Reg.29/2009(DLS)Exemptions
DLS workshop17November2017
TE.GEN.00409-001
Reg.29/2009(DLS)Exemptions
17/11/2017 Agenda 2
Background (applicability, EC request)
DLS Exemptions (options, text, report)
RMT.0524 (EC request, ToR)
Agenda
Article 14Exemptions
Criteria eligibility
Article 3Operators -
DLS Capability by 5 Feb 2020,
except:
Background: Regulation 29/2009 (as amended) applicability/exemptions
Applicable to all IFR GAT flights above FL 285.
17/11/2017 Background - DLS regulation 3
Regulation 29/2009 – laying down requirements on data link services for the single European sky.
• aircraft C of A first issued before 1 January 2014 and fitted with data link equipment (FANS)
• aircraft C of A first issued before 31 December 2003 ceasing operation before 31 December 2022
• state aircraft• Testing/delivery/maintenance.
(a) aircraft types reaching the end of their production life and being produced in limited numbers; and(b) aircraft types for which re-engineering costs required would be disproportionate due to old design.
Regulation applicable from 5 February 2018.
PreambleA significant %
of flights,not less than 75 %, should be equipped
with DLScapability
Background - EC request – short term review
17/11/2017 Background - DLS regulation 4
A review of Regulation (EC) No 29/2009 with the purpose:
•• to assess, clarify and adapt the conditions for exemptions.•• to clarify the provisions regarding non-AOC traffic operators.•• to review of the existing Decisions on exemptions, considering the newly
established criteria (conditions for exemptions).•• to assess the latest relevant ICAO Amdts. to Annex 10, 11, their impacts
and modifications to the regulation.
Short term review status
•• DLS exemptions report has been delivered to the European Commission.
DLS exemptions – short term review
17/11/2017 DLS Exemptions 5
OptionsCommission request and expectations
Stakeholders feedback
DLS implementation
performance results
uncertain
DLS Reg. (cca. min.75%)
Previous Decisions and
additional applications
Existing DLS IR exemptions conditions
DLS exemptions – short term review -Stakeholders feedback
Focused consultation in Brussels 22 May 2017 - stakeholders included CANSO, IATA, IACA/AIRE, TCHs (Boeing, Airbus), EBAA, GAMA, Eurocontrol.
Feedback:• any change of the exemption criteria at this time, would trigger exemption
requests for re-validation/or new requests, which may result in differences in the exemption list.
• regulation should not be postponed again.• some avionics solutions (dual-stack) may not be available for certain aircraft
types.• operators of aircraft 19 or less pax should be exempted for current DLS
requirements (until the ATN B2 usage is required).• non-AOC traffic issue may not be regulatory rather contractual in nature,
therefore regulation needs to be enforced.• keep the ‘sunset’ criteria (cease operations by 2022) in the regulation.• clarifications needed (e.g. incorporation of the FANS 1/A design change for
aircraft with a CofA prior to 2014)
17/11/2017 DLS Exemptions - Stakeholders feedback 6
DLS exemptions – short term review
17/11/2017 DLS Exemptions 7
OptionsCommission request and expectations
Stakeholders feedback
DLS implementation
performance results
uncertain
DLS Reg. (cca. min.75%)
Previous Decisions and
additional applications
Existing DLS IR exemptions conditions
DLS exemptions report – Existing Decisions
17/11/2017 DLS Exemptions Options 8
On the basis of Art 14, two Commission Decisions have been adopted so far:
• Decision C (2611) of 20 May 2011
• Decision C (9074) of 9 Dec 2011
3rd final consolidated Decision is still in preparation
• 3rd consolidated decision is proposed to be based on the ‘exemptions’ table
DLS exemptions report – Existing exemptions conditions
17/11/2017 DLS Exemptions Options 9
Exemptions table (type/model exemptions)
Article 14: (a) aircraft types reaching the end of their production life and being produced in limited numbers; and(b) aircraft types for which re-engineering costs required would be disproportionate due to old design.
Considerations
(a) end of the aircraft production life and produced in limited numbers: production reached its peak, production in decline phase, 95% of the production has been delivered, and
(b) Disproportionate cost:• Approach 1 - Cost of retrofit as percentage of the average current market value • Approach 2 –Cost of retrofit in relation to the aircraft specific benefit from DLS• Approach 3 – Proportionality: Cost of retrofit in relation to the cost of forward fit
DLS exemptions - Options
Option 0: Implement current DLS IR plus aircraft types exempted as per the ‘Exemptions’ table – base for draft Decision 3.
17/11/2017 DLS Exemptions Options 10
Option 1: Exemption criteria
•• Current automatic exemptions•• There will be no type /model based exemptions •• Exempt aircraft with a first CofA prior to 1st
January 2000•• Exempt aircraft operated in accordance with in
non-commercial type operations•• Exempt aircraft 19 passenger seats or less and a
MTOM of 45359 Kg /100000 lbs or less
Various options have been considered. Examples are provided below:
DLS exemptions report - Options
17/11/2017 DLS Exemptions Options 11
Criteria Explanation
FANS 2014 exempt aircraft equipped with FANS 1/A, with a first CofA prior to 1 January 2014 (existing in the DLS regulation)
FANS 2018 exempt aircraft equipped with FANS 1/A, with a first CofA prior to 1 January 2018
Draft proposal 3
exempt aircraft based on the type/model exemption list proposed by draft Decision 3
CofA year 2000 exempt aircraft with a first CofA prior to 1 January 2000
CofA 1995 exempt aircraft with a first CofA prior to 1 January 1995Non-commercial exempt aircraft operating non-commercial
Seat numberexempt aircraft with a certified seating configuration of 19seats or less and a MTOM of 45359 Kg/100000 lbs or less(first CofA prior to Feb. 2020)
Sunset 2022exempt aircraft with first CofA prior to 31 December 2003, which will retire by 31 December 2022 (existing in the DLS regulation)
DLS exemptions report - Options
Option 5: Exemption criteria Option 0, plusexempting(or changing criteria) as follows:
•• Aircraft with a first CofA prior to 1st January 1995•• Aircraft operated in accordance with non-commercial
type operations•• Aircraft with a seating capacity of 19 passenger seats
or less and a MTOM of 45359 Kg / 100000 lbs or less -retrofit
•• FANS-1/A requirement, is revised extending the exemptions for aircraft equipped with FANS-1/A with a first CofA of 1 January 2018.
17/11/2017 DLS Exemptions Options 12
Exempted32.4%
Non-exempted67.6%
SHAREOFFLIGHTHOURS,OPTION5 32.4%29.5%
27.0%24.7%
22.5%20.6%
18.8%
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
2017 2018 2019 2020 2021 2022 2023
Shareofexemptedflighthou
rs
Year
Note: Due to the sunset 2022 criterion, 1.6% points should be added for all options (ending in 2022)
Revised automatic exemptions (Article 3)
Revised list of models/types (Article
14)(‘Exemptions’ table)
+
Option 5 is the proposed option in the DLS exemptions report.
DLS exemptions report- automatic exempt./type exempt.– Option 5
17/11/2017 DLS exemptions - Automatic exempt./Type exempt. 13
3. Paragraph 2 shall not apply to:(a) aircraft with an individual certificate of airworthiness first issued before1 January 20148 and fitted prior to this date with data link equipmentcertified against compliant with the requirements of one of the Eurocaedocuments specified in point (10) of Annex III;
(b) aircraft engaged in non-commercial operations;
(c) aircraft with an individual certificate of airworthiness first issued before 1 January 1995;
(bd) aircraft which have an individual certificate of airworthiness firstissued before 31 December 2003 and which will cease operation in theairspace referred to in Article 1(3) before 31 December 2022;
(e) aircraft which have a certified maximum seating capacity of 19 passengers or less and a MTOM of 45359 Kg (100000 lbs) or less, with a first individual certificate of airworthiness issued before 5 February 2020;
(cf) State aircraft;
(dg) aircraft flying in the airspace referred to in Article 1(3) for testing,delivery or for maintenance purposes or with data link constituentstemporarily inoperative under conditions specified in the applicableminimum equipment list […].
4. Member States which decide to equip new transport type State aircraftentering into service after 1 January 2019 […]
Exempt from Retrofit Not ExemptA330 Series 200/300 ACJ318Global Express/5000 ACJ319CL-600-2C10 (CRJ-700) ACJ320C525C, CJ4 ACJ-321C560XL (Citation XLS+) B737-700IGW (BBJ)F2000 B737-800 (BBJ2)F900 B737-900ER (BBJ3)EMB-500 (Phenom 100) B767-300FEMB-505 (Phenom 300) ERJ 190-100ECJEMB-135BJ (Legacy 600)EMB-135EJ (Legacy 650)ERJ 145 Family (135/140/145)PC-12 NG
Exemption ‘only for retrofit’ means that all the aircraft with the first CofA prior to 5 February 2020 are exempted from complying with the DLS regulation.
Aircraft with a first CofA after 5February 2020 and prior to 5 Feb 2022 should be equipped by 5 February 2022.
Aircraft with a first CofA after 5 February 2022, shall be equipped, to operate
All aircraft operating from 5 February 2022 must be DLS equipped
Proposed revised automatic exemptions (Article 3)
Revised list of models/types proposed for exemption (Article 14) +
Note: differences (from applications) shown above
Proposedexemptionsaircrafttypesfileattached
DLS exemptions report – other issues
17/11/2017 DLS Exemptions Report 14
ICAO Annexes assessment
•• The ICAO provisions referred in Article 3, 5, 6, 7, 8, 9 and 13 and Annex IV, are recommended to be updated.
•• Additional review is needed. •• To be addressed during the RMT.0524.
Non-AOC traffic issue
Other clerical changes
•• To be addressed during the RMT.0524.
•• Various other clerical issues in the DLS IR are proposed.
DLS exemptions - recap
17/11/2017 DLS Exemptions Report 15
Proposal to base Decision 3 (DLS exemptions) on the ‘Exemptions’ table and repeal Decision 1 and 2
Propose minimal change to Article 14, just adding
‘models’
Update ICAO references*
Remaining issues (non-AOC, ICAO amdt. review) transferred to
RMT.0524
Correct clerical issues
Proposal to revise the ‘Automatic
exemptions’ (Article 3)
1 2
3
45
6
RMT.0524 - EC request - Status
17/11/2017 RMT.0524 – EC request/status 16
Initiation of Data link Service (RMT.0524) •• DLS implementation needs stemming from the ELSA recommendations, and notably the
requirements for ELSA Model D implementation •• identification and development of an "end-to-end Certification/validation" framework •• clarification of the notion of "best in class" performance and the related avionics
improvements.•• Other regulatory needs to implement PCP AF6 (I4D)
RMT.0524 status
•• ToR of the RMT.0524 (with the Advisory Bodies for consultation - 27 November 2017)•• Expected ToR and GC publication on EASA website January 2018 or earlier.•• First RMG meeting planned for mid-January 2018.
DraftToR RMT.0524Issue1
RMT.0524 - EC request - Status
17/11/2017 RMT.0524 – EC request/status 17
ToR (RMT.0524)January 2018
NPA Q4 2018 CRD/OPINION Q2 2019
DLS IR amendment adoptedQ4 2019
RMT.0524 schedule
Note: schedule may be affected by various deliverables (e.g. Model D definition, capacity study, etc.)
RMT.0524 - EC request - Status
17/11/2017 RMT.0524 – EC request/status 18
Draft ToR for RMT.0524 content•• Address implementation issues for current DLS IR:
•• EASA Model D – regulatory framework•• End to End performance •• ‘Best in class’ avionics - clarification, performance•• Non-AOC traffic issue•• Update to the latest ICAO Amendments.
•• Take into consideration the 2 SIBs issued with regards to DLS
•• Support Initial trajectory information sharing (I4d) – PCP regulation – AF6
•• Support to Air OPS – (independent schedule)•• To clarify how MSs and European operators are to comply with the applicable PBCS
requirements, initially for operations in the NAT airspace.
Thankyou!