ECAC/35-SD EUROPEAN CIVIL AVIATION CONFERENCE THIRTY-FIFTH SPECIAL PLENARY SESSION OF ECAC. (Paris, 18 May 2016) SUMMARY OF DISCUSSIONS

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1 those EUROPEAN CIVIL AVIATION CONFERENCE ECAC/35-SD 1 CONFERENCE EUROPÉENNE DE L AVIATION CIVILE THIRTY-FIFTH SPECIAL PLENARY SESSION OF ECAC (Paris, 18 May 2016) SUMMARY OF DISCUSSIONS Agenda item 1: Adoption of the agenda 1. The thirty-fifth Special Plenary Session of ECAC was held in Paris on 18 May The agenda of the meeting was adopted without modification and is at Attachment 1, and the list of participants is at Attachment President of ECAC, welcomed Vice-President of the European Federation of Light, Experimental and Vintage Aircraft (EFLEVA), who was invited to attend the Special Plenary Session as an observer. Agenda item 2: ECAC Recommendation on mutual acceptance of airworthiness certificates of certain historical aircraft 3. The President invited to deliver his presentation (PWPT1) on the cross-border operations of Factory National Restricted Permit to fly (FNRP) aircraft. provided the background to why his organisation had asked ECAC to adopt a recommendation on the mutual acceptance of airworthiness certificates or permits to fly of certain historical aircraft - designed before 1 January 1955 and whose production ended before 1 January He explained that aircraft fail under EFLEVA s remit. Of these, experimental aircraft were already covered by the ECAC Recommendation INT.S/11 on homebuilt aircraft adopted in However, of the other vintage aircraft, 9657 were not covered by the 1980 Recommendation, nor by EASA rules (EC Regulation 216/2008). explained the limits of the present situation, which results in burdensome regulatory procedures being placed on General Aviation for cross-border flights. He concluded his intervention by inviting ECAC to adopt the recommendation in question. 4. The President thanked and invited the Executive Secretary of ECAC, to present WP/2 containing the proposed recommendation. 5. introduced WP/2 setting out the background elements leading to the proposed recommendation. In particular, he recalled that the proposal had originated from a request from EFLEVA, as previously mentioned by and highlighted that the adoption of the recommendation would contribute to the European strategy to reduce the regulatory burden placed on General Aviation. recalled that EFLEVA s request had been submitted to DGCA/145 on 3 December 2015, and that Directors General had agreed in principle to adopt the recommendation provided the ECAC Legal Task Force approved it. explained that the recommendation invited Member States to accept historic aircraft with either national restricted permits to fly or national restricted certificates of airworthiness, issued by another Member State, to fly in their country without any restrictions other than those stated in the permit to fly or certificate of airworthiness. This would apply to non-military aircraft weighing less than (6 pages)

2 2 ECAC/35-SD kg operated in cross-border non-commercial flights. The proposed recommendation (Attachment 3) was drafted by the ECAC Secretariat and reviewed by the Legal Task Force, which endorsed It on 18 February The President thanked L and opened the floor for comments. Mr why military aircraft were excluded from the scope of the recommendation. In particular, he ndicated that j had many ex-military aircraft that would benefit from the recommendation. recalled that, as requested by EFLEVA, the recommendation was applicable to aircraft previousiy holding an ICAO compliant certiflcate of airworthiness and that ex-military aircraft do not fali into this category. He underlined that this issue had also been discussed at the Legal Task Force meeting. Several participants subsequently intervened and confirmed their support for the recommendation. 7. There being no further comments, the President concluded that the Special Plenary Session adopted the Recommendation for the mutual acceptance by ECAC Member States of airworthiness certificates, or permits to fly, of certain historical aircraft, which is presented at Attachment 3 of the present Summary of Discussions, and subsequently closed the Special Plenary Session.

3 3 Attachment ECAC/35-SD EngHsh only ATTACHMENT 1 AGENDA Agenda item 1. Agenda item 2. Adoption o the agenda ECAC Recommendation on mutual acceptance of airworthiness certificates of certain historical aircraft Note: The Special Plenary Session will be invited to adopt formally a Recommendation for the mutual acceptance by ECAC Member States of airworthiness certificates or permits to fly of certain historic aircraft.

4 ECAC/35-SD English only -4- ATTACHMENT 2 Attachment 2 LIST OF PARTICIPANTS President COUNTRY NAME Austria Bosnia and Herzegovina Bulgaria Croatia Cyprus Czech Republic Den mark Estonia Finland France Georgie Germa ny Greece Hungary Iceland Ireland Ita ly Lithuania Malta Moldova Monaco Montenegro Netherlands

5 Attachment 2-5- ECAC/35-SD English only Norway Poland Portugal Republic of San Marino Serbia Slovakia Slovenia 1 Spain Swed en Switzerland The Former Yugoslav Republic of Macedonia Turkey U kra i ne United Kingdom ORGANISA TIONS EASA EUROCONTROL European Commission ICAO SESAR 1 EFLEVA ECAC SECRETARIAT

6 END 6 Attachment ECAC/35-SD - English only - 3 ATTACHMENT 3 iø h C. C RECOMMENDATION ECAC/35-1 ON THE MUTUAL ACCEPTANCE BY ECAC MEMBER STATES OF AIRWORTHINESS CERTIFICATES OR PERMITS TO FLY OF CERTAIN HISTORICAL AIRCRAFT The Conference Having considered Article 6 of the Constitution of the European Civil Aviation Conference which estabflshes that the Conference shali hold Special Plenary Sessions as necessary in the intervals between Triennial Sessions to adopt formal recommendations or resolutions prepared by subordinate bodies, Having examined the request of the European Federation of Light and Experimental and Vintage Aircraft (EFLEVA) to the Conference to adopt a Recommendation on the mutual acceptance by ECAC Member States of airworthiness certificate and permits to fly of certain historical aircraft, Considering that such a Recommendation would contribute to sustaining the historical knowledge of these aircraft, Underlining that such a Recommendation would be in line with the European strategy to reduce the regulatory burden on General Aviation, Having examined the proposal of the ECAC Secretariat as reviewed and endorsed by the Legal Task Force of ECAC, Recommends that Member States allow to fly in their country without any restrictions, other than those stated in the certificate of airworthiness or permit to fly issued by another Member State, historical aircraft originally factory-manufactured and previously holding an ICAO cornpliant Cert/ficate of Airworthiness and subsequently opera ted under national rules through a National Restricted Permit to Fly or National Restricted Certificate of Airworthiness, and falling under EU Regulation (EC) No 216/2008, Annex II, Art/de a(i). The present Recornrnendation appi/es only to aircraft of maxirnurn take-off weight of less than Kg and operated in non-cornrnercial flights. ECAC Member States retain the right to establish the maxirnurn duration of opera tions of these aircraft in their own territory.