Research project: Regulatory framework for Higher Airspace Operations (HAO)

BACKGROUND

Over recent years technological advancements and new business models have emerged leading to a growing interest in HAO, and the development of new vehicles, such as High-Altitude Platforms (HAPs), super- and hypersonic aircraft and suborbital commercial space launchers.

Following preparatory steps since 2018 including the development of an EASA HAO Roadmap on 10 March 2023, the European Commission entrusted EASA, through a Contribution Agreement signed on 11 November 2024, to prepare a draft regulatory framework for HAO in the European Union. This framework shall enable emerging aviation activities in the higher airspace, while adequately addressing safety, security, environmental concerns, and cyber risks. It shall contribute building a global approach through ICAO by establishing a strong European position to support the EU in getting and maintaining a leading role in this future industry.

The regulatory framework will be developed in the period 2024–2027 and will involve four tasks:

1. Building Awareness: Training, guidance on sandboxes, and public webinars.
2. Scientific Studies: Research technical constraints and data collection.
3. Regulatory Preparation: Develop a Notice of Proposed Amendment (NPA).
4. Project Management: Ensure coordination and deliverables.
5. Project Management: Ensure coordination and deliverables.
    

ACTORS
 

Stakeholders Map

This map illustrates the key entities involved in HAO. It highlights the connections between regulatory bodies, industry, research groups, and operational stakeholders contributing to ECHO and HAO initiatives

OBJECTIVES
 

The overall goal of the Action is to support the progressive, safe, sustainable, secure and harmonised introduction of HAO in the EU civil aviation system to support the development of an adequate and proportionate regulatory framework to enable HAO in the EU airspace in the next 10 years (2024-2034).

It is expected that the Action will contribute to the following specific objectives:

The Action will not include:

• Support to specific/individual industrial developments.
• Support to ECHO 2: EASA intervention in relation to this project will be limited to a review of Deliverables.
• EASA’s contribution will be limited to providing advice to the Commission, and participation to global  activities upon Commission request.
• Studies on civil-military coordination.
• Studies/activities on the impact of space operations on air traffic.
   

OVERVIEW OF TASK 

The Action will be implemented through 4 main tasks:

• Task 1/Objective A: Know-how and awareness building
  This Task will be performed by EASA Expert
• Task 2/Objective A: Conducting scientific studies
  This task will be performed by external organisations
• Task 3/Objectives C & D: Preparing a Notice of Proposed amendment
  This task will be performed by EASA Experts
• Task 4/all Objectives: Project management and administrative support
  This task will be performed by the EASA project and contract manager

structured as follow

• TASK 1: Know-how and awareness building (Objective A)

  Sub-task 1.1 - Assessment of ECHO 1: Provision of EASA’s opinion as well as consultation of the EASA Member States and national competent authorities through the Member States Advisory Board (MAB) on the compatibility of ECHO1 results with the EU regulatory objectives; if possible, the consultation will also be extended to other EASA thematic advisory bodies and Stakeholder Advisory Board.  
  Sub-task 1.2 - Recommendations on results of ECHO 2: EASA will benefit from SESAR funding to review a maximum of 6 deliverables from the ECHO 2 project. In addition, EASA will review another set of 18 deliverables which are are updates of the 6 initial deliverables or because they are addressing areas for which EASA is competent, such as safety assessments, standards, etc. and for which EASA has to ensure compliance with the EASA Basic Regulation and with the delegated and implementing acts. The review of these additional Deliverables will be covered by this Agreement. 
   
  Sub-Task 1.3 - Guidance on regulatory sandboxes for HAO: EASA will develop a draft manual on how to conduct regulatory sandboxes tests in the EU, with a view to guide stakeholders and encourage harmonisation of the practices across the EU-. The draft Manual will be subject to consultation of the relevant EASA advisory bodies. 
   
  Sub-task 1.4 - Improvement of occurrence reporting on HAO: EASA will identify and assess options to enforce the occurrence reporting related to HAO under Reg. 2014/396 and make recommendations to the EU Commission. 
   
  Sub-task 1.5 - Competence building/training: EASA will be disseminating two main interim results: the Manual on regulatory sandboxes and the recommendation on reinforcing HAO occurrence reporting to increase awareness for demonstrators planned in the coming years. 
   
  Sub-task 1.6 - Communication: Maintenance of the EASA webpage on HAO. 
   
  Sub-task 1.7 - Coordination at European and global level to raise awareness and to be acquainted with the latest developments: Participation by EASA to a maximum of 2 coordination meetings in Cologne or Brussels, as well as the review of and comments on a maximum of 2 documents. This coordination may include for instance EU authorities in charge of space policy. Alternatively, the Commission could request this to be turned into an inter-institutional coordination managed by EASA organising the same number of meetings and actors.
    

• TASK 2: Scientific studies (Objective B)

  In order to prepare the regulatory framework, a number of prerequisites are necessary, notably scientific studies to understand the technical constraints of operations at higher altitude and data collection to support impact assessments and choice of regulatory options.
  Sub-task 2.1 - Literature review: This sub-tasks consists in gathering the existing scientific literature and produce a high level analysis on the subject of HAO, as an initial step under the Action.  
  Sub-task 2.2 - Update of demand analysis and market developments: The objective of this subtask is to update, for the next 10 years and beyond, the demand analysis produced by ECHO 1 which was dones in 2022, for what concerns the EU market and industry.  
  Sub-Task 2.3 - Initial study on CNS civil needs and capacities in HAO , incl. spectrum needs: This sub-task will analyse whether current civil CNS capabilities will they still be functioning at high altitude and whether they will be able to accomodate the expected needs of higher airspace operations. The study will consult the Network Manager for its activities in this field, as well as other relevant actors. The results will include the analysis, underline the limits and risks and propose possible alternative options.  
  Sub-Task 2.4 - Initial study on aero-medical fitness of aircrew members and passengers in HAO: This sub-task will collect scientific critical data related to the impact of HAO on human health and evaluate potential medical requirements that may need to be applied to crew members and individuals other than crew members on board HAO aircraft, including passengers and participants. Deliverable: summary of the study results.  
  Sub-task 2.5 - Initial study on MET space weather services for HAO: This sub-task will analyse the safety risks to HAO coming from weather or space weather phenomemons and will assess whether the current MET capabilities and services, as well as current space weather services will be able to support HAO. It will propose alternative options or mitigation measures if possible.  
  Sub-tasks 2.6 - Legal analysis: This sub-task will analyse the legal regime(s) applicable to HAO and clarify the respective competences and liabilities in this field, based on the various types of HAO and taking into account the shared and parallel competences at EU level. It will notably propose classification criteria (space/aviation) and competence criteria to define the competent authorities, as well as an overview of the respective responsibilities/liabilities.  
  Sub-task 2.7 - Scientific study supporting safety, sustainability and cyber-security impact assessments: This subtask will analyse the safety, sustainability and cyber-security risks triggered by HAO with a view to notably define appropriate safety, environmental and cyber-security targets and design a proportionate regulatory framework. The results will include an identification of the types of risks, if possible a quantification of the level of risks and possible mitigation measures.  
   

• TASK 3: Regulatory proposal /NPA (Objectives C & D)

  Sub-task 3.1 - Analysis of Basic Acts: This sub-task will review the applicable EU basic acts in order to confirm that they support the future EU regulatory action. If needed, the sub-task will identify gaps and propose admendments.  
  Sub-task 3.2 - Detailed impact assessment, regulatory gap analysis (scope of EASA competence) and draft NPA: This sub-task will be performed by the EASA experts, based on the outcome of the previous sub-tasks and following the Better Regulation methodology. It may include, if relevant, an assessment of the consistency with the EU space regulations as well as the results of the EDA study on civ-mil coordination in HAO.  
  Sub-task 3.3 - consultation on impact assessment and options: This sub-task includes the organisation and provision of secretariat for 2 advisory meetings with stakeholders on the draft Impact Assessment and NPA.
   

  • TASK 4: Project management and administrative support (all Objectives)

    Sub-task 4.1- Project management: This sub-task consists in preparing, updating and executing the project management plan coordinating the various sub-tasks within the Agency.
    Sub-task 4.2 – Management of outsourced contracts: This sub-task includes the administrative management of the contract(s) for the various studies – Deliverable: contract(s) and final payment decisions.
    Sub-task 4.3 – Interim progress report: This sub-task includes the drafting and update of the Interim progress report to the Commission.
    Sub-task 4.4 – Final report: This sub-task includes the drafting and update of the final report, the internal consultation process and delivery to the Commission. It may involve basic communications activities such as presentation to the Commission, to the European Parliament and/or other EU body, if required.