The PMA together with the French Federation Féderation Française de Vol Libre (FFVL) and the Swiss Federation SHV, as well as several major manufacturers within and outside the PMA has commissioned the law office Eba Associés which is specialized in European law and based in Paris and Munich to achieve the recognition by Germany of the type tests done by the test laboratories of the FFVL and para-test.com.
In § 11 of the German LuftGerPV (airsports devices testing decree) chapter 4 it says:
(4) Type tests or certifications of a member state of the European Union or the European Economic Area are immediately valid and replace the tests described in chapter 1 and 2. www.buzer.de/gesetz/10513/a179697.htm
In the regulation (EG) Nr. 216/2008 of the European parliament and of the council of 20 Feb. 2008 on common rules in the field of civil aviation Art. 4 Nr. 4 annex II aircraft with an empty mass below 70 kg are exempted from this regulation 216/2008. eur-lex.europa.eu/legal-content/EN-DE-FR/TXT/
(Explanation: in all areas where no European regulation exists the member states are free to issue national regulations).
The answer by the German ministry of transport and digital infrastructure of 04 Feb 2015 is the following:
„Dear Madams and Sirs,
I thank you for your letter 1301265 of 15 Jan. 2015. I can give the following statement to the questions you have asked:
As I already explained in my letter of 04 Dec. 2014 in §11 LuftGerPV chapter 4 the decree for testing of airsports devices (LuftGerPV) type tests or certifications by a member state ... are regarded as equivalent to the tests required in Germany. The tests executed by the Féderation Française de Vol Libre (FFVL) should therefore be accepted by an authority in France or by an institution commissioned by an authority that the issued document can be regarded as a certification by a member state. If this is the case these airsports devices are allowed to be flown in Germany as well. There is no additional document necessary from my side.
The equivalence of the tests of the Swiss test laboratory with the German requirements is not intended by the LuftGerPV. Neither an exemption for technically qualified tests by other states. But from the side of Switzerland based on an agreement between the European Community and Switzerland about civil aviation referring to the decisions made in (2014/14/EU) all European regulations have been (basically) taken over by Switzerland. An acceptance of the Swiss tests in the field of hang gliding and paragliding therefore would be obvious.
On the occasion of the revision of the base regulation EG Nr. 216/2008 and especially the annex II contained in this regulation, there will be most likely the opportunity to think about the scope and the way of tests for airsports devices as well as ultralight aircraft and also the light airsports devices. In this process your suggestions certainly will be taken into account.
With kind regards
You can download the PDF-file of this answer here
What does this mean?
- The FFVL in France, like the DHV in Germany is commissioned by an authority, in the case of the FFVL by the French sports ministry to regulate hang gliding and paragliding. The test laboratory of the FFVL, Aerotest executes tests for light airsports devices following the EN standards. Tests of powered paragliders are confirmed by the French DGAC (direction générale de l’aviación civile). Both cases therefore can be regarded as tests or certifications by a member state, which are acknowledged in Germany.
- Regarding the Swiss tests, which are executed by para-test.com there is hope that in future they will be included into the agreement for civil aviation between the EU and Switzerland. But since the mills of legislation are grinding very slowly, the only economically sensible way for the Swiss test laboratory will be to catch up with the test laboratories in Germany by DHV and EAPR and to complete the accreditation following the European accreditation system for test laboratories.
- The legislation in Germany did follow the right direction of Europeanization by accepting the test laboratories of other member states of the European Union. What remains now is to introduce common rules within the European Union and to remove the obligation for test laboratory accreditation in Germany.
- The conflict regarding CCC Competition Class: The whole World, the FAI and even the DHV accept the competition paragliders tested by the Swiss test laboratory para-test.com. In all competitions organized by the DHV these paragliders are allowed to be flown even in the recreational competition DHV-XC. On the other hand tests of the same test laboratory for EN A, B, C, D paragliders are not accepted in Germany.
- The PMA is in favour of equal rights across Europe and therefore would like to abolish the new obligation for test laboratory accreditation in Germany