HC Deb 19 September 2003 vol 410 cc1055-8W
Mr. Paterson

To ask the Secretary of State for Transport (1) whether there is a standard of airworthiness in respect of tethered balloons for passenger transport; [131180]

(2) when he expects European Aviation Safety Authority type certification CS31TGB to be (a) promulgated and (b) enforced; [131189]

(3) what plans he has to give the Civil Aviation Authority powers to certify the safety of airworthiness of tethered balloons for passenger transport; [131181]

(4) if he will list the (a) telephone calls, (b) meetings, (c) correspondence and (d) other communication he has had with the (i) Civil Aviation Authority, (ii) European Aviation Safety Authority, (iii) Joint Aviation Authority and (iv) EU transport ministers on the certification of airworthiness of tethered balloons for passenger transport in the last 12 months; [131190]

(5) what research he has conducted on the safety regimes of (a) France and (b) Germany on tethered balloons for passenger transport; [131191]

(6) whether UK operators of tethered balloons for passenger transport will be able to operate such equipment after 28 September without (a) type certification under CS 31 TGB and (b) grandfather rights; [131182]

(7) what recent assessment he has made of the safety of tethered balloons for passenger transport; [131183]

(8) what assessment he has made of the employment prospects for the balloon industry, with particular reference to the effects of the lack of a certification standard for tethered balloons for passenger transport; [131192]

(9) what estimate he has made of sales volumes of tethered balloons for passenger transport in the next five years; [131184]

(10) what estimate he has made of the number of tethered balloons for passenger transport which have been (a) sold in and (b) imported into the UK in the past five years; [131193]

(11) how many officials at his Department have duties relating to the certification of airworthiness of tethered balloons; [131194]

(12) what his Department's responsibilities are in respect of Civil Aviation Authority certification for tethered balloons for passenger transport; [131185]

(13) what his Department's responsibilities are in respect of the airworthiness of tethered balloons for passenger transport; [131186]

(14) how many Civil Aviation Authority officials have (a) full and (b) part-time duties in relation to airworthiness certification; [131195]

(15) what advice he gives to manufacturers of tethered balloons on the (a) current and (b) proposed regulatory framework; [131196]

(16) what recent discussions he has had with (a) UK balloon manufacturers (b) the Civil Aviation Authority and (c) the European Aviation Safety Authority on the certification of airworthiness of tethered balloons for passenger transport; [131187]

(17) what plans he has to make provision for the temporary certification of airworthiness of tethered balloons for passenger transport, in advance of a European standard; [131188]

(18) how many (a) accidents, (b) injuries and (c) deaths to (i) passengers, (ii) operators and (iii) users of tethered balloons for passenger transport have been reported in the last five years; [131197]

(19) if he will list the communications he has had with ministers in other departments with regard to the certification of airworthiness of tethered balloons for passenger transport in the last 12 months; [131303]

(20) if he will make a statement on the negotiations with EU authorities establishing grandfather rights for regulatory authorities in France and Germany in respect of tethered balloons for passenger transport. [131304]

Mr. McNulty

There are no international airworthiness standards in respect of tethered balloons for passenger transport.

In the UK, the Air Navigation Order 2000 exempts such aircraft, described as captive balloons, from the requirement to be registered and thus from any airworthiness certification requirement. Tethered balloons carrying passengers are treated as fairground rides and their safety standards have been regulated by the Health and Safety Executive, rather than the Civil Aviation Authority. The Department for Transport accordingly has had no duties relating to the airworthiness of tethered balloons.

Some other European countries have required tethered balloons to be registered and established national airworthiness certification requirements. Such requirements have been the responsibility of the states concerned and the Government has had no reason to research their safety regimes. UK produced tethered balloons sold into these countries have been required to meet national requirements which has caused some practical difficulties due to those states' unfamiliarity with UK Health and Safety Executive regulations.

EC Regulation 1592/2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency came into force in September 2002. Its primary objective is to establish and maintain a high uniform level of civil aviation in Europe and an additional objective is to facilitate the free movement of goods, persons and services. The regulation lays down safety essential airworthiness requirements for aircraft and aviation products within its scope, which includes tethered balloons, and empowers the agency to establish the type certification basis for each aircraft, to issue the appropriate type certificates and to conduct, either itself or through national aviation authorities, the technical inspections associated with such certification. This system will facilitate the marketing of aircraft, such as captive balloons, throughout the Community.

The agency is required to take up its certification responsibilities by 28 September. Commission Regulations detailing how these responsibilities will be implemented are being drawn up to a very tight timetable and should be finalised very shortly. The UK has been fully involved in the process of drawing up these implementing regulations. The regulations will include transitional provisions to ensure that all aircraft types currently used in member states can continue to be used after 28 September, including UK built tethered balloons.

There are also provisions to give grandfather rights to a large range of aircraft and products certified under previous regimes. Under specified conditions, the type certification basis for certain products will be deemed to be an EASA certification basis: this will apply to a number of types of tethered balloons certified in other member states. Such provisions cannot apply to UK designed balloons because there has been no UK type certification basis for them. The agency has to establish an EASA certification basis for these aircraft and work is in hand to draft the appropriate certification specification (Certification Specification 31 Tethered Gas Balloons, known as CS 31 TGB). The agency is using a team of national expert put together by the Joint Aviation Authorities to develop this specification, industry will be consulted and it is expected to be adopted early in 2004.

EASA arrangements for outsourcing tasks to national aviation authorities will allow the CAA to carry out a range of certification activities on behalf of the agency after 28 September and we understand that the CAA could quickly begin the necessary certification work for UK tethered balloons on the basis of the current draft of the certification specification. The authority has been in touch with the manufacturer of tethered balloons in the UK about the EASA developments and will endeavour to ensure as smooth a transition to the new system as possible.

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