03-nomo8esia-easa

I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

REGULATION (EC) No 216/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 February 2008

on common rules in the field of civil aviation and establishing a European Aviation Safety Agency,and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive

2004/36/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THEEUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-nity, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the Economic and SocialCommittee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251of the Treaty (2),

Whereas:

(1) A high and uniform level of protection of the Europeancitizen should at all times be ensured in civil aviation, bythe adoption of common safety rules and by measuresensuring that products, persons and organisations in theCommunity comply with such rules and with thoseadopted to protect the environment. This should contributeto facilitating the free movement of goods, persons andorganisations in the internal market.

(2) In addition, third-country aircraft operated into, within orout of the territory where the Treaty applies should besubject to appropriate oversight at Community level within

the limits set by the Convention on International CivilAviation, signed in Chicago on 7 December 1944 (theChicago Convention), to which all Member States areparties.

(3) The Chicago Convention already provides for minimumstandards to ensure the safety of civil aviation andenvironmental protection relating thereto. Communityessential requirements and rules adopted for their imple-mentation should ensure that Member States fulfil theobligations created by the Chicago Convention, includingthose vis--vis third countries.

(4) The Community should lay down, in line with standardsand recommended practices set by the Chicago Convention,essential requirements applicable to aeronautical products,parts and appliances, to persons and organisations involvedin the operation of aircraft, and to persons and productsinvolved in the training and medical examination of pilots.The Commission should be empowered to develop thenecessary implementing rules.

(5) It would not be appropriate to subject all aircraft tocommon rules, in particular aircraft that are of simpledesign or operate mainly on a local basis, and those that arehome-built or particularly rare or only exist in a smallnumber; such aircraft should therefore remain under theregulatory control of the Member States, without anyobligation under this Regulation on other Member States torecognise such national arrangements. However, propor-tionate measures should be taken to increase generally thelevel of safety of recreational aviation. Consideration shouldin particular be given to aeroplanes and helicopters with alow maximum take-off mass and whose performance isincreasing, which can circulate all over the Community and

19.3.2008 EN Official Journal of the European Union L 79/1

(1) OJ C 185, 8.8.2006, p. 106.(2) Opinion of the European Parliament of 14 March 2007 (OJ C 301 E,

13.12.2007, p. 103), Council Common Position of 15 October2007 (OJ C 277 E, 20.11.2007, p. 8) and Position of the EuropeanParliament of 12 December 2007. Council Decision of 31 January2008.

enforcement, as well as to adopt a regulation on the feesand charges of the Agency. Since those measures are ofgeneral scope and are designed to amend non-essentialelements of this Regulation, inter alia, by supplementing itwith new non-essential elements, they must be adopted inaccordance with the regulatory procedure with scrutinyprovided for in Article 5a of Decision 1999/468/EC.

(39) On grounds of efficiency, the normal time-limits for theregulatory procedure with scrutiny should be curtailed forthe adaptation of the essential requirements for environ-mental protection and for the adoption of the implement-ing rules for environmental protection.

(40) On grounds of urgency it is necessary to apply the urgencyprocedure provided for in Article 5a(6) of Decision 1999/468/EC for the Commission to decide on the measurestaken by Member States in immediate reaction to a safetyproblem, as well as on derogating approvals submitted byMember States,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

PRINCIPLES

Article 1

Scope

1. This Regulation shall apply to:

(a) the design, production, maintenance and operation ofaeronautical products, parts and appliances, as well aspersonnel and organisations involved in the design,production and maintenance of such products, parts andappliances;

(b) personnel and organisations involved in the operation ofaircraft.

2. This Regulation shall not apply when products, parts,appliances, personnel and organisations referred to in para-graph 1 are engaged in military, customs, police, or similarservices. The Member States shall undertake to ensure that suchservices have due regard as far as practicable to the objectives ofthis Regulation.

Article 2

Objectives

1. The principal objective of this Regulation is to establish andmaintain a high uniform level of civil aviation safety in Europe.

2. Additional objectives are, in the fields covered by thisRegulation, as follows:

(a) to ensure a high uniform level of environmental protection;

(b) to facilitate the free movement of goods, persons andservices;

(c) to promote cost-efficiency in the regulatory and certifica-tion processes and to avoid duplication at national andEuropean level;

(d) to assist Member States in fulfilling their obligations underthe Chicago Convention, by providing a basis for acommon interpretation and uniform implementation ofits provisions, and by ensuring that its provisions are dulytaken into account in this Regulation and in the rules drawnup for its implementation;

(e) to promote Community views regarding civil aviationsafety standards and rules throughout the world byestablishing appropriate cooperation with third countriesand international organisations;

(f) to provide a level playing field for all actors in the internalaviation market.

3. The means of achieving the objectives set out in paragraphs 1and 2 shall be:

(a) the preparation, adoption and uniform application of allnecessary acts;

(b) the recognition, without additional requirements, ofcertificates, licences, approvals or other documents grantedto products, personnel and organisations in accordancewith this Regulation and its implementing rules;

(c) the establishment of an independent European AviationSafety Agency (hereinafter referred to as the Agency);

(d) the uniform implementation of all necessary acts by thenational aviation authorities and the Agency within theirrespective areas of responsibility.

Article 3

Definitions

For the purposes of this Regulation:

(a) continuing oversight shall mean the tasks to be conductedto verify that the conditions under which a certificate hasbeen granted continue to be fulfilled at any time during itsperiod of validity, as well as the taking of any safeguardmeasure;

(b) Chicago Convention shall mean the Convention onInternational Civil Aviation and its Annexes, signed inChicago on 7 December 1944;


(c) product shall mean an aircraft, engine or propeller;

(d) parts and appliances shall mean any instrument, equip-ment, mechanism, part, apparatus, appurtenance oraccessory, including communications equipment, that isused or intended to be used in operating or controlling anaircraft in flight and is installed in or attached to theaircraft. It shall include parts of an airframe, engine orpropeller;

(e) certification shall mean any form of recognition that aproduct, part or appliance, organisation or person complieswith the applicable requirements including the provisionsof this Regulation and its implementing rules, as well as theissuance of the relevant certificate attesting such compli-ance;

(f) qualified entity shall mean a body which may be allocateda specific certification task by, and under the control andthe responsibility of, the Agency or a national aviationauthority;

(g) certificate shall mean any approval, licence or otherdocument issued as the result of certification;

(h) operator shall mean any legal or natural person, operatingor proposing to operate one or more aircraft;

(i) commercial operation shall mean any operation of anaircraft, in return for remuneration or other valuableconsideration, which is available to the public or, when notmade available to the public, which is performed under acontract between an operator and a customer, where thelatter has no control over the operator;

(j) complex motor-powered aircraft shall mean:

(i) an aeroplane:

with a maximum certificated take-off massexceeding 5 700 kg, or

certificated for a maximum passenger seatingconfiguration of more than nineteen, or

certificated for operation with a minimum crewof at least two pilots, or

equipped with (a) turbojet engine(s) or morethan one turboprop engine, or

(ii) a helicopter certificated:

for a maximum take-off mass exceeding3 175 kg, or

for a maximum passenger seating configurationof more than nine, or

for operation with a minimum crew of at leasttwo pilots, or

(iii) a tilt rotor aircraft;

(k) flight simulation training device shall mean any type ofdevice in which flight conditions are simulated on theground; they include flight simulators, flight trainingdevices, flight and navigation procedures trainers and basicinstrument training devices;

(l) rating shall mean a statement entered on a licence, settingforth privileges, special conditions or limitations pertainingthereto.

CHAPTER II

SUBSTANTIVE REQUIREMENTS

Article 4

Basic principles and applicability

1. Aircraft, including any installed product, part and appliance,which are:

(a) designed or manufactured by an organisation for which theAgency or a Member State ensures safety oversight; or

(b) registered in a Member State, unless their regulatory safetyoversight has been delegated to a third country and they arenot used by a Community operator; or

(c) registered in a third country and used by an operator forwhich any Member State ensures oversight of operations orused into, within or out of the Community by an operatorestablished or residing in the Community; or

(d) registered in a third country, or registered in a MemberState which has delegated their regulatory safety oversightto a third country, and used by a third-country operatorinto, within or out of the Community

shall comply with this Regulation.

2. Personnel involved in the operations of aircraft referred to inparagraph 1(b), (c) or (d) shall comply with this Regulation.

3. Operations of aircraft referred to in paragraph 1(b), (c) or (d)shall comply with this Regulation.

4. Paragraph 1 shall not apply to aircraft referred to inAnnex II.

L 79/6 EN Official Journal of the European Union 19.3.2008

5. Paragraphs 2 and 3 shall not apply to aircraft referred to inAnnex II, with the exception of aircraft referred to inpoints (a)(ii), (d) and (h) thereof when used for commercial airtransportation.

6. This Regulation shall not affect the rights of third countriesas specified in international conventions, in particular theChicago Convention.

Article 5

Airworthiness

1. Aircraft referred to in Article 4(1)(a), (b) and (c) shall complywith the essential requirements for airworthiness laid down inAnnex I.

2. Compliance of aircraft referred to in Article 4(1)(b), and ofproducts, parts and appliances mounted thereon shall beestablished in accordance with the following:

(a) products shall have a type-certificate. The type-certificate,and certification of changes to that type-certificate,including supplemental type-certificates, shall be issuedwhen the applicant has shown that the product complieswith a type-certification basis as specified in Article 20,established to ensure compliance with the essentialrequirements referred to in paragraph 1, and when it hasno feature or characteristic making it unsafe for operation.The type-certificate shall cover the product, including allparts and appliances fitted thereon;

(b) parts and appliances may be issued with specific certificateswhen they are shown to comply with detailed airworthinessspecifications established to ensure compliance with theessential requirements referred to in paragraph 1;

(c) each aircraft shall be issued with an individual certificate ofairworthiness when it is shown that it conforms with thetype design approved in its type-certificate and that relevantdocumentation, inspections and tests demonstrate that theaircraft is in condition for safe operation. This certificate ofairworthiness shall remain valid as long as it is notsuspended, revoked or terminated and as long as theaircraft is maintained in accordance with the essentialrequirements related to continuing airworthiness set out inpoint 1.d of Annex I and the measures referred to inparagraph 5;

(d) organisations responsible for the maintenance of products,parts and appliances shall demonstrate their capability andmeans to discharge the responsibilities associated with theirprivileges. Unless otherwise accepted these capabilities and

means shall be recognised through the issuance of anorganisation approval. The privileges granted to theapproved organisation and the scope of the approval shallbe specified in the terms of approval;

(e) organisations responsible for the design and manufacture ofproducts, parts and appliances shall demonstrate theircapability and means to discharge the responsibilitiesassociated with their privileges. Unless otherwise acceptedthese capabilities and means shall be recognised throughthe issuance of an organisation approval. The privilegesgranted to the approved organisation and the scope of theapproval shall be specified in the terms of approval;

in addition:

(f) personnel responsible for the release of a product, part orappliance after maintenance may be required to hold anappropriate certificate (personnel certificate);

(g) the capability of maintenance training organisations todischarge the responsibilities associated with their privilegesin relation to the issuance of the certificates referred to inpoint (f) may be recognised by the issuance of an approval.

3. Aircraft referred to in Article 4(1)(a) and products, parts andappliances mounted thereon shall comply with paragraph 2(a),(b) and (e) of this Article.

4. By way of derogation from paragraphs 1 and 2:

(a) a permit to fly may be issued when it is shown that theaircraft is capable of performing safely a basic flight. It shallbe issued with appropriate limitations, in particular toprotect third parties' safety;

(b) a restricted certificate of airworthiness may be issued toaircraft for which a type certificate has not been issuedaccording to paragraph 2(a). In this case, the aircraft shallbe shown to comply with specific airworthiness specifica-tions and deviations from the essential requirementsreferred to in paragraph 1 shall nevertheless ensureadequate safety with regard to the purpose. Aircraft eligiblefor these restricted certificates, and limitations for use ofthese aircraft, shall be defined according to the measuresreferred to in paragraph 5;

(c) when the number of aircraft of the same type eligible for arestricted certificate of airworthiness so justifies, a restrictedtype certificate may be issued and an appropriate typecertification basis shall be established.


broaden the scope of this Regulation, be adopted in accordancewith the regulatory procedure with scrutiny referred to inArticle 65(5).

3. The measures designed to amend non-essential elements ofthe requirements referred to in paragraph 1, by supplementingthem, shall, using as necessary the content of the Appendicesreferred to in paragraph 1, be adopted in accordance with theregulatory procedure with scrutiny referred to in Article 65(5).

Article 7

Pilots

1. Pilots involved in the operation of aircraft referred to inArticle 4(1)(b) and (c), as well as flight simulation trainingdevices, persons and organisations involved in the training,testing, checking or medical assessment of these pilots, shallcomply with the relevant essential requirements laid down inAnnex III.

2. Except when under training, a person may only act as a pilotif he or she holds a licence and a medical certificate appropriateto the operation to be performed.

A person shall only be issued a licence when he or she complieswith the rules established to ensure compliance with the essentialrequirements on theoretical knowledge, practical skill, languageproficiency and experience as set out in Annex III.

A person shall only be issued a medical certificate when he orshe complies with the rules established to ensure compliancewith the essential requirements on medical fitness as set out inAnnex III. This medical certificate may be issued by aero-medicalexaminers or by aero-medical centres.

Notwithstanding the third subparagraph, in the case of a leisurepilot licence a general medical practitioner who has sufficientdetailed knowledge of the applicant's medical background may, ifso permitted under national law, act as an aero-medicalexaminer, in accordance with detailed implementing rulesadopted pursuant to the procedure referred to in Article 65(3);these implementing rules shall ensure that the level of safety ismaintained.

The privileges granted to the pilot and the scope of the licenceand the medical certificate shall be specified in such licence andcertificate.

The requirements of the second and third subparagraphs may besatisfied by the acceptance of licences and medical certificatesissued by or on behalf of a third country as far as pilots involvedin the operation of aircraft referred to in Article 4(1)(c) areconcerned.

3. The capability of pilot training organisations and of aero-medical centres to discharge the responsibilities associated with

their privileges in relation to the issuance of licenses and medicalcertificates shall be recognised by the issuance of an approval.

Pilot training organisations or aero-medical centres shall beissued an approval when they comply with the rules establishedto ensure compliance with the relevant essential requirements aslaid down in Annex III.

The privileges granted by the approvals shall be specifiedthereon.

4. A flight simulation training device used for the training ofpilots shall be the subject of a certificate. This certificate shall beissued when it is shown that the device complies with the rulesestablished to ensure compliance with the relevant essentialrequirements as laid down in Annex III.

5. Persons responsible for providing flight training or flightsimulation training, or for assessing pilots' skill, and aero-medicalexaminers shall hold an appropriate certificate. Such certificateshall be issued when it is shown that the person concernedcomplies with the rules established to ensure compliance withthe relevant essential requirements as laid down in Annex III.

The privileges granted by the certificate shall be specified therein.

6. The measures designed to amend non-essential elements ofthis Article by supplementing it, shall be adopted in accordancewith the regulatory procedure with scrutiny referred to inArticle 65(4). Those measures shall specify in particular:

(a) the different ratings for pilots' licences and the medicalcertificates adequate for the different types of activitiesperformed;

(b) the conditions for issuing, maintaining, amending, limiting,suspending or revoking licences, ratings for licences,medical certificates, approvals and certificates referred toin paragraphs 2, 3, 4 and 5, and the conditions underwhich such certificates and approvals need not berequested;

(c) the privileges and responsibilities of the holders of licences,ratings for licences, medical certificates, approvals andcertificates referred to in paragraphs 2, 3, 4 and 5;

(d) the conditions for the conversion of existing national pilots'licences and of national flight engineers' licences into pilots'licences as well as the conditions for the conversion ofnational medical certificates into commonly recognisedmedical certificates;

(e) without prejudice to the provisions of bilateral agreementsconcluded in accordance with Article 12, the conditions forthe acceptance of licences from third countries;


(f) how pilots of aircraft referred to in points (a)(ii), (d) and (f)of Annex II, when used for commercial air transportation,comply with the relevant essential requirements ofAnnex III.

7. When adopting the measures referred to in paragraph 6, theCommission shall take specific care that they reflect the state ofthe art, including best practices and scientific and technicalprogress, in the field of pilot training.

Such measures shall also include provisions for the issuance of alltypes of pilot licences and ratings required under the ChicagoConvention, and of a leisure pilot licence covering non-commercial activities involving aircraft with a maximumcertificated take off mass of 2 000 kg or less and which donot meet any of the criteria referred to in Article 3(j).

Article 8

Air operations

1. The operation of aircraft referred to in Article 4(1)(b) and (c)shall comply with the essential requirements laid down inAnnex IV.

2. Unless otherwise determined in the implementing rules,operators engaged in commercial operations shall demonstratetheir capability and means of discharging the responsibilitiesassociated with their privileges. These capabilities and meansshall be recognised through the issuance of a certificate. Theprivileges granted to the operator and the scope of the operationsshall be specified in the certificate.

3. Unless otherwise determined in the implementing rules,operators engaged in the non-commercial operation of complexmotor-powered aircraft shall declare their capability and meansof discharging the responsibilities associated with the operationof that aircraft.

4. Cabin crew involved in the operation of aircraft referred toin Article 4(1)(b) and (c) shall comply with the essentialrequirements laid down in Annex IV. Those involved incommercial operations shall hold an attestation as initially setout in Annex III, Subpart O, point (d) of OPS 1 1005 as set outin Regulation (EC) No 1899/2006 of the European Parliamentand of the Council of 12 December 2006 amending CouncilRegulation (EEC) No 3922/91 (1); at the discretion of theMember State, such attestation may be issued by approvedoperators or training organisations.

5. The measures designed to amend non-essential elements ofthis Article, by supplementing it, shall be adopted in accordancewith the regulatory procedure with scrutiny referred to inArticle 65(4). Those measures shall specify in particular:

(a) conditions to operate an aircraft in compliance with theessential requirements laid down in Annex IV;

(b) conditions for issuing, maintaining, amending, limiting,suspending or revoking the certificates referred to inparagraph 2 and the conditions under which a certificateshall be replaced by a declaration of the capability andmeans of the operator to discharge the responsibilitiesassociated with the operation of the aircraft;

(c) privileges and responsibilities of the holders of certificates;

(d) conditions and procedures for the declaration by, and forthe oversight of, operators referred to in paragraph 3 andthe conditions under which a declaration shall be replacedby a demonstration of capability and means to dischargethe responsibilities associated with the privileges of theoperator recognised by the issuance of a certificate;

(e) conditions for issuing, maintaining, amending, limiting,suspending or revoking the cabin crew attestation referredto in paragraph 4;

(f) conditions under which operations shall be prohibited,limited or subject to certain conditions in the interest ofsafety;

(g) how operations of aircraft referred to in points (a)(ii), (d)and (h) of Annex II, when used for commercial airtransportation, comply with the relevant essential require-ments of Annex IV.

6. The measures referred to in paragraph 5 shall:

reflect the state of the art and the best practices in the fieldof air operations,

define different types of operations and allow for relatedrequirements and compliance demonstrations proportion-ate to the complexity of operations and the risk involved,

take into account worldwide aircraft experience in service,and scientific and technical progress,

with regard to commercial transportation by aeroplane, andwithout prejudice to the previous indent, be developedinitially on the basis of the common technical requirementsand administrative procedures specified in Annex III toRegulation (EEC) No 3922/91,

be based on a risk assessment and shall be proportional tothe scale and scope of the operation,

allow for immediate reaction to established causes ofaccidents and serious incidents,


(1) OJ L 377, 27.12.2006, p. 1.

ANNEX II

Aircraft referred to in Article 4(4)

Article 4(1), (2) and (3) do not apply to aircraft falling in one or more of the categories set out below:

(a) historic aircraft meeting the criteria below:

(i) non-complex aircraft whose:

initial design was established before 1 January 1955, and

production has been stopped before 1 January 1975;

or

(ii) aircraft having a clear historical relevance, related to:

a participation in a noteworthy historical event, or

a major step in the development of aviation, or

a major role played into the armed forces of a Member State;

(b) aircraft specifically designed or modified for research, experimental or scientific purposes, and likely to be produced invery limited numbers;

(c) aircraft of which at least 51 % is built by an amateur, or a non-profit making association of amateurs, for their ownpurposes and without any commercial objective;

(d) aircraft that have been in the service of military forces, unless the aircraft is of a type for which a design standard hasbeen adopted by the Agency;

(e) aeroplanes, helicopters and powered parachutes having no more than two seats, a maximum take-off mass (MTOM),as recorded by the Member States, of no more than:

(i) 300 kg for a land plane/helicopter, single-seater; or

(ii) 450 kg for a land plane/helicopter, two-seater; or

(iii) 330 kg for an amphibian or floatplane/helicopter single-seater; or

(iv) 495 kg for an amphibian or floatplane/helicopter two-seater, provided that, where operating both as afloatplane/helicopter and as a land plane/helicopter, it falls below both MTOM limits, as appropriate;

(v) 472,5 kg for a land plane, two-seater equipped with an airframe mounted total recovery parachute system;

(vi) 315 kg for a land plane single-seater equipped with an airframe mounted total recovery parachute system;

and, for aeroplanes, having the stall speed or the minimum steady flight speed in landing configuration not exceeding35 knots calibrated air speed (CAS);

(f) single and two-seater gyroplanes with a maximum take off mass not exceeding 560 kg;

(g) gliders with a maximum empty mass, of no more than 80 kg when single-seater or 100 kg when two-seater, includingthose which are foot launched;


(h) replicas of aircraft meeting the criteria of (a) or (d) above, for which the structural design is similar to the originalaircraft;

(i) unmanned aircraft with an operating mass of no more than 150 kg;

(j) any other aircraft which has a maximum empty mass, including fuel, of no more than 70 kg.


ANNEX III

Essential requirements for pilot licensing referred to in Article 7

1. Training

1.a. G e n e r a l

1.a.1. A person undertaking training to fly an aircraft must be sufficiently mature educationally, physically and mentallyto acquire, retain and demonstrate the relevant theoretical knowledge and practical skill.

1.b. T h e o r e t i c a l k n ow l e d g e

1.b.1. A pilot must acquire and maintain a level of knowledge appropriate to the functions exercised on the aircraft andproportionate to the risks associated to the type of activity. Such knowledge must include at least the following:

(i) air law;

(ii) aircraft general knowledge;

(iii) technical matters related to the category of the aircraft;

(iv) flight performance and planning;

(v) human performance and limitations;

(vi) meteorology;

(vii) navigation;

(viii) operational procedures, including resource management;

(ix) principles of flight;

(x) communications; and

(xi) non-technical skills, including the recognition and management of threats and errors.

1.c. D emon s t r a t i o n a n d ma i n t e n a n c e o f t h e o r e t i c a l k n ow l e d g e

1.c.1. The acquisition and retention of theoretical knowledge must be demonstrated by continuous assessment duringtraining, and where appropriate, by examinations.

1.c.2. An appropriate level of competence in theoretical knowledge must be maintained. Compliance must bedemonstrated by regular assessments, examinations, tests or checks. The frequency of examinations, tests or checksmust be proportionate to the level of risk associated with the activity.

1.d. P r a c t i c a l s k i l l

1.d.1. A pilot must acquire and maintain the practical skills as appropriate to exercise his/her functions on the aircraft.Such skills must be proportionate to the risks associated to the type of activity and must cover, if appropriate to thefunctions exercised on the aircraft, the following:

(i) pre-flight and in-flight activities, including aircraft performance, mass and balance determination, aircraftinspection and servicing, fuel planning, weather appreciation, route planning, airspace restrictions andrunway availability;

(ii) aerodrome and traffic-pattern operations;


(iii) collision avoidance precautions and procedures;

(iv) control of the aircraft by external visual reference;

(v) flight manoeuvres, including in critical situations, and associated upset manoeuvres, as technicallyachievable;

(vi) normal and cross-wind take-offs and landings;

(vii) flight by reference solely to instruments, as appropriate to the type of activity;

(viii) operational procedures, including team skills and resource management, as appropriate to the type ofoperation, whether single or multi-crew;

(ix) navigation and implementation of rules of the air and related procedures, using as appropriate, visualreference or navigation aids;

(x) abnormal and emergency operations, including simulated aircraft equipment malfunctions;

(xi) compliance with air traffic services and communications procedures;

(xii) aircraft type or class specific aspects;

(xiii) additional practical skill training that may be required to mitigate risks associated with specific activities; and

(xiv) non-technical skills, including the recognition and management of threats and errors, using an adequateassessment methodology in conjunction with the technical skills assessment.

1.e. D emon s t r a t i o n a n d ma i n t e n a n c e o f p r a c t i c a l s k i l l

1.e.1. A pilot must demonstrate the ability to perform the procedures and manoeuvres with a degree of competenceappropriate to the functions exercised on the aircraft, by:

(i) operating the aircraft within its limitations;

(ii) completing all manoeuvres with smoothness and accuracy;

(iii) exercising good judgement and airmanship;

(iv) applying aeronautical knowledge;

(v) maintaining control of the aircraft at all times in a manner such that the successful outcome of a procedureor manoeuvre is assured; and

(vi) non-technical skills, including the recognition and management of threats and errors, using an adequateassessment methodology in conjunction with the technical skills assessment.

1.e.2. An appropriate level of competence in practical skill must be maintained. Compliance must be demonstrated byregular assessments, examinations, tests or checks. The frequency of examinations, tests or checks must beproportionate to the level of risk associated with the activity.

1.f. L a n g u a g e P r o f i c i e n c y

A pilot must have demonstrated language proficiency to a degree appropriate to the functions exercised on theaircraft. Such demonstrated proficiency shall include:

(i) the ability to understand weather information documents;


(ii) the use of aeronautical en-route, departure and approach charts and associated aeronautical informationdocuments; and

(iii) the ability to communicate with other flight crew and air navigation services during all phases of flight,including flight preparation.

1.g. F l i g h t s imu l a t i o n t r a i n i n g d e v i c e s

When a flight simulation training device (FSTD) is used for training, or for demonstration that practical skill isacquired or maintained, this FSTD must be qualified to a given level of performance in those areas, which arerelevant to completing the related task. In particular, the replication of configuration, handling qualities, aircraftperformance, and systems behaviour must adequately represent the aircraft.

1.h. Tr a i n i n g c o u r s e

1.h.1. Training must be executed through a training course.

1.h.2. A training course must meet the following conditions:

(i) a syllabus must be developed for each type of course; and

(ii) the training course must comprise a breakdown of theoretical knowledge and practical flight instruction(including synthetic training), if applicable.

1.i. I n s t r u c t o r s

1.i.1. Theoretical instruction

Theoretical instruction must be given by appropriately qualified instructors. They must:

(i) have appropriate knowledge in the field where instruction is to be given; and

(ii) be capable of using appropriate instructional techniques.

1.i.2. Flight and flight simulation instruction

Flight and flight simulation instruction must be given by appropriately qualified instructors, who have thefollowing qualifications:

(i) meet the theoretical knowledge and the experience requirements appropriate for the instruction being given;

(ii) be capable of using appropriate instructional techniques;

(iii) have practised instructional techniques in those flight manoeuvres and procedures in which it is intended toprovide flight instruction;

(iv) have demonstrated the ability to instruct in those areas in which flight instruction is to be given, includingpre-flight, post-flight and ground instruction; and

(v) receive regular refresher training to ensure that the instructional standards are maintained up to date.

Flight instructors must also be entitled to act as pilot in command on the aircraft for which instruction is beinggiven, except for training on new aircraft types.

1.j. E x am i n e r s

1.j.1. Persons responsible for assessing the skill of pilots must:

(i) meet the requirements for flight or flight simulation instructors;


(ii) be capable of assessing pilot performance and conducting flight tests and checks.

2. Experience requirements

2.a.1. A person acting as flight crew member, instructor or examiner must acquire and maintain sufficient experience forthe functions being exercised, unless the implementing rules provide for competence to be demonstrated inaccordance with point 1.e.

3. Training organisations

3.a. Tr a i n i n g o r g a n i s a t i o n r e q u i r em en t s

3.a.1. A training organisation providing pilot training must meet the following requirements:

(i) have all the means necessary for the scope of responsibilities associated with their activity. These meanscomprise, but are not limited to, the following: facilities, personnel, equipment, tools and material,documentation of tasks, responsibilities and procedures, access to relevant data and record-keeping;

(ii) implement and maintain a management system relating to safety and the standard of training, and aim forcontinuous improvement of this system; and

(iii) establish arrangements with other relevant organisations, as necessary, to ensure continuing compliancewith the above requirements.

4. Medical fitness

4.a. M e d i c a l c r i t e r i a

4.a.1. All pilots must periodically demonstrate medical fitness to satisfactorily execute their functions, taking intoaccount the type of activity. Compliance must be shown by appropriate assessment based on aero-medical bestpractice, taking into account the type of activity and the possible mental and physical degradation due to age.

Medical fitness, comprising physical and mental fitness, means not suffering from any disease or disability, whichmakes the pilot unable:

(i) to execute the tasks necessary to operate an aircraft; or

(ii) to perform assigned duties at any time; or

(iii) to perceive correctly his/her environment.

4.a.2. Where medical fitness cannot be fully demonstrated, mitigation measures that provide equivalent flight safety maybe implemented.

4.b. A e r o -m e d i c a l e x am i n e r s

4.b.1. An aero-medical examiner must:

(i) be qualified and licensed in the practice of medicine;

(ii) have received training in aviation medicine and regular refresher training in aviation medicine to ensure thatassessment standards are maintained;

(iii) have acquired practical knowledge and experience of the conditions in which pilots carry out their duties.


4.c. A e r o -m e d i c a l c e n t r e s

4.c.1. Aero-medical centres must meet the following conditions:

(i) have all the means necessary for the scope of responsibilities associated with their privileges. These meanscomprise, but are not limited to, the following: facilities, personnel, equipment, tools and material,documentation of tasks, responsibilities and procedures, access to relevant data and record-keeping;

(ii) implement and maintain a management system relating to safety and the standard of medical assessment,and aim for continuous improvement of this system;

(iii) establish arrangements with other relevant organisations, as necessary, to ensure continuing compliancewith these requirements.


ANNEX IV

Essential requirements for air operations referred to in Article 8

1. General

1.a. A flight must not be performed if the crew members and, as appropriate, all other operations personnel involvedin its preparation and execution are not familiar with applicable laws, regulations and procedures, pertinent to theperformance of their duties, prescribed for the areas to be traversed, the aerodromes planned to be used and the airnavigation facilities relating thereto.

1.b. A flight must be performed in such a way that the operating procedures specified in the Flight Manual or, whererequired the Operations Manual, for the preparation and execution of the flight are followed. To facilitate this, achecklist system must be available for use, as applicable, by crew members in all phases of operation of the aircraftunder normal, abnormal and emergency conditions and situations. Procedures must be established for anyreasonably foreseeable emergency situation.

1.c. Before every flight, the roles and duties of each crew member must be defined. The pilot in command must beresponsible for the operation and safety of the aircraft and for the safety of all crew members, passengers and cargoon board.

1.d. Articles or substances, which are capable of posing a significant risk to health, safety, property or the environment,such as dangerous goods, weapons and ammunition, must not be carried on any aircraft, unless specific safetyprocedures and instructions are applied to mitigate the related risks.

1.e. All necessary data, documents, records and information to record the respect of the conditions specified in point5.c must be retained for each flight and kept available for a minimum period of time compatible with the type ofoperation.

2. Flight preparation

2.a. A flight must not be commenced unless it has been ascertained by every reasonable means available that all thefollowing conditions are complied with:

2.a.1. Adequate facilities directly required for the flight and for the safe operation of the aircraft, includingcommunication facilities and navigation aids, are available for the execution of the flight, taking into accountavailable Aeronautical Information Services documentation.

2.a.2. The crew must be familiar with and passengers informed of the location and use of relevant emergency equipment.Sufficient related information regarding emergency procedures and use of cabin safety equipment must be madeavailable to crew and passengers using specified information.

2.a.3. The pilot in command must be satisfied that:

(i) the aircraft is airworthy as specified in point 6;

(ii) if required, the aircraft is duly registered and that appropriate certificates with respect thereto are aboard theaircraft;

(iii) instruments and equipment as specified in point 5 required for the execution of that flight are installed in theaircraft and are operative, unless waived by the applicable Minimum Equipment List (MEL) or equivalentdocument;

(iv) the mass of the aircraft and centre of gravity location are such that the flight can be conducted within limitsprescribed in the airworthiness documentation;

(v) all cabin baggage, hold luggage and cargo is properly loaded and secured; and


(vi) the aircraft operating limitations as specified in point 4 will not be exceeded at any time during the flight.

2.a.4. Information regarding meteorological conditions for departure, destination and, where applicable, alternateaerodromes, as well as en-route conditions, must be available to the flight crew. Special attention must be given topotentially hazardous atmospheric conditions.

2.a.5. In case of flight into known or expected icing conditions, the aircraft must be certified, equipped and/or treated tooperate safely in such conditions.

2.a.6. For a flight based on visual flight rules, meteorological conditions along the route to be flown must be such as torender compliance with these flight rules possible. For a flight based on instrument flight rules a destination andwhere applicable alternate aerodrome(s) where the aircraft can land must be selected, taking into account inparticular the forecasted meteorological conditions, the availability of air navigation services, the availability ofground facilities and the instrument flight procedures approved by the State in which the destination and/oralternate aerodrome is located.

2.a.7. The amount of fuel and oil on board must be sufficient to ensure that the intended flight can be completed safely,taking into account the meteorological conditions, any element affecting the performance of the aircraft and anydelays that are expected in flight. In addition, a fuel reserve must be carried to provide for contingencies.Procedures for in-flight fuel management must be established when relevant.

3. Flight operations

3.a. With regard to flight operations, all the following conditions must be complied with:

3.a.1. where relevant for the type of aircraft, during take-off and landing, and whenever deemed necessary by the pilot incommand in the interest of safety, each crew member must be seated at their crew station and must use theprovided restraint systems, taking into account the type of aircraft;

3.a.2. where relevant for the type of aircraft, all flight crew members required to be on flight deck duty must be andremain at their station, with their seatbelts fastened except en-route for physiological or operational needs;

3.a.3. where relevant for the type of aircraft and the type of operation, before take-off and landing, during taxiing andwhenever deemed necessary in the interest of safety, the pilot in command must ensure that each passenger isproperly seated and secured;

3.a.4. a flight must be performed in such a way that appropriate separation from other aircraft is maintained and thatadequate obstacle clearance is ensured, during all phases of the flight. Such separation must at least be thoserequired by the applicable rules of the air;

3.a.5. a flight must not be continued unless known conditions continue to be at least equivalent to those in point 2.Furthermore, for a flight based on instrument flight rules, an approach toward an aerodrome must not becontinued below certain specified heights or beyond a certain position, if prescribed visibility criteria are not met;

3.a.6. in an emergency, the pilot in command must ensure that all passengers are instructed in such emergency action asmay be appropriate to the circumstances;

3.a.7. a pilot in command must take all necessary measures so as to minimise the consequences on the flight ofdisruptive passenger behaviour;

3.a.8. an aircraft must not be taxied on the movement area of an aerodrome, or its rotor must not be turned underpower, unless the person at the controls is appropriately competent;

3.a.9. the applicable in-flight fuel management procedures must be used, when relevant.


4. Aircraft performance and operating limitations

4.a. An aircraft must be operated in accordance with its airworthiness documentation and all related operatingprocedures and limitations as expressed in its approved flight manual or equivalent documentation, as the casemay be. The flight manual or equivalent documentation must be available to the crew and kept up to date for eachaircraft.

4.b. The aircraft must be operated in accordance with the applicable environmental documentation.

4.c. A flight must not be commenced or continued unless the aircraft's scheduled performance, considering all factorswhich significantly affect its performance level, allows all phases of flight to be executed within the applicabledistances/areas and obstacle clearances at the planned operating mass. Performance factors which significantlyaffect take-off, en-route and approach/landing are, particularly:

(i) operating procedures;

(ii) pressure altitude of the aerodrome;

(iii) temperature;

(iv) wind;

(v) size, slope and condition of the take-off/landing area; and

(vi) the condition of the airframe, the power plant or the systems, taking into account possible deterioration.

4.c.1. Such factors must be taken into account directly as operational parameters or indirectly by means of allowances ormargins, which may be provided in the scheduling of performance data, as appropriate to the type of operation.

5. Instruments, data and equipment

5.a. An aircraft must be equipped with all navigation, communication and other equipment necessary for the intendedflight, taking account of air traffic regulations and rules of the air applicable during any phase of the flight.

5.b. When relevant, an aircraft must be equipped with all necessary safety, medical, evacuation and survival equipment,taking account of the risks associated to the areas of operation, the routes to be flown, the flight altitude and theduration of the flight.

5.c. All data necessary for the execution of the flight by the crew must be updated and available on board the aircrafttaking account of applicable air traffic regulations, rules of the air, flight altitudes and areas of operation.

6. Continuing airworthiness

6.a. The aircraft must not be operated unless:

(i) the aircraft is in an airworthy condition;

(ii) the operational and emergency equipment necessary for the intended flight is serviceable;

(iii) the airworthiness document of the aircraft is valid; and

(iv) the maintenance of the aircraft is performed in accordance with its maintenance programme.

6.b. Before each flight or consistent series of consecutive flights, the aircraft must be inspected, through a pre-flightcheck, to determine whether it is fit for the intended flight.


6.c. The maintenance programme must contain in particular, maintenance tasks and intervals, especially those thathave been specified as mandatory in the instructions for continuing airworthiness.

6.d. The aircraft must not be operated unless it is released to service by qualified persons or organisations, aftermaintenance. The signed release to service must contain in particular, the basic details of the maintenance carriedout.

6.e. All records demonstrating the airworthiness of the aircraft must be kept until the information contained has beensuperseded by new information equivalent in scope and detail but not less than 24 months in the case of detailedmaintenance records. When the aircraft is leased, all records demonstrating the airworthiness of the aircraft mustbe kept at least for the length of the lease.

6.f. All modifications and repairs must comply with the essential requirements for airworthiness. The substantiatingdata supporting compliance with the airworthiness requirements must be retained.

7. Crew members

7.a. The number and composition of the crew must be determined taking into account:

(i) the certification limitations of the aircraft, including if applicable, the relevant emergency evacuationdemonstration;

(ii) the aircraft configuration; and

(iii) the type and duration of operations.

7.b. Cabin crew members must:

(i) be trained and checked on a regular basis to attain and maintain an adequate level of competency in order toperform their assigned safety duties; and

(ii) be periodically assessed for medical fitness to safely exercise their assigned safety duties. Compliance must beshown by appropriate assessment based on aero-medical best practice.

7.c. The pilot in command must have the authority to give all commands and take any appropriate actions for thepurpose of securing the operation and the safety of the aircraft and of persons and/or property carried therein.

7.d. In an emergency situation, which endangers the operation or the safety of the aircraft and/or persons on board, thepilot in command must take any action he/she considers necessary in the interest of safety. When such actioninvolves a violation of local regulations or procedures, the pilot in command must be responsible for notifying theappropriate local authority without delay.

7.e. Emergency abnormal situations must not be simulated when passengers or cargo are being carried.

7.f. No crew member must allow their task achievement/decision making to deteriorate to the extent that flight safetyis endangered because of the effects of fatigue, taking into account, inter alia, fatigue accumulation, sleepdeprivation, number of sectors flown, night duties or time zone changes. Rest periods must provide sufficient timeto enable crew members to overcome the effects of the previous duties and to be well rested by the start of thefollowing flight duty period.

7.g. A crew member must not perform allocated duties on board an aircraft when under the influence of psychoactivesubstances or alcohol or when unfit due to injury, fatigue, medication, sickness or other similar causes.


II

(Non-legislative acts)

REGULATIONS

COMMISSION REGULATION (EU) No 1178/2011

of 3 November 2011

laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Articles 7(6), 8(5) and 10(5) thereof,

Whereas:

(1) Regulation (EC) No 216/2008 aims at establishing and maintaining a high uniform level of civil aviation safety in Europe. That Regulation provides for the means of achieving that objective and other objectives in the field of civil aviation safety.

(2) Pilots involved in the operation of certain aircraft, as well as flight simulation training devices, persons and organisations involved in training, testing or checking of those pilots, have to comply with the relevant essential requirements set out in Annex III to Regulation (EC) No 216/2008. According to that Regulation pilots as well as persons and organisations involved in their training should be certified once they have been found to comply with essential requirements.

(3) Similarly, pilots should be issued with a medical certificate and aero-medical examiners, responsible for assessing the medical fitness of pilots, should be certified once they have been found to comply with

the relevant essential requirements. However, Regulation (EC) No 216/2008 envisages the possibility of general medical practitioners to act as aero-medical examiners under certain conditions and if permitted under national law.

(4) Cabin crew involved in the operation of certain aircraft have to comply with the relevant essential requirements set out in Annex IV to Regulation (EC) No 216/2008. According to that Regulation, cabin crew should be periodically assessed for medical fitness to safely exercise their assigned safety duties. Compliance must be shown by an appropriate assessment based on aero-medical best practice.

(5) Regulation (EC) No 216/2008 requires the Commission to adopt the necessary implementing rules for establishing the conditions for certifying pilots as well as persons involved in their training, testing or checking, for the attestation of cabin crew members and for the assessment of their medical fitness.

(6) The requirements and procedures for the conversion of national pilot licences and national flight engineer licences into pilot licences should be laid down, to ensure that they are allowed to perform their activities under harmonised conditions; flight test qualifications should also be converted in accordance with this Regulation.

(7) It should be possible for Member States to accept licences issued by third countries where a level of safety equivalent to that specified by Regulation (EC) No 216/2008 can be guaranteed; Conditions for the acceptance of licences issued by third countries should be laid down.

EN25.11.2011 Official Journal of the European Union L 311/1

(1) OJ L 79, 19.3.2008, p. 1.

(8) In order to ensure that training commenced before the application of this Regulation may be taken into account for the purposes of obtaining pilots licences, the conditions for recognising training already completed should be laid down; the conditions for recognising military licences should also be laid down.

(9) It is necessary to provide sufficient time for the aeronautical industry and Member State administrations to adapt to the new regulatory framework, to allow Member States the time to issue specific types of pilot licences and medical certificates not covered by the JAR, and to recognise under certain conditions the validity of licences and certificates issued, as well as aero-medical assessment performed, before this Regulation applies.

(10) Council Directive 91/670/EEC of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation (1) is repealed in accordance with Article 69(2) of Regulation (EC) No 216/2008. The measures adopted by this Regulation are to be regarded as the corresponding measures.

(11) In order to ensure a smooth transition and a high uniform level of civil aviation safety in the Union, implementing measures should reflect the state of the art, including best practices, and scientific and technical progress in the field of pilot training and aircrew aero- medical fitness. Accordingly, technical requirements and administrative procedures agreed by the International Civil Aviation Organisation (ICAO) and the Joint Aviation Authorities until 30 June 2009 as well as existing legislation pertaining to a specific national environment, should be considered.

(12) The Agency prepared draft implementing rules and submitted them as an opinion to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.

(13) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down detailed rules for:

(1) different ratings for pilots licences, the conditions for issuing, maintaining, amending, limiting, suspending or revoking licences, the privileges and responsibilities of the holders of licences, the conditions for the conversion of

existing national pilots licences and of national flight engineers licences into pilots licences, as well as the conditions for the acceptance of licences from third countries;

(2) the certification of persons responsible for providing flight training or flight simulation training and for assessing pilots skills;

(3) different medical certificates for pilots, the conditions for issuing, maintaining, amending, limiting, suspending or revoking medical certificates, the privileges and responsibilities of the holders of medical certificates as well as the conditions for the conversion of national medical certificates into commonly recognised medical certificates;

(4) the certification of aero-medical examiners, as well as the conditions under which general medical practitioners may act as aero-medical examiners;

(5) the periodical aero-medical assessment of cabin crew members, as well as the qualification of persons responsible for this assessment.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1) Part-FCL licence means a flight crew licence which complies with the requirements of Annex I;

(2) JAR means joint aviation requirements adopted by the Joint Aviation Authorities as applicable on 30 June 2009;

(3) Light aircraft pilot licence (LAPL) means the leisure pilot licence referred to in Article 7 of Regulation (EC) No 216/2008;

(4) JAR-compliant licence means the pilot licence and attached ratings, certificates, authorisations and/or qualifications, issued or recognised, in accordance with the national legislation reflecting JAR and procedures, by a Member State having implemented the relevant JAR and having being recommended for mutual recognition within the Joint Aviation Authorities system in relation to such JAR;

(5) Non-JAR-compliant licence means the pilot licence issued or recognised by a Member State in accordance with national legislation and not having been recommended for mutual recognition in relation to the relevant JAR;

ENL 311/2 Official Journal of the European Union 25.11.2011

(1) OJ L 373, 31.12.1991, p. 21.

(6) Credit means the recognition of prior experience or qualifications;

(7) Credit report means a report on the basis of which prior experience or qualifications may be recognised;

(8) Conversion report means a report on the basis of which a licence may be converted into a Part-FCL licence;

(9) JAR-compliant pilots medical certificate and aero-medical examiners certificate means the certificate issued or recognised, in accordance with the national legislation reflecting JAR and procedures, by a Member State having implemented the relevant JAR and having been recommended for mutual recognition within the Joint Aviation Authorities system in relation to such JAR;

(10) Non-JAR-compliant pilots medical certificate and aero- medical examiners certificate means the certificate issued or recognised by a Member State in accordance with national legislation and not having been recommended for mutual recognition in relation to the relevant JAR.

Article 3

Pilot licensing and medical certification

Without prejudice to Article 7, pilots of aircraft referred to in Article 4(1)(b) and (c) and Article 4(5) of Regulation (EC) No 216/2008 shall comply with the technical requirements and administrative procedures laid down in Annex I and Annex IV to this Regulation.

Article 4

Existing national pilots licences

1. JAR-compliant licences issued or recognised by a Member State before 8 April 2012 shall be deemed to have been issued in accordance with this Regulation. Member States shall replace these licences with licences complying with the format laid down in Part-ARA by 8 April 2017 at the latest.

2. Non-JAR-compliant licences including any associated ratings, certificates, authorisations and/or qualifications issued or recognised by a Member State before the applicability of this Regulation shall be converted into Part-FCL licences by the Member State that issued the licence.

3. Non-JAR-compliant licences shall be converted into Part- FCL licences and associated ratings or certificates in accordance with:

(a) the provisions of Annex II; or

(b) the elements laid down in a conversion report.

4. The conversion report shall:

(a) be established by the Member State that issued the pilot licence in consultation with the European Aviation Safety Agency (the Agency);

(b) describe the national requirements on the basis of which the pilot licences were issued;

(c) describe the scope of the privileges that were given to the pilots;

(d) indicate for which requirements in Annex I credit is to be given;

(e) indicate any limitations that need to be included on the Part-FCL licences and any requirements the pilot has to comply with in order to remove those limitations.

5. The conversion report shall include copies of all documents necessary to demonstrate the elements set out in points (a) to (e) of paragraph 4, including copies of the relevant national requirements and procedures. When developing the conversion report, Member States shall aim at allowing pilots to, as far as possible, maintain their current scope of activities.

6. Notwithstanding paragraphs 1 and 3, holders of a class rating instructor certificate or an examiner certificate who have privileges for single-pilot high performance complex aircraft shall have those privileges converted into a type rating instructor certificate or an examiner certificate for single-pilot aeroplanes.

7. A Member State may authorise a student pilot to exercise limited privileges without supervision before he/she meets all the requirements necessary for the issuance of an LAPL under the following conditions:

(a) the privileges shall be limited to its national territory or a part of it;

(b) the privileges shall be restricted to a limited geographical area and to single-engine piston aeroplanes with a maximum take-off mass not exceeding 2 000 kg, and shall not include the carriage of passengers;

(c) those authorisations shall be issued on the basis of an individual safety risk assessment carried out by an instructor following a concept safety risk assessment carried out by the Member State;

(d) the Member State shall submit periodical reports to the Commission and the Agency every 3 years.


Article 5

Existing national pilots medical certificates and aero- medical examiners certificates

1. JAR-compliant pilots medical certificates and aero-medical examiners certificates issued or recognised by a Member State before this Regulation applies shall be deemed to have been issued in accordance with this Regulation.

2. Member States shall replace pilots medical certificates and aero-medical examiners certificates with certificates complying with the format laid down in Part-ARA by 8 April 2017 at the latest.

3. Non-JAR-compliant pilot medical certificates and aero- medical examiners certificates issued by a Member State before this Regulation applies shall remain valid until the date of their next revalidation or until 8 April 2017, whichever is the earlier.

4. The revalidation of the certificates referred to in paragraphs 1 and 2 shall comply with the provisions of Annex IV.

Article 6

Conversion of flight test qualifications

1. Pilots who before this Regulation applies conducted category 1 and 2 flight tests as defined in the Annex to Commission Regulation (EC) No 1702/2003 (1), or who provided instruction to flight test pilots, shall have their flight test qualifications converted into flight test ratings in accordance with Annex I to this Regulation and, where applicable, flight test instructor certificates by the Member State that issued the flight test qualifications.

2. This conversion shall be carried out in accordance with the elements established in a conversion report that complies with the requirements set out in Article 4(4) and (5).

Article 7

Existing national flight engineers licences

1. In order to convert flight engineer licences, issued in accordance with Annex 1 to the Chicago Convention, into Part-FCL licences, holders shall apply to the Member State that issued the licences.

2. Flight engineer licences shall be converted into Part-FCL licences in accordance with a conversion report that complies with the requirements set out in Article 4(4) and (5).

3. When applying for the airline transport pilot licence (ATPL) for aeroplanes, the provisions on credit in FCL.510.A(c)(2) of Annex I shall be complied with.

Article 8

Conditions for the acceptance of licences from third countries

1. Without prejudice to Article 12 of Regulation (EC) No 216/2008 and where there are no agreements concluded between the Union and a third country covering pilot licensing, Member States may accept third country licences, and associated medical certificates issued by or on behalf of third countries, in accordance with the provisions of Annex III to this Regulation.

2. Applicants for Part-FCL licences already holding at least an equivalent licence, rating or certificate issued in accordance with Annex 1 to the Chicago Convention by a third country shall comply with all the requirements of Annex I to this Regulation, except that the requirements of course duration, number of lessons and specific training hours may be reduced.

3. The credit given to the applicant shall be determined by the Member State to which the pilot applies on the basis of a recommendation from an approved training organisation.

4. Holders of an ATPL issued by or on behalf of a third country in accordance with Annex 1 to the Chicago Convention who have completed the experience requirements for the issue of an ATPL in the relevant aircraft category as set out in Subpart F of Annex I to this Regulation may be given full credit as regards the requirements to undergo a training course prior to undertaking the theoretical knowledge examinations and the skill test, provided that the third country licence contains a valid type rating for the aircraft to be used for the ATPL skill test.

5. Aeroplane or helicopter type ratings may be issued to holders of Part-FCL licences that comply with the requirements for the issue of those ratings established by a third country. Such ratings will be restricted to aircraft registered in that third country. This restriction may be removed when the pilot complies with the requirements in point C.1 of Annex III.

Article 9

Credit for training commenced prior to the application of this Regulation

1. In respect of issuing Part-FCL licences in accordance with Annex I, training commenced prior to the application of this Regulation in accordance with the Joint Aviation Authorities requirements and procedures, under the regulatory oversight of a Member State recommended for mutual recognition within the Joint Aviation Authorities system in relation to the relevant JAR, shall be given full credit provided that the training and testing were completed by 8 April 2016 at the latest.


(1) OJ L 243, 27.9.2003, p. 6.

2. Training commenced prior to the application of this Regulation in accordance with Annex 1 to the Chicago Convention shall be given credit for the purposes of issuing Part-FCL licences on the basis of a credit report established by the Member State in consultation with the Agency.

3. The credit report shall describe the scope of the training, indicate for which requirements of Part-FCL licences credit is given and, if applicable, which requirements applicants need to comply with in order to be issued with Part-FCL licences. It shall include copies of all documents necessary to demonstrate the scope of the training and of the national regulations and procedures in accordance with which the training was commenced.

Article 10

Credit for pilot licences obtained during military service

1. In order for holders of military flight crew licences to obtain Part-FCL licences, they shall apply to the Member State where they served.

2. The knowledge, experience and skill gained in military service shall be given credit for the purposes of the relevant requirements of Annex I in accordance with the elements of a credit report established by the Member State in consultation with the Agency.

3. The credit report shall:

(a) describe the national requirements on the basis of which the military licences, ratings, certificates, authorisations and/or qualifications were issued;

(b) describe the scope of the privileges that were given to the pilots;

(c) indicate for which requirements of Annex I credit is to be given;

(d) indicate any limitations that need to be included on the Part-FCL licences and indicate any requirements pilots have to comply with to remove those limitations;

(e) include copies of all documents necessary to demonstrate the elements above, accompanied by copies of the relevant national requirements and procedures.

Article 11

Cabin crew medical fitness

1. Cabin crew members involved in the operation of aircraft referred to in Article 4(1)(b) and (c) of Regulation (EC) No 216/2008 shall comply with the technical requirements and administrative procedures laid down in Annex IV.

2. The medical examinations or assessments of cabin crew members that were conducted in accordance with Council Regulation (EEC) No 3922/91 (1) and which are still valid at the date of application of this Regulation shall be deemed to be valid according to this Regulation until the earlier of the following:

(a) the end of the validity period determined by the competent authority in accordance with Regulation (EEC) No 3922/91; or

(b) the end of the validity period provided for in point MED.C.005 of Annex IV.

The validity period shall be counted from the date of the last medical examination or assessment.

By the end of the validity period any subsequent aero-medical re-assessment shall be conducted in accordance with Annex IV.

Article 12

Entry into force and application

1. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 8 April 2012.

2. By way of derogation from paragraph 1, Member States may decide not to apply the following provisions of Annex I until 8 April 2015:

(a) the provisions related to pilot licences of powered-lift aircraft, airships, balloons and sailplanes;

(b) the provisions of Subpart B;

(c) the provisions of points FCL.800, FCL.805, FCL.815 and FCL.820;

(d) in the case of helicopters, the provisions of Section 8 of Subpart J;

(e) the provisions of Sections 10 and 11 of Subpart J.

3. By way of derogation from paragraph 1, Member States may decide not to convert non-JAR-compliant aeroplane and helicopter licences that they have issued until 8 April 2014.


(1) OJ L 373, 31.12.1991, p. 4.

4. By way of derogation from paragraph 1, Member States may decide not to apply the provisions of this Regulation to pilots holding a licence and associated medical certificate issued by a third country involved in the non-commercial operation of aircraft specified in Article 4(1)(b) or (c) of Regulation (EC) No 216/2008 until 8 April 2014.

5. By way of derogation from paragraph 1, Member States may decide not to apply the provisions of Section 3 of Subpart B of Annex IV until 8 April 2015.

6. By way of derogation from paragraph 1, Member States may decide not to apply the provisions of Subpart C of Annex IV until 8 April 2014.

7. When a Member State makes use of the provisions of paragraphs 2 to 6 it shall notify the Commission and the Agency. This notification shall describe the reasons for such derogation as well as the programme for implementation containing actions envisaged and related timing.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 November 2011.

For the CommissionThe President

Jos Manuel BARROSO


ANNEX I

[PART-FCL]

SUBPART A

GENERAL REQUIREMENTS

FCL.001 Competent authority

For the purpose of this Part, the competent authority shall be an authority designated by the Member State to whom a person applies for the issue of pilot licences or associated ratings or certificates.

FCL.005 Scope

This Part establishes the requirements for the issue of pilot licences and associated ratings and certificates and the conditions of their validity and use.

FCL.010 Definitions

For the purposes of this Part, the following definitions apply:

Aerobatic flight means an intentional manoeuvre involving an abrupt change in an aircrafts attitude, an abnormal attitude, or abnormal acceleration, not necessary for normal flight or for instruction for licences or ratings other than the aerobatic rating.

Aeroplane means an engine-driven fixed-wing aircraft heavier than air which is supported in flight by the dynamic reaction of the air against its wings.

Aeroplane required to be operated with a co-pilot means a type of aeroplane which is required to be operated with a co-pilot as specified in the flight manual or by the air operator certificate.

Aircraft means any machine which can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earths surface.

Airmanship means the consistent use of good judgement and well-developed knowledge, skills and attitudes to accomplish flight objectives.

Airship means a power-driven lighter-than-air aircraft, with the exception of hot-air airships, which, for the purposes of this Part, are included in the definition of balloon.

Balloon means a lighter-than-air aircraft which is not engine-driven and sustains flight through the use of either gas or an airborne heater. For the purposes of this Part, a hot-air airship, although engine-driven, is also considered a balloon.

Basic Instrument Training Device (BITD) means a ground-based training device which represents the student pilots station of a class of aeroplanes. It may use screen-based instrument panels and spring-loaded flight controls, providing a training platform for at least the procedural aspects of instrument flight.

Category of aircraft means a categorisation of aircraft according to specified basic characteristics, for example aeroplane, powered-lift, helicopter, airship, sailplane, free balloon.

Class of aeroplane means a categorisation of single-pilot aeroplanes not requiring a type rating.

Class of balloon means a categorisation of balloons taking into account the lifting means used to sustain flight.

Commercial air transport means the transport of passengers, cargo or mail for remuneration or hire.

Competency means a combination of skills, knowledge and attitude required to perform a task to the prescribed standard.

Competency element means an action which constitutes a task that has a triggering event and a terminating event that clearly defines its limits, and an observable outcome.

Competency unit means a discrete function consisting of a number of competency elements.


Co-pilot means a pilot operating other than as pilot-in-command, on an aircraft for which more than one pilot is required, but excluding a pilot who is on board the aircraft for the sole purpose of receiving flight instruction for a licence or rating.

Cross-country means a flight between a point of departure and a point of arrival following a pre-planned route, using standard navigation procedures.

Cruise relief co-pilot means a pilot who relieves the co-pilot of his/her duties at the controls during the cruise phase of a flight in multi-pilot operations above FL 200.

Dual instruction time means flight time or instrument ground time during which a person is receiving flight instruction from a properly authorised instructor.

Error means an action or inaction taken by the flight crew which leads to deviations from organisational or flight intentions or expectations.

Error management means the process of detecting and responding to errors with countermeasures which reduce or eliminate the consequences of errors, and mitigate the probability of errors or undesired aircraft states.

Full Flight Simulator (FFS) means a full size replica of a specific type or make, model and series aircraft flight deck, including the assemblage of all equipment and computer programmes necessary to represent the aircraft in ground and flight operations, a visual system providing an out-of-the-flight deck view, and a force cueing motion system.

Flight time:

for aeroplanes, touring motor gliders and powered-lift, it means the total time from the moment an aircraft first moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight;

for helicopters, it means the total time from the moment a helicopters rotor blades start turning until the moment the helicopter finally comes to rest at the end of the flight, and the rotor blades are stopped;

for airships, it means the total time from the moment an airship is released from the mast for the purpose of taking off until the moment the airship finally comes to rest at the end of the flight, and is secured on the mast;

for sailplanes, it means the total time from the moment the sailplane commences the ground run in the process of taking off until the moment the sailplane finally comes to a rest at the end of flight;

for balloons, it means the total time from the moment the basket leaves the ground for the purpose of taking off until the moment it finally comes to a rest at the end of the flight.

Flight time under Instrument Flight Rules (IFR) means all flight time during which the aircraft is being operated under the Instrument Flight Rules.

Flight Training Device (FTD) means a full size replica of a specific aircraft types instruments, equipment, panels and controls in an open flight deck area or an enclosed aircraft flight deck, including the assemblage of equipment and computer software programmes necessary to represent the aircraft in ground and flight conditions to the extent of the systems installed in the device. It does not require a force cueing motion or visual system, except in the case of helicopter FTD levels 2 and 3, where visual systems are required.

Flight and Navigation Procedures Trainer (FNPT) means a training device which represents the flight deck or cockpit environment, including the assemblage of equipment and computer programmes necessary to represent an aircraft type or class in flight operations to the extent that the systems appear to function as in an aircraft.

Group of balloons means a categorisation of balloons, taking into account the size or capacity of the envelope.

Helicopter means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes.

Instrument flight time means the time during which a pilot is controlling an aircraft in flight solely by reference to instruments.

Instrument ground time means the time during which a pilot is receiving instruction in simulated instrument flight, in flight simulation training devices (FSTD).


Instrument time means instrument flight time or instrument ground time.

Multi-pilot operation:

for aeroplanes, it means an operation requiring at least 2 pilots using multi-crew cooperation in either multi-pilot or single-pilot aeroplanes;

for helicopters, it means an operation requiring at least 2 pilots using multi-crew cooperation on multi-pilot helicopters.

Multi-crew cooperation (MCC) means the functioning of the flight crew as a team of cooperating members led by the pilot-in-command.

Multi-pilot aircraft:

for aeroplanes, it means aeroplanes certificated for operation with a minimum crew of at least two pilots;

for helicopters, airships and powered-lift aircraft, it means the type of aircraft which is required to be operated with a co-pilot as specified in the flight manual or by the air operator certificate or equivalent document.

Night means the period between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise as may be prescribed by the appropriate authority, as defined by the Member State.

Other training devices (OTD) means training aids other than flight simulators, flight training devices or flight and navigation procedures trainers which provide means for training where a complete flight deck environment is not necessary.

Performance criteria means a simple, evaluative statement on the required outcome of the competency element and a description of the criteria used to judge if the required level of performance has been achieved.

Pilot-in-command (PIC) means the pilot designated as being in command and charged with the safe conduct of the flight.

Pilot-in-command under supervision (PICUS) means a co-pilot performing, under the supervision of the pilot-in- command, the duties and functions of a pilot-in-command.

Powered-lift aircraft means any aircraft deriving vertical lift and in flight propulsion/lift from variable geometry rotors or engines/propulsive devices attached to or contained within the fuselage or wings.

Powered sailplane means an aircraft equipped with one or more engines having, with engines inoperative, the characteristics of a sailplane.

Private pilot means a pilot who holds a licence which prohibits the piloting of aircraft in operations for which remuneration is given, with the exclusion of instruction or examination activities, as established in this Part.

Proficiency check means the demonstration of skill to revalidate or renew ratings, and including such oral examination as may be required.

Renewal (of, e.g. a rating or certificate) means the administrative action taken after a rating or certificate has lapsed forthe purpose of renewing the privileges of the rating or certificate for a further specified period consequent upon the fulfilment of specified requirements.

Revalidation (of, e.g. a rating or certificate) means the administrative action taken within the period of validity of a rating or certificate which allows the holder to continue to exercise the privileges of a rating or certificate for a further specified period consequent upon the fulfilment of specified requirements.

Route sector means a flight comprising take-off, departure, cruise of not less than 15 minutes, arrival, approach and landing phases.

Sailplane means a heavier-than-air aircraft which is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine.

Single-pilot aircraft means an aircraft certificated for operation by one pilot.


Skill test means the demonstration of skill for a licence or rating issue, including such oral examination as may be required.

Solo flight time means flight time during which a student pilot is the sole occupant of an aircraft.

Student pilot-in-command (SPIC) means a student pilot acting as pilot-in-command on a flight with an instructor where the latter will only observe the student pilot and shall not influence or control the flight of the aircraft.

Threat means events or errors which occur beyond the influence of the flight crew, increase operational complexity and which must be managed to maintain the margin of safety.

Threat management means the process of detecting and responding to the threats with countermeasures which reduce or eliminate the consequences of threats, and mitigate the probability of errors or undesired aircraft states.

Touring Motor Glider (TMG) means a specific class of powered sailplane having an integrally mounted, non-retractable engine and a non-retractable propeller. It shall be capable of taking off and climbing under its own power according to its flight manual.

Type of aircraft means a categorisation of aircraft requiring a type rating as determined in the operational suitability data established in accordance with Part-21, and which include all aircraft of the same basic design including all modifications thereto except those which result in a change in handling or flight characteristics.

FCL.015 Application and issue of licences, ratings and certificates

(a) An application for the issue, revalidation or renewal of pilot licences and associated ratings and certificates shall be submitted to the competent authority in a form and manner established by this authority. The application shall be accompanied by evidence that the applicant complies with the requirements for the issue, revalidation or renewal of the licence or certificate as well as associated ratings or endorsements, established in this Part and Part-Medical.

(b) Any limitation or extension of the privileges granted by a licence, rating or certificate shall be endorsed in the licen

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