Flight Standards

In case the answer you were looking for in this FAQ section is not available: you might submit your enquiry here

General

What is the 'Basic Regulation'?

Reference: Regulation (EC) No 216/2008

The 'Basic Regulation' (BR) designates 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, as amended by Commission Regulation (EC) No 690/2009 and Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009. A consolidated version of the Basic Regulation can be found here.

Under the EU legal order, the Basic Regulation has general application. It is binding in its entirety and directly applicable in all Member States. The main objective of the BR is to “establish and maintain a high uniform level of civil aviation safety in Europe” - Article 2 (1). Additional objectives are, among others, to ensure a high uniform level of environmental protection, to facilitate the free movement of goods, persons and services and to provide a level playing field for all actors in the internal aviation market” - Article 2 (2) (a), (b) and (f). One of the means to attain such objectives is “the preparation, adoption and uniform application of all necessary acts” - Article 2 (3) (a).

For that purpose, the BR conferred to the European Commission the power to adopt implementing rules which will detail how to comply with the essential requirements of the BR and will regulate the subject matters included in the its scope: airworthiness of aircraft, environmental protection, pilots, air operations, aerodromes, ATM/ANS, Air Traffic Controllers and aircraft used by third country operators into, within or out of the Community - see, among others, item 38 of the preamble to the BR.

One of EASA's (the Agency) tasks is to assist the Commission in the adoption of implementing rules, under Articles 18(a) and 19 BR.

Therefore, Regulation (EC) No 216/2008, as last amended, has been termed as the Basic Regulation in the Agency's documentation. The implementing rules proposed by the Agency take the form of Opinions addressed to the Commission. Once approved under the Comitology procedure, such implementing rules are published as Commission Regulations and this term appears in their titles.

Further FAQs on the Basic Regulation are available here.

Responsible person: 
EASA
Last updated: 
01/06/2012
What are the essential requirements?

Reference: Regulation (EC) No 216/2008, Regulation (EU) No 965/2012 on Air Operations as amended by Regulation (EU) No 800/2013

Essential requirements are a legal means of setting high level objectives and obligations on authorities, persons and organisations in order to achieve the objectives of the Basic Regulation ((EC) No 216/2008). Implementing rules are then developed on the basis of these essential requirements, to further detail how to achieve these objectives and obligations. The Basic Regulation has annexes containing essential requirements for:

  • airworthiness (in Annex I),
  • certain aircraft that fall outside the scope of the Agency's activities (Annex II),
  • pilot licensing (Annex III),
  • air operations (Annex IV),
  • qualified entities in the case of certification (Annex V),
  • aerodromes (Annex Va) and
  • ATM/ANS and air traffic controllers (Annex Vb).

For example, the implementing rules for air operations (e.g. Regulation (EU) No 965/2012) are developed using the essential requirements as a starting point. For certain aspects and types of operation, the essential requirements do not need to be further elaborated on with a specific implementing rule. For example, in the case of non-commercial operations with other-than-complex motor-powered aircraft, some of the responsibilities of the pilot-in-command are set out in adequate detail in 1.b and 1.c of Annex IV to the Basic Regulation, and did not need to be further detailed in implementing rules. For legal certainty, the essential requirements should not be repeated in the implementing rule, but to support industry in identifying the requirements with which they should comply, the Agency makes a reference to the essential requirement from the implementing rule:
“NCO.GEN.105 Pilot-in-command responsibilities and authority

a) The pilot-in-command shall be responsible for:

(1) the safety of the aircraft and of all crew members, passengers and cargo on board during aircraft operations as referred to in 1.c of Annex IV to Regulation (EC) No 216/2008”.

Responsible person: 
EASA
Last updated: 
14/02/2014
What is the 'Cover Regulation'?

Reference: Regulation (EU) No 1178/2011, Regulation (EU) No 290/2012, Regulation (EU) No 965/2012, Regulation (EU) No 800/2013

The 'Cover Regulation' designates:

  • The first 12 articles of 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 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1) as amended by Commission Regulation (EU) No 290/2012 of 30 March 2012 (OJ L 100, 5.4.2012, p. 1) - the full regulation is available here;
  • The first 10 articles of Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1) as amended by Commission Regulation (EU) No 800/2013 (OJ L 227, 24.08.2013, p.1).

The Cover Regulation:

  • explains the principles and considerations of the legislator when adopting the regulation (the 'whereas' clauses);
  • describes the regulation's objective and scope;
  • defines the terms used in the Cover Regulation;
  • indicates to whom/what the regulation and its annexes apply;
  • provides one or more dates from when the rules become applicable (opt-out provisions), including any grandfathering and transition measures for the adaptation to the new rules.

Regulation (EU) No 1178/2011 as amended by Regulation (EU) No 290/2012 has been termed by the Commission as the 'Aircrew Regulation'.

The Aircrew Regulation is thus composed of the Cover Regulation (12 Articles) and seven annexes, which contain the implementing rules on pilot licensing (Annex I - Part FCL), conversion of existing national licences (Annex II), conditions for the acceptance of licences issued by or on behalf of third countries (Annex III), medical certification and attestation (Annex IV - Part MED), qualification of cabin crew (Annex V - Part CC), authority requirements for aircrew (Annex VI - Part ARA) and organisation requirements for aircrew (Annex VII - Part ORA) - further information is available here.

Regulation (EU) No 965/2012 has been termed the 'Air OPS Regulation'.

The Air OPS Regulation is thus composed of the Cover Regulation (10 Articles) and seven annexes, Annex I Definitions for terms used in Annexes II to VII, Annex II Authority requirements for air operations (Part ARO), Annex III Organisation requirements for air operations (Part ORO), Annex IV Commercial air transport operations (Part CAT), Annex V Specific approvals (Part SPA), Annex VI Non-commercial operations with complex motor-powered aircraft (Part NCC), Annex VII Non-commercial operations with other-than-complex motor-powered aircraft (Part NCO), which contain the implementing rules on air operations for commercial and non-commercial operations with aeroplanes, helicopters, sailplanes and balloons. Annex VIII Specialised Operations (Part SPO), to be published this year, will complete the Air Operations package. If you'd like to see the structure of the Air OPS regulation, click here.

Responsible person: 
EASA
Last updated: 
27/08/2013
What do 'grandfathering', 'transition measure' and 'opt-out' mean?

Reference: Regulation (EU) No 1178/2011, Regulation (EU) No 290/2012, Regulation (EU) No 965/2012, Regulation (EU) No 800/2013, Regulation (EU) No 71/2014, Regulation (EU) No 83/2014

Aircrew Regulation

In the Aircrew Regulation, 'grandfathering' designates the legal recognition and acceptance of certificates issued by national authorities prior to the entry into force of the Aircrew Regulation. In the Cover Regulation, the conditions for the grandfathering of JAR-compliant and non-JAR compliant pilot licences and medical certificates are set forth in its Articles 4 and 5.

Grandfathering measures are included in the Cover Regulation to assist Member States in the transition from national rules to unified EU rules. In the case of aircrew licensing, provisions on grandfathering consider some national certificates issued in compliance with given regulations and by a certain date as being in compliance with the new Aircrew Regulation.

A 'transition measure' is a means of allowing a gradual change to the new rules and its scope and timeline are clearly stated within the Cover Regulation. Several examples can be found in the Aircrew Regulation, such as in Article 11c (in relation to the obligation of Member States regarding transfer of records and certification processes of those organisations for which the Agency is the competent authority) and Article 4 (1) obligation of Member States to adapt grandfathered pilot licences to the new licence format by a certain date of the Cover Regulation. 
The 'opt-out' can also be considered as a form of transition measure applicable to Member States. Opt-out provisions allow Member States to decide not to implement the new EU Regulation for a certain period of time, delaying the date of applicability of the new regulation within that Member State. This requires the Member State to notify the European Commission and the Agency of the 'opt-out', describing the reasons for such derogation and the programme for implementation. Article 12 (1) of the amended Cover Regulation allowed for a general opt out to Annexes I to IV until 8 April 2013. Other specific opt-outs are listed in Article 12 (2) to (6).

Air OPS Regulation

In the Air OPS Regulation, 'grandfathering' designates the legal recognition and acceptance of certificates issued by national authorities prior to the entry into force of the Air OPS Regulation. In the Cover Regulation, the conditions for the grandfathering of EU-OPS AOCs are set forth in Article 7.1.
Grandfathering measures are included in the Cover Regulation to assist Member States in the transition from EU-OPS to the new air ops rules. In the case of air operations, provisions on grandfathering consider EU-OPS AOCs issued in compliance with given regulations and by a certain date as being in compliance with the new Air OPS Regulation.

A 'transition measure' is a means of allowing a gradual change to the new rules and its scope and timeline are clearly stated within the Cover Regulation. An example to be found in the Air OPS Regulation is Article 7.1 obligation of Member States to issue AOC complying with the new format by a certain date.

The 'opt-out' can also be considered as a form of transition measure applicable to Member States. Opt-out provisions allow Member States to decide not to implement the new EU Regulation and its amendments for a certain period of time, delaying the date of applicability of the new regulation within that Member State. This requires the Member State to notify the European Commission and the Agency of the 'opt-out', describing the reasons for such derogation and the programme for implementation. Article 10.2 of the Cover Regulation ((EU) No 965/2012) allows for a general opt out to Annexes I to V until 28 October 2014. The amendments to Regulation (EU) No 965/2012 have different dates of applicability.

Responsible person: 
EASA
Last updated: 
14/02/2014
What do 'enter into force' and 'applicability' mean in the Cover Regulation?

Reference: Regulation (EU) No 1178/2011 on Aircrew and its amendments, Regulation (EU) No 965/2012 on Air Operations and its amendments

When Regulations are published in the Official Journal of the European Union they invariably include several dates. The date of entry into force is usually expressed as the 20th day following publication of the Regulation in the Official Journal of the European Union. It means that the EU rules have been adopted and published - thus producing legal effects -, but are not necessarily mandatory on the date of entry into force. The date when they become mandatory is the date of applicability.

The Aircrew Regulation applies from 8 April 2012.

The Regulation (EU) No 965/2012 on Air Operations applies from 28 October 2012. Its further amendments have different dates of entering into force and of applicability.

However, since Article 12 of the Aircrew Regulation and Article 10 of the Air OPS Regulation include several opt-out provisions, this means that entire Annexes and/or specific parts of the Annexes will not be applicable until the end of the out-out periods, in case Member States take up this possibility. This means that the entry into force and applicability dates are common to all Member States, but due to the possibility of opt-outs, concrete implementation of specific provisions of Annexes or entire Annexes may vary among Member States. Please find Derogations to Aircrew Regulation ((EU) No 1178/2011, (EU) No 290/2012) and Air Operations Regulation ((EU) No 965/2012 and (EU), No 800/2013) here.

Responsible person: 
EASA
Last updated: 
14/02/2014
When will the new rules on air operations be applicable?

Reference: Regulation (EU) No 965/2012 on Air Operations and its amendments

Regulation (EU) No 965/2012 entered into force on 28 October 2012.

Article 10 of the Air OPS Regulation includes an opt-out provision allowing Member States to postpone the applicability of Annexes I to V until 28 October 2014. This means that entire Annexes and/or specific parts of the Annexes will not be applicable if a Member States chooses to opt-out. The Agency has published an overview of the opt-out period applied by Member States here.

The amendments to the Regulation (EU) No 965/2012 have different applicability dates:

  • Commission Regulation (EU) No 800/2013 on non-commercial operation became applicable on 25 August 2013 and the opt-out period is 3 years.
  • Commission Regulation (EU) No 71/2014 on operational suitability data was published on 27 January 2014; it entered into force on the twentieth day following that of its publication and must be applied not later than 18 December 2017 or two years after the approval of the operational suitability data, whichever is the latest.
  • Commission Regulation (EU) No 83/2014 on flight and duty time limitations and rest requirements was published on 29 January 2014, entered into force on the twentieth day following that of its publication and shall apply from 18 February 2016 and from 17 Feb 2017 for ORO.FTL.205(e).

Once the Implementing Rules have been adopted, it is still possible that transition measures defer their applicability to a later date. Therefore, the exact date of applicability of each requirement will depend on the transition measures adopted by the European Commission. Until the date the new Implementing Rules apply, Member States' national rules and EU-OPS remain in force.

Responsible person: 
EASA
Last updated: 
14/02/2014
What is the comitology procedure?

Reference: Regulation (EU) No 182/2011

Under the Treaty on the Functioning of the European Union (TFEU), the European Commission is responsible for the required implementation of Union legislation in many areas. When exercising these delegated powers, the Commission is often obliged to work with national civil servants appointed by Member States in different committees. These committees, which are a forum for discussions and the voicing of opinions, are chaired by the European Commission.

For the implementation of Regulation (EC) No 216/2008 (the Basic Regulation), the European Commission is assisted by the EASA Committee and by the Single European Sky Committee. Another committee of importance as regards aviation safety is the Air Safety Committee, which is best known for being the guardian of the so-called 'Safety list' as provided by Directive 2004/36/CE of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airport as amended by Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC.

The procedures which govern the work of these committees follow the standard procedures approved by Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. It replaces former Decision 1999/468/EC. This Regulation introduces a new amended 'comitology' procedure. The latest Comitology Regulation and other relevant information on the new comitology procedure can be consulted here.

Responsible person: 
EASA
Last updated: 
01/06/2012
Can the information provided on EASA's FAQ be considered as legally binding?

EASA is not the competent authority to interpret EU Law. The responsibility to interpret EU Law rests with the judicial system, and ultimately with the European Court of Justice. EASA cannot even provide an 'authentic interpretation' (which is an official interpretation of a statute issued by the statute's legislator). Therefore any information included in these FAQs shall only be considered as EASA's understanding on a specific matter, and cannot be considered in any way as legally binding.

Responsible person: 
EASA
Last updated: 
01/06/2012
Why can't I find EU-OPS on the Agency website?

Reference: Regulation (EU) No 965/2012 on Air Operations, associated Decisions (AMC/GM)

EU-OPS is published in the Official Journal of the EU as Regulation (EC) No 1899/2006 of the European Parliament and of the Council of 12 December 2006 amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (OJ L 377, 27.12.2006, p. 1). It is available online via EUR-Lex. Although the Agency assists the Commission in administering this Regulation, any enquiries related to EU-OPS, if not handled by your national aviation authority, should be addressed to the Commission.

The JAA published TGL 44 in 2008, containing extensive guidance material for use with EU-OPS. This is available online.

EU-OPS continues to apply until the new requirements of Regulation (EU) No 965/2012 on Air Operations and its amendments are applicable in your Member State.

Responsible person: 
EASA
Last updated: 
14/02/2014
What is the status of 'Implementing Rules', 'Acceptable Means of Compliance', Alternative Means of Compliance (AltMOC), 'Guidance Material' and 'Frequently Asked Questions'?

Implementing rules (IRs): EU law in the area of civil aviation generally defines safety objectives at the level of essential requirements and implementing rules, whereas detailed implementation aspects are included as Certification Specifications (CS) or Acceptable Means of Compliance (AMC). EU law is directly applicable (full part of Member States' legal order). These IRs are binding in all their aspects.

AMC and Guidance Material (GM): The AMC and GM are Agency measures. AMCs are defined as non-binding standards adopted by the Agency to illustrate means to establish compliance with the Basic Regulation and its Implementing Rules.

The AMCs issued by the Agency are not of a legislative nature; therefore they cannot create obligations on the regulated persons, who may decide to show compliance with the applicable requirements using other means. AMC illustrate a means, but not the only means, by which a requirement of an Implementing Rule can be met. Satisfactory demonstration of compliance using a published AMC shall provide for presumption of compliance with the related requirement; it is a way to facilitate certification tasks for the applicant and the competent authority.

GM is issued by the Agency to assist in the understanding of the Basic Regulation, its IRs and CSs.

For a clear differentiation between the AMC and AltMOC, please consult the general Rulemaking FAQ page.

Frequently Asked Questions: FAQs are published on the Agency (EASA) website and cover a wide range of material. Although the information contained in the FAQs is a summary of existing law or procedures, it may contain the results of a more complex interpretation of IR or other rules of law. In such cases there is always an internal quality consultation within the Agency prior to the publication of the FAQ on the website. The Agency FAQs are necessary to share information and enable to get a common understanding.

These FAQs are not additional GM.

Responsible person: 
EASA
Last updated: 
14/02/2014
How can alternative means of compliance to the AMC published by the Agency be used by NAAs, operators and approved training organisations across the EU?

Reference: Regulation (EU) No 290/2012 on Aircrew (ARA.GEN.120); Decision AMC/GM to Part ARA (AMC1 ARA.GEN.120(d)(3), GM1 ARA.GEN.120); Regulation (EU) No 965/2012 on Air Operations (ARO.GEN.120); Decision AMC/GM to Part ARO (AMC1 ARO.GEN.120(d)(3), GM1 ARO.GEN.120)

The only means of compliance to the Aircrew/Air OPS Regulations that all organisations can use across the EU are the AMC as published by the Agency. For alternative means of compliance, the following scenarios are foreseen:

  1. an alternative means of compliance approved for an individual organisation may be used by another organisation, but that organisation must also apply for approval to use such alternative means of compliance;
  2. an alternative means of compliance issued by the competent authority (e.g. NAA) may be used by all organisations for which that authority is responsible.

Whenever the competent authority accepts an alternative means of compliance proposed by an organisation, it must notify the Agency and inform all other Member States. However, each Member State may decide how to deal with this information. This is explained in:

Regulation (EU) No 290/2012 on Aircrew:

ARA.GEN.120 MEANS OF COMPLIANCE

“(d) The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance with ORA.GEN.120 by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation.

When the competent authority finds that the alternative means of compliance are in accordance with the Implementing Rules, it shall without undue delay:

(1) notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the approval or certificate of the applicant accordingly; and
(2) notify the Agency of their content, including copies of all relevant documentation;
(3) inform other MS about alternative means of compliance that were accepted.

(e) When the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules it shall:

(1) make them available to all organisations and persons under its oversight; and
(2) without undue delay notify the Agency.
The competent authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.”

AMC1 ARA.GEN.120(d)(3):

“The information to be provided to other Member States following approval of an alternative means of compliance should contain a reference to the Acceptable Means of Compliance (AMC) to which such means of compliance provides an alternative, as well as a reference to the corresponding Implementing Rule, indicating as applicable the subparagraph(s) covered by the alternative means of compliance.”

GM1 ARA.GEN.120 explains that alternative means of compliance are valid for an individual organisation:

“Alternative means of compliance used by a competent authority or by organisations under its oversight may be used by other competent authorities or organisations only if processed again in accordance with ARA.GEN.120 (d) and (e).”

When the Agency finds that an alternative means of compliance of which it has been notified has value to be issued as an Agency AMC, this alternative means of compliance will be fed into the Rulemaking process. On completion of the rulemaking process, the means of compliance will be published as AMC.

AMC & GM to Part ARA are available here.

Regulation (EU) No 965/2012 on Air Operations:

ARO.GEN.120:

“(d) The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance with ORO.GEN.120 (b) by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation.
When the competent authority finds that the alternative means of compliance are in accordance with the Implementing Rules, it shall without undue delay:

(1) notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the approval or certificate of the applicant accordingly; and
(2) notify the Agency of their content, including copies of all relevant documentation.
(3) inform other Member States about alternative means of compliance that were accepted.

(e) When the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules it shall:

(1) make them available to all organisations and persons under its oversight; and
(2) without undue delay notify the Agency.

The competent authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.”

AMC1 ARO.GEN.120(D)(3): MEANS OF COMPLIANCE

“GENERAL
The information to be provided to other Member States following approval of an alternative means of compliance should contain a reference to the Acceptable Means of Compliance (AMC) to which such means of compliance provides an alternative, as well as a reference to the corresponding Implementing Rule, indicating as applicable the subparagraph(s) covered by the alternative means of compliance.”

GM1 ARO.GEN.120 MEANS OF COMPLIANCE

“GENERAL
Alternative means of compliance used by a competent authority or by organisations under its oversight may be used by other competent authorities or organisations only if processed again in accordance with ARO.GEN.120 (d) and (e).”

In the Information on Alternative Means of Compliance notified to the Agency page you can find a list of all the notifications sent by the Member States to EASA with the alternative means of compliance that they adopted.

Responsible person: 
EASA
Last updated: 
14/02/2014
Is there a consolidated version of the EASA decisions containing AMC and GM?

Yes, in the list of pdf documents on the Acceptable Means of Compliance and Guidance Material page, please select the documents entitled 'Supplementary document to ED Decision.

The consolidated version shows the different amendments in a single document and makes it much easier to find the appropriate AMC and GM for your type of operation.

Responsible person: 
EASA
Last updated: 
14/02/2014
Will the new rules be available in all official languages of the European Union and where are the rules published?

Reference: Regulation (EU) No 1178/2011 and its amendments, Regulation (EU) No 965/2012 and its amendments, related EASA Decisions (AMC/GM/CS)

The new requirements (on aircrew, air operations and third country operators) consist of:

  1. a Cover Regulation,
  2. Annexes containing Implementing Rules,
  3. Acceptable Means of Compliance (AMC) and Guidance Material (GM),
  4. Certification Specifications (e.g. for the qualification of flight simulation training devices, or on flight time limitations).

They are published in the Official Journal of the European Union.

Commission Regulation (EU) No 1178/2011 containing the first four annexes of the Aircrew Regulation was published in the Official Journal on 25 November 2011.

The remaining three annexes of the Aircrew Regulation were published in the Official Journal as Commission Regulation (EU) No 290/2012 on 5 April 2012.

Commission Regulation (EU) No 965/2012 on air operations and applicable to commercial air transport operations with aeroplanes and helicopters was published in the Official Journal on 25 October 2012.

Commission Regulation (EU) 800/2013 amending Regulation (EU) No 965/2012 and applicable to non-commercial operations with complex motor-powered aircraft (Part NCC) and other-than-complex motor-powered aircraft (Part NCO) was published in the Official Journal on 24 August 2013. The date of applicability is 25 August 2013. It also amends Regulation (EU) 965/2013 in its already published Annexes accordingly.

The Official Journal is published in all the official languages of the EU.

Acceptable Means of Compliance (AMC), Guidance Material (GM) and Certification Specifications (CS) are published on the Agency website, as Agency Decisions. As these need to take into account any changes made to the Cover Regulation and Implementing Rules by the EASA Committee, European Parliament and Council, the Decisions are published shortly after the date when their corresponding regulations have been published in the Official Journal. These are available in English only.

Responsible person: 
EASA
Last updated: 
14/02/2014
What is the status of documents published during the EASA Rulemaking process such as Notice of Proposed Amendment (NPA) or Comment Response Document (CRD)? Can they be used if there is no EASA rule available?

Reference: Regulation (EC) No 216/2008

NPAs and CRDs are part of the Agency's rulemaking process, to inform and consult stakeholders on possible rule changes or newly developed rules. The proposed rules are obviously not binding and still subject to change, either during the EASA rulemaking process or the Commission's comitology process. While a NPA and CRD may give a broad indication on how the future rule could look like, the Agency generally does not recommend using it before the final rules are published in the Official Journal of the European Union.

Responsible person: 
EASA
Last updated: 
14/02/2014
What happens to existing EU-OPS (aeroplane) AOCs? Are they still valid in the new system? Will EASA issue Air Operator Certificates in the future?

Reference: Regulation (EU) No 965/2012 on Air Operations

As stated in Article 7.1 of the Regulation (EU) No 965/2012 on Air Operations, EU-OPS (aeroplane) AOCs issued by a Member State before the Regulation applies shall be deemed to have been issued in accordance with this Regulation. This means that an operator will not have to re-apply for an AOC.

However, all existing AOCs issued before the entry into force of this Regulation will have to be replaced by AOCs corresponding to the new format (Appendix I to Part ARO) no later than 28 October 2014. Before the new AOC document can be issued, operators will have to adapt their management system, training programmes, procedures and manuals accordingly. More detailed information on how this transition process is managed is available from the national aviation authority that issued the AOC.

EASA will not issue AOCs. New AOCs will continue to be issued by National Aviation Authorities (the competent authority for this scope) in compliance with the requirements for organisations (Part ORO) and authorities (Part ARO).

Responsible person: 
EASA
Last updated: 
14/02/2014
Do the new EASA rules also apply to non-commercial operations?

Reference: Regulation (EU) No 965/2012 on Air Operations as amended by Regulation (EU) No 800/2013, (EU) 71/2014 and (EU) 83/2014

Yes, the new rules also apply to non-commercial operations. For general aviation and business/corporate aviation, the applicable rules are partly determined by the type of aircraft being flown: Annex VI (Part NCC: non-commercial operations with complex motor-powered aircraft) or Annex VII (Part NCO: non-commercial operations with other-than-complex motor-powered aircraft) will apply. The definition of complex motor-powered aircraft is found in Article 3 of the Basic Regulation and is as follows:

“complex motor-powered aircraft' shall mean:

(i) an aeroplane:

  • with a maximum certificated take-off mass exceeding 5 700 kg, or
  • certificated for a maximum passenger seating configuration of more than nineteen, or
  • certificated for operation with a minimum crew of at least two pilots, or
  • equipped with (a) turbojet engine(s) or more than one turboprop engine, or

(ii) a helicopter certificated:

  • for a maximum take-off mass exceeding 3 175 kg, or
  • for a maximum passenger seating configuration of more than nine, or
  • for operation with a minimum crew of at least two pilots,#

or

(iii) a tilt rotor aircraft”.

The definition for 'commercial operation' is also contained in Article 3 of the Basic Regulation:

“(i) 'commercial operation' shall mean any operation of an aircraft, in return for remuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and customer, where the latter has no control over the operator”.

Training flights fall under either Part NCC or Part NCO, depending on the aircraft being flown.

In addition, Part SPA applies to any operations requiring a specific approval (e.g. low visibility operations, transport of dangerous goods, performance-based navigation and more).

Finally, Annexes II (Part ARO) and III (Part ORO) contain respectively the authority and organisation requirements regarding air operations. Annex III applies to operators of complex motor-powered aircraft, both commercial and non-commercial.

Responsible person: 
EASA
Last updated: 
14/02/2014
I am not familiar with the new rule structure. Which parts apply to me?

Reference: Regulation (EU) No 965/2012 on Air Operations and the associated Decisions

This is determined by the nature of your flight, and for non-commercial operation by the type of aircraft flown. The following diagram indicates under which requirements your flight should be operating.

Commercial operations Commercial air transport (CAT) Technical rules: Part CAT
Specific approvals: Part SPA
Operator requirements: Part ORO
Non-CAT 
(specialised operations - e.g. aerial work
Technical rules: Part SPO
Specific approvals: Part SPA
Operator requirements: Part ORO
Non-commercial operations Non-commercial operations 
(including training flights)
With complex motor-powered aircraft: Technical rules: Part NCC
Specific approvals: Part SPA
Operator requirements: Part ORO
With other-than-complex motor-powered aircraft Technical rules: Part NCO
Specific approvals: Part SPA
Specialised operations 
(e.g. aerial work)
Technical rules: Part SPO
Specific approvals: Part SPA
With complex motor-powered aircraft: also Part ORO
Responsible person: 
EASA
Last updated: 
14/02/2014
How can I find out where a rule from EU-OPS / JAR-OPS 3 has been transposed in the new Regulation (EU) 965/2012 on Air Operations and its amendments, as well as its associated Agency Decisions, and if any changes have been introduced?

Reference: Regulation (EU) No 965/2012 on Air Operations, associated Decisions (AMC/GM)

The Agency has published a cross-reference table to assist industry in transitioning to the new rules. This table contains detailed information on the transposition of EU-OPS / JAR-OPS 3 provisions (both Section 1 and Section 2 - for aeroplanes, TGL 44) into the new Implementing Rules (IR), Acceptable Means of Compliance (AMC) and Guidance Material (GM):

  • new rule reference and rule title;
  • old rule reference and rule title;
  • indication of any differences to EU-OPS / JAR-OPS 3 provisions by stating “No change”, “Amended”, “New” or “Not transposed”; and
  • short description of the differences, if any, between the old and new rules.

With this cross-reference table one can analyse in detail where and how the old provisions have been transposed into the new regulatory framework.

Responsible person: 
EASA
Last updated: 
14/02/2014
There are four different aircraft categories in the rules - aeroplanes, helicopters, sailplanes, balloons. How can I identify which rules apply to a balloon pilot for example?

Reference: Regulation (EU) No 965/2012 on Air Operations

Where rules apply only to a specific category of aircraft, this has been indicated in the title. Within Subpart IDE (instruments, data and equipment), sections for each aircraft category have been created, so there the distinction is easy to make. Where no distinction is made in the rule title or section, the rule will apply to all aircraft categories.

Responsible person: 
EASA
Last updated: 
14/02/2014
Which operational requirements (EU/EASA Parts) apply to flight activities carried out by Manufacturer (i.e. ferry flights, demonstration flights, etc.)?

Reference: Regulation (EU) No 965/2012 on Air Operations

At the present stage no EU requirements exist for flights related to design and production activities (“manufacturer flights”). Instead these flights are regulated under national law. This is laid down in Paragraph 3 of Article 6 of Regulation (EU) No 965/2012 as follows:

“By way of derogation from Article 5(1) [air operations are regulated on a EU level], flights related to the introduction or modification of aircraft types conducted by design or production organisations within the scope of their privileges shall continue to be operated under the conditions set out in Member States' national law.”

However, the Agency started a rulemaking task (RMT.0348/0349) on “Flights related to design and production activities”. The goal is to establish a European regulatory framework for manufacturer flights including ferry flights, demo flights etc. At the present stage, a rulemaking group is working on a draft proposal to be published as “Notice of Proposed Amendments (NPA)” in 2014.

Responsible person: 
EASA
Last updated: 
14/02/2014
Would there be a restriction that requires baby bassinets to be removed and stowed during in-flight turbulent weather conditions? Where is it documented?

Reference: CS-25 (Large Aeroplanes)

Baby bassinets are currently included in a certification process of the particular aircraft in which they will be installed; baby bassinets are not certified as a separate device and they are not certified for taxi, take-off, landing and turbulent weather conditions. Placards advising on their stowage during taxi, take-off, landing and turbulence are required either at the location where baby bassinets will be fixed to the aircraft structure (e.g. bulkhead) or a clearly visible instruction advising on the same must be in place on the baby bassinet itself.

Because of the standard fixation of the unit, they are not stable during turbulence, they may swing up and down, and therefore they must be stowed during turbulence.

The placarding requirements are related to the general certification requirements on placarding and intended function in accordance with Certifications Specifications and Acceptable Means of Compliance for Large Aeroplanes CS-25 (ED Decision 2012/008/R) and the marking requirements as specified in the approval of the equipment. The applicable reference paragraph is CS 25.1301, 25.1541. There is no specific mention of baby bassinets, however, equipment installed in an aircraft must meet the applicable requirements of the certification basis, the equipment specifications (if available) or aircraft manufacturer specifications (if available), or NAA requirements applicable to the operation of the aircraft.

For any questions on certification matters, do not hesitate to contact EASA Certification directorate.

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Definitions

What is the difference between 'commercial operation' and 'commercial air transport (CAT) operation'?

Reference: Regulation (EC) No 216/2008 ('the Basic Regulation'), Regulation (EU) No 965/2012 on Air Operations

The term 'commercial operation' is defined in Article 3 of the Basic Regulation as follows:

'Commercial operation' shall mean any operation of an aircraft, in return for remuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator.

The term 'commercial air transport (CAT) operation' is defined in Article 2 of Regulation (EU) No 965/2012 as follows:

'Commercial air transport (CAT) operation' means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration.

The two definitions make it clear that 'commercial operations' include 'CAT operations'.

Responsible person: 
EASA
Last updated: 
14/02/2014
What are critical phases of flight?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex I Definitions

Annex I (Definitions) of the Regulation (EU) 965/2012 on Air Operations contains definitions for critical phases of flight for aeroplane and helicopters:

“'Critical phases of flight' in the case of aeroplanes means the take-off run, the take-off flight path, the final approach, the missed approach, the landing, including the landing roll, and any other phases of flight as determined by the pilot-in-command or commander.

'Critical phases of flight' in the case of helicopters means taxiing, hovering, take-off, final approach, missed approach, the landing and any other phases of flight as determined by the pilot-in-command or commander.”

As one can see from these definitions, for helicopters taxiing is defined as a critical phase of flight, while for aeroplanes it is not. Rules for activities considered acceptable during critical phases of flight are provided in the Regulation (EU) No 965/2012 on Air Operations - in Annex III (Part ORO), Annex IV (Part CAT), Annex VI (Part NCC), Annex VII (Part NCO) and Annex VIII (Part SPO). Basically, these Implementing Rules require crew members during critical phases of flight:

  • to be seated at his/her assigned station; and
  • not to perform any activities other than those required for the safe operation of the aircraft.
Responsible person: 
EASA
Last updated: 
14/02/2014
What are 'Sterile Flight Deck Procedures'?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex I (Definitions) and Annex III (Part ORO)

The term 'Sterile Flight Deck' is used to describe any period of time when the flight crew members shall not be disturbed e.g. by cabin crew, except for matters critical to the safe operation of the aircraft and/or the safety of the occupants. In addition, during these periods of time the flight crew members should focus on their essential operational activities without being disturbed by non-flight related matters, i.e. flight crew members should avoid non-essential conversations, should not make non-safety related announcements towards the passengers, etc.

Sterile flight deck procedures are meant to increase the flight crew members' attention to their essential operational activities when their focused alert is needed, i.e. during critical phases of flight (take-off and landing, etc.), during taxiing and below 10 000 feet (except for cruise flight).

The Agency issued draft rules addressing sterile flight deck procedures in June 2013 (Opinion 05/2013) to the European Commission. Once adopted, these rules will be incorporated in the Regulation on Air Operations. The Agency expects that the sterile flight deck procedures will be in place in 2014.

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Part ARO

How do the provisions on code-sharing articulate with the future Regulation applying to Third Country Operators (Part TCO)?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex III (Part ORO)

Regarding code-sharing, Regulation (EU) No 965/2012 on Air operations requires from the EU Operator, who wishes to enter into a code-sharing agreement with a third country operator (TCO), compliance with the requirements of Annex III to Regulation (EU) No 965/2012. This means the TCO as a code-share partner will undergo comprehensive audits for the initial verification of compliance and continuous compliance with the applicable ICAO standards [AMC1 ORO.AOC.115(a)(1)]. These audits can be performed either by the EU operator itself or a third party provider. The AMC (AMC2 ORO.AOC.115(b)) refers to the possibility of using industry standards. The audit will focus on the operational, management and control systems of the TCO (see AMC1 ORO.AOC.115(a)(1)). Continuous compliance of the code sharing TCO with the applicable ICAO standards will be performed on the basis of a code-share audit programme (see AMC1 ORO.AOC.115(b)).

This means that the audit and verification requirements contained in Part ORO of Regulation 965/2012 cannot be substituted by a TCO authorisation issued by the Agency. For code-share, an EU operator must, in addition to the TCO authorisation, audit and monitor the TCO.

Responsible person: 
EASA
Last updated: 
14/02/2014
How do the provisions on wet-leasing articulate with the future Regulation applying to Third Country Operators (TCO)?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex III (Part ORO)

The TCO authorisation issued by the Agency is no substitute for requirements regarding wet-lease agreements between EU and third country operators that are contained in Part ORO of Regulation (EU) No 965/2012 on Air Operations. For wet-lease agreements, the TCO operator must demonstrate equivalence to EU safety requirements. Before entering into a wet-lease agreement, the EU operator should demonstrate to the authority that (1) the TCO has a valid AOC, (2) that safety standards of the TCO regarding continuing airworthiness and air operations are equivalent to the EU continuing airworthiness requirements 2042/2003 (593/2012) and (3) the aircraft has a standard Certificate of Airworthiness (CofA) issued in accordance with ICAO Annex 8.

Responsible person: 
EASA
Last updated: 
14/02/2014
Must the competent authority check and approve the content of the operator's Safety Management Manual?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex II (Part ARO), Annex III (Part ORO)

As stated in ORO.AOC.100, an operator has to submit, as part of its application for an AOC, a description of its management system, including the organisational structure, which constitutes its safety management manual, whose content is described in AMC1 and AMC2 to ORO.GEN.200(a)(5).
The Competent Authority has to check the content of the operator's Safety Management Manual (SMM) as mentioned in ARO.GEN.310(a) and in the corresponding AMC to ARO.GEN.310.

ARO.GEN.310 INITIAL CERTIFICATION PROCEDURE - ORGANISATIONS

(a) Upon receiving an application for the initial issue of a certificate for an organisation, the competent authority shall verify the organisation's compliance with the applicable requirements. This verification may take into account the statement referred to in ORO.AOC.100 (b).
[...]

AMC1 ARO.GEN.310(a) INITIAL CERTIFICATION PROCEDURE - ORGANISATIONS
VERIFICATION OF COMPLIANCE

(a) Upon receipt of an application for an air operator certificate (AOC), the competent authority should:

(1) assess the management system and processes, including the operator's organisation and operational control system;
(2) review the operations manual and any other documentation provided by the organisation; [...]

Information on the content of the operator's Safety Management Manual (SMM), which can be part of the Operations Manual or included in a separate manual, can be found in AMC1 and AMC2 to ORO.GEN.200(a)(5). It should be noted that the SMM is not required to be approved according to ORO.GEN.200(a)(5) and the related AMCs. Nevertheless, changes affecting the operator's management system are required to be approved (ORO.GEN.130 + GM1) and these changes would have to be reflected in the operator's manual dealing with Safety management:

AMC1 ORO.GEN.200(a)(5) MANAGEMENT SYSTEM DOCUMENTATION - GENERAL
[...]

(b) The operator's management system documentation may be included in a separate manual or in (one of) the manual(s) as required by the applicable Subpart(s). A cross reference should be included.

ORO.GEN.130 CHANGES

(a) Any change affecting:

(1) the scope of the certificate or the operations specifications of an operator; or
(2) any of the elements of the operator's management system as required in ORO.GEN.200 (a)(1) and (a)(2),
shall require prior approval by the competent authority.

Responsible person: 
EASA
Last updated: 
14/02/2014
AMC2 ARO.GEN.305(c) Oversight programme (c) stipulates that audits should include at least one on-site audit within each oversight planning cycle. What is meant by an 'on-site audit' in this sentence? Could it be so that every audit undertaken by an NAA could be performed while sitting in the NAA's office and reviewing operator's documents and procedures and only one of those audits should be undertaken in a way that NAA inspectors actually visit an operator on-site?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex II (Part ARO, ARO.GEN and ARO.RAMP)

There is no further guidance on how many on-site audits should actually be performed. This decision depends on the confidence of the authority in the operator, on results of past certification and/or oversight activities required by ARO.GEN and ARO.RAMP and on the assessment of associated risks. The number of on-site audits is therefore part of the oversight responsibility of the authority.

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Part ORO

I am looking for the acceptance of post holders, particularly the Safety manager. In the AMC we agreed on the functions of the Safety manager, but did we agree on his or her acceptance?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex II (Part ARO, ARO.GEN.310, ARO.GEN.330), Annex III (Part ORO, ORO.GEN.130)

Part ORO does not mention anymore the notion of acceptance/acceptability of nominated persons. This is now replaced by the notion of changes requiring prior approval or changes not requiring prior approval.

During the initial certification process, nominations of personnel in general are considered to be part of the verification of compliance performed by the competent authority and therefore covered by the issuance of the AOC.

Regarding changes to certified organisation, the notion of changes requiring prior approval/changes not requiring prior approval applies and therefore, a formal approval of certain change is required. Guidance is provided through GM1 ORO.GEN.130(a) and GM3 ORO.GEN.130(c). Likewise, upon initial certification, the competent authority may agree with the organisation on a more specific scope of changes that do not require prior approval, on the basis of ARO.GEN.310(c), and within the limits of the applicable requirements. Items not required to get a prior approval are managed by the organisation based on a procedure approved by the competent authority for the management of such changes. In any case, these changes have to be notified to the competent authority which will verify compliance with the applicable requirements (cf. ORO.GEN.130(c) and ARO.GEN.330(c)).

Regarding the specific case of the safety manager, it should be noted that there is no requirement for a safety manager at an implementing rule level. The nomination of a safety manager is one means to comply with the IR objective. Therefore, a change in safety manager is not listed in the GMs to ORO.GEN.130: A change in safety manager is not considered a change requiring a prior approval from the competent authority, unless, the accountable manager fulfils the role of safety manager, in which case a change would obviously require prior approval.

The above references are those to Regulation (EU) No 965/2012; the same provisions are included in Regulation (EU) No 290/2012 (ARA/ORA).

Responsible person: 
EASA
Last updated: 
14/02/2014
Regarding ORO.GEN.200, could a commercial operator of complex motor powered aircraft, such as the Cessna Citation Bravo that operates within Europe and with no SPAs, be considered non-complex?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex III (Part ORO)

As defined in AMC1 ORO.GEN.200(b) the criterion in terms of full-time equivalents (FTEs) is the first one to be checked. This relates not only to the required organisational capability to implement and maintain a management system in line with Part ORO, but also to the fact that the larger the organisation gets, the more complex its procedures, communication and feedback channels will be, hence the need for robust processes related to hazard identification, safety risk management, performance measurement etc. For an organisation up to 20 FTEs, it is important to assess the 'risk profile' of the organisation in relation to the way it operates and this may justify the need for robust management processes for safety. The AMC defines the most relevant ones. The extent of contracting, the number, complexity and diversity of aircraft operated and type of operations (CAT, commercial, local, standard routes, hostile environment etc.) are all to be considered. It is important to note that the complexity criteria are included in an AMC to Part ORO and this makes a strong point as to the responsibility of the operator to make the assessment and justify the option chosen (complex or non-complex management system) to the satisfaction of the competent authority. If the option is to implement the provisions applicable to complex organisations, having details of management system implementation included in the form of AMCs to ORO.GEN.200, the operator may apply for an alternative means of compliance should it consider any of the elements of these AMCs inadequate for its specific type of organisation and operations.

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Cabin Crew

Approval of training programmes

Is there a standard procedure for the approval of courses designed for cabin crew? Should they be approved by EASA?

Reference: Regulation (EU) No 1178/2011 on Aircrew requirements; Regulation (EU) No 965/2012, Annex II (Part ARO), Annex III (Part ORO)

Approval of training for cabin crew is the competence of the competent authority designated by each Member State.

As regards the initial training course required under Part CC (Aircrew Regulation), operators and training organisations intending to provide such training can do so only if they are approved by the competent authority. In the case of an AOC holder, such an approval shall be granted as an additional privilege to be specified in the Operations Specifications. Approval of the initial training course should therefore be part of the overall approval process in accordance with the procedures established by the competent authority.

For the other cabin crew training required under Part ORO, operators are responsible for their crew training programmes, including the means of delivering those training (e.g. online, classroom and representative devices), taking into account the objective of crew competence as defined by the rules.

Crew training and checking programmes of airlines/operators must be established in the Operator manual (OM) to be approved by the competent authority.

As EU-OPS requirements are being replaced, here are the new rules on Air Operations.

The paragraphs of particular relevance to this topic are:

  • Article 7 on AOC,
  • Part ARO, particularly ARO.OPS.100
  • Part ORO, in particular
    • Subpart AOC Air Operator Certification, particularly ORO.AOC.100;
    • Subpart MLR Manuals, logs and records, particularly ORO.MLR.100;
    • Subpart CC Cabin crew

The related AMC (acceptable means of compliance) and GM (guidance material) in the Agency Decision provide further details on this topic (Part ORO - for operators).

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Aircraft type specific training and conversion training

Who can conduct aircraft type specific training and conversion training for cabin crew members? Can a cabin crew training organisation (CC TO) provide aircraft type specific training and operator conversion training even though ORO.CC.125 requires aforementioned training to be conducted by the operator?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex III (Part ORO)

Taking into account that:

  • The Aircrew Regulation refers to CC TO only for the Initial training course (and eventually for issuing the related cabin crew attestation); and
  • Aircraft type specific training and conversion training are requirements specified in Part ORO, which is applicable to operators, as stated in ORO.GEN.005 Scope,

crew training and qualifications are therefore requirements directed to the operator who will have to train its cabin crew members accordingly, as specified in point (d) of ORO.GEN.110 and ORO.CC.005.

However, an operator may contract out some activities (e.g. training) under the conditions specified in ORO.GEN.205 Contracted activities complemented by AMC1 ORO.GEN.205 and the associated GM1 and GM2.

Therefore, CC TO can only provide Aircraft type specific training and conversion training if contracted by an AOC holder/operator, who will remain responsible for the training and competence of its cabin crew.

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Reduction of minimum required cabin crew: approval of procedures

Do the evacuation procedures with a reduced number of required cabin crew during ground operations or in unforeseen circumstances require prior approval according to the new Air OPS Regulations?

Reference: Regulation (EU) No 965/2012 on Air Operations, ORO.CC.205, GM3 ORO.GEN.130(b)

The minimum number of cabin crew and the related procedures for evacuation are approved as part of the OM. As reducing the minimum cabin crew is a deviation from the required minimum number (which must be determined based on the number established by certification rules for each aircraft type), it requires close monitoring. Therefore changes to evacuation procedures with a reduced number of cabin crew require prior approval by the Authority.

This requirement originates from EU-OPS 1.311(a): 

“provided that:

1. the operator has established a procedure for the evacuation of passengers with this reduced number of cabin crew that has been accepted by the Authority as providing equivalent safety;”

However, for legal certainty and clarity purposes, the term 'accepted' is now avoided by the EU, as well as by the ICAO. The items for which 'accepted' was used in JAR/EU-OPS were assessed and, depending on their nature/potential impact, have been changed in the new rules into 'notified' or 'approved'. Changes requiring prior approval are now clearly identified.

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Conflict of interest - instructor/examiner

The Aircrew Regulation requires that conflict of interest be avoided, meaning that the trainer/instructor who provided any topic of the initial training course should not act as examiner. What about small operators / cabin crew training organisations employing only one ground instructor, for example to cover dangerous goods or aero-medical aspects and first aid? Would it be acceptable if, for example, the written examination (test) on a particular topic would be corrected by the Training Manager according to enclosed key test? Would EASA recommend any other acceptable solution?

Reference: Regulation (EU) No 1178/2011 on Aircrew

In the Annex to ED Decision 2012/006/R, AMC1 ARA.CC.200(b)(2) clarifies that in such cases, the operator/training organisation shall establish appropriate procedures to avoid situations that could lead to conflict of interest, e.g. where an instructor/trainer has to check/evaluate the proficiency of the trainee/student he/she has taught/trained.

The qualifications of instructors/trainers, as well as of examiners, are not defined at EU level, and remain to be defined by each Member State. At the same time, the particular context of the concerned operator/training organisations is also known by the competent authority.

Therefore, only the competent authorities may assess, on a case by case basis, when approving the training and checking programmes of the operators/training organisations established in their territory, whether the procedures established can ensure that the objective of the rule is met, i.e. to minimise as far as possible the risk of conflict of interest, and possible undue side effects on the evaluation of the trainee/student.

“AMC1 ARA.CC.200(b)(2) Approval of organisations to provide cabin crew training or to issue cabin crew attestations 
PERSONNEL CONDUCTING EXAMINATIONS

For any element being examined for the issue of a cabin crew attestation as required in Part CC, the person who delivered the associated training or instruction should not also conduct the examination. However, if the organisation has appropriate procedures in place to avoid conflict of interest regarding the conduct of the examination and/or the results, this restriction need not apply.”

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Medical fitness of cabin crew

Where can I find the medical requirements according to the EASA in order to become Cabin Crew?

Reference: Regulation (EU) 1178/2011, Part MED

The new medical requirements for cabin crew medical fitness can be found in Commission Regulation (EU) No 1178/2011, and shall be applied at the latest by 8 April 2014.

Annex IV, Part MED, contains the implementing rules (IR) covering:

  • In Subpart A Section 1, the general requirements, such as competent authority, medical confidentiality, decrease in medical fitness and obligations of medical doctors conducting the aero-medical assessment of cabin crew (see below AME and OHMP);
  • In Subpart C, all three Sections, the requirements  for medical fitness of cabin crew;
  • In Subpart D, Section 1 on Aero-medical examiners (AEM) and Section 3 on Occupational Health Medical Practitioners (OHMP), the requirements for the medical doctors who conduct aero-medical assessment of cabin crew. Please note that general medical practitioners (GMP) (Section 2) may not conduct aero-medical assessment of cabin crew.
    • Agency Decision 2011/015 contains the associated acceptable means of compliance (AMC) and guidance material (GM). These AMC/GMs complement the above-mentioned IR by specifying the detailed medical conditions and related medical examinations or investigations.
Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Part CAT

Are there any requirements for loadmasters?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT)

There are no specific provisions for loadmasters, either in terms of their duties or in terms of their qualification. The only provision applicable to loading is in Part CAT:

CAT.POL.MAB.100 Mass and balance, loading

CAT.POL.MAB.105 Mass and balance data and documentation, stating:

  • The loading of an aircraft shall be performed under the supervision of qualified personnel in a way that is consistent with the results of mass and balance calculations.
  • The person supervising the loading of the aircraft shall confirm by hand signature or equivalent that the load and its distribution are in accordance with the mass and balance documentation given to the commander.
  • The person who prepared the mass and balance documentation must be named on it.
  • The operator has to specify principles and methods for the loading and the mass and balance system in use in its Operations Manual.

Regarding the categorization of such personnel, a loadmaster can be either ground personnel or a crew member if the operator assigns him/her duties on board (as it is the case for some cargo operators), but certainly not flight crew.

Of course this does not prevent a flight crew member to be also qualified as a loadmaster, but he or she would be flight crew independently from being a loadmaster at the same time.

Please note that in accordance with ORO.GEN.110(e), it is the operator's responsibility to “ensure that all personnel assigned to, or directly involved in, ground and flight operations are properly instructed, have demonstrated their abilities in their particular duties and are aware of their responsibilities and the relationship of such duties to the operation as a whole”.

Responsible person: 
EASA
Last updated: 
14/02/2014
Referring to Annex II - AMC 20-6 rev.2, on ETOPS Applicability, is ETOPS approval required or not for aircraft with a seating configuration of 19 or less and a maximum take-off mass of less than 45 360 kg and not exceeding 180 minutes at the approved one-engine-inoperative speed (in still air) from an adequate aerodrome?

“(2) or Two-engine aeroplanes with a maximum passenger seating configuration of 19 or less and a maximum take-off mass of less than 45 360 kg, in excess of 180 minutes at the approved one-engine-inoperative speed (in still air) from an adequate aerodrome.”

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT), Annex V (Part SPA)

In the EASA regulatory framework an ETOPS operational approval is not required for commercial operations with twin-engine aeroplanes with a maximum passenger seating configuration of 19 or less and a maximum take-off mass of less than 45 360 kg to operate in excess of 180 minutes at the approved one-engine-inoperative speed (in still air) from an adequate aerodrome.

Nevertheless, Regulation (EU) No 965/2012 must be considered, especially CAT.OP.MPA.140 which states:

“CAT.OP.MPA.140 Maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval

(a) Unless approved by the competent authority in accordance with Annex V (Part SPA), Subpart F, the operator shall not operate a two-engined aeroplane over a route that contains a point further from an adequate aerodrome, under standard conditions in still air, than:
[...]

(2) for performance class A aeroplanes with:

(i) an MOPSC of 19 or less; and 
(ii) a maximum take-off mass less than 45 360 kg,

the distance flown in 120 minutes or, subject to approval by the competent authority, up to 180 minutes for turbo-jet aeroplanes, at the OEI cruise speed determined in accordance with (b);”

Therefore, a specific ETOPS approval under Part SPA (Annex V to Regulation (EU) No 965/2012) is not required to operate between 120 and 180 mn from an adequate aerodrome; nevertheless, an operator is required to hold an approval based on the provisions contained in AMC1 CAT.OP.MPA.140(c). Without this approval, an operator cannot operate in excess of 120 mn from an adequate aerodrome.

Responsible person: 
EASA
Last updated: 
14/02/2014
NPAs CDFA-SA with IAP instrument approach procedure expressing minima as a "DA/H" should have an "ADD-ON" or not? Am I allowed to go a little bellow the "DA/H" while performing a missed approach/going around?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT)

Please note that the rules on CDFA are now specified in the following rule of Regulation (EU) 965/2012: CAT.OP.MPA.115 Approach flight technique - aeroplanes. To this implementing rule, three AMCs and one Guidance Material are assigned.

AMC1 CAT.OP.MPA.115 (a)(5) specifies the following: “This DA/H should take into account any add-on to the published minima as identified by the operator's management system and should be specified in the OM (aerodrome operating minima).” This means that the use of any add-on is left to the responsibility of the operator.

Usually, the operator should avoid going below DA/H if the missed approach is initiated. Therefore, (a)(7) specifies: “The operator should establish a procedure to ensure that an appropriate callout is made when the aeroplane is approaching DA/H. If the required visual references are not established at DA/H, the missed approach procedure is to be executed promptly.”

Responsible person: 
EASA
Last updated: 
14/02/2014
Which EASA regulations govern the mandatory use of Child Restraint seats by infants under two years of age, secured to normal passenger "host" seat in aircraft cabins during taxi, take off, flight, descent, landing and taxi, approved for use only in aircraft by STC and TSO.C100b? If not already promulgated, is it intended to make it so?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT)

Regulation (EU) No 965/2012 Air Operations requires an infant, i.e. person younger than 24 months, to be secured on adult's lap by a supplementary loop belt or other restraint device.

“CAT.OP.MPA.225 Seats, safety belts and restraint systems

(b) Passengers
 

(2) The operator shall make provisions for multiple occupancy of aircraft seats that is only allowed on specified seats. The commander shall be satisfied that multiple occupancy does not occur other than by one adult and one infant who is properly secured by a supplementary loop belt or other restraint device.”

The use of 'child restraint seats' on board is currently dealt with at national level, i.e. at discretion of an air operator and the respective national aviation authority that does oversight of the operator's activities. However, EASA had brought up the issue of Child Restraint Devices (CRD) to ICAO in the recent past and ICAO agreed to take up the initiative on a global level.

The approval of a Child Restraint System (CRS) would require either an Authorisation in accordance with ETSO-C100b or an STC. Should any further clarification on certification aspects be required, please contact ETSOA [at] easa [dot] europa [dot] eu

Responsible person: 
EASA
Last updated: 
14/02/2014
Can I use my car seat as a child restraint device for my 1 year old son/daughter during a flight?

Reference: Regulation (EU) No 965/2012 on Air Operations, associated Decision AMC/GM to Part CAT: AMC1 CAT.IDE.A.205

In the first instance, passengers wishing to use their car seat as a child restraint device (CRD) on board an aircraft should contact the airline or travel agency through which the ticket has been booked, in order to obtain information on which CRDs are acceptable and also to ensure that the car seat can be installed properly on the seat of the particular aircraft with which they will fly.

Since 2008, EU law determines that children under 2 years of age must be secured by an approved child restraint device when flying with EU airlines. This can either be a child seat or a 'loop belt', the latter being attached to the seat belt of the adult who is holding the child on his/her lap.

Regarding the use of a car seat as an acceptable child restraint device, this is regulated under the Regulation on Air Operations, through Annex IV (Part CAT), specifically CAT.IDE.A.205. The Agency has issued an acceptable means of compliance to that rule, which is available here. The basis for the provision on child restraint devices is JAR-OPS 1 guidance material.

To conclude, the proposed examples for acceptable child restraint devices include car seats, and item 2 of AMC1 CAT.IDE.A.205 lists the standards with which the CRD should comply. This includes the UN standard ECE R 44, -03 or later series - this is commonly indicated on the car seat's label.

Further information on flying with small children is also available here.

Responsible person: 
EASA
Last updated: 
14/02/2014
AMC1 (a) to CAT.IDE.A.280 says, “Batteries used in the ELTs should be replaced (or recharged, if the battery is rechargeable) when the equipment has been in use for more than 1 cumulative hour”. What should be understood by “in use for more than 1 cumulative hour”?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT)

“In use for more than 1 cumulative hour” should be understood as an hour of cumulative ELT operation, whatever the purpose may be (testing, intended or unintended transmitting).

Responsible person: 
EASA
Last updated: 
14/02/2014
Is there any regulatory statement by which it is required for all European aeroplanes to carry a defibrillator on board?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT)

In the AMCs to the Regulation (EU) No 965/2012 on Air Operations (available here), it is recommended, for commercial air transport operations, to carry an automatic external defibrillator on aeroplanes required to carry an emergency medical kit (those having a passenger seating configuration of more than 30 seats when any point on the planned route is more than 60 minutes flying time at normal cruising speed from an aerodrome at which qualified medical assistance could be expected to be available) under certain conditions.

Namely the acceptable means of compliance to the rule concerned (CAT.IDE.A.225), listing the content of the Emergency Medical Kit, recommend operators to determine through risk assessment the need to carry the defibrillator. So there is no strict requirement for operators, but only a recommendation based on the result of a risk assessment.

The full text of the AMC is available here.

The above is in line with the current ICAO Annex 6 recommendation, which reads as follows:

ATTACHMENT B. MEDICAL SUPPLIES

Supplementary to Chapter 6, 6.2.2 a)

1.2 Based on the limited available evidence, only a very small number of passengers are likely to benefit from the carriage of automated external defibrillators (AED) on aeroplanes. However, many operators carry them because they offer the only effective treatment for cardiac fibrillation. The likelihood of use, and therefore of potential benefit to a passenger, is greatest in aircraft carrying a large number of passengers, over long duration sector lengths. The carriage of AEDs should be determined by operators on the basis of a risk assessment taking into account the particular needs of the operation.

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Dangerous Goods

Is there a European regulation on dangerous goods training requirements or should each European country follow its own national regulations?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex III (Part ORO), Annex IV (Part CAT), Annex V (Part SPA), Annex VI (Part NCC), Annex VII (Part NCO)

European rules regarding the transport of dangerous goods can be found in the Commission Regulation (EU) No 965/2012 on Air Operations (Air OPS). Air OPS Regulation substitutes the EU-OPS Regulations. So far, only the rules for commercial air transport and non-commercial operations have been published in Annexes I to VII of the Air OPS. The rules on aerial work (specialised operations) will follow later to complete it.

Apart from the implementing rules which are comprised in the Regulation (EU) 965/2012, the Acceptable Means of Compliance (AMC) and Guidance Material (GM), which are published as EASA Decisions on the Agency's website, should be taken into account as well (namely Decisions 2012/015/R through to 2012/019/R, respectively the amended ones 2013/017/R through to 2013/022/R).

The requirements in ORO.GEN.110, CAT.GEN.MPA.200, SPA.DG.105, NCC.GEN.150 and NCO.GEN.140 are more general, whereas the related AMC/GM (especially AMC1 SPA.DG.105(a) in ED Decision 2013/020/R on Part SPA) include more specific details.

The requirements stipulated in Part I, Chapter 4 of the ICAO Doc 9284-AN/905, Technical Instructions for the Safe Transport of Dangerous Goods by Air, mentioned as a further reference in the Air OPS Regulation, must also be complied with.

In addition, national aviation authorities are responsible for approving the dangerous goods training in their countries and therefore they have to establish the conditions under which they shall be approved. For detailed information on training requirements (including the type of training interaction - classroom or computer-based training), each operator should contact the national aviation authority in their country of registration.

Responsible person: 
EASA
Last updated: 
14/02/2014
Q1: What are the rules for passengers using bottled oxygen on board an aircraft?

[NOTE: Q1 and Q2 must be read together as they are closely related.]

Reference: Regulation (EU) No 965/2012 on Air Operations; Regulation (EC) No 1107/2006 on the right of disabled persons and persons with reduced mobility when travelling by air

Article 10 of Regulation (EC) No 1107/2006 establishes the rights of disabled persons and persons with reduced mobility when travelling by air. The Regulation also stipulates that air operators should provide assistance, including transportation of medical equipment subject to dangerous goods legislation. Article 4(3) of this Regulation requires an air carrier or its agent to make publicly available the safety requirements and relevant information on restrictions. Annex II to the Regulation stipulates that the relevant legislation on dangerous goods can be invoked to limit the transport of mobility equipment. For more information on Regulation 1107/2006, please refer to the Commission's interpretative guidelines on this regulation from 11.06.2012, which has been published on the Commission's website and can be accessed here.

Regulation (EU) No 965/2012 of 5 October 2012 on Air Operations (Air OPS Regulation) refers to Annex 18 of the Chicago Convention and the Technical Instructions for the Safe Transport of Dangerous Goods by air when relating to their carriage on board. For safety reasons, oxygen/air cylinders or bottles are considered dangerous goods and fall under Annex 18 of the Chicago Convention; therefore, the provisions under Part 8 of the ICAO Technical Instructions must be applied to passengers who intend to carry these items with them on board. Oxygen/air cylinders for medical use of no more than 5 kg gross weight and never containing liquid oxygen are allowed in checked and carry-on baggage or on the person, with approval of the operator. In addition, the operator must provide the pilot-in-command with written information on their number and location on board. The valves and regulators of oxygen bottles must be protected from damage which could cause inadvertent release of the contents. Under the ICAO Technical Instructions, spare oxygen cylinders of a similar size are also allowed to ensure an adequate supply for the duration of the journey. The operator's Operations Manual, which has been approved by the National Authority, will contain procedures on the use of oxygen bottles.

Nevertheless, for safety reasons, national authorities may decide to prohibit all oxygen bottles, irrespective of their size, from being carried on board by passengers. Where the national authorities allow oxygen bottles of less than 5 kg to be taken on board, it is still left to the discretion of the operator to accept them, also due to safety reasons (oxygen is highly flammable and it cannot be guaranteed that the bottles/valves have been maintained properly).  
If passengers have special needs, they should request more information from the airline at the time of booking.

Responsible person: 
EASA
Last updated: 
14/02/2014
Q2: What are the rules concerning the carriage of portable air concentrators (POC) on board? Can they be used during the whole flight?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT); Regulation (EC) No 1107/2006 on the right of disabled persons and persons with reduced mobility when travelling by air

Portable air concentrators (POC) do not contain oxygen as such; they only concentrate the oxygen in the surrounding area. Therefore they should not be confused with oxygen bottles/cylinders. Under the European regulations, POCs do not have to be approved to be carried and used on board.

As POCs contain batteries, they fall under the definition of portable electronic devices (PEDs).

In accordance with the European regulations (AMC1 CAT.GEN.MPA.140 (b)(2)(i)), medical equipment necessary to support physiological functions (i.e. POCs) does not need to be switched-off during any phases of the flight.

Regulation (EC) No 1107/2006 establishes the rights of disabled persons and persons with reduced mobility when travelling by air. Article 4(3) of this Regulation requires an air carrier or its agent to make publicly available the safety requirements and relevant information on restrictions. For more information on Regulation (EC) No 1107/2006, please refer to the Commission's interpretative guidelines on this regulation from 11.06.2012, which has been published on the Commission's website and can be accessed using this link.

If passengers have special needs, they should request more information from the airline at the time of booking.

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Part SPA

SPA.HEMS.110 Equipment requirements for HEMS operations specifies: "The installation of all helicopter dedicated medical equipment and any subsequent modifications and, where appropriate, its operation shall be approved in accordance with Regulation (EC) No 1702/2003". Does it mean that even a defibrillator or an oxylog has to be approved in accordance with Regulation (EC) 1702/2003 or (EU) 748/2012? Or does it mean that only the fix installed medical equipment, such as a stretcher or a fix provision, has to be approved?

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex V (Part SPA)

It is not the medical equipment itself that has to be approved in accordance with Regulation (EU) No 748/2012, but its installation on the helicopter. Therefore, if it is a fixed installed equipment, it has to be approved; if it is removable, the housing or any other part which is installed has to be approved. In general terms, the principle applied here is that no kind of equipment (medical or not, installed or not) shall affect the airworthiness or the safe operation of the aircraft even in the case of failures or malfunctions.

This means, for example, that if the equipment is powered by a power source of the aircraft, there shall be no adverse effect on the power source itself or on other systems or parts of the aircraft, or that the equipment is checked and cleared against electromagnetic interference.

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Part NCC/NCO

Why are non-commercial operations treated in two Parts, i.e. Part NCC (non-commercial with complex motor-powered aircraft and a Part NCO (non-commercial with other-than-complex motor-powered-aircraft)?

The rules concerning non-commercial operations are developed separately for complex motor-powered aircraft (MPA) and other-than-complex MPA because it does not make sense to have the same requirements apply to operations with an Airbus 320 for example and a Cessna 172. This way, the principle of proportionality of rules is preserved.

Responsible person: 
EASA
Last updated: 
14/02/2014
Back to top

Aircrew Regulation

When will the new rules on pilot licensing be applicable?

The new Implementing Rules implementing the requirements set out in Regulation (EC) No 216/2008 in the field of pilot licensing were published as Commission Regulation (EU) No 1178/2011 on Aircrew in the Official Journal of the European Union on 25 November 2011.
In November 2011, the first four annexes to Commission Regulation (EU) No 1178/2011 on Aircrew were published:

  • Annex I - Part-FCL (flight crew licensing)
  • Annex II - Conditions for the conversion of existing national licences and ratings for aeroplanes and helicopters
  • Annex III - Conditions for the acceptance of licences issued by or on behalf of third countries
  • Annex IV - Part-MED (medical).

The remaining annexes were published in the Official Journal of the European Union on 5 April 2012 as Commission Regulation (EU) No 290/2012 amending Commission Regulation (EU) No 1178/2011 on Aircrew. These annexes are:

  • Annex V - Part-CC (cabin crew)
  • Annex VI - Part-ARA (authority requirements for aircrew)
  • Annex VII - Part-ORA (organisation requirements for aircrew)

As stated in Article 12 paragraph 1 of Commission Regulation (EU) No 1178/2011 on Aircrew, the application date was 8 April 2012, though by way of derogation from this paragraph in accordance with Article 1 paragraph (6) and Article 2 paragraph 2. (a) of Commission Regulation (EU) No 290/2012, Member States could decide not to apply the provisions of the aforementioned Annexes until 8 April 2013.
The amending Regulation introduced additional transition measures deferring the applicability of certain Implementing Rules to a later date. Therefore the exact date of applicability of each requirement depends on the transition measures introduced by the Member States. 
Until the date the new Implementing Rules apply, Member States national rules remain in force. 
The related Acceptable Means of Compliance and Guidance Material to:

Responsible person: 
EASA
Last updated: 
09/04/2013
What is the difference between the terms FCL (Flight Crew Licensing) and Aircrew?

Aircrew is the common term for "Flight Crew" and "Cabin Crew".
The new Implementing Rules cover both flight crew and cabin crew, and were published as Commission Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew and its amending Regulation (EU) No 290/2012 (further information is available here).

Annex I to the above-mentioned Regulation on Aircrew contains Implementing Rules for Flight Crew (Part-FCL).

Annex V to this Regulation on Aircrew contains Implementing Rules for Cabin Crew (Part-CC).

Responsible person: 
EASA
Last updated: 
11/04/2012
How can a national pilot licence be converted into an EASA pilot licence?

In accordance with Regulation (EC) No 216/2008 in the field of pilot licensing, the Agency is not authorised to issue pilot licences and therefore there will not be any EASA pilot licence in the future.

According to Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 on Aircrew, the title of a new licence issued in accordance with this Annex is a Part-FCL licence.

National licences shall be converted into Part-FCL licences by the competent authority of the Member State that issued the national licence in accordance with Article 4 of Commission Regulation (EU) No 1178/2011 on Aircrew and its amending Commission Regulation (EU) No 290/2012.

Conclusion:
The competent authorities of Member States will convert and issue Part-FCL licences and not the Agency.

Responsible person: 
EASA
Last updated: 
11/04/2012
How can a national pilot licence be converted into a Part-FCL licence?

Existing national pilots licences will be converted in accordance with Article 4 of Commission Regulation (EU) No 1178/2011 on Aircrew and its amending Commission Regulation (EU) No 290/2012.

JAR-compliant licences issued or recognised by the Member State before the applicability of Commission Regulation (EU) No 1178/2011 on Aircrew shall be deemed to have been issued in accordance with this Regulation, and shall be replaced with a Part-FCL licence by 8 April 2018 at the latest.

Non-JAR-compliant licences, including any associated ratings, certificates, authorisations and/or qualifications issued or recognised by the Member State before applicability of Commission Regulation (EU) No 1178/2011 on Aircrew shall be converted into Part-FCL licences by the Member State that issued the licence in accordance with the provisions of Annex II to that Regulation or the requirements laid down in a conversion report.

As stated in Commission Regulation (EU) No 1178/2011 on Aircrew, the application date was 8 April 2012, though flexibility was introduced via transition measures contained in Article 12 of Regulation (EU) No 1178/2011 on Aircrew and Article 1 paragraph (6) of Regulation (EU) No 290/2012.

Responsible person: 
EASA
Last updated: 
09/04/2013
How can a third country (non-EU) licence be converted into a Part-FCL licence?

Pilots licences issued by third countries will be accepted in accordance with Article 8 of Commission Regulation (EU) No 1178/2011 on Aircrew .

According to paragraph 1 of this Article 8, the Member State may accept a third country licence, and the associated medical certificate, in accordance with the provisions of Annex III to the Regulation.
For the issue of a Part-FCL licence, the holder of at least an equivalent third country licence issued in accordance with ICAO Annex 1 shall comply with all the relevant requirements of Annex I to the Regulation (Part-FCL), except that the requirements of course duration, number of lesson and specific training hours may be reduced.

As stated in Article 12 of Commission Regulation (EU) No 1178/2011 on Aircrew, the application date was 8 April 2012, though by way of derogation from this paragraph, Member States could decide not to apply the provisions of Annex I to pilots holding a licence and associated medical certificate issued by a third country involved in non-commercial flights until 8 April 2014.

The competent authority of the Member State to which an applicant applies will determine the conversion requirements, which can be reduced on the basis of a recommendation from an approved training organisation.

Therefore, the national aviation authority of the Member State where an applicant resides or wishes to work should be contacted for further information concerning the applicable acceptance requirements.

To find a list of the national aviation authorities, please follow this link.

Responsible person: 
EASA
Last updated: 
09/04/2013
Will a licence issued in accordance with JAR-FCL requirements still be valid once the new rules become applicable?

Commission Regulation (EU) No 1178/2011 on Aircrew contains transition measures to ensure that JAR-FCL licences issued by Member States in accordance with JAR-FCL requirements and procedures will be grandfathered.

This means that holders of JAR compliant pilots' licences can continue to exercise the privileges of their licences after Commission Regulation (EU) No 1178/2011 on Aircrew applies, without the need for any further administrative procedures, but these licences shall be replaced with Part-FCL licences by 8 April 2018 at the latest. Further information can be found in paragraph 3 of Article 1 of Commission Regulation (EU) No 290/2012 on Aircrew (which amends the date of 8 April 2017 as stated in paragraph 1 of Article 4 of Commission Regulation (EU) No 1178/2011).

Please note that Member States are not forced to replace valid JAR pilots' licences before the end of their validity period as these licences will be deemed to have been issued under the Part-FCL requirements.

Responsible person: 
EASA
Last updated: 
09/04/2013
Will a national licence that does not comply with JAR-FCL requirements still be valid once the new rules become applicable?

Once Commission Regulation (EU) No 1178/2011 on Aircrew becomes applicable in a certain Member State, it will no longer be possible to fly with a licence that does not comply with those requirements (except in the case of aircraft included in Annex II to Regulation (EC) No 216/2008, according to Article 4(5)). 
Consequently, a national licence will need to be converted into a Part-FCL licence. To deal with those licences issued by Member States in accordance with national rules deviating from JAR-FCL, transition measures have been established in Commission Regulation (EU) No 1178/2011 on Aircrew. These transition measures foresee a certain amount of time to convert the national licences into fully compliant Part-FCL licences.

As stated in Article 12 of Commission Regulation (EU) No 1178/2011 on Aircrew, the application date is 8 April 2012, though by way of derogation from this paragraph, Member States may decide not to apply the provisions of Annex I related to pilot licences of powered-lift aircraft, balloons, airships and sailplanes until 8 April 2015. 
Member States may also decide not to convert non-JAR-compliant aeroplane and helicopter licences that they have issued until 8 April 2014.

Non-JAR compliant national licences may be converted into Part-FCL licences by the competent authority as follows: 

Responsible person: 
EASA
Last updated: 
11/04/2012
Could the Agency assist with interpreting the JAR-FCL requirements?

JAR-FCL was drafted to harmonise European regulations on flight crew licensing in order to facilitate mutual recognition of licences and ratings. However, the Joint Aviation Requirements (JAR) (see the JAA publications) have been implemented under national law and under the full responsibility of each Member State.

Therefore the Rulemaking Directorate is not in the position to interpret or make comments on JAR-FCL requirements. In addition, please note that the Agency cannot intervene in cases where the national JAR text deviates from the original.

The national aviation authorities are responsible for interpreting and implementing JAR-FCL requirements.
We therefore recommend that for assistance in interpreting the JAR-FCL requirements, the national aviation authorities should be contacted directly.

A list of the national aviation authorities can be found here.

Responsible person: 
EASA
Last updated: 
11/04/2012
To whom can an appeal against the examination/test/check results be sent?

If an applicant does not agree with the result of his/her assessment, he/she can only resolve this problem at the national level.

An applicant cannot apply to the EASA management regarding a decision taken by his/her national aviation authority. Appeals to the Agency can only be made against decisions of the Agency.

Therefore the applicant should resolve this problem on the national level by sending his/her complaints to the national body dealing with complaints against state authorities.

Responsible person: 
EASA
Last updated: 
29/02/2012
Could the European Central Question Bank be published?

The Agency is the administrator of the European Central Question Bank (ECQB).

Taking into account that:

  1. Ownership of the copyright of the ECQB database is vested to the European Aviation Safety Agency; and
  2. Ownership of the contents of the database remains vested to its respective owners; and
  3. The possession, management and administration of the contents of the database have been fully vested in the hands of the Agency; and
  4. The contents of the database are confidential and have been treated as such without interruption.

The Agency, acting in the capacity of copyright owner and administrator of the database, enjoys the exclusive right among others, to prevent temporary or permanent reproduction by any means and in any form, as well as to prevent any form of distribution to the public of the database or of copies thereof.

It is the opinion of the Agency that such reproduction and distribution would endanger the functionality and integrity of the applicable examination system and would invalidate the associated substantial investment in both intellectual and monetary terms.

Responsible person: 
EASA
Last updated: 
09/04/2013
How can a military licence be converted to a civilian one?

The EU rules for recognising military licences can be found in Commission Regulation (EU) No 1178/2011 on Aircrew. Article 10 states that the knowledge, experience and skill gained in military service shall be credited towards the relevant requirements of Part-FCL in accordance with the principles of a credit report established by the competent authority of the Member State where a pilot served, in consultation with the Agency.

Therefore, the competent authority of the Member State where the pilot served should be contacted and asked for the provisions applicable for such credits.

Responsible person: 
EASA
Last updated: 
09/04/2013
Part-FCL does not include any provisions to allow cloud flying for sailplane pilots. Does this mean that the Agency intends to exclude this possibility?

Not at all. The Agency considered that this issue needed to be discussed in a specific rulemaking task on general conditions for flying in instrument meteorological conditions (IMC) rulemaking task FCL.008 / RMT.0198, 0199.

The Agency started working on this rulemaking task at the end of 2008. It covers the review of the requirements for flying in IMC (aeroplanes and sailplanes).

The Notice of Proposed Amendment (NPA 2011-16) was published in September 2011 for public consultation and contained a specific proposal for cloud flying with sailplanes.

After a period of public consultation, the Agency published the Comment Response Document (CRD 2011-16) in October 2012. After the review period ended December 2012, the Agency commenced drafting the Opinion.

The Opinion is planned to be published in April 2013.

Responsible person: 
EASA
Last updated: 
19/02/2013
Is it correct that EASA is currenty working on the training and checking requirements for the instrument rating?

Yes, this is correct. The Agency initiated a task referenced RMT.0198 and RMT.0199 (former FCL.008) in order to review the existing requirements for the Instrument Rating (IR) and to consider if, especially for private pilots, a more accessible IR should be developed.

A rulemaking group was established at the end of 2008. Based on the draft proposals of this group the Agency published a Notice of Proposed Amendment (NPA 2011-16 ) in September 2011.

After a period of public consultation, the Agency published the Comment Response Document (CRD 2011-16) in October 2012. After the review period ended December 2012, the Agency commenced drafting the Opinion.

The Opinion 03/2013 was published in April 2013. It contains a more accessible and competency-based instrument instrument rating, an en-route instrument rating (EIR) and a sailplane cloud flying rating.

Commission Regulation (EU) No 245/2014 amending Commission Regulation (EU) No 1178/2011 of 3 November 2011, was published in the Official Journal on 14 March 2014 and will be in force on 3 April 2014. At present the Agency is working on the finalisation of the AMC/GM material regarding this Regulation.

Responsible person: 
EASA
Last updated: 
20/08/2013
Back to top