Opinion 08/2019 (A) & (B)

Subpart FC ‘Flight Crew’ of Annex III (Part-ORO) to Regulation (EU) No 965/2012 - Update of ORO.FC: evidence-based training (EBT)|Alignment of implementing rules with Regulation (EU) No 376/2014

This Opinion delivers the result of rulemaking task (RMTs): RMT.0599 ‘Update of ORO.FC’ and aircrew-related changes as resulting from RMT.0681 ‘Alignment of implementing rules and acceptable means of compliance/guidance material with Regulation (EU) No 376/2014’. The detailed structure of this Opinion is given in Section 1.1.

Opinion 08/2019 (A)

The objective of this Opinion regarding RMT.0599 is to update the flight crew training requirements to improve pilot competencies. The proposed requirements provide additional efficiency in the field of flight crew training and achieve a smooth transition to competency-based training. 

The present EBT Opinion is part of a global safety initiative endorsed by ICAO whose objective is to determine the relevance of the existing pilot training according to aircraft generation. EBT intends to improve safety and to enhance the capability of flight crews to operate the aircraft in all flight regimes and to be able to recognise and manage unexpected situations. The EBT concept is designed to maximise learning and minimise formal checking. 

This Opinion is a second step in the European rulemaking actions to implement EBT. The first step was completed in 2015 with the publication of ED Decision 2015/027/R that provided guidance material to allow the implementation of a 'mixed EBT’ which maintains the current operator proficiency check (OPC) and licence proficiency check (LPC). This Opinion proposes further changes to the Air OPS and Air Crew Regulations to allow authorities to approve the baseline EBT, which replaces OPC and LPC. This will allow a single philosophy of recurrent training within the airline. Further work is foreseen in the context of the activities of RMT.0599 to allow expansion of EBT to the operator conversion course and initial type rating, as well as to other types of aircraft (e.g. helicopters and business jets). 

The impact assessment (IA) shows that the implementation of EBT by the operator on a voluntary basis is the preferred option in regulating recurrent training and checking of flight crew. The IA illustrates that the proposed rules contribute to significant improvement in safety by strengthening the competencies of flight crews while providing a cost-efficient and socially acceptable framework.

Opinion 08/2019 (B)

The objective of this Opinion regarding RMT.0681 is to update Commission Regulation (EU) No 1178/2011 (the Aircrew Regulation) in order to be aligned with Regulation (EU) No 376/2014 as regards the reporting, analysis and follow-up of occurrences in civil aviation. 

The changes proposed through RMT.0681 aim at mitigating the risks of overlaps and ambiguities that exist in the current regulatory framework due to the coexistence of reporting requirements in the delegated and implementing acts of Regulation (EU) 2018/1139 (the Basic Regulation) and in Regulation (EU) No 376/2014 and its delegated and implementing acts. The proposed changes are expected to increase legal certainty, support EASA standardisation inspections in the area of Regulation (EU) No 376/2014, and support the implementation of effective occurrence-reporting systems as part of safety management.