COMMISSION REGULATION (EU) No 1178/2011
of 3 November 2011
laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council
Regulation (EU) No 1178/2011
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC5 OJ L 79, 19.3.2008, p. 1., and in particular Articles 7(6), 8(5) and 10(5) thereof,
Whereas:
(1) Regulation (EC) No 216/2008 aims at establishing and maintaining a high uniform level of civil aviation safety in Europe. That Regulation provides for the means of achieving that objective and other objectives in the field of civil aviation safety.
(2) Pilots involved in the operation of certain aircraft, as well as flight simulation training devices, persons and organisations involved in training, testing or checking of those pilots, have to comply with the relevant essential requirements set out in Annex III to Regulation (EC) No 216/2008. According to that Regulation pilots as well as persons and organisations involved in their training should be certified once they have been found to comply with essential requirements.
(3) Similarly, pilots should be issued with a medical certificate and aero-medical examiners, responsible for assessing the medical fitness of pilots, should be certified once they have been found to comply with the relevant essential requirements. However, Regulation (EC) No 216/2008 envisages the possibility of general medical practitioners to act as aero-medical examiners under certain conditions and if permitted under national law.
(4) Cabin crew involved in the operation of certain aircraft have to comply with the relevant essential requirements set out in Annex IV to Regulation (EC) No 216/2008. According to that Regulation, cabin crew should be periodically assessed for medical fitness to safely exercise their assigned safety duties. Compliance must be shown by an appropriate assessment based on aero-medical best practice.
(5) Regulation (EC) No 216/2008 requires the Commission to adopt the necessary implementing rules for establishing the conditions for certifying pilots as well as persons involved in their training, testing or checking, for the attestation of cabin crew members and for the assessment of their medical fitness.
(6) The requirements and procedures for the conversion of national pilot licences and national flight engineer licences into pilot licences should be laid down, to ensure that they are allowed to perform their activities under harmonised conditions; flight test qualifications should also be converted in accordance with this Regulation.
(7) It should be possible for Member States to accept licences issued by third countries where a level of safety equivalent to that specified by Regulation (EC) No 216/2008 can be guaranteed; Conditions for the acceptance of licences issued by third countries should be laid down.
(8) In order to ensure that training commenced before the application of this Regulation may be taken into account for the purposes of obtaining pilots’ licences, the conditions for recognising training already completed should be laid down; the conditions for recognising military licences should also be laid down.
(9) It is necessary to provide sufficient time for the aeronautical industry and Member State administrations to adapt to the new regulatory framework, to allow Member States the time to issue specific types of pilot licences and medical certificates not covered by the ‘JAR’, and to recognise under certain conditions the validity of licences and certificates issued, as well as aero-medical assessment performed, before this Regulation applies.
(10) Council Directive 91/670/EEC of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation6 OJ L 373, 31.12.1991, p. 21. is repealed in accordance with Article 69(2) of Regulation (EC) No 216/2008. The measures adopted by this Regulation are to be regarded as the corresponding measures.
(11) In order to ensure a smooth transition and a high uniform level of civil aviation safety in the Union, implementing measures should reflect the state of the art, including best practices, and scientific and technical progress in the field of pilot training and aircrew aero- medical fitness. Accordingly, technical requirements and administrative procedures agreed by the International Civil Aviation Organisation (ICAO) and the Joint Aviation Authorities until 30 June 2009 as well as existing legislation pertaining to a specific national environment, should be considered.
(12) The Agency prepared draft implementing rules and submitted them as an opinion to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.
(13) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
Regulation (EU) 2020/359
1. This Regulation lays down detailed rules for:
(a) different ratings for pilot licences, the conditions for issuing, maintaining, amending, limiting, suspending or revoking pilot licences, the privileges and responsibilities of the holders of pilot licences, as well as the conditions for the conversion of existing national pilot licences and of national flight engineer licences into pilot licences;
(b) the certification of persons who are responsible for providing flight training or flight simulation training and for assessing pilots’ skills;
(c) different medical certificates for pilots, the conditions for issuing, maintaining, amending, limiting, suspending or revoking medical certificates, the privileges and responsibilities of the holders of medical certificates as well as the conditions for the conversion of national medical certificates into mutually recognised medical certificates;
(d) the certification of aero-medical examiners, as well as the conditions under which general medical practitioners may act as aero-medical examiners;
(e) the periodical aero-medical assessment of cabin crew members, as well as the qualification of persons who are responsible for that assessment;
(f) the conditions for issuing, maintaining, amending, limiting, suspending or revoking cabin crew attestations, as well as the privileges and responsibilities of the holders of cabin crew attestations;
(g) the conditions for issuing, maintaining, amending, limiting, suspending or revoking certificates of pilot training organisations and of aero-medical centres involved in the qualification and aero-medical assessment of civil aviation aircrew;
(h) the requirements for the certification of flight simulation training devices and for organisations that operate and use those devices;
(i) the requirements for the administration and management system to be fulfilled by the Member States, the European Union Aviation Safety Agency (‘EASA’) and organisations in relation to the rules referred to in points (a) to (h).
2. Articles 11b and 11c of this Regulation as well as Annex IV (Part-MED), Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to this Regulation shall apply to pilot licences for balloons and sailplanes.
Regulation (EU) 2020/359
For the purposes of this Regulation, the following definitions shall apply:
(1) ‘Part-FCL licence’ means a flight crew licence which complies with the requirements of Annex I;
(2) ‘JAR’ means joint aviation requirements adopted by the Joint Aviation Authorities as applicable on 30 June 2009;
(3) ‘Light aircraft pilot licence (LAPL)’ means the leisure pilot licence referred to in Article 7 of Regulation (EC) No 216/2008;
(5) ‘Non-JAR-compliant licence’ means the pilot licence issued or recognised by a Member State in accordance with national legislation and not having been recommended for mutual recognition in relation to the relevant JAR;
(6) ‘Credit’ means the recognition of prior experience or qualifications;
(7) ‘Credit report’ means a report on the basis of which prior experience or qualifications may be recognised;
(8) ‘Conversion report’ means a report on the basis of which a licence may be converted into a Part-FCL licence;
(11) ‘Cabin crew member’ means an appropriately qualified crew member, other than a flight crew or technical crew member, who is assigned by an operator to perform duties related to the safety of passengers and flight during operations;
(12) ‘Aircrew’ means flight crew and cabin crew;
(14) ‘acceptable means of compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EC) No 216/2008 and its implementing rules;
(15) ‘alternative means of compliance (AltMoC)’ means those means that propose an alternative to an existing AMC or those that propose new means to establish compliance with Regulation (EC) No 216/2008 and its implementing rules for which no associated AMC have been adopted by the Agency;
(16) ‘approved training organisation (ATO)’ means an organisation which is entitled to provide training to pilots on the basis of an approval issued in accordance with the first subparagraph of Article 10a(1);
(17) ‘basic instrument training device (BITD)’ means a ground-based training device for the training of pilots representing the student pilot's station of a class of aeroplanes, which may use screen-based instrument panels and spring-loaded flight controls, and providing a training platform for at least the procedural aspects of instrument flight;
(18) ‘certification specifications (CS)’ mean technical standards adopted by the Agency indicating means to be used by an organisation for the purpose of certification;
(19) ‘Flight instructor (FI)’ means an instructor with the privileges to provide training in an aircraft in accordance with Subpart J of Annex I (Part-FCL) to this Regulation, Subpart FI of Annex III (Part‑BFCL) to Regulation (EU) 2018/3957 Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10)., or Subpart FI of Annex III (Part-SFCL) to Implementing Regulation (EU) 2018/19768 Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64).;
(20) ‘flight simulation training device (FSTD)’ means a device for the training of pilots which is:
(a) in the case of aeroplanes, a full flight simulator (FFS), a flight training device (FTD), a flight and navigation procedures trainer (FNPT) or a basic instrument training device (BITD);
(b) in the case of helicopters, a full flight simulator (FFS), a flight training device (FTD) or a flight and navigation procedures trainer (FNPT);
(21) ‘FSTD qualification’ means the level of technical ability of an FSTD as specified in the certification specifications relating to the FSTD in question;
(22) ‘principal place of business’ of an organisation means the head office or registered office of the organisation within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;
(22a) ‘ARO.RAMP’ means the Subpart RAMP of Annex II to the Regulation on Air Operations;
(22b) ‘Automatically validated’ means the acceptance, without formalities, by an ICAO contracting State listed in the ICAO attachment of a flight crew licence issued by a State in accordance with Annex 1 to the Chicago Convention;
(22c) ‘ICAO attachment’ means an attachment to an automatically validated flight crew licence issued in accordance with Annex 1 to the Chicago Convention, which is mentioned under item XIII of the flight crew licence;
(23) ‘qualification test guide (QTG)’ means a document established to demonstrate that the performance and handling qualities of an FSTD represent those of the aircraft, class of aeroplane or type of helicopter, simulated within prescribed limits and that all applicable requirements have been met. The QTG includes both the data of the aircraft, class of aeroplane or type of helicopter and FSTD data used to support the validation;
(24) ‘declared training organisation (DTO)’ means an organisation which is entitled to provide training to pilots on the basis of a declaration made in accordance with the second subparagraph of Article 10a(1);
(25) ‘DTO training programme’ means a document established by a DTO, describing in detail the training course provided by that DTO.
ED Decision 2018/009/R
Following is a list of acronyms that are used throughout the AMC/GM to Regulation (EU) No 1178/2011:
(A) aeroplane
(H) helicopter
A/C aircraft
ACAS airborne collision avoidance system
AeMC aero-medical centre
ALARP as low as reasonably practicable
AMC acceptable means of compliance
AME aero-medical examiner
APU auxiliary power unit
ARA authority requirements for aircrew
ATO approved training organisation
ATPL airline transport pilot licence
BITD basic instrument training device
bpm beats per minute
CAT category
CC cabin crew
cm centimetre
CPL commercial pilot licence
CS certification specification
CS-FSTD(A) Certification Specifications for Aeroplane Flight Simulation Training Devices
CS-FSTD(H) Certification Specifications for Helicopter Flight Simulation Training Devices
dB decibel
DH decision height
DPATO defined point after take-off
DPBL decision point before landing
EC European Community
ECG electrocardiogram
ENT ear, nose and throat
EOG electro-oculography
ETOPS extended range operations with twin-engined aeroplanes
EU European Union
FANS future air navigation system
FD flight director
FEV1 forced expiratory volume in 1 second
FFS full flight simulator
FMECA failure mode, effects and criticality analysis
FMGC flight management and guidance computer
FMS flight management systemFNPT flight navigation and procedures trainer
FSTD flight simulation training device
FTD flight training device
FTE full-time equivalent
ft foot; feet
FVC forced vital capacity
GM guidance material
GPS global positioning system
HF human factors
Hg mercury
HUD/HUGS head-up display/head-up guidance system
Hz Herz
IATA International Air Transport Association
ICAO International Civil Aviation Organization
IGE in ground effect
ILS instrument landing system
IOS instructor operating station
IR implementing rule
IR instrument rating
kg kilogram
LDP landing decision point
LVTO low-visibility take-off
m metre
mm millimetre
OGE out of ground effect
ORA organisation requirements for aircrew
ORO organisation requirements for air operations
OSD operational suitability data
QTG qualification test guide
POM proof of match
ROD rate of descent
RVR runway visual range
TDP take-off decision point
VDR validation data roadmap
Article 3 — Pilot licensing and medical certification
Regulation (EU) No 245/2014
1. Without prejudice to Article 8 of this Regulation, pilots of aircraft referred to in Article 4(1)(b) and (c) and Article 4(5) of Regulation (EC) No 216/2008 shall comply with the technical requirements and administrative procedures laid down in Annex I and Annex IV to this Regulation.
2. Notwithstanding the privileges of the holders of licences as defined in Annex I to this Regulation, holders of pilot licences issued in accordance with Subpart B or C of Annex I to this Regulation may carry out flights referred to in Article 6(4a) of Regulation (EU) No 965/2012. This is without prejudice to compliance with any additional requirements for the carriage of passengers or the development of commercial operations defined in Subparts B or C of Annex I to this Regulation.
Article 4 — Existing national pilots’ licences
Regulation (EU) 2020/359
1. [Deleted]
2. Non-JAR-compliant licences including any associated ratings, certificates, authorisations and/or qualifications issued or recognised by a Member State before the applicability of this Regulation shall be converted into Part-FCL licences by the Member State that issued the licence.
3. Non-JAR-compliant licences shall be converted into Part- FCL licences and associated ratings or certificates in accordance with:
(a) the provisions of Annex II; or
(b) the elements laid down in a conversion report.
4. The conversion report shall:
(a) be established by the Member State that issued the pilot licence in consultation with the European Aviation Safety Agency (the Agency);
(b) describe the national requirements on the basis of which the pilot licences were issued;
(c) describe the scope of the privileges that were given to the pilots;
(d) indicate for which requirements in Annex I credit is to be given;
(e) indicate any limitations that need to be included on the Part-FCL licences and any requirements the pilot has to comply with in order to remove those limitations.
5. The conversion report shall include copies of all documents necessary to demonstrate the elements set out in points (a) to (e) of paragraph 4, including copies of the relevant national requirements and procedures. When developing the conversion report, Member States shall aim at allowing pilots to, as far as possible, maintain their current scope of activities.
6. Notwithstanding paragraph 3, holders of a class rating instructor certificate or an examiner certificate who have privileges for single-pilot high performance complex aircraft shall have those privileges converted into a type rating instructor certificate or an examiner certificate for single-pilot aeroplanes.
7. A Member State may authorise student pilots who follow a LAPL training course to exercise limited privileges without supervision before they meet all the requirements necessary for the issuance of a LAPL, subject to the following conditions:
(a) the scope of the privileges shall be based on a safety risk assessment carried out by the Member State, taking into account the extent of training necessary for the intended level of pilot competence to be achieved;
(b) the privileges shall be limited to the following:
(i) the whole or part of the national territory of the authorising Member State;
(ii) aircraft registered in the authorising Member State;
(iii) aeroplanes and helicopters, both as single-engine piston aircraft with a maximum take-off mass not exceeding 2000 kg, sailplanes and balloons;
(c) for training conducted under the authorisation, the holder of such an authorisation who applies for the issuance of a LAPL shall receive credits that are determined by the Member State on the basis of a recommendation from an ATO or a DTO;
(d) the Member State shall submit periodical reports and safety risk assessments to the Commission and to the Agency every 3 years;
(e) the Member States shall monitor the use of authorisations issued under this paragraph to ensure an acceptable level of aviation safety and take appropriate action in case of identifying an increased safety risk or any other safety concerns.
8. Until 8 September 2021, a Member State may issue an authorisation to a pilot to exercise specified limited privileges to fly aeroplanes under instrument flight rules before the pilot complies with all of the requirements necessary for the issue of an instrument rating in accordance with this Regulation, subject to the following conditions:
(a) the Member State shall only issue these authorisations when justified by a specific local need which cannot be met by the ratings established under this Regulation;
(b) the scope of the privileges granted by the authorisation shall be based on a safety risk assessment carried out by the Member State, taking into account the extent of training necessary for the intended level of pilot competence to be achieved;
(c) the privileges of the authorisation shall be limited to the airspace of the Member State’s national territory or parts of it;
(d) the authorisation shall be issued to applicants having completed appropriate training with qualified instructors and demonstrated the required competencies to a qualified examiner, as determined by the Member State;
(e) the Member State shall inform the Commission, EASA and the other Member States of the specificities of this authorisation, including its justification and safety risk assessment.
(f) the Member State shall monitor the activities associated with the authorisation to ensure an acceptable level of safety and take appropriate action in case of identifying an increased risk or any safety concerns;
(g) the Member State shall carry out a review of the safety aspects of the implementation of the authorisation and submit a report to the Commission by 8 April 2017 at the latest.
9. For licences issued before 19 August 2018, Member States shall comply with the requirements laid down in the second paragraph of point (a) of ARA.FCL.200 as amended by Commission Regulation (EU) 2018/10659 Commission Regulation (EU) 2018/1065 of 27 July 2018 amending Regulation (EU) No 1178/2011 as regards the automatic validation of Union flight crew licences and take-off and landing training (OJ L 192, 30.7.2018, p. 31). by 31 December 2022 at the latest.
Article 4a — Performance-based navigation instrument rating privileges
Regulation (EU) 2016/539
1. Pilots may only fly in accordance with performance-based navigation (“PBN”) procedures after they have been granted PBN privileges as an endorsement to their instrument rating (“IR”).
2. A pilot shall be granted PBN privileges where he or she fulfils all of the following requirements:
(a) the pilot has successfully completed a course of theoretical knowledge including PBN, in accordance with FCL.615 of Annex I (Part-FCL);
(b) the pilot has successfully completed flying training including PBN, in accordance with FCL.615 of Annex I (Part-FCL);
(c) the pilot has successfully completed either a skill test in accordance with Appendix 7 to Annex I (Part-FCL) or a skill test or a proficiency check in accordance with Appendix 9 of Annex I (Part-FCL).
3. The requirements of paragraph 2(a) and (b) shall be deemed to have been fulfilled where the competent authority considers that the competence acquired, either through training or from familiarity with PBN operations, is equivalent to the competence acquired through the courses referred to in paragraph 2(a) and (b) and the pilot demonstrates such competence to the satisfaction of the examiner at the proficiency check or skill test referred to in paragraph 2(c).
4. A record of the successful demonstration of competency in PBN shall, upon completion of the skill test or the proficiency check referred to in paragraph 2(c), be entered in the pilot's logbook or equivalent record and signed by the examiner who conducted the test or check.
5. IR pilots without PBN privileges may only fly on routes and approaches that do not require PBN privileges and no PBN items shall be required for the renewal of their IR, until 25 August 2020; after that date, PBN privileges shall be required for every IR.
Article 4b — Upset prevention and recovery training
Regulation (EU) 2018/1974
1. Upset prevention and recovery training shall become a mandatory part of a training course for a multi-crew pilot licence (MPL), an integrated training course for airline transport pilots for aeroplanes (ATP(A)), a training course for a commercial pilot licence for aeroplanes (CPL(A)) and training courses for a class or type rating for:
(a) single-pilot aeroplanes operated in multi-pilot operations;
(b) single-pilot non-high-performance complex aeroplanes;
(c) single-pilot high-performance complex aeroplanes; or
(d) multi-pilot aeroplanes;
in accordance with Annex I (Part-FCL).
2. For training courses referred to in paragraph 1 that commence before 20 December 2019 at an approved training organisation (ATO), upset prevention and recovery training shall not be mandatory provided that:
(a) CPL(A), ATP(A) or MPL training course is otherwise completed in accordance with Annex I (Part-FCL) and the skill test is completed in compliance with points FCL.320 (CPL), FCL.620 (IR) or FCL.415.A (MPL) of Annex I (Part-FCL) by 20 December 2021 at the latest; or
(b) class or type rating training course for the aeroplanes is otherwise completed in accordance with Annex I (Part-FCL) and the skill test is completed in compliance with the second subparagraph of paragraph (c) of point FCL.725 of Annex I (Part-FCL) to this Regulation by 20 December 2021 at the latest.
For the purpose of paragraph 1, the competent authority may on its own assessment and pursuant to a recommendation from an ATO give credit for any upset prevention and recovery training completed before 20 December 2019 under national training requirements.
Article 4c — Transitional measures for holders of an en route instrument rating
Regulation (EU) 2021/2227
1. Up to and including 8 September 2022, holders of an en route instrument rating (‘EIR’) set out in point FCL.825 of Annex I (Part-FCL) shall:
(a) be entitled to continue to exercise the privileges of their EIR;
(b) continue to be entitled to receive revalidation or renewal of their EIR, in accordance with point FCL.825(g) of Annex I (Part-FCL);
(c) be entitled to receive full credit towards the training requirements in point FCL.835(c)(2)(i) and (iii) of Annex I (Part-FCL), when applying for the issue of a basic instrument rating (BIR) in accordance with point FCL.835 of Annex I (Part-FCL); and
(d) continue to be entitled to receive full credit as established for EIR holders in Annex I (Part‑FCL).
2. As from 8 September 2021, training courses for an EIR referred to in paragraph 1, that have commenced prior to that date, can be continued and shall be regarded as training courses for a BIR. Based on an assessment of the applicant, the approved training organisation responsible for the BIR training course shall determine the amount of EIR training to be credited towards the issue of the BIR.
3. Applicants for a BIR who hold an EIR or have passed the theoretical knowledge examination for an EIR in accordance with point FCL.825(d) prior to 8 September 2021 shall receive full credit towards the requirements for the theoretical knowledge instruction and examination for the BIR.
Article 4d — Transitional measures for single-engine instrument rating privileges for helicopters
Regulation (EU) 2021/2227
Without prejudice to point FCL.630.H of Annex I (Part-FCL) to this Regulation, all of the following shall apply:
1. instrument ratings for helicopters (IR(H)) issued in accordance with Annex I (Part-FCL) to this Regulation before 30 October 2022 shall be deemed as IR(H) for both single-engine and multi‑engine helicopters and shall be reissued as such IR(H), when reissuing a helicopter pilot licence for administrative reasons.
2. Applicants who before 30 October 2022 commenced training for an IR(H) for either single‑engine or multi-engine helicopters shall be allowed to complete that training and, in such a case, be issued with an IR(H) for both single-engine and multi-engine helicopters.
Article 4e — Transitional measures for training, testing and checking related to multi-pilot operations in single-pilot helicopters
Regulation (EU) 2021/2227
1. Member States may decide to issue specific privileges for conducting training, skill tests and proficiency checks in multi-pilot operation in single-pilot helicopters to applicants who meet all of the following conditions:
(a) hold an instructor or examiner certificate, as applicable, issued in accordance with Annex I (Part-FCL) to this Regulation, including the privileges to instruct or to examine, as applicable, in the relevant type of helicopter;
(b) have completed the training specified in point FCL.735.H of Part-FCL;
(c) have experience in multi-pilot operation in helicopters at a level that is acceptable to the competent authority of that Member State.
2. The privileges issued in accordance with paragraph 1 shall be valid until 30 October 2025. In order to revalidate the privileges, applicants shall comply with the experience requirements for instructor and examiner privileges related to multi-pilot operation in single-pilot helicopters as set out in Part-FCL.
Article 6 — Conversion of flight test qualifications
Regulation (EU) No 1178/2011
1. Pilots who before this Regulation applies conducted category 1 and 2 flight tests as defined in the Annex to Commission Regulation (EC) No 1702/200310 OJ L 243, 27.9.2003, p. 6., or who provided instruction to flight test pilots, shall have their flight test qualifications converted into flight test ratings in accordance with Annex I to this Regulation and, where applicable, flight test instructor certificates by the Member State that issued the flight test qualifications.
2. This conversion shall be carried out in accordance with the elements established in a conversion report that complies with the requirements set out in Article 4(4) and (5).
Article 7 — Existing national flight engineers’ licences
Regulation (EU) No 1178/2011
1. In order to convert flight engineer licences, issued in accordance with Annex 1 to the Chicago Convention, into Part-FCL licences, holders shall apply to the Member State that issued the licences.
2. Flight engineer licences shall be converted into Part-FCL licences in accordance with a conversion report that complies with the requirements set out in Article 4(4) and (5).
3. When applying for the airline transport pilot licence (ATPL) for aeroplanes, the provisions on credit in FCL.510.A(c)(2) of Annex I shall be complied with.
Article 9 — Credit for training commenced prior to the application of this Regulation
Regulation (EU) 2019/1747
1. In respect of issuing Part-FCL licences in accordance with Annex I, training commenced prior to the application of this Regulation in accordance with the JARs and procedures, under the regulatory oversight of a Member State recommended for mutual recognition within the Joint Aviation Authorities’ system in relation to the relevant JARs, shall be given full credit provided that the training and testing were completed by 8 April 2016 at the latest and a Part-FCL licence is issued by 1 April 2020 at the latest.
2. Training commenced prior to the application of this Regulation in accordance with Annex 1 to the Chicago Convention shall be given credit for the purposes of issuing Part-FCL licences on the basis of a credit report established by the Member State in consultation with the Agency.
3. The credit report shall describe the scope of the training, indicate for which requirements of Part-FCL licences credit is given and, if applicable, which requirements applicants need to comply with in order to be issued with Part-FCL licences. It shall include copies of all documents necessary to demonstrate the scope of the training and of the national regulations and procedures in accordance with which the training was commenced.
Article 9a — Type rating training and operational suitability data
Regulation (EU) No 70/2014
1. Where the Annexes to this Regulation make reference to the operational suitability data established in accordance with Regulation (EU) No 748/2012, and that data is not available for the relevant type aircraft, the applicant for a type rating training course shall comply with the provisions of the Annexes of Regulation (EU) No 1178/2011 only.
2. Type rating training courses approved before the approval of the minimum syllabus of pilot type rating training in the operational suitability data for the relevant type of aircraft in accordance with Regulation (EU) No 748/2012 shall include the mandatory training elements not later than 18 December 2017 or within two years after the operational suitability data was approved, whichever is the latest.
Article 10 — Credit for pilot licences obtained during military service
Regulation (EU) No 1178/2011
1. In order for holders of military flight crew licences to obtain Part-FCL licences, they shall apply to the Member State where they served.
2. The knowledge, experience and skill gained in military service shall be given credit for the purposes of the relevant requirements of Annex I in accordance with the elements of a credit report established by the Member State in consultation with the Agency.
3. The credit report shall:
(a) describe the national requirements on the basis of which the military licences, ratings, certificates, authorisations and/or qualifications were issued;
(b) describe the scope of the privileges that were given to the pilots;
(c) indicate for which requirements of Annex I credit is to be given;
(d) indicate any limitations that need to be included on the Part-FCL licences and indicate any requirements pilots have to comply with to remove those limitations;
(e) include copies of all documents necessary to demonstrate the elements above, accompanied by copies of the relevant national requirements and procedures.
Article 10a — Pilot training organisations
Regulation (EU) 2021/2227
1. Organisations shall, in accordance with Article 24(2) of Regulation (EU) 2018/1139, be entitled to provide training to pilots involved in the operation of aircraft referred to in points (b)(i) and (ii) of Article (2)(1) of Regulation (EU) 2018/1139 only where those organisations have been issued by the competent authority with an approval confirming that they comply with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139 and with the requirements of Annex VII to this Regulation.
However, having regard to Article 24(6) of Regulation (EU) 2018/1139, organisations having their principal place of business in a Member State shall be entitled to provide the training referred to in point DTO.GEN.110 of Annex VIII to this Regulation without such approval inside the territory for which Member States are responsible under the Chicago Convention where they have made a declaration to the competent authority in accordance with the requirements laid down in point DTO.GEN.115 of that Annex and, where so required pursuant to point DTO.GEN.230(c) of that Annex, the competent authority has approved the training programme.
2. [deleted]
3. [deleted]
4. [deleted]
5. Pilot training organisations shall ensure that the IR training course they offer include training for PBN privileges compliant with the requirements of Annex I (Part-FCL) by 25 August 2020 at the latest.
6. Pilot training organisations that provide training for the IR(H) shall adapt their training programme to be compliant with Annex I by 30 October 2023.
Article 10b — Flight simulation training devices
Regulation (EU) 2019/1747
1. Flight simulation training devices (FSTDs) used for pilot training, testing and checking, with the exception of developmental training devices used for flight test training, shall comply with the technical requirements and administrative procedures laid down in Annexes VI and VII and shall be qualified.
Article 10c — Aero-medical centres
Regulation (EU) 2019/1747
1. Aero-medical centres shall comply with the technical requirements and administrative procedures laid down in Annexes VI and VII and shall be certified.
Article 11 — Cabin crew medical fitness
Regulation (EU) 2019/1747
1. Cabin crew members involved in the operation of aircraft referred to in Article 4(1)(b) and (c) of Regulation (EC) No 216/2008 shall comply with the technical requirements and administrative procedures laid down in Annex IV.
Article 11a — Cabin crew qualifications and related attestations
Regulation (EU) 2019/1747
1. Cabin crew members involved in commercial operation of aircraft referred to in Article 4(1)(b) and (c) of Regulation (EC) No 216/2008 shall be qualified and hold the related attestation in accordance with the technical requirements and administrative procedures laid down in Annexes V and VI.
2. [deleted]
3 [deleted]
4. Cabin crew members involved in commercial operations of helicopters on the date of application of this Regulation:
(a) shall be deemed to be compliant with the initial training requirements of Annex V if they comply with the applicable training, checking and recency provisions of the JARs for commercial air transportation by helicopters; or
(b) if they do not comply with the applicable training, checking and recency requirements of the JARs for commercial air transportation by helicopters, they shall complete all relevant training and checking required to operate on helicopter(s), except the initial training, before being deemed to be compliant with this Regulation; or
(c) if they have not operated in commercial operations by helicopters for more than 5 years, they shall complete the initial training course and shall pass the related examination as required in Annex V before being deemed to be compliant with this Regulation.
5. Without prejudice to Article 2, cabin crew attestations complying with the format laid down in Annex VI shall be issued to all cabin crew members involved in commercial operations by helicopters by 8 April 2013 at the latest.
Article 11b — Oversight capabilities
Regulation (EU) No 290/2012
1. Member States shall designate one or more entities as the competent authority within that Member State with the necessary powers and allocated responsibilities for the certification and oversight of persons and organisations subject to Regulation (EC) No 216/2008 and its implementing rules.
2. If a Member State designates more than one entity as competent authority:
(a) the areas of competence of each competent authority shall be clearly defined in terms of responsibilities and geographic limitation;
(b) coordination shall be established between those entities to ensure effective oversight of all organisations and persons subject to Regulation (EC) No 216/2008 and its implementing rules within their respective remits.
3. Member States shall ensure that the competent authority(ies) has/have the necessary capability to ensure the oversight of all persons and organisations covered by their oversight programme, including sufficient resources to fulfil the requirements of this Regulation.
4. Member States shall ensure that competent authority personnel do not perform oversight activities when there is evidence that this could result directly or indirectly in a conflict of interest, in particular when relating to family or financial interest.
5. Personnel authorised by the competent authority to carry out certification and/or oversight tasks shall be empowered to perform at least the following tasks:
(a) examine the records, data, procedures and any other material relevant to the execution of the certification and/or oversight task;
(b) take copies of or extracts from such records, data, procedures and other material;
(c) ask for an oral explanation on site;
(d) enter relevant premises, operating sites or means of transport;
(e) perform audits, investigations, assessments and inspections, including ramp inspections and unannounced inspections; and
(f) take or initiate enforcement measures as appropriate.
6. The tasks under paragraph 5 shall be carried out in compliance with the legal provisions of the relevant Member State.
Article 11c — Transitional measures
Regulation (EU) 2020/359
Member States shall:
(a) by 8 April 2021 at the latest, transfer to EASA all records related to the oversight of organisations that provide training for pilot licences in accordance with Regulation (EU) 2018/395 and Implementing Regulation (EU) 2018/1976 and for which EASA is the competent authority in accordance with Article 78 of Regulation (EU) 2018/1139 of the European Parliament and of the Council11 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).;
(b) in coordination with EASA, conclude, certification processes initiated before 8 April 2020 and issue the certificate following which EASA assumes all its responsibilities as a competent authority for those certified organisations.
Article 12 — Entry into force and application (of Commission Regulation (EU) No 1178/2011)
Regulation (EU) 2020/2193
1. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 8 April 2012.
2. [deleted]
3. [deleted]
4. By way of derogation from paragraph 1, Member States may decide not to apply the provisions of this Regulation until 20 June 2022, to pilots holding a licence and associated medical certificate issued by a third country involved in the non-commercial operation of aircraft as specified in Article 2(1)(b), points (i) or (ii), of Regulation (EU) 2018/1139. Member States shall make those decisions publicly available.
5. [deleted]
6. [deleted]
7. When a Member State makes use of the requirements of paragraphs 2a and 4, it shall notify the Commission and the Agency. This notification shall describe the reasons for such derogation as well as the programme for implementation containing actions envisaged and related timing.
8. By way of derogation from paragraph 1, point FCL.315.A, the second sentence of paragraph (a) of point FCL.410.A and paragraph (c) of point FCL.725.A of Annex I (Part-FCL) shall apply from 20 December 2019.
Commission Regulation (EU) No 290/2012 of 30 March 2012
Regulation (EU) 2015/445
1. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 8 April 2012.
2. By way of derogation from the second subparagraph of paragraph 1, Member States may decide not to apply the following provisions:
(a) Annexes V to VII until 8 April 2013;
(b) point ORA.GEN.200(a)(3) of Annex VII to FSTD qualification certificate holders not being an approved training organisation and not holding an air operator certificate until 8 April 2014;
(c) Annexes VI and VII to non-JAR-compliant approved training organisations and aero-medical centres until 8 April 2014;
(d) point CC.GEN.030 of Annex V until 8 April 2015;
(e) Annex V to cabin crew members involved in commercial operations by helicopters until 8 April 2015;
(f) Annexes VI and VII to training organisations providing training for flight test ratings in accordance with point FCL.820 of Annex I to Regulation (EU) No 1178/2011 until 8 April 2015.
3. When a Member State makes use of the provisions of paragraph 2, it shall notify the Commission and the Agency. This notification shall describe the duration and the reasons for such derogation as well as the programme for implementation containing actions envisaged and related timing.
Commission Regulation (EU) No 70/2014 of 27 January 2014
Regulation (EU) No 70/2014
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Commission Regulation (EU) No 245/2014 of 13 March 2014
Regulation (EU) No 245/2014
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Commission Regulation (EU) 2015/445 of 17 March 2015
Regulation (EU) 2015/445
1. This Regulation shall enter into force on 8 April 2015.
2. By way of derogation from paragraph 1, the amendments to the provisions in FCL315.A, FCL.410.A, FCL.725.A of Annex I shall apply from 8 April 2018.
3. By way of derogation from paragraph 1, Member States may decide not to apply the provisions of Annexes VI and VII to a training organisation providing training only for a national licence that is eligible in accordance with Article 4(3) of Regulation (EU) No 1178/2011, for conversion into a Part-FCL light aircraft pilot licence (LAPL), sailplane pilot licence (SPL) or balloon pilot licence (BPL) until 8 April 2018.
Commission Regulation (EU) 2016/539 of 6 April 2016
Regulation (EU) 2016/539
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 8 April 2016.
However, points 1, 2 and 4 of Article 1 shall apply from 25 August 2018, with the exception of point 1(g) of the Annex, which shall apply from 8 April 2016.
Commission Regulation (EU) 2018/1065 of 27 July 2018
Regulation (EU) 2018/1065
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Commission Regulation (EU) 2018/1119 of 31 July 2018
Regulation (EU) 2018/1119
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Commission Implementing Regulation (EU) 2018/1974 of 14 December 2018
Regulation (EU) 2018/1974
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
However:
(a) Article 1(1) shall apply from 20 December 2019.
(b) Article 1(4) shall apply from 20 December 2019.
(c) Notwithstanding point (b) above, points (2), (4), (5) and (12) of the Annex to this Regulation shall apply from 31 January 2022.
Commission Implementing Regulation (EU) 2019/27 of 19 December 2018
Regulation (EU) 2019/27
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Commission Implementing Regulation (EU) 2019/430 of 18 March 2019
Regulation (EU) 2019/430
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019
Regulation (EU) 2019/1747
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
However points (57), (58), (59) and (66) of the Annex to this Regulation shall apply from 21 December 2019.
Commission Implementing Regulation (EU) 2020/359 of 4 March 2020
Regulation (EU) 2020/359
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2. This Regulation shall apply from 8 April 2020.
3. By way of derogation from paragraph 2, the following provisions shall apply from 8 September 2021:
(a) points (1)(e), (4)(b), (5) to (7), (32), (34), (36)(d), (40)(a), (41); (42), (44), (46) to (48), (52)(f), (53)(a) to (53)(c) (53) (e), (53)(f), (54), (55), (56)(a) to (56)(c) and (57) of Annex I;
(b) point (b) of Annex II;
(c) point (10)(d)(ii) of Annex III.
4. By way of derogation from paragraph 2, Article 1 point (7) and points (49), (53)(d), (58)(b), (58)(d) and (58)(e) of Annex I shall apply from the day of entry into force of this Regulation.
Commission Implementing Regulation (EU) 2020/2193
of 16 December 2020
Regulation (EU) 2020/2193
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Point (1)(r) of Annex I and point (1)(a) of Annex II shall apply from 8 September 2021 and point (1)(p) of Annex I shall apply from 31 January 2022.
Commission Implementing Regulation (EU) 2021/2227
of 14 December 2021
Regulation (EU) 2021/2227
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 30 October 2022. However, point (1) of Article 1 shall apply as of the date of entry into force.
Commission Implementing Regulation (EU) 2023/203
of 27 October 2022
Regulation (EU) 2023/203
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 22 February 2026.
Regulation (EU) No 1178/2011
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 November 2011.
For the Commission
The President
José Manuel BARROSO