ARA.FCL.200 Procedure for issue, revalidation or renewal of a licence, rating or certificate

Regulation (EU) 2020/2193

(a) Issue of licences and ratings. The competent authority shall issue a pilot licence and associated ratings, using the form as established in Appendix I to this Part.

If a pilot intends to fly outside Union territory on an aircraft registered in a Member State other than the Member State that issued the flight crew licence, the competent authority shall:

(1) add the following remark on the flight crew licence under item XIII: “This licence is automatically validated as per the ICAO attachment to this licence”; and

(2) make the ICAO attachment available to the pilot in print or electronic format.

(b) Issue of instructor and examiner certificates. The competent authority shall issue an instructor or examiner certificate as:

(1) an endorsement of the relevant privileges in the pilot licence as established in Appendix I to this Part; or

(2) a separate document, in a form and manner specified by the competent authority.

(c) Endorsement of licences by examiners. Before specifically authorising an examiner to revalidate or renew ratings or certificates, the competent authority shall develop appropriate procedures.

(d) Endorsement of licence by instructors. Before specifically authorising certain instructors to revalidate a single-engine piston or TMG class rating, the competent authority shall develop appropriate procedures.

(e) Instructors for FI(B) or FI(S) certificates: The competent authority shall develop appropriate procedures for the conduct of the training flights under supervision specified in:

 (1) points BFCL.315(a)(4)(ii) and BFCL.360(a)(2) of Annex III (Part-BFCL) to Regulation (EU) 2018/395; and

 (2) points SFCL.315(a)(7)(ii) and SFCL.360(a)(2) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.

AMC1 ARA.FCL.200(a)(1) Remark on the licence

ED Decision 2018/011/R

When issuing the licence with the remark on the licence item XIII: ‘This licence is automatically validated as per the ICAO attachment to this licence’, the competent authority should provide the holder of the licence with the ICAO attachment.

AMC1 ARA.FCL.200(a)(2) ICAO attachment

ED Decision 2018/011/R

The format of the ICAO attachment in electronic or paper format is the following:

 

 

EUROPEAN UNION

 

ICAO attachment to automatically validate licences

 

(Issue 1)

 

issued in accordance with Annex VII to Commission Regulation (EU) No 1178/2011

 

 

1.  The licence is automatically validated by all the ICAO States listed in point (2) under an agreement registered with ICAO. The ICAO Registration Number is: XXXX.

2.  The ICAO Contracting States that automatically validate this licence are:

[Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.]*

 

* Please select the applicable ICAO Contracting States

European Aviation Safety Agency

Date of issue: _______________­

ARA.FCL.205 Monitoring of examiners

Regulation (EU) No 245/2014

(a) The competent authority shall develop an oversight programme to monitor the conduct and performance of examinerstaking into account:

(1) the number of examiners it has certified; and

(2) the number of examiners certified by other competent authorities exercising their privileges within the territory where the competent authority exercises oversight.

(b) The competent authority shall maintain a list of examiners it has certified. The list shall state the privileges of the examiners and be published and kept updated by the competent authority.

(c) The competent authority shall develop procedures to designate examiners for the conduct of skill tests.

QUALIFICATION OF INSPECTORS

Inspectors of the competent authority supervising examiners should ideally meet the same requirements as the examiners being supervised. However, it is unlikely that they could be so qualified on the large variety of types and tasks for which they have a responsibility and, since they normally only observe training and testing, it is acceptable if they are qualified for the role of an inspector.

EBT PROGRAMME

The operator’s competent authority should include the EBT manager(s) in the programme of monitoring of examiners even if they hold an examiner certificate issued by another competent authority. At the discretion of the competent authority, this may also include an inspection of training delivery within the EBT programme.

EBT PROGRAMME — INSPECTION OF TRAINING DELIVERY

When the authority conducts an inspection of the FCL requirements (e.g. training delivery), it is advisable that the inspector of the competent authority follow the content of AMC1 ARO.OPS.226(a). This inspection may be combined with the oversight required in ARO.OPS.226 of Regulation (EU) No 965/2012.

ARA.FCL.210 Information for examiners

Regulation (EU) No 245/2014

(a) The competent authority shall notify the Agency of the national administrative procedures, requirements for protection of personal data, liability, accident insurance and fees applicable in its territory, which shall be used by examiners when conducting skill tests, proficiency checks or assessments of competence of an applicant for which the competent authority is not the same that issued the examiner’s certificate.

(b) To facilitate dissemination and access to the information received from competent authorities under (a), the Agency shall publish this information according to a format prescribed by it.

(c) The competent authority may provide examiners it has certified and examiners certified by other competent authorities exercising their privileges in their territory with safety criteria to be observed when skill tests and proficiency checks are conducted in an aircraft.

ARA.FCL.215 Validity period

Regulation (EU) No 290/2012

(a) When issuing or renewing a rating or certificate, the competent authority or, in the case of renewal, an examiner specifically authorised by the competent authority, shall extend the validity period until the end of the relevant month.

(b) When revalidating a rating, an instructor or an examiner certificate, the competent authority, or an examiner specifically authorised by the competent authority, shall extend the validity period of the rating or certificate until the end of the relevant month.

(c) The competent authority, or an examiner specifically authorised for that purpose by the competent authority, shall enter the expiry date on the licence or the certificate.

(d) The competent authority may develop procedures to allow privileges to be exercised by the licence or certificate holder for a maximum period of 8 weeks after successful completion of the applicable examination(s), pending the endorsement on the licence or certificate.

ARA.FCL.220 Procedure for the re-issue of a pilot licence

Regulation (EU) No 290/2012

(a) The competent authority shall re-issue a licence whenever necessary for administrative reasons and:

(1) after initial issue of a rating; or

(2) when paragraph XII of the licence established in Appendix I to this Part is completed and no further spaces remain.

(b) Only valid ratings and certificates shall be transferred to the new licence document.

ARA.FCL.250 Limitation, suspension or revocation of licences, ratings and certificates

Regulation (EU) 2020/359

(a) The competent authority shall limit, suspend or revoke as applicable a pilot licence and associated ratings or certificates in accordance with ARA.GEN.355 in, but not limited to, the following circumstances:

(1) obtaining the pilot licence, rating or certificate by falsification of submitted documentary evidence;

(2) falsification of the logbook and licence or certificate records;

(3) the licence holder no longer complies with the applicable requirements of Annex I (Part‑FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part‑SFCL) to Commission Implementing Regulation (EU) 2018/1976;

(4) exercising the privileges of a licence, rating or certificate when adversely affected by alcohol or drugs;

(5) non-compliance with the applicable operational requirements;

(6) evidence of malpractice or fraudulent use of the certificate; or

(7) unacceptable performance in any phase of the flight examiner’s duties or responsibilities.

(b) The competent authority may also limit, suspend or revoke a licence, rating or certificate upon the written request of the licence or certificate holder.

(c) All skill tests, proficiency checks or assessments of competence conducted during suspension or after the revocation of an examiner’s certificate will be invalid.