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:
- for aeroplanes and helicopters, in accordance with the requirements of Annex II to Commission Regulation (EU) No 1178/2011 on Aircrew ;
- for other categories of aircraft, on the basis of a conversion report drawn up by the competent authority.