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Document 32020R0359
Commission Implementing Regulation (EU) 2020/359 of 4 March 2020 amending Regulation (EU) No 1178/2011 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 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2020/359 of 4 March 2020 amending Regulation (EU) No 1178/2011 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 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2020/359 of 4 March 2020 amending Regulation (EU) No 1178/2011 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 (Text with EEA relevance)
C/2020/1034
OJ L 67, 5.3.2020, p. 82–108
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
5.3.2020 |
EN |
Official Journal of the European Union |
L 67/82 |
COMMISSION IMPLEMENTING REGULATION (EU) 2020/359
of 4 March 2020
amending Regulation (EU) No 1178/2011 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
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Articles 23 and 27 thereof,
Whereas:
(1) |
Commission Regulation (EU) No 1178/2011 (2) lays down the requirements for pilots who are involved in the operation of aircraft as specified in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139. |
(2) |
In light of the specific nature of flight crew licensing for balloons and sailplanes, dedicated licensing requirements should be laid down in separate regulations, namely in Commission Regulation (EU) 2018/395 (3) and Commission Implementing Regulation (EU) 2018/1976 (4). |
(3) |
At the same time, the licensing requirements for balloon and sailplane pilot licences laid down in Annex I (Part-FCL) to Regulation (EU) No 1178/2011 should be deleted and some requirements of Annex I (Part-FCL) that address cross-domain issues, such as crediting provisions between balloon or sailplane pilot licences and licences for other aircraft categories, should be revised in light of the new licensing requirements for balloon and sailplane pilots. |
(4) |
The requirements of Annex IV (Part-MED) Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to Regulation (EU) No 1178/2011 should continue to apply to balloon and sailplane flight crew licensing. |
(5) |
In order to further improve aviation safety, pilots that are engaged in aerial sport and recreational activities should be encouraged to obtain privileges for flying in accordance with instrument flight rules (‘IFR’). Therefore, the existing rules concerning IFR privileges should be adapted by introducing the basic instrument rating (‘BIR’) in Annex I (Part-FCL) to Regulation (EU) No 1178/2011. The BIR should be specifically tailored to the needs of pilots who are engaged in aerial sport and recreational flying activities as regards the content of their training and the scope of their privileges. |
(6) |
With the introduction of the BIR, the en route instrument rating (‘EIR’) in point FCL.825 of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 becomes redundant and therefore it should be deleted. However, the existing EIR holders should be entitled to continue to exercise their privileges and should receive credits from their EIR when they seek to obtain a BIR. It should also be possible to continue an on-going training for an EIR that commenced prior to the application of this Regulation and to complete it as training for a BIR. |
(7) |
Technical update to Regulation (EU) No 1178/2011 should be made on basis of lessons learned in particular in the area of Performance Based Navigation (PBN), Upset Prevention and Recovery Training (UPRT) and instructor and examiner qualifications. |
(8) |
The measures provided for in this Regulation are based on Opinion No 01/2019 (5) of the European Union Aviation Safety Agency in accordance with point (b) of Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139. |
(9) |
The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 1178/2011 is amended as follows:
(1) |
Article 1 is replaced by the following: ‘Article 1 Subject matter 1. This Regulation lays down detailed rules for:
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.’ |
(2) |
in Article 2, paragraph 19 is replaced by the following:
(*1) 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)." (*2) 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).’;" |
(3) |
In article 4, paragraph 8, ‘8 April 2021’ is replaced by ‘8 September 2021’. |
(4) |
the following Article 4c is inserted: ‘Article 4c Transitional measures for holders of an en route instrument rating 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:
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. (*3) Commission Delegated Regulation (EU) of 4 March 2020 (not yet published in the Official Journal).’;" |
(5) |
Article 11c is replaced by the following: ‘Article 11c Transitional measures Member States shall:
(*4) 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).’;" |
(6) |
in Article 12, point (2a) is deleted; |
(7) |
in Article 12(4), ‘20 June 2020’ is replaced by ‘20 June 2021’ |
(8) |
Annex I (Part-FCL) is amended in accordance with Annex I to this Regulation; |
(9) |
Annex IV (Part-MED) is amended in accordance with Annex II to this Regulation; |
(10) |
Annex VI (Part-ARA) is amended in accordance with Annex III to this Regulation; |
(11) |
Annex VII (Part-ORA) is amended in accordance with Annex IV to this Regulation; |
(12) |
Annex VIII (Part-DTO) is amended in accordance with Annex V to this Regulation. |
Article 2
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 March 2020.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 212, 22.8.2018, p. 1.
(2) 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 (OJ L 311, 25.11.2011, p. 1).
(3) 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).
(4) 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).
(5) Easier access for GA pilots to IFR flying & Revision of the balloon and sailplane licensing requirements, (Opinion No 01/2019 (A) & (B), 19.02.2019), available at: https://www.easa.europa.eu/document-library/opinions
ANNEX I
Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 is amended as follows:
(1) |
Point FCL.010 is amended as follows:
|
(2) |
point FCL.015 in amended as follows:
|
(3) |
in point FCL.020, paragraph (b) is replaced by the following:
|
(4) |
point FCL.025(c)(1) is amended as follows:
|
(5) |
in point FCL.030, the following paragraph (c) is added:
|
(6) |
in point FCL.035, paragraph (b) is replaced by the following:
|
(7) |
point FCL.055 is amended as follows:
|
(8) |
point FCL.060 is amended as follows:
|
(9) |
point FCL.065 is amended as follows:
|
(10) |
point FCL.100 is replaced by the following: ‘FCL.100 LAPL – Minimum age Applicants for the LAPL for aeroplanes or helicopters shall be at least 17 years old.’; |
(11) |
point FCL.120 is replaced by the following: ‘FCL.120 LAPL – Theoretical knowledge examination Applicants for an LAPL shall demonstrate a level of theoretical knowledge appropriate to the privileges granted, through examinations on the following:
|
(12) |
in point FCL.110.A, paragraph (b) is replaced by the following:
|
(13) |
in point FCL.135.A, the following paragraph (c) is added:
|
(14) |
Sections 4 and 5 of Subpart B are deleted; |
(15) |
the title of Subpart C is replaced by the following: ‘ PRIVATE PILOT LICENCE (PPL) ’; |
(16) |
point FCL.200 is replaced by the following: ‘FCL.200 Minimum age Applicants for a PPL shall be at least 17 years old.’; |
(17) |
in point FCL.210, paragraphs (a) and (b) are replaced by the following:
|
(18) |
point FCL.215 is replaced by the following: ‘FCL.215 Theoretical knowledge examination Applicants for a PPL shall demonstrate a level of theoretical knowledge appropriate to the privileges granted through examinations in the following subjects:
|
(19) |
point FCL.235 is amended as follows:
|
(20) |
in point FCL.210.A, paragraph (c) is amended as follows:
|
(21) |
in point FCL.210.As, paragraph (b) is replaced by the following:
|
(22) |
in Subpart C, Sections 5 and 6 are deleted; |
(23) |
point FCL.600 is replaced by the following: ‘FCL.600 IR – General Except as provided in point FCL.835, operations under IFR on an aeroplane, helicopter, airship or powered-lift aircraft shall be conducted only by holders of a PPL, CPL, MPL and ATPL with an IR appropriate to the category of aircraft or, if an IR appropriate to the category of aircraft is not available, only while undergoing skill testing or dual instruction.’; |
(24) |
in point FCL.620, the following point (c) is added:
|
(25) |
in point FCL.700, paragraph (a) is replaced by the following:
|
(26) |
in point FCL.725, the following paragraph (f) is added:
|
(27) |
point FCL.740.A is amended as follows:
|
(28) |
point FCL.800 is amended as follows:
|
(29) |
point FCL.805 is amended as follows:
|
(30) |
point FCL.810 is amended as follows:
|
(31) |
in point FCL.815, the introductory sentence of paragraph (a) is replaced by the following:
|
(32) |
point FCL.825 is deleted; |
(33) |
point FCL.830 is deleted; |
(34) |
the following point FCL.835 is inserted: ‘FCL.835 Basic instrument rating (BIR)
|
(35) |
point FCL.915(c)(1) is replaced by the following:
|
(36) |
point FCL.905.FI is amended as follows:
|
(37) |
point FCL.910.FI is amended as follows:
|
(38) |
in point FCL.915.FI, paragraphs (e) and (f) are deleted; |
(39) |
paragraph (b) of point FCL.930.FI is amended as follows:
|
(40) |
paragraph (a) of point FCL.940.FI is amended as follows:
|
(41) |
in point FCL.905.TRI, paragraph (a) is replaced by the following:
|
(42) |
in point FCL.905.IRI, paragraph (a) is replaced by the following:
|
(43) |
point FCL.915.IRI is replaced by the following: ‘FCL.915.IRI Applicants for an IRI certificate shall:
|
(44) |
in point FCL.905.STI, paragraph (a)(2) is replaced by the following:
|
(45) |
in point FCL.1005.FE, paragraphs (d) and (e) are deleted. |
(46) |
in point FCL.1005.TRE, paragraph (a)(2) is replaced by the following:
|
(47) |
in point FCL.1005.CRE, paragraph (b)(4) is replaced by the following:
|
(48) |
point FCL.1005.IRE is replaced by the following: ‘FCL.1005.IRE IRE – Privileges The privileges of holders of an instrument rating examiner (IRE) certificate are to conduct skill tests for the issue and proficiency checks for the revalidation or renewal of BIRs and IRs.’; |
(49) |
in point FCL.1010.SFE, paragraphs (a) (1) and (2) are amended as follows:
|
(50) |
in point FCL.1005.FIE, paragraph (c) is amended as follows:
|
(51) |
in point FCL.1010.FIE, paragraphs (d) and (e) are deleted; |
(52) |
Appendix 1 is amended as follows:
|
(53) |
Appendix 3 is amended as follows:
|
(54) |
in Appendix 6, Chapter A is amended as follows:
|
(55) |
in Appendix 6, Chapter Aa is amended as follows:
|
(56) |
Appendix 7 is amended as follows:
|
(57) |
the title of Appendix 9 replaced by ‘Training, skill test and proficiency check for MPL, ATPL, type and class ratings, and proficiency check for the BIR and IR’. |
(58) |
Appendix 9 is amended as follows:
|
ANNEX II
Point MED.A.030 of Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011 is amended as follows:
(a) |
paragraph (c) is replaced by the following:
|
(b) |
paragraph (e) is replaced by the following:
|
ANNEX III
Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011 is amended as follows:
(1) |
in point ARA.GEN.220, paragraph (b) is replaced by the following:
|
(2) |
point ARA.GEN.350 is amended as follows:
|
(3) |
in point ARA.GEN.360, point (a) is replaced by the following:
|
(4) |
in point ARA.FCL.200, the following paragraph (e) is added:
|
(5) |
in point ARA.FCL.250(a), subparagraph (3) is replaced by the following:
|
(6) |
in point ARA.FCL.300, paragraph (a) is replaced by the following:
|
(7) |
the following point ARA.ATO.110 is inserted after point ARA.ATO.105: ‘ARA.ATO.110 Approval of minimum equipment lists When the competent authority receives an application for approval of a minimum equipment list under points ORO.MLR.105 of Annex III (Part-ORO) and NCC.GEN.101 of Annex VI (Part-NCC) to Regulation (EU) No 965/2012, it shall act in accordance with point ARO.OPS.205 of Annex II (Part-ARO) to that Regulation.’; |
(8) |
in point ARA.DTO.100, paragraph (b) is replaced by the following:
|
(9) |
in point ARA.DTO.110, paragraph (a) is replaced by the following:
|
(10) |
Appendix I is amended as follows:
|
(11) |
Appendix III is replaced by the following: ‘CERTIFICATE FOR APPROVED TRAINING ORGANISATIONS (ATOs) European Union * Competent Authority APPROVED TRAINING ORGANISATION CERTIFICATE [CERTIFICATE NUMBER/REFERENCE] Pursuant to Commission Regulation (EU) No 1178/2011 [and Commission Regulation (EU) 2018/395/Commission Implementing Regulation (EU) 2018/1976 (ADJUST AS APPLICABLE)] and subject to the conditions specified below, the [Competent Authority] hereby certifies [NAME OF THE TRAINING ORGANISATION] [ADDRESS OF THE TRAINING ORGANISATION] as a Part-ORA certified training organisation with the privilege to provide Part-FCL training courses, including the use of FSTDs, as listed in the attached training course approval/Part-BFCL training courses/Part-SFCL training courses [ADJUST AS APPLICABLE]. CONDITIONS: This certificate is limited to the privileges and the scope of providing the training courses, including the use of FSTDs, as listed in the attached training course approval. This certificate is valid whilst the approved organisation remains in compliance with Part-ORA, Part-FCL, Part-BFCL, Part-SFCL [ADJUST AS APPLICABLE] and other applicable regulations. Subject to compliance with the foregoing conditions, this certificate shall remain valid unless it has been surrendered, superseded, limited, suspended or revoked. Date of issue: Signed: [Competent Authority]
EASA FORM 143 Issue 2 – Page 1/2 APPROVED TRAINING ORGANISATION CERTIFICATE TRAINING COURSE APPROVAL Attachment to ATO Certificate Number: [CERTIFICATE NUMBER/REFERENCE] [NAME OF THE TRAINING ORGANISATION] has obtained the privilege to provide and conduct the following Part-FCL/Part-BFCL/Part-SFCL [ADJUST AS APPLICABLE] training courses and to use the following FSTDs:
This training course approval is valid as long as:
Date of issue: Signed: [Competent Authority] For the Member State/EASA EASA FORM 143 Issue 2 – Page 2/2’;
‘Training programme approval for a declared training organisation (DTO) European Union (*) Competent authority
EASA Form XXX Issue 2 – Page 1/1’. |
(1) as indicated on the qualification certificate
ANNEX IV
Annex VII (Part-ORA) to Commission Regulation (EU) No 1178/2011 is amended as follows:
(1) |
point ORA.ATO.110 is amended as follows:
|
(2) |
in point ORA.ATO.125, paragraph (b) is replaced by the following:
|
ANNEX V
Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011 is amended as follows:
(1) |
point DTO.GEN.110 is amended as follows:
|
(2) |
in point DTO.GEN.115(a), subparagraph (8) is replaced by the following:
|
(3) |
point DTO.GEN.210 is amended as follows:
|
(4) |
point DTO.GEN.230 is amended as follows:
|
(5) |
in Appendix 1, Section 9 of the declaration form is replaced by the following:
|