Commission Regulation (EU) No 1178/2011Dangos y teitl llawn

[F1 Article 1 U.K. Subject matter

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 qualifications 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.]

Textual Amendments

F1 Substituted by 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).

Article 2 U.K. Definitions

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;

(4)

[F2 . . . . .]

(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;

(9)

[F2 . . . . .

(10)

. . . . .]

(11)

[F3 ‘ 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;]

(13)

[F2 . . . . .]

(14)

[F4 ‘ 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)

‘ [F1 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) 2018/395 (1) , or Subpart FI of Annex III (Part-SFCL) to Implementing Regulation (EU) 2018/1976 (2) ;]

(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)

[F5 ‘ 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.]

Textual Amendments

F1 Substituted by 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).

F2 Deleted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

F3 Inserted by Commission Regulation (EU) No 290/2012 of 30 March 2012 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.

F4 Inserted by Commission Regulation (EU) 2018/1119 of 31 July 2018 amending Regulation (EU) No 1178/2011 as regards declared training organisations.

F5 Inserted by Commission Implementing Regulation (EU) 2019/27 of 19 December 2018 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (Text with EEA relevance).

[F6 Article 3 U.K. Pilot licensing and medical certification

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.]

Textual Amendments

F6 Substituted by Commission Regulation (EU) No 245/2014 of 13 March 2014 amending Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew (Text with EEA relevance).

Article 4 U.K. Existing national pilots’ licences

F2 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

[F7 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.]

[F8 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.]

[F9 8. Until [F1 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.]

[F10 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) 2018/1065 (3) by 31 December 2022 at the latest.]

Textual Amendments

F1 Substituted by 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).

F2 Deleted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

F7 Substituted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

F8 Substituted by Commission Implementing Regulation (EU) 2019/430 of 18 March 2019 amending Regulation (EU) No 1178/2011 as regards the exercise of limited privileges without supervision before the issuance of a light aircraft pilot licence (Text with EEA relevance).

F9 Inserted by Commission Regulation (EU) No 245/2014 of 13 March 2014 amending Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew (Text with EEA relevance).

F10 Inserted by 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.

[F11 Article 4a U.K. Performance-based navigation instrument rating privileges

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.]

Textual Amendments

F11 Inserted by Commission Regulation (EU) 2016/539 of 6 April 2016 amending Regulation (EU) No 1178/2011 as regards pilot training, testing and periodic checking for performance-based navigation (Text with EEA relevance).

[F12 Article 4b U.K. Upset prevention and recovery training

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.]

Textual Amendments

F12 Inserted by Commission Implementing Regulation (EU) 2018/1974 of 14 December 2018 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (Text with EEA relevance).

[F13 Article 4c U.K. 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:

(a) be entitled to continue to exercise the privileges of their EIR;

(b) receive revalidation or renewal of their EIR, in accordance with point FCL.825(g) of Commission Delegated Regulation (EU) (4) ;

(c) be entitled to receive full credit towards the training requirements in point FCL.835(c)(2)(i) and (ii) 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) 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.]

Textual Amendments

F13 Inserted by 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).

F2 Article 5 U.K. [F2 Existing national pilots’ medical certificates and aero-medical examiners certificates]

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Textual Amendments

F2 Deleted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

Article 6 U.K. Conversion of flight test qualifications

1. Pilots who before this Regulation applies conducted category 1 and 2 flight tests as defined in the Annex to Commission Regulation (EC) No 1702/2003(5), 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 U.K. Existing national flight engineers’ licences

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.

F14 Article 8 U.K. [F14 Conditions for the acceptance of licences from third countries]

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Textual Amendments

F14 Deleted by Commission Delegated Regulation (EU) 2020/723 of 4 March 2020 laying down detailed rules with regard to the acceptance of third-country certification of pilots and amending Regulation (EU) No 1178/2011.

Article 9 U.K. Credit for training commenced prior to the application of this Regulation

[F7 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.

Textual Amendments

F7 Substituted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

[F15 Article 9a U.K. Type rating training and operational suitability data

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.]

Textual Amendments

F15 Inserted by Commission Regulation (EU) No 70/2014 of 27 January 2014 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).

Article 10 U.K. Credit for pilot licences obtained during military service

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.

[F3 Article 10a U.K. Pilot training organisations

[F7 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.]

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 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.]

Textual Amendments

F2 Deleted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

F3 Inserted by Commission Regulation (EU) No 290/2012 of 30 March 2012 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.

F7 Substituted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

F11 Inserted by Commission Regulation (EU) 2016/539 of 6 April 2016 amending Regulation (EU) No 1178/2011 as regards pilot training, testing and periodic checking for performance-based navigation (Text with EEA relevance).

Article 10b U.K. Flight simulation training devices

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.

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Deleted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

F3 Inserted by Commission Regulation (EU) No 290/2012 of 30 March 2012 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.

Article 10c U.K. Aero-medical centres

1. Aero-medical centres shall comply with the technical requirements and administrative procedures laid down in Annexes VI and VII and shall be certified.]

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Deleted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

F3 Inserted by Commission Regulation (EU) No 290/2012 of 30 March 2012 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.

Article 11 U.K. Cabin crew medical fitness

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.

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Deleted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

[F3 Article 11a U.K. Cabin crew qualifications and related attestations

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.

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

Textual Amendments

F2 Deleted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

F3 Inserted by Commission Regulation (EU) No 290/2012 of 30 March 2012 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.

Article 11b U.K. Oversight capabilities

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.

Textual Amendments

F3 Inserted by Commission Regulation (EU) No 290/2012 of 30 March 2012 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.

[F1 Article 11c U.K. Transitional measures

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 Council (6) ;

(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.] ]

Textual Amendments

F1 Substituted by 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).

F3 Inserted by Commission Regulation (EU) No 290/2012 of 30 March 2012 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.

Article 12 U.K. Entry into force and application

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.

F2 1b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 2a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17 4. By way of derogation from paragraph 1, Member States may decide not to apply the provisions of this Regulation until [F1 20 June 2021] , 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.]

F2 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 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.]

[F17 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 .]

Textual Amendments

F1 Substituted by 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).

F2 Deleted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

F7 Substituted by Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance).

F16 Deleted by 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).

F17 Substituted by Commission Implementing Regulation (EU) 2018/1974 of 14 December 2018 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (Text with EEA relevance).

This Regulation shall be binding in its entirety and directly applicable in all Member States.