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

Article 1 U.K. Subject matter

This Regulation lays down detailed rules for:

(1)

different ratings for pilots’ licences, the conditions for issuing, maintaining, amending, limiting, suspending or revoking licences, the privileges and responsibilities of the holders of licences, the conditions for the conversion of existing national pilots’ licences and of national flight engineers’ licences into pilots’ licences, as well as the conditions for the acceptance of licences from third countries;

(2)

the certification of persons responsible for providing flight training or flight simulation training and for assessing pilots’ skills;

(3)

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 commonly recognised medical certificates;

(4)

the certification of aero-medical examiners, as well as the conditions under which general medical practitioners may act as aero-medical examiners;

(5)

the periodical aero-medical assessment of cabin crew members, as well as the qualification of persons responsible for this assessment[F1 ;]

(6)

[F2 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;

(7)

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;

(8)

the requirements for the certification of flight simulation training devices and for organisations operating and using those devices;

(9)

the requirements for the administration and management system to be fulfilled by the Member States, the Agency and the organisations in relation with the rules referred to in points 1 to 8.]

Textual Amendments

F1 Substituted 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.

F2 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 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)

‘JAR-compliant licence’ means the pilot licence and attached ratings, certificates, authorisations and/or qualifications, issued or recognised, in accordance with the national legislation reflecting JAR and procedures, by a Member State having implemented the relevant JAR and having being recommended for mutual recognition within the Joint Aviation Authorities’ system in relation to such JAR;

(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)

‘JAR-compliant pilots’ medical certificate and aero-medical examiners’ certificate’ means the certificate issued or recognised, in accordance with the national legislation reflecting JAR and procedures, by a Member State having implemented the relevant JAR and having been recommended for mutual recognition within the Joint Aviation Authorities’ system in relation to such JAR;

(10)

‘Non-JAR-compliant pilots’ medical certificate and aero-medical examiners’ certificate’ means the certificate 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[F1 ;]

(11)

[F2 ‘ 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)

‘JAR-compliant certificate, approval or organisation’ means the certificate or approval issued or recognised or the organisation certified, approved, registered or recognised, in accordance with the national legislation reflecting JAR and procedures, by a Member State having implemented the relevant JAR and having been recommended for mutual recognition within the Joint Aviation Authorities’ system in relation to such JAR [F3 ;] ]

(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)

‘ Flight instructor (FI) ’ means an instructor with the privileges to provide training, in accordance with Subpart J of Annex I (Part-FCL), in an aircraft;

(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 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.

F2 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.

F3 Substituted by Commission Regulation (EU) 2018/1119 of 31 July 2018 amending Regulation (EU) No 1178/2011 as regards declared training organisations.

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

1. JAR-compliant licences issued or recognised by a Member State before [F1 this Regulation applies] shall be deemed to have been issued in accordance with this Regulation. Member States shall replace these licences with licences complying with the format laid down in Part-ARA by [F1 8 April 2018] at the latest.

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 paragraphs 1 and 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 a student pilot to exercise limited privileges without supervision before he/she meets all the requirements necessary for the issuance of an LAPL under the following conditions:

(a) the privileges shall be limited to its national territory or a part of it;

(b) the privileges shall be restricted to a limited geographical area and to single-engine piston aeroplanes with a maximum take-off mass not exceeding 2 000 kg, and shall not include the carriage of passengers;

(c) those authorisations shall be issued on the basis of an individual safety risk assessment carried out by an instructor following a concept safety risk assessment carried out by the Member State;

(d) the Member State shall submit periodical reports to the Commission and the Agency every 3 years.

[F7 8. Until 8 April 2019 , 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.]

[F8 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 (1) by 31 December 2022 at the latest.]

Textual Amendments

F1 Substituted 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 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).

F8 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.

[F9 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

F9 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 5 U.K. Existing national pilots’ medical certificates and aero-medical examiners certificates

1. JAR-compliant pilots’ medical certificates and aero-medical examiners’ certificates issued or recognised by a Member State before this Regulation applies shall be deemed to have been issued in accordance with this Regulation.

2. Member States shall replace pilots’ medical certificates and aero-medical examiners’ certificates with certificates complying with the format laid down in Part-ARA by 8 April 2017 at the latest.

3. Non-JAR-compliant pilot medical certificates and aero-medical examiners’ certificates issued by a Member State before this Regulation applies shall remain valid until the date of their next revalidation or until 8 April 2017, whichever is the earlier.

4. The revalidation of the certificates referred to in paragraphs 1 and 2 shall comply with the provisions of Annex IV.

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(2), 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.

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

[F10 1. Without prejudice to Article 12 of Regulation (EC) No 216/2008 and where there are no agreements concluded between the Union and a third country covering pilot licensing, Member States may accept third country licences, ratings or certificates, and associated medical certificates issued by or on behalf of third countries, in accordance with the provisions of Annex III to this Regulation.]

2. Applicants for Part-FCL licences already holding at least an equivalent licence, rating or certificate issued in accordance with Annex 1 to the Chicago Convention by a third country shall comply with all the requirements of Annex I to this Regulation, except that the requirements of course duration, number of lessons and specific training hours may be reduced.

3. The credit given to the applicant shall be determined by the Member State to which the pilot applies on the basis of a recommendation from an approved training organisation.

4. Holders of an ATPL issued by or on behalf of a third country in accordance with Annex 1 to the Chicago Convention who have completed the experience requirements for the issue of an ATPL in the relevant aircraft category as set out in Subpart F of Annex I to this Regulation may be given full credit as regards the requirements to undergo a training course prior to undertaking the theoretical knowledge examinations and the skill test, provided that the third country licence contains a valid type rating for the aircraft to be used for the ATPL skill test.

5. Aeroplane or helicopter type ratings may be issued to holders of Part-FCL licences that comply with the requirements for the issue of those ratings established by a third country. Such ratings will be restricted to aircraft registered in that third country. This restriction may be removed when the pilot complies with the requirements in point C.1 of Annex III.

Textual Amendments

F10 Substituted by Commission Regulation (EU) 2015/445 of 17 March 2015 amending Regulation (EU) No 1178/2011 as regards technical requirements and administrative procedures related to civil aviation aircrew (Text with EEA relevance).

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

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 Joint Aviation Authorities requirements 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 JAR, shall be given full credit provided that the training and testing were completed by 8 April 2016 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.

[F11 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

F11 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.

[F2 Article 10a U.K. Pilot training organisations

[F3 1. Organisations shall, in accordance with Article 7(3) of Regulation (EC) No 216/2008, be entitled to provide training to pilots involved in the operation of aircraft referred to in Article 4(1)(b) and (c) of Regulation (EC) No 216/2008 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 III to Regulation (EC) No 216/2008 and with the requirements of Annex VII to this Regulation.

However, by derogation from Article 7(3) of Regulation (EC) No 216/2008 and the first subparagraph of this paragraph, organisations shall be entitled to provide the training referred to in point DTO.GEN.110 of Annex VIII to this Regulation without such approval 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. Pilot training organisations holding JAR-compliant certificates issued or recognised by a Member State before this Regulation applies shall be deemed to hold a certificate issued in accordance with this Regulation.

In such case the privileges of these organisations shall be limited to the privileges included in the approval issued by the Member State.

Without prejudice to Article 2, pilot training organisations shall adapt their management system, training programmes, procedures and manuals to be compliant with Annex VII by 8 April 2014 at the latest.

[F3 3. JAR-compliant training organisations shall be allowed to provide training for a Part-FCL private pilot licence (PPL), for the associated ratings included in the registration and for a light aircraft pilot licence (LAPL) until 8 April 2019 without complying with the provisions of Annex VII and Annex VIII, provided that they were registered before 8 April 2015 .]

4. Member States shall replace the certificates referred to in the first subparagraph of paragraph 2 with certificates complying with the format laid down in Annex VI by 8 April 2017 at the latest.

[F9 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 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.

F3 Substituted by Commission Regulation (EU) 2018/1119 of 31 July 2018 amending Regulation (EU) No 1178/2011 as regards declared training organisations.

F9 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.

2. JAR-compliant FSTD qualification certificates issued or recognised before this Regulation applies shall be deemed to have been issued in accordance with this Regulation.

3. Member States shall replace the certificates referred to in paragraph 2 with qualification certificates complying with the format laid down in Annex VI by 8 April 2017 at the latest.

Textual Amendments

F2 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.

2. JAR-compliant aero-medical centre approvals issued or recognised by a Member State before this Regulation applies shall be deemed to have been issued in accordance with this Regulation.

Aero-medical centres shall adapt their management system, training programmes, procedures and manuals to be compliant with Annex VII by 8 April 2014 at the latest.

3. Member States shall replace aero-medical centres’ approvals referred to in the first subparagraph of paragraph 2 with certificates complying with the format laid down in Annex VI by 8 April 2017 at the latest.]

Textual Amendments

F2 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.

2. The medical examinations or assessments of cabin crew members that were conducted in accordance with Council Regulation (EEC) No 3922/91(3) and which are still valid at the date of application of this Regulation shall be deemed to be valid according to this Regulation until the earlier of the following:

(a) the end of the validity period determined by the competent authority in accordance with Regulation (EEC) No 3922/91; or

(b) the end of the validity period provided for in point MED.C.005 of Annex IV.

The validity period shall be counted from the date of the last medical examination or assessment.

By the end of the validity period any subsequent aero-medical re-assessment shall be conducted in accordance with Annex IV.

[F2 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.

2. Cabin crew members holding, before this Regulation applies, an attestation of safety training issued in accordance with Regulation (EEC) No 3922/91 ( ‘ EU-OPS ’ ):

(a) shall be deemed to be compliant with this Regulation if they comply with the applicable training, checking and recency requirements of EU-OPS; or

(b) if they do not comply with the applicable training, checking and recency requirements of EU-OPS, they shall complete all required training and checking before being deemed to be compliant with this Regulation; or

(c) if they have not operated in commercial operations by aeroplanes 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.

3. The attestations of safety training issued in accordance with EU-OPS shall be replaced with cabin crew attestations complying with the format laid down in Annex VI by 8 April 2017 at the latest.

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 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

F2 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 11c U.K. Transitional measures

As regards organisations for which the Agency is the competent authority in accordance with Article 21(1)(b) of Regulation (EC) No 216/2008:

(a)

Member States shall transfer to the Agency all records related to the oversight of such organisations by 8 April 2013 at the latest;

(b)

certification processes initiated before 8 April 2012 by a Member State shall be finalised by that Member State in coordination with the Agency. The Agency shall assume all its responsibilities as competent authority concerning such organisation after the issuance of the certificate by that Member State.]

Textual Amendments

F2 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. By way of derogation from paragraph 1, Member States may decide not to apply the provisions of Annexes I to IV until 8 April 2013 .]

[F10 2. By way of derogation from paragraph 1, Member States may decide not to apply the following provisions of Annex I until 8 April 2015 :

(a) the provisions related to pilot licences of powered-lift aircraft and airships;

(b) the provisions of point FCL.820;

(c) in the case of helicopters, the provisions of Section 8 of Subpart J;

(d) the provisions of Section 11 of Subpart J.]

[F3 2a. By way of derogation from paragraph 1, Member States may decide not to apply until 8 April 2020 :

(1)

the provisions of Annex I related to pilot licenses for sailplanes and balloons;

(2)

the provisions of Annexes VII and VIII 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) for sailplanes or balloons, a Part-FCL sailplane pilot licence (SPL) or a Part-FCL balloon pilot licence (BPL);

(3)

the provisions of Subpart B of Annex I.]

3. By way of derogation from paragraph 1, Member States may decide not to convert non-JAR-compliant aeroplane and helicopter licences that they have issued until 8 April 2014.

[F12 4. By way of derogation from paragraph 1, Member States may decide not to apply the provisions of this Regulation until 20 June 2020 , 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. By way of derogation from paragraph 1, Member States may decide not to apply the provisions of Section 3 of Subpart B of Annex IV until 8 April 2015.

6. By way of derogation from paragraph 1, Member States may decide not to apply the provisions of Subpart C of Annex IV until 8 April 2014.

7. When a Member State makes use of the provisions of [F1 paragraphs 1b to 6] 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.

[F12 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 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.

F2 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.

F3 Substituted by Commission Regulation (EU) 2018/1119 of 31 July 2018 amending Regulation (EU) No 1178/2011 as regards declared training organisations.

F10 Substituted by Commission Regulation (EU) 2015/445 of 17 March 2015 amending Regulation (EU) No 1178/2011 as regards technical requirements and administrative procedures related to civil aviation aircrew (Text with EEA relevance).

F12 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.