Commission Regulation (EU) 2018/1119Dangos y teitl llawn

‘ANNEX VIII REQUIREMENTS FOR DECLARED TRAINING ORGANISATIONS (DTOs)

[PART-DTO]

DTO.GEN.100 General

In accordance with the second subparagraph of Article 10a(1), this Annex (Part-DTO) sets out the requirements applicable to pilot training organisations providing the training referred to in point DTO.GEN.110 on the basis of an declaration made in accordance with point DTO.GEN.115.

DTO.GEN.105 Competent authority

For the purpose of this Annex (Part-DTO), the competent authority in respect of a DTO shall be the authority designated by the Member State on the territory of which the DTO has its principal place of business.

DTO.GEN.110 Scope of the training

(a)

A DTO shall be entitled to provide the following training, provided that the DTO has submitted a declaration in accordance with point DTO.GEN.115:

(1)

for aeroplanes:

(a)

theoretical knowledge instruction for LAPL(A) and PPL(A);

(b)

flight instruction for LAPL(A) and PPL(A);

(c)

training towards class rating for SEP(land), SEP(sea) and TMG;

(d)

training towards additional ratings: night, aerobatics, mountain, sailplane and banner towing;

(2)

for helicopters:

(a)

theoretical knowledge instruction for LAPL(H) and PPL(H);

(b)

flight instruction for LAPL(H), PPL(H);

(c)

single-engine type rating for helicopters for which the maximum certified seat configuration does not exceed five seats;

(d)

training towards night rating;

(3)

for sailplanes:

(a)

theoretical knowledge instruction for LAPL(S) and SPL;

(b)

flight instruction for LAPL(S) and SPL;

(c)

training towards extension of privileges to TMG in accordance with point FCL.135.S;

(d)

training towards additional launch methods in accordance with point FCL.130.S;

(e)

training towards additional ratings: aerobatics, sailplane towing, and sailplane cloud flying rating;

(f)

training towards flight instructor rating FI(S);

(g)

FI(S) refresher seminar.

(4)

for balloons:

(a)

theoretical knowledge instruction for LAPL(B) and BPL;

(b)

flight instruction for LAPL(B) and BPL;

(c)

training towards class extension in accordance with point FCL.135.B;

(d)

training towards class or group extension in accordance with point FCL.225.B;

(e)

training towards extension to tethered flight in accordance with point FCL.130.B;

(f)

training towards night rating;

(g)

training towards flight instructor rating FI(B);

(h)

FI(B) refresher seminar.

(b)

A DTO shall be entitled to also provide the examiner courses referred to in points FCL.1015(a) and FCL.1025(b)(2) of Annex I (Part-FCL) for FE(S), FIE(S), FE(B) and FIE(B), provided that the DTO has submitted a declaration in accordance with point DTO.GEN.115 and the competent authority has approved the training programme in accordance with point DTO.GEN.230(c).

DTO.GEN.115 Declaration

(a)

Prior to providing any of the training specified in point DTO.GEN.110, an organisation intending to provide such training shall submit a declaration to the competent authority. The declaration shall contain at least the following information:

(1)

the name of the DTO;

(2)

contact details of the DTO's principal place of business and, where applicable, the contact details of the aerodromes and the operating sites of the DTO;

(3)

names and contact details of the following persons:

(i)

the representative of the DTO;

(ii)

the head of training of the DTO; and

(iii)

all deputy heads of training, if required by point DTO.GEN.250(b)(1);

(4)

the type of training, as specified in point DTO.GEN.110, provided at each aerodrome and/or operating site;

(5)

a list of all aircraft and FSTDs to be used for the training, if applicable;

(6)

the date of intended commencement of the training;

(7)

a statement confirming that the DTO has developed a safety policy and will apply that policy during all training activities covered by the declaration, in accordance with point DTO.GEN.210(a)(1)(ii);

(8)

a statement confirming that the DTO complies and will, during all training activities covered by the declaration, continue to comply with the essential requirements set out in Annex III to Regulation (EC) No 216/2008 and with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation.

(b)

The declaration, and any subsequent changes thereto, shall be made using the form contained in Appendix 1.

(c)

A DTO shall, together with the declaration, submit to the competent authority the training programme or programmes, which it uses or intends to use to provide the training, as well as its application for approval of the training programme or programmes where such approval is required in accordance with point DTO.GEN.230(c).

(d)

By derogation from point (c), an organisation which holds an approval issued in accordance with Subpart ATO of Annex VII (Part-ORA) may, together with the declaration, only submit the reference to the already approved training manual or manuals.

DTO.GEN.116 Notification of changes and cessation of training activities

A DTO shall notify the competent authority without undue delay of the following:

(a)

any changes to the information contained in the declaration specified in point DTO.GEN.115(a) and to the training programme or programmes or the approved training manual or manuals referred to in points DTO.GEN.115(c) and (d) respectively;

(b)

the cessation of some or all training activities covered by the declaration.

DTO.GEN.135 Termination of entitlement to provide training

A DTO shall no longer be entitled to provide some or all of the training specified in its declaration on the basis of that declaration, where one of the following occurs:

(a)

the DTO has notified the competent authority of the cessation of some or all of the training activities covered by the declaration in accordance with point DTO.GEN.116(b);

(b)

the DTO has not provided the training for more than 36 consecutive months.

DTO.GEN.140 Access

For the purpose of determining whether a DTO is acting in compliance with its declaration, the DTO shall grant access at any time to any facility, aircraft, document, records, data, procedures or any other material relevant to its training activities covered by the declaration, to any person authorised by the competent authority

DTO.GEN.150 Findings

After the competent authority has communicated a finding to a DTO in accordance with point ARA.GEN.350(da)(1), the DTO shall take the following steps within the time period determined by the competent authority:

(a)

identify the root cause of the non-compliance;

(b)

take the necessary corrective action to terminate the non-compliance and, where relevant, remedy the consequences thereof;

(c)

inform the competent authority about the corrective action it has taken.

DTO.GEN.155 Reaction to a safety problem

As a reaction to a safety problem, a DTO shall implement:

(a)

the safety measures mandated by the competent authority in accordance with point ARA.GEN.135(c);

(b)

the relevant mandatory safety information issued by the Agency, including airworthiness directives.

DTO.GEN.210 Personnel requirements

(a)

A DTO shall designate:

(1)

a representative, who shall be responsible and duly authorised to do at least the following:

(i)

ensure compliance of the DTO and its activities with the applicable requirements and with its declaration;

(ii)

develop and establish a safety policy which ensures that the DTO's activities are carried out safely, ensure that the DTO adheres to that safety policy and take the necessary measures in order to achieve the objectives of that safety policy;

(iii)

promote safety within the DTO;

(iv)

ensure the availability of sufficient resources within the DTO so that the activities referred to in points (i), (ii) and (iii) can be carried out in an effective manner.

(2)

a head of training, who shall be responsible and qualified to ensure at least the following:

(i)

that the training provided complies with the requirements of Annex I (Part-FCL) and with the DTO's training programme;

(ii)

the satisfactory integration of flight training in an aircraft or a flight simulation training device (FSTD) and theoretical knowledge instruction;

(iii)

the supervision of the progress of students;

(iv)

in the case referred to in point DTO.GEN.250(b), the supervision of the deputy head or heads of training.

(b)

A DTO may designate a single person as its representative and its head of training.

(c)

A DTO shall not designate a person as its representative or its head of training if there are objective indications that he or she cannot be trusted to carry out the tasks listed in point (a) in a manner which safeguards and furthers aviation safety. The fact that a person has been subject to an enforcement measure taken in accordance with point ARA.GEN.355 in the past three years shall be deemed to constitute such an objective indication, unless that person can demonstrate that the finding leading to that measure, by reason of its nature, scale or impact on aviation safety, is not such as to indicate that he or she cannot be trusted to carry out those tasks in that manner.

(d)

A DTO shall ensure that its theoretical knowledge instructors have either of the following qualifications:

(1)

practical background in aviation in the areas relevant for the training provided and have undergone a course of training instructional techniques;

(2)

previous experience in giving theoretical knowledge instruction and an appropriate theoretical background in the subject on which they will provide theoretical knowledge instruction.

(e)

Flight instructors and flight simulation training instructors shall hold the qualifications required by Annex I (Part-FCL) for the type of training they are providing.

DTO.GEN.215 Facility requirements

A DTO shall have facilities in place allowing the performance and management of all its activities in accordance with the essential requirements of Annex III to Regulation (EC) No 216/2008 and with the requirements of this Annex (Part-DTO).

DTO.GEN.220 Record-keeping

(a)

A DTO shall keep for each individual student the following records throughout the training course and for three years after completion of the last training session:

(1)

details of ground, flight and simulated flight training;

(2)

information on individual progress;

(3)

information on the licences and associated ratings relevant to the training provided, including expiry dates of ratings and medical certificates.

(b)

A DTO shall keep the report on the annual internal review and the activity report referred to in point DTO.GEN.270(a) and (b) respectively for three years from the date at which the DTO established those reports.

(c)

A DTO shall keep its training programme for three years from the date at which it provided the last training course in accordance with that programme.

(d)

A DTO shall, in accordance with the applicable law on the protection of personal data, store the records referred to in point (a) in a manner that ensures protection by appropriate tools and protocols and take the necessary measures to restrict the access to those records to persons who are duly authorised to access them.

DTO.GEN.230 DTO training programme

(a)

A DTO shall establish a training programme for each of the trainings specified in point DTO.GEN.110 which the DTO provides.

(b)

The training programmes shall comply with the requirements of Annex I (Part-FCL).

(c)

A DTO shall be entitled to provide the training referred to in point DTO.GEN.110(b) only where its training programme for that training, and any changes thereto, have been issued by the competent authority, upon application by the DTO, with an approval confirming that the training programme and any changes comply with the requirements of Annex I (Part-FCL), in accordance with point ARA.DTO.110. A DTO shall apply for such approval through the submission of its declaration in accordance with point DTO.GEN.115.

(d)

Point (c) shall not apply to an organisation also holding an approval issued in accordance with Subpart ATO of Annex VII (Part-ORA) that includes privileges for that training.

DTO.GEN.240 Training aircraft and FSTDs

(a)

A DTO shall use an adequate fleet of training aircraft or FSTDs appropriate to the training it provides.

(b)

A DTO shall establish and keep up-to-date a list of all aircraft, including their registration marks, used for the training it provides.

DTO.GEN.250 Aerodromes and operating sites

(a)

When providing flight training on an aircraft, a DTO shall only use aerodromes or operating sites that have the appropriate facilities and characteristics to allow training of the relevant manoeuvres, taking into account the training provided and the category and type of aircraft used.

(b)

When a DTO uses more than one aerodrome to provide any of the training specified in point DTO.GEN.110(a)(1) and (2), it shall:

(1)

for each additional aerodrome, designate a deputy head of training, who shall be responsible for the tasks referred to in point DTO.GEN.210(a)(2)(i) to (iii) on that aerodrome; and

(2)

ensure the availability of sufficient resources to safely operate on all aerodromes, in compliance with the requirements of this Annex (Part-DTO).

DTO.GEN.260 Theoretical knowledge instruction

(a)

When providing theoretical knowledge instruction, a DTO may use on-site instruction or distance learning.

(b)

A DTO shall monitor and record the progress of any student undergoing theoretical knowledge instruction.

DTO.GEN.270 Annual internal review and annual activity report

A DTO shall take the following steps:

(a)

conduct an annual internal review of the tasks and responsibilities specified in point DTO.GEN.210 and establish a report on that review;

(b)

establish an annual activity report;

(c)

submit the report on the annual internal review and the annual activity report to the competent authority by the date determined by the competent authority.

Appendix 1 to Annex VIII (Part-DTO)

a In the case of changes, only point 1 and those fields containing changes need to be completed.’
DECLARATION pursuant to Commission Regulation (EU) No 1178/2011
☐ Initial declaration ☐ Notification of changesa – DTO reference number:
1.	Declared training organisation (DTO) Name:
2.	Place(s) of business Contact details (address, phone, email) of the DTO's principal place of business:
3	Personnel Name and contact details (address, phone, email) of the DTO's representative: Name and contact details (address, phone, email) of the DTO's head of training and, if applicable, of the DTO's deputy head(s) of training:
4.	Training scope List of all training provided: List of all training programmes used to provide the training (documents to be attached to this declaration) or, in the case referred to in point DTO.GEN.230(d) of Annex VIII (Part-DTO) to Regulation (EU) No 1178/2011, the reference to all approved training manuals used to provide the training:
5.	Training aircraft and FSTDs List of aircraft used for the training: List of qualified FSTDs used for the training (if applicable, including letter code as indicated on the qualification certificate):
6.	Aerodrome(s) and the operating site(s) Contact details (address, phone, email) of all aerodromes and operating sites used by the DTO to provide the training:
7	Date of intended commencement of training:
8.	Application for approval of examiner standardisation courses and refresher seminars (if applicable) ☐ The DTO hereby applies for approval of the above-mentioned training programme(s) for examiner courses for sailplanes or balloons in accordance with points DTO.GEN.110(b) and DTO.GEN.230(c) of Annex VIII (Part-DTO) to Regulation (EU) No 1178/2011.
9.	Statements The DTO has developed a safety policy in accordance with Annex VIII (Part-DTO) of Regulation (EU) No 1178/2011, and in particular with point DTO.GEN.210(a)(1)(ii) thereof, and will apply that policy during all training activities covered by the declaration. The DTO complies and will, during all training activities covered by the declaration, continue to comply with the essential requirements set out in Annex III to Regulation (EC) No 216/2008 and with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to Regulation (EU) No 1178/2011. We confirm that all information contained in this declaration, including its annexes (if applicable), is complete and correct. Name, date and signature of the representative of the DTO Name, date and signature of the head of training of the DTO