EASA - DRAFT ON PERSONNEL REQUIREMENTS

Written by Alfons Hubmann. Posted in Consultations Commission

1, and in particular Article 5(5) thereof,

Draft

COMMISSION REGULATION (EC) No …/..

of […]

on personnel requirements

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC.

Whereas:

(1)

The Basic Regulation establishes common essential requirements to provide for a high uniform level of civil aviation safety and environmental protection; it requires the Commission to adopt the necessary implementing rules to ensure their uniform application; it establishes the ‘European Aviation Safety Agency’ (hereinafter referred to as the ‘Agency’) to assist the Commission in the development of such implementing rules.

(2)

It is necessary to adopt common technical requirements and administrative procedures for the licensing of pilots, subject to the Basic Regulation; such requirements and procedures should specify the conditions to issue, maintain, amend, suspend or revoke the appropriate licences and certificates.

(3)

In adopting measures for the implementation of common essential requirements in the field of pilot licensing, the Commission must take care that they reflect the state of the art, including best practices, and scientific and technical progress in the field of pilot training.

(4)

The need to ensure uniformity in the application of common pilot licensing requirements makes it necessary that common procedures be followed by the competent authorities of the Member States and, where applicable, the Agency assess compliance with these requirements; the Agency should develop acceptable means of compliance and guidance material to facilitate the necessary regulatory uniformity.

(5)

It is necessary to permit a smooth transition to the new regulatory framework of the Agency ensuring that a high and uniform level of civil aviation safety in the Community is maintained; it is necessary to provide sufficient time for the aeronautical industry and Member State administrations to adapt to this new framework and to recognise the continuing validity of licences and certificates issued before the entry into force of this Regulation, in accordance with Article 69 of the Basic Regulation.

1, and in particular Article 5(5) thereof,
1

OJ 79, 19.3.2008, p.1. EN 3 EN
(6)

The measures provided by this Regulation are based on the opinion issued by the Agency in accordance with Articles 17(2)(b) and 19(1) of the Basic Regulation.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the European Aviation Safety Agency Committee established by Article 54(3) of the Basic Regulation,

 

HAS ADOPTED THIS REGULATION:

Article 1

Objective and scope
This Regulation establishes common technical requirements for:

the licensing, training and testing of pilots involved in the operation of aircraft referred to in Article 4(1)(b) and (c) of the Basic Regulation;

the certification of personnel responsible for providing flight training or flight simulation training and for assessing a pilot’s skill.

the licensing, training and testing of pilots of aircraft referred to in (a)(ii), (d) and (h) of Annex II to the Basic Regulation, when used in commercial air transport.

 

Article 2

Definitions

For the purpose of this Regulation:

‘ICAO Annex 1’ means Annex 1 of the Convention on International Civil Aviation, signed in Chicago on 7 December 1944;

‘JAA’ means Joint Aviation Authorities;

‘Light Aircraft Pilot Licence (LAPL)’ means the leisure pilot licence as foreseen in Article 7 of the Basic Regulation;

‘Part-21’ means the Annex to the Commission Regulation (EC) No 1702/2003 of 24 September 2003, laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production;

‘Part-AR’ means the Implementing Rules to the Basic Regulation establishing requirements for competent authorities;

‘Part-OR’ means the Implementing Rules to the Basic Regulation establishing requirements for organisations.

 

Article 3

Pilot licensing

Personnel referred to in Article 1 shall be qualified in accordance with the provisions of Annex I to this Regulation, hereon referred to as Part-FCL.

EN 4 EN
Article 4

National pilot licences

National pilot licences, including any associated ratings, certificates, authorisations and/or qualifications, issued or recognised by a Member State in accordance with the JAA requirements and procedures before the entry into force of this Regulation, shall be deemed to have been issued in accordance with this Regulation.

By the date of applicability of the related provisions of Part-FCL in accordance with Article 10, holders of national pilot licences, including any associated ratings, certificates, authorisations and/or qualifications shall have their national pilot licences converted into Part-FCL licences and associated ratings or certificates by the competent authority of the Member State that issued the national pilot licence.

National pilot licences, including any associated ratings, certificates, authorisations and/or qualifications:

(a) for aeroplanes and helicopters, shall be converted into Part-FCL licences and associated ratings or certificates in accordance with the provisions of Annex II to this Regulation.

(b) for other categories of aircraft, shall be converted into Part-FCL licences and associated ratings or certificates in accordance with the principles established in a conversion report.


The conversion report mentioned in 3(b) shall:

(a) be developed by the competent authority of the Member State that issued the national pilot licence, including any associated ratings, certificates, authorisations and/or qualifications and approved by the Agency;

(b) describe the national rules on the basis of which the national pilot licences were issued;

(c) describe the scope of the privileges that were given to the pilots;

(d) indicate for which Part-FCL requirements credit is to be given;

(e) indicate any limitations that may need to be included on the Part-FCL licences and associated ratings or certificates, and which requirements the pilot may have to comply with to remove those limitations;

(f) include copies of all documents necessary to demonstrate the elements above, including copies of the relevant national requirements and procedures.


The scope of the privileges given to pilots whose national pilot licences, including any associated ratings, certificates and/or qualifications are converted into Part-FCL licences and associated ratings or certificates should at least cover the scope of the activities that the pilots are undertaking at the date of entry into force of this Regulation, provided that the safety level is not affected.

Notwithstanding paragraphs (1) and (3) (a), holders of a class rating instructor or examiner certificate that hold privileges for single-pilot high performance complex aeroplanes shall have those privileges converted into a type rating instructor or examiner certificate for single-pilot aeroplanes.

EN

5 EN
Article 5

Flight test pilots

Without prejudice to Article 4, pilots that at the date of entry into force of this Regulation have been conducting category 1 and 2 flight tests as defined in Part-21, or have been providing instruction for flight test pilots, shall have their national flight test qualifications converted into Part-FCL flight test ratings and, if applicable, flight test instructor certificates by the competent authority of the Member State that issued the national flight test qualifications.

This conversion shall be made in accordance with the principles of a conversion report that shall follow the requirements of Article 4(4) and (5), by the date of applicability of the related provisions of Part-FCL, in accordance with Article 10.

 

Article 6

Flight engineers

Holders of national flight engineer licences, including any associated ratings, certificates, authorisations and/or qualifications issued in accordance with ICAO Annex 1, wishing to convert their national flight engineer licences into Part-FCL pilot licences and associated ratings or certificates shall apply to the competent authority of the Member State that issued the national flight engineer licences.

National flight engineer licences, including any associated ratings, certificates, authorisations and/or qualifications may be converted into Part-FCL pilot licences and associated ratings or certificates in accordance with a conversion report that shall follow the requirements of Article 4(4) and (5) and, when the applicant wishes to apply for an Airline Transport Pilot Licence (ATPL) for aeroplanes, comply with the crediting provisions of FCL.510.A(c)(2) of Part-FCL.

 

Article 7

Third country licences

Without prejudice to Article 1, Member States may accept third country licences, including any associated ratings, certificates, authorisations and/or qualifications and medical certificates issued by or on behalf of third countries, in accordance with the provisions of Annex III to this Regulation.

Applicants for Part–FCL licences and associated ratings or certificates already holding at least an equivalent licence issued in accordance with ICAO Annex 1 by a third country shall meet all the requirements of Part–FCL, except that the requirements of course duration, number of lessons and specific training hours may be reduced.

 

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


Holders of an ATPL issued by or on behalf of a third country in accordance with ICAO Annex 1 who have completed the experience requirements for the issue of an ATPL in the relevant aircraft category established in Subpart F of Part-FCL may be credited in full with the requirements to undergo a training course prior to undertaking the theoretical knowledge examinations and the skill test, if the third

EN
6 EN
country licence contains a valid type rating for the aircraft to be used for the ATPL skill test.

4.

Aeroplane or helicopter type ratings may be issued to holders of Part-FCL licences and associated ratings or certificates 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 paragraph C.1 of Annex III to this Regulation.

Article 8

Credit for training

Training commenced prior to the entry into force of this Regulation in accordance with the JAA requirements and procedures shall be credited in full towards the issue of Part-FCL licences and associated ratings or certificates, provided that the training and testing are completed before

(4 years from the date of entry into force of this Regulation).
Training commenced prior to the entry into force of this Regulation in accordance with ICAO Annex 1 may be credited towards the issue of Part-FCL licences and associated ratings or certificates on the basis of a credit report developed by the competent authority and approved by the Agency.

 

The report shall describe the scope of the training, indicate for which Part-FCL requirements credit is given and, if applicable, which requirements applicants need to comply with in order to be issued with Part-FCL licences and associated ratings or certificates.

The report 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.

Article 9

Credit for military service

Military flight crew members wishing to obtain Part-FCL licences and associated ratings or certificates shall apply to the competent authority of the Member State in which they served.

The knowledge, experience and skill gained in military service shall be credited towards the relevant requirements of Part-FCL in accordance with the principles of a credit report developed by the competent authority and approved by the Agency.

 

The credit report shall:

(a) describe the national rules 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 Part-FCL requirements credit is to be given;

(d) indicate any limitations that may need to be included on the Part-FCL licences and associated ratings or certificates, and which requirements pilots may have to comply with to remove those limitations;

EN 7 EN
(f) include copies of all documents necessary to demonstrate the elements above, accompanied by copies of the relevant national requirements and procedures.

Article 10

Entry into force and applicability

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union and shall become applicable on 8 April 2012.

By way of derogation from paragraph 1, Member States may elect not to apply the following provisions of Part-FCL until

(a) the provisions related to licences and associated ratings or certificates of pilots of powered-lift aircraft, airships, balloons and sailplanes;

(b) the provisions of Subpart B

(3 years after the entry into force of this Regulation): (LAPL) and section 2 (LAFI), section 8 (MCCI), in the case of helicopters, section 10 (mountain instructor) and section 11 (flight test instructor) of Subpart J;
(c) the provisions of paragraphs FCL.800

(aerobatic rating), FCL.805 (sailplane towing and banner towing ratings), FCL.815 (mountain rating) and FCL.820 (flight test rating).
By way of derogation from Article 4 (2), Member States may elect not to convert their national aeroplane and helicopter licences until (2 years after the entry into force of this Regulation).

 

This Regulation shall enter into force on the […] day following that of its publication in the

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

Done at Brussels, […]

Official Journal of the European Union.
For the Commission

[…] Member of the Commission



The measures provided by this Regulation are based on the opinion issued by the Agency in accordance with Articles 17(2)(b) and 19(1) of the Basic Regulation.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the European Aviation Safety Agency Committee established by Article 54(3) of the Basic Regulation,

 

HAS ADOPTED THIS REGULATION:



 
Whereas:

(1)

The Basic Regulation establishes common essential requirements to provide for a high uniform level of civil aviation safety and environmental protection; it requires the Commission to adopt the necessary implementing rules to ensure their uniform application; it establishes the ‘European Aviation Safety Agency’ (hereinafter referred to as the ‘Agency’) to assist the Commission in the development of such implementing rules.

(2)

It is necessary to adopt common technical requirements and administrative procedures for the licensing of pilots, subject to the Basic Regulation; such requirements and procedures should specify the conditions to issue, maintain, amend, suspend or revoke the appropriate licences and certificates.

(3)

In adopting measures for the implementation of common essential requirements in the field of pilot licensing, the Commission must take care that they reflect the state of the art, including best practices, and scientific and technical progress in the field of pilot training.

(4)

The need to ensure uniformity in the application of common pilot licensing requirements makes it necessary that common procedures be followed by the competent authorities of the Member States and, where applicable, the Agency assess compliance with these requirements; the Agency should develop acceptable means of compliance and guidance material to facilitate the necessary regulatory uniformity.

(5)

It is necessary to permit a smooth transition to the new regulatory framework of the Agency ensuring that a high and uniform level of civil aviation safety in the Community is maintained; it is necessary to provide sufficient time for the aeronautical industry and Member State administrations to adapt to this new framework and to recognise the continuing validity of licences and certificates issued before the entry into force of this Regulation, in accordance with Article 69 of the Basic Regulation.




Draft



COMMISSION REGULATION (EC) No …/..

of […] on personnel requirements

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC.