Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council Text with EEA relevance

Article 1

Subject matter

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).

Article 2

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;

(3a) ‘Complex aeroplane’ means an aeroplane that meets either of the following characteristics: (i) with a maximum certificated take-off mass exceeding 5 700  kg; (ii) certificated for a maximum passenger seating configuration of more than nineteen; (iii) certificated for operation with a minimum crew of two pilots; (iv) equipped with a turbojet engine or turbojet engines or more than one turboprop engine;

(3b) ‘Complex helicopter’ means a helicopter that meets either of the following characteristics: (i) with a maximum certificated take-off mass exceeding 3 175  kg; (ii) certificated for a maximum passenger seating configuration of more than nine; (iii) certificated for operation with a minimum crew of two pilots;

(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;

(8a) ‘rotorcraft’ means a power-driven, heavier-than-air aircraft that depends principally for its support in flight on the lift generated by up to two rotors;

(8b) ‘vertical take-off and landing (VTOL)-capable aircraft (VCA)’ means a power-driven, heavier-than-air aircraft, other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during take-off and landing;

(8c) ‘SEP aeroplane’ means a single-engine, single-pilot aeroplane for which no type rating is required and whose single centric propulsion unit is operated by a single thrust control and driven by either of the following types of engine: (a) a piston engine; (b) an electric engine system which, if so specified following the certification process in accordance with Regulation (EU) No 748/2012, may consist of more than one electric engine; (c) a hybrid engine system that consists of piston and electric engines, if so specified following the certification process in accordance with Regulation (EU) No 748/2012;

(8d) ‘SEP helicopter’ means a single-engine, single-pilot helicopter which is powered by a piston engine;

(11) ‘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;

(14) ‘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 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) ‘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.

Article 3

Pilot licensing and medical certification

Article 3a

Transitional measures for medical assessment protocols applied in accordance with point ARA.MED.330 of Annex VI (Part-ARA) and medical certificates issued on the basis thereof

Article 4

Existing national pilots’ licences

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.

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.

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) SEP aeroplanes and SEP helicopters, both with a maximum take-off mass not exceeding 2 000  kg;

(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.

Until 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.

Article 4a

Performance-based navigation instrument rating privileges

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).

Article 4b

Upset prevention and recovery training

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).

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.

Article 4c

Transitional measures for holders of an en route instrument rating

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) continue to be entitled to receive revalidation or renewal of their EIR, in accordance with point FCL.825(g) of Annex I (Part-FCL);

(c) be entitled to receive full credit towards the training requirements in point FCL.835(c)(2)(i) and (iii) 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) continue to be entitled to receive full credit as established for EIR holders in Annex I (Part- FCL).

Article 4d

Transitional measures for single-engine instrument rating privileges for helicopters

Without prejudice to point FCL.630.H of Annex I (Part-FCL) to this Regulation, all of the following shall apply:

Article 4e

Transitional measures for training, testing and checking related to multi-pilot operations in single-pilot helicopters

Member States may decide to issue specific privileges for conducting training, skill tests and proficiency checks in multi-pilot operation in single-pilot helicopters to applicants who meet all of the following conditions:

(a) hold an instructor or examiner certificate, as applicable, issued in accordance with Annex I (Part-FCL) to this Regulation, including the privileges to instruct or to examine, as applicable, in the relevant type of helicopter;

(b) have completed the training specified in point FCL.735.H of Part-FCL;

(c) have experience in multi-pilot operation in helicopters at a level that is acceptable to the competent authority of that Member State.

Article 4f

Type ratings for VCA

Applicants that hold a commercial pilot licence for aeroplanes (CPL(A)) or helicopters (CPL(H)) in accordance with Annex I (Part-FCL) shall be entitled to be issued with a type rating for a VCA and shall exercise the privileges of such a type rating, provided they comply with all the following:

(a) the prerequisites specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012;

(b) Section 1 of Subpart H of Annex I (Part-FCL) and the provisions of this Article.

Type rating training, skill tests and proficiency checks for aircraft specified in paragraph 1 shall:

(a) comply with the following requirements of Appendix 9 to Annex I (Part-FCL): (i) Section A; (ii) Sections B, C or D, as determined and unless otherwise specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012; and

(b) under the conditions and to the extent specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, include additional training and testing to allow applicants to obtain the competence to operate the relevant VCA.