LegalizeCommission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council
Article 1
Subject matter and scope
Article 2
Definitions
For the purposes of this Regulation, the following definitions and, unless terms are defined otherwise in this Article, the definitions of Article 2 of Regulation (EU) No 1178/2011 apply:
(1) ‘sailplane’ means a heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine;
(2) ‘engine’ means a device used or intended to be used for powered sailplane propulsion;
(3) ‘powered sailplane’ means a sailplane equipped with one or more engines having, with engine(s) inoperative, the characteristics of a sailplane;
(4) ‘commercial operation’ means any operation of a sailplane, in return for remuneration or other valuable consideration, which is available for the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator;
(5) ‘competition flight’ means any air operation with a sailplane performed for the purposes of participating in air races or contests, including practising for such operation and flying to and from air races or contests;
(6) ‘flying display’ means any air operation with a sailplane performed for the purposes of providing an exhibition or entertainment at an advertised event open to the public, including practising for such operation and flying to and from the advertised event;
(7) ‘introductory flight’ means any air operation with a sailplane against remuneration or other valuable consideration consisting of an air tour of short duration for the purpose of attracting new trainees or new members, performed either by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011 (1) or by an organisation created with the aim of promoting aerial sport or leisure aviation;
(8) ‘aerobatic flight’ means an intentional manoeuvre involving an abrupt change in a sailplane's attitude, an abnormal attitude or abnormal acceleration, not necessary for normal flight or for instruction for licences, certificates or ratings other than the aerobatic rating;
(9) ‘principal place of business’ means the head office or registered office of an operator of a sailplane within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;
(10) ‘dry lease agreement’ means an agreement between undertakings pursuant to which the sailplane is operated under the responsibility of the lessee;
(11) ‘national licence’ means a pilot licence issued by a Member State in accordance with national legislation before the date of application of Annex III (Part-SFCL) to this Regulation or of Annex I (Part-FCL) to Regulation (EU) No 1178/2011;
(12) ‘Part-SFCL licence’ means a flight crew licence which complies with the requirements of Annex III (Part-SFCL) to this Regulation;
(13) ‘conversion report’ means a report on the basis of which a licence may be converted into a Part-SFCL licence.
Article 3
Air operations
The first subparagraph shall not apply to design or production organisations which comply with Articles 8 and 9, respectively, of Commission Regulation (EU) No 748/2012 (2) and which operate the sailplane, within the scope of their privileges, for the purposes of the introduction or modification of sailplane types.
The first subparagraph shall not apply to the following operations with sailplanes:
(a) cost-shared operations, provided that the direct costs of the flight of the sailplane and a proportionate part of the annual costs incurred for the storage, insurance and maintenance of the sailplane are shared by the individuals on board;
(b) competition flights or flying displays, provided that the remuneration or any other valuable consideration for such flights is limited to the recovery of the direct costs of the flight of the sailplane and a proportionate part of the annual costs incurred for the storage, insurance and maintenance of the sailplane and that any prizes gained do not exceed the value specified by the competent authority;
(c) introductory flights, flights for the purposes of parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created for the purposes of promoting aerial sport or leisure aviation, provided that the organisation operates the sailplane on the basis of either ownership or a dry lease agreement, that the flight does not generate profits distributed outside of the organisation and that such flights represent only a marginal activity of the organisation;
(d) training flights, performed by a training organisation having its principal place of business in a Member State and referred to in Article 10a of Regulation (EU) No 1178/2011.
Article 3a
Pilot licences and medical certification
A Member State may authorise student pilots who follow a sailplane pilot licence (‘SPL’) training course to exercise limited privileges without supervision before they meet all the requirements that are necessary for the issue of an SPL in accordance with Annex III (Part-SFCL) to this Regulation, subject to all of the following conditions:
(a) the scope of the privileges granted 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; and (ii) sailplanes that are registered in the authorising Member State;
(c) the holder of an authorisation who applies for the issue of an SPL shall receive credits for training conducted on the basis of a recommendation from an approved training organisation (‘ATO’) or a declared training organisation (‘DTO’);
(d) the Member State shall submit reports and safety risk assessments to the Commission and the European Union Aviation Safety Agency (‘EASA’) every 3 years;
(e) the Member State 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 safety concerns.
Article 3b
Existing pilot licences and national medical certificates
When a Member State reissues licences and associated privileges, ratings and certificates in accordance with paragraph 1, the Member State shall, as applicable:
(a) transfer all privileges endorsed so far in Part-FCL licences to the new licence format;
(b) convert aerobatic ratings issued in accordance with point FCL.800 of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 into advanced aerobatic privileges in accordance with point SFCL.200(c) of Annex III (Part-SFCL) to this Regulation;
(c) endorse the expiry date of a flight instructor certificate associated with a Part-FCL licence into the pilot’s logbook or issue an equivalent document. After that expiry date, pilots shall exercise instructor privileges only when they comply with point SFCL.360 of Annex III (Part-SFCL) to this Regulation.
Article 3c
Credit for training that commenced prior to the date of application of this Regulation
Article 3d
Training organisations
Training organisations referred to in paragraph 1 which hold an approval issued in accordance with Annex VII (Part-ORA) to Regulation (EU) No 1178/2011 or have submitted a declaration in accordance with Annex VIII (Part-DTO) to Regulation (EU) No 1178/2011 before the date of application of this Regulation shall adapt their training programmes, where necessary, by 8 April 2021 at the latest.
Article 4
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 9 July 2019.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
DEFINITIONS
[PART-DEF]
For the purpose of this Regulation, the following definitions and, unless terms are defined otherwise in this Annex, the definitions of Article 2 of Commission Regulation (EU) No 1178/2011 as well as of point FCL.010 of Annex I (Part-FCL) to that Regulation, shall apply:
‘acceptable means of compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts;
‘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 (EU) 2018/1139 and its delegated and implementing acts for which no associated AMC have been adopted by the Agency;
‘pilot-in-command (PIC)’ means the pilot designated as being in command and charged with the safe conduct of the flight;
‘aircraft flight manual (AFM)’ means the document containing the applicable and approved operating limitations and information with respect to the sailplane;
‘psychoactive substances’ means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, with the exception of caffeine and tobacco;
‘critical phases of flight’ means take-off run, take-off flight path, final approach, missed approach, landing, including landing roll, and any other phases of flight which the pilot-in-command determines as critical for the safe operation of the sailplane;
‘operating site’ means a site, other than an aerodrome, selected by the pilot-in-command or the operator for landing or take-off;
‘crew member’ means a person assigned by an operator to perform duties on board the sailplane, when not the pilot-in-command himself or herself, under the authority of the pilot-in-command;
‘electronic flight bag (EFB)’ means an electronic information system, comprised of equipment and applications for flight crew, which allows for the storing, updating, displaying and processing of EFB functions to support flight operations or duties;
‘dangerous goods’ means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the technical instructions or which are classified according to those instructions;
‘technical instructions’ means the latest effective edition of the ‘Technical instructions for the safe transport of dangerous goods by air’, including the supplement and any addenda, published by ICAO in document 9284-AN/905;
‘sailplane specialised operation’ means any operation, which can be commercial or non-commercial, with a sailplane the main purpose of which is not associated with typical sport and recreational operations, but parachute operations, news media flights, television or movie flights, flying display or similar specialised activities;
‘night’ means the period between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the centre of the sun’s disc is six degrees below the horizon and begins in the morning when the centre of the sun’s disc is six degrees below the horizon;
‘skill test’ means the demonstration of skill for the purpose of issuing a licence or rating, or extension of a privilege, including oral examinations as may be required;
‘assessment of competence’ means the demonstration of skill, knowledge and attitude for the initial issue, revalidation or renewal of an instructor or examiner certificate;
‘flight time’ means:
(a) for self-launch sailplanes and touring motor gliders, the total time from the moment an aircraft first moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight; (b) for sailplanes, the total time from the moment the sailplane commences the ground run in the process of taking off until the moment the sailplane finally comes to a rest at the end of flight;
‘proficiency check’ means the demonstration of skill for the purpose of complying with the recency requirements as established in this Regulation, and including oral examinations as may be required;
‘solo flight’ means a flight during which a student pilot is the sole occupant of an aircraft;
‘cross-country flight’ means a flight outside the line of sight or distance defined by the competent authority from the field of departure using standard navigation procedures.
ANNEX II
SAILPLANE AIR OPERATIONS
[PART-SAO]
SUBPART GEN
GENERAL REQUIREMENTS
In accordance with Article 3, this Subpart establishes the requirements to be met by any operator of sailplanes, other than design or production organisations referred to in the second subparagraph of Article 3(1).
The competent authority shall be the authority designated by the Member State where the operator has its principal place of business or, where the operator has no principal place of business, the place where the operator is established or resides. That authority shall be subject to the requirements of Article 3 of Regulation (EU) No 965/2012 in accordance with Article 1(7) of that Regulation.
(a) An operator shall, when so requested by the competent authority which is verifying continued compliance by the operator in accordance with point ARO.GEN.300(a)(2) of Annex II to Regulation (EU) No 965/2012, demonstrate compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.
(b) In order to demonstrate such compliance, the operator may refer to the following means: (1) acceptable means of compliance (AMC); (2) alternative means of compliance (AltMoC).
Introductory flights shall be:
(a) operated under visual flight rules (VFR) by day; and
(b) overseen as regards their safety by a person who has been nominated by the organisation responsible for the introductory flights.
The operator shall implement:
(a) safety measures mandated by the competent authority in accordance with point (c) of point ARO.GEN.135 of Annex II to Regulation (EU) No 965/2012; and
(b) airworthiness directives and other mandatory information issued by the Agency in accordance with point (h) of Article 77(1) of Regulation (EU) 2018/1139.
The operator shall designate a pilot-in-command who is qualified to act as pilot-in-command in accordance with Annex III to this Regulation.
The pilot-in-command shall:
(a) be responsible for the safety of the sailplane and of any person on board during sailplane operations;
(b) be responsible for the initiation, continuation or termination of a flight in the interest of safety;
(c) ensure that all applicable operational procedures and checklists are complied with;
(d) only commence a flight if he or she is satisfied that all operational requirements are complied with, as follows: (1) the sailplane is airworthy; (2) the sailplane is duly registered; (3) instruments and equipment required for the execution of the flight are carried on board the sailplane and are operative; (4) the mass of the sailplane and the centre of gravity location are such that the flight can be conducted within the limits defined by the aircraft flight manual (AFM); (5) all equipment and baggage are properly loaded and secured, and an emergency evacuation remains possible; and (6) the operating limitations of the sailplane, as specified in the AFM, will not be exceeded at any time during the flight;
(e) ensure that the pre-flight inspection has been carried out as specified in the AFM;
(f) not perform duties on a sailplane in one of the following situations: (1) when he or she is incapacitated from performing duties by any cause, including injury, sickness, medication, fatigue or the effects of any psychoactive substance, or feels otherwise unfit; (2) if applicable medical requirements are not fulfilled;
(g) refuse carriage of or disembark any person or baggage that may represent a potential hazard to the safety of the sailplane or any person carried therein;
(h) not allow a person to be carried in the sailplane who appears to be under the influence of psychoactive substances to the extent that the safety of the sailplane or the persons therein is likely to be endangered;
(i) ensure that during critical phases of flight or whenever deemed necessary in the interest of safety, all persons on board are seated and have their safety belt fastened;
(j) during flight: (1) keep his or her safety belt fastened; and (2) remain at the control of the sailplane at all times except if another pilot is taking the controls;
(k) take any action in an emergency situation that requires immediate decision and action which he or she considers necessary under the circumstances. In such cases, he or she may deviate from rules, operational procedures and methods to the extent necessary in the interest of safety;
(l) not continue a flight beyond the nearest weather-permissible aerodrome or operating site, when his or her capacity to perform his or her duties is significantly reduced because of sickness, fatigue or lack of oxygen or any other cause;
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