Commission 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

• (b) Instruction provided outside the territory of the Member States
• (1) By way of derogation from paragraph (a)(1), in the case of flight instruction provided during a training course approved in accordance with this Annex (Part-SFCL) outside the territory for which Member States are responsible under the Chicago Convention, the competent authority shall issue a flight instructor certificate to an applicant who holds a sailplane pilot licence that is compliant with Annex 1 to the Chicago Convention, provided that the applicant:
• (i) holds at least a licence including, where relevant, privileges, ratings or certificates equivalent to those for which he or she is authorised to instruct;
• (ii) complies with the requirements established in this Subpart for the issue of the FI(S) certificate with the relevant instructional privileges;
• (iii) demonstrates to the competent authority an adequate level of knowledge of European aviation safety rules to be able to exercise his or her instructional privileges in accordance with this Annex.
• (2) The certificate shall be limited to the provision of flight instruction:
• (i) outside the territory for which Member States are responsible under the Chicago Convention;
• (ii) to a student pilot who has sufficient knowledge of the language in which flight instruction is provided.

Section 2

Flight instructor certificate for sailplanes – FI(S)

SFCL.315   FI(S) certificate – Privileges and conditions

• (a) Subject to compliance of the applicants with point SFCL.320 and with the following conditions, an FI(S) certificate shall be issued with privileges to conduct flight instruction for:
• (1) an SPL;
• (2) additional sailplane privileges in accordance with point SFCL.150(e);
• (3) launching methods in accordance with point SFCL.155, provided that the applicant has completed as PIC:
• (i) in the case of aerotow launch, at least 30 launches; or
• (ii) in the case of winch launch, at least 50 launches;
• (4) additional TMG privileges in accordance with point SFCL.150(b), provided that the applicant has:
• (i) completed at least 30 hours of flight time as PIC on TMGs;
• (ii) completed the training as specified in point SFCL.330(b)(2);
• (iii) demonstrated the ability to instruct on TMGs to an FI(S) who is qualified in accordance with paragraph (7) and nominated by the head of training of the ATO or the DTO;
• (5) basic aerobatic, advanced aerobatic or sailplane cloud flying privileges or the sailplane towing or the banner towing rating, provided that the applicant:
• (i) in the case of instruction for basic aerobatic or advanced aerobatic privileges, holds advanced aerobatic privileges in accordance with point SFCL.200(c);
• (ii) has demonstrated the ability to instruct for the relevant privileges or rating to an FI(S) who is qualified in accordance with paragraph (a)(7) and nominated by the head of training of an ATO or a DTO;
• (6) TMG flight at night, provided that the applicant:
• (i) complies with the night experience requirement in point SFCL.160(e)(2);
• (ii) has demonstrated the ability to instruct on TMGs at night to an FI(S) who is qualified in accordance with paragraph (7) and nominated by the head of training of an ATO or a DTO;
• (7) an FI(S) certificate, provided that the applicant has:
• (i) completed at least 50 hours or 150 launches of flight instruction in sailplanes;
• (ii) in accordance with the procedures established for that purpose by the competent authority, demonstrated the ability to instruct for the FI(S) certificate to an FI(S) who is qualified in accordance with this paragraph and nominated by the head of training of an ATO or a DTO.

• (b) The privileges listed in paragraph (a) shall include the privileges to conduct flight instruction for:
• (1) the issue of the relevant licence, privileges, ratings or certificate; and
• (2) the revalidation, renewal or compliance with the relevant recency requirements of this Annex, as applicable.

SFCL.320   FI(S) certificate – Prerequisites and requirements

Applicants for an FI(S) certificate shall:

• (a) be at least 18 years of age;

• (b) comply with the requirements of point (a)(1)(i) and paragraph (2) of point SFCL.300;

• (c) have completed 100 hours of flight time and 200 launches as PIC on sailplanes;

• (d) have completed an instructor training course in accordance with point SFCL.330 at an ATO or a DTO; and

• (e) have passed an assessment of competence in accordance with point SFCL.345.

SFCL.325   FI(S) competencies and assessment

Applicants for an FI(S) certificate shall be trained to achieve the following competencies:

• (a) prepare resources;

• (b) create a climate conducive to learning;

• (c) present knowledge;

• (d) integrate threat and error management (TEM) and crew resource management (CRM);

• (e) manage time to achieve training objectives;

• (f) facilitate learning;

• (g) assess trainee performance;

• (h) monitor and review progress;

• (i) evaluate training sessions; and

• (j) report outcome.

SFCL.330   FI(S) – Training course

• (a) Applicants for an FI(S) certificate shall first pass a specific pre-entry assessment at an ATO or a DTO, which shall take place within the 12 months preceding the start of the training course, to assess their ability to undertake the course.

• (b) The FI(S) training course shall include:
• (1) on sailplanes, excluding TMGs:
• (i) the elements specified in point SFCL.325;
• (ii) 25 hours of teaching and learning;
• (iii) 30 hours of theoretical knowledge instruction, including progress tests;
• (iv) at least six hours, of which a maximum of three hours may be completed in TMGs, or 20 launches of flight instruction;
• (2) additionally, if the privileges of the FI(S) certificate will include the privileges as specified in point SFCL.315(a)(4) and (a)(6), at least six hours of dual flight instruction on TMGs.

• (c) Applicants who already hold an instructor certificate in accordance with Annex III (Part-BFCL) to Regulation (EU) 2018/395 or with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 shall be fully credited towards the requirement in paragraph (b)(1)(ii).

• (d) When applying for an FI(S) certificate, a pilot who holds or has held an FI(A), (H) or (As) shall be credited with 18 hours towards the requirements in paragraph (b)(1)(iii).

SFCL.345   FI(S) – Assessment of competence

• (a) Applicants for the issue of an FI(S) certificate shall pass an assessment of competence to demonstrate to an examiner qualified in accordance with point SFCL.415(c) the ability to instruct a student pilot to the level required for the issue of an SPL.

• (b) The assessment shall include:
• (1) the demonstration of the competencies described in point SFCL.325, during pre-flight, post-flight and theoretical knowledge instruction;
• (2) oral theoretical examinations on the ground, pre-flight and post-flight briefings, and in-flight demonstrations in sailplanes;
• (3) exercises adequate to evaluate the instructor’s competencies.

• (c) The assessment of competence for the initial issue of an FI(S) certificate shall be conducted in sailplanes, excluding TMGs.

SFCL.350   FI(S) – Restricted privileges

• (a) An FI(S) shall have his or her privileges limited to conducting flight instruction under the supervision of an unrestricted FI(S) nominated by the ATO or the DTO for this purpose, in the following cases:
• (1) for the issue of an SPL;
• (2) for extending the privileges of an SPL to additional sailplane or TMG privileges in accordance with point SFCL.150;
• (3) for extending the privileges of an SPL to additional launching methods in accordance with point SFCL.155; and
• (4) for basic aerobatic, advanced aerobatic or sailplane cloud flying privileges or for the sailplane towing or banner towing rating.

• (b) Whilst conducting training under supervision, in accordance with paragraph (a), the FI(S) shall not have the privilege to authorise a student pilot to conduct his or her first solo flight or first solo cross-country flight.

• (c) The limitations in (a) and (b) shall be removed from the FI(S) certificate after the FI(S) has completed at least 15 hours or 50 launches of flight instruction covering all phases of a sailplane flight. In the case of a restricted FI(S) who complied with point SFCL.330(b)(2), 5 out of those 15 hours may be completed in TMGs, and 15 out of those 50 launches may be replaced by take-offs and landings in TMGs.

SFCL.360   FI(S) certificate – Recency requirements

• (a) An FI(S) certificate holder shall only exercise the privileges of his or her certificate if before the planned exercise of those privileges he or she has:
• (1) within the last three years, completed:
• (i) instructor refresher training at an ATO, a DTO, or a competent authority during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for sailplane instructors; and
• (ii) when providing flight instruction as FI(S), at least:
• (A) 30 hours; or
• (B) 60 launches or take-offs and landings; and
• (2) within the last nine years and in accordance with the procedures established for that purpose by the competent authority, demonstrated the ability to instruct on sailplanes to an FI(S) who is qualified in accordance with point SFCL.315(a)(7) and nominated by the head of training of an ATO or a DTO.

• (b) The hours flown as an FE(S) during skill tests, proficiency checks and assessments of competence shall be fully credited towards the requirement in paragraph (a)(1)(ii).

• (c) If the FI(S) certificate holder has failed to complete the instruction flight under supervision to the satisfaction of the FI(S) in accordance with paragraph (a)(2), he or she shall not exercise the privileges of the FI(S) certificate until he or she has successfully completed an assessment of competence in accordance with point SFCL.345.

• (d) To resume the exercise of the privileges of the FI(S) certificate, an FI(S) certificate holder who does not comply with all the requirements in paragraph (a) shall comply with the requirements of paragraph (a)(1)(i) and of point SFCL.345.

SUBPART FE

FLIGHT EXAMINERS

Section 1

General requirements

SFCL.400   Sailplane flight examiner certificates

• (a) General An examiner shall only carry out skill tests, proficiency checks or assessments of competence in accordance with this Annex if he or she:
• (1) holds:
• (i) an SPL including privileges, ratings and certificates for which he or she is authorised to conduct skill tests, proficiency checks or assessments of competence, and the privileges to instruct for them;
• (ii) an FE(S) certificate including privileges appropriate to the skill test, proficiency check or assessment of competence conducted, issued in accordance with this Subpart;
• (2) is entitled to act as PIC in a sailplane during the skill test, proficiency check or assessment of competence.

• (b) Examinations conducted outside the territory of the Member States
• (1) By way of derogation from paragraph (a)(1), in the case of skills tests and proficiency checks performed outside the territory for which Member States are responsible under the Chicago Convention, the competent authority shall issue an examiner certificate to an applicant who holds a sailplane pilot licence that is compliant with Annex 1 to the Chicago Convention, provided that the applicant:
• (i) holds at least a licence including, where relevant, privileges, ratings or certificates equivalent to those for which he or she is authorised to conduct skill tests or proficiency checks;
• (ii) complies with the requirements established in this Subpart for the issue of the relevant examiner certificate;
• (iii) demonstrates to the competent authority an adequate level of knowledge of Union aviation safety rules to be able to exercise the examiner privileges in accordance with this Annex.
• (2) The certificate referred to in paragraph (1) shall be limited to performing skill tests and proficiency checks:
• (i) outside the territory for which Member States are responsible under the Chicago Convention; and
• (ii) to a pilot who has sufficient knowledge of the language in which the test/check is provided.

SFCL.405   Limitation of privileges in case of vested interests

A sailplane examiner shall not conduct:

• (a) a skill test or assessment of competence of an applicant for the issue of a licence, rating or certificate to whom he or she has provided more than 50 % of the required flight instruction for the licence, rating or certificate for which the skill test or assessment of competence is taken; or

• (b) a skill test, proficiency check or assessment of competence whenever he or she feels that his or her objectivity may be affected.

SFCL.410   Conduct of skill tests, proficiency checks and assessments of competence

• (a) When conducting skill tests, proficiency checks and assessments of competence, a sailplane examiner shall do all of the following:
• (1) ensure that communication with the applicant can be established without language barriers;
• (2) verify that the applicant complies with all the qualification, training and experience requirements of this Annex for the issue, revalidation or renewal of the licence, privileges, rating or certificate for which the skill test, proficiency check or assessment of competence is taken;
• (3) make the applicant aware of the consequences of providing incomplete, inaccurate or false information related to his or her training and flight experience.

• (b) After completion of the skill test, proficiency check or assessment of competence, the sailplane examiner shall:
• (1) inform the applicant of the results of the skill test, proficiency check or assessment of competence;
• (2) in the event of a pass in an assessment of competence for the revalidation or renewal, endorse the new expiry date on the applicant’s licence or certificate, if specifically authorised for that purpose by the competent authority that is responsible for the applicant’s licence;
• (3) provide the applicant with a signed report of the skill test, proficiency check or assessment of competence and submit without undue delay copies of the report to the competent authority that is responsible for the applicant’s licence, and to the competent authority that issued the examiner certificate. The report shall include:
• (i) a declaration that the sailplane examiner has received information from the applicant regarding his or her experience and instruction, and found that experience and instruction comply with the applicable requirements of this Annex;
• (ii) confirmation that all the required manoeuvres and exercises have been completed, as well as information on the verbal theoretical knowledge examination, when applicable. If an item of those categories has been failed, the examiner shall record the reasons for this assessment;
• (iii) the result of the skill test, proficiency check or assessment of competence;
• (iv) a declaration that the sailplane examiner has reviewed and applied the national procedures and requirements of the applicant’s competent authority if the competent authority that is responsible for the applicant’s licence is not the one that issued the examiner’s certificate;
• (v) a copy of the sailplane examiner certificate containing the scope of his or her privileges as sailplane examiner in the case of skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner’s certificate.

• (c) The sailplane examiner shall maintain the records for five years with details of all skill tests, proficiency checks and assessments of competence performed and their results.

• (d) Upon request by the competent authority that is responsible for the sailplane examiner certificate, or the competent authority that is responsible for the applicant’s licence, the sailplane examiner shall submit all records and reports, and any other information, as required, for oversight activities.

Section 2

Flight examiner certificate for sailplanes – FE(S)

SFCL.415   FE(S) certificate – Privileges and conditions

Subject to compliance of the applicant with point SFCL.420 and with the following conditions, an FE(S) certificate shall be issued upon application with privileges to conduct:

• (a) skill tests and proficiency checks for the SPL, provided that the applicant has completed, on sailplanes, excluding TMGs, 300 hours of flight time as a pilot, including 150 hours or 300 launches of flight instruction;

• (b) skill tests for the extension of the SPL privileges to TMG in accordance with point SFCL.150(e), provided that the applicant has completed 300 hours of flight time on sailplanes, including 50 hours of flight instruction in TMGs;

• (c) assessments of competence for the issue of FI(S) certificates on sailplanes, provided that the applicant has:
• (1) completed at least 500 hours of flight time as pilot on sailplanes, including, if the privileges of the FE(S) certificate will be exercised in:
• (i) sailplanes, excluding TMGs, at least 10 hours or 30 launches instructing the applicant for an FI(S) certificate in sailplanes, excluding TMGs;
• (ii) TMGs, at least 10 hours or 30 take-offs and landings instructing the applicant for an FI(S) certificate in TMGs;
• (2) received specific training during an examiner standardisation course in accordance with point SFCL.430.

SFCL.420   FE(S) certificate – Prerequisites and requirements

Applicants for an FE(S) certificate shall:

• (a) comply with the requirements of point (a)(1)(i) and paragraph (a)(2) of point SFCL.400;

• (b) have completed the FE(S) standardisation course in accordance with point SFCL.430;

• (c) have completed an assessment of competence in accordance with point SFCL.445;

• (d) demonstrate relevant background related to the privileges of the FE(S) certificate; and

• (e) demonstrate that they have not been subject to any sanctions, including the suspension, limitation or revocation of any of his or her licences, ratings or certificates issued in accordance with this Annex, with Annex I (Part-FCL) to Regulation (EU) No 1178/2011, or with Annex III (Part-BFCL) to Regulation (EC) No 2018/395, for non-compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts during the last three years.

SFCL.430   FE(S) certificate – Standardisation course

• (a) Applicants for an FE(S) certificate shall take a standardisation course which is provided either by the competent authority or by an ATO or a DTO and approved by that competent authority.

• (b) The standardisation course shall be tailored to the sailplane flight examiner privileges sought and shall consist of theoretical and practical instruction, including, at least:
• (1) the conduct of two skill tests, proficiency checks or assessments of competence for the SPL or associated ratings or certificates;
• (2) instruction on the applicable requirements of this Annex and the applicable air operations requirements, the conduct of skill tests, proficiency checks and assessments of competence, and their documentation and reporting;
• (3) a briefing on the following:
• (i) national administrative procedures;
• (ii) requirements for the protection of personal data;
• (iii) examiner’s liability;
• (iv) examiner’s accident insurance;
• (v) national fees; and
• (vi) information on how to access the information contained in points (i) to (v) when conducting skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner certificate.

• (c) An FE(S) certificate holder shall not conduct skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner certificate, unless he or she has reviewed the latest available information containing the relevant national procedures of the applicant’s competent authority.

SFCL.445   FE(S) certificate – Assessment of competence

An applicant for the initial issue of an FE(S) certificate shall demonstrate his or her competence as an FE(S), to an inspector from the competent authority or to a senior examiner specifically authorised to do so by the competent authority that is responsible for the FE(S) certificate. During the assessment of competence, the applicant shall conduct a skill test, proficiency check or assessment of competence, including briefing, conduct of the skill test, proficiency check or assessment of competence, and assessment of the person to whom the test, check or assessment is given, debriefing and recording documentation.

SFCL.460   FE(S) certificate – Validity, revalidation and renewal

• (a) An FE(S) certificate shall be valid for five years.

• (b) An FE(S) certificate shall be revalidated if its holder has:
• (1) during the validity period of the FE(S) certificate, completed an examiner refresher course which is provided either by the competent authority or by an ATO or a DTO and approved by that competent authority, during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for sailplane examiners;
• (2) within the last 24 months preceding the end of the validity period of the certificate, demonstrated the ability to conduct skill tests, proficiency checks or assessments of competence to an inspector from the competent authority or an examiner specifically authorised to do so by the competent authority that is responsible for the FE(S) certificate.

• (c) An FE(S) certificate holder who also holds one or more examiner certificates for other aircraft categories in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 or with Annex III (Part-BFCL) to Regulation (EU) 2018/395 may achieve combined revalidation of all examiner certificates held, in agreement with the competent authority.

• (d) If an FE(S) certificate has expired, its holder shall comply with the requirements of paragraph (b)(1) and of point SFCL.445 before he or she can resume the exercise of the privileges of the FE(S) certificate.

• (e) An FE(S) certificate shall only be revalidated or renewed if the applicant demonstrates continued compliance with the requirements of point SFCL.410 as well as with the requirements of point SFCL.420(d) and (e).

[^E0001]: 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 (OJ L 311, 25.11.2011, p. 1).

[^E0002]: Commission Regulation (EU) No 748/2012 of 3 August 2012 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 organisations (OJ L 224, 21.8.2012, p. 1).

[^E0003]: Commission Delegated Regulation (EU) of 4 March 2020 (not yet published in the Official Journal).

[^E0004]: Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1).

[^E0005]: Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).