Commission Implementing Regulation (EU) 2019/1747 of 15 October 2019 amending Regulation (EU) No 1178/2011 as regards requirements for certain flight crew licences and certificates, rules on training organisations and competent authorities (Text with EEA relevance)
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
- (2) in the period of 12 months immediately preceding the expiry date of the certificate, have completed an examiner refresher course which is provided by the competent authority or which is provided by an ATO and approved by the competent authority. An examiner holding a certificate for sailplanes or balloons may have completed, in the period of 12 months immediately preceding the expiry date of the certificate, an examiner refresher course which is provided by a DTO and approved by the competent authority;
- (3) one of the skill tests, proficiency checks or assessments of competence conducted in accordance with point (1) shall take place in the period of 12 months immediately preceding the expiry date of the examiner certificate and shall:
- (i) have been assessed by an inspector from the competent authority or by a senior examiner specifically authorised to do so by the competent authority responsible for the examiner certificate; or
- (ii) comply with the requirements in point FCL.1020.
If applicants for the revalidation hold privileges for more than one category of examiner, all examiner privileges may be revalidated if applicants comply with the requirements laid down in points (b)(1) and (2) and point FCL.1020 for one of the categories of examiner certificates held, in agreement with the competent authority.
- (c) Renewal
If the certificate has expired, before resuming the exercise of the privileges, the applicants shall comply with the requirements in point (b)(2) and point FCL.1020 in the period of 12 months immediately preceding the application for the renewal.
- (d) An examiner certificate shall only be revalidated or renewed if applicants demonstrate continued compliance with the requirements laid down in points FCL.1010 and FCL.1030.’;
- (52) point FCL.1005.TRE is amended as follows:
- (a) in point (a), point (5) is replaced by the following:
- ‘(5) assessments of competence for the issue, revalidation or renewal of a TRI or SFI certificates in the applicable aircraft category, provided that they have completed at least 3 years as a TRE and have undergone specific training for the assessment of competence in accordance with point FCL.1015 (b).’;
- (b) in point (b) point (4) is replaced by the following:
- ‘(4) assessments of competence for the issue, revalidation or renewal of a TRI(H) or SFI(H) certificates, provided that they have completed at least 3 years as a TRE and have undergone specific training for the assessment of competence in accordance with point FCL.1015 (b).’;
- (53) in point FCL.1005.CRE, point (b) is replaced by the following:
- ‘(b) proficiency checks for:
- (1) revalidation or renewal of class and type ratings;
- (2) revalidation of IRs, provided that they have completed at least 1500 hours as pilots of aeroplanes and have competed at least 450 hours of flight time under IFR;
- (3) renewal of IRs, provided that they comply with the requirements laid down in point FCL.1010.IRE(a); and
- (4) revalidation and renewal of EIRs, provided that they have completed at least 1 500 hours as a pilot on aeroplanes and comply with the requirements laid down in point FCL.1010.IRE(a)(2).’;
- (54) in point FCL.1010.CRE, point (b) is replaced by the following:
- ‘(b) hold a CRI or FI certificate with instructional privileges for the applicable class or type;’;
- (55) point FCL.1010.IRE is replaced by the following:
‘ FCL.1010.IRE Prerequisites
- (a) IRE(A)
Applicants for an IRE certificate for aeroplanes shall hold an IRI(A) or an FI(A) certificate with the privilege to instruct for the IR(A) and shall have completed:
- (1) 2000 hours of flight time as pilots of aeroplanes; and
- (2) 450 hours of flight time under IFR, of which 250 hours shall be as an instructor.
- (b) IRE(H)
Applicants for an IRE certificate for helicopters shall hold an IRI(H) or an FI(H) certificate with the privilege to instruct for the IR(H) and shall have completed:
- (1) 2000 hours of flight time as pilots of helicopters; and
- (2) 300 hours of instrument flight time in helicopters, of which 200 hours shall be as an instructor.
- (c) IRE(As)
Applicants for an IRE certificate for airships shall hold an IRI(As) or an FI(As) certificate with the privilege to instruct for the IR(As) and shall have completed:
- (1) 500 hours of flight time as pilots on airships; and
- (2) 100 hours of instrument flight time on airships, of which 50 hours shall be as an instructor.’;
- (56) point FCL.1005.SFE is replaced by the following:
‘ FCL.1005.SFE Privileges and conditions
- (a) SFE for aeroplanes (SFE(A)) and SFE for powered-lift aircraft (SFE(PL))
The privileges of SFEs for aeroplanes or powered-lift aircraft are to conduct in an FFS, or for the assessments in point (5) on the applicable FSTD:
- (1) skill tests and proficiency checks for the issue, revalidation or renewal of type ratings for aeroplanes or powered-lift aircraft, as applicable;
- (2) proficiency checks for the revalidation or renewal of IRs if combined with the revalidation or renewal of a type rating, provided that they have passed a proficiency check for the aircraft type including the instrument rating within the last year;
- (3) skill tests for ATPL(A) issue;
- (4) skill tests for MPL issue, provided that they have complied with the requirements laid down in point FCL.925; and
- (5) assessments of competence for the issue, revalidation or renewal of an SFI certificate in the relevant aircraft category, provided that they have completed at least 3 years as an SFE(A) and have undergone specific training for the assessment of competence in accordance with point FCL.1015 (b).
- (b) SFE for helicopters (SFE(H))
The privileges of an SFEs(H) are to conduct in an FFS or for the assessments in point (4) on the applicable FSTD:
- (1) skill tests and proficiency checks for the issue, revalidation and renewal of type ratings;
- (2) proficiency checks for the revalidation and renewal of IRs if those checks are combined with the revalidation or renewal of a type rating, provided that the SFEs have passed a proficiency check for the aircraft type including the instrument rating within the last year preceding the proficiency check;
- (3) skill tests for ATPL(H) issue; and
- (4) assessments of competence for the issue, revalidation or renewal of an SFI(H) certificate, provided that they have completed at least 3 years as an SFE(H) and have undergone specific training for the assessment of competence in accordance with point FCL.1015 (b).’;
- (57) point FCL.1010.SFE is replaced by the following:
‘ FCL.1010.SFE Prerequisites
- (a) SFE(A)
Applicants for an SFE(A) certificate shall comply with all of the following conditions:
- (1) in the case of multi-pilot aeroplanes:
- (i) hold or have held an ATPL(A) and a type rating for the applicable type of aeroplane;
- (ii) an SFI(A) certificate for the applicable type of aeroplane; and
- (iii) have at least 1500 hours of flight time as pilots of multi-pilot aeroplanes;
- (2) in the case of single-pilot high-performance complex aeroplanes:
- (i) hold or have held a CPL(A) or an ATPL(A) and a type rating for the applicable type of aeroplane;
- (ii) hold an SFI(A) certificate for the applicable class or type of aeroplane;
- (iii) have at least 500 hours of flight time as pilots of single-pilot aeroplanes;
- (3) for the initial issue of an SFE certificate, have completed at least 50 hours of synthetic flight instruction as a TRI(A) or an SFI(A) on the applicable type.
- (b) SFE(H)
Applicants for an SFE(H) certificate shall comply with all of the following conditions:
- (1) hold or have held an ATPL(H), and a type rating for the applicable type of helicopter;
- (2) hold an SFI(H) certificate for the applicable type of helicopter;
- (3) have at least 1000 hours of flight time as pilots of multi-pilot helicopters;
- (4) for the initial issue of an SFE certificate, have completed at least 50 hours of synthetic flight instruction as a TRI(H) or an SFI(H) on the applicable type.’;
- (58) points 1.1. and 1.2. of Appendix 1 are replaced by the following:
- ‘1.1. For the issue of an LAPL, the holder of an LAPL in another category of aircraft shall be fully credited with theoretical knowledge on the common subjects established in point FCL.120. However, the subject “navigation” shall only be subject to such a credit in the case of an LAPL(A) holder who applies for the issue of an LAPL(H) or an LAPL(H) holder who applies for the issue of an LAPL(A).
- 1.2. For the issue of an LAPL(A), an LAPL(H) or a PPL, holders of a PPL, CPL or ATPL in another category of aircraft shall be fully credited with theoretical knowledge on the common subjects established in point FCL.215(a)(1).’;
- (59) a new point 1.2a. to Appendix 1 is inserted as follows:
- ‘1.2a For the issue of an LAPL(B), an LAPL(S), a BPL or an SPL, holders of a licence in another category of aircraft shall be fully credited with theoretical knowledge on the common subjects established in point FCL.215(b)(1).’;
- (60) in part A of Appendix 3, point (b) in point 9 is replaced by the following:
- ‘(b) 70 hours as PIC, of which up to 55 hours may be SPIC. The instrument flight time as SPIC shall only be counted as PIC flight time up to a maximum of 20 hours.’;
- (61) in part C of Appendix 3, point (b) in point 8 is replaced by the following:
- ‘(b) 70 hours as PIC, of which up to 55 hours may be SPIC. The instrument flight time as SPIC shall only be counted as PIC flight time up to a maximum of 20 hours;’;
- (62) in part D of Appendix 3, point (b) in point 8 is replaced by the following:
- ‘(b) 70 hours as PIC, of which up to 55 hours may be as SPIC.’;
- (63) in part E of Appendix 3, point (a) in point 3 is replaced by the following:
- ‘(a) have completed 150 hours flight time;
Except for the requirement of 50 hours as PIC in aeroplanes, hours as PIC in other categories of aircraft may account for the 150 hours of aeroplane flight time in any of the following cases:
- (1) 20 hours in helicopters, if applicants hold a PPL(H);
- (2) 50 hours in helicopters, if applicants hold a CPL(H);
- (3) 10 hours in TMGs or sailplanes;
- (4) 20 hours in airships, if applicants hold a PPL(As);
- (5) 50 hours in airships, if applicants hold a CPL(As).’;
- (64) in part K of Appendix 3, point (a) in point 3 is replaced by the following:
- ‘(a) have completed 155 hours flight time, including 50 hours as PIC in helicopters of which 10 hours shall be cross-country.
Except for the requirement of 50 hours as PIC in helicopters, hours as PIC in other categories of aircraft may account for the 155 hours of helicopter flight time in any of the following cases:
- (1) 20 hours in aeroplanes if applicants hold a PPL(A);
- (2) 50 hours in aeroplanes if applicants hold a CPL(A);
- (3) 10 hours in TMGs or sailplanes;
- (4) 20 hours in airships if applicants hold a PPL(As);
- (5) 50 hours in airships if applicants hold a CPL(As);’;
- (65) The table CONTENT of THE TEST related to the aeroplane category in Appendix 7 is replaced by the following table:
‘ Aeroplanes
SECTION 1 — PRE-FLIGHT OPERATIONS AND DEPARTURE Use of checklist, airmanship, anti-icing/de-icing procedures, etc., apply in all sections SECTION 1 — PRE-FLIGHT OPERATIONS AND DEPARTURE Use of checklist, airmanship, anti-icing/de-icing procedures, etc., apply in all sections a Use of flight manual (or equivalent) especially a/c performance calculation, mass and balance b Use of Air Traffic Services document, weather document c Preparation of ATC flight plan, IFR flight plan/log d Identification of the required navaids for departure, arrival and approach procedures e Pre-flight inspection f Weather Minima g Taxiing h PBN departure (if applicable): — Check that the correct procedure has been loaded in the navigation system; and — Cross-check between the navigation system display and the departure chart. i Pre-take-off briefing, Take-off j4 Transition to instrument flight k4 Instrument departure procedures, including PBN departures, and altimeter setting l4 ATC liaison — compliance, R/T procedures SECTION 2 — GENERAL HANDLING4 SECTION 2 — GENERAL HANDLING4 a Control of the aeroplane by reference solely to instruments, including level flight at various speeds, trim b Climbing and descending turns with sustained Rate 1 turn c Recoveries from unusual attitudes, including sustained 45° bank turns and steep descending turns d5 Recovery from approach to stall in level flight, climbing/descending turns and in landing configuration e Limited panel: stabilised climb or descent, level turns at Rate 1 onto given headings, recovery from unusual attitudes SECTION 3 — EN-ROUTE IFR PROCEDURES4 SECTION 3 — EN-ROUTE IFR PROCEDURES4 a Tracking, including interception, e.g. NDB, VOR, or track between waypoints b Use of navigation system and radio aids c Level flight, control of heading, altitude and airspeed, power setting, trim technique d Altimeter settings e Timing and revision of ETAs (en-route hold, if required) f Monitoring of flight progress, flight log, fuel usage, systems’ management g Ice protection procedures, simulated if necessary h ATC liaison - compliance, R/T procedures SECTION 3a — ARRIVAL PROCEDURES SECTION 3a — ARRIVAL PROCEDURES a Setting and checking of navigational aids, and identification of facilities, if applicable b Arrival procedures, altimeter checks c Altitude and speed constraints, if applicable d PBN arrival (if applicable): — Check that the correct procedure has been loaded in the navigation system; and — Cross-check between the navigation system display and the arrival chart. SECTION 44— 3D Operations6 SECTION 44— 3D Operations6 a Setting and checking of navigational aids Check Vertical Path angle For RNP APCH: — Check that the correct procedure has been loaded in the navigation system; and — Cross-check between the navigation system display and the approach chart. b Approach and landing briefing, including descent/approach/landing checks, including identification of facilities c6 Holding procedure d Compliance with published approach procedure e Approach timing f Altitude, speed heading control (stabilised approach) g6 Go-around action h6 Missed approach procedure/landing i ATC liaison – compliance, R/T procedures SECTION 54 – 2D OPERATIONS7 SECTION 54 – 2D OPERATIONS7 a Setting and checking of navigational aids For RNP APCH: — Check that the correct procedure has been loaded in the navigation system; and — Cross-check between the navigation system display and the approach chart. b Approach and landing briefing, including descent/approach/landing checks, including identification of facilities c6 Holding procedure d Compliance with published approach procedure e Approach timing f Altitude/Distance to MAPT, speed, heading control (stabilised approach), Step Down Fixes (SDF(s)), if applicable g6 Go-around action h6 Missed approach procedure/landing i ATC liaison – compliance, R/T procedures SECTION 6 — FLIGHT WITH ONE ENGINE INOPERATIVE (multi-engine aeroplanes only)4 SECTION 6 — FLIGHT WITH ONE ENGINE INOPERATIVE (multi-engine aeroplanes only)4 a Simulated engine failure after take-off or on go-around b Approach, go-around and procedural missed approach with one engine inoperative c Approach and landing with one engine inoperative d ATC liaison – compliance, R/T procedures
- (66) Appendix 8 is replaced by the following:
‘APPENDIX 8
Cross-crediting of the IR part of a class or type rating proficiency check
A. Aeroplanes
Credits shall be granted only if holders are revalidating or renewing IR privileges for single-pilot single-engine and single-pilot multi-engine aeroplanes, as appropriate.
If a skill test or a proficiency check including IR is performed, and holders have a valid: Credit is valid towards the IR part in a proficiency check for: MPA type rating; Single-pilot high-performance complex aeroplane type rating SE class rating8, and SE type rating8, and SP ME class or type rating except for high-performance complex type ratings, only credits for Section 3B of the proficiency check in point B.5 of Appendix 9 SP ME aeroplane class or type rating except for high-performance complex aeroplane type ratings, operated as single-pilot SE class rating, and SE type rating, and SP ME class or type rating except for high-performance complex aeroplane type ratings SP ME aeroplane class or type rating except for high-performance complex aeroplane type ratings, restricted to MP operations SE class rating8, and SE type rating8, and SP ME class or type rating except for high-performance complex aeroplane type ratings8. SP SE aeroplane class or type rating SE class rating, and SE type rating
B. Helicopters
Credits shall be granted only if holders are revalidating IR privileges for single-engine and single-pilot multi-engine helicopters as appropriate.
If a skill test or a proficiency check, including IR, is performed and the holders have a valid: Credit is valid towards the IR part in a proficiency check for: Multi-pilot helicopter (MPH) type rating SE type rating9; and SP ME type rating9. SP ME type rating, operated as single-pilot SE type rating9; and SP ME type rating9. SP ME type rating, restricted to multi-pilot operation SE type rating9; and SP ME type rating9. SP SE type rating, operated as single-pilot SP SE type rating, operated as single -pilot
- (67) in Appendix 9, Section B is amended as follows:
- (a) the table in point (k) of point 5 is replaced by the following:
‘(1) ‘(1) (2) (2) (3) (3) (4) (4) (5) (5) Type of operation SP SP MP MP SP MP (initial) SP MP (initial) MP SP (initial) MP SP (initial) SP + MP SP + MP Training Testing/checking Training Testing/checking Training Testing/checking Training, testing and checking (SE aeroplanes) Training, testing and checking (ME aeroplanes) SE aeroplanes ME aeroplanes Initial issue SP complex Sections 1-6 1-7 Sections 1-6 1-6 Sections 1-7 Sections 1-6 MCC CRM Human factors TEM Section 7 Sections 1-6 1.6, 4.5, 4.6, 5.2 and, if applicable, one approach from Section 3.B 1.6, Section 6 and, if applicable, one approach from Section 3.B Revalidation SP complex n/a n/a Sections 1–6 1-6 n/a Sections 1–6 n/a n/a n/a n/a MPO: Sections 1-7 (training) Section 1-6 (checking) SPO: 1.6, 4.5, 4.6, 5.2 and, if applicable, one approach from Section 3.B MPO: Sections 1-7 (training) Sections 1-6 (checking) SPO: 1.6, Section 6 and, if applicable, one approach from Section 3.B Renewal SP complex FCL.740 Sections 1-6 1-6 FCL.740 Sections 1-6 n/a n/a n/a n/a Training: FCL.740 Check: as for the revalidation Training: FCL.740 Check: as for the revalidation’
- (b) in the table following point (l) of point 5 the row for exercise 7.2.2. is replaced by the following:
‘7.2.2 The following upset exercises: — recovery from nose-high at various bank angles; and — recovery from nose-low at various bank angles. P X An aeroplane shall not be used for this exercise’
Annex VI (Part-ARA) to Regulation (EU) No 1178/2011 is amended as follows:
- (68) in point ARA.GEN.220, points (a)(11) and (a)(12) are replaced and a new point (a)(13) is inserted as follows:
- ‘(11) safety information and follow-up measures;
- (12) the use of flexibility provisions in accordance with Article 71 of Regulation (EU) 2018/1139; and
- (13) the evaluation and authorisation process of aircraft laid down in points ORA.ATO.135 (a) and DTO.GEN.240 (a).’;
- (69) a new point ARA.GEN.360 is inserted as follows:
‘ ARA.GEN.360 Change of competent authority
- (a) Upon receiving a licence holder’s request for a change of competent authority as specified in point FCL.015(d) of Annex I (Part-FCL), the receiving competent authority shall, without undue delay, request the competent authority of the licence holder to transfer, without undue delay, all of the following:
- (1) a verification of the licence;
- (2) copies of the licence holder’s medical records kept by that competent authority in accordance with points ARA.GEN.220 and ARA.MED.150. The medical records shall be transferred in accordance with point MED.A.015 of Annex IV (Part-MED) and shall include a summary of the relevant medical history of the applicant, verified and signed by the medical assessor.
- (b) The transferring competent authority shall keep the licence holder’s original licensing and medical records in accordance with points ARA.GEN.220, ARA.FCL.120 and ARA.MED.150.
- (c) The receiving competent authority shall, without undue delay, reissue the licence and medical certificate provided that it has received and processed all documents specified in point (a). Upon the reissuance of the licence and medical certificate, the receiving competent authority shall immediately request the licence holder to surrender to it the licence issued by the transferring competent authority and the associated medical certificate.
- (d) The receiving competent authority shall immediately notify the transferring competent authority once it has reissued the licence and medical certificate to the licence holder and the licence holder has surrendered the licence and medical certificate pursuant to point (c). Until such a notification is received, the transferring competent authority remains responsible for the licence and the medical certificate originally issued to that licence holder.’;
Annex VII (Part-ORA) to Regulation (EU) No 1178/2011 is amended as follows:
- (70) in point ORA.ATO.135, point (a) is replaced by the following:
- ‘(a) The ATO shall use an adequate fleet of training aircraft or FSTDs appropriately equipped for the training courses provided. The fleet of aircraft shall be composed of aircraft that comply with all requirements defined in Regulation (EU) 2018/1139. Aircraft that fall under points (a), (b), (c) or (d) of Annex I to Regulation (EU) 2018/1139, may be used for training if all of the following conditions are met:
- (1) during an evaluation process the competent authority has confirmed a level of safety comparable to the one defined by all essential requirements laid down in Annex II to Regulation (EU) 2018/1139;
- (2) the competent authority has authorised the use of the aircraft for training in the ATO.’;
Annex VIII (Part-DTO) to Regulation (EU) No 1178/2011 (Part-DTO) is amended as follows:
- (71) in point DTO.GEN.240, point (a) is replaced by the following:
- ‘(a) A DTO shall use an adequate fleet of training aircraft or FSTDs appropriately equipped for the training course provided. The fleet of aircraft shall be composed of aircraft that comply with all requirements defined in Regulation (EU) 2018/1139. Aircraft that fall under points (a), (b), (c) or (d) of Annex I to Regulation (EU) 2018/1139, may be used for training if all of the following conditions are met:
- (1) during an evaluation process the competent authority has confirmed a level of safety comparable to the one defined by all essential requirements laid down in Annex II to Regulation (EU) 2018/1139;
- (2) the competent authority has authorised the use of the aircraft for training in the DTO.’;
Must be performed by sole reference to instruments.
May be performed in an FFS, FTD 2/3 or FNPT II.
May be performed in either Section 4 or Section 5.
To establish or maintain PBN privileges one approach in either Section 4 or Section 5 shall be an RNP APCH. Where an RNP APCH is not practicable, it shall be performed in an appropriately equipped FSTD.’;
Provided that within the preceding 12 months the applicants have flown at least three IFR departures and approaches exercising PBN privileges, including at least one RNP APCH approach on an SP class or type of aeroplane in SP operations, or, for multi-engine, other than HP complex aeroplanes, the applicants have passed Section 6 of the skill test for SP, other than HP complex aeroplanes flown solely by reference to instruments in SP operations.
Provided that within the preceding 12 months at least three IFR departures and approaches exercising PBN privileges, including one RNP APCH approach (could be a Point in Space (PinS) approach), have been performed on a SP type of helicopter in SP operations.’;
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