Commission Implementing Regulation (EU) 2020/357 of 4 March 2020 amending Regulation (EU) 2018/395 as regards balloon pilot licences (Text with EEA relevance)

• (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.

BFCL.330 FI(B) – Training course

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

• (b) The FI(B) training course shall include at least:

• (1) the elements specified in point BFCL.325;

• (2) 25 hours of teaching and learning;

• (3) 12 hours of theoretical knowledge instruction, including progress tests; and

• (4) three hours of flight instruction, including three take-offs and landings.

• (c) Applicants who already hold an instructor certificate in accordance with Annex III (Part-SFCL) to Implementing Regulation (EU) 2018/1976 or with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 shall be fully credited towards the requirement in paragraph (b)(2).

BFCL.345 FI(B) – Assessment of competence

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

• (b) The assessment shall include:

• (1) the demonstration of the competencies described in point BFCL.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 the appropriate balloon class;

• (3) exercises adequate to evaluate the instructor’s competencies.

BFCL.360 FI(B) certificate – Recency requirements

• (a) An FI(B) certificate holder shall only exercise the privileges of his or her certificate if he or she has completed:

• (1) within the last three years before the planned exercise of those privileges:

• (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 balloon instructors;

• (ii) at least 6 hours of flight instruction in balloons as FI(B); and

• (2) within the last nine years and in accordance with the procedures established for that purpose by the competent authority, one instruction flight on a balloon as FI(B) under the supervision and to the satisfaction of an FI(B) who is qualified in accordance with point BFCL.315(a)(4) and nominated by the head of training of an ATO or a DTO.

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

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

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

SUBPART FE

FLIGHT EXAMINERS

Section 1

General requirements

BFCL.400 Balloon 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) a BPL 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(B) 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 balloon 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 skill 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 balloon 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 European aviation safety rules to be able to exercise examiner privileges in accordance with this Annex.

• (2) The certificate referred to in subparagraph (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.

BFCL.405 Limitation of privileges in case of vested interests

A balloon 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.

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

• (a) When conducting skill tests, proficiency checks and assessments of competence, a balloon 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; and

• (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 balloon 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 balloon 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 has been failed, the examiner shall record the reasons for this assessment;

• (iii) the results of the skill test, proficiency check or assessment of competence;

• (iv) a declaration that the balloon 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 balloon examiner certificate containing the scope of his or her privileges as balloon 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 balloon 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 balloon examiner certificate, or the competent authority that is responsible for the applicant’s licence, the balloon examiner shall submit all records and reports, and any other information, as required, for oversight activities.

Section 2

Flight examiner certificate for balloons – FE(B)

BFCL.415 FE(B) certificate – Privileges and conditions

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

• (a) skill tests and proficiency checks for the BPL and skill tests for the extension of the privileges to another balloon class, provided that the applicant has completed 250 hours of flight time as pilot on balloons, including 50 hours of flight instruction covering the full syllabus of a BPL training course;

• (b) skill tests and proficiency checks for the commercial operation rating as specified in point BFCL.215, provided that the applicant complies with the experience requirements set out in paragraph (a) and has received specific training during an examiner standardisation course in accordance with point BFCL.430;

• (c) assessments of competence for the issue of an FI(B) certificate, provided that the applicant has:

• (1) completed 350 hours of flight time as pilot on balloons, including 5 hours of instruction to an applicant for the FI(B) certificate;

• (2) received specific training during an examiner standardisation course in accordance with point BFCL.430.

BFCL.420 FE(B) certificate – Prerequisites and requirements

Applicants for an FE(B) certificate shall:

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

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

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

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

• (e) demonstrate that he or she has 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-SFCL) to Implementing Regulation (EU) 2018/1976, for non-compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts during the last three years.

BFCL.430 FE(B) certificate – Standardisation course

• (a) Applicants for an FE(B) 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 balloon flight examiner privileges sought and shall consist of theoretical and practical instruction, including, at least:

• (1) the conduct of at least one skill test, proficiency check or assessment of competence for the BPL 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(B) 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.

BFCL.445 FE(B) certificate – Assessment of competence

An applicant for the initial issue of an FE(B) certificate shall demonstrate his or her competences as an FE(B) 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(B) 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.

BFCL.460 FE(B) certificate – Validity, revalidation and renewal

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

• (b) An FE(B) certificate shall be revalidated if its holder has:

• (1) during the validity period of the FE(B) 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 balloon examiners; and

• (2) within the last 24 months preceding the end of the validity period of the certificate, conducted one skill test, proficiency check or assessment of competence under the supervision and to the satisfaction of an inspector from the competent authority or an examiner specifically authorised to do so by the competent authority that is responsible for the FE(B) certificate.

• (c) An FE(B) 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-SFCL) to Implementing Regulation (EU) 2018/1976 may achieve combined revalidation of all examiner certificates held, in agreement with the competent authority.

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

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

’