Commission Implementing Regulation (EU) 2020/359 of 4 March 2020 amending Regulation (EU) No 1178/2011 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)

5.3.2020	EN	Official Journal of the European Union	L 67/82

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ¹, and in particular Articles 23 and 27 thereof,

Whereas:

• (1) Commission Regulation (EU) No 1178/2011 ² lays down the requirements for pilots who are involved in the operation of aircraft as specified in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139.

• (2) In light of the specific nature of flight crew licensing for balloons and sailplanes, dedicated licensing requirements should be laid down in separate regulations, namely in Commission Regulation (EU) 2018/395 ³ and Commission Implementing Regulation (EU) 2018/1976 ⁴.

• (3) At the same time, the licensing requirements for balloon and sailplane pilot licences laid down in Annex I (Part-FCL) to Regulation (EU) No 1178/2011 should be deleted and some requirements of Annex I (Part-FCL) that address cross-domain issues, such as crediting provisions between balloon or sailplane pilot licences and licences for other aircraft categories, should be revised in light of the new licensing requirements for balloon and sailplane pilots.

• (4) The requirements of Annex IV (Part-MED) Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to Regulation (EU) No 1178/2011 should continue to apply to balloon and sailplane flight crew licensing.

• (5) In order to further improve aviation safety, pilots that are engaged in aerial sport and recreational activities should be encouraged to obtain privileges for flying in accordance with instrument flight rules (‘IFR’). Therefore, the existing rules concerning IFR privileges should be adapted by introducing the basic instrument rating (‘BIR’) in Annex I (Part-FCL) to Regulation (EU) No 1178/2011. The BIR should be specifically tailored to the needs of pilots who are engaged in aerial sport and recreational flying activities as regards the content of their training and the scope of their privileges.

• (6) With the introduction of the BIR, the en route instrument rating (‘EIR’) in point FCL.825 of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 becomes redundant and therefore it should be deleted. However, the existing EIR holders should be entitled to continue to exercise their privileges and should receive credits from their EIR when they seek to obtain a BIR. It should also be possible to continue an on-going training for an EIR that commenced prior to the application of this Regulation and to complete it as training for a BIR.

• (7) Technical update to Regulation (EU) No 1178/2011 should be made on basis of lessons learned in particular in the area of Performance Based Navigation (PBN), Upset Prevention and Recovery Training (UPRT) and instructor and examiner qualifications.

• (8) The measures provided for in this Regulation are based on Opinion No 01/2019 ⁵ of the European Union Aviation Safety Agency in accordance with point (b) of Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139.

• (9) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 1178/2011 is amended as follows:

• (1) Article 1 is replaced by the following:

‘Article 1

Subject matter

1. 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).

1. Articles 11b and 11c of this Regulation as well as Annex IV (Part-MED), Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to this Regulation shall apply to pilot licences for balloons and sailplanes.’

• (2) in Article 2, paragraph 19 is replaced by the following:

• ‘(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[^ntr1-L_2020067EN.01008201-E0006], or Subpart FI of Annex III (Part-SFCL) to Implementing Regulation (EU) 2018/1976[^ntr2-L_2020067EN.01008201-E0007];

[^ntr*1-L_2020067EN.01008201-E0006]: Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10)."

[^ntr*2-L_2020067EN.01008201-E0007]: 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 (OJ L 326, 20.12.2018, p. 64).’;"

• (3) In article 4, paragraph 8, ‘8 April 2021’ is replaced by ‘8 September 2021’.

• (4) the following Article 4c is inserted:

‘Article 4c

Transitional measures for holders of an en route instrument rating

1. 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) receive revalidation or renewal of their EIR, in accordance with point FCL.825(g) of Commission Delegated Regulation (EU)[^ntr*3-L_2020067EN.01008201-E0008];

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

1. As from 8 September 2021, training courses for an EIR referred to in paragraph 1, that have commenced prior to that date, can be continued and shall be regarded as training courses for a BIR. Based on an assessment of the applicant, the approved training organisation responsible for the BIR training course shall determine the amount of EIR training to be credited towards the issue of the BIR.

1. Applicants for a BIR who hold an EIR or have passed the theoretical knowledge examination for an EIR in accordance with point FCL.825(d) prior to 8 September 2021 shall receive full credit towards the requirements for the theoretical knowledge instruction and examination for the BIR.

[^ntr*3-L_2020067EN.01008201-E0008]: Commission Delegated Regulation (EU) of 4 March 2020 (not yet published in the Official Journal).’;"

• (5) Article 11c is replaced by the following:

‘Article 11c

Transitional measures

Member States shall:

• (a) by 8 April 2021 at the latest, transfer to EASA all records related to the oversight of organisations that provide training for pilot licences in accordance with Regulation (EU) 2018/395 and Implementing Regulation (EU) 2018/1976 and for which EASA is the competent authority in accordance with Article 78 of Regulation (EU) 2018/1139 of the European Parliament and of the Council[^ntr*4-L_2020067EN.01008201-E0009];

• (b) in coordination with EASA, conclude, certification processes initiated before 8 April 2020 and issue the certificate following which EASA assumes all its responsibilities as a competent authority for those certified organisations.

[^ntr*4-L_2020067EN.01008201-E0009]: Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).’;"

• (6) in Article 12, point (2a) is deleted;

• (7) in Article 12(4), ‘20 June 2020’ is replaced by ‘20 June 2021’

• (8) Annex I (Part-FCL) is amended in accordance with Annex I to this Regulation;

• (9) Annex IV (Part-MED) is amended in accordance with Annex II to this Regulation;

• (10) Annex VI (Part-ARA) is amended in accordance with Annex III to this Regulation;

• (11) Annex VII (Part-ORA) is amended in accordance with Annex IV to this Regulation;

• (12) Annex VIII (Part-DTO) is amended in accordance with Annex V to this Regulation.

Article 2

• (a) points (1)(e), (4)(b), (5) to (7), (32), (34), (36)(d), (40)(a), (41); (42), (44), (46) to (48), (52)(f), (53)(a) to (53)(c) (53)(e), (53)(f), (54), (55), (56)(a) to (56)(c) and (57) of Annex I;

• (b) point (b) of Annex II;

• (c) point (10)(d)(ii) of Annex III.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 March 2020.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX I

Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 is amended as follows:

• (1) Point FCL.010 is amended as follows:

• (a) the definition of ‘airship’ is replaced by the following:

‘ ‘ ‘Airship’ ’ means a power-driven lighter-than-air aircraft, with the exception of hot-air airships, which are considered to be balloons in accordance with Article 2(7) of Commission Regulation (EU) 2018/395.’;

• (b) the definition of ‘flight time’ is replaced by the following:

’ “Flight time”:

for aeroplanes, touring motor gliders and powered-lift aircraft, it means 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;

for helicopters, it means the total time from the moment a helicopter’s rotor blades start turning until the moment the helicopter finally comes to rest at the end of the flight, and the rotor blades are stopped;

for airships, it means the total time from the moment an airship is released from the mast for the purpose of taking off until the moment the airship finally comes to rest at the end of the flight, and is secured on the mast.’;

• (c) the definition of ‘powered sailplane’ is replaced by the following:

‘ “Powered sailplane” means a sailplane equipped with one or more engines that has, with engines inoperative, the characteristics of a sailplane.’;

• (d) the definition of ‘touring motor glider’ is replaced by the following:

‘ “Touring motor glider (TMG)” means, unless otherwise specified following the certification process in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, a specific class of powered sailplanes that has an integrally mounted, non-retractable engine and a non-retractable propeller. It shall be capable of taking off and climbing under its engine power according to its flight manual.’;

• (e) the following definitions are inserted:

• (i) ‘“En route IFR flight” means the phase of an IFR flight that commences after the completion of an IFR departure procedure and finishes when commencing an IFR approach procedure.’; and

• (ii) ‘“Limited panel instrument flight” means attitude interpretation by reference to standby instruments interpretation after the loss of main attitude and heading reference system.’;

• (f) the following definitions are deleted:

‘Class of balloon’ and

‘Group of balloons’;

• (2) point FCL.015 in amended as follows:

• (a) paragraph (a) is replaced by the following:

• ‘(a) An application for the issue, revalidation or renewal of pilot licences and associated ratings and certificates as well as any amendment thereto shall be submitted to the competent authority in a form and manner established by that authority. The application shall be accompanied by evidence that applicants comply with the requirements for the issue, revalidation or renewal of the licence or certificate as well as associated ratings or endorsements established in this Annex (Part-FCL) and in Annex IV (Part-MED).’;

• (b) paragraph (b) is replaced by the following:

• ‘(b) Unless otherwise specified in this Annex, any limitation or extension of the privileges granted by a licence, rating or certificate shall be endorsed in the licence or certificate by the competent authority.’;

• (c) paragraph (d) is replaced by the following:

• ‘(d) A licence holder shall submit applications in accordance with paragraph (a) to the competent authority designated by the Member State in which his or her licence was issued in accordance with this Annex (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.’;

• (d) the following new paragraphs (e) and (f) are added:

• ‘(e) The holder of a licence that has been issued in accordance with this Annex (Part-FCL) may apply to the competent authority designated by another Member State for a change of competent authority relating to all licences held, as specified in paragraph (d).

• (f) For the issue of a licence, rating or certificate the applicant shall apply not later than 6 months after having succeeded at the skill test or assessment of competence.’;

• (3) in point FCL.020, paragraph (b) is replaced by the following:

• ‘(b) Before his or her first solo flight, a student pilot shall be at least 16 years of age.’;

• (4) point FCL.025(c)(1) is amended as follows:

• (a) paragraph (i) is replaced by the following:

• ‘(i) for the issue of a light aircraft pilot licence or a private pilot licence, for a period of 24 months;’;

• (b) paragraphs (ii) and (iii) are replaced by the following:

• ‘(ii) for the issue of a commercial pilot licence or instrument rating (IR), for a period of 36 months;

• (iii) for the issue of a basic instrument rating (BIR), for an unlimited duration.

The periods in paragraphs (i) and (ii) shall be counted from the day on which the pilots have successfully completed the theoretical knowledge examination, in accordance with paragraph (b)(2).’;

• (5) in point FCL.030, the following paragraph (c) is added:

• ‘(c) For the issue of a BIR, the applicant for a skill test must first complete all training modules and be recommended for the skill test by an ATO. His or her training records shall be made available to the examiner, by the ATO.’;

• (6) in point FCL.035, paragraph (b) is replaced by the following:

• ‘(b) Crediting of theoretical knowledge

• (1) Applicants that have passed the theoretical knowledge examination for an airline transport pilot licence shall be credited towards the requirements for the theoretical knowledge for the light aircraft pilot licence, the private pilot licence, the commercial pilot licence and, except in the case of helicopters, the IR and the BIR in the same category of aircraft.

• (2) Applicants that have passed the theoretical knowledge examination for a commercial pilot licence shall be credited towards the requirements for the theoretical knowledge for:

• (i) the light aircraft pilot licence in the same category of aircraft;

• (ii) the private pilot licence in the same category of aircraft; and

• (iii) the subject ‘communications’ for the BIR. This credit shall include the IFR part of the subject ‘communications’ only if that subject was completed in accordance with point FCL.310, as applicable as of 20 December 2019.

• (3) Holders of an IR or applicants that have passed the IR theoretical knowledge examination for a category of aircraft shall be credited towards the requirements for the theoretical knowledge instruction and examination for:

• (i) the IR in another category of aircraft; and

• (ii) the BIR.

• (4) Holders of a pilot licence shall be credited towards the requirements for theoretical knowledge instruction and examination for a licence in another category of aircraft in accordance with Appendix 1 to this Part. This credit also applies to applicants for a pilot licence who have already successfully completed the theoretical knowledge examinations for the issue of that licence in another category of aircraft, as long as the theoretical knowledge examination is within the validity period specified in point FCL.025(c).

• (5) By way of derogation from paragraph (b)(3), holders of an IR(A) who have completed a competency-based modular IR(A) course shall be fully credited towards the requirements for theoretical knowledge instruction and examination for an IR in another category of aircraft only if they have also passed the theoretical knowledge instruction and examination for the IFR part of the course required in accordance with point FCL.720.A(b)(2)(i).’;

• (7) point FCL.055 is amended as follows:

• (a) in paragraph (d), the introductory sentence is replaced by the following:

• ‘(d) Specific requirements for holders of an instrument rating (IR). By way of derogation from the paragraphs above, holders of an IR shall have demonstrated the ability to use the English language at the appropriate proficiency level as defined in Appendix 2 to this Annex.’;

• (b) paragraph (e) is replaced by the following:

• ‘(e) The demonstration of language proficiency and the use of the English language for IR holders shall be done through a method of assessment established by any competent authority.’;

• (8) point FCL.060 is amended as follows:

• (a) paragraph (a) is deleted;

• (b) in paragraph (b), the introductory sentence is replaced by the following:

• ‘(b) Aeroplanes, helicopters, powered-lift aircraft and airships. A pilot shall not operate an aircraft in commercial air transport or to carry passengers:’;

• (9) point FCL.065 is amended as follows:

• (a) paragraph (b) is replaced by the following:

• ‘(b) Age 65. Holders of a pilot licence who has attained the age of 65 years shall not act as a pilot of an aircraft that is engaged in commercial air transport.’;

• (b) paragraph (c) is deleted;

• (10) point FCL.100 is replaced by the following:

‘ FCL.100 LAPL – Minimum age

Applicants for the LAPL for aeroplanes or helicopters shall be at least 17 years old.’;

• (11) point FCL.120 is replaced by the following:

‘ FCL.120 LAPL – Theoretical knowledge examination

Applicants for an LAPL shall demonstrate a level of theoretical knowledge appropriate to the privileges granted, through examinations on the following:

• (a) common subjects:

— Air law,

— Human performance,

— Meteorology,

— Communications, and

— Navigation.

• (b) specific subjects concerning the different aircraft categories:

— Principles of flight,

— Operational procedures,

— Flight performance and planning, and

— Aircraft general knowledge.’;

• (12) in point FCL.110.A, paragraph (b) is replaced by the following:

• ‘(b) Specific requirements for applicants who hold an SPL issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including privileges to fly TMGs. Applicants for an LAPL(A) who hold an SPL with the privileges to fly TMGs shall have completed at least 21 hours of flight time on TMGs after the endorsement of the TMG privileges and shall comply with the requirements of point FCL.135.A(a) on aeroplanes.’;

• (13) in point FCL.135.A, the following paragraph (c) is added:

• ‘(c) Applicants for the extension of privileges of the LAPL(A) to TMG who also hold an SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including the privileges to fly on TMGs, shall receive full credits towards the requirements in paragraph (a).’;

• (14) Sections 4 and 5 of Subpart B are deleted;

• (15) the title of Subpart C is replaced by the following:

‘ PRIVATE PILOT LICENCE (PPL) ’;

• (16) point FCL.200 is replaced by the following:

‘ FCL.200 Minimum age

Applicants for a PPL shall be at least 17 years old.’;

• (17) in point FCL.210, paragraphs (a) and (b) are replaced by the following:

• ‘(a) Applicants for a PPL shall complete a training course at an ATO or a DTO.

• (b) The course shall include theoretical knowledge and flight instruction appropriate to the privileges of the PPL applied for.’;

• (18) point FCL.215 is replaced by the following:

‘ FCL.215 Theoretical knowledge examination

Applicants for a PPL shall demonstrate a level of theoretical knowledge appropriate to the privileges granted through examinations in the following subjects:

• (a) common subjects:

— Air law,

— Human performance,

— Meteorology,

— Communications; and

— Navigation.

• (b) specific subjects concerning the different aircraft categories:

— Principles of flight,

— Operational procedures,

— Flight performance and planning, and

— Aircraft general knowledge.’;

• (19) point FCL.235 is amended as follows:

• (a) paragraph (a) is replaced by the following:

• ‘(a) Through the completion of a skill test, applicants for a PPL shall demonstrate the ability to perform as PIC on the appropriate aircraft category, their knowledge of relevant procedures and manoeuvres with the competency appropriate to the privileges granted.’;

• (b) paragraph (b) is replaced by the following:

• ‘(b) Applicants for the skill test shall have received flight instruction on the same class or type of aircraft to be used for the skill test.’;

• (20) in point FCL.210.A, paragraph (c) is amended as follows:

• (a) the introductory sentence is replaced by the following:

• ‘(c) Specific requirements for applicants who hold an SPL issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including privileges to fly TMGs. Applicants for a PPL(A) who hold an SPL with the privileges to fly TMGs shall have completed:’;

• (b) subparagraph (1) is replaced by the following:

• ‘(1) at least 24 hours of flight time on TMGs after endorsement of the TMG privileges; and’;

• (21) in point FCL.210.As, paragraph (b) is replaced by the following:

• ‘(b) Applicants who hold a BPL issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and are qualified to fly hot-air airships shall be credited with 10 % of their total flight time as PIC on such airships and up to a maximum of 5 hours.’;

• (22) in Subpart C, Sections 5 and 6 are deleted;

• (23) point FCL.600 is replaced by the following:

‘ FCL.600 IR – General

Except as provided in point FCL.835, operations under IFR on an aeroplane, helicopter, airship or powered-lift aircraft shall be conducted only by holders of a PPL, CPL, MPL and ATPL with an IR appropriate to the category of aircraft or, if an IR appropriate to the category of aircraft is not available, only while undergoing skill testing or dual instruction.’;

• (24) in point FCL.620, the following point (c) is added:

• ‘(c) Applicants who have completed a skill test for a multi-engine IR in a single-pilot multi-engine aeroplane for which a class rating is required shall also be issued with a single-engine IR for the single-engine aeroplane class or type ratings that they hold.’;

• (25) in point FCL.700, paragraph (a) is replaced by the following:

• ‘(a) Holders of a pilot licence shall act as pilots of an aircraft only if they have a valid and appropriate class or type rating, unless any of the following applies:

• (1) if exercising the privileges of an LAPL;

• (2) if they take skill tests or proficiency checks for renewal of class or type ratings;

• (3) if they receive flight instruction;

• (4) if they hold a flight test rating issued in accordance with point FCL.820.’;

• (26) in point FCL.725, the following paragraph (f) is added:

• ‘(f) Applicants for a class rating for TMGs who also hold an SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including the privileges to fly on TMGs, shall receive full credits towards the requirements in paragraphs (a), (b) and (c).’;

• (27) point FCL.740.A is amended as follows:

• (a) paragraph (a)(4) is replaced by the following:

• ‘(4) The revalidation of a BIR or an IR(A), if held, may be combined with a proficiency check for the revalidation of a class or type rating.’;

• (b) paragraph (b)(1) is replaced by the following:

• ‘(1) Single-engine piston aeroplane class ratings and TMG class ratings. For the revalidation of single-pilot single-engine piston aeroplane class ratings or TMG class ratings, the applicants shall:’;

• (c) the following paragraph (b)(5) is added:

• ‘(5) The proficiency check for the revalidation of a single-pilot single-engine aeroplane class rating may be combined with the proficiency check for the revalidation of a BIR, in accordance with point FCL.835(g)(8).’;

• (28) point FCL.800 is amended as follows:

• (a) paragraph (a) is replaced by the following:

• ‘(a) Holders of a pilot licence with privileges to fly aeroplanes or TMGs shall undertake aerobatic flights only if they hold an aerobatic rating in accordance with this point.’;

• (b) paragraph (b)(1) is replaced by the following:

• ‘(1) after the issue of the licence, at least 30 hours of flight time as PIC in aeroplanes or TMGs;’;

• (c) paragraph (b)(2)(ii) is replaced by the following:

• ‘(ii) at least 5 hours of aerobatic instruction in aeroplanes or TMGs flown with engine power.’;

• (d) paragraph (c) is replaced by the following:

• ‘(c) The privileges of the aerobatic rating shall be limited to aerobatic flight in either aeroplanes or TMGs flown with engine power, depending on which aircraft the requirements of (b)(1) and (b)(2)(ii) were complied with. This limitation shall be lifted upon application if a pilot has successfully completed at least 3 dual training flights in aeroplanes or TMGs flown with engine power, as applicable, covering the full aerobatic training syllabus.’;

• (e) the following paragraph (d) is added:

• ‘(d) Applicants for an aerobatic rating who also hold a TMG class rating as well as advanced aerobatic privileges for sailplanes with privileges as specified in point SFCL.200(d) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 shall:

• (1) be exempted from getting their aerobatic rating limited to aeroplanes, as specified in paragraph (c) if they have complied with the requirements of (b)(1) and (b)(2)(ii) in aeroplanes, or

• (2) receive full credit towards the requirements in paragraph (b) for the issue of an aerobatic rating restricted to TMGs flown with engine power. This limitation shall be lifted upon application if a pilot has completed the training as specified in paragraph (c).’;

• (29) point FCL.805 is amended as follows:

• (a) paragraph (b)(2)(iii) is replaced by the following:

• ‘(iii) except for holders of an SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, 5 familiarisation flights in a sailplane which is launched by an aircraft.’;

• (b) the following paragraph (g) is added:

• ‘(g) Applicants for a sailplane towing or banner towing rating on TMGs in accordance with this point shall receive full credit towards the requirements of paragraph (b) or (c), as applicable, if they hold a sailplane towing or banner towing rating in accordance with point SFCL.205 of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, or if they have fulfilled all the requirements for the issue of that rating.’;

• (30) point FCL.810 is amended as follows:

• (a) paragraph (a) is amended as follows:

• (i) paragraph (1) is replaced by the following:

• ‘(1) Applicants shall have completed a training course within a period of up to 6 months at a DTO or at an ATO to exercise the privileges of an LAPL or a PPL for aeroplanes, TMGs or airships in VFR conditions at night.. The course shall comprise:’;

• (ii) the following paragraph(4) is added:

• ‘(4) Applicants for a night rating for aeroplanes or TMGs in accordance with this subparagraph shall receive full credit towards the requirements of subparagraphs (1) and (2) if they hold a TMG night rating in accordance with point SFCL.210 of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 or if they have fulfilled all the requirements for the issue of that rating.’;

• (b) paragraph (c) is deleted;

• (31) in point FCL.815, the introductory sentence of paragraph (a) is replaced by the following:

• ‘(a) Privileges. The privileges of the holder of a mountain rating are to conduct flights with aeroplanes or TMGs to and from surfaces which are designated to require such a rating by the appropriate authorities designated by the Member States..

Holders of an LAPL or a PPL with privileges to fly aeroplanes or TMGs may obtain the initial mountain rating either on:’;

• (32) point FCL.825 is deleted;

• (33) point FCL.830 is deleted;

• (34) the following point FCL.835 is inserted:

‘ FCL.835 Basic instrument rating (BIR)

• (a) Privileges and conditions

• (1) The privileges of a BIR holder are to conduct flights under IFR on single-pilot aeroplanes for which class ratings are held, with the exception of high-performance aeroplanes and aeroplane variants if operational suitability data has determined that an IR is required.

• (2) BIR privileges shall only be exercised in accordance with point FCL.205.A.

• (3) BIR privileges may be exercised at night only if the pilot holds a night rating in accordance with point FCL.810.

• (4) The privileges of a multi-engine BIR shall also be valid on single-engine aeroplanes for which the pilot holds a valid single-engine class rating.

• (5) The exercise of BIR privileges shall be subject to all of the following conditions:

• (i) the decision height (DH) or minimum descent height (MDH) used in aerodrome operating minima shall be at least 200 ft greater than what would otherwise be calculated according to point ‘NCO.OP.110 Aerodrome operating minima – aeroplanes and helicopters’ and point ‘NCO.OP.111 Aerodrome operating minima – NPA, APV, CAT I operations’ to Annex VII of Regulation (EU) No 965/2012; and

• (ii) the visibility used in aerodrome operating minima shall not be less than 1 500 m;

• (iii) the pilot-in-command shall not commence a flight under IFR or undertake a VFR-to-IFR transition, unless:

• (A) at the aerodrome of departure, the visibility is at least 1 500 m and the cloud ceiling is at least 600 ft, or the published circling minimum applicable to the aeroplane category, whichever is the greater; and

• (B) at the destination aerodrome and at any required alternate aerodrome the available current meteorological information indicates, for the period from 1 hour before until 1 hour after the estimated time of arrival, or from the actual time of departure to 1 hour after the estimated time of arrival, whichever period is shorter, a visibility of at least 1 500 m and a cloud ceiling of at least 600 ft, or the published circling minimum applicable to the aeroplane category, or the DH/MDH incremented by 200 ft in accordance with (i), whichever is the greater.

• (b) Prerequisites. Applicants for the BIR shall hold at least a PPL(A).

• (c) Training course. Applicants for the BIR shall have completed at an ATO:

• (1) theoretical knowledge instruction in accordance with point FCL.615(a); and

• (2) flight instruction that comprises the following instrument flight instruction modules:

• (i) module 1 – the core flying training module of flight handling skills by sole reference to instruments;

• (ii) module 2 – the applied flying training module of IFR departure, holding, 2D and 3D approach procedures;

• (iii) module 3 – the applied flying training module of en-route IFR flight procedures; and

• (iv) module 4 – if a multi-engine BIR is sought, the applied flying training module with one engine inoperative shall include asymmetric instrument approach and go-around procedures; and

• (3) flight instruction that complies with the following requirements:

• (i) The module specified in paragraph (c)(2)(i) shall be completed first. The modules specified in paragraphs (c)(2)(ii) and (c)(2)(iii), and, if applicable, (c)(2)(iv), may be completed in an order chosen by the applicant.

• (ii) The modules specified in paragraph (c)(2) may be completed in aeroplanes, FSTDs or a combination of these. In any case, the applicant shall receive training in the aeroplane to be used for the skill test.

• (iii) The modules specified in paragraphs (c)(2)(i), (c)(2)(ii) and (c)(2)(iv) may be commenced outside an ATO but shall be completed at an ATO. The module specified in point (c)(2)(iii) may be completed outside an ATO.

• (iv) Prior to commencing the module specified in paragraph (c)(2)(iv), a pilot who does not hold a multi-engine aeroplane class or type rating shall have received the multi-engine training specified in Subpart H of this Annex (Part-FCL).

• (d) Theoretical knowledge. Prior to taking the skill test and through examinations in the subjects referred to in point FCL.615(b), the applicants shall demonstrate a level of theoretical knowledge that is appropriate to the privileges granted. The theoretical knowledge examination shall consist of one examination paper associated with each module as specified in paragraphs (c)(2)(i), (c)(2)(ii) and (c)(2)(iii).

• (e) Skill test. After the completion of the training course specified in paragraph (c), the applicants shall pass a skill test in an aeroplane in accordance with Appendix 7 to this Annex. For a multi-engine BIR, the skill test shall be taken in a multi-engine aeroplane. For a single-engine BIR, the skill test shall be taken in a single-engine aeroplane. A multi-engine centreline thrust aeroplane shall be considered to be a single-engine aeroplane for the purposes of this paragraph.

• (f) By way of derogation from paragraph (d), holders of a single-engine BIR who also hold a multi-engine class rating and who wish to obtain a multi-engine BIR for the first time shall complete a training course at an ATO that comprises the training as specified in paragraph (c)(2)(iv) and shall pass the skill test referred to in paragraph (e).

• (g) Validity, revalidation and renewal

• (1) A BIR shall be valid for 1 year.

• (2) Applicants for the revalidation of a BIR shall:

• (i) within a period of three months immediately preceding the expiry date of the rating, pass a proficiency check in accordance with Appendix 9 to this Part; or

• (ii) within the validity period, complete 6 hours as PIC under IFR including three instrument approach procedures and complete a training flight of at least one hour with an instructor who holds privileges to provide training for the BIR.

• (3) For each alternate subsequent revalidation, the holder of the BIR shall pass a proficiency check in accordance with paragraph (2)(i) in an aeroplane.

• (4) If a pilot chooses to fulfil the revalidation requirements specified in paragraph (g)(2)(i) earlier than what is prescribed in that paragraph, the new validity period shall commence from the date of the proficiency check.

• (5) Applicants who fail to pass the relevant sections of a BIR proficiency check before the expiry date of the BIR shall not exercise the BIR privileges until they have passed the proficiency check.

• (6) If a BIR has expired, in order to renew their privileges, applicants shall:

• (i) where necessary to reach the level of proficiency needed, complete refresher training provided by an ATO or, if the BIR is expired for three years or less, by an instructor who holds privileges to provide training for the BIR; and

• (ii) pass a proficiency check in an aeroplane.

• (7) For a multi-engine BIR, the proficiency check for the revalidation or renewal as well as the flying training required in paragraph (g)(2)(ii) shall be completed in a multi-engine aeroplane.

• (8) The proficiency check for the revalidation or renewal of a BIR may be combined with a proficiency check for the revalidation or renewal of a single-pilot aeroplane class rating on which BIR privileges may be exercised in accordance with point FCL.835(a)(1).

• (h) Applicants for the BIR who hold a PPL or CPL issued in accordance with Annex I (Part-FCL) and a valid IR(A) issued in accordance with the requirements of Annex 1 to the Chicago Convention by a third country may be credited in full towards the training course referred to in paragraph (c)(2). In order to be issued with the BIR, the applicants shall:

• (1) successfully complete the skill test referred to in paragraph (e);

• (2) demonstrate orally to the examiner during the skill test that they have acquired an adequate level of theoretical knowledge of air law, meteorology, and flight planning and performance; and

• (3) have experience of at least 25 hours of flight time under IFR as PIC on aeroplanes.

• (j) The holder of an IR shall receive full credits for the requirement in paragraph (c)(2).’;

• (35) point FCL.915(c)(1) is replaced by the following:

• ‘(c) Credit towards further instructor certificates and for the purpose of revalidation:

• (1) Full credit towards the teaching and learning skills may be granted to:

• (i) holders of an instructor certificate who apply for further instructor certificates; and

• (ii) applicants for an instructor certificate who already hold an instructor certificate issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’;

• (36) point FCL.905.FI is amended as follows:

• (a) paragraph (a) is replaced by the following:

• ‘(a) a PPL and LAPL in the appropriate aircraft category;’;

• (b) paragraph (b) is replaced by the following:

• ‘(b) class and type ratings for single-pilot aircraft, except for single-pilot high-performance complex aeroplanes;’;

• (c) paragraph (g) is replaced by the following:

• ‘(g) a towing or aerobatic rating, provided that such privileges are held and the FI has demonstrated the ability to instruct for that rating to an FI who is qualified in accordance with point (j);’;

• (d) paragraph (h) is replaced by the following:

• ‘(h) a BIR or an IR in the appropriate aircraft category, provided that FI meets the following conditions:

• (1) they have completed as student pilots the IRI training course and have passed an assessment of competence for the IRI certificate;

• (2) they comply with points FCL.915.CRI(a), FCL.930.CRI and FCL.935 in the case of multi-engine aeroplanes and with points FCL.910.TRI(c)(1) and FCL.915.TRI(d)(2) in the case of multi-engine helicopters;

In addition to conditions (1) and (2):

• (3) if during an approved training course at an ATO, the FI is providing training in FSTDs or supervising SPIC training flights that take place under IFR, the FI shall have completed at least 50 hours of flight time under IFR after the issuance of the BIR or the IR, of which a maximum of 10 hours may be instrument ground time in an FFS, an FTD 2/3 or an FNPT II,;

• (4) if the FI is providing training in an aircraft, the FI shall have completed at least 200 hours of flight time under IFR, of which up to 50 hours may be instrument ground time in an FFS, an FTD 2/3 or an FNPT II.’

• (e) paragraph (j)(1) is replaced by the following:

• ‘(1) they have completed at least 500 hours of flight instruction in the appropriate aircraft category;’;

• (37) point FCL.910.FI is amended as follows:

• (a) paragraph (a) is amended as follows:

• (i) point (1) is replaced by the following:

• ‘(1) for the issue of the PPL and LAPL;’;

• (ii) point (3) is replaced by the following:

• ‘(3) for class and type ratings for single-pilot, single-engine aircraft, except for single-pilot high-performance complex aeroplanes;’;

• (b) in paragraph (c), point (3) is replaced by the following:

• ‘(3) for the FI(As), 15 hours or 50 take-offs of flight instruction covering the full training syllabus for the issue of a PPL(As).’;

• (38) in point FCL.915.FI, paragraphs (e) and (f) are deleted;

• (39) paragraph (b) of point FCL.930.FI is amended as follows:

• (a) paragraph (2) is replaced by the following:

• ‘(2) at least 100 hours of theoretical knowledge instruction, including progress tests;’;

• (b) in paragraph (3):

• (i) point (ii) is replaced by the following:

• ‘(ii) in the case of an FI(As), at least 20 hours of flight instruction, of which 15 hours shall be dual flight instruction.’;

• (ii) points (iii), (iv) and (v) are deleted;

• (c) paragraph (4) is replaced by the following:

• ‘(4) Applicants for an FI certificate in another category of aircraft who are holding or have held an FI(A), (H) or (As) shall be credited with 55 hours towards the requirement in point (b)(2).’;

• (40) paragraph (a) of point FCL.940.FI is amended as follows:

• (a) paragraph (1)(i)(A) is replaced by the following:

• ‘(A) in the case of an FI(A) and an FI(H), at least 50 hours of flight instruction in the appropriate aircraft category as FIs, TRIs, CRIs, IRIs MIs or examiners. If the privileges to instruct for the BIR and the IR are to be revalidated, 10 of those 50 hours shall be flight instruction for a BIR or an IR and shall have been completed within the last 12 months immediately preceding the expiry date of the FI certificate;’;

• (b) paragraphs (1)(i)(C) and (1)(i)(D) are deleted;

• (c) paragraph (2) is replaced by the following:

• ‘(2) For at least each alternate revalidation, in the case of FI(A) or FI(H), or each third revalidation, in the case of FI(As), holders of the relevant FI certificate shall pass an assessment of competence in accordance with point FCL.935.’;

• (41) in point FCL.905.TRI, paragraph (a) is replaced by the following:

• ‘(a) the revalidation and renewal of an IR, provided the TRI holds a valid IR;’;

• (42) in point FCL.905.IRI, paragraph (a) is replaced by the following:

• ‘(a) The privileges of IRIs are to instruct for the issue, revalidation and renewal of a BIR and an IR in the appropriate aircraft category.’;

• (43) point FCL.915.IRI is replaced by the following:

‘ FCL.915.IRI

Applicants for an IRI certificate shall:

• (a) in case of an IRI(A):

• (1) to provide training in FSTDs during an approved training course at an ATO, have completed at least 200 hours of flight time under IFR after the issuance of the BIR or the IR, of which at least 50 hours shall be in aeroplanes;

• (2) to provide training in an aeroplane, have completed at least 800 hours of flight time under IFR, of which at least 400 hours shall be in aeroplanes;

• (3) to apply for an IRI(A) for multi-engine aeroplanes, meet the requirements of points FCL.915.CRI(a), FCL.930.CRI and FCL.935;

• (b) for an IRI(H):

• (1) to provide training in FSTDs during an approved training course at an ATO, have completed at least 125 hours of flight time under IFR after the issuance of the IR, of which at least 65 hours shall be instrument flight time in helicopters;

• (2) to provide training in a helicopter, have completed at least 500 hours of flight time under IFR, of which at least 250 hours shall be instrument flight time in helicopters; and

• (3) to apply for an IR(H) for multi-engine helicopters, meet the requirements of point FCL.905.FI(h)(2);

• (c) Applicants for an IRI(As) certificate shall have completed at least 300 hours of flight time under IFR, of which at least 100 hours shall be instrument flight time in airships.’;

• (44) in point FCL.905.STI, paragraph (a)(2) is replaced by the following:

• ‘(2) the issue, revalidation or renewal of a BIR and an IR and a class or type rating for single-pilot aircraft, except for single-pilot high-performance complex aeroplanes.’;

• (45) in point FCL.1005.FE, paragraphs (d) and (e) are deleted.

• (46) in point FCL.1005.TRE, paragraph (a)(2) is replaced by the following:

• ‘(2) proficiency checks for the revalidation or renewal of type ratings and IRs;’;

• (47) in point FCL.1005.CRE, paragraph (b)(4) is replaced by the following:

• ‘(4) revalidation and renewal of BIRs, provided that the CRE has completed:

• (i) 1 500 hours of flight time as a pilot of aeroplanes; and

• (ii) 450 hours of flight time under IFR; and’;

• (48) point FCL.1005.IRE is replaced by the following:

‘ FCL.1005.IRE IRE – Privileges

The privileges of holders of an instrument rating examiner (IRE) certificate are to conduct skill tests for the issue and proficiency checks for the revalidation or renewal of BIRs and IRs.’;

• (49) in point FCL.1010.SFE, paragraphs (a) (1) and (2) are amended as follows:

• ‘(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;

• (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;

• (ii) an SFI(A) certificate for the applicable class or type of aeroplane; and

• (iii) have at least 500 hours of flight time as pilots of single-pilot aeroplanes;’

• (50) in point FCL.1005.FIE, paragraph (c) is amended as follows:

• ‘(c) FIE(As). The privileges of an FIE on airships are to conduct assessments of competence for the issue, revalidation or renewal of instructor certificates of airships, provided that the relevant instructor certificate is held.’;

• (51) in point FCL.1010.FIE, paragraphs (d) and (e) are deleted;

• (52) Appendix 1 is amended as follows:

• (a) point 1 is replaced by the following:

• ‘1. LAPL and PPL’;

• (b) paragraphs 1.1. and 1.2. 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 towards requirements of theoretical knowledge on the common subjects established in point FCL.120(a).

• 1.2. For the issue of an LAPL or a PPL, holders of a PPL, CPL or ATPL in another category of aircraft shall be credited towards requirements of theoretical knowledge on the common subjects established in point FCL.215(a). This credit shall also apply to applicants for an LAPL or a PPL who hold a BPL issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or an SPL issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, except that the subject ‘navigation’ shall not be credited.’;

• (c) paragraph 1.2a. is deleted;

• (d) paragraph 1.3 is replaced by the following:

• ‘1.3. For the issue of a PPL, the holder of an LAPL in the same category of aircraft shall be fully credited towards the requirements of theoretical knowledge instruction and examination.’;

• (e) paragraph 1.4 is replaced by the following:

• ‘1.4. By way of derogation from paragraph 1.2, for the issue of an LAPL(A), the holder of an SPL issued in accordance with Annex III (Part-SFCL) to Implementing Regulation (EU) 2018/1976 with privileges to fly TMGs shall demonstrate an adequate level of theoretical knowledge for the single-engine piston aeroplane-land class in accordance with point FCL.135.A(a)(2).’;

• (f) paragraph 4.1 is replaced by the following:

• ‘4.1. Applicants for an IR, or for a BIR, who have passed the relevant theoretical examinations for a CPL in the same aircraft category, shall be credited towards the theoretical knowledge requirements in the following subjects:

• — Human Performance,

• — Meteorology.’;

• (53) Appendix 3 is amended as follows:

• (a) in Chapter A, the paragraph following point 9(f)(3)(ii) is replaced by the following:

‘Applicants holding a BIR or a course completion certificate for the Basic Instrument Flight Module shall be credited with up to 10 hours towards the required instrument instruction time. Hours done in a BITD shall not be credited.’;

• (b) in Chapter C, the paragraph following point 8(e)(2)(ii) is replaced by the following:

‘Applicants holding a BIR or a course completion certificate for the Basic Instrument Flight Module shall be credited with up to 10 hours towards the required instrument instruction time. Hours done in a BITD shall not be credited; and’;

• (c) in Chapter D, point 8(e) is replaced by the following:

• ‘(e) 10 hours of instrument flight instruction, of which up to 5 hours may be instrument ground time in an FNPT I, FTD 2, FNPT II or FFS. Applicants holding a BIR or a course completion certificate for the Basic Instrument Flight Module shall be credited with up to 10 hours towards the required instrument instruction time. Hours done in a BITD shall not be credited;’;

• (d) in Chapter E, point (a) in point 3 is replaced by the following:

• ‘(a) have completed 150 hours flight time; including 50 hours as PIC on aeroplanes of which 10 hours shall be cross-country.

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).’;

• (e) in Chapter E, point 9 is replaced by the following:

• ‘9. Applicants holding a valid IR(A) shall be credited towards the dual instrument instruction time. Applicants holding a valid IR(H) shall be credited up to 5 hours of the dual instrument instruction time, in which case at least 5 hours dual instrument instruction time shall be given in an aeroplane. Applicants holding a BIR or a Course Completion Certificate for the Basic Instrument Flight Module shall be credited with up to 10 hours towards the required instrument instruction time.’;

• (f) in Chapter E, point 12(c) is replaced by the following:

• ‘(c) 10 hours of instrument flight instruction, of which up to 5 hours may be instrument ground time in an FNPT I, or FNPT II or FFS. Applicants holding a BIR or a course completion certificate for the Basic Instrument Flight Module shall be credited with up to 10 hours towards the required instrument instruction time. Hours done in a BITD shall not be credited;’;

• (54) in Appendix 6, Chapter A is amended as follows:

• (a) ‘paragraph 2 is replaced by the following:

• ‘2. Applicants for a modular IR(A) course shall be the holder of a PPL(A) or a CPL(A). Applicants for the Procedural Instrument Flight Module, who does not hold a CPL(A), shall be a holder of a BIR or of a Course Completion Certificate for the Basic Instrument Flight Module.’;

• (b) paragraph 10.1 is replaced by the following:

• ‘10.1. Holders of a CPL(A), of a BIR, or of a Course Completion Certificate for the Basic Instrument Flight Module shall be credited with up to 10 hours in regard of the total amount of training required in paragraphs 7 or 8 above’;

• (55) in Appendix 6, Chapter Aa is amended as follows:

• (a) paragraphs 9 and 10 are renumbered to 11 and 12;

• (b) paragraphs 9 and 10 are inserted as follows:

• ‘9. Applicants for the competency-based modular IR(A) who hold a BIR in accordance with point FCL.835 and who have received at least 10 hours of instrument flight time under instruction at an ATO may be credited towards the training course referred to in paragraph 4, provided that all competency-based instrument rating topics have been included in that BIR training, and assessed by the ATO that provides the competency-based modular flying training course.

• 1. Applicants for the competency-based modular IR(A) who hold a BIR and have experience of at least 50 hours of flight time under IFR as PIC on aeroplanes, shall:

• (a) at an ATO:

• (i) be assessed as having an acceptable standard of competency-based instrument rating theoretical knowledge;

• (ii) receive appropriate flight training to extend IFR privileges in accordance with FCL.605.IR(a);

• (b) after completion of (a);

• (i) successfully complete the skill test for the IR(A) in accordance with Appendix 7;

• (ii) demonstrate orally to the examiner during the skill test that they have acquired an adequate level of theoretical knowledge of air law, meteorology, and flight planning and performance.’;

• (56) Appendix 7 is amended as follows:

• (a) the title is replaced by ‘BIR and IR skill test’;

• (b) paragraph 1 is replaced by the following:

• ‘1. Applicants shall have received instruction on the same class or type of aircraft to be used in the test which shall be appropriately equipped for the training and testing purposes.’;

• (c) paragraph 9 is replaced by the following:

• ‘9. Applicants shall indicate to the examiner the checks and duties carried out, including the identification of radio facilities. Checks shall be completed in accordance with the authorised checklist for the aircraft on which the test is being taken. During pre-flight preparation for the test applicants shall determine power settings and speeds. The applicants shall calculate performance data for take-off, approach and landing in compliance with the operations manual or flight manual for the aircraft used.’;

• (d) in paragraph 11, at the end of the table for ‘aeroplanes’, the text for the footnote (++) is replaced by the following:

• ‘(++) To establish 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.’;

• (e) in paragraph 11, at the end of the table for „helicopters“, the text for the footnote (+) is replaced by the following:

• ‘(+) To establish 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.’;

• (57) the title of Appendix 9 replaced by ‘Training, skill test and proficiency check for MPL, ATPL, type and class ratings, and proficiency check for the BIR and IR’.

• (58) Appendix 9 is amended as follows:

• (a) in point 5 of Section B, point (l) is replaced by the following:

• ‘(l) To establish or maintain PBN privileges, one approach shall be an RNP APCH. Where an RNP APCH is not practicable, it shall be performed in an appropriately equipped FSTD.

By way of derogation from the subparagraph above, in cases where a proficiency check for revalidation of PBN privileges does not include an RNP APCH exercise, the PBN privileges of the pilot shall not include RNP APCH.The restriction shall be lifted if the pilot has completed a proficiency check including an RNP APCH exercise.’;

• (b) in point 6 of Section B, point (d) is replaced by the following:

• ‘(d) Where the letter ‘M’ appears in the skill test or proficiency check column, this will indicate a mandatory exercise or a choice where more than one exercise appears.’;

• (c) in point 6 of point (B), point (j) is replaced by the following:

• ‘(j) To establish or maintain PBN privileges, one approach shall be an RNP APCH. Where an RNP APCH is not practicable, it shall be performed in an appropriately equipped FSTD.

By way of derogation from the subparagraph above, in cases where a proficiency check for revalidation of PBN privileges does not include an RNP APCH exercise, the PBN privileges of the pilot shall not include RNP APCH. The restriction shall be lifted if the pilot has completed a proficiency check including an RNP APCH exercise.’;

• (d) in point 6 of Section B, in the table following point (j), the row for exercise 3.8.3.4 is replaced by the following:

‘3.8.3.4* Manually, with one engine simulated inoperative during final approach, either until touchdown or through the complete missed approach procedure (as applicable), starting: (i) before passing 1 000 ft above aerodrome level; and (ii) after passing 1 000 ft above aerodrome level. In aeroplanes which are not certificated as transport category aeroplanes (JAR/FAR 25) or as commuter category aeroplanes (SFAR 23), the approach with simulated engine failure and the ensuing go-around shall be initiated in conjunction with the 2D approach in accordance with 3.8.4. The go-around shall be initiated when reaching the published obstacle clearance height/altitude (OCH/A); however, not later than reaching an MDH/A of 500 ft above the runway threshold elevation. In aeroplanes having the same performance as a transport category aeroplane regarding take-off mass and density altitude, the instructor may simulate the engine failure in accordance with exercise 3.8.3.4.	P —->	—->		M’

• (e) in point 6 of Section B, in the table following point (j), the row for exercise 3.8.3.5 is deleted.

• (f) in Section C, a new point 8a is inserted as follows:

• ‘(8a) To establish or maintain PBN privileges, one approach shall be an RNP APCH. Where an RNP APCH is not practicable, it shall be performed in an appropriately equipped FSTD.

By way of derogation from subparagraph above, in cases where a proficiency check for revalidation of PBN privileges does not include an RNP APCH exercise, the PBN privileges of the pilot shall not include RNP APCH.. The restriction shall be lifted if the pilot has completed a proficiency check including an RNP APCH exercise.’.

ANNEX II

Point MED.A.030 of Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011 is amended as follows:

• (a) paragraph (c) is replaced by the following:

• ‘(c) When exercising the privileges of a:

• (1) light aircraft pilot licence (LAPL), a balloon pilot licence (BPL) issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or a sailplane pilot licence (SPL) issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, the pilot shall hold at least a valid LAPL medical certificate;

• (2) private pilot licence (PPL), the pilot shall hold at least a valid class 2 medical certificate;

• (3) BPL for the purpose of:

• (i) commercial passenger ballooning, the pilot shall hold at least a valid class 2 medical certificate;

• (ii) commercial operation other than commercial passenger ballooning, with more than 4 persons on board the aircraft, the pilot shall hold at least a valid class 2 medical certificate;

• (4) SPL for the purpose of commercial sailplane operations other than those specified in Article 3(2) of Commission Implementing Regulation (EU) 2018/1976, the pilot shall hold at least a valid class 2 medical certificate;

• (5) a commercial pilot licence (CPL), a multi-crew pilot licence (MPL) or an airline transport pilot licence (ATPL), the pilot shall hold a valid class 1 medical certificate.’;

• (b) paragraph (e) is replaced by the following:

• ‘(e) If an instrument rating or basic instrument rating is added to a PPL, the licence holder shall undergo pure tone audiometry examinations in accordance with the periodicity and the standard required for class 1 medical certificate holders.’.

ANNEX III

Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011 is amended as follows:

• (1) in point ARA.GEN.220, paragraph (b) is replaced by the following:

• ‘(b) The competent authority shall establish and keep up to date a list of all organisation certificates, FSTD qualification certificates and personnel licences, certificates and attestations it issued, DTO declarations it received, and the DTO training programmes it verified or approved for compliance with Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’;

• (2) point ARA.GEN.350 is amended as follows:

• (a) the introductory sentence of paragraph (da) is replaced by the following:

• ‘(da) By way of derogation from paragraphs (a) to (d), in the case of DTOs, if during oversight or by any other means the competent authority finds evidence that indicates DTO non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, the competent authority shall:’;

• (b) paragraph (e) is replaced by the following:

• ‘(e) Without prejudice to any additional enforcement measures, if the authority of a Member State that acts in accordance with point ARA.GEN.300(d) identifies any non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 by an organisation certified by, or having made a declaration to, the competent authority of another Member State or the Agency, it shall inform that competent authority of that non-compliance.’;

• (3) in point ARA.GEN.360, point (a) is replaced by the following:

• ‘(a) Upon receiving a licence holder’s request for a change of competent authority as specified in point FCL.015(e) of Annex I (Part-FCL), point BFCL.015(f) of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or point SFCL.015(f) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, 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.’;

• (4) in point ARA.FCL.200, the following paragraph (e) is added:

• ‘(e) Instructors for FI(B) or FI(S) certificates: The competent authority shall develop appropriate procedures for the conduct of the training flights under supervision specified in:

• (1) points BFCL.315(a)(5)(ii) and BFCL.360(a)(2) of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395; and

• (2) points SFCL.315(a)(7)(ii) and SFCL.360(a)(2) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’;

• (5) in point ARA.FCL.250(a), subparagraph (3) is replaced by the following:

• ‘(3) the licence holder no longer complies with the applicable requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976;’;

• (6) in point ARA.FCL.300, paragraph (a) is replaced by the following:

• ‘(a) The competent authority shall put in place the necessary arrangements and procedures to allow applicants to take theoretical knowledge examinations in accordance with the applicable requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’;

• (7) the following point ARA.ATO.110 is inserted after point ARA.ATO.105:

‘ ARA.ATO.110 Approval of minimum equipment lists

When the competent authority receives an application for approval of a minimum equipment list under points ORO.MLR.105 of Annex III (Part-ORO) and NCC.GEN.101 of Annex VI (Part-NCC) to Regulation (EU) No 965/2012, it shall act in accordance with point ARO.OPS.205 of Annex II (Part-ARO) to that Regulation.’;

• (8) in point ARA.DTO.100, paragraph (b) is replaced by the following:

• ‘(b) If the declaration does not contain the required information or contains information that indicates a non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, the competent authority shall act in accordance with point ARA.GEN.350(da).’;

• (9) in point ARA.DTO.110, paragraph (a) is replaced by the following:

• ‘(a) Upon receiving the training programmes of a DTO, and any changes thereto, notified to it in accordance with point DTO.GEN.115(c) of Annex VIII (Part-DTO) or the application for approval of the training programmes of a DTO submitted to it in accordance with point DTO.GEN.230(c) of that Annex, the competent authority shall verify the compliance of those training programmes with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.’;

• (10) Appendix I is amended as follows:

• (a) the introductory sentence after the heading ‘Flight crew licence’ is replaced by the following:

‘The flight crew licence issued by a Member State in accordance with Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 shall conform to the following specifications:’;