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)
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.
- (b) paragraph (a)(1)(III) is replaced by the following:
- ‘(III) serial number of the licence commencing with the UN country code of the State of licence issue and followed by ‘FCL’, ‘BFCL’ or ‘SFCL’, as applicable, and a code of numbers and/or letters in Arabic numerals and in Latin script;’;
- (c) paragraph (a)(2)(XII) is replaced by the following:
- ‘(XII) ratings, certificates and, in the case of balloons and sailplanes, privileges: class, type, instructor certificates, etc., with dates of expiry, as applicable. Radio telephony (R/T) privileges may appear on the licence or on a separate certificate;’;
- (d) the template following paragraph (c), with the heading ‘Cover page’ (EASA Form 141 Issue 2), is amended as follows:
- (i) the phrase ‘Issued in accordance with Part-FCL’ is replaced by the following:
‘Issued in accordance with Part-FCL/Part-BFCL/Part-SFCL (non-applicable terms to be deleted)’;
- (ii) the phrase ‘This licence complies with ICAO standards, except for the LAPL and EIR privileges’ is replaced by the following:
‘This licence complies with ICAO standards, except for the LAPL and BIR privileges or when accompanied by an LAPL medical certificate’;
- (e) in the template following the heading ‘Page 2’, the phrase ‘Serial number of the licence will always commence with the UN country code of the State of the licence issue, followed by ‘FCL.’ (remark associated with field No III – Licence number) is replaced by the following:
‘Serial number of the licence will always commence with the UN country code of the State of the licence issue, followed by “FCL.”, “BFCL.” or “SFCL.”, as applicable.’;
- (f) the template following the heading ‘Page 3’ is amended as follows:
- (i) the phrase ‘Abbreviations used will be as used in Part-FCL (e.g. PPL(H), ATPL(A), etc.)’ (text associated with field No II – Title of the licence, date of initial issue and country code) is replaced by the following:
‘Abbreviations used will be as those used in Part-FCL (e.g. PPL(H), ATPL(A), etc.), Part-BFCL and Part-SFCL’;
- (ii) after the phrase ‘In case of LAPL: LAPL not issued in accordance with ICAO standards’ (text associated with field No XIII – Remarks), the following text is added:
‘In case of SPL, except for the cases referred to in Point 2(b) of Article 3b of Commission Implementing Regulation (EU) 2018/1976: Privileges for aerobatic and sailplane cloud flying as well as for launching methods to be exercised in accordance with points SFCL.155, SFCL.200 and SFCL.215 of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.’.
- (11) Appendix III is replaced by the following:
‘CERTIFICATE FOR APPROVED TRAINING ORGANISATIONS (ATOs)
**European Union ***
Competent Authority
APPROVED TRAINING ORGANISATION CERTIFICATE
[CERTIFICATE NUMBER/REFERENCE]
Pursuant to Commission Regulation (EU) No 1178/2011 [and Commission Regulation (EU) 2018/395/Commission Implementing Regulation (EU) 2018/1976 (ADJUST AS APPLICABLE)] and subject to the conditions specified below, the [Competent Authority] hereby certifies
[NAME OF THE TRAINING ORGANISATION]
[ADDRESS OF THE TRAINING ORGANISATION]
as a Part-ORA certified training organisation with the privilege to provide Part-FCL training courses, including the use of FSTDs, as listed in the attached training course approval/Part-BFCL training courses/Part-SFCL training courses [ADJUST AS APPLICABLE].
CONDITIONS:
This certificate is limited to the privileges and the scope of providing the training courses, including the use of FSTDs, as listed in the attached training course approval.
This certificate is valid whilst the approved organisation remains in compliance with Part-ORA, Part-FCL, Part-BFCL, Part-SFCL [ADJUST AS APPLICABLE] and other applicable regulations.
Subject to compliance with the foregoing conditions, this certificate shall remain valid unless it has been surrendered, superseded, limited, suspended or revoked.
Date of issue:
Signed:
[Competent Authority]
- ‘‘European Union’’ to be deleted for non-EU Member States
EASA FORM 143 Issue 2 – Page 1/2
APPROVED TRAINING ORGANISATION CERTIFICATE
TRAINING COURSE APPROVAL
Attachment to ATO Certificate Number:
[CERTIFICATE NUMBER/REFERENCE]
[NAME OF THE TRAINING ORGANISATION]
has obtained the privilege to provide and conduct the following Part-FCL/Part-BFCL/Part-SFCL [ADJUST AS APPLICABLE] training courses and to use the following FSTDs:
Training course FSTD(s) used, including letter code6
This training course approval is valid as long as:
- (a) the ATO certificate has not been surrendered, superseded, limited, suspended or revoked; and
- (b) all operations are conducted in compliance with Part-ORA, Part-FCL, Part-BFCL, Part-SFCL [ADJUST AS APPLICABLE], other applicable regulations, and, when relevant, with the procedures in the organisation’s documentation as required by Part-ORA.
Date of issue:
Signed: [Competent Authority]
For the Member State/EASA
EASA FORM 143 Issue 2 – Page 2/2’;
- (12) Appendix VIII is replaced by the following:
‘ Training programme approval
for a declared training organisation (DTO)
European Union (*)
Competent authority
Issuing authority: Issuing authority: Issuing authority: Name of DTO: Name of DTO: Name of DTO: DTO reference number: DTO reference number: DTO reference number: Training programme(s) approved: Examiner standardisation – FE(S), FE(B) () Examiner refresher course – FE(S), FE(B) () Doc reference: Remarks: The above-mentioned training programme(s) has (have) been verified by the above-mentioned competent authority and found to be in compliance with the requirements of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976. The above-mentioned training programme(s) has (have) been verified by the above-mentioned competent authority and found to be in compliance with the requirements of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976. The above-mentioned training programme(s) has (have) been verified by the above-mentioned competent authority and found to be in compliance with the requirements of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976. Date of issue: Date of issue: Date of issue: Signed: [competent authority] Signed: [competent authority] Signed: [competent authority] () ‘‘European Union’’ to be deleted for non-EU Member States. (*) To be adjusted as applicable. () ‘‘European Union’’ to be deleted for non-EU Member States. (*) To be adjusted as applicable. () ‘‘European Union’’ to be deleted for non-EU Member States. (*) To be adjusted as applicable.
EASA Form XXX Issue 2 – Page 1/1’.
as indicated on the qualification certificate
ANNEX IV
Annex VII (Part-ORA) to Commission Regulation (EU) No 1178/2011 is amended as follows:
- (1) point ORA.ATO.110 is amended as follows:
- (a) in paragraph (b), subparagraph (1) is replaced by the following:
- ‘(1) ensuring that the training provided is in compliance with Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, and, in the case of flight test training, that the relevant requirements of Annex I (Part 21) to Commission Regulation (EU) No 748/2012 and the training programme have been established;’;
- (b) paragraph (d) is replaced by the following:
- ‘(d) Flight instructors and flight simulation training instructors shall hold the qualifications required by 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 for the type of training they provide.’;
- (2) in point ORA.ATO.125, paragraph (b) is replaced by the following:
- ‘(b) The training programme shall comply with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, and, in the case of flight test training, the relevant requirements of Annex I (Part 21) to Commission Regulation (EU) No 748/2012.’.
ANNEX V
Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011 is amended as follows:
- (1) point DTO.GEN.110 is amended as follows:
- (a) paragraphs (a)(3) and (4) are replaced by the following:
- ‘(3) for sailplanes, in accordance with the requirements of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976:
- (a) theoretical knowledge instruction for the SPL;
- (b) flight instruction for the SPL;
- (c) training towards extension of privileges to sailplanes or TMGs in accordance with point SFCL.150;
- (d) training towards additional launching methods in accordance with point SFCL.155;
- (e) training towards additional ratings and privileges: basic aerobatic and advanced aerobatic privileges, sailplane and banner towing rating, TMG night rating, and sailplane cloud flying privileges;
- (f) training towards flight instructor certificate for sailplanes (FI(S));
- (g) FI(S) refresher course;
- (4) for balloons, in accordance with the requirements of Annex III (Part-BFCL) to Commission Implementing Regulation (EU) 2018/1976:
- (a) theoretical knowledge instruction for the BPL;
- (b) flight instruction for the BPL;
- (c) training towards class or group extension in accordance with point BFCL.150;
- (d) training towards additional ratings: tethered hot-air balloon flight, night, and commercial operation rating;
- (g) training towards flight instructor certificate for balloons (FI(B));
- (h) FI(B) refresher course.’;
- (b) paragraph (b) is replaced by the following:
- ‘(b) A DTO shall be entitled to also provide the examiner courses referred to in points BFCL.430 and BFCL.460(b)(1) of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 for FE(B), as well as in points SFCL.430 and SFCL.460(b)(1) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 for FE(S), provided that the DTO has submitted a declaration in accordance with point DTO.GEN.115 and the competent authority has approved the training programme in accordance with point DTO.GEN.230(c).’;
- (2) in point DTO.GEN.115(a), subparagraph (8) is replaced by the following:
- ‘(8) a statement that confirms that the DTO complies and will, during all training activities covered by the declaration, continue to comply 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 and 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.’;
- (3) point DTO.GEN.210 is amended as follows:
- (a) paragraph (a)(2)(i) is replaced by the following:
- ‘(i) that the training provided complies 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 Regulation (EU) 2018/1976 and with the DTO’s training programme;’;
- (b) paragraph (e) is replaced by the following:
- ‘(e) Flight instructors and flight simulation training instructors shall hold the qualifications required by 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 for the type of training they provide.’;
- (4) point DTO.GEN.230 is amended as follows:
- (a) paragraph (b) is replaced by the following:
- ‘(b) The training programmes shall comply 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.’;
- (b) paragraph (c) is replaced by the following:
- ‘(c) A DTO shall be entitled to provide the training referred to in point DTO.GEN.110(b) only when its training programme for that training, and any changes thereto, have been issued by the competent authority, upon application by the DTO, with an approval in accordance with point ARA.DTO.110, confirming that the training programme and any changes thereto comply 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. A DTO shall apply for such approval through the submission of its declaration in accordance with point DTO.GEN.115.’;
- (5) in Appendix 1, Section 9 of the declaration form is replaced by the following:
| ‘9. | Statement The DTO has developed a safety policy in accordance with Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011, and in particular with point DTO.GEN.210(a)(1)(ii) thereof, and will apply that policy during all training activities covered by the declaration. The DTO complies and will, during all training activities covered by the declaration, continue to comply 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 Commission Regulation (EU) No 1178/2011, and 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. We confirm that all information contained in this declaration, including its annexes (if applicable), is complete and correct. Name, date and signature of the representative of the DTO Name, date and signature of the head of training of the DTO’ |
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