Commission Implementing Regulation (EU) 2021/2227 of 14 December 2021 amending Regulation (EU) No 1178/2011 as regards the requirements for all-weather operations and for instrument and type rating training in helicopters (Text with EEA relevance)

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(1) and 27(1) thereof,

Whereas:

(1) Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 (2) lays down the training, testing and checking requirements for pilot licences, including requirements for obtaining privileges to fly approaches in accordance with instrument flight rules (IFR) down to decision heights of less than 200 feet, and for instrument and type rating training in helicopters.

(2) Commission Regulation (EU) No 965/2012 (3) lays down detailed rules for air operations, including requirements for operators to provide to their crew regular training and checking. That Regulation is being amended to reflect the latest International Civil Aviation Organization (ICAO) standardsregarding all-weather operations. The amendments to Regulation (EU) No 965/2012 are designed to constitute a comprehensive framework for low-visibility IFR approaches, including for aspects related to pilot training. Therefore, the corresponding requirements for low-visibility IFR approaches in Regulation (EU) No 1178/2011 should be deleted or, where necessary, replaced by references to Regulation (EU) No 965/2012.

(3) Due to the fact that single-engine helicopters are now being certified also for operation under IFR, the requirements for the helicopter instrument rating should be revised in order to be more relevant for the new types of helicopters and provide more flexibility as regards their use. The helicopter instrument rating and the related training should be designed to cover instrument flight in both single-engine and multi-engine helicopters, so that additional training to convert from a single-engine helicopter instrument rating to a multi-engine helicopter instrument rating would no longer be needed.

(4) Today the more demanding Part-FCL provisions for pilot training for multi-pilot helicopters apply also to multi-pilot operation in helicopters certified for single-pilot operation. As a result of that additional burden, almost all helicopter operations in such single-pilot certified helicopters are carried out in single-pilot operation, unless multi-pilot operation is mandated by operational requirements. Consequently, the safety benefit of flying with a co-pilot is lost. To avoid this outcome, the requirements and privileges for multi-pilot operation in helicopters should be revised in order to provide more flexibility. Appropriate requirements should be put in place to allow for safe multi-pilot operation in single-pilot helicopters.

(5) Since, until now only multi-engine helicopters have been used for helicopter flights under IFR, the existing helicopter instrument ratings have been obtained in multi-engine helicopters. For this reason, and considering the future use of single-engine helicopters under IFR, transitional provisions should be put in place to ensure that pilots currently holding helicopter instrument ratings can use the associated privilege in both single-engine and multi-engine helicopters.

(6) Training organisations should be given sufficient time to adapt their training programmes.

(7) Regulation (EU) No 1178/2011 should also be amended to correct certain outdated or incorrect cross-references, as well as provide clarification for certain provisions.

(8) The European Union Aviation Safety Agency has prepared draft implementing rules and submitted them to the Commission with Opinion No 02/2021 (4) in accordance with points (b) and (c) of Article 75(2) and with 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 in accordance with Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

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

(4) in Article 10a, the following paragraph (6) is added: ‘6.   Pilot training organisations that provide training for the IR(H) shall adapt their training programme to be compliant with Annex I by 30 October 2023.’;

(5) Annex I is amendend in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 30 October 2022. However, point (1) of Article 1 shall apply as of the date of entry into force.

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

Done at Brussels, 14 December 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 212, 22.8.2018, p. 1.

(2) Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1).

(3) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).

(4) https://www.easa.europa.eu/document-library/opinions