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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 (Text with EEA relevance)

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 (Text with EEA relevance)

Article 1 Subject matter

This Regulation lays down detailed rules for:

  1. different ratings for pilots’ licences, the conditions for issuing, maintaining, amending, limiting, suspending or revoking licences, the privileges and responsibilities of the holders of licences, the conditions for the conversion of existing national pilots’ licences and of national flight engineers’ licences into pilots’ licences, as well as the conditions for the acceptance of licences from third countries;

  2. the certification of persons responsible for providing flight training or flight simulation training and for assessing pilots’ skills;

  3. 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 commonly recognised medical certificates;

  4. the certification of aero-medical examiners, as well as the conditions under which general medical practitioners may act as aero-medical examiners;

  5. the periodical aero-medical assessment of cabin crew members, as well as the qualification of persons responsible for this assessment;

  6. 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;

  7. 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;

  8. the requirements for the certification of flight simulation training devices and for organisations operating and using those devices;

  9. the requirements for the administration and management system to be fulfilled by the Member States, the Agency and the organisations in relation with the rules referred to in points 1 to 8.

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

  1. ‘Part-FCL licence’ means a flight crew licence which complies with the requirements of Annex I;

  2. ‘JAR’ means joint aviation requirements adopted by the Joint Aviation Authorities as applicable on 30 June 2009;

  3. ‘Light aircraft pilot licence (LAPL)’ means the leisure pilot licence referred to in Article 7 of Regulation (EC) No 216/2008;

  4. ‘JAR-compliant licence’ means the pilot licence and attached ratings, certificates, authorisations and/or qualifications, issued or recognised, in accordance with the national legislation reflecting JAR and procedures, by a Member State having implemented the relevant JAR and having being recommended for mutual recognition within the Joint Aviation Authorities’ system in relation to such JAR;

  5. ‘Non-JAR-compliant licence’ means the pilot licence issued or recognised by a Member State in accordance with national legislation and not having been recommended for mutual recognition in relation to the relevant JAR;

  6. ‘Credit’ means the recognition of prior experience or qualifications;

  7. ‘Credit report’ means a report on the basis of which prior experience or qualifications may be recognised;

  8. ‘Conversion report’ means a report on the basis of which a licence may be converted into a Part-FCL licence;

  9. ‘JAR-compliant pilots’ medical certificate and aero-medical examiners’ certificate’ means the certificate issued or recognised, in accordance with the national legislation reflecting JAR and procedures, by a Member State having implemented the relevant JAR and having been recommended for mutual recognition within the Joint Aviation Authorities’ system in relation to such JAR;

  10. ‘Non-JAR-compliant pilots’ medical certificate and aero-medical examiners’ certificate’ means the certificate issued or recognised by a Member State in accordance with national legislation and not having been recommended for mutual recognition in relation to the relevant JAR;

  11. ‘Cabin crew member’ means an appropriately qualified crew member, other than a flight crew or technical crew member, who is assigned by an operator to perform duties related to the safety of passengers and flight during operations;

  12. ‘Aircrew’ means flight crew and cabin crew;

  13. ‘JAR-compliant certificate, approval or organisation’ means the certificate or approval issued or recognised or the organisation certified, approved, registered or recognised, in accordance with the national legislation reflecting JAR and procedures, by a Member State having implemented the relevant JAR and having been recommended for mutual recognition within the Joint Aviation Authorities’ system in relation to such JAR;

  14. ‘Acceptable means of compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EC) No 216/2008 and its implementing rules;

  15. ‘Alternative means of compliance (AltMoC)’ means those means that propose an alternative to an existing AMC or those that propose new means to establish compliance with Regulation (EC) No 216/2008 and its implementing rules for which no associated AMC have been adopted by the Agency;

  16. ‘Approved training organisation (ATO)’ means an organisation which is entitled to provide training to pilots on the basis of an approval issued in accordance with the first subparagraph of Article 10a(1);

  17. ‘Basic instrument training device (BITD)’ means a ground-based training device for the training of pilots representing the student pilot's station of a class of aeroplanes, which may use screen-based instrument panels and spring-loaded flight controls, and providing a training platform for at least the procedural aspects of instrument flight;

  18. ‘Certification specifications (CS)’ mean technical standards adopted by the Agency indicating means to be used by an organisation for the purpose of certification;

  19. ‘Flight instructor (FI)’ means an instructor with the privileges to provide training, in accordance with Subpart J of Annex I (Part-FCL), in an aircraft;

  20. ‘Flight simulation training device (FSTD)’ means a device for the training of pilots which is:

    1. in the case of aeroplanes, a full flight simulator (FFS), a flight training device (FTD), a flight and navigation procedures trainer (FNPT) or a basic instrument training device (BITD);

    2. in the case of helicopters, a full flight simulator (FFS), a flight training device (FTD) or a flight and navigation procedures trainer (FNPT);

  21. ‘FSTD qualification’ means the level of technical ability of an FSTD as specified in the certification specifications relating to the FSTD in question;

  22. ‘Principal place of business’ of an organisation means the head office or registered office of the organisation within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;

  23. ‘Qualification test guide (QTG)’ means a document established to demonstrate that the performance and handling qualities of an FSTD represent those of the aircraft, class of aeroplane or type of helicopter, simulated within prescribed limits and that all applicable requirements have been met. The QTG includes both the data of the aircraft, class of aeroplane or type of helicopter and FSTD data used to support the validation;

  24. ‘Declared training organisation (DTO)’ means an organisation which is entitled to provide training to pilots on the basis of a declaration made in accordance with the second subparagraph of Article 10a(1);

  25. ‘DTO training programme’ means a document established by a DTO, describing in detail the training course provided by that DTO.

Article 3 Pilot licensing and medical certification

1.

Without prejudice to Article 8 of this Regulation, pilots of aircraft referred to in Article 4(1)(b) and (c) and Article 4(5) of Regulation (EC) No 216/2008 shall comply with the technical requirements and administrative procedures laid down in Annex I and Annex IV to this Regulation.

2.

Notwithstanding the privileges of the holders of licences as defined in Annex I to this Regulation, holders of pilot licences issued in accordance with Subpart B or C of Annex I to this Regulation may carry out flights referred to in Article 6(4a) of Regulation (EU) No 965/2012. This is without prejudice to compliance with any additional requirements for the carriage of passengers or the development of commercial operations defined in Subparts B or C of Annex I to this Regulation.

Article 4 Existing national pilots’ licences

1.

JAR-compliant licences issued or recognised by a Member State before this Regulation applies shall be deemed to have been issued in accordance with this Regulation. Member States shall replace these licences with licences complying with the format laid down in Part-ARA by 8 April 2018 at the latest.

2.

Non-JAR-compliant licences including any associated ratings, certificates, authorisations and/or qualifications issued or recognised by a Member State before the applicability of this Regulation shall be converted into Part-FCL licences by the Member State that issued the licence.

3.

Non-JAR-compliant licences shall be converted into Part-FCL licences and associated ratings or certificates in accordance with:

  1. the provisions of Annex II; or

  2. the elements laid down in a conversion report.

4.

The conversion report shall:

  1. be established by the Member State that issued the pilot licence in consultation with the European Aviation Safety Agency (the Agency);

  2. describe the national requirements on the basis of which the pilot licences were issued;

  3. describe the scope of the privileges that were given to the pilots;

  4. indicate for which requirements in Annex I credit is to be given;

  5. indicate any limitations that need to be included on the Part-FCL licences and any requirements the pilot has to comply with in order to remove those limitations.

5.

The conversion report shall include copies of all documents necessary to demonstrate the elements set out in points (a) to (e) of paragraph 4, including copies of the relevant national requirements and procedures. When developing the conversion report, Member States shall aim at allowing pilots to, as far as possible, maintain their current scope of activities.

6.

Notwithstanding paragraphs 1 and 3, holders of a class rating instructor certificate or an examiner certificate who have privileges for single-pilot high performance complex aircraft shall have those privileges converted into a type rating instructor certificate or an examiner certificate for single-pilot aeroplanes.

7.

A Member State may authorise a student pilot to exercise limited privileges without supervision before he/she meets all the requirements necessary for the issuance of an LAPL under the following conditions:

  1. the privileges shall be limited to its national territory or a part of it;

  2. the privileges shall be restricted to a limited geographical area and to single-engine piston aeroplanes with a maximum take-off mass not exceeding 2 000 kg, and shall not include the carriage of passengers;

  3. those authorisations shall be issued on the basis of an individual safety risk assessment carried out by an instructor following a concept safety risk assessment carried out by the Member State;

  4. the Member State shall submit periodical reports to the Commission and the Agency every 3 years.

8.

Until 8 April 2019, a Member State may issue an authorisation to a pilot to exercise specified limited privileges to fly aeroplanes under instrument flight rules before the pilot complies with all of the requirements necessary for the issue of an instrument rating in accordance with this Regulation, subject to the following conditions:

  1. the Member State shall only issue these authorisations when justified by a specific local need which cannot be met by the ratings established under this Regulation;

  2. the scope of the privileges granted by the authorisation shall be based on a safety risk assessment carried out by the Member State, taking into account the extent of training necessary for the intended level of pilot competence to be achieved;

  3. the privileges of the authorisation shall be limited to the airspace of the Member State’s national territory or parts of it;

  4. the authorisation shall be issued to applicants having completed appropriate training with qualified instructors and demonstrated the required competencies to a qualified examiner, as determined by the Member State;

  5. the Member State shall inform the Commission, EASA and the other Member States of the specificities of this authorisation, including its justification and safety risk assessment;

  6. the Member State shall monitor the activities associated with the authorisation to ensure an acceptable level of safety and take appropriate action in case of identifying an increased risk or any safety concerns;

  7. the Member State shall carry out a review of the safety aspects of the implementation of the authorisation and submit a report to the Commission by 8 April 2017 at the latest.

9.

For licences issued before 19 August 2018, Member States shall comply with the requirements laid down in the second paragraph of point (a) of ARA.FCL.200 as amended by Commission Regulation (EU) 2018/1065(1) by 31 December 2022 at the latest.

Article 4a Performance-based navigation instrument rating privileges

1.

Pilots may only fly in accordance with performance-based navigation (‘PBN’) procedures after they have been granted PBN privileges as an endorsement to their instrument rating (‘IR’).

2.

A pilot shall be granted PBN privileges where he or she fulfils all of the following requirements:

  1. the pilot has successfully completed a course of theoretical knowledge including PBN, in accordance with FCL.615 of Annex I (Part-FCL);

  2. the pilot has successfully completed flying training including PBN, in accordance with FCL.615 of Annex I (Part-FCL);

  3. the pilot has successfully completed either a skill test in accordance with Appendix 7 to Annex I (Part-FCL) or a skill test or a proficiency check in accordance with Appendix 9 of Annex I (Part-FCL).

3.

The requirements of paragraph 2(a) and (b) shall be deemed to have been fulfilled where the competent authority considers that the competence acquired, either through training or from familiarity with PBN operations, is equivalent to the competence acquired through the courses referred to in paragraph 2(a) and (b) and the pilot demonstrates such competence to the satisfaction of the examiner at the proficiency check or skill test referred to in paragraph 2(c).

4.

A record of the successful demonstration of competency in PBN shall, upon completion of the skill test or the proficiency check referred to in paragraph 2(c), be entered in the pilot's logbook or equivalent record and signed by the examiner who conducted the test or check.

5.

IR pilots without PBN privileges may only fly on routes and approaches that do not require PBN privileges and no PBN items shall be required for the renewal of their IR, until 25 August 2020; after that date, PBN privileges shall be required for every IR.

Article 5 Existing national pilots’ medical certificates and aero-medical examiners certificates

Article 6 Conversion of flight test qualifications

Article 7 Existing national flight engineers’ licences

Article 8 Conditions for the acceptance of licences from third countries

Article 9 Credit for training commenced prior to the application of this Regulation

Article 9a Type rating training and operational suitability data

Article 10 Credit for pilot licences obtained during military service

Article 10a Pilot training organisations

Article 10b Flight simulation training devices

Article 10c Aero-medical centres

Article 11 Cabin crew medical fitness

Article 11a Cabin crew qualifications and related attestations

Article 11b Oversight capabilities

Article 11c Transitional measures

Article 12 Entry into force and application

ANNEX I

Appendix 1

Appendix 2

Appendix 3

Appendix 4

Appendix 5

Appendix 6

Appendix 7

Appendix 8

Appendix 9

ANNEX II

ANNEX III

ANNEX IV

ANNEX V

Appendix 1 to Part-CC

ANNEX VI

Appendix I

Appendix II to ANNEX VI PART-ARA

Appendix III to ANNEX VI PART-ARA

Appendix IV to ANNEX VI PART-ARA

Appendix V to ANNEX VI PART-ARA

Appendix VI to ANNEX VI PART-ARA

Appendix VII to ANNEX VI PART-ARA

Appendix VIII to ANNEX VI (Part-ARA)

ANNEX VII

ANNEX VIII

Appendix 1 to Annex VIII (Part-DTO)