Commission Decision of 6 February 2014 authorising Sweden and the United Kingdom to derogate from certain common aviation safety rules pursuant to Article 14(6) of Regulation (EC) No 216/2008 of the European Parliament and of the Council (notified under document C(2014) 559) (Text with EEA relevance) (2014/69/EU)

ANNEX I Derogation by the United Kingdom from Commission Regulation (EU) No 1178/2011 (1) with respect to the Synthetic Flight Instructor (SFI) privileges

1. DESCRIPTION OF THE REQUEST

Provision FCL.905.SFI(a) in Part-FCL stipulates that the privileges of an SFI are to carry out synthetic flight instruction, within the relevant aircraft category, for: ‘(a) the issue, revalidation and renewal of an IR, provided that he/she holds or has held an IR in the relevant aircraft category and has completed an IRI training course’, and (IRI) course.

By a letter received by the Commission on 27 November 2012, the Government of the United Kingdom (UK) notified the Commission and EASA of their intention to derogate from FCL.905.SFI(a) of Regulation (EU) No 1178/2011 (the Aircrew Regulation), on the basis of Article 14(6) of Regulation (EC) No 216/2008 (the Basic Regulation).

The UK proposed to separate the requirement for the IRI course and the privilege to instruct for an initial IR from the other SFI requirements and to allow SFI, who have not completed IRI training, to provide training for the revalidation and renewal of the type-specific IR.

2. ASSESSMENT OF THE REQUEST

2.1. Need

Currently there is an insufficient number of flight instructors qualified to provide the training courses and not enough IRI courses are approved that would enable prospective SFIs to become qualified. The competent authority of UK emphasised that the requirement to attend an IRI course creates an unintended burden due to the insufficient number of flight instructors. This may be remedied by allowing SFIs that have not completed the IRI training course to provide training for the revalidation and renewal of the type-specific IR. The Agency considered that the UK has sufficiently demonstrated the need to derogate from the requirements of FCL.905.SFI.

2.2. Equivalency of the level of protection

As Part-FCL is written, the completion of the IRI course is a general requirement and applies to all instruction privileges of the SFI in relation to the IR. It therefore applies also to the privileges to instruct for the revalidation and renewal of the type-specific IR, as well as to the additional privileges to provide instruction for the initial grant of an IR.

The UK emphasised that an equivalent level of protection is maintained by the intended derogation because this derogation would restore the JAR-FCL standard.

Furthermore, the UK proposed to require the IRI course only for the privilege to instruct for an initial IR and to limit the privileges of SFIs who did not undergo this course to the training for revalidation or renewal of a type rating including the type specific IR. In order to be allowed to provide this training without having attended the full IRI course the UK proposed that the SFI has passed a proficiency check for the aircraft type including the instrument rating within the last 12 months. An SFI with this qualification who has not attended the full IRI course shall not instruct for the initial issue of any instrument rating, or for the revalidation or renewal of an instrument rating that is not associated with the revalidation or renewal of a type rating.

The Agency, having reviewed the amended derogation request, concluded that the UK is correct in stating that the privileges of the SFI have been changed in Part-FCL compared to JAR-FCL. The new requirement asking the SFI to attend an IRI course if flight instruction for the IR will be carried out has been added as an additional condition because it was seen as necessary for the extension of privileges.

The Agency agreed with the assessment of the UK that the proposed derogation provides for an equivalent level of protection to that attained by the application of Part-FCL, since it will not allow this specific group of SFIs to conduct training for the renewal and revalidation of a general IR without having participated in an IRI course but will only allow them to provide training for the revalidation and renewal of the type-specific IR.

3. DESCRIPTION OF THE DEROGATION

The United Kingdom may, by derogation from FCL.905.SFI(a) of Regulation (EU) No 1178/2011, allow SFIs to provide training for the revalidation and renewal of the type-specific IR without having completed the IRI training.

4. CONDITIONS ATTACHED TO THE APPLICATION OF THE DEROGATION

An SFI with this qualification shall not conduct training for the renewal and revalidation of a general IR without having participated in an IRI course.

5. GENERAL APPLICABILITY OF THE DEROGATION

All Member States may apply this derogation provided that the conditions described in point 4 are met.

(1)

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).