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 III Derogation by the United Kingdom from Regulation (EU) No 1178/2011 with respect to the restricted privileges of a Synthetic Flight Instructor (SFI) and the means by which those restrictions may be removed

1. DESCRIPTION OF THE REQUEST

Provision FCL.910.SFI(b) stipulates that for the extension of the SFI privileges to simulators representing additional aircraft types the SFI must be examined by a Type Rating Examiner (TRE). Part-FCL does not allow an SFE who is qualified on the type to conduct the test to add an additional type to the SFI privileges.

By a letter received on 27 November 2012, the Government of the United Kingdom (UK) notified the Commission and EASA of their intention to derogate from FCL.910.SFI(b) 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 asked for this derogation in order to allow the SFE not only to conduct tests in the case of the initial issue of the SFI certificate but to extend the privileges to allowing the SFE to test the SFI for any additional type.

2. ASSESSMENT OF THE REQUEST

2.1. Need

It is necessary to allow SFE not only to conduct tests in the case of the initial issue of the SFI certificate but to extend the privileges to allowing the SFE to test the SFI for any additional type as otherwise it will impose an unnecessary burden on the industry due to the lack of qualified staff. The Agency agreed with the justification provided by the UK on the need to grant this derogation.

2.2. Equivalency of the level of protection

The UK justified the intended derogation by stating that there would be no detrimental effect on the level of protection caused by this extension of privileges.

Based on the review performed, the Agency agreed with the assessment of the UK that an equivalent level of protection is maintained by the intended derogation as Part-FCL already allows the SFE to test the SFI for the aircraft type included in the initial issue of the SFI certificate.

3. DESCRIPTION OF THE DEROGATION

The United Kingdom may derogate from FCL.910.SFI(b) of Regulation (EU) No 1178/2011, allow the SFE not only to conduct tests in the case of the initial issue of the SFI certificate but to extend the privileges to allowing the SFE to test the SFI for additional types.

4. CONDITIONS ATTACHED TO THE APPLICATION OF THE DEROGATION

The privileges of the SFI may be extended to other FSTDs representing further types of the same of the same category of aircraft when the holder has:

• satisfactorily completed the simulator content of the relevant type rating course, and

• conducted on a complete type rating course at least 3 hours of flight instruction related to the duties of an SFI on the applicable type under the supervision and to the satisfaction of a TRE or SFE qualified for this purpose.

5. GENERAL APPLICABILITY OF THE DEROGATION

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