THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC(1), and in particular Article 7(6) thereof,
Whereas:
(1) Commission Regulation (EU) No 1178/2011(2) establishes conditions for pilots involved in the operation of certain aircraft, as well as flight simulation training devices, persons and organisations involved in the training, testing and checking of those pilots.
(2) It is necessary to include in that Regulation additional requirements for pilot training, testing and periodic checking for pilots who fly in accordance with performance-based navigation (‘PBN’) procedures and therefore need PBN privileges endorsed to their instrument rating (‘IR’). The PBN endorsement should not create additional administrative burden for the competent authority.
(3) Pilots, holders of an IR, who have obtained on the basis of the applicable requirements of national law or otherwise theoretical knowledge and practical skills in PBN operations, prior to the date of application of this Regulation, should be deemed to have fulfilled the additional requirements, where they can demonstrate to the satisfaction of the competent authority that the knowledge and skills thus obtained are equivalent to those obtained through the courses and trainings required under this Regulation. The competent authorities should base their decisions on the equivalence of such knowledge and skills on objective information and criteria.
(4) Not all pilots, especially in the general aviation, fly in accordance with PBN procedures as, for example, their aircraft or the local aerodrome may lack the appropriate certified equipment for that purpose. Therefore, at present those pilots may not need additional training and checking related to PBN. Considering the rate of deployment of PBN equipment and procedures throughout the Union, this Regulation should provide for a reasonable period of time, after which the additional requirements for pilot training, testing and periodic checking for PBN will become applicable for those pilots.
(5) The period during which Member States may decide not to apply the provisions of Regulation (EU) No 1178/2011 in their territory to pilots holding a licence and associated medical certificate issued by a third country involved in the non-commercial operation of certain aircraft should be extended, because of the ongoing negotiations of the Union with certain third countries aimed at facilitating the conversion of such licences and medical certificates. It should be clarified that, where a Member State takes or has taken such a decision, it should publish that decision in an appropriate manner which allows all parties concerned to take note of it and ensures that the requirements of transparency and legal certainty are fulfilled.
(6) Additional requirements concerning the privileges of flight test pilots should also be included in Regulation (EU) No 1178/2011, in order to allow those pilots to operate an aircraft for certain flights without complying with the requirement to hold the respective class or type rating.
(7) Regulation (EU) No 1178/2011 stipulates that the training course for multi-pilot licences (‘MPL’) shall only be delivered by an approved training organisation that is part of an air transport operator. In addition, that Regulation stipulates that, unless the holder of an MPL has completed the conversion course of the same operator, he cannot exercise the privileges of the MPL. There are cases where, due to the fault of the operator, some MPL holders cannot complete that operator's conversion course and are consequently not able to work neither for that operator nor for another operator. The restriction on exercising MPL privileges elsewhere puts those MPL holders at a disadvantage without it being justified by safety reasons. Pilots who change operator are required to complete the new operator's conversion course despite the fact that they have taken a conversion course on the previous operator. Moreover, any operator's conversion course must take full account of the level of experience of the pilots joining that operator. It is therefore necessary to remove that restriction. MPL requirements are thus also aligned with the ICAO standards.
(8) Regulation (EU) No 1178/2011 should therefore be amended accordingly.
(9) The measures provided for in this Regulation are based on the opinion(3) issued by the European Aviation Safety Agency in accordance with Article 17(2)(b) and Article 19(1) of Regulation (EC) No 216/2008.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
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).
European Aviation Safety Agency Opinion No 03/2015 of 31.3.2015 for a Commission Regulation on revision of operational approval criteria for Performance Based Navigation (PBN).