Commission Regulation (EU) 2018/395Show full title

Article 2 U.K. Definitions

[F1 For the purpose of this Regulation, the following definitions and, unless terms are defined otherwise in this Article, the definitions of Article 2 of Commission Regulation (EU) No 1178/2011(1) apply:]

(1)

‘balloon’ means a manned lighter-than-air aircraft which is not power-driven and sustains flight through the use of either a lighter-than-air gas or an airborne heater, including gas balloons, hot-air balloons, mixed balloons and, although power-driven, hot-air airships;

(2)

‘gas balloon’ means a free balloon that derives its lift from a lighter-than-air gas;

(3)

‘tethered gas balloon’ means a gas balloon with a tether system that continuously anchors the balloon to a fixed point during operation;

(4)

‘free balloon’ means a balloon that is not continuously anchored to a fixed point during operation;

(5)

‘hot-air balloon’ means a free balloon that derives its lift from heated air;

(6)

‘mixed balloon’ means a free balloon that derives its lift from a combination of heated air and a lighter-than–air, non-flammable gas;

(7)

‘hot-air airship’ means a power-driven hot-air balloon, whereby the engine does not create any portion of lift;

(7a)

[F2 ‘commercial operation’ means any operation of a balloon, in return for remuneration or other valuable consideration, which is available for the public or, when not made available to the public, is performed under a contract between an operator and a customer, where the latter has no control over the operator;]

(8)

‘competition flight’ means any air operation with a balloon performed for the purposes of participating in air races or contests, including practising for such an operation and flying to and from air races or contests;

(9)

‘flying display’ means any air operation with a balloon performed for the purposes of providing an exhibition or entertainment at an advertised event open to the public, including practising for such an operation and flying to and from the advertised event;

(10)

[F1 ‘introductory flight’ means any air operation, against remuneration or other valuable consideration, that consists of an air tour of short duration for the purpose of attracting new trainees or new members, performed either by a training organisation referred to in Article 10a of Regulation (EU) No 1178/2011 or by an organisation established with the aim of promoting aerial sport or leisure aviation;]

(11)

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

(12)

[F1 ‘dry lease agreement’ means an agreement between undertakings pursuant to which the balloon is operated under the responsibility of the lessee;]

(13)

[F2 ‘national licence’ means a pilot licence issued by [F3 the CAA] in accordance with national legislation before the date of application of Annex III (Part-BFCL) to this Regulation or of Annex I (Part-FCL) to Regulation (EU) No 1178/2011;

(14)

‘Part-BFCL licence’ means a flight crew licence which complies with the requirements of Annex III (Part-BFCL) to this Regulation;

(15)

‘conversion report’ means a report on the basis of which a licence may be converted into a Part-BFCL licence.]

(16)

[F4 ‘medical declaration’ means a medical declaration made in accordance with article 163(3) of the Air Navigation Order 2016 by a pilot holding a balloon pilot licence (BPL), which has not ceased to be valid in accordance with article 163(4) of that Order.]

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2020/357 of 4 March 2020 amending Regulation (EU) 2018/395 as regards balloon pilot licences (Text with EEA relevance).

F2 Inserted by Commission Implementing Regulation (EU) 2020/357 of 4 March 2020 amending Regulation (EU) 2018/395 as regards balloon pilot licences (Text with EEA relevance).

F3 Words in Art. 2(13) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 80

F4 Art. 2(16) inserted (28.1.2021) by The Aviation Safety (Amendment) Regulations 2021 (S.I. 2021/10), regs. 1(2), 5(2)

(1)

[F1 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 ).]

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2020/357 of 4 March 2020 amending Regulation (EU) 2018/395 as regards balloon pilot licences (Text with EEA relevance).