Commission Implementing Regulation (EU) 2020/2193
of 16 December 2020
amending Regulation (EU) No 1178/2011 as regards the requirements for flight crew competence and training methods, and as regards the reporting, analysis and follow-up of occurrences in civil aviation
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/911, and in particular Articles 23(1), 27(1) and 72(5) thereof,
Whereas:
Commission Regulation (EU) No 1178/20112 lays down the training, testing and checking requirements for pilot licensing.
The European Plan for Aviation Safety adopted by the European Union Aviation Safety Agency (‘the Agency’) pursuant to Article 6 of Regulation (EU) 2018/1139, identified that it is of key importance for aviation personnel to have the right competencies and that training methods need to be adapted to ensure that the personnel is able to cope with the new emerging technologies and the increasing complexity of the aviation system.
In 2013 the International Civil Aviation Organization (ICAO) published ‘Manual of evidence-based training’ (Doc 9995 AN/497), which contains the complete competency framework (‘core competencies’) with corresponding descriptions and related behavioural indicators to asses those competencies, encompassing what was previously known as technical and non-technical knowledge in pilot training, skills and attitudes. In that new approach, the training content is aligned with the actual competencies necessary to operate safely, effectively and efficiently in a commercial air transport environment.
The objective of evidence-based training (EBT) is to improve safety and to enhance the competencies of flight crews to safely operate the aircraft in all flight regimes and to be able to identify and manage unexpected situations. The EBT concept is designed to maximise learning and limit formal checking.
The alignment of Regulation (EU) No 1178/2011 with Regulation (EU) No 376/2014 of the European Parliament and of the Council3 as regards the reporting, analysis and follow-up of occurrences in civil aviation is expected to increase legal certainty, support the Agency standardisation inspections in the area of the occurrence reporting, and support the implementation of effective occurrence-reporting systems as part of safety management.
Regulation (EU) No 1178/2011 should therefore be amended accordingly.
The Agency has prepared draft implementing rules and submitted them with Opinion No 08/20194 in accordance with points (b) and (c) of Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139.
Negotiations between the Union and certain third countries are still ongoing, including on the conversion of pilot licences and associated medical certificates. In order to ensure that Member States may continue to recognise third country licences and medical certificates for an interim period in light of those negotiations, it is necessary to prolong 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.
Furthermore, the amendments to Appendix 1 of Regulation (EU) No 1178/2011, which were introduced by Commission Implementing Regulation (EU) 2018/19745 and which will apply as of 31 January 2022, should be aligned with the amendments to that Appendix introduced by Commission Implementing Regulation (EU) 2020/3596.
The Regulation should also be amended to correct certain technical errors, which were contained in previous amendments, as well as provide clarification for certain provisions.
Amendments related to the basic instrument rating should become applicable on the same date as the related provisions of Regulation (EU) 2020/359, namely on 8 September 2021.
The measures provided for in this Regulation are in accordance with the opinion of the Committee established in accordance with Article 127 of Regulation (EU) 2018/1139,
HAS ADOPTED THIS REGULATION: