Otsus

OTSUS Tallinn 27.03.2020 nr 1.1-11/20/58 Otsus erandi andmise kohta Võttes aluseks Euroopa Parlamendi ja nõukogu määruse (EL) 2018/1139 artikli 71 lõike 1, Komisjoni määrus (EL) 1178/2011 I lisa (osa FCL), IV lisa (osa MED), Komisjoni määrus (EL) 2018/395 III lisa (osa BFCL), Komisjoni määrus (EL) 2018/1976 III lisa (osa SFCL), lennundusseaduse § 7 lõike 11 (viide vastavalt alusmääruse võrdlustabelile) ning COVID-19 haigust põhjustava koroonaviiruse ülemaailmse leviku tõkestamiseks rakendatud meetmeid otsustan: 1. Anda erand mitteärilise õhutranspordi meeskonna liikmete (ACW), instruktorite ja eksamineerijate lubade, kvalifikatsiooni, tunnistuste, koolituste ja kontrollide kehtivusaja pikendamiseks erandist teavitamise vormil loetletud alustel ja tingimustel (lisa 1). 2. Erand kehtib 27.03.2020 kuni 31.07.2020. Erandist teavitada Euroopa Komisjoni ja Euroopa Lennundusohutusametit ning teisi liikmesriike infosüsteemi FlexTool kaudu. Käesolevat otsust on võimalik vaidlustada 30 päeva jooksul alates teatavakstegemisest esitades kaebuse Tallinna Halduskohtusse halduskohtumenetluse seadustikus sätestatud korras või vaide Lennuametisse haldusmenetluse seaduses sätestatud korras. (allkirjastatud digitaalselt) Rait Kalda Peadirektor Lisa 1 erandist teavitamise vorm  European Aviation Safety Agency Peadirektori 27.03.2020 otsuse nr 1.1-11/20/58 lisa 1 Template 2 25/03/2020 Exemption notification Art. 71(1) Article 71(1) of Regulation (EU) 2018/1139 Exemption Notification form This template reflects the information needed to notify a flexibility provision which duration or cumulative duration (when it is a repetitive measure) is up to 8 months. Providing the data in English will assist in processing the Agency recommendation in a timely manner, increase transparency and facilitate further enquiry. Fields marked with * are compulsory. Notifying State * Member or Associated Estonia State * Reference of the notification from the State * Contact Details of NAA Name: Estonian Civil Aviation Administration Email: [email protected] Telephone: +372 6103500 * Date of the Given by FlexTool notification Exemption * Title Covid19 – outbreak: Extension of validity and other time periods for licences, ratings, privileges, endorsements and certificates of pilots, instructors and examiners * Domain ACW-aircrew * Repetitive exemption? A) NO ☒ (duration should be up to 8 months): Valid from 27.03.2020 to 31.07.2020 * Exempted Regulation (EU) No 1178/2011, particularly: requirements - points FCL.025, FCL.055, FCL.060, FCL.140.A, 140.H, FCL.130.S, FCL.140.S, FCL.130.B, FCL.140.B, FCL.220.S, FCL.230.S, FCL.220.B, FCL.230.B, FCL.625, FCL.725, FCL.740, FCL.735.A, FCL.735.H, FCL.805, FCL.810, FCL.830, FCL.815, FCL.940 and FCl.1025 of as well as point (1) of Section H of Appendix 3 to Annex I (Part-FCL) - points MED.A.045 and MED.D.030 of Annex IV (Part-MED) . FO.EXEMP.00026-002 © European Aviation Safety Agency. All rights reserved. ISO9001 Certified. Page 1 of 6 Proprietary document. Copies are not controlled. Confirm revision status through the EASA-Internet/Intranet. An agency of the European Union  European Aviation Safety Agency Peadirektori 27.03.2020 otsuse nr 1.1-11/20/58 lisa 1 Template 2 25/03/2020 Exemption notification Art. 71(1) Regulation (EU) 2018/3951, particularly points BFCL.160, BFCL.215 and BFCL.360 of Annnex III (Part- BFCL) Regulation (EU) 2018/19762, particularly points SFCL.155, SFCL.160, SFCL.205, SFCL.215 and SFCL.360 of Annex III (Part-SFCL) * Summary of the Subject to fulfilling the applicable mitigating conditions as specified in this Exemption (see exemption field “Summary of mitigations”), with regard to applicants for as well as holders of licences, ratings, privileges, endorsements and certificates issued by Estonian Civil Aviation Administration in accordance with Regulation (EU) No 1178/2011, including associated medical certificates, all of the following shall apply: (a) The time period of all of the following is extended as follows: (1) by 4 months or until the end of the application of this Exemption, whichever period of time is shorter, in the case of validity periods of all of the following: (i) class ratings, type ratings and instrument ratings endorsed in Part-FCL pilot licences the holders of which are not involved in the operation of aircraft representing those classes and types within an organisation for which Annex III (Part-ORO) to Regulation (EU) No 965/2012 is applicable3; (ii) mountain ratings; (iii) Part-MED medical certificates; (2) until the end of the application of this Exemption, in the case of: (i) Part-FCL instructor and examiner certificates; (ii) language proficiency endorsements as per point FCL.055 of Part-FCL; (iii) Part-MED aeromedical examiner certificates; (iv) recommendations for taking theoretical knowledge examinations, issued by a DTO or by an ATO in accordance with point FCL.025(a)(3) of Part-FCL, point BFCL.135(b)(3) of Part- BFCL and point SFCL.135(b)(3) of Part-SFCL; (v) theoretical knowledge examinations for the purpose of licence issue as per points (c)(1) and (c)(2) of point FCL.025 of Part-FCL, point BFCL.135(d) of Part-BFCL and point SFCL.135(d) of Part-SFCL; (vi) the time periods specified in point FCL.725(c) of Part-FCL with regard to all of the following: (A) the time period between the commencement of the type rating training course and the pass of the skill test; (B) the time period between the pass of the skill test and the application for the issue of the class or type rating; (vii) the time period specified in all of the following, provided that the regular time period ended during the application period of this Exemption: (A) point FCL.735.A(b); (B) point FCL.735.H(b); (C) point (1) of Section H of Appendix 3 to Part-FCL; (D) points (a)(1) and (b)(2) of point FCL.810; (E) point FCL.815(b); (F) point FCL.825(c); 1 Exemptions to Regulation (EU) 2018/395 are relevant only if Part-BFCL applies. 2 Exemptions to Regulation (EU) 2018/1976 are relevant only if Part-SFCL applies. 3 Clarification: Point (a)(1)(i) applies to holders of Part-FCL licences who are involved in CAT operation by third country operators. . FO.EXEMP.00026-002 © European Aviation Safety Agency. All rights reserved. ISO9001 Certified. Page 2 of 6 Proprietary document. Copies are not controlled. Confirm revision status through the EASA-Internet/Intranet. An agency of the European Union  European Aviation Safety Agency Peadirektori 27.03.2020 otsuse nr 1.1-11/20/58 lisa 1 Template 2 25/03/2020 Exemption notification Art. 71(1) (3) in the case of the time period specified in point FCL.025(b)(2) of Part-FCL, that time period is extended by the time period that equals the time period during which an applicant was unable to access theoretical knowledge examinations for the reasons specified in this Exemption (see field “Reasons for granting it”). If, towards the end of the period specified in point (1), the competent authority considers that the reasons for granting this Exemption still apply, the validity period of the rating or certificate may be further extended for another period of up to 4 months or the end of the application of this Exemption, whichever date comes first. (b) For the application of all of the following recency requirements of Part-FCL, the time period is extended as follows: (1) to the last 300 days, in the case of point FCL.060(a) (balloon pilot recency for commercial air transport and the carriage of passengers); (2) to the last 2 years and 8 months, in the case of point FCL.140.A(a) (LAPL(A) recency); (3) to the last 20 months, in the case of point FCL.140.H (LAPL(H) recency); (4) to the last 32 months, in the case of all of the following: (i) points FCL.130.S(c) and FCL.220.S (sailplane launching methods); (ii) points (a) and (b)(1) of point FCL.140.S as well as point FCL.230.S (sailplane pilot recency); (iii) points FCL.130.B(c) and FCL.220.B (recency for tethered balloon flight); (iv) points FCL.140.B and FCL.230.B(a) (balloon pilot recency) (v) point FCL.805(e) (towing rating recency); (vi) point FCL.830(d) (sailplane cloud flying recency). (c) For the application of all of the following recency requirements of Part-BFCL, the time period is extended as follows: (1) to the last 30 months, in the case of all of the following: (i) points (a)(1)(i), (a)(2) and (f)(1) of point BFCL.160 (balloon pilot recency); (ii) point BFCL.215(d)(2) (commercial operation rating recency); (2) to the last 56 months, in the case of all of the following: (i) point BFCL.160(a)(1)(ii) (balloon pilot recency); (ii) point BFCL.200(d) (recency for tethered balloon flight); (3) to the last 300 days, in the case of point BFCL.215(d)(1) (commercial operation rating recency); (4) to the last 3 years and 8 months, in the case of point BFCL.360(a)(1) (balloon instructor recency). (d) For the application of all of the following recency requirements of Part-SFCL, the time period is extended as follows: (1) to the last 2 years and 8 months, in the case of all of the following: (i) point SFCL.155(c) (sailplane launching methods); (ii) point SFCL.205(f) (sailplane towing or banner towing rating); (iii) point SFCL.215(e) (saiplane cloud flying rating); (2) to the last 30 months, in the case of points (a) and (b) of point SFCL.160 (sailplane pilot recency). (3) to the last 3 years and 8 months, in the case of point SFCL.360(a)(1) (sailplane instructor recency). . FO.EXEMP.00026-002 © European Aviation Safety Agency. All rights reserved. ISO9001 Certified. Page 3 of 6 Proprietary document. Copies are not controlled. Confirm revision status through the EASA-Internet/Intranet. An agency of the European Union  European Aviation Safety Agency Peadirektori 27.03.2020 otsuse nr 1.1-11/20/58 lisa 1 Template 2 25/03/2020 Exemption notification Art. 71(1) (e) In the case of point FCL.060(c)(1), the 120-day period is extended to 180 days under the same conditions as specified in that point. 4 * Reasons for granting it ☒ Unforeseeable circumstances The COVID-19 outbreak has resulted in drastic travel restrictions and closure of borders between a majority of States.  Holders of Part-FCL pilot licences who are required to perform their licence proficiency check (LPC) to revalidate the validity period of their class ratings, type ratings and instrument ratings are not able to timely reach or gain access to aircraft or flight simulation training devices (FSTDs) to complete the necessary training and checking. Additionally, these pilots are not able to timely get access to an examination for maintaining their language proficiency. This would result in expiry of their ratings and the language proficiency endorsement.  Holders of LAPLs, BPLs, SPLs as well as of mountain ratings or sailplane cloud flying ratings are not able to maintain recent experience related to their privileges.  Holders of Part-FCL instructor and examiner certificates who are required to perform an assessment of competence to revalidate their instructor or examiner privileges in order to continue to exercise their training and checking privileges are not able to timely reach or gain access to aircraft or FSTDs to complete the necessary assessment of competence. This would result in expiry of said certificate.  Holders of Part-MED medical certificates who are required to undergo a recurrent medical examination to revalidate their medical certificate to continue to exercise their licence or certificate privileges are not able to timely reach or gain access to an aeromedical examiner (AME) or aeromedical centre (AeMC) to complete the necessary medical examination. This would result in expiry of said certificates.  Holders of aeromedical examiner certificates as per (Part-MED) to Regulation 1178/2011 who are required to perform medical examinations of the applicants for a medical certificate in order to revalidate their relevant AME privileges are not able to timely reach or gain access to their competent authorities. This would result in expiry of said certificates.  Applicants for the issue of a licence or an instrument rating are not able to timely reach the competent authority to complete theoretical knowledge examinations within the time periods specified in points (a)(3) and (b)(2) of point FCL.025 of Part-FCL.  After completion of theoretical knowledge examinations, applicants for the issue of a licence or an instrument rating are not able to access training facilities and training aircraft or FSTDs in order continue with practical training within the time periods specified in point FCL.025(c)(1) of Part-FCL.  Applicants for a class or a type rating are not able to access training facilities as well as training aircraft or FSTDs in order to comply with the second subparagraph of point FCL.725(c) of Part-FCL. ☒ Urgent operational needs 4 Clarification: Point (e) regarding the measures in the context of point FCL.060(c) generally apply to all Part-FCL licence holders, including pilots involved in operation in accordance with Part-ORO. . FO.EXEMP.00026-002 © European Aviation Safety Agency. All rights reserved. ISO9001 Certified. Page 4 of 6 Proprietary document. Copies are not controlled. Confirm revision status through the EASA-Internet/Intranet. An agency of the European Union  European Aviation Safety Agency Peadirektori 27.03.2020 otsuse nr 1.1-11/20/58 lisa 1 Template 2 25/03/2020 Exemption notification Art. 71(1) As a result of the extreme operational and resource constraints caused by the COVID-19 outbreak, it is needed to apply this exemption to holders of European licences, ratings, endorsement and certificates when the said circumstances are declared to the CA by the holder of the licence, rating, endorsement or certificate. This Exemption aims to reduce the severity of the disruptions and consequent negative impacts on general aviation. * Summary of Mitigating A) Safety: measures, if any (1) Holders of class ratings, type ratings, instrument ratings, mountain ratings or language proficiency endorsements benefiting from point (a) of this exemption (see field “Summary of the exemption”) shall comply with all of the following: (a) they shall hold a valid relevant rating and, if applicable, a valid language proficiency endorsement; (b) they shall, during the application period of this Exemption, have received a briefing from an instructor who holds relevant instructional privileges in order to refresh the required level of theoretical knowledge to safely operate the applicable class or type and to safely carry out the relevant manoeuvres and procedures, as applicable. That briefing shall include class – or type – specific abnormal and emergency procedures, as appropriate. Upon successful completion of the briefing as per point (b), the new expiry date of the relevant rating and, if applicable, the language proficiency endorsement, shall be indicated in one of the following methods: (a) it shall be endorsed in the licence of the pilot by one of the following: (i) the CA; (ii) an instructor acting in accordance with point FCL.945; (iii) an examiner acting in accordance with point FCL.1030; (b) it shall be endorsed by the CA in an attachment to the licence of the pilot. (2) Instructors and examiner certificate holders benefiting from point (a) of this exemption (see field “Summary of the exemption”) shall hold a valid instructor and, if applicable, a valid examiner certificate. The new expiry date of the certificate shall be endorsed in the licence or certificate of the pilot, either by the CA or a (senior) examiner acting in accordance with point FCL.1030, as applicable. (3) Applicants for a licence, rating or certificate benefiting from point (a)(2)(vii) of this exemption (see field “Summary of the exemption”) shall have received additional training, if deemed necessary by the ATO or the DTO, in consultation with the CA. (4) Holders of licences as per Part-FCL, Part-BFCL and Part-SFCL benefitting from point (b), (c) or (d) of this Exemption (see field “Summary of the exemption”) shall, during the application period of this Exemption, have received a briefing from an instructor who holds relevant instructional privileges in order to refresh the required level of theoretical knowledge to safely operate the applicable aircraft and to carry out the relevant manoeuvres and procedures, as applicable. That briefing shall include specific abnormal and emergency procedures, as appropriate to the category, class and type of aircraft as well as to the relevant kind of privileges, as applicable. . FO.EXEMP.00026-002 © European Aviation Safety Agency. All rights reserved. ISO9001 Certified. Page 5 of 6 Proprietary document. Copies are not controlled. Confirm revision status through the EASA-Internet/Intranet. An agency of the European Union  European Aviation Safety Agency Peadirektori 27.03.2020 otsuse nr 1.1-11/20/58 lisa 1 Template 2 25/03/2020 Exemption notification Art. 71(1) (5) Part-MED medical certificate holders benefitting from this exemption shall hold a valid medical certificate without limitations, except visual ones. (6) Part-MED aero-medical examiner certificate holders benefiting from this exemption shall hold a valid aero-medical examiner certificate. B) Environment: The circumstances and needs addressed by the exemption do not have an impact on environment. C) Market distortion: Due to the exceptional circumstances affecting all EU Member States, and given its limited duration, the exemption does not have a distorting effect on the market conditions. D) Essential requirements: Not applicable. * Type of operation N/A In case of non-approved N/A change/repair Concerned entity(ies) Concerned entity Holders of licences, ratings, privileges, endorsements and certificates issued by Estonian Civil Aviation Concerned entity details Administration in accordance with the Regulations specified above in the field “Exempted requirements Product N/A Attached ECAA 27.03.2020 documentation . FO.EXEMP.00026-002 © European Aviation Safety Agency. All rights reserved. ISO9001 Certified. Page 6 of 6 Proprietary document. Copies are not controlled. Confirm revision status through the EASA-Internet/Intranet. An agency of the European Union