Otsus

OTSUS Tallinn 20.03.2020 nr 1.1-11/20/50 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) 965/2012 III lisa (osa ORO), V lisa (osa SPA), Komisjoni määrus (EL) 2015/340 IV lisa (osa ATCO.MED), Komisjoni määrus (EL) 1321/2014 III lisa (osa 66), lennundusseaduse § 7 lõike 11 (viide vastavalt alusmääruse võrdlustabelile) ning COVID-19 haigust põhjustava koroonaviiruse ülemaailmse leviku tõkestamiseks rakendatud meetmeid otsustan: 1. Anda erand meeskonna liikmete (ACW), instruktorite, eksamineerijate, lennundustehniliste töötajate ja lennujuhtide lubade, kvalifikatsiooni, tunnistuste, koolituste ja kontrollide kehtivusaja pikendamiseks erandist teavitamise vormil loetletud alustel ja tingimustel (lisa 1). 2. Erand kehtib 20.03.2020 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 Form Ref # [chrono/record num.] 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. EASA reference 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 periods for licences, ratings, endorsements, certificates and attestations, training and checking of aircrew, instructors, examiners, aircraft maintenance licence holders and air traffic controllers. * Domain ACW-aircrew * Repetitive exemption? A) NO ☒ (duration should be up to 8 months): Valid from 20.03.2020 to 31.07.2020 * Exempted Regulation (EU) No 1178/2011, particularly: requirements - points FCL.055, FCL.625, FCL.740, FCL.940 and FCl.1025 of Annex I (Part-FCL) - points MED.A.045, MED.C.030 and MED.D.030 of Annex IV (Part-MED) Regulation (EU) No 965/2012, particularly - points ORO.GEN.110, ORO.FC.130, ORO.FC.230, ORO.FC.330, ORO.FC.A.245, ORO.CC.140 and ORO.TC.135 of Annex III (Part-ORO) - point SPA.DG.105 of Annex V (Part-SPA) Regulation (EU) 2015/340, particularly: . FO.EXEMP.00026-001 © 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 Form Ref # [chrono/record num.] Exemption notification Art. 71(1) - points ATCO.MED.A.045 and ATCO.MED.C.025 of Annex IV (Part-ATCO.MED) Regulation (EU) 1321/2014, particularly point 66.A.40 of Annex III (Part-66) * Summary of the Subject to fulfilling the applicable mitigating conditions as specified in this Exemption (see field “Summary of exemption mitigations”), with regard to licences, ratings, endorsements, certificates and attestations issued by Estonian Civil Aviation Administration, including associated medical certificates and reports, all of the following shall apply: (a) Licences, ratings, certificates and attestations issued in accordance with Annex I (Part-FCL), Annex IV (Part-MED) and Annex V (Part-CC) to Regulation (EU) No 1178/2011 The validity 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 is the shorter period of time, in the case of: (i) class ratings, type ratings and instrument ratings endorsed in Part-FCL commercial pilot licences (CPL, MPL, ATPL) for operating aircraft representing those classes and types within an organisation for which Annex III (Part-ORO) to Regulation (EU) No 965/2012 is applicable; (ii) Part-MED Class 1 medical certificates of holders of the ratings and certificates specified in point (i) above; (2) until the end of the application of this Exemption, in the case of: (i) Part-FCL instructor and examiner certificates the holders of which are involved in training and checking of holders of the class and type ratings specified in point 1(i) above; (ii) language proficiency endorsements as per point FCL.055 of Part-FCL; (iii) privileges of Part-MED aeromedical examiner certificates related to Class 1 medical certificates; (iv) medical reports of cabin crew as per point MED.C.030 of Part-MED. 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) Training and checking in accordance with Annex III (Part-ORO) to Regulation (EU) No 965/2012 The validity period of all of the following is extended by 4 months or until the end of the application of this Exemption, whichever is the shorter period of time: (1) operator proficiency checks (OPC) in accordance with points ORO.FC.230(b) and ORO.FC.330 of Part- ORO; (2) operator line-oriented evaluation in accordance with point ORO.FC.A.245(d) of Part-ORO, if applicable; (3) operator emergency and safety equipment training and checking in accordance with point ORO.FC.230(d) of Part-ORO; (4) operator ground and flight training in accordance with point ORO.FC.230(f) of Part-ORO; (5) operator cabin crew recurrent training and checking in accordance with point ORO.CC.140 of Part-ORO; (6) operator technical crew recurrent training in accordance with point ORO.TC.135 of Part-ORO; (7) operator line checks (LC) in accordance with point ORO.FC.230(c) of Part-ORO; (8) operator dangerous goods recurrent training in accordance with point ORO.GEN.110(j) of Part-ORO and, when applicable, point SPA.DG.105(a) of Part-SPA; (9) operator crew resource management recurrent training in accordance with point ORO.FC.230(e)(1) and (e)(2) of Part-ORO; (10) operator recurrent training and checking in accordance with point ORO.FC.130 of Part-ORO. If, towards the end of the period specified in the introductory sentence of this point (b), the competent authority considers that the reasons for granting the Exemption still apply, the validity period of relevant training and checking may be further extended for a period of up to 4 months or by the end of the application of this Exemption, whichever date comes first. (c) Licences, endorsements and certificates issued in accordance with Annex IV (Part-ATCO.MED) to Regulation (EU) 2015/340 The validity period of all of the following is extended as follows: . FO.EXEMP.00026-001 © 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 Form Ref # [chrono/record num.] Exemption notification Art. 71(1) (ii) Part-ATCO Class 3 medical certificates as per point ATCO.MED.A045 of Part-ATCO.MED; (iii) privileges of Part-ATCO.MED aeromedical examiner certificates related to Class 3 medical certificates. 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 endorsement or the certificate may be further extended for a period of up to 4 months or the end of the application of this Exemption, whichever date comes first. (d) Aircraft maintenance licences issued in accordance with Annex III (Part-66) to Regulation (EU) No 1321/2014 The validity period of aircraft maintenance licences is extended by 4 months or until the end of the application of this Exemption, whichever is the shorter period of time. If, towards the end of that period, the competent authority considers that the reasons for granting the Exemption still apply, the validity period of the licence may be further extended for a period of up to 4 months or by the end of the application of this Exemption, whichever date comes first. * 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 commercial pilot licences who are required both to perform their licence proficiency check (LPC) to revalidate the validity period of their type and instrument ratings and to comply with the applicable operator recurrent training and checking requirements (OPC) in order to continue to exercise their privileges on behalf of their operator are not able to timely reach or gain access to flight simulation training devices (FSTD) 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 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 on behalf of their operator are not able to timely reach or gain access to FSTD to complete the necessary assessment of competence. This would result in expiry of said certificate.  Holders of Part-MED Class 1 medical certificates who are required to undergo a recurrent medical examination to revalidate their Class 1 medical to continue to exercise their licence or certificate privileges on behalf of their operator are not able to timely reach or gain access to an aeromedical examiner (AME) or aeromedical centre (AeMC) to complete the necessary medical examination. In addition, in many cases medical examiners have been reassigned to support the COVID-19 outbreak in their State. This would result in expiry of said certificates.  Holders of cabin crew attestations issued in accordance with Annex V (Part-CC) to Regulation (EU) 1178/2011 who are required to undergo a recurrent training, in accordance with the applicable requirements of Part-ORO, are not able to timely reach or gain access to training facilities.  Holders of a cabin crew medical report as per Annex IV (Part-MED) to Regualtion 1178/2011 who are required to undergo a recurrent aero-medical assessment, in accordance with the applicable requirements of Part-MED, are not able to undergo aero-medical assessment.  Holders of Class 3 medical certificates issued in accordance with Annex IV (Part- ATCO.MED) to Regulation (EU) 2015/340 who are required to undergo a recurrent medical examination to revalidate their Class 3 medical certificate to continue to exercise their licence privileges on behalf of their air navigation service provider . FO.EXEMP.00026-001 © 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 Form Ref # [chrono/record num.] Exemption notification Art. 71(1) (ANSP) are not able to timely reach or gain access to an AME or AeMC to complete the necessary medical examintion. In addition, in many cases medical examiners have been reassigned to support the COVID-19 outbreak in their State. This would result in expiry of said certificates.  Holders of aeromedical examiner certificates as per (Part-MED) to Regulation 1178/2011 and Annex IV (Part-ATCO.MED) who are required to perform medical examinations of the applicants for a Class 1 or Class 3 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.  Holders of aircraft maintenance licences issued in accordance with Part-66 are not able to timely revalidate their licence. ☒ Urgent operational needs 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, certificates and attestations as well as operators/ANSPs/maintenance organisations when the said circumstances are declared to the CA by either the holder (of the licence, rating, endorsement, certificate or attestation) or the operator/ANSP/maintenance organisation to ensure a certain level of business continuity for organisations for which Annex III (Part- ORO) to Regulation (EU) No 965/2012 or Annex IV of Regulation (EU) No 2015/340 are applicable. This Exemption aims to reduce the severity of the disruptions that would otherwise occur due to non-availability of a sufficient number of crew members as well as ATCOs and aircraft maintenance licence holders to operate on behalf of said organisations. * Summary of Mitigating A) Safety: measures, if any (1) Part-FCL licence holders benefiting from this exemption shall comply with all of the following: (a) they shall hold a valid class or type rating; (b) they shall operate under the management system of an organisation for which Part- ORO is applicable; (c) they shall have received refresher training, followed by the completion of an assessment by means established by the operator to determine that the required level of knowledge to operate the applicable class or type is maintained. That assessment shall include class – or type – specific abnormal and emergency procedures. Upon successful completion of the refresher training and the assessment as per point (c), the new expiry date of the relevant rating and, if applicable, the language proficiency endorsement, shall be endorsed in the licence of the pilot, either by the Estonan CAA or by an examiner nominated by the operator and acting in accordance with point FCL.1030, as applicable. (2) Part-FCL instructors and examiners certificate holders benefiting from this exemption shall hold a valid instructor and, if applicable, a valid examiner certificate. The new expiry date shall be indicated in one of the following methods: (a) it shall be endorsed in the licence of the pilot, either by the Estonian CAA or a (senior) examiner nominated by the operator and acting in accordance with point FCL.1030, as applicable; . FO.EXEMP.00026-001 © 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 Form Ref # [chrono/record num.] Exemption notification Art. 71(1) (b) it shall be endorsed by the Estonian CAA in an attachment to the instructor or examiner certificate. (3) Part-MED Class 1 medical certificate holders and Part-ATCO.MED Class 3 medical certificate holders benefitting from this exemption shall hold a valid Class 1 or Class 3 medical certificate without limitations, except visual ones. (4) Part-MED cabin crew medical report holders benefiting from this exemption shall hold a valid cabin crew medical report without limitations, except visual ones. (5) Part-MED and Part-ATCO.MED aero-medical examiner certificate holders benefiting from this exemption shall hold a valid aero-medical examiner certificate. (6) Operators benefiting from this exemption shall comply with all of the following: (a) The operator shall ensure that flight crew members benefiting from this exemption comply with the refresher training specified in point (1) above in all of the following cases: (i) operator proficiency checks (OPC) in accordance with point ORO.FC.230(b); (ii) line checks in accordance with point ORO.FC.230(c); (iii) line-oriented evaluation in accordance with point ORO.FC.A.245(d), if applicable. (b) In addition to point (a) above, the refresher training mentioned in point (1)(c) shall include any additional Part-SPA related elements, as applicable. (c) The operator shall ensure that crew members complete additional training through any means in all of the following cases: (i) operator emergency and safety equipment training and checking in accordance with ORO.FC.230(d); (ii) ground and flight training in accordance with point ORO.FC.230(f); (iii) OPC for commercial specialised operations and CAT operations referred to in point ORO.FC.005(B)(1) and (2), in accordance with point ORO.FC.330; (iv) cabin crew recurrent training and checking in accordance with point ORO.CC.140; (v) technical crew recurrent training in accordance with point ORO.TC.135. (vi) dangerous goods recurrent training in accordance with point ORO.GEN.110(j) and, when applicable, point SPA.DG.105(a); (vii) crew resource management recurrent training in accordance with point ORO.FC.230(e)(1) and (e)(2); (viii) operator recurrent training and checking in accordance with point ORO.FC.130 of Part-ORO. Note: The intent of “through any means” is that operators provide additional training to crew members in order to compensate for the extended validity of the different training elements of Part-ORO and Part-SPA, as applicable. This could be done for example via briefing/leaflet/bulletin/CBT/video. (9) Part-66 aircraft maintenance licence holders benefitting from this exemption shall only exercise the certification privileges associated with their licence when no action is pending pursuant to point 66.B.500 of Part-66. B) Environment: The circumstances and needs addressed by the exemption do not have an impact on environment. . FO.EXEMP.00026-001 © 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 Form Ref # [chrono/record num.] Exemption notification Art. 71(1) 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. E) Essential requirements: Not applicable. * Type of operation N/A In case of non-approved N/A change/repair Concerned entity(ies) Concerned entity Organisation Concerned entity details Holders of licences, ratings, certificates, endorsements and attestations issued by Eastonian Civil Aviation Administration in accordance with the Regulations specified above in the field “Exempted requirements” Product N/A Attached ECAA 20.03.2020 documentation . FO.EXEMP.00026-001 © 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