Lennuamet · 3. mai 2019
Sisu (failidest)
EUROPEAN
COMMISSION
Brussels, XXX
[…](2019) XXX draft
Annex IIIa to EASA Opinion No 01/2019
COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
amending Commission Implementing Regulation (EU) 2018/1976 as regards sailplane
pilot licences
EN EN
DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
amending Commission Implementing Regulation (EU) 2018/1976 as regards sailplane
pilot licences
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 3922/91 (1), and in particular Articles 23 and 27 thereof,
Whereas:
(1) The European Commission is to adopt the necessary implementing rules for
establishing the requirements for sailplane pilot licences in accordance with
Regulation (EU) 2018/1139, where such aircraft meet the conditions specified in
points (b)(i) and (ii) of Article 2(1) of that Regulation.
(2) In light of the specific nature of flight crew licensing for sailplanes, there is a need for
dedicated licensing requirements laid down in self-standing regulations. Those rules
should be based on the general rules for flight crew licensing that are laid down in
Commission Regulation (EU) No 1178/2011 (2), but they should be restructured and
simplified, so as to ensure that they are proportionate and founded on a risk-based
approach, whilst ensuring that sailplane pilots are and continue to be competent to
carry out their activities and to discharge their responsibilities.
(3) These new licensing requirements for sailplane pilots should be added to Commission
Implementing Regulation (EU) 2018/1976 (3). At the same time, the licensing
requirements that are related to sailplane pilot licences and are laid down in Annex I
(Part-FCL) to Commission Regulation (EU) No 1178/2011 should be deleted, and
those requirements of Annex I (Part-FCL) that address cross-domain issues, such as
crediting provisions between sailplane pilot licences and licences for other aircraft
categories, should be revised in order to consider the new licensing requirements for
sailplanes.
(4) Pursuant to Article 12(2a)(3) of Commission Regulation (EU) No 1178/2011, Member
States may apply national licensing rules that provide access to basic pilot privileges
( 1) OJ L 212, 22.8.2018, p. 1.
( 2) 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).
( 3) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed
rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament
and of the Council (OJ L 326 , 20.12.2018, p. 64).
EN 1 EN
until 8 April 2020. Some Member States have reported to the European Commission
and the European Union Aviation Safety Agency that, in this context, authorising
student pilots to exercise limited privileges without supervision and thereby obtain
basic privileges on a step-by-step basis supports the promotion of aerial sports and
recreational activities by offering easy and more affordable access to flying.
Promoting and enabling such easier access to general aviation is in line with the
objectives of the General Aviation Road Map that aims to create a more proportional,
flexible and proactive regulatory system (4). For these reasons, Member States should
be given the discretion to continue with such modular training routes which should be
credited for the issue of a sailplane pilot licence (SPL). Member States should be
obliged to inform the European Commission and the European Union Aviation Safety
Agency if they make use of such authorisations. They should also monitor the use of
such authorisations in order to maintain an acceptable level of aviation safety.
(5) In order to ensure a smooth transition and to avoid as much as possible any disruptions
when introducing the new, specific regulatory framework for sailplane flight crew
licensing laid down in this Regulation, any certificates, authorisations and approvals
issued to sailplane pilots in accordance with Commission Regulation (EU) No
1178/2011 prior to the date of application of this Regulation should continue to be
valid. National sailplane pilot licences issued prior to the date of application of this
Regulation should be converted into licences, issued in accordance with this
Regulation, through conversion reports established by the Member States in
consultation with the European Union Aviation Safety Agency.
(6) Credit should be granted for sailplane pilot training that commenced prior to the date
of application of this Regulation. As the new sailplane pilot training requirements that
are introduced with this Regulation are equally or less demanding compared to the so
far applicable requirements of Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011, training in accordance with Annex I (Part-FCL) should be fully
credited. Credit for training that commenced in accordance with Annex 1 to the
Chicago Convention should be determined through credit reports established by the
Member States.
(7) It should be possible for Member States to accept sailplane licences that are issued by
third countries. Based on the requirements of the so far applicable Article 8 of
Commission Regulation (EU) No 1178/2011, the conditions for accepting third-
country sailplane pilot licences should be laid down.
(8) The requirements of Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII
(Part-DTO) to Commission Regulation (EU) No 1178/2011 should continue to apply
to sailplane flight crew licensing as, in the context of making the regulatory
framework for sailplane pilot licences simpler, lighter and better, there is no need for
amendments with regard to these Annexes. Existing training organisations should be
given the appropriate time to adapt their training programmes, where necessary, in the
context of the simplified training requirements.
(9) The European Union Aviation Safety Agency has prepared draft implementing rules
and submitted them with Opinion No 01/2019 (5) to the European Commission in
accordance with points (b) and (c) of Article 75(2) and with Article 76(1) of
Regulation (EU) 2018/1139.
( 4) https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map
( 5) https://www.easa.europa.eu/document-library/opinions
EN 2 EN
(10) The measures provided for in this Regulation are in accordance with the opinion of the
committee established by Article 127 of Regulation (EU) 2018/1139,
HAS ADOPTED THIS REGULATION:
Article 1
Commission Implementing Regulation (EU) 2018/1976 is amended as follows:
(1) the title of Commission Implementing Regulation (EU) 2018/1976 is replaced by the
following:
‘Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying
down detailed rules for the operation of as well as the flight crew licensing for
sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of
the Council’;
(2) in Article 1, paragraph 1 is replaced by the following:
‘1. This Regulation lays down detailed rules for air operations with sailplanes as well
as for issuing and maintaining pilot licences and associated ratings, privileges and
certificates for sailplanes, where such aircraft meet the conditions laid down in
points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139.’;
(3) Article 2 is amended as follows:
(a) the introductory sentence is replaced by the following:
‘For the purpose of this Regulations, the following definitions and, unless terms
are defined otherwise in this Article, the definitions of Article 2 of Commission
Regulation (EU) No 1178/2011 apply:’;
(b) point (10) is replaced by the following:
‘(10) “dry lease agreement” means an agreement between undertakings pursuant
to which the sailplane is operated under the responsibility of the lessee;’;
(b) The following points (11) to (13) are added:
‘(11) “national licence” means a pilot licence issued by a Member State in
accordance with national legislation before the date of application of Annex
III (Part-SFCL) to this Regulation or of Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011;
(12) “Part-SFCL licence” means a flight crew licence which complies with the
requirements of Annex III (Part-SFCL) to this Regulation;
(13) “conversion report” means a report on the basis of which a licence may be
converted into a Part-SFCL licence;’;
(4) after Article 3, the following Articles 3a to 3e are inserted:
‘Article 3a
Pilot licences and medical certification
1. Without prejudice to Article 3d of this Regulation, pilots of aircraft referred to in
Article 1(1) shall comply with the technical requirements and administrative
procedures laid down in Annex III (Part-SFCL) to this Regulation and in
Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011.
EN 3 EN
2. As an exception to the privileges of the holders of licences as defined in Annex III
(Part-SFCL) to this Regulation, holders of such licences may carry out flights
referred to in Article 3(2)(a) to (d) without complying with point SFCL.115(a)(3)
of Annex III (Part-SFCL) to this Regulation.
3. A Member State may authorise student pilots who follow an SPL training course
to exercise limited privileges without supervision before they meet all the
requirements that are necessary for the issue of an SPL in accordance with
Annex III (Part-SFCL) to this Regulation, subject to the following conditions:
(a) the scope of the privileges granted shall be based on a safety risk assessment
carried out by the Member State, taking into account the extent of training
necessary for the intended level of pilot competence to be achieved;
(b) the privileges shall be limited to the following:
(i) the whole or part of the national territory of the authorising Member
State; and
(ii) sailplanes that are registered in the authorising Member State;
(c) the holder of such an authorisation who applies for the issue of a sailplane
pilot licence (SPL) shall receive credits for training conducted under the
authorisation on the basis of a recommendation from an approved training
organisation (ATO) or a declared training organisation (DTO);
(d) the Member State shall submit reports and safety risk assessments to the
European Commission and the European Union Aviation Safety Agency
every 3 years;
(e) the Member State shall monitor the use of authorisations issued under this
paragraph to ensure an acceptable level of aviation safety and take
appropriate action in case of identifying an increased safety risk or any
safety concerns.
Article 3b
Existing pilot licences and national medical certificates
1. Part-FCL licences for sailplanes and associated privileges, ratings and certificates
issued by a Member State before the date of application of this Regulation shall be
deemed to have been issued in accordance with this Regulation. When a Member
State reissues licences for administrative reasons or upon application by licence
holders, the Member State shall replace these licences with licences that comply
with the format laid down in Annex VI (Part-ARA) to Commission Regulation
(EU) No 1178/2011.
2. When a Member State reissues licences and associated privileges, ratings and
certificates in accordance with paragraph 1, the Member State shall, as applicable:
(a) transfer all privileges endorsed so far in Part-FCL licences to the new
licence format;
(b) convert aerobatic ratings issued in accordance with point FCL.800 of
Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 into
advanced aerobatic privileges in accordance with point SFCL.200(c) of
Annex III (Part-SFCL) to this Regulation; and
EN 4 EN
(c) endorse the expiry date of a flight instructor certificate associated with a
Part-FCL licence into the pilot’s logbook or issue an equivalent document.
After that date, those pilots shall exercise instructor privileges only when
they comply with point SFCL.360 of Annex III (Part-SFCL) to this
Regulation.
3. Holders of national licences for sailplanes issued by a Member State before the
date of application of Annex III (Part-SFCL) to this Regulation shall be allowed to
continue to exercise the privileges of their licences until 8 April 2021. By that
date, these licences shall have been converted into Part-SFCL licences and
associated ratings, privileges and certificates in accordance with the elements laid
down in a conversion report that complies with the requirements of Article 4(4)
and (5) of Commission Regulation (EU) No 1178/2011.
4. National pilot medical certificates associated with a licence as specified in
paragraph 2 above and issued by a Member State before the date of application of
Annex III (Part-SFCL) to this Regulation shall remain valid until the date of their
next revalidation or until 8 April 2021, whichever is the earlier. The revalidation
of these medical certificates shall comply with the requirements of Annex IV
(Part-MED) to Commission Regulation (EU) No 1178/2011.
Article 3c
Credit for training that commenced prior to the date of application of this
Regulation
1. In respect of issuing Part-SFCL licences and associated privileges, ratings or
certificates in accordance with Annex III (Part-SFCL) to this Regulation, training
that commenced prior to the date of application of this Regulation in accordance
with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be
deemed to have commenced in accordance with this Regulation.
2. Training that commenced prior to the date of application of this Regulation or of
Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, in
accordance with Annex 1 to the Chicago Convention, shall be given credit for the
purposes of issuing Part-SFCL licences on the basis of a credit report established
by the Member State in consultation with the European Union Aviation Safety
Agency.
3. The credit report shall describe the scope of the training, indicate for which
requirements of Part-SFCL credit is given and, if applicable, which requirements
applicants need to comply with in order to be issued with a
Part-SFCL licence. It shall include copies of all the documents that are necessary
to demonstrate the scope of the training, as well as copies of the national
regulations and procedures in accordance with which the training was
commenced.
EN 5 EN
Article 3d
Conditions for the acceptance of licences issued by third countries
1. Without prejudice to international agreements concluded between the European
Union and a third country in accordance with point (a) of Article 68(1) of
Regulation (EU) 2018/1139 covering sailplane pilot licensing, Member States
may accept third-country sailplane licences and associated ratings, privileges or
certificates, as well as associated medical certificates issued by or on behalf of
third countries, in accordance with the provisions of Annex III to Commission
Regulation (EU) No 1178/2011.
2. Applicants for a Part-SFCL licence who already hold at least an equivalent
licence, rating, privilege or certificate issued in accordance with Annex 1 to the
Chicago Convention by a third country shall comply with all the requirements of
Annex III (Part-SFCL) to this Regulation, except that the course duration, the
number of lessons and the specific training hours may be reduced.
3. The credit given to the applicant shall be determined by the Member State to
which the pilot applies on the basis of a recommendation from an ATO or a DTO
for sailplanes.
Article 3e
Training organisations
1. Training organisations for pilot licences referred to in Article 1(1) shall comply
with the requirements of Article 10a of Commission Regulation (EU)
No 1178/2011.
2. Training organisations referred to in paragraph 1 which hold an approval issued in
accordance with Annex VII (Part-ORA) to Commission Regulation (EU)
No 1178/2011 or have submitted a declaration in accordance with Annex VIII
(Part-DTO) to Commission Regulation (EU) No 1178/2011 before the date of
application of this Regulation shall adapt their training programmes, where
necessary, by 8 April 2021 at the latest.’;
(5) Annex I (Part-DEF) is amended in accordance with Annex I to this Regulation;
(6) Annex III (Part-SFCL) is added as set out in Annex II to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
It shall apply from 8 April 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Commission
The President
[…]
EN 6 EN
Annex IIIb to EASA Opinion No 01/2019
Draft Annex I and II
to draft Commission Implementing Regulation (EU) …/… [reference to amending
regulation] amending draft Commission Regulation (EU) 2018/1976 laying down
detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of
the European Parliament and of the Council
ANNEX I
Annex I ‘Definitions’ (Part-DEF) to Commission Regulation (EU) 2018/1976 is amended as
follows:
(1) The introductory sentence is replaced by the following:
‘For the purpose of this Regulation, the following definitions and, unless terms are
defined otherwise in this Annex, the definitions of Article 2 of Commission Regulation
(EU) No 1178/2011 as well as of point FCL.010 of Annex I (Part-FCL) to that
Regulation, shall apply:’;
(2) point 13 is replaced by the following:
‘13. “night” means the period between the end of evening civil twilight and the
beginning of morning civil twilight. Civil twilight ends in the evening when the
centre of the sun’s disc is 6 degrees below the horizon and begins in the morning
when the centre of the sun’s disc is 6 degrees below the horizon;’;
(3) the following points 14 to 19 are added:
‘14. “skill test” means the demonstration of skill for the purpose of issuing a licence or
rating, or extension of a privilege, including oral examinations as may be required;
15. “assessment of competence” means the demonstration of skill, knowledge and
attitude for the initial issue, revalidation or renewal of an instructor or examiner
certificate;
16. “flight time” means:
(a) for self-launch sailplanes and touring motor gliders, the total time from the
moment an aircraft first moves for the purpose of taking off until the moment
it finally comes to rest at the end of the flight;
(b) for sailplanes, the total time from the moment the sailplane commences the
ground run in the process of taking off until the moment the sailplane finally
comes to a rest at the end of flight;
17. “proficiency check” means the demonstration of skill for the purpose of complying
with the recency requirements as established in this Regulation, and including oral
examinations as may be required;
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18. “solo flight” means a flight during which a student pilot is the sole occupant of an
aircraft;
19. “cross-country flight” means a flight outside the line of sight or distance defined
by the local authority from the field of departure using standard navigation
procedures.’
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Annex IIIb to EASA Opinion No 01/2019
ANNEX II
‘ANNEX III
REQUIREMENTS FOR SAILPLANE FLIGHT CREW LICENSING
[PART-SFCL]
SUBPART GEN
GENERAL REQUIREMENTS
SFCL.001 Scope
This Annex establishes the requirements for the issue of a sailplane pilot licence (SPL) and
associated privileges, ratings and certificates, and the conditions for their validity and use.
SFCL.005 Competent authority
For the purpose of this Annex, the competent authority shall be an authority designated by the
Member State to which a person applies for the issue of an SPL or associated privileges, ratings
or certificates.
SFCL.015 Application for and issue, revalidation and renewal of an SPL as well as
associated privileges, ratings and certificates
(a) The following shall be submitted to the competent authority in a form and manner
established by that competent authority:
(1) an application for:
(i) the issue of an SPL and associated ratings;
(ii) the extension of the privileges of an SPL, except for the privileges specified
in points SFCL.115(a)(2) and (a)(3), SFCL.155, SFCL.200 and SFCL.215;
(iii) the issue of a flight instructor (FI(S)) certificate;
(iv) the issue, revalidation and renewal of a flight examiner (FE(S)) certificate;
(v) any amendments to the SPL and associated privileges, ratings and
certificates, except for the privileges referred to in paragraph (a)(1)(ii); and
(2) if mandated by the competent authority, a copy of the relevant logbook entries as
specified in points SFCL.115(d), SFCL.155(b), SFCL.200(f) and SFCL.215(d).
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Annex IIIb to EASA Opinion No 01/2019
(b) An application as specified in paragraph (a) shall be accompanied by evidence that the
applicant complies with the relevant requirements established in this Annex and in
Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011.
(c) Any limitation or extension of the privileges granted by a licence, rating or certificate
shall be endorsed on the licence or certificate by the competent authority, except for
obtaining the privileges as specified in paragraph (a)(1)(ii).
(d) A person shall not hold at any time more than one SPL issued in accordance with this
Annex.
(e) A licence holder shall submit applications as specified in paragraph (a) to the competent
authority designated by the Member State in which any of his or her licences was issued
in accordance with this Annex (Part-SFCL), Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011 or Annex III (Part-BFCL) to Commission Regulation
(EU) 2018/395, as applicable.
(f) Without prejudice to paragraph (e), an SPL holder may request a change of competent
authority. Such a request shall include a transfer of all licensing and medical records
related to all licences held, as specified in paragraph (e), to the competent authority
designated by another Member State.
(g) An applicant shall apply for the issue of an SPL and associated ratings, privileges or
certificates not later than 6 months after having successfully completed the skill test or
assessment of competence.
SFCL.030 Practical skill test
An applicant for a skill test shall be recommended for the test by the ATO or the DTO that is
responsible for the training, once the training is completed. The training records shall be made
available to the examiner.
SFCL.035 Crediting of flight time
An applicant for an SPL or an associated privilege, rating or certificate shall be credited in full
with all solo, dual instruction or PIC flight time on sailplanes towards the total flight time
required for the licence, privilege, rating or certificate.
SFCL.045 Obligation to carry and present documents
(a) When exercising the privileges of his or her licence, the SPL holder shall carry:
(1) a valid SPL;
(2) a valid medical certificate;
(3) a personal identification document containing his or her photo; and
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(4) sufficient logbook data to demonstrate compliance with the requirements of this
Annex.
(b) A student pilot shall carry on all solo cross-country flights:
(1) the documents as specified in paragraphs (a)(2) and (a)(3); and
(2) evidence of the authorisation required by point SFCL.125(a).
(c) An SPL holder or student pilot shall without undue delay present the documents as
specified in paragraph (a) for inspection upon request by an authorised representative of
the competent authority.
(d) By way of derogation from paragraphs (a) and (b), the documents specified therein may
be retained at the aerodrome or operating site for flights that remain:
(1) within the sight of the aerodrome or operating site; or
(2) within a distance from the aerodrome or operating site determined by the competent
authority.
SFCL.050 Recording of flight time
A sailplane pilot shall keep a reliable record of the details of all flights flown in a form and
manner established by the competent authority.
SFCL.065 Curtailment of privileges of SPL holders aged 70 years or older in
commercial passenger sailplane operations
An SPL holder who has attained the age of 70 years shall not act as pilot of a sailplane that is
engaged in commercial passenger sailplane operations.
SFCL.070 Limitation, suspension and revocation of licences, privileges, ratings and
certificates
(a) An SPL as well as associated privileges, ratings and certificates issued in accordance
with this Annex may be limited, suspended or revoked by the competent authority in
accordance with the conditions and procedures laid down in Annex VI (Part-ARA) to
Commission Regulation (EU) No 1178/2011 when a sailplane pilot does not comply with
the essential requirements set out in Annex IV to Regulation (EU) 2018/1139 or with the
requirements of this Annex as well as of Annex II (Part-SAO) to this Regulation or with
Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011.
(b) When a sailplane pilot has his or her licence, privilege, rating or certificate limited,
suspended or revoked, he or she shall immediately return the licence or certificate to the
competent authority.
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SUBPART SPL
SAILPLANE PILOT LICENCE (SPL)
SFCL.115 SPL — Privileges and conditions
(a) Subject to compliance with point SFCL.150, the privileges of an SPL holder are to act as
PIC in sailplanes:
(1) without remuneration in non-commercial operations;
(2) including the carriage of passengers only when he or she:
(i) complies with point SFCL.160(e); and
(ii) either:
(A) has completed, after the issue of the SPL, at least 10 hours of flight
time or 30 launches or take-offs and landings as PIC on sailplanes and,
additionally, 1 training flight during which holders shall demonstrate
to an FI(S) the competence required for the carriage of passengers; or
(B) holds an FI(S) certificate in accordance with Subpart FI; and
(3) in operations other than those specified in paragraph (a)(1), only when he or she
has:
(i) attained the age of 18 years;
(ii) completed, after the issue of the licence, 75 hours of flight time or
200 launches or take-offs and landings as PIC on sailplanes.
(b) By way of derogation from paragraph (a), the SPL holder who has instructor or examiner
privileges may receive remuneration for:
(1) the provision of flight instruction for the SPL;
(2) the conduct of skill tests and proficiency checks for the SPL; and
(3) the training, testing and checking for the privileges, ratings and certificates attached
to an SPL.
(c) The exercise of the privileges granted by an SPL shall be dependent upon the compliance
of the licence holder with the applicable recency requirements and upon the validity of
the medical certificate appropriate to the privileges exercised.
(d) The completion of the training flight as specified in paragraph (a)(2)(ii)(A) shall be
entered in the logbook of the pilot and signed by the instructor who is responsible for the
training flight.
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SFCL.120 SPL — Minimum age
An applicant for an SPL shall be at least 16 years of age.
SFCL.125 SPL — Student pilot
(a) A student pilot shall not fly solo unless authorised to do so and supervised by a flight
instructor for sailplanes (FI(S)).
(b) Before his or her first solo flight, the student pilot shall be at least 14 years of age.
SFCL.130 SPL — Training course and experience requirements
(a) An applicant for an SPL shall complete a training course at an ATO or a DTO. The course
shall be tailored to the privileges sought and shall include:
(1) theoretical knowledge as specified in point SFCL.135; and
(2) at least 15 hours of flight instruction in sailplanes, including at least:
(i) 10 hours of dual flight instruction which shall include the dual flight
instruction as specified in paragraphs (2)(iv)(A) or (2)(v)(A), as applicable;
(ii) 2 hours of supervised solo flight time;
(iii) 45 launches or take-offs and landings;
(iv) if privileges for sailplanes, excluding TMGs, are sought, at least 7 hours of
flight instruction in sailplanes, excluding TMGs, including at least:
(A) 3 hours of dual flight instruction; and
(B) either:
(a) 1 solo cross-country flight of at least 50 km (27 NM); or
(b) 1 dual cross-country flight of at least 100 km (55 NM) which, by
way of derogation from paragraph (a)(2)(iv), may be completed
in a TMG; and
(v) if privileges for TMGs are sought, at least 6 hours of flight instruction in
TMGs, including at least:
(A) 4 hours of dual flight instruction; and
(B) 1 solo cross-country flight of at least 150 km (80 NM) in a TMG, during
which one full-stop landing at an aerodrome different from the
aerodrome of departure shall be performed.
(b) An applicant who holds a pilot licence for another category of aircraft, with the exception
of balloons, shall be credited with 10 % of his or her total flight time as PIC on such
aircraft up to a maximum of 7 hours. The amount of credit given shall in any case:
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(1) not include the requirements of paragraphs (a)(2)(ii), (a)(2)(iv)(B) and (a)(2)(v)(B);
and
(2) with regard to paragraph (a)(2)(iii), not exceed 10 launches or take-offs and
landings.
SFCL.135 SPL — Theoretical knowledge examination
(a) Theoretical knowledge
An applicant for an SPL shall demonstrate a level of theoretical knowledge that is
appropriate to the privileges sought through examinations on the following:
(1) common subjects:
(i) air law;
(ii) human performance;
(iii) meteorology;
(iv) communications; and
(2) specific subjects concerning sailplanes:
(i) principles of flight;
(ii) operational procedures;
(iii) flight performance and planning;
(iv) aircraft general knowledge related to sailplanes; and
(v) navigation.
(b) Responsibilities of the applicant
(1) The applicant shall take the entire set of theoretical knowledge examinations for
the SPL under the responsibility of the same Member State’s competent authority.
(2) The applicant shall take the theoretical knowledge examination only when
recommended by the ATO or the DTO that is responsible for his or her training,
once he or she has completed the appropriate elements of the training course of
theoretical knowledge instruction to a satisfactory standard.
(3) The recommendation by the ATO or the DTO shall be valid for 12 months. If the
applicant has failed to take at least one theoretical knowledge examination paper
within this validity period, the need for further training shall be determined by the
ATO or the DTO, based on the needs of the applicant.
(c) Pass standards
(1) A pass in a theoretical knowledge examination shall be awarded to the applicant
when achieving at least 75 % of the marks allocated to that paper. No penalty
marking shall be applied.
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(2) Unless otherwise specified in this Annex, an applicant is considered to have
successfully completed the required theoretical knowledge examination for the
SPL when he or she has passed all the required theoretical knowledge examination
papers within a period of 18 months counted from the end of the calendar month
when the applicant first attempted to take the examination.
(3) If an applicant has failed to pass one of the theoretical knowledge examination
papers within four attempts or has failed to pass all papers within the period
mentioned in paragraph (2) above, he or she shall retake the complete set of
theoretical knowledge examination papers.
(4) Before retaking the theoretical knowledge examinations, the applicant shall
undertake further training at an ATO or a DTO. The extent and scope of the training
needed shall be determined by the ATO or the DTO, based on the needs of the
applicant.
(d) Validity period
The successful completion of the theoretical knowledge examinations shall be valid for
a period of 24 months, counted from the day when the applicant successfully completed
the theoretical knowledge examination, in accordance with subparagraph (c)(2).
SFCL.140 SPL — Crediting of theoretical knowledge
An applicant for the issue of an SPL shall be credited towards the theoretical knowledge
requirements for the common subjects as specified in point SFCL.135(a)(1) when he or she:
(a) holds a licence in accordance with Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011 or with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395;
or
(b) has passed the theoretical knowledge examinations for a licence as specified in paragraph
(a), as long as this is done within the validity period specified in point SFCL.135(d).
SFCL.145 SPL — Practical skill test
(a) An applicant for an SPL shall demonstrate through the completion of a skill test the
ability to perform, as PIC on sailplanes, the relevant procedures and manoeuvres with
competency appropriate to the privileges sought.
(b) An applicant shall complete the skill test in a sailplane, excluding TMGs, or a TMG,
depending on the privileges sought and provided that the training course in accordance
with point SFCL.130 included the necessary training elements for the relevant aircraft.
An applicant who has completed a training course, including the necessary training
elements for both sailplanes and TMGs, may complete 2 skill tests, 1 in a sailplane,
excluding TMGs, and 1 in a TMG, in order to obtain privileges for both aircraft.
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(c) Before a skill test for the issue of an SPL is taken, the applicant shall have passed the
required theoretical knowledge examinations.
(d) Pass standards
(1) The skill test shall be divided into different sections, representing all the different
phases of a sailplane flight.
(2) Failure in any item of a section shall cause the applicant to fail the entire section.
If the applicant fails in only one section, he or she shall repeat only that section.
Failure in more than one section shall require the applicant to retake the entire test.
(3) When the test needs to be retaken in accordance with subparagraph (d)(2), failure
in any section, including those sections that have been passed at a previous attempt,
shall require the applicant to retake the entire test.
(e) Failure to achieve a pass in all sections of the test within two attempts shall require the
applicant to receive further practical training.
SFCL.150 SPL — Sailplane and TMG privileges
(a) When the skill test as specified in point SFCL.145 has been completed in a sailplane,
excluding TMGs, the privileges of an SPL shall be limited to sailplanes, excluding
TMGs.
(b) In the case specified in paragraph (a), the privileges of an SPL shall be extended to TMGs
upon application when a pilot has:
(1) completed at an ATO or a DTO the training elements specified in point
SFCL.130(a)(2)(v); and
(2) passed a skill test to demonstrate an adequate level of practical skill in a TMG.
During this skill test, the applicant shall also demonstrate to the examiner an
adequate level of theoretical knowledge for TMGs in the following subjects:
(i) principles of flight;
(ii) operational procedures;
(iii) flight performance and planning;
(iv) aircraft general knowledge; and
(v) navigation.
(c) A holder of a licence issued in accordance with Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011 shall receive full credit towards the requirements in
paragraph (b) provided that he or she:
(1) holds a class rating for TMGs; or
(2) has TMG privileges and complies with the recency requirements in point
FCL.140.A of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011.
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(d) When the skill test as specified in point SFCL.145 has been completed in a TMG, the
privileges of the SPL shall be limited to TMGs.
(e) In the case specified in paragraph (d), the privileges of the SPL shall be extended upon
application to sailplanes when a pilot has:
(1) completed at an ATO or a DTO the training elements specified in point
SFCL.130(a)(2)(iv) and at least 15 launches and landings in a sailplane, excluding
TMGs; and
(2) passed a skill test to demonstrate an adequate level of practical skill in a sailplane,
excluding TMGs. During this skill test, the pilot shall also demonstrate to the
examiner an adequate level of theoretical knowledge for sailplanes, excluding
TMGs, in the following subjects:
(i) principles of flight;
(ii) operational procedures;
(iii) flight performance and planning;
(iv) aircraft general knowledge; and
(v) navigation.
(f) The completion of the training as specified in paragraphs (b)(1) and (e)(1) shall be
entered in the logbook of the pilot and signed by the head of training of the ATO or the
DTO that is responsible for the training.
SFCL.155 SPL — Launching methods
(a) An SPL holder shall exercise his or her privileges only by using those launching methods
for which the following training has been completed, either during the training course in
accordance with point SFCL.130 or point SFCL.150(e)(1), or during additional training
provided by an instructor after the issue of the SPL:
(1) in the case of winch launch and car launch, a minimum of 10 launches in dual flight
instruction, and 5 solo launches under supervision;
(2) in the case of aerotow or self-launch, a minimum of 5 launches in dual flight
instruction, and 5 solo launches under supervision. In the case of self-launch, dual
flight instruction may be conducted in TMGs;
(3) in the case of bungee launch, a minimum of 3 launches performed in dual flight
instruction or solo under supervision; and
(4) in case of further launching methods, training as required by the competent
authority.
(b) The completion of the training as specified in paragraph (a) shall be entered in the
logbook of the pilot and signed by the head of training of the ATO or the DTO or the
instructor that is responsible for the training, as applicable.
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(c) In order to maintain the privileges he or she has for each launching method, in accordance
with the requirements of paragraphs (a) and (b), an SPL holder shall have completed a
minimum of 5 launches during the last 2 years, except for bungee launch, in which case
he or she shall have completed only 2 launches. In the case of self-launch, launches may
be done in self-launch or through take-offs in TMGs or a combination of these.
(d) When an SPL holder does not comply with the requirement in paragraph (c), he or she
shall perform the additional number of launches flying dual or solo under the supervision
of an instructor in order to renew the privileges.
SFCL.160 SPL — Recency requirements
(a) Sailplanes, excluding TMGs
An SPL holder shall only exercise the privileges of his or her licence on sailplanes,
excluding TMGs, when he or she has, in the last 2 years:
(1) completed, on sailplanes, at least 5 hours of flight time as PIC or flying dual or solo
under the supervision of an FI(S), including, on sailplanes, excluding TMGs, at
least:
(i) 15 launches; and
(ii) 2 training flights with an FI(S); or
(2) passed a proficiency check with an FE(S) on a sailplane, excluding TMGs;
the proficiency check shall be based on the skill test for SPL.
(b) TMGs
An SPL holder shall only exercise the privileges of his or her licence in TMGs when he
or she has, in the last 2 years:
(1) completed at least 12 hours of flight time as PIC or flying dual or solo under the
supervision of an instructor on sailplanes, including, on TMGs, at least:
(i) 6 hours flight time;
(ii) 12 take-offs and landings; and
(iii) a training flight of at least 1 hour total flight time with an instructor; or
(2) passed a proficiency check with an examiner; the proficiency check shall be based
on the skill test as specified in point SFCL.150(b)(2).
(c) An SPL holder with privileges to fly on TMGs who also holds a licence including the
privileges to fly on TMGs in accordance with the provisions of Annex I (Part-FCL) to
Commission Regulation (EU) No 1178/2011 shall be exempted from complying with
paragraph (b).
(d) The completion of the dual flights and flights under supervision as specified in
paragraph (a)(1), the training flights as specified in paragraphs (a)(1)(ii) and (b)(1)(iii),
and the proficiency checks as specified in paragraph (a)(2) and (b)(2) shall be entered in
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the logbook of the pilot and signed by, in the case of paragraphs (a)(1), (a)(1) and
(b)(1)(iii), the responsible FI(S) and, in the case of paragraphs (a)(2) and (b)(2), the
responsible FE(S).
(e) Carriage of passengers
An SPL holder shall only carry passengers when he or she has carried out as PIC, in the
preceding 90 days, at least:
(1) 3 launches in sailplanes, excluding TMGs, if passengers are to be carried in
sailplanes, excluding TMGs; or
(2) 3 take-offs and landings in TMGs, if passengers are to be carried in a TMG.
For carrying passengers at night in a TMG, at least 1 of these take-offs and landings
shall be carried out at night.
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SUBPART ADD
ADDITIONAL RATINGS AND PRIVILEGES
SFCL.200 Aerobatic privileges
(a) An SPL holder shall only undertake aerobatic flights in sailplanes with any engine
stopped, or, in the case of paragraph (d) and (e), with engine power, when he or she holds
the appropriate aerobatic privileges in accordance with this point.
(b) Basic aerobatic privileges:
(1) entitle its holder to undertake aerobatic flights limited to the following manoeuvres:
(i) 45-degree climbing and diving lines performed as aerobatic manoeuvres;
(ii) inside loops;
(iii) wingover;
(iv) lazy eight; and
(v) spins; and
(2) are included in the privileges of an SPL after a pilot has completed:
(i) after the issue of the SPL, at least 30 hours of flight time or 120 launches as
PIC on sailplanes;
(ii) a training course at an ATO or a DTO, including:
(A) theoretical knowledge instruction appropriate for the privileges sought;
and
(B) aerobatic flight instruction on the manoeuvres specified in
paragraph (b)(1).
(c) Advanced aerobatic privileges:
(1) entitle its holder to undertake aerobatic flights not limited to manoeuvres as
specified in paragraph (b)(1); and
(2) are included in the privileges of an SPL after a pilot has:
(i) complied with the requirements of paragraph (b)(2)(i); and
(ii) completed a training course at an ATO or a DTO, including:
(A) theoretical knowledge instruction appropriate for the privileges sought;
and
(B) at least 5 hours or 20 flights of aerobatic flight instruction.
(d) The basic or advanced aerobatic privileges shall include aerobatic flights in sailplanes
with engine power, provided that a pilot, during a training course in accordance with
paragraphs (b)(2)(ii) or (c)(2)(ii), as applicable, has received training in aerobatic flight
in sailplanes with engine power.
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(e) The privileges of an SPL shall include advanced aerobatic privileges for TMGs flown
with engine power when a pilot also has or has had an aerobatic rating in accordance with
point FCL.800 of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011,
including privileges for aerobatic flight on TMGs.
(f) The completion of the training course as specified in paragraphs (b)(2)(ii) and (c)(2)(ii)
and, as applicable, the inclusion of training specified in paragraph (d), shall be entered in
the logbook and signed by the head of training of the ATO or the DTO that is responsible
for the training.
SFCL.205 Sailplane towing and banner towing rating
(a) An SPL holder who has privileges to fly TMGs shall only tow sailplanes or banners when
he or she holds the appropriate sailplane towing or banner towing rating in accordance
with this point.
(b) An applicant for a sailplane towing rating shall have completed:
(1) at least 30 hours of flight time as PIC and 60 take-offs and landings in TMGs, after
obtaining TMG privileges; and
(2) a training course at an ATO or a DTO, including:
(i) theoretical knowledge instruction on sailplane towing operations and
procedures;
(ii) at least 10 training flights towing a sailplane, including at least 5 dual training
flights; and
(iii) in the case of an SPL holder with privileges restricted to TMG in accordance
with point SFCL.150(d), 5 familiarisation flights in a sailplane which is
launched by an aircraft.
(c) An applicant for a banner towing rating shall have completed:
(1) at least 100 hours of flight time and 200 take-offs and landings as PIC on TMGs,
after obtaining TMG privileges;
(2) a training course at an ATO or a DTO, including:
(i) theoretical knowledge instruction on banner towing operations and
procedures;
(ii) at least 10 instruction flights towing a banner, including at least 5 dual flights.
(d) An applicant for a sailplane towing rating or a banner towing rating in accordance with
this point who already holds a sailplane towing or banner towing rating, as applicable, in
accordance with point FCL.805(b) of Annex I (Part-FCL) to Commission Regulation
(EU) No 1178/2011 or who has fulfilled all the requirements for the issue of that rating
shall:
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(1) receive full credit towards the requirements in paragraph (b) or (c) for obtaining
the sailplane towing or the banner towing rating, as applicable, when his or her
relevant towing rating as specified in paragraph (d) includes privileges for towing
with TMGs; or
(2) have completed at least 3 dual instruction flights covering the full sailplane towing
or banner towing training syllabus, as applicable, in TMGs.
(e) The completion of the training course as specified in paragraphs (b)(2), (c)(2) and (d)(2)
shall be entered in the logbook and signed by the head of training of the ATO or the DTO
or the instructor who is responsible for the training, as applicable.
(f) In order to exercise the privileges of the sailplane towing or banner towing rating, the
holder of the rating shall have completed a minimum of 5 tows during the last 2 years.
(g) When a holder of the sailplane towing rating does not comply with the requirement in
paragraph (f), before resuming the exercise of his or her privileges, he or she shall
complete the missing tows with or under the supervision of an instructor.
SFCL.210 TMG night rating
(a) An SPL holder with privileges to fly TMGs shall only exercise his or her TMG privileges
in VFR conditions at night when he or she holds a TMG night rating in accordance with
this point.
(b) An applicant for a TMG night rating shall have completed a training course at an ATO
or a DTO. The course shall comprise:
(1) theoretical knowledge instruction in flying in visual flight rules (VFR) conditions
at night; and
(2) at least 5 hours of flight time in TMGs at night, including at least 3 hours of dual
instruction, including at least:
(i) 1 hour of cross-country navigation with at least 1 dual cross-country flight of
at least 50 km (27 NM);
(ii) 5 solo take-offs; and
(iii) 5 solo full-stop landings.
(c) Before completing the training at night, an SPL holder shall have completed the basic
instrument flight training necessary for the issue of a private pilot licence (PPL) in
accordance with the provisions of Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011.
(d) An applicant for a TMG night rating in accordance with this point shall receive full credit
towards the requirements of paragraphs (b) and (c) when he or she holds a night rating in
accordance with point FCL.810 of Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011 or when he or she has fulfilled all the requirements for the issue of that
rating.
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SFCL.215 Sailplane cloud flying privileges
(a) An SPL holder shall only operate a sailplane within cloud when:
(1) any engine is stopped; and
(2) he or she has sailplane cloud flying privileges in accordance with this point.
(b) The privileges of an SPL shall include sailplane cloud flying privileges after a pilot has
completed at least:
(1) 30 hours as PIC in sailplanes after the issue of the licence; and
(2) a training course at an ATO or a DTO, including:
(i) theoretical knowledge instruction; and
(ii) at least 2 hours of dual flight instruction in sailplanes with any engine
stopped, controlling the aircraft solely by reference to instruments. However,
a maximum of 50 % of the dual flight instruction may be completed in TMGs
flown with engine power, provided that these training flights are conducted
in VMC.
(c) In order to obtain sailplane cloud flying privileges, an SPL holder who also holds a basic
instrument rating (BIR) or an IR(A) in accordance with Annex I (Part-FCL) to
Commission Regulation (EU) No 1178/2011 or who has fulfilled all the requirements for
the issue of one of these ratings, shall:
(1) be credited against the requirement of paragraph (b)(2)(i); and
(2) by way of derogation from paragraph (b)(2)(ii), complete at least 1 hour of dual
flight instruction in a sailplane, controlling it solely by reference to instruments.
(d) The completion of the training course as specified in paragraphs (b)(2) or (c)(2), as
applicable, shall be entered in the logbook and signed by the head of training of the ATO
or the DTO that is responsible for the training.
(e) An SPL holder shall only exercise his or her sailplane cloud flying privileges when he or
she has completed in the last 2 years at least 1 hour of flight time, or 5 flights, as PIC
exercising cloud flying privileges in sailplanes.
(f) An SPL holder with sailplane cloud flying privileges who does not comply with the
requirements in paragraph (e) shall, before he or she resumes the exercise of his or her
privileges:
(1) pass a proficiency check with an FE(S); or
(2) perform the additional flight time or flights required in paragraph (e) with an FI(S).
(g) An SPL holder with sailplane cloud flying privileges who also holds a BIR or an IR(A)
in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011
shall be credited in full against the requirements of paragraph (e).
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SUBPART FI
FLIGHT INSTRUCTORS
Section 1
General requirements
SFCL.300 Flight instructor certificate
(a) General
An instructor shall only carry out flight instruction in a sailplane when he or she:
(1) holds:
(i) an SPL including the privileges, ratings and certificates for which flight
instruction is to be provided; and
(ii) a sailplane flight instructor (FI(S)) certificate appropriate to the instruction
carried out, and issued in accordance with this Subpart; and
(2) is entitled to act as PIC in the sailplane during flight instruction.
(b) Instruction provided outside the territory of the Member States
(1) By way of derogation from paragraph (a)(1), in the case of flight instruction
provided during a training course approved in accordance with this Annex (Part-
SFCL) outside the territory for which Member States are responsible under the
Chicago Convention, the competent authority shall issue a flight instructor
certificate to an applicant who holds a sailplane pilot licence that is compliant with
Annex 1 to the Chicago Convention, provided that the applicant:
(i) holds at least a licence including, where relevant, privileges, ratings or
certificates equivalent to those for which he or she is authorised to instruct;
(i) complies with the requirements established in this Subpart for the issue of
the FI(S) certificate with the relevant instructional privileges; and
(iii) demonstrates to the competent authority an adequate level of knowledge of
European aviation safety rules to be able to exercise his or her instructional
privileges in accordance with this Annex.
(2) The certificate shall be limited to the provision of flight instruction:
(i) outside the territory for which Member States are responsible under the
Chicago Convention; and
(ii) to a student pilot who has sufficient knowledge of the language in which
flight instruction is provided.
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Section 2
Flight instructor certificate for sailplanes — FI(S)
SFCL.315 FI(S) certificate — Privileges and conditions
(a) Subject to compliance of the applicant with point SFCL.320 and with the following
conditions, an FI(S) certificate shall be issued upon application with privileges to conduct
flight instruction for:
(1) an SPL;
(2) additional sailplane privileges in accordance with point SFCL.150(e);
(3) launching methods in accordance with point SFCL.155, provided that the applicant
has completed as PIC:
(i) in the case of aerotow launch, at least 30 launches; or
(ii) in the case of winch launch, at least 50 launches;
(4) additional TMG privileges in accordance with point SFCL.150(b), provided that
the applicant has:
(i) completed 30 hours of flight time as PIC on TMGs;
(ii) completed the training as specified in point SFCL.330(b)(2); and
(iii) demonstrated the ability to instruct on TMGs to an FI(S) who is qualified in
accordance with subparagraph (a)(7) and nominated by the head of training
of the ATO or the DTO;
(5) basic aerobatic, advanced aerobatic or sailplane cloud flying privileges or the
sailplane towing or the banner towing rating, provided that the applicant:
(i) in the case of instruction for basic aerobatic or advanced aerobatic privileges,
holds advanced aerobatic privileges in accordance with point SFCL.200(c);
and
(ii) has demonstrated the ability to instruct for the relevant privileges or rating to
an FI(S) who is qualified in accordance with subparagraph (a)(7) and
nominated by the head of training of an ATO or a DTO;
(6) TMG flight at night, provided that the applicant:
(i) complies with the night experience requirement in point SFCL.160(e)(2); and
(ii) has demonstrated the ability to instruct on TMGs at night to an FI(S) who is
qualified in accordance with subparagraph (a)(7) and nominated by the head
of training of an ATO or a DTO;
(7) an FI(S) certificate, provided that the applicant has:
(i) completed 50 hours or 150 launches of flight instruction in sailplanes; and
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(ii) in accordance with the procedures established for that purpose by the
competent authority, demonstrated the ability to instruct for the FI(S)
certificate to an FI(S) who is qualified in accordance with this paragraph and
nominated by the head of training of an ATO or a DTO.
(b) The privileges listed in paragraph (a) shall include the privileges to conduct flight
instruction for:
(1) the issue of the relevant licence, privileges, ratings or certificate; and
(2) the revalidation, renewal or compliance with the relevant recency requirements of
this Annex, as applicable.
SFCL.320 FI(S) certificate — Prerequisites and requirements
An applicant for an FI(S) certificate shall:
(a) be at least 18 years of age;
(b) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point SFCL.300;
(c) have completed 100 hours of flight time and 200 launches as PIC on sailplanes;
(d) have completed an instructor training course in accordance with point SFCL.330 at an
ATO or a DTO; and
(e) have passed an assessment of competence in accordance with point SFCL.345.
SFCL.325 FI(S) competencies and assessment
An applicant for an FI(S) certificate shall be trained to achieve the following competencies:
(a) prepare resources;
(b) create a climate conducive to learning;
(c) present knowledge;
(d) integrate threat and error management (TEM) and crew resource management (CRM);
(e) manage time to achieve training objectives;
(f) facilitate learning;
(g) assess trainee performance;
(h) monitor and review progress;
(i) evaluate training sessions; and
(j) report outcome.
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SFCL.330 FI(S) — Training course
(a) An applicant for an FI(S) certificate shall have passed a specific pre-entry assessment at
an ATO or a DTO within the 12 months preceding the start of the course, to assess his or
her ability to undertake the course.
(b) The FI(S) training course shall include:
(1) on sailplanes, excluding TMGs:
(i) the elements specified in point SFCL.325;
(ii) 25 hours of teaching and learning;
(iii) 30 hours of theoretical knowledge instruction, including progress tests;
(iv) at least 6 hours, of which a maximum of 3 hours may be completed in TMGs,
or 20 launches of flight instruction; and
(2) additionally, when the privileges of the FI(S) certificate will include the privileges
as specified in point SFCL.315(a)(4) and (a)(6), at least 6 hours of dual flight
instruction on TMGs.
(c) An applicant who already holds an instructor certificate in accordance with Annex III
(Part-BFCL) to Commission Regulation (EU) 2018/395 or with Annex I (Part-FCL) to
Commission Regulation (EU) No 1178/2011 shall receive full credit for the requirement
in paragraph (b)(1)(ii).
(d) When applying for an FI(S) certificate, a pilot who holds or has held an FI(A), (H) or
(As) shall be credited with 18 hours towards the requirements in paragraph (b)(1)(iii).
SFCL.345 FI(S) — Assessment of competence
(a) An applicant for the issue of an FI(S) certificate shall pass an assessment of competence
to demonstrate to an examiner who is qualified in accordance with point SFCL.415(c)
the ability to instruct a student pilot to the level required for the issue of an SPL.
(b) The assessment shall include:
(1) the demonstration of the competencies described in point SFCL.325, during pre-
flight, post-flight and theoretical knowledge instruction;
(2) oral theoretical examinations on the ground, pre-flight and post-flight briefings,
and in-flight demonstrations in sailplanes;
(3) exercises adequate to evaluate the instructor’s competencies.
(c) The assessment of competence for the initial issue of an FI(S) certificate shall be
conducted in sailplanes, excluding TMGs.
SFCL.350 FI(S) — Restricted privileges
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(a) An FI(S) shall have his or her privileges limited to conducting flight instruction under
the supervision of an unrestricted FI(S) nominated by the ATO or the DTO for this
purpose, in the following cases:
(1) for the issue of an SPL;
(2) for extending the privileges of an SPL to additional sailplane or TMG privileges in
accordance with point SFCL.150;
(3) for extending the privileges of an SPL to additional launching methods in
accordance with point SFCL.155; and
(4) for basic aerobatic, advanced aerobatic or sailplane cloud flying privileges or for
the sailplane towing or banner towing rating.
(b) Whilst conducting training under supervision, in accordance with paragraph (a), the FI(S)
shall not have the privilege to authorise a student pilot to conduct his or her first solo
flight or first solo cross-country flight.
(c) The limitations in (a) and (b) shall be removed from the FI(S) certificate when the FI(S)
has completed at least 15 hours or 50 launches of flight instruction covering all phases
of a sailplane flight. In the case of a restricted FI(S) who complied with point
SFCL.330(b)(2), 5 out of these 15 hours may be completed in TMGs, and 15 out of these
50 launches may be replaced by take-offs and landings in TMGs.
SFCL.360 FI(S) certificate — Recency requirements
(a) An FI(S) certificate holder shall only exercise the privileges of his or her certificate when
he or she has:
(1) within the last 3 years, completed:
(i) instructor refresher training at an ATO, a DTO, or a competent authority
during which the holder shall receive theoretical knowledge instruction for
refreshing and updating the knowledge relevant for sailplane instructors; and
(ii) when providing flight instruction as FI(S), at least:
(A) 30 hours; or
(B) 60 launches or take-offs and landings; and
(2) within the last 9 years and in accordance with the procedures established for that
purpose by the competent authority, demonstrated the ability to instruct on
sailplanes to an FI(S) who is qualified in accordance with point SFCL.315(a)(7)
and nominated by the head of training of an ATO or a DTO.
(b) The hours flown as an FE(S) during skill tests, proficiency checks and assessments of
competence shall be credited in full towards the requirement in paragraph (a)(1)(ii).
(c) When the FI(S) certificate holder has failed to complete the instruction flight under
supervision to the satisfaction of the FI(S) in accordance with paragraph (a)(2), he or she
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shall not exercise the privileges of the FI(S) certificate until he or she has successfully
completed an assessment of competence in accordance with point SFCL.345.
(d) An FI(S) certificate holder who does not comply with the requirements in paragraph (a)
shall comply with the requirements of paragraph (a)(1)(i) and of point SFCL.345 before
he or she can resume the exercise of the privileges of the FI(S) certificate.,
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SUBPART FE
FLIGHT EXAMINERS
Section 1
General requirements
SFCL.400 Sailplane flight examiner certificates
(a) General
An examiner shall only carry out skill tests, proficiency checks or assessments of
competence in accordance with this Annex when he or she:
(1) holds:
(i) an SPL including privileges, ratings and certificates for which he or she is
authorised to conduct skill tests, proficiency checks or assessments of
competence, and the privileges to instruct for them;
(ii) an FE(S) certificate including privileges appropriate to the skill test,
proficiency check or assessment of competence conducted, issued in
accordance with this Subpart; and
(2) is entitled to act as PIC in a sailplane during the skill test, proficiency check or
assessment of competence.
(b) Examinations conducted outside the territory of the Member States
(1) By way of derogation from paragraph (a)(1), in the case of skills tests and
proficiency checks performed outside the territory for which Member States are
responsible under the Chicago Convention, a competent authority shall issue an
examiner certificate to an applicant who holds a sailplane pilot licence that is
compliant with Annex 1 to the Chicago Convention, provided that the applicant:
(i) holds at least a licence including, where relevant, privileges, ratings or
certificates equivalent to those for which he or she is authorised to conduct
skill tests or proficiency checks;
(ii) complies with the requirements established in this Subpart for the issue of
the relevant examiner certificate; and
(iii) demonstrates to the competent authority an adequate level of knowledge of
European aviation safety rules to be able to exercise the examiner privileges
in accordance with this Annex.
(2) The certificate referred to in subparagraph (1) shall be limited to performing skill
tests and proficiency checks:
(i) outside the territory for which Member States are responsible under the
Chicago Convention; and
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Annex IIIb to EASA Opinion No 01/2019
(ii) to a pilot who has sufficient knowledge of the language in which the
test/check is provided.
SFCL.405 Limitation of privileges in case of vested interests
A sailplane examiner shall not conduct:
(a) a skill test or assessment of competence of an applicant for the issue of a licence, rating
or certificate to whom he or she has provided more than 50 % of the required flight
instruction for the licence, rating or certificate for which the skill test or assessment of
competence is taken; or
(b) a skill test, proficiency check or assessment of competence whenever he or she feels that
his or her objectivity may be affected.
SFCL.410 Conduct of skill tests, proficiency checks and assessments of competence
(a) When conducting skill tests, proficiency checks and assessments of competence, a
sailplane examiner shall do all of the following:
(1) ensure that communication with the applicant can be established without language
barriers;
(2) verify that the applicant complies with all the qualification, training and experience
requirements of this Annex for the issue, revalidation or renewal of the licence,
privileges, rating or certificate for which the skill test, proficiency check or
assessment of competence is taken; and
(3) make the applicant aware of the consequences of providing incomplete, inaccurate
or false information related to his or her training and flight experience.
(b) After completion of the skill test, proficiency check or assessment of competence, the
sailplane examiner shall:
(1) inform the applicant of the results of the skill test, proficiency check or assessment
of competence;
(2) in the event of a pass in an assessment of competence for the revalidation or
renewal, endorse the new expiry date on the applicant’s licence or certificate, if
specifically authorised for that purpose by the competent authority that is
responsible for the applicant’s licence;
(3) provide the applicant with a signed report of the skill test, proficiency check or
assessment of competence and submit without undue delay copies of the report to
the competent authority that is responsible for the applicant’s licence, and to the
competent authority that issued the examiner certificate. The report shall include:
(i) a declaration that the sailplane examiner has received information from the
applicant regarding his or her experience and instruction, and found that
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Annex IIIb to EASA Opinion No 01/2019
experience and instruction comply with the applicable requirements of this
Annex;
(ii) confirmation that all the required manoeuvres and exercises have been
completed, as well as information on the verbal theoretical knowledge
examination, when applicable. If an item has been failed, the examiner shall
record the reasons for this assessment;
(iii) the result of the skill test, proficiency check or assessment of competence;
(iv) a declaration that the sailplane examiner has reviewed and applied the
national procedures and requirements of the applicant’s competent authority
if the competent authority that is responsible for the applicant’s licence is not
the one that issued the examiner’s certificate;
(v) a copy of the sailplane examiner certificate containing the scope of his or her
privileges as sailplane examiner in the case of skill tests, proficiency checks
or assessments of competence of an applicant whose competent authority is
not the one that issued the examiner’s certificate.
(c) The sailplane examiner shall maintain the records for 5 years with details of all skill tests,
proficiency checks and assessments of competence performed and their results.
(d) Upon request by the competent authority that is responsible for the sailplane examiner
certificate, or the competent authority that is responsible for the applicant’s licence, the
sailplane examiner shall submit all records and reports, and any other information, as
required, for oversight activities.
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Annex IIIb to EASA Opinion No 01/2019
Section 2
Flight examiner certificate for sailplanes — FE(S)
SFCL.415 FE(S) certificate — Privileges and conditions
Subject to compliance of the applicant with point SFCL.420 and with the following conditions,
an FE(S) certificate shall be issued upon application with privileges to conduct:
(a) skill tests and proficiency checks for the SPL, provided that the applicant has completed,
on sailplanes, excluding TMGs, 300 hours of flight time as a pilot, including 150 hours
or 300 launches of flight instruction;
(b) skill tests for the extension of the SPL privileges to TMG in accordance with point
SFCL.150(e), provided that the applicant has completed 300 hours of flight time on
sailplanes, including 50 hours of flight instruction in TMGs;
(c) assessments of competence for the issue of FI(S) certificates on sailplanes, provided that
the applicant has:
(1) completed at least 500 hours of flight time as pilot on sailplanes, including:
(i) if the privileges of the FE(S) certificate will be exercised in sailplanes,
excluding TMGs, at least 10 hours or 30 launches instructing the applicant
for an FI(S) certificate in sailplanes, excluding TMGs; and
(ii) if the privileges of the FE(S) certificate will be exercised in TMGs, at least
10 hours or 30 take-offs and landings instructing the applicant for an FI(S)
certificate in TMGs; and
(2) received specific training during an examiner standardisation course in accordance
with point SFCL.430.
SFCL.420 FE(S) certificate — Prerequisites and requirements
An applicant for an FE(S) certificate shall:
(a) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point SFCL.400;
(b) have completed the FE(S) standardisation course in accordance with point SFCL.430;
(c) have completed an assessment of competence in accordance with point SFCL.445;
(d) demonstrate relevant background related to the privileges of the FE(S) certificate; and
(e) demonstrate that he or she has not been subject to any sanctions, including the
suspension, limitation or revocation of any of his or her licences, ratings or certificates
issued in accordance with this Annex, with Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011, or with Annex III (Part-BFCL) to Commission
Regulation 2018/395, for non-compliance with Regulation (EU) 2018/1139 and its
delegated and implementing acts during the last 3 years.
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Annex IIIb to EASA Opinion No 01/2019
SFCL.430 FE(S) certificate — Standardisation course
(a) An applicant for an FE(S) certificate shall take a standardisation course which is provided
either by the competent authority or by an ATO or a DTO and approved by that
competent authority.
(b) The standardisation course shall be tailored to the sailplane flight examiner privileges
sought and shall consist of theoretical and practical instruction, including, at least:
(1) the conduct of 2 skill tests, proficiency checks or assessments of competence for
the SPL or associated ratings or certificates;
(2) instruction on the applicable requirements of this Annex and the applicable air
operations requirements, the conduct of skill tests, proficiency checks and
assessments of competence, and their documentation and reporting;
(3) a briefing on the following:
(i) national administrative procedures;
(ii) requirements for the protection of personal data;
(iii) examiner’s liability;
(iv) examiner’s accident insurance;
(v) national fees; and
(vi) information on how to access the information contained in points (i) to (v)
when conducting skill tests, proficiency checks or assessments of
competence of an applicant whose competent authority is not the one that
issued the examiner certificate.
(c) An FE(S) certificate holder shall not conduct skill tests, proficiency checks or
assessments of competence of an applicant whose competent authority is not the one that
issued the examiner certificate, unless he or she has reviewed the latest available
information containing the relevant national procedures of the applicant’s competent
authority.
SFCL.445 FE(S) certificate — Assessment of competence
An applicant for the initial issue of an FE(S) certificate shall demonstrate his or her competence
to an inspector from the competent authority or to a senior examiner specifically authorised to
do so by the competent authority that is responsible for the FE(S) certificate. During the
assessment of competence, the applicant shall conduct a skill test, proficiency check or
assessment of competence, including briefing, conduct of the skill test, proficiency check or
assessment of competence, and assessment of the person to whom the test, check or assessment
is given, debriefing and recording documentation.
SFCL.460 FE(S) certificate — Validity, revalidation and renewal
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Annex IIIb to EASA Opinion No 01/2019
(a) An FE(S) certificate shall be valid for 5 years.
(b) An FE(S) certificate shall be revalidated when its holder has:
(1) during the validity period of the FE(S) certificate, completed an examiner refresher
course which is provided either by the competent authority or by an ATO or a DTO
and approved by that competent authority, during which the holder shall receive
theoretical knowledge instruction for refreshing and updating the knowledge
relevant for sailplane examiners; and
(2) within the last 24 months preceding the end of the validity period of the certificate,
demonstrated the ability to conduct skill tests, proficiency checks or assessments
of competence to an inspector from the competent authority or an examiner
specifically authorised to do so by the competent authority that is responsible for
the FE(S) certificate.
(c) An FE(S) certificate holder who also holds one or more examiner certificates for other
aircraft categories in accordance with Annex I (Part-FCL) to Commission Regulation
(EU) No 1178/2011 or with Annex III (Part-BFCL) to Commission Regulation (EU)
2018/395 may achieve combined revalidation of all examiner certificates held, in
agreement with the competent authority.
(d) If an FE(S) certificate has expired, its holder shall comply with the requirements of
paragraph (b)(1) and of point SFCL.445 before he or she can resume the exercise of the
privileges of the FE(S) certificate.
(e) An FE(S) certificate shall only be revalidated or renewed if the applicant demonstrates
continued compliance with the requirements of point SFCL.410 as well as with the
requirements of point SFCL.420(d) and (e).
Page 29 of 29
European Union Aviation Safety Agency
Opinion No 01/2019 (B)
Revision of the balloon licensing requirements
RMT.0654
Revision of the sailplane licensing requirements
RMT.0701
EXECUTIVE SUMMARY
This Opinion delivers the results of three rulemaking tasks (RMTs): RMT.0677 ‘Easier access for general aviation pilots to
instrument flight rules (IFR) flying’, and the combined RMT.0654 ‘Revision of the balloon licensing
requirements’/RMT.0701 ‘Revision of the sailplane licensing requirements’. The detailed structure of this Opinion and the
reason for combining these RMTs into one opinion are given in Section 1.1.
The objective of this Opinion regarding RMT.0654/RMT.0701 is to establish a simpler, lighter and better regulatory
framework for flight crew licensing (FCL) related to balloons and sailplanes.
For this purpose, Part (B) of Opinion No 01/2019 proposes to extract all balloon and sailplane FCL provisions of Annex I
(Part-FCL) to Regulation (EU) No 1178/2011 and to revise and reintroduce them as new Annex III ‘Part-BFCL — Balloon
flight crew licensing’ into Regulation (EU) 2018/395 and as Annex III ‘Part-SFCL — Sailplane flight crew licensing’ into
Regulation (EU) 2018/1976, in order to complete the ‘balloon and sailplane rulebooks’.
At the same time, the requirements in other annexes to Regulation (EU) No 1178/2011 on the acceptance of third-country
licences (Annex III), medical requirements for pilots (Annex IV ‘Part-MED’), authority requirements (Annex VI ‘Part-ARA’)
and requirements for training organisations (Annex VII ‘Part-ORA’; Annex VIII ‘Part-DTO’) should remain applicable and be
revised, as necessary, in order to reflect the migration of the balloon and sailplane FCL requirements from Part-FCL to the
new Part-BFCL and Part-SFCL.
The proposed Part-BFCL and Part-SFCL contain numerous alleviations and simplifications, compared to the current balloon
and sailplane FCL provisions in Part-FCL. Enhanced flexibility and a more performance-based approach in several areas
avoid overregulation while still keeping a regulatory level that is needed in order not to compromise safety.
The proposed amendments are expected to maintain safety while reducing the regulatory burden for both pilots and
training organisations of balloons and sailplanes as well as competent authorities.
Action area: General aviation
Affected rules: Regulation (EU) No 1178/2011; Regulation (EU) 2018/395; Regulation (EU) 2018/1976
Affected stakeholders: Balloon and sailplane operators, pilots, instructors and examiners; training organisations; competent
authorities
Driver: Efficiency/proportionality Rulemaking group: No (external expert group)
Impact assessment: Light Rulemaking Procedure: Article 16: Accelerated procedure
RMT.0654: 16.9.2016 21.6.2018
18.2.2019 2019/Q4 2019/Q4
RMT.0701: 15.12.2016 26.6.2018
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Table of contents
Table of contents
1. About this Opinion............................................................................................................................... 4
1.1. How this Opinion was developed ........................................................................................................4
1.2. The next steps......................................................................................................................................5
2. In summary — why and what ............................................................................................................... 6
2.1. Why we need to change the rules — issue/rationale .........................................................................6
2.2. What we want to achieve — objectives ..............................................................................................7
2.3. How we want to achieve it — overview of the proposals ...................................................................7
2.3.1. General ............................................................................................................................................7
2.3.2. Major amendments and achievements (Part-BFCL and Part-SFCL).................................................8
2.3.2.1. Deletion of the LAPL for balloons and sailplanes ........................................................................8
2.3.2.2. Revalidation requirements for the FI certificate .........................................................................9
2.3.2.3. Revalidation requirements for the FE certificate ........................................................................9
2.3.2.4. Merging of FE and FIE certificate ...............................................................................................10
2.3.2.5. Vested interests .........................................................................................................................10
2.3.3. Further major changes and achievements (Part-BFCL) .................................................................10
2.3.3.1. Recency requirements ...............................................................................................................10
2.3.3.2. Commercial operation rating ....................................................................................................11
2.3.3.3. Changes to the requirements for the FI(B) ................................................................................11
2.3.4. Further major changes and achievements (Part-SFCL)..................................................................12
2.3.4.1. Endorsements for aerobatic flight and sailplane cloud flying privileges as well as for
additional launching methods ...................................................................................................12
2.3.4.2. Privileges for commercial operation and carriage of passengers .............................................12
2.3.4.3. Sailplane and TMG privileges ....................................................................................................13
2.3.4.4. Cross-crediting between Part-FCL and Part-SFCL ......................................................................13
2.3.4.5. Aerobatic privileges for sailplanes pilots ...................................................................................14
2.3.5. The structure and content of the new regulatory framework (articles) ........................................14
2.3.6. Changes to Annexes I (Part-DEF) of the Balloon Regulation and the Sailplane Regulation ..........17
2.3.7. Amendments to Annex I (Part-BOP) to Regulation (EU) 2018/395 ...............................................17
2.3.8. The structure and content of the new regulatory framework (Part-BFCL and Part-SFCL) ............17
2.3.9. Amendments to Regulation (EU) No 1178/2011 ...........................................................................20
2.3.9.1. General ......................................................................................................................................20
2.3.9.2. Act ..............................................................................................................................................20
2.3.9.3. Annex I (Part-FCL) ......................................................................................................................21
2.3.9.4. Annex III .....................................................................................................................................22
2.3.9.5. Annex IV (Part-MED) ..................................................................................................................22
2.3.9.6. Annex VI (Part-ARA) ...................................................................................................................22
2.3.9.7. Annex VII (Part-ORA) .................................................................................................................23
2.3.9.8. Annex VIII (Part-DTO) ................................................................................................................23
2.4. What are the stakeholders’ views — outcome of the consultation..................................................23
2.4.1. General ..........................................................................................................................................23
2.4.2. Comments and conclusions related to both balloons and sailplanes ............................................23
2.4.2.1. LAPL medical certificate for instructors and examiners ............................................................23
2.4.2.2. Validity and revalidation of the FI and FE certificates ...............................................................24
2.4.2.3. Crediting of theoretical knowledge ...........................................................................................25
2.4.2.4. Modular national training routes ..............................................................................................25
2.4.2.5. Instruction outside the Member States ....................................................................................25
2.4.2.6. Vested interests .........................................................................................................................26
2.4.2.7. Revalidation requirements for examiners .................................................................................26
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Table of contents
2.4.3. Comments and conclusions related to balloons ............................................................................26
2.4.3.1. Age limitation for commercial passenger ballooning (CPB) ......................................................26
2.4.3.2. Recency requirements for commercial privileges .....................................................................27
2.4.3.3. Duration of the FI training course and deletion of the ‘FI restricted’ concept .........................27
2.4.3.4. Experience of examiners for the commercial operation rating ................................................28
2.4.4. Comments and conclusions related to sailplanes ..........................................................................28
2.4.4.1. Transitional period from national regulations to Part-SFCL ......................................................28
2.4.4.2. Revised definition of a TMG ......................................................................................................28
2.4.4.3. Logbook endorsements for additional privileges ......................................................................29
2.4.4.4. Minimum training route for TMG privileges .............................................................................29
2.4.4.5. Launching methods used during SPL training............................................................................30
2.4.4.6. Additional launch method: ‘gravity launch’ ..............................................................................31
2.4.4.7. Scope of basic aerobatic privileges............................................................................................31
2.4.4.8. Banner towing rating .................................................................................................................31
2.4.4.9. Cloud flying training under engine power .................................................................................32
2.5. What are the expected benefits and drawbacks of the proposals ...................................................32
2.5.1. General ..........................................................................................................................................32
2.5.2. Overview of the different options ..................................................................................................32
2.5.3. Analysis of the impacts of different options ..................................................................................34
2.5.4. Conclusion ......................................................................................................................................35
2.6. How we monitor and evaluate the rules ...........................................................................................36
3. References ........................................................................................................................................ 37
3.1. Affected regulations ..........................................................................................................................37
3.2. Related decisions ...............................................................................................................................37
3.3. Other reference documents ..............................................................................................................37
4. Appendices........................................................................................................................................ 39
4.1. Appendix 1: Content of Part-BFCL and comparison with Part-FCL....................................................39
4.2. Appendix 2: Content of Part-SFCL and comparison with Part-FCL ....................................................49
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1. About this Opinion
1. About this Opinion
1.1. How this Opinion was developed
The European Union Aviation Safety Agency (EASA) developed this Opinion in line with Regulation (EU)
2018/11391 (‘Basic Regulation’) and the Rulemaking Procedure2. It contains the results of three
rulemaking tasks (RMTs) related to general aviation (GA) issues which all affect Regulation (EU)
No 1178/20113. For this reason, EASA decided to combine the draft amendments to Regulation (EU)
No 1178/2011 that result from all three RMTs into one consolidated document while separate
explanatory notes elaborate on the background and detailed explanations for the different RMTs.
The structure of this Opinion, including its annexes, is the following:
— Opinion No 01/2019:
Opinion No 01/2019 (A) (Part A): Explanatory Note related to RMT.0677 (Easier access for
general aviation pilots to instrument flight rules flying)
Opinion No 01/2019 (B) (Part B): Explanatory Note related to RMT.0654/RMT.0701
(Revision of the balloon and sailplane licensing requirements)
— Annex Ia to Opinion 01/2019: Amendments to Regulation (EU) No 1178/2011 — Cover Regulation
— Annex Ib to Opinion 01/2019: Amendments to Regulation (EU) No 1178/2011 — Annexes
— Annex IIa to Opinion 01/2019: Amendments to Regulation (EU) 2018/395 — Cover Regulation
— Annex IIb to Opinion 01/2019: Amendments to Regulation (EU) 2018/395 — Annexes
— Annex IIIa to Opinion 01/2019: Amendments to Regulation (EU) 2018/1976 — Cover Regulation
— Annex IIIb to Opinion 01/2019: Amendments to Regulation (EU) 2018/1976 — Annexes
For the purpose of this document, references to ‘this Opinion’ or ‘this rulemaking activity’ shall be
understood as referring to the scope of Opinion No 01/2019 (B). The related rulemaking activity is
included in the EASA 5-year Rulemaking Programme4 under RMT.0654 (for the review of the balloon
licensing requirements) and RMT.0701 (for the review of the sailplane licensing requirements). The
scope and timescales of the task were defined in the related ToRs5.
The draft text of this Opinion has been developed by the expert groups of RMT.0654 and RMT.0701
(hereinafter: RMT.0654 expert group and RMT.0701 expert group) followed by a review and revision by
1 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 3922/91 (OJ L 212, 22.8.2018, p. 1) (https://eur-
lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018R1139&qid=1538580231987&from=DE).
2 EASA is bound to follow a structured rulemaking process as required by Article 115(1) of Regulation (EU) 2018/1139. Such a process has been adopted
by the EASA Management Board (MB) and is referred to as the ‘Rulemaking Procedure’. See MB Decision No 18-2015 of 15 December 2015 replacing
Decision 01/2012 concerning the procedure to be applied by EASA for the issuing of opinions, certification specifications and guidance material
(http://www.easa.europa.eu/the-agency/management-board/decisions/easa-mb-decision-18-2015-rulemaking-procedure).
3
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) (https://eur-
lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R1178&qid=1547642686121&from=EN).
4 http://easa.europa.eu/rulemaking/annual-programme-and-planning.php
5 RMT.0654: https://www.easa.europa.eu/sites/default/files/dfu/ToR-RMT.0654.pdf;
RMT.0701: https://www.easa.europa.eu/sites/default/files/dfu/ToR%20RMT.0701%20Issue%201.pdf
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European Union Aviation Safety Agency Opinion No 01/2019 (B)
1. About this Opinion
EASA. All interested parties were consulted through focused consultation workshops held on
21 June 2018 (RMT.0654) and on 26 June 2018 (RMT.0701) (one-day public workshops) at EASA.
Additionally, a written consultation with the relevant EASA advisory bodies6 was conducted from
16 October to 13 November 2018.
The final text of this Opinion and the draft regulations have been developed by EASA, taking into
consideration the input from the RMT.0654 and RMT.0701 expert groups and the outcome of both the
focused consultation workshops as well as the written consultation with the EASA advisory bodies. The
draft rule text proposed by EASA is published on the EASA website7.
The major milestones of this rulemaking activity are presented on the title page.
1.2. The next steps
This Opinion contains the proposed amendments to Commission Regulation (EU) No 1178/2011,
Commission Regulation (EU) 2018/3958, and Commission Implementing Regulation (EU) 2018/1976. It is
submitted to the European Commission to be used as a technical basis in order to prepare EU
regulations.
The decision containing the related acceptable means of compliance (AMC) and guidance material (GM)
will be published by EASA when the related regulations are adopted by the European Commission.
6
General Aviation (GA) TeB & GA Committee.
7 http://easa.europa.eu/document-library/opinions
8 Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC)
No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10) (https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32018R0395&from=EN).
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2. In summary — why and what
2. In summary — why and what
2.1. Why we need to change the rules — issue/rationale
Currently, the European rules for flight crew licensing (FCL) for balloons and sailplanes in force are laid
down in Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 (the Aircrew Regulation). This
Regulation contains technical requirements and administrative procedures for FCL not only for balloons
and sailplanes but also for aeroplanes, helicopters, airships as well as powered-lift aircraft. In this
respect, stakeholders have continuously raised the following concerns as regards FCL for balloons and
sailplanes:
— The level of details in the requirements, while being appropriate for FCL for other aircraft
categories (mainly aeroplanes and helicopters), is too high for both the balloon and sailplane
domains.
— The proportionality of some requirements (e.g. recency requirements for pilots, revalidation and
renewal requirements for instructors and examiners), again, while being appropriate for other
aircraft categories regulated in Part-FCL, is not given with regard to the requirements related to
balloons and sailplanes.
— The availability of two different licences with almost the same scope of privileges (LAPL and
BPL/SPL) adds unnecessary complexity to the overall licensing system for balloons and sailplanes.
In the context of the General Aviation (GA) Road Map9, EASA took into consideration the concerns raised
by stakeholders and decided to develop simpler and more proportionate rules for FCL for balloons and
sailplanes. This includes the following major measures:
— Extraction of the FCL requirements for balloons and sailplanes from Part-FCL and reintroduction
as new annexes to Commission Regulation (EU) 2018/395 (the Balloon Regulation) and
Commission Implementing Regulation (EU) 2018/197610 (the Sailplane Regulation), thereby
establishing separate regulations that have both operational and FCL requirements under ‘one
roof’; and
— restructuring and simplification of the FCL rules for balloons and sailplanes, when reintroducing
them as described in the previous indent, in order to establish a simpler, lighter and better
regulatory framework for FCL for balloons and sailplanes, tailored to the needs of balloon and
sailplane stakeholders.
Once this extraction, revision and reintroduction of the FCL requirements for balloons and sailplanes will
be achieved, the new regulatory structure for balloons and sailplanes will be the following:
Commission Regulation (EU) 2018/395 (balloons)
Annex I (Part-DEF): Definitions
Annex II (Part-BOP): Balloon air operations
Annex III (Part-BFCL): Balloon flight crew licensing
9
https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map
10 Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to
Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64).
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2. In summary — why and what
Commission Implementing Regulation (EU) 2018/1976 (sailplanes)
Annex I (Part-DEF): Definitions
Annex II (Part-SAO): Sailplane air operations
Annex III (Part-SFCL): Sailplane flight crew licensing
EASA is of the opinion that this new regulatory framework covering both operational and FCL domains
of balloons and sailplanes in specific regulations will meet the needs of balloon and sailplane
stakeholders. Balloon and sailplane pilots, training providers and operators are expected to benefit from
such a concise regulatory framework which does not compromise safety.
2.2. What we want to achieve — objectives
The overall objectives of the EASA system are defined in Article 1 of Regulation (EU) 2018/1139. This
proposal will contribute to the achievement of the overall objectives by addressing the issues outlined
in Chapter 2.
The specific objective of this proposal is, therefore, to establish FCL requirements for balloons and
sailplanes that are proportionate to the nature and the complexity as well as the risks of balloon and
sailplane activities.
2.3. How we want to achieve it — overview of the proposals
2.3.1. General
As already explained in Section 2.1., the existing FCL requirements for balloons and sailplanes are
extracted from Part-FCL and, after being restructured and simplified, added as new annexes to
the Balloon Regulation (new Annex III ‘Part-BFCL’) and the Sailplane Regulation (new Annex III
‘Part-SFCL’).
The major changes and achievements of the FCL requirements for balloons and sailplanes done
during this revision are summarised in Sections 2.3.2. to 2.3.4.
In Section 2.3.5., the structure and content of the changes to the Balloon Regulation and the
Sailplane Regulation (articles) are explained.
In Section 2.3.6., the changes to Annexes I (Part-DEF) of both the Balloon Regulation and the
Sailplane Regulation are explained.
In Section 2.3.7., the changes to Annex II (Part-BOP) to Regulation (EU) 2018/395 are explained.
In Section 2.3.8., the overall structure of Part-BFCL and Part-SFCL is explained, and an overview of
the content is provided.
Finally, Section 2.3.9. illustrates the changes to the Aircrew Regulation that are necessary in the
context of the introduction of Part-BFCL and Part-SFCL.
Further and more detailed information on the changes and especially the differences between
Part-FCL on the one side and the new Part-BFCL and Part-SFCL on the other side (including cross
references between Part-BFCL, Part-SFCL and Part-FCL) are illustrated in the tables in
Appendices 4.1. and 4.2.
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Some of the draft rule text that is presented with this Opinion is highlighted with blue colour in
order to indicate those draft rules that need to be adopted with a delegated act, in accordance
with Article 68 Regulation (EU) 2018/1139.
2.3.2. Major amendments and achievements (Part-BFCL and Part-SFCL)
2.3.2.1. Deletion of the LAPL for balloons and sailplanes
Under Part-FCL, the current regulatory framework with two licences for both balloons
(LAPL(B), BPL) and sailplanes (LAPL(S), SPL) has been identified to be a redundant
licensing system that causes unnecessary complexity and burden:
— The level of medical fitness (LAPL medical certificate or class 2 medical certificate)
is the only criterion to determine whether an applicant can obtain an LAPL or a
BPL/SPL. However, applicants for both LAPL and BPL/SPL have to complete the
same training and testing, they are obliged to comply with identical recency
requirements, and they are entitled to act as pilots on the same aircraft (LAPL(B)
holders are restricted to balloons with a smaller envelope size, but this was
identified by the RMT.0654 expert group to be rather irrelevant with regard to the
medical fitness of the pilot).
— Although qualified on the same level, instructors that hold an LAPL for balloons or
sailplanes were not allowed to provide instruction for the issue of a BPL or an SPL
(point FCL.915(b)(1) of Part-FCL).
— According to point MED.A.030 of Annex IV (Part-MED) to the Aircrew Regulation,
even a temporary decrease in medical fitness resulting in the ‘downgrading’ from
a class 2 medical certificate to an LAPL medical certificate required a temporary
reissue of a BPL or an SPL as LAPL.
When Part-FCL had been introduced, the main reason for establishing this ‘dual’ system
has been to allow pilots with a lower medical fitness to obtain a basic licence for leisure
pilot activities, restricted to non-commercial operation and (due to ICAO non-compliance
of the LAPL medical certificate) to flying only within the territory of the Member States.
However, during the work of RMT.0654 and RMT.0701, it has been concluded that, while
keeping these advantages of basic pilot privileges with certain operational restrictions,
the licensing system itself can be simplified, as the requirements for obtaining and
maintaining both balloon licences as well as both sailplane licences are identical.
The requirements for the LAPL are therefore deleted for both balloons and sailplanes,
and the balloon pilot licence (BPL) and sailplane pilot licence (SPL) remain as the sole
licences for the respective aircraft category. Applicants for and holders of a BPL or an SPL
will need to hold at least an LAPL medical certificate issued in accordance with Part-MED,
except for the commercial transport of passengers for which still a class 2 medical
certificate will be required. When holding an LAPL medical certificate, holders of a BPL or
an SPL will also be restricted to exercise their privileges within the territory of the
Member States. Point MED.A.030 of Annex IV (Part-MED) is proposed to be amended
accordingly.
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This concept of a single licence with a (potential) scope of privileges solely depending
from the medical certificate held by the pilot is believed to provide both simplification
and flexibility to the balloon and sailplane licensing domains.
2.3.2.2. Revalidation requirements for the FI certificate
In Part-FCL, a flight instructor (FI) certificate is issued for a validity period of 3 years and
needs to be revalidated following the ‘2 out of 3’ principle (instructor experience,
refresher seminar, assessment of competence) (see point FCL.940.FI of Part-FCL).
While it has been highlighted by both the RMT expert group and stakeholders’ comments
(refer to Section 2.4.) that regular refresher training for instructors is of significant
importance, the remaining elements of the known ‘2 out of 3’ principle should be revised
in the context of the overall objective to make the regulatory framework for balloons and
sailplanes simpler, lighter and better.
Hence, following the example of the licence (BPL and SPL) itself, the FI certificate as per
Part-BFCL and Part-SFCL is issued without an expiry date and does no longer need to be
revalidated. In order to continuously exercise the privileges of the certificate, the FI will
need to comply with a set of recency requirements (see points BFCL.360 and SFCL.360):
Within the last 3 years, instructor refresher training needs to be completed and instructor
experience (identical to the experience required in point FCL.940.FI(a)(1)(iii) and (iv))
needs to be acquired. Within the last 9 years, the FI needs to have, in the case of balloons,
conducted one instruction flight under the supervision of an FI instructor or, in the case
of sailplanes, demonstrated to an FI instructor the ability to instruct.
Additionally, holders of an FE certificate will benefit from the possibility to ‘combine’
compliance with FI recency requirements and FE revalidation requirements: if the holder
of an FE certificate has complied with the FE revalidation requirements within the last
3 years, this provides a credit for the 9-yearly supervised training flight (see points
BFCL/SFCL.360(c)).
The unlimited validity of the FI certificate will reduce the administrative burden for
balloon and sailplane examiners, while the new recency requirements (modelled on
existing revalidation requirements but simplified) ensure continuous experience as well
as sufficient FI refresher training and assessment of instructional skills.
2.3.2.3. Revalidation requirements for the FE certificate
In the context of the revision of revalidation requirements for the FI certificate (see
Section 2.3.2.2.), it was decided to take a simplified and more performance-based
approach also for the revalidation requirements for the flight examiner (FE) certificate.
While in Part-FCL today the validity period of an FE certificate is 3 years, for Part-BFCL
and Part-SFCL the validity period of the FE(B) and FE(S) certificates is 5 years (see points
BFCL.460 and SFCL.460). Revalidation can be achieved by completing FE refresher
training and, within the last 24 months (Part-FCL: 12 months) preceding the end of the
validity period of the certificate, by conducting one skill test, proficiency check or
assessment of competence under the supervision of an inspector from the competent
authority or an examiner that is specifically authorised by the competent authority to do
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so (‘senior examiner’). An additional requirement for examiners to conduct a minimum
number of skill tests, proficiency checks or assessments of competence during the validity
period of the certificate (as today in place in Part-FCL) has not been added. It is expected
that examiners will in any case need to be active in order to maintain their competence
for successful compliance with the remaining revalidation requirements (performance-
based approach).
2.3.2.4. Merging of FE and FIE certificate
In Part-FCL, different examiner certificates exist for different purposes. In fact, only two
of them are relevant for balloons and sailplanes: the flight examiner (FE) certificate, and
the flight instructor examiner (FIE) certificate.
The RMT.0654 and RMT.0701 expert groups concluded that, for the purpose of
simplification, these two relevant examiner certificates can be merged into one single
examiner certificate with both FE and FIE privileges included.
With Part-BFCL and Part-SFCL it is therefore proposed to have one single FE certificate
with the possibility to extend its privileges to assessing the competence of applicants for
an FI certificate (see points BFCL.415(c) and SFCL.415(c)). The conditions for such an
extension will be the acquisition of relevant experience as an instructor as well as specific
training on instructor assessment during an examiner standardisation course. In return,
a separate assessment of competence for obtaining this ‘FIE extension’ will not be
required.
2.3.2.5. Vested interests
The RMT.0654 and RMT.0701 expert groups concluded that, next to the fact that many
examiners are also very active instructors, in some regions there is an unbalanced
distribution of balloon and sailplane instructors and examiners. Taking into consideration
these factors and the relatively small balloon and sailplane industry in some Member
States, it was deemed necessary to provide more flexibility with regard to the allowed
involvement of examiners into the preceding training of their candidates. While Part-FCL
in point FCL.1005(a)(1) limits this involvement to 25 % of the required flight instruction,
in Part-BFCL and Part-SFCL this limit is raised to 50 % (see points BFCL.405 and SFCL.405).
A balloon or sailplane examiner can conduct a skill test with a candidate, even if he or
she as an instructor has also conducted up to 50 % of the required training course with
that candidate.
2.3.3. Further major changes and achievements (Part-BFCL)
2.3.3.1. Recency requirements
As required by current Part-FCL, BPL holders need to comply with specific experience
requirements within a given time frame in order to be allowed to exercise the privileges
of their non-expiring licence.
While this principle is kept under Part-BFCL, the RMT.0654 expert group concluded that
the current recency requirements for balloon pilots in point FCL.230.B of Part-FCL can be
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revised in different aspects in order to grant relief to balloon pilots while still keeping a
sufficient safety level.
One major alleviation in the new point BFCL.160 is that the recency time period for
completing a training flight with an instructor has been extended from ‘the last
24 months’ to ‘the last 48 months’. This provides more flexibility, which is needed in the
context of the relatively small balloon industry in some Member States and the
associated reduced availability of instructors and balloons under sufficient weather
conditions. Minimum recent experience is still ensured.
Another simplification is that these alleviated recency requirements will be applicable
also for the non-commercial carriage of passengers. In this respect, the requirements of
point FCL.060(a) of Part-FCL (‘…or carrying passengers…’) have not been transferred to
Part-BFCL. The RMT.0654 expert group concluded that these general recency
requirements are sufficient for pure private operations, even when involving the carriage
of passengers. Only for commercial passenger ballooning, the requirements of the new
commercial operation rating (see Section 2.3.3.2.) contain stricter requirements as to the
recent experience of the balloon pilot involved.
For further changes to the requirements on recent experience, please refer to the notes
linked to point BFCL.160 in the table in Appendix 4.1.
2.3.3.2. Commercial operation rating
Privileges for acting as pilot on balloons during commercial operations (point
FCL.205.B(b) of Part-FCL) are re-established as a commercial operation rating (point
BFCL.215 of Part-BFCL). Having regard to commercial passenger ballooning (being the
most relevant kind of commercial balloon operation), the intention for this change is to
give such extension of privileges a ‘higher value’ and better visibility (licence
endorsement).
The general prerequisites and conditions for initially obtaining the commercial operation
rating are the same as under Part-FCL, except for the requirement to pass a skill test
instead of a proficiency check. Additionally, it was clarified that, as a prerequisite, the
relevant class privileges need to be held.
The commercial operation rating is issued without an expiry date. However, for acting as
pilot in commercial passenger ballooning, recency requirements are introduced in order
to ensure proper recent experience of balloon pilots who fly with fare-paying passengers.
With regard to these recency requirements, cross-crediting with operator proficiency
checks completed in accordance with the requirements of Part-BOP is possible.
2.3.3.3. Changes to the requirements for the FI(B)
The concept of an FI(B) with restricted privileges (after initial issue of the FI certificate)
has not been taken over into Part-BFCL. Unlike other aircraft categories, balloons are not
always operated from aerodromes but regularly from any field, outside a sophisticated
club structure with FIs available for exercising supervision for such FI(B) with restricted
privileges. The concept of an FI(B) with restricted privileges is therefore unfit for the
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balloon domain. AMC/GM is planned to illustrate how the deletion of the ‘FI(B) restricted’
can be outweighed during the initial FI(B) training course.
Additionally, the minimum duration of the FI(B) theoretical knowledge instruction is
reduced from 30 hours (point FCL.930.FI(b)(2)(ii) of Part-FCL) to 12 hours (point
BFCL.330(b)(3); see Appendix 4.1., comments to point BFCL.330, for further information).
2.3.4. Further major changes and achievements (Part-SFCL)
2.3.4.1. Endorsements for aerobatic flight and sailplane cloud flying privileges as well as for
launching methods
In general, the extension of general privileges of a licence to further specific privileges is
executed through a licence endorsement, done by the competent authority. In the
context of reducing the related administrative and financial effort, the RMT.0701 expert
group identified that for some additional SPL privileges a simplified process can be put in
place in order to grant some relief to SPL holders.
Privileges for aerobatic (point SFCL.200) or sailplane cloud flying (point SFCL.215) as well
as for launching methods (point SFCL.155) are no longer subject to a specific licence
endorsement done by the competent authority. These privileges are included in the SPL
itself after the training organisation or, in the case of additional launching methods, the
instructor has confirmed the completion of the training through an endorsement and a
signature in the pilot’s logbook. In this context, the terminology has changed from
aerobatic or sailplane cloud flying ‘rating’ to ‘privileges’.
A pilot that already holds an LAPL(S) or an SPL with licence endorsements for an aerobatic
or a sailplane cloud flying rating in accordance with Part-FCL or additional launching
methods will be able to keep this licence endorsements and exercise respective privileges
also under Part-SFCL (see Section 2.3.5., explanations to Article 3b (Sailplane
Regulation)).
With regard to the obligation to notify the competent authority of such logbook
endorsements, please refer to Section 2.4.4.3.
2.3.4.2. Privileges for commercial operation and carriage of passengers
The conditions for carrying passengers and for acting as pilot in commercial operation
with sailplanes (including commercial passenger flights) has been slightly revised (new
point SFCL.115).
Before being entitled to carry passengers (in general), an SPL holder will need to comply
with experience requirements (same as under Part-FCL) and, as an additional new
requirement, complete a flight with an FI(S) in order to demonstrate the competence
required for flights with passengers. Holders of an FI(S) certificate will be exempted from
these additional requirements.
In return for this additional requirement, an SPL holder will no longer need to complete
a proficiency check before being allowed to act as pilot in commercial operations.
Complying with the minimum age and experience requirements (same as under Part-FCL)
will be sufficient.
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This change has been done in order to place more emphasis on ensuring pilot
competence for passenger flights.
2.3.4.3. Sailplane and TMG privileges
Under the current Part-FCL provisions, a sailplane licence (LAPL(S) or SPL) can initially be
obtained on sailplanes or powered sailplanes, but not on touring motor gliders (TMGs).
Once the LAPL(S) or the SPL is issued, its privileges can be extended to flying on TMGs via
additional training and a skill test (point FCL.135.S of Part-FCL).
The RMT.0701 expert group concluded that the use of TMGs during initial SPL training
provides a number of advantages: due to the possible use of engine power, it is easier to
repeat certain exercises again and again, and also cross-country navigation skills and
landings outside aerodromes can be trained more effectively and in a safer way. At the
same time, a TMG still has the overall handling characteristics of a sailplane.
Hence, the new Part-SFCL requirements provide more flexibility in such way that an SPL
can be initially obtained on any kind of sailplane. Point SFCL.130 allows the SPL training
course to take place on sailplanes, powered sailplanes or TMGs or even a combination of
all. Depending on the privileges sought, certain minimum training elements need to be
completed on a particular kind of sailplane.
The skill test following the SPL training course needs to be completed in either sailplanes
(excluding TMGs) or TMGs, depending on the kind of sailplane for which the respective
minimum contents of the SPL training course have been completed (point SFCL.145(b)).
If an SPL training course has covered the minimum training elements for both sailplanes
and TMGs, it is also possible to complete two skill tests, one on sailplanes (excluding
TMGs) and one on a TMG, in order to get the SPL initially issued already with privileges
for both.
If an SPL has been obtained with privileges only for either sailplanes (excluding TMGs) or
TMGs, the privileges of the SPL can be extended to the other kind of sailplane via
additional training and a skill test (point SFCL.150).
Consequently, the recency requirements for SPL holders have been revised to provide a
more practical approach towards keeping recent experience on both sailplane and TMG
privileges held (point SFCL.160). In both cases, the overall flight experience required for
the preceding recency time period can be completed on a combination of sailplanes and
TMGs; however, some certain elements (e.g. minimum number of sailplane launches or
TMG take-offs) need to be completed in the relevant kind of aircraft.
2.3.4.4. Cross-crediting between Part-FCL and Part-SFCL
In both Part-FCL and Part-SFCL, requirements have been put in place to allow cross-
crediting between specific ratings and privileges held in accordance with Part-FCL and
Part-SFCL:
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Rating/privileges Part-FCL reference Part-SFCL reference Credit granted
TMG class privileges FCL.135.A(c) (new) SFCL.150(c) Full credit in both
directions
Aerobatic rating/ FCL.800(d) (new) SFCL.200(e) Full credit in both
advanced aerobatic directions for TMG
privileges motor-powered
aerobatic flight
privileges
Towing rating FCL.805 SFCL.205 Full credit in both
directions for towing
privileges on TMG
(TMG) night rating FCL.810(a)(4) (new) SFCL.210 (d) Full credit in both
directions for night
rating on
aeroplanes/TMGs
2.3.4.5. Aerobatic privileges for sailplanes pilots
Currently, Part-FCL contains one (full) aerobatic rating (point FCL.800) which can be
obtained after a respective training course, involving different basic and more advanced
aerobatic manoeuvres.
The RMT.0701 expert group concluded that many sailplane pilots, although they do not
intend to undertake more advanced aerobatic flights, wish to fly basic aerobatic
manoeuvres like a looping or steep climbing or diving lines. For these pilots, a respective
possibility to obtain basic aerobatic privileges should be put in place, as requiring full
(advanced) aerobatic training would be disproportionate in such cases.
When transferring the requirements for aerobatic privileges to the new Part-SFCL (point
SFCL.200), these privileges have been split into basic aerobatic privileges and advanced
aerobatic privileges.
Basic aerobatic privileges can be obtained via a training course at an ATO or a DTO (no
minimum training duration mandated) and include 45-degree climbing and diving lines,
inside loops, wingover and lazy-eight manoeuvres as well as spins.
The advanced aerobatic privileges are equal to those of the aerobatic rating as regulated
in point FCL.800 of Part-FCL, with identical training requirements. With regard to the
prerequisites, the requirement of 40 hours of flight time as PIC has been reduced to
30 hours.
2.3.5. The structure and content of the new regulatory framework (articles)
Existing articles of both the Balloon and the Sailplane Regulation are amended as follows:
— Article 1 is amended to reflect the new scope of the Regulations, now also covering flight
crew licensing.
— Article 2 is amended to refer to the definitions that are already established in Commission
Regulation (EU) No 1178/2011. However, some FCL-related definitions that are tailored to
the needs of Part-BFCL and Part-SFCL had to be added (‘national licence’; ‘Part-BFCL
licence’/‘Part-SFCL licence’; ‘conversion report’).
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Additionally, the following new articles are inserted in both the Balloon Regulation and the
Sailplane Regulation:
— Article 3a (Pilot licences and medical certification)
Paragraph 1 requires balloon/sailplane pilots to hold a licence issued in accordance with
Annex III (Part-BFCL/Part-SFCL) and a medical certificate issued in accordance with Annex IV
(Part-MED) to the Aircrew Regulation.
Paragraph 2 allows holders of a BPL or an SPL to act as a pilot during certain types of flights
(e.g. cost-shared flights, competition flights) and under certain conditions, even if those
pilots do not have the privileges for commercial operation.
Paragraph 3 allows Member States to establish a national modular licensing system in order
to offer a module-based training approach towards the BPL or the SPL, based on the
proposal published with Opinion No 08/2017 ‘Modular light aircraft pilot licences’
(RMT.0678)11 and the considerations contained therein.
— Article 3b (Existing pilot licences and national medical certificates)
Paragraph 1 provides full ‘grandfathering’ for existing balloon and sailplane licences issued
in accordance with Part-FCL and regulates the replacement of such licences by licences that
comply with the licence format laid down in Part-ARA, as updated in the context of the
introduction of Part-BCFL and Part-SFCL.
Paragraph 2 contains transitional provisions for specific areas. In general, the full scope of
privileges granted with Part-FCL licences shall be transferred to the new Part-BFCL/
Part-SFCL licences (subparagraph (a)). As under Part-BFCL/Part-SFCL instructor certificates
will no longer have an expiry date, the expiry date of existing Part-FCL instructor rating will
be endorsed in the pilot’s logbook, when reissuing Part-FCL licences as Part-BFCL/Part-SFCL
licences. Until this date, instructors will be allowed to continue to exercise their privileges,
and only after this date they will be obliged to comply with point BFCL.460 or point SFCL.460
(subparagraph (c)). As regards balloons, tethered flight and commercial operation
‘privileges’ issued under Part-FCL will reappear on a new Part-BFCL licence as tethered flight
or commercial operation ‘rating’, as foreseen in Part-BFCL (subparagraph (b) in the Balloon
Regulation). As regards sailplanes, as explained in detail in Section 2.3.4.1., some specific
privileges that were established as ‘ratings’ (being endorsed on the licence) under Part-FCL
have now been re-established as ‘privileges’ under Part-SFCL (with training completion to
be documented in the pilot’s logbook, no more licence endorsement). In these cases, when
reissuing existing Part-FCL licences as Part-SFCL licences, the respective licence
endorsements shall remain endorsed in the Part-SFCL licence (‘what is in the licence, stays
in the licence’).
Paragraph 3 regulates the transitional phase for holders of national balloon and sailplane
licences. Holders of national balloon and sailplane licences will be able to use the privileges
of those licences up to 8 April 2021. By that date, those licences shall have been converted
into Part-BFCL/Part-SFCL licences. With the envisaged date of entry into force of
11 https://www.easa.europa.eu/sites/default/files/dfu/Opinion%20No%2008-2017.pdf
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Part-BFCL and Part-SFCL on 8 April 2020, this will result into a 1-year transitional period
(8 April 2020 to 8 April 2021).
Paragraph 4 regulates the transition for national medical certificates held by balloon and
sailplane pilots. National medical certificates for balloon and sailplane pilots will remain
valid until the date of their next revalidation or until 8 April 2021, whichever is the earlier.
This next revalidation will need to be done in compliance with Annex IV (Part-MED) to
Regulation (EU) No 1178/2011.
— Article 3c (Credit for training that commenced prior to the date of application of Part-
BFCL/Part-SFCL)
Paragraph 1 contains the transitional provisions for training that commenced prior to the
date of application of Part-BFCL/Part-SFCL and is still following the requirements of
Part-FCL.
Paragraph 2 additionally contains transitional provisions for training that commenced prior
to the date of application of Part-BFCL/Part-SFCL and is still following the requirements of
Annex 1 to the Chicago Convention (ICAO).
— Article 3d (Conditions for acceptance of licences issued by third countries)
Article 3d is in general modelled on the existing Article 8 of the Aircrew Regulation.
Paragraph 1, for the purpose of accepting third-country licences, refers to the requirements
of Annex III to the Aircrew Regulation which will be amended in order to reflect the new FCL
regulatory framework of the Balloon Regulation and the Sailplane Regulation.
Paragraphs 2 and 3, in addition to the rather simple licence conversion possibilities set out
in Annex III to the Aircrew Regulation (see previous indent), provide another option for
obtaining a Part-BFCL or a Part-SFCL licence. In cases where the prerequisites and conditions
for licence conversion are not met, applicants may receive credits for third-country licences
already held and shall undergo a reduced Part-BFCL or Part-SFCL training course.
— Article 3e (Training organisations)
Paragraph 1 requires training organisations to comply with Article 10a of the Aircrew
Regulation, which means that they will need to be either certified as approved training
organisations (ATOs) or declare themselves as declared training organisations (DTOs) to the
competent authority.
Paragraph 2, as a transitional provision, requires existing training organisations to adapt
their training programmes, where necessary in order to establish compliance with Part-BFCL
or Part-SFCL, as applicable, by 8 April 2021 at the latest. Such changes will mainly be needed
in order to reflect alleviations and reduction of training requirements (e.g. theoretical
knowledge for the FI(B), rearrangement of sailplane and TMG privileges that can be
associated with an SPL, basic and advanced aerobatic rating for sailplanes — refer to the
tables in Appendices 4.1. and 4.2. for detailed information).
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2.3.6. Changes to Annexes I (Part-DEF) to the Balloon Regulation and the Sailplane Regulation
In order to avoid duplication of existing definitions, Annexes I (Part-DEF) to both the Balloon
Regulation as well as the Sailplane Regulation are amended to refer to the definitions that are
contained in Commission Regulation (EU) No 1178/2011. Only in cases where it was necessary to
adapt these definitions in the context of the specificities of Part-BFCL and Part-SFCL, revised
definitions have been added to the Balloon and the Sailplane Regulation. The order of the
definitions has also been changed to fit with the principle of these Annexes (order of appearance
instead of alphabetical order).
As regards balloons, a new definition for ‘tethered flight’ is introduced.
As regards sailplanes, the definition of ‘touring motor glider (TMG)’ in point FCL.010 of Part-FCL
has been revised in order to allow operational suitability data (OSD) as per Regulation (EU)
No 748/201212 to categorise a new aircraft as TMG or as sailplane (‘non-TMG’) even if the general
definition criteria would indicate otherwise (see also Section 2.4.4.2. for further information).
2.3.7. Amendments to Annex II (Part-BOP) to Regulation (EU) 2018/395
When amending Regulation (EU) 2018/395 to insert Annex III (Part-BFCL), the opportunity was
taken to adjust several provisions in Annex II (Part-BOP) for updating the references to the Basic
Regulation after the adoption of Regulation (EU) 2018/1139 and for inserting references to
Part-BFCL.
2.3.8. The structure and content of the new regulatory framework (Part-BFCL and Part-SFCL)
Both Part-BFCL and Part-SFCL are divided into five subparts:
— Subpart GEN contains general requirements, including rules as regards the scope of Part-
BFCL/Part-SFCL, competent authority, applications to the competent authority, crediting of
flight time, obligation to carry documents, recording of flight time, etc.
— Subpart BPL/Subpart SPL contains the requirements for the BPL/SPL, including rules as
regards the privileges of these licences and the conditions for exercising those privileges,
minimum age, training course, theoretical knowledge examination, skill test, recency
requirements, etc.
— Subpart ADD contains requirements for additional ratings and privileges that can be
associated with a BPL (tethered hot-air balloon flight rating, night rating, commercial
operation rating)/an SPL (aerobatic privileges, towing rating, sailplane cloud flying
privileges).
— Subpart FI contains the requirements for flight instructor certificates for
balloons/sailplanes, including rules as regards the privileges of flight instructors and the
conditions for exercising those privileges, prerequisites, training course, assessment of
competence, etc.
12 Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of
aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1)
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012R0748&qid=1547648279315&from=EN)
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— Subpart FE contains the requirements for flight examiner certificates for
balloons/sailplanes, including rules as regards the privileges of flight examiners and the
conditions for exercising those privileges, prerequisites, examiner standardisation,
assessment of competence, etc.
The following table provides a general overview of the contents of Part-BFCL and Part-SFCL. When
rearranging the revised Part-FCL requirements into Part-BFCL and Part-SFCL, the objective has
been to establish consistency between Part-FCL and Part-BFCL/Part-SFCL with regard to the
overall structure and the terminology used. With regard to the numbering system of individual
points, the opportunity was taken to apply a revised numbering system in which points of different
subparts dealing with the same topic as often as possible have identical final digits (e.g. privileges
and conditions: point xFCL.115/315/415; training course: point xFCL.130/330/430; recency/
revalidation/renewal: point xFCL.160/360/460). In this context, preference was given to
consistency between Part-BFCL and Part-SFCL before consistency with Part-FCL. However,
especially the numbering of the points in Part-BFCL/Part-SFCL Subpart GEN mainly follows the
numbering system in Part-FCL Subpart A. Additionally, as regards the final digits, the numbering
of points in Part-BFCL/SFCL Subpart ADD as much as possible follows the numbering system in
Part-FCL Subpart I (towing rating: points FCL.805/xFCL.205; night rating: points FCL.810/xFCL.210).
For a detailed overview of the contents of Part-BFCL and Part-SFCL, including cross references to
and comparison with Part-FCL requirements, please refer to Appendices 4.1. and 4.2.
Part-BFCL Part-SFCL
Topic
reference reference
Subpart GEN
BFCL.001 Scope SFCL.001
BFCL.005 Competent authority SFCL.005
BFCL.010 Classes and groups of balloons n/a
Application for and issue, revalidation and renewal of a BPL/SPL as
BFCL.015 SFCL.015
well as associated privileges, ratings and certificates
BFCL.030 Practical skill test SFCL.030
BFCL.035 Crediting of flight time SFCL.035
BFCL.045 Obligation to carry and present documents SFCL.045
BFCL.050 Recording of flight time SFCL.050
Curtailment of privileges of a BPL/SPL holder aged 70 years or
BFCL.065 older in commercial passenger ballooning/commercial passenger SFCL.065
sailplane operation
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Limitation, suspension and revocation of licences, privileges,
BFCL.070 SFCL.070
ratings and certificates
Subpart BPL Subpart SPL
BFCL.115 Privileges and conditions SFCL.115
BFCL.120 Minimum age SFCL.120
BFCL.125 Student pilot SFCL.125
BFCL.130 Training course and experience requirements SFCL.130
BFCL.135 Theoretical knowledge examination SFCL.135
BFCL.140 Crediting of theoretical knowledge SFCL.140
BFCL.145 Practical skill test SFCL.145
Extension of privileges to
BFCL.150 Sailplane and TMG privileges SFCL.150
another balloon class or group
n/a Launching methods SFCL.155
BFCL.160 Recency requirements SFCL.160
Subpart ADD
Tethered hot-air balloon flight
BFCL.200 Aerobatic privileges SFCL.200
rating
Sailplane towing and banner
n/a SFCL.205
towing rating
BFCL.210 Night rating TMG night rating SFCL.210
BFCL.215 Commercial operation rating Sailplane cloud flying privileges SFCL.215
Subpart FI
BFCL.300 Flight instructor certificates SFCL.300
BFCL.315 Privileges and conditions SFCL.315
BFCL.320 Prerequisites and requirements SFCL.320
BFCL.325 Instructor competencies and assessment thereof SFCL.325
BFCL.330 Training course SFCL.330
BFCL.345 Assessment of competence SFCL.345
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n/a Restricted privileges SFCL.350
BFCL.360 Recency requirements SFCL.360
Subpart FE
BFCL.400 Flight examiner certificates SFCL.400
BFCL.405 Limitation of privileges in case of vested interests SFCL.405
Conduct of skill test, proficiency checks and assessments of
BFCL.410 SFCL.410
competence
BFCL.415 Privileges and conditions SFCL.415
BFCL.420 Prerequisites and requirements SFCL.420
BFCL.430 Standardisation course SFCL.430
BFCL.445 Assessment of competence SFCL.445
BFCL.460 Validity, revalidation and renewal SFCL.460
2.3.9. Amendments to Regulation (EU) No 1178/2011
2.3.9.1. General
When moving all FCL requirements for balloons and sailplanes to the new Balloon
Regulation and the new Sailplane Regulation, the existing FCL requirements solely
referring to balloons and sailplanes in Annex I (Part-FCL) to the Aircrew Regulation had
to be deleted. However, as requirements from other annexes (parts) of the Aircrew
Regulation with relevance for FCL will not be transferred to the new Balloon Regulation
and the new Sailplane Regulation, amendments to the Aircrew Regulation and cross
references in the Aircrew Regulation as well as the new Balloon Regulation and the new
Sailplane Regulation have to be put in place in order to ensure that the relevant
requirements of the annexes to the Aircrew Regulation other than Part-FCL will still be
applicable to balloons and sailplanes.
2.3.9.2. Act
Article 1 is amended by inserting a new paragraph 2 in order to ensure the application
of Articles 11b and 11c as well as of Annex IV (Part-MED), Annex VI (Part-ARA), Annex VII
(Part-ORA) and Annex VIII (Part-DTO) to the Aircrew Regulation in the area of FCL for
balloons and sailplanes, even when the pure FCL requirements in the future are
regulated under the new Balloon Regulation and the new Sailplane Regulation.
In Article 2 paragraph 19, the definition of ‘flight instructor (FI)’ is amended to refer also
to the new Balloon Regulation and the new Sailplane Regulation.
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Article 11c is amended to adjust the contained transitional measures for (balloon and
sailplane training) organisations for which EASA will be the competent authority and to
refer also to the new Balloon Regulation and the new Sailplane Regulation. At the same
time, the respective outdated transitional provisions for organisations other than
balloon and sailplane training organisations that are still in place in Article 11c today can
be deleted.
In Article 12, the transitional provision in paragraph 2a can be deleted, as revised and
simplified FCL requirements for balloon and sailplanes will be in force.
2.3.9.3. Annex I (Part-FCL)
In general, all subparts and individual points or paragraphs solely relevant for balloons
or sailplanes are deleted, and, where relevant (e.g. for crediting provisions), references
to the new Balloon Regulation and the new Sailplane Regulation are added, including
new terminology, where necessary.
In point FCL.010, the definition of ‘touring motor glider (TMG)’ has been amended in
order to allow the classification of a certain aircraft as TMG or as non-TMG during the
certification process pursuant to Regulation (EU) No 748/2012, even if the standard
definition of TMG would require otherwise. Other definitions are deleted in the context
of the deletion of all balloon- and sailplane-related requirements from Part-FCL.
Point FCL.015 is amended in line with the changes already proposed with NPA 2016-16
‘Regular update of Part-FCL — Regular update of Regulation (EU) No 1178/2011
regarding pilot training and licensing and the related oversight’ (RMT.0587)13 in order
to consider cases where a Member State has designated more than one competent
authority in terms of the Aircrew Regulation. Additionally, references to the new
Balloon Regulation and the new Sailplane Regulation are added and the text is
restructured in order to clarify that a pilot needs to have his or her licences issued in the
same Member State as per Part-FCL, Part-BFCL and Part-SFCL. When a pilot applies for
a licence transfer, consequently all these licences held need to be transferred to the
new Member State (new paragraph (e)). Finally, a new paragraph (f) is inserted to limit
the validity period of a skill test or assessment of competence for the issue of the
relevant licence, rating or certificate to 6 months.
In point FCL.725, a new paragraph (f) is added to grant full credit to holders of an SPL
with TMG privileges when they also hold an aeroplane licence and apply for a TMG class
rating.
Point FCL.800 is amended in two aspects: Firstly, the revised text of point FCL.800 now
describes an aerobatic rating only for motor-powered aerobatic flight with aeroplanes
or TMGs. Gliding aerobatic flight is no longer regulated, as this is transferred to the new
Sailplane Regulation (see point SFCL.200). Secondly, crediting provisions for holders of
advanced aerobatic privileges issued in accordance with point SFCL.200 are added (new
paragraph (c) of point FCL.800).
13 https://www.easa.europa.eu/sites/default/files/dfu/NPA%202016-16.pdf
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In point FCL.805, crediting provisions are added for holders of a sailplane or banner
towing rating issued in accordance with Part-SFCL (see point SFCL.205) who wish to
obtain a towing rating in accordance with point FCL.805 (new paragraph (g)).
In point FCL.810, crediting provisions are added for holders of a TMG night rating issued
in accordance with Part-SFCL (see point SFCL.210) who wish to obtain a night rating in
accordance with point FCL.810 (new paragraph (a)(4)).
In Appendix 1, paragraph 1.1 is amended to clarify that the credits set out in this
paragraph apply to both LAPL and PPL (references to PPL added).
2.3.9.4. Annex III
In several paragraphs in Sections A and B, references to the new Balloon Regulation and
the new Sailplane Regulation are added.
2.3.9.5. Annex IV (Part-MED)
Point MED.A.030 is amended in order to support the deletion of the LAPL for balloons
and sailplanes as well as the new concept of using a BPL or an SPL either with an LAPL
medical certificate or a class 2 medical certificate (see Section 2.3.2.1.).
In general, obtaining and exercising the privileges of a BPL or an SPL will be possible
when holding at least an LAPL medical certificate. This will include also the privileges of
instructor and examiner certificates associated with these licences.
However, for commercial air transport (commercial passenger ballooning or
commercial passenger flights with sailplanes) a class 2 medical certificate will be
required. As commercial balloon flights other than commercial passenger ballooning
(e.g. commercial display flights) may also take place with passengers on board, also
commercial balloon operations other than commercial passenger ballooning will
require a class 2 medical certificate if there are more than 4 persons on board the
aircraft.
Due to the fact that the LAPL medical certificate is not in compliance with ICAO Annex 1
‘Personnel Licensing’, BPL or SPL holders with an LAPL medical certificate will be
restricted to flying within the territory of the Member States. For exercising the
privileges of their licences internationally, these pilots will need to obtain a class 2
medical certificate.
2.3.9.6. Annex VI (Part-ARA)
In several points, references to the new Balloon Regulation and the new Sailplane
Regulation are added. In point ARA.GEN.350(e), a reference to Annex VII (Part-ORA) is
reinserted, after it had been accidently deleted with amending Regulation (EU)
2018/1119, when introducing Annex VIII (Part-DTO). In Part-ARA Appendices I, III and
VIII, the text for the flight crew licence, the ATO approval certificate and the DTO
training programme approval certificate is amended to also refer to the new Balloon
Regulation and the new Sailplane Regulation.
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2.3.9.7. Annex VII (Part-ORA)
In several points, references to the new Balloon Regulation and the new Sailplane
Regulation are added.
2.3.9.8. Annex VIII (Part-DTO)
In several points, references to the new Balloon Regulation and the new Sailplane
Regulation are added, including new terminology, where necessary. In this context, in
point DTO.GEN.110, the term ‘flight instructor rating’ currently used in paragraphs
(a)(3)(f) and (a)(4)((g) is replaced by the term ‘flight instructor certificate’ (consistency
with the terminology used in Part-FCL, Part-BFCL and Part-SFCL), and the term ‘refresher
seminar’ currently used in paragraphs (a)(3)g) and (a)(4)(h) is replaced by the term
‘refresher course’ (consistency with the terminology used in Part-BFCL and Part-SFCL as
well as with the upcoming amendment to Part-FCL14).
2.4. What are the stakeholders’ views — outcome of the consultation
2.4.1. General
As described in Section 1.1., the new FCL requirements for balloons and sailplanes as well as the
related amendments to Part-FCL were consulted with both Member States and industry through
two focused consultation workshops on 21 June 2018 (for balloons; hereinafter referred to as the
‘balloon workshop’) and on 26 June 2018 (for sailplanes; hereinafter referred to as the ‘sailplane
workshop’), as well as a written consultation of the final draft in October/November 2018. In
addition to editorial changes and corrections, major changes made based on comments received
are described in the following paragraphs.
2.4.2. Comments and conclusions related to both balloons and sailplanes
2.4.2.1. LAPL medical certificate for instructors and examiners
The draft for Part-BFCL and Part-SFCL, as presented during the balloon and the sailplane
workshop, contained the proposal to delete the LAPL for balloons and sailplanes and to
allow BPL and SPL holders to exercise non-commercial pilot privileges when they hold
an LAPL medical only (see Section 2.3.2.1.). However, for obtaining an instructor or an
examiner certificate, still a class 2 medical certificate was required.
During the balloon and the sailplane workshop, all participants agreed that instructors
and examiners should be allowed to hold an LAPL medical certificate as well; only for
the conduct of commercial passenger flights a class 2 medical certificate should be
required.
EASA considered all the comments received both during and after the workshops and
finally decided to allow instructors and examiners to hold only LAPL medical certificates.
Point MED.A.030 of Part-MED has been redrafted accordingly (see Section 2.3.9.5.).
14 Opinion No 05/2017 ‘Amendments to Commission Regulation (EU) No 1178/2011’ (RMT.0188 (FCL.002(A))) (https://www.easa.europa.eu/document-
library/opinions/opinion-052017#group-easa-downloads).
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2.4.2.2. Validity and revalidation of the FI and FE certificates
In Part-FCL, instructor and examiner certificates in general are valid for 3 years and need
to be revalidated by complying with specific revalidation requirements. Part-BFCL and
Part-SFCL, as presented during the balloon and the sailplane workshop, contained
proposals both to extend the validity period of instructor and examiner certificates to
5 years as well as to alleviate the respective revalidation requirements. One
consequence of these proposals was that a refresher course for the instructor/examiner
certificate would have been necessary only once in 5 years.
During the balloon and the sailplane workshop, as well as in writing after the workshops,
one participant argued that one refresher course in 5 years for instructors is not enough.
The overall objective of revalidation requirements should be to keep instructors
proficient and competent. Additionally, a proposal was made to rework the instructor
requirements in such way that the instructor certificate would not have an expiry date
and should be made subject to recency requirements instead (like the BPL/SPL itself).
Although during the workshops it had been concluded to keep the concept of expiry
date/revalidation for instructors, EASA, when receiving the written comments after the
workshops, reconsidered the case and, after obtaining further input from the RMT.0654
and RMT.0701 expert groups, decided to rework the requirements regarding the validity
of FI and FE requirements as illustrated in Sections 2.3.2.2. and 2.3.2.3. The 3-year cycle
for complying with FI recency requirements results in the need for instructors to
complete a refresher course every 3 years.
As described already in Section 2.3.2.2., the new FI recency requirements foresee one
supervised training flight in a 9-year period. One comment stated that this 9-year period
between two supervised instruction flights is too long. In this context, it has to be
highlighted that such a 9-year cycle is already in place today for instructors for balloons
and sailplanes (see point FCL.940(b)) and that the instructor refresher training will take
place once in 3 years in any case (no ‘2 out of 3’ option).
Based on another written comment received after the workshops, it was decided to
extend the time frame for examiners to complete the reassessment (test, check or
assessment of competence under supervision) for revalidation from 12 months
(Part-FCL) to 24 months preceding the expiry date of the examiner certificate, in order
to provide more flexibility (see Section 2.3.2.3).
Finally, another written comment received after the workshop was accepted regarding
the possibility for examiners to receive credits for instructor recency when complying
with examiner revalidation requirements (point BFCL/SFCL.360(c)): The text was
changed in such way that those credits will only cover the 9-yearly reassessment flight
(point BFCL/SFCL.360(a)(2)) but not, as foreseen in the draft used during the balloon
and sailplane workshops, in general instructor experience (point
BFCL/SFCL.360(a)(1)(ii)); as for instructor experience, it will be in any case possible to
receive credits in accordance with point BFCL/SFCL.360(b).
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2.4.2.3. Crediting of theoretical knowledge
During the balloon workshop, some participants raised concerns about point
BFCL.140(a) (crediting of theoretical knowledge), and in particular whether the foreseen
full credit for the common subjects is applied in the case of the holder of a licence for
another aircraft category who has completed the theoretical knowledge examination
many years ago and has not exercised his or her pilot privileges for a long time.
It was agreed not to change the crediting provision. Instead, GM should be developed
to recommend examiners that they should, during the skill test for the BPL, specifically
pay attention to checking knowledge in the common subjects in such a case. EASA will
consider the development of such GM for both point BFCL.140(a) and point SFCL.140(a).
2.4.2.4. Modular national training routes
One comment did not support the content of the proposed Article 3a(3) of the Balloon
Regulation and the Sailplane Regulation (see Section 2.3.5.), providing Member States
with the possibility to establish national modular training routes for basic balloon or
sailplane pilot privileges that eventually can be converted into a BPL or an SPL via a
conversion report.
EASA wishes to highlight that the introduction of such a ‘modular training option’ was
promoted by the RMT.0654 and RMT.0701 expert groups and received strong support
during the balloon and the sailplane workshops. Based on EASA Opinion No 08/201715,
such a modular training option is also proposed to be implemented in Part-FCL and, also
for consistency, is therefore also kept for Part-BFCL and Part-SFCL.
2.4.2.5. Instruction outside the Member States
One comment did not support the proposal to allow ATOs outside the territory of the
Member States to issue instructor and examiner privileges (drafts presented for points
BFCL/SFCL.300(b)(3); BFCL/SFCL.400(b)(3)), as this would lead to an unbalanced
treatment of ATOs inside and outside the Member States and would make it more
complicated for instructors to change the training organisation. Also, licences and
certificates should be issued by competent authorities and not by training organisations.
EASA wishes to highlight that the draft content of Part-BFCL and Part-SFCL in this regard
(see references above) was done in order to establish consistency with Part-FCL, namely
point FCL.900(c) and FCL.1000(c), as revised with RMT.0188/Opinion No 05/2017.
During the still ongoing rules development process after the publication of Opinion
No 05/2017 at Commission level, it was however decided to take back the above-
mentioned option to allow the certification of ATOs located outside the Member States
to cover instructor and examiner privileges. For this reason, the drafts for
Part-BFCL/SFCL.300 and BFCL/SFCL.400 were redrafted respectively and will need to be
adapted after the final decision regarding the revision of points FCL.900 and FCL.1000,
as necessary.
15 Opinion No 08/2017 ‘Modular light aircraft pilot licences’ (RMT.0678) (https://www.easa.europa.eu/document-library/opinions/opinion-082017).
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2.4.2.6. Vested interests
One written comment, while not explicitly opposing to the 50-% limit (instead of 25 %
in Part-FCL, point FCL.1005) for the involvement of examiners into the preceding
training of the tested applicant, stated that there should be a uniform percentage limit
across all FCL regulation, irrespective of the number of examiners and the aircraft
category. The comment proposed to amend FCL.1005 to also include the 50-% limit.
EASA wishes to highlight that the new 50-% limit in Part-BFCL and Part-SFCL was
introduced when considering the specificities of balloon and sailplane activities (see
Section 2.3.2.5.) and was strongly supported during the focused consultation
workshops.
A change to the percentage limit in point FCL.1005 of Part-FCL will need further
investigation and consultation with Member States and industry. Hence, this is recorded
for future rulemaking and is not included in the amendments that are proposed with
this Opinion.
2.4.2.7. Revalidation requirements for examiners
One comment did not support the deletion of the minimum number for tests, checks or
assessments of competence as a requirement for the revalidation of examiner
certificates (see Section 2.3.2.3) and proposed to require examiners to conduct, every
year during the 5-year validity period of the certificate, at least one test, check or
assessment of competence (= 5 events in total). EASA reviewed this proposal and finally
concluded that the performance-based approach should be kept, taking into
consideration also the interdependencies of instructor and examiner certificates and
the need to stay active as instructor/examiner in any case.
At the time of the balloon and sailplane workshops, the time frame for the reassessment
flight of the examiner (point BFCL/SFCL.460(b)(2)) was drafted to be the 12 months
preceding the expiry date of the certificate. One comment proposed to extend this time
frame to 24 months in order to provide more flexibility, taking into consideration the
possible difficulties in the balloon domain as regards the necessary logistics to
coordinate student, examiner, ‘senior’ examiner and a balloon under appropriate
weather conditions. EASA followed this reasoning and, for keeping consistency, applied
this extension to a 24-month time frame for both Part-BFCL and Part-SFCL.
Based on another written comment received, it was clarified in point BFCL/
SFCL.460(b)(1) that the examiner refresher course needs to be completed within the
validity period of the examiner certificate.
2.4.3. Comments and conclusions related to balloons
2.4.3.1. Age limitation for commercial passenger ballooning (CPB)
During the balloon workshop, some participants asked to further extend the age limit
for CBP from 70 years (point BFCL.065, taken over from point FCL.065 of Part-FCL) to
75 years. EASA concluded that such an extension will need further investigation and
medical study and is therefore not being taken on board with the initial issue of Part-
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BFCL, as Part-BFCL is a highly urgent RMT. A possible amendment of the age limit
remains an open project.
2.4.3.2. Recency requirements for commercial privileges
The recency requirements for the new commercial operation rating for balloons (point
BFCL.215), as presented during the balloon workshop, contained recency requirements
related to all privileges of that rating (CPB and other commercial balloon operations
such as commercial display or competition flights). During the balloon workshop,
participants and balloon experts expressed their views according to which the rather
demanding recency requirements should be reserved for CPB while the general recency
requirements applicable to all BPL holders are sufficient for other types of commercial
balloon operations. The final version of point BFCL.215(d) therefore contains recency
requirements which apply only in case of CPB.
One written comment proposed to allow the (optional) refresher training for the
commercial operation rating (point BFCL.215(d)(2)(ii)) to be conducted not only by ATOs
or DTOs but also by balloon operators. EASA, supported by the RMT.0654 expert group,
concluded that the commercial operation rating focuses on the general competence for
CPB which is not operator-specific. Additionally, operators who wish to conduct this
training and have the appropriate resources to do so can easily establish a DTO for this
purpose. Hence, no further changes were applied in this context.
Finally, one comment raised the question why, for the purpose of keeping recent
experience related to the commercial operation rating, a refresher course at an ATO or
a DTO is necessary at all, since such a course is not required for initially obtaining the
rating. EASA wishes to highlight that a refresher course at an ATO or a DTO is not in any
case necessary — it is only an alternative to completing a proficiency check (see point
BFCL.215(d)(2)(i) and (ii)).
2.4.3.3. Duration of the FI training course and deletion of the ‘FI restricted’ concept
In Part-FCL, the minimum duration of the theoretical knowledge (TK) instruction during
the FI(B) training course is defined with 30 hours (point FCL.930.FI(b)(2)(ii) of Part-FCL).
In Part-BFCL (point BFCL.330(b)(3)), this has been reduced to 12 hours. Additionally, the
‘FI restricted’ concept has been deleted (see point FCL.910.FI of Part-FCL).
During the balloon workshop, one participant raised concern about the reduction of the
minimum duration of the FI(B) TK instruction from 30 to 12 hours and the deletion of
the ‘FI restricted’ concept, stating that 12 hours would not be enough instruction time,
and an initial phase where a new and still inexperienced instructor acts under
supervision of another instructor is a well-established concept that should not be
changed.
Supported by input of the RMT.0654 expert group, EASA decided not to bring the ‘FI
restricted’ concept back into Part-BFCL (see Section 2.3.3.3. for further explanations)
and to keep the FI(B) TK reduction to 12 hours (see Appendix 4.1., explanations to point
BFCL.330). In this context, it needs to be emphasised that these 12 hours constitute the
minimum duration of the TK part of an FI(B) training course (excluding the teaching and
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learning part); training organisations can of course decide to establish courses with
more than 12 hours of TK or provide additional instruction in cases where a particular
applicant does not meet the course standards after these 12 hours.
2.4.3.4. Experience of examiners for the commercial operation rating
Point BFCL.415(b), as presented during the balloon workshop, required an applicant for
an examiner certificate whose intention is to only conduct skill tests for the commercial
operation rating to have received specific training during an examiner standardisation
course only. During the workshop, participants agreed that it should only be possible to
obtain an examiner certificate for commercial operation ratings only when the applicant
complies with the related minimum experience requirements.
The final version of point BFCL.415(b) therefore now contains a reference to paragraph
(a) of that point. As a result, even an examiner who seeks an examiner certificate for
conducting skill test for the commercial operation rating only needs to comply with the
general examiner experience requirements (applicable for examiners that conduct BPL
skill tests).
2.4.4. Comments and conclusions related to sailplanes
2.4.4.1. Transitional period from national regulations to Part-SFCL
With regard to the drafted transitional period in Article 3b of the cover regulation (see
Section 2.3.5.), some participants of the sailplane workshop highlighted that a start and
an end of the transitional period which falls into the beginning of the sailplane flying
season (April) might not be ideal.
As done during the workshop, EASA highlights that the transitional arrangements are
mainly driven by the end of the current opt-out in Article 12(2a) of Regulation (EU)
No 1178/2011, which is 8 April 2020. Final decisions on transitional arrangements will
be taken by the European Commission. EASA will inform the European Commission
about these related concerns.
2.4.4.2. Revised definition of a TMG
During the sailplane workshop, a revised definition of TMG was presented. In this new
definition, the existing definition text has been completed by an additional rule allowing
OSD as per Regulation (EU) No 748/2012 to classify a sailplane as TMG even if the typical
TMG criteria are not fulfilled. Workshop participants proposed that OSD should also be
given the possibility to classify a sailplane as ‘non-TMG’ even if the typical TMG criteria
are fulfilled.
In order to provide full flexibility in this regard, the final version of the revised definition
for TMGs in point FCL.010 of Part-FCL was adjusted accordingly. As regards the
classification of a sailplane as ‘TMG’ or ‘non-TMG’, OSD will be able to ‘overrule’ the
general TMG definition of Part-SFCL in both directions.
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2.4.4.3. Logbook endorsements for additional privileges
When drafting Part-SFCL, the RMT.0701 expert group developed a simplified process
for obtaining some of the additional privileges available for sailplane pilots (launching
methods, aerobatic and sailplane cloud flying privileges; see Section 2.3.4.1. for further
details). During the sailplane workshop, this new approach received wide support by
the meeting participants. However, many participants highlighted that competent
authorities should be notified in the case of such logbook endorsements by training
organisations or instructors. One participant highlighted that competent authorities
should be given the possibility to decide to which extend they wish to receive such
notifications.
The final version of Part-SFCL contains a provision (point SFCL.015(a)(2)) which indeed
leaves it to the competent authorities to determine whether copies of the relevant
logbook entries shall be submitted to them.
2.4.4.4. Minimum training route for TMG privileges
During the sailplane workshop, one participant highlighted that while under Part-FCL
30 hours of flight training are required for obtaining a licence with privileges to fly a
TMG (LAPL(A) + TMG), now under Part-SFCL 15 hours of flight training will be sufficient
(SPL restricted to TMG; see also Section 2.3.4.3.). The commenter claimed that this
reduced minimum training time for TMG privileges should be carefully considered,
especially in the context of the possibility to step up to an aeroplane licence from a
sailplane licence with TMG privileges.
EASA, during the meeting, pointed out that there is still a difference between an LAPL(A)
with TMG privileges which can be easily extended to aeroplanes (extension to SEP class;
point FCL.135.A) and sailplane licences with TMG privileges where holders additionally
need to comply with the experience requirements for TMGs (point FCL.110.A(b):
21 hours of flight time after obtaining TMG privileges) before completing the training as
set out in point FCL.135.A for obtaining an LAPL(A).
EASA completed a further analysis of the current Part-FCL provisions and concluded as
follows:
— Part-FCL today allows an applicant to obtain an LAPL(S) (point FCL.110.S: 15 hours
of training), followed by an extension to TMG (point FCL.135.S: 6 hours of
training), and then to step up to an LAPL(A) via point FCL.110.A(b), requiring the
pilot to fly for 21 hours on TMG after obtaining TMG privileges and to comply
with the training elements specified in point FCL.135.A(a) (3 hours of training).
In total, this means that according to Part-FCL today:
a licence with TMG privileges (LAPL(S) + TMG) can be obtained with
15 + 6 = 21 hours of flight experience; and
a pilot who obtains an LAPL(S) + TMG privileges and steps up to an LAPL(A),
has in total 15 + 6 + 21 + 3 = 45 hours of flight experience.
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— Part-SFCL will allow an applicant to obtain an SPL + ab initio TMG privileges (point
SFCL.130: 15 hours of training) and then to step up to the LAPL(A) via point
FCL.110.A(b) (21 hours of TMG flight experience after obtaining TMG privileges
and 3 hours of training in accordance with point FCL.135.A). This means that
according to Part-SFCL and Part-FCL, in the future:
a licence with TMG privileges (SPL + ab initio TMG privileges) can be
obtained with 15 hours of flight experience (training); and
a pilot who obtains an SPL + ab initio TMG privileges and steps up to an
LAPL(A), has in total 15 + 21 + 3 = 39 hours of flight experience.
The decrease of 6 hours compared to today’s Part-FCL route (21/45 hours, see
above) can be justified by the fact that during the new Part-SFCL training route,
the pilot will be trained on TMG (engine handling, etc.) already during the initial
SPL training. As the LAPL(A) is not an ICAO-compliant licence, the 39 hours of
overall flight experience in such a case is not deemed to be an issue. If an LAPL(A)
is obtained via such a route, for stepping further up to an ICAO-compliant Part-
FCL PPL(A), a pilot will still need to comply with point FCL.210.A(b) (another
15 flight hours after the issue of the LAPL, 10 of which shall be flight instruction),
and thereby comply with the ICAO minimum experience requirements for the
issue of a PPL(A) (40 hours for flight experience, if not gained during an approved
training course).
— For stepping up from a Part-SFCL SPL with ab initio TMG privileges to a Part-FCL
PPL(A), compliance with point FCL.210.A(c) will be required (24 hours of flight
time on TMGs after obtaining TMG privileges = issue of the SPL in this case; and
additional 15 hours of flight training in aeroplanes). By using this training route,
Part-SFCL and Part-FCL allow applicants to obtain a PPL(A) with 15 + 24 + 15 =
54 hours of total flight experience.
EASA therefore considers that Part-SFCL and Part-FCL training and crediting
arrangements are appropriate.
2.4.4.5. Launching methods used during SPL training
The arrangements for extending the privileges of an SPL to further launching methods
were taken over from Part-FCL (point FCL.130.S point SFCL.155), meaning that only
privileges for the launching method used during the skill test shall be included in an
initially issued SPL. Privileges for additional launching methods can be obtained via
additional training. During the sailplane workshop, it was agreed that an initially issued
SPL should also include launching methods that were not included in the skill test but
were sufficiently trained during the training course.
The final version of point SFCL.155 therefore allows an SPL holder to use all launching
methods for which the minimum training requirements as established in this point have
been complied with, either during the SPL training course (point SFCL.130), the training
for obtaining sailplane privileges (for SPLs initially issued with TMG privileges only —
point SFCL.150(e)(1) or additional training provided by an instructor after the issue of
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the SPL. The completion of the training on the relevant launching method will be
recorded through logbook entries signed by the head of training of the ATO or the DTO
or the instructor, as applicable. Licence endorsements by the competent authority
related to launching methods will no longer be necessary.
2.4.4.6. Additional launching method: ‘gravity launch’
In some Member States, sailplanes are also launched by letting them run down a runway
that is built on a hillslope. During the sailplane workshop, a long discussion took place
whether minimum training requirements for this method, referred to as ‘gravity
launch’, should be added to Part-SFCL. Some participants did not see a need to regulate
this while others held the opinion that Part-SFCL as a comprehensive regulatory
framework for European sailplane licences should consider also ‘gravity launch’, as it is
practised in some Member States.
It was finally decided to take a flexible approach: an additional requirement has been
added to point SFCL.155 which requires sailplane pilots to comply with training
requirements determined by the competent authority for further launching methods
not covered by this point.
2.4.4.7. Scope of basic aerobatic privileges
EASA received some comments which contained proposals for extending the scope of
the basic aerobatic privileges by adding manoeuvres such as the lazy eight, immelman,
hammerhead, stall turns, chandelles, and clover leaf.
EASA, together with the RMT.0701 expert group assessed these comments and finally
concluded that widening the scope of the basic aerobatic privileges to a number of
additional manoeuvres would contradict the initial idea and concept of the basic
aerobatic privileges which was to establish a clear step between basic and advanced
aerobatic privileges. Also, due to the nature of basic privileges and the related reduced
and simplified training requirements, the intention was to exclude all manoeuvres
which, in the case of wrong pilot input, could easily end up in a highly dangerous flight
condition.
In this context, it was decided to add the lazy-eight manoeuvre and to specify in the list
of basic aerobatic manoeuvres that only ‘inside’ loops are included.
One specific comment argued that specific training on spins could add additional
general safety benefits, not only limited to aerobatic flight. It was therefore finally
decided to add also spins to the basic aerobatic training and privileges.
2.4.4.8. Banner towing rating
The initial draft of Part-SFCL did not take over from Part-FCL the banner towing rating
for sailplane pilots, as it had been believed to be not relevant for sailplanes. However,
some participants in the sailplane workshop argued that banner towing with TMGs is a
relevant activity in their Member States.
The scope of point SFCL.205 was therefore extended to include also a banner towing
rating, as it is the case in point FCL.805 of Part-FCL today.
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In this context, another comment highlighted that today the training scope of a sailplane
DTO does not include training for a banner towing rating (see point DTO.GEN.110(a)(3)).
Point DTO.GEN.110(a)(3) will therefore be amended to include training for the banner
towing (with TMGs).
2.4.4.9. Cloud flying training under engine power
Today, point FCL.830 of Part-FCL excludes TMGs from sailplane cloud flying, with the
intention that the privileges of the sailplane cloud flying shall not be used for motor-
powered flights in clouds. In new point SFCL.215, this exclusion of TMGs is replaced by
a general limitation of the exercise of cloud flying privileges to flights without engine
power. However, during the sailplane workshop, some participants stated that a certain
part of the training for sailplane cloud flying privileges should be allowed with motor
power, given that such training flights are conducted in VMC and the student wears an
IFR training hood. Such a possibility would provide more flexibility with regard to
sailplane cloud flying training.
It was finally agreed to allow that 50 % of the actual practical training time (which could
be more than the minimum of 2 hours) may be completed in TMGs with engine power
in VMC and with the student wearing an IFR training hood. Point SFCL.215(b)(2)(ii) has
been updated accordingly.
2.5. What are the expected benefits and drawbacks of the proposals
2.5.1. General
As explained in Section 2.1., due to repeated stakeholder input, particularly from those Member
States which have already implemented Part-FCL also for balloons and sailplanes, the decision was
taken to simplify the regulatory framework for balloon and sailplane flight crew licensing, when
transferring the respective requirements from Part-FCL to the new Balloon Regulation and the
new Sailplane Regulation. The impact of such simplified requirements, as presented in the
previous chapters, is assessed in the following sections. In this context, the statistical data for
balloon and sailplane activities, as described in Section 2.5 of EASA Opinion No 01/201616 as well
as in Chapter 3 of EASA Opinion No 07/201717, should be taken into consideration.
2.5.2. Overview of the different options
Table 1 — Selected policy options
Option Short title Description
No
0 Part-FCL unchanged No policy change: the current Part-FCL requirements for
balloons and sailplanes continue to be implemented or, as
regards those Member States who made use of the respective
16 Opinion No 01/2016 ‘Revision of the European operational rules for balloons’ (RMT.0674) (https://www.easa.europa.eu/document-
library/opinions/opinion-012016).
17 Opinion No 07/2017 ‘Revision of the operational rules for sailplanes’ (RMT.0698) (https://www.easa.europa.eu/document-library/opinions/opinion-
072017).
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opt-outs, are implemented after these opt-outs terminate in
April 2020.
Part-FCL requirements for balloons and sailplanes are
transferred to the new Balloon Regulation and the new
Sailplane Regulation without any changes to the content.
1 Simplified European Part-FCL requirements are revised, as described in detail in
FCL requirements Section 2.3., in order to address major issues identified for
for balloons and balloons and sailplanes as described in Section 2.1. Examples of
sailplanes major changes are the following:
— Deletion of the LAPL and compatibility of BPL/SPL with an
LAPL medical, except for commercial passenger flights;
— Simplification of recency requirements for BPL/SPL holders;
— Commercial operation rating for BPL holders;
— Basic aerobatic privileges for SPL holders;
— Simplified obtainment of additional privileges for SPL
holders;
— Simplification of the requirements for flight instructors and
examiners;
— Option for Member States to implement modular training
routes towards BPL/SPL.
2 National rules for Stop the implementation of the current Part-FCL requirements
balloon and for balloons and sailplanes and allow continued application of
sailplane FCL national FCL requirements for balloons and sailplanes. This
option would however not be in line with the overall objective
to have standardised rules that ensure a high and uniform level
of safety in all Member States and is therefore discarded.
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2.5.3. Analysis of the impacts of different options
The following tables present the impacts of each different option (Table 2a for Option 0 and
Table 2b for Option 1). Each impact is scored with 0 (neutral), + (positive), – (negative) or a
combination of + and – (±).
Table 2a: Option 0 ‘Part-FCL unchanged’
Criteria Description of the impact Result
Safety impact No impact. The current safety level is maintained. 0
Social impact A negative social impact could be expected as the complex and — to some
extent — overregulating Part-FCL requirements in the context of balloons
and sailplanes could lead to a negative effect on the acceptance of relevant
–
industry (pilots, training organisations). Some of the existing pilots,
instructors, examiners or training organisations may stop their activities due
to the overdemanding regulation.
Economic A negative economic impact is expected as the overcomplex and
impact overdemanding Part-FCL requirements for balloons and sailplanes result in
administrative costs for stakeholders which are not proportionate when –
considering the nature of balloons and sailplanes and the operation of these
aircraft.
GA and A negative impact on the GA community can be expected from the full
proportionality implementation of Part-FCL, as it is too complex and overregulating in the –
context of balloons and sailplanes (refer to Section 2.1. for further details).
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Table 2b: Option 1 ‘Simplified European FCL requirements for balloons and sailplanes’
Criteria Description of the impact Result
Safety impact No impact. While Part-BFCL and Part-SFCL will provide a simplified and less
demanding regulatory framework, minima as necessary for the safe conduct
of particular activities (e.g. general recency, commercial operation,
0
providing instruction) are kept. At the same time, a simple set of rules
tailored to the industry’s needs is more likely to be accepted and duly
applied by stakeholders.
Social impact A positive social impact could be expected as a simplified and proportionate
regulatory framework which is tailored to the needs of the industry could
lead to a positive effect on the acceptance of relevant industry (pilots,
training organisations). Such simplified requirements are more likely to be
+
duly applied and will contribute to a harmonised application of European
standards. Additionally, simplified rules will make access to balloon and
sailplane activities easier and will thereby support a positive development
and growth of these aviation sectors.
Economic A positive economic impact can be expected as a simplified and less
impact demanding regulatory framework will result in reduced administrative
burden and costs for both the industry and competent authorities. It will be
more affordable to obtain and maintain pilot privileges. Training +
organisations will benefit from flexible training requirements tailored to the
needs of the relevant aircraft category which will reduce costs also for
training providers.
GA and A positive impact on the GA community is expected in the context of the
proportionality impacts described above. The new Part-BFCL and the new Part-SFCL are in
line with the objectives of the EASA GA Road Map and contain a simpler, +
lighter and better regulatory framework for balloon and sailplane FCL,
compared to the present Part-FCL requirements.
2.5.4. Conclusion
Table 2d: Overall impacts of all options
Criteria Option 0 Option 1
Part-FCL unchanged Simplified European
FCL requirements for
balloons and
sailplanes
Safety 0 0
Social – +
Economic – +
GA and – +
proportionality
Overall – +
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2. In summary — why and what
As illustrated in Table 2a, Option 0 (‘Part-FCL unchanged’) will have no safety impact but is
expected to have negative social and economic impacts as well as a negative impact on the GA
community.
As illustrated in Table 2b, Option 1 (‘Simplified European FCL requirements for balloons and
sailplanes’) will have no safety impact and, additionally, is expected to have positive social and
economic impacts as well as a positive impact on the GA community.
In summary, Option 1 is considered to be the best option to appropriately address the issue as it
has no negative impact on safety, it has positive social and economic impacts as well as a positive
impact on GA, and is the only option that has no negative impacts on any of the domains that have
been assessed.
2.6. How we monitor and evaluate the rules
The implementation of Part-BFCL and Part-SFCL will be monitored and evaluated through the continued
exchange of information between EASA and the Member States during EASA Advisory Body meetings as
well as during standardisation inspections.
It is recommended that the following monitoring indicators be used to review the implementation of
the new provisions:
Table: Proposed indicative indicators to monitor the implementation of the rules
Monitoring indicator Source of data Indicative frequency
Number of BPL Standardisation data Annually
Number of SPL Standardisation data Annually
Number of BPL/SPL holders Standardisation data Annually
with LAPL medical
certificate
Assessment of the cases EASA Safety Review Annually
where sailplane training
was a factor in a safety
incident/accident
Assessment of the cases EASA Safety Review Annually
where balloon training was
a factor in a safety
incident/accident
Based on the monitoring results, EASA may undertake an evaluation of the impact of the adopted rules.
This evaluation shall assess the achieved impact of the changes versus the expected consequences, and
shall conclude on the overall relevance, effectiveness and efficiency of the rules.
Cologne, 18 February 2019
Patrick KY
Executive Director
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3. References
3. References
3.1. Affected regulations
— 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)
— Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the
operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and
the Council (OJ L 71/10, 14.03.2018, p. 10)
— Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed
rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European
Parliament and of the Council (OJ L 326, 20.12.2018, p. 64)
3.2. Related decisions
— Decision No 2011/016/R of the Executive Director of the European Aviation Safety Agency of
15 December 2011 on Acceptable Means of Compliance and Guidance Material to 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 (‘Acceptable Means of Compliance
and Guidance Material to Part-FCL’), as amended
— Decision No 2012/006/R of the Executive Director of the Agency of 19th April 2012 on Acceptable
Means of Compliance and Guidance Material to 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 (‘Acceptable Means of Compliance and Guidance Material to Part-ARA’), as amended
— Decision No 2012/007/R of the Executive Director of the Agency of 19th April 2012 on Acceptable
Means of Compliance and Guidance Material to 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 (‘Acceptable Means of Compliance and Guidance Material to Part-ORA’), as amended
— Decision No 2018/009/R of the Executive Director of the Agency of 14 September 2018 issuing
Acceptable Means of Compliance and Guidance Material to Regulation (EU) No 1178/2011 and to
its Annex VIII (Part-DTO) (‘AMC/GM to Part-DTO’), as amended
3.3. Other reference documents
— 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
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3. References
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 3922/91 (OJ L 212, 22.8.2018, p. 1)
— General Aviation Road Map (http://easa.europa.eu/easa-and-you/general-aviation)
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4. Appendices
4. Appendices
Note: The remark ‘No differences’ in the column ‘Differences/remarks’ indicates that there are no differences between Part-BFCL/Part-SFCL and Part-
FCL with regard to the content of the relevant requirements (e.g. training hours, flight experience required), even if in some cases the text has been
restructured and rearranged (e.g. wording improved for clarity, lists introduced, terminology and wording adjusted for balloons or sailplanes, more
than one Part-FCL point merged into one Part-BFCL/Part-SFCL point). Additionally, where necessary and not already explained in Chapters 2.3.2., 2.3.3.
and 2.3.4., a brief justification for the changes to the content of a requirement is given in italics.
4.1. Appendix 1: Content of Part-BFCL and comparison with Part-FCL
Part-BFCL Content Part-FCL Differences/remarks
reference cross reference
Subpart GEN
BFCL.001 Scope FCL.005 No differences
BFCL.005 Competent authority FCL.001 No differences
BFCL.010 Classes and groups of balloons AMC1 FCL.225.B — Classes and groups of balloons are now set out at rule level.
— Subdivision into groups only kept for hot-air balloons.
For other classes, such a subdivision does not have a large practical impact and
can be deleted.
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BFCL.015 Application for and issue, FCL.015 — Text of point FCL.015(a) transferred to point BFCL.015(a) and (b).
revalidation and renewal of a BPL
— Point BFCL.015(a) restructured to contain a list and reworded to reflect that only FI/FE
as well as associated privileges,
certificates are subject to revalidation and renewal.
ratings and certificates
— Insertion of the term ‘privileges’ (class privileges).
— Paragraphs (e) and (f): all Part-FCL/BFCL/SFCL licences held by a pilot need to be
issued in the same Member State. In case of licence transfer, all Part-FCL/BFCL/SFCL
licences held by that pilot need to be transferred together.
— New paragraph (g) to limit the validity period of a skill test or assessment of
competence for the issue of the relevant licence, rating or certificate to 6 months (as
also proposed for point FCL.015 of Part-FCL with NPA 2016-16).
BFCL.030 Practical skill test FCL.030(b) — No differences
— Point FCL.030(a) covered by point BFCL.145(c).
BFCL.035 Crediting of flight time FCL.035(a)(2)(i) — No differences
— Rest of point FCL.035 not relevant for balloons:
paragraph (a)(1) not necessary as the whole Part-BFCL is about balloons only;
paragraph (b) is about theory credits not relevant for balloons (hence point
BFCL.035 is named ‘Crediting of flight time’; for crediting of theoretical
knowledge, refer to point BFCL.140).
BFCL.045 Obligation to carry and present FCL.045 New document to carry: logbook data for demonstrating compliance with recency
documents requirements that are only recorded in the logbook.
BFCL.050 Recording of flight time FCL.050 No differences
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BFCL.065 Curtailment of privileges of a BPL FCL.065 Term ‘commercial air transport’ replaced by ‘commercial passenger ballooning (CPB)’
holder aged 70 years or older in (terminology from Part-BOP).
commercial passenger ballooning
BFCL.070 Limitation, suspension and FCL.070 Reference to the essential requirements of the Basic Regulation added.
revocation of licences, privileges,
Reference to ‘operational requirements’ replaced by a reference to Annex II (Part-BOP)
ratings and certificates
to Commission Regulation (EU) 2018/395.
Subpart BPL
BFCL.115 Privileges and conditions FCL.205.B — Reference to new commercial operation rating instead of requirements on how to lift
a restriction to non-commercial operation.
FCL.040
— Point BFCL.115(c) reflects the content of point FCL.040.
BFCL.120 Minimum age FCL.200(b) No differences
BFCL.125 Student pilot FCL.020 No differences
BFCL.130 Training course and experience FCL.210.B Only hot-air balloon (group A only) or gas balloons can be used for initial BPL training.
requirements
Larger balloons will require to carry more people which is not to be done during
initial licence training. Before extending privileges to larger balloons, experience
with smaller balloons shall be acquired.
BFCL.135 Theoretical knowledge FCL.025 No differences
examination
FCL.215
BFCL.140 Crediting of theoretical knowledge Appendix 1, No differences
Section A,
points 1.1., 1.2.
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BFCL.145 Practical skill test FCL.030(a) No differences
FCL.235
BFCL.150 Extension of privileges to another FCL.135.B — Subdivision into group only for hot-air balloons (see also point BFCL.010).
balloon class or group
FCL.225.B(b) — Gas balloons with an envelope size of more than 1 260 m3: minimum experience
requirement of 50 hours of flight time deleted.
The practical relevance of such a prerequisite is very low, due to minor envelope
steps of gas balloons and respective minor handling differences between
different envelope steps.
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BFCL.160 Recency requirements FCL.230.B — Time frame for the training flight extended from 24 to 48 months.
— Introduction of the option to ‘fly dual’ in order to keep recent experience in general
(point BFCL.160(a)(1)(i)), therefore no need for further keeping an additional
‘renewal’; option similar to points FCL.140.B(b) and FCL.230.B(c).
— Hot-air balloons: not only in the case of the training flight but also in case of a
proficiency check, the recency is kept only for the hot-air balloon group (and hot-air
balloon groups with smaller envelope size) used (other balloon classes are no longer
subdivided into groups; see point BFCL.010).
— Paragraph (b) (cross-class credit): no minimum number of take-offs/landings
mentioned.
More flexibility
— If training flight is completed in another balloon class and hot-air balloon class
privileges are also held recency in hot-air balloons only maintained for group A.
For keeping privileges for hot-air balloons with bigger envelope sizes, recent
experience with such classes is needed and no cross-crediting from other balloon
classes should be possible.
— Credits for holders of a commercial operation rating.
— No additional (advanced) recency requirements for non-commercial carriage of
passengers (requirements of Part-FCL, point FCL.060 not taken over). For recency
requirements related to commercial passenger ballooning, refer to point BFCL.220.
Subpart ADD
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BFCL.200 Tethered hot-air balloon flight FCL.130.B — Formal rating, limited to hot-air balloons.
rating
No practical relevance for other balloon classes.
— Training requirements: reduced from 3 to 2 training flights.
Tethered flight, being a non-complex type of operation, reuses skills already
obtained during BPL training, hence this reduction of minimum training
requirements (proportionality).
— Recency requirements: reduced from 2 flights in 24 months to 1 flight in 48 months.
See justification in the previous indent.
BFCL.210 Night rating FCL.810(c) No differences
BFCL.215 Commercial operation rating FCL.205.B(b) — Formal rating.
— Prerequisite: relevant class privileges need to be held.
— For initial issue: skill test (instead of proficiency check).
— Extension to other classes: skill test required.
— Recency requirements introduced.
— Credits for operator proficiency checks completed in accordance with Part-BOP.
Subpart FI
BFCL.300 Flight instructor certificates FCL.900 Updated in coordination with RMT.0188 ((FCL.002(a))) (Opinion No 05/2017
‘Amendments to Commission Regulation (EU) No 1178/2011’).
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BFCL.315 Privileges and conditions FCL.905.FI — Instructional privileges for the night rating: no more ‘demonstration of ability’ to an
FI required.
Minor differences between night and day balloon instruction allow such a
simplification.
— Instructional privileges for the tethered flight rating: now mentioned in Part-BFCL
(tethered flight extension not mentioned in FCL.905.FI).
— Instructional privileges for the FI certificate:
prerequisite of ‘50 take-offs and landings’ deleted
The remaining ‘50 hours of flight instruction’ is sufficient and understood to
cover all relevant phases of a balloon flight.
assessment of competence replaced by providing 1 hour of flight instruction
under supervision
More proportional and practical approach.
BFCL.320 Prerequisites and requirements FCL.900(a)(1) and (2) No differences
FCL.915(a), (b)(1) and
(3)
FCL.930
FCL.935
BFCL.325 Instructor competencies and FCL.920 No differences
assessment thereof
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BFCL.330 Training course FCL.930.FI — Pre-course assessment of the candidate does not necessarily need to contain a flight
and can be completed within the preceding 12 months (instead of 6 months).
More flexibility is given to training organisations by allowing them to decide on
a case-by-case basis whether or not to include a flight in the pre-course
assessment, as necessary. AMC/GM is planned to provide further explanations.
— Theoretical knowledge course:
minimum duration reduced from 30 to 12 hours (excluding teaching and learning)
Applicants for an FI(B) certificate are not ab initio students and do not need to
be retaught basic ballooning knowledge. The purpose of the FI course is to
strengthen the already existing balloon theoretical knowledge of the applicants
of an FI certificate, and for this purpose, 12 hours have been considered
to be sufficient, leading also to a significant alleviation in FI training.
reference to point BFCL.325 included
BFCL.345 Assessment of competence FCL.935 — Assessment of competence does not necessarily take place in the balloon class used
during the FI training course.
The focus of the FI(B) assessment is on the candidate’s instructional
competence, not on the competence regarding a specific balloon class.
Considering that in most cases the balloon class used for the FI training will be
the one to be used for the assessment of competence, it was still the intention
to provide more flexibility also in this area.
— Consequences of a failed assessment of competence (point FCL.935(d)) moved to
point BFCL.360(e).
BFCL.360 Recency requirements Revalidation requirements replaced by recency requirements (see Section 2.3.2.2.).
Subpart FE
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BFCL.400 Flight examiner certificates FCL.1000 Updated in coordination with RMT.0188 ((FCL.002(a))) (Opinion No 05/2017
‘Amendments to Commission Regulation (EU) No 1178/2011’).
BFCL.405 Limitation of privileges in case of FCL.1005 — Amount of allowed training involvement for examiners raised to 50 % of the training
vested interests course duration.
More flexibility with regard to the relatively small balloon community in some
Member States.
— No exclusion in case of being responsible for the recommendation for the skill test
(point FCL.1005(a)(2) also proposed to be deleted with Opinion No 05/2017
‘Amendments to Commission Regulation (EU) No 1178/2011’).
BFCL.410 Conduct of skill test, proficiency FCL.1030 No differences, but terminology adjusted (‘privileges’).
checks and assessments of
competence
BFCL.415 Privileges and conditions FCL.1005.FE(e) — General prerequisite of 50 hours as FI is to have covered the full BPL syllabus (in order
to ensure that the applicant has gained experience as an instructor in all phases of a
FCL.1010.FIE(e)
balloon flight).
— Prerequisites for instruction for commercial operation privileges (now: commercial
operation rating): no hourly requirements, but examiner standardisation needs to
cover this activity.
More proportionate and practical approach.
— No separate FIE certificate, privileges to assess applicant FIs are included in the FE
certificate with the following prerequisites:
350 hours total flight time (like Part-FCL);
5 hours as FI instructor (Part-FCL: 10 hours);
no separate assessment of competence — examiner standardisation needs to
cover this activity.
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BFCL.420 Prerequisites and requirements FCL.1000(a)(1) and No differences
(2)
FCL.1010
FCL.1015
FCL.1020
FCL.1010.FE
BFCL.430 Standardisation course FCL.1015 Course content: at least 1 test profile (Part-FCL: 2 test profiles).
BFCL.445 Assessment of competence FCL.1020 No differences
BFCL.460 Validity, revalidation and renewal FCL.1025 — Validity period extended to 5 years.
— Revalidation requirements (see Section 2.3.2.3.):
no minimum number of skill tests, proficiency checks or assessments of
competence;
reassessment (skill test, proficiency check or assessment of competence under
supervision) within the last 24 months instead of 12 months.
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4.2. Appendix 2: Content of Part-SFCL and comparison with Part-FCL
Part-SFCL Content Part-FCL Differences/remarks
reference cross reference
Subpart GEN
SFCL.001 Scope FCL.005 No differences
SFCL.005 Competent authority FCL.001 No differences
SFCL.015 Application for and issue, FCL.015 — Text of point FCL.015(a) transferred to point SFCL.015(a) and (b).
revalidation and renewal of an SPL
— Point SFCL.015(a) restructured to contain a list and reworded to reflect that only FI/FE
as well as associated privileges,
certificates are subject to revalidation and renewal.
ratings and certificates
— Insertion of the term ‘privileges’ (class privileges).
— Paragraphs (e) and (f): all Part-FCL/BFCL/SFCL licences held by a pilot need to be
issued in the same Member State. In case of licence transfer, all Part-FCL/BFCL/SFCL
licences held by that pilot need to be transferred together.
— New paragraph (g) to limit the validity period of a skill test or assessment of
competence for the issue of the relevant licence, rating or certificate to 6 months (as
also proposed for point FCL.015 of Part-FCL with NPA 2016-16).
SFCL.030 Practical skill test FCL.030(b) — No differences.
— Point FCL.030(a) covered by point SFCL.145(c).
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SFCL.035 Crediting of flight time FCL.035(a)(2)(i) — No differences.
— Rest of point FCL.035 not relevant for sailplanes:
paragraph (a)(1) not necessary as the whole Part-SFCL is about sailplanes only;
paragraph (b) is about theory credits not relevant for sailplanes (hence point
SFCL.035 is named ‘Crediting of flight time’; for crediting of theoretical knowledge,
refer to point SFCL.140).
SFCL.045 Obligation to carry and present FCL.045 — New document to carry: logbook data for demonstrating compliance with recency
documents requirements that are only recorded in the logbook.
— For local flights, all documents can be retained at the aerodrome.
SFCL.050 Recording of flight time FCL.050 No differences
SFCL.065 Curtailment of privileges of an SPL FCL.065 Term ‘commercial air transport’ replaced by ‘commercial sailplane operation’.
holder aged 70 year or older in
commercial passenger ballooning /
commercial passenger sailplane
operation
SFCL.070 Limitation, suspension and FCL.070 Reference to the essential requirements of the Basic Regulation added.
revocation of licences, privileges,
Reference to ‘operational requirements’ replaced by a reference to Annex II (Part-SAO)
ratings and certificates
to Commission Implementing Regulation (EU) 2018/1976.
Subpart SPL
SFCL.115 Privileges and conditions FCL.205.S — Privileges for carrying passengers: additional flight with FI(S) required in order to
demonstrate the necessary competence.
FCL.040
— Privileges for commercial operations: no proficiency check required.
— Point SFCL.115(c) reflects the content of point FCL.040.
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SFCL.120 Minimum age FCL.200(b) No differences
SFCL.125 Student pilot FCL.020 No differences
SFCL.130 Training course and experience FCL.110.S — Text restructured in order to allow different training routes for ab initio sailplane
requirements and/or TMG privileges (see also point SFCL.145(b)).
FCL.210.S
— Minimum training elements for both sailplanes and TMGs defined (for TMGs,
FCL.135.S(a)
modelled on point FCL.135.S(a)).
— Credits for holders of licences for other aircraft categories: credit includes also
10 launches.
Point FCL.210.S(b) final paragraph provided credits only for up to 7 hours, but
not for launches. Hence, still 45 launches had to be made in 8 hours (15 minus 7
hours) of training, which was identified to be inconsistent with the general
crediting approach.
SFCL.135 Theoretical knowledge FCL.025 No differences
examination
FCL.215
SFCL.140 Crediting of theoretical knowledge Appendix 1, No differences
Section A,
points 1.1., 1.2.
SFCL.145 Practical skill test FCL.030(a) Use of either sailplane or TMG for the skill test dependent on compliance with the
relevant minimum training requirements as set out in point SFCL.130.
FCL.235
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SFCL.150 Sailplane and TMG privileges New (sailplanes) — Acquisition of sailplane/TMG privileges dependent on aircraft used for the skill test
(see point SFCL.145).
FCL.135.S (TMG)
— Minimum training requirements to extend privileges from sailplanes to TMGs
(modelled on point FCL.135.S(a)), and from TMGs to sailplanes (new).
— TMG privileges: credits for TMG privileges held in accordance with Part-FCL.
SFCL.155 Launching methods FCL.130.S — All launching methods sufficiently trained during the SPL training course are included
in the SPL, when initially issued.
— Completion of the minimum training requirements for the relevant launching
methods is recorded by the ATO/DTO or, in the case of additional launching training
after the issue of the SPL, the instructor in the pilot’s logbook (see Section 2.3.4.1.).
SFCL.160 Recency requirements FCL.140.S — Completely revised in order to allow combined sailplane/TMG activity for maintaining
recency (see last paragraph in Section 2.3.4.3).
FCL.060
— Introduction of the option to ‘fly dual’ in order to keep recent experience in general
(point SFCL.160(a)(1) and (b)(1)), therefore no need for further keeping an additional
‘renewal’ — option similar to point FCL.140.S(c). In this context, it is also made
possible to include the 2 training flights with an FI into the overall 5-hour flight time
requirement.
Part-ADD
SFCL.200 Aerobatic privileges FCL.800 — Basic aerobatic and advanced aerobatic privileges (see Section 2.3.4.5.).
— Changed from ‘rating’ endorsed on the licence to ‘privileges’ obtained after
completion of training is recorded by the ATO/DTO in the pilot’s logbook (see
Section 2.3.4.1.).
SFCL.205 Sailplane towing and banner FCL.805 Crediting provision added for holders of a towing rating issued in accordance with
towing rating Part-FCL, point FCL.805.
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SFCL.210 TMG night rating FCL.810 Crediting provision added for holders of a night rating issued in accordance with Part FCL,
point FCL.810.
SFCL.215 Sailplane cloud flying privileges FCL.830 — Changed from ‘rating’ endorsed on the licence to ‘privileges’ obtained after
completion of training is recorded by the ATO/DTO in the pilot’s logbook (see
Section 2.3.4.1.).
— Prerequisites: flight experience reduced from 30 to 15 hours.
15 hours of experience have been identified to be sufficient.
— TMGs with stopped engine included.
— 50 % of the actual course duration (2 hours of flight instruction is only the minimum
required) can be completed in TMGs under engine power in VMC.
During the focused consultation workshop on 26 June 2018, it was agreed
that such motor-powered training flights should be possible when the students
wears the IFR training hood (AMC to be developed).
— Skill test deleted (same logic as for aerobatic privileges).
More proportionate and practical approach (as already the case in national
sailplane regulations).
Subpart FI
SFCL.300 Flight instructor certificates FCL.900 Updated in coordination with RMT.0188 (FCL.002(A)) (Opinion No 05/2017
‘Amendments to Commission Regulation (EU) No 1178/2011’).
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SFCL.315 Privileges and conditions FCL.905.FI — Instructional privileges for launching methods: minimum experience requirements
defined for aerotow and winch launch.
FCL.915.FI(e)
Necessary in order to ensure sufficient experience before providing instruction in
those launching methods.
— Instructional privileges for the TMG privileges: assessment of competence replaced
by ‘demonstration of ability to instruct to an FI instructor’ + preceding TMG training
during FI course.
More proportionate and practical approach.
— Instructional privileges for the FI certificate: assessment of competence replaced by
‘demonstration to an FI instructor of the ability to instruct applicants for an instructor
certificate’.
More proportionate and practical approach.
SFCL.320 Prerequisites and requirements FCL.900(a)(1) and (2) No differences
FCL.915(a), (b)(1) and
(3)
FCL.930
FCL.935
SFCL.325 Instructor competencies and FCL.920 No differences
assessment thereof
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SFCL.330 Training course FCL.930.FI — Pre-course assessment of the candidate does not necessarily need to contain a flight
and can be completed within the preceding 12 months (instead of 6 months).
— Theoretical knowledge course: reference to point BFCL.325 included.
— Term ‘take-off’ replaced by ‘launches’.
‘Launches’ is the term usually to be used when referring to pure gliding
operations. However, and notwithstanding point SFCL.330(b)(2) (TMG
instructional privileges), TMGs may be used for up to 3 hours out of the 6 hours
of flight instruction).
— Instructional privileges for the TMG privileges: clarification that 6 hours of TMG
training are ‘in addition’ to the standard FI training course duration.
SFCL.345 Assessment of competence FCL.940.FI — Assessment of competence needs to take place on sailplanes, excluding TMGs.
— Consequences of a failed assessment of competence (point FCL.935(d)) moved to
point SFCL.360(d).
SFCL.350 Restricted privileges FCL.910.FI — Scope of ‘FI restricted’: training for night rating excluded, training for aerobatic
privileges included.
Intention: training for additional ratings/privileges requiring solo flights is
excluded, everything else is included.
— ‘FI restricted’ with completed FI TMG training (point SFCL.330(b)(2)): part of FI
experience needed for lifting the restriction can be completed on TMGs.
SFCL.360 Recency requirements Revalidation requirements replaced by recency requirements (see Section 2.3.2.2.).
SFCL.400 Flight examiner certificates FCL.1000 Updated in coordination with RMT.0188 (FCL.002(A)) (Opinion No 05/2017
‘Amendments to Commission Regulation (EU) No 1178/2011’).
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SFCL.405 Limitation of privileges in case of FCL.1005 — Amount of allowed training involvement for examiners raised to 50 % of the training
vested interests course duration.
— No exclusion in case of being responsible for the recommendation for the skill test
(point FCL.1005(a)(2) also proposed to be deleted with Opinion No 05/2017
‘Amendments to Commission Regulation (EU) No 1178/2011’).
SFCL.410 Conduct of skill test, proficiency FCL.1030 No differences, but terminology adjusted (‘privileges’).
checks and assessments of
competence
SFCL.415 Privileges and conditions FCL.1005.FE(d) — Privileges for conducting skill tests for the sailplane cloud flying privileges as well as
proficiency checks for commercial operation privileges deleted (no more skill
FCL.1010.FIE(d)
test/proficiency check necessary, see points SFCL.115 and SFCL.220).
— No separate FIE certificate, privileges to assess applicant FIs are included in the FE
certificate with the following prerequisites:
flight experience as FI instructor: 10 hours or 30 launches/take-offs and landings
on sailplanes/TMGs, as applicable (like in Part-FCL);
no separate assessment of competence — examiner standardisation needs to
cover this activity.
SFCL.420 Prerequisites and requirements FCL.1000(a)(1) and No differences
(2)
FCL.1010
FCL.1015
FCL.1020
FCL.1010.FE
SFCL.430 Standardisation course FCL.1015 No differences
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SFCL.445 Assessment of competence FCL.1020 No differences
SFCL.460 Validity, revalidation and renewal FCL.1025 — Validity period extended to 5 years.
— Revalidation requirements (see Section 2.3.2.3.):
no minimum number of skill tests, proficiency checks or assessments of
competence;
reassessment (skill test, proficiency check or assessment of competence under
supervision) within last 24 months instead of 12 months.
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An agency of the European Union
EUROPEAN
COMMISSION
Brussels, XXX
[…](2019) XXX draft
Annex Ia to EASA Opinion No 01/2019
COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
amending Commission Regulation (EU) No 1178/2011 as regards the introduction of the
basic instrument rating, and the deletion of the en route instrument rating as well as of
the flight crew licensing requirements for balloons and sailplanes
EN EN
DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
amending Commission Regulation (EU) No 1178/2011 as regards the introduction of the
basic instrument rating, and the deletion of the en route instrument rating as well as of
the flight crew licensing requirements for balloons and sailplanes
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 3922/91 (1), and in particular Articles 23 and 27 thereof,
Whereas:
(1) Commission Regulation (EU) No 1178/2011 (2) lays down the requirements for pilots
who are involved in the operation of aircraft as specified in points (b)(i) and (ii) of
Article (2)(1) of Regulation (EU) 2018/1139. Such implementing rules have been
adopted with Commission Regulation (EU) No 1178/2011.
(2) In light of the specific nature of flight crew licensing for balloons and sailplanes, there
is a need for dedicated licensing requirements that are laid down in self-standing
regulations. Those rules should be based on the general rules for flight crew licensing
that are laid down in Commission Regulation (EU) No 1178/2011, but they should be
restructured and simplified, in order to ensure that they are proportionate and founded
on a risk-based approach, whilst ensuring that balloon and sailplane pilots are and
continue to be competent to carry out their activities and to discharge their
responsibilities.
(3) These new licensing requirements for balloon and sailplane pilots should be laid down
in Commission Regulation (EU) 2018/395 (3) (the balloon operations regulation) and
Commission Implementing Regulation (EU) 2018/1976 (4) (the sailplane operations
regulation). At the same time, the licensing requirements that are related to balloon and
sailplane pilot licences and that are laid down in Annex I (Part-FCL) to Commission
( 1) OJ L 212, 22.8.2018, p. 1.
( 2) 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).
( 3) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation
of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ
L 71, 14.3.2018, p. 10).
( 4) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules
for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of
the Council (OJ L 326 , 20.12.2018, p. 64).
EN 1 EN
Regulation (EU) No 1178/2011 should be deleted, and those requirements of Annex I
(Part-FCL) that address cross-domain issues, such as crediting provisions between
balloon or sailplane pilot licences and licences for other aircraft categories, should be
revised in order to consider the new licensing requirements for balloon and sailplane
pilots.
(4) The requirements of Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII
(Part-DTO) to Commission Regulation (EU) No 1178/2011 should continue to apply to
balloon and sailplane flight crew licensing.
(5) In order to further improve aviation safety, pilots that are engaged in aerial sport and
recreational activities should be more encouraged to obtain privileges for flying in
accordance with instrument flight rules (IFR). Hence, the existing rules concerning IFR
privileges should be adapted by introducing the basic instrument rating (BIR) in
Annex I (Part-FCL). The BIR should be specifically tailored to the needs of pilots that
are engaged in aerial sport and recreational flying activities as regards the content of
their training and the scope of their privileges.
(6) With the introduction of the BIR, the already existing EIR in point FCL.825 of Annex I
(Part-FCL) is redundant and should be deleted. Existing EIR holders should be entitled
to continue to exercise their privileges and should receive credits when they seek to
obtain a BIR.
(7) Training for an EIR that commenced prior to the application of this Regulation should
be allowed to be completed, and the issue of an EIR should follow within a given
transitional period.
(8) The measures provided for in this Regulation are based on Opinion No 01/2019 (5) of
the European Union Aviation Safety Agency in accordance with point (b) of
Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139.
(9) The measures provided for in this Regulation are in accordance with the opinion of the
committee established by Article 127 of Regulation (EU) 2018/1139,
HAS ADOPTED THIS REGULATION:
Article 1
Commission Regulation (EU) No 1178/2011 is amended as follows:
(1) Article 1 is replaced by the following:
‘Article 1
Subject matter
1. This Regulation lays down detailed rules for:
(a) different ratings for pilot licences, the conditions for issuing, maintaining,
amending, limiting, suspending or revoking pilot licences, the privileges and
responsibilities of the holders of pilot licences, the conditions for the
conversion of existing national pilot licences and of national flight engineer
licences into pilot licences, as well as the conditions for the acceptance of
pilot licences issued by third countries;
( 5) https://www.easa.europa.eu/document-library/opinions
EN 2 EN
(b) the certification of persons that are responsible for providing flight training
or flight simulation training and for assessing pilots’ skills;
(c) different medical certificates for pilots, the conditions for issuing,
maintaining, amending, limiting, suspending or revoking medical certificates,
the privileges and responsibilities of the holders of medical certificates as well
as the conditions for the conversion of national medical certificates into
mutually recognised medical certificates;
(d) the certification of aero-medical examiners, as well as the conditions under
which general medical practitioners may act as aero-medical examiners;
(e) the periodical aero-medical assessment of cabin crew members, as well as the
qualifications of persons who are responsible for this assessment;
(f) the conditions for issuing, maintaining, amending, limiting, suspending or
revoking cabin crew attestations, as well as the privileges and responsibilities
of the holders of cabin crew attestations;
(g) the conditions for issuing, maintaining, amending, limiting, suspending or
revoking certificates of pilot training organisations and of aero-medical
centres involved in the qualification and aero-medical assessment of civil
aviation aircrew;
(h) the requirements for the certification of flight simulation training devices and
for organisations that operate and use those devices;
(i) the requirements for the administration and management system to be
fulfilled by the Member States, the European Union Aviation Safety Agency
and the organisations in relation with the rules referred to in points 1(a) to (h).
2. Articles 11b and 11c as well as Annex IV (Part-MED), Annex VI (Part-ARA),
Annex VI (Part-ORA) and Annex VIII (Part-DTO) to this Regulation shall apply to
pilot licences for balloons and sailplanes in accordance with Commission
Regulation (EU) 2018/395 and Commission Implementing Regulation (EU)
2018/1976.’;
(2) in Article 2, paragraph 19 is replaced by the following:
‘(19) “flight instructor (FI)” means an instructor with the privileges to provide training in
an aircraft in accordance with Subpart J of Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011, Subpart FI of Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395, or Subpart FI of Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976;’;
(3) the following Article 4c is inserted:
‘Article 4c
Transitional measures for holders of an en route instrument rating
1. Holders of an en route instrument rating (EIR), as set out in point FCL.825 of
Annex I (Part-FCL), prior to the date of entry into force of [INSERT REFERENCE
TO AMENDING REGULATION] shall:
(a) be entitled to continue to exercise the privileges of their EIR after [INSERT
DATE OF START OF APPLICATION OF AMENDING REGULATION];
EN 3 EN
(b) receive full credit towards the training requirements in point
FCL.835(c)(2)(i)(A) and (C), when applying for the issue of a basic
instrument rating (BIR) in accordance with point FCL.835 of Annex I (Part-
FCL); and
(c) receive full credit as established for EIR holders in Annex I (Part-FCL) before
[INSERT REFERENCE TO AMENDING REGULATION] applied.
2. Training for an EIR as referred to in paragraph 1 that commenced prior to the date
of entry into force of [INSERT REFERENCE TO AMENDING REGULATION]
shall be given credit for the purpose of issuing an EIR until [INSERT DATE OF
FIRST ANNIVERSARY OF START OF APPLICATION OF AMENDING
REGULATION].
(4) Article 11c is replaced by the following:
‘Article 11c
Transitional measures
As regards organisations that provide training for pilot licences in accordance with
Commission Regulation (EU) 2018/395 and Commission Implementing Regulation (EU)
2018/1976 and for which the European Union Aviation Safety Agency is the competent
authority in accordance with Article 78 of Regulation (EU) 2018/1139:
(a) Member States shall transfer to EASA all records related to the oversight of such
organisations by 8 April 2021 at the latest;
(b) certification processes initiated before 8 April 2020 by a Member State shall be
concluded by that Member State in coordination with the European Union Aviation
Safety Agency which shall assume all its responsibilities as competent authority
concerning such organisations after the issuing of the certificate by that Member
State.’;
(5) in Article 12, paragraph 2a is deleted;
(6) Annex I (Part-FCL) is amended in accordance with Annex I to this Regulation;
(7) Annex III (Conditions for the acceptance of licences issued by or on behalf of third
countries) is amended in accordance with Annex II to this Regulation;
(8) Annex IV (Part-MED) is amended in accordance with Annex III to this Regulation;
(9) Annex VI (Part-ARA) is amended in accordance with Annex IV to this Regulation;
(10) Annex VII (Part-ORA) is amended in accordance with Annex V to this Regulation;
(11) Annex VIII (Part-DTO) is amended in accordance with Annex VI to this Regulation.
Article 2
1. This Regulation shall enter into force on the twentieth day following that of its
publication in the Official Journal of the European Union.
2. This Regulation shall apply from 8 April 2020.
However, the following shall apply from the day referred to in paragraph 1:
(a) Article 1(4);
EN 4 EN
(b) having regard to Article 1(6), points (1)(e); (4)(b); (5); (29); (31); (33)(c);
(37)(a); (38); (39); (40); (41)(a); (42); (43); (44); (47)(f); (48); (49) and (50) of
Annex I to this Regulation;
(c) having regard to Article 1(8), point (b) of Annex IV to this Regulation;
(d) Article 1(8); and
(e) having regard to Article 1(9), point (7)(d)(ii) of Annex IV to this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Commission
The President
[…]
EN 5 EN
European Union Aviation Safety Agency
Opinion No 01/2019 (A)
Easier access for general aviation pilots
to instrument flight rules flying
NPA/CRD: 2016-14 — RMT.0677
EXECUTIVE SUMMARY
This Opinion delivers the results of three rulemaking tasks (RMTs): RMT.0677 ‘Easier access for general aviation pilots to
instrument flight rules flying’ and the combined RMT.0654 ‘Revision of the balloon licensing requirements’/RMT.0701
‘Revision of the sailplane licensing requirements’. The detailed structure of this Opinion and the reason for combining
these RMTs into one opinion are given in Section 1.1.
The objective of this Opinion regarding RMT.0677 is to establish a simpler, lighter and better regulatory framework for
general aviation (GA) pilots regarding flights under instrument flight rules (IFR).
Part (A) of this Opinion proposes a more proportionate set of requirements for GA pilots and a competency-based
approach to gain an IFR flying qualification. This is one of the key initiatives for meeting the EASA and the GA community’s
objectives in this area.
With Part (A) of this Opinion, EASA addresses the objective established by the GA Road Map, which is to work towards
simpler, lighter and better rules for GA. With better and easier access to IFR flying, GA pilots would be able to plan A-B
flights with more confidence of safe completion. They would be less vulnerable to changing weather conditions and the
associated risk of continuous visual flight rules (VFR) flights into instrument meteorological conditions (IMC). As well as
increasing the safety and resilience of GA flying, better and easier access to IFR flying will also reduce the complexity of
longer flights, which often require extensive planning and contingency provisions to be executed under VFR.
IFR flight planning for longer A-B flights is often more straightforward — thus encouraging pilots to conduct flights that
they might otherwise have not attempted. This will bring safety and economic benefits.
Action area: General aviation (GA)
Affected rules: Regulation (EU) No 1178/2011; AMC/GM to Part-FCL
Affected stakeholders: GA community; GA pilots; instructors; examiners; approved training organisations (ATOs)
Driver: Efficiency/proportionality Rulemaking group: No, task force
Impact assessment: Light Rulemaking Procedure: Standard
18.12.2015 9.11.2016 18.2.2019 2021/Q1 2021/Q1
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Table of contents
Table of contents
1. About this Opinion............................................................................................................................... 3
1.1. How this Opinion was developed ....................................................................................................................... 3
1.2. The next steps ..................................................................................................................................................... 4
2. In summary — why and what ............................................................................................................... 5
2.1. Why we need to change the rules — issue/rationale ......................................................................................... 5
2.2. What we want to achieve — objectives ............................................................................................................. 5
2.3. How we want to achieve it — overview of the proposals .................................................................................. 6
2.3.1. Principles of the proposal ............................................................................................................................... 6
2.3.2. IR is redundant ................................................................................................................................................ 7
2.3.3. Training structure ........................................................................................................................................... 7
2.3.4. Privileges and limitations................................................................................................................................ 7
2.3.5. Theoretical knowledge (TK) ............................................................................................................................ 8
2.3.6. Skill test........................................................................................................................................................... 9
2.3.7. Training organisation ..................................................................................................................................... 9
2.3.8. Validity, revalidation and renewal of the BIR ................................................................................................. 9
2.3.9. Amendments to Regulation (EU) No 1178/2011 ............................................................................................ 9
2.4. What are the stakeholders’ views — outcome of the consultation ................................................................. 11
2.4.1. General ......................................................................................................................................................... 11
2.4.2. Comments and conclusions related to the BIR ............................................................................................. 11
2.5. What are the expected benefits and drawbacks of the proposals ................................................................... 12
2.5.1. Questionnaire ............................................................................................................................................... 12
2.5.2. Analysis ......................................................................................................................................................... 12
2.5.3. Policy options ................................................................................................................................................ 12
2.5.4. Safety impact ................................................................................................................................................ 13
2.5.5. Social impact................................................................................................................................................. 14
2.5.6. Economic impact .......................................................................................................................................... 14
2.5.7. General aviation and proportionality issues ................................................................................................. 15
2.5.8. Impact on ‘better regulation’ and harmonisation ........................................................................................ 15
2.5.9. Comparison and conclusion .......................................................................................................................... 15
2.6. How we monitor and evaluate the rules .......................................................................................................... 16
3. References ........................................................................................................................................ 17
3.1. Affected regulations ......................................................................................................................................... 17
3.2. Related decisions .............................................................................................................................................. 17
3.3. Other reference documents ............................................................................................................................. 17
4. Appendix ........................................................................................................................................... 18
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1. About this Opinion
1. About this Opinion
1.1. How this Opinion was developed
The European Union Aviation Safety Agency (EASA) developed this Opinion in line with Regulation (EU)
2018/11391 and the Rulemaking Procedure2. It contains the results of three rulemaking tasks (RMTs)
related to GA issues which all affect Regulation (EU) No 1178/20113. For this reason, EASA decided to
combine the draft amendments to Regulation (EU) No 1178/2011 that result from all three RMTs into
one consolidated document while separate explanatory notes elaborate on the background and detailed
explanations for the different RMTs.
The structure of this Opinion, including its annexes, is the following:
— Opinion No 01/2019:
Opinion No 01/2019 (A) (Part A): Explanatory Note related to RMT.0677 ‘Easier access for
general aviation pilots to instrument flight rules flying’
Opinion No 01/2019 (B) (Part B): Explanatory Note related to RMT.0654/RMT.0701
‘Revision of the balloon and sailplane licensing requirements’
— Annex Ia to Opinion No 01/2019: Amendments to Regulation (EU) No 1178/2011 — Cover
Regulation
— Annex Ib to Opinion No 01/2019: Amendments to Regulation (EU) No 1178/2011 — Annexes
— Annex IIa to Opinion No 01/2019: Amendments to Regulation (EU) No 2018/395 — Cover
Regulation
— Annex IIb to Opinion No 01/2019: Amendments to Regulation (EU) No 2018/395 — Annexes
— Annex IIIa to Opinion No 01/2019: Amendments to Regulation (EU) No 2018/1976 — Cover
Regulation
— Annex IIIb to Opinion No 01/2019: Amendments to Regulation (EU) No 2018/1976 — Annexes
For the purpose of this document, references to ‘this Opinion’ or ‘this rulemaking activity’ shall be
understood as referring to the scope of Opinion No 01/2019 (A). The related rulemaking activity is
included in the EASA 5-year Rulemaking Programme4 under rulemaking task RMT.0677. The scope and
timescales of the task were defined in the related Terms of Reference (ToR), Issue 2. The ToR were
1 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 3922/91 (OJ L 212, 22.8.2018, p. 1) (https://eur-
lex.europa.eu/legal-content/EN/TXT/?qid=1536149403076&uri=CELEX:32018R1139)
2
EASA is bound to follow a structured rulemaking process as required by Article 115(1) of Regulation (EU) 2018/1139. Such a process has been adopted
by the EASA Management Board (MB) and is referred to as the ‘Rulemaking Procedure’. See MB Decision No 18-2015 of 15 December 2015 replacing
Decision 01/2012 concerning the procedure to be applied by EASA for the issuing of opinions, certification specifications and guidance material
(http://www.easa.europa.eu/the-agency/management-board/decisions/easa-mb-decision-18-2015-rulemaking-procedure).
3 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) (https://eur-
lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R1178&qid=1547642686121&from=EN).
4 http://easa.europa.eu/rulemaking/annual-programme-and-planning.php
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1. About this Opinion
published together with the Concept Paper ‘Easier access for General Aviation (GA) pilots to instrument
flight rules (IFR) flying’ on the EASA website on 18 December 20155.
The draft text of this Opinion has been developed with the support of the ‘GA IFR flying Task Force’ (TF).
The TF comprised experts from national aviation authorities (NAAs) (the French DGAC, the UK CAA, the
Swedish CAA, the Austrian CAA (Austro Control)) and the GA community (Europe Air Sports (EAS),
European Regional Aerodromes Community (ERAC) and International Aircraft Owners and Pilots
Association (Europe) (IAOPA Europe)). All interested parties were consulted6 through NPA 2016-14
‘Easier access for general aviation pilots to instrument flight rules flying’7. 435 comments were received
from 59 interested parties, including industry, NAAs and the GA community.
EASA has addressed and responded to the comments received on the NPA. EASA reviewed the
comments received during the public consultation with the support of the TF. The comments received
and the EASA’s responses to them are presented in Comment-Response Document (CRD) 2016-148,
which is summarised in Section 2.4 below.
The final text of this Opinion and the draft regulations have been developed by EASA. The draft rule text
proposed by EASA is published on the EASA website9.
The major milestones of this rulemaking activity are presented on the title page.
1.2. The next steps
This Opinion contains the proposed amendments to Commission Regulation (EU) No 1178/2011 (the
Aircrew Regulation), and in particular the amendments to its Annex I (Part-FCL), to Commission
Regulation (EU) 2018/39510, and to Commission Implementing Regulation (EU) 2018/1976. It is
submitted to the European Commission to be used as a technical basis in order to prepare EU
regulations.
The decision containing the related acceptable means of compliance (AMC) and guidance material (GM)
will be published by EASA when the related regulations are adopted by the European Commission.
5
http://www.easa.europa.eu/system/files/dfu/ToR%20(%2B%20Concept%20Paper)%20RMT.0677%20Issue%202.pdf
6
In accordance with Article 115 of Regulation (EU) 2018/1139, and Articles 6(3) and 7 of the Rulemaking Procedure.
7
https://www.easa.europa.eu/document-library/notices-of-proposed-amendment/npa-2016-14
8
http://easa.europa.eu/document-library/comment-response-documents
9 http://easa.europa.eu/document-library/opinions
10 Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC)
No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10) (https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32018R0395&from=EN).
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2. In summary — why and what
2. In summary — why and what
2.1. Why we need to change the rules — issue/rationale
The goal of the EASA General Aviation Road Map11 is to work towards simpler, lighter and better rules
for GA. During the 2014 EASA Safety Conference on GA, the topic of ‘easier access of GA pilots to IFR
flying’ was identified by the GA community as an important initiative to improve the safety and utility of
GA flying. This was in response to the safety concerns and the views of the GA community that the
current regulatory regime for many aspects of IFR flying should be made more proportionate.
Historically, the level of GA IFR flying activity in Europe has been low compared to that in the USA. While
this disparity can to some extent be explained by factors unrelated to the regulatory regime, there is
some evidence suggesting that amending the relevant European regulations may facilitate growth in this
area.
With better and easier access to IFR flying, GA pilots would be able to plan A-B flights with more
confidence of safe completion. They would be less vulnerable to changing weather conditions and the
associated risk of continuous VFR flights into IMC. As well as increasing the safety and resilience of GA
flying, better and easier access to IFR flying will also reduce the complexity of longer flights, which often
require extensive planning and contingency provisions to be executed under VFR. IFR flight planning for
longer A-B flights is often more straightforward — thus encouraging pilots to conduct flights that they
might otherwise have not attempted. This will bring safety and economic benefits.
2.2. What we want to achieve — objectives
The overall objectives of the EASA system are defined in Article 1 of Regulation (EU) 2018/1139. This
proposal will contribute to the achievement of the overall objectives by addressing the issues outlined
in Chapter 2.
The European General Aviation Safety Strategy12, adopted by the EASA Management Board in 2012,
identifies the key rationales that render it necessary to adopt a new specific approach for GA. This new
approach is seen by the GA community as an urgent necessity in order to ensure a sustainable
development of the sector in Europe.
The specific objective of this proposal is to establish a more proportionate training path for GA pilots to
gain an instrument flying qualification by introducing the basic instrument rating (BIR). This proposal
reflect on the principles of a proportionate and competency-based approach throughout the different
regulatory domains, so as to address the needs of GA pilots as much as possible.
11 https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map
12 https://www.easa.europa.eu/system/files/dfu/European%20GA%20Safety%20Strategy.pdf
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2. In summary — why and what
2.3. How we want to achieve it — overview of the proposals
2.3.1. Principles of the proposal
2.3.1.1. Scope of the basic instrument rating (BIR)
The target audience for the BIR are GA pilots that fly typical single- and multi-engine piston GA
aeroplanes for non-commercial operations. The BIR aims to encourage GA pilots to conduct A-B flights
under IFR.
2.3.1.2. BIR is not ICAO-compliant
While the BIR may be issued before compliance with the ICAO Annex 1 is demonstrated, instrument
flight time requirements are established in order to give maximum utility to GA pilots. These
requirements will have similar privileges with the current Part-FCL IR, but more tailored to the needs of
GA pilots and with certain limitations.
The BIR is not necessarily compliant with the ICAO hours requirements (less time, for example, than for
CB-IR), but still provides for good utility and safety for GA pilots to fly under IFR in Europe. The training
would be as modular and competency-based as possible.
Rating may be obtained without full compliance with the ICAO IR training requirements; however, this
simply means the rating could not be used outside Europe. It does not have an impact on EASA Member
States’ obligations towards ICAO.
The modular IR and CB-IR are ICAO-compliant and internationally accepted ratings, whereas the BIR is
not a fully ICAO-compliant rating, being valid only in EASA Member States. This is reflected in the present
rule structure: the fully ICAO-compliant IR is regulated in Subpart G and in the related Appendices 6 and
7 to Part-FCL, while other (non-ICAO-compliant) IR privileges are to be found in Subpart I (other ratings).
Additionally, the CB-IR will of course be maintained within Part-FCL.
2.3.1.3. Key principles for the BIR
The key principles for the BIR are as follows:
— Training that is entirely competency-based. There will be no minimum hours requirement set for
the BIR. Instead, the required competencies that a GA pilot needs for an IFR flight are grouped
into three modules of training. Candidates will progress to the next module or skill test when ready
to do so.
— Training that is flexible. The core module of instrument flying skills must always be completed
first, and after having done so, the candidate may choose which further module to tackle next,
within a timescale that suits them. This takes into account the fact that GA pilots may often not
have the time or financial resources to commit to a more conventional full course of training
towards the IR.
— Focus on the practical needs of GA pilots. Holders of the BIR should feel confident to use it to the
full extent of its privileges. While IFR flights have many safety advantages, central to its philosophy
is to assess the risks of a particular flight in a more systematic way. To this end, the training will
be focused on the real-world instrument flying needs of GA pilots, with particular emphasis on
practical application of threat and error management. This will ensure that the full safety and
utility benefits of IFR flight are reaped.
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2. In summary — why and what
— High standards of training and testing. Despite the focus on GA needs, practical training and
testing standards will be similar to those of the current Part-FCL CB-IR and EIR, particularly with
regard to interaction with other airspace users. It is very important that GA pilots that fly under
IFR have the required competencies for this.
2.3.2. IR is redundant
With the introduction of the BIR, a more comprehensive new approach towards GA IR flying is
undertaken. The current EIR is therefore redundant and will be deleted. Existing EIR holders will be
allowed to continue to exercise their privileges, and they will receive full credit for Modules 1 and 3 when
stepping up to the BIR.
2.3.3. Training structure
Having decided that modular training is important, EASA conducted a training needs analysis to establish
the optimum content of the possible individual instrument flight instruction modules of training. This
included identifying all competencies in existing instrument qualifications and determining how they
could be logically ordered into a flexible and modular training system.
As a result of this, four modules were identified, with the idea being that Module 1 is completed first,
but the order in which Modules 2 and 3, and if applicable Module 4, are completed is up to the applicant.
— Module 1: it provides the foundation of instrument flying competencies: the core flying training
module of flight handling skills by sole reference to instruments. A course completion certificate
will be issued after an acceptable standard has been reached and before the pilot is allowed to
commence further training modules;
— Module 2: it introduces 2D and 3D instrument approach procedures such as non-directional radio
bacon (NDB), instrument landing system (ILS), performance-based navigation (PBN) (for example,
global navigation satellite system (GNSS), etc.), standard instrument arrival (STAR), and standard
instrument departure (SID);
— Module 3: it includes en route flight under IFR; and
— Module 4: with one engine inoperative, if a multi-engine BIR is sought, this module includes
asymmetric instrument approach and go-around procedures.
Each module contains the required individual competencies. It will be up to the training organisation or
instructor to determine whether the competencies have been assimilated to the required standard
before progressing to the next module or skill test. This will allow candidates with a good aptitude to
progress faster, while ensuring that slower-learning candidates progress only until they are ready.
2.3.4. Privileges and limitations
While the intention is to create a BIR that has similar practical value to the current Part-FCL CB-IR and
EIR, it was decided that by having certain limitations, the practical training time and theoretical
knowledge that candidates would need may be reduced, with very little loss of practical utility.
For example, it is relatively rare in typical GA operations to have to fly an instrument approach
(particularly a 3D one) to absolute minima. Flying to low minima is quite a perishable skill, and one that
would not necessarily be adequately maintained by the amount of IFR flying GA pilots are likely to
conduct. Also, the target audience is generally pilots that fly typical piston-engine GA aircraft.
It is, therefore, proposed that:
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— the privileges of a BIR holder are to conduct flights under IFR on single-pilot aeroplanes for which
class ratings are held, excluding high-performance aeroplanes or aeroplane variants for which
operational suitability data (OSD) has determined that an IR is required;
— BIR privileges shall only be exercised in accordance with point FCL.205.A (privileges for the PPL
aeroplanes), after completion of the relevant flying training modules of point FCL.835(c)(2);
— BIR privileges may be exercised at night if the pilot holds a night rating in accordance with point
FCL.810 (night rating);
— BIR privileges on multi-engine aeroplanes shall also be valid on single-engine aeroplanes for which
the pilot holds a valid single-engine class rating;
— the exercise of BIR privileges shall be subject to the following conditions:
the decision height or minimum descent height (DH/MDH) used in aerodrome operating
minima shall be at least 200 ft greater than what would otherwise be calculated according
to ‘NCO.OP.110 Aerodrome operating minima — aeroplanes and helicopters’ and
‘NCO.OP.111 Aerodrome operating minima — NPA, APV, CAT I operations’; and
the visibility used in aerodrome operating minima shall not be less than 1 500 m;
the pilot-in-command shall not commence or continue a flight under IFR, unless:
o at the aerodrome of departure, the visibility is at least 1 500 m and the cloud ceiling
of at least 600 ft or the published circling minimum applicable to the aeroplane
category, whichever is the greater; and
o at the aerodrome and at any required alternate aerodrome the available current
meteorological information indicates, for the period from 1 hour before until 1 hour
after the estimated time of arrival, or from the actual time of departure to 1 hour
after the estimated time of arrival, whichever is the shorter period, a visibility of at
least 1 500 m and a cloud ceiling of at least 600 ft, or the published circling minimum
applicable to the aeroplane category, or the DH/MDH incremented by 200 ft in
accordance with the first black bullet point above, whichever is the greater.
2.3.5. Theoretical knowledge (TK)
To ensure a greater level of proportionality than is the case for the current CB-IR theoretical knowledge
(TK) requirements, it is proposed that each flying training module be supported by a theoretical
examination incorporating the relevant learning objectives, resulting in a total of three focused
theoretical examinations. The TK examination shall consist of one examination paper associated to each
flying training module.
Learning objectives will not duplicate topics already examined at PPL level, but will focus only on
objectives that are appropriate for the safe operation of GA aircraft in IMC or under IFR. The scope and
depth of knowledge should be broadly similar to that required for the US Federal Aviation Administration
(FAA) IR.
EASA wishes to make the theoretical examination process as straightforward as possible. The questions
will have to be taken from the relevant areas of the European Central Question Bank (ECQB), otherwise
the BIR would require entirely new questions, something that EASA and the EASA Member States do not
have the resources for. It is intended that EASA Member States shall adopt a secure process that would
allow the exams to be conducted at training organisations that are equipped with the appropriate
technology to meet the ECQB requirements.
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2. In summary — why and what
2.3.6. Skill test
After the completion of the training, the applicant shall pass a skill test in an aeroplane in accordance
with Appendix 7 to Part-FCL. For a multi-engine BIR, the skill test shall be taken in a multi-engine
aeroplane. For a single-engine BIR, the skill test shall be taken in a single-engine aeroplane. A multi-
engine centreline thrust aeroplane shall be considered to be a single-engine aeroplane for the purposes
of this paragraph.
2.3.7. Training organisation
Applicants for the BIR shall have completed the training course at an approved training organisation
(ATO).
For the time being, the training scope of a declared training organisation (DTO) will not include the BIR.
Please refer to EASA Opinion No 11/2016 ‘Training outside approved training organisations’13,
Section 2.3.5., for further information and explanations. As described there, EASA intends to carefully
monitor the implementation of Part-DTO in order to evaluate, at a later stage, whether the training
scope could be extended to include further ratings.
2.3.8. Validity, revalidation and renewal of the BIR
A BIR shall be valid for 1 year.
EASA considered it to be appropriate for the revalidation to introduce the concept of alternating
between a proficiency check and an hour’s instruction from an instructor that is qualified to teach for
the BIR.
Renewal will always be done via a proficiency check.
2.3.9. Amendments to Regulation (EU) No 1178/2011
2.3.9.1. Cover regulation
New Article 4c is inserted regarding ‘Transitional measures for the holder of an en route instrument
rating (EIR)’:
— The holder of an EIR can continue to exercise the privileges of the EIR after the date of entry into
force of this Regulation.
— The holder of an EIR that is obtained in accordance with point FCL.825 of Annex I (Part-FCL) prior
to the date of application of this Regulation, and who wishes to obtain a BIR, shall complete a
training course at an ATO.
2.3.9.2. Annex I (Part-FCL)
In point FCL.010 ‘Definitions’, two new definitions related to the introduction of the BIR are added,
namely ‘en route IFR flight’ and ‘limited panel instrument flight’.
In point FCL.025 ‘Theoretical knowledge examinations for the issue of licences and ratings’, paragraph (c)
regarding the validity period is amended. The validity period for the EIR is deleted and the validity period
for the BIR is added. The validity period for the BIR is for an unlimited period.
In point FCL.035 ‘Crediting of flight time and theoretical knowledge’, paragraph (b) is amended: the
reference to the EIR is deleted and a new reference to the BIR is added.
In point FCL.055 ‘Language proficiency’, the reference to the EIR is deleted.
13 https://www.easa.europa.eu/sites/default/files/dfu/Opinion%20No%2011-2016.pdf
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In point FCL.600 ‘IR — General’, the reference to FCL.825 (En route instrument rating (EIR)) is deleted
and the new reference to FCL.835 (Basic instrument rating (BIR)) is added).
In point FCL.740.A ‘Revalidation of class and type ratings — aeroplanes’, the reference to the EIR is
deleted and a new reference to the BIR is added. Furthermore, a new paragraph (5)(b) is added stating
that the proficiency check for the revalidation of a single-pilot single-engine aeroplane class rating may
be combined with the proficiency check for the revalidation of a BIR, in accordance with FCL.835(g)(8).
Point FCL.825 ‘En route instrument rating (EIR)’ is deleted.
New point FCL.835 ‘Basic instrument rating (BIR)’ is inserted. This is the main amendment and contains
all the requirements regarding the BIR, such as:
— privileges and conditions,
— prerequisites,
— training course,
— theoretical knowledge,
— skill test, and
— validity, revalidation and renewal.
In point FCL.905.FI ‘FI — Privileges and conditions’, a new reference to the BIR is added.
In point FCL.940.FI ‘FI — Revalidation and renewal’, a new reference to the BIR is added: if the privileges
to instruct for the BIR only are to be revalidated, 5 of these 50 hours shall be flight instruction for a BIR.
In point FCL.905.TRI ‘TRI — Privileges and conditions’, the reference to the EIR is deleted.
In point FCL.905.IRI ‘IRI — Privileges and conditions’, the reference to the EIR is deleted and a new
reference to the BIR is added.
In point FCL.905.STI ‘STI — Privileges and conditions’, a new reference to the BIR is added.
In point FCL.1005.FE ‘FE — Privileges and conditions’, the reference to the EIR is deleted and a new
reference to the BIR is added.
In point FCL.1005.TRE ‘TRE — Privileges and conditions’, the reference to the EIR is deleted.
In Point FCL.1005.CRE ‘CRE — Privileges’, the reference to the EIR is deleted and a new reference to the
BIR is added.
In point FCL.1005.IRE ‘IRE — Privileges’, the reference to the EIR is deleted and a new reference to the
BIR is added.
In Appendix 1 ‘Crediting of theoretical knowledge’, in paragraph 4 ‘IR’, the reference to the EIR is deleted
and a new reference to the BIR is added.
In Appendix 6 ‘Modular courses for the IR’, under Chapter Aa. ‘IR(A) — Competency-based modular flying
training course’, two new paragraphs are added regarding the flying training for the BIR.
In Appendix 7, the title as well the text in certain paragraphs are amended to include now the BIR too.
In Appendix 9, the title is amended to include now as well the BIR.
2.3.9.3. Annex VI (Part-ARA)
In Appendix 1, in the template of EASA Form 141, Issue 2, the reference to the EIR is deleted and a new
reference to the BIR is added.
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2. In summary — why and what
2.4. What are the stakeholders’ views — outcome of the consultation
2.4.1. General
As described in Section 1.1., all interested parties were consulted through NPA 2016-14. During this
consultation, 435 comments were received from 59 interested parties, including industry, NAAs and the
GA community. With regard to major issues, the outcome of discussions and revisions (following the
submission of comments) are described in the following paragraphs.
2.4.2. Comments and conclusions related to the BIR
2.4.2.1. Scope of the BIR
Some commentators would like to see the BIR for other domains (like air traffic management (ATM)) or
other categories (helicopters).
EASA would like to highlight that it plans to take a holistic approach to ensure improvements regarding
GA IFR flying across the different regulatory domains. However, as explained at the end of Section 2.1 of
NPA 2016-14, due to time constraints and the need for prioritisation of actions, the current proposal
addresses the aircrew domain only. Further tasks will be planned with regard to the other domains, e.g.
ATM.
Regarding the BIR for other categories, EASA would like to state that other categories will have very
different types of IFR flying operations. Therefore, adding a BIR for other categories will require further
rulemaking expert group meetings and additional formal consultations.
2.4.2.2. Definition of ‘en route’
A few commentators were of the opinion that the ‘en route’ definition, as written in NPA 2016-14, was
not clear and suggested rewording it, which resulted in the following new definition:
‘“en route IFR flight” means the phase of an IFR flight that commences after the completion of an IFR
departure procedure and finishes when commencing an IFR approach procedure.’
2.4.2.3. The EIR is redundant
In NPA 2016-14, EASA raised a question to stakeholders or their feedback on the proposal to delete the
EIR in FCL.825, together with its associated AMC and GM and the references to other requirements.
EASA received 17 comments on this subject and more or less half of the commentators were in favour,
the other half against. Some commentators do not show a preference but highlight the necessity of
grandfathering of EIR privileges into a BIR or for a transition measure for the holder of the EIR. Based on
the comments received and after consultation with the TF, EASA has decided to delete the EIR.
EASA also took into account that the number of EIRs issued after the implementation of Regulation (EU)
No 245/201414 in March 2014 is very low for various reasons. Existing EIR holders will be allowed to
continue to exercise their privileges, and they will receive full credit for Modules 1 and 3 when stepping
up to the BIR.
2.4.2.4. Training course at a DTO
Some commentators would like to allow DTOs to conduct BIR training. As stated in Section 2.3.6 above
(with reference to the explanation in Opinion No 11/2016), for the time being, the training scope of a
DTO will not include the BIR.
14 Commission Regulation (EU) No 245/2014 of 13 March 2014 amending Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down
technical requirements and administrative procedures related to civil aviation aircrew (OJ L 74, 14.3.2014, p. 33).
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2. In summary — why and what
2.4.2.5. Language proficiency
The requirement in FCL.055(d) for holders of the IR regarding the demonstration of the ability to use the
English language was considered by EASA to be a possible barrier to the update of instrument flying
qualifications amongst GA pilots. As a result of this, it is proposed not to amend FCL.055(d) to include
the BIR into the language proficiency requirement.
A few commentators have concerns regarding EASA’s proposal to exclude pilots who hold a BIR from
demonstrating a minimum English language proficiency.
EASA will keep its opinion that a requirement for English language proficiency for the BIR increases the
uptake of the BIR amongst pilots for whom English is not their mother tongue for flights conducted solely
within an EASA Member State in which the language spoken is acceptable for radio communications.
2.5. What are the expected benefits and drawbacks of the proposals
2.5.1. Questionnaire
In order to better understand some of the current barriers for GA pilots to gain IFR flying qualifications,
a questionnaire has been addressed to the EASA Member States. The results were presented in
NPA 2016-14 in Section 2.3 ‘Summary of the regulatory impact assessment (RIA)’.
2.5.2. Analysis
According to the results of the questionnaire, the main reasons pilots do not complete IFR flying
qualifications are that they are too expensive or too time-consuming to obtain. While there will always
be a cost barrier associated with learning to fly under IFR, this emphasises the need to make it as
proportionate and flexible as possible.
2.5.3. Policy options
Table 1: Selected policy options
Option Description
0 ‘Do nothing’: No change to the rules; risks remain as outlined in the
issue analysis.
1 ‘Amend CB-IR’: Amend the competency-based instrument rating (CB-
IR) to be more proportionate, for example, closer to the requirements
for the FAA IR.
This would probably not mean significant changes to the flight training
requirements; the focus would be on reducing the amount of
theoretical knowledge.
2 ‘Adapt sub-ICAO instrument qualification’: Adapt an existing ‘sub-
ICAO’ instrument qualification to the EASA system.
Take an existing ‘sub-ICAO’ instrument flying qualification that is
currently or has been issued by another State (for example, the UK IR
(Restricted)), and modify it for inclusion in the EASA system.
3 ‘Introduce a new BIR’: Develop a new instrument qualification, i.e.
‘basic instrument rating (BIR)’, more tailored to the needs of GA pilots
and the European flying environment.
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This would involve the creation of a new qualification that is not
necessarily compliant with the ICAO hours requirements (less time, for
example, than for CB-IR), but still provides for good utility and safety
for GA pilots to fly under IFR in Europe. The training would be as
modular and competency-based as possible.
4 ‘Aeroplane cloud flying rating’: As part of the TF discussions, a fourth
supplementary option was considered that would facilitate some of
the safety improvement aims in the area of flight in IMC. This would
be a more basic qualification to allow cloud penetration, similar to the
cloud flying rating for sailplanes.
It was decided during the TF discussions that the focus of this NPA
should be on encouraging planned IFR flights — so, while it was
unanimously agreed that the idea has merit, it was decided to refer
the proposal to RMT.0678 ‘Simpler, lighter and better Part-FCL
requirements for general aviation’15 for further consideration.
It is, therefore, not included in the options part of the RIA, but is
further discussed in Section 2.5. ‘Aeroplane cloud flying rating’.
2.5.4. Safety impact
Option 0 No impact; safety level is maintained.
‘Do nothing’ The amended Aircrew Regulation (amended by Commission
Regulation (EU) No 245/2014) already enables more flexible training
for the EASA instrument rating via the competency-based route.
Option 1 Some positive impact on safety.
‘Amended CB-IR’ For example, due to more proportionate theoretical knowledge
requirements, more GA pilots than before might take up the CB-IR.
However, the requirements are more onerous than those of Option 3,
so uptake is likely to be low.
Option 2 Some positive impact on safety; however, the outcome may not be
‘Sub-ICAO IR’ optimised for use in all EASA Member States.
Option 3 Some positive impact on safety. By enabling more GA pilots to
‘New BIR’ undertake instrument flight training, they will improve their skills and
allow them to plan A-B flights with more confidence of safe
completion. This will make them as well less vulnerable to risks
associated with flight in poor weather conditions, such as continuous
VFR flight into IMC.
15 https://www.easa.europa.eu/document-library/terms-of-reference-and-group-compositions/tor-rmt0678
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2. In summary — why and what
2.5.5. Social impact
Option 0 Status quo maintained. Potential market for GA IFR flying qualifications
‘Do nothing’ is not optimised, and compared to the United States, less GA pilots
within the EASA Member States would hold instrument qualifications.
Option 1 Some positive social impact, similar to that described for Option 3;
‘Amended CB-IR’ however, maybe to a lesser extent.
Option 2 Some positive social impact. However, the outcome would not be
‘Sub-ICAO IR’ optimised across EASA Member States. Lesser positive impact than
that of Option 3.
Option 3 The introduction of more proportionate requirements, like the BIR, will
‘New BIR’ encourage even more GA pilots to gain IFR flying qualifications and will
provide for more flexibility for GA flying.
GA flying is generally a recreational activity that individuals conduct for
enjoyment. Flight clubs and schools are places of social interaction,
and flight training is an activity that involves learning new skills and
gaining proficiency in a complex activity. It could, therefore, be
considered to be of positive social impact. It also encourages travel and
the free movement of people.
2.5.6. Economic impact
Option 0 Due to the current situation, the relatively low number of GA pilots in
‘Do nothing’ Europe that hold a qualification permitting them to fly under IFR will
remain unchanged, and there will be no positive economic impact.
Option 1 Some positive economic impact, similar to that described for Option 3;
‘Amended CB-IR’ however, maybe to a lesser extent.
Option 2 ‘Sub- Some positive economic impact. However, the outcome would not be
ICAO IR’ optimised across the EASA Member States. Lesser positive impact than
that of Option 3.
Option 3 The introduction of more proportionate requirements, like the BIR, will
‘New BIR’ have a positive economic impact. Improved access to GA IFR flying will
benefit GA pilots and organisations that are involved in their training,
such as flight schools, clubs, and instructors. Organisations that
support the maintenance and operation of GA aircraft certified for IFR
flight would also benefit, as would organisations that are involved in
the manufacture of IFR-certified aircraft and the production of
components and equipment for IFR flight.
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2. In summary — why and what
2.5.7. General aviation and proportionality issues
Option 0 Will not bring about the changes requested by the GA Road Map, the
‘Do nothing’ Commission and the EASA Member States.
Option 1 Will largely bring about the changes requested by the GA Road Map,
‘Amended CB-IR’ the Commission and the EASA Member States.
Option 2 ‘Sub- Might achieve some of the stated aims of the GA Road Map; however,
ICAO IR’ the result will not be optimised across the EASA Member States.
Option 3 Will bring about the changes requested by the GA Road Map, the
‘New BIR’ Commission and the EASA Member States, and as further explained in
Section 2.1 of the Explanatory Note.
2.5.8. Impact on ‘better regulation’ and harmonisation
Option 0 Harmonisation is ensured. ‘Better regulation’ principles are not upheld
‘Do nothing’ as the current requirements are considered to be too burdensome for
the GA pilot community.
Option 1 Does not have an impact on EASA Member States’ obligations towards
‘Amended CB-IR’ ICAO. CB-IR would remain ICAO-compliant. Also, it does not add to the
complexity of Part-FCL.
Option 2 Harmonisation would not be optimal, because the practical value of
‘Sub-ICAO IR’ this option would vary between the different EASA Member States.
Option 3 Rating may be obtained without full compliance with the ICAO IR
‘New BIR’ training requirements; however, this simply means the rating could
not be used outside Europe. It does not have an impact on EASA
Member States’ obligations towards ICAO.
While rating achieves proportionality for GA, it does introduce more
complexity to the flight crew licensing requirements, because it is a
new rating in addition to the existing ones in Part-FCL. Some feedback
from stakeholders suggests that the level of instrument flying
qualifications available is confusing — however, this could be
mitigated by careful consideration of the integration of the new BIR
into the existing FCL provisions.
2.5.9. Comparison and conclusion
Option 0 will have no impact on safety, but the relatively low number of GA pilots in Europe that hold a
qualification permitting them to fly under IFR will remain unchanged.
Options 1 and 2 will have a slightly positive safety, social and economic impact. More proportionate
requirements, by amending the existing CB-IR or adapting the existing ‘sub-ICAO’ instrument
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2. In summary — why and what
qualifications, will encourage more GA pilots to gain IFR flying qualifications. However, EASA believes
that Option 1 may not achieve a proportionality benefit as great as that of Option 3, and
Option 2 may suffer from the benefits not being optimised across all EASA Member States.
Option 3 will have the greatest positive safety, economic and social impact. By introducing the BIR, the
number of GA pilots that undertake instrument flight training will likely increase the most, therefore all
the benefits associated with increasing GA instrument flying in general would be maximised with this
Option.
2.6. How we monitor and evaluate the rules
The introduction of the BIR will be monitored and evaluated through the continued exchange of
information between EASA and the Member States during EASA Advisory Body meetings as well as its
regular standardisation inspections.
It is recommended that the following monitoring indicators be used to review the implementation of the
new provisions:
Table: Proposed indicative indicators to monitor the implementation of the rules
Monitoring indicator Source of data Indicative frequency
Number of BIR Standardisation data Annually
Assessment of the cases EASA Safety Review Annually
where the BIR training was
a contributing factor in a
safety incident/accident
Based on the monitoring results, EASA may undertake an evaluation of the impact of the adopted rules.
This evaluation shall assess the achieved impact of the changes versus the expected consequences, and
shall conclude on the overall relevance, effectiveness and efficiency of the rules.
Cologne, 18 February 2019
Patrick KY
Executive Director
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3. References
3. References
3.1. Affected regulations
— 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)
3.2. Related decisions
— Decision No 2011/016/R of the Executive Director of the European Aviation Safety Agency of
15 December 2011 on Acceptable Means of Compliance and Guidance Material to 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 (‘Acceptable Means of Compliance
and Guidance Material to Part-FCL’)
3.3. Other reference documents
— 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 3922/91 (OJ L 212, 22.8.2018, p. 1)
— General Aviation Road Map (http://easa.europa.eu/easa-and-you/general-aviation)
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European Union Aviation Safety Agency Opinion No 01/2019 (A)
4. Appendix
4. Appendix
Appendix to Opinion No 01/2019 (A):
CRD to NPA 2016-14 ‘Easier access for general aviation pilots to instrument flight rules flying’
(RMT.0677)
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An agency of the European Union
Annex IIb to EASA Opinion No 01/2019
Draft Annex I, II and III
to draft Commission Implementing Regulation (EU) …/… [reference to amending
regulation] amending Commission Regulation (EU) 2018/395 laying down detailed rules
for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European
Parliament and of the Council
ANNEX I
Annex I ‘Definitions’ (Part-DEF) to Commission Regulation (EU) 2018/395 is amended as
follows:
(1) The introductory sentence is replaced by the following:
‘For the purpose of this Regulation, the following definitions and, unless terms are
defined otherwise in this Annex, the definitions of Article 2 of Commission Regulation
(EU) No 1178/2011 as well as of point FCL.010 of Annex I (Part-FCL) to that
Regulation, shall apply:’
(2) points 1 and 2 are replaced by the following:
‘1. “acceptable means of compliance (AMC)” means non-binding standards adopted
by the Agency to illustrate means to establish compliance with Regulation (EU)
2018/1139 and its delegated and implementing acts;
2. “alternative means of compliance (AltMoC)” means those means that propose an
alternative to an existing AMC or those that propose new means to establish
compliance with Regulation (EU) 2018/1139 and its delegated and implementing
acts for which no associated AMC have been adopted by the Agency;’;
(3) the following point 11a is inserted:
‘11a. “flight time” means the total time from the moment the basket leaves the ground
for the purpose of taking off until the moment it finally comes to a rest at the end
of the flight;’;
(4) the following points 17a and 17b are inserted:
‘17a. “class” (of balloons) means a categorisation of balloons taking into account the
lifting means used to sustain flight;
17b. “proficiency check” means the demonstration of skill for the purpose of complying
with the recency requirements as established in this Regulation, and including oral
examinations as may be required;’;
(5) point 22 is replaced by the following:
‘22. “group” (of balloons) means a categorisation of balloons, taking into account the
size or capacity of the envelope;’;
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(6) the following points 23 to 26 are added:
‘23. “skill test” means the demonstration of skill for the purpose of issuing a licence or
rating, or extension of a privilege, including oral examinations as may be required;
24. “assessment of competence” means the demonstration of skill, knowledge and
attitude for the initial issue, revalidation or renewal of an instructor or examiner
certificate;
25. “solo flight” means a flight during which a student pilot is the sole occupant of the
balloon;
26. “tethered flight” means a flight with a tether system that anchors the balloon to a
fixed location during operation, with the exception of a tether which may be used
as part of the take-off procedure.’
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ANNEX II
Annex II ‘Balloon Air Operations’ (Part-BOP) to Commission Regulation (EU) 2018/395 is
amended as follows:
(1) in point BOP.BAS.010, paragraph (a) is replaced by the following:
‘(a) An operator shall, when so requested by the competent authority which
verifies continued compliance by the operator in accordance with point
ARO.GEN.300(a)(2) of Annex II (Part-ARO) to Regulation (EU)
No 965/2012, demonstrate compliance with the essential requirements set
out in Annex V to Regulation (EU) 2018/1139 and with the requirements of
this Regulation.’;
(2) point BOP.BAS.020 is replaced by the following:
‘BOP.BAS.020 Immediate reaction to a safety problem
The operator shall implement:
(a) safety measures mandated by the competent authority in accordance with
paragraph (c) of point ARO.GEN.135 of Annex II (Part-ARO) to Regulation
(EU) No 965/2012; and
(b) airworthiness directives and other mandatory information issued by the
Agency in accordance with paragraph (h) of Article 77(1) of Regulation (EU)
2018/1139.’;
(3) point BOP.BAS.025 is replaced by the following:
‘BOP.BAS.025 Designation as pilot-in-command
The operator shall designate a pilot-in-command who is qualified to act as pilot-in-
command in accordance with Annex III (Part-BFCL) to this Regulation.’;
(4) in point BOP.BAS.300, paragraph (c) is replaced by the following:
‘(c) Instruments and equipment not required by this Section, as well as any other
equipment that is not required by this Annex but is carried on board a balloon
during a flight, shall comply with the following two conditions:
(1) the information provided by those instruments or equipment shall not
be used by the flight crew to comply with the essential requirements
for airworthiness set out in Annex II to Regulation (EU) 2018/1139;
(2) the instruments and equipment shall not affect the airworthiness of the
balloon, even in the case of failures or malfunction.’;
(5) in point BOP.ADD.005, paragraph (a) is replaced by the following:
‘(a) The operator shall be responsible for the operation of the balloon in
accordance with the essential requirements set out in Annex V to Regulation
(EU) 2018/1139, with the requirements of this Subpart and with its
declaration.’;
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(6) in point BOP.ADD.015, paragraph (a) is replaced by the following:
‘(a) For the purpose of determining compliance with the essential requirements
set out in Annex V to Regulation (EU) 2018/1139 and with the requirements
of this Regulation, the operator shall grant access to any person authorised
by the competent authority at any time to any facility, balloon, document,
records, data, procedures or any other material relevant to the operator’s
activity that falls within the scope of this Regulation, irrespective of whether
or not the activity is contracted.’;
(7) point BOP.ADD.035 is replaced by the following:
‘BOP.ADD.035 Contracted activities
When contracting any part of its activity that falls within the scope of this
Regulation, the operator shall be responsible for ensuring that the contracted
organisation carries out the activity in accordance with the essential requirements
set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this
Regulation. The operator shall also ensure that the competent authority is given
access to the contracted organisation in order to determine that the operator
complies with those requirements.’;
(8) in point BOP.ADD.040, paragraph (a) is replaced by the following:
‘(a) The operator shall appoint an accountable manager who has the authority to
ensure that all activities that fall within the scope of this Regulation can be
financed and carried out in accordance with the essential requirements set out
in Annex V to Regulation (EU) 2018/1139 and with the requirements of this
Regulation. The accountable manager shall be responsible for establishing
and maintaining an effective management system.’;
(9) point BOP.ADD.045 is replaced by the following:
‘BOP.ADD.045 Facility requirements
The operator shall have facilities that are sufficient to allow the performance and
management of all tasks and activities required to ensure compliance with the
essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with
the requirements of this Regulation.’;
(10) in point BOP.ADD.100, paragraph (a) is replaced by the following:
‘(a) In the declaration referred to in the second subparagraph of Article 3(2), the
operator shall confirm that it complies and will continue to comply with the
essential requirements set out in Annex V to Regulation (EU) 2018/1139 and
with the requirements of this Regulation.’;
(11) in point BOP.ADD.105, paragraph (a) is replaced by the following:
‘(a) The operator shall notify the competent authority without delay of any
changes in circumstances affecting its compliance with the essential
requirements set out in Annex V to Regulation (EU) 2018/1139 and with the
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requirements of this Regulation, as declared to the competent authority, and
of any changes in respect of the information referred to in point
BOP.ADD.100(b) and the list of AltMoCs referred to in point
BOP.ADD.100(c), as included in or annexed to the declaration.’;
(12) in point BOP.ADD.115, paragraph (c) is replaced by the following:
‘(c) Where a balloon registered in a third country is subject to a dry lease
agreement, the operator of such balloon shall ensure compliance with the
essential requirements relating to continuing airworthiness set out in Annexes
II and V to Regulation (EU) 2018/1139 and with the requirements of this
Regulation.’;
(13) in point BOP.ADD.300, paragraph (c) is replaced by the following:
‘(c) All flight crew members shall hold a licence and ratings issued or accepted
in accordance with Annex III to this Regulation and shall be appropriate to
the duties assigned to them.’;
(14) in point BOP.ADD.300, paragraph (e) is replaced by the following:
‘(e) When engaging the services of flight crew members who work on a freelance
or part-time basis, the operator shall verify that all of the following
requirements are complied with:
(1) the requirements of this Subpart;
(2) Annex III to this Regulation, including the requirements on recent
experience;
(3) the flight and duty time limitations and rest requirements in accordance
with the national law of the Member State where the operator has its
principal place of business, taking into account all services rendered by
the flight crew member to other operators.’;
(15) in point BOP.ADD.305, paragraph (b) is replaced by the following:
‘(b) The operator shall only designate a pilot to act as pilot-in-command if he or
she:
(1) is qualified to act as pilot-in-command in accordance with Annex III to
this Regulation;
(2) has the minimum level of experience specified in the operations
manual; and
(3) has adequate knowledge of the area to be flown.’;
(16) point BOP.ADD.310 is replaced by the following:
‘BOP.ADD.310 Provision of training and checking
All training and checking of flight crew members required pursuant to point
BOP.ADD.315 shall be provided as follows:
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(a) in accordance with the training programmes and syllabi established by the
operator in the operations manual;
(b) by appropriately qualified persons and, as regards flight training and
checking, by persons qualified in accordance with Annex III to this
Regulation.’;
(17) the Appendix is replaced by the following:
‘Appendix
DECLARATION
in accordance with Commission Regulation (EU) 2018/395
Operator
Name:
Place where the operator has its principal place of business:
Name and contact details of the accountable manager:
Balloon operation
Starting date of commercial operation and, where relevant, date of change to existing commercial
operation.
Information on balloon(s) used, commercial operation(s) and continuing airworthiness management:
(1)
Balloon type Balloon Main base Type(s) of Continuing
registration operation (2) airworthiness
management
organisation (3)
Where applicable, list of the AltMoCs with references to the associated AMC (annex to this
declaration):
Statements
⎕ The operator complies, and will continue to comply, with the essential requirements set out in
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Annex V to Regulation (EU) 2018/1139 and with the requirements of Regulation (EU) 2018/395.
In particular, the operator conducts its commercial operations in accordance with the following
requirements of Subpart ADD of Annex II to Regulation (EU) 2018/395:
⎕ The management system documentation, including the operations manual, comply with the
requirements of Subpart ADD and all flights will be carried out in accordance with the provisions of
the operations manual as required by point BOP.ADD.005(b) of Subpart ADD.
⎕ All balloons operated either have a certificate of airworthiness issued in accordance with
Regulation (EU) No 748/2012 or meet the specific airworthiness requirements applicable to balloons
that are registered in a third country and are subject to a wet lease agreement or a dry lease agreement,
as required by points BOP.ADD.110 and BOP.ADD.115(b) and (c) of
Subpart ADD.
⎕ All flight crew members hold a licence and ratings issued or accepted in accordance with
Annex III to Regulation (EU) 2018/395, as required by point BOP.ADD.300(c) of Subpart ADD.
⎕ The operator will notify the competent authority of any changes in circumstances affecting its
compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and
with the requirements of Regulation (EU) 2018/395 as declared to the competent authority through
this declaration and any changes to the information and lists of AltMoCs included in and annexed to
this declaration, as required by point BOP.ADD.105(a) of Subpart ADD.
⎕ The operator confirms that all information included in this declaration, including its annexes, is
complete and correct.
Date, name and signature of the accountable manager
(1) Complete the table. If there is not enough space to list the information, it shall be listed in a separate annex.
The annex shall be dated and signed.
(2) ‘Type(s) of operation’ refers to the type(s) of commercial operation conducted with the balloon.
3
() Information about the organisation responsible for the continuing airworthiness management shall include
the name of the organisation, the address and the approval reference. ’
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ANNEX III
‘ANNEX III
REQUIREMENTS FOR BALLOON FLIGHT CREW LICENSING
[PART-BFCL]
SUBPART GEN
GENERAL REQUIREMENTS
BFCL.001 Scope
This Annex establishes the requirements for the issue of a balloon pilot licence (BPL) and
associated privileges, ratings and certificates, and the conditions for their validity and use.
BFCL.005 Competent authority
For the purpose of this Annex, the competent authority shall be an authority designated by the
Member State to which a person applies for the issue of a BPL or associated privileges, ratings
or certificates.
BFCL.010 Classes and groups of balloons
For the purpose of this Annex, balloons shall be categorised in the following classes and
groups:
(a) ‘hot-air balloon’ class:
(1) group A: envelope capacity up to 3 400 m3 (120 069 ft3);
(2) group B: envelope capacity between 3 401 m3 (120 070 ft3) and 6 000 m3 (211 888
ft3);
(3) group C: envelope capacity between 6 001 m3 (211 889 ft3) and 10 500 m3
(370 804 ft3);
(4) group D: envelope capacity of more than 10 500 m3 (370 804 ft3);
(b) ‘gas balloon’ class;
(c) ‘mixed balloon’ class;
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(d) ‘hot-air airship’ class.
BFCL.015 Application for and issue, revalidation and renewal of a BPL as well as
associated privileges, ratings and certificates
(a) An application for the following shall be submitted to the competent authority in a form
and manner established by that competent authority:
(1) the issue of a BPL and associated ratings;
(2) the extension of the privileges of a BPL;
(3) the issue of a flight instructor (FI(B)) certificate;
(4) the issue, revalidation and renewal of a flight examiner (FE(B)) certificate; and
(5) any amendments to the BPL and associated privileges, ratings certificates.
(b) An application as specified in paragraph (a) shall be accompanied by evidence that the
applicant complies with the relevant requirements established in this Annex and in
Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011.
(c) Any limitation or extension of the privileges granted by a licence, rating or certificate
shall be endorsed on the licence or certificate by the competent authority.
(d) A person shall not hold at any time more than one BPL issued in accordance with this
Annex.
(e) A licence holder shall submit applications as specified in paragraph (a) to the competent
authority designated by the Member State in which any of his or her licences was issued
in accordance with this Annex (Part-BFCL), Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011 or Annex III (Part-SFCL) to Commission Implementing
Regulation (EU) 2018/1976, as applicable.
(f) Without prejudice to (e), a BPL holder may request a change of competent authority.
Such a request shall include a transfer of all licensing and medical records related to all
licences held, as specified in paragraph (e), to the competent authority designated by
another Member State.
(g) An applicant shall apply for the issue of a BPL and associated ratings, privileges or
certificates not later than 6 months after having successfully completed the skill test or
assessment of competence.
BFCL.030 Practical skill test
Except for the skill test for the commercial operation rating as specified in point BFCL.215, an
applicant for a skill test shall be recommended for the test by the ATO or the DTO that is
responsible for the training, once the training is completed. The training records shall be made
available to the examiner.
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BFCL.035 Crediting of flight time
An applicant for a BPL or an associated privilege, rating or certificate shall be credited in full
with all solo, dual instruction or PIC flight time on balloons towards the total flight time
required for the licence, privilege, rating or certificate.
BFCL.045 Obligation to carry and present documents
(a) When exercising the privileges of his or her licence, the BPL holder shall carry:
(1) a valid BPL;
(2) a valid medical certificate;
(3) a personal identification document containing his or her photo; and
(4) sufficient logbook data to demonstrate compliance with the requirements of this
Annex.
(b) A student pilot shall carry on all solo flights:
(1) the documents as specified in paragraphs (a)(2) and (a)(3); and
(2) evidence of the authorisation required by point BFCL.125(a).
(c) A BPL holder or a student pilot shall without undue delay present the documents as
specified in paragraph (a) or (b) for inspection upon request by an authorised
representative of the competent authority.
BFCL.050 Recording of flight time
A balloon pilot shall keep a reliable record of the details of all flights flown in a form and
manner established by the competent authority.
BFCL.065 Curtailment of privileges of BPL holders aged 70 years or older in
commercial passenger ballooning
A BPL holder who has attained the age of 70 years shall not act as pilot of a balloon that is
engaged in commercial passenger ballooning.
BFCL.070 Limitation, suspension or revocation of licences, privileges, ratings and
certificates
(a) A BPL as well as associated privileges, ratings and certificates issued in accordance with
this Annex may be limited, suspended or revoked by the competent authority in
accordance with the conditions and procedures laid down in Annex VI (Part-ARA) to
Commission Regulation (EU) No 1178/2011 when a balloon pilot does not comply with
the essential requirements set out in Annex IV to Regulation (EU) 2018/1139 or with the
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requirements of this Annex as well as of Annex II (Part-BOP) to this Regulation or of
Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011.
(b) When a balloon pilot has his or her licence, privilege, rating or certificate limited,
suspended or revoked, he or she shall immediately return the licence or certificate to the
competent authority.
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SUBPART BPL
BALLOON PILOT LICENCE (BPL)
BFCL.115 BPL — Privileges and conditions
(a) The privileges of a BPL holder are to act as PIC in balloons:
(1) without remuneration in non-commercial operations; and
(2) in commercial operations when he or she holds a commercial operation rating in
accordance with point BFCL.215 of Subpart ADD of this Annex.
(b) By way of derogation from paragraph (a)(1), a BPL holder who has instructor or
examiner privileges may receive remuneration for:
(1) the provision of flight instruction for the BPL;
(2) the conduct of skill tests and proficiency checks for the BPL; and
(3) the training, testing and checking for the privileges, ratings and certificates attached
to a BPL.
(c) The exercise of the privileges granted by a BPL shall be dependent upon the compliance
of the licence holder with the applicable recency requirements and upon the validity of
the medical certificate appropriate to the privileges exercised.
BFCL.120 BPL — Minimum age
An applicant for a BPL shall be at least 16 years of age.
BFCL.125 BPL — Student pilot
(a) A student pilot shall not fly solo unless authorised to do so and supervised by a flight
instructor for balloons (FI(B)).
(b) Before his or her first solo flight, the student pilot shall be at least 14 years of age.
BFCL.130 BPL — Training course and experience requirements
An applicant for a BPL shall complete a training course at an ATO or a DTO. The course shall
be tailored to the privileges sought and shall include:
(a) theoretical knowledge as specified in point BFCL.135(a); and
(b) at least 16 hours of flight instruction in either hot-air balloons that represent group A of
that class, or gas balloons, including at least:
(1) 12 hours of dual flight instruction;
(2) 10 inflations and 20 take-offs and landings; and
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(3) 1 supervised solo flight with a flight time of at least 30 minutes.
BFCL.135 BPL — Theoretical knowledge examination
(a) Theoretical knowledge
An applicant for a BPL shall demonstrate a level of theoretical knowledge that is
appropriate to the privileges sought through examinations on the following:
(1) common subjects:
(i) air law;
(ii) human performance;
(iii) meteorology;
(iv) communications; and
(2) specific subjects concerning balloons:
(i) principles of flight;
(ii) operational procedures;
(iii) flight performance and planning;
(iv) aircraft general knowledge related to balloons; and
(v) navigation.
(b) Responsibilities of the applicant
(1) The applicant shall take the entire set of theoretical knowledge examinations for
the BPL under the responsibility of the same Member State’s competent authority.
(2) The applicant shall take the theoretical knowledge examination only when
recommended by the ATO or the DTO that is responsible for his or her training,
once he or she has completed the appropriate elements of the training course of
theoretical knowledge instruction to a satisfactory standard.
(3) The recommendation by the ATO or the DTO shall be valid for 12 months. If the
applicant has failed to take at least one theoretical knowledge examination paper
within this validity period, the need for further training shall be determined by the
ATO or the DTO, based on the needs of the applicant.
(c) Pass standards
(1) A pass in a theoretical knowledge examination paper shall be awarded to the
applicant when achieving at least 75 % of the marks allocated to that paper. No
penalty marking shall be applied.
(2) Unless otherwise specified in this Annex, an applicant is considered to have
successfully completed the required theoretical knowledge examination for the
BPL when he or she has passed all the required theoretical knowledge examination
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papers within a period of 18 months counted from the end of the calendar month
when the applicant first attempted to take the examination.
(3) If an applicant has failed to pass one of the theoretical knowledge examination
papers within four attempts or has failed to pass all papers within the period
mentioned in paragraph (2) above, he or she shall retake the complete set of
theoretical knowledge examination papers.
(4) Before retaking the theoretical knowledge examinations, the applicant shall
undertake further training at an ATO or a DTO. The extent and scope of the training
needed shall be determined by the ATO or the DTO, based on the needs of the
applicant.
(d) Validity period
The successful completion of the theoretical knowledge examination shall be valid for a
period of 24 months, counted from the day when the applicant successfully completed
the theoretical knowledge examination, in accordance with subparagraph (c)(2).
BFCL.140 BPL — Crediting of theoretical knowledge
An applicant for the issue of a BPL shall be credited towards the theoretical knowledge
requirements for the common subjects as specified in point BFCL.135(a)(1) when he or she:
(a) holds a licence in accordance with Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU)
2018/1976; or
(b) has passed the theoretical knowledge examinations for a licence as specified in
paragraph (a), as long as this is done within the validity period specified in point
BFCL.135(d).
BFCL.145 BPL — Practical skill test
(a) An applicant for a BPL shall demonstrate through the completion of a skill test the ability
to perform, as PIC on a balloon, the relevant procedures and manoeuvres with
competency appropriate to the privileges sought.
(b) An applicant shall complete the skill test in the same class of balloons in which the
training course has been completed in accordance with point BFCL.130 and, in case of
hot-air balloons, in a balloon that represents group A of that class.
(c) Before a skill test for the issue of a BPL is taken, the applicant shall have passed the
required theoretical knowledge examination.
(d) Pass standards
(1) The skill test shall be divided into different sections, representing all the different
phases of a balloon flight.
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(2) Failure in any item of a section shall cause the applicant to fail the entire section.
If the applicant fails in only one section, he or she shall repeat only that section.
Failure in more than one section shall require the applicant to retake the entire test.
(3) When the test needs to be retaken in accordance with subparagraph (d)(2), failure
in any section, including those sections that have been passed at a previous attempt,
shall require the applicant to retake the entire test.
(e) Failure to achieve a pass in all sections of the test within two attempts shall require the
applicant to receive further practical training.
BFCL.150 BPL — Extension of privileges to another balloon class or group
(a) The privileges of the BPL shall be limited to the class of balloon in which the skill test
as specified in point BFCL.145 was taken, and, in the case of hot-air balloons, to group A
of that class.
(b) In the case of hot-air balloons, the privileges of the BPL shall be extended to another
group within the hot-air balloon class upon application when a pilot has completed at
least:
(1) 2 instruction flights with an FI(B) on a balloon of the relevant group; and
(2) the following amount of hours of flight time as PIC on balloons:
(i) at least 100 hours, if privileges for group B balloons are sought;
(ii) at least 200 hours, if privileges for group C balloons are sought; and
(iii) at least 300 hours, if privileges for group D balloons are sought.
(c) Except for the mixed balloon class, the privileges of the BPL shall be extended to another
balloon class, or, if privileges for the hot-air balloon class are sought, to group A of the
hot-air balloon class, upon application when a pilot has completed in the relevant balloon
class and group, as applicable:
(1) a training course at an ATO or a DTO, including at least:
(i) 5 dual instructional flights; or
(ii) in the case of an extension from hot-air balloons to hot-air airships, 5 hours
of dual instruction time; and
(2) a skill test during which the pilot has demonstrated to the FE(B) also an adequate
level of theoretical knowledge for the other class in the following subjects:
(i) principles of flight;
(ii) operational procedures;
(iii) flight performance and planning; and
(iv) aircraft general knowledge with regard to the balloon class for which the
extension of privileges is sought.
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(d) The completion of the training as specified in paragraphs (b)(1) and (c)(1) shall be
entered in the logbook of the pilot and signed by:
(1) in the case of paragraph (b)(1), the instructor who is responsible for the instruction
flights; and
(2) in the case of paragraph (c)(1), the head of training of the ATO or of the DTO that
is responsible for the training.
(e) A BPL holder shall exercise his or her privileges in the mixed balloon class only if he or
she has privileges for both the hot-air balloon class and the gas balloon class.
BFCL.160 BPL — Recency requirements
(a) A BPL holder shall only exercise the privileges of his or her licence when he or she has
completed in the relevant balloon class:
(1) either:
(i) within the last 24 months, at least 6 hours of flight time as PIC, including
10 take-offs and landings, as PIC or flying dual or solo under the supervision
of an FI(B); and
(ii) within the last 48 months, at least 1 training flight with an FI(B); or
(2) within the last 24 months, a proficiency check in accordance with point (c).
(b) In addition, in the case of a pilot who is qualified to fly more than one class of balloons,
in order to exercise his or her privileges in the other balloon class or the other balloon
classes, he or she shall have completed at least 3 hours of flight time, as PIC or flying
dual or solo under the supervision of an FI(B), on each additional balloon class within
the last 24 months.
(c) A BPL holder who does not comply with the requirements in paragraph (a)(1) and, if
applicable, (b), before resuming the exercise of his or her privileges, shall, in a balloon
that represents the relevant class, pass a proficiency check with an FE(B).
(d) After complying with paragraph (a), (b) or (c), as applicable, a BPL holder with
privileges to fly hot-air balloons shall exercise his or her privileges only on hot-air
balloons that represent:
(i) the same group of hot-air balloons in which the training flight as specified in
paragraph (a)(2) or the proficiency check as specified in paragraph (c), as
applicable, have been completed, or a group with a smaller envelope size; or
(ii) group A of hot-air balloons in cases where a pilot, in accordance with paragraph
(b), has completed the training flight as specified in paragraph (a)(2) in a balloon
class other than hot-air balloons.
(e) The completion of the dual flights and flights under supervision as specified in
paragraphs (a)(1) and (b), the training flight as specified in paragraph (a)(2), and the
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proficiency check as specified in paragraph (c) shall be entered in the logbook of the pilot
and signed by, in the case of paragraphs (a)(1) and (a)(2), the responsible FI(B) and, in
the case of paragraph (c), the responsible FE(B).
(f) A BPL holder, including the privileges for commercial operations as specified in point
BFCL.215 of Subpart ADD of this Annex, shall be deemed to comply with the
requirements in:
(1) paragraph (a) and, if applicable, (b), in case he or she has completed a proficiency
check in accordance with point BFCL.215(d)(2)(i) in the relevant balloon class or
classes within the last 24 months; or
(2) paragraph (a)(2), in case he or she has completed the training flight as specified in
point BFCL.215(d)(2)(ii) in the relevant balloon class.
In the case of the hot-air balloon class, limitations as specified in paragraph (d) shall
apply, depending on the balloon class used for complying with paragraphs (f)(1) or (f)(2).
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SUBPART ADD
ADDITIONAL RATINGS
BFCL.200 Tethered hot-air balloon flight rating
(a) A BPL holder shall only undertake tethered flights with hot-air balloons when he or she
holds a tethered hot-air balloon flight rating in accordance with this point.
(b) An applicant for a tethered hot-air balloon flight rating shall have:
(1) privileges for the hot-air balloon class; and
(2) completed at least 2 tethered hot-air balloon instruction flights.
(c) The completion of the additional training shall be entered in the logbook and signed by
the FI(B) who is responsible for the training.
(d) A pilot who holds a tethered hot-air balloon flight rating shall only exercise his or her
privileges when he or she has completed at least 1 tethered hot-air balloon flight during
the last 48 months.
(e) When a pilot does not comply with the requirement in paragraph (d), he or she shall
perform the required hot-air balloon tethered flight, flying dual or solo under the
supervision of an FI(B), in order to fulfil the requirement in paragraph (d).
BFCL.210 Night rating
(a) A BPL holder shall only exercise the privileges of his or her licence in VFR conditions
at night when he or she holds a night rating in accordance with this point.
(b) An applicant for a night rating shall have completed at least 2 instruction flights at night
of at least 1 hour each.
(b) The completion of the training shall be entered in the logbook and signed by the FI(B)
who is responsible for the training.
BFCL.215 Commercial operation rating
(a) A BPL holder shall only exercise the privileges of his or her licence during commercial
operations with balloons when he or she holds a commercial operation rating in
accordance with this point.
(b) An applicant for a commercial operation rating shall:
(1) have attained the age of 18 years;
(2) have completed 50 hours of flight time and 50 take-offs and landings as PIC on
balloons;
(3) have the privileges for the class of balloon in which the privileges of the
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commercial operation rating will be exercised; and
(4) have passed a skill test on the relevant class of balloon during which he or she shall
demonstrate to an FE(B) the competence required for commercial balloon
operations.
(c) The privileges of the commercial operation rating shall be limited to the class of balloon
in which the skill test in accordance with paragraph (b)(3) has been completed. The
privileges shall be extended upon application to another class of balloon when, in that
other class, the applicant complies with paragraph (b)(3) and (b)(4).
(d) A pilot who holds a commercial operation rating shall exercise the privileges of that
rating in commercial passenger ballooning only when he or she has completed:
(1) within the preceding 180 days:
(i) at least 3 flights as PIC in balloons, of which at least 1 shall be in a balloon
of the relevant class; or
(ii) 1 flight as PIC in a balloon of the relevant class under the supervision of an
FI(B) who is qualified in accordance with this point; and
(2) within the preceding 24 months:
(i) a proficiency check, in a balloon of the relevant class, during which he or she
shall demonstrate to an FE(B) the competence required for commercial
passenger ballooning; or
(ii) a refresher course at an ATO or a DTO, tailored to the competence required
for commercial balloon operations, including at least 6 hours of theoretical
knowledge instruction and 1 training flight in a balloon of the relevant class
with an FI(B) who is qualified for commercial balloon operations in
accordance with this point.
(e) When complying with paragraph (d), a pilot who holds a commercial operation rating
with privileges extended to more than one class of balloons may comply with the
requirements in paragraph (d)(2) in one class of balloons for maintaining the privileges
of the commercial operation rating for all other balloon classes.
(f) After complying with paragraph (d), a pilot who holds a commercial operation rating for
the hot-air balloon class shall exercise the privileges of that rating in the hot-air balloon
class only on balloons that represent:
(i) the same group of the hot-air balloon in which the proficiency check as specified
in paragraph (d)(2)(i) or the training flight as specified in paragraph (d)(2)(ii), as
applicable, have been completed; or
(ii) a hot-air balloon group with a smaller envelope size.
(g) The completion of the flight under supervision as specified in paragraph (d)(1)(ii), the
proficiency check as specified in paragraph (d)(2)(i), and the refresher training course as
specified in paragraph (d)(2)(ii) shall be entered in the logbook of the pilot and shall be
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signed by the head of training of the ATO or the DTO, the FI(B) or the FE(B) that is
responsible for the training course, the supervision or the proficiency check, as
applicable.
(h) A pilot who has completed an operator proficiency check in accordance with point
BOP.ADD.315 of Annex II (Part-BOP) to this Regulation shall be deemed to comply
with paragraph (d)(2)(i).
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SUBPART FI
FLIGHT INSTRUCTORS
Section 1
General requirements
BFCL.300 Flight instructor certificates
(a) General
An instructor shall only carry out flight instruction in a balloon when he or she:
(1) holds:
(i) a BPL including the privileges, ratings and certificates for which flight
instruction is to be provided; and
(ii) a balloon flight instructor (FI(B)) certificate appropriate to the instruction
carried out, and issued in accordance with this Subpart; and
(2) is entitled to act as PIC in the balloon during flight instruction.
(b) Instruction provided outside the territory of the Member States
(1) By way of derogation from subparagraph (a)(1), in the case of flight instruction
provided during a training course approved in accordance with this Annex (Part-
BFCL) outside the territory for which Member States are responsible under the
Chicago Convention, the competent authority shall issue a flight instructor
certificate to an applicant who holds a balloon pilot licence issued by a third
country in accordance with Annex 1 to the Chicago Convention, provided that the
applicant:
(i) holds at least a licence including, where relevant, privileges, ratings or
certificates equivalent to those for which he or she is authorised to instruct;
(i) complies with the requirements established in this Subpart for the issue of
the FI(B) certificate with the relevant instructional privileges; and
(iii) demonstrates to the competent authority an adequate level of knowledge of
European aviation safety rules to be able to exercise his or her instructional
privileges in accordance with this Annex.
(2) The certificate shall be limited to the provision of approved flight instruction:
(i) outside the territory of the Member States; and
(ii) to a student pilot who has sufficient knowledge of the language in which
flight instruction is provided.
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Section 2
Flight instructor certificate for balloons — FI(B)
BFCL.315 FI(B) certificate — Privileges and conditions
(a) Subject to compliance of the applicant with point BFCL.320 and with the following
conditions, an FI(B) certificate shall be issued upon application with privileges to
conduct flight instruction for:
(1) a BPL;
(2) the extension of privileges to further classes and groups of balloons provided that
the applicant has completed at least 15 hours of flight time as PIC in each relevant
class;
(3) night rating;
(4) tethered flight rating; and
(5) an FI(B) certificate, provided that the applicant has:
(i) completed at least 50 hours of flight instruction on balloons; and
(ii) conducted at least 1 hour of flight instruction for the FI(B) certificate under
the supervision and to the satisfaction of an FI(B) who is qualified in
accordance with this subparagraph and nominated by the head of training of
the ATO or the DTO.
(b) The privileges listed in paragraph (a) shall include the privileges to conduct flight
instruction for:
(1) the issue of the relevant licence, privileges, ratings or certificate; and
(2) the revalidation, renewal or compliance with the relevant recency requirements of
this Annex, as applicable.
BFCL.320 FI(B) — Prerequisites and requirements
An applicant for an FI(B) certificate shall:
(a) be at least 18 years of age;
(b) comply with the requirements of subparagraphs (a)(1)(i) and (a)(2) of point
BFCL.300;
(c) have completed 75 hours of balloon flight time as PIC;
(d) have completed an instructor training course in accordance with point BFCL.330
at an ATO or a DTO; and
(e) have passed an assessment of competence in accordance with point BFCL.345.
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BFCL.325 FI(B) competencies and assessment
An applicant for an FI(B) certificate shall be trained to achieve the following competencies:
(a) prepare resources;
(b) create a climate conducive to learning;
(c) present knowledge;
(d) integrate threat and error management (TEM) and crew resource management (CRM);
(e) manage time to achieve training objectives;
(f) facilitate learning;
(g) assess trainee performance;
(h) monitor and review progress;
(i) evaluate training sessions; and
(j) report outcome.
BFCL.330 FI(B) — Training course
(a) An applicant for an FI(B) certificate shall have passed a specific pre-entry assessment at
an ATO or a DTO within the 12 months preceding the start of the course, to assess his or
her ability to take the course.
(b) The FI(B) training course shall include at least:
(1) the elements specified in point BFCL.325;
(2) 25 hours of teaching and learning;
(3) 12 hours of theoretical knowledge instruction, including progress tests; and
(4) at least 3 hours of flight instruction, including 3 take-offs and landings.
(c) An applicant who already holds an instructor certificate in accordance with Annex III
(Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 or with Annex I
(Part-FCL) to Commission Regulation (EU) No 1178/2011 shall receive full credit for
the requirement in paragraph (b)(2).
BFCL.345 FI(B) — Assessment of competence
(a) An applicant for the issue of an FI(B) certificate shall pass an assessment of competence
on a balloon to demonstrate to an examiner who is qualified in accordance with point
BFCL.415(c) the ability to instruct a student pilot to the level required for the issue of a
BPL.
(b) The assessment shall include:
(1) the demonstration of the competencies described in point BFCL.325 during pre-
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flight, post-flight and theoretical knowledge instruction;
(2) oral theoretical examinations on the ground, pre-flight and post-flight briefings,
and in-flight demonstrations in the appropriate balloon class;
(3) exercises adequate to evaluate the instructor’s competencies.
BFCL.360 FI(B) certificate — Recency requirements
(a) An FI(B) certificate holder shall only exercise the privileges of his or her certificate when
he or she has completed:
(1) within the last 3 years:
(i) instructor refresher training at an ATO, a DTO, or a competent authority
during which the holder shall receive theoretical knowledge instruction for
refreshing and updating the knowledge relevant for balloon instructors;
(ii) at least 6 hours of flight instruction in balloons as FI(B); and
(2) within the last 9 years, 1 instruction flight on a balloon as FI(B) under the
supervision and to the satisfaction of an FI(B) who is qualified in accordance with
point BFCL.315(a)(5) and nominated by the head of training of an ATO or a DTO.
(b) The hours flown as an FE(B) during skill tests, proficiency checks or assessments of
competence shall be credited in full towards the requirement in paragraph (a)(1)(ii).
(c) An FE(B) certificate holder who, for the purpose of revalidation of his or her FE(B)
certificate, within the last 3 years complies with the requirements in point BFCL.460(b),
may exercise the privileges of his or her FI(B) certificate when complying only with
paragraph (a)(1).
(d) When the FI(B) certificate holder has failed to complete the instruction flight under
supervision to the satisfaction of the FI(B) in accordance with paragraph (a)(2), he or she
shall not exercise the privileges of the FI(B) certificate until he or she has successfully
completed an assessment of competence in accordance with point BFCL.345.
(e) An FI(B) certificate holder who does not comply with the requirements in paragraph (a)
shall comply with the requirements of paragraph (a)(1)(i) and of point BFCL.345 before
he or she can resume to exercise the privileges of the FI(B) certificate.
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SUBPART FE
FLIGHT EXAMINERS
Section 1
General requirements
BFCL.400 Balloon flight examiner certificates
(a) General
An examiner shall only carry out skill tests, proficiency checks or assessments of
competence in accordance with this Annex when he or she:
(1) holds:
(i) a BPL including privileges, ratings and certificates for which he or she is
authorised to conduct skill tests, proficiency checks or assessments of
competence, and the privileges to instruct for them;
(ii) holds an FE(B) certificate including privileges appropriate to the skill test,
proficiency check or assessment of competence conducted, issued in
accordance with this Subpart; and
(2) is entitled to act as PIC in a balloon during the skill test, proficiency check or
assessment of competence.
(b) Examinations conducted outside the territory of the Member States
(1) By way of derogation from paragraph (a)(1), in the case of skill tests and
proficiency checks performed outside the territory of the Member States, a
competent authority shall issue an examiner certificate to an applicant who holds a
balloon pilot licence issued by a third country in accordance with Annex 1 to the
Chicago Convention, provided that the applicant:
(i) holds at least a licence including, where relevant, privileges, ratings, or
certificates equivalent to those for which he or she is authorised to conduct
skill tests or proficiency checks;
(ii) complies with the requirements established in this Subpart for the issue of
the relevant examiner certificate; and
(iii) demonstrates to the competent authority an adequate level of knowledge of
European aviation safety rules to be able to exercise examiner privileges in
accordance with this Annex.
(2) The certificate referred to in subparagraph (1) shall be limited to performing skill
tests and proficiency checks:
(i) outside the territory of the Member States; and
(ii) to a pilot who has sufficient knowledge of the language in which the
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test/check is provided.
BFCL.405 Limitation of privileges in case of vested interests
A balloon examiner shall not conduct:
(a) a skill test or assessment of competence of an applicant for the issue of a licence, rating
or certificate to whom he or she has provided more than 50 % of the required flight
instruction for the licence, rating or certificate for which the skill test or assessment of
competence is taken; or
(b) a skill test, proficiency check or assessment of competence whenever he or she feels that
his or her objectivity may be affected.
BFCL.410 Conduct of skill tests, proficiency checks and assessments of competence
(a) When conducting skill tests, proficiency checks and assessments of competence, a
balloon examiner shall do all of the following:
(1) ensure that communication with the applicant can be established without language
barriers;
(2) verify that the applicant complies with all the qualification, training and experience
requirements of this Annex for the issue, revalidation or renewal of the licence,
privileges, rating or certificate for which the skill test, proficiency check or
assessment of competence is taken; and
(3) make the applicant aware of the consequences of providing incomplete, inaccurate
or false information related to his or her training and flight experience.
(b) After completion of the skill test, proficiency check or assessment of competence, the
balloon examiner shall:
(1) inform the applicant of the results of the skill test, proficiency check or assessment
of competence;
(2) in the event of a pass in an assessment of competence for the revalidation or
renewal, endorse the new expiry date on the applicant’s licence or certificate, if
specifically authorised for that purpose by the competent authority that is
responsible for the applicant’s licence;
(3) provide the applicant with a signed report of the skill test, proficiency check or
assessment of competence and submit without undue delay copies of the report to
the competent authority that is responsible for the applicant’s licence, and to the
competent authority that issued the examiner certificate. The report shall include:
(i) a declaration that the balloon examiner has received information from the
applicant regarding his or her experience and instruction, and found that
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experience and instruction comply with the applicable requirements of this
Annex;
(ii) confirmation that all the required manoeuvres and exercises have been
completed, as well as information on the verbal theoretical knowledge
examination, when applicable. If an item has been failed, the examiner shall
record the reasons for this assessment;
(iii) the results of the skill test, proficiency check or assessment of competence;
(iv) a declaration that the balloon examiner has reviewed and applied the national
procedures and requirements of the applicant’s competent authority if the
competent authority that is responsible for the applicant’s licence is not the
one that issued the examiner’s certificate;
(v) a copy of the balloon examiner certificate containing the scope of his or her
privileges as balloon examiner in the case of skill tests, proficiency checks
or assessments of competence of an applicant whose competent authority is
not the one that issued the examiner’s certificate.
(c) The balloon examiner shall maintain the records for 5 years with details of all skill tests,
proficiency checks and assessments of competence performed and their results.
(d) Upon request by the competent authority that is responsible for the balloon examiner
certificate, or the competent authority that is responsible for the applicant’s licence, the
balloon examiner shall submit all records and reports, and any other information, as
required, for oversight activities.
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Section 2
Flight examiner certificate for balloons — FE(B)
BFCL.415 FE(B) certificate — Privileges and conditions
Subject to compliance of the applicant with point BFCL.420 and with the following conditions,
an FE(B) certificate shall be issued upon application with privileges to conduct:
(a) skill tests and proficiency checks for the BPL and skill tests for the extension of the
privileges to another balloon class, provided that the applicant has completed 250 hours
of flight time as pilot on balloons, including 50 hours of flight instruction covering the
full syllabus of a BPL training course;
(b) skill tests and proficiency checks for the commercial operation rating as specified in point
BFCL.215, provided that the applicant complies with the experience requirements set out
in paragraph (a) and has received specific training during an examiner standardisation
course in accordance with point BFCL.430; and
(c) assessments of competence for the issue of an FI(B) certificate, provided that the
applicant has:
(1) completed 350 hours of flight time as pilot on balloons, including 5 hours of
instruction to an applicant for the FI(B) certificate; and
(2) received specific training during an examiner standardisation course in accordance
with point BFCL.430.
BFCL.420 FE(B) certificate — Prerequisites and requirements
An applicant for an FE(B) certificate shall:
(a) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point BFCL.400;
(b) have completed the FE(B) standardisation course in accordance with point BFCL.430;
(c) have completed an assessment of competence in accordance with point BFCL.445;
(d) demonstrate relevant background related to the privileges of the FE(B) certificate; and
(e) demonstrate that he or she has not been subject to any sanctions, including the
suspension, limitation or revocation of any of his or her licences, ratings or certificates
issued in accordance with this Annex, with Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011, or with Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976, for non-compliance with Regulation (EU)
2018/1139 and its delegated and implementing acts during the last
3 years.
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BFCL.430 FE(B) certificate — Standardisation course
(a) An applicant for an FE(B) certificate shall take a standardisation course which is
provided either by the competent authority or by an ATO or a DTO and approved by that
competent authority.
(b) The standardisation course shall be tailored to the balloon flight examiner privileges
sought and shall consist of theoretical and practical instruction, including, at least:
(1) the conduct of at least 1 skill test, proficiency check or assessment of competence
for the BPL or associated ratings or certificates;
(2) instruction on the applicable requirements of this Annex and the applicable air
operations requirements, the conduct of skill tests, proficiency checks and
assessments of competence, and their documentation and reporting;
(3) a briefing on the following:
(i) national administrative procedures;
(ii) requirements for the protection of personal data;
(iii) examiner’s liability;
(iv) examiner’s accident insurance;
(v) national fees; and
(vi) information on how to access the information contained in points (i) to (v)
when conducting skill tests, proficiency checks or assessments of
competence of an applicant whose competent authority is not the one that
issued the examiner certificate.
(c) An FE(B) certificate holder shall not conduct skill tests, proficiency checks or
assessments of competence of an applicant whose competent authority is not the one that
issued the examiner certificate, unless he or she has reviewed the latest available
information containing the relevant national procedures of the applicant’s competent
authority.
BFCL.445 FE(B) certificate — Assessment of competence
An applicant for the initial issue of an FE(B) certificate shall demonstrate his or her competence
to an inspector from the competent authority or to a senior examiner specifically authorised to
do so by the competent authority that is responsible for the FE(B) certificate. During the
assessment of competence, the applicant shall conduct a skill test, proficiency check or
assessment of competence, including briefing, conduct of the skill test, proficiency check or
assessment of competence, and assessment of the person to whom the test, check or assessment
is given, debriefing and recording documentation.
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BFCL.460 FE(B) certificate — Validity, revalidation and renewal
(a) An FE(B) certificate shall be valid for 5 years.
(b) An FE(B) certificate shall be revalidated when its holder has:
(1) during the validity period of the FE(B) certificate, completed an examiner refresher
course which is provided either by the competent authority or by an ATO or a DTO
and approved by that competent authority, during which the holder shall receive
theoretical knowledge instruction for refreshing and updating the knowledge
relevant for balloon examiners; and
(2) within the last 24 months preceding the end of the validity period of the certificate,
conducted one skill test, proficiency check or assessment of competence under the
supervision and to the satisfaction of an inspector from the competent authority or
an examiner specifically authorised to do so by the competent authority that is
responsible for the FE(B) certificate.
(c) An FE(B) certificate holder who also holds one or more examiner certificates for other
aircraft categories in accordance with Annex I (Part-FCL) to Commission Regulation
(EU) No 1178/2011 or with Annex III (Part-SFCL) to Commission Implementing
Regulation (EU) 2018/1976 may achieve combined revalidation of all examiner
certificates held, in agreement with the competent authority.
(d) If an FE(B) certificate has expired, its holder shall comply with the requirements of
paragraph (b)(1) and of point BFCL.445 before he or she can resume the exercise of the
privileges of the FE(B) certificate.
(e) An FE(B) certificate shall only be revalidated or renewed if the applicant demonstrates
continued compliance with the requirements of point BFCL.410 as well as with the
requirements of point BFCL.420(d) and (e).
Page 30 of 30
EUROPEAN
COMMISSION
Brussels, XXX
[…](2019) XXX draft
Annex IIIa to EASA Opinion No 01/2019
COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
amending Commission Implementing Regulation (EU) 2018/1976 as regards sailplane
pilot licences
EN EN
DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
amending Commission Implementing Regulation (EU) 2018/1976 as regards sailplane
pilot licences
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 3922/91 (1), and in particular Articles 23 and 27 thereof,
Whereas:
(1) The European Commission is to adopt the necessary implementing rules for
establishing the requirements for sailplane pilot licences in accordance with
Regulation (EU) 2018/1139, where such aircraft meet the conditions specified in
points (b)(i) and (ii) of Article 2(1) of that Regulation.
(2) In light of the specific nature of flight crew licensing for sailplanes, there is a need for
dedicated licensing requirements laid down in self-standing regulations. Those rules
should be based on the general rules for flight crew licensing that are laid down in
Commission Regulation (EU) No 1178/2011 (2), but they should be restructured and
simplified, so as to ensure that they are proportionate and founded on a risk-based
approach, whilst ensuring that sailplane pilots are and continue to be competent to
carry out their activities and to discharge their responsibilities.
(3) These new licensing requirements for sailplane pilots should be added to Commission
Implementing Regulation (EU) 2018/1976 (3). At the same time, the licensing
requirements that are related to sailplane pilot licences and are laid down in Annex I
(Part-FCL) to Commission Regulation (EU) No 1178/2011 should be deleted, and
those requirements of Annex I (Part-FCL) that address cross-domain issues, such as
crediting provisions between sailplane pilot licences and licences for other aircraft
categories, should be revised in order to consider the new licensing requirements for
sailplanes.
(4) Pursuant to Article 12(2a)(3) of Commission Regulation (EU) No 1178/2011, Member
States may apply national licensing rules that provide access to basic pilot privileges
( 1) OJ L 212, 22.8.2018, p. 1.
( 2) 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).
( 3) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed
rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament
and of the Council (OJ L 326 , 20.12.2018, p. 64).
EN 1 EN
until 8 April 2020. Some Member States have reported to the European Commission
and the European Union Aviation Safety Agency that, in this context, authorising
student pilots to exercise limited privileges without supervision and thereby obtain
basic privileges on a step-by-step basis supports the promotion of aerial sports and
recreational activities by offering easy and more affordable access to flying.
Promoting and enabling such easier access to general aviation is in line with the
objectives of the General Aviation Road Map that aims to create a more proportional,
flexible and proactive regulatory system (4). For these reasons, Member States should
be given the discretion to continue with such modular training routes which should be
credited for the issue of a sailplane pilot licence (SPL). Member States should be
obliged to inform the European Commission and the European Union Aviation Safety
Agency if they make use of such authorisations. They should also monitor the use of
such authorisations in order to maintain an acceptable level of aviation safety.
(5) In order to ensure a smooth transition and to avoid as much as possible any disruptions
when introducing the new, specific regulatory framework for sailplane flight crew
licensing laid down in this Regulation, any certificates, authorisations and approvals
issued to sailplane pilots in accordance with Commission Regulation (EU) No
1178/2011 prior to the date of application of this Regulation should continue to be
valid. National sailplane pilot licences issued prior to the date of application of this
Regulation should be converted into licences, issued in accordance with this
Regulation, through conversion reports established by the Member States in
consultation with the European Union Aviation Safety Agency.
(6) Credit should be granted for sailplane pilot training that commenced prior to the date
of application of this Regulation. As the new sailplane pilot training requirements that
are introduced with this Regulation are equally or less demanding compared to the so
far applicable requirements of Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011, training in accordance with Annex I (Part-FCL) should be fully
credited. Credit for training that commenced in accordance with Annex 1 to the
Chicago Convention should be determined through credit reports established by the
Member States.
(7) It should be possible for Member States to accept sailplane licences that are issued by
third countries. Based on the requirements of the so far applicable Article 8 of
Commission Regulation (EU) No 1178/2011, the conditions for accepting third-
country sailplane pilot licences should be laid down.
(8) The requirements of Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII
(Part-DTO) to Commission Regulation (EU) No 1178/2011 should continue to apply
to sailplane flight crew licensing as, in the context of making the regulatory
framework for sailplane pilot licences simpler, lighter and better, there is no need for
amendments with regard to these Annexes. Existing training organisations should be
given the appropriate time to adapt their training programmes, where necessary, in the
context of the simplified training requirements.
(9) The European Union Aviation Safety Agency has prepared draft implementing rules
and submitted them with Opinion No 01/2019 (5) to the European Commission in
accordance with points (b) and (c) of Article 75(2) and with Article 76(1) of
Regulation (EU) 2018/1139.
( 4) https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map
( 5) https://www.easa.europa.eu/document-library/opinions
EN 2 EN
(10) The measures provided for in this Regulation are in accordance with the opinion of the
committee established by Article 127 of Regulation (EU) 2018/1139,
HAS ADOPTED THIS REGULATION:
Article 1
Commission Implementing Regulation (EU) 2018/1976 is amended as follows:
(1) the title of Commission Implementing Regulation (EU) 2018/1976 is replaced by the
following:
‘Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying
down detailed rules for the operation of as well as the flight crew licensing for
sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of
the Council’;
(2) in Article 1, paragraph 1 is replaced by the following:
‘1. This Regulation lays down detailed rules for air operations with sailplanes as well
as for issuing and maintaining pilot licences and associated ratings, privileges and
certificates for sailplanes, where such aircraft meet the conditions laid down in
points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139.’;
(3) Article 2 is amended as follows:
(a) the introductory sentence is replaced by the following:
‘For the purpose of this Regulations, the following definitions and, unless terms
are defined otherwise in this Article, the definitions of Article 2 of Commission
Regulation (EU) No 1178/2011 apply:’;
(b) point (10) is replaced by the following:
‘(10) “dry lease agreement” means an agreement between undertakings pursuant
to which the sailplane is operated under the responsibility of the lessee;’;
(b) The following points (11) to (13) are added:
‘(11) “national licence” means a pilot licence issued by a Member State in
accordance with national legislation before the date of application of Annex
III (Part-SFCL) to this Regulation or of Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011;
(12) “Part-SFCL licence” means a flight crew licence which complies with the
requirements of Annex III (Part-SFCL) to this Regulation;
(13) “conversion report” means a report on the basis of which a licence may be
converted into a Part-SFCL licence;’;
(4) after Article 3, the following Articles 3a to 3e are inserted:
‘Article 3a
Pilot licences and medical certification
1. Without prejudice to Article 3d of this Regulation, pilots of aircraft referred to in
Article 1(1) shall comply with the technical requirements and administrative
procedures laid down in Annex III (Part-SFCL) to this Regulation and in
Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011.
EN 3 EN
2. As an exception to the privileges of the holders of licences as defined in Annex III
(Part-SFCL) to this Regulation, holders of such licences may carry out flights
referred to in Article 3(2)(a) to (d) without complying with point SFCL.115(a)(3)
of Annex III (Part-SFCL) to this Regulation.
3. A Member State may authorise student pilots who follow an SPL training course
to exercise limited privileges without supervision before they meet all the
requirements that are necessary for the issue of an SPL in accordance with
Annex III (Part-SFCL) to this Regulation, subject to the following conditions:
(a) the scope of the privileges granted shall be based on a safety risk assessment
carried out by the Member State, taking into account the extent of training
necessary for the intended level of pilot competence to be achieved;
(b) the privileges shall be limited to the following:
(i) the whole or part of the national territory of the authorising Member
State; and
(ii) sailplanes that are registered in the authorising Member State;
(c) the holder of such an authorisation who applies for the issue of a sailplane
pilot licence (SPL) shall receive credits for training conducted under the
authorisation on the basis of a recommendation from an approved training
organisation (ATO) or a declared training organisation (DTO);
(d) the Member State shall submit reports and safety risk assessments to the
European Commission and the European Union Aviation Safety Agency
every 3 years;
(e) the Member State shall monitor the use of authorisations issued under this
paragraph to ensure an acceptable level of aviation safety and take
appropriate action in case of identifying an increased safety risk or any
safety concerns.
Article 3b
Existing pilot licences and national medical certificates
1. Part-FCL licences for sailplanes and associated privileges, ratings and certificates
issued by a Member State before the date of application of this Regulation shall be
deemed to have been issued in accordance with this Regulation. When a Member
State reissues licences for administrative reasons or upon application by licence
holders, the Member State shall replace these licences with licences that comply
with the format laid down in Annex VI (Part-ARA) to Commission Regulation
(EU) No 1178/2011.
2. When a Member State reissues licences and associated privileges, ratings and
certificates in accordance with paragraph 1, the Member State shall, as applicable:
(a) transfer all privileges endorsed so far in Part-FCL licences to the new
licence format;
(b) convert aerobatic ratings issued in accordance with point FCL.800 of
Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 into
advanced aerobatic privileges in accordance with point SFCL.200(c) of
Annex III (Part-SFCL) to this Regulation; and
EN 4 EN
(c) endorse the expiry date of a flight instructor certificate associated with a
Part-FCL licence into the pilot’s logbook or issue an equivalent document.
After that date, those pilots shall exercise instructor privileges only when
they comply with point SFCL.460 of Annex III (Part-SFCL) to this
Regulation.
3. Holders of national licences for sailplanes issued by a Member State before the
date of application of Annex III (Part-SFCL) to this Regulation shall be allowed to
continue to exercise the privileges of their licences until 8 April 2021. By that
date, these licences shall have been converted into Part-SFCL licences and
associated ratings, privileges and certificates in accordance with the elements laid
down in a conversion report that complies with the requirements of Article 4(4)
and (5) of Commission Regulation (EU) No 1178/2011.
4. National pilot medical certificates associated with a licence as specified in
paragraph 2 above and issued by a Member State before the date of application of
Annex III (Part-SFCL) to this Regulation shall remain valid until the date of their
next revalidation or until 8 April 2021, whichever is the earlier. The revalidation
of these medical certificates shall comply with the requirements of Annex IV
(Part-MED) to Commission Regulation (EU) No 1178/2011.
Article 3c
Credit for training that commenced prior to the date of application of this
Regulation
1. In respect of issuing Part-SFCL licences and associated privileges, ratings or
certificates in accordance with Annex III (Part-SFCL) to this Regulation, training
that commenced prior to the date of application of this Regulation in accordance
with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be
deemed to have commenced in accordance with this Regulation.
2. Training that commenced prior to the date of application of this Regulation or of
Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, in
accordance with Annex 1 to the Chicago Convention, shall be given credit for the
purposes of issuing Part-SFCL licences on the basis of a credit report established
by the Member State in consultation with the European Union Aviation Safety
Agency.
3. The credit report shall describe the scope of the training, indicate for which
requirements of Part-SFCL credit is given and, if applicable, which requirements
applicants need to comply with in order to be issued with a
Part-SFCL licence. It shall include copies of all the documents that are necessary
to demonstrate the scope of the training, as well as copies of the national
regulations and procedures in accordance with which the training was
commenced.
EN 5 EN
Article 3d
Conditions for the acceptance of licences issued by third countries
1. Without prejudice to international agreements concluded between the European
Union and a third country in accordance with point (a) of Article 68(1) of
Regulation (EU) 2018/1139 covering sailplane pilot licensing, Member States
may accept third-country sailplane licences and associated ratings, privileges or
certificates, as well as associated medical certificates issued by or on behalf of
third countries, in accordance with the provisions of Annex III to Commission
Regulation (EU) No 1178/2011.
2. Applicants for a Part-SFCL licence who already hold at least an equivalent
licence, rating, privilege or certificate issued in accordance with Annex 1 to the
Chicago Convention by a third country shall comply with all the requirements of
Annex III (Part-SFCL) to this Regulation, except that the course duration, the
number of lessons and the specific training hours may be reduced.
3. The credit given to the applicant shall be determined by the Member State to
which the pilot applies on the basis of a recommendation from an ATO or a DTO
for sailplanes.
Article 3e
Training organisations
1. Training organisations for pilot licences referred to in Article 1(1) shall comply
with the requirements of Article 10a of Commission Regulation (EU)
No 1178/2011.
2. Training organisations referred to in paragraph 1 which hold an approval issued in
accordance with Annex VII (Part-ORA) to Commission Regulation (EU)
No 1178/2011 or have submitted a declaration in accordance with Annex VIII
(Part-DTO) to Commission Regulation (EU) No 1178/2011 before the date of
application of this Regulation shall adapt their training programmes, where
necessary, by 8 April 2021 at the latest.’;
(5) Annex I (Part-DEF) is amended in accordance with Annex I to this Regulation;
(6) Annex III (Part-SFCL) is added as set out in Annex II to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
It shall apply from 8 April 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Commission
The President
[…]
EN 6 EN
Annex IIIb to EASA Opinion No 01/2019
Draft Annex I and II
to draft Commission Implementing Regulation (EU) …/… [reference to amending
regulation] amending draft Commission Regulation (EU) 2018/1976 laying down
detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of
the European Parliament and of the Council
ANNEX I
Annex I ‘Definitions’ (Part-DEF) to Commission Regulation (EU) 2018/1976 is amended as
follows:
(1) The introductory sentence is replaced by the following:
‘For the purpose of this Regulation, the following definitions and, unless terms are
defined otherwise in this Annex, the definitions of Article 2 of Commission Regulation
(EU) No 1178/2011 as well as of point FCL.010 of Annex I (Part-FCL) to that
Regulation, shall apply:’;
(2) point 13 is replaced by the following:
‘13. “night” means the period between the end of evening civil twilight and the
beginning of morning civil twilight. Civil twilight ends in the evening when the
centre of the sun’s disc is 6 degrees below the horizon and begins in the morning
when the centre of the sun’s disc is 6 degrees below the horizon;’;
(3) the following points 14 to 19 are added:
‘14. “skill test” means the demonstration of skill for the purpose of issuing a licence or
rating, or extension of a privilege, including oral examinations as may be required;
15. “assessment of competence” means the demonstration of skill, knowledge and
attitude for the initial issue, revalidation or renewal of an instructor or examiner
certificate;
16. “flight time” means:
(a) for self-launch sailplanes and touring motor gliders, the total time from the
moment an aircraft first moves for the purpose of taking off until the moment
it finally comes to rest at the end of the flight;
(b) for sailplanes, the total time from the moment the sailplane commences the
ground run in the process of taking off until the moment the sailplane finally
comes to a rest at the end of flight;
17. “proficiency check” means the demonstration of skill for the purpose of complying
with the recency requirements as established in this Regulation, and including oral
examinations as may be required;
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18. “solo flight” means a flight during which a student pilot is the sole occupant of an
aircraft;
19. “cross-country flight” means a flight outside the line of sight or distance defined
by the local authority from the field of departure using standard navigation
procedures.’
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ANNEX II
‘ANNEX III
REQUIREMENTS FOR SAILPLANE FLIGHT CREW LICENSING
[PART-SFCL]
SUBPART GEN
GENERAL REQUIREMENTS
SFCL.001 Scope
This Annex establishes the requirements for the issue of a sailplane pilot licence (SPL) and
associated privileges, ratings and certificates, and the conditions for their validity and use.
SFCL.005 Competent authority
For the purpose of this Annex, the competent authority shall be an authority designated by the
Member State to which a person applies for the issue of an SPL or associated privileges, ratings
or certificates.
SFCL.015 Application for and issue, revalidation and renewal of an SPL as well as
associated privileges, ratings and certificates
(a) The following shall be submitted to the competent authority in a form and manner
established by that competent authority:
(1) an application for:
(i) the issue of an SPL and associated ratings;
(ii) the extension of the privileges of an SPL, except for the privileges specified
in points SFCL.115(a)(2) and (a)(3), SFCL.155, SFCL.200 and SFCL.215;
(iii) the issue of a flight instructor (FI(S)) certificate;
(iv) the issue, revalidation and renewal of a flight examiner (FE(S)) certificate;
(v) any amendments to the SPL and associated privileges, ratings and
certificates, except for the privileges referred to in paragraph (a)(1)(ii); and
(2) if mandated by the competent authority, a copy of the relevant logbook entries as
specified in points SFCL.115(d), SFCL.155(b), SFCL.200(f) and SFCL.215(d).
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(b) An application as specified in paragraph (a) shall be accompanied by evidence that the
applicant complies with the relevant requirements established in this Annex and in
Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011.
(c) Any limitation or extension of the privileges granted by a licence, rating or certificate
shall be endorsed on the licence or certificate by the competent authority, except for
obtaining the privileges as specified in paragraph (a)(1)(ii).
(d) A person shall not hold at any time more than one SPL issued in accordance with this
Annex.
(e) A licence holder shall submit applications as specified in paragraph (a) to the competent
authority designated by the Member State in which any of his or her licences was issued
in accordance with this Annex (Part-SFCL), Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011 or Annex III (Part-BFCL) to Commission Regulation
(EU) 2018/395, as applicable.
(f) Without prejudice to paragraph (e), an SPL holder may request a change of competent
authority. Such a request shall include a transfer of all licensing and medical records
related to all licences held, as specified in paragraph (e), to the competent authority
designated by another Member State.
(g) An applicant shall apply for the issue of an SPL and associated ratings, privileges or
certificates not later than 6 months after having successfully completed the skill test or
assessment of competence.
SFCL.030 Practical skill test
An applicant for a skill test shall be recommended for the test by the ATO or the DTO that is
responsible for the training, once the training is completed. The training records shall be made
available to the examiner.
SFCL.035 Crediting of flight time
An applicant for an SPL or an associated privilege, rating or certificate shall be credited in full
with all solo, dual instruction or PIC flight time on sailplanes towards the total flight time
required for the licence, privilege, rating or certificate.
SFCL.045 Obligation to carry and present documents
(a) When exercising the privileges of his or her licence, the SPL holder shall carry:
(1) a valid SPL;
(2) a valid medical certificate;
(3) a personal identification document containing his or her photo; and
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(4) sufficient logbook data to demonstrate compliance with the requirements of this
Annex.
(b) A student pilot shall carry on all solo cross-country flights:
(1) the documents as specified in paragraphs (a)(2) and (a)(3); and
(2) evidence of the authorisation required by point SFCL.125(a).
(c) An SPL holder or student pilot shall without undue delay present the documents as
specified in paragraph (a) for inspection upon request by an authorised representative of
the competent authority.
(d) By way of derogation from paragraphs (a) and (b), the documents specified therein may
be retained at the aerodrome or operating site for flights that remain:
(1) within the sight of the aerodrome or operating site; or
(2) within a distance from the aerodrome or operating site determined by the competent
authority.
SFCL.050 Recording of flight time
A sailplane pilot shall keep a reliable record of the details of all flights flown in a form and
manner established by the competent authority.
SFCL.065 Curtailment of privileges of SPL holders aged 70 years or older in
commercial passenger sailplane operations
An SPL holder who has attained the age of 70 years shall not act as pilot of a sailplane that is
engaged in commercial passenger sailplane operations.
SFCL.070 Limitation, suspension and revocation of licences, privileges, ratings and
certificates
(a) An SPL as well as associated privileges, ratings and certificates issued in accordance
with this Annex may be limited, suspended or revoked by the competent authority in
accordance with the conditions and procedures laid down in Annex VI (Part-ARA) to
Commission Regulation (EU) No 1178/2011 when a sailplane pilot does not comply with
the essential requirements set out in Annex IV to Regulation (EU) 2018/1139 or with the
requirements of this Annex as well as of Annex II (Part-SAO) to this Regulation or with
Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011.
(b) When a sailplane pilot has his or her licence, privilege, rating or certificate limited,
suspended or revoked, he or she shall immediately return the licence or certificate to the
competent authority.
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SUBPART SPL
SAILPLANE PILOT LICENCE (SPL)
SFCL.115 SPL — Privileges and conditions
(a) Subject to compliance with point SFCL.150, the privileges of an SPL holder are to act as
PIC in sailplanes:
(1) without remuneration in non-commercial operations;
(2) including the carriage of passengers only when he or she:
(i) complies with point SFCL.160(e); and
(ii) either:
(A) has completed, after the issue of the SPL, at least 10 hours of flight
time or 30 launches or take-offs and landings as PIC on sailplanes,
including 1 training flight during which holders shall demonstrate to an
FI(S) the competence required for the carriage of passengers; or
(B) holds an FI(S) certificate in accordance with Subpart FI; and
(3) in operations other than those specified in paragraph (a)(1), only when he or she
has:
(i) attained the age of 18 years;
(ii) completed, after the issue of the licence, 75 hours of flight time or
200 launches or take-offs and landings as PIC on sailplanes.
(b) By way of derogation from paragraph (a), the SPL holder who has instructor or examiner
privileges may receive remuneration for:
(1) the provision of flight instruction for the SPL;
(2) the conduct of skill tests and proficiency checks for the SPL; and
(3) the training, testing and checking for the privileges, ratings and certificates attached
to an SPL.
(c) The exercise of the privileges granted by an SPL shall be dependent upon the compliance
of the licence holder with the applicable recency requirements and upon the validity of
the medical certificate appropriate to the privileges exercised.
(d) The completion of the training flight as specified in paragraph (a)(2)(ii)(A) shall be
entered in the logbook of the pilot and signed by the instructor who is responsible for the
training flight.
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SFCL.120 SPL — Minimum age
An applicant for an SPL shall be at least 16 years of age.
SFCL.125 SPL — Student pilot
(a) A student pilot shall not fly solo unless authorised to do so and supervised by a flight
instructor for sailplanes (FI(S)).
(b) Before his or her first solo flight, the student pilot shall be at least 14 years of age.
SFCL.130 SPL — Training course and experience requirements
(a) An applicant for an SPL shall complete a training course at an ATO or a DTO. The course
shall be tailored to the privileges sought and shall include:
(1) theoretical knowledge as specified in point SFCL.135; and
(2) at least 15 hours of flight instruction in sailplanes, including at least:
(i) 10 hours of dual flight instruction which shall include the dual flight
instruction as specified in paragraphs (2)(iv)(A) or (2)(v)(A), as applicable;
(ii) 2 hours of supervised solo flight time;
(iii) 45 launches or take-offs and landings;
(iv) if privileges for sailplanes, excluding TMGs, are sought, at least 7 hours of
flight instruction in sailplanes, excluding TMGs, including at least:
(A) 3 hours of dual flight instruction; and
(B) 1 solo cross-country flight of at least 50 km (27 NM) or 1 dual cross-
country flight of at least 100 km (55 NM), in a sailplane, excluding
TMGs; and
(v) if privileges for TMGs are sought, at least 6 hours of flight instruction in
TMGs, including at least:
(A) 4 hours of dual flight instruction; and
(B) 1 solo cross-country flight of at least 150 km (80 NM) in a TMG, during
which one full-stop landing at an aerodrome different from the
aerodrome of departure shall be performed.
(b) An applicant who holds a pilot licence for another category of aircraft, with the exception
of balloons, shall be credited with 10 % of his or her total flight time as PIC on such
aircraft up to a maximum of 7 hours. The amount of credit given shall in any case:
(1) not include the requirements of paragraphs (a)(2)(ii), (a)(2)(iv)(B) and (a)(2)(v)(B);
and
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(2) with regard to paragraph (a)(2)(iii), not exceed 10 launches or take-offs and
landings.
SFCL.135 SPL — Theoretical knowledge examination
(a) Theoretical knowledge
An applicant for an SPL shall demonstrate a level of theoretical knowledge that is
appropriate to the privileges sought through examinations on the following:
(1) common subjects:
(i) air law;
(ii) human performance;
(iii) meteorology;
(iv) communications; and
(2) specific subjects concerning sailplanes:
(i) principles of flight;
(ii) operational procedures;
(iii) flight performance and planning;
(iv) aircraft general knowledge related to sailplanes; and
(v) navigation.
(b) Responsibilities of the applicant
(1) The applicant shall take the entire set of theoretical knowledge examinations for
the SPL under the responsibility of the same Member State’s competent authority.
(2) The applicant shall take the theoretical knowledge examination only when
recommended by the ATO or the DTO that is responsible for his or her training,
once he or she has completed the appropriate elements of the training course of
theoretical knowledge instruction to a satisfactory standard.
(3) The recommendation by the ATO or the DTO shall be valid for 12 months. If the
applicant has failed to take at least one theoretical knowledge examination paper
within this validity period, the need for further training shall be determined by the
ATO or the DTO, based on the needs of the applicant.
(c) Pass standards
(1) A pass in a theoretical knowledge examination shall be awarded to the applicant
when achieving at least 75 % of the marks allocated to that paper. No penalty
marking shall be applied.
(2) Unless otherwise specified in this Annex, an applicant is considered to have
successfully completed the required theoretical knowledge examination for the
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SPL when he or she has passed all the required theoretical knowledge examination
papers within a period of 18 months counted from the end of the calendar month
when the applicant first attempted to take the examination.
(3) If an applicant has failed to pass one of the theoretical knowledge examination
papers within four attempts or has failed to pass all papers within the period
mentioned in paragraph (2) above, he or she shall retake the complete set of
theoretical knowledge examination papers.
(4) Before retaking the theoretical knowledge examinations, the applicant shall
undertake further training at an ATO or a DTO. The extent and scope of the training
needed shall be determined by the ATO or the DTO, based on the needs of the
applicant.
(d) Validity period
The successful completion of the theoretical knowledge examinations shall be valid for
a period of 24 months, counted from the day when the applicant successfully completed
the theoretical knowledge examination, in accordance with subparagraph (c)(2).
SFCL.140 SPL — Crediting of theoretical knowledge
An applicant for the issue of an SPL shall be credited towards the theoretical knowledge
requirements for the common subjects as specified in point SFCL.135(a)(1) when he or she:
(a) holds a licence in accordance with Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011 or with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395;
or
(b) has passed the theoretical knowledge examinations for a licence as specified in paragraph
(a), as long as this is done within the validity period specified in point SFCL.135(d).
SFCL.145 SPL — Practical skill test
(a) An applicant for an SPL shall demonstrate through the completion of a skill test the
ability to perform, as PIC on sailplanes, the relevant procedures and manoeuvres with
competency appropriate to the privileges sought.
(b) An applicant shall complete the skill test in a sailplane, excluding TMGs, or a TMG,
depending on the privileges sought and provided that the training course in accordance
with point SFCL.130 included the necessary training elements for the relevant aircraft.
An applicant who has completed a training course, including the necessary training
elements for both sailplanes and TMGs, may complete 2 skill tests, 1 in a sailplane,
excluding TMGs, and 1 in a TMG, in order to obtain privileges for both aircraft.
(c) Before a skill test for the issue of an SPL is taken, the applicant shall have passed the
required theoretical knowledge examinations.
(d) Pass standards
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(1) The skill test shall be divided into different sections, representing all the different
phases of a sailplane flight.
(2) Failure in any item of a section shall cause the applicant to fail the entire section.
If the applicant fails in only one section, he or she shall repeat only that section.
Failure in more than one section shall require the applicant to retake the entire test.
(3) When the test needs to be retaken in accordance with subparagraph (d)(2), failure
in any section, including those sections that have been passed at a previous attempt,
shall require the applicant to retake the entire test.
(e) Failure to achieve a pass in all sections of the test within two attempts shall require the
applicant to receive further practical training.
SFCL.150 SPL — Sailplane and TMG privileges
(a) When the skill test as specified in point SFCL.145 has been completed in a sailplane,
excluding TMGs, the privileges of an SPL shall be limited to sailplanes, excluding
TMGs.
(b) In the case specified in paragraph (a), the privileges of an SPL shall be extended to TMGs
upon application when a pilot has:
(1) completed at an ATO or a DTO the training elements specified in point
SFCL.130(a)(2)(v); and
(2) passed a skill test to demonstrate an adequate level of practical skill in a TMG.
During this skill test, the applicant shall also demonstrate to the examiner an
adequate level of theoretical knowledge for TMGs in the following subjects:
(i) principles of flight;
(ii) operational procedures;
(iii) flight performance and planning;
(iv) aircraft general knowledge; and
(v) navigation.
(c) A holder of a licence issued in accordance with Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011 shall receive full credit towards the requirements in
paragraph (b) provided that he or she:
(1) holds a class rating for TMGs; or
(2) has TMG privileges and complies with the recency requirements in point
FCL.140.A of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011.
(d) When the skill test as specified in point SFCL.145 has been completed in a TMG, the
privileges of the SPL shall be limited to TMGs.
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(e) In the case specified in paragraph (d), the privileges of the SPL shall be extended upon
application to sailplanes when a pilot has:
(1) completed at an ATO or a DTO the training elements specified in point
SFCL.130(a)(2)(iv) and at least 15 launches and landings in a sailplane, excluding
TMGs; and
(2) passed a skill test to demonstrate an adequate level of practical skill in a sailplane,
excluding TMGs. During this skill test, the pilot shall also demonstrate to the
examiner an adequate level of theoretical knowledge for sailplanes, excluding
TMGs, in the following subjects:
(i) principles of flight;
(ii) operational procedures;
(iii) flight performance and planning;
(iv) aircraft general knowledge; and
(v) navigation.
(f) The completion of the training as specified in paragraphs (b)(1) and (e)(1) shall be
entered in the logbook of the pilot and signed by the head of training of the ATO or the
DTO that is responsible for the training.
SFCL.155 SPL — Launching methods
(a) An SPL holder shall exercise his or her privileges only by using those launching methods
for which the following training has been completed, either during the training course in
accordance with point SFCL.130 or point SFCL.150(e)(1), or during additional training
provided by an instructor after the issue of the SPL:
(1) in the case of winch launch and car launch, a minimum of 10 launches in dual flight
instruction, and 5 solo launches under supervision;
(2) in the case of aerotow or self-launch, a minimum of 5 launches in dual flight
instruction, and 5 solo launches under supervision. In the case of self-launch, dual
flight instruction may be conducted in TMGs;
(3) in the case of bungee launch, a minimum of 3 launches performed in dual flight
instruction or solo under supervision; and
(4) in case of further launching methods, training as required by the competent
authority.
(b) The completion of the training as specified in paragraph (a) shall be entered in the
logbook of the pilot and signed by the head of training of the ATO or the DTO or the
instructor that is responsible for the training, as applicable.
(c) In order to maintain the privileges he or she has for each launching method, in accordance
with the requirements of paragraphs (a) and (b), an SPL holder shall have completed a
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minimum of 5 launches during the last 2 years, except for bungee launch, in which case
he or she shall have completed only 2 launches. In the case of self-launch, launches may
be done in self-launch or through take-offs in TMGs or a combination of these.
(d) When an SPL holder does not comply with the requirement in paragraph (d), he or she
shall perform the additional number of launches flying dual or solo under the supervision
of an instructor in order to renew the privileges.
SFCL.160 SPL — Recency requirements
(a) Sailplanes, excluding TMGs
An SPL holder shall only exercise the privileges of his or her licence on sailplanes,
excluding TMGs, when he or she has, in the last 2 years:
(1) completed, on sailplanes, at least 5 hours of flight time as PIC or flying dual or solo
under the supervision of an FI(S), including, on sailplanes, excluding TMGs, at
least:
(i) 15 launches; and
(ii) 2 training flights with an FI(S); or
(2) passed a proficiency check with an FE(S) on a sailplane, excluding TMGs;
the proficiency check shall be based on the skill test for SPL.
(b) TMGs
An SPL holder shall only exercise the privileges of his or her licence in TMGs when he
or she has, in the last 2 years:
(1) completed at least 12 hours of flight time as PIC or flying dual or solo under the
supervision of an instructor on sailplanes, including, on TMGs, at least:
(i) 6 hours flight time;
(ii) 12 take-offs and landings; and
(iii) a training flight of at least 1 hour total flight time with an instructor; or
(2) passed a proficiency check with an examiner; the proficiency check shall be based
on the skill test as specified in point SFCL.150(b)(2).
(c) An SPL holder with privileges to fly on TMGs who also holds a licence including the
privileges to fly on TMGs in accordance with the provisions of Annex I (Part-FCL) to
Commission Regulation (EU) No 1178/2011 shall be exempted from complying with
paragraph (b).
(d) The completion of the dual flights and flights under supervision as specified in
paragraph (a)(1), the training flights as specified in paragraphs (a)(1)(ii) and (b)(1)(iii),
and the proficiency checks as specified in paragraph (a)(2) and (b)(2) shall be entered in
the logbook of the pilot and signed by, in the case of paragraphs (a)(1), (a)(1) and
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(b)(1)(iii), the responsible FI(S) and, in the case of paragraphs (a)(2) and (b)(2), the
responsible FE(S).
(e) Carriage of passengers
An SPL holder shall only carry passengers when he or she has carried out as PIC, in the
preceding 90 days, at least:
(1) 3 launches in sailplanes, excluding TMGs, if passengers are to be carried in
sailplanes, excluding TMGs; or
(2) 3 take-offs and landings in TMGs, if passengers are to be carried in a TMG.
For carrying passengers at night in a TMG, at least 1 of these take-offs and landings
shall be carried out at night.
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SUBPART ADD
ADDITIONAL RATINGS AND PRIVILEGES
SFCL.200 Aerobatic privileges
(a) An SPL holder shall only undertake aerobatic flights in sailplanes with any engine
stopped, or, in the case of paragraph (d) and (e), with engine power, when he or she holds
the appropriate aerobatic privileges in accordance with this point.
(b) Basic aerobatic privileges:
(1) entitle its holder to undertake aerobatic flights limited to the following manoeuvres:
(i) 45-degree climbing and diving lines performed as aerobatic manoeuvres;
(ii) inside loops;
(iii) wingover;
(iv) lazy eight; and
(v) spins; and
(2) are included in the privileges of an SPL after a pilot has completed:
(i) after the issue of the SPL, at least 30 hours of flight time or 120 launches as
PIC on sailplanes;
(ii) a training course at an ATO or a DTO, including:
(A) theoretical knowledge instruction appropriate for the privileges sought;
and
(B) aerobatic flight instruction on the manoeuvres specified in
paragraph (b)(1).
(c) Advanced aerobatic privileges:
(1) entitle its holder to undertake aerobatic flights not limited to manoeuvres as
specified in paragraph (b)(1); and
(2) are included in the privileges of an SPL after a pilot has:
(i) complied with the requirements of paragraph (b)(2)(i); and
(ii) completed a training course at an ATO or a DTO, including:
(A) theoretical knowledge instruction appropriate for the privileges sought;
and
(B) at least 5 hours or 20 flights of aerobatic flight instruction.
(d) The basic or advanced aerobatic privileges shall include aerobatic flights in sailplanes
with engine power, provided that a pilot, during a training course in accordance with
paragraphs (b)(2)(ii) or (c)(2)(ii), as applicable, has received training in aerobatic flight
in sailplanes with engine power.
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(e) The privileges of an SPL shall include advanced aerobatic privileges for TMGs flown
with engine power when a pilot also has or has had an aerobatic rating in accordance with
point FCL.800 of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011,
including privileges for aerobatic flight on TMGs.
(f) The completion of the training course as specified in paragraphs (b)(2)(ii) and (c)(2)(ii)
and, as applicable, the inclusion of training specified in paragraph (d), shall be entered in
the logbook and signed by the head of training of the ATO or the DTO that is responsible
for the training.
SFCL.205 Sailplane towing and banner towing rating
(a) An SPL holder who has privileges to fly TMGs shall only tow sailplanes or banners when
he or she holds the appropriate sailplane towing or banner towing rating in accordance
with this point.
(b) An applicant for a sailplane towing rating shall have completed:
(1) at least 30 hours of flight time as PIC and 60 take-offs and landings in TMGs, after
obtaining TMG privileges; and
(2) a training course at an ATO or a DTO, including:
(i) theoretical knowledge instruction on sailplane towing operations and
procedures;
(ii) at least 10 training flights towing a sailplane, including at least 5 dual training
flights; and
(iii) in the case of an SPL holder with privileges restricted to TMG in accordance
with point SFCL.150(d), 5 familiarisation flights in a sailplane which is
launched by an aircraft.
(c) An applicant for a banner towing rating shall have completed:
(1) at least 100 hours of flight time and 200 take-offs and landings as PIC on TMGs,
after obtaining TMG privileges;
(2) a training course at an ATO or a DTO, including:
(i) theoretical knowledge instruction on banner towing operations and
procedures;
(ii) at least 10 instruction flights towing a banner, including at least 5 dual flights.
(d) An applicant for a sailplane towing rating or a banner towing rating in accordance with
this point who already holds a sailplane towing or banner towing rating, as applicable, in
accordance with point FCL.805(b) of Annex I (Part-FCL) to Commission Regulation
(EU) No 1178/2011 or who has fulfilled all the requirements for the issue of that rating
shall:
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(1) receive full credit towards the requirements in paragraph (b) or (c) for obtaining
the sailplane towing or the banner towing rating, as applicable, when his or her
relevant towing rating as specified in paragraph (d) includes privileges for towing
with TMGs; or
(2) have completed at least 3 dual instruction flights covering the full sailplane towing
or banner towing training syllabus, as applicable, in TMGs.
(e) The completion of the training course as specified in paragraphs (b)(2), (c)(2) and (d)(2)
shall be entered in the logbook and signed by the head of training of the ATO or the DTO
or the instructor who is responsible for the training, as applicable.
(f) In order to exercise the privileges of the sailplane towing or banner towing rating, the
holder of the rating shall have completed a minimum of 5 tows during the last 2 years.
(g) When a holder of the sailplane towing rating does not comply with the requirement in
paragraph (f), before resuming the exercise of his or her privileges, he or she shall
complete the missing tows with or under the supervision of an instructor.
SFCL.210 TMG night rating
(a) An SPL holder with privileges to fly TMGs shall only exercise his or her TMG privileges
in VFR conditions at night when he or she holds a TMG night rating in accordance with
this point.
(b) An applicant for a TMG night rating shall have completed a training course at an ATO
or a DTO. The course shall comprise:
(1) theoretical knowledge instruction in flying in visual flight rules (VFR) conditions
at night; and
(2) at least 5 hours of flight time in TMGs at night, including at least 3 hours of dual
instruction, including at least:
(i) 1 hour of cross-country navigation with at least 1 dual cross-country flight of
at least 50 km (27 NM);
(ii) 5 solo take-offs; and
(iii) 5 solo full-stop landings.
(c) Before completing the training at night, an SPL holder shall have completed the basic
instrument flight training necessary for the issue of a private pilot licence (PPL) in
accordance with the provisions of Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011.
(d) An applicant for a TMG night rating in accordance with this point shall receive full credit
towards the requirements of paragraphs (b) and (c) when he or she holds a night rating in
accordance with point FCL.810 of Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011 or when he or she has fulfilled all the requirements for the issue of that
rating.
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SFCL.215 Sailplane cloud flying privileges
(a) An SPL holder shall only operate a sailplane within cloud when:
(1) any engine is stopped; and
(2) he or she has sailplane cloud flying privileges in accordance with this point.
(b) The privileges of an SPL shall include sailplane cloud flying privileges after a pilot has
completed at least:
(1) 30 hours as PIC in sailplanes after the issue of the licence; and
(2) a training course at an ATO or a DTO, including:
(i) theoretical knowledge instruction; and
(ii) at least 2 hours of dual flight instruction in sailplanes with any engine
stopped, controlling the aircraft solely by reference to instruments. However,
a maximum of 50 % of the dual flight instruction may be completed in TMGs
flown with engine power, provided that these training flights are conducted
in VMC.
(c) In order to obtain sailplane cloud flying privileges, an SPL holder who also holds a basic
instrument rating (BIR) or an IR(A) in accordance with Annex I (Part-FCL) to
Commission Regulation (EU) No 1178/2011 or who has fulfilled all the requirements for
the issue of one of these ratings, shall:
(1) be credited against the requirement of paragraph (b)(2)(i); and
(2) by way of derogation from paragraph (b)(2)(ii), complete at least 1 hour of dual
flight instruction in a sailplane, controlling it solely by reference to instruments.
(d) The completion of the training course as specified in paragraphs (b)(2) or (c)(2), as
applicable, shall be entered in the logbook and signed by the head of training of the ATO
or the DTO that is responsible for the training.
(e) An SPL holder shall only exercise his or her sailplane cloud flying privileges when he or
she has completed in the last 2 years at least 1 hour of flight time, or 5 flights, as PIC
exercising cloud flying privileges in sailplanes.
(f) An SPL holder with sailplane cloud flying privileges who does not comply with the
requirements in paragraph (e) shall, before he or she resumes the exercise of his or her
privileges:
(1) pass a proficiency check with an FE(S); or
(2) perform the additional flight time or flights required in paragraph (e) with an FI(S).
(g) An SPL holder with sailplane cloud flying privileges who also holds a BIR or an IR(A)
in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011
shall be credited in full against the requirements of paragraph (e).
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SUBPART FI
FLIGHT INSTRUCTORS
Section 1
General requirements
SFCL.300 Flight instructor certificate
(a) General
An instructor shall only carry out flight instruction in a sailplane when he or she:
(1) holds:
(i) an SPL including the privileges, ratings and certificates for which flight
instruction is to be provided; and
(ii) a sailplane flight instructor (FI(S)) certificate appropriate to the instruction
carried out, and issued in accordance with this Subpart; and
(2) is entitled to act as PIC in the sailplane during flight instruction.
(b) Instruction provided outside the territory of the Member States
(1) By way of derogation from paragraph (a)(1), in the case of flight instruction
provided during a training course approved in accordance with this Annex (Part-
SFCL) outside the territory for which Member States are responsible under the
Chicago Convention, the competent authority shall issue a flight instructor
certificate to an applicant who holds a sailplane pilot licence issued by a third
country in accordance with Annex 1 to the Chicago Convention, provided that the
applicant:
(i) holds at least a licence including, where relevant, privileges, ratings or
certificates equivalent to those for which he or she is authorised to instruct;
(i) complies with the requirements established in this Subpart for the issue of
the FI(S) certificate with the relevant instructional privileges; and
(iii) demonstrates to the competent authority an adequate level of knowledge of
European aviation safety rules to be able to exercise his or her instructional
privileges in accordance with this Annex.
(2) The certificate shall be limited to the provision of flight instruction:
(i) outside the territory of the Member States; and
(ii) to a student pilot who has sufficient knowledge of the language in which
flight instruction is provided.
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Section 2
Flight instructor certificate for sailplanes — FI(S)
SFCL.315 FI(S) certificate — Privileges and conditions
(a) Subject to compliance of the applicant with point SFCL.320 and with the following
conditions, an FI(S) certificate shall be issued upon application with privileges to conduct
flight instruction for:
(1) an SPL;
(2) additional sailplane privileges in accordance with point SFCL.150(e);
(3) launching methods in accordance with point SFCL.155, provided that the applicant
has completed as PIC:
(i) in the case of aerotow launch, at least 30 launches; or
(ii) in the case of winch launch, at least 50 launches;
(4) additional TMG privileges in accordance with point SFCL.150(b), provided that
the applicant has:
(i) completed 30 hours of flight time as PIC on TMGs;
(ii) completed the training as specified in point SFCL.330(b)(2); and
(iii) demonstrated the ability to instruct on TMGs to an FI(S) who is qualified in
accordance with subparagraph (a)(7) and nominated by the head of training
of the ATO or the DTO;
(5) basic aerobatic, advanced aerobatic or sailplane cloud flying privileges or the
sailplane towing or the banner towing rating, provided that the applicant:
(i) in the case of instruction for basic aerobatic or advanced aerobatic privileges,
holds advanced aerobatic privileges in accordance with point SFCL.200(c);
and
(ii) has demonstrated the ability to instruct for the relevant privileges or rating to
an FI(S) who is qualified in accordance with subparagraph (a)(7) and
nominated by the head of training of an ATO or a DTO;
(6) TMG flight at night, provided that the applicant:
(i) complies with the night experience requirement in point SFCL.160(e)(2); and
(ii) has demonstrated the ability to instruct on TMGs at night to an FI(S) who is
qualified in accordance with subparagraph (a)(7) and nominated by the head
of training of an ATO or a DTO;
(7) an FI(S) certificate, provided that the applicant has:
(i) completed 50 hours or 150 launches of flight instruction in sailplanes; and
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(ii) has demonstrated the ability to instruct for the FI(S) certificate to an FI(S)
who is qualified in accordance with this paragraph and nominated by the head
of training of an ATO or a DTO.
(b) The privileges listed in paragraph (a) shall include the privileges to conduct flight
instruction for:
(1) the issue of the relevant licence, privileges, ratings or certificate; and
(2) the revalidation, renewal or compliance with the relevant recency requirements of
this Annex, as applicable.
SFCL.320 FI(S) certificate — Prerequisites and requirements
An applicant for an FI(S) certificate shall:
(a) be at least 18 years of age;
(b) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point SFCL.300;
(c) have completed 100 hours of flight time and 200 launches as PIC on sailplanes;
(d) have completed an instructor training course in accordance with point SFCL.330 at an
ATO or a DTO; and
(e) have passed an assessment of competence in accordance with point SFCL.345.
SFCL.325 FI(S) competencies and assessment
An applicant for an FI(S) certificate shall be trained to achieve the following competencies:
(a) prepare resources;
(b) create a climate conducive to learning;
(c) present knowledge;
(d) integrate threat and error management (TEM) and crew resource management (CRM);
(e) manage time to achieve training objectives;
(f) facilitate learning;
(g) assess trainee performance;
(h) monitor and review progress;
(i) evaluate training sessions; and
(j) report outcome.
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SFCL.330 FI(S) — Training course
(a) An applicant for an FI(S) certificate shall have passed a specific pre-entry assessment at
an ATO or a DTO within the 12 months preceding the start of the course, to assess his or
her ability to undertake the course.
(b) The FI(S) training course shall include:
(1) on sailplanes, excluding TMGs:
(i) the elements specified in point SFCL.325;
(ii) 25 hours of teaching and learning;
(iii) 30 hours of theoretical knowledge instruction, including progress tests;
(iv) at least 6 hours, of which a maximum of 3 hours may be completed in TMGs,
or 20 launches of flight instruction; and
(2) additionally, when the privileges of the FI(S) certificate will include the privileges
as specified in point SFCL.315(a)(4) and (a)(6), at least 6 hours of dual flight
instruction on TMGs.
(c) An applicant who already holds an instructor certificate in accordance with Annex III
(Part-BFCL) to Commission Regulation (EU) 2018/395 or with Annex I (Part-FCL) to
Commission Regulation (EU) No 1178/2011 shall receive full credit for the requirement
in paragraph (b)(1)(ii).
(d) When applying for an FI(S) certificate, a pilot who holds or has held an FI(A), (H) or
(As) shall be credited with 18 hours towards the requirements in paragraph (b)(1)(iii).
SFCL.345 FI(S) — Assessment of competence
(a) An applicant for the issue of an FI(S) certificate shall pass an assessment of competence
to demonstrate to an examiner who is qualified in accordance with point SFCL.415(c)
the ability to instruct a student pilot to the level required for the issue of an SPL.
(b) The assessment shall include:
(1) the demonstration of the competencies described in point SFCL.325, during pre-
flight, post-flight and theoretical knowledge instruction;
(2) oral theoretical examinations on the ground, pre-flight and post-flight briefings,
and in-flight demonstrations in sailplanes;
(3) exercises adequate to evaluate the instructor’s competencies.
(c) The assessment of competence for the initial issue of an FI(S) certificate shall be
conducted in sailplanes, excluding TMGs.
SFCL.350 FI(S) — Restricted privileges
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(a) An FI(S) shall have his or her privileges limited to conducting flight instruction under
the supervision of an unrestricted FI(S) nominated by the ATO or the DTO for this
purpose, in the following cases:
(1) for the issue of an SPL;
(2) for extending the privileges of an SPL to additional sailplane or TMG privileges in
accordance with point SFCL.150;
(3) for extending the privileges of an SPL to additional launching methods in
accordance with point SFCL.155; and
(4) for basic aerobatic, advanced aerobatic or sailplane cloud flying privileges or for
the sailplane towing or banner towing rating.
(b) Whilst conducting training under supervision, in accordance with paragraph (a), the FI(S)
shall not have the privilege to authorise a student pilot to conduct his or her first solo
flight or first solo cross-country flight.
(c) The limitations in (a) and (b) shall be removed from the FI(S) certificate when the FI(S)
has completed at least 15 hours or 50 launches of flight instruction covering all phases
of a sailplane flight. In the case of a restricted FI(S) who complied with point
SFCL.330(b)(2), 5 out of these 15 hours may be completed in TMGs, and 15 out of these
50 launches may be replaced by take-offs and landings in TMGs.
SFCL.360 FI(S) certificate — Recency requirements
(a) An FI(S) certificate holder shall only exercise the privileges of his or her certificate when
he or she has:
(1) within the last 3 years, completed:
(i) instructor refresher training at an ATO, a DTO, or a competent authority
during which the holder shall receive theoretical knowledge instruction for
refreshing and updating the knowledge relevant for sailplane instructors; and
(ii) at least 30 hours or 60 launches or 60 take-offs and landings of flight
instruction as FI(S); and
(2) within the last 9 years, demonstrated the ability to instruct on sailplanes to an FI(S)
who is qualified in accordance with point SFCL.315(a)(7) and nominated by the
head of training of an ATO or a DTO.
(b) The hours flown as an FE(S) during skill tests, proficiency checks and assessments of
competence shall be credited in full towards the requirement in paragraph (a)(1)(ii).
(c) An FE(S) certificate holder who, for the purpose of revalidation of his or her FE(S)
certificate, within the last 3 years, complies with the requirements in point SFCL.460(b),
may exercise the privileges of his or her FI(S) certificate when complying only with
paragraph (a)(1).
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(d) When the FI(S) certificate holder has failed to complete the instruction flight under
supervision to the satisfaction of the FI(S) in accordance with paragraph (a)(2), he or she
shall not exercise the privileges of the FI(S) certificate until he or she has successfully
completed an assessment of competence in accordance with point SFCL.345.
(e) An FI(S) certificate holder who does not comply with the requirements in paragraph (a)
shall comply with the requirements of paragraph (a)(1)(i) and of point SFCL.345 before
he or she can resume the exercise of the privileges of the FI(S) certificate.,
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SUBPART FE
FLIGHT EXAMINERS
Section 1
General requirements
SFCL.400 Sailplane flight examiner certificates
(a) General
An examiner shall only carry out skill tests, proficiency checks or assessments of
competence in accordance with this Annex when he or she:
(1) holds:
(i) an SPL including privileges, ratings and certificates for which he or she is
authorised to conduct skill tests, proficiency checks or assessments of
competence, and the privileges to instruct for them;
(ii) an FE(S) certificate including privileges appropriate to the skill test,
proficiency check or assessment of competence conducted, issued in
accordance with this Subpart; and
(2) is entitled to act as PIC in a sailplane during the skill test, proficiency check or
assessment of competence.
(b) Examinations conducted outside the territory of the Member States
(1) By way of derogation from paragraph (a)(1), in the case of skills tests and
proficiency checks performed outside the territory of the Member States, a
competent authority shall issue an examiner certificate to an applicant who holds a
sailplane pilot licence issued by a third country in accordance with Annex 1 to the
Chicago Convention, provided that the applicant:
(i) holds at least a licence including, where relevant, privileges, ratings or
certificates equivalent to those for which he or she is authorised to conduct
skill tests or proficiency checks;
(ii) complies with the requirements established in this Subpart for the issue of
the relevant examiner certificate; and
(iii) demonstrates to the competent authority an adequate level of knowledge of
European aviation safety rules to be able to exercise the examiner privileges
in accordance with this Annex.
(2) The certificate referred to in subparagraph (1) shall be limited to performing skill
tests and proficiency checks:
(i) outside the territory of the Member States; and
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(ii) to a pilot who has sufficient knowledge of the language in which the
test/check is provided.
SFCL.405 Limitation of privileges in case of vested interests
A sailplane examiner shall not conduct:
(a) a skill test or assessment of competence of an applicant for the issue of a licence, rating
or certificate to whom he or she has provided more than 50 % of the required flight
instruction for the licence, rating or certificate for which the skill test or assessment of
competence is taken; or
(b) a skill test, proficiency check or assessment of competence whenever he or she feels that
his or her objectivity may be affected.
SFCL.410 Conduct of skill tests, proficiency checks and assessments of competence
(a) When conducting skill tests, proficiency checks and assessments of competence, a
sailplane examiner shall do all of the following:
(1) ensure that communication with the applicant can be established without language
barriers;
(2) verify that the applicant complies with all the qualification, training and experience
requirements of this Annex for the issue, revalidation or renewal of the licence,
privileges, rating or certificate for which the skill test, proficiency check or
assessment of competence is taken; and
(3) make the applicant aware of the consequences of providing incomplete, inaccurate
or false information related to his or her training and flight experience.
(b) After completion of the skill test, proficiency check or assessment of competence, the
sailplane examiner shall:
(1) inform the applicant of the results of the skill test, proficiency check or assessment
of competence;
(2) in the event of a pass in an assessment of competence for the revalidation or
renewal, endorse the new expiry date on the applicant’s licence or certificate, if
specifically authorised for that purpose by the competent authority that is
responsible for the applicant’s licence;
(3) provide the applicant with a signed report of the skill test, proficiency check or
assessment of competence and submit without undue delay copies of the report to
the competent authority that is responsible for the applicant’s licence, and to the
competent authority that issued the examiner certificate. The report shall include:
(i) a declaration that the sailplane examiner has received information from the
applicant regarding his or her experience and instruction, and found that
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experience and instruction comply with the applicable requirements of this
Annex;
(ii) confirmation that all the required manoeuvres and exercises have been
completed, as well as information on the verbal theoretical knowledge
examination, when applicable. If an item has been failed, the examiner shall
record the reasons for this assessment;
(iii) the result of the skill test, proficiency check or assessment of competence;
(iv) a declaration that the sailplane examiner has reviewed and applied the
national procedures and requirements of the applicant’s competent authority
if the competent authority that is responsible for the applicant’s licence is not
the one that issued the examiner’s certificate;
(v) a copy of the sailplane examiner certificate containing the scope of his or her
privileges as sailplane examiner in the case of skill tests, proficiency checks
or assessments of competence of an applicant whose competent authority is
not the one that issued the examiner’s certificate.
(c) The sailplane examiner shall maintain the records for 5 years with details of all skill tests,
proficiency checks and assessments of competence performed and their results.
(d) Upon request by the competent authority that is responsible for the sailplane examiner
certificate, or the competent authority that is responsible for the applicant’s licence, the
sailplane examiner shall submit all records and reports, and any other information, as
required, for oversight activities.
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Section 2
Flight examiner certificate for sailplanes — FE(S)
SFCL.415 FE(S) certificate — Privileges and conditions
Subject to compliance of the applicant with point SFCL.420 and with the following conditions,
an FE(S) certificate shall be issued upon application with privileges to conduct:
(a) skill tests and proficiency checks for the SPL, provided that the applicant has completed,
on sailplanes, excluding TMGs, 300 hours of flight time as a pilot, including 150 hours
or 300 launches of flight instruction;
(b) skill tests for the extension of the SPL privileges to TMG in accordance with point
SFCL.150(e), provided that the applicant has completed 300 hours of flight time on
sailplanes, including 50 hours of flight instruction in TMGs;
(c) assessments of competence for the issue of FI(S) certificates on sailplanes, provided that
the applicant has:
(1) completed at least 500 hours of flight time as pilot on sailplanes, including:
(i) if the privileges of the FE(S) certificate will be exercised in sailplanes,
excluding TMGs, at least 10 hours or 30 launches instructing the applicant
for an FI(S) certificate in sailplanes, excluding TMGs; and
(ii) if the privileges of the FE(S) certificate will be exercised in TMGs, at least
10 hours or 30 take-offs and landings instructing the applicant for an FI(S)
certificate in TMGs; and
(2) received specific training during an examiner standardisation course in accordance
with point SFCL.430.
SFCL.420 FE(S) certificate — Prerequisites and requirements
An applicant for an FE(S) certificate shall:
(a) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point SFCL.400;
(b) have completed the FE(S) standardisation course in accordance with point SFCL.430;
(c) have completed an assessment of competence in accordance with point SFCL.445;
(d) demonstrate relevant background related to the privileges of the FE(S) certificate; and
(e) demonstrate that he or she has not been subject to any sanctions, including the
suspension, limitation or revocation of any of his or her licences, ratings or certificates
issued in accordance with this Annex, with Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011, or with Annex III (Part-BFCL) to Commission
Regulation 2018/395, for non-compliance with Regulation (EU) 2018/1139 and its
delegated and implementing acts during the last 3 years.
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SFCL.430 FE(S) certificate — Standardisation course
(a) An applicant for an FE(S) certificate shall take a standardisation course which is provided
either by the competent authority or by an ATO or a DTO and approved by that
competent authority.
(b) The standardisation course shall be tailored to the sailplane flight examiner privileges
sought and shall consist of theoretical and practical instruction, including, at least:
(1) the conduct of 2 skill tests, proficiency checks or assessments of competence for
the SPL or associated ratings or certificates;
(2) instruction on the applicable requirements of this Annex and the applicable air
operations requirements, the conduct of skill tests, proficiency checks and
assessments of competence, and their documentation and reporting;
(3) a briefing on the following:
(i) national administrative procedures;
(ii) requirements for the protection of personal data;
(iii) examiner’s liability;
(iv) examiner’s accident insurance;
(v) national fees; and
(vi) information on how to access the information contained in points (i) to (v)
when conducting skill tests, proficiency checks or assessments of
competence of an applicant whose competent authority is not the one that
issued the examiner certificate.
(c) An FE(S) certificate holder shall not conduct skill tests, proficiency checks or
assessments of competence of an applicant whose competent authority is not the one that
issued the examiner certificate, unless he or she has reviewed the latest available
information containing the relevant national procedures of the applicant’s competent
authority.
SFCL.445 FE(S) certificate — Assessment of competence
An applicant for the initial issue of an FE(S) certificate shall demonstrate his or her competence
to an inspector from the competent authority or to a senior examiner specifically authorised to
do so by the competent authority that is responsible for the FE(S) certificate. During the
assessment of competence, the applicant shall conduct a skill test, proficiency check or
assessment of competence, including briefing, conduct of the skill test, proficiency check or
assessment of competence, and assessment of the person to whom the test, check or assessment
is given, debriefing and recording documentation.
SFCL.460 FE(S) certificate — Validity, revalidation and renewal
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(a) An FE(S) certificate shall be valid for 5 years.
(b) An FE(S) certificate shall be revalidated when its holder has:
(1) during the validity period of the FE(S) certificate, completed an examiner refresher
course which is provided either by the competent authority or by an ATO or a DTO
and approved by that competent authority, during which the holder shall receive
theoretical knowledge instruction for refreshing and updating the knowledge
relevant for sailplane examiners; and
(2) within the last 24 months preceding the end of the validity period of the certificate,
demonstrated the ability to conduct skill tests, proficiency checks or assessments
of competence to an inspector from the competent authority or an examiner
specifically authorised to do so by the competent authority that is responsible for
the FE(S) certificate.
(c) An FE(S) certificate holder who also holds one or more examiner certificates for other
aircraft categories in accordance with Annex I (Part-FCL) to Commission Regulation
(EU) No 1178/2011 or with Annex III (Part-BFCL) to Commission Regulation (EU)
2018/395 may achieve combined revalidation of all examiner certificates held, in
agreement with the competent authority.
(d) If an FE(S) certificate has expired, its holder shall comply with the requirements of
paragraph (b)(1) and of point SFCL.445 before he or she can resume the exercise of the
privileges of the FE(S) certificate.
(e) An FE(S) certificate shall only be revalidated or renewed if the applicant demonstrates
continued compliance with the requirements of point SFCL.410 as well as with the
requirements of point SFCL.420(d) and (e).
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Draft Annex I, II, III, IV, V and VI
to draft Commission Implementing Regulation (EU) …/…
amending 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
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ANNEX I
Amendments to Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011
(1) Point FCL.010 is amended as follows:
(a) the definition of ‘airship’ is replaced by the following:
‘“Airship” means a power-driven lighter-than-air aircraft, with the exception of hot-air
airships, which are considered to be balloons as per Article 2(7) of Commission Regulation
(EU) 2018/395.’;
(b) the definition of ‘flight time’ is replaced by the following:
‘“Flight time”:
for aeroplanes, touring motor gliders and powered-lift aircraft, it means the total time
from the moment an aircraft first moves for the purpose of taking off until the moment
it finally comes to rest at the end of the flight;
for helicopters, it means the total time from the moment a helicopter’s rotor blades start
turning until the moment the helicopter finally comes to rest at the end of the flight, and
the rotor blades are stopped;
for airships, it means the total time from the moment an airship is released from the mast
for the purpose of taking off until the moment the airship finally comes to rest at the end
of the flight, and is secured on the mast’;
(c) the definition of ‘powered sailplane’ is replaced by the following:
‘“Powered sailplane” means a sailplane equipped with one or more engines that has, with
engines inoperative, the characteristics of a sailplane.’;
(d) the definition of ‘touring motor glider’ is replaced by the following:
‘“Touring motor glider (TMG)” means, unless otherwise specified in accordance with
Annex I (Part 21) to Regulation (EU) No 748/2012, a specific class of powered sailplanes
that has an integrally mounted, non-retractable engine and a non-retractable propeller. It
shall be capable of taking off and climbing under its engine power according to its flight
manual.’;
(e) the following definitions are inserted:
(i) ‘“En route IFR flight” means the phase of an IFR flight that commences after the
completion of an IFR departure procedure and finishes when commencing an IFR
approach procedure.’; and
(ii) ‘“Limited panel instrument flight” means attitude interpretation by reference to
standby instruments interpretation after the loss of main attitude and heading
reference system.’;
(f) the following definitions are deleted:
‘Class of balloon’ and
‘Group of balloon’;
(2) point FCL.015 in amended as follows:
(a) paragraph (a) is replaced by the following:
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‘(a) An application for the issue, revalidation or renewal of pilot licences and associated
ratings and certificates as well as any amendment thereto shall be submitted to the
competent authority in a form and manner established by this authority. The
application shall be accompanied by evidence that applicants comply with the
requirements for the issue, revalidation or renewal of the licence or certificate as well
as associated ratings or endorsements, established in this Annex (Part-FCL) and in
Annex IV (Part-MED).’;
(b) paragraph (b) is replaced by the following:
‘(b) Unless otherwise specified in this Part, any limitation or extension of the privileges
granted by a licence, rating or certificate shall be endorsed in the licence or certificate
by the competent authority.’;
(c) paragraph (d) is replaced by the following:
‘(d) A licence holder shall submit applications as specified in paragraph (a) to the
competent authority designated by the Member State in which his or her licence in
accordance with this Annex (Part-FCL), Annex III (Part-BFCL) to Commission
Regulation (EU) 2018/395, or with Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976, as applicable, was issued.
(d) new paragraphs (e) and (f) and added as follows:
‘(e) Without prejudice to paragraph (d), the holder of a licence that has been issued in
accordance with this Annex (Part-FCL) may request a change of competent authority.
Such a request shall include a transfer of all licensing and medical records related to
all licences held by that person, as specified in paragraph (d), to the competent
authority designated by another Member State.
(f) The applicant for the issue of a licence, rating or certificate shall apply not later than
6 months after having succeeded at the skill test or assessment of competence.’;
(3) in point FCL.020, paragraph (b) is replaced by the following:
‘(b) Before his or her first solo flight, a student pilot shall be at least 16 years of age.’;
(4) point FCL.025(c)(1) is amended as follows:
(a) paragraph (i) is replaced by the following:
‘(i) for the issue of a light aircraft pilot licence or a private pilot licence, for a period
of 24 months;’;
(b) paragraphs (ii) and (iii), including the closing phrase, are replaced by the following:
‘(ii) for the issue of a commercial pilot licence or instrument rating (IR), for a period
of 36 months;
(iii) for the issue of a basic instrument rating (BIR), for an unlimited duration.
The periods in paragraphs (i) and (ii) shall be counted from the day on which the
pilots successfully complete the theoretical knowledge examination, in accordance
with paragraph (b)(2).’;
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(5) In point FCL.030, a new paragraph (c) is added as follows:
‘(c) For the issue of a BIR, the applicant for a skill test shall have been recommended for the
test by an ATO, once all training modules are completed. The training records shall be
made available to the examiner.’;
(6) in point FCL.035, paragraph (b) is replaced by the following:
‘(b) Crediting of theoretical knowledge
(1) An applicant that has passed the theoretical knowledge examination for an airline
transport pilot licence shall be credited with the theoretical knowledge requirements
for the light aircraft pilot licence, the private pilot licence, the commercial pilot
licence and, except in the case of helicopters, the IR and the BIR in the same category
of aircraft.
(2) An applicant that has passed the theoretical knowledge examination for a commercial
pilot licence shall be credited with the theoretical knowledge requirement for:
(i) the light aircraft pilot licence in the same category of aircraft;
(ii) the private pilot licence in the same category of aircraft; and
(iii) the subject ‘communications’ for the BIR. This credit shall include the IFR part
of the subject ‘communications’ only if that subject was completed in
accordance with point FCL.310, as amended by Commission Implementing
Regulation (EU) 2018/1974.
(3) The holder of an IR or an applicant that has passed the IR theoretical knowledge
examination for a category of aircraft shall be fully credited towards the requirements
for the theoretical knowledge instruction and examination for:
(i) the IR in another category of aircraft; and
(ii) the BIR.
(4) The holder of a pilot licence shall be credited towards the requirements for theoretical
knowledge instruction and examination for a licence in another category of aircraft
in accordance with Appendix 1 to this Part.
(5) By way of derogation from paragraph (b)(3), the holder of an IR(A) who has
completed a competency-based modular IR(A) course shall only be credited in full
towards the requirements for theoretical knowledge instruction and examination for
an IR in another category of aircraft when the holder has also passed the theoretical
knowledge instruction and examination for the IFR part of the course required in
accordance with FCL.720.A(b)(2)(i).
This credit also applies to applicants for a pilot licence who have already successfully
completed the theoretical knowledge examinations for the issue of that licence in another
category of aircraft, as long as it is within the validity period specified in FCL.025(c).’;
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(7) point FCL.055 is amended as follows:
(a) in paragraph (d), the introductory sentence is replaced by the following:
‘(d) Specific requirements for holders of an instrument rating (IR). By way of derogation
from the paragraphs above, holders of an IR shall have demonstrated the ability to
use the English language at a level which allows them to:’;
(b) paragraph (e) is replaced by the following:
‘(e) The demonstration of language proficiency and the use of English for IR holders shall
be done through a method of assessment that is established by any competent
authority.’;
(8) point FCL.060 is amended as follows:
(a) paragraph (a) is deleted;
(b) in paragraph (b), the introductory sentence is replaced by the following:
‘(b) Aeroplanes, helicopters, powered-lift aircraft and airships. A pilot shall not operate
an aircraft in commercial air transport or to carry passengers:’;
(9) point FCL.065 is amended as follows:
(a) paragraph (b) is replaced by the following:
‘(b) Age 65. The holder of a pilot licence who has attained the age of 65 years shall not
act as a pilot of an aircraft that is engaged in commercial air transport.’;
(b) paragraph (c) is deleted;
(10) point FCL.100 is replaced by the following:
‘FCL.100 LAPL — Minimum age
Applicants for the LAPL for aeroplanes or helicopters shall be at least 17 years of age.’;
(11) point FCL.120 is replaced by the following:
‘FCL.120 LAPL — Theoretical knowledge examination
Applicants for an LAPL shall demonstrate a level of theoretical knowledge appropriate to the
privileges granted, through examinations on the following:
(a) common subjects:
- Air law and air traffic control (ATC) procedures,
- Human performance,
- Meteorology,
- Communications, and
- Navigation.
(b) specific subjects concerning the different aircraft categories:
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- Principles of flight,
- Operational procedures,
- Flight performance and planning, and
- Aircraft general knowledge.
(12) in point FCL.110.A, paragraph (b) is replaced by the following:
‘(b) Specific requirements for applicants who hold an SPL issued in accordance with Annex III
(Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including
privileges to fly TMGs. Applicants for an LAPL(A) who hold an SPL with the privileges
to fly TMGs shall have completed at least 21 hours of flight time on TMGs after the
endorsement of the TMG privileges and complied with the requirements of FCL.135.A(a)
on aeroplanes.’;
(13) in point FCL.135.A, the following paragraph (c) is added:
‘(c) An applicant for the extension of privileges of the LAPL(A) to TMG who also holds an
SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation
(EU) 2018/1976, including the privileges to fly on TMGs, shall receive full credits towards
the requirements in paragraph (a).’;
(14) Sections 4 and 5 of Subpart B are deleted;
(15) the title of Subpart C is amended as follows:
‘PRIVATE PILOT LICENCE (PPL)’;
(16) point FCL.200 is replaced by the following:
‘FCL.200 Minimum age
An applicant for a PPL shall be at least 17 years of age.’;
(17) in point FCL.210, paragraphs (a) and (b) are replaced by the following:
‘(a) Applicants for a PPL shall complete a training course at an ATO or a DTO.
(b) The course shall include theoretical knowledge and flight instruction appropriate to the
privileges of the PPL applied for.’;
(18) point FCL.215 is replaced by the following:
‘FCL.215 Theoretical knowledge examination
Applicants for a PPL shall demonstrate a level of theoretical knowledge appropriate to the
privileges granted through examinations in the following subjects:
(a) common subjects:
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- Air law,
- Human performance,
- Meteorology, and
- Communications; and
- Navigation.
(b) specific subjects concerning the different aircraft categories:
- Principles of flight,
- Operational procedures,
- Flight performance and planning, and
- Aircraft general knowledge.
’;
(19) point FCL.235 is amended as follows:
(a) paragraph (a) is replaced by the following:
‘(a) Applicants for a PPL shall demonstrate through the completion of a skill test the
ability to perform, as PIC on the appropriate aircraft category, the relevant procedures
and manoeuvres with the competency appropriate to the privileges granted.’;
(b) paragraph (b) is replaced by the following:
‘(b) An applicant for the skill test shall have received flight instruction on the same class
or type of aircraft to be used for the skill test.’;
(20) in point FCL.210.A, paragraph (c) is amended as follows:
(a) the introductory sentence is replaced by the following:
‘(c) Specific requirements for applicants who hold an SPL issued in accordance with
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976,
including privileges to fly TMGs. Applicants for a PPL(A) who hold an SPL with the
privileges to fly TMGs shall have completed:’;
(b) subparagraph (1) is replaced by the following:
‘(1) at least 24 hours of flight time on TMGs after endorsement of the TMG privileges;
and’;
(21) in point FCL.210.As, paragraph (b) is replaced by the following:
‘(b) Applicants who hold a BPL issued in accordance with Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395 and are qualified to fly hot-air airships shall be
credited with 10 % of their total flight time as PIC on such airships up to a maximum of
5 hours.’;
(22) in Subpart C, Sections 5 and 6 are deleted;
(23) point FCL.600 is replaced by the following:
‘FCL.600 IR — General
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Except as provided in FCL.835, operations under IFR on an aeroplane, helicopter, airship or
powered-lift aircraft shall only be conducted by holders of a PPL, CPL, MPL and ATPL with an
IR appropriate to the category of aircraft or when undergoing skill testing or dual instruction.’;
(24) in point FCL.620, a new point (c) is added:
‘(c) Applicants who complete a skill test for a multi-engine IR shall also be issued with a single-
engine IR for the single-engine class or type ratings that they hold.
(25) in point FCL.700, paragraph (a) is replaced by the following:
‘(a) Holders of a pilot licence shall not act in any capacity as pilots of an aircraft unless they
have a valid and appropriate class or type rating, except in any of the following cases:
(1) for LAPL;
(2) when they take skill tests or proficiency checks for renewal of class or type ratings;
(3) when they receive flight instruction; and
(4) when they hold a flight test rating issued in accordance with point FCL.820.’;
(26) in point FCL.725, the following paragraph (f) is added:
‘(f) An applicant for a class rating for TMGs who also holds an SPL in accordance with
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976,
including the privileges to fly on TMGs, shall receive full credits towards the requirements
in paragraphs (a), (b) and (c).’;
(27) point FCL.740.A is amended as follows:
(a) paragraph (a)(4) is replaced by the following:
‘(4) The revalidation of a BIR or an IR(A), if held, may be combined with a proficiency
check for the revalidation of a class or type rating.’
(b) paragraph (b)(1) is replaced by the following:
‘(1) Single-engine piston aeroplane class ratings and TMG class ratings. For the
revalidation of single-pilot single-engine piston aeroplane class ratings or TMG class
ratings, the applicant shall:’;
(c) a new paragraph (b)(5) is added:
‘(5) The proficiency check for the revalidation of a single-pilot single-engine aeroplane
class rating may be combined with the proficiency check for the revalidation of a
BIR, in accordance with FCL.835(g)(8).’;
(28) point FCL.800 is amended as follows:
(a) paragraph (a) is replaced by the following:
‘(a) Holders of a pilot licence with privileges to fly aeroplanes or TMGs shall only
undertake aerobatic flights when they hold an aerobatic rating in accordance with this
point.’;
(b) paragraph (b)(1) is replaced by the following:
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‘(1) after the issue of the licence, at least 30 hours of flight time as PIC in aeroplanes
or TMGs;’;
(c) paragraph (b)(2)(ii) is replaced by the following:
‘(ii) at least 5 hours of aerobatic instruction in aeroplanes or TMGs flown with
engine power.’;
(d) paragraph (c) is replaced by the following:
‘(c) The privileges of the aerobatic rating shall be limited to aerobatic flight in either
aeroplanes or TMGs flown with engine power, depending on which aircraft the
requirements of (b)(1) and (b)(2)(ii) were complied with. This limitation shall be
lifted upon application when a pilot has successfully completed at least 3 dual training
flights in aeroplanes or TMGs flown with engine power, as applicable, covering the
full aerobatic training syllabus.’;
(e) paragraph (d) is added as follows:
‘(d) Applicants for an aerobatic rating who also hold a TMG class rating as well as
advanced aerobatic privileges for sailplanes with privileges as specified in point
SFCL.200(d) of Annex III (Part-SFCL) to Commission Implementing Regulation
(EU) 2018/1976 shall:
(1) after having complied with the requirements of (b)(1) and (b)(2)(ii) in
aeroplanes, be exempted from getting their aerobatic rating limited to
aeroplanes, as specified in paragraph (c); or
(2) receive full credit towards the requirements in paragraph (b) for the issue of an
aerobatic rating restricted to TMGs flown with engine power. This limitation
shall be lifted upon application when a pilot has completed the training as
specified in paragraph (c).’;
(29) point FCL.805 is amended as follows:
(a) paragraph (b)(2)(iii) is replaced by the following:
‘(iii) except for holders of an SPL in accordance with Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976, 5 familiarisation flights in a
sailplane which is launched by an aircraft.’;
(b) paragraph (g) is added:
‘(g) Applicants for a sailplane towing or banner towing rating on TMGs in accordance
with this point shall receive full credit towards the requirements of paragraph (b) or
(c), as applicable, when they hold a sailplane towing or banner towing rating in
accordance with point SFCL.205 of Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976, as applicable, or when they have fulfilled
all the requirements for the issue of that rating.’;
(30) point FCL.810 is amended as follows:
(a) paragraph (a)(1) is replaced by the following:
‘(1) If the privileges of an LAPL or a PPL for aeroplanes, TMGs or airships are to be
exercised in VFR conditions at night, applicants shall have completed a training
course at a DTO or at an ATO. The course shall comprise:’;
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(b) paragraph (a)(4) is added:
‘(4) Applicants for a night rating for aeroplanes or TMGs in accordance with this
subparagraph shall receive full credit towards the requirements of subparagraphs (1)
and (2) when they hold a TMG night rating in accordance with point SFCL.210 of
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 or
when they have fulfilled all the requirements for the issue of that rating.’;
(c) paragraph (c) is deleted;
(31) in point FCL.815, the introductory sentence of paragraph (a) is replaced by the following:
‘(a) Privileges. The privileges of the holder of a mountain rating are to conduct flights with
aeroplanes or TMGs to and from surfaces which are designated by the appropriate
authorities designated by the Member States to require such a rating.
Holders of an LAPL or a PPL with privileges to fly aeroplanes or TMGs may obtain the
initial mountain rating either on:’;
(32) point FCL.825 is deleted;
(33) point FCL.830 is deleted;
(34) point FCL.835 is inserted as follows:
‘FCL.835 Basic instrument rating (BIR)
(a) Privileges and conditions
(1) The privileges of a BIR holder are to conduct flights under IFR on single-pilot
aeroplanes for which class ratings are held, excluding high-performance aeroplanes
and aeroplane variants for which operational suitability data has determined that an
IR is required.
(2) BIR privileges shall only be exercised in accordance with point FCL.205.A.
(3) BIR privileges may be exercised at night if the pilot holds a night rating in accordance
with point FCL.810.
(4) The privileges of a multi-engine BIR shall also be valid on single-engine aeroplanes
for which the pilot holds a valid single-engine class rating.
(5) The exercise of BIR privileges shall be subject to the following conditions:
(i) the decision height (DH) or minimum descent height (MDH) used in aerodrome
operating minima shall be at least 200 ft greater than what would otherwise be
calculated according to “NCO.OP.110 Aerodrome operating minima —
aeroplanes and helicopters” and “NCO.OP.111 Aerodrome operating minima
— NPA, APV, CAT I operations”; and
(ii) the visibility used in aerodrome operating minima shall not be less than
1 500 m;
(iii) the pilot-in-command shall not commence a flight under IFR or undertake a
VFR-to-IFR transition, unless:
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(A) at the aerodrome of departure, the visibility is at least 1 500 m and the
cloud ceiling is at least 600 ft, or the published circling minimum
applicable to the aeroplane category, whichever is the greater; and
(B) at the destination aerodrome and at any required alternate aerodrome the
available current meteorological information indicates, for the period
from 1 hour before until 1 hour after the estimated time of arrival, or from
the actual time of departure to 1 hour after the estimated time of arrival,
whichever period is shorter, a visibility of at least 1 500 m and a cloud
ceiling of at least 600 ft, or the published circling minimum applicable to
the aeroplane category, or the DH/MDH incremented by 200 ft in
accordance with (i), whichever is the greater.
(b) Prerequisites. Applicants for the BIR shall hold at least a PPL(A).
(c) Training course. Applicants for the BIR shall have completed at an ATO:
(1) theoretical knowledge instruction in accordance with point FCL.615(a); and
(2) flight instruction that:
(i) comprises the following instrument flight instruction modules:
(A) module 1 — the core flying training module of flight handling skills by
sole reference to instruments;
(B) module 2 — the applied flying training module of IFR departure,
holding, 2D and 3D approach procedures;
(C) module 3 — the applied flying training module of en-route IFR flight
procedures; and
(D) module 4 — if a multi-engine BIR is sought, the applied flying training
module with one engine inoperative shall include asymmetric instrument
approach and go-around procedures; and
(ii) complies with the following requirements:
(A) The module specified in paragraph (c)(2)(i)(A) shall be completed first.
The modules specified in paragraphs (c)(2)(i)(B) and (c)(2)(i)(C), and, if
applicable, (c)(2)(i)(D), may be completed in an order chosen by the
applicant.
(B) The modules specified in paragraph (c)(2) may be completed in
aeroplanes, FSTDs or a combination of these. In any case, the applicant
shall receive training in the aeroplane to be used for the skill test.
(C) The modules specified in paragraphs (c)(2)(i)(A), (c)(2)(i)(B) and
(c)(2)(i)(D) may be commenced outside an ATO but shall be completed
at an ATO. The module specified in point (c)(2)(i)(C) may be completed
outside an ATO.
(D) Prior to commencing the module specified in paragraph (c)(2)(i)(D), a
pilot who does not hold a multi-engine aeroplane class or type rating shall
have received the multi-engine training specified in Subpart H of this
Annex (Part-FCL).
(d) Theoretical knowledge. Prior to taking the skill test, the applicant shall demonstrate a level
of theoretical knowledge that is appropriate to the privileges granted, through examinations
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in the subjects referred to in point FCL.615(b). The theoretical knowledge examination
shall consist of one examination paper associated with each module as specified in
paragraphs (c)(2)(i)(A), (c)(2)(i)(B) and (c)(2)(i)(C).
(e) Skill test. After the completion of the training, the applicant shall pass a skill test in an
aeroplane in accordance with Appendix 7 to this Annex. For a multi-engine BIR, the skill
test shall be taken in a multi-engine aeroplane. For a single-engine BIR, the skill test shall
be taken in a single-engine aeroplane. A multi-engine centreline thrust aeroplane shall be
considered to be a single-engine aeroplane for the purposes of this paragraph.
(f) By way of derogation from paragraph (d), the holder of a single-engine BIR who also holds
a multi-engine class rating and who wishes to obtain a multi-engine BIR for the first time
shall complete a course of training at an ATO that comprises the training as specified in
paragraph (c)(2)(i)(D) and shall pass the skill test referred to in paragraph (e).
(g) Validity, revalidation and renewal
(1) A BIR shall be valid for 1 year.
(2) Applicants for the revalidation of a BIR shall:
(i) within a period of 3 months immediately preceding the expiry date of the rating,
pass a proficiency check in accordance with Appendix 9 to this Part; or
(ii) within 12 months preceding the expiry date of the rating, complete 6 hours as
PIC under IFR including 3 instrument approach procedures and complete a
training flight of at least 1 hour with an instructor who holds privileges to
provide training for the BIR.
(3) For each alternate subsequent revalidation, the holder of the BIR shall pass a
proficiency check in accordance with paragraph (2)(i) in an aeroplane.
(4) If a pilot chooses to fulfil the revalidation requirements specified in paragraph
(g)(2)(i) earlier than what is prescribed in that paragraph, the new validity period shall
commence from the date of the proficiency check.
(5) Applicants who fail to pass the relevant sections of a BIR proficiency check before
the expiry date of the BIR shall not exercise the BIR privileges until they have passed
the proficiency check.
(6) If a BIR has expired, in order to renew their privileges, applicants shall:
(i) where necessary to reach the level of proficiency needed, complete refresher
training provided by an ATO or, if the BIR is expired for three years or less, by
an instructor who holds privileges to provide training for the BIR; and
(ii) pass a proficiency check in an aeroplane.
(7) For a multi-engine BIR, the proficiency check for the revalidation or renewal as well
as the flying training required in paragraph (g)(2)(ii) shall be completed in a multi-
engine aeroplane.
(8) The proficiency check for the revalidation or renewal of a BIR may be combined with
a proficiency check for the revalidation or renewal of a single-pilot aeroplane class
rating on which BIR privileges may be exercised in accordance with point
FCL.835(a)(1).
(h) Applicants for the BIR who hold a Part-FCL PPL or CPL and a valid IR(A) issued in
accordance with the requirements of Annex 1 to the Chicago Convention by a third country
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may be credited in full towards the training course referred to in paragraph (c)(2). In order
to be issued with the BIR, the applicants shall:
(1) successfully complete the skill test referred to in paragraph (e);
(2) demonstrate orally to the examiner during the skill test that they have acquired an
adequate level of theoretical knowledge of air law, meteorology, and flight planning
and performance; and
(3) have, at a minimum, experience of at least 25 hours of flight time under IFR as PIC
on aeroplanes.
(j) The holder of an IR shall receive full credits for the requirement in paragraph (c)(2).’;
(35) point FCL.915(c)(1) is replaced by the following:
‘(c) Credit towards further instructor certificates and for the purpose of revalidation:
(1) Full credit towards the teaching and learning skills may be granted to:
(i) holders of an instructor certificate who apply for further instructor certificates;
and
(ii) applicants for an instructor certificate who already hold an instructor certificate
issued in accordance with Annex III (Part-BFCL) to Commission Regulation
(EU) 2018/395 or with Annex III (Part-SFCL) to Commission Implementing
Regulation (EU) 2018/1976.’;
(36) point FCL.905.FI is amended as follows:
(a) paragraph (a) is replaced by the following:
‘(a) a PPL and LAPL in the appropriate aircraft category;’;
(b) paragraph (b) is replaced by the following:
‘(b) class and type ratings for single-pilot, single-engine aircraft, except for single-pilot
high-performance complex aeroplanes;’;
(c) paragraph (g) is replaced by the following:
‘(g) a towing or aerobatic rating, provided that such privileges are held and the FI has
demonstrated the ability to instruct for that rating to an FI who is qualified in
accordance with point (i);’;
(d) in paragraph (h), both the introductory phrase and paragraph (h)(1) are replaced by the
following:
‘(h) a BIR or an IR in the appropriate aircraft category, provided that they have:
(1) in the case of providing training for an IR, at least 200 hours of flight time under
IFR, of which up to 50 hours may be instrument ground time in an FFS, an FTD
2/3 or an FNPT II;’;
(e) paragraph (j)(1) is replaced by the following:
‘(1) completed at least 500 hours of flight instruction in the appropriate aircraft
category;’;
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(37) point FCL.910.FI is amended as follows:
(a) paragraph (a)(1) is replaced by the following:
‘(1) for the issue of the PPL and LAPL;’;
(b) paragraph (a)(3) is replaced by the following:
‘(3) for class and type ratings for single-pilot, single-engine aircraft, except for
single-pilot high-performance complex aeroplanes;’;
(c) paragraph (c)(3) is replaced by the following:
‘(3) for the FI(As), 15 hours or 50 take-offs of flight instruction covering the full
training syllabus for the issue of a PPL(As).’;
(38) in point FCL.915.FI, paragraphs (e) and (f) are deleted;
(39) point FCL.930.FI is amended as follows:
(a) paragraph (b)(2) is replaced by the following:
‘(2) at least 100 hours of theoretical knowledge instruction, including progress tests;’;
(b) paragraph (b)(3)(ii) is replaced by the following:
‘(ii) in the case of an FI(As), at least 20 hours of flight instruction, of which 15 hours
shall be dual flight instruction.’;
(c) paragraphs (b)(3)(iii), (iv) and (v) are deleted;
(40) point FCL.940.FI is amended as follows:
(a) paragraph (a)(1)(i) is replaced by the following:
‘(i) in the case of an FI(A) and an FI(H), at least 50 hours of flight instruction in
the appropriate aircraft category during the period of validity of the certificate
as FIs, TRIs, CRIs, IRIs, MIs or examiners. If the privileges to instruct for the
BIR and the IR are to be revalidated, 10 of these 50 hours shall be flight
instruction for an IR or BIR and shall have been completed within the last
12 months immediately preceding the expiry date of the FI certificate;’;
(b) paragraphs (a)(1)(i)(C) and (D) are deleted;
(c) paragraph (b)(2) is replaced by the following:
‘(b) For at least each alternative subsequent revalidation, in the case of FI(A) or FI(H), or
each third revalidation, in the case of FI(As), the holder shall have to pass an
assessment of competence in accordance with point FCL.935.’;
(41) in point FCL.905.TRI, paragraph (a) is replaced by the following:
‘(a) the revalidation and renewal of an IR, provided the TRI holds a valid IR;’;
(42) in point FCL.905.IRI, paragraph (a) is replaced by the following:
‘(a) The privileges of IRIs are to instruct for the issue, revalidation and renewal of a BIR and
an IR in the appropriate aircraft category.’;
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(43) in point FCL.905.STI, paragraph (a)(2) is replaced by the following:
‘(2) the issue, revalidation or renewal of a BIR and an IR and a class or type rating for
single-pilot aircraft, except for single-pilot high-performance complex aeroplanes.’;
(44) in point FCL.1005.FE, paragraphs (d) and (e) are deleted.
(45) in point FCL.1005.TRE, paragraph (a)(2) is replaced by the following:
‘(2) proficiency checks for the revalidation or renewal of type ratings and IRs;’;
(46) in point FCL.1005.CRE, paragraph (b)(4) is replaced by the following:
‘(3) revalidation and renewal of BIRs, provided that the CRE has completed:
(i) 1 500 hours of flight time as a pilot of aeroplanes; and
(ii) 450 hours of flight time under IFR; and’;
(47) point FCL.1005.IRE is replaced by the following:
‘FCL.1005.IRE IRE — Privileges
The privileges of holders of an instrument rating examiner (IRE) certificate are to conduct
skill tests for the issue and proficiency checks for the revalidation or renewal of BIRs and
IRs.’;
(48) in point FCL.1005.FIE, paragraph (c) is amended as follows:
‘(c) FIE(As). The privileges of an FIE on airships are to conduct assessments of competence
for the issue, revalidation or renewal of instructor certificates of airships, provided that the
relevant instructor certificate is held.’;
(49) in point FCL.1010.FIE, paragraphs (d) and (e) are deleted;
(50) Appendix 1 is amended as follows:
(a) point 1 is replaced by the following:
‘1. LAPL and PPL’;
(b) paragraph 1.1. and 1.2. are replaced by the following:
‘1.1. For the issue of an LAPL, the holder of an LAPL in another category of aircraft shall
be fully credited with theoretical knowledge on the common subjects established in
point FCL.120(a).
1.2. For the issue of an LAPL or a PPL, holders of a PPL, CPL or ATPL in another
category of aircraft shall be fully credited with theoretical knowledge on the common
subjects established in point FCL.215(a). This credit shall also apply to applicants for
an LAPL or a PPL who hold a BPL issued in accordance with Annex III (Part-BFCL)
to Commission Regulation (EU) 2018/395 or an SPL issued in accordance with
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976,
except that the subject ‘navigation’ shall not be credited.’;
(c) paragraph 1.2a. is deleted;
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(d) paragraph 1.3 is replaced by the following:
‘1.3. For the issue of a PPL, the holder of an LAPL in the same category of aircraft shall
be credited in full towards the theoretical knowledge instruction and examination
requirements.’;
(e) paragraph 1.4 is replaced by the following:
‘1.4 By way of derogation from paragraph 1.2, for the issue of an LAPL(A), the holder of
an SPL issued in accordance with Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976 with privileges to fly TMGs shall
demonstrate an adequate level of theoretical knowledge for the single-engine piston
aeroplane-land class in accordance with FCL.135.A(a)(2).’;
(f) paragraph 4.1 is replaced by the following:
‘4.1 An applicant for an IR, or for a BIR when seeking credit under FCL.035(b)(3)(ii),
who has passed the relevant theoretical examinations for a CPL in the same aircraft
category is credited towards the theoretical knowledge requirements in the following
subjects:
— Human Performance,
— Meteorology.’;
(51) Appendix 3 is amended as follows:
(a) in Chapter A, the paragraph following point 9(e)(3)(ii) is replaced by the following:
‘An applicant holding a BIR or a course completion certificate for the Basic Instrument
Flight Module shall be credited with up to 10 hours towards the required instrument
instruction time. Hours done in a BITD shall not be credited.’;
(b) in Chapter C, the paragraph following point 8(e)(2)(ii) is replaced by the following:
‘An applicant holding a BIR or a course completion certificate for the Basic Instrument
Flight Module shall be credited with up to 10 hours towards the required instrument
instruction time. Hours done in a BITD shall not be credited.’;
(c) in Chapter D, point 8(e) is replaced by the following:
‘(e) 10 hours of instrument flight instruction, of which up to 5 hours may be instrument
ground time in an FNPT I, FTD 2, FNPT II or FFS. An applicant holding a BIR or a
course completion certificate for the Basic Instrument Flight Module shall be credited
with up to 10 hours towards the required instrument instruction time. Hours done in
a BITD shall not be credited;’;
(d) in Chapter E, point 9 is replaced by the following:
‘9. Applicants holding a valid IR(A) shall be fully credited towards the dual instrument
instruction time. Applicants holding a valid IR(H) shall be credited up to 5 hours of
the dual instrument instruction time, in which case at least 5 hours dual instrument
instruction time shall be given in an aeroplane. An applicant holding a BIR or a
Course Completion Certificate for the Basic Instrument Flight Module shall be
credited with up to 10 hours towards the required instrument instruction time.’;
(e) in Chapter E, point 12(c) is replaced by the following:
‘(c) 10 hours of instrument flight instruction, of which up to 5 hours may be instrument
ground time in an FNPT I, or FNPT II or FFS. An applicant holding a BIR or a course
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completion certificate for the Basic Instrument Flight Module shall be credited with
up to 10 hours towards the required instrument instruction time. Hours done in a
BITD shall not be credited;’;
(52) In Appendix 6, Chapter A is amended as follows:
(a) paragraph 2 is replaced by the following:
‘2. An applicant for a modular IR(A) course shall be the holder of a PPL(A) or a CPL(A).
An applicant for the Procedural Instrument Flight Module, who does not hold a
CPL(A), shall be holder of a BIR or of a Course Completion Certificate for the Basic
Instrument Flight Module.’;
(b) paragraph 10.1 is replaced by the following:
’10.1. The holder of a CPL(A), of a BIR, or of a Course Completion Certificate for the
Basic Instrument Flight Module may have the total amount of training required in
paragraphs 7 or 8 above reduced by 10 hours.’;
(53) In Appendix 6, Chapter Aa is amended as follows:
(a) paragraphs 9 and 10 are renumbered to 11 and 12;
(b) paragraphs 9 and 10 are inserted as follows:
‘9. Applicants for the competency-based modular IR(A) who hold a BIR in accordance with
FCL.835, and who have received at least 10 hours of instrument flight time under
instruction at an ATO, may be credited in full towards the training course mentioned in
paragraph 4, provided that all competency-based instrument rating topics have been
included, as assessed by the ATO that provides the competency-based modular flying
training course.
10. Applicants for the competency-based modular IR(A) who hold a BIR and have, at a
minimum, experience of at least 50 hours of flight time under IFR as PIC on aeroplanes,
shall:
(a) at an ATO:
(i) be assessed as having an acceptable standard of competency-based instrument
rating theoretical knowledge;
(ii) receive appropriate flight training to extend IFR privileges in accordance with
FCL.605.IR(a);
(b) after completion of (a);
(i) successfully complete the skill test for the IR(A) in accordance with
Appendix 7;
(ii) demonstrate orally to the examiner during the skill test that they have acquired
an adequate level of theoretical knowledge of air law, meteorology, and flight
planning and performance.’;
(54) Appendix 7 is amended as follows:
(a) the title is replaced by ‘BIR and IR skill test’;
(b) paragraph 1 is replaced by the following:
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‘1. An applicant shall have received instruction on the same class or type of aircraft to
be used in the test which shall be appropriately equipped for the training and testing
purposes.’;
(b) paragraph 7 is replaced by the following:
‘9. An applicant shall indicate to the examiner the checks and duties carried out,
including the identification of radio facilities. The examiner shall take no part in the
operation of the aircraft, except when intervention is necessary in the interests of
safety or to avoid unacceptable delay to other traffic. Responsibility for the flight
shall be allocated in accordance with national regulations.’;
(55) the title of Appendix 9 replaced by ‘Training, skill test and proficiency check for MPL, ATPL,
type and class ratings, and proficiency check for BIR and IR’.
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ANNEX II
Amendments to Annex III to Commission Regulation (EU) No 1178/2011
(1) In point 7 of Section A, the introductory sentence is replaced by the following:
‘7. By way of derogation from the provisions of the points above, Member States may, for,
competition flights or display flights of limited duration, accept a licence issued by a third
country allowing the holder to exercise the privileges of a PPL as specified in Annex I, a
BPL as specified in Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or
an SPL as specified in Annex III (Part-SFCL) to Commission Implementing Regulation
(EU) 2018/1976, provided:’;
(2) in point 8 of Section A, the introductory sentence is replaced by the following:
‘8. By way of derogation from the provisions of the points above, Member States may accept
a licence which is equivalent to one of those referred to in point 7 and issued in compliance
with the requirements of Annex 1 to the Chicago Convention by a third country for a
maximum of 28 days per calendar year for specific non-commercial tasks, provided the
applicant:’;
(3) point 1 of Section B is replaced by the following:
‘1. The competent authority of a Member State may convert a licence which is issued in
compliance with the requirements of Annex 1 to the Chicago Convention by a third country
and which is:
(a) a licence equivalent to those specified in point 7; or
(b) a CPL or an ATPL,
into a PPL in accordance with Annex I (Part-FCL) with a single-pilot class or type rating,
a BPL in accordance with Annex III (Part-BFCL) to Commission Regulation (EU)
2018/395 or an SPL in accordance with Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976.’;
(4) point 2 of Section B is amended as follows:
(a) paragraph (b) is replaced by the following:
‘(b) pass the PPL, BPL or SPL skill test, as relevant, in accordance with Annex I
(Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part-BFCL)
to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976;’;
(b) paragraph (d) is replaced by the following:
‘(d) hold a medical certificate, as required and issued in accordance with Annex IV
(Part-MED) to Commission Regulation (EU) No 1178/2011;’
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ANNEX III
Amendments to Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011
Point MED.A.030 is amended as follows:
(a) paragraph (c) is replaced by the following:
‘(c) When exercising the privileges of (a):
(1) light aircraft pilot licence (LAPL), a balloon pilot licence (BPL) issued in
accordance with Annex III (Part-BFCL) to Commission Regulation (EU)
2018/395, or a sailplane pilot licence (SPL) issued in accordance with
Annex III (Part-SFCL) to Commission Implementing Regulation (EU)
2018/1976, the pilot shall hold at least a valid LAPL medical certificate;
(2) private pilot licence (PPL), the pilot shall hold at least a valid class 2 medical
certificate;
(3) BPL for the purpose of:
(i) commercial passenger ballooning, the pilot shall hold at least a valid class
2 medical certificate;
(ii) commercial operation other than commercial passenger ballooning, with
more than 4 persons on board the aircraft, the pilot shall hold at least a
valid class 2 medical certificate;
(4) SPL for the purpose of commercial sailplane operations other than those
specified in Article 3(2) of Commission Implementing Regulation (EU)
YYYY/XX, the pilot shall hold at least a valid class 2 medical certificate;
(5) a commercial pilot licence (CPL), a multi-crew pilot licence (MPL) or an airline
transport pilot licence (ATPL), the pilot shall hold a valid class 1 medical
certificate.’;
(b) paragraph (e) is replaced by the following:
‘(e) If an instrument rating or basic instrument rating is added to a PPL, the licence holder
shall undergo pure tone audiometry examinations in accordance with the periodicity
and the standard required for class 1 medical certificate holders.’
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ANNEX IV
Amendments to Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011
(1) In point ARA.GEN.220, paragraph (b) is replaced by the following:
‘(b) The competent authority shall establish and keep up to date a list of all organisation
certificates, FSTD qualification certificates and personnel licences, certificates and
attestations it issued, DTO declarations it received, and the DTO training programmes it
verified or approved for compliance with Annex I (Part-FCL), Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395, or Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976.’;
(2) point ARA.GEN.350 is amended as follows:
(a) the introductory sentence of paragraph (da) is replaced by the following:
‘(da) By way of derogation from paragraphs (a) to (d), in the case of DTOs, if during
oversight or by any other means the competent authority finds evidence that
indicates DTO non-compliance with the essential requirements set out in Annex IV
to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and
Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III
(Part-BFCL) to Commission Regulation (EU) 2018/395 and of Annex III (Part-
SFCL) to Commission Implementing Regulation (EU) 2018/1976, the competent
authority shall:’;
(b) paragraph (e) is replaced by the following:
‘(e) By way of derogation from any additional enforcement measures, when the
authority of a Member State that acts in accordance with point ARA.GEN.300(d)
identifies any non-compliance with the essential requirements set out in Annex IV
to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL),
Annex VII (Part-ORA) and Annex VIII (Part-DTO) to this Regulation, or with the
requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395
and of Annex III (Part-SFCL) to Commission Implementing Regulation (EU)
2018/1976 by an organisation certified by, or having made a declaration to, the
competent authority of another Member State or the Agency, it shall inform that
competent authority of that non-compliance.’;
(3) in point ARA.FCL.200, a new paragraph (e) is added:
‘(e) Instructors for FI(B) or FI(S) certificates: The competent authority shall develop
appropriate procedures for the conduct of the training flights under supervision, as specified
in:
(1) points BFCL.315(a)(5)(ii) and BFCL.360(a)(2) of Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395; and
(2) points SFCL.315(a)(7)(ii) and SFCL.360(a)(2) of Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976.’;
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(4) in point ARA.FCL.250(a), subparagraph (3) is replaced by the following:
‘(3) the licence holder no longer complies with the applicable requirements of Annex I
(Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976;’;
(5) in point ARA.FCL.300, paragraph (a) is replaced by the following:
‘(a) The competent authority shall put in place the necessary arrangements and procedures to
allow applicants to take theoretical knowledge examinations in accordance with the
applicable requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission
Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing
Regulation (EU) 2018/1976.’;
(6) in point ARA.DTO.100, paragraph (b) is replaced by the following:
‘(b) If the declaration does not contain the required information, or contains information that
indicates a non-compliance with the essential requirements set out in Annex IV to
Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII
(Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976, the competent authority shall act in accordance
with point ARA.GEN.350(da).’;
(7) in point ARA.DTO.110, paragraph (a) is replaced by the following:
‘(a) Upon receiving the training programmes of a DTO, and any changes thereto, notified to it
in accordance with point DTO.GEN.115(c) of Annex VIII (Part-DTO) or the application
for approval of the training programmes of a DTO submitted to it in accordance with point
DTO.GEN.230(c) of that Annex, the competent authority shall verify the compliance of
those training programmes with the requirements of Annex I (Part-FCL), Annex III (Part-
BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976, as applicable.’;
(8) Appendix I to Annex VI (Part-ARA) is amended as follows:
(a) the introductory sentence after the heading ‘Flight crew licence’ is replaced by the
following:
‘The flight crew licence issued by a Member State in accordance with Annex I (Part-FCL),
Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-
SFCL) to Commission Implementing Regulation (EU) 2018/1976 shall conform to the
following specifications:’;
(b) paragraph (a)(1)(III) is replaced by the following:
‘(III) serial number of the licence commencing with the UN country code of the State of
licence issue and followed by ‘FCL’, ‘BFCL’ or ‘SFCL’, as applicable, and a code
of numbers and/or letters in Arabic numerals and in Latin script;’;
(c) paragraph (a)(2)(XII) is replaced by the following:
‘(XII) ratings, certificates and, in the case of balloons and sailplanes, privileges: class,
type, instructor certificates, etc., with dates of expiry, as applicable. Radio
telephony (R/T) privileges may appear on the licence or on a separate certificate;’;
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(d) the template following paragraph (c), with the heading ‘Cover page’ (EASA Form 141
Issue 2), is amended as follows:
(i) the phrase ‘Issued in accordance with Part-FCL’ is replaced by the following:
‘Issued in accordance with Part-FCL / Part-BFCL / Part-SFCL (non-applicable terms
to be deleted)’;
(ii) the phrase ‘This licence complies with ICAO standards, except for the LAPL and
EIR privileges’ is replaced by the following:
‘This licence complies with ICAO standards, except for the LAPL and BIR privileges
or when accompanied by an LAPL medical certificate’;
(e) in the template following the heading ‘Page 2’, the phrase ‘Serial number of the licence
will always commence with the UN country code of the State of the licence issue, followed
by ‘FCL.’ (remark associated with field No III — Licence number) is replaced by the
following:
‘Serial number of the licence will always commence with the UN country code of the State
of the licence issue, followed by “FCL.”, “BFCL.” or “SFCL.”, as applicable.’;
(f) the template following the heading ‘Page 3’ is amended as follows:
(i) the phrase ‘Abbreviations used will be as used in Part-FCL (e.g. PPL(H), ATPL(A),
etc.)’ (text associated with field No II — Title of the licence, date of initial issue and
country code) is replaced by the following:
‘Abbreviations used will be as those used in Part-FCL (e.g. PPL(H), ATPL(A), etc.),
Part-BFCL and Part-SFCL’;
(ii) after the phrase ‘In case of LAPL: LAPL not issued in accordance with ICAO
standards’ (text associated with field No XIII – Remarks), the following text is added:
‘In case of SPL, except for the cases referred to in Article 3b(2b) of Commission
Implementing Regulation (EU) 2018/1976: Privileges for aerobatic and sailplane
cloud flying as well as for launching methods to be exercised in accordance with
points SFCL.155, SFCL.200 and SFCL.215 of Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976, as applicable.’
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(9) Appendix III to Annex VI (Part-ARA) is amended as follows:
CERTIFICATE FOR APPROVED TRAINING ORGANISATIONS (ATOs)
European Union *
Competent Authority
APPROVED TRAINING ORGANISATION CERTIFICATE
[CERTIFICATE NUMBER/REFERENCE]
Pursuant to Commission Regulation (EU) No 1178/2011 [and Commission Regulation (EU) 2018/395
/ Commission Implementing Regulation (EU) 2018/1976 (ADJUST AS APPLICABLE)] and subject
to the conditions specified below, the [Competent Authority] hereby certifies
[NAME OF THE TRAINING ORGANISATION]
[ADDRESS OF THE TRAINING ORGANISATION]
as a Part-ORA certified training organisation with the privilege to provide Part-FCL training courses,
including the use of FSTDs, as listed in the attached training course approval / Part-BFCL training
courses / Part-SFCL training courses [ADJUST AS APPLICABLE].
CONDITIONS:
This certificate is limited to the privileges and the scope of providing the training courses, including the
use of FSTDs, as listed in the attached training course approval.
This certificate is valid whilst the approved organisation remains in compliance with Part-ORA,
Part-FCL, Part-BFCL, Part-SFCL [ADJUST AS APPLICABLE] and other applicable regulations.
Subject to compliance with the foregoing conditions, this certificate shall remain valid unless it has been
surrendered, superseded, limited, suspended or revoked.
Date of issue:
Signed:
[Competent Authority]
* ‘European Union’ to be deleted for non-EU Member States
EASA FORM 143 Issue 2 — Page 1/2
Page 24 of 30
Annex Ib to EASA Opinion No 01/2019
APPROVED TRAINING ORGANISATION CERTIFICATE
TRAINING COURSE APPROVAL
Attachment to ATO Certificate Number:
[CERTIFICATE NUMBER/REFERENCE]
[NAME OF THE TRAINING ORGANISATION]
has obtained the privilege to provide and conduct the following Part-FCL / Part-BFCL / Part-SFCL [ADJUST AS
APPLICABLE] training courses and to use the following FSTDs:
Training course FSTD(s) used, including letter code (1)
(1)
as indicated on the qualification certificate
This training course approval is valid as long as:
(a) the ATO certificate has not been surrendered, superseded, limited, suspended or revoked; and
(b) all operations are conducted in compliance with Part-ORA, Part-FCL, Part-BFCL, Part-SFCL [ADJUST
AS APPLICABLE], other applicable regulations, and, when relevant, with the procedures in the
organisation’s documentation as required by Part-ORA.
Date of issue:
Signed: [Competent Authority]
For the Member State/EASA
EASA FORM 143 Issue 2 — Page 2/2
Page 25 of 30
Annex Ib to EASA Opinion No 01/2019
(10) Appendix VIII to Annex VI (Part-ARA) is replaced by the following:
Training programme approval
for a declared training organisation (DTO)
European Union (*)
Competent authority
Issuing authority:
Name of DTO:
DTO reference number:
Training programme(s) approved: Doc reference: Remarks:
Examiner standardisation — FE(S), FE(B) (**)
Examiner refresher course — FE(S), FE(B) (**)
The above-mentioned training programme(s) has (have) been verified by the above-
mentioned competent authority and found to be in compliance with the requirements of
Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part-
BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976.
Date of issue:
Signed: [competent authority]
(*) ‘European Union’ to be deleted for non-EU Member States.
(**) To be adjusted as applicable.
EASA Form XXX Issue 2 — Page 1/1’.
Page 26 of 30
Annex Ib to EASA Opinion No 01/2019
ANNEX V
Amendments to Annex VII (Part-ORA) to Commission Regulation (EU) No 1178/2011
(1) Point ORA.ATO.110 is amended as follows:
(a) in paragraph (b), subparagraph (1) is replaced by the following:
‘(1) ensuring that the training provided is in compliance with Annex I (Part-FCL), Annex
III (Part-BFCL) to Commission Regulation (EU) 2018/395, Annex III
(Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as
applicable, and, in the case of flight test training, that the relevant requirements of
Annex I (Part 21) to Commission Regulation (EU) No 748/2012 and the training
programme have been established;’;
(b) paragraph (d) is replaced by the following:
‘(d) Flight instructors and flight simulation training instructors shall hold the
qualifications required by Annex I (Part-FCL), Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976 for the type of training they provide.’;
(2) in point ORA.ATO.125, paragraph (b) is replaced by the following:
‘(b) The training programme shall comply with the requirements of Annex I (Part-FCL),
Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, Annex III
(Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, and,
in the case of flight test training, the relevant requirements of Annex I (Part 21) to
Commission Regulation (EU) No 748/2012.’
Page 27 of 30
Annex Ib to EASA Opinion No 01/2019
ANNEX VI
Amendments to Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011
(1) Point DTO.GEN.110 is amended as follows:
(a) paragraphs (a)(3) and (4) are replaced by the following:
‘(3) for sailplanes, in accordance with the requirements of Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976:
(a) theoretical knowledge instruction for the SPL;
(b) flight instruction for the SPL;
(c) training towards extension of privileges to sailplanes or TMGs in accordance
with point SFCL.150;
(d) training towards additional launching methods in accordance with point
SFCL.155;
(e) training towards additional ratings and privileges: basic aerobatic and advanced
aerobatic privileges, sailplane and banner towing rating, TMG night rating, and
sailplane cloud flying privileges;
(f) training towards flight instructor certificate for sailplanes (FI(S));
(g) FI(S) refresher course.’;
(4) for balloons, in accordance with the requirements of Annex III (Part-BFCL) to
Commission Implementing Regulation (EU) 2018/1976:
(a) theoretical knowledge instruction for the BPL;
(b) flight instruction for the BPL;
(c) training towards class or group extension in accordance with point BFCL.150;
(d) training towards additional ratings: tethered hot-air balloon flight, night, and
commercial operation rating;
(g) training towards flight instructor certificate for balloons (FI(B));
(h) FI(B) refresher course.’;
(b) paragraph (b) is replaced by the following:
‘(b) A DTO shall be entitled to also provide the examiner courses referred to in points
BFCL.430 and BFCL.460(b)(1) of Annex III (Part-BFCL) to Commission
Regulation (EU) 2018/395 for FE(B), as well as in points SFCL.430 and
SFCL.460(b)(1) of Annex III (Part-SFCL) to Commission Implementing Regulation
(EU) 2018/1976 for FE(S), provided that the DTO has submitted a declaration in
accordance with point DTO.GEN.115 and the competent authority has approved the
training programme in accordance with point DTO.GEN.230(c).’;
Page 28 of 30
Annex Ib to EASA Opinion No 01/2019
(2) in point DTO.GEN.115(a), subparagraph (8) is replaced by the following:
‘(8) a statement that confirms that the DTO complies and will, during all training activities
covered by the declaration, continue to comply with the essential requirements set out in
Annex IV to Regulation (EU) 2018/1139, with the requirements of
Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation and with the
requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’;
(3) point DTO.GEN.210 is amended as follows:
(a) paragraph (a)(2)(i) is replaced by the following:
‘(i) that the training provided complies with the requirements of Annex I (Part-FCL),
Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III
(Part-SFCL) to Commission Regulation (EU) 2018/1976 and with the DTO’s training
programme;’;
(b) paragraph (e) is replaced by the following:
‘(e) Flight instructors and flight simulation training instructors shall hold the
qualifications required by Annex I (Part-FCL), Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976 for the type of training they provide.’;
(4) point DTO.GEN.230 is amended as follows:
(a) paragraph (b) is replaced by the following:
‘(b) The training programmes shall comply with the requirements of Annex I
(Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as
applicable.’;
(b) paragraph (c) is replaced by the following:
‘(c) A DTO shall be entitled to provide the training referred to in point DTO.GEN.110(b)
only when its training programme for that training, and any changes thereto, have
been issued by the competent authority, upon application by the DTO, with an
approval in accordance with point ARA.DTO.110, confirming that the training
programme and any changes thereto comply with the requirements of Annex I (Part-
FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as
applicable. A DTO shall apply for such approval through the submission of its
declaration in accordance with point DTO.GEN.115.’;
Page 29 of 30
Annex Ib to EASA Opinion No 01/2019
(5) in Appendix 1 to Annex VIII, Section 9 of the declaration form is replaced by the following:
‘9. Statement
The DTO has developed a safety policy in accordance with Annex VIII (Part-DTO)
to Commission Regulation (EU) No 1178/2011, and in particular with point
DTO.GEN.210(a)(1)(ii) thereof, and will apply that policy during all training
activities covered by the declaration.
The DTO complies and will, during all training activities covered by the
declaration, continue to comply with the essential requirements set out in
Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-
FCL) and Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011,
and with the requirements of Annex III (Part-BFCL) to Commission Regulation
(EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing
Regulation (EU) 2018/1976.
We confirm that all information contained in this declaration, including its annexes
(if applicable), is complete and correct.
Name, date and signature of the representative of the DTO
Name, date and signature of the head of training of the DTO’
Page 30 of 30
EUROPEAN
COMMISSION
Brussels, XXX
[…](2019) XXX draft
Annex IIa to EASA Opinion No 01/2019
COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
amending Commission Regulation (EU) 2018/395 as regards balloon pilot licences
EN EN
DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/…
of XXX
amending Commission Regulation (EU) 2018/395 as regards balloon pilot licences
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 3922/91 (1), and in particular Articles 23 and 27 thereof,
Whereas:
(1) The European Commission is to adopt the necessary implementing rules for establishing
the requirements for balloon pilot licences in accordance with Regulation (EU)
2018/1139, where such aircraft meet the conditions specified in points (b)(i) and (ii) of
Article 2(1) of that Regulation.
(2) In light of the specific nature of flight crew licensing for balloons, there is a need for
dedicated licensing requirements that are laid down in self-standing regulations. Those
rules should be based on the general rules for flight crew licensing that are laid down in
Commission Regulation (EU) No 1178/2011 (2), but they should be restructured and
simplified, so as to ensure that they are proportionate and founded on a risk-based
approach, whilst ensuring that balloon pilots are and continue to be competent to carry
out their activities and to discharge their responsibilities.
(3) These new licensing requirements for balloon pilots should be added to Commission
Regulation (EU) 2018/395 (3). At the same time, the licensing requirements that are
related to balloon pilot licences and are laid down in Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011 should be deleted, and those requirements of Annex I
(Part-FCL) that address cross-domain issues, such as crediting provisions between
balloon pilot licences and licences for other aircraft categories, should be revised in
order to consider the new licensing requirements for balloons.
(4) Pursuant to Article 12(2a)(3) of Commission Regulation (EU) No 1178/2011, Member
States may apply national licensing rules that provide access to basic pilot privileges
until 8 April 2020. Some Member States have reported to the European Commission
and the European Union Aviation Safety Agency that, in this context, authorising
( 1) OJ L 212, 22.8.2018, p. 1.
( 2) 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).
( 3) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation
of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ
L 71, 14.3.2018, p. 10).
EN 1 EN
student pilots to exercise limited privileges without supervision and thereby obtain basic
privileges on a step-by-step basis supports the promotion of aerial sports and
recreational activities by offering easy and more affordable access to flying. Promoting
and enabling such easier access to general aviation is in line with the objectives of the
General Aviation Road Map that aims to create a more proportional, flexible and
proactive regulatory system (4). For these reasons, Member States should be given the
discretion to continue with such modular training routes which should be credited for
the issue of a balloon pilot licence (BPL). Member States should be obliged to inform
the European Commission and the European Union Aviation Safety Agency if they
make use of such authorisations. They should also monitor the use of such authorisations
in order to maintain an acceptable level of aviation safety.
(5) In order to ensure a smooth transition and to avoid as much as possible any disruptions
when introducing the new, specific regulatory framework for balloon flight crew
licensing laid down in this Regulation, any certificates, authorisations and approvals
issued to balloon pilots in accordance with Commission Regulation (EU) No 1178/2011
prior to the date of application of this Regulation should continue to be valid. National
balloon pilot licences issued prior to the date of application of this Regulation should be
converted into licences, issued in accordance with this Regulation, through conversion
reports established by the Member States in consultation with the European Union
Aviation Safety Agency.
(6) Credit should be granted for balloon pilot training that commenced prior to the date of
application of this Regulation. As the new balloon pilot training requirements that are
introduced with this Regulation are equally or less demanding compared to the so far
applicable requirements of Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011, training in accordance with Annex I (Part-FCL) should be fully credited.
Credit for training that commenced in accordance with Annex 1 to the Chicago
Convention should be determined through credit reports established by the Member
States.
(7) It should be possible for Member States to accept balloon licences that are issued by
third countries. Based on the requirements of the so far applicable Article 8 of
Commission Regulation (EU) No 1178/2011, the conditions for accepting third-country
balloon pilot licences should be laid down.
(8) The requirements of Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII
(Part-DTO) to Commission Regulation (EU) No 1178/2011 should continue to apply to
balloon flight crew licensing as, in the context of making the regulatory framework for
balloons simpler, lighter and better, there is no need for amendments with regard to these
Annexes. Existing training organisations should be given the appropriate time to adapt
their training programmes, where necessary, in the context of the simplified training
requirements.
(9) The European Union Aviation Safety Agency has prepared draft implementing rules
and submitted them with Opinion No 01/2019 (5) to the European Commission in
accordance with points (b) and (c) of Article 75(2) and with Article 76(1) of Regulation
(EU) 2018/1139.
(10) The measures provided for in this Regulation are in accordance with the opinion of the
committee established by Article 127 of Regulation 2018/1139,
( 4) https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map
( 5) https://www.easa.europa.eu/document-library/opinions
EN 2 EN
HAS ADOPTED THIS REGULATION:
Article 1
Commission Regulation (EU) 2018/395 is amended as follows:
(1) the title of Commission Regulation (EU) 2018/395 is replaced by the following:
‘Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules
for the operation of as well as the flight crew licensing for balloons pursuant to Regulation
(EU) 2018/1139’;
(2) in Article 1, paragraph 1 is replaced by the following:
‘1. This Regulation lays down detailed rules for air operations with balloons as well as
for issuing and maintaining pilot licences and associated ratings, privileges and
certificates for balloons, where such aircraft meet the conditions laid down in points
(b)(i) and (ii) of Article (2)(1) of Regulation (EU) 2018/1139.’;
(3) Article 2 is amended as follows:
(a) the introductory sentence is replaced by the following:
‘For the purpose of this Regulations, the following definitions and, unless terms are
defined otherwise in this Article, the definitions of Article 2 of Commission
Regulation (EU) No 1178/2011 apply:’
(b) the following point (7a) is inserted:
‘(7a) “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;’;
(c) point (10) is replaced by the following:
‘(10) “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 Commission Regulation
(EU) No 1178/2011 (6) or by an organisation established with the aim of
promoting aerial sport or leisure aviation;’;
(d) point (12) is replaced by the following:
‘(12) “dry lease agreement” means an agreement between undertakings pursuant
to which the balloon is operated under the responsibility of the lessee;’;
(e) the following points (13) to (15) are added:
‘(13) “national licence” means a pilot licence issued by a Member State in
accordance with national legislation before the date of application of
(6) 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).
EN 3 EN
Annex III (Part-BFCL) to this Regulation or of Annex I (Part-FCL) to
Commission 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;’;
(4) Article 3 is amended as follows:
(a) in paragraph (2), the first subparagraph is replaced by the following:
‘2. In accordance with point (a) of Article 30(1) of Regulation (EU) 2018/1139
operators of balloons shall engage in commercial operations only after having
declared to the competent authority their capacity and means to discharge the
responsibilities associated with the operation of the balloon.’;
(b) in paragraph (2), the second subparagraph is deleted;
(c) in paragraph (2), the introductory sentence of the third subparagraph is replaced by
the following:
‘The first subparagraph shall not apply to the following operations with balloons:’;
(d) in paragraph (2), points (c) and (d) are replaced by the following:
‘(c) introductory flights with four individuals or less, including the pilot, and
flights for the purposes of parachute dropping, performed either by a training
organisation that has its principal place of business in a Member State and
referred to in Article 10a of Regulation (EU) No 1178/2011, or by an
organisation created for the purposes of promoting aerial sport or leisure
aviation, provided that the organisation operates the balloon on the basis of
either ownership or a dry lease agreement, that the flight does not generate
profits distributed outside the organisation and that such flights represent only
a marginal activity of the organisation;
(d) training flights performed by a training organisation referred to in Article 10a
of Regulation (EU) No 1178/2011 and has its principal place of business in a
Member State.’;
(5) after Article 3, the following Articles 3a to 3e are inserted:
‘Article 3a
Pilot licences and medical certification
1. Without prejudice to Article 3d of this Regulation, pilots of aircraft referred to in
Article 1(1) shall comply with the technical requirements and administrative
procedures laid down in Annex III (Part-BFCL) to this Regulation and in Annex IV
(Part-MED) to Commission Regulation (EU) No 1178/2011.
2. As an exception to the privileges of the holders of licences as defined in Annex III
(Part-BFCL) to this Regulation, holders of such licences may carry out flights
referred to in Article 3(2)(a) to (d) without complying with point BFCL.215 of
Annex III (Part-BFCL) to this Regulation.
3. A Member State may authorise student pilots who follow a BPL training course to
exercise limited privileges without supervision before they meet all the
EN 4 EN
requirements that are necessary for the issue of a BPL in accordance with Annex III
(Part-BFCL) to this Regulation, subject to the following conditions:
(a) the scope of the privileges granted shall be based on a safety risk assessment
carried out by the Member State, taking into account the extent of training
necessary for the intended level of pilot competence to be achieved;
(b) the privileges shall be limited to the following:
(i) the whole or part of the national territory of the authorising Member
State; and
(ii) balloons that are registered in the authorising Member State;
(c) the holder of such an authorisation who applies for the issue of a balloon pilot
licence (BPL) shall receive credits for training conducted under the
authorisation on the basis of a recommendation from an approved training
organisation (ATO) or a declared training organisation (DTO);
(d) the Member State shall submit reports and safety risk assessments to the
European Commission and the European Union Aviation Safety Agency
every 3 years;
(e) the Member State shall monitor the use of authorisations issued under this
paragraph to ensure an acceptable level of aviation safety and take appropriate
action in case of identifying an increased safety risk or any safety concerns.
Article 3b
Existing pilot licences and national medical certificates
1. Part-FCL licences for balloons and associated privileges, ratings and certificates
issued by a Member State before the date of application of this Regulation shall be
deemed to have been issued in accordance with this Regulation. When a Member
State reissues licences for administrative reasons or upon application by licence
holders, the Member State shall replace these licences with licences that comply
with the format laid down in Annex VI (Part-ARA) to Commission Regulation (EU)
No 1178/2011.
2. When a Member State reissues licences and associated privileges, ratings and
certificates in accordance with paragraph 1, the Member State shall, as applicable:
(a) transfer all privileges endorsed so far in Part-FCL licences to the new licence
format;
(b) convert the privileges for tethered flight or commercial operation associated
with a Part-FCL licence into a tethered flight rating or a commercial operation
rating in accordance with the provisions of Annex III (Part-BFCL) to this
Regulation; and
(c) endorse the expiry date of a flight instructor certificate associated with a Part-
FCL licence into the pilot’s logbook or issue an equivalent document. After
that date, those pilots shall exercise instructor privileges only when they
comply with point BFCL.360 of Annex III (Part-BFCL) to this Regulation.
3. Holders of national licences for balloons issued by a Member State before the date
of application of Annex III (Part-BFCL) to this Regulation shall be allowed to
continue to exercise the privileges of their licences until 8 April 2021. By that date,
EN 5 EN
these licences shall have been converted into Part-BFCL licences and associated
ratings, privileges and certificates in accordance with the elements laid down in a
conversion report that complies with the requirements of Article 4(4) and (5) of
Commission Regulation (EU) No 1178/2011.
4. National pilot medical certificates associated with a licence as specified in
paragraph 2 above and issued by a Member State before the date of application of
Annex III (Part-BFCL) to this Regulation shall remain valid until the date of their
next revalidation or until 8 April 2021, whichever is the earlier. The revalidation of
these medical certificates shall comply with the requirements of Annex IV (Part-
MED) to Commission Regulation (EU) No 1178/2011.
Article 3c
Credit for training that commenced prior to the date of application of this
Regulation
1. In respect of issuing Part-BFCL licences and associated privileges, ratings or
certificates in accordance with Annex III (Part-BFCL) to this Regulation, training
that commenced prior to the date of application of this Regulation in accordance
with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be
deemed to have commenced in accordance with this Regulation. In such cases, BPL
training that was commenced on balloons representing the gas balloon class, the
hot-air airship class, or group B, C or D of the hot-air balloon class may be
completed on these balloon classes.
2. Training that commenced prior to the date of application of this Regulation or of
Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, in accordance
with Annex 1 to the Chicago Convention, shall be given credit for the purposes of
issuing Part-BFCL licences on the basis of a credit report established by the
Member State in consultation with the European Union Aviation Safety Agency.
3. The credit report shall describe the scope of the training, indicate for which
requirements of Part-BFCL credit is given and, if applicable, which requirements
applicants need to comply with in order to be issued with a
Part-BFCL licence. It shall include copies of all the documents that are necessary
to demonstrate the scope of the training, as well as copies of the national regulations
and procedures in accordance with which the training was commenced.
Article 3d
Conditions for the acceptance of licences issued by third countries
1. Without prejudice to international agreements concluded between the European
Union and a third country in accordance with point (a) of Article 68(1) of
Regulation (EU) 2018/1139 covering balloon pilot licensing, Member States may
accept third-country balloon licences and associated ratings, privileges or
certificates, as well as associated medical certificates issued by or on behalf of third
countries, in accordance with the provisions of Annex III to Commission
Regulation (EU) No 1178/2011.
2. Applicants for a Part-BFCL licence who already hold at least an equivalent licence,
rating, privilege or certificate issued in accordance with Annex 1 to the Chicago
EN 6 EN
Convention by a third country shall comply with all the requirements of Annex III
(Part-BFCL) to this Regulation, except that the course duration, the number of
lessons and the specific training hours may be reduced.
3. The credit given to the applicant shall be determined by the Member State to which
the pilot applies on the basis of a recommendation from an ATO or a DTO for
balloons.
Article 3e
Training organisations
1. Training organisations for pilot licences referred to in Article 1(1) shall comply
with the requirements of Article 10a of Commission Regulation (EU)
No 1178/2011.
2. Training organisations referred to in paragraph 1 which hold an approval issued in
accordance with Annex VII (Part-ORA) to Commission Regulation (EU)
No 1178/2011 or have submitted a declaration in accordance with Annex VIII (Part-
DTO) to Commission Regulation (EU) No 1178/2011 before the date of application
of this Regulation shall adapt their training programmes, where necessary, by 8
April 2021 at the latest.’;
(6) Annex I (Part-DEF) is amended in accordance with Annex I to this Regulation;
(7) Annex II (Part-BOP) is amended in accordance with Annex II to this Regulation;
(8) Annex III (Part-BFCL) is added as set out in Annex III to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
It shall apply from 8 April 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Commission
The President
[…]
EN 7 EN
Annex IIb to EASA Opinion No 01/2019
Draft Annex I, II and III
to draft Commission Implementing Regulation (EU) …/… [reference to amending
regulation] amending Commission Regulation (EU) 2018/395 laying down detailed rules
for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European
Parliament and of the Council
ANNEX I
Annex I ‘Definitions’ (Part-DEF) to Commission Regulation (EU) 2018/395 is amended as
follows:
(1) The introductory sentence is replaced by the following:
‘For the purpose of this Regulation, the following definitions and, unless terms are
defined otherwise in this Annex, the definitions of Article 2 of Commission Regulation
(EU) No 1178/2011 as well as of point FCL.010 of Annex I (Part-FCL) to that
Regulation, shall apply:’
(2) points 1 and 2 are replaced by the following:
‘1. “acceptable means of compliance (AMC)” means non-binding standards adopted
by the Agency to illustrate means to establish compliance with Regulation (EU)
2018/1139 and its delegated and implementing acts;
2. “alternative means of compliance (AltMoC)” means those means that propose an
alternative to an existing AMC or those that propose new means to establish
compliance with Regulation (EU) 2018/1139 and its delegated and implementing
acts for which no associated AMC have been adopted by the Agency;’;
(3) the following point 11a is inserted:
‘11a. “flight time” means the total time from the moment the basket leaves the ground
for the purpose of taking off until the moment it finally comes to a rest at the end
of the flight;’;
(4) the following points 17a and 17b are inserted:
‘17a. “class” (of balloons) means a categorisation of balloons taking into account the
lifting means used to sustain flight;
17b. “proficiency check” means the demonstration of skill for the purpose of complying
with the recency requirements as established in this Regulation, and including oral
examinations as may be required;’;
(5) point 22 is replaced by the following:
‘22. “group” (of balloons) means a categorisation of balloons, taking into account the
size or capacity of the envelope;’;
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(6) the following points 23 to 26 are added:
‘23. “skill test” means the demonstration of skill for the purpose of issuing a licence or
rating, or extension of a privilege, including oral examinations as may be required;
24. “assessment of competence” means the demonstration of skill, knowledge and
attitude for the initial issue, revalidation or renewal of an instructor or examiner
certificate;
25. “solo flight” means a flight during which a student pilot is the sole occupant of the
balloon;
26. “tethered flight” means a flight with a tether system that anchors the balloon to a
fixed location during operation, with the exception of a tether which may be used
as part of the take-off procedure.’
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ANNEX II
Annex II ‘Balloon Air Operations’ (Part-BOP) to Commission Regulation (EU) 2018/395 is
amended as follows:
(1) in point BOP.BAS.010, paragraph (a) is replaced by the following:
‘(a) An operator shall, when so requested by the competent authority which
verifies continued compliance by the operator in accordance with point
ARO.GEN.300(a)(2) of Annex II (Part-ARO) to Regulation (EU)
No 965/2012, demonstrate compliance with the essential requirements set
out in Annex V to Regulation (EU) 2018/1139 and with the requirements of
this Regulation.’;
(2) point BOP.BAS.020 is replaced by the following:
‘BOP.BAS.020 Immediate reaction to a safety problem
The operator shall implement:
(a) safety measures mandated by the competent authority in accordance with
paragraph (c) of point ARO.GEN.135 of Annex II (Part-ARO) to Regulation
(EU) No 965/2012; and
(b) airworthiness directives and other mandatory information issued by the
Agency in accordance with paragraph (h) of Article 77(1) of Regulation (EU)
2018/1139.’;
(3) point BOP.BAS.025 is replaced by the following:
‘BOP.BAS.025 Designation as pilot-in-command
The operator shall designate a pilot-in-command who is qualified to act as pilot-in-
command in accordance with Annex III (Part-BFCL) to this Regulation.’;
(4) in point BOP.BAS.300, paragraph (c) is replaced by the following:
‘(c) Instruments and equipment not required by this Section, as well as any other
equipment that is not required by this Annex but is carried on board a balloon
during a flight, shall comply with the following two conditions:
(1) the information provided by those instruments or equipment shall not
be used by the flight crew to comply with the essential requirements
for airworthiness set out in Annex II to Regulation (EU) 2018/1139;
(2) the instruments and equipment shall not affect the airworthiness of the
balloon, even in the case of failures or malfunction.’;
(5) in point BOP.ADD.005, paragraph (a) is replaced by the following:
‘(a) The operator shall be responsible for the operation of the balloon in
accordance with the essential requirements set out in Annex V to Regulation
(EU) 2018/1139, with the requirements of this Subpart and with its
declaration.’;
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(6) in point BOP.ADD.015, paragraph (a) is replaced by the following:
‘(a) For the purpose of determining compliance with the essential requirements
set out in Annex V to Regulation (EU) 2018/1139 and with the requirements
of this Regulation, the operator shall grant access to any person authorised
by the competent authority at any time to any facility, balloon, document,
records, data, procedures or any other material relevant to the operator’s
activity that falls within the scope of this Regulation, irrespective of whether
or not the activity is contracted.’;
(7) point BOP.ADD.035 is replaced by the following:
‘BOP.ADD.035 Contracted activities
When contracting any part of its activity that falls within the scope of this
Regulation, the operator shall be responsible for ensuring that the contracted
organisation carries out the activity in accordance with the essential requirements
set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this
Regulation. The operator shall also ensure that the competent authority is given
access to the contracted organisation in order to determine that the operator
complies with those requirements.’;
(8) in point BOP.ADD.040, paragraph (a) is replaced by the following:
‘(a) The operator shall appoint an accountable manager who has the authority to
ensure that all activities that fall within the scope of this Regulation can be
financed and carried out in accordance with the essential requirements set out
in Annex V to Regulation (EU) 2018/1139 and with the requirements of this
Regulation. The accountable manager shall be responsible for establishing
and maintaining an effective management system.’;
(9) point BOP.ADD.045 is replaced by the following:
‘BOP.ADD.045 Facility requirements
The operator shall have facilities that are sufficient to allow the performance and
management of all tasks and activities required to ensure compliance with the
essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with
the requirements of this Regulation.’;
(10) in point BOP.ADD.100, paragraph (a) is replaced by the following:
‘(a) In the declaration referred to in the second subparagraph of Article 3(2), the
operator shall confirm that it complies and will continue to comply with the
essential requirements set out in Annex V to Regulation (EU) 2018/1139 and
with the requirements of this Regulation.’;
(11) in point BOP.ADD.105, paragraph (a) is replaced by the following:
‘(a) The operator shall notify the competent authority without delay of any
changes in circumstances affecting its compliance with the essential
requirements set out in Annex V to Regulation (EU) 2018/1139 and with the
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requirements of this Regulation, as declared to the competent authority, and
of any changes in respect of the information referred to in point
BOP.ADD.100(b) and the list of AltMoCs referred to in point
BOP.ADD.100(c), as included in or annexed to the declaration.’;
(12) in point BOP.ADD.115, paragraph (c) is replaced by the following:
‘(c) Where a balloon registered in a third country is subject to a dry lease
agreement, the operator of such balloon shall ensure compliance with the
essential requirements relating to continuing airworthiness set out in Annexes
II and V to Regulation (EU) 2018/1139 and with the requirements of this
Regulation.’;
(13) in point BOP.ADD.300, paragraph (c) is replaced by the following:
‘(c) All flight crew members shall hold a licence and ratings issued or accepted
in accordance with Annex III to this Regulation and shall be appropriate to
the duties assigned to them.’;
(14) in point BOP.ADD.300, paragraph (e) is replaced by the following:
‘(e) When engaging the services of flight crew members who work on a freelance
or part-time basis, the operator shall verify that all of the following
requirements are complied with:
(1) the requirements of this Subpart;
(2) Annex III to this Regulation, including the requirements on recent
experience;
(3) the flight and duty time limitations and rest requirements in accordance
with the national law of the Member State where the operator has its
principal place of business, taking into account all services rendered by
the flight crew member to other operators.’;
(15) in point BOP.ADD.305, paragraph (b) is replaced by the following:
‘(b) The operator shall only designate a pilot to act as pilot-in-command if he or
she:
(1) is qualified to act as pilot-in-command in accordance with Annex III to
this Regulation;
(2) has the minimum level of experience specified in the operations
manual; and
(3) has adequate knowledge of the area to be flown.’;
(16) point BOP.ADD.310 is replaced by the following:
‘BOP.ADD.310 Provision of training and checking
All training and checking of flight crew members required pursuant to point
BOP.ADD.315 shall be provided as follows:
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(a) in accordance with the training programmes and syllabi established by the
operator in the operations manual;
(b) by appropriately qualified persons and, as regards flight training and
checking, by persons qualified in accordance with Annex III to this
Regulation.’;
(17) the Appendix is replaced by the following:
‘Appendix
DECLARATION
in accordance with Commission Regulation (EU) 2018/395
Operator
Name:
Place where the operator has its principal place of business:
Name and contact details of the accountable manager:
Balloon operation
Starting date of commercial operation and, where relevant, date of change to existing commercial
operation.
Information on balloon(s) used, commercial operation(s) and continuing airworthiness management:
(1)
Balloon type Balloon Main base Type(s) of Continuing
registration operation (2) airworthiness
management
organisation (3)
Where applicable, list of the AltMoCs with references to the associated AMC (annex to this
declaration):
Statements
⎕ The operator complies, and will continue to comply, with the essential requirements set out in
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Annex V to Regulation (EU) 2018/1139 and with the requirements of Regulation (EU) 2018/395.
In particular, the operator conducts its commercial operations in accordance with the following
requirements of Subpart ADD of Annex II to Regulation (EU) 2018/395:
⎕ The management system documentation, including the operations manual, comply with the
requirements of Subpart ADD and all flights will be carried out in accordance with the provisions of
the operations manual as required by point BOP.ADD.005(b) of Subpart ADD.
⎕ All balloons operated either have a certificate of airworthiness issued in accordance with
Regulation (EU) No 748/2012 or meet the specific airworthiness requirements applicable to balloons
that are registered in a third country and are subject to a wet lease agreement or a dry lease agreement,
as required by points BOP.ADD.110 and BOP.ADD.115(b) and (c) of
Subpart ADD.
⎕ All flight crew members hold a licence and ratings issued or accepted in accordance with
Annex III to Regulation (EU) 2018/395, as required by point BOP.ADD.300(c) of Subpart ADD.
⎕ The operator will notify the competent authority of any changes in circumstances affecting its
compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and
with the requirements of Regulation (EU) 2018/395 as declared to the competent authority through
this declaration and any changes to the information and lists of AltMoCs included in and annexed to
this declaration, as required by point BOP.ADD.105(a) of Subpart ADD.
⎕ The operator confirms that all information included in this declaration, including its annexes, is
complete and correct.
Date, name and signature of the accountable manager
(1) Complete the table. If there is not enough space to list the information, it shall be listed in a separate annex.
The annex shall be dated and signed.
(2) ‘Type(s) of operation’ refers to the type(s) of commercial operation conducted with the balloon.
3
() Information about the organisation responsible for the continuing airworthiness management shall include
the name of the organisation, the address and the approval reference. ’
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ANNEX III
‘ANNEX III
REQUIREMENTS FOR BALLOON FLIGHT CREW LICENSING
[PART-BFCL]
SUBPART GEN
GENERAL REQUIREMENTS
BFCL.001 Scope
This Annex establishes the requirements for the issue of a balloon pilot licence (BPL) and
associated privileges, ratings and certificates, and the conditions for their validity and use.
BFCL.005 Competent authority
For the purpose of this Annex, the competent authority shall be an authority designated by the
Member State to which a person applies for the issue of a BPL or associated privileges, ratings
or certificates.
BFCL.010 Classes and groups of balloons
For the purpose of this Annex, balloons shall be categorised in the following classes and
groups:
(a) ‘hot-air balloon’ class:
(1) group A: envelope capacity up to 3 400 m3 (120 069 ft3);
(2) group B: envelope capacity between 3 401 m3 (120 070 ft3) and 6 000 m3 (211 888
ft3);
(3) group C: envelope capacity between 6 001 m3 (211 889 ft3) and 10 500 m3
(370 804 ft3);
(4) group D: envelope capacity of more than 10 500 m3 (370 804 ft3);
(b) ‘gas balloon’ class;
(c) ‘mixed balloon’ class;
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(d) ‘hot-air airship’ class.
BFCL.015 Application for and issue, revalidation and renewal of a BPL as well as
associated privileges, ratings and certificates
(a) An application for the following shall be submitted to the competent authority in a form
and manner established by that competent authority:
(1) the issue of a BPL and associated ratings;
(2) the extension of the privileges of a BPL;
(3) the issue of a flight instructor (FI(B)) certificate;
(4) the issue, revalidation and renewal of a flight examiner (FE(B)) certificate; and
(5) any amendments to the BPL and associated privileges, ratings certificates.
(b) An application as specified in paragraph (a) shall be accompanied by evidence that the
applicant complies with the relevant requirements established in this Annex and in
Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011.
(c) Any limitation or extension of the privileges granted by a licence, rating or certificate
shall be endorsed on the licence or certificate by the competent authority.
(d) A person shall not hold at any time more than one BPL issued in accordance with this
Annex.
(e) A licence holder shall submit applications as specified in paragraph (a) to the competent
authority designated by the Member State in which any of his or her licences was issued
in accordance with this Annex (Part-BFCL), Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011 or Annex III (Part-SFCL) to Commission Implementing
Regulation (EU) 2018/1976, as applicable.
(f) Without prejudice to (e), a BPL holder may request a change of competent authority.
Such a request shall include a transfer of all licensing and medical records related to all
licences held, as specified in paragraph (e), to the competent authority designated by
another Member State.
(g) An applicant shall apply for the issue of a BPL and associated ratings, privileges or
certificates not later than 6 months after having successfully completed the skill test or
assessment of competence.
BFCL.030 Practical skill test
Except for the skill test for the commercial operation rating as specified in point BFCL.215, an
applicant for a skill test shall be recommended for the test by the ATO or the DTO that is
responsible for the training, once the training is completed. The training records shall be made
available to the examiner.
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BFCL.035 Crediting of flight time
An applicant for a BPL or an associated privilege, rating or certificate shall be credited in full
with all solo, dual instruction or PIC flight time on balloons towards the total flight time
required for the licence, privilege, rating or certificate.
BFCL.045 Obligation to carry and present documents
(a) When exercising the privileges of his or her licence, the BPL holder shall carry:
(1) a valid BPL;
(2) a valid medical certificate;
(3) a personal identification document containing his or her photo; and
(4) sufficient logbook data to demonstrate compliance with the requirements of this
Annex.
(b) A student pilot shall carry on all solo flights:
(1) the documents as specified in paragraphs (a)(2) and (a)(3); and
(2) evidence of the authorisation required by point BFCL.125(a).
(c) A BPL holder or a student pilot shall without undue delay present the documents as
specified in paragraph (a) or (b) for inspection upon request by an authorised
representative of the competent authority.
BFCL.050 Recording of flight time
A balloon pilot shall keep a reliable record of the details of all flights flown in a form and
manner established by the competent authority.
BFCL.065 Curtailment of privileges of BPL holders aged 70 years or older in
commercial passenger ballooning
A BPL holder who has attained the age of 70 years shall not act as pilot of a balloon that is
engaged in commercial passenger ballooning.
BFCL.070 Limitation, suspension or revocation of licences, privileges, ratings and
certificates
(a) A BPL as well as associated privileges, ratings and certificates issued in accordance with
this Annex may be limited, suspended or revoked by the competent authority in
accordance with the conditions and procedures laid down in Annex VI (Part-ARA) to
Commission Regulation (EU) No 1178/2011 when a balloon pilot does not comply with
the essential requirements set out in Annex IV to Regulation (EU) 2018/1139 or with the
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requirements of this Annex as well as of Annex II (Part-BOP) to this Regulation or of
Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011.
(b) When a balloon pilot has his or her licence, privilege, rating or certificate limited,
suspended or revoked, he or she shall immediately return the licence or certificate to the
competent authority.
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SUBPART BPL
BALLOON PILOT LICENCE (BPL)
BFCL.115 BPL — Privileges and conditions
(a) The privileges of a BPL holder are to act as PIC in balloons:
(1) without remuneration in non-commercial operations; and
(2) in commercial operations when he or she holds a commercial operation rating in
accordance with point BFCL.215 of Subpart ADD of this Annex.
(b) By way of derogation from paragraph (a)(1), a BPL holder who has instructor or
examiner privileges may receive remuneration for:
(1) the provision of flight instruction for the BPL;
(2) the conduct of skill tests and proficiency checks for the BPL; and
(3) the training, testing and checking for the privileges, ratings and certificates attached
to a BPL.
(c) The exercise of the privileges granted by a BPL shall be dependent upon the compliance
of the licence holder with the applicable recency requirements and upon the validity of
the medical certificate appropriate to the privileges exercised.
BFCL.120 BPL — Minimum age
An applicant for a BPL shall be at least 16 years of age.
BFCL.125 BPL — Student pilot
(a) A student pilot shall not fly solo unless authorised to do so and supervised by a flight
instructor for balloons (FI(B)).
(b) Before his or her first solo flight, the student pilot shall be at least 14 years of age.
BFCL.130 BPL — Training course and experience requirements
An applicant for a BPL shall complete a training course at an ATO or a DTO. The course shall
be tailored to the privileges sought and shall include:
(a) theoretical knowledge as specified in point BFCL.135(a); and
(b) at least 16 hours of flight instruction in either hot-air balloons that represent group A of
that class, or gas balloons, including at least:
(1) 12 hours of dual flight instruction;
(2) 10 inflations and 20 take-offs and landings; and
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(3) 1 supervised solo flight with a flight time of at least 30 minutes.
BFCL.135 BPL — Theoretical knowledge examination
(a) Theoretical knowledge
An applicant for a BPL shall demonstrate a level of theoretical knowledge that is
appropriate to the privileges sought through examinations on the following:
(1) common subjects:
(i) air law;
(ii) human performance;
(iii) meteorology;
(iv) communications; and
(2) specific subjects concerning balloons:
(i) principles of flight;
(ii) operational procedures;
(iii) flight performance and planning;
(iv) aircraft general knowledge related to balloons; and
(v) navigation.
(b) Responsibilities of the applicant
(1) The applicant shall take the entire set of theoretical knowledge examinations for
the BPL under the responsibility of the same Member State’s competent authority.
(2) The applicant shall take the theoretical knowledge examination only when
recommended by the ATO or the DTO that is responsible for his or her training,
once he or she has completed the appropriate elements of the training course of
theoretical knowledge instruction to a satisfactory standard.
(3) The recommendation by the ATO or the DTO shall be valid for 12 months. If the
applicant has failed to take at least one theoretical knowledge examination paper
within this validity period, the need for further training shall be determined by the
ATO or the DTO, based on the needs of the applicant.
(c) Pass standards
(1) A pass in a theoretical knowledge examination paper shall be awarded to the
applicant when achieving at least 75 % of the marks allocated to that paper. No
penalty marking shall be applied.
(2) Unless otherwise specified in this Annex, an applicant is considered to have
successfully completed the required theoretical knowledge examination for the
BPL when he or she has passed all the required theoretical knowledge examination
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papers within a period of 18 months counted from the end of the calendar month
when the applicant first attempted to take the examination.
(3) If an applicant has failed to pass one of the theoretical knowledge examination
papers within four attempts or has failed to pass all papers within the period
mentioned in paragraph (2) above, he or she shall retake the complete set of
theoretical knowledge examination papers.
(4) Before retaking the theoretical knowledge examinations, the applicant shall
undertake further training at an ATO or a DTO. The extent and scope of the training
needed shall be determined by the ATO or the DTO, based on the needs of the
applicant.
(d) Validity period
The successful completion of the theoretical knowledge examination shall be valid for a
period of 24 months, counted from the day when the applicant successfully completed
the theoretical knowledge examination, in accordance with subparagraph (c)(2).
BFCL.140 BPL — Crediting of theoretical knowledge
An applicant for the issue of a BPL shall be credited towards the theoretical knowledge
requirements for the common subjects as specified in point BFCL.135(a)(1) when he or she:
(a) holds a licence in accordance with Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU)
2018/1976; or
(b) has passed the theoretical knowledge examinations for a licence as specified in
paragraph (a), as long as this is done within the validity period specified in point
BFCL.135(d).
BFCL.145 BPL — Practical skill test
(a) An applicant for a BPL shall demonstrate through the completion of a skill test the ability
to perform, as PIC on a balloon, the relevant procedures and manoeuvres with
competency appropriate to the privileges sought.
(b) An applicant shall complete the skill test in the same class of balloons in which the
training course has been completed in accordance with point BFCL.130 and, in case of
hot-air balloons, in a balloon that represents group A of that class.
(c) Before a skill test for the issue of a BPL is taken, the applicant shall have passed the
required theoretical knowledge examination.
(d) Pass standards
(1) The skill test shall be divided into different sections, representing all the different
phases of a balloon flight.
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(2) Failure in any item of a section shall cause the applicant to fail the entire section.
If the applicant fails in only one section, he or she shall repeat only that section.
Failure in more than one section shall require the applicant to retake the entire test.
(3) When the test needs to be retaken in accordance with subparagraph (d)(2), failure
in any section, including those sections that have been passed at a previous attempt,
shall require the applicant to retake the entire test.
(e) Failure to achieve a pass in all sections of the test within two attempts shall require the
applicant to receive further practical training.
BFCL.150 BPL — Extension of privileges to another balloon class or group
(a) The privileges of the BPL shall be limited to the class of balloon in which the skill test
as specified in point BFCL.145 was taken, and, in the case of hot-air balloons, to group A
of that class.
(b) In the case of hot-air balloons, the privileges of the BPL shall be extended to another
group within the hot-air balloon class upon application when a pilot has completed at
least:
(1) 2 instruction flights with an FI(B) on a balloon of the relevant group; and
(2) the following amount of hours of flight time as PIC on balloons:
(i) at least 100 hours, if privileges for group B balloons are sought;
(ii) at least 200 hours, if privileges for group C balloons are sought; and
(iii) at least 300 hours, if privileges for group D balloons are sought.
(c) Except for the mixed balloon class, the privileges of the BPL shall be extended to another
balloon class, or, if privileges for the hot-air balloon class are sought, to group A of the
hot-air balloon class, upon application when a pilot has completed in the relevant balloon
class and group, as applicable:
(1) a training course at an ATO or a DTO, including at least:
(i) 5 dual instructional flights; or
(ii) in the case of an extension from hot-air balloons to hot-air airships, 5 hours
of dual instruction time; and
(2) a skill test during which the pilot has demonstrated to the FE(B) also an adequate
level of theoretical knowledge for the other class in the following subjects:
(i) principles of flight;
(ii) operational procedures;
(iii) flight performance and planning; and
(iv) aircraft general knowledge with regard to the balloon class for which the
extension of privileges is sought.
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(d) The completion of the training as specified in paragraphs (b)(1) and (c)(1) shall be
entered in the logbook of the pilot and signed by:
(1) in the case of paragraph (b)(1), the instructor who is responsible for the instruction
flights; and
(2) in the case of paragraph (c)(1), the head of training of the ATO or of the DTO that
is responsible for the training.
(e) A BPL holder shall exercise his or her privileges in the mixed balloon class only if he or
she has privileges for both the hot-air balloon class and the gas balloon class.
BFCL.160 BPL — Recency requirements
(a) A BPL holder shall only exercise the privileges of his or her licence when he or she has
completed in the relevant balloon class:
(1) either:
(i) within the last 24 months, at least 6 hours of flight time as PIC, including
10 take-offs and landings, as PIC or flying dual or solo under the supervision
of an FI(B); and
(ii) within the last 48 months, at least 1 training flight with an FI(B); or
(2) within the last 24 months, a proficiency check in accordance with point (c).
(b) In addition, in the case of a pilot who is qualified to fly more than one class of balloons,
in order to exercise his or her privileges in the other balloon class or the other balloon
classes, he or she shall have completed at least 3 hours of flight time, as PIC or flying
dual or solo under the supervision of an FI(B), on each additional balloon class within
the last 24 months.
(c) A BPL holder who does not comply with the requirements in paragraph (a)(1) and, if
applicable, (b), before resuming the exercise of his or her privileges, shall, in a balloon
that represents the relevant class, pass a proficiency check with an FE(B).
(d) After complying with paragraph (a), (b) or (c), as applicable, a BPL holder with
privileges to fly hot-air balloons shall exercise his or her privileges only on hot-air
balloons that represent:
(i) the same group of hot-air balloons in which the training flight as specified in
paragraph (a)(2) or the proficiency check as specified in paragraph (c), as
applicable, have been completed, or a group with a smaller envelope size; or
(ii) group A of hot-air balloons in cases where a pilot, in accordance with paragraph
(b), has completed the training flight as specified in paragraph (a)(2) in a balloon
class other than hot-air balloons.
(e) The completion of the dual flights and flights under supervision as specified in
paragraphs (a)(1) and (b), the training flight as specified in paragraph (a)(2), and the
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proficiency check as specified in paragraph (c) shall be entered in the logbook of the pilot
and signed by, in the case of paragraphs (a)(1) and (a)(2), the responsible FI(B) and, in
the case of paragraph (c), the responsible FE(B).
(f) A BPL holder, including the privileges for commercial operations as specified in point
BFCL.215 of Subpart ADD of this Annex, shall be deemed to comply with the
requirements in:
(1) paragraph (a) and, if applicable, (b), in case he or she has completed a proficiency
check in accordance with point BFCL.215(d)(2)(i) in the relevant balloon class or
classes within the last 24 months; or
(2) paragraph (a)(2), in case he or she has completed the training flight as specified in
point BFCL.215(d)(2)(ii) in the relevant balloon class.
In the case of the hot-air balloon class, limitations as specified in paragraph (d) shall
apply, depending on the balloon class used for complying with paragraphs (f)(1) or (f)(2).
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SUBPART ADD
ADDITIONAL RATINGS
BFCL.200 Tethered hot-air balloon flight rating
(a) A BPL holder shall only undertake tethered flights with hot-air balloons when he or she
holds a tethered hot-air balloon flight rating in accordance with this point.
(b) An applicant for a tethered hot-air balloon flight rating shall have:
(1) privileges for the hot-air balloon class; and
(2) completed at least 2 tethered hot-air balloon instruction flights.
(c) The completion of the additional training shall be entered in the logbook and signed by
the FI(B) who is responsible for the training.
(d) A pilot who holds a tethered hot-air balloon flight rating shall only exercise his or her
privileges when he or she has completed at least 1 tethered hot-air balloon flight during
the last 48 months.
(e) When a pilot does not comply with the requirement in paragraph (d), he or she shall
perform the required hot-air balloon tethered flight, flying dual or solo under the
supervision of an FI(B), in order to fulfil the requirement in paragraph (d).
BFCL.210 Night rating
(a) A BPL holder shall only exercise the privileges of his or her licence in VFR conditions
at night when he or she holds a night rating in accordance with this point.
(b) An applicant for a night rating shall have completed at least 2 instruction flights at night
of at least 1 hour each.
(b) The completion of the training shall be entered in the logbook and signed by the FI(B)
who is responsible for the training.
BFCL.215 Commercial operation rating
(a) A BPL holder shall only exercise the privileges of his or her licence during commercial
operations with balloons when he or she holds a commercial operation rating in
accordance with this point.
(b) An applicant for a commercial operation rating shall:
(1) have attained the age of 18 years;
(2) have completed 50 hours of flight time and 50 take-offs and landings as PIC on
balloons;
(3) have the privileges for the class of balloon in which the privileges of the
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Annex IIb to EASA Opinion No 01/2019
commercial operation rating will be exercised; and
(4) have passed a skill test on the relevant class of balloon during which he or she shall
demonstrate to an FE(B) the competence required for commercial balloon
operations.
(c) The privileges of the commercial operation rating shall be limited to the class of balloon
in which the skill test in accordance with paragraph (b)(3) has been completed. The
privileges shall be extended upon application to another class of balloon when, in that
other class, the applicant complies with paragraph (b)(3) and (b)(4).
(d) A pilot who holds a commercial operation rating shall exercise the privileges of that
rating in commercial passenger ballooning only when he or she has completed:
(1) within the preceding 180 days:
(i) at least 3 flights as PIC in balloons, of which at least 1 shall be in a balloon
of the relevant class; or
(ii) 1 flight as PIC in a balloon of the relevant class under the supervision of an
FI(B) who is qualified in accordance with this point; and
(2) within the preceding 24 months:
(i) a proficiency check, in a balloon of the relevant class, during which he or she
shall demonstrate to an FE(B) the competence required for commercial
passenger ballooning; or
(ii) a refresher course at an ATO or a DTO, tailored to the competence required
for commercial balloon operations, including at least 6 hours of theoretical
knowledge instruction and 1 training flight in a balloon of the relevant class
with an FI(B) who is qualified for commercial balloon operations in
accordance with this point.
(e) When complying with paragraph (d), a pilot who holds a commercial operation rating
with privileges extended to more than one class of balloons may comply with the
requirements in paragraph (d)(2) in one class of balloons for maintaining the privileges
of the commercial operation rating for all other balloon classes.
(f) After complying with paragraph (d), a pilot who holds a commercial operation rating for
the hot-air balloon class shall exercise the privileges of that rating in the hot-air balloon
class only on balloons that represent:
(i) the same group of the hot-air balloon in which the proficiency check as specified
in paragraph (d)(2)(i) or the training flight as specified in paragraph (d)(2)(ii), as
applicable, have been completed; or
(ii) a hot-air balloon group with a smaller envelope size.
(g) The completion of the flight under supervision as specified in paragraph (d)(1)(ii), the
proficiency check as specified in paragraph (d)(2)(i), and the refresher training course as
specified in paragraph (d)(2)(ii) shall be entered in the logbook of the pilot and shall be
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signed by the head of training of the ATO or the DTO, the FI(B) or the FE(B) that is
responsible for the training course, the supervision or the proficiency check, as
applicable.
(h) A pilot who has completed an operator proficiency check in accordance with point
BOP.ADD.315 of Annex II (Part-BOP) to this Regulation shall be deemed to comply
with paragraph (d)(2)(i).
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Annex IIb to EASA Opinion No 01/2019
SUBPART FI
FLIGHT INSTRUCTORS
Section 1
General requirements
BFCL.300 Flight instructor certificates
(a) General
An instructor shall only carry out flight instruction in a balloon when he or she:
(1) holds:
(i) a BPL including the privileges, ratings and certificates for which flight
instruction is to be provided; and
(ii) a balloon flight instructor (FI(B)) certificate appropriate to the instruction
carried out, and issued in accordance with this Subpart; and
(2) is entitled to act as PIC in the balloon during flight instruction.
(b) Instruction provided outside the territory of the Member States
(1) By way of derogation from subparagraph (a)(1), in the case of flight instruction
provided during a training course approved in accordance with this Annex (Part-
BFCL) outside the territory for which Member States are responsible under the
Chicago Convention, the competent authority shall issue a flight instructor
certificate to an applicant who holds a balloon pilot licence that is compliant with
Annex 1 to the Chicago Convention, provided that the applicant:
(i) holds at least a licence including, where relevant, privileges, ratings or
certificates equivalent to those for which he or she is authorised to instruct;
(i) complies with the requirements established in this Subpart for the issue of
the FI(B) certificate with the relevant instructional privileges; and
(iii) demonstrates to the competent authority an adequate level of knowledge of
European aviation safety rules to be able to exercise his or her instructional
privileges in accordance with this Annex.
(2) The certificate shall be limited to the provision of approved flight instruction:
(i) outside the territory for which Member States are responsible under the
Chicago Convention; and
(ii) to a student pilot who has sufficient knowledge of the language in which
flight instruction is provided.
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Annex IIb to EASA Opinion No 01/2019
Section 2
Flight instructor certificate for balloons — FI(B)
BFCL.315 FI(B) certificate — Privileges and conditions
(a) Subject to compliance of the applicant with point BFCL.320 and with the following
conditions, an FI(B) certificate shall be issued upon application with privileges to
conduct flight instruction for:
(1) a BPL;
(2) the extension of privileges to further classes and groups of balloons provided that
the applicant has completed at least 15 hours of flight time as PIC in each relevant
class;
(3) night rating;
(4) tethered flight rating; and
(5) an FI(B) certificate, provided that the applicant has:
(i) completed at least 50 hours of flight instruction on balloons; and
(ii) in accordance with the procedures established for that purpose by the
competent authority, conducted at least 1 hour of flight instruction for the
FI(B) certificate under the supervision and to the satisfaction of an FI(B) who
is qualified in accordance with this subparagraph and nominated by the head
of training of the ATO or the DTO.
(b) The privileges listed in paragraph (a) shall include the privileges to conduct flight
instruction for:
(1) the issue of the relevant licence, privileges, ratings or certificate; and
(2) the revalidation, renewal or compliance with the relevant recency requirements of
this Annex, as applicable.
BFCL.320 FI(B) — Prerequisites and requirements
An applicant for an FI(B) certificate shall:
(a) be at least 18 years of age;
(b) comply with the requirements of subparagraphs (a)(1)(i) and (a)(2) of point
BFCL.300;
(c) have completed 75 hours of balloon flight time as PIC;
(d) have completed an instructor training course in accordance with point BFCL.330
at an ATO or a DTO; and
(e) have passed an assessment of competence in accordance with point BFCL.345.
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BFCL.325 FI(B) competencies and assessment
An applicant for an FI(B) certificate shall be trained to achieve the following competencies:
(a) prepare resources;
(b) create a climate conducive to learning;
(c) present knowledge;
(d) integrate threat and error management (TEM) and crew resource management (CRM);
(e) manage time to achieve training objectives;
(f) facilitate learning;
(g) assess trainee performance;
(h) monitor and review progress;
(i) evaluate training sessions; and
(j) report outcome.
BFCL.330 FI(B) — Training course
(a) An applicant for an FI(B) certificate shall have passed a specific pre-entry assessment at
an ATO or a DTO within the 12 months preceding the start of the course, to assess his or
her ability to take the course.
(b) The FI(B) training course shall include at least:
(1) the elements specified in point BFCL.325;
(2) 25 hours of teaching and learning;
(3) 12 hours of theoretical knowledge instruction, including progress tests; and
(4) at least 3 hours of flight instruction, including 3 take-offs and landings.
(c) An applicant who already holds an instructor certificate in accordance with Annex III
(Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 or with Annex I
(Part-FCL) to Commission Regulation (EU) No 1178/2011 shall receive full credit for
the requirement in paragraph (b)(2).
BFCL.345 FI(B) — Assessment of competence
(a) An applicant for the issue of an FI(B) certificate shall pass an assessment of competence
on a balloon to demonstrate to an examiner who is qualified in accordance with point
BFCL.415(c) the ability to instruct a student pilot to the level required for the issue of a
BPL.
(b) The assessment shall include:
(1) the demonstration of the competencies described in point BFCL.325 during pre-
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flight, post-flight and theoretical knowledge instruction;
(2) oral theoretical examinations on the ground, pre-flight and post-flight briefings,
and in-flight demonstrations in the appropriate balloon class;
(3) exercises adequate to evaluate the instructor’s competencies.
BFCL.360 FI(B) certificate — Recency requirements
(a) An FI(B) certificate holder shall only exercise the privileges of his or her certificate when
he or she has completed:
(1) within the last 3 years:
(i) instructor refresher training at an ATO, a DTO, or a competent authority
during which the holder shall receive theoretical knowledge instruction for
refreshing and updating the knowledge relevant for balloon instructors;
(ii) at least 6 hours of flight instruction in balloons as FI(B); and
(2) within the last 9 years and in accordance with the procedures established for that
purpose by the competent authority, 1 instruction flight on a balloon as FI(B) under
the supervision and to the satisfaction of an FI(B) who is qualified in accordance
with point BFCL.315(a)(5) and nominated by the head of training of an ATO or a
DTO.
(b) The hours flown as an FE(B) during skill tests, proficiency checks or assessments of
competence shall be credited in full towards the requirement in paragraph (a)(1)(ii).
(c) When the FI(B) certificate holder has failed to complete the instruction flight under
supervision to the satisfaction of the FI(B) in accordance with paragraph (a)(2), he or she
shall not exercise the privileges of the FI(B) certificate until he or she has successfully
completed an assessment of competence in accordance with point BFCL.345.
(d) An FI(B) certificate holder who does not comply with the requirements in paragraph (a)
shall comply with the requirements of paragraph (a)(1)(i) and of point BFCL.345 before
he or she can resume to exercise the privileges of the FI(B) certificate.
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Annex IIb to EASA Opinion No 01/2019
SUBPART FE
FLIGHT EXAMINERS
Section 1
General requirements
BFCL.400 Balloon flight examiner certificates
(a) General
An examiner shall only carry out skill tests, proficiency checks or assessments of
competence in accordance with this Annex when he or she:
(1) holds:
(i) a BPL including privileges, ratings and certificates for which he or she is
authorised to conduct skill tests, proficiency checks or assessments of
competence, and the privileges to instruct for them;
(ii) holds an FE(B) certificate including privileges appropriate to the skill test,
proficiency check or assessment of competence conducted, issued in
accordance with this Subpart; and
(2) is entitled to act as PIC in a balloon during the skill test, proficiency check or
assessment of competence.
(b) Examinations conducted outside the territory of the Member States
(1) By way of derogation from paragraph (a)(1), in the case of skill tests and
proficiency checks performed outside the territory for which Member States are
responsible under the Chicago Convention, a competent authority shall issue an
examiner certificate to an applicant who holds a balloon pilot licence that is
compliant with Annex 1 to the Chicago Convention, provided that the applicant:
(i) holds at least a licence including, where relevant, privileges, ratings, or
certificates equivalent to those for which he or she is authorised to conduct
skill tests or proficiency checks;
(ii) complies with the requirements established in this Subpart for the issue of
the relevant examiner certificate; and
(iii) demonstrates to the competent authority an adequate level of knowledge of
European aviation safety rules to be able to exercise examiner privileges in
accordance with this Annex.
(2) The certificate referred to in subparagraph (1) shall be limited to performing skill
tests and proficiency checks:
(i) outside the territory for which Member States are responsible under the
Chicago Convention; and
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(ii) to a pilot who has sufficient knowledge of the language in which the
test/check is provided.
BFCL.405 Limitation of privileges in case of vested interests
A balloon examiner shall not conduct:
(a) a skill test or assessment of competence of an applicant for the issue of a licence, rating
or certificate to whom he or she has provided more than 50 % of the required flight
instruction for the licence, rating or certificate for which the skill test or assessment of
competence is taken; or
(b) a skill test, proficiency check or assessment of competence whenever he or she feels that
his or her objectivity may be affected.
BFCL.410 Conduct of skill tests, proficiency checks and assessments of competence
(a) When conducting skill tests, proficiency checks and assessments of competence, a
balloon examiner shall do all of the following:
(1) ensure that communication with the applicant can be established without language
barriers;
(2) verify that the applicant complies with all the qualification, training and experience
requirements of this Annex for the issue, revalidation or renewal of the licence,
privileges, rating or certificate for which the skill test, proficiency check or
assessment of competence is taken; and
(3) make the applicant aware of the consequences of providing incomplete, inaccurate
or false information related to his or her training and flight experience.
(b) After completion of the skill test, proficiency check or assessment of competence, the
balloon examiner shall:
(1) inform the applicant of the results of the skill test, proficiency check or assessment
of competence;
(2) in the event of a pass in an assessment of competence for the revalidation or
renewal, endorse the new expiry date on the applicant’s licence or certificate, if
specifically authorised for that purpose by the competent authority that is
responsible for the applicant’s licence;
(3) provide the applicant with a signed report of the skill test, proficiency check or
assessment of competence and submit without undue delay copies of the report to
the competent authority that is responsible for the applicant’s licence, and to the
competent authority that issued the examiner certificate. The report shall include:
(i) a declaration that the balloon examiner has received information from the
applicant regarding his or her experience and instruction, and found that
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experience and instruction comply with the applicable requirements of this
Annex;
(ii) confirmation that all the required manoeuvres and exercises have been
completed, as well as information on the verbal theoretical knowledge
examination, when applicable. If an item has been failed, the examiner shall
record the reasons for this assessment;
(iii) the results of the skill test, proficiency check or assessment of competence;
(iv) a declaration that the balloon examiner has reviewed and applied the national
procedures and requirements of the applicant’s competent authority if the
competent authority that is responsible for the applicant’s licence is not the
one that issued the examiner’s certificate;
(v) a copy of the balloon examiner certificate containing the scope of his or her
privileges as balloon examiner in the case of skill tests, proficiency checks
or assessments of competence of an applicant whose competent authority is
not the one that issued the examiner’s certificate.
(c) The balloon examiner shall maintain the records for 5 years with details of all skill tests,
proficiency checks and assessments of competence performed and their results.
(d) Upon request by the competent authority that is responsible for the balloon examiner
certificate, or the competent authority that is responsible for the applicant’s licence, the
balloon examiner shall submit all records and reports, and any other information, as
required, for oversight activities.
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Section 2
Flight examiner certificate for balloons — FE(B)
BFCL.415 FE(B) certificate — Privileges and conditions
Subject to compliance of the applicant with point BFCL.420 and with the following conditions,
an FE(B) certificate shall be issued upon application with privileges to conduct:
(a) skill tests and proficiency checks for the BPL and skill tests for the extension of the
privileges to another balloon class, provided that the applicant has completed 250 hours
of flight time as pilot on balloons, including 50 hours of flight instruction covering the
full syllabus of a BPL training course;
(b) skill tests and proficiency checks for the commercial operation rating as specified in point
BFCL.215, provided that the applicant complies with the experience requirements set out
in paragraph (a) and has received specific training during an examiner standardisation
course in accordance with point BFCL.430; and
(c) assessments of competence for the issue of an FI(B) certificate, provided that the
applicant has:
(1) completed 350 hours of flight time as pilot on balloons, including 5 hours of
instruction to an applicant for the FI(B) certificate; and
(2) received specific training during an examiner standardisation course in accordance
with point BFCL.430.
BFCL.420 FE(B) certificate — Prerequisites and requirements
An applicant for an FE(B) certificate shall:
(a) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point BFCL.400;
(b) have completed the FE(B) standardisation course in accordance with point BFCL.430;
(c) have completed an assessment of competence in accordance with point BFCL.445;
(d) demonstrate relevant background related to the privileges of the FE(B) certificate; and
(e) demonstrate that he or she has not been subject to any sanctions, including the
suspension, limitation or revocation of any of his or her licences, ratings or certificates
issued in accordance with this Annex, with Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011, or with Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976, for non-compliance with Regulation (EU)
2018/1139 and its delegated and implementing acts during the last
3 years.
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BFCL.430 FE(B) certificate — Standardisation course
(a) An applicant for an FE(B) certificate shall take a standardisation course which is
provided either by the competent authority or by an ATO or a DTO and approved by that
competent authority.
(b) The standardisation course shall be tailored to the balloon flight examiner privileges
sought and shall consist of theoretical and practical instruction, including, at least:
(1) the conduct of at least 1 skill test, proficiency check or assessment of competence
for the BPL or associated ratings or certificates;
(2) instruction on the applicable requirements of this Annex and the applicable air
operations requirements, the conduct of skill tests, proficiency checks and
assessments of competence, and their documentation and reporting;
(3) a briefing on the following:
(i) national administrative procedures;
(ii) requirements for the protection of personal data;
(iii) examiner’s liability;
(iv) examiner’s accident insurance;
(v) national fees; and
(vi) information on how to access the information contained in points (i) to (v)
when conducting skill tests, proficiency checks or assessments of
competence of an applicant whose competent authority is not the one that
issued the examiner certificate.
(c) An FE(B) certificate holder shall not conduct skill tests, proficiency checks or
assessments of competence of an applicant whose competent authority is not the one that
issued the examiner certificate, unless he or she has reviewed the latest available
information containing the relevant national procedures of the applicant’s competent
authority.
BFCL.445 FE(B) certificate — Assessment of competence
An applicant for the initial issue of an FE(B) certificate shall demonstrate his or her competence
to an inspector from the competent authority or to a senior examiner specifically authorised to
do so by the competent authority that is responsible for the FE(B) certificate. During the
assessment of competence, the applicant shall conduct a skill test, proficiency check or
assessment of competence, including briefing, conduct of the skill test, proficiency check or
assessment of competence, and assessment of the person to whom the test, check or assessment
is given, debriefing and recording documentation.
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BFCL.460 FE(B) certificate — Validity, revalidation and renewal
(a) An FE(B) certificate shall be valid for 5 years.
(b) An FE(B) certificate shall be revalidated when its holder has:
(1) during the validity period of the FE(B) certificate, completed an examiner refresher
course which is provided either by the competent authority or by an ATO or a DTO
and approved by that competent authority, during which the holder shall receive
theoretical knowledge instruction for refreshing and updating the knowledge
relevant for balloon examiners; and
(2) within the last 24 months preceding the end of the validity period of the certificate,
conducted one skill test, proficiency check or assessment of competence under the
supervision and to the satisfaction of an inspector from the competent authority or
an examiner specifically authorised to do so by the competent authority that is
responsible for the FE(B) certificate.
(c) An FE(B) certificate holder who also holds one or more examiner certificates for other
aircraft categories in accordance with Annex I (Part-FCL) to Commission Regulation
(EU) No 1178/2011 or with Annex III (Part-SFCL) to Commission Implementing
Regulation (EU) 2018/1976 may achieve combined revalidation of all examiner
certificates held, in agreement with the competent authority.
(d) If an FE(B) certificate has expired, its holder shall comply with the requirements of
paragraph (b)(1) and of point BFCL.445 before he or she can resume the exercise of the
privileges of the FE(B) certificate.
(e) An FE(B) certificate shall only be revalidated or renewed if the applicant demonstrates
continued compliance with the requirements of point BFCL.410 as well as with the
requirements of point BFCL.420(d) and (e).
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Opinion No 01/2019
Overview of major changes to Opinion documents
after 15 & 16 April 2019
06 May 2019 Author/Focal Point of EASA: Christian Kucher
Opinion No 01/2019
Document Ia
Article 4c: Transitional provisions for EIR holders (transitional period of 1 year with
hard end)
Document Ib
FCL.035(b)(2)(iii): Credit valid only for subject communication
FCL.620: new paragraph (c) to clarify that a ME IR skill test includes SE IR privileges
FCL.835(c)(2)(ii)(C): Training for core flying skills, arrivals and departures as well as
multi-engine can commence outside ATO, to be completed at ATO (AMC to further
explain)
FCL.835(g)(6): BIR expired for more than 3 years: Renewal at ATO
FCL.940.FI: No alleviated revalidation arrangements for sole BIR instructional
privileges (5 out of 50 instead 10 out of 50 hrs)
FCL.1005.FE: No BIR testing privileges for the pure FE
Part-FCL Appendix 1: Full revision in order to anticipate upcoming changes (deletions)
in the context of Part-BFCL/SFCL and to include the new aeroplane/helicopter-related
‘common’ subject ‘navigation’.
Part-FCL Appendix 3: BIR holders will also receive the credits that are currently
foreseen for holders of a course completion certificate for the Basic Instrument Flight
module.
Part-FCL Appendix 6: BIR holders will also receive the credits that are currently
foreseen for holders of a course completion certificate for the Basic Instrument Flight
module.
ARA.FCL.200: New paragraph (e) on competent authority’s procedures for FI
instructor training flight & FI recency training flight under supervision, as foreseen in
Part-BFCL and Part-SFCL.
Document IIa
Article 3(c)(1): Second sentence added (transitional provision for BPL training on
balloons other than hot-air balloons group A).
Document IIb
BFCL.315(a)(5)(ii) – extension of FI privileges to FI instruction: completion of 1 hour
training flight under supervision in accordance with procedures established by the
competent authority.
Page 1 of 2
Opinion No 01/2019
Overview of major changes to Opinion documents
after 15 & 16 April 2019
06 May 2019 Author/Focal Point of EASA: Christian Kucher
BFCL.360(a)(2): FI recency (9-year-intervall): completion of 1 hour training flight under
supervision in accordance with procedures established by the competent authority.
BFCL.360(c) (reference to Opinion version) – combined FI/FE revalidation: Deleted
Document IIIb
SFCL.115(a)(2)(ii)(A): Experience requirements for carrying passengers: The training
flight with an FI(S) is not included in the 10 hours / 30 launches, it is an additional
requirement.
SFCL.130(a)(2)(iv)(B): The cross-country flight during initial (non-TMG) SPL training
can take place on a TMG, provided that this cross-country flight is conducted as dual
flight with the instructor.
SFCL.315(a)(7)(ii) – extension of FI privileges to FI instruction: completion of 1 hour
training flight under supervision in accordance with procedures established by the
competent authority.
SFCL.360(a)(2): FI recency (9-year-intervall): completion of 1 hour training flight under
supervision in accordance with procedures established by the competent authority.
SFCL.360(c) (reference to Opinion version) – combined FI/FE revalidation: Deleted
Page 2 of 2
Annex Ib to EASA Opinion No 01/2019
Draft Annex I, II, III, IV, V and VI
to draft Commission Implementing Regulation (EU) …/…
amending 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
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Annex Ib to EASA Opinion No 01/2019
ANNEX I
Amendments to Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011
(1) Point FCL.010 is amended as follows:
(a) the definition of ‘airship’ is replaced by the following:
‘“Airship” means a power-driven lighter-than-air aircraft, with the exception of hot-air
airships, which are considered to be balloons as per Article 2(7) of Commission Regulation
(EU) 2018/395.’;
(b) the definition of ‘flight time’ is replaced by the following:
‘“Flight time”:
for aeroplanes, touring motor gliders and powered-lift aircraft, it means the total time
from the moment an aircraft first moves for the purpose of taking off until the moment
it finally comes to rest at the end of the flight;
for helicopters, it means the total time from the moment a helicopter’s rotor blades start
turning until the moment the helicopter finally comes to rest at the end of the flight, and
the rotor blades are stopped;
for airships, it means the total time from the moment an airship is released from the mast
for the purpose of taking off until the moment the airship finally comes to rest at the end
of the flight, and is secured on the mast’;
(c) the definition of ‘powered sailplane’ is replaced by the following:
‘“Powered sailplane” means a sailplane equipped with one or more engines that has, with
engines inoperative, the characteristics of a sailplane.’;
(d) the definition of ‘touring motor glider’ is replaced by the following:
‘“Touring motor glider (TMG)” means, unless otherwise specified in accordance with
Annex I (Part 21) to Regulation (EU) No 748/2012, a specific class of powered sailplanes
that has an integrally mounted, non-retractable engine and a non-retractable propeller. It
shall be capable of taking off and climbing under its engine power according to its flight
manual.’;
(e) the following definitions are inserted:
(i) ‘“En route IFR flight” means the phase of an IFR flight that commences after the
completion of an IFR departure procedure and finishes when commencing an IFR
approach procedure.’; and
(ii) ‘“Limited panel instrument flight” means attitude interpretation by reference to
pressure instruments, turn rate gyro and slip indicator.’;
(f) the following definitions are deleted:
‘Class of balloon’ and
‘Group of balloon’;
(2) point FCL.015 in amended as follows:
(a) paragraph (a) is replaced by the following:
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Annex Ib to EASA Opinion No 01/2019
‘(a) An application for the issue, revalidation or renewal of pilot licences and associated
ratings and certificates as well as any amendment thereto shall be submitted to the
competent authority in a form and manner established by this authority. The
application shall be accompanied by evidence that applicants comply with the
requirements for the issue, revalidation or renewal of the licence or certificate as well
as associated ratings or endorsements, established in this Annex (Part-FCL) and in
Annex IV (Part-MED).’;
(b) paragraph (b) is replaced by the following:
‘(b) Unless otherwise specified in this Part, any limitation or extension of the privileges
granted by a licence, rating or certificate shall be endorsed in the licence or certificate
by the competent authority.’;
(c) paragraph (d) is replaced by the following:
‘(d) A licence holder shall submit applications as specified in paragraph (a) to the
competent authority designated by the Member State in which his or her licence in
accordance with this Annex (Part-FCL), Annex III (Part-BFCL) to Commission
Regulation (EU) 2018/395, or with Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976, as applicable, was issued.
(d) new paragraphs (e) and (f) and added as follows:
‘(e) Without prejudice to paragraph (d), the holder of a licence that has been issued in
accordance with this Annex (Part-FCL) may request a change of competent authority.
Such a request shall include a transfer of all licensing and medical records related to
all licences held by that person, as specified in paragraph (d), to the competent
authority designated by another Member State.
(f) The applicant for the issue of a licence, rating or certificate shall apply not later than
6 months after having succeeded at the skill test or assessment of competence.’;
(3) in point FCL.020, paragraph (b) is replaced by the following:
‘(b) Before his or her first solo flight, a student pilot shall be at least 16 years of age.’;
(4) point FCL.025(c)(1) is amended as follows:
(a) paragraph (i) is replaced by the following:
‘(i) for the issue of a light aircraft pilot licence or a private pilot licence, for a period
of 24 months;’;
(b) paragraphs (ii) and (iii), including the closing phrase, are replaced by the following:
‘(ii) for the issue of a commercial pilot licence or instrument rating (IR), for a period
of 36 months;
(iii) for the issue of a basic instrument rating (BIR), for an unlimited duration.
The periods in paragraphs (i) and (ii) shall be counted from the day on which the
pilots successfully complete the theoretical knowledge examination, in accordance
with paragraph (b)(2).’;
(5) in point FCL.035, paragraph (b) is replaced by the following:
‘(b) Crediting of theoretical knowledge
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(1) An applicant that has passed the theoretical knowledge examination for an airline
transport pilot licence shall be credited with the theoretical knowledge requirements
for the light aircraft pilot licence, the private pilot licence, the commercial pilot
licence and, except in the case of helicopters, the IR and the BIR in the same category
of aircraft.
(2) An applicant that has passed the theoretical knowledge examination for a commercial
pilot licence shall be credited with the theoretical knowledge requirement for:
(i) the light aircraft pilot licence in the same category of aircraft;
(ii) the private pilot licence in the same category of aircraft; and
(iii) the theoretical knowledge examination for the BIR. This credit shall include the
IFR part of the subject ‘communications’ only if the subject ‘communications’
was completed in accordance with point FCL.310, as amended by Commission
Implementing Regulation (EU) 2018/1974.
(3) The holder of an IR or an applicant that has passed the IR theoretical knowledge
examination for a category of aircraft shall be fully credited towards the requirements
for the theoretical knowledge instruction and examination for:
(i) the IR in another category of aircraft; and
(ii) the BIR.
(4) The holder of a pilot licence shall be credited towards the requirements for theoretical
knowledge instruction and examination for a licence in another category of aircraft
in accordance with Appendix 1 to this Part.
(5) By way of derogation from paragraph (b)(3), the holder of an IR(A) who has
completed a competency-based modular IR(A) course shall only be credited in full
towards the requirements for theoretical knowledge instruction and examination for
an IR in another category of aircraft when the holder has also passed the theoretical
knowledge instruction and examination for the IFR part of the course required in
accordance with FCL.720.A(b)(2)(i).
This credit also applies to applicants for a pilot licence who have already successfully
completed the theoretical knowledge examinations for the issue of that licence in another
category of aircraft, as long as it is within the validity period specified in FCL.025(c).’;
(6) point FCL.055 is amended as follows:
(a) in paragraph (d), the introductory sentence is replaced by the following:
‘(d) Specific requirements for holders of an instrument rating (IR). By way of derogation
from the paragraphs above, holders of an IR shall have demonstrated the ability to
use the English language at a level which allows them to:’;
(b) paragraph (e) is replaced by the following:
‘(e) The demonstration of language proficiency and the use of English for IR holders shall
be done through a method of assessment that is established by any competent
authority.’;
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(7) point FCL.060 is amended as follows:
(a) paragraph (a) is deleted;
(b) in paragraph (b), the introductory sentence is replaced by the following:
‘(b) Aeroplanes, helicopters, powered-lift aircraft and airships. A pilot shall not operate
an aircraft in commercial air transport or to carry passengers:’;
(8) point FCL.065 is amended as follows:
(a) paragraph (b) is replaced by the following:
‘(b) Age 65. The holder of a pilot licence who has attained the age of 65 years shall not
act as a pilot of an aircraft that is engaged in commercial air transport.’;
(b) paragraph (c) is deleted;
(9) point FCL.100 is replaced by the following:
‘FCL.100 LAPL — Minimum age
Applicants for the LAPL for aeroplanes or helicopters shall be at least 17 years of age.’;
(10) in point FCL.110.A, paragraph (b) is replaced by the following:
‘(b) Specific requirements for applicants who hold an SPL issued in accordance with Annex III
(Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including
privileges to fly TMGs. Applicants for an LAPL(A) who hold an SPL with the privileges
to fly TMGs shall have completed at least 21 hours of flight time on TMGs after the
endorsement of the TMG privileges and complied with the requirements of FCL.135.A(a)
on aeroplanes.’;
(11) in point FCL.135.A, the following paragraph (c) is added:
‘(c) An applicant for the extension of privileges of the LAPL(A) to TMG who also holds an
SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation
(EU) 2018/1976, including the privileges to fly on TMGs, shall receive full credits towards
the requirements in paragraph (a).’;
(12) Sections 4 and 5 of Subpart B are deleted;
(13) the title of Subpart C is amended as follows:
‘PRIVATE PILOT LICENCE (PPL)’;
(14) point FCL.200 is replaced by the following:
‘FCL.200 Minimum age
An applicant for a PPL shall be at least 17 years of age.’;
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(15) point FCL.210 is replaced by the following:
‘FCL.210 Training course
Applicants for a PPL shall complete a training course at an ATO or a DTO. The course shall
include theoretical knowledge and flight instruction appropriate to the privileges granted.’;
(16) in point FCL.215, the introductory sentence is replaced by the following:
‘Applicants for a PPL shall demonstrate a level of theoretical knowledge appropriate to the
privileges granted through examinations in the following subjects:’;
(17) point FCL.235 is amended as follows:
(a) paragraph (a) is replaced by the following:
‘(a) Applicants for a PPL shall demonstrate through the completion of a skill test the
ability to perform, as PIC on the appropriate aircraft category, the relevant procedures
and manoeuvres with the competency appropriate to the privileges granted.’;
(b) paragraph (b) is replaced by the following:
‘(b) An applicant for the skill test shall have received flight instruction on the same class
or type of aircraft to be used for the skill test.’;
(18) in point FCL.210.A, paragraph (c) is amended as follows:
(a) the introductory sentence is replaced by the following:
‘(c) Specific requirements for applicants who hold an SPL issued in accordance with
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976,
including privileges to fly TMGs. Applicants for a PPL(A) who hold an SPL with the
privileges to fly TMGs shall have completed:’;
(b) subparagraph (1) is replaced by the following:
‘(1) at least 24 hours of flight time on TMGs after endorsement of the TMG privileges;
and’;
(19) in point FCL.210.As, paragraph (b) is replaced by the following:
‘(b) Applicants who hold a BPL issued in accordance with Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395 and are qualified to fly hot-air airships shall be
credited with 10 % of their total flight time as PIC on such airships up to a maximum of
5 hours.’;
(20) in Subpart C, Sections 5 and 6 are deleted;
(21) point FCL.600 is replaced by the following:
‘FCL.600 IR — General
Except as provided in FCL.835, operations under IFR on an aeroplane, helicopter, airship or
powered-lift aircraft shall only be conducted by holders of a PPL, CPL, MPL and ATPL with an
IR appropriate to the category of aircraft or when undergoing skill testing or dual instruction.’;
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(22) in point FCL.700, paragraph (a) is replaced by the following:
‘(a) Holders of a pilot licence shall not act in any capacity as pilots of an aircraft unless they
have a valid and appropriate class or type rating, except in any of the following cases:
(1) for LAPL;
(2) when they take skill tests or proficiency checks for renewal of class or type ratings;
(3) when they receive flight instruction; and
(4) when they hold a flight test rating issued in accordance with point FCL.820.’;
(23) in point FCL.725, the following paragraph (f) is added:
‘(f) An applicant for a class rating for TMGs who also holds an SPL in accordance with
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976,
including the privileges to fly on TMGs, shall receive full credits towards the requirements
in paragraphs (a), (b) and (c).’;
(24) point FCL.740.A is amended as follows:
(a) paragraph (a)(4) is replaced by the following:
‘(4) The revalidation of a BIR or an IR(A), if held, may be combined with a proficiency
check for the revalidation of a class or type rating.’
(b) paragraph (b)(1) is replaced by the following:
‘(1) Single-engine piston aeroplane class ratings and TMG class ratings. For the
revalidation of single-pilot single-engine piston aeroplane class ratings or TMG class
ratings, the applicant shall:’;
(c) a new paragraph (b)(5) is added:
‘(5) The proficiency check for the revalidation of a single-pilot single-engine aeroplane
class rating may be combined with the proficiency check for the revalidation of a
BIR, in accordance with FCL.835(g)(8).’;
(25) point FCL.800 is amended as follows:
(a) paragraph (a) is replaced by the following:
‘(a) Holders of a pilot licence with privileges to fly aeroplanes or TMGs shall only
undertake aerobatic flights when they hold an aerobatic rating in accordance with this
point.’;
(b) paragraph (b)(1) is replaced by the following:
‘(1) after the issue of the licence, at least 30 hours of flight time as PIC in aeroplanes
or TMGs;’;
(c) paragraph (b)(2)(ii) is replaced by the following:
‘(ii) at least 5 hours of aerobatic instruction in aeroplanes or TMGs flown with
engine power.’;
(d) paragraph (c) is replaced by the following:
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‘(c) The privileges of the aerobatic rating shall be limited to aerobatic flight in either
aeroplanes or TMGs flown with engine power, depending on which aircraft the
requirements of (b)(1) and (b)(2)(ii) were complied with. This limitation shall be
lifted upon application when a pilot has successfully completed at least 3 dual training
flights in aeroplanes or TMGs flown with engine power, as applicable, covering the
full aerobatic training syllabus.’;
(e) paragraph (d) is added as follows:
‘(d) Applicants for an aerobatic rating who also hold a TMG class rating as well as
advanced aerobatic privileges for sailplanes with privileges as specified in point
SFCL.200(d) of Annex III (Part-SFCL) to Commission Implementing Regulation
(EU) 2018/1976 shall:
(1) after having complied with the requirements of (b)(1) and (b)(2)(ii) in
aeroplanes, be exempted from getting their aerobatic rating limited to
aeroplanes, as specified in paragraph (c); or
(2) receive full credit towards the requirements in paragraph (b) for the issue of an
aerobatic rating restricted to TMGs flown with engine power. This limitation
shall be lifted upon application when a pilot has completed the training as
specified in paragraph (c).’;
(26) point FCL.805 is amended as follows:
(a) paragraph (b)(2)(iii) is replaced by the following:
‘(iii) except for holders of an SPL in accordance with Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976, 5 familiarisation flights in a
sailplane which is launched by an aircraft.’;
(b) paragraph (g) is added:
‘(g) Applicants for a sailplane towing or banner towing rating on TMGs in accordance
with this point shall receive full credit towards the requirements of paragraph (b) or
(c), as applicable, when they hold a sailplane towing or banner towing rating in
accordance with point SFCL.205 of Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976, as applicable, or when they have fulfilled
all the requirements for the issue of that rating.’;
(27) point FCL.810 is amended as follows:
(a) paragraph (a)(1) is replaced by the following:
‘(1) If the privileges of an LAPL or a PPL for aeroplanes, TMGs or airships are to be
exercised in VFR conditions at night, applicants shall have completed a training
course at a DTO or at an ATO. The course shall comprise:’;
(b) paragraph (a)(4) is added:
‘(4) Applicants for a night rating for aeroplanes or TMGs in accordance with this
subparagraph shall receive full credit towards the requirements of subparagraphs (1)
and (2) when they hold a TMG night rating in accordance with point SFCL.210 of
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 or
when they have fulfilled all the requirements for the issue of that rating.’;
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(c) paragraph (c) is deleted;
(28) in point FCL.815, the introductory sentence of paragraph (a) is replaced by the following:
‘(a) Privileges. The privileges of the holder of a mountain rating are to conduct flights with
aeroplanes or TMGs to and from surfaces which are designated by the appropriate
authorities designated by the Member States to require such a rating.
Holders of an LAPL or a PPL with privileges to fly aeroplanes or TMGs may obtain the
initial mountain rating either on:’;
(29) point FCL.825 is deleted;
(30) point FCL.830 is deleted;
(31) point FCL.835 is inserted as follows:
‘FCL.835 Basic instrument rating (BIR)
(a) Privileges and conditions
(1) The privileges of a BIR holder are to conduct flights under IFR on single-pilot
aeroplanes for which class ratings are held, excluding high-performance aeroplanes
and aeroplane variants for which operational suitability data has determined that an
IR is required.
(2) BIR privileges shall only be exercised in accordance with FCL.205.A, after
completion of the relevant training modules of FCL.835(c).
(3) BIR privileges may be exercised at night if the pilot holds a night rating in accordance
with FCL.810.
(4) The privileges of a multi-engine BIR shall also be valid on single-engine aeroplanes
for which the pilot holds a valid single-engine class rating.
(5) The exercise of BIR privileges shall be subject to the following conditions:
(i) the decision height (DH) or minimum descent height (MDH) used in aerodrome
operating minima shall be at least 200 ft greater than what would otherwise be
calculated according to “NCO.OP.110 Aerodrome operating minima —
aeroplanes and helicopters” and “NCO.OP.111 Aerodrome operating minima
— NPA, APV, CAT I operations”; and
(ii) the visibility used in aerodrome operating minima shall not be less than
1 500 m;
(iii) the pilot-in-command shall not commence or continue a flight under IFR,
unless:
(A) at the aerodrome of departure, the visibility is at least 1 500 m and the
cloud ceiling is at least 600 ft, or the published circling minimum
applicable to the aeroplane category, whichever is the greater; and
(B) at the aerodrome and at any required alternate aerodrome the available
current meteorological information indicates, for the period from 1 hour
before until 1 hour after the estimated time of arrival, or from the actual
time of departure to 1 hour after the estimated time of arrival, whichever
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period is shorter, a visibility of at least 1 500 m and a cloud ceiling of at
least 600 ft, or the published circling minimum applicable to the
aeroplane category, or the DH/MDH incremented by 200 ft in accordance
with (i), whichever is the greater.
(b) Prerequisites. Applicants for the BIR shall hold at least a PPL(A).
(c) Training course. Applicants for the BIR shall have completed at an ATO:
(1) theoretical knowledge instruction in accordance with FCL.615(a); and
(2) flight instruction that:
(i) comprises the following instrument flight instruction modules:
(A) module 1 — the core flying training module of flight handling skills by
sole reference to instruments;
(B) module 2 — the applied flying training module of IFR departure,
holding, 2D and 3D approach procedures;
(C) module 3 — the applied flying training module of en-route IFR flight
procedures; and
(D) module 4 — if a multi-engine BIR is sought, the applied flying training
module with one engine inoperative shall include asymmetric instrument
approach and go-around procedures; and
(ii) complies with the following requirements:
(A) The module specified in (c)(2)(i)(A) shall be completed first. The
modules specified in (c)(2)(i)(B) and (c)(2)(i)(C), and, if applicable,
(c)(2)(i)(D), may be completed in an order chosen by the applicant.
(B) The modules specified in (c)(2) may be completed in aeroplanes, FSTDs
or a combination of these. In any case, the applicant shall receive training
in the aeroplane to be used for the skill test.
(C) The module specified in (c)(2)(i)(C) may be completed outside an ATO.
(D) Prior to commencing the module specified in (c)(2)(i)(D), a pilot who
does not hold a multi-engine aeroplane class or type rating shall have
received the multi-engine training specified in Subpart H of this Annex.
(d) Theoretical knowledge. Prior to taking the skill test, the applicant shall demonstrate a level
of theoretical knowledge that is appropriate to the privileges granted, through examinations
in the subjects referred to in FCL.615(b). The theoretical knowledge examination shall
consist of one examination paper associated with each module as specified in (c)(2)(i)(A),
(c)(2)(i)(B) and (c)(2)(i)(C).
(e) Skill test. After the completion of the training, the applicant shall pass a skill test in an
aeroplane in accordance with Appendix 7 to this Annex. For a multi-engine BIR, the skill
test shall be taken in a multi-engine aeroplane. For a single-engine BIR, the skill test shall
be taken in a single-engine aeroplane. A multi-engine centreline thrust aeroplane shall be
considered to be a single-engine aeroplane for the purposes of this paragraph.
(f) By way of derogation from (d), the holder of a single-engine BIR who also holds a multi-
engine class rating and who wishes to obtain a multi-engine BIR for the first time shall
complete a course of training at an ATO that comprises the training as specified in
paragraph (c)(2)(i)(D) and shall pass the skill test referred to in paragraph (g).
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(g) Validity, revalidation and renewal
(1) A BIR shall be valid for 1 year.
(2) Applicants for the revalidation of a BIR shall:
(i) within a period of 3 months immediately preceding the expiry date of the rating,
pass a proficiency check in accordance with Appendix 9 to this Part in an
aeroplane; or
(ii) within 12 months preceding the expiry date of the rating, complete 6 hours as
PIC under IFR including 3 instrument approach procedures and complete a
training flight of at least 1 hour with an instructor who holds privileges to
provide training for the BIR.
(3) For each alternate subsequent revalidation, the holder of the BIR shall pass a
proficiency check in accordance with paragraph (i)(2)(i).
(4) If a pilot chooses to fulfil the revalidation requirements earlier than what is prescribed
in paragraph (g)(2), the new validity period shall commence from the date of the
proficiency check or flight with an instructor.
(5) Applicants who fail to pass the relevant sections of a BIR proficiency check before
the expiry date of the BIR shall not exercise the BIR privileges until they have passed
the proficiency check.
(6) If a BIR has expired, in order to renew their privileges, applicants shall:
(i) complete refresher training provided by an instructor who holds privileges to
provide training for the BIR to reach the level of proficiency needed; and
(ii) pass a proficiency check.
(7) For a multi-engine BIR, the proficiency check for the revalidation or renewal as well
as the flying training required in paragraph (g)(2)(ii) shall be completed in a multi-
engine aeroplane.
(8) The proficiency check for the revalidation or renewal of a BIR may be combined with
a proficiency check for the revalidation or renewal of a single-pilot aeroplane class
rating on which BIR privileges may be exercised in accordance with point
FCL.835(a)(1).
(h) Applicants for the BIR who hold a Part-FCL PPL or CPL and a valid IR(A) issued in
accordance with the requirements of Annex 1 to the Chicago Convention by a third country
may be credited in full towards the training course referred to in paragraph (c)(2). In order
to be issued with the BIR, the applicants shall:
(1) successfully complete the skill test referred to in paragraph (e);
(2) demonstrate orally to the examiner during the skill test that they have acquired an
adequate level of theoretical knowledge of air law, meteorology, and flight planning
and performance; and
(3) have, at a minimum, experience of at least 25 hours of flight time under IFR as PIC
on aeroplanes.’;
(32) point FCL.915(c)(1) is replaced by the following:
‘(c) Credit towards further instructor certificates and for the purpose of revalidation:
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(1) Full credit towards the teaching and learning skills may be granted to:
(i) holders of an instructor certificate who apply for further instructor certificates;
and
(ii) applicants for an instructor certificate who already hold an instructor certificate
issued in accordance with Annex III (Part-BFCL) to Commission Regulation
(EU) 2018/395 or with Annex III (Part-SFCL) to Commission Implementing
Regulation (EU) 2018/1976.’;
(33) point FCL.905.FI is amended as follows:
(a) paragraph (a) is replaced by the following:
‘(a) a PPL and LAPL in the appropriate aircraft category;’;
(b) paragraph (b) is replaced by the following:
‘(b) class and type ratings for single-pilot, single-engine aircraft, except for single-pilot
high-performance complex aeroplanes;’;
(c) in paragraph (g), both the introductory phrase and paragraph (g)(1) are replaced by the
following:
‘(g) a BIR or an IR in the appropriate aircraft category, provided that they have:
(1) in the case of providing training for an IR, at least 200 hours of flight time under
IFR, of which up to 50 hours may be instrument ground time in an FFS, an FTD
2/3 or an FNPT II;’;
(d) paragraph (f) is replaced by the following:
‘(f) a towing or aerobatic rating, provided that such privileges are held and the FI has
demonstrated the ability to instruct for that rating to an FI who is qualified in
accordance with point (i);’;
(e) paragraph (i)(1) is replaced by the following:
‘(1) completed at least 500 hours of flight instruction in the appropriate aircraft
category;’;
(34) point FCL.910.FI is amended as follows:
(a) paragraph (a)(1) is replaced by the following:
‘(1) for the issue of the PPL and LAPL;’;
(b) paragraph (a)(3) is replaced by the following:
‘(3) for class and type ratings for single-pilot, single-engine aircraft, except for
single-pilot high-performance complex aeroplanes;’;
(c) paragraph (c)(3) is replaced by the following:
‘(3) for the FI(As), 15 hours or 50 take-offs of flight instruction covering the full
training syllabus for the issue of a PPL(As).’;
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(35) in point FCL.915.FI, paragraphs (e) and (f) are deleted;
(36) point FCL.930.FI is amended as follows:
(a) paragraph (b)(2) is replaced by the following:
‘(2) at least 100 hours of theoretical knowledge instruction, including progress tests;’;
(b) paragraph (b)(3)(ii) is replaced by the following:
‘(ii) in the case of an FI(As), at least 20 hours of flight instruction, of which 15 hours
shall be dual flight instruction.’;
(c) paragraphs (b)(3)(iii), (iv) and (v) are deleted;
(37) point FCL.940.FI is amended as follows:
(a) paragraph (a)(1)(i) is replaced by the following:
‘(i) in the case of an FI(A) and an FI(H), at least 50 hours of flight instruction in
the appropriate aircraft category during the period of validity of the certificate
as FIs, TRIs, CRIs, IRIs, MIs or examiners. If the privileges to instruct for the
BIR and the IR are to be revalidated, 10 of these 50 hours shall be flight
instruction for an IR or BIR and shall have been completed within the last
12 months immediately preceding the expiry date of the FI certificate. If the
privileges to instruct for the BIR only are to be revalidated, 5 of these 50 hours
shall be flight instruction for an IR or BIR;’;
(b) paragraphs (a)(1)(iii) and (iv) are deleted;
(c) paragraph (b) is replaced by the following:
‘(b) For at least each alternative subsequent revalidation, in the case of FI(A) or FI(H), or
each third revalidation, in the case of FI(As), the holder shall have to pass an
assessment of competence in accordance with point FCL.935.’;
(38) in point FCL.905.TRI, paragraph (a) is replaced by the following:
‘(a) the revalidation and renewal of an IR, provided the TRI holds a valid IR;’;
(39) in point FCL.905.IRI, paragraph (a) is replaced by the following:
‘(a) The privileges of IRIs are to instruct for the issue, revalidation and renewal of a BIR and
an IR in the appropriate aircraft category.’;
(40) in point FCL.905.STI, paragraph (a)(2) is replaced by the following:
‘(2) the issue, revalidation or renewal of a BIR and an IR and a class or type rating for
single-pilot aircraft, except for single-pilot high-performance complex aeroplanes.’;
(41) point FCL.1005.FE is amended as follows:
(a) paragraph (a)(5) is replaced by the following:
‘(5) skill tests for the issue and proficiency checks for the revalidation and renewal of a
BIR, provided that they have completed as least 1 000 hours as PIC in aeroplanes,
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including at least 250 hours of flight instruction, and hold the privilege to conduct
instrument flight instruction.’;
(b) paragraphs (d) and (e) are deleted;
(42) in point FCL.1005.TRE, paragraph (a)(2) is replaced by the following:
‘(2) proficiency checks for the revalidation or renewal of type ratings and IRs;’;
(43) in point FCL.1005.CRE, paragraph (b)(3) is replaced by the following:
‘(3) revalidation and renewal of BIRs, provided that the CRE has completed:
(i) 1 500 hours of flight time as a pilot of aeroplanes; and
(ii) 450 hours of flight time under IFR; and’;
(44) point FCL.1005.IRE is replaced by the following:
‘FCL.1005.IRE IRE — Privileges
The privileges of holders of an instrument rating examiner (IRE) certificate are to conduct
skill tests for the issue and proficiency checks for the revalidation or renewal of BIRs and
IRs.’;
(45) in point FCL.1005.FIE, paragraph (c) is amended as follows:
‘(c) FIE(As). The privileges of an FIE on airships are to conduct assessments of competence
for the issue, revalidation or renewal of instructor certificates of airships, provided that the
relevant instructor certificate is held.’;
(46) in point FCL.1010.FIE, paragraphs (d) and (e) are deleted;
(47) Appendix 1 is amended as follows:
(a) point 1 is replaced by the following:
‘1. LAPL and PPL’;
(b) paragraph 1.1 is replaced by the following:
‘1.1. For the issue of an LAPL or PPL, the holder of an LAPL or PPL in another category
of aircraft, a BPL issued in accordance with Annex III (Part-BFCL) to Commission
Regulation (EU) 2018/395, or an SPL issued in accordance with Annex III (Part-
SFCL) to Commission Implementing Regulation (EU) 2018/1976 shall be fully
credited with theoretical knowledge on the common subjects established in point
FCL.120(a).’;
(c) in paragraph 1.2, the introductory sentence is replaced by the following:
‘1.2. By way of derogation from the paragraphs above, for the issue of an LAPL or PPL,
the holder of a licence in another category of aircraft shall receive theoretical
knowledge instruction and shall pass theoretical knowledge examinations to the
appropriate level in the following subjects:’;
(d) paragraph 1.3 is replaced by the following:
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‘1.3. For the issue of a PPL, the holder of an LAPL in the same category of aircraft shall
be credited in full towards the theoretical knowledge instruction and examination
requirements.’;
(e) paragraph 1.4 is replaced by the following:
‘1.4 By way of derogation from paragraph 1.2, for the issue of an LAPL(A), the holder of
an SPL issued in accordance with Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976 with privileges to fly TMGs shall
demonstrate an adequate level of theoretical knowledge for the single-engine piston
aeroplane-land class in accordance with FCL.135.A(a)(2).’;
(f) paragraph 4.1 is replaced by the following:
‘4.1 An applicant for an IR, or for a BIR when seeking credit under FCL.035(b)(3)(ii),
who has passed the relevant theoretical examinations for a CPL in the same aircraft
category is credited towards the theoretical knowledge requirements in the following
subjects:
— Human Performance,
— Meteorology.’;
(48) In Appendix 6, Chapter Aa is amended as follows:
(a) paragraphs 9 and 10 are renumbered to 11 and 12;
(b) paragraphs 9 and 10 are inserted as follows:
‘9. Applicants for the competency-based modular IR(A) who hold a BIR in accordance with
FCL.835, and who have received at least 10 hours of instrument flight time under
instruction at an ATO, may be credited in full towards the training course mentioned in
paragraph 4, provided that all competency-based instrument rating topics have been
included, as assessed by the ATO that provides the competency-based modular flying
training course.
10. Applicants for the competency-based modular IR(A) who hold a BIR and have, at a
minimum, experience of at least 50 hours of flight time under IFR as PIC on aeroplanes,
shall:
(a) at an ATO:
(i) be assessed as having an acceptable standard of competency-based instrument
rating theoretical knowledge;
(ii) receive appropriate flight training to extend IFR privileges in accordance with
FCL.605.IR(a);
(b) after completion of (a);
(i) successfully complete the skill test for the IR(A) in accordance with
Appendix 7;
(ii) demonstrate orally to the examiner during the skill test that they have acquired
an adequate level of theoretical knowledge of air law, meteorology, and flight
planning and performance.’;
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(49) Appendix 7 is amended as follows:
(a) the title is replaced by ‘BIR and IR skill test’;
(b) paragraph 1 is replaced by the following:
‘1. An applicant shall have received instruction on the same class or type of aircraft to
be used in the test which shall be appropriately equipped for the training and testing
purposes.’;
(b) paragraph 7 is replaced by the following:
‘9. An applicant shall indicate to the examiner the checks and duties carried out,
including the identification of radio facilities. The examiner shall take no part in the
operation of the aircraft, except when intervention is necessary in the interests of
safety or to avoid unacceptable delay to other traffic. Responsibility for the flight
shall be allocated in accordance with national regulations.’;
(50) the title of Appendix 9 replaced by ‘Training, skill test and proficiency check for MPL, ATPL,
type and class ratings, and proficiency check for BIR and IR’.
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ANNEX II
Amendments to Annex III to Commission Regulation (EU) No 1178/2011
(1) In point 7 of Section A, the introductory sentence is replaced by the following:
‘7. By way of derogation from the provisions of the points above, Member States may, for,
competition flights or display flights of limited duration, accept a licence issued by a third
country allowing the holder to exercise the privileges of a PPL as specified in Annex I, a
BPL as specified in Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or
an SPL as specified in Annex III (Part-SFCL) to Commission Implementing Regulation
(EU) 2018/1976, provided:’;
(2) in point 8 of Section A, the introductory sentence is replaced by the following:
‘8. By way of derogation from the provisions of the points above, Member States may accept
a licence which is equivalent to one of those referred to in point 7 and issued in compliance
with the requirements of Annex 1 to the Chicago Convention by a third country for a
maximum of 28 days per calendar year for specific non-commercial tasks, provided the
applicant:’;
(3) point 1 of Section B is replaced by the following:
‘1. The competent authority of a Member State may convert a licence which is issued in
compliance with the requirements of Annex 1 to the Chicago Convention by a third country
and which is:
(a) a licence equivalent to those specified in point 7; or
(b) a CPL or an ATPL,
into a PPL in accordance with Annex I (Part-FCL) with a single-pilot class or type rating,
a BPL in accordance with Annex III (Part-BFCL) to Commission Regulation (EU)
2018/395 or an SPL in accordance with Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976.’;
(4) point 2 of Section B is amended as follows:
(a) paragraph (b) is replaced by the following:
‘(b) pass the PPL, BPL or SPL skill test, as relevant, in accordance with Annex I
(Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part-BFCL)
to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976;’;
(b) paragraph (d) is replaced by the following:
‘(d) hold a medical certificate, as required and issued in accordance with Annex IV
(Part-MED) to Commission Regulation (EU) No 1178/2011;’
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ANNEX III
Amendments to Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011
Point MED.A.030 is amended as follows:
(a) paragraph (c) is replaced by the following:
‘(c) When exercising the privileges of (a):
(1) light aircraft pilot licence (LAPL), a balloon pilot licence (BPL) issued in
accordance with Annex III (Part-BFCL) to Commission Regulation (EU)
2018/395, or a sailplane pilot licence (SPL) issued in accordance with
Annex III (Part-SFCL) to Commission Implementing Regulation (EU)
2018/1976, the pilot shall hold at least a valid LAPL medical certificate;
(2) private pilot licence (PPL), the pilot shall hold at least a valid class 2 medical
certificate;
(3) BPL for the purpose of:
(i) commercial passenger ballooning, the pilot shall hold at least a valid class
2 medical certificate;
(ii) commercial operation other than commercial passenger ballooning, with
more than 4 persons on board the aircraft, the pilot shall hold at least a
valid class 2 medical certificate;
(4) SPL for the purpose of commercial sailplane operations other than those
specified in Article 3(2) of Commission Implementing Regulation (EU)
YYYY/XX, the pilot shall hold at least a valid class 2 medical certificate;
(5) a commercial pilot licence (CPL), a multi-crew pilot licence (MPL) or an airline
transport pilot licence (ATPL), the pilot shall hold a valid class 1 medical
certificate.’;
(b) paragraph (e) is replaced by the following:
‘(e) If an instrument rating or basic instrument rating is added to a PPL, the licence holder
shall undergo pure tone audiometry examinations in accordance with the periodicity
and the standard required for class 1 medical certificate holders.’
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ANNEX IV
Amendments to Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011
(1) In point ARA.GEN.220, paragraph (b) is replaced by the following:
‘(b) The competent authority shall establish and keep up to date a list of all organisation
certificates, FSTD qualification certificates and personnel licences, certificates and
attestations it issued, DTO declarations it received, and the DTO training programmes it
verified or approved for compliance with Annex I (Part-FCL), Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395, or Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976.’;
(2) point ARA.GEN.350 is amended as follows:
(a) the introductory sentence of paragraph (da) is replaced by the following:
‘(da) By way of derogation from paragraphs (a) to (d), in the case of DTOs, if during
oversight or by any other means the competent authority finds evidence that
indicates DTO non-compliance with the essential requirements set out in Annex IV
to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and
Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III
(Part-BFCL) to Commission Regulation (EU) 2018/395 and of Annex III (Part-
SFCL) to Commission Implementing Regulation (EU) 2018/1976, the competent
authority shall:’;
(b) paragraph (e) is replaced by the following:
‘(e) By way of derogation from any additional enforcement measures, when the
authority of a Member State that acts in accordance with point ARA.GEN.300(d)
identifies any non-compliance with the essential requirements set out in Annex IV
to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL),
Annex VII (Part-ORA) and Annex VIII (Part-DTO) to this Regulation, or with the
requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395
and of Annex III (Part-SFCL) to Commission Implementing Regulation (EU)
2018/1976 by an organisation certified by, or having made a declaration to, the
competent authority of another Member State or the Agency, it shall inform that
competent authority of that non-compliance.’;
(3) in point ARA.FCL.250(a), subparagraph (3) is replaced by the following:
‘(3) the licence holder no longer complies with the applicable requirements of Annex I
(Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976;’;
(4) in point ARA.FCL.300, paragraph (a) is replaced by the following:
‘(a) The competent authority shall put in place the necessary arrangements and procedures to
allow applicants to take theoretical knowledge examinations in accordance with the
applicable requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission
Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing
Regulation (EU) 2018/1976.’;
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(5) in point ARA.DTO.100, paragraph (b) is replaced by the following:
‘(b) If the declaration does not contain the required information, or contains information that
indicates a non-compliance with the essential requirements set out in Annex IV to
Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII
(Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976, the competent authority shall act in accordance
with point ARA.GEN.350(da).’;
(6) in point ARA.DTO.110, paragraph (a) is replaced by the following:
‘(a) Upon receiving the training programmes of a DTO, and any changes thereto, notified to it
in accordance with point DTO.GEN.115(c) of Annex VIII (Part-DTO) or the application
for approval of the training programmes of a DTO submitted to it in accordance with point
DTO.GEN.230(c) of that Annex, the competent authority shall verify the compliance of
those training programmes with the requirements of Annex I (Part-FCL), Annex III (Part-
BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976, as applicable.’;
(7) Appendix I to Annex VI (Part-ARA) is amended as follows:
(a) the introductory sentence after the heading ‘Flight crew licence’ is replaced by the
following:
‘The flight crew licence issued by a Member State in accordance with Annex I (Part-FCL),
Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-
SFCL) to Commission Implementing Regulation (EU) 2018/1976 shall conform to the
following specifications:’;
(b) paragraph (a)(1)(III) is replaced by the following:
‘(III) serial number of the licence commencing with the UN country code of the State of
licence issue and followed by ‘FCL’, ‘BFCL’ or ‘SFCL’, as applicable, and a code
of numbers and/or letters in Arabic numerals and in Latin script;’;
(c) paragraph (a)(2)(XII) is replaced by the following:
‘(XII) ratings, certificates and, in the case of balloons and sailplanes, privileges: class,
type, instructor certificates, etc., with dates of expiry, as applicable. Radio
telephony (R/T) privileges may appear on the licence or on a separate certificate;’;
(d) the template following paragraph (c), with the heading ‘Cover page’ (EASA Form 141
Issue 2), is amended as follows:
(i) the phrase ‘Issued in accordance with Part-FCL’ is replaced by the following:
‘Issued in accordance with Part-FCL / Part-BFCL / Part-SFCL (non-applicable terms
to be deleted)’;
(ii) the phrase ‘This licence complies with ICAO standards, except for the LAPL and
EIR privileges’ is replaced by the following:
‘This licence complies with ICAO standards, except for the LAPL and BIR privileges
or when accompanied by an LAPL medical certificate’;
(e) in the template following the heading ‘Page 2’, the phrase ‘Serial number of the licence
will always commence with the UN country code of the State of the licence issue, followed
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Annex Ib to EASA Opinion No 01/2019
by ‘FCL.’ (remark associated with field No III — Licence number) is replaced by the
following:
‘Serial number of the licence will always commence with the UN country code of the State
of the licence issue, followed by “FCL.”, “BFCL.” or “SFCL.”, as applicable.’;
(f) the template following the heading ‘Page 3’ is amended as follows:
(i) the phrase ‘Abbreviations used will be as used in Part-FCL (e.g. PPL(H), ATPL(A),
etc.)’ (text associated with field No II — Title of the licence, date of initial issue and
country code) is replaced by the following:
‘Abbreviations used will be as those used in Part-FCL (e.g. PPL(H), ATPL(A), etc.),
Part-BFCL and Part-SFCL’;
(ii) after the phrase ‘In case of LAPL: LAPL not issued in accordance with ICAO
standards’ (text associated with field No XIII – Remarks), the following text is added:
‘In case of SPL: Privileges for aerobatic and sailplane cloud flying as well as for
launching methods to be exercised in accordance with points SFCL.155, SFCL.200
and SFCL.215 of Annex III (Part-SFCL) to Commission Implementing Regulation
(EU) 2018/1976, as applicable.’
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(8) Appendix III to Annex VI (Part-ARA) is amended as follows:
CERTIFICATE FOR APPROVED TRAINING ORGANISATIONS (ATOs)
European Union *
Competent Authority
APPROVED TRAINING ORGANISATION CERTIFICATE
[CERTIFICATE NUMBER/REFERENCE]
Pursuant to Commission Regulation (EU) No 1178/2011 [and Commission Regulation (EU) 2018/395
/ Commission Implementing Regulation (EU) 2018/1976 (ADJUST AS APPLICABLE)] and subject
to the conditions specified below, the [Competent Authority] hereby certifies
[NAME OF THE TRAINING ORGANISATION]
[ADDRESS OF THE TRAINING ORGANISATION]
as a Part-ORA certified training organisation with the privilege to provide Part-FCL training courses,
including the use of FSTDs, as listed in the attached training course approval / Part-BFCL training
courses / Part-SFCL training courses [ADJUST AS APPLICABLE].
CONDITIONS:
This certificate is limited to the privileges and the scope of providing the training courses, including the
use of FSTDs, as listed in the attached training course approval.
This certificate is valid whilst the approved organisation remains in compliance with Part-ORA,
Part-FCL, Part-BFCL, Part-SFCL [ADJUST AS APPLICABLE] and other applicable regulations.
Subject to compliance with the foregoing conditions, this certificate shall remain valid unless it has been
surrendered, superseded, limited, suspended or revoked.
Date of issue:
Signed:
[Competent Authority]
* ‘European Union’ to be deleted for non-EU Member States
EASA FORM 143 Issue 2 — Page 1/2
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APPROVED TRAINING ORGANISATION CERTIFICATE
TRAINING COURSE APPROVAL
Attachment to ATO Certificate Number:
[CERTIFICATE NUMBER/REFERENCE]
[NAME OF THE TRAINING ORGANISATION]
has obtained the privilege to provide and conduct the following Part-FCL / Part-BFCL / Part-SFCL [ADJUST AS
APPLICABLE] training courses and to use the following FSTDs:
Training course FSTD(s) used, including letter code (1)
(1)
as indicated on the qualification certificate
This training course approval is valid as long as:
(a) the ATO certificate has not been surrendered, superseded, limited, suspended or revoked; and
(b) all operations are conducted in compliance with Part-ORA, Part-FCL, Part-BFCL, Part-SFCL [ADJUST
AS APPLICABLE], other applicable regulations, and, when relevant, with the procedures in the
organisation’s documentation as required by Part-ORA.
Date of issue:
Signed: [Competent Authority]
For the Member State/EASA
EASA FORM 143 Issue 2 — Page 2/2
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(9) Appendix VIII to Annex VI (Part-ARA) is replaced by the following:
Training programme approval
for a declared training organisation (DTO)
European Union (*)
Competent authority
Issuing authority:
Name of DTO:
DTO reference number:
Training programme(s) approved: Doc reference: Remarks:
Examiner standardisation — FE(S), FE(B) (**)
Examiner refresher course — FE(S), FE(B) (**)
The above-mentioned training programme(s) has (have) been verified by the above-
mentioned competent authority and found to be in compliance with the requirements of
Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part-
BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976.
Date of issue:
Signed: [competent authority]
(*) ‘European Union’ to be deleted for non-EU Member States.
(**) To be adjusted as applicable.
EASA Form XXX Issue 2 — Page 1/1’.
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ANNEX V
Amendments to Annex VII (Part-ORA) to Commission Regulation (EU) No 1178/2011
(1) Point ORA.ATO.110 is amended as follows:
(a) in paragraph (b), subparagraph (1) is replaced by the following:
‘(1) ensuring that the training provided is in compliance with Annex I (Part-FCL), Annex
III (Part-BFCL) to Commission Regulation (EU) 2018/395, Annex III
(Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as
applicable, and, in the case of flight test training, that the relevant requirements of
Annex I (Part 21) to Commission Regulation (EU) No 748/2012 and the training
programme have been established;’;
(b) paragraph (d) is replaced by the following:
‘(d) Flight instructors and flight simulation training instructors shall hold the
qualifications required by Annex I (Part-FCL), Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976 for the type of training they provide.’;
(2) in point ORA.ATO.125, paragraph (b) is replaced by the following:
‘(b) The training programme shall comply with the requirements of Annex I (Part-FCL),
Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, Annex III
(Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, and,
in the case of flight test training, the relevant requirements of Annex I (Part 21) to
Commission Regulation (EU) No 748/2012.’
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ANNEX VI
Amendments to Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011
(1) Point DTO.GEN.110 is amended as follows:
(a) paragraphs (a)(3) and (4) are replaced by the following:
‘(3) for sailplanes, in accordance with the requirements of Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976:
(a) theoretical knowledge instruction for the SPL;
(b) flight instruction for the SPL;
(c) training towards extension of privileges to sailplanes or TMGs in accordance
with point SFCL.150;
(d) training towards additional launching methods in accordance with point
SFCL.155;
(e) training towards additional ratings and privileges: basic aerobatic and advanced
aerobatic privileges, sailplane and banner towing rating, TMG night rating, and
sailplane cloud flying privileges;
(f) training towards flight instructor certificate for sailplanes (FI(S));
(g) FI(S) refresher course.’;
(4) for balloons, in accordance with the requirements of Annex III (Part-BFCL) to
Commission Implementing Regulation (EU) 2018/1976:
(a) theoretical knowledge instruction for the BPL;
(b) flight instruction for the BPL;
(c) training towards class or group extension in accordance with point BFCL.150;
(d) training towards additional ratings: tethered hot-air balloon flight, night, and
commercial operation rating;
(g) training towards flight instructor certificate for balloons (FI(B));
(h) FI(B) refresher course.’;
(b) paragraph (b) is replaced by the following:
‘(b) A DTO shall be entitled to also provide the examiner courses referred to in points
BFCL.430 and BFCL.460(b)(1) of Annex III (Part-BFCL) to Commission
Regulation (EU) 2018/395 for FE(B), as well as in points SFCL.430 and
SFCL.460(b)(1) of Annex III (Part-SFCL) to Commission Implementing Regulation
(EU) 2018/1976 for FE(S), provided that the DTO has submitted a declaration in
accordance with point DTO.GEN.115 and the competent authority has approved the
training programme in accordance with point DTO.GEN.230(c).’;
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(2) in point DTO.GEN.115(a), subparagraph (8) is replaced by the following:
‘(8) a statement that confirms that the DTO complies and will, during all training activities
covered by the declaration, continue to comply with the essential requirements set out in
Annex IV to Regulation (EU) 2018/1139, with the requirements of
Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation and with the
requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’;
(3) point DTO.GEN.210 is amended as follows:
(a) paragraph (a)(2)(i) is replaced by the following:
‘(i) that the training provided complies with the requirements of Annex I (Part-FCL),
Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III
(Part-SFCL) to Commission Regulation (EU) 2018/1976 and with the DTO’s training
programme;’;
(b) paragraph (e) is replaced by the following:
‘(e) Flight instructors and flight simulation training instructors shall hold the
qualifications required by Annex I (Part-FCL), Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission
Implementing Regulation (EU) 2018/1976 for the type of training they provide.’;
(4) point DTO.GEN.230 is amended as follows:
(a) paragraph (b) is replaced by the following:
‘(b) The training programmes shall comply with the requirements of Annex I
(Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as
applicable.’;
(b) paragraph (c) is replaced by the following:
‘(c) A DTO shall be entitled to provide the training referred to in point DTO.GEN.110(b)
only when its training programme for that training, and any changes thereto, have
been issued by the competent authority, upon application by the DTO, with an
approval in accordance with point ARA.DTO.110, confirming that the training
programme and any changes thereto comply with the requirements of Annex I (Part-
FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and
Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as
applicable. A DTO shall apply for such approval through the submission of its
declaration in accordance with point DTO.GEN.115.’;
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(5) in Appendix 1 to Annex VIII, Section 9 of the declaration form is replaced by the following:
‘9. Statement
The DTO has developed a safety policy in accordance with Annex VIII (Part-DTO)
to Commission Regulation (EU) No 1178/2011, and in particular with point
DTO.GEN.210(a)(1)(ii) thereof, and will apply that policy during all training
activities covered by the declaration.
The DTO complies and will, during all training activities covered by the
declaration, continue to comply with the essential requirements set out in
Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-
FCL) and Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011,
and with the requirements of Annex III (Part-BFCL) to Commission Regulation
(EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing
Regulation (EU) 2018/1976.
We confirm that all information contained in this declaration, including its annexes
(if applicable), is complete and correct.
Name, date and signature of the representative of the DTO
Name, date and signature of the head of training of the DTO’
Page 28 of 28
EUROPEAN
COMMISSION
Brussels, XXX
[…](2019) XXX draft
Annex IIa to EASA Opinion No 01/2019
COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
amending Commission Regulation (EU) 2018/395 as regards balloon pilot licences
EN EN
DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/…
of XXX
amending Commission Regulation (EU) 2018/395 as regards balloon pilot licences
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 3922/91 (1), and in particular Articles 23 and 27 thereof,
Whereas:
(1) The European Commission is to adopt the necessary implementing rules for
establishing the requirements for balloon pilot licences in accordance with Regulation
(EU) 2018/1139, where such aircraft meet the conditions specified in points (b)(i) and
(ii) of Article 2(1) of that Regulation.
(2) In light of the specific nature of flight crew licensing for balloons, there is a need for
dedicated licensing requirements that are laid down in self-standing regulations. Those
rules should be based on the general rules for flight crew licensing that are laid down
in Commission Regulation (EU) No 1178/2011 (2), but they should be restructured and
simplified, so as to ensure that they are proportionate and founded on a risk-based
approach, whilst ensuring that balloon pilots are and continue to be competent to carry
out their activities and to discharge their responsibilities.
(3) These new licensing requirements for balloon pilots should be added to Commission
Regulation (EU) 2018/395 (3). At the same time, the licensing requirements that are
related to balloon pilot licences and are laid down in Annex I (Part-FCL) to
Commission Regulation (EU) No 1178/2011 should be deleted, and those
requirements of Annex I (Part-FCL) that address cross-domain issues, such as
crediting provisions between balloon pilot licences and licences for other aircraft
categories, should be revised in order to consider the new licensing requirements for
balloons.
(4) Pursuant to Article 12(2a)(3) of Commission Regulation (EU) No 1178/2011, Member
States may apply national licensing rules that provide access to basic pilot privileges
until 8 April 2020. Some Member States have reported to the European Commission
( 1) OJ L 212, 22.8.2018, p. 1.
( 2) 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).
( 3) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation
of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council
(OJ L 71, 14.3.2018, p. 10).
EN 1 EN
and the European Union Aviation Safety Agency that, in this context, authorising
student pilots to exercise limited privileges without supervision and thereby obtain
basic privileges on a step-by-step basis supports the promotion of aerial sports and
recreational activities by offering easy and more affordable access to flying.
Promoting and enabling such easier access to general aviation is in line with the
objectives of the General Aviation Road Map that aims to create a more proportional,
flexible and proactive regulatory system (4). For these reasons, Member States should
be given the discretion to continue with such modular training routes which should be
credited for the issue of a balloon pilot licence (BPL). Member States should be
obliged to inform the European Commission and the European Union Aviation Safety
Agency if they make use of such authorisations. They should also monitor the use of
such authorisations in order to maintain an acceptable level of aviation safety.
(5) In order to ensure a smooth transition and to avoid as much as possible any disruptions
when introducing the new, specific regulatory framework for balloon flight crew
licensing laid down in this Regulation, any certificates, authorisations and approvals
issued to balloon pilots in accordance with Commission Regulation (EU)
No 1178/2011 prior to the date of application of this Regulation should continue to be
valid. National balloon pilot licences issued prior to the date of application of this
Regulation should be converted into licences, issued in accordance with this
Regulation, through conversion reports established by the Member States in
consultation with the European Union Aviation Safety Agency.
(6) Credit should be granted for balloon pilot training that commenced prior to the date of
application of this Regulation. As the new balloon pilot training requirements that are
introduced with this Regulation are equally or less demanding compared to the so far
applicable requirements of Annex I (Part-FCL) to Commission Regulation (EU)
No 1178/2011, training in accordance with Annex I (Part-FCL) should be fully
credited. Credit for training that commenced in accordance with Annex 1 to the
Chicago Convention should be determined through credit reports established by the
Member States.
(7) It should be possible for Member States to accept balloon licences that are issued by
third countries. Based on the requirements of the so far applicable Article 8 of
Commission Regulation (EU) No 1178/2011, the conditions for accepting third-
country balloon pilot licences should be laid down.
(8) The requirements of Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII
(Part-DTO) to Commission Regulation (EU) No 1178/2011 should continue to apply
to balloon flight crew licensing as, in the context of making the regulatory framework
for balloons simpler, lighter and better, there is no need for amendments with regard to
these Annexes. Existing training organisations should be given the appropriate time to
adapt their training programmes, where necessary, in the context of the simplified
training requirements.
(9) The European Union Aviation Safety Agency has prepared draft implementing rules
and submitted them with Opinion No 01/2019 (5) to the European Commission in
accordance with points (b) and (c) of Article 75(2) and with Article 76(1) of
Regulation (EU) 2018/1139.
( 4) https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map
( 5) https://www.easa.europa.eu/document-library/opinions
EN 2 EN
(10) The measures provided for in this Regulation are in accordance with the opinion of the
committee established by Article 127 of Regulation 2018/1139,
HAS ADOPTED THIS REGULATION:
Article 1
Commission Regulation (EU) 2018/395 is amended as follows:
(1) the title of Commission Regulation (EU) 2018/395 is replaced by the following:
‘Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules
for the operation of as well as the flight crew licensing for balloons pursuant to
Regulation (EU) 2018/1139’;
(2) in Article 1, paragraph 1 is replaced by the following:
‘1. This Regulation lays down detailed rules for air operations with balloons as well
as for issuing and maintaining pilot licences and associated ratings, privileges and
certificates for balloons, where such aircraft meet the conditions laid down in
points (b)(i) and (ii) of Article (2)(1) of Regulation (EU) 2018/1139.’;
(3) Article 2 is amended as follows:
(a) the introductory sentence is replaced by the following:
‘For the purpose of this Regulations, the following definitions and, unless terms
are defined otherwise in this Article, the definitions of Article 2 of Commission
Regulation (EU) No 1178/2011 apply:’
(b) the following point (7a) is inserted:
‘(7a) “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;’;
(c) point (10) is replaced by the following:
‘(10) “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 Commission Regulation
(EU) No 1178/2011 (6) or by an organisation established with the aim of
promoting aerial sport or leisure aviation;’;
(d) point (12) is replaced by the following:
‘(12) “dry lease agreement” means an agreement between undertakings pursuant
to which the balloon is operated under the responsibility of the lessee;’;
(e) the following points (13) to (15) are added:
(6) 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).
EN 3 EN
‘(13) “national licence” means a pilot licence issued by a Member State 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
Commission 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;’;
(4) Article 3 is amended as follows:
(a) in paragraph (2), the first subparagraph is replaced by the following:
‘2. In accordance with point (a) of Article 30(1) of Regulation (EU) 2018/1139
operators of balloons shall engage in commercial operations only after
having declared to the competent authority their capacity and means to
discharge the responsibilities associated with the operation of the balloon.’;
(b) in paragraph (2), the second subparagraph is deleted;
(c) in paragraph (2), the introductory sentence of the third subparagraph is replaced
by the following:
‘The first subparagraph shall not apply to the following operations with
balloons:’;
(d) in paragraph (2), points (c) and (d) are replaced by the following:
‘(c) introductory flights with four individuals or less, including the pilot, and
flights for the purposes of parachute dropping, performed either by a
training organisation that has its principal place of business in a Member
State and referred to in Article 10a of Regulation (EU) No 1178/2011, or by
an organisation created for the purposes of promoting aerial sport or leisure
aviation, provided that the organisation operates the balloon on the basis of
either ownership or a dry lease agreement, that the flight does not generate
profits distributed outside the organisation and that such flights represent
only a marginal activity of the organisation;
(d) training flights performed by a training organisation referred to in
Article 10a of Regulation (EU) No 1178/2011 and has its principal place of
business in a Member State.’;
(5) after Article 3, the following Articles 3a to 3e are inserted:
‘Article 3a
Pilot licences and medical certification
1. Without prejudice to Article 3d of this Regulation, pilots of aircraft referred to in
Article 1(1) shall comply with the technical requirements and administrative
procedures laid down in Annex III (Part-BFCL) to this Regulation and in
Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011.
2. As an exception to the privileges of the holders of licences as defined in Annex III
(Part-BFCL) to this Regulation, holders of such licences may carry out flights
EN 4 EN
referred to in Article 3(2)(a) to (d) without complying with point BFCL.215 of
Annex III (Part-BFCL) to this Regulation.
3. A Member State may authorise student pilots who follow a BPL training course to
exercise limited privileges without supervision before they meet all the
requirements that are necessary for the issue of a BPL in accordance with
Annex III (Part-BFCL) to this Regulation, subject to the following conditions:
(a) the scope of the privileges granted shall be based on a safety risk assessment
carried out by the Member State, taking into account the extent of training
necessary for the intended level of pilot competence to be achieved;
(b) the privileges shall be limited to the following:
(i) the whole or part of the national territory of the authorising Member
State; and
(ii) balloons that are registered in the authorising Member State;
(c) the holder of such an authorisation who applies for the issue of a balloon
pilot licence (BPL) shall receive credits for training conducted under the
authorisation on the basis of a recommendation from an approved training
organisation (ATO) or a declared training organisation (DTO);
(d) the Member State shall submit reports and safety risk assessments to the
European Commission and the European Union Aviation Safety Agency
every 3 years;
(e) the Member State shall monitor the use of authorisations issued under this
paragraph to ensure an acceptable level of aviation safety and take
appropriate action in case of identifying an increased safety risk or any
safety concerns.
Article 3b
Existing pilot licences and national medical certificates
1. Part-FCL licences for balloons and associated privileges, ratings and certificates
issued by a Member State before the date of application of this Regulation shall be
deemed to have been issued in accordance with this Regulation. When a Member
State reissues licences for administrative reasons or upon application by licence
holders, the Member State shall replace these licences with licences that comply
with the format laid down in Annex VI (Part-ARA) to Commission Regulation
(EU) No 1178/2011.
2. When a Member State reissues licences and associated privileges, ratings and
certificates in accordance with paragraph 1, the Member State shall, as applicable:
(a) transfer all privileges endorsed so far in Part-FCL licences to the new
licence format;
(b) convert the privileges for tethered flight or commercial operation associated
with a Part-FCL licence into a tethered flight rating or a commercial
operation rating in accordance with the provisions of Annex III (Part-BFCL)
to this Regulation; and
(c) endorse the expiry date of a flight instructor certificate associated with a
Part-FCL licence into the pilot’s logbook or issue an equivalent document.
EN 5 EN
After that date, those pilots shall exercise instructor privileges only when
they comply with point BFCL.460 of Annex III (Part-BFCL) to this
Regulation.
3. Holders of national licences for balloons issued by a Member State before the date
of application of Annex III (Part-BFCL) to this Regulation shall be allowed to
continue to exercise the privileges of their licences until 8 April 2021. By that
date, these licences shall have been converted into Part-BFCL licences and
associated ratings, privileges and certificates in accordance with the elements laid
down in a conversion report that complies with the requirements of Article 4(4)
and (5) of Commission Regulation (EU) No 1178/2011.
4. National pilot medical certificates associated with a licence as specified in
paragraph 2 above and issued by a Member State before the date of application of
Annex III (Part-BFCL) to this Regulation shall remain valid until the date of their
next revalidation or until 8 April 2021, whichever is the earlier. The revalidation
of these medical certificates shall comply with the requirements of Annex IV
(Part-MED) to Commission Regulation (EU) No 1178/2011.
Article 3c
Credit for training that commenced prior to the date of application of this
Regulation
1. In respect of issuing Part-BFCL licences and associated privileges, ratings or
certificates in accordance with Annex III (Part-BFCL) to this Regulation, training
that commenced prior to the date of application of this Regulation in accordance
with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be
deemed to have commenced in accordance with this Regulation.
2. Training that commenced prior to the date of application of this Regulation or of
Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, in
accordance with Annex 1 to the Chicago Convention, shall be given credit for the
purposes of issuing Part-BFCL licences on the basis of a credit report established
by the Member State in consultation with the European Union Aviation Safety
Agency.
3. The credit report shall describe the scope of the training, indicate for which
requirements of Part-BFCL credit is given and, if applicable, which requirements
applicants need to comply with in order to be issued with a
Part-BFCL licence. It shall include copies of all the documents that are necessary
to demonstrate the scope of the training, as well as copies of the national
regulations and procedures in accordance with which the training was
commenced.
Article 3d
Conditions for the acceptance of licences issued by third countries
1. Without prejudice to international agreements concluded between the European
Union and a third country in accordance with point (a) of Article 68(1) of
Regulation (EU) 2018/1139 covering balloon pilot licensing, Member States may
accept third-country balloon licences and associated ratings, privileges or
EN 6 EN
certificates, as well as associated medical certificates issued by or on behalf of
third countries, in accordance with the provisions of Annex III to Commission
Regulation (EU) No 1178/2011.
2. Applicants for a Part-BFCL licence who already hold at least an equivalent
licence, rating, privilege or certificate issued in accordance with Annex 1 to the
Chicago Convention by a third country shall comply with all the requirements of
Annex III (Part-BFCL) to this Regulation, except that the course duration, the
number of lessons and the specific training hours may be reduced.
3. The credit given to the applicant shall be determined by the Member State to
which the pilot applies on the basis of a recommendation from an ATO or a DTO
for balloons.
Article 3e
Training organisations
1. Training organisations for pilot licences referred to in Article 1(1) shall comply
with the requirements of Article 10a of Commission Regulation (EU)
No 1178/2011.
2. Training organisations referred to in paragraph 1 which hold an approval issued in
accordance with Annex VII (Part-ORA) to Commission Regulation (EU)
No 1178/2011 or have submitted a declaration in accordance with Annex VIII
(Part-DTO) to Commission Regulation (EU) No 1178/2011 before the date of
application of this Regulation shall adapt their training programmes, where
necessary, by 8 April 2021 at the latest.’;
(6) Annex I (Part-DEF) is amended in accordance with Annex I to this Regulation;
(7) Annex II (Part-BOP) is amended in accordance with Annex II to this Regulation;
(8) Annex III (Part-BFCL) is added as set out in Annex III to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
It shall apply from 8 April 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Commission
The President
[…]
EN 7 EN
EUROPEAN
COMMISSION
Brussels, XXX
[…](2019) XXX draft
Annex Ia to EASA Opinion No 01/2019
COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
amending Commission Regulation (EU) No 1178/2011 as regards the introduction of the
basic instrument rating, and the deletion of the en route instrument rating as well as of
the flight crew licensing requirements for balloons and sailplanes
EN EN
DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/...
of XXX
amending Commission Regulation (EU) No 1178/2011 as regards the introduction of the
basic instrument rating, and the deletion of the en route instrument rating as well as of
the flight crew licensing requirements for balloons and sailplanes
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 3922/91 (1), and in particular Articles 23 and 27 thereof,
Whereas:
(1) Commission Regulation (EU) No 1178/2011 (2) lays down the requirements for pilots
who are involved in the operation of aircraft as specified in points (b)(i) and (ii) of
Article (2)(1) of Regulation (EU) 2018/1139. Such implementing rules have been
adopted with Commission Regulation (EU) No 1178/2011.
(2) In light of the specific nature of flight crew licensing for balloons and sailplanes, there
is a need for dedicated licensing requirements that are laid down in self-standing
regulations. Those rules should be based on the general rules for flight crew licensing
that are laid down in Commission Regulation (EU) No 1178/2011, but they should be
restructured and simplified, in order to ensure that they are proportionate and founded
on a risk-based approach, whilst ensuring that balloon and sailplane pilots are and
continue to be competent to carry out their activities and to discharge their
responsibilities.
(3) These new licensing requirements for balloon and sailplane pilots should be laid down
in Commission Regulation (EU) 2018/395 (3) (the balloon operations regulation) and
Commission Implementing Regulation (EU) 2018/1976 (4) (the sailplane operations
regulation). At the same time, the licensing requirements that are related to balloon and
sailplane pilot licences and that are laid down in Annex I (Part-FCL) to Commission
( 1) OJ L 212, 22.8.2018, p. 1.
( 2) 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).
( 3) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation
of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ
L 71, 14.3.2018, p. 10).
( 4) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules
for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of
the Council (OJ L 326 , 20.12.2018, p. 64).
EN 1 EN
Regulation (EU) No 1178/2011 should be deleted, and those requirements of Annex I
(Part-FCL) that address cross-domain issues, such as crediting provisions between
balloon or sailplane pilot licences and licences for other aircraft categories, should be
revised in order to consider the new licensing requirements for balloon and sailplane
pilots.
(4) The requirements of Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII
(Part-DTO) to Commission Regulation (EU) No 1178/2011 should continue to apply to
balloon and sailplane flight crew licensing.
(5) In order to further improve aviation safety, pilots that are engaged in aerial sport and
recreational activities should be more encouraged to obtain privileges for flying in
accordance with instrument flight rules (IFR). Hence, the existing rules concerning IFR
privileges should be adapted by introducing the basic instrument rating (BIR) in Annex I
(Part-FCL). The BIR should be specifically tailored to the needs of pilots that are
engaged in aerial sport and recreational flying activities as regards the content of their
training and the scope of their privileges.
(6) With the introduction of the BIR, the already existing EIR in point FCL.825 of Annex I
(Part-FCL) is redundant and should be deleted. Existing EIR holders should be entitled
to continue to exercise their privileges and should receive credits when they seek to
obtain a BIR.
(7) Training for an EIR that commenced prior to the application of this Regulation should
be allowed to be completed, and the issue of an EIR should follow within a given
transitional period.
(8) The measures provided for in this Regulation are based on Opinion No 01/2019 (5) of
the European Union Aviation Safety Agency in accordance with point (b) of
Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139.
(9) The measures provided for in this Regulation are in accordance with the opinion of the
committee established by Article 127 of Regulation (EU) 2018/1139,
HAS ADOPTED THIS REGULATION:
Article 1
Commission Regulation (EU) No 1178/2011 is amended as follows:
(1) Article 1 is replaced by the following:
‘Article 1
Subject matter
1. This Regulation lays down detailed rules for:
(a) different ratings for pilot licences, the conditions for issuing, maintaining,
amending, limiting, suspending or revoking pilot licences, the privileges and
responsibilities of the holders of pilot licences, the conditions for the
conversion of existing national pilot licences and of national flight engineer
licences into pilot licences, as well as the conditions for the acceptance of
pilot licences issued by third countries;
( 5) https://www.easa.europa.eu/document-library/opinions
EN 2 EN
(b) the certification of persons that are responsible for providing flight training
or flight simulation training and for assessing pilots’ skills;
(c) different medical certificates for pilots, the conditions for issuing,
maintaining, amending, limiting, suspending or revoking medical certificates,
the privileges and responsibilities of the holders of medical certificates as well
as the conditions for the conversion of national medical certificates into
mutually recognised medical certificates;
(d) the certification of aero-medical examiners, as well as the conditions under
which general medical practitioners may act as aero-medical examiners;
(e) the periodical aero-medical assessment of cabin crew members, as well as the
qualifications of persons who are responsible for this assessment;
(f) the conditions for issuing, maintaining, amending, limiting, suspending or
revoking cabin crew attestations, as well as the privileges and responsibilities
of the holders of cabin crew attestations;
(g) the conditions for issuing, maintaining, amending, limiting, suspending or
revoking certificates of pilot training organisations and of aero-medical
centres involved in the qualification and aero-medical assessment of civil
aviation aircrew;
(h) the requirements for the certification of flight simulation training devices and
for organisations that operate and use those devices;
(i) the requirements for the administration and management system to be
fulfilled by the Member States, the European Union Aviation Safety Agency
and the organisations in relation with the rules referred to in points 1(a) to (h).
2. Articles 11b and 11c as well as Annex IV (Part-MED), Annex VI (Part-ARA),
Annex VI (Part-ORA) and Annex VIII (Part-DTO) to this Regulation shall apply to
pilot licences for balloons and sailplanes in accordance with Commission
Regulation (EU) 2018/395 and Commission Implementing Regulation (EU)
2018/1976.’;
(2) in Article 2, paragraph 19 is replaced by the following:
‘(19) “flight instructor (FI)” means an instructor with the privileges to provide training in
an aircraft in accordance with Subpart J of Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011, Subpart FI of Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395, or Subpart FI of Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976;’;
(3) the following Article 4c is inserted:
‘Article 4c
Transitional measures for holders of an en route instrument rating
1. Holders of an en route instrument rating (EIR), as set out in point FCL.825 of
Annex I (Part-FCL) prior to the application of [INSERT REFERENCE TO
AMENDING REGULATION], shall, until [INSERT DATE OF FIRST
ANNIVERSARY OF START OF APPLICATION OF AMENDING REGULATION]:
(a) be entitled to continue to exercise the privileges of their EIR;
EN 3 EN
(b) receive revalidation or renewal of their EIR, in accordance with point
FCL.825(g) as in force prior to the application of [INSERT REFERENCE TO
AMENDING REGULATION] in such way that the validity date of the EIR
will end on [INSERT DATE OF FIRST ANNIVERSARY OF START OF
APPLICATION OF AMENDING REGULATION] at the latest;
(c) receive full credit towards the training requirements in point
FCL.835(c)(2)(i)(A) and (C), when applying for the issue of a basic
instrument rating (BIR) in accordance with point FCL.835 of Annex I (Part-
FCL); and
(d) receive full credit as established for EIR holders in Annex I (Part-FCL) before
[INSERT REFERENCE TO AMENDING REGULATION] applied.
2. Training courses for an EIR as referred to in paragraph 1 that commenced prior to
the application of [INSERT REFERENCE TO AMENDING REGULATION] shall,
from [INSERT DATE OF START OF APPLICATION OF AMENDING
REGULATION], be continued as training courses for a BIR. The approved training
organisation that is responsible for the BIR training course shall, based on an
assessment of the applicant, determine the amount of EIR training to be credited.
3. Applicants for a BIR who, in accordance with point FCL.825(g) as in force prior to
the application of [INSERT REFERENCE TO AMENDING REGULATION], hold
an EIR or have passed the theoretical knowledge examination for an EIR, shall
receive full credit towards the requirements for the theoretical knowledge
instruction and examination for the BIR.
(4) Article 11c is replaced by the following:
‘Article 11c
Transitional measures
As regards organisations that provide training for pilot licences in accordance with
Commission Regulation (EU) 2018/395 and Commission Implementing Regulation (EU)
2018/1976 and for which the European Union Aviation Safety Agency is the competent
authority in accordance with Article 78 of Regulation (EU) 2018/1139:
(a) Member States shall transfer to EASA all records related to the oversight of such
organisations by 8 April 2021 at the latest;
(b) certification processes initiated before 8 April 2020 by a Member State shall be
concluded by that Member State in coordination with the European Union Aviation
Safety Agency which shall assume all its responsibilities as competent authority
concerning such organisations after the issuing of the certificate by that Member
State.’;
(5) in Article 12, paragraph 2a is deleted;
(6) Annex I (Part-FCL) is amended in accordance with Annex I to this Regulation;
(7) Annex III (Conditions for the acceptance of licences issued by or on behalf of third
countries) is amended in accordance with Annex II to this Regulation;
(8) Annex IV (Part-MED) is amended in accordance with Annex III to this Regulation;
(9) Annex VI (Part-ARA) is amended in accordance with Annex IV to this Regulation;
(10) Annex VII (Part-ORA) is amended in accordance with Annex V to this Regulation;
EN 4 EN
(11) Annex VIII (Part-DTO) is amended in accordance with Annex VI to this Regulation.
Article 2
1. This Regulation shall enter into force on the twentieth day following that of its
publication in the Official Journal of the European Union.
2. This Regulation shall apply from 8 April 2020.
However, the following shall apply from the day referred to in paragraph 1:
(a) Article 1(3);
(b) having regard to Article 1(6), points (1)(e); (4)(b); (5); (6); (7); (32); (34);
(36)(d); (40)(a); (41); (42); (43); (45); (46); (47); (50)(f); (51); (52); (53); (54) and
(55) of Annex I to this Regulation;
(c) having regard to Article 1(8), point (b) of Annex III to this Regulation;
(d) having regard to Article 1(9), point (8)(d)(ii) of Annex IV to this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Commission
The President
[…]
EN 5 EN