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 (1)

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25.11.2011 Official Journal of the European Union L 311/1

EN

II (Non-legislative acts)

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

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC

( 1

), and in particular Articles 7(6), 8(5) and 10(5) thereof,

Whereas:

(1) Regulation (EC) No 216/2008 aims at establishing and maintaining a high uniform level of civil aviation safety in Europe. That Regulation provides for the means of achieving that objective and other objectives in the field of civil aviation safety.

(2) Pilots involved in the operation of certain aircraft, as well as flight simulation training devices, persons and organisations involved in training, testing or checking of those pilots, have to comply with the relevant essential requirements set out in Annex III to Regulation (EC) No 216/2008. According to that Regulation pilots as well as persons and organisations involved in their training should be certified once they have been found to comply with essential requirements.

(3) Similarly, pilots should be issued with a medical certificate and aero-medical examiners, responsible for assessing the medical fitness of pilots, should be certified once they have been found to comply with the relevant essential requirements. However, Regulation (EC) No 216/2008 envisages the possibility of general medical practitioners to act as aero-medical examiners under certain conditions and if permitted under national law.

(4) Cabin crew involved in the operation of certain aircraft have to comply with the relevant essential requirements set out in Annex IV to Regulation (EC) No 216/2008. According to that Regulation, cabin crew should be periodically assessed for medical fitness to safely exercise their assigned safety duties. Compliance must be shown by an appropriate assessment based on aero-medical best practice.

(5) Regulation (EC) No 216/2008 requires the Commission to adopt the necessary implementing rules for establishing the conditions for certifying pilots as well as persons involved in their training, testing or checking, for the attestation of cabin crew members and for the assessment of their medical fitness.

(6) The requirements and procedures for the conversion of national pilot licences and national flight engineer licences into pilot licences should be laid down, to ensure that they are allowed to perform their activities under harmonised conditions; flight test qualifications should also be converted in accordance with this Regulation.

(7) It should be possible for Member States to accept licences issued by third countries where a level of safety equivalent to that specified by Regulation (EC) No 216/2008 can be guaranteed; Conditions for the acceptance of licences issued by third countries should be laid down.

( 1 ) OJ L 79, 19.3.2008, p. 1.

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(8) In order to ensure that training commenced before the application of this Regulation may be taken into account for the purposes of obtaining pilots' licences, the conditions for recognising training already completed should be laid down; the conditions for recognising military licences should also be laid down.

(9) It is necessary to provide sufficient time for the aeronautical industry and Member State administrations to adapt to the new regulatory framework, to allow Member States the time to issue specific types of pilot licences and medical certificates not covered by the 'JAR', and to recognise under certain conditions the validity of licences and certificates issued, as well as aero-medical assessment performed, before this Regulation applies.

(10) Council Directive 91/670/EEC of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation

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) is repealed in accordance with Article 69(2) of Regulation (EC) No 216/2008. The measures adopted by this Regulation are to be regarded as the corresponding measures.

(11) In order to ensure a smooth transition and a high uniform level of civil aviation safety in the Union, implementing measures should reflect the state of the art, including best practices, and scientific and technical progress in the field of pilot training and aircrew aero-medical fitness. Accordingly, technical requirements and administrative procedures agreed by the International Civil Aviation Organisation (ICAO) and the Joint Aviation Authorities until 30 June 2009 as well as existing legislation pertaining to a specific national environment, should be considered.

(12) The Agency prepared draft implementing rules and submitted them as an opinion to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.

(13) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down detailed rules for:

(1) different ratings for pilots' licences, the conditions for issuing, maintaining, amending, limiting, suspending or revoking licences, the privileges and responsibilities of the holders of licences, the conditions for the conversion of existing national pilots' licences and of national flight engineers' licences into pilots' licences, as well as the conditions for the acceptance of licences from third countries;

(2) the certification of persons responsible for providing flight training or flight simulation training and for assessing pilots' skills;

(3) 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 commonly recognised medical certificates;

(4) the certification of aero-medical examiners, as well as the conditions under which general medical practitioners may act as aero-medical examiners;

(5) the periodical aero-medical assessment of cabin crew members, as well as the qualification of persons responsible for this assessment.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1) 'Part-FCL licence' means a flight crew licence which complies with the requirements of Annex I;

(2) 'JAR' means joint aviation requirements adopted by the Joint Aviation Authorities as applicable on 30 June 2009;

(3) 'Light aircraft pilot licence (LAPL)' means the leisure pilot licence referred to in Article 7 of Regulation (EC) No 216/2008;

(4) 'JAR-compliant licence' means the pilot licence and attached ratings, certificates, authorisations and/or qualifications, issued or recognised, in accordance with the national legislation reflecting JAR and procedures, by a Member State having implemented the relevant JAR and having being recommended for mutual recognition within the Joint Aviation Authorities' system in relation to such JAR;

(5) 'Non-JAR-compliant licence' means the pilot licence issued or recognised by a Member State in accordance with national legislation and not having been recommended for mutual recognition in relation to the relevant JAR;

( 1 ) OJ L 373, 31.12.1991, p. 21.

25.11.2011 Official Journal of the European Union L 311/3

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(6) 'Credit' means the recognition of prior experience or qualifications;

(7) 'Credit report' means a report on the basis of which prior experience or qualifications may be recognised;

(8) 'Conversion report' means a report on the basis of which a licence may be converted into a Part-FCL licence;

(9) 'JAR-compliant pilots' medical certificate and aero-medical examiners' certificate' means the certificate issued or recognised, in accordance with the national legislation reflecting JAR and procedures, by a Member State having implemented the relevant JAR and having been recommended for mutual recognition within the Joint Aviation Authorities' system in relation to such JAR;

(10) 'Non-JAR-compliant pilots' medical certificate and aero-medical examiners' certificate' means the certificate issued or recognised by a Member State in accordance with national legislation and not having been recommended for mutual recognition in relation to the relevant JAR.

Article 3

Pilot licensing and medical certification

Without prejudice to Article 7, pilots of aircraft referred to in Article 4(1)(b) and (c) and Article 4(5) of Regulation (EC) No 216/2008 shall comply with the technical requirements and administrative procedures laid down in Annex I and Annex IV to this Regulation.

Article 4

Existing national pilots' licences

1. JAR-compliant licences issued or recognised by a Member State before 8 April 2012 shall be deemed to have been issued in accordance with this Regulation. Member States shall replace these licences with licences complying with the format laid down in Part-ARA by 8 April 2017 at the latest.

2. Non-JAR-compliant licences including any associated ratings, certificates, authorisations and/or qualifications issued or recognised by a Member State before the applicability of this Regulation shall be converted into Part-FCL licences by the Member State that issued the licence.

3. Non-JAR-compliant licences shall be converted into Part-FCL licences and associated ratings or certificates in accordance with:

(a) the provisions of Annex II; or

(b) the elements laid down in a conversion report.

4. The conversion report shall:

(a) be established...

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