(Utkast) Kommisjonens gjennomføringsforordning om endring av forordning (EU) No 1178/2011 om fastsettelse av tekniske krav og administrative framgangsmåter for besetninger i sivil luffart i samsvar med europaparlaments- og rådsforordning (EF) nr. 216/2008
(Draft) Commission Implementing Regulation 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
Utkast til kommisjonsforordning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 12.12.2019
BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)
(1) Commission Regulation (EU) No 1178/2011 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.
(2) In light of the specific nature of flight crew licensing for balloons and sailplanes, dedicated licensing requirements should be laid down in separate regulations, namely in Commission Regulation (EU) 2018/395 and Commission Implementing Regulation (EU) 2018/1976 .
(3) At the same time, the licensing requirements for balloon and sailplane pilot licences laid down in Annex I (Part-FCL) to Regulation (EU) No 1178/2011 should be deleted and some 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 light of 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 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 encouraged to obtain privileges for flying in accordance with instrument flight rules (‘IFR’). Therefore, the existing rules concerning IFR privileges should be adapted by introducing the basic instrument rating (‘BIR’) in Annex I (Part-FCL) to Regulation (EU) No 1178/2011. The BIR should be specifically tailored to the needs of pilots who 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 en route instrument rating (‘EIR’) in point FCL.825 of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 becomes redundant and therefore it should be deleted. However, the existing EIR holders should be entitled to continue to exercise their privileges and should receive credits from their EIR when they seek to obtain a BIR. It should also be possible to continue an on-going training for an EIR that commenced prior to the application of this Regulation and to complete it as training for a BIR.
(7) Technical update to Regulation (EU) No 1178/2011 should be made on basis of lessons learned in particular in the area of Performance Based Navigation (PBN), Upset Prevention and Recovery Training (UPRT) and instructor and examiner qualifications.
(8) The measures provided for in this Regulation are based on Opinion No 01/2019 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