Frequently asked questions
- When will the new rules on pilot licensing be applicable?
- What is the difference between the terms ‘FCL (Flight Crew Licensing)’ and ‘Aircrew’?
- How can a national pilot licence be converted into an EASA pilot licence?
- How can a national pilot licence be converted into a Part-FCL licence?
- How can a third country (non-EU) licence be converted into a Part-FCL licence?
- Will a licence issued in accordance with JAR-FCL requirements still be valid once the new rules become applicable?
- Will a national licence that does not comply with JAR-FCL requirements still be valid once the new rules become applicable?
- Could the Agency assist with interpreting the JAR-FCL requirements?
- To whom can an appeal against the examination/test/check results be sent?
- Could the Central Question Bank (CQB) be published?
- How can a military licence be converted to a civilian one?
- Part-FCL does not include any provisions to allow cloud flying for sailplane pilots. Does this mean that the Agency intends to exclude this possibility?
- Is it correct that EASA is actually working on the training and checking requirements for the instrument rating?
Air operations
- When will the new rules on air operations be applicable?
- Will transition measures apply and where are these measures defined?
- Will the existing certificates and approvals continue to be valid?
- Do the new EASA rules also apply to non-commercial operations?
- I am not familiar with the new rule structure. Which parts apply to me?
Medical
Sorry, under construction
Third country operators
Sorry, under construction
General
Will the new rules be available in all official languages of the European Union and where are the rules published?
The new requirements (on aircrew, air operations and third country operators) will consist of:
- a Cover Regulation,
- Annexes containing Implementing Rules,
- Acceptable Means of Compliance (AMC) and Guidance Material (GM),
- Certification Specifications (e.g. for the qualification of flight simulation training devices, or on flight time limitations).
The first two are finalised by the European Commission and are/will be published in the Official Journal of the European Union.
Commission Regulation (EU) No 1178/2011 containing the first four annexes of the Aircrew Regulation was published in the Official Journal on 25 November 2011.
The remaining three annexes of the Aircrew Regulation were published in the Official Journal as Commission Regulation (EU) No 290/2012 on 5 April 2012 (further information is available here).
The Official Journal is published in all the official languages of the EU.
Acceptable Means of Compliance (AMC), Guidance Material (GM) and Certification Specifications (CS) are published on the Agency website, as Decisions. As these need to take into account any changes made to the Cover Regulation and Implementing Rules by the EASA Committee, European Parliament and Council, the Decisions are published shortly after the date when their corresponding regulations have been published in the Official Journal. These are available in English only.
Last updated: 11/04/2012
Licensing
When will the new rules on pilot licensing be applicable?
The new Implementing Rules implementing the requirements set out in Regulation (EC) No 216/2008 in the field of pilot licensing were published as Commission Regulation (EU) No 1178/2011 on Aircrew in the Official Journal of the European Union on 25 November 2011.
In November 2011, the first four annexes to Commission Regulation (EU) No 1178/2011 on Aircrew were published:
- Annex I – Part-FCL (flight crew licensing)
- Annex II – Conditions for the conversion of existing national licences and ratings for aeroplanes and helicopters
- Annex III – Conditions for the acceptance of licences issued by or on behalf of third countries
- Annex IV – Part-MED (Medical).
The remaining annexes were published in the Official Journal of the European Union on 5 April 2012 as Commission Regulation (EU) No 290/2012 amending Commission Regulation (EU) No 1178/2011 on Aircrew. These annexes are:
- Annex V – Part-CC (cabin crew)
- Annex VI – Part-ARA (authority requirements for aircrew)
- Annex VII – Part-ORA (organisation requirements for aircrew)
As stated in Article 12 paragraph 1 of Commission Regulation (EU) No 1178/2011 on Aircrew, the application date is 8 April 2012, though by way of derogation from this paragraph in accordance with Article 1 paragraph (6) and Article 2 paragraph 2. (a) of Commission Regulation (EU) No 290/2012, Member States may decide not to apply the provisions of aforementioned Annexes until 8 April 2013.
The amending Regulation introduced additional transition measures deferring the applicability of certain Implementing Rules to a later date. Therefore the exact date of applicability of each requirement depends on the transition measures introduced by the Member States.
Until the date the new Implementing Rules apply, Member States’ national rules remain in force.
The related Acceptable Means of Compliance and Guidance Material to:
- Part-FCL were published as Decision 2011/016/R of 15 December 2011;
- Part-MED were published as Decision 2011/015/R of 15 December 2011;
- Part-CC were published as Decision 2012/005/R of 19 April 2012;
- Part-ARA were published as Decision 2012/006/R of 19 April 2012;
- Part-ORA were published as Decision 2012/007/R of 19 April 2012.
Last updated: 27/04/2012
What is the difference between the terms ‘FCL (Flight Crew Licensing)’ and ‘Aircrew’?
‘Aircrew’ is the common term for ‘Flight Crew’ and ‘Cabin Crew’.
The new Implementing Rules cover both flight crew and cabin crew, and were published as Commission Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew and its amending Regulation (EU) No 290/2012 (further information is available here).
Annex I to the above-mentioned Regulation on Aircrew contains Implementing Rules for Flight Crew (Part-FCL).
Annex V to this Regulation on Aircrew contains Implementing Rules for Cabin Crew (Part-CC).
Last updated: 11/04/2012
How can a national pilot licence be converted into an EASA pilot licence?
In accordance with Regulation (EC) No 216/2008 in the field of pilot licensing, the Agency is not authorised to issue pilot licences and therefore there will not be any EASA pilot licence in the future.
According to Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 on Aircrew, the title of a new licence issued in accordance with this Annex is a Part-FCL licence.
National licences shall be converted into Part-FCL licences by the competent authority of the Member State that issued the national licence in accordance with Article 4 of Commission Regulation (EU) No 1178/2011 on Aircrew and its amending Commission Regulation (EU) No 290/2012.
Conclusion:
The competent authorities of Member States will convert and issue Part-FCL licences and not the Agency.
Last updated: 11/04/2012
How can a national pilot licence be converted into a Part-FCL licence?
Existing national pilots’ licences will be converted in accordance with Article 4 of Commission Regulation (EU) No 1178/2011 on Aircrew and its amending Commission Regulation (EU) No 290/2012.
JAR-compliant licences issued or recognised by the Member State before the applicability of Commission Regulation (EU) No 1178/2011 on Aircrew shall be deemed to have been issued in accordance with this Regulation, and shall be replaced with a Part-FCL licence by 8 April 2018 at the latest.
Non-JAR-compliant licences, including any associated ratings, certificates, authorisations and/or qualifications issued or recognised by the Member State before applicability of Commission Regulation (EU) No 1178/2011 on Aircrew shall be converted into Part-FCL licences by the Member State that issued the licence in accordance with the provisions of Annex II to that Regulation or the requirements laid down in a conversion report.
As stated in Commission Regulation (EU) No 1178/2011 on Aircrew, the application date is 8 April 2012, though flexibility is introduced via transition measures contained in Article 12 of Regulation (EU) No 1178/2011 on Aircrew and Article 1 paragraph (6) of Regulation (EU) No 290/2012.
Last updated: 11/04/2012
How can a third country (non-EU) licence be converted into a Part-FCL licence?
Pilots’ licences issued by third countries will be accepted in accordance with Article 8 of Commission Regulation (EU) No 1178/2011 on Aircrew .
According to paragraph 1 of this Article 8, the Member State may accept your third country licence, and the associated medical certificate, in accordance with the provisions of Annex III to the Regulation.
For the issue of a Part-FCL licence, the holder of at least an equivalent third country licence issued in accordance with ICAO Annex 1 shall comply with all the relevant requirements of Annex I to the Regulation (Part-FCL), except that the requirements of course duration, number of lesson and specific training hours may be reduced.
The competent authority of the Member State to which an applicant applies will determine the conversion requirements, which can be reduced on the basis of a recommendation from an approved training organisation.
Even though Regulation (EC) No 216/2008 has extended EU competence to flight crew licensing (FCL), until Commission Regulation (EU) No 1178/2011 on Aircrew becomes applicable in the Member State, Member State's national rules remain in force.
The currently applicable national rules are based on JAR-FCL, but some national variations exist.
Therefore, the national aviation authority of the Member State where an applicant resides or wishes to work should be contacted for further information concerning the applicable acceptance requirements.
To find a list of the national aviation authorities that have been recommended for mutual recognition under JAR-FCL on the JAA website, please follow this link.
Last updated: 11/04/2012
Will a licence issued in accordance with JAR-FCL requirements still be valid once the new rules become applicable?
Commission Regulation (EU) No 1178/2011 on Aircrew contains transition measures to ensure that JAR-FCL licences issued by Member States in accordance with JAR-FCL requirements and procedures will be grandfathered.
This means that holders of JAR-FCL compliant licences can continue to exercise the privileges of their licences after Commission Regulation (EU) No 1178/2011 on Aircrew applies, without the need for any further administrative procedures, but these licences shall be replaced with Part-FCL licences by 8 April 2018 at the latest. Further information can be found in paragraph 3 of Article 1 of Commission Regulation (EU) No 290/2012 on Aircrew (which amends the date of 8 April 2017 as stated in paragraph 1 of Article 4 of Commission Regulation (EU) No 1178/2011).
Please note that Member States are not forced to replace valid JAR licences before the end of their validity period as these licences will be deemed to have been issued under the Part-FCL requirements.
Last updated: 27/04/2012
Will a national licence that does not comply with JAR-FCL requirements still be valid once the new rules become applicable?
Once Commission Regulation (EU) No 1178/2011 on Aircrew becomes applicable in a certain Member State, it will no longer be possible to fly with a licence that does not comply with those requirements (except in the case of aircraft included in Annex II to Regulation (EC) No 216/2008, according to Article 4(5)).
Consequently, a national licence will need to be converted into a Part-FCL licence. To deal with those licences issued by Member States in accordance with national rules deviating from JAR-FCL, transition measures have been established in Commission Regulation (EU) No 1178/2011 on Aircrew. These transition measures foresee a certain amount of time to convert the national licences into fully compliant Part-FCL licences.
As stated in Article 12 of Commission Regulation (EU) No 1178/2011 on Aircrew, the application date is 8 April 2012, though by way of derogation from this paragraph, Member States may decide not to apply the provisions of Annex I related to pilot licences of powered-lift aircraft, balloons, airships and sailplanes until 8 April 2015.
Member States may also decide not to convert non-JAR-compliant aeroplane and helicopter licences that they have issued until 8 April 2014.
Non-JAR compliant national licences may be converted into Part-FCL licences by the competent authority as follows:
- for aeroplanes and helicopters, in accordance with the requirements of Annex II to Commission Regulation (EU) No 1178/2011 on Aircrew ;
- for other categories of aircraft, on the basis of a conversion report drawn up by the competent authority.
Last updated: 11/04/2012
Could the Agency assist with interpreting the JAR-FCL requirements?
JAR-FCL was drafted to harmonise European regulations on flight crew licensing in order to facilitate mutual recognition of licences and ratings. However, the Joint Aviation Requirements (JAR) (see the JAA publications) have been implemented under national law and under the full responsibility of each Member State.
Therefore the Rulemaking Directorate is not in the position to interpret or make comments on JAR-FCL requirements. In addition, please note that the Agency cannot intervene in cases where the national JAR text deviates from the original.
The national aviation authorities are responsible for interpreting and implementing JAR-FCL requirements.
We therefore recommend that for assistance in interpreting the JAR-FCL requirements, the national aviation authorities should be contacted directly.
A list of the national aviation authorities can be found here.
Last updated: 11/04/2012
To whom can an appeal against the examination/test/check results be sent?
If an applicant does not agree with the result of his/her assessment, he/she can only resolve this problem at the national level.
An applicant cannot apply ‘to the EASA management’ regarding a decision taken by his/her national aviation authority. Appeals to the Agency can only be made against decisions of the Agency.
Therefore the applicant should resolve this problem on the national level by sending his/her complaints to the national body dealing with complaints against state authorities.
Last updated: 29/02/2012
Could the Central Question Bank (CQB) be published?
The CQB is owned collectively by the former JAA Member States. It is not the property of a single Member State nor can this be delineated to attribute a percentage of ownership to each Member State. The Agency is the administrator of the collective copyright of the CQB, following an agreement supported by the JAA Board and the JAA Committee on the 28th of May 2009.
The Agency and the national aviation authorities still have to follow the Joint Implementation Procedures.
The following is stated in the JAA Administrative Guidance Material, Section 5, Part 2, Chapter 10.2.5:
“The issue of the CQB examination questions to National Authorities does not constitute a transfer of ownership or copyright of those questions which are at the disposal of the Authorities for compiling examination papers only. Consequently, the Authorities are reminded that they are responsible for maintaining the confidentiality of the CQB, and its translations, and may not disclose its contents.”
Therefore, in the light of these considerations and due to the high sensitivity of the database (especially in relation to the substantial investment in both intellectual and monetary terms) and considering the provisions of the Berne Convention for the Protection of Literary and Artistic Works, of the TRIPS agreement and of Directive 96/9/EC on the legal protection of databases, it is the understanding of the Agency that any form of unauthorised disclosure of proprietary information would constitute an instance of violation of the intellectual property rights of the JAA Member States, individually and collectively.
Last updated: 29/02/2012
How can a military licence be converted to a civilian one?
Even though Regulation (EC) No 216/2008 has extended EU competence to flight crew licensing (FCL), until Commission Regulation (EU) No 1178/2011 on Aircrew becomes applicable, Member States’ national rules remain in force.
Under the currently valid JAR-FCL rules, credit can be given to a pilot holding a military licence who is applying for a civilian licence. The applicable paragraph in JAR-FCL 1.020 (aeroplane) / JAR-FCL 2.020 (helicopter) reads:
“Military flight crew applying for licences and ratings specified in JAR-FCL shall apply to the Authority of the State for which they serve(d). The knowledge, experience and skill gained in military service will be credited towards the relevant requirements of JAR-FCL licences and ratings at the discretion of the Authority. …..”
The JAR-FCL requirements are implemented under national law and can differ between Member States.
Therefore, the national aviation authority of the Member State where the pilot serves(-d) should be contacted and asked for information concerning the applicable requirements for converting military licences.
The EU rules for converting military licences can be found in Commission Regulation (EU) No 1178/2011 on Aircrew.. It is stated in Article 10 that the knowledge, experience and skill gained in military service shall be credited towards the relevant requirements of Part-FCL in accordance with the principles of a credit report established by the competent authority of the Member State where a pilot served, in consultation with the Agency.
Last updated: 11/04/2012
Part-FCL does not include any provisions to allow cloud flying for sailplane pilots. Does this mean that the Agency intends to exclude this possibility?
Not at all. The Agency considered that this issue needed to be discussed in a specific rulemaking task on general conditions for flying in instrument meteorological conditions (IMC) – rulemaking task FCL.008 / RMT.0198, 0199.
The Agency started working on this rulemaking task at the end of 2008. It covers the review of the requirements for flying in IMC (aeroplanes and sailplanes).
The Notice of Proposed Amendment (NPA 2011-16) was published in September 2011 for public consultation and contains a specific proposal for cloud flying with sailplanes.
The Agency has proposed that adequate transition measures should be included in Commission Regulation (EU) No 1178/2011 on Aircrew to allow sailplane pilots holding a specific cloud flying rating to continue to exercise their privileges until the adoption of the requirements resulting from task FCL.008 / RMT.0198, 0199.
Last updated: 11/04/2012
Is it correct that EASA is actually working on the training and checking requirements for the instrument rating?
Yes, this is correct. The Agency initiated a task referenced RMT.0198 and RMT.0199 (former FCL.008) in order to review the existing requirements for the Instrument Rating (IR) and to consider if, especially for private pilots, a more accessible IR should be developed.
A rulemaking group was established at the end of 2008. Based on the draft proposals of this group the Agency published a Notice of Proposed Amendment (NPA 2011-16 ) in September 2011.In the coming months the Agency will review the comments received and evaluate which elements have to be amended and changed.
The Agency has proposed that adequate transition measures should be included in Commission Regulation (EU) No 1178/2011 on Aircrew to allow holders of aeroplane licences with national instrument ratings to continue to exercise their privileges until the adoption of the requirements resulting from task FCL.008 / RMT.0198, 0199.
Last updated: 11/04/2012
Air operations
When will the new rules on air operations be applicable?
The European Commission intends to adopt the new EU rules in the field of air operations during 2012. The Cover Regulation and Annexes will be published in the Official Journal of the European Union. The corresponding AMC, GM and CS will be adopted by the Executive Director of EASA and published on the Agency website.
The Agency is publishing the Opinions containing the draft requirements in stages (further information is available here).
The first OPS Opinion (Opinion 04/2011 containing the requirements for authorities, organisations, commercial air transport (CAT) operations of aeroplanes and helicopters, operations requiring specific approvals) has been passed onto the Commission, which is responsible for processing the rules for their adoption by the European institutions.
The Agency will publish the remaining elements of OPS in 2012, consisting of the outstanding rules of Annex IV (Part-CAT (S+B, A-A): commercial air transport, sailplanes and balloons, A-to-A operations), Annex VI (Part-NCC: non-commercial operations with complex motor-powered aircraft), Annex VII (Part-NCO: non-commercial operations with other-than-complex motor-powered aircraft), Annex VIII (Part-SPO: specialised operations, i.e. aerial work). Further information is available here.
Once the Implementing Rules have been adopted, it is still possible that transition measures defer their applicability to a later date. Therefore, the exact date of applicability of each requirement will depend on the transition measures adopted by the Commission. Until the date the new Implementing Rules apply, Member States’ national rules and EU-OPS for CAT aeroplanes remain in force.
Last updated: 13/03/2012
Will transition measures apply and where are these measures defined?
The Agency proposes some transition measures to the Commission in its Opinions. The intent of the Agency is to make the transition to the new rules as seamless as possible but to grant appropriate transitions periods where operational needs require them. The final decision on transition measures is taken during the comitology process.
Last updated: 13/03/2012
Will the existing certificates and approvals continue to be valid?
EASA proposes in Opinion 04/2011 to the European Commission that all air operator certificates and specific approvals that were issued in full compliance with Council Regulation (EEC) No 3922/1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (EU-OPS is Annex III of this Regulation) will be grandfathered. This means that these certificates continue to be valid.
Last updated: 13/03/2012
Do the new EASA rules also apply to non-commercial operations?
Yes, the new rules will also apply to non-commercial operations. For general aviation and business/corporate aviation, the applicable rules are partly determined by the type of aircraft being flown: Annex VI (Part-NCC: non-commercial operations with complex motor-powered aircraft) or Annex VII (Part-NCO: non-commercial operations with other-than-complex motor-powered aircraft) will apply. The definition of complex motor-powered aircraft is found in Article 3 of the Basic Regulation and is as follows:
‘complex motor-powered aircraft’ shall mean:
(i) an aeroplane:
with a maximum certificated take-off mass exceeding 5 700 kg, or
— certificated for a maximum passenger seating configuration of more than nineteen, or
— certificated for operation with a minimum crew of at least two pilots, or
— equipped with (a) turbojet engine(s) or more than one turboprop engine, or(ii) a helicopter certificated:
— for a maximum take-off mass exceeding 3 175 kg, or
— for a maximum passenger seating configuration of more than nine, or
— for operation with a minimum crew of at least two pilots,
or(iii) a tilt rotor aircraft
The definition for ‘commercial operation’ is also contained in Article 3 of the Basic Regulation:
(i) ‘commercial operation’ shall mean any operation of an aircraft, in return for remuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and customer, where the latter has no control over the operator;
Training flights fall under either Part-NCC or Part-NCO, depending on the aircraft being flown.
In addition, Part-SPA applies to any operations requiring a specific approval (e.g. low visibility operations, transport of dangerous goods, performance-based navigation and more).
Finally, Annexes II and III contain respectively the authority and organisation requirements regarding air operations. Annex III applies to operators of complex motor-powered aircraft, both commercial and non-commercial.
Please note that draft Opinion 04/2011 is proceeding through the adoption process via the European institutions, and could be subject to change.
Last updated: 13/03/2012
I am not familiar with the new rule structure. Which parts apply to me?
The new OPS rules contain eight annexes:
- Annex I Definitions provides explanations for terms that are used throughout the Annexes and for certain terms in the Cover Regulation.
- Annex II Part-ARO (authority requirements for air operations) is applicable to competent authorities only.
- Commercial air transport operators shall comply with Annex III (Part-ORO, organisation requirements for air operations), Annex IV Part-CAT and, if conducting operations requiring specific approvals, Annex V Part-SPA. The Cover Regulation contains a definition for CAT operations.
- Non-commercial operators of complex-motor-powered aircraft shall comply with Annex III Part-ORO and Annex VI Part-NCC. If conducting operations requiring specific approvals, Annex V Part-SPA is also applicable. See also the FAQ ‘do the new EASA rules also apply to non-commercial operations?’
- Non-commercial operators of other-than-complex motor-powered aircraft (this term also includes sailplanes and balloons) shall comply with Annex VII Part-NCO. If conducting operations requiring specific approvals, Annex V Part-SPA is also applicable.
- Operators conducting specialised operations such as aerial work shall comply with Annex VIII Part-SPO. Specialised non-commercial operators of complex motor-powered aircraft and all specialised commercial operators shall comply in addition with Annex III Part-ORO. If conducting operations requiring specific approvals, Annex V Part-SPA is also applicable.
Medical
Sorry, under construction
Third country operators
Sorry, under construction
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