OTSUS
Tallinn 06.04.2018 nr 1.1-11/18/101
Üldlennundusega ning häireolukorra ennetamise ja lahendamise koolitusega (UPRT)
seotud Komisjoni määruse (EL) nr 1178/2011 sätete mittekohaldamine
Euroopa Parlamendi ja nõukogu määruse (EÜ) nr 216/2008 artikli 14 lõike 4,
lennundusseaduse § 7 lõike 11 alusel otsustan:
1. Mitte kohaldada Komisjoni määruse (EL) nr 1178/2011:
1.1 I lisa (FCL osa) purilennuki- ja õhupallipiloodi lube käsitlevaid sätteid;
1.2 VI lisa (ARA osa) ja VII lisa (ORA osa) käsitlevaid sätteid, mis on seotud
Komisjoni määruse (EL) nr 1178/2011 artikli 10a lõikes 3 ja Komisjoni määruse
(EL) nr 2015/445 artikli 3 lõikes 3 täpsustatud koolitusorganisatsioonidega;
1.3 I lisa (FCL osa) B alajao sätteid;
1.4 I lisa (FCL osa) punkte FCL.315.A, FCL.410.A (a) ja FCL.725.A (c).
2. Teavitada EASA-t erandi kohaldamisest otsusele lisatud vormiga (Lisa 1).
Käesolevat otsust on võimalik vaidlustada 30 päeva jooksul alates teatavakstegemisest esitades
kaebuse Tallinna Halduskohtusse halduskohtumenetluse seadustikus sätestatud korras või vaide
Lennuametisse haldusmenetluse seaduses sätestatud korras.
(allkirjastatud digitaalselt)
Kristjan Telve
peadirektor
European Aviation Safety Agency Form
Ref # [chrono/record num.]
Exemption notification
Article 14.4 of Regulation (EC) 216/2008
Exemption Notification form
This template is recommended to be used for notification of exemptions from Regulation (EU) No
1178/2011.
Once completed by the CA, this template should be sent to EASA (
[email protected]) as soon
as possible in advance of the formal notification via the Permanent Representation, to EASA, Member
States and the European Commission.
Notifying State
Member or Associated Estonia
State i
Reference of the 1.1-4/18/1681
notification from the
Stateii
Date of the notificationiii 06 April 2018
Exemption
Background information
NOTE:
This form contains applications for exemptions in accordance with Article 14
(4) of Regulation (EC) No 216/2008 with regard to the deferred publication
of an amending regulation to Commission Regulation (EU) No 1178/2011
and the connected deferred applicability of
(a) in relation to the general aviation domain:
(i) Annex VIII (Part-DTO) to Commission Regulation (EU) No
1178/2011;
(ii) extension of opt-outs related to sailplanes and balloons until
8 April 2020;
(iii) extension of opt-out from Subpart B of Annex I (Part-FCL)
to Commission Regulation (EU) No 1178/2011 until 8 April
2020; and
(b) deferral of application of current UPRT-provisions in Annex I
(Part-FCL) to Commission Regulation (EU) No 1178/2011 until 8
April 2019.
This form can be used for the notification of
- either some or all of the scenarios listed above in point (a), and
- in any case, point (b).
With regard to the scenarios listed above in point a), the scope of
this notification shall be defined by ticking the respective boxes in
the field “exempted requirements” below.
1. Bridging time gaps for GA-related rule changes
1.1. Mainly in the context of the EASA General Aviation (GA)
Roadmap’s activity to rework the requirements for the general
.
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aviation domain, opt-out and transitional provisions had been put
in place in Commission Regulation (EU) No 1178/2011 in order to
allow Member States to continue with the application of national
rules in the affected domains until a new, more proportionate,
regulatory framework will be in place.
1.2. For training organisations referred to in Article 10a (3) of
Commission Regulation (EU) No 1178/2011, this Article deferred
the applicability of the provisions of the Annexes VI (Part-ARA)
and VII (Part-ORA) of Commission Regulation (EU) No 1178/2011
until 8 April 2018.
1.3. For both licences and training organisations for sailplanes and
balloons, Article 12 (2a)(a) of Commission Regulation (EU) No
1178/2011 and Article 3 (3) of Regulation (EU) 2015/445)
provided opt-out from Annex I (Part-FCL), VI (Part-ARA) and VII
(Part-ORA) of Commission Regulation (EU) No 1178/2011 until 8
April 2018.
1.4. A new regulatory framework for training organisations for non-
commercial licences (Annex VIII (Part-DTO) to Commission
Regulation (EU) No 1178/2011) is currently in the process of
being adopted but will not be published and in force by 8 April
2018.
1.5. Two EASA rulemaking tasks (RMT.0654 and RMT.0701) are
currently performing a major revision of the provisions for balloon
and sailplane licences. In order to wait for the results of these
RMTs, the European Commission and the Member States have
already agreed on extending the opt-out referred to in point 1.3.
until 8 April 2020. This will be done with the the same amending
regulation that will introduce Part-DTO, but, as said above in
point 1.4., this amending regulation is currently in the process of
being adopted but will not be published and in force by 8 April
2018.
1.6. Finally, Article 12(2a)(b) of Commission Regulation (EU) No
1178/2011 provided opt-out for the application of Subpart B of its
Annex I (Part-FCL) (light aircraft pilot licences – LAPL) until 8
April 2018. The amending regulation mentioned in the previous
points will extend this opt-out until 8 April 2020, but, as already
explained, will not be published and in force by 8 April 2018.
1.7. As a consequence of the deferred publication and entry-into-force
of the said amending regulation, as of 8 April 2018:
- all training organisations for
- non-commercial aeroplane and helicopter licences (as
specified in Article 10a (3) of Commission Regulation (EU)
No 1178/2011); and
- sailplane and balloon licences (as specified in Article 3 (3)
of Commission Regulation (EU) 2015/445)
that still operate under national (including JAR) requirements
would be obliged to establish compliance with Part-ARA and
Part-ORA, although a few months later a simplified regulatory
framework (Part-DTO) tailored to the needs of the GA training
sector will enter into force and, in the case of sailplane and
balloon training organisations, the opt-out will be extended to
.
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8 April 2020;
- all sailplane and balloon pilots who still fly with national
licences would be obliged to obtain licences in accordance with
the current Part-FCL, although a few months later an opt-out
extension will be in force, again allowing them to continue to
fly under national rules until 8 April 2020.
- Pilots still flying with national licences within the scope of an
LAPL (points FCL.105 (a), FCL.105.A (a) and FCL.105.H of
Annex I (Part-FCL) to Commission Regulation (EU) No
1178/2011) would need to convert their licences into Part-FCL
licences although a few months later an extended opt-out
provision will be in force, again allowing them to continue to
fly with their national licences until 8 April 2020.
1.8. For legal, technical and administrative reasons, the situation
described above in point 1.7. should be avoided. Hence, Member
States have been informend by EASA of the possibility to notify
an exemption based on Article 14(4) of Regulation (EC) No
216/2008 is necessary in order to address the operational needs
for limited duration brought about by the said situation, taking
into account that the safety level is not adversely affected.
2. Bridging a time gap for an UPRT-related opt-out extension
2.1. In 2014, ICAO Annex I was amended in order to include
standards on upset prevention and recovery training (UPRT). In
order to establish interim compliance of Part-FCL with these ICAO
amendments on a general basis, Commission Regulation (EU) No
2015/445 introduced into Commission Regulation (EU) No
1178/2011 general UPRT provisions for training for the
commercial pilot licence (CPL) (point FCL.315.A), the multi-crew
pilot licence (MPL) (point FCL.410.A (a)) and multi-pilot aeroplane
type ratings (point FCL.725.A (c)) with the applicability date of 8
April 2018.
2.2. At the same time, the ongoing EASA rulemaking task RMT.0581
was developing detailed new requirements for a comprehensive
implementation of UPRT in Part-FCL, with the intention of having
this new regulatory framework in place by 8 April 2018, replacing
the general requirements introduced with Commission Regulation
(EU) No 2015/445.
2.3. These new UPRT requirements developed by RMT.0581 (see
Opinion No 06/2017) are now currently in the process of being
prepared for adoption but will not be published and in force by 8
April 2018. For this reason, the European Commission and the
Member States have already agreed on extending the deferred
application date for the general UPRT provisions introduced with
Commission Regulation (EU) No 2015/445 until 8 April 2019.
However, the respective amending regulation for changing the
relevant transitional provision (the same amending regulation as
referred to above in point 1) is currently in the process of being
adopted but will not be published and in force by 8 April 2018
either.
2.4. As a consequence, as of 8 April 2018, training organisations as
well as applicants for a CPL, an MPL or a multi-pilot aeroplane
.
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type rating would be required to comply with the general UPRT
provisions introduced with Commission Regulation (EU) No
2015/445, although in a few months time an amended
transitional provision in Commission Regulation (EU) No
1178/2011 will defer the application of these requirements until
8 April 2019.
2.5. For legal, technical and administrative reasons, the situation
described above in point 2.4. should be avoided. Hence, Member
States have been informend by EASA of the possibility to notify
an exemption based on Article 14(4) of Regulation (EC) No
216/2008 in order to address the operational needs for limited
duration brought about by the above mentioned situation, taking
into account that the safety level is not adversely affected.
Exempted requirementsiv With regard to point 1 in the field “background information”):
Note:
The ticked boxes constitute the scope of this exemption notification, and
the details of the exemption related to the specific “CASE”, as described
in the field “details of the exemption” below, will apply.
[CASE A] the provisions of Annex I (Part-FCL) to Commission
Regulation (EU) No 1178/2011 with regard to sailplane and balloon
licences;
[CASE B] the provisions of Annex VI (Part-ARA) and Annex VII
(Part-ORA) to Commission Regulation (EU) No 1178/2011 with
regard to training organisations as specified in Article 10a (3) of
Commission Regulation (EU) No 1178/2011 and Article 3 (3) of
Commission Regulation (EU) 2015/445;
[CASE C] the provisions of Subpart B of Annex I (Part-FCL) to
Commission Regulation (EU) No 1178/2011.
With regard to point 2 in the field “background information”):
Points FCL.315.A, FCL.410.A (a) and FCL.725.A (c) of Annex I (Part-FCL)
to Commission Regulation (EU) No 1178/2011.
Reason for notificationv
Repetitive exemption or extension □
Exemption granted for more than 2 months x
Aircraft Not applicable
type/model/variantvi
Serial no.vii Not applicable
Registrationviii Not applicable
Type of operationix Not applicable
Organisation or operator Training organisations, applicants for and holders of licences as specified in
or person whom the the field “details of exemption” (and with regard to point 1 in the field
exemption is granted tox “background information”, subject to the selection of “CASES” pursuant to
the field “Exempted requirements”.
Exemption applicability Issuance date Expiry date
.
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datexi
06/04/2018 Date of the start of applicability of the
amending regulation referred to
points 1.4., 1.5. and 2.3. in the field
“background information”.
Reference to previous date of the earlier exemption granted:
similar exemptions, if any
Not applicable
Details of the exemption With regard to point 1 in the field “background information”):
(attach the exemption)xii
Note:
Only the details related to those “CASES” the boxes of which have been
ticked in the field “exempted requirements” above are relevant.
Until the amending regulation referred to in point 1 is published and in force,
this exemption allows:
- [CASE A] applicants for and holders of national licences for
sailplanes and balloons to obtain licences in accordance with / to
continue to fly in compliance with national licensing requirements;
- [CASE B] training organisations as specified in Article 10a (3) of
Commission Regulation (EU) No 1178/2011 and Article 3 (3) of
Commission Regulation (EU) 2015/445 to continue providing training
in compliance with national (including JAR) requirements; and
- [CASE C] applicants for and holders of national licences for
aeroplanes and helicopters within the “LAPL scope” to obtain licences
in accordance with / to continue to fly in compliance with national
requirements.
With regard to point 2 in the field “background information”):
Until the amending regulation referred to in point 2 is published and in force,
this exemption allows:
- training organisations providing training for the CPL, the MPL and multi-
pilot type aeroplane type ratings not to adapt the respective training
programmes to be in compliance with the requirements listed in the field
“exempted requirements” (with regard to point 2); and
- applicants for a CPL, an MPL or a multi-pilot aeroplane type rating to be
issued with the licence or rating sought although their training course did
not include UPRT as per the requirements listed in the field “exempted
requirements” (with regard to point 2).
Reason for granting
exemptionxiii
unforeseen urgent operational circumstances □
Please detail:
operational needs of a limited duration x
Please detail:
The exemptions are granted in order to avoid the negative consequences of
the delay in the entry-into-force of the said amending regulation to
Commission Regulation (EU) No 1178/2011, as described above in the points
1.7. and 2.4.
.
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In case of non approved If applicable, please refer to the EASA Project number:
change/repair:xiv
Not applicable
Justifications of the
maintained Level of Level of safety is maintained – no mitigating measures applied.
Safety;
Mitigating measures, if
anyxv
Additional observationsxvi This notification includes the notification in accordance with Art 12
and statements (if any) (7) of Commission Regulation (EU) No 1178/2011 to announce that
Estonia is making use of the extended opt-out in the following
provisions of of Regulation (EU) No 1178/2011 as it is going to be
amended:
Art 12 (2a) (1) (sailplane and balloon licences)
Art 12 (2a)(2) (sailplane and balloon training
organisations)
Art 12 (2a)(3) (LAPL)
Contact Details of NAAxvii Estonian Civil Aviation Administration
Lõõtsa 5
11415 Tallinn
Estonia
Phone: +372 610 3500
E-mail:
[email protected]
Agency Use
Date received
Date and reference of
recommendation
This form should be used to provide the basic details regarding the exemptions to be notified as per Article 14(4) of
Regulation (EC) 216/2008. Provision of the data request in English will assist in processing the Agency
recommendation in a timely manner
For instructions, please see details next page.
i
State where the notification of exemption comes from.
ii
Reference of the notification letter from the Member State or associated State to the Commission, the Agency and the other
Member States.
iii
Date of issuance of notification letter as mentioned in block 2.
iv
Refer to Regulation (EC) 216/2008 (hereafter referred to as “Basic Regulation”) and articles. Basically, reference shall be made to
Basic Regulation Article 14(4). Specific reference to Implementing Rules can be given in addition (example: Part 21, Part M … with
the applicable paragraph corresponding to the NAA remit).
v
According to Basic Regulation Article 14(4) , the exemption shall be notified only in those two cases:
- If the exemption is repetitive.
In this case, and if the former exemption was already notified to the Commission (or to EFTA Surveillance Authority, if
applicable), to the Member States and to the Agency: provide the reference of the corresponding notification.
- If the exemption is granted for more than 2 months.
.
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vi
Refer to the aircraft type/model/variant concerned by the exemption.
vii
Refer to the registration concerned by the exemption.
viii
Refer to the serial number concerned by the exemption.
ix
If the information is relevant to the exemption, indicate the category of operations (e.g. Commercial Air Transport, private).
x
Name of the organisation or operator or person whom the exemption is granted to.
xi
Date of the issuance and date of expiry of the exemption.
xii
The description of the exemption should allow the Agency’s experts to provide a technical recommendation.
In the case of a non approved change or repair, the title of the change/repair and the reason of non-approval shall be given.
Classification of the change/repair shall also be indicated in block 12.
In the case where the change/repair is handled by an approved Design Organisation, brief description of the change/repair shall
allow the experts to evaluate the technical status of the change/repair and to assess if the exemption complies with the general
safety objectives of the Basic Regulation.
xiii
As per Basic Regulation Article 14(4), the exemption shall be granted only in the event of unforeseen urgent operational
circumstances or operational needs of a limited duration. The corresponding case needs to be ticked and a short justification
provided.
xiv
In the case where the change/repair is handled by the Agency, the Project number allocated by the Agency after receipt of the
application for approval shall be provided so that the Agency’s experts can identify the files.
xv
Describe how it is ensured that the level of safety is not adversely affected and what mitigating measures are put in place, if any
xvi
Any additional information that can help the Agency to provide a recommendation to the Commission can be added there.
xvii
Provide contact details (e-mail and phone) of the NAA official in charge of this exemption in the case where additional information
would be required by the Agency.
.
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