OTSUS
Tallinn 29.05.2020 nr 1.1-11/20/91
Erandite kohaldamise tähtaja pikendamine
Euroopa Parlamendi ja nõukogu määruse (EL) 2018/1139 artikli 71 lõike 1, lennundusseaduse
§ 7 lõike 11 (viide vastavalt alusmääruse võrdlustabelile) alusel ning arvestades COVID-19
haigust põhjustava koroonaviiruse ülemaailmse leviku tõkestamiseks rakendatud meetmete
jätkuvat mõju lennundussektorile ja Euroopa Lennundusohutusameti avaldatud soovitusi ja
juhendeid otsustan:
1. Pikendada Lennuameti peadirektori 20.03.2020 otsusega nr 1.1-11/20/50 antud erandi
kohaldamise tähtaega kuni 20.11.2020. Erandist teavitamise vormil loetletud alustel
ja tingimustel (lisa 1).
2. Pikendada Lennuameti peadirektori 27.03.2020 otsusega nr 1.1-11/20/58 antud erandi
kohaldamise tähtaega kuni 27.11.2020. Erandist teavitamise vormil loetletud alustel
ja tingimustel (lisa 2).
Erandi kehtivusaja pikendamisest teavitada Euroopa Komisjoni ja Euroopa
Lennundusohutusametit ning teisi liikmesriike infosüsteemi FlexTool kaudu.
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)
Rait Kalda
peadirektor
Lisa 1
Lisa 2
Peadirektori 29.05.2020 otsuse nr1.1-11/20/91 Lisa 2
European Aviation Safety Agency
Exemption notification Art. 71(1) Template
Article 71(1) of Regulation (EU) 2018/1139
Exemption Notification form
This template reflects the information needed to notify a flexibility provision which duration or cumulative duration
(when it is a repetitive measure) is up to 8 months.
Providing the data in English will assist in processing the Agency recommendation in a timely manner, increase transparency and
facilitate further enquiry.
Fields marked with * are compulsory.
Notifying State
* Member or Associated Estonia
State
* Reference of the
notification from the
State
* Contact Details of NAA Name: Estonian Civil Aviation Administration
Email:
[email protected]
Telephone: +372 6103500
* Date of the Given by FlexTool
notification
Exemption
* Title Covid19 – outbreak: Update Extension of validity and other time periods for licences,
ratings, privileges, endorsements and certificates of pilots, instructors and examiners
* Domain ACW-aircrew
* Repetitive exemption? B) YES ☒
a) Valid from 29.05.2020 to 27.11.2020
b) List of previous exemption(s):
1. State reference: 27.03.2020 Ref 1.1-11/20/58
2. EASA reference:711/20/0205
Valid from 27.03.2020 to 31.07.2020
* Exempted Regulation (EU) No 1178/2011, particularly:
requirements - points FCL.025, FCL.055, FCL.060, FCL.140.A, 140.H, FCL.130.S, FCL.140.S, FCL.130.B, FCL.140.B,
FCL.220.S, FCL.230.S, FCL.220.B, FCL.230.B, FCL.625, FCL.725, FCL.740, FCL.735.A, FCL.735.H,
FCL.805, FCL.810, FCL.830, FCL.815, FCL.940 and FCl.1025 of as well as point (1) of Section H of
Appendix 3 to Annex I (Part-FCL)
- points MED.A.045 and MED.D.030 of Annex IV (Part-MED)
Regulation (EU) 2018/3951, particularly points BFCL.160, BFCL.215 and BFCL.360 of Annnex III (Part-
BFCL)
1 Exemptions to Regulation (EU) 2018/395 are relevant only if Part-BFCL applies.
.
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Exemption notification Art. 71(1) Template
Regulation (EU) 2018/19762, particularly points SFCL.155, SFCL.160, SFCL.205, SFCL.215 and
SFCL.360 of Annex III (Part-SFCL)
* Summary of the Subject to fulfilling the applicable mitigating conditions as specified in this Exemption (see
exemption field “Summary of mitigations”), with regard to applicants for as well as holders of
licences, ratings, privileges, endorsements and certificates issued by Estonian Civil Aviation
Administration in accordance with Regulation (EU) No 1178/2011, including associated
medical certificates, all of the following shall apply:
(a) The time period of all of the following is extended as follows:
(1) by 4 months or until the end of the application of this Exemption, whichever period of
time is shorter, in the case of validity periods of all of the following:
(i) class ratings, type ratings and instrument ratings endorsed in Part-FCL pilot licences
the holders of which are not involved in the operation of aircraft representing those
classes and types within an organisation for which Annex III (Part-ORO) to Regulation (EU)
No 965/2012 is applicable3;
(ii) mountain ratings;
(iii) Part-MED medical certificates;
(2) until the end of the application of this Exemption, in the case of:
(i) Part-FCL instructor and examiner certificates;
(ii) language proficiency endorsements as per point FCL.055 of Part-FCL;
(iii) Part-MED aeromedical examiner certificates;
(iv) recommendations for taking theoretical knowledge examinations, issued by a DTO or
by an ATO in accordance with point FCL.025(a)(3) of Part-FCL, point BFCL.135(b)(3) of Part-
BFCL and point SFCL.135(b)(3) of Part-SFCL;
(v) theoretical knowledge examinations for the purpose of licence issue as per points
(c)(1) and (c)(2) of point FCL.025 of Part-FCL, point BFCL.135(d) of Part-BFCL and point
SFCL.135(d) of Part-SFCL;
(vi) the time periods specified in point FCL.725(c) of Part-FCL with regard to all of the
following:
(A) the time period between the commencement of the type rating training course and
the pass of the skill test;
(B) the time period between the pass of the skill test and the application for the issue of
the class or type rating;
(vii) the time period specified in all of the following, provided that the regular time period
ended during the application period of this Exemption:
(A) point FCL.735.A(b);
(B) point FCL.735.H(b);
(C) point (1) of Section H of Appendix 3 to Part-FCL;
(D) points (a)(1) and (b)(2) of point FCL.810;
(E) point FCL.815(b);
(F) point FCL.825(c);
(3) in the case of the time period specified in point FCL.025(b)(2) of Part-FCL, that time
period is extended by the time period that equals the time period during which an
applicant was unable to access theoretical knowledge examinations for the reasons
specified in this Exemption (see field “Reasons for granting it”).
2 Exemptions to Regulation (EU) 2018/1976 are relevant only if Part-SFCL applies.
3 Clarification: Point (a)(1)(i) applies to holders of Part-FCL licences who are involved in CAT operation by third country operators.
.
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Exemption notification Art. 71(1) Template
If, towards the end of the period specified in point (1), the competent authority considers
that the reasons for granting this Exemption still apply, the validity period of the rating or
certificate may be further extended for another period of up to 4 months or the end of the
application of this Exemption, whichever date comes first.
(b) For the application of all of the following recency requirements of Part-FCL, the time
period is extended as follows:
(1) to the last 300 days, in the case of point FCL.060(a) (balloon pilot recency for
commercial air transport and the carriage of passengers);
(2) to the last 2 years and 8 months, in the case of point FCL.140.A(a) (LAPL(A) recency);
(3) to the last 20 months, in the case of point FCL.140.H (LAPL(H) recency);
(4) to the last 32 months, in the case of all of the following:
(i) points FCL.130.S(c) and FCL.220.S (sailplane launching methods);
(ii) points (a) and (b)(1) of point FCL.140.S as well as point FCL.230.S (sailplane pilot
recency);
(iii) points FCL.130.B(c) and FCL.220.B (recency for tethered balloon flight);
(iv) points FCL.140.B and FCL.230.B(a) (balloon pilot recency)
(v) point FCL.805(e) (towing rating recency);
(vi) point FCL.830(d) (sailplane cloud flying recency).
(c) For the application of all of the following recency requirements of Part-BFCL, the time
period is extended as follows:
(1) to the last 30 months, in the case of all of the following:
(i) points (a)(1)(i), (a)(2) and (f)(1) of point BFCL.160 (balloon pilot recency);
(ii) point BFCL.215(d)(2) (commercial operation rating recency);
(2) to the last 56 months, in the case of all of the following:
(i) point BFCL.160(a)(1)(ii) (balloon pilot recency);
(ii) point BFCL.200(d) (recency for tethered balloon flight);
(3) to the last 300 days, in the case of point BFCL.215(d)(1) (commercial operation rating
recency);
(4) to the last 3 years and 8 months, in the case of point BFCL.360(a)(1) (balloon
instructor recency).
(d) For the application of all of the following recency requirements of Part-SFCL, the time
period is extended as follows:
(1) to the last 2 years and 8 months, in the case of all of the following:
(i) point SFCL.155(c) (sailplane launching methods);
(ii) point SFCL.205(f) (sailplane towing or banner towing rating);
(iii) point SFCL.215(e) (saiplane cloud flying rating);
(2) to the last 30 months, in the case of points (a) and (b) of point SFCL.160 (sailplane
pilot recency).
(3) to the last 3 years and 8 months, in the case of point SFCL.360(a)(1) (sailplane
instructor recency).
(e) In the case of point FCL.060(c)(1), the 120-day period is extended to 180 days under
the same conditions as specified in that point. 4
* Reasons for granting it ☒ Unforeseeable circumstances
The COVID-19 outbreak has resulted in drastic travel restrictions and closure of borders
between a majority of States.
4 Clarification: Point (e) regarding the measures in the context of point FCL.060(c) generally apply to all Part-FCL licence holders, including pilots
involved in operation in accordance with Part-ORO.
.
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Exemption notification Art. 71(1) Template
Holders of Part-FCL pilot licences who are required to perform their licence
proficiency check (LPC) to revalidate the validity period of their class ratings,
type ratings and instrument ratings are not able to timely reach or gain access to
aircraft or flight simulation training devices (FSTDs) to complete the necessary
training and checking. Additionally, these pilots are not able to timely get access
to an examination for maintaining their language proficiency. This would result
in expiry of their ratings and the language proficiency endorsement.
Holders of LAPLs, BPLs, SPLs as well as of mountain ratings or sailplane cloud
flying ratings are not able to maintain recent experience related to their
privileges.
Holders of Part-FCL instructor and examiner certificates who are required to
perform an assessment of competence to revalidate their instructor or examiner
privileges in order to continue to exercise their training and checking privileges
are not able to timely reach or gain access to aircraft or FSTDs to complete the
necessary assessment of competence. This would result in expiry of said
certificate.
Holders of Part-MED medical certificates who are required to undergo a
recurrent medical examination to revalidate their medical certificate to continue
to exercise their licence or certificate privileges are not able to timely reach or
gain access to an aeromedical examiner (AME) or aeromedical centre (AeMC) to
complete the necessary medical examination. This would result in expiry of said
certificates.
Holders of aeromedical examiner certificates as per (Part-MED) to Regulation
1178/2011 who are required to perform medical examinations of the applicants
for a medical certificate in order to revalidate their relevant AME privileges are
not able to timely reach or gain access to their competent authorities. This
would result in expiry of said certificates.
Applicants for the issue of a licence or an instrument rating are not able to
timely reach the competent authority to complete theoretical knowledge
examinations within the time periods specified in points (a)(3) and (b)(2) of
point FCL.025 of Part-FCL.
After completion of theoretical knowledge examinations, applicants for the issue
of a licence or an instrument rating are not able to access training facilities and
training aircraft or FSTDs in order continue with practical training within the
time periods specified in point FCL.025(c)(1) of Part-FCL.
Applicants for a class or a type rating are not able to access training facilities as
well as training aircraft or FSTDs in order to comply with the second
subparagraph of point FCL.725(c) of Part-FCL.
☒ Urgent operational needs
As a result of the extreme operational and resource constraints caused by the COVID-19
outbreak, it is needed to apply this exemption to holders of European licences, ratings,
endorsement and certificates when the said circumstances are declared to the CA by the
holder of the licence, rating, endorsement or certificate. This Exemption aims to reduce
the severity of the disruptions and consequent negative impacts on general aviation.
* Summary of Mitigating A) Safety:
measures, if any (1) Holders of class ratings, type ratings, instrument ratings, mountain ratings or
language proficiency endorsements benefiting from point (a) of this exemption (see field
“Summary of the exemption”) shall comply with all of the following:
.
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Exemption notification Art. 71(1) Template
(a) they shall hold a valid relevant rating and, if applicable, a valid language proficiency
endorsement;
(b) they shall, during the application period of this Exemption, have received a briefing
from an instructor who holds relevant instructional privileges in order to refresh the
required level of theoretical knowledge to safely operate the applicable class or type and
to safely carry out the relevant manoeuvres and procedures, as applicable. That briefing
shall include class – or type – specific abnormal and emergency procedures, as
appropriate.
(2) Upon successful completion of the briefing as per point (b), the new expiry date of the
relevant rating and, if applicable, the language proficiency endorsement, shall be indicated
in one of the following methods:
(a) it shall be endorsed in the licence of the pilot by one of the following:
(i) the CA;
(ii) an instructor acting in accordance with point FCL.945;
(iii) an examiner acting in accordance with point FCL.1030;
(b) it shall be endorsed by the CA in an attachment to the licence of the pilot.
(3) Instructors and examiner certificate holders benefiting from point (a) of this
exemption (see field “Summary of the exemption”) shall hold a valid instructor and, if
applicable, a valid examiner certificate. The new expiry date of the certificate shall be
endorsed in the licence or certificate of the pilot, either by the CA or a (senior) examiner
acting in accordance with point FCL.1030, as applicable.
(4) Applicants for a licence, rating or certificate benefiting from point (a)(2)(vii) of this
exemption (see field “Summary of the exemption”) shall have received additional training,
if deemed necessary by the ATO or the DTO, in consultation with the CA.
(5) Holders of licences as per Part-FCL, Part-BFCL and Part-SFCL benefitting from point
(b), (c) or (d) of this Exemption (see field “Summary of the exemption”) shall, during the
application period of this Exemption, have received a briefing from an instructor who
holds relevant instructional privileges in order to refresh the required level of theoretical
knowledge to safely operate the applicable aircraft and to carry out the relevant
manoeuvres and procedures, as applicable. That briefing shall include specific abnormal
and emergency procedures, as appropriate to the category, class and type of aircraft as
well as to the relevant kind of privileges, as applicable.
(6) Part-MED medical certificate holders benefitting from this exemption shall hold a
valid medical certificate without limitations, except visual ones.
(7) Part-MED aero-medical examiner certificate holders benefiting from this exemption
shall hold a valid aero-medical examiner certificate.
B) Environment:
The circumstances and needs addressed by the exemption do not have an impact on
environment.
C) Market distortion:
Due to the exceptional circumstances affecting all EU Member States, and given its limited
duration, the exemption does not have a distorting effect on the market conditions.
D) Essential requirements:
Not applicable.
.
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Exemption notification Art. 71(1) Template
* Type of operation N/A
In case of non-approved N/A
change/repair
Concerned entity(ies)
Concerned entity Holders of licences, ratings, privileges, endorsements and certificates issued by Estonian Civil Aviation
Concerned entity details Administration in accordance with the Regulations specified above in the field “Exempted requirements
Product N/A
Attached
documentation
.
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Exemption notification Art. 71(1) Template 19/03/2020
Article 71(1) of Regulation (EU) 2018/1139
Exemption Notification form
This template reflects the information needed to notify a flexibility provision which duration or cumulative duration
(when it is a repetitive measure) is up to 8 months.
Providing the data in English will assist in processing the Agency recommendation in a timely manner, increase transparency and
facilitate further enquiry.
EASA reference Will be given by EASA upon receipt.
Fields marked with * are compulsory.
Notifying State
* Member or Associated Estonia
State
* Reference of the
notification from the
State
* Contact Details of NAA Name: Estonian Civil Aviation Administration
Email:
[email protected]
Telephone: +372 6103500
* Date of the Given by FlexTool
notification
Exemption
* Title Covid19 – outbreak: Update extension of validity periods for licences, ratings,
endorsements, certificates and attestations, training and checking of aircrew, instructors,
examiners, aircraft maintenance licence holders and air traffic controllers.
* Domain ACW-aircrew
/ OPS / ATCO / CAW
* Repetitive exemption? B) YES ☒
a) Valid from 29.05.2020 to 20.11.2020
b) List of previous exemption(s):
1. State reference: 20.03.2020 ref 1.1-11/20/50
2. EASA reference: 711/20/0106
Valid from 20.07.2020. to 31.07. 2020
* Exempted Regulation (EU) No 1178/2011, particularly:
requirements - points FCL.055, FCL.625, FCL.740, FCL.940 and FCl.1025 of Annex I (Part-FCL)
- points MED.A.045, MED.C.030 and MED.D.030 of Annex IV (Part-MED)
Regulation (EU) No 965/2012, particularly:
- points ORO.GEN.110, ORO.FC.130, ORO.FC.230, ORO.FC.330, ORO.FC.A.245,
ORO.CC.140 and ORO.TC.135 of Annex III (Part-ORO)
- point SPA.DG.105 of Annex V (Part-SPA)
.
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Regulation (EU) 2015/340, particularly:
- points ATCO.B.020, ATCO.B.035, ATCO.C.020, ATCO.C.040 and ATCO.C.060 of Annex I
(Part-ATCO)
- points ATCO.MED.A.045 and ATCO.MED.C.025 of Annex IV (Part-ATCO.MED)
Regulation (EU) 1321/2014, particularly point 66.A.40 of Annex III (Part-66)
* Summary of the Subject to fulfilling the applicable mitigating conditions as specified in this Exemption (see
exemption field “Summary of mitigations”), with regard to licences, ratings, endorsements, certificates
and attestations issued by ECAA, including associated medical certificates and reports, all of
the following shall apply:
(a) Licences, ratings, certificates and attestations issued in accordance with Annex I (Part-
FCL), Annex IV (Part-MED) and Annex V (Part-CC) to Regulation (EU) No 1178/2011
The validity period of all of the following is extended as follows:
(1) by 4 months or until the end of the application of this Exemption, whichever is the
shorter period of time, in the case of:
(i) class ratings, type ratings and instrument ratings endorsed in Part-FCL
commercial pilot licences (CPL, MPL, ATPL) for operating aircraft representing
those classes and types within an organisation for which Annex III (Part-ORO)
to Regulation (EU) No 965/2012 is applicable;
(ii) Part-MED Class 1 medical certificates of holders of the ratings and certificates
specified in point (i) above;
(2) until the end of the application of this Exemption, in the case of:
(i) Part-FCL instructor and examiner certificates the holders of which are involved
in training and checking of holders of the class and type ratings specified in
point 1(i) above;
(ii) language proficiency endorsements as per point FCL.055 of Part-FCL;
(iii) privileges of Part-MED aeromedical examiner certificates related to Class 1
medical certificates;
(iv) medical reports of cabin crew as per point MED.C.030 of Part-MED.
If, towards the end of the period specified in point (1), the competent authority
considers that the reasons for granting this Exemption still apply, the validity period of
the rating or certificate may be further extended for another period of up to 4 months
or the end of the application of this Exemption, whichever date comes first.
(b) Training and checking in accordance with Annex III (Part-ORO) to Regulation (EU) No
965/2012
The validity period of all of the following is extended by 4 months or until the end of
the application of this Exemption, whichever is the shorter period of time:
(1) operator proficiency checks (OPC) in accordance with points ORO.FC.230(b) and
ORO.FC.330 of Part-ORO;
(2) operator line-oriented evaluation in accordance with point ORO.FC.A.245(d) of
Part-ORO, if applicable;
(3) operator emergency and safety equipment training and checking in accordance
with point ORO.FC.230(d) of Part-ORO;
.
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(4) operator ground and flight training in accordance with point ORO.FC.230(f) of Part-
ORO;
(5) operator cabin crew recurrent training and checking in accordance with point
ORO.CC.140 of Part-ORO;
(6) operator technical crew recurrent training in accordance with point ORO.TC.135 of
Part-ORO;
(7) operator line checks (LC) in accordance with point ORO.FC.230(c) of Part-ORO;
(8) operator dangerous goods recurrent training in accordance with point
ORO.GEN.110(j) of Part-ORO and, when applicable, point SPA.DG.105(a) of Part-
SPA;
(9) operator crew resource management recurrent training in accordance with point
ORO.FC.230(e)(1) and (e)(2) of Part-ORO;
(10) operator recurrent training and checking in accordance with point ORO.FC.130 of
Part-ORO.
If, towards the end of the period specified in the introductory sentence of this point (b),
the competent authority considers that the reasons for granting the Exemption still
apply, the validity period of relevant training and checking may be further extended for
a period of up to 4 months or by the end of the application of this Exemption, whichever
date comes first.
(c) Licences, endorsements and certificates issued in accordance with Annex I (Part-
ATCO) and Annex IV (Part-ATCO.MED) to Regulation (EU) 2015/340
The validity period of all of the following is extended as follows:
(1) by 4 months or until the end of the application of this Exemption, whichever is the
shorter period of time, in the case of:
(i) ATCO unit endorsements as per point ATCO.B.020 of Part-ATCO;
(ii) Part-ATCO Class 3 medical certificates as per point ATCO.MED.A045 of Part-
ATCO.MED;
(ii) ATCO language proficiency endorsements as per point ATCO.B.035 of Part-
ATCO.
(2) until the end of the application of this Exemption, in the case of:
(i) practical instructor endorsements (OJTI and STDI) as per points ATCO.C.020,
ATCO.C.040 of Part-ATCO;
(ii) assessor endorsements as per point ATCO.C.060 of Part-ATCO;
(iii) privileges of Part-ATCO.MED aeromedical examiner certificates related to
Class 3 medical certificates.
If, towards the end of the period specified in point (1), the competent authority
considers that the reasons for granting this Exemption still apply, the validity period of
the endorsement or the certificate may be further extended for a period of up to 4
months or the end of the application of this Exemption, whichever date comes first.
(d) Aircraft maintenance licences issued in accordance with Annex III (Part-66) to
Regulation (EU) No 1321/2014
The validity period of aircraft maintenance licences is extended by 4 months or until
the end of the application of this Exemption, whichever is the shorter period of time.
If, towards the end of that period, the competent authority considers that the reasons
for granting the Exemption still apply, the validity period of the licence may be further
.
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extended for a period of up to 4 months or by the end of the application of this
Exemption, whichever date comes first.
* Reasons for granting it ☒ Unforeseeable circumstances
The COVID-19 outbreak has resulted in drastic travel restrictions and closure of borders
between a majority of States.
Holders of Part-FCL commercial pilot licences who are required both to perform
their licence proficiency check (LPC) to revalidate the validity period of their type
and instrument ratings and to comply with the applicable operator recurrent
training and checking requirements (OPC) in order to continue to exercise their
privileges on behalf of their operator are not able to timely reach or gain access
to flight simulation training devices (FSTD) to complete the necessary training and
checking. Additionally, these pilots are not able to timely get access to an
examination for maintaining their language proficiency. This would result in expiry
of their ratings and the language proficiency endorsement.
Holders of Part-FCL instructor and examiner certificates who are required to
perform an assessment of competence to revalidate their instructor or examiner
privileges in order to continue to exercise their training and checking privileges
on behalf of their operator are not able to timely reach or gain access to FSTD to
complete the necessary assessment of competence. This would result in expiry of
said certificate.
Holders of Part-MED Class 1 medical certificates who are required to undergo a
recurrent medical examination to revalidate their Class 1 medical to continue to
exercise their licence or certificate privileges on behalf of their operator are not
able to timely reach or gain access to an aeromedical examiner (AME) or
aeromedical centre (AeMC) to complete the necessary medical examination. In
addition, in many cases medical examiners have been reassigned to support the
COVID-19 outbreak in their State. This would result in expiry of said certificates.
Holders of cabin crew attestations issued in accordance with Annex V (Part-CC) to
Regulation (EU) 1178/2011 who are required to undergo a recurrent training, in
accordance with the applicable requirements of Part-ORO, are not able to timely
reach or gain access to training facilities.
Holders of a cabin crew medical report as per Annex IV (Part-MED) to Regualtion
1178/2011 who are required to undergo a recurrent aero-medical assessment, in
accordance with the applicable requirements of Part-MED, are not able to
undergo aero-medical assessment.
Holders of air traffic controller licences as per Regulation (EU) 2015/340
experience difficulties in both the use of synthetic training devices (STDs) to
complete their scheduled recurrent training / assessment activities and the access
to examination for maintaining their language proficiency.
Holders of air traffic controller licences and associated on-the-job-training
instructor and practical instructor endorsements who are required to complete
refresher training in order to continue to exercise their training and assessment
privileges are not able to complete their scheduled refresher training activities.
Holders of Class 3 medical certificates issued in accordance with Annex IV (Part-
ATCO.MED) to Regulation (EU) 2015/340 who are required to undergo a recurrent
medical examination to revalidate their Class 3 medical certificate to continue to
exercise their licence privileges on behalf of their air navigation service provider
(ANSP) are not able to timely reach or gain access to an AME or AeMC to complete
the necessary medical examintion. In addition, in many cases medical examiners
.
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have been reassigned to support the COVID-19 outbreak in their State. This would
result in expiry of said certificates.
Holders of aeromedical examiner certificates as per (Part-MED) to Regulation
1178/2011 and Annex IV (Part-ATCO.MED) who are required to perform medical
examinations of the applicants for a Class 1 or Class 3 medical certificate in order
to revalidate their relevant AME privileges are not able to timely reach or gain
access to their competent authorities. This would result in expiry of said
certificates.
Holders of aircraft maintenance licences issued in accordance with Part-66 are
not able to timely revalidate their licence.
☒ Urgent operational needs
As a result of the extreme operational and resource constraints caused by the COVID-19
outbreak, it is needed to apply this exemption to holders of European licences, ratings,
certificates and attestations as well as operators/ANSPs/maintenance organisations when
the said circumstances are declared to the CA by either the holder (of the licence, rating,
endorsement, certificate or attestation) or the operator/ANSP/maintenance organisation
to ensure a certain level of business continuity for organisations for which Annex III (Part-
ORO) to Regulation (EU) No 965/2012 or Annex I and Annex IV of Regulation (EU) No
2015/340 are applicable. This Exemption aims to reduce the severity of the disruptions
that would otherwise occur due to non-availability of a sufficient number of crew
members as well as ATCOs and aircraft maintenance licence holders to operate on behalf
of said organisations.
* Summary of Mitigating A) Safety:
measures, if any
(1) Part-FCL licence holders benefiting from this exemption shall comply with all of the
following:
(a) they shall hold a valid class or type rating;
(b) they shall operate under the management system of an organisation for which
Part-ORO is applicable;
(c) they shall have received refresher training, followed by the completion of an
assessment by means established by the operator to determine that the
required level of knowledge to operate the applicable class or type is
maintained. That assessment shall include class – or type – specific abnormal
and emergency procedures.
Upon successful completion of the refresher training and the assessment as per
point (c), the new expiry date of the relevant rating and, if applicable, the language
proficiency endorsement, shall be endorsed in the licence of the pilot, either by the
CA or by an examiner nominated by the operator and acting in accordance with
point FCL.1030, as applicable.
(2) Part-FCL instructors and examiners certificate holders benefiting from this
exemption shall hold a valid instructor and, if applicable, a valid examiner
certificate. The new expiry date shall be indicated in one of the following methods:
(a) it shall be endorsed in the licence of the pilot, either by the CA or a (senior)
examiner nominated by the operator and acting in accordance with point
FCL.1030, as applicable;
.
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(b) it shall be endorsed by the CA in an attachment to the instructor or examiner
certificate.
(3) Part-MED Class 1 medical certificate holders and Part-ATCO.MED Class 3 medical
certificate holders benefitting from this exemption shall hold a valid Class 1 or Class
3 medical certificate without limitations, except visual ones.
(4) Part-MED cabin crew medical report holders benefiting from this exemption shall
hold a valid cabin crew medical report without limitations, except visual ones.
(5) Part-MED and Part-ATCO.MED aero-medical examiner certificate holders
benefiting from this exemption shall hold a valid aero-medical examiner certificate.
(6) Operators benefiting from this exemption shall comply with all of the following:
(a) The operator shall ensure that flight crew members benefiting from this
exemption comply with the refresher training specified in point (1) above in all
of the following cases:
(i) operator proficiency checks (OPC) in accordance with point
ORO.FC.230(b);
(ii) line checks in accordance with point ORO.FC.230(c);
(iii) line-oriented evaluation in accordance with point ORO.FC.A.245(d), if
applicable.
(b) In addition to point (a) above, the refresher training mentioned in point (1)(c)
shall include any additional Part-SPA related elements, as applicable.
(c) The operator shall ensure that crew members complete additional training
through any means in all of the following cases:
(i) operator emergency and safety equipment training and checking in
accordance with ORO.FC.230(d);
(ii) ground and flight training in accordance with point ORO.FC.230(f);
(iii) OPC for commercial specialised operations and CAT operations referred
to in point ORO.FC.005(B)(1) and (2), in accordance with point
ORO.FC.330;
(iv) cabin crew recurrent training and checking in accordance with point
ORO.CC.140;
(v) technical crew recurrent training in accordance with point ORO.TC.135.
(vi) dangerous goods recurrent training in accordance with point
ORO.GEN.110(j) and, when applicable, point SPA.DG.105(a);
(vii) crew resource management recurrent training in accordance with point
ORO.FC.230(e)(1) and (e)(2);
(viii) operator recurrent training and checking in accordance with point
ORO.FC.130 of Part-ORO.
Note: The intent of “through any means” is that operators provide additional
training to crew members in order to compensate for the extended
validity of the different training elements of Part-ORO and Part-SPA, as
applicable. This could be done for example via
briefing/leaflet/bulletin/CBT/video.
.
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(7) In the case of ATCO unit endorsements as well as instructor and assessor
endorsements in ATCO licences, the air naviation service provider (ANSP) should
ensure that the potential unavailability of STDs is mitigated by other means, e.g.
computer-based training or the rescheduling refresher training as soon as possible.
(8) In the case of ATCO language proficiency endorsements, in the case of
unavailability of an LABs, ANSPs should ensure that language training is ensured
through other means, e.g. online courses.
(9) Part-66 aircraft maintenance licence holders benefitting from this exemption
shall only exercise the certification privileges associated with their licence when no
action is pending pursuant to point 66.B.500 of Part-66.
B) Environment:
The circumstances and needs addressed by the exemption do not have an impact on
environment.
C) Market distortion:
Due to the exceptional circumstances affecting all EU Member States, and given its
limited duration, the exemption does not have a distorting effect on the market
conditions.
E) Essential requirements:
Not applicable.
* Type of operation N/A
In case of non-approved N/A
change/repair
Concerned entity(ies)
Concerned entity Holders of licences, ratings, certificates, endorsements and attestations issued by ECAA in
Concerned entity details accordance with the Regulations specified above in the field “Exempted requirements”
Product N/A
Attached ECAA 29.05.2020 nr
documentation
.
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