Opinion 01/2019

EUROPEAN COMMISSION Brussels, XXX […](2019) XXX draft Annex IIIa to EASA Opinion No 01/2019 COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX amending Commission Implementing Regulation (EU) 2018/1976 as regards sailplane pilot licences EN EN  DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX amending Commission Implementing Regulation (EU) 2018/1976 as regards sailplane pilot licences THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Articles 23 and 27 thereof, Whereas: (1) The European Commission is to adopt the necessary implementing rules for establishing the requirements for sailplane pilot licences in accordance with Regulation (EU) 2018/1139, where such aircraft meet the conditions specified in points (b)(i) and (ii) of Article 2(1) of that Regulation. (2) In light of the specific nature of flight crew licensing for sailplanes, there is a need for dedicated licensing requirements laid down in self-standing regulations. Those rules should be based on the general rules for flight crew licensing that are laid down in Commission Regulation (EU) No 1178/2011 (2), but they should be restructured and simplified, so as to ensure that they are proportionate and founded on a risk-based approach, whilst ensuring that sailplane pilots are and continue to be competent to carry out their activities and to discharge their responsibilities. (3) These new licensing requirements for sailplane pilots should be added to Commission Implementing Regulation (EU) 2018/1976 (3). At the same time, the licensing requirements that are related to sailplane pilot licences and are laid down in Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 should be deleted, and those requirements of Annex I (Part-FCL) that address cross-domain issues, such as crediting provisions between sailplane pilot licences and licences for other aircraft categories, should be revised in order to consider the new licensing requirements for sailplanes. (4) Pursuant to Article 12(2a)(3) of Commission Regulation (EU) No 1178/2011, Member States may apply national licensing rules that provide access to basic pilot privileges ( 1) OJ L 212, 22.8.2018, p. 1. ( 2) 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 (OJ L 311, 25.11.2011, p. 1). ( 3) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326 , 20.12.2018, p. 64). EN 1 EN  until 8 April 2020. Some Member States have reported to the European Commission and the European Union Aviation Safety Agency that, in this context, authorising student pilots to exercise limited privileges without supervision and thereby obtain basic privileges on a step-by-step basis supports the promotion of aerial sports and recreational activities by offering easy and more affordable access to flying. Promoting and enabling such easier access to general aviation is in line with the objectives of the General Aviation Road Map that aims to create a more proportional, flexible and proactive regulatory system (4). For these reasons, Member States should be given the discretion to continue with such modular training routes which should be credited for the issue of a sailplane pilot licence (SPL). Member States should be obliged to inform the European Commission and the European Union Aviation Safety Agency if they make use of such authorisations. They should also monitor the use of such authorisations in order to maintain an acceptable level of aviation safety. (5) In order to ensure a smooth transition and to avoid as much as possible any disruptions when introducing the new, specific regulatory framework for sailplane flight crew licensing laid down in this Regulation, any certificates, authorisations and approvals issued to sailplane pilots in accordance with Commission Regulation (EU) No 1178/2011 prior to the date of application of this Regulation should continue to be valid. National sailplane pilot licences issued prior to the date of application of this Regulation should be converted into licences, issued in accordance with this Regulation, through conversion reports established by the Member States in consultation with the European Union Aviation Safety Agency. (6) Credit should be granted for sailplane pilot training that commenced prior to the date of application of this Regulation. As the new sailplane pilot training requirements that are introduced with this Regulation are equally or less demanding compared to the so far applicable requirements of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, training in accordance with Annex I (Part-FCL) should be fully credited. Credit for training that commenced in accordance with Annex 1 to the Chicago Convention should be determined through credit reports established by the Member States. (7) It should be possible for Member States to accept sailplane licences that are issued by third countries. Based on the requirements of the so far applicable Article 8 of Commission Regulation (EU) No 1178/2011, the conditions for accepting third- country sailplane pilot licences should be laid down. (8) The requirements of Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011 should continue to apply to sailplane flight crew licensing as, in the context of making the regulatory framework for sailplane pilot licences simpler, lighter and better, there is no need for amendments with regard to these Annexes. Existing training organisations should be given the appropriate time to adapt their training programmes, where necessary, in the context of the simplified training requirements. (9) The European Union Aviation Safety Agency has prepared draft implementing rules and submitted them with Opinion No 01/2019 (5) to the European Commission in accordance with points (b) and (c) of Article 75(2) and with Article 76(1) of Regulation (EU) 2018/1139. ( 4) https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map ( 5) https://www.easa.europa.eu/document-library/opinions EN 2 EN  (10) 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, HAS ADOPTED THIS REGULATION: Article 1 Commission Implementing Regulation (EU) 2018/1976 is amended as follows: (1) the title of Commission Implementing Regulation (EU) 2018/1976 is replaced by the following: ‘Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of as well as the flight crew licensing for sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council’; (2) in Article 1, paragraph 1 is replaced by the following: ‘1. This Regulation lays down detailed rules for air operations with sailplanes as well as for issuing and maintaining pilot licences and associated ratings, privileges and certificates for sailplanes, where such aircraft meet the conditions laid down in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139.’; (3) Article 2 is amended as follows: (a) the introductory sentence is replaced by the following: ‘For the purpose of this Regulations, the following definitions and, unless terms are defined otherwise in this Article, the definitions of Article 2 of Commission Regulation (EU) No 1178/2011 apply:’; (b) point (10) is replaced by the following: ‘(10) “dry lease agreement” means an agreement between undertakings pursuant to which the sailplane is operated under the responsibility of the lessee;’; (b) The following points (11) to (13) are added: ‘(11) “national licence” means a pilot licence issued by a Member State in accordance with national legislation before the date of application of Annex III (Part-SFCL) to this Regulation or of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011; (12) “Part-SFCL licence” means a flight crew licence which complies with the requirements of Annex III (Part-SFCL) to this Regulation; (13) “conversion report” means a report on the basis of which a licence may be converted into a Part-SFCL licence;’; (4) after Article 3, the following Articles 3a to 3e are inserted: ‘Article 3a Pilot licences and medical certification 1. Without prejudice to Article 3d of this Regulation, pilots of aircraft referred to in Article 1(1) shall comply with the technical requirements and administrative procedures laid down in Annex III (Part-SFCL) to this Regulation and in Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. EN 3 EN  2. As an exception to the privileges of the holders of licences as defined in Annex III (Part-SFCL) to this Regulation, holders of such licences may carry out flights referred to in Article 3(2)(a) to (d) without complying with point SFCL.115(a)(3) of Annex III (Part-SFCL) to this Regulation. 3. A Member State may authorise student pilots who follow an SPL training course to exercise limited privileges without supervision before they meet all the requirements that are necessary for the issue of an SPL in accordance with Annex III (Part-SFCL) to this Regulation, subject to the following conditions: (a) the scope of the privileges granted shall be based on a safety risk assessment carried out by the Member State, taking into account the extent of training necessary for the intended level of pilot competence to be achieved; (b) the privileges shall be limited to the following: (i) the whole or part of the national territory of the authorising Member State; and (ii) sailplanes that are registered in the authorising Member State; (c) the holder of such an authorisation who applies for the issue of a sailplane pilot licence (SPL) shall receive credits for training conducted under the authorisation on the basis of a recommendation from an approved training organisation (ATO) or a declared training organisation (DTO); (d) the Member State shall submit reports and safety risk assessments to the European Commission and the European Union Aviation Safety Agency every 3 years; (e) the Member State shall monitor the use of authorisations issued under this paragraph to ensure an acceptable level of aviation safety and take appropriate action in case of identifying an increased safety risk or any safety concerns. Article 3b Existing pilot licences and national medical certificates 1. Part-FCL licences for sailplanes and associated privileges, ratings and certificates issued by a Member State before the date of application of this Regulation shall be deemed to have been issued in accordance with this Regulation. When a Member State reissues licences for administrative reasons or upon application by licence holders, the Member State shall replace these licences with licences that comply with the format laid down in Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011. 2. When a Member State reissues licences and associated privileges, ratings and certificates in accordance with paragraph 1, the Member State shall, as applicable: (a) transfer all privileges endorsed so far in Part-FCL licences to the new licence format; (b) convert aerobatic ratings issued in accordance with point FCL.800 of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 into advanced aerobatic privileges in accordance with point SFCL.200(c) of Annex III (Part-SFCL) to this Regulation; and EN 4 EN  (c) endorse the expiry date of a flight instructor certificate associated with a Part-FCL licence into the pilot’s logbook or issue an equivalent document. After that date, those pilots shall exercise instructor privileges only when they comply with point SFCL.360 of Annex III (Part-SFCL) to this Regulation. 3. Holders of national licences for sailplanes issued by a Member State before the date of application of Annex III (Part-SFCL) to this Regulation shall be allowed to continue to exercise the privileges of their licences until 8 April 2021. By that date, these licences shall have been converted into Part-SFCL licences and associated ratings, privileges and certificates in accordance with the elements laid down in a conversion report that complies with the requirements of Article 4(4) and (5) of Commission Regulation (EU) No 1178/2011. 4. National pilot medical certificates associated with a licence as specified in paragraph 2 above and issued by a Member State before the date of application of Annex III (Part-SFCL) to this Regulation shall remain valid until the date of their next revalidation or until 8 April 2021, whichever is the earlier. The revalidation of these medical certificates shall comply with the requirements of Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. Article 3c Credit for training that commenced prior to the date of application of this Regulation 1. In respect of issuing Part-SFCL licences and associated privileges, ratings or certificates in accordance with Annex III (Part-SFCL) to this Regulation, training that commenced prior to the date of application of this Regulation in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be deemed to have commenced in accordance with this Regulation. 2. Training that commenced prior to the date of application of this Regulation or of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, in accordance with Annex 1 to the Chicago Convention, shall be given credit for the purposes of issuing Part-SFCL licences on the basis of a credit report established by the Member State in consultation with the European Union Aviation Safety Agency. 3. The credit report shall describe the scope of the training, indicate for which requirements of Part-SFCL credit is given and, if applicable, which requirements applicants need to comply with in order to be issued with a Part-SFCL licence. It shall include copies of all the documents that are necessary to demonstrate the scope of the training, as well as copies of the national regulations and procedures in accordance with which the training was commenced. EN 5 EN  Article 3d Conditions for the acceptance of licences issued by third countries 1. Without prejudice to international agreements concluded between the European Union and a third country in accordance with point (a) of Article 68(1) of Regulation (EU) 2018/1139 covering sailplane pilot licensing, Member States may accept third-country sailplane licences and associated ratings, privileges or certificates, as well as associated medical certificates issued by or on behalf of third countries, in accordance with the provisions of Annex III to Commission Regulation (EU) No 1178/2011. 2. Applicants for a Part-SFCL licence who already hold at least an equivalent licence, rating, privilege or certificate issued in accordance with Annex 1 to the Chicago Convention by a third country shall comply with all the requirements of Annex III (Part-SFCL) to this Regulation, except that the course duration, the number of lessons and the specific training hours may be reduced. 3. The credit given to the applicant shall be determined by the Member State to which the pilot applies on the basis of a recommendation from an ATO or a DTO for sailplanes. Article 3e Training organisations 1. Training organisations for pilot licences referred to in Article 1(1) shall comply with the requirements of Article 10a of Commission Regulation (EU) No 1178/2011. 2. Training organisations referred to in paragraph 1 which hold an approval issued in accordance with Annex VII (Part-ORA) to Commission Regulation (EU) No 1178/2011 or have submitted a declaration in accordance with Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011 before the date of application of this Regulation shall adapt their training programmes, where necessary, by 8 April 2021 at the latest.’; (5) Annex I (Part-DEF) is amended in accordance with Annex I to this Regulation; (6) Annex III (Part-SFCL) is added as set out in Annex II to this Regulation. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 8 April 2020. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission The President […] EN 6 EN Annex IIIb to EASA Opinion No 01/2019 Draft Annex I and II to draft Commission Implementing Regulation (EU) …/… [reference to amending regulation] amending draft Commission Regulation (EU) 2018/1976 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council ANNEX I Annex I ‘Definitions’ (Part-DEF) to Commission Regulation (EU) 2018/1976 is amended as follows: (1) The introductory sentence is replaced by the following: ‘For the purpose of this Regulation, the following definitions and, unless terms are defined otherwise in this Annex, the definitions of Article 2 of Commission Regulation (EU) No 1178/2011 as well as of point FCL.010 of Annex I (Part-FCL) to that Regulation, shall apply:’; (2) point 13 is replaced by the following: ‘13. “night” means the period between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the centre of the sun’s disc is 6 degrees below the horizon and begins in the morning when the centre of the sun’s disc is 6 degrees below the horizon;’; (3) the following points 14 to 19 are added: ‘14. “skill test” means the demonstration of skill for the purpose of issuing a licence or rating, or extension of a privilege, including oral examinations as may be required; 15. “assessment of competence” means the demonstration of skill, knowledge and attitude for the initial issue, revalidation or renewal of an instructor or examiner certificate; 16. “flight time” means: (a) for self-launch sailplanes and touring motor gliders, the total time from the moment an aircraft first moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight; (b) for sailplanes, the total time from the moment the sailplane commences the ground run in the process of taking off until the moment the sailplane finally comes to a rest at the end of flight; 17. “proficiency check” means the demonstration of skill for the purpose of complying with the recency requirements as established in this Regulation, and including oral examinations as may be required; Page 1 of 29  Annex IIIb to EASA Opinion No 01/2019 18. “solo flight” means a flight during which a student pilot is the sole occupant of an aircraft; 19. “cross-country flight” means a flight outside the line of sight or distance defined by the local authority from the field of departure using standard navigation procedures.’ Page 2 of 29  Annex IIIb to EASA Opinion No 01/2019 ANNEX II ‘ANNEX III REQUIREMENTS FOR SAILPLANE FLIGHT CREW LICENSING [PART-SFCL] SUBPART GEN GENERAL REQUIREMENTS SFCL.001 Scope This Annex establishes the requirements for the issue of a sailplane pilot licence (SPL) and associated privileges, ratings and certificates, and the conditions for their validity and use. SFCL.005 Competent authority For the purpose of this Annex, the competent authority shall be an authority designated by the Member State to which a person applies for the issue of an SPL or associated privileges, ratings or certificates. SFCL.015 Application for and issue, revalidation and renewal of an SPL as well as associated privileges, ratings and certificates (a) The following shall be submitted to the competent authority in a form and manner established by that competent authority: (1) an application for: (i) the issue of an SPL and associated ratings; (ii) the extension of the privileges of an SPL, except for the privileges specified in points SFCL.115(a)(2) and (a)(3), SFCL.155, SFCL.200 and SFCL.215; (iii) the issue of a flight instructor (FI(S)) certificate; (iv) the issue, revalidation and renewal of a flight examiner (FE(S)) certificate; (v) any amendments to the SPL and associated privileges, ratings and certificates, except for the privileges referred to in paragraph (a)(1)(ii); and (2) if mandated by the competent authority, a copy of the relevant logbook entries as specified in points SFCL.115(d), SFCL.155(b), SFCL.200(f) and SFCL.215(d). Page 3 of 29  Annex IIIb to EASA Opinion No 01/2019 (b) An application as specified in paragraph (a) shall be accompanied by evidence that the applicant complies with the relevant requirements established in this Annex and in Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. (c) Any limitation or extension of the privileges granted by a licence, rating or certificate shall be endorsed on the licence or certificate by the competent authority, except for obtaining the privileges as specified in paragraph (a)(1)(ii). (d) A person shall not hold at any time more than one SPL issued in accordance with this Annex. (e) A licence holder shall submit applications as specified in paragraph (a) to the competent authority designated by the Member State in which any of his or her licences was issued in accordance with this Annex (Part-SFCL), Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, as applicable. (f) Without prejudice to paragraph (e), an SPL holder may request a change of competent authority. Such a request shall include a transfer of all licensing and medical records related to all licences held, as specified in paragraph (e), to the competent authority designated by another Member State. (g) An applicant shall apply for the issue of an SPL and associated ratings, privileges or certificates not later than 6 months after having successfully completed the skill test or assessment of competence. SFCL.030 Practical skill test An applicant for a skill test shall be recommended for the test by the ATO or the DTO that is responsible for the training, once the training is completed. The training records shall be made available to the examiner. SFCL.035 Crediting of flight time An applicant for an SPL or an associated privilege, rating or certificate shall be credited in full with all solo, dual instruction or PIC flight time on sailplanes towards the total flight time required for the licence, privilege, rating or certificate. SFCL.045 Obligation to carry and present documents (a) When exercising the privileges of his or her licence, the SPL holder shall carry: (1) a valid SPL; (2) a valid medical certificate; (3) a personal identification document containing his or her photo; and Page 4 of 29  Annex IIIb to EASA Opinion No 01/2019 (4) sufficient logbook data to demonstrate compliance with the requirements of this Annex. (b) A student pilot shall carry on all solo cross-country flights: (1) the documents as specified in paragraphs (a)(2) and (a)(3); and (2) evidence of the authorisation required by point SFCL.125(a). (c) An SPL holder or student pilot shall without undue delay present the documents as specified in paragraph (a) for inspection upon request by an authorised representative of the competent authority. (d) By way of derogation from paragraphs (a) and (b), the documents specified therein may be retained at the aerodrome or operating site for flights that remain: (1) within the sight of the aerodrome or operating site; or (2) within a distance from the aerodrome or operating site determined by the competent authority. SFCL.050 Recording of flight time A sailplane pilot shall keep a reliable record of the details of all flights flown in a form and manner established by the competent authority. SFCL.065 Curtailment of privileges of SPL holders aged 70 years or older in commercial passenger sailplane operations An SPL holder who has attained the age of 70 years shall not act as pilot of a sailplane that is engaged in commercial passenger sailplane operations. SFCL.070 Limitation, suspension and revocation of licences, privileges, ratings and certificates (a) An SPL as well as associated privileges, ratings and certificates issued in accordance with this Annex may be limited, suspended or revoked by the competent authority in accordance with the conditions and procedures laid down in Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011 when a sailplane pilot does not comply with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139 or with the requirements of this Annex as well as of Annex II (Part-SAO) to this Regulation or with Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. (b) When a sailplane pilot has his or her licence, privilege, rating or certificate limited, suspended or revoked, he or she shall immediately return the licence or certificate to the competent authority. Page 5 of 29  Annex IIIb to EASA Opinion No 01/2019 SUBPART SPL SAILPLANE PILOT LICENCE (SPL) SFCL.115 SPL — Privileges and conditions (a) Subject to compliance with point SFCL.150, the privileges of an SPL holder are to act as PIC in sailplanes: (1) without remuneration in non-commercial operations; (2) including the carriage of passengers only when he or she: (i) complies with point SFCL.160(e); and (ii) either: (A) has completed, after the issue of the SPL, at least 10 hours of flight time or 30 launches or take-offs and landings as PIC on sailplanes and, additionally, 1 training flight during which holders shall demonstrate to an FI(S) the competence required for the carriage of passengers; or (B) holds an FI(S) certificate in accordance with Subpart FI; and (3) in operations other than those specified in paragraph (a)(1), only when he or she has: (i) attained the age of 18 years; (ii) completed, after the issue of the licence, 75 hours of flight time or 200 launches or take-offs and landings as PIC on sailplanes. (b) By way of derogation from paragraph (a), the SPL holder who has instructor or examiner privileges may receive remuneration for: (1) the provision of flight instruction for the SPL; (2) the conduct of skill tests and proficiency checks for the SPL; and (3) the training, testing and checking for the privileges, ratings and certificates attached to an SPL. (c) The exercise of the privileges granted by an SPL shall be dependent upon the compliance of the licence holder with the applicable recency requirements and upon the validity of the medical certificate appropriate to the privileges exercised. (d) The completion of the training flight as specified in paragraph (a)(2)(ii)(A) shall be entered in the logbook of the pilot and signed by the instructor who is responsible for the training flight. Page 6 of 29  Annex IIIb to EASA Opinion No 01/2019 SFCL.120 SPL — Minimum age An applicant for an SPL shall be at least 16 years of age. SFCL.125 SPL — Student pilot (a) A student pilot shall not fly solo unless authorised to do so and supervised by a flight instructor for sailplanes (FI(S)). (b) Before his or her first solo flight, the student pilot shall be at least 14 years of age. SFCL.130 SPL — Training course and experience requirements (a) An applicant for an SPL shall complete a training course at an ATO or a DTO. The course shall be tailored to the privileges sought and shall include: (1) theoretical knowledge as specified in point SFCL.135; and (2) at least 15 hours of flight instruction in sailplanes, including at least: (i) 10 hours of dual flight instruction which shall include the dual flight instruction as specified in paragraphs (2)(iv)(A) or (2)(v)(A), as applicable; (ii) 2 hours of supervised solo flight time; (iii) 45 launches or take-offs and landings; (iv) if privileges for sailplanes, excluding TMGs, are sought, at least 7 hours of flight instruction in sailplanes, excluding TMGs, including at least: (A) 3 hours of dual flight instruction; and (B) either: (a) 1 solo cross-country flight of at least 50 km (27 NM); or (b) 1 dual cross-country flight of at least 100 km (55 NM) which, by way of derogation from paragraph (a)(2)(iv), may be completed in a TMG; and (v) if privileges for TMGs are sought, at least 6 hours of flight instruction in TMGs, including at least: (A) 4 hours of dual flight instruction; and (B) 1 solo cross-country flight of at least 150 km (80 NM) in a TMG, during which one full-stop landing at an aerodrome different from the aerodrome of departure shall be performed. (b) An applicant who holds a pilot licence for another category of aircraft, with the exception of balloons, shall be credited with 10 % of his or her total flight time as PIC on such aircraft up to a maximum of 7 hours. The amount of credit given shall in any case: Page 7 of 29  Annex IIIb to EASA Opinion No 01/2019 (1) not include the requirements of paragraphs (a)(2)(ii), (a)(2)(iv)(B) and (a)(2)(v)(B); and (2) with regard to paragraph (a)(2)(iii), not exceed 10 launches or take-offs and landings. SFCL.135 SPL — Theoretical knowledge examination (a) Theoretical knowledge An applicant for an SPL shall demonstrate a level of theoretical knowledge that is appropriate to the privileges sought through examinations on the following: (1) common subjects: (i) air law; (ii) human performance; (iii) meteorology; (iv) communications; and (2) specific subjects concerning sailplanes: (i) principles of flight; (ii) operational procedures; (iii) flight performance and planning; (iv) aircraft general knowledge related to sailplanes; and (v) navigation. (b) Responsibilities of the applicant (1) The applicant shall take the entire set of theoretical knowledge examinations for the SPL under the responsibility of the same Member State’s competent authority. (2) The applicant shall take the theoretical knowledge examination only when recommended by the ATO or the DTO that is responsible for his or her training, once he or she has completed the appropriate elements of the training course of theoretical knowledge instruction to a satisfactory standard. (3) The recommendation by the ATO or the DTO shall be valid for 12 months. If the applicant has failed to take at least one theoretical knowledge examination paper within this validity period, the need for further training shall be determined by the ATO or the DTO, based on the needs of the applicant. (c) Pass standards (1) A pass in a theoretical knowledge examination shall be awarded to the applicant when achieving at least 75 % of the marks allocated to that paper. No penalty marking shall be applied. Page 8 of 29  Annex IIIb to EASA Opinion No 01/2019 (2) Unless otherwise specified in this Annex, an applicant is considered to have successfully completed the required theoretical knowledge examination for the SPL when he or she has passed all the required theoretical knowledge examination papers within a period of 18 months counted from the end of the calendar month when the applicant first attempted to take the examination. (3) If an applicant has failed to pass one of the theoretical knowledge examination papers within four attempts or has failed to pass all papers within the period mentioned in paragraph (2) above, he or she shall retake the complete set of theoretical knowledge examination papers. (4) Before retaking the theoretical knowledge examinations, the applicant shall undertake further training at an ATO or a DTO. The extent and scope of the training needed shall be determined by the ATO or the DTO, based on the needs of the applicant. (d) Validity period The successful completion of the theoretical knowledge examinations shall be valid for a period of 24 months, counted from the day when the applicant successfully completed the theoretical knowledge examination, in accordance with subparagraph (c)(2). SFCL.140 SPL — Crediting of theoretical knowledge An applicant for the issue of an SPL shall be credited towards the theoretical knowledge requirements for the common subjects as specified in point SFCL.135(a)(1) when he or she: (a) holds a licence in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395; or (b) has passed the theoretical knowledge examinations for a licence as specified in paragraph (a), as long as this is done within the validity period specified in point SFCL.135(d). SFCL.145 SPL — Practical skill test (a) An applicant for an SPL shall demonstrate through the completion of a skill test the ability to perform, as PIC on sailplanes, the relevant procedures and manoeuvres with competency appropriate to the privileges sought. (b) An applicant shall complete the skill test in a sailplane, excluding TMGs, or a TMG, depending on the privileges sought and provided that the training course in accordance with point SFCL.130 included the necessary training elements for the relevant aircraft. An applicant who has completed a training course, including the necessary training elements for both sailplanes and TMGs, may complete 2 skill tests, 1 in a sailplane, excluding TMGs, and 1 in a TMG, in order to obtain privileges for both aircraft. Page 9 of 29  Annex IIIb to EASA Opinion No 01/2019 (c) Before a skill test for the issue of an SPL is taken, the applicant shall have passed the required theoretical knowledge examinations. (d) Pass standards (1) The skill test shall be divided into different sections, representing all the different phases of a sailplane flight. (2) Failure in any item of a section shall cause the applicant to fail the entire section. If the applicant fails in only one section, he or she shall repeat only that section. Failure in more than one section shall require the applicant to retake the entire test. (3) When the test needs to be retaken in accordance with subparagraph (d)(2), failure in any section, including those sections that have been passed at a previous attempt, shall require the applicant to retake the entire test. (e) Failure to achieve a pass in all sections of the test within two attempts shall require the applicant to receive further practical training. SFCL.150 SPL — Sailplane and TMG privileges (a) When the skill test as specified in point SFCL.145 has been completed in a sailplane, excluding TMGs, the privileges of an SPL shall be limited to sailplanes, excluding TMGs. (b) In the case specified in paragraph (a), the privileges of an SPL shall be extended to TMGs upon application when a pilot has: (1) completed at an ATO or a DTO the training elements specified in point SFCL.130(a)(2)(v); and (2) passed a skill test to demonstrate an adequate level of practical skill in a TMG. During this skill test, the applicant shall also demonstrate to the examiner an adequate level of theoretical knowledge for TMGs in the following subjects: (i) principles of flight; (ii) operational procedures; (iii) flight performance and planning; (iv) aircraft general knowledge; and (v) navigation. (c) A holder of a licence issued in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall receive full credit towards the requirements in paragraph (b) provided that he or she: (1) holds a class rating for TMGs; or (2) has TMG privileges and complies with the recency requirements in point FCL.140.A of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011. Page 10 of 29  Annex IIIb to EASA Opinion No 01/2019 (d) When the skill test as specified in point SFCL.145 has been completed in a TMG, the privileges of the SPL shall be limited to TMGs. (e) In the case specified in paragraph (d), the privileges of the SPL shall be extended upon application to sailplanes when a pilot has: (1) completed at an ATO or a DTO the training elements specified in point SFCL.130(a)(2)(iv) and at least 15 launches and landings in a sailplane, excluding TMGs; and (2) passed a skill test to demonstrate an adequate level of practical skill in a sailplane, excluding TMGs. During this skill test, the pilot shall also demonstrate to the examiner an adequate level of theoretical knowledge for sailplanes, excluding TMGs, in the following subjects: (i) principles of flight; (ii) operational procedures; (iii) flight performance and planning; (iv) aircraft general knowledge; and (v) navigation. (f) The completion of the training as specified in paragraphs (b)(1) and (e)(1) shall be entered in the logbook of the pilot and signed by the head of training of the ATO or the DTO that is responsible for the training. SFCL.155 SPL — Launching methods (a) An SPL holder shall exercise his or her privileges only by using those launching methods for which the following training has been completed, either during the training course in accordance with point SFCL.130 or point SFCL.150(e)(1), or during additional training provided by an instructor after the issue of the SPL: (1) in the case of winch launch and car launch, a minimum of 10 launches in dual flight instruction, and 5 solo launches under supervision; (2) in the case of aerotow or self-launch, a minimum of 5 launches in dual flight instruction, and 5 solo launches under supervision. In the case of self-launch, dual flight instruction may be conducted in TMGs; (3) in the case of bungee launch, a minimum of 3 launches performed in dual flight instruction or solo under supervision; and (4) in case of further launching methods, training as required by the competent authority. (b) The completion of the training as specified in paragraph (a) shall be entered in the logbook of the pilot and signed by the head of training of the ATO or the DTO or the instructor that is responsible for the training, as applicable. Page 11 of 29  Annex IIIb to EASA Opinion No 01/2019 (c) In order to maintain the privileges he or she has for each launching method, in accordance with the requirements of paragraphs (a) and (b), an SPL holder shall have completed a minimum of 5 launches during the last 2 years, except for bungee launch, in which case he or she shall have completed only 2 launches. In the case of self-launch, launches may be done in self-launch or through take-offs in TMGs or a combination of these. (d) When an SPL holder does not comply with the requirement in paragraph (c), he or she shall perform the additional number of launches flying dual or solo under the supervision of an instructor in order to renew the privileges. SFCL.160 SPL — Recency requirements (a) Sailplanes, excluding TMGs An SPL holder shall only exercise the privileges of his or her licence on sailplanes, excluding TMGs, when he or she has, in the last 2 years: (1) completed, on sailplanes, at least 5 hours of flight time as PIC or flying dual or solo under the supervision of an FI(S), including, on sailplanes, excluding TMGs, at least: (i) 15 launches; and (ii) 2 training flights with an FI(S); or (2) passed a proficiency check with an FE(S) on a sailplane, excluding TMGs; the proficiency check shall be based on the skill test for SPL. (b) TMGs An SPL holder shall only exercise the privileges of his or her licence in TMGs when he or she has, in the last 2 years: (1) completed at least 12 hours of flight time as PIC or flying dual or solo under the supervision of an instructor on sailplanes, including, on TMGs, at least: (i) 6 hours flight time; (ii) 12 take-offs and landings; and (iii) a training flight of at least 1 hour total flight time with an instructor; or (2) passed a proficiency check with an examiner; the proficiency check shall be based on the skill test as specified in point SFCL.150(b)(2). (c) An SPL holder with privileges to fly on TMGs who also holds a licence including the privileges to fly on TMGs in accordance with the provisions of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be exempted from complying with paragraph (b). (d) The completion of the dual flights and flights under supervision as specified in paragraph (a)(1), the training flights as specified in paragraphs (a)(1)(ii) and (b)(1)(iii), and the proficiency checks as specified in paragraph (a)(2) and (b)(2) shall be entered in Page 12 of 29  Annex IIIb to EASA Opinion No 01/2019 the logbook of the pilot and signed by, in the case of paragraphs (a)(1), (a)(1) and (b)(1)(iii), the responsible FI(S) and, in the case of paragraphs (a)(2) and (b)(2), the responsible FE(S). (e) Carriage of passengers An SPL holder shall only carry passengers when he or she has carried out as PIC, in the preceding 90 days, at least: (1) 3 launches in sailplanes, excluding TMGs, if passengers are to be carried in sailplanes, excluding TMGs; or (2) 3 take-offs and landings in TMGs, if passengers are to be carried in a TMG. For carrying passengers at night in a TMG, at least 1 of these take-offs and landings shall be carried out at night. Page 13 of 29  Annex IIIb to EASA Opinion No 01/2019 SUBPART ADD ADDITIONAL RATINGS AND PRIVILEGES SFCL.200 Aerobatic privileges (a) An SPL holder shall only undertake aerobatic flights in sailplanes with any engine stopped, or, in the case of paragraph (d) and (e), with engine power, when he or she holds the appropriate aerobatic privileges in accordance with this point. (b) Basic aerobatic privileges: (1) entitle its holder to undertake aerobatic flights limited to the following manoeuvres: (i) 45-degree climbing and diving lines performed as aerobatic manoeuvres; (ii) inside loops; (iii) wingover; (iv) lazy eight; and (v) spins; and (2) are included in the privileges of an SPL after a pilot has completed: (i) after the issue of the SPL, at least 30 hours of flight time or 120 launches as PIC on sailplanes; (ii) a training course at an ATO or a DTO, including: (A) theoretical knowledge instruction appropriate for the privileges sought; and (B) aerobatic flight instruction on the manoeuvres specified in paragraph (b)(1). (c) Advanced aerobatic privileges: (1) entitle its holder to undertake aerobatic flights not limited to manoeuvres as specified in paragraph (b)(1); and (2) are included in the privileges of an SPL after a pilot has: (i) complied with the requirements of paragraph (b)(2)(i); and (ii) completed a training course at an ATO or a DTO, including: (A) theoretical knowledge instruction appropriate for the privileges sought; and (B) at least 5 hours or 20 flights of aerobatic flight instruction. (d) The basic or advanced aerobatic privileges shall include aerobatic flights in sailplanes with engine power, provided that a pilot, during a training course in accordance with paragraphs (b)(2)(ii) or (c)(2)(ii), as applicable, has received training in aerobatic flight in sailplanes with engine power. Page 14 of 29  Annex IIIb to EASA Opinion No 01/2019 (e) The privileges of an SPL shall include advanced aerobatic privileges for TMGs flown with engine power when a pilot also has or has had an aerobatic rating in accordance with point FCL.800 of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, including privileges for aerobatic flight on TMGs. (f) The completion of the training course as specified in paragraphs (b)(2)(ii) and (c)(2)(ii) and, as applicable, the inclusion of training specified in paragraph (d), shall be entered in the logbook and signed by the head of training of the ATO or the DTO that is responsible for the training. SFCL.205 Sailplane towing and banner towing rating (a) An SPL holder who has privileges to fly TMGs shall only tow sailplanes or banners when he or she holds the appropriate sailplane towing or banner towing rating in accordance with this point. (b) An applicant for a sailplane towing rating shall have completed: (1) at least 30 hours of flight time as PIC and 60 take-offs and landings in TMGs, after obtaining TMG privileges; and (2) a training course at an ATO or a DTO, including: (i) theoretical knowledge instruction on sailplane towing operations and procedures; (ii) at least 10 training flights towing a sailplane, including at least 5 dual training flights; and (iii) in the case of an SPL holder with privileges restricted to TMG in accordance with point SFCL.150(d), 5 familiarisation flights in a sailplane which is launched by an aircraft. (c) An applicant for a banner towing rating shall have completed: (1) at least 100 hours of flight time and 200 take-offs and landings as PIC on TMGs, after obtaining TMG privileges; (2) a training course at an ATO or a DTO, including: (i) theoretical knowledge instruction on banner towing operations and procedures; (ii) at least 10 instruction flights towing a banner, including at least 5 dual flights. (d) An applicant for a sailplane towing rating or a banner towing rating in accordance with this point who already holds a sailplane towing or banner towing rating, as applicable, in accordance with point FCL.805(b) of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or who has fulfilled all the requirements for the issue of that rating shall: Page 15 of 29  Annex IIIb to EASA Opinion No 01/2019 (1) receive full credit towards the requirements in paragraph (b) or (c) for obtaining the sailplane towing or the banner towing rating, as applicable, when his or her relevant towing rating as specified in paragraph (d) includes privileges for towing with TMGs; or (2) have completed at least 3 dual instruction flights covering the full sailplane towing or banner towing training syllabus, as applicable, in TMGs. (e) The completion of the training course as specified in paragraphs (b)(2), (c)(2) and (d)(2) shall be entered in the logbook and signed by the head of training of the ATO or the DTO or the instructor who is responsible for the training, as applicable. (f) In order to exercise the privileges of the sailplane towing or banner towing rating, the holder of the rating shall have completed a minimum of 5 tows during the last 2 years. (g) When a holder of the sailplane towing rating does not comply with the requirement in paragraph (f), before resuming the exercise of his or her privileges, he or she shall complete the missing tows with or under the supervision of an instructor. SFCL.210 TMG night rating (a) An SPL holder with privileges to fly TMGs shall only exercise his or her TMG privileges in VFR conditions at night when he or she holds a TMG night rating in accordance with this point. (b) An applicant for a TMG night rating shall have completed a training course at an ATO or a DTO. The course shall comprise: (1) theoretical knowledge instruction in flying in visual flight rules (VFR) conditions at night; and (2) at least 5 hours of flight time in TMGs at night, including at least 3 hours of dual instruction, including at least: (i) 1 hour of cross-country navigation with at least 1 dual cross-country flight of at least 50 km (27 NM); (ii) 5 solo take-offs; and (iii) 5 solo full-stop landings. (c) Before completing the training at night, an SPL holder shall have completed the basic instrument flight training necessary for the issue of a private pilot licence (PPL) in accordance with the provisions of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011. (d) An applicant for a TMG night rating in accordance with this point shall receive full credit towards the requirements of paragraphs (b) and (c) when he or she holds a night rating in accordance with point FCL.810 of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or when he or she has fulfilled all the requirements for the issue of that rating. Page 16 of 29  Annex IIIb to EASA Opinion No 01/2019 SFCL.215 Sailplane cloud flying privileges (a) An SPL holder shall only operate a sailplane within cloud when: (1) any engine is stopped; and (2) he or she has sailplane cloud flying privileges in accordance with this point. (b) The privileges of an SPL shall include sailplane cloud flying privileges after a pilot has completed at least: (1) 30 hours as PIC in sailplanes after the issue of the licence; and (2) a training course at an ATO or a DTO, including: (i) theoretical knowledge instruction; and (ii) at least 2 hours of dual flight instruction in sailplanes with any engine stopped, controlling the aircraft solely by reference to instruments. However, a maximum of 50 % of the dual flight instruction may be completed in TMGs flown with engine power, provided that these training flights are conducted in VMC. (c) In order to obtain sailplane cloud flying privileges, an SPL holder who also holds a basic instrument rating (BIR) or an IR(A) in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or who has fulfilled all the requirements for the issue of one of these ratings, shall: (1) be credited against the requirement of paragraph (b)(2)(i); and (2) by way of derogation from paragraph (b)(2)(ii), complete at least 1 hour of dual flight instruction in a sailplane, controlling it solely by reference to instruments. (d) The completion of the training course as specified in paragraphs (b)(2) or (c)(2), as applicable, shall be entered in the logbook and signed by the head of training of the ATO or the DTO that is responsible for the training. (e) An SPL holder shall only exercise his or her sailplane cloud flying privileges when he or she has completed in the last 2 years at least 1 hour of flight time, or 5 flights, as PIC exercising cloud flying privileges in sailplanes. (f) An SPL holder with sailplane cloud flying privileges who does not comply with the requirements in paragraph (e) shall, before he or she resumes the exercise of his or her privileges: (1) pass a proficiency check with an FE(S); or (2) perform the additional flight time or flights required in paragraph (e) with an FI(S). (g) An SPL holder with sailplane cloud flying privileges who also holds a BIR or an IR(A) in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be credited in full against the requirements of paragraph (e). Page 17 of 29  Annex IIIb to EASA Opinion No 01/2019 SUBPART FI FLIGHT INSTRUCTORS Section 1 General requirements SFCL.300 Flight instructor certificate (a) General An instructor shall only carry out flight instruction in a sailplane when he or she: (1) holds: (i) an SPL including the privileges, ratings and certificates for which flight instruction is to be provided; and (ii) a sailplane flight instructor (FI(S)) certificate appropriate to the instruction carried out, and issued in accordance with this Subpart; and (2) is entitled to act as PIC in the sailplane during flight instruction. (b) Instruction provided outside the territory of the Member States (1) By way of derogation from paragraph (a)(1), in the case of flight instruction provided during a training course approved in accordance with this Annex (Part- SFCL) outside the territory for which Member States are responsible under the Chicago Convention, the competent authority shall issue a flight instructor certificate to an applicant who holds a sailplane pilot licence that is compliant with Annex 1 to the Chicago Convention, provided that the applicant: (i) holds at least a licence including, where relevant, privileges, ratings or certificates equivalent to those for which he or she is authorised to instruct; (i) complies with the requirements established in this Subpart for the issue of the FI(S) certificate with the relevant instructional privileges; and (iii) demonstrates to the competent authority an adequate level of knowledge of European aviation safety rules to be able to exercise his or her instructional privileges in accordance with this Annex. (2) The certificate shall be limited to the provision of flight instruction: (i) outside the territory for which Member States are responsible under the Chicago Convention; and (ii) to a student pilot who has sufficient knowledge of the language in which flight instruction is provided. Page 18 of 29  Annex IIIb to EASA Opinion No 01/2019 Section 2 Flight instructor certificate for sailplanes — FI(S) SFCL.315 FI(S) certificate — Privileges and conditions (a) Subject to compliance of the applicant with point SFCL.320 and with the following conditions, an FI(S) certificate shall be issued upon application with privileges to conduct flight instruction for: (1) an SPL; (2) additional sailplane privileges in accordance with point SFCL.150(e); (3) launching methods in accordance with point SFCL.155, provided that the applicant has completed as PIC: (i) in the case of aerotow launch, at least 30 launches; or (ii) in the case of winch launch, at least 50 launches; (4) additional TMG privileges in accordance with point SFCL.150(b), provided that the applicant has: (i) completed 30 hours of flight time as PIC on TMGs; (ii) completed the training as specified in point SFCL.330(b)(2); and (iii) demonstrated the ability to instruct on TMGs to an FI(S) who is qualified in accordance with subparagraph (a)(7) and nominated by the head of training of the ATO or the DTO; (5) basic aerobatic, advanced aerobatic or sailplane cloud flying privileges or the sailplane towing or the banner towing rating, provided that the applicant: (i) in the case of instruction for basic aerobatic or advanced aerobatic privileges, holds advanced aerobatic privileges in accordance with point SFCL.200(c); and (ii) has demonstrated the ability to instruct for the relevant privileges or rating to an FI(S) who is qualified in accordance with subparagraph (a)(7) and nominated by the head of training of an ATO or a DTO; (6) TMG flight at night, provided that the applicant: (i) complies with the night experience requirement in point SFCL.160(e)(2); and (ii) has demonstrated the ability to instruct on TMGs at night to an FI(S) who is qualified in accordance with subparagraph (a)(7) and nominated by the head of training of an ATO or a DTO; (7) an FI(S) certificate, provided that the applicant has: (i) completed 50 hours or 150 launches of flight instruction in sailplanes; and Page 19 of 29  Annex IIIb to EASA Opinion No 01/2019 (ii) in accordance with the procedures established for that purpose by the competent authority, demonstrated the ability to instruct for the FI(S) certificate to an FI(S) who is qualified in accordance with this paragraph and nominated by the head of training of an ATO or a DTO. (b) The privileges listed in paragraph (a) shall include the privileges to conduct flight instruction for: (1) the issue of the relevant licence, privileges, ratings or certificate; and (2) the revalidation, renewal or compliance with the relevant recency requirements of this Annex, as applicable. SFCL.320 FI(S) certificate — Prerequisites and requirements An applicant for an FI(S) certificate shall: (a) be at least 18 years of age; (b) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point SFCL.300; (c) have completed 100 hours of flight time and 200 launches as PIC on sailplanes; (d) have completed an instructor training course in accordance with point SFCL.330 at an ATO or a DTO; and (e) have passed an assessment of competence in accordance with point SFCL.345. SFCL.325 FI(S) competencies and assessment An applicant for an FI(S) certificate shall be trained to achieve the following competencies: (a) prepare resources; (b) create a climate conducive to learning; (c) present knowledge; (d) integrate threat and error management (TEM) and crew resource management (CRM); (e) manage time to achieve training objectives; (f) facilitate learning; (g) assess trainee performance; (h) monitor and review progress; (i) evaluate training sessions; and (j) report outcome. Page 20 of 29  Annex IIIb to EASA Opinion No 01/2019 SFCL.330 FI(S) — Training course (a) An applicant for an FI(S) certificate shall have passed a specific pre-entry assessment at an ATO or a DTO within the 12 months preceding the start of the course, to assess his or her ability to undertake the course. (b) The FI(S) training course shall include: (1) on sailplanes, excluding TMGs: (i) the elements specified in point SFCL.325; (ii) 25 hours of teaching and learning; (iii) 30 hours of theoretical knowledge instruction, including progress tests; (iv) at least 6 hours, of which a maximum of 3 hours may be completed in TMGs, or 20 launches of flight instruction; and (2) additionally, when the privileges of the FI(S) certificate will include the privileges as specified in point SFCL.315(a)(4) and (a)(6), at least 6 hours of dual flight instruction on TMGs. (c) An applicant who already holds an instructor certificate in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall receive full credit for the requirement in paragraph (b)(1)(ii). (d) When applying for an FI(S) certificate, a pilot who holds or has held an FI(A), (H) or (As) shall be credited with 18 hours towards the requirements in paragraph (b)(1)(iii). SFCL.345 FI(S) — Assessment of competence (a) An applicant for the issue of an FI(S) certificate shall pass an assessment of competence to demonstrate to an examiner who is qualified in accordance with point SFCL.415(c) the ability to instruct a student pilot to the level required for the issue of an SPL. (b) The assessment shall include: (1) the demonstration of the competencies described in point SFCL.325, during pre- flight, post-flight and theoretical knowledge instruction; (2) oral theoretical examinations on the ground, pre-flight and post-flight briefings, and in-flight demonstrations in sailplanes; (3) exercises adequate to evaluate the instructor’s competencies. (c) The assessment of competence for the initial issue of an FI(S) certificate shall be conducted in sailplanes, excluding TMGs. SFCL.350 FI(S) — Restricted privileges Page 21 of 29  Annex IIIb to EASA Opinion No 01/2019 (a) An FI(S) shall have his or her privileges limited to conducting flight instruction under the supervision of an unrestricted FI(S) nominated by the ATO or the DTO for this purpose, in the following cases: (1) for the issue of an SPL; (2) for extending the privileges of an SPL to additional sailplane or TMG privileges in accordance with point SFCL.150; (3) for extending the privileges of an SPL to additional launching methods in accordance with point SFCL.155; and (4) for basic aerobatic, advanced aerobatic or sailplane cloud flying privileges or for the sailplane towing or banner towing rating. (b) Whilst conducting training under supervision, in accordance with paragraph (a), the FI(S) shall not have the privilege to authorise a student pilot to conduct his or her first solo flight or first solo cross-country flight. (c) The limitations in (a) and (b) shall be removed from the FI(S) certificate when the FI(S) has completed at least 15 hours or 50 launches of flight instruction covering all phases of a sailplane flight. In the case of a restricted FI(S) who complied with point SFCL.330(b)(2), 5 out of these 15 hours may be completed in TMGs, and 15 out of these 50 launches may be replaced by take-offs and landings in TMGs. SFCL.360 FI(S) certificate — Recency requirements (a) An FI(S) certificate holder shall only exercise the privileges of his or her certificate when he or she has: (1) within the last 3 years, completed: (i) instructor refresher training at an ATO, a DTO, or a competent authority during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for sailplane instructors; and (ii) when providing flight instruction as FI(S), at least: (A) 30 hours; or (B) 60 launches or take-offs and landings; and (2) within the last 9 years and in accordance with the procedures established for that purpose by the competent authority, demonstrated the ability to instruct on sailplanes to an FI(S) who is qualified in accordance with point SFCL.315(a)(7) and nominated by the head of training of an ATO or a DTO. (b) The hours flown as an FE(S) during skill tests, proficiency checks and assessments of competence shall be credited in full towards the requirement in paragraph (a)(1)(ii). (c) When the FI(S) certificate holder has failed to complete the instruction flight under supervision to the satisfaction of the FI(S) in accordance with paragraph (a)(2), he or she Page 22 of 29  Annex IIIb to EASA Opinion No 01/2019 shall not exercise the privileges of the FI(S) certificate until he or she has successfully completed an assessment of competence in accordance with point SFCL.345. (d) An FI(S) certificate holder who does not comply with the requirements in paragraph (a) shall comply with the requirements of paragraph (a)(1)(i) and of point SFCL.345 before he or she can resume the exercise of the privileges of the FI(S) certificate., Page 23 of 29  Annex IIIb to EASA Opinion No 01/2019 SUBPART FE FLIGHT EXAMINERS Section 1 General requirements SFCL.400 Sailplane flight examiner certificates (a) General An examiner shall only carry out skill tests, proficiency checks or assessments of competence in accordance with this Annex when he or she: (1) holds: (i) an SPL including privileges, ratings and certificates for which he or she is authorised to conduct skill tests, proficiency checks or assessments of competence, and the privileges to instruct for them; (ii) an FE(S) certificate including privileges appropriate to the skill test, proficiency check or assessment of competence conducted, issued in accordance with this Subpart; and (2) is entitled to act as PIC in a sailplane during the skill test, proficiency check or assessment of competence. (b) Examinations conducted outside the territory of the Member States (1) By way of derogation from paragraph (a)(1), in the case of skills tests and proficiency checks performed outside the territory for which Member States are responsible under the Chicago Convention, a competent authority shall issue an examiner certificate to an applicant who holds a sailplane pilot licence that is compliant with Annex 1 to the Chicago Convention, provided that the applicant: (i) holds at least a licence including, where relevant, privileges, ratings or certificates equivalent to those for which he or she is authorised to conduct skill tests or proficiency checks; (ii) complies with the requirements established in this Subpart for the issue of the relevant examiner certificate; and (iii) demonstrates to the competent authority an adequate level of knowledge of European aviation safety rules to be able to exercise the examiner privileges in accordance with this Annex. (2) The certificate referred to in subparagraph (1) shall be limited to performing skill tests and proficiency checks: (i) outside the territory for which Member States are responsible under the Chicago Convention; and Page 24 of 29  Annex IIIb to EASA Opinion No 01/2019 (ii) to a pilot who has sufficient knowledge of the language in which the test/check is provided. SFCL.405 Limitation of privileges in case of vested interests A sailplane examiner shall not conduct: (a) a skill test or assessment of competence of an applicant for the issue of a licence, rating or certificate to whom he or she has provided more than 50 % of the required flight instruction for the licence, rating or certificate for which the skill test or assessment of competence is taken; or (b) a skill test, proficiency check or assessment of competence whenever he or she feels that his or her objectivity may be affected. SFCL.410 Conduct of skill tests, proficiency checks and assessments of competence (a) When conducting skill tests, proficiency checks and assessments of competence, a sailplane examiner shall do all of the following: (1) ensure that communication with the applicant can be established without language barriers; (2) verify that the applicant complies with all the qualification, training and experience requirements of this Annex for the issue, revalidation or renewal of the licence, privileges, rating or certificate for which the skill test, proficiency check or assessment of competence is taken; and (3) make the applicant aware of the consequences of providing incomplete, inaccurate or false information related to his or her training and flight experience. (b) After completion of the skill test, proficiency check or assessment of competence, the sailplane examiner shall: (1) inform the applicant of the results of the skill test, proficiency check or assessment of competence; (2) in the event of a pass in an assessment of competence for the revalidation or renewal, endorse the new expiry date on the applicant’s licence or certificate, if specifically authorised for that purpose by the competent authority that is responsible for the applicant’s licence; (3) provide the applicant with a signed report of the skill test, proficiency check or assessment of competence and submit without undue delay copies of the report to the competent authority that is responsible for the applicant’s licence, and to the competent authority that issued the examiner certificate. The report shall include: (i) a declaration that the sailplane examiner has received information from the applicant regarding his or her experience and instruction, and found that Page 25 of 29  Annex IIIb to EASA Opinion No 01/2019 experience and instruction comply with the applicable requirements of this Annex; (ii) confirmation that all the required manoeuvres and exercises have been completed, as well as information on the verbal theoretical knowledge examination, when applicable. If an item has been failed, the examiner shall record the reasons for this assessment; (iii) the result of the skill test, proficiency check or assessment of competence; (iv) a declaration that the sailplane examiner has reviewed and applied the national procedures and requirements of the applicant’s competent authority if the competent authority that is responsible for the applicant’s licence is not the one that issued the examiner’s certificate; (v) a copy of the sailplane examiner certificate containing the scope of his or her privileges as sailplane examiner in the case of skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner’s certificate. (c) The sailplane examiner shall maintain the records for 5 years with details of all skill tests, proficiency checks and assessments of competence performed and their results. (d) Upon request by the competent authority that is responsible for the sailplane examiner certificate, or the competent authority that is responsible for the applicant’s licence, the sailplane examiner shall submit all records and reports, and any other information, as required, for oversight activities. Page 26 of 29  Annex IIIb to EASA Opinion No 01/2019 Section 2 Flight examiner certificate for sailplanes — FE(S) SFCL.415 FE(S) certificate — Privileges and conditions Subject to compliance of the applicant with point SFCL.420 and with the following conditions, an FE(S) certificate shall be issued upon application with privileges to conduct: (a) skill tests and proficiency checks for the SPL, provided that the applicant has completed, on sailplanes, excluding TMGs, 300 hours of flight time as a pilot, including 150 hours or 300 launches of flight instruction; (b) skill tests for the extension of the SPL privileges to TMG in accordance with point SFCL.150(e), provided that the applicant has completed 300 hours of flight time on sailplanes, including 50 hours of flight instruction in TMGs; (c) assessments of competence for the issue of FI(S) certificates on sailplanes, provided that the applicant has: (1) completed at least 500 hours of flight time as pilot on sailplanes, including: (i) if the privileges of the FE(S) certificate will be exercised in sailplanes, excluding TMGs, at least 10 hours or 30 launches instructing the applicant for an FI(S) certificate in sailplanes, excluding TMGs; and (ii) if the privileges of the FE(S) certificate will be exercised in TMGs, at least 10 hours or 30 take-offs and landings instructing the applicant for an FI(S) certificate in TMGs; and (2) received specific training during an examiner standardisation course in accordance with point SFCL.430. SFCL.420 FE(S) certificate — Prerequisites and requirements An applicant for an FE(S) certificate shall: (a) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point SFCL.400; (b) have completed the FE(S) standardisation course in accordance with point SFCL.430; (c) have completed an assessment of competence in accordance with point SFCL.445; (d) demonstrate relevant background related to the privileges of the FE(S) certificate; and (e) demonstrate that he or she has not been subject to any sanctions, including the suspension, limitation or revocation of any of his or her licences, ratings or certificates issued in accordance with this Annex, with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, or with Annex III (Part-BFCL) to Commission Regulation 2018/395, for non-compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts during the last 3 years. Page 27 of 29  Annex IIIb to EASA Opinion No 01/2019 SFCL.430 FE(S) certificate — Standardisation course (a) An applicant for an FE(S) certificate shall take a standardisation course which is provided either by the competent authority or by an ATO or a DTO and approved by that competent authority. (b) The standardisation course shall be tailored to the sailplane flight examiner privileges sought and shall consist of theoretical and practical instruction, including, at least: (1) the conduct of 2 skill tests, proficiency checks or assessments of competence for the SPL or associated ratings or certificates; (2) instruction on the applicable requirements of this Annex and the applicable air operations requirements, the conduct of skill tests, proficiency checks and assessments of competence, and their documentation and reporting; (3) a briefing on the following: (i) national administrative procedures; (ii) requirements for the protection of personal data; (iii) examiner’s liability; (iv) examiner’s accident insurance; (v) national fees; and (vi) information on how to access the information contained in points (i) to (v) when conducting skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner certificate. (c) An FE(S) certificate holder shall not conduct skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner certificate, unless he or she has reviewed the latest available information containing the relevant national procedures of the applicant’s competent authority. SFCL.445 FE(S) certificate — Assessment of competence An applicant for the initial issue of an FE(S) certificate shall demonstrate his or her competence to an inspector from the competent authority or to a senior examiner specifically authorised to do so by the competent authority that is responsible for the FE(S) certificate. During the assessment of competence, the applicant shall conduct a skill test, proficiency check or assessment of competence, including briefing, conduct of the skill test, proficiency check or assessment of competence, and assessment of the person to whom the test, check or assessment is given, debriefing and recording documentation. SFCL.460 FE(S) certificate — Validity, revalidation and renewal Page 28 of 29  Annex IIIb to EASA Opinion No 01/2019 (a) An FE(S) certificate shall be valid for 5 years. (b) An FE(S) certificate shall be revalidated when its holder has: (1) during the validity period of the FE(S) certificate, completed an examiner refresher course which is provided either by the competent authority or by an ATO or a DTO and approved by that competent authority, during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for sailplane examiners; and (2) within the last 24 months preceding the end of the validity period of the certificate, demonstrated the ability to conduct skill tests, proficiency checks or assessments of competence to an inspector from the competent authority or an examiner specifically authorised to do so by the competent authority that is responsible for the FE(S) certificate. (c) An FE(S) certificate holder who also holds one or more examiner certificates for other aircraft categories in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 may achieve combined revalidation of all examiner certificates held, in agreement with the competent authority. (d) If an FE(S) certificate has expired, its holder shall comply with the requirements of paragraph (b)(1) and of point SFCL.445 before he or she can resume the exercise of the privileges of the FE(S) certificate. (e) An FE(S) certificate shall only be revalidated or renewed if the applicant demonstrates continued compliance with the requirements of point SFCL.410 as well as with the requirements of point SFCL.420(d) and (e). Page 29 of 29 European Union Aviation Safety Agency Opinion No 01/2019 (B) Revision of the balloon licensing requirements RMT.0654 Revision of the sailplane licensing requirements RMT.0701 EXECUTIVE SUMMARY This Opinion delivers the results of three rulemaking tasks (RMTs): RMT.0677 ‘Easier access for general aviation pilots to instrument flight rules (IFR) flying’, and the combined RMT.0654 ‘Revision of the balloon licensing requirements’/RMT.0701 ‘Revision of the sailplane licensing requirements’. The detailed structure of this Opinion and the reason for combining these RMTs into one opinion are given in Section 1.1. The objective of this Opinion regarding RMT.0654/RMT.0701 is to establish a simpler, lighter and better regulatory framework for flight crew licensing (FCL) related to balloons and sailplanes. For this purpose, Part (B) of Opinion No 01/2019 proposes to extract all balloon and sailplane FCL provisions of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 and to revise and reintroduce them as new Annex III ‘Part-BFCL — Balloon flight crew licensing’ into Regulation (EU) 2018/395 and as Annex III ‘Part-SFCL — Sailplane flight crew licensing’ into Regulation (EU) 2018/1976, in order to complete the ‘balloon and sailplane rulebooks’. At the same time, the requirements in other annexes to Regulation (EU) No 1178/2011 on the acceptance of third-country licences (Annex III), medical requirements for pilots (Annex IV ‘Part-MED’), authority requirements (Annex VI ‘Part-ARA’) and requirements for training organisations (Annex VII ‘Part-ORA’; Annex VIII ‘Part-DTO’) should remain applicable and be revised, as necessary, in order to reflect the migration of the balloon and sailplane FCL requirements from Part-FCL to the new Part-BFCL and Part-SFCL. The proposed Part-BFCL and Part-SFCL contain numerous alleviations and simplifications, compared to the current balloon and sailplane FCL provisions in Part-FCL. Enhanced flexibility and a more performance-based approach in several areas avoid overregulation while still keeping a regulatory level that is needed in order not to compromise safety. The proposed amendments are expected to maintain safety while reducing the regulatory burden for both pilots and training organisations of balloons and sailplanes as well as competent authorities. Action area: General aviation Affected rules: Regulation (EU) No 1178/2011; Regulation (EU) 2018/395; Regulation (EU) 2018/1976 Affected stakeholders: Balloon and sailplane operators, pilots, instructors and examiners; training organisations; competent authorities Driver: Efficiency/proportionality Rulemaking group: No (external expert group) Impact assessment: Light Rulemaking Procedure: Article 16: Accelerated procedure RMT.0654: 16.9.2016 21.6.2018 18.2.2019 2019/Q4 2019/Q4 RMT.0701: 15.12.2016 26.6.2018 TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 1 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) Table of contents Table of contents 1. About this Opinion............................................................................................................................... 4 1.1. How this Opinion was developed ........................................................................................................4 1.2. The next steps......................................................................................................................................5 2. In summary — why and what ............................................................................................................... 6 2.1. Why we need to change the rules — issue/rationale .........................................................................6 2.2. What we want to achieve — objectives ..............................................................................................7 2.3. How we want to achieve it — overview of the proposals ...................................................................7 2.3.1. General ............................................................................................................................................7 2.3.2. Major amendments and achievements (Part-BFCL and Part-SFCL).................................................8 2.3.2.1. Deletion of the LAPL for balloons and sailplanes ........................................................................8 2.3.2.2. Revalidation requirements for the FI certificate .........................................................................9 2.3.2.3. Revalidation requirements for the FE certificate ........................................................................9 2.3.2.4. Merging of FE and FIE certificate ...............................................................................................10 2.3.2.5. Vested interests .........................................................................................................................10 2.3.3. Further major changes and achievements (Part-BFCL) .................................................................10 2.3.3.1. Recency requirements ...............................................................................................................10 2.3.3.2. Commercial operation rating ....................................................................................................11 2.3.3.3. Changes to the requirements for the FI(B) ................................................................................11 2.3.4. Further major changes and achievements (Part-SFCL)..................................................................12 2.3.4.1. Endorsements for aerobatic flight and sailplane cloud flying privileges as well as for additional launching methods ...................................................................................................12 2.3.4.2. Privileges for commercial operation and carriage of passengers .............................................12 2.3.4.3. Sailplane and TMG privileges ....................................................................................................13 2.3.4.4. Cross-crediting between Part-FCL and Part-SFCL ......................................................................13 2.3.4.5. Aerobatic privileges for sailplanes pilots ...................................................................................14 2.3.5. The structure and content of the new regulatory framework (articles) ........................................14 2.3.6. Changes to Annexes I (Part-DEF) of the Balloon Regulation and the Sailplane Regulation ..........17 2.3.7. Amendments to Annex I (Part-BOP) to Regulation (EU) 2018/395 ...............................................17 2.3.8. The structure and content of the new regulatory framework (Part-BFCL and Part-SFCL) ............17 2.3.9. Amendments to Regulation (EU) No 1178/2011 ...........................................................................20 2.3.9.1. General ......................................................................................................................................20 2.3.9.2. Act ..............................................................................................................................................20 2.3.9.3. Annex I (Part-FCL) ......................................................................................................................21 2.3.9.4. Annex III .....................................................................................................................................22 2.3.9.5. Annex IV (Part-MED) ..................................................................................................................22 2.3.9.6. Annex VI (Part-ARA) ...................................................................................................................22 2.3.9.7. Annex VII (Part-ORA) .................................................................................................................23 2.3.9.8. Annex VIII (Part-DTO) ................................................................................................................23 2.4. What are the stakeholders’ views — outcome of the consultation..................................................23 2.4.1. General ..........................................................................................................................................23 2.4.2. Comments and conclusions related to both balloons and sailplanes ............................................23 2.4.2.1. LAPL medical certificate for instructors and examiners ............................................................23 2.4.2.2. Validity and revalidation of the FI and FE certificates ...............................................................24 2.4.2.3. Crediting of theoretical knowledge ...........................................................................................25 2.4.2.4. Modular national training routes ..............................................................................................25 2.4.2.5. Instruction outside the Member States ....................................................................................25 2.4.2.6. Vested interests .........................................................................................................................26 2.4.2.7. Revalidation requirements for examiners .................................................................................26 TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 2 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) Table of contents 2.4.3. Comments and conclusions related to balloons ............................................................................26 2.4.3.1. Age limitation for commercial passenger ballooning (CPB) ......................................................26 2.4.3.2. Recency requirements for commercial privileges .....................................................................27 2.4.3.3. Duration of the FI training course and deletion of the ‘FI restricted’ concept .........................27 2.4.3.4. Experience of examiners for the commercial operation rating ................................................28 2.4.4. Comments and conclusions related to sailplanes ..........................................................................28 2.4.4.1. Transitional period from national regulations to Part-SFCL ......................................................28 2.4.4.2. Revised definition of a TMG ......................................................................................................28 2.4.4.3. Logbook endorsements for additional privileges ......................................................................29 2.4.4.4. Minimum training route for TMG privileges .............................................................................29 2.4.4.5. Launching methods used during SPL training............................................................................30 2.4.4.6. Additional launch method: ‘gravity launch’ ..............................................................................31 2.4.4.7. Scope of basic aerobatic privileges............................................................................................31 2.4.4.8. Banner towing rating .................................................................................................................31 2.4.4.9. Cloud flying training under engine power .................................................................................32 2.5. What are the expected benefits and drawbacks of the proposals ...................................................32 2.5.1. General ..........................................................................................................................................32 2.5.2. Overview of the different options ..................................................................................................32 2.5.3. Analysis of the impacts of different options ..................................................................................34 2.5.4. Conclusion ......................................................................................................................................35 2.6. How we monitor and evaluate the rules ...........................................................................................36 3. References ........................................................................................................................................ 37 3.1. Affected regulations ..........................................................................................................................37 3.2. Related decisions ...............................................................................................................................37 3.3. Other reference documents ..............................................................................................................37 4. Appendices........................................................................................................................................ 39 4.1. Appendix 1: Content of Part-BFCL and comparison with Part-FCL....................................................39 4.2. Appendix 2: Content of Part-SFCL and comparison with Part-FCL ....................................................49 TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 3 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 1. About this Opinion 1. About this Opinion 1.1. How this Opinion was developed The European Union Aviation Safety Agency (EASA) developed this Opinion in line with Regulation (EU) 2018/11391 (‘Basic Regulation’) and the Rulemaking Procedure2. It contains the results of three rulemaking tasks (RMTs) related to general aviation (GA) issues which all affect Regulation (EU) No 1178/20113. For this reason, EASA decided to combine the draft amendments to Regulation (EU) No 1178/2011 that result from all three RMTs into one consolidated document while separate explanatory notes elaborate on the background and detailed explanations for the different RMTs. The structure of this Opinion, including its annexes, is the following: — Opinion No 01/2019:  Opinion No 01/2019 (A) (Part A): Explanatory Note related to RMT.0677 (Easier access for general aviation pilots to instrument flight rules flying)  Opinion No 01/2019 (B) (Part B): Explanatory Note related to RMT.0654/RMT.0701 (Revision of the balloon and sailplane licensing requirements) — Annex Ia to Opinion 01/2019: Amendments to Regulation (EU) No 1178/2011 — Cover Regulation — Annex Ib to Opinion 01/2019: Amendments to Regulation (EU) No 1178/2011 — Annexes — Annex IIa to Opinion 01/2019: Amendments to Regulation (EU) 2018/395 — Cover Regulation — Annex IIb to Opinion 01/2019: Amendments to Regulation (EU) 2018/395 — Annexes — Annex IIIa to Opinion 01/2019: Amendments to Regulation (EU) 2018/1976 — Cover Regulation — Annex IIIb to Opinion 01/2019: Amendments to Regulation (EU) 2018/1976 — Annexes For the purpose of this document, references to ‘this Opinion’ or ‘this rulemaking activity’ shall be understood as referring to the scope of Opinion No 01/2019 (B). The related rulemaking activity is included in the EASA 5-year Rulemaking Programme4 under RMT.0654 (for the review of the balloon licensing requirements) and RMT.0701 (for the review of the sailplane licensing requirements). The scope and timescales of the task were defined in the related ToRs5. The draft text of this Opinion has been developed by the expert groups of RMT.0654 and RMT.0701 (hereinafter: RMT.0654 expert group and RMT.0701 expert group) followed by a review and revision by 1 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1) (https://eur- lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018R1139&qid=1538580231987&from=DE). 2 EASA is bound to follow a structured rulemaking process as required by Article 115(1) of Regulation (EU) 2018/1139. Such a process has been adopted by the EASA Management Board (MB) and is referred to as the ‘Rulemaking Procedure’. See MB Decision No 18-2015 of 15 December 2015 replacing Decision 01/2012 concerning the procedure to be applied by EASA for the issuing of opinions, certification specifications and guidance material (http://www.easa.europa.eu/the-agency/management-board/decisions/easa-mb-decision-18-2015-rulemaking-procedure). 3 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 (OJ L 311, 25.11.2011, p. 1) (https://eur- lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R1178&qid=1547642686121&from=EN). 4 http://easa.europa.eu/rulemaking/annual-programme-and-planning.php 5 RMT.0654: https://www.easa.europa.eu/sites/default/files/dfu/ToR-RMT.0654.pdf; RMT.0701: https://www.easa.europa.eu/sites/default/files/dfu/ToR%20RMT.0701%20Issue%201.pdf TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 4 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 1. About this Opinion EASA. All interested parties were consulted through focused consultation workshops held on 21 June 2018 (RMT.0654) and on 26 June 2018 (RMT.0701) (one-day public workshops) at EASA. Additionally, a written consultation with the relevant EASA advisory bodies6 was conducted from 16 October to 13 November 2018. The final text of this Opinion and the draft regulations have been developed by EASA, taking into consideration the input from the RMT.0654 and RMT.0701 expert groups and the outcome of both the focused consultation workshops as well as the written consultation with the EASA advisory bodies. The draft rule text proposed by EASA is published on the EASA website7. The major milestones of this rulemaking activity are presented on the title page. 1.2. The next steps This Opinion contains the proposed amendments to Commission Regulation (EU) No 1178/2011, Commission Regulation (EU) 2018/3958, and Commission Implementing Regulation (EU) 2018/1976. It is submitted to the European Commission to be used as a technical basis in order to prepare EU regulations. The decision containing the related acceptable means of compliance (AMC) and guidance material (GM) will be published by EASA when the related regulations are adopted by the European Commission. 6 General Aviation (GA) TeB & GA Committee. 7 http://easa.europa.eu/document-library/opinions 8 Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10) (https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32018R0395&from=EN). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 5 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what 2. In summary — why and what 2.1. Why we need to change the rules — issue/rationale Currently, the European rules for flight crew licensing (FCL) for balloons and sailplanes in force are laid down in Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 (the Aircrew Regulation). This Regulation contains technical requirements and administrative procedures for FCL not only for balloons and sailplanes but also for aeroplanes, helicopters, airships as well as powered-lift aircraft. In this respect, stakeholders have continuously raised the following concerns as regards FCL for balloons and sailplanes: — The level of details in the requirements, while being appropriate for FCL for other aircraft categories (mainly aeroplanes and helicopters), is too high for both the balloon and sailplane domains. — The proportionality of some requirements (e.g. recency requirements for pilots, revalidation and renewal requirements for instructors and examiners), again, while being appropriate for other aircraft categories regulated in Part-FCL, is not given with regard to the requirements related to balloons and sailplanes. — The availability of two different licences with almost the same scope of privileges (LAPL and BPL/SPL) adds unnecessary complexity to the overall licensing system for balloons and sailplanes. In the context of the General Aviation (GA) Road Map9, EASA took into consideration the concerns raised by stakeholders and decided to develop simpler and more proportionate rules for FCL for balloons and sailplanes. This includes the following major measures: — Extraction of the FCL requirements for balloons and sailplanes from Part-FCL and reintroduction as new annexes to Commission Regulation (EU) 2018/395 (the Balloon Regulation) and Commission Implementing Regulation (EU) 2018/197610 (the Sailplane Regulation), thereby establishing separate regulations that have both operational and FCL requirements under ‘one roof’; and — restructuring and simplification of the FCL rules for balloons and sailplanes, when reintroducing them as described in the previous indent, in order to establish a simpler, lighter and better regulatory framework for FCL for balloons and sailplanes, tailored to the needs of balloon and sailplane stakeholders. Once this extraction, revision and reintroduction of the FCL requirements for balloons and sailplanes will be achieved, the new regulatory structure for balloons and sailplanes will be the following: Commission Regulation (EU) 2018/395 (balloons) Annex I (Part-DEF): Definitions Annex II (Part-BOP): Balloon air operations Annex III (Part-BFCL): Balloon flight crew licensing 9 https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map 10 Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 6 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what Commission Implementing Regulation (EU) 2018/1976 (sailplanes) Annex I (Part-DEF): Definitions Annex II (Part-SAO): Sailplane air operations Annex III (Part-SFCL): Sailplane flight crew licensing EASA is of the opinion that this new regulatory framework covering both operational and FCL domains of balloons and sailplanes in specific regulations will meet the needs of balloon and sailplane stakeholders. Balloon and sailplane pilots, training providers and operators are expected to benefit from such a concise regulatory framework which does not compromise safety. 2.2. What we want to achieve — objectives The overall objectives of the EASA system are defined in Article 1 of Regulation (EU) 2018/1139. This proposal will contribute to the achievement of the overall objectives by addressing the issues outlined in Chapter 2. The specific objective of this proposal is, therefore, to establish FCL requirements for balloons and sailplanes that are proportionate to the nature and the complexity as well as the risks of balloon and sailplane activities. 2.3. How we want to achieve it — overview of the proposals 2.3.1. General As already explained in Section 2.1., the existing FCL requirements for balloons and sailplanes are extracted from Part-FCL and, after being restructured and simplified, added as new annexes to the Balloon Regulation (new Annex III ‘Part-BFCL’) and the Sailplane Regulation (new Annex III ‘Part-SFCL’). The major changes and achievements of the FCL requirements for balloons and sailplanes done during this revision are summarised in Sections 2.3.2. to 2.3.4. In Section 2.3.5., the structure and content of the changes to the Balloon Regulation and the Sailplane Regulation (articles) are explained. In Section 2.3.6., the changes to Annexes I (Part-DEF) of both the Balloon Regulation and the Sailplane Regulation are explained. In Section 2.3.7., the changes to Annex II (Part-BOP) to Regulation (EU) 2018/395 are explained. In Section 2.3.8., the overall structure of Part-BFCL and Part-SFCL is explained, and an overview of the content is provided. Finally, Section 2.3.9. illustrates the changes to the Aircrew Regulation that are necessary in the context of the introduction of Part-BFCL and Part-SFCL. Further and more detailed information on the changes and especially the differences between Part-FCL on the one side and the new Part-BFCL and Part-SFCL on the other side (including cross references between Part-BFCL, Part-SFCL and Part-FCL) are illustrated in the tables in Appendices 4.1. and 4.2. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 7 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what Some of the draft rule text that is presented with this Opinion is highlighted with blue colour in order to indicate those draft rules that need to be adopted with a delegated act, in accordance with Article 68 Regulation (EU) 2018/1139. 2.3.2. Major amendments and achievements (Part-BFCL and Part-SFCL) 2.3.2.1. Deletion of the LAPL for balloons and sailplanes Under Part-FCL, the current regulatory framework with two licences for both balloons (LAPL(B), BPL) and sailplanes (LAPL(S), SPL) has been identified to be a redundant licensing system that causes unnecessary complexity and burden: — The level of medical fitness (LAPL medical certificate or class 2 medical certificate) is the only criterion to determine whether an applicant can obtain an LAPL or a BPL/SPL. However, applicants for both LAPL and BPL/SPL have to complete the same training and testing, they are obliged to comply with identical recency requirements, and they are entitled to act as pilots on the same aircraft (LAPL(B) holders are restricted to balloons with a smaller envelope size, but this was identified by the RMT.0654 expert group to be rather irrelevant with regard to the medical fitness of the pilot). — Although qualified on the same level, instructors that hold an LAPL for balloons or sailplanes were not allowed to provide instruction for the issue of a BPL or an SPL (point FCL.915(b)(1) of Part-FCL). — According to point MED.A.030 of Annex IV (Part-MED) to the Aircrew Regulation, even a temporary decrease in medical fitness resulting in the ‘downgrading’ from a class 2 medical certificate to an LAPL medical certificate required a temporary reissue of a BPL or an SPL as LAPL. When Part-FCL had been introduced, the main reason for establishing this ‘dual’ system has been to allow pilots with a lower medical fitness to obtain a basic licence for leisure pilot activities, restricted to non-commercial operation and (due to ICAO non-compliance of the LAPL medical certificate) to flying only within the territory of the Member States. However, during the work of RMT.0654 and RMT.0701, it has been concluded that, while keeping these advantages of basic pilot privileges with certain operational restrictions, the licensing system itself can be simplified, as the requirements for obtaining and maintaining both balloon licences as well as both sailplane licences are identical. The requirements for the LAPL are therefore deleted for both balloons and sailplanes, and the balloon pilot licence (BPL) and sailplane pilot licence (SPL) remain as the sole licences for the respective aircraft category. Applicants for and holders of a BPL or an SPL will need to hold at least an LAPL medical certificate issued in accordance with Part-MED, except for the commercial transport of passengers for which still a class 2 medical certificate will be required. When holding an LAPL medical certificate, holders of a BPL or an SPL will also be restricted to exercise their privileges within the territory of the Member States. Point MED.A.030 of Annex IV (Part-MED) is proposed to be amended accordingly. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 8 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what This concept of a single licence with a (potential) scope of privileges solely depending from the medical certificate held by the pilot is believed to provide both simplification and flexibility to the balloon and sailplane licensing domains. 2.3.2.2. Revalidation requirements for the FI certificate In Part-FCL, a flight instructor (FI) certificate is issued for a validity period of 3 years and needs to be revalidated following the ‘2 out of 3’ principle (instructor experience, refresher seminar, assessment of competence) (see point FCL.940.FI of Part-FCL). While it has been highlighted by both the RMT expert group and stakeholders’ comments (refer to Section 2.4.) that regular refresher training for instructors is of significant importance, the remaining elements of the known ‘2 out of 3’ principle should be revised in the context of the overall objective to make the regulatory framework for balloons and sailplanes simpler, lighter and better. Hence, following the example of the licence (BPL and SPL) itself, the FI certificate as per Part-BFCL and Part-SFCL is issued without an expiry date and does no longer need to be revalidated. In order to continuously exercise the privileges of the certificate, the FI will need to comply with a set of recency requirements (see points BFCL.360 and SFCL.360): Within the last 3 years, instructor refresher training needs to be completed and instructor experience (identical to the experience required in point FCL.940.FI(a)(1)(iii) and (iv)) needs to be acquired. Within the last 9 years, the FI needs to have, in the case of balloons, conducted one instruction flight under the supervision of an FI instructor or, in the case of sailplanes, demonstrated to an FI instructor the ability to instruct. Additionally, holders of an FE certificate will benefit from the possibility to ‘combine’ compliance with FI recency requirements and FE revalidation requirements: if the holder of an FE certificate has complied with the FE revalidation requirements within the last 3 years, this provides a credit for the 9-yearly supervised training flight (see points BFCL/SFCL.360(c)). The unlimited validity of the FI certificate will reduce the administrative burden for balloon and sailplane examiners, while the new recency requirements (modelled on existing revalidation requirements but simplified) ensure continuous experience as well as sufficient FI refresher training and assessment of instructional skills. 2.3.2.3. Revalidation requirements for the FE certificate In the context of the revision of revalidation requirements for the FI certificate (see Section 2.3.2.2.), it was decided to take a simplified and more performance-based approach also for the revalidation requirements for the flight examiner (FE) certificate. While in Part-FCL today the validity period of an FE certificate is 3 years, for Part-BFCL and Part-SFCL the validity period of the FE(B) and FE(S) certificates is 5 years (see points BFCL.460 and SFCL.460). Revalidation can be achieved by completing FE refresher training and, within the last 24 months (Part-FCL: 12 months) preceding the end of the validity period of the certificate, by conducting one skill test, proficiency check or assessment of competence under the supervision of an inspector from the competent authority or an examiner that is specifically authorised by the competent authority to do TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 9 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what so (‘senior examiner’). An additional requirement for examiners to conduct a minimum number of skill tests, proficiency checks or assessments of competence during the validity period of the certificate (as today in place in Part-FCL) has not been added. It is expected that examiners will in any case need to be active in order to maintain their competence for successful compliance with the remaining revalidation requirements (performance- based approach). 2.3.2.4. Merging of FE and FIE certificate In Part-FCL, different examiner certificates exist for different purposes. In fact, only two of them are relevant for balloons and sailplanes: the flight examiner (FE) certificate, and the flight instructor examiner (FIE) certificate. The RMT.0654 and RMT.0701 expert groups concluded that, for the purpose of simplification, these two relevant examiner certificates can be merged into one single examiner certificate with both FE and FIE privileges included. With Part-BFCL and Part-SFCL it is therefore proposed to have one single FE certificate with the possibility to extend its privileges to assessing the competence of applicants for an FI certificate (see points BFCL.415(c) and SFCL.415(c)). The conditions for such an extension will be the acquisition of relevant experience as an instructor as well as specific training on instructor assessment during an examiner standardisation course. In return, a separate assessment of competence for obtaining this ‘FIE extension’ will not be required. 2.3.2.5. Vested interests The RMT.0654 and RMT.0701 expert groups concluded that, next to the fact that many examiners are also very active instructors, in some regions there is an unbalanced distribution of balloon and sailplane instructors and examiners. Taking into consideration these factors and the relatively small balloon and sailplane industry in some Member States, it was deemed necessary to provide more flexibility with regard to the allowed involvement of examiners into the preceding training of their candidates. While Part-FCL in point FCL.1005(a)(1) limits this involvement to 25 % of the required flight instruction, in Part-BFCL and Part-SFCL this limit is raised to 50 % (see points BFCL.405 and SFCL.405). A balloon or sailplane examiner can conduct a skill test with a candidate, even if he or she as an instructor has also conducted up to 50 % of the required training course with that candidate. 2.3.3. Further major changes and achievements (Part-BFCL) 2.3.3.1. Recency requirements As required by current Part-FCL, BPL holders need to comply with specific experience requirements within a given time frame in order to be allowed to exercise the privileges of their non-expiring licence. While this principle is kept under Part-BFCL, the RMT.0654 expert group concluded that the current recency requirements for balloon pilots in point FCL.230.B of Part-FCL can be TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 10 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what revised in different aspects in order to grant relief to balloon pilots while still keeping a sufficient safety level. One major alleviation in the new point BFCL.160 is that the recency time period for completing a training flight with an instructor has been extended from ‘the last 24 months’ to ‘the last 48 months’. This provides more flexibility, which is needed in the context of the relatively small balloon industry in some Member States and the associated reduced availability of instructors and balloons under sufficient weather conditions. Minimum recent experience is still ensured. Another simplification is that these alleviated recency requirements will be applicable also for the non-commercial carriage of passengers. In this respect, the requirements of point FCL.060(a) of Part-FCL (‘…or carrying passengers…’) have not been transferred to Part-BFCL. The RMT.0654 expert group concluded that these general recency requirements are sufficient for pure private operations, even when involving the carriage of passengers. Only for commercial passenger ballooning, the requirements of the new commercial operation rating (see Section 2.3.3.2.) contain stricter requirements as to the recent experience of the balloon pilot involved. For further changes to the requirements on recent experience, please refer to the notes linked to point BFCL.160 in the table in Appendix 4.1. 2.3.3.2. Commercial operation rating Privileges for acting as pilot on balloons during commercial operations (point FCL.205.B(b) of Part-FCL) are re-established as a commercial operation rating (point BFCL.215 of Part-BFCL). Having regard to commercial passenger ballooning (being the most relevant kind of commercial balloon operation), the intention for this change is to give such extension of privileges a ‘higher value’ and better visibility (licence endorsement). The general prerequisites and conditions for initially obtaining the commercial operation rating are the same as under Part-FCL, except for the requirement to pass a skill test instead of a proficiency check. Additionally, it was clarified that, as a prerequisite, the relevant class privileges need to be held. The commercial operation rating is issued without an expiry date. However, for acting as pilot in commercial passenger ballooning, recency requirements are introduced in order to ensure proper recent experience of balloon pilots who fly with fare-paying passengers. With regard to these recency requirements, cross-crediting with operator proficiency checks completed in accordance with the requirements of Part-BOP is possible. 2.3.3.3. Changes to the requirements for the FI(B) The concept of an FI(B) with restricted privileges (after initial issue of the FI certificate) has not been taken over into Part-BFCL. Unlike other aircraft categories, balloons are not always operated from aerodromes but regularly from any field, outside a sophisticated club structure with FIs available for exercising supervision for such FI(B) with restricted privileges. The concept of an FI(B) with restricted privileges is therefore unfit for the TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 11 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what balloon domain. AMC/GM is planned to illustrate how the deletion of the ‘FI(B) restricted’ can be outweighed during the initial FI(B) training course. Additionally, the minimum duration of the FI(B) theoretical knowledge instruction is reduced from 30 hours (point FCL.930.FI(b)(2)(ii) of Part-FCL) to 12 hours (point BFCL.330(b)(3); see Appendix 4.1., comments to point BFCL.330, for further information). 2.3.4. Further major changes and achievements (Part-SFCL) 2.3.4.1. Endorsements for aerobatic flight and sailplane cloud flying privileges as well as for launching methods In general, the extension of general privileges of a licence to further specific privileges is executed through a licence endorsement, done by the competent authority. In the context of reducing the related administrative and financial effort, the RMT.0701 expert group identified that for some additional SPL privileges a simplified process can be put in place in order to grant some relief to SPL holders. Privileges for aerobatic (point SFCL.200) or sailplane cloud flying (point SFCL.215) as well as for launching methods (point SFCL.155) are no longer subject to a specific licence endorsement done by the competent authority. These privileges are included in the SPL itself after the training organisation or, in the case of additional launching methods, the instructor has confirmed the completion of the training through an endorsement and a signature in the pilot’s logbook. In this context, the terminology has changed from aerobatic or sailplane cloud flying ‘rating’ to ‘privileges’. A pilot that already holds an LAPL(S) or an SPL with licence endorsements for an aerobatic or a sailplane cloud flying rating in accordance with Part-FCL or additional launching methods will be able to keep this licence endorsements and exercise respective privileges also under Part-SFCL (see Section 2.3.5., explanations to Article 3b (Sailplane Regulation)). With regard to the obligation to notify the competent authority of such logbook endorsements, please refer to Section 2.4.4.3. 2.3.4.2. Privileges for commercial operation and carriage of passengers The conditions for carrying passengers and for acting as pilot in commercial operation with sailplanes (including commercial passenger flights) has been slightly revised (new point SFCL.115). Before being entitled to carry passengers (in general), an SPL holder will need to comply with experience requirements (same as under Part-FCL) and, as an additional new requirement, complete a flight with an FI(S) in order to demonstrate the competence required for flights with passengers. Holders of an FI(S) certificate will be exempted from these additional requirements. In return for this additional requirement, an SPL holder will no longer need to complete a proficiency check before being allowed to act as pilot in commercial operations. Complying with the minimum age and experience requirements (same as under Part-FCL) will be sufficient. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 12 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what This change has been done in order to place more emphasis on ensuring pilot competence for passenger flights. 2.3.4.3. Sailplane and TMG privileges Under the current Part-FCL provisions, a sailplane licence (LAPL(S) or SPL) can initially be obtained on sailplanes or powered sailplanes, but not on touring motor gliders (TMGs). Once the LAPL(S) or the SPL is issued, its privileges can be extended to flying on TMGs via additional training and a skill test (point FCL.135.S of Part-FCL). The RMT.0701 expert group concluded that the use of TMGs during initial SPL training provides a number of advantages: due to the possible use of engine power, it is easier to repeat certain exercises again and again, and also cross-country navigation skills and landings outside aerodromes can be trained more effectively and in a safer way. At the same time, a TMG still has the overall handling characteristics of a sailplane. Hence, the new Part-SFCL requirements provide more flexibility in such way that an SPL can be initially obtained on any kind of sailplane. Point SFCL.130 allows the SPL training course to take place on sailplanes, powered sailplanes or TMGs or even a combination of all. Depending on the privileges sought, certain minimum training elements need to be completed on a particular kind of sailplane. The skill test following the SPL training course needs to be completed in either sailplanes (excluding TMGs) or TMGs, depending on the kind of sailplane for which the respective minimum contents of the SPL training course have been completed (point SFCL.145(b)). If an SPL training course has covered the minimum training elements for both sailplanes and TMGs, it is also possible to complete two skill tests, one on sailplanes (excluding TMGs) and one on a TMG, in order to get the SPL initially issued already with privileges for both. If an SPL has been obtained with privileges only for either sailplanes (excluding TMGs) or TMGs, the privileges of the SPL can be extended to the other kind of sailplane via additional training and a skill test (point SFCL.150). Consequently, the recency requirements for SPL holders have been revised to provide a more practical approach towards keeping recent experience on both sailplane and TMG privileges held (point SFCL.160). In both cases, the overall flight experience required for the preceding recency time period can be completed on a combination of sailplanes and TMGs; however, some certain elements (e.g. minimum number of sailplane launches or TMG take-offs) need to be completed in the relevant kind of aircraft. 2.3.4.4. Cross-crediting between Part-FCL and Part-SFCL In both Part-FCL and Part-SFCL, requirements have been put in place to allow cross- crediting between specific ratings and privileges held in accordance with Part-FCL and Part-SFCL: TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 13 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what Rating/privileges Part-FCL reference Part-SFCL reference Credit granted TMG class privileges FCL.135.A(c) (new) SFCL.150(c) Full credit in both directions Aerobatic rating/ FCL.800(d) (new) SFCL.200(e) Full credit in both advanced aerobatic directions for TMG privileges motor-powered aerobatic flight privileges Towing rating FCL.805 SFCL.205 Full credit in both directions for towing privileges on TMG (TMG) night rating FCL.810(a)(4) (new) SFCL.210 (d) Full credit in both directions for night rating on aeroplanes/TMGs 2.3.4.5. Aerobatic privileges for sailplanes pilots Currently, Part-FCL contains one (full) aerobatic rating (point FCL.800) which can be obtained after a respective training course, involving different basic and more advanced aerobatic manoeuvres. The RMT.0701 expert group concluded that many sailplane pilots, although they do not intend to undertake more advanced aerobatic flights, wish to fly basic aerobatic manoeuvres like a looping or steep climbing or diving lines. For these pilots, a respective possibility to obtain basic aerobatic privileges should be put in place, as requiring full (advanced) aerobatic training would be disproportionate in such cases. When transferring the requirements for aerobatic privileges to the new Part-SFCL (point SFCL.200), these privileges have been split into basic aerobatic privileges and advanced aerobatic privileges. Basic aerobatic privileges can be obtained via a training course at an ATO or a DTO (no minimum training duration mandated) and include 45-degree climbing and diving lines, inside loops, wingover and lazy-eight manoeuvres as well as spins. The advanced aerobatic privileges are equal to those of the aerobatic rating as regulated in point FCL.800 of Part-FCL, with identical training requirements. With regard to the prerequisites, the requirement of 40 hours of flight time as PIC has been reduced to 30 hours. 2.3.5. The structure and content of the new regulatory framework (articles) Existing articles of both the Balloon and the Sailplane Regulation are amended as follows: — Article 1 is amended to reflect the new scope of the Regulations, now also covering flight crew licensing. — Article 2 is amended to refer to the definitions that are already established in Commission Regulation (EU) No 1178/2011. However, some FCL-related definitions that are tailored to the needs of Part-BFCL and Part-SFCL had to be added (‘national licence’; ‘Part-BFCL licence’/‘Part-SFCL licence’; ‘conversion report’). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 14 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what Additionally, the following new articles are inserted in both the Balloon Regulation and the Sailplane Regulation: — Article 3a (Pilot licences and medical certification) Paragraph 1 requires balloon/sailplane pilots to hold a licence issued in accordance with Annex III (Part-BFCL/Part-SFCL) and a medical certificate issued in accordance with Annex IV (Part-MED) to the Aircrew Regulation. Paragraph 2 allows holders of a BPL or an SPL to act as a pilot during certain types of flights (e.g. cost-shared flights, competition flights) and under certain conditions, even if those pilots do not have the privileges for commercial operation. Paragraph 3 allows Member States to establish a national modular licensing system in order to offer a module-based training approach towards the BPL or the SPL, based on the proposal published with Opinion No 08/2017 ‘Modular light aircraft pilot licences’ (RMT.0678)11 and the considerations contained therein. — Article 3b (Existing pilot licences and national medical certificates) Paragraph 1 provides full ‘grandfathering’ for existing balloon and sailplane licences issued in accordance with Part-FCL and regulates the replacement of such licences by licences that comply with the licence format laid down in Part-ARA, as updated in the context of the introduction of Part-BCFL and Part-SFCL. Paragraph 2 contains transitional provisions for specific areas. In general, the full scope of privileges granted with Part-FCL licences shall be transferred to the new Part-BFCL/ Part-SFCL licences (subparagraph (a)). As under Part-BFCL/Part-SFCL instructor certificates will no longer have an expiry date, the expiry date of existing Part-FCL instructor rating will be endorsed in the pilot’s logbook, when reissuing Part-FCL licences as Part-BFCL/Part-SFCL licences. Until this date, instructors will be allowed to continue to exercise their privileges, and only after this date they will be obliged to comply with point BFCL.460 or point SFCL.460 (subparagraph (c)). As regards balloons, tethered flight and commercial operation ‘privileges’ issued under Part-FCL will reappear on a new Part-BFCL licence as tethered flight or commercial operation ‘rating’, as foreseen in Part-BFCL (subparagraph (b) in the Balloon Regulation). As regards sailplanes, as explained in detail in Section 2.3.4.1., some specific privileges that were established as ‘ratings’ (being endorsed on the licence) under Part-FCL have now been re-established as ‘privileges’ under Part-SFCL (with training completion to be documented in the pilot’s logbook, no more licence endorsement). In these cases, when reissuing existing Part-FCL licences as Part-SFCL licences, the respective licence endorsements shall remain endorsed in the Part-SFCL licence (‘what is in the licence, stays in the licence’). Paragraph 3 regulates the transitional phase for holders of national balloon and sailplane licences. Holders of national balloon and sailplane licences will be able to use the privileges of those licences up to 8 April 2021. By that date, those licences shall have been converted into Part-BFCL/Part-SFCL licences. With the envisaged date of entry into force of 11 https://www.easa.europa.eu/sites/default/files/dfu/Opinion%20No%2008-2017.pdf TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 15 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what Part-BFCL and Part-SFCL on 8 April 2020, this will result into a 1-year transitional period (8 April 2020 to 8 April 2021). Paragraph 4 regulates the transition for national medical certificates held by balloon and sailplane pilots. National medical certificates for balloon and sailplane pilots will remain valid until the date of their next revalidation or until 8 April 2021, whichever is the earlier. This next revalidation will need to be done in compliance with Annex IV (Part-MED) to Regulation (EU) No 1178/2011. — Article 3c (Credit for training that commenced prior to the date of application of Part- BFCL/Part-SFCL) Paragraph 1 contains the transitional provisions for training that commenced prior to the date of application of Part-BFCL/Part-SFCL and is still following the requirements of Part-FCL. Paragraph 2 additionally contains transitional provisions for training that commenced prior to the date of application of Part-BFCL/Part-SFCL and is still following the requirements of Annex 1 to the Chicago Convention (ICAO). — Article 3d (Conditions for acceptance of licences issued by third countries) Article 3d is in general modelled on the existing Article 8 of the Aircrew Regulation. Paragraph 1, for the purpose of accepting third-country licences, refers to the requirements of Annex III to the Aircrew Regulation which will be amended in order to reflect the new FCL regulatory framework of the Balloon Regulation and the Sailplane Regulation. Paragraphs 2 and 3, in addition to the rather simple licence conversion possibilities set out in Annex III to the Aircrew Regulation (see previous indent), provide another option for obtaining a Part-BFCL or a Part-SFCL licence. In cases where the prerequisites and conditions for licence conversion are not met, applicants may receive credits for third-country licences already held and shall undergo a reduced Part-BFCL or Part-SFCL training course. — Article 3e (Training organisations) Paragraph 1 requires training organisations to comply with Article 10a of the Aircrew Regulation, which means that they will need to be either certified as approved training organisations (ATOs) or declare themselves as declared training organisations (DTOs) to the competent authority. Paragraph 2, as a transitional provision, requires existing training organisations to adapt their training programmes, where necessary in order to establish compliance with Part-BFCL or Part-SFCL, as applicable, by 8 April 2021 at the latest. Such changes will mainly be needed in order to reflect alleviations and reduction of training requirements (e.g. theoretical knowledge for the FI(B), rearrangement of sailplane and TMG privileges that can be associated with an SPL, basic and advanced aerobatic rating for sailplanes — refer to the tables in Appendices 4.1. and 4.2. for detailed information). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 16 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what 2.3.6. Changes to Annexes I (Part-DEF) to the Balloon Regulation and the Sailplane Regulation In order to avoid duplication of existing definitions, Annexes I (Part-DEF) to both the Balloon Regulation as well as the Sailplane Regulation are amended to refer to the definitions that are contained in Commission Regulation (EU) No 1178/2011. Only in cases where it was necessary to adapt these definitions in the context of the specificities of Part-BFCL and Part-SFCL, revised definitions have been added to the Balloon and the Sailplane Regulation. The order of the definitions has also been changed to fit with the principle of these Annexes (order of appearance instead of alphabetical order). As regards balloons, a new definition for ‘tethered flight’ is introduced. As regards sailplanes, the definition of ‘touring motor glider (TMG)’ in point FCL.010 of Part-FCL has been revised in order to allow operational suitability data (OSD) as per Regulation (EU) No 748/201212 to categorise a new aircraft as TMG or as sailplane (‘non-TMG’) even if the general definition criteria would indicate otherwise (see also Section 2.4.4.2. for further information). 2.3.7. Amendments to Annex II (Part-BOP) to Regulation (EU) 2018/395 When amending Regulation (EU) 2018/395 to insert Annex III (Part-BFCL), the opportunity was taken to adjust several provisions in Annex II (Part-BOP) for updating the references to the Basic Regulation after the adoption of Regulation (EU) 2018/1139 and for inserting references to Part-BFCL. 2.3.8. The structure and content of the new regulatory framework (Part-BFCL and Part-SFCL) Both Part-BFCL and Part-SFCL are divided into five subparts: — Subpart GEN contains general requirements, including rules as regards the scope of Part- BFCL/Part-SFCL, competent authority, applications to the competent authority, crediting of flight time, obligation to carry documents, recording of flight time, etc. — Subpart BPL/Subpart SPL contains the requirements for the BPL/SPL, including rules as regards the privileges of these licences and the conditions for exercising those privileges, minimum age, training course, theoretical knowledge examination, skill test, recency requirements, etc. — Subpart ADD contains requirements for additional ratings and privileges that can be associated with a BPL (tethered hot-air balloon flight rating, night rating, commercial operation rating)/an SPL (aerobatic privileges, towing rating, sailplane cloud flying privileges). — Subpart FI contains the requirements for flight instructor certificates for balloons/sailplanes, including rules as regards the privileges of flight instructors and the conditions for exercising those privileges, prerequisites, training course, assessment of competence, etc. 12 Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1) (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012R0748&qid=1547648279315&from=EN) TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 17 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what — Subpart FE contains the requirements for flight examiner certificates for balloons/sailplanes, including rules as regards the privileges of flight examiners and the conditions for exercising those privileges, prerequisites, examiner standardisation, assessment of competence, etc. The following table provides a general overview of the contents of Part-BFCL and Part-SFCL. When rearranging the revised Part-FCL requirements into Part-BFCL and Part-SFCL, the objective has been to establish consistency between Part-FCL and Part-BFCL/Part-SFCL with regard to the overall structure and the terminology used. With regard to the numbering system of individual points, the opportunity was taken to apply a revised numbering system in which points of different subparts dealing with the same topic as often as possible have identical final digits (e.g. privileges and conditions: point xFCL.115/315/415; training course: point xFCL.130/330/430; recency/ revalidation/renewal: point xFCL.160/360/460). In this context, preference was given to consistency between Part-BFCL and Part-SFCL before consistency with Part-FCL. However, especially the numbering of the points in Part-BFCL/Part-SFCL Subpart GEN mainly follows the numbering system in Part-FCL Subpart A. Additionally, as regards the final digits, the numbering of points in Part-BFCL/SFCL Subpart ADD as much as possible follows the numbering system in Part-FCL Subpart I (towing rating: points FCL.805/xFCL.205; night rating: points FCL.810/xFCL.210). For a detailed overview of the contents of Part-BFCL and Part-SFCL, including cross references to and comparison with Part-FCL requirements, please refer to Appendices 4.1. and 4.2. Part-BFCL Part-SFCL Topic reference reference Subpart GEN BFCL.001 Scope SFCL.001 BFCL.005 Competent authority SFCL.005 BFCL.010 Classes and groups of balloons n/a Application for and issue, revalidation and renewal of a BPL/SPL as BFCL.015 SFCL.015 well as associated privileges, ratings and certificates BFCL.030 Practical skill test SFCL.030 BFCL.035 Crediting of flight time SFCL.035 BFCL.045 Obligation to carry and present documents SFCL.045 BFCL.050 Recording of flight time SFCL.050 Curtailment of privileges of a BPL/SPL holder aged 70 years or BFCL.065 older in commercial passenger ballooning/commercial passenger SFCL.065 sailplane operation TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 18 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what Limitation, suspension and revocation of licences, privileges, BFCL.070 SFCL.070 ratings and certificates Subpart BPL Subpart SPL BFCL.115 Privileges and conditions SFCL.115 BFCL.120 Minimum age SFCL.120 BFCL.125 Student pilot SFCL.125 BFCL.130 Training course and experience requirements SFCL.130 BFCL.135 Theoretical knowledge examination SFCL.135 BFCL.140 Crediting of theoretical knowledge SFCL.140 BFCL.145 Practical skill test SFCL.145 Extension of privileges to BFCL.150 Sailplane and TMG privileges SFCL.150 another balloon class or group n/a Launching methods SFCL.155 BFCL.160 Recency requirements SFCL.160 Subpart ADD Tethered hot-air balloon flight BFCL.200 Aerobatic privileges SFCL.200 rating Sailplane towing and banner n/a SFCL.205 towing rating BFCL.210 Night rating TMG night rating SFCL.210 BFCL.215 Commercial operation rating Sailplane cloud flying privileges SFCL.215 Subpart FI BFCL.300 Flight instructor certificates SFCL.300 BFCL.315 Privileges and conditions SFCL.315 BFCL.320 Prerequisites and requirements SFCL.320 BFCL.325 Instructor competencies and assessment thereof SFCL.325 BFCL.330 Training course SFCL.330 BFCL.345 Assessment of competence SFCL.345 TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 19 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what n/a Restricted privileges SFCL.350 BFCL.360 Recency requirements SFCL.360 Subpart FE BFCL.400 Flight examiner certificates SFCL.400 BFCL.405 Limitation of privileges in case of vested interests SFCL.405 Conduct of skill test, proficiency checks and assessments of BFCL.410 SFCL.410 competence BFCL.415 Privileges and conditions SFCL.415 BFCL.420 Prerequisites and requirements SFCL.420 BFCL.430 Standardisation course SFCL.430 BFCL.445 Assessment of competence SFCL.445 BFCL.460 Validity, revalidation and renewal SFCL.460 2.3.9. Amendments to Regulation (EU) No 1178/2011 2.3.9.1. General When moving all FCL requirements for balloons and sailplanes to the new Balloon Regulation and the new Sailplane Regulation, the existing FCL requirements solely referring to balloons and sailplanes in Annex I (Part-FCL) to the Aircrew Regulation had to be deleted. However, as requirements from other annexes (parts) of the Aircrew Regulation with relevance for FCL will not be transferred to the new Balloon Regulation and the new Sailplane Regulation, amendments to the Aircrew Regulation and cross references in the Aircrew Regulation as well as the new Balloon Regulation and the new Sailplane Regulation have to be put in place in order to ensure that the relevant requirements of the annexes to the Aircrew Regulation other than Part-FCL will still be applicable to balloons and sailplanes. 2.3.9.2. Act Article 1 is amended by inserting a new paragraph 2 in order to ensure the application of Articles 11b and 11c as well as of Annex IV (Part-MED), Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to the Aircrew Regulation in the area of FCL for balloons and sailplanes, even when the pure FCL requirements in the future are regulated under the new Balloon Regulation and the new Sailplane Regulation. In Article 2 paragraph 19, the definition of ‘flight instructor (FI)’ is amended to refer also to the new Balloon Regulation and the new Sailplane Regulation. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 20 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what Article 11c is amended to adjust the contained transitional measures for (balloon and sailplane training) organisations for which EASA will be the competent authority and to refer also to the new Balloon Regulation and the new Sailplane Regulation. At the same time, the respective outdated transitional provisions for organisations other than balloon and sailplane training organisations that are still in place in Article 11c today can be deleted. In Article 12, the transitional provision in paragraph 2a can be deleted, as revised and simplified FCL requirements for balloon and sailplanes will be in force. 2.3.9.3. Annex I (Part-FCL) In general, all subparts and individual points or paragraphs solely relevant for balloons or sailplanes are deleted, and, where relevant (e.g. for crediting provisions), references to the new Balloon Regulation and the new Sailplane Regulation are added, including new terminology, where necessary. In point FCL.010, the definition of ‘touring motor glider (TMG)’ has been amended in order to allow the classification of a certain aircraft as TMG or as non-TMG during the certification process pursuant to Regulation (EU) No 748/2012, even if the standard definition of TMG would require otherwise. Other definitions are deleted in the context of the deletion of all balloon- and sailplane-related requirements from Part-FCL. Point FCL.015 is amended in line with the changes already proposed with NPA 2016-16 ‘Regular update of Part-FCL — Regular update of Regulation (EU) No 1178/2011 regarding pilot training and licensing and the related oversight’ (RMT.0587)13 in order to consider cases where a Member State has designated more than one competent authority in terms of the Aircrew Regulation. Additionally, references to the new Balloon Regulation and the new Sailplane Regulation are added and the text is restructured in order to clarify that a pilot needs to have his or her licences issued in the same Member State as per Part-FCL, Part-BFCL and Part-SFCL. When a pilot applies for a licence transfer, consequently all these licences held need to be transferred to the new Member State (new paragraph (e)). Finally, a new paragraph (f) is inserted to limit the validity period of a skill test or assessment of competence for the issue of the relevant licence, rating or certificate to 6 months. In point FCL.725, a new paragraph (f) is added to grant full credit to holders of an SPL with TMG privileges when they also hold an aeroplane licence and apply for a TMG class rating. Point FCL.800 is amended in two aspects: Firstly, the revised text of point FCL.800 now describes an aerobatic rating only for motor-powered aerobatic flight with aeroplanes or TMGs. Gliding aerobatic flight is no longer regulated, as this is transferred to the new Sailplane Regulation (see point SFCL.200). Secondly, crediting provisions for holders of advanced aerobatic privileges issued in accordance with point SFCL.200 are added (new paragraph (c) of point FCL.800). 13 https://www.easa.europa.eu/sites/default/files/dfu/NPA%202016-16.pdf TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 21 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what In point FCL.805, crediting provisions are added for holders of a sailplane or banner towing rating issued in accordance with Part-SFCL (see point SFCL.205) who wish to obtain a towing rating in accordance with point FCL.805 (new paragraph (g)). In point FCL.810, crediting provisions are added for holders of a TMG night rating issued in accordance with Part-SFCL (see point SFCL.210) who wish to obtain a night rating in accordance with point FCL.810 (new paragraph (a)(4)). In Appendix 1, paragraph 1.1 is amended to clarify that the credits set out in this paragraph apply to both LAPL and PPL (references to PPL added). 2.3.9.4. Annex III In several paragraphs in Sections A and B, references to the new Balloon Regulation and the new Sailplane Regulation are added. 2.3.9.5. Annex IV (Part-MED) Point MED.A.030 is amended in order to support the deletion of the LAPL for balloons and sailplanes as well as the new concept of using a BPL or an SPL either with an LAPL medical certificate or a class 2 medical certificate (see Section 2.3.2.1.). In general, obtaining and exercising the privileges of a BPL or an SPL will be possible when holding at least an LAPL medical certificate. This will include also the privileges of instructor and examiner certificates associated with these licences. However, for commercial air transport (commercial passenger ballooning or commercial passenger flights with sailplanes) a class 2 medical certificate will be required. As commercial balloon flights other than commercial passenger ballooning (e.g. commercial display flights) may also take place with passengers on board, also commercial balloon operations other than commercial passenger ballooning will require a class 2 medical certificate if there are more than 4 persons on board the aircraft. Due to the fact that the LAPL medical certificate is not in compliance with ICAO Annex 1 ‘Personnel Licensing’, BPL or SPL holders with an LAPL medical certificate will be restricted to flying within the territory of the Member States. For exercising the privileges of their licences internationally, these pilots will need to obtain a class 2 medical certificate. 2.3.9.6. Annex VI (Part-ARA) In several points, references to the new Balloon Regulation and the new Sailplane Regulation are added. In point ARA.GEN.350(e), a reference to Annex VII (Part-ORA) is reinserted, after it had been accidently deleted with amending Regulation (EU) 2018/1119, when introducing Annex VIII (Part-DTO). In Part-ARA Appendices I, III and VIII, the text for the flight crew licence, the ATO approval certificate and the DTO training programme approval certificate is amended to also refer to the new Balloon Regulation and the new Sailplane Regulation. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 22 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what 2.3.9.7. Annex VII (Part-ORA) In several points, references to the new Balloon Regulation and the new Sailplane Regulation are added. 2.3.9.8. Annex VIII (Part-DTO) In several points, references to the new Balloon Regulation and the new Sailplane Regulation are added, including new terminology, where necessary. In this context, in point DTO.GEN.110, the term ‘flight instructor rating’ currently used in paragraphs (a)(3)(f) and (a)(4)((g) is replaced by the term ‘flight instructor certificate’ (consistency with the terminology used in Part-FCL, Part-BFCL and Part-SFCL), and the term ‘refresher seminar’ currently used in paragraphs (a)(3)g) and (a)(4)(h) is replaced by the term ‘refresher course’ (consistency with the terminology used in Part-BFCL and Part-SFCL as well as with the upcoming amendment to Part-FCL14). 2.4. What are the stakeholders’ views — outcome of the consultation 2.4.1. General As described in Section 1.1., the new FCL requirements for balloons and sailplanes as well as the related amendments to Part-FCL were consulted with both Member States and industry through two focused consultation workshops on 21 June 2018 (for balloons; hereinafter referred to as the ‘balloon workshop’) and on 26 June 2018 (for sailplanes; hereinafter referred to as the ‘sailplane workshop’), as well as a written consultation of the final draft in October/November 2018. In addition to editorial changes and corrections, major changes made based on comments received are described in the following paragraphs. 2.4.2. Comments and conclusions related to both balloons and sailplanes 2.4.2.1. LAPL medical certificate for instructors and examiners The draft for Part-BFCL and Part-SFCL, as presented during the balloon and the sailplane workshop, contained the proposal to delete the LAPL for balloons and sailplanes and to allow BPL and SPL holders to exercise non-commercial pilot privileges when they hold an LAPL medical only (see Section 2.3.2.1.). However, for obtaining an instructor or an examiner certificate, still a class 2 medical certificate was required. During the balloon and the sailplane workshop, all participants agreed that instructors and examiners should be allowed to hold an LAPL medical certificate as well; only for the conduct of commercial passenger flights a class 2 medical certificate should be required. EASA considered all the comments received both during and after the workshops and finally decided to allow instructors and examiners to hold only LAPL medical certificates. Point MED.A.030 of Part-MED has been redrafted accordingly (see Section 2.3.9.5.). 14 Opinion No 05/2017 ‘Amendments to Commission Regulation (EU) No 1178/2011’ (RMT.0188 (FCL.002(A))) (https://www.easa.europa.eu/document- library/opinions/opinion-052017#group-easa-downloads). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 23 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what 2.4.2.2. Validity and revalidation of the FI and FE certificates In Part-FCL, instructor and examiner certificates in general are valid for 3 years and need to be revalidated by complying with specific revalidation requirements. Part-BFCL and Part-SFCL, as presented during the balloon and the sailplane workshop, contained proposals both to extend the validity period of instructor and examiner certificates to 5 years as well as to alleviate the respective revalidation requirements. One consequence of these proposals was that a refresher course for the instructor/examiner certificate would have been necessary only once in 5 years. During the balloon and the sailplane workshop, as well as in writing after the workshops, one participant argued that one refresher course in 5 years for instructors is not enough. The overall objective of revalidation requirements should be to keep instructors proficient and competent. Additionally, a proposal was made to rework the instructor requirements in such way that the instructor certificate would not have an expiry date and should be made subject to recency requirements instead (like the BPL/SPL itself). Although during the workshops it had been concluded to keep the concept of expiry date/revalidation for instructors, EASA, when receiving the written comments after the workshops, reconsidered the case and, after obtaining further input from the RMT.0654 and RMT.0701 expert groups, decided to rework the requirements regarding the validity of FI and FE requirements as illustrated in Sections 2.3.2.2. and 2.3.2.3. The 3-year cycle for complying with FI recency requirements results in the need for instructors to complete a refresher course every 3 years. As described already in Section 2.3.2.2., the new FI recency requirements foresee one supervised training flight in a 9-year period. One comment stated that this 9-year period between two supervised instruction flights is too long. In this context, it has to be highlighted that such a 9-year cycle is already in place today for instructors for balloons and sailplanes (see point FCL.940(b)) and that the instructor refresher training will take place once in 3 years in any case (no ‘2 out of 3’ option). Based on another written comment received after the workshops, it was decided to extend the time frame for examiners to complete the reassessment (test, check or assessment of competence under supervision) for revalidation from 12 months (Part-FCL) to 24 months preceding the expiry date of the examiner certificate, in order to provide more flexibility (see Section 2.3.2.3). Finally, another written comment received after the workshop was accepted regarding the possibility for examiners to receive credits for instructor recency when complying with examiner revalidation requirements (point BFCL/SFCL.360(c)): The text was changed in such way that those credits will only cover the 9-yearly reassessment flight (point BFCL/SFCL.360(a)(2)) but not, as foreseen in the draft used during the balloon and sailplane workshops, in general instructor experience (point BFCL/SFCL.360(a)(1)(ii)); as for instructor experience, it will be in any case possible to receive credits in accordance with point BFCL/SFCL.360(b). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 24 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what 2.4.2.3. Crediting of theoretical knowledge During the balloon workshop, some participants raised concerns about point BFCL.140(a) (crediting of theoretical knowledge), and in particular whether the foreseen full credit for the common subjects is applied in the case of the holder of a licence for another aircraft category who has completed the theoretical knowledge examination many years ago and has not exercised his or her pilot privileges for a long time. It was agreed not to change the crediting provision. Instead, GM should be developed to recommend examiners that they should, during the skill test for the BPL, specifically pay attention to checking knowledge in the common subjects in such a case. EASA will consider the development of such GM for both point BFCL.140(a) and point SFCL.140(a). 2.4.2.4. Modular national training routes One comment did not support the content of the proposed Article 3a(3) of the Balloon Regulation and the Sailplane Regulation (see Section 2.3.5.), providing Member States with the possibility to establish national modular training routes for basic balloon or sailplane pilot privileges that eventually can be converted into a BPL or an SPL via a conversion report. EASA wishes to highlight that the introduction of such a ‘modular training option’ was promoted by the RMT.0654 and RMT.0701 expert groups and received strong support during the balloon and the sailplane workshops. Based on EASA Opinion No 08/201715, such a modular training option is also proposed to be implemented in Part-FCL and, also for consistency, is therefore also kept for Part-BFCL and Part-SFCL. 2.4.2.5. Instruction outside the Member States One comment did not support the proposal to allow ATOs outside the territory of the Member States to issue instructor and examiner privileges (drafts presented for points BFCL/SFCL.300(b)(3); BFCL/SFCL.400(b)(3)), as this would lead to an unbalanced treatment of ATOs inside and outside the Member States and would make it more complicated for instructors to change the training organisation. Also, licences and certificates should be issued by competent authorities and not by training organisations. EASA wishes to highlight that the draft content of Part-BFCL and Part-SFCL in this regard (see references above) was done in order to establish consistency with Part-FCL, namely point FCL.900(c) and FCL.1000(c), as revised with RMT.0188/Opinion No 05/2017. During the still ongoing rules development process after the publication of Opinion No 05/2017 at Commission level, it was however decided to take back the above- mentioned option to allow the certification of ATOs located outside the Member States to cover instructor and examiner privileges. For this reason, the drafts for Part-BFCL/SFCL.300 and BFCL/SFCL.400 were redrafted respectively and will need to be adapted after the final decision regarding the revision of points FCL.900 and FCL.1000, as necessary. 15 Opinion No 08/2017 ‘Modular light aircraft pilot licences’ (RMT.0678) (https://www.easa.europa.eu/document-library/opinions/opinion-082017). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 25 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what 2.4.2.6. Vested interests One written comment, while not explicitly opposing to the 50-% limit (instead of 25 % in Part-FCL, point FCL.1005) for the involvement of examiners into the preceding training of the tested applicant, stated that there should be a uniform percentage limit across all FCL regulation, irrespective of the number of examiners and the aircraft category. The comment proposed to amend FCL.1005 to also include the 50-% limit. EASA wishes to highlight that the new 50-% limit in Part-BFCL and Part-SFCL was introduced when considering the specificities of balloon and sailplane activities (see Section 2.3.2.5.) and was strongly supported during the focused consultation workshops. A change to the percentage limit in point FCL.1005 of Part-FCL will need further investigation and consultation with Member States and industry. Hence, this is recorded for future rulemaking and is not included in the amendments that are proposed with this Opinion. 2.4.2.7. Revalidation requirements for examiners One comment did not support the deletion of the minimum number for tests, checks or assessments of competence as a requirement for the revalidation of examiner certificates (see Section 2.3.2.3) and proposed to require examiners to conduct, every year during the 5-year validity period of the certificate, at least one test, check or assessment of competence (= 5 events in total). EASA reviewed this proposal and finally concluded that the performance-based approach should be kept, taking into consideration also the interdependencies of instructor and examiner certificates and the need to stay active as instructor/examiner in any case. At the time of the balloon and sailplane workshops, the time frame for the reassessment flight of the examiner (point BFCL/SFCL.460(b)(2)) was drafted to be the 12 months preceding the expiry date of the certificate. One comment proposed to extend this time frame to 24 months in order to provide more flexibility, taking into consideration the possible difficulties in the balloon domain as regards the necessary logistics to coordinate student, examiner, ‘senior’ examiner and a balloon under appropriate weather conditions. EASA followed this reasoning and, for keeping consistency, applied this extension to a 24-month time frame for both Part-BFCL and Part-SFCL. Based on another written comment received, it was clarified in point BFCL/ SFCL.460(b)(1) that the examiner refresher course needs to be completed within the validity period of the examiner certificate. 2.4.3. Comments and conclusions related to balloons 2.4.3.1. Age limitation for commercial passenger ballooning (CPB) During the balloon workshop, some participants asked to further extend the age limit for CBP from 70 years (point BFCL.065, taken over from point FCL.065 of Part-FCL) to 75 years. EASA concluded that such an extension will need further investigation and medical study and is therefore not being taken on board with the initial issue of Part- TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 26 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what BFCL, as Part-BFCL is a highly urgent RMT. A possible amendment of the age limit remains an open project. 2.4.3.2. Recency requirements for commercial privileges The recency requirements for the new commercial operation rating for balloons (point BFCL.215), as presented during the balloon workshop, contained recency requirements related to all privileges of that rating (CPB and other commercial balloon operations such as commercial display or competition flights). During the balloon workshop, participants and balloon experts expressed their views according to which the rather demanding recency requirements should be reserved for CPB while the general recency requirements applicable to all BPL holders are sufficient for other types of commercial balloon operations. The final version of point BFCL.215(d) therefore contains recency requirements which apply only in case of CPB. One written comment proposed to allow the (optional) refresher training for the commercial operation rating (point BFCL.215(d)(2)(ii)) to be conducted not only by ATOs or DTOs but also by balloon operators. EASA, supported by the RMT.0654 expert group, concluded that the commercial operation rating focuses on the general competence for CPB which is not operator-specific. Additionally, operators who wish to conduct this training and have the appropriate resources to do so can easily establish a DTO for this purpose. Hence, no further changes were applied in this context. Finally, one comment raised the question why, for the purpose of keeping recent experience related to the commercial operation rating, a refresher course at an ATO or a DTO is necessary at all, since such a course is not required for initially obtaining the rating. EASA wishes to highlight that a refresher course at an ATO or a DTO is not in any case necessary — it is only an alternative to completing a proficiency check (see point BFCL.215(d)(2)(i) and (ii)). 2.4.3.3. Duration of the FI training course and deletion of the ‘FI restricted’ concept In Part-FCL, the minimum duration of the theoretical knowledge (TK) instruction during the FI(B) training course is defined with 30 hours (point FCL.930.FI(b)(2)(ii) of Part-FCL). In Part-BFCL (point BFCL.330(b)(3)), this has been reduced to 12 hours. Additionally, the ‘FI restricted’ concept has been deleted (see point FCL.910.FI of Part-FCL). During the balloon workshop, one participant raised concern about the reduction of the minimum duration of the FI(B) TK instruction from 30 to 12 hours and the deletion of the ‘FI restricted’ concept, stating that 12 hours would not be enough instruction time, and an initial phase where a new and still inexperienced instructor acts under supervision of another instructor is a well-established concept that should not be changed. Supported by input of the RMT.0654 expert group, EASA decided not to bring the ‘FI restricted’ concept back into Part-BFCL (see Section 2.3.3.3. for further explanations) and to keep the FI(B) TK reduction to 12 hours (see Appendix 4.1., explanations to point BFCL.330). In this context, it needs to be emphasised that these 12 hours constitute the minimum duration of the TK part of an FI(B) training course (excluding the teaching and TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 27 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what learning part); training organisations can of course decide to establish courses with more than 12 hours of TK or provide additional instruction in cases where a particular applicant does not meet the course standards after these 12 hours. 2.4.3.4. Experience of examiners for the commercial operation rating Point BFCL.415(b), as presented during the balloon workshop, required an applicant for an examiner certificate whose intention is to only conduct skill tests for the commercial operation rating to have received specific training during an examiner standardisation course only. During the workshop, participants agreed that it should only be possible to obtain an examiner certificate for commercial operation ratings only when the applicant complies with the related minimum experience requirements. The final version of point BFCL.415(b) therefore now contains a reference to paragraph (a) of that point. As a result, even an examiner who seeks an examiner certificate for conducting skill test for the commercial operation rating only needs to comply with the general examiner experience requirements (applicable for examiners that conduct BPL skill tests). 2.4.4. Comments and conclusions related to sailplanes 2.4.4.1. Transitional period from national regulations to Part-SFCL With regard to the drafted transitional period in Article 3b of the cover regulation (see Section 2.3.5.), some participants of the sailplane workshop highlighted that a start and an end of the transitional period which falls into the beginning of the sailplane flying season (April) might not be ideal. As done during the workshop, EASA highlights that the transitional arrangements are mainly driven by the end of the current opt-out in Article 12(2a) of Regulation (EU) No 1178/2011, which is 8 April 2020. Final decisions on transitional arrangements will be taken by the European Commission. EASA will inform the European Commission about these related concerns. 2.4.4.2. Revised definition of a TMG During the sailplane workshop, a revised definition of TMG was presented. In this new definition, the existing definition text has been completed by an additional rule allowing OSD as per Regulation (EU) No 748/2012 to classify a sailplane as TMG even if the typical TMG criteria are not fulfilled. Workshop participants proposed that OSD should also be given the possibility to classify a sailplane as ‘non-TMG’ even if the typical TMG criteria are fulfilled. In order to provide full flexibility in this regard, the final version of the revised definition for TMGs in point FCL.010 of Part-FCL was adjusted accordingly. As regards the classification of a sailplane as ‘TMG’ or ‘non-TMG’, OSD will be able to ‘overrule’ the general TMG definition of Part-SFCL in both directions. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 28 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what 2.4.4.3. Logbook endorsements for additional privileges When drafting Part-SFCL, the RMT.0701 expert group developed a simplified process for obtaining some of the additional privileges available for sailplane pilots (launching methods, aerobatic and sailplane cloud flying privileges; see Section 2.3.4.1. for further details). During the sailplane workshop, this new approach received wide support by the meeting participants. However, many participants highlighted that competent authorities should be notified in the case of such logbook endorsements by training organisations or instructors. One participant highlighted that competent authorities should be given the possibility to decide to which extend they wish to receive such notifications. The final version of Part-SFCL contains a provision (point SFCL.015(a)(2)) which indeed leaves it to the competent authorities to determine whether copies of the relevant logbook entries shall be submitted to them. 2.4.4.4. Minimum training route for TMG privileges During the sailplane workshop, one participant highlighted that while under Part-FCL 30 hours of flight training are required for obtaining a licence with privileges to fly a TMG (LAPL(A) + TMG), now under Part-SFCL 15 hours of flight training will be sufficient (SPL restricted to TMG; see also Section 2.3.4.3.). The commenter claimed that this reduced minimum training time for TMG privileges should be carefully considered, especially in the context of the possibility to step up to an aeroplane licence from a sailplane licence with TMG privileges. EASA, during the meeting, pointed out that there is still a difference between an LAPL(A) with TMG privileges which can be easily extended to aeroplanes (extension to SEP class; point FCL.135.A) and sailplane licences with TMG privileges where holders additionally need to comply with the experience requirements for TMGs (point FCL.110.A(b): 21 hours of flight time after obtaining TMG privileges) before completing the training as set out in point FCL.135.A for obtaining an LAPL(A). EASA completed a further analysis of the current Part-FCL provisions and concluded as follows: — Part-FCL today allows an applicant to obtain an LAPL(S) (point FCL.110.S: 15 hours of training), followed by an extension to TMG (point FCL.135.S: 6 hours of training), and then to step up to an LAPL(A) via point FCL.110.A(b), requiring the pilot to fly for 21 hours on TMG after obtaining TMG privileges and to comply with the training elements specified in point FCL.135.A(a) (3 hours of training). In total, this means that according to Part-FCL today:  a licence with TMG privileges (LAPL(S) + TMG) can be obtained with 15 + 6 = 21 hours of flight experience; and  a pilot who obtains an LAPL(S) + TMG privileges and steps up to an LAPL(A), has in total 15 + 6 + 21 + 3 = 45 hours of flight experience. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 29 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what — Part-SFCL will allow an applicant to obtain an SPL + ab initio TMG privileges (point SFCL.130: 15 hours of training) and then to step up to the LAPL(A) via point FCL.110.A(b) (21 hours of TMG flight experience after obtaining TMG privileges and 3 hours of training in accordance with point FCL.135.A). This means that according to Part-SFCL and Part-FCL, in the future:  a licence with TMG privileges (SPL + ab initio TMG privileges) can be obtained with 15 hours of flight experience (training); and  a pilot who obtains an SPL + ab initio TMG privileges and steps up to an LAPL(A), has in total 15 + 21 + 3 = 39 hours of flight experience. The decrease of 6 hours compared to today’s Part-FCL route (21/45 hours, see above) can be justified by the fact that during the new Part-SFCL training route, the pilot will be trained on TMG (engine handling, etc.) already during the initial SPL training. As the LAPL(A) is not an ICAO-compliant licence, the 39 hours of overall flight experience in such a case is not deemed to be an issue. If an LAPL(A) is obtained via such a route, for stepping further up to an ICAO-compliant Part- FCL PPL(A), a pilot will still need to comply with point FCL.210.A(b) (another 15 flight hours after the issue of the LAPL, 10 of which shall be flight instruction), and thereby comply with the ICAO minimum experience requirements for the issue of a PPL(A) (40 hours for flight experience, if not gained during an approved training course). — For stepping up from a Part-SFCL SPL with ab initio TMG privileges to a Part-FCL PPL(A), compliance with point FCL.210.A(c) will be required (24 hours of flight time on TMGs after obtaining TMG privileges = issue of the SPL in this case; and additional 15 hours of flight training in aeroplanes). By using this training route, Part-SFCL and Part-FCL allow applicants to obtain a PPL(A) with 15 + 24 + 15 = 54 hours of total flight experience. EASA therefore considers that Part-SFCL and Part-FCL training and crediting arrangements are appropriate. 2.4.4.5. Launching methods used during SPL training The arrangements for extending the privileges of an SPL to further launching methods were taken over from Part-FCL (point FCL.130.S  point SFCL.155), meaning that only privileges for the launching method used during the skill test shall be included in an initially issued SPL. Privileges for additional launching methods can be obtained via additional training. During the sailplane workshop, it was agreed that an initially issued SPL should also include launching methods that were not included in the skill test but were sufficiently trained during the training course. The final version of point SFCL.155 therefore allows an SPL holder to use all launching methods for which the minimum training requirements as established in this point have been complied with, either during the SPL training course (point SFCL.130), the training for obtaining sailplane privileges (for SPLs initially issued with TMG privileges only — point SFCL.150(e)(1) or additional training provided by an instructor after the issue of TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 30 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what the SPL. The completion of the training on the relevant launching method will be recorded through logbook entries signed by the head of training of the ATO or the DTO or the instructor, as applicable. Licence endorsements by the competent authority related to launching methods will no longer be necessary. 2.4.4.6. Additional launching method: ‘gravity launch’ In some Member States, sailplanes are also launched by letting them run down a runway that is built on a hillslope. During the sailplane workshop, a long discussion took place whether minimum training requirements for this method, referred to as ‘gravity launch’, should be added to Part-SFCL. Some participants did not see a need to regulate this while others held the opinion that Part-SFCL as a comprehensive regulatory framework for European sailplane licences should consider also ‘gravity launch’, as it is practised in some Member States. It was finally decided to take a flexible approach: an additional requirement has been added to point SFCL.155 which requires sailplane pilots to comply with training requirements determined by the competent authority for further launching methods not covered by this point. 2.4.4.7. Scope of basic aerobatic privileges EASA received some comments which contained proposals for extending the scope of the basic aerobatic privileges by adding manoeuvres such as the lazy eight, immelman, hammerhead, stall turns, chandelles, and clover leaf. EASA, together with the RMT.0701 expert group assessed these comments and finally concluded that widening the scope of the basic aerobatic privileges to a number of additional manoeuvres would contradict the initial idea and concept of the basic aerobatic privileges which was to establish a clear step between basic and advanced aerobatic privileges. Also, due to the nature of basic privileges and the related reduced and simplified training requirements, the intention was to exclude all manoeuvres which, in the case of wrong pilot input, could easily end up in a highly dangerous flight condition. In this context, it was decided to add the lazy-eight manoeuvre and to specify in the list of basic aerobatic manoeuvres that only ‘inside’ loops are included. One specific comment argued that specific training on spins could add additional general safety benefits, not only limited to aerobatic flight. It was therefore finally decided to add also spins to the basic aerobatic training and privileges. 2.4.4.8. Banner towing rating The initial draft of Part-SFCL did not take over from Part-FCL the banner towing rating for sailplane pilots, as it had been believed to be not relevant for sailplanes. However, some participants in the sailplane workshop argued that banner towing with TMGs is a relevant activity in their Member States. The scope of point SFCL.205 was therefore extended to include also a banner towing rating, as it is the case in point FCL.805 of Part-FCL today. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 31 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what In this context, another comment highlighted that today the training scope of a sailplane DTO does not include training for a banner towing rating (see point DTO.GEN.110(a)(3)). Point DTO.GEN.110(a)(3) will therefore be amended to include training for the banner towing (with TMGs). 2.4.4.9. Cloud flying training under engine power Today, point FCL.830 of Part-FCL excludes TMGs from sailplane cloud flying, with the intention that the privileges of the sailplane cloud flying shall not be used for motor- powered flights in clouds. In new point SFCL.215, this exclusion of TMGs is replaced by a general limitation of the exercise of cloud flying privileges to flights without engine power. However, during the sailplane workshop, some participants stated that a certain part of the training for sailplane cloud flying privileges should be allowed with motor power, given that such training flights are conducted in VMC and the student wears an IFR training hood. Such a possibility would provide more flexibility with regard to sailplane cloud flying training. It was finally agreed to allow that 50 % of the actual practical training time (which could be more than the minimum of 2 hours) may be completed in TMGs with engine power in VMC and with the student wearing an IFR training hood. Point SFCL.215(b)(2)(ii) has been updated accordingly. 2.5. What are the expected benefits and drawbacks of the proposals 2.5.1. General As explained in Section 2.1., due to repeated stakeholder input, particularly from those Member States which have already implemented Part-FCL also for balloons and sailplanes, the decision was taken to simplify the regulatory framework for balloon and sailplane flight crew licensing, when transferring the respective requirements from Part-FCL to the new Balloon Regulation and the new Sailplane Regulation. The impact of such simplified requirements, as presented in the previous chapters, is assessed in the following sections. In this context, the statistical data for balloon and sailplane activities, as described in Section 2.5 of EASA Opinion No 01/201616 as well as in Chapter 3 of EASA Opinion No 07/201717, should be taken into consideration. 2.5.2. Overview of the different options Table 1 — Selected policy options Option Short title Description No 0 Part-FCL unchanged No policy change: the current Part-FCL requirements for balloons and sailplanes continue to be implemented or, as regards those Member States who made use of the respective 16 Opinion No 01/2016 ‘Revision of the European operational rules for balloons’ (RMT.0674) (https://www.easa.europa.eu/document- library/opinions/opinion-012016). 17 Opinion No 07/2017 ‘Revision of the operational rules for sailplanes’ (RMT.0698) (https://www.easa.europa.eu/document-library/opinions/opinion- 072017). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 32 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what opt-outs, are implemented after these opt-outs terminate in April 2020. Part-FCL requirements for balloons and sailplanes are transferred to the new Balloon Regulation and the new Sailplane Regulation without any changes to the content. 1 Simplified European Part-FCL requirements are revised, as described in detail in FCL requirements Section 2.3., in order to address major issues identified for for balloons and balloons and sailplanes as described in Section 2.1. Examples of sailplanes major changes are the following: — Deletion of the LAPL and compatibility of BPL/SPL with an LAPL medical, except for commercial passenger flights; — Simplification of recency requirements for BPL/SPL holders; — Commercial operation rating for BPL holders; — Basic aerobatic privileges for SPL holders; — Simplified obtainment of additional privileges for SPL holders; — Simplification of the requirements for flight instructors and examiners; — Option for Member States to implement modular training routes towards BPL/SPL. 2 National rules for Stop the implementation of the current Part-FCL requirements balloon and for balloons and sailplanes and allow continued application of sailplane FCL national FCL requirements for balloons and sailplanes. This option would however not be in line with the overall objective to have standardised rules that ensure a high and uniform level of safety in all Member States and is therefore discarded. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 33 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what 2.5.3. Analysis of the impacts of different options The following tables present the impacts of each different option (Table 2a for Option 0 and Table 2b for Option 1). Each impact is scored with 0 (neutral), + (positive), – (negative) or a combination of + and – (±). Table 2a: Option 0 ‘Part-FCL unchanged’ Criteria Description of the impact Result Safety impact No impact. The current safety level is maintained. 0 Social impact A negative social impact could be expected as the complex and — to some extent — overregulating Part-FCL requirements in the context of balloons and sailplanes could lead to a negative effect on the acceptance of relevant – industry (pilots, training organisations). Some of the existing pilots, instructors, examiners or training organisations may stop their activities due to the overdemanding regulation. Economic A negative economic impact is expected as the overcomplex and impact overdemanding Part-FCL requirements for balloons and sailplanes result in administrative costs for stakeholders which are not proportionate when – considering the nature of balloons and sailplanes and the operation of these aircraft. GA and A negative impact on the GA community can be expected from the full proportionality implementation of Part-FCL, as it is too complex and overregulating in the – context of balloons and sailplanes (refer to Section 2.1. for further details). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 34 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what Table 2b: Option 1 ‘Simplified European FCL requirements for balloons and sailplanes’ Criteria Description of the impact Result Safety impact No impact. While Part-BFCL and Part-SFCL will provide a simplified and less demanding regulatory framework, minima as necessary for the safe conduct of particular activities (e.g. general recency, commercial operation, 0 providing instruction) are kept. At the same time, a simple set of rules tailored to the industry’s needs is more likely to be accepted and duly applied by stakeholders. Social impact A positive social impact could be expected as a simplified and proportionate regulatory framework which is tailored to the needs of the industry could lead to a positive effect on the acceptance of relevant industry (pilots, training organisations). Such simplified requirements are more likely to be + duly applied and will contribute to a harmonised application of European standards. Additionally, simplified rules will make access to balloon and sailplane activities easier and will thereby support a positive development and growth of these aviation sectors. Economic A positive economic impact can be expected as a simplified and less impact demanding regulatory framework will result in reduced administrative burden and costs for both the industry and competent authorities. It will be more affordable to obtain and maintain pilot privileges. Training + organisations will benefit from flexible training requirements tailored to the needs of the relevant aircraft category which will reduce costs also for training providers. GA and A positive impact on the GA community is expected in the context of the proportionality impacts described above. The new Part-BFCL and the new Part-SFCL are in line with the objectives of the EASA GA Road Map and contain a simpler, + lighter and better regulatory framework for balloon and sailplane FCL, compared to the present Part-FCL requirements. 2.5.4. Conclusion Table 2d: Overall impacts of all options Criteria Option 0 Option 1 Part-FCL unchanged Simplified European FCL requirements for balloons and sailplanes Safety 0 0 Social – + Economic – + GA and – + proportionality Overall – + TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 35 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 2. In summary — why and what As illustrated in Table 2a, Option 0 (‘Part-FCL unchanged’) will have no safety impact but is expected to have negative social and economic impacts as well as a negative impact on the GA community. As illustrated in Table 2b, Option 1 (‘Simplified European FCL requirements for balloons and sailplanes’) will have no safety impact and, additionally, is expected to have positive social and economic impacts as well as a positive impact on the GA community. In summary, Option 1 is considered to be the best option to appropriately address the issue as it has no negative impact on safety, it has positive social and economic impacts as well as a positive impact on GA, and is the only option that has no negative impacts on any of the domains that have been assessed. 2.6. How we monitor and evaluate the rules The implementation of Part-BFCL and Part-SFCL will be monitored and evaluated through the continued exchange of information between EASA and the Member States during EASA Advisory Body meetings as well as during standardisation inspections. It is recommended that the following monitoring indicators be used to review the implementation of the new provisions: Table: Proposed indicative indicators to monitor the implementation of the rules Monitoring indicator Source of data Indicative frequency Number of BPL Standardisation data Annually Number of SPL Standardisation data Annually Number of BPL/SPL holders Standardisation data Annually with LAPL medical certificate Assessment of the cases EASA Safety Review Annually where sailplane training was a factor in a safety incident/accident Assessment of the cases EASA Safety Review Annually where balloon training was a factor in a safety incident/accident Based on the monitoring results, EASA may undertake an evaluation of the impact of the adopted rules. This evaluation shall assess the achieved impact of the changes versus the expected consequences, and shall conclude on the overall relevance, effectiveness and efficiency of the rules. Cologne, 18 February 2019 Patrick KY Executive Director TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 36 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 3. References 3. References 3.1. Affected 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 (OJ L 311, 25.11.2011, p. 1) — Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and the Council (OJ L 71/10, 14.03.2018, p. 10) — Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64) 3.2. Related decisions — Decision No 2011/016/R of the Executive Director of the European Aviation Safety Agency of 15 December 2011 on Acceptable Means of Compliance and Guidance Material to 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 (‘Acceptable Means of Compliance and Guidance Material to Part-FCL’), as amended — Decision No 2012/006/R of the Executive Director of the Agency of 19th April 2012 on Acceptable Means of Compliance and Guidance Material to 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 (‘Acceptable Means of Compliance and Guidance Material to Part-ARA’), as amended — Decision No 2012/007/R of the Executive Director of the Agency of 19th April 2012 on Acceptable Means of Compliance and Guidance Material to 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 (‘Acceptable Means of Compliance and Guidance Material to Part-ORA’), as amended — Decision No 2018/009/R of the Executive Director of the Agency of 14 September 2018 issuing Acceptable Means of Compliance and Guidance Material to Regulation (EU) No 1178/2011 and to its Annex VIII (Part-DTO) (‘AMC/GM to Part-DTO’), as amended 3.3. Other reference documents — Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 37 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 3. References the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1) — General Aviation Road Map (http://easa.europa.eu/easa-and-you/general-aviation) TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 38 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices 4. Appendices Note: The remark ‘No differences’ in the column ‘Differences/remarks’ indicates that there are no differences between Part-BFCL/Part-SFCL and Part- FCL with regard to the content of the relevant requirements (e.g. training hours, flight experience required), even if in some cases the text has been restructured and rearranged (e.g. wording improved for clarity, lists introduced, terminology and wording adjusted for balloons or sailplanes, more than one Part-FCL point merged into one Part-BFCL/Part-SFCL point). Additionally, where necessary and not already explained in Chapters 2.3.2., 2.3.3. and 2.3.4., a brief justification for the changes to the content of a requirement is given in italics. 4.1. Appendix 1: Content of Part-BFCL and comparison with Part-FCL Part-BFCL Content Part-FCL Differences/remarks reference cross reference Subpart GEN BFCL.001 Scope FCL.005 No differences BFCL.005 Competent authority FCL.001 No differences BFCL.010 Classes and groups of balloons AMC1 FCL.225.B — Classes and groups of balloons are now set out at rule level. — Subdivision into groups only kept for hot-air balloons. For other classes, such a subdivision does not have a large practical impact and can be deleted. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 39 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices BFCL.015 Application for and issue, FCL.015 — Text of point FCL.015(a) transferred to point BFCL.015(a) and (b). revalidation and renewal of a BPL — Point BFCL.015(a) restructured to contain a list and reworded to reflect that only FI/FE as well as associated privileges, certificates are subject to revalidation and renewal. ratings and certificates — Insertion of the term ‘privileges’ (class privileges). — Paragraphs (e) and (f): all Part-FCL/BFCL/SFCL licences held by a pilot need to be issued in the same Member State. In case of licence transfer, all Part-FCL/BFCL/SFCL licences held by that pilot need to be transferred together. — New paragraph (g) to limit the validity period of a skill test or assessment of competence for the issue of the relevant licence, rating or certificate to 6 months (as also proposed for point FCL.015 of Part-FCL with NPA 2016-16). BFCL.030 Practical skill test FCL.030(b) — No differences — Point FCL.030(a) covered by point BFCL.145(c). BFCL.035 Crediting of flight time FCL.035(a)(2)(i) — No differences — Rest of point FCL.035 not relevant for balloons:  paragraph (a)(1) not necessary as the whole Part-BFCL is about balloons only;  paragraph (b) is about theory credits not relevant for balloons (hence point BFCL.035 is named ‘Crediting of flight time’; for crediting of theoretical knowledge, refer to point BFCL.140). BFCL.045 Obligation to carry and present FCL.045 New document to carry: logbook data for demonstrating compliance with recency documents requirements that are only recorded in the logbook. BFCL.050 Recording of flight time FCL.050 No differences TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 40 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices BFCL.065 Curtailment of privileges of a BPL FCL.065 Term ‘commercial air transport’ replaced by ‘commercial passenger ballooning (CPB)’ holder aged 70 years or older in (terminology from Part-BOP). commercial passenger ballooning BFCL.070 Limitation, suspension and FCL.070 Reference to the essential requirements of the Basic Regulation added. revocation of licences, privileges, Reference to ‘operational requirements’ replaced by a reference to Annex II (Part-BOP) ratings and certificates to Commission Regulation (EU) 2018/395. Subpart BPL BFCL.115 Privileges and conditions FCL.205.B — Reference to new commercial operation rating instead of requirements on how to lift a restriction to non-commercial operation. FCL.040 — Point BFCL.115(c) reflects the content of point FCL.040. BFCL.120 Minimum age FCL.200(b) No differences BFCL.125 Student pilot FCL.020 No differences BFCL.130 Training course and experience FCL.210.B Only hot-air balloon (group A only) or gas balloons can be used for initial BPL training. requirements Larger balloons will require to carry more people which is not to be done during initial licence training. Before extending privileges to larger balloons, experience with smaller balloons shall be acquired. BFCL.135 Theoretical knowledge FCL.025 No differences examination FCL.215 BFCL.140 Crediting of theoretical knowledge Appendix 1, No differences Section A, points 1.1., 1.2. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 41 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices BFCL.145 Practical skill test FCL.030(a) No differences FCL.235 BFCL.150 Extension of privileges to another FCL.135.B — Subdivision into group only for hot-air balloons (see also point BFCL.010). balloon class or group FCL.225.B(b) — Gas balloons with an envelope size of more than 1 260 m3: minimum experience requirement of 50 hours of flight time deleted. The practical relevance of such a prerequisite is very low, due to minor envelope steps of gas balloons and respective minor handling differences between different envelope steps. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 42 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices BFCL.160 Recency requirements FCL.230.B — Time frame for the training flight extended from 24 to 48 months. — Introduction of the option to ‘fly dual’ in order to keep recent experience in general (point BFCL.160(a)(1)(i)), therefore no need for further keeping an additional ‘renewal’; option similar to points FCL.140.B(b) and FCL.230.B(c). — Hot-air balloons: not only in the case of the training flight but also in case of a proficiency check, the recency is kept only for the hot-air balloon group (and hot-air balloon groups with smaller envelope size) used (other balloon classes are no longer subdivided into groups; see point BFCL.010). — Paragraph (b) (cross-class credit): no minimum number of take-offs/landings mentioned. More flexibility — If training flight is completed in another balloon class and hot-air balloon class privileges are also held  recency in hot-air balloons only maintained for group A. For keeping privileges for hot-air balloons with bigger envelope sizes, recent experience with such classes is needed and no cross-crediting from other balloon classes should be possible. — Credits for holders of a commercial operation rating. — No additional (advanced) recency requirements for non-commercial carriage of passengers (requirements of Part-FCL, point FCL.060 not taken over). For recency requirements related to commercial passenger ballooning, refer to point BFCL.220. Subpart ADD TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 43 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices BFCL.200 Tethered hot-air balloon flight FCL.130.B — Formal rating, limited to hot-air balloons. rating No practical relevance for other balloon classes. — Training requirements: reduced from 3 to 2 training flights. Tethered flight, being a non-complex type of operation, reuses skills already obtained during BPL training, hence this reduction of minimum training requirements (proportionality). — Recency requirements: reduced from 2 flights in 24 months to 1 flight in 48 months. See justification in the previous indent. BFCL.210 Night rating FCL.810(c) No differences BFCL.215 Commercial operation rating FCL.205.B(b) — Formal rating. — Prerequisite: relevant class privileges need to be held. — For initial issue: skill test (instead of proficiency check). — Extension to other classes: skill test required. — Recency requirements introduced. — Credits for operator proficiency checks completed in accordance with Part-BOP. Subpart FI BFCL.300 Flight instructor certificates FCL.900 Updated in coordination with RMT.0188 ((FCL.002(a))) (Opinion No 05/2017 ‘Amendments to Commission Regulation (EU) No 1178/2011’). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 44 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices BFCL.315 Privileges and conditions FCL.905.FI — Instructional privileges for the night rating: no more ‘demonstration of ability’ to an FI required. Minor differences between night and day balloon instruction allow such a simplification. — Instructional privileges for the tethered flight rating: now mentioned in Part-BFCL (tethered flight extension not mentioned in FCL.905.FI). — Instructional privileges for the FI certificate:  prerequisite of ‘50 take-offs and landings’ deleted The remaining ‘50 hours of flight instruction’ is sufficient and understood to cover all relevant phases of a balloon flight.  assessment of competence replaced by providing 1 hour of flight instruction under supervision More proportional and practical approach. BFCL.320 Prerequisites and requirements FCL.900(a)(1) and (2) No differences FCL.915(a), (b)(1) and (3) FCL.930 FCL.935 BFCL.325 Instructor competencies and FCL.920 No differences assessment thereof TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 45 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices BFCL.330 Training course FCL.930.FI — Pre-course assessment of the candidate does not necessarily need to contain a flight and can be completed within the preceding 12 months (instead of 6 months). More flexibility is given to training organisations by allowing them to decide on a case-by-case basis whether or not to include a flight in the pre-course assessment, as necessary. AMC/GM is planned to provide further explanations. — Theoretical knowledge course:  minimum duration reduced from 30 to 12 hours (excluding teaching and learning) Applicants for an FI(B) certificate are not ab initio students and do not need to be retaught basic ballooning knowledge. The purpose of the FI course is to strengthen the already existing balloon theoretical knowledge of the applicants of an FI certificate, and for this purpose, 12 hours have been considered to be sufficient, leading also to a significant alleviation in FI training.  reference to point BFCL.325 included BFCL.345 Assessment of competence FCL.935 — Assessment of competence does not necessarily take place in the balloon class used during the FI training course. The focus of the FI(B) assessment is on the candidate’s instructional competence, not on the competence regarding a specific balloon class. Considering that in most cases the balloon class used for the FI training will be the one to be used for the assessment of competence, it was still the intention to provide more flexibility also in this area. — Consequences of a failed assessment of competence (point FCL.935(d)) moved to point BFCL.360(e). BFCL.360 Recency requirements Revalidation requirements replaced by recency requirements (see Section 2.3.2.2.). Subpart FE TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 46 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices BFCL.400 Flight examiner certificates FCL.1000 Updated in coordination with RMT.0188 ((FCL.002(a))) (Opinion No 05/2017 ‘Amendments to Commission Regulation (EU) No 1178/2011’). BFCL.405 Limitation of privileges in case of FCL.1005 — Amount of allowed training involvement for examiners raised to 50 % of the training vested interests course duration. More flexibility with regard to the relatively small balloon community in some Member States. — No exclusion in case of being responsible for the recommendation for the skill test (point FCL.1005(a)(2) also proposed to be deleted with Opinion No 05/2017 ‘Amendments to Commission Regulation (EU) No 1178/2011’). BFCL.410 Conduct of skill test, proficiency FCL.1030 No differences, but terminology adjusted (‘privileges’). checks and assessments of competence BFCL.415 Privileges and conditions FCL.1005.FE(e) — General prerequisite of 50 hours as FI is to have covered the full BPL syllabus (in order to ensure that the applicant has gained experience as an instructor in all phases of a FCL.1010.FIE(e) balloon flight). — Prerequisites for instruction for commercial operation privileges (now: commercial operation rating): no hourly requirements, but examiner standardisation needs to cover this activity. More proportionate and practical approach. — No separate FIE certificate, privileges to assess applicant FIs are included in the FE certificate with the following prerequisites:  350 hours total flight time (like Part-FCL);  5 hours as FI instructor (Part-FCL: 10 hours);  no separate assessment of competence — examiner standardisation needs to cover this activity. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 47 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices BFCL.420 Prerequisites and requirements FCL.1000(a)(1) and No differences (2) FCL.1010 FCL.1015 FCL.1020 FCL.1010.FE BFCL.430 Standardisation course FCL.1015 Course content: at least 1 test profile (Part-FCL: 2 test profiles). BFCL.445 Assessment of competence FCL.1020 No differences BFCL.460 Validity, revalidation and renewal FCL.1025 — Validity period extended to 5 years. — Revalidation requirements (see Section 2.3.2.3.):  no minimum number of skill tests, proficiency checks or assessments of competence;  reassessment (skill test, proficiency check or assessment of competence under supervision) within the last 24 months instead of 12 months. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 48 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices 4.2. Appendix 2: Content of Part-SFCL and comparison with Part-FCL Part-SFCL Content Part-FCL Differences/remarks reference cross reference Subpart GEN SFCL.001 Scope FCL.005 No differences SFCL.005 Competent authority FCL.001 No differences SFCL.015 Application for and issue, FCL.015 — Text of point FCL.015(a) transferred to point SFCL.015(a) and (b). revalidation and renewal of an SPL — Point SFCL.015(a) restructured to contain a list and reworded to reflect that only FI/FE as well as associated privileges, certificates are subject to revalidation and renewal. ratings and certificates — Insertion of the term ‘privileges’ (class privileges). — Paragraphs (e) and (f): all Part-FCL/BFCL/SFCL licences held by a pilot need to be issued in the same Member State. In case of licence transfer, all Part-FCL/BFCL/SFCL licences held by that pilot need to be transferred together. — New paragraph (g) to limit the validity period of a skill test or assessment of competence for the issue of the relevant licence, rating or certificate to 6 months (as also proposed for point FCL.015 of Part-FCL with NPA 2016-16). SFCL.030 Practical skill test FCL.030(b) — No differences. — Point FCL.030(a) covered by point SFCL.145(c). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 49 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices SFCL.035 Crediting of flight time FCL.035(a)(2)(i) — No differences. — Rest of point FCL.035 not relevant for sailplanes:  paragraph (a)(1) not necessary as the whole Part-SFCL is about sailplanes only;  paragraph (b) is about theory credits not relevant for sailplanes (hence point SFCL.035 is named ‘Crediting of flight time’; for crediting of theoretical knowledge, refer to point SFCL.140). SFCL.045 Obligation to carry and present FCL.045 — New document to carry: logbook data for demonstrating compliance with recency documents requirements that are only recorded in the logbook. — For local flights, all documents can be retained at the aerodrome. SFCL.050 Recording of flight time FCL.050 No differences SFCL.065 Curtailment of privileges of an SPL FCL.065 Term ‘commercial air transport’ replaced by ‘commercial sailplane operation’. holder aged 70 year or older in commercial passenger ballooning / commercial passenger sailplane operation SFCL.070 Limitation, suspension and FCL.070 Reference to the essential requirements of the Basic Regulation added. revocation of licences, privileges, Reference to ‘operational requirements’ replaced by a reference to Annex II (Part-SAO) ratings and certificates to Commission Implementing Regulation (EU) 2018/1976. Subpart SPL SFCL.115 Privileges and conditions FCL.205.S — Privileges for carrying passengers: additional flight with FI(S) required in order to demonstrate the necessary competence. FCL.040 — Privileges for commercial operations: no proficiency check required. — Point SFCL.115(c) reflects the content of point FCL.040. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 50 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices SFCL.120 Minimum age FCL.200(b) No differences SFCL.125 Student pilot FCL.020 No differences SFCL.130 Training course and experience FCL.110.S — Text restructured in order to allow different training routes for ab initio sailplane requirements and/or TMG privileges (see also point SFCL.145(b)). FCL.210.S — Minimum training elements for both sailplanes and TMGs defined (for TMGs, FCL.135.S(a) modelled on point FCL.135.S(a)). — Credits for holders of licences for other aircraft categories: credit includes also 10 launches. Point FCL.210.S(b) final paragraph provided credits only for up to 7 hours, but not for launches. Hence, still 45 launches had to be made in 8 hours (15 minus 7 hours) of training, which was identified to be inconsistent with the general crediting approach. SFCL.135 Theoretical knowledge FCL.025 No differences examination FCL.215 SFCL.140 Crediting of theoretical knowledge Appendix 1, No differences Section A, points 1.1., 1.2. SFCL.145 Practical skill test FCL.030(a) Use of either sailplane or TMG for the skill test dependent on compliance with the relevant minimum training requirements as set out in point SFCL.130. FCL.235 TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 51 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices SFCL.150 Sailplane and TMG privileges New (sailplanes) — Acquisition of sailplane/TMG privileges dependent on aircraft used for the skill test (see point SFCL.145). FCL.135.S (TMG) — Minimum training requirements to extend privileges from sailplanes to TMGs (modelled on point FCL.135.S(a)), and from TMGs to sailplanes (new). — TMG privileges: credits for TMG privileges held in accordance with Part-FCL. SFCL.155 Launching methods FCL.130.S — All launching methods sufficiently trained during the SPL training course are included in the SPL, when initially issued. — Completion of the minimum training requirements for the relevant launching methods is recorded by the ATO/DTO or, in the case of additional launching training after the issue of the SPL, the instructor in the pilot’s logbook (see Section 2.3.4.1.). SFCL.160 Recency requirements FCL.140.S — Completely revised in order to allow combined sailplane/TMG activity for maintaining recency (see last paragraph in Section 2.3.4.3). FCL.060 — Introduction of the option to ‘fly dual’ in order to keep recent experience in general (point SFCL.160(a)(1) and (b)(1)), therefore no need for further keeping an additional ‘renewal’ — option similar to point FCL.140.S(c). In this context, it is also made possible to include the 2 training flights with an FI into the overall 5-hour flight time requirement. Part-ADD SFCL.200 Aerobatic privileges FCL.800 — Basic aerobatic and advanced aerobatic privileges (see Section 2.3.4.5.). — Changed from ‘rating’ endorsed on the licence to ‘privileges’ obtained after completion of training is recorded by the ATO/DTO in the pilot’s logbook (see Section 2.3.4.1.). SFCL.205 Sailplane towing and banner FCL.805 Crediting provision added for holders of a towing rating issued in accordance with towing rating Part-FCL, point FCL.805. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 52 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices SFCL.210 TMG night rating FCL.810 Crediting provision added for holders of a night rating issued in accordance with Part FCL, point FCL.810. SFCL.215 Sailplane cloud flying privileges FCL.830 — Changed from ‘rating’ endorsed on the licence to ‘privileges’ obtained after completion of training is recorded by the ATO/DTO in the pilot’s logbook (see Section 2.3.4.1.). — Prerequisites: flight experience reduced from 30 to 15 hours. 15 hours of experience have been identified to be sufficient. — TMGs with stopped engine included. — 50 % of the actual course duration (2 hours of flight instruction is only the minimum required) can be completed in TMGs under engine power in VMC. During the focused consultation workshop on 26 June 2018, it was agreed that such motor-powered training flights should be possible when the students wears the IFR training hood (AMC to be developed). — Skill test deleted (same logic as for aerobatic privileges). More proportionate and practical approach (as already the case in national sailplane regulations). Subpart FI SFCL.300 Flight instructor certificates FCL.900 Updated in coordination with RMT.0188 (FCL.002(A)) (Opinion No 05/2017 ‘Amendments to Commission Regulation (EU) No 1178/2011’). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 53 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices SFCL.315 Privileges and conditions FCL.905.FI — Instructional privileges for launching methods: minimum experience requirements defined for aerotow and winch launch. FCL.915.FI(e) Necessary in order to ensure sufficient experience before providing instruction in those launching methods. — Instructional privileges for the TMG privileges: assessment of competence replaced by ‘demonstration of ability to instruct to an FI instructor’ + preceding TMG training during FI course. More proportionate and practical approach. — Instructional privileges for the FI certificate: assessment of competence replaced by ‘demonstration to an FI instructor of the ability to instruct applicants for an instructor certificate’. More proportionate and practical approach. SFCL.320 Prerequisites and requirements FCL.900(a)(1) and (2) No differences FCL.915(a), (b)(1) and (3) FCL.930 FCL.935 SFCL.325 Instructor competencies and FCL.920 No differences assessment thereof TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 54 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices SFCL.330 Training course FCL.930.FI — Pre-course assessment of the candidate does not necessarily need to contain a flight and can be completed within the preceding 12 months (instead of 6 months). — Theoretical knowledge course: reference to point BFCL.325 included. — Term ‘take-off’ replaced by ‘launches’. ‘Launches’ is the term usually to be used when referring to pure gliding operations. However, and notwithstanding point SFCL.330(b)(2) (TMG instructional privileges), TMGs may be used for up to 3 hours out of the 6 hours of flight instruction). — Instructional privileges for the TMG privileges: clarification that 6 hours of TMG training are ‘in addition’ to the standard FI training course duration. SFCL.345 Assessment of competence FCL.940.FI — Assessment of competence needs to take place on sailplanes, excluding TMGs. — Consequences of a failed assessment of competence (point FCL.935(d)) moved to point SFCL.360(d). SFCL.350 Restricted privileges FCL.910.FI — Scope of ‘FI restricted’: training for night rating excluded, training for aerobatic privileges included. Intention: training for additional ratings/privileges requiring solo flights is excluded, everything else is included. — ‘FI restricted’ with completed FI TMG training (point SFCL.330(b)(2)): part of FI experience needed for lifting the restriction can be completed on TMGs. SFCL.360 Recency requirements Revalidation requirements replaced by recency requirements (see Section 2.3.2.2.). SFCL.400 Flight examiner certificates FCL.1000 Updated in coordination with RMT.0188 (FCL.002(A)) (Opinion No 05/2017 ‘Amendments to Commission Regulation (EU) No 1178/2011’). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 55 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices SFCL.405 Limitation of privileges in case of FCL.1005 — Amount of allowed training involvement for examiners raised to 50 % of the training vested interests course duration. — No exclusion in case of being responsible for the recommendation for the skill test (point FCL.1005(a)(2) also proposed to be deleted with Opinion No 05/2017 ‘Amendments to Commission Regulation (EU) No 1178/2011’). SFCL.410 Conduct of skill test, proficiency FCL.1030 No differences, but terminology adjusted (‘privileges’). checks and assessments of competence SFCL.415 Privileges and conditions FCL.1005.FE(d) — Privileges for conducting skill tests for the sailplane cloud flying privileges as well as proficiency checks for commercial operation privileges deleted (no more skill FCL.1010.FIE(d) test/proficiency check necessary, see points SFCL.115 and SFCL.220). — No separate FIE certificate, privileges to assess applicant FIs are included in the FE certificate with the following prerequisites:  flight experience as FI instructor: 10 hours or 30 launches/take-offs and landings on sailplanes/TMGs, as applicable (like in Part-FCL);  no separate assessment of competence — examiner standardisation needs to cover this activity. SFCL.420 Prerequisites and requirements FCL.1000(a)(1) and No differences (2) FCL.1010 FCL.1015 FCL.1020 FCL.1010.FE SFCL.430 Standardisation course FCL.1015 No differences TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 56 of 57 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (B) 4. Appendices SFCL.445 Assessment of competence FCL.1020 No differences SFCL.460 Validity, revalidation and renewal FCL.1025 — Validity period extended to 5 years. — Revalidation requirements (see Section 2.3.2.3.):  no minimum number of skill tests, proficiency checks or assessments of competence;  reassessment (skill test, proficiency check or assessment of competence under supervision) within last 24 months instead of 12 months. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 57 of 57 An agency of the European Union EUROPEAN COMMISSION Brussels, XXX […](2019) XXX draft Annex Ia to EASA Opinion No 01/2019 COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX 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 EN EN  DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX 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 THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Articles 23 and 27 thereof, Whereas: (1) Commission Regulation (EU) No 1178/2011 (2) 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. Such implementing rules have been adopted with Commission Regulation (EU) No 1178/2011. (2) In light of the specific nature of flight crew licensing for balloons and sailplanes, there is a need for dedicated licensing requirements that are laid down in self-standing regulations. Those rules should be based on the general rules for flight crew licensing that are laid down in Commission Regulation (EU) No 1178/2011, but they should be restructured and simplified, in order to ensure that they are proportionate and founded on a risk-based approach, whilst ensuring that balloon and sailplane pilots are and continue to be competent to carry out their activities and to discharge their responsibilities. (3) These new licensing requirements for balloon and sailplane pilots should be laid down in Commission Regulation (EU) 2018/395 (3) (the balloon operations regulation) and Commission Implementing Regulation (EU) 2018/1976 (4) (the sailplane operations regulation). At the same time, the licensing requirements that are related to balloon and sailplane pilot licences and that are laid down in Annex I (Part-FCL) to Commission ( 1) OJ L 212, 22.8.2018, p. 1. ( 2) 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 (OJ L 311, 25.11.2011, p. 1). ( 3) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10). ( 4) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326 , 20.12.2018, p. 64). EN 1 EN  Regulation (EU) No 1178/2011 should be deleted, and those 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 order to consider 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 Commission 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 more encouraged to obtain privileges for flying in accordance with instrument flight rules (IFR). Hence, the existing rules concerning IFR privileges should be adapted by introducing the basic instrument rating (BIR) in Annex I (Part-FCL). The BIR should be specifically tailored to the needs of pilots that 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 already existing EIR in point FCL.825 of Annex I (Part-FCL) is redundant and should be deleted. Existing EIR holders should be entitled to continue to exercise their privileges and should receive credits when they seek to obtain a BIR. (7) Training for an EIR that commenced prior to the application of this Regulation should be allowed to be completed, and the issue of an EIR should follow within a given transitional period. (8) The measures provided for in this Regulation are based on Opinion No 01/2019 (5) 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, HAS ADOPTED THIS REGULATION: Article 1 Commission Regulation (EU) No 1178/2011 is amended as follows: (1) Article 1 is replaced by the following: ‘Article 1 Subject matter 1. This Regulation lays down detailed rules for: (a) different ratings for pilot licences, the conditions for issuing, maintaining, amending, limiting, suspending or revoking pilot licences, the privileges and responsibilities of the holders of pilot licences, the conditions for the conversion of existing national pilot licences and of national flight engineer licences into pilot licences, as well as the conditions for the acceptance of pilot licences issued by third countries; ( 5) https://www.easa.europa.eu/document-library/opinions EN 2 EN  (b) the certification of persons that are responsible for providing flight training or flight simulation training and for assessing pilots’ skills; (c) 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 mutually recognised medical certificates; (d) the certification of aero-medical examiners, as well as the conditions under which general medical practitioners may act as aero-medical examiners; (e) the periodical aero-medical assessment of cabin crew members, as well as the qualifications of persons who are responsible for this assessment; (f) the conditions for issuing, maintaining, amending, limiting, suspending or revoking cabin crew attestations, as well as the privileges and responsibilities of the holders of cabin crew attestations; (g) the conditions for issuing, maintaining, amending, limiting, suspending or revoking certificates of pilot training organisations and of aero-medical centres involved in the qualification and aero-medical assessment of civil aviation aircrew; (h) the requirements for the certification of flight simulation training devices and for organisations that operate and use those devices; (i) the requirements for the administration and management system to be fulfilled by the Member States, the European Union Aviation Safety Agency and the organisations in relation with the rules referred to in points 1(a) to (h). 2. Articles 11b and 11c as well as Annex IV (Part-MED), Annex VI (Part-ARA), Annex VI (Part-ORA) and Annex VIII (Part-DTO) to this Regulation shall apply to pilot licences for balloons and sailplanes in accordance with Commission Regulation (EU) 2018/395 and Commission Implementing Regulation (EU) 2018/1976.’; (2) in Article 2, paragraph 19 is replaced by the following: ‘(19) “flight instructor (FI)” means an instructor with the privileges to provide training in an aircraft in accordance with Subpart J of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Subpart FI of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or Subpart FI of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976;’; (3) the following Article 4c is inserted: ‘Article 4c Transitional measures for holders of an en route instrument rating 1. Holders of an en route instrument rating (EIR), as set out in point FCL.825 of Annex I (Part-FCL), prior to the date of entry into force of [INSERT REFERENCE TO AMENDING REGULATION] shall: (a) be entitled to continue to exercise the privileges of their EIR after [INSERT DATE OF START OF APPLICATION OF AMENDING REGULATION]; EN 3 EN  (b) receive full credit towards the training requirements in point FCL.835(c)(2)(i)(A) and (C), when applying for the issue of a basic instrument rating (BIR) in accordance with point FCL.835 of Annex I (Part- FCL); and (c) receive full credit as established for EIR holders in Annex I (Part-FCL) before [INSERT REFERENCE TO AMENDING REGULATION] applied. 2. Training for an EIR as referred to in paragraph 1 that commenced prior to the date of entry into force of [INSERT REFERENCE TO AMENDING REGULATION] shall be given credit for the purpose of issuing an EIR until [INSERT DATE OF FIRST ANNIVERSARY OF START OF APPLICATION OF AMENDING REGULATION]. (4) Article 11c is replaced by the following: ‘Article 11c Transitional measures As regards organisations that provide training for pilot licences in accordance with Commission Regulation (EU) 2018/395 and Commission Implementing Regulation (EU) 2018/1976 and for which the European Union Aviation Safety Agency is the competent authority in accordance with Article 78 of Regulation (EU) 2018/1139: (a) Member States shall transfer to EASA all records related to the oversight of such organisations by 8 April 2021 at the latest; (b) certification processes initiated before 8 April 2020 by a Member State shall be concluded by that Member State in coordination with the European Union Aviation Safety Agency which shall assume all its responsibilities as competent authority concerning such organisations after the issuing of the certificate by that Member State.’; (5) in Article 12, paragraph 2a is deleted; (6) Annex I (Part-FCL) is amended in accordance with Annex I to this Regulation; (7) Annex III (Conditions for the acceptance of licences issued by or on behalf of third countries) is amended in accordance with Annex II to this Regulation; (8) Annex IV (Part-MED) is amended in accordance with Annex III to this Regulation; (9) Annex VI (Part-ARA) is amended in accordance with Annex IV to this Regulation; (10) Annex VII (Part-ORA) is amended in accordance with Annex V to this Regulation; (11) Annex VIII (Part-DTO) is amended in accordance with Annex VI to this Regulation. Article 2 1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. This Regulation shall apply from 8 April 2020. However, the following shall apply from the day referred to in paragraph 1: (a) Article 1(4); EN 4 EN  (b) having regard to Article 1(6), points (1)(e); (4)(b); (5); (29); (31); (33)(c); (37)(a); (38); (39); (40); (41)(a); (42); (43); (44); (47)(f); (48); (49) and (50) of Annex I to this Regulation; (c) having regard to Article 1(8), point (b) of Annex IV to this Regulation; (d) Article 1(8); and (e) having regard to Article 1(9), point (7)(d)(ii) of Annex IV to this Regulation. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission The President […] EN 5 EN European Union Aviation Safety Agency Opinion No 01/2019 (A) Easier access for general aviation pilots to instrument flight rules flying NPA/CRD: 2016-14 — RMT.0677 EXECUTIVE SUMMARY This Opinion delivers the results of three rulemaking tasks (RMTs): RMT.0677 ‘Easier access for general aviation pilots to instrument flight rules flying’ and the combined RMT.0654 ‘Revision of the balloon licensing requirements’/RMT.0701 ‘Revision of the sailplane licensing requirements’. The detailed structure of this Opinion and the reason for combining these RMTs into one opinion are given in Section 1.1. The objective of this Opinion regarding RMT.0677 is to establish a simpler, lighter and better regulatory framework for general aviation (GA) pilots regarding flights under instrument flight rules (IFR). Part (A) of this Opinion proposes a more proportionate set of requirements for GA pilots and a competency-based approach to gain an IFR flying qualification. This is one of the key initiatives for meeting the EASA and the GA community’s objectives in this area. With Part (A) of this Opinion, EASA addresses the objective established by the GA Road Map, which is to work towards simpler, lighter and better rules for GA. With better and easier access to IFR flying, GA pilots would be able to plan A-B flights with more confidence of safe completion. They would be less vulnerable to changing weather conditions and the associated risk of continuous visual flight rules (VFR) flights into instrument meteorological conditions (IMC). As well as increasing the safety and resilience of GA flying, better and easier access to IFR flying will also reduce the complexity of longer flights, which often require extensive planning and contingency provisions to be executed under VFR. IFR flight planning for longer A-B flights is often more straightforward — thus encouraging pilots to conduct flights that they might otherwise have not attempted. This will bring safety and economic benefits. Action area: General aviation (GA) Affected rules: Regulation (EU) No 1178/2011; AMC/GM to Part-FCL Affected stakeholders: GA community; GA pilots; instructors; examiners; approved training organisations (ATOs) Driver: Efficiency/proportionality Rulemaking group: No, task force Impact assessment: Light Rulemaking Procedure: Standard 18.12.2015 9.11.2016 18.2.2019 2021/Q1 2021/Q1 TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 1 of 18 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (A) Table of contents Table of contents 1. About this Opinion............................................................................................................................... 3 1.1. How this Opinion was developed ....................................................................................................................... 3 1.2. The next steps ..................................................................................................................................................... 4 2. In summary — why and what ............................................................................................................... 5 2.1. Why we need to change the rules — issue/rationale ......................................................................................... 5 2.2. What we want to achieve — objectives ............................................................................................................. 5 2.3. How we want to achieve it — overview of the proposals .................................................................................. 6 2.3.1. Principles of the proposal ............................................................................................................................... 6 2.3.2. IR is redundant ................................................................................................................................................ 7 2.3.3. Training structure ........................................................................................................................................... 7 2.3.4. Privileges and limitations................................................................................................................................ 7 2.3.5. Theoretical knowledge (TK) ............................................................................................................................ 8 2.3.6. Skill test........................................................................................................................................................... 9 2.3.7. Training organisation ..................................................................................................................................... 9 2.3.8. Validity, revalidation and renewal of the BIR ................................................................................................. 9 2.3.9. Amendments to Regulation (EU) No 1178/2011 ............................................................................................ 9 2.4. What are the stakeholders’ views — outcome of the consultation ................................................................. 11 2.4.1. General ......................................................................................................................................................... 11 2.4.2. Comments and conclusions related to the BIR ............................................................................................. 11 2.5. What are the expected benefits and drawbacks of the proposals ................................................................... 12 2.5.1. Questionnaire ............................................................................................................................................... 12 2.5.2. Analysis ......................................................................................................................................................... 12 2.5.3. Policy options ................................................................................................................................................ 12 2.5.4. Safety impact ................................................................................................................................................ 13 2.5.5. Social impact................................................................................................................................................. 14 2.5.6. Economic impact .......................................................................................................................................... 14 2.5.7. General aviation and proportionality issues ................................................................................................. 15 2.5.8. Impact on ‘better regulation’ and harmonisation ........................................................................................ 15 2.5.9. Comparison and conclusion .......................................................................................................................... 15 2.6. How we monitor and evaluate the rules .......................................................................................................... 16 3. References ........................................................................................................................................ 17 3.1. Affected regulations ......................................................................................................................................... 17 3.2. Related decisions .............................................................................................................................................. 17 3.3. Other reference documents ............................................................................................................................. 17 4. Appendix ........................................................................................................................................... 18 TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 2 of 18 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (A) 1. About this Opinion 1. About this Opinion 1.1. How this Opinion was developed The European Union Aviation Safety Agency (EASA) developed this Opinion in line with Regulation (EU) 2018/11391 and the Rulemaking Procedure2. It contains the results of three rulemaking tasks (RMTs) related to GA issues which all affect Regulation (EU) No 1178/20113. For this reason, EASA decided to combine the draft amendments to Regulation (EU) No 1178/2011 that result from all three RMTs into one consolidated document while separate explanatory notes elaborate on the background and detailed explanations for the different RMTs. The structure of this Opinion, including its annexes, is the following: — Opinion No 01/2019:  Opinion No 01/2019 (A) (Part A): Explanatory Note related to RMT.0677 ‘Easier access for general aviation pilots to instrument flight rules flying’  Opinion No 01/2019 (B) (Part B): Explanatory Note related to RMT.0654/RMT.0701 ‘Revision of the balloon and sailplane licensing requirements’ — Annex Ia to Opinion No 01/2019: Amendments to Regulation (EU) No 1178/2011 — Cover Regulation — Annex Ib to Opinion No 01/2019: Amendments to Regulation (EU) No 1178/2011 — Annexes — Annex IIa to Opinion No 01/2019: Amendments to Regulation (EU) No 2018/395 — Cover Regulation — Annex IIb to Opinion No 01/2019: Amendments to Regulation (EU) No 2018/395 — Annexes — Annex IIIa to Opinion No 01/2019: Amendments to Regulation (EU) No 2018/1976 — Cover Regulation — Annex IIIb to Opinion No 01/2019: Amendments to Regulation (EU) No 2018/1976 — Annexes For the purpose of this document, references to ‘this Opinion’ or ‘this rulemaking activity’ shall be understood as referring to the scope of Opinion No 01/2019 (A). The related rulemaking activity is included in the EASA 5-year Rulemaking Programme4 under rulemaking task RMT.0677. The scope and timescales of the task were defined in the related Terms of Reference (ToR), Issue 2. The ToR were 1 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1) (https://eur- lex.europa.eu/legal-content/EN/TXT/?qid=1536149403076&uri=CELEX:32018R1139) 2 EASA is bound to follow a structured rulemaking process as required by Article 115(1) of Regulation (EU) 2018/1139. Such a process has been adopted by the EASA Management Board (MB) and is referred to as the ‘Rulemaking Procedure’. See MB Decision No 18-2015 of 15 December 2015 replacing Decision 01/2012 concerning the procedure to be applied by EASA for the issuing of opinions, certification specifications and guidance material (http://www.easa.europa.eu/the-agency/management-board/decisions/easa-mb-decision-18-2015-rulemaking-procedure). 3 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 (OJ L 311, 25.11.2011, p. 1) (https://eur- lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R1178&qid=1547642686121&from=EN). 4 http://easa.europa.eu/rulemaking/annual-programme-and-planning.php TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 3 of 18 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (A) 1. About this Opinion published together with the Concept Paper ‘Easier access for General Aviation (GA) pilots to instrument flight rules (IFR) flying’ on the EASA website on 18 December 20155. The draft text of this Opinion has been developed with the support of the ‘GA IFR flying Task Force’ (TF). The TF comprised experts from national aviation authorities (NAAs) (the French DGAC, the UK CAA, the Swedish CAA, the Austrian CAA (Austro Control)) and the GA community (Europe Air Sports (EAS), European Regional Aerodromes Community (ERAC) and International Aircraft Owners and Pilots Association (Europe) (IAOPA Europe)). All interested parties were consulted6 through NPA 2016-14 ‘Easier access for general aviation pilots to instrument flight rules flying’7. 435 comments were received from 59 interested parties, including industry, NAAs and the GA community. EASA has addressed and responded to the comments received on the NPA. EASA reviewed the comments received during the public consultation with the support of the TF. The comments received and the EASA’s responses to them are presented in Comment-Response Document (CRD) 2016-148, which is summarised in Section 2.4 below. The final text of this Opinion and the draft regulations have been developed by EASA. The draft rule text proposed by EASA is published on the EASA website9. The major milestones of this rulemaking activity are presented on the title page. 1.2. The next steps This Opinion contains the proposed amendments to Commission Regulation (EU) No 1178/2011 (the Aircrew Regulation), and in particular the amendments to its Annex I (Part-FCL), to Commission Regulation (EU) 2018/39510, and to Commission Implementing Regulation (EU) 2018/1976. It is submitted to the European Commission to be used as a technical basis in order to prepare EU regulations. The decision containing the related acceptable means of compliance (AMC) and guidance material (GM) will be published by EASA when the related regulations are adopted by the European Commission. 5 http://www.easa.europa.eu/system/files/dfu/ToR%20(%2B%20Concept%20Paper)%20RMT.0677%20Issue%202.pdf 6 In accordance with Article 115 of Regulation (EU) 2018/1139, and Articles 6(3) and 7 of the Rulemaking Procedure. 7 https://www.easa.europa.eu/document-library/notices-of-proposed-amendment/npa-2016-14 8 http://easa.europa.eu/document-library/comment-response-documents 9 http://easa.europa.eu/document-library/opinions 10 Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10) (https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32018R0395&from=EN). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 4 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what 2. In summary — why and what 2.1. Why we need to change the rules — issue/rationale The goal of the EASA General Aviation Road Map11 is to work towards simpler, lighter and better rules for GA. During the 2014 EASA Safety Conference on GA, the topic of ‘easier access of GA pilots to IFR flying’ was identified by the GA community as an important initiative to improve the safety and utility of GA flying. This was in response to the safety concerns and the views of the GA community that the current regulatory regime for many aspects of IFR flying should be made more proportionate. Historically, the level of GA IFR flying activity in Europe has been low compared to that in the USA. While this disparity can to some extent be explained by factors unrelated to the regulatory regime, there is some evidence suggesting that amending the relevant European regulations may facilitate growth in this area. With better and easier access to IFR flying, GA pilots would be able to plan A-B flights with more confidence of safe completion. They would be less vulnerable to changing weather conditions and the associated risk of continuous VFR flights into IMC. As well as increasing the safety and resilience of GA flying, better and easier access to IFR flying will also reduce the complexity of longer flights, which often require extensive planning and contingency provisions to be executed under VFR. IFR flight planning for longer A-B flights is often more straightforward — thus encouraging pilots to conduct flights that they might otherwise have not attempted. This will bring safety and economic benefits. 2.2. What we want to achieve — objectives The overall objectives of the EASA system are defined in Article 1 of Regulation (EU) 2018/1139. This proposal will contribute to the achievement of the overall objectives by addressing the issues outlined in Chapter 2. The European General Aviation Safety Strategy12, adopted by the EASA Management Board in 2012, identifies the key rationales that render it necessary to adopt a new specific approach for GA. This new approach is seen by the GA community as an urgent necessity in order to ensure a sustainable development of the sector in Europe. The specific objective of this proposal is to establish a more proportionate training path for GA pilots to gain an instrument flying qualification by introducing the basic instrument rating (BIR). This proposal reflect on the principles of a proportionate and competency-based approach throughout the different regulatory domains, so as to address the needs of GA pilots as much as possible. 11 https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map 12 https://www.easa.europa.eu/system/files/dfu/European%20GA%20Safety%20Strategy.pdf TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 5 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what 2.3. How we want to achieve it — overview of the proposals 2.3.1. Principles of the proposal 2.3.1.1. Scope of the basic instrument rating (BIR) The target audience for the BIR are GA pilots that fly typical single- and multi-engine piston GA aeroplanes for non-commercial operations. The BIR aims to encourage GA pilots to conduct A-B flights under IFR. 2.3.1.2. BIR is not ICAO-compliant While the BIR may be issued before compliance with the ICAO Annex 1 is demonstrated, instrument flight time requirements are established in order to give maximum utility to GA pilots. These requirements will have similar privileges with the current Part-FCL IR, but more tailored to the needs of GA pilots and with certain limitations. The BIR is not necessarily compliant with the ICAO hours requirements (less time, for example, than for CB-IR), but still provides for good utility and safety for GA pilots to fly under IFR in Europe. The training would be as modular and competency-based as possible. Rating may be obtained without full compliance with the ICAO IR training requirements; however, this simply means the rating could not be used outside Europe. It does not have an impact on EASA Member States’ obligations towards ICAO. The modular IR and CB-IR are ICAO-compliant and internationally accepted ratings, whereas the BIR is not a fully ICAO-compliant rating, being valid only in EASA Member States. This is reflected in the present rule structure: the fully ICAO-compliant IR is regulated in Subpart G and in the related Appendices 6 and 7 to Part-FCL, while other (non-ICAO-compliant) IR privileges are to be found in Subpart I (other ratings). Additionally, the CB-IR will of course be maintained within Part-FCL. 2.3.1.3. Key principles for the BIR The key principles for the BIR are as follows: — Training that is entirely competency-based. There will be no minimum hours requirement set for the BIR. Instead, the required competencies that a GA pilot needs for an IFR flight are grouped into three modules of training. Candidates will progress to the next module or skill test when ready to do so. — Training that is flexible. The core module of instrument flying skills must always be completed first, and after having done so, the candidate may choose which further module to tackle next, within a timescale that suits them. This takes into account the fact that GA pilots may often not have the time or financial resources to commit to a more conventional full course of training towards the IR. — Focus on the practical needs of GA pilots. Holders of the BIR should feel confident to use it to the full extent of its privileges. While IFR flights have many safety advantages, central to its philosophy is to assess the risks of a particular flight in a more systematic way. To this end, the training will be focused on the real-world instrument flying needs of GA pilots, with particular emphasis on practical application of threat and error management. This will ensure that the full safety and utility benefits of IFR flight are reaped. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 6 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what — High standards of training and testing. Despite the focus on GA needs, practical training and testing standards will be similar to those of the current Part-FCL CB-IR and EIR, particularly with regard to interaction with other airspace users. It is very important that GA pilots that fly under IFR have the required competencies for this. 2.3.2. IR is redundant With the introduction of the BIR, a more comprehensive new approach towards GA IR flying is undertaken. The current EIR is therefore redundant and will be deleted. Existing EIR holders will be allowed to continue to exercise their privileges, and they will receive full credit for Modules 1 and 3 when stepping up to the BIR. 2.3.3. Training structure Having decided that modular training is important, EASA conducted a training needs analysis to establish the optimum content of the possible individual instrument flight instruction modules of training. This included identifying all competencies in existing instrument qualifications and determining how they could be logically ordered into a flexible and modular training system. As a result of this, four modules were identified, with the idea being that Module 1 is completed first, but the order in which Modules 2 and 3, and if applicable Module 4, are completed is up to the applicant. — Module 1: it provides the foundation of instrument flying competencies: the core flying training module of flight handling skills by sole reference to instruments. A course completion certificate will be issued after an acceptable standard has been reached and before the pilot is allowed to commence further training modules; — Module 2: it introduces 2D and 3D instrument approach procedures such as non-directional radio bacon (NDB), instrument landing system (ILS), performance-based navigation (PBN) (for example, global navigation satellite system (GNSS), etc.), standard instrument arrival (STAR), and standard instrument departure (SID); — Module 3: it includes en route flight under IFR; and — Module 4: with one engine inoperative, if a multi-engine BIR is sought, this module includes asymmetric instrument approach and go-around procedures. Each module contains the required individual competencies. It will be up to the training organisation or instructor to determine whether the competencies have been assimilated to the required standard before progressing to the next module or skill test. This will allow candidates with a good aptitude to progress faster, while ensuring that slower-learning candidates progress only until they are ready. 2.3.4. Privileges and limitations While the intention is to create a BIR that has similar practical value to the current Part-FCL CB-IR and EIR, it was decided that by having certain limitations, the practical training time and theoretical knowledge that candidates would need may be reduced, with very little loss of practical utility. For example, it is relatively rare in typical GA operations to have to fly an instrument approach (particularly a 3D one) to absolute minima. Flying to low minima is quite a perishable skill, and one that would not necessarily be adequately maintained by the amount of IFR flying GA pilots are likely to conduct. Also, the target audience is generally pilots that fly typical piston-engine GA aircraft. It is, therefore, proposed that: TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 7 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what — the privileges of a BIR holder are to conduct flights under IFR on single-pilot aeroplanes for which class ratings are held, excluding high-performance aeroplanes or aeroplane variants for which operational suitability data (OSD) has determined that an IR is required; — BIR privileges shall only be exercised in accordance with point FCL.205.A (privileges for the PPL aeroplanes), after completion of the relevant flying training modules of point FCL.835(c)(2); — BIR privileges may be exercised at night if the pilot holds a night rating in accordance with point FCL.810 (night rating); — BIR privileges on multi-engine aeroplanes shall also be valid on single-engine aeroplanes for which the pilot holds a valid single-engine class rating; — the exercise of BIR privileges shall be subject to the following conditions:  the decision height or minimum descent height (DH/MDH) used in aerodrome operating minima shall be at least 200 ft greater than what would otherwise be calculated according to ‘NCO.OP.110 Aerodrome operating minima — aeroplanes and helicopters’ and ‘NCO.OP.111 Aerodrome operating minima — NPA, APV, CAT I operations’; and  the visibility used in aerodrome operating minima shall not be less than 1 500 m;  the pilot-in-command shall not commence or continue a flight under IFR, unless: o at the aerodrome of departure, the visibility is at least 1 500 m and the cloud ceiling of at least 600 ft or the published circling minimum applicable to the aeroplane category, whichever is the greater; and o at the aerodrome and at any required alternate aerodrome the available current meteorological information indicates, for the period from 1 hour before until 1 hour after the estimated time of arrival, or from the actual time of departure to 1 hour after the estimated time of arrival, whichever is the shorter period, a visibility of at least 1 500 m and a cloud ceiling of at least 600 ft, or the published circling minimum applicable to the aeroplane category, or the DH/MDH incremented by 200 ft in accordance with the first black bullet point above, whichever is the greater. 2.3.5. Theoretical knowledge (TK) To ensure a greater level of proportionality than is the case for the current CB-IR theoretical knowledge (TK) requirements, it is proposed that each flying training module be supported by a theoretical examination incorporating the relevant learning objectives, resulting in a total of three focused theoretical examinations. The TK examination shall consist of one examination paper associated to each flying training module. Learning objectives will not duplicate topics already examined at PPL level, but will focus only on objectives that are appropriate for the safe operation of GA aircraft in IMC or under IFR. The scope and depth of knowledge should be broadly similar to that required for the US Federal Aviation Administration (FAA) IR. EASA wishes to make the theoretical examination process as straightforward as possible. The questions will have to be taken from the relevant areas of the European Central Question Bank (ECQB), otherwise the BIR would require entirely new questions, something that EASA and the EASA Member States do not have the resources for. It is intended that EASA Member States shall adopt a secure process that would allow the exams to be conducted at training organisations that are equipped with the appropriate technology to meet the ECQB requirements. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 8 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what 2.3.6. Skill test After the completion of the training, the applicant shall pass a skill test in an aeroplane in accordance with Appendix 7 to Part-FCL. For a multi-engine BIR, the skill test shall be taken in a multi-engine aeroplane. For a single-engine BIR, the skill test shall be taken in a single-engine aeroplane. A multi- engine centreline thrust aeroplane shall be considered to be a single-engine aeroplane for the purposes of this paragraph. 2.3.7. Training organisation Applicants for the BIR shall have completed the training course at an approved training organisation (ATO). For the time being, the training scope of a declared training organisation (DTO) will not include the BIR. Please refer to EASA Opinion No 11/2016 ‘Training outside approved training organisations’13, Section 2.3.5., for further information and explanations. As described there, EASA intends to carefully monitor the implementation of Part-DTO in order to evaluate, at a later stage, whether the training scope could be extended to include further ratings. 2.3.8. Validity, revalidation and renewal of the BIR A BIR shall be valid for 1 year. EASA considered it to be appropriate for the revalidation to introduce the concept of alternating between a proficiency check and an hour’s instruction from an instructor that is qualified to teach for the BIR. Renewal will always be done via a proficiency check. 2.3.9. Amendments to Regulation (EU) No 1178/2011 2.3.9.1. Cover regulation New Article 4c is inserted regarding ‘Transitional measures for the holder of an en route instrument rating (EIR)’: — The holder of an EIR can continue to exercise the privileges of the EIR after the date of entry into force of this Regulation. — The holder of an EIR that is obtained in accordance with point FCL.825 of Annex I (Part-FCL) prior to the date of application of this Regulation, and who wishes to obtain a BIR, shall complete a training course at an ATO. 2.3.9.2. Annex I (Part-FCL) In point FCL.010 ‘Definitions’, two new definitions related to the introduction of the BIR are added, namely ‘en route IFR flight’ and ‘limited panel instrument flight’. In point FCL.025 ‘Theoretical knowledge examinations for the issue of licences and ratings’, paragraph (c) regarding the validity period is amended. The validity period for the EIR is deleted and the validity period for the BIR is added. The validity period for the BIR is for an unlimited period. In point FCL.035 ‘Crediting of flight time and theoretical knowledge’, paragraph (b) is amended: the reference to the EIR is deleted and a new reference to the BIR is added. In point FCL.055 ‘Language proficiency’, the reference to the EIR is deleted. 13 https://www.easa.europa.eu/sites/default/files/dfu/Opinion%20No%2011-2016.pdf TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 9 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what In point FCL.600 ‘IR — General’, the reference to FCL.825 (En route instrument rating (EIR)) is deleted and the new reference to FCL.835 (Basic instrument rating (BIR)) is added). In point FCL.740.A ‘Revalidation of class and type ratings — aeroplanes’, the reference to the EIR is deleted and a new reference to the BIR is added. Furthermore, a new paragraph (5)(b) is added stating that the proficiency check for the revalidation of a single-pilot single-engine aeroplane class rating may be combined with the proficiency check for the revalidation of a BIR, in accordance with FCL.835(g)(8). Point FCL.825 ‘En route instrument rating (EIR)’ is deleted. New point FCL.835 ‘Basic instrument rating (BIR)’ is inserted. This is the main amendment and contains all the requirements regarding the BIR, such as: — privileges and conditions, — prerequisites, — training course, — theoretical knowledge, — skill test, and — validity, revalidation and renewal. In point FCL.905.FI ‘FI — Privileges and conditions’, a new reference to the BIR is added. In point FCL.940.FI ‘FI — Revalidation and renewal’, a new reference to the BIR is added: if the privileges to instruct for the BIR only are to be revalidated, 5 of these 50 hours shall be flight instruction for a BIR. In point FCL.905.TRI ‘TRI — Privileges and conditions’, the reference to the EIR is deleted. In point FCL.905.IRI ‘IRI — Privileges and conditions’, the reference to the EIR is deleted and a new reference to the BIR is added. In point FCL.905.STI ‘STI — Privileges and conditions’, a new reference to the BIR is added. In point FCL.1005.FE ‘FE — Privileges and conditions’, the reference to the EIR is deleted and a new reference to the BIR is added. In point FCL.1005.TRE ‘TRE — Privileges and conditions’, the reference to the EIR is deleted. In Point FCL.1005.CRE ‘CRE — Privileges’, the reference to the EIR is deleted and a new reference to the BIR is added. In point FCL.1005.IRE ‘IRE — Privileges’, the reference to the EIR is deleted and a new reference to the BIR is added. In Appendix 1 ‘Crediting of theoretical knowledge’, in paragraph 4 ‘IR’, the reference to the EIR is deleted and a new reference to the BIR is added. In Appendix 6 ‘Modular courses for the IR’, under Chapter Aa. ‘IR(A) — Competency-based modular flying training course’, two new paragraphs are added regarding the flying training for the BIR. In Appendix 7, the title as well the text in certain paragraphs are amended to include now the BIR too. In Appendix 9, the title is amended to include now as well the BIR. 2.3.9.3. Annex VI (Part-ARA) In Appendix 1, in the template of EASA Form 141, Issue 2, the reference to the EIR is deleted and a new reference to the BIR is added. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 10 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what 2.4. What are the stakeholders’ views — outcome of the consultation 2.4.1. General As described in Section 1.1., all interested parties were consulted through NPA 2016-14. During this consultation, 435 comments were received from 59 interested parties, including industry, NAAs and the GA community. With regard to major issues, the outcome of discussions and revisions (following the submission of comments) are described in the following paragraphs. 2.4.2. Comments and conclusions related to the BIR 2.4.2.1. Scope of the BIR Some commentators would like to see the BIR for other domains (like air traffic management (ATM)) or other categories (helicopters). EASA would like to highlight that it plans to take a holistic approach to ensure improvements regarding GA IFR flying across the different regulatory domains. However, as explained at the end of Section 2.1 of NPA 2016-14, due to time constraints and the need for prioritisation of actions, the current proposal addresses the aircrew domain only. Further tasks will be planned with regard to the other domains, e.g. ATM. Regarding the BIR for other categories, EASA would like to state that other categories will have very different types of IFR flying operations. Therefore, adding a BIR for other categories will require further rulemaking expert group meetings and additional formal consultations. 2.4.2.2. Definition of ‘en route’ A few commentators were of the opinion that the ‘en route’ definition, as written in NPA 2016-14, was not clear and suggested rewording it, which resulted in the following new definition: ‘“en route IFR flight” means the phase of an IFR flight that commences after the completion of an IFR departure procedure and finishes when commencing an IFR approach procedure.’ 2.4.2.3. The EIR is redundant In NPA 2016-14, EASA raised a question to stakeholders or their feedback on the proposal to delete the EIR in FCL.825, together with its associated AMC and GM and the references to other requirements. EASA received 17 comments on this subject and more or less half of the commentators were in favour, the other half against. Some commentators do not show a preference but highlight the necessity of grandfathering of EIR privileges into a BIR or for a transition measure for the holder of the EIR. Based on the comments received and after consultation with the TF, EASA has decided to delete the EIR. EASA also took into account that the number of EIRs issued after the implementation of Regulation (EU) No 245/201414 in March 2014 is very low for various reasons. Existing EIR holders will be allowed to continue to exercise their privileges, and they will receive full credit for Modules 1 and 3 when stepping up to the BIR. 2.4.2.4. Training course at a DTO Some commentators would like to allow DTOs to conduct BIR training. As stated in Section 2.3.6 above (with reference to the explanation in Opinion No 11/2016), for the time being, the training scope of a DTO will not include the BIR. 14 Commission Regulation (EU) No 245/2014 of 13 March 2014 amending Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew (OJ L 74, 14.3.2014, p. 33). TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 11 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what 2.4.2.5. Language proficiency The requirement in FCL.055(d) for holders of the IR regarding the demonstration of the ability to use the English language was considered by EASA to be a possible barrier to the update of instrument flying qualifications amongst GA pilots. As a result of this, it is proposed not to amend FCL.055(d) to include the BIR into the language proficiency requirement. A few commentators have concerns regarding EASA’s proposal to exclude pilots who hold a BIR from demonstrating a minimum English language proficiency. EASA will keep its opinion that a requirement for English language proficiency for the BIR increases the uptake of the BIR amongst pilots for whom English is not their mother tongue for flights conducted solely within an EASA Member State in which the language spoken is acceptable for radio communications. 2.5. What are the expected benefits and drawbacks of the proposals 2.5.1. Questionnaire In order to better understand some of the current barriers for GA pilots to gain IFR flying qualifications, a questionnaire has been addressed to the EASA Member States. The results were presented in NPA 2016-14 in Section 2.3 ‘Summary of the regulatory impact assessment (RIA)’. 2.5.2. Analysis According to the results of the questionnaire, the main reasons pilots do not complete IFR flying qualifications are that they are too expensive or too time-consuming to obtain. While there will always be a cost barrier associated with learning to fly under IFR, this emphasises the need to make it as proportionate and flexible as possible. 2.5.3. Policy options Table 1: Selected policy options Option Description 0 ‘Do nothing’: No change to the rules; risks remain as outlined in the issue analysis. 1 ‘Amend CB-IR’: Amend the competency-based instrument rating (CB- IR) to be more proportionate, for example, closer to the requirements for the FAA IR. This would probably not mean significant changes to the flight training requirements; the focus would be on reducing the amount of theoretical knowledge. 2 ‘Adapt sub-ICAO instrument qualification’: Adapt an existing ‘sub- ICAO’ instrument qualification to the EASA system. Take an existing ‘sub-ICAO’ instrument flying qualification that is currently or has been issued by another State (for example, the UK IR (Restricted)), and modify it for inclusion in the EASA system. 3 ‘Introduce a new BIR’: Develop a new instrument qualification, i.e. ‘basic instrument rating (BIR)’, more tailored to the needs of GA pilots and the European flying environment. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 12 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what This would involve the creation of a new qualification that is not necessarily compliant with the ICAO hours requirements (less time, for example, than for CB-IR), but still provides for good utility and safety for GA pilots to fly under IFR in Europe. The training would be as modular and competency-based as possible. 4 ‘Aeroplane cloud flying rating’: As part of the TF discussions, a fourth supplementary option was considered that would facilitate some of the safety improvement aims in the area of flight in IMC. This would be a more basic qualification to allow cloud penetration, similar to the cloud flying rating for sailplanes. It was decided during the TF discussions that the focus of this NPA should be on encouraging planned IFR flights — so, while it was unanimously agreed that the idea has merit, it was decided to refer the proposal to RMT.0678 ‘Simpler, lighter and better Part-FCL requirements for general aviation’15 for further consideration. It is, therefore, not included in the options part of the RIA, but is further discussed in Section 2.5. ‘Aeroplane cloud flying rating’. 2.5.4. Safety impact Option 0 No impact; safety level is maintained. ‘Do nothing’ The amended Aircrew Regulation (amended by Commission Regulation (EU) No 245/2014) already enables more flexible training for the EASA instrument rating via the competency-based route. Option 1 Some positive impact on safety. ‘Amended CB-IR’ For example, due to more proportionate theoretical knowledge requirements, more GA pilots than before might take up the CB-IR. However, the requirements are more onerous than those of Option 3, so uptake is likely to be low. Option 2 Some positive impact on safety; however, the outcome may not be ‘Sub-ICAO IR’ optimised for use in all EASA Member States. Option 3 Some positive impact on safety. By enabling more GA pilots to ‘New BIR’ undertake instrument flight training, they will improve their skills and allow them to plan A-B flights with more confidence of safe completion. This will make them as well less vulnerable to risks associated with flight in poor weather conditions, such as continuous VFR flight into IMC. 15 https://www.easa.europa.eu/document-library/terms-of-reference-and-group-compositions/tor-rmt0678 TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 13 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what 2.5.5. Social impact Option 0 Status quo maintained. Potential market for GA IFR flying qualifications ‘Do nothing’ is not optimised, and compared to the United States, less GA pilots within the EASA Member States would hold instrument qualifications. Option 1 Some positive social impact, similar to that described for Option 3; ‘Amended CB-IR’ however, maybe to a lesser extent. Option 2 Some positive social impact. However, the outcome would not be ‘Sub-ICAO IR’ optimised across EASA Member States. Lesser positive impact than that of Option 3. Option 3 The introduction of more proportionate requirements, like the BIR, will ‘New BIR’ encourage even more GA pilots to gain IFR flying qualifications and will provide for more flexibility for GA flying. GA flying is generally a recreational activity that individuals conduct for enjoyment. Flight clubs and schools are places of social interaction, and flight training is an activity that involves learning new skills and gaining proficiency in a complex activity. It could, therefore, be considered to be of positive social impact. It also encourages travel and the free movement of people. 2.5.6. Economic impact Option 0 Due to the current situation, the relatively low number of GA pilots in ‘Do nothing’ Europe that hold a qualification permitting them to fly under IFR will remain unchanged, and there will be no positive economic impact. Option 1 Some positive economic impact, similar to that described for Option 3; ‘Amended CB-IR’ however, maybe to a lesser extent. Option 2 ‘Sub- Some positive economic impact. However, the outcome would not be ICAO IR’ optimised across the EASA Member States. Lesser positive impact than that of Option 3. Option 3 The introduction of more proportionate requirements, like the BIR, will ‘New BIR’ have a positive economic impact. Improved access to GA IFR flying will benefit GA pilots and organisations that are involved in their training, such as flight schools, clubs, and instructors. Organisations that support the maintenance and operation of GA aircraft certified for IFR flight would also benefit, as would organisations that are involved in the manufacture of IFR-certified aircraft and the production of components and equipment for IFR flight. TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 14 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what 2.5.7. General aviation and proportionality issues Option 0 Will not bring about the changes requested by the GA Road Map, the ‘Do nothing’ Commission and the EASA Member States. Option 1 Will largely bring about the changes requested by the GA Road Map, ‘Amended CB-IR’ the Commission and the EASA Member States. Option 2 ‘Sub- Might achieve some of the stated aims of the GA Road Map; however, ICAO IR’ the result will not be optimised across the EASA Member States. Option 3 Will bring about the changes requested by the GA Road Map, the ‘New BIR’ Commission and the EASA Member States, and as further explained in Section 2.1 of the Explanatory Note. 2.5.8. Impact on ‘better regulation’ and harmonisation Option 0 Harmonisation is ensured. ‘Better regulation’ principles are not upheld ‘Do nothing’ as the current requirements are considered to be too burdensome for the GA pilot community. Option 1 Does not have an impact on EASA Member States’ obligations towards ‘Amended CB-IR’ ICAO. CB-IR would remain ICAO-compliant. Also, it does not add to the complexity of Part-FCL. Option 2 Harmonisation would not be optimal, because the practical value of ‘Sub-ICAO IR’ this option would vary between the different EASA Member States. Option 3 Rating may be obtained without full compliance with the ICAO IR ‘New BIR’ training requirements; however, this simply means the rating could not be used outside Europe. It does not have an impact on EASA Member States’ obligations towards ICAO. While rating achieves proportionality for GA, it does introduce more complexity to the flight crew licensing requirements, because it is a new rating in addition to the existing ones in Part-FCL. Some feedback from stakeholders suggests that the level of instrument flying qualifications available is confusing — however, this could be mitigated by careful consideration of the integration of the new BIR into the existing FCL provisions. 2.5.9. Comparison and conclusion Option 0 will have no impact on safety, but the relatively low number of GA pilots in Europe that hold a qualification permitting them to fly under IFR will remain unchanged. Options 1 and 2 will have a slightly positive safety, social and economic impact. More proportionate requirements, by amending the existing CB-IR or adapting the existing ‘sub-ICAO’ instrument TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 15 of 18 An agency of the European Union  European Aviation Safety Agency Opinion No 01/2019 (A) 2. In summary — why and what qualifications, will encourage more GA pilots to gain IFR flying qualifications. However, EASA believes that Option 1 may not achieve a proportionality benefit as great as that of Option 3, and Option 2 may suffer from the benefits not being optimised across all EASA Member States. Option 3 will have the greatest positive safety, economic and social impact. By introducing the BIR, the number of GA pilots that undertake instrument flight training will likely increase the most, therefore all the benefits associated with increasing GA instrument flying in general would be maximised with this Option. 2.6. How we monitor and evaluate the rules The introduction of the BIR will be monitored and evaluated through the continued exchange of information between EASA and the Member States during EASA Advisory Body meetings as well as its regular standardisation inspections. It is recommended that the following monitoring indicators be used to review the implementation of the new provisions: Table: Proposed indicative indicators to monitor the implementation of the rules Monitoring indicator Source of data Indicative frequency Number of BIR Standardisation data Annually Assessment of the cases EASA Safety Review Annually where the BIR training was a contributing factor in a safety incident/accident Based on the monitoring results, EASA may undertake an evaluation of the impact of the adopted rules. This evaluation shall assess the achieved impact of the changes versus the expected consequences, and shall conclude on the overall relevance, effectiveness and efficiency of the rules. Cologne, 18 February 2019 Patrick KY Executive Director TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 16 of 18 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (A) 3. References 3. References 3.1. Affected 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 (OJ L 311, 25.11.2011, p. 1) 3.2. Related decisions — Decision No 2011/016/R of the Executive Director of the European Aviation Safety Agency of 15 December 2011 on Acceptable Means of Compliance and Guidance Material to 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 (‘Acceptable Means of Compliance and Guidance Material to Part-FCL’) 3.3. Other reference documents — Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1) — General Aviation Road Map (http://easa.europa.eu/easa-and-you/general-aviation) TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 17 of 18 An agency of the European Union  European Union Aviation Safety Agency Opinion No 01/2019 (A) 4. Appendix 4. Appendix Appendix to Opinion No 01/2019 (A): CRD to NPA 2016-14 ‘Easier access for general aviation pilots to instrument flight rules flying’ (RMT.0677) TE.RPRO.00036-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 18 of 18 An agency of the European Union Annex IIb to EASA Opinion No 01/2019 Draft Annex I, II and III to draft Commission Implementing Regulation (EU) …/… [reference to amending regulation] amending Commission Regulation (EU) 2018/395 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council ANNEX I Annex I ‘Definitions’ (Part-DEF) to Commission Regulation (EU) 2018/395 is amended as follows: (1) The introductory sentence is replaced by the following: ‘For the purpose of this Regulation, the following definitions and, unless terms are defined otherwise in this Annex, the definitions of Article 2 of Commission Regulation (EU) No 1178/2011 as well as of point FCL.010 of Annex I (Part-FCL) to that Regulation, shall apply:’ (2) points 1 and 2 are replaced by the following: ‘1. “acceptable means of compliance (AMC)” means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts; 2. “alternative means of compliance (AltMoC)” means those means that propose an alternative to an existing AMC or those that propose new means to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts for which no associated AMC have been adopted by the Agency;’; (3) the following point 11a is inserted: ‘11a. “flight time” means the total time from the moment the basket leaves the ground for the purpose of taking off until the moment it finally comes to a rest at the end of the flight;’; (4) the following points 17a and 17b are inserted: ‘17a. “class” (of balloons) means a categorisation of balloons taking into account the lifting means used to sustain flight; 17b. “proficiency check” means the demonstration of skill for the purpose of complying with the recency requirements as established in this Regulation, and including oral examinations as may be required;’; (5) point 22 is replaced by the following: ‘22. “group” (of balloons) means a categorisation of balloons, taking into account the size or capacity of the envelope;’; Page 1 of 30  Annex IIb to EASA Opinion No 01/2019 (6) the following points 23 to 26 are added: ‘23. “skill test” means the demonstration of skill for the purpose of issuing a licence or rating, or extension of a privilege, including oral examinations as may be required; 24. “assessment of competence” means the demonstration of skill, knowledge and attitude for the initial issue, revalidation or renewal of an instructor or examiner certificate; 25. “solo flight” means a flight during which a student pilot is the sole occupant of the balloon; 26. “tethered flight” means a flight with a tether system that anchors the balloon to a fixed location during operation, with the exception of a tether which may be used as part of the take-off procedure.’ Page 2 of 30  Annex IIb to EASA Opinion No 01/2019 ANNEX II Annex II ‘Balloon Air Operations’ (Part-BOP) to Commission Regulation (EU) 2018/395 is amended as follows: (1) in point BOP.BAS.010, paragraph (a) is replaced by the following: ‘(a) An operator shall, when so requested by the competent authority which verifies continued compliance by the operator in accordance with point ARO.GEN.300(a)(2) of Annex II (Part-ARO) to Regulation (EU) No 965/2012, demonstrate compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (2) point BOP.BAS.020 is replaced by the following: ‘BOP.BAS.020 Immediate reaction to a safety problem The operator shall implement: (a) safety measures mandated by the competent authority in accordance with paragraph (c) of point ARO.GEN.135 of Annex II (Part-ARO) to Regulation (EU) No 965/2012; and (b) airworthiness directives and other mandatory information issued by the Agency in accordance with paragraph (h) of Article 77(1) of Regulation (EU) 2018/1139.’; (3) point BOP.BAS.025 is replaced by the following: ‘BOP.BAS.025 Designation as pilot-in-command The operator shall designate a pilot-in-command who is qualified to act as pilot-in- command in accordance with Annex III (Part-BFCL) to this Regulation.’; (4) in point BOP.BAS.300, paragraph (c) is replaced by the following: ‘(c) Instruments and equipment not required by this Section, as well as any other equipment that is not required by this Annex but is carried on board a balloon during a flight, shall comply with the following two conditions: (1) the information provided by those instruments or equipment shall not be used by the flight crew to comply with the essential requirements for airworthiness set out in Annex II to Regulation (EU) 2018/1139; (2) the instruments and equipment shall not affect the airworthiness of the balloon, even in the case of failures or malfunction.’; (5) in point BOP.ADD.005, paragraph (a) is replaced by the following: ‘(a) The operator shall be responsible for the operation of the balloon in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139, with the requirements of this Subpart and with its declaration.’; Page 3 of 30  Annex IIb to EASA Opinion No 01/2019 (6) in point BOP.ADD.015, paragraph (a) is replaced by the following: ‘(a) For the purpose of determining compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation, the operator shall grant access to any person authorised by the competent authority at any time to any facility, balloon, document, records, data, procedures or any other material relevant to the operator’s activity that falls within the scope of this Regulation, irrespective of whether or not the activity is contracted.’; (7) point BOP.ADD.035 is replaced by the following: ‘BOP.ADD.035 Contracted activities When contracting any part of its activity that falls within the scope of this Regulation, the operator shall be responsible for ensuring that the contracted organisation carries out the activity in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation. The operator shall also ensure that the competent authority is given access to the contracted organisation in order to determine that the operator complies with those requirements.’; (8) in point BOP.ADD.040, paragraph (a) is replaced by the following: ‘(a) The operator shall appoint an accountable manager who has the authority to ensure that all activities that fall within the scope of this Regulation can be financed and carried out in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation. The accountable manager shall be responsible for establishing and maintaining an effective management system.’; (9) point BOP.ADD.045 is replaced by the following: ‘BOP.ADD.045 Facility requirements The operator shall have facilities that are sufficient to allow the performance and management of all tasks and activities required to ensure compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (10) in point BOP.ADD.100, paragraph (a) is replaced by the following: ‘(a) In the declaration referred to in the second subparagraph of Article 3(2), the operator shall confirm that it complies and will continue to comply with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (11) in point BOP.ADD.105, paragraph (a) is replaced by the following: ‘(a) The operator shall notify the competent authority without delay of any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the Page 4 of 30  Annex IIb to EASA Opinion No 01/2019 requirements of this Regulation, as declared to the competent authority, and of any changes in respect of the information referred to in point BOP.ADD.100(b) and the list of AltMoCs referred to in point BOP.ADD.100(c), as included in or annexed to the declaration.’; (12) in point BOP.ADD.115, paragraph (c) is replaced by the following: ‘(c) Where a balloon registered in a third country is subject to a dry lease agreement, the operator of such balloon shall ensure compliance with the essential requirements relating to continuing airworthiness set out in Annexes II and V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (13) in point BOP.ADD.300, paragraph (c) is replaced by the following: ‘(c) All flight crew members shall hold a licence and ratings issued or accepted in accordance with Annex III to this Regulation and shall be appropriate to the duties assigned to them.’; (14) in point BOP.ADD.300, paragraph (e) is replaced by the following: ‘(e) When engaging the services of flight crew members who work on a freelance or part-time basis, the operator shall verify that all of the following requirements are complied with: (1) the requirements of this Subpart; (2) Annex III to this Regulation, including the requirements on recent experience; (3) the flight and duty time limitations and rest requirements in accordance with the national law of the Member State where the operator has its principal place of business, taking into account all services rendered by the flight crew member to other operators.’; (15) in point BOP.ADD.305, paragraph (b) is replaced by the following: ‘(b) The operator shall only designate a pilot to act as pilot-in-command if he or she: (1) is qualified to act as pilot-in-command in accordance with Annex III to this Regulation; (2) has the minimum level of experience specified in the operations manual; and (3) has adequate knowledge of the area to be flown.’; (16) point BOP.ADD.310 is replaced by the following: ‘BOP.ADD.310 Provision of training and checking All training and checking of flight crew members required pursuant to point BOP.ADD.315 shall be provided as follows: Page 5 of 30  Annex IIb to EASA Opinion No 01/2019 (a) in accordance with the training programmes and syllabi established by the operator in the operations manual; (b) by appropriately qualified persons and, as regards flight training and checking, by persons qualified in accordance with Annex III to this Regulation.’; (17) the Appendix is replaced by the following: ‘Appendix DECLARATION in accordance with Commission Regulation (EU) 2018/395 Operator Name: Place where the operator has its principal place of business: Name and contact details of the accountable manager: Balloon operation Starting date of commercial operation and, where relevant, date of change to existing commercial operation. Information on balloon(s) used, commercial operation(s) and continuing airworthiness management: (1) Balloon type Balloon Main base Type(s) of Continuing registration operation (2) airworthiness management organisation (3) Where applicable, list of the AltMoCs with references to the associated AMC (annex to this declaration): Statements ⎕ The operator complies, and will continue to comply, with the essential requirements set out in Page 6 of 30  Annex IIb to EASA Opinion No 01/2019 Annex V to Regulation (EU) 2018/1139 and with the requirements of Regulation (EU) 2018/395. In particular, the operator conducts its commercial operations in accordance with the following requirements of Subpart ADD of Annex II to Regulation (EU) 2018/395: ⎕ The management system documentation, including the operations manual, comply with the requirements of Subpart ADD and all flights will be carried out in accordance with the provisions of the operations manual as required by point BOP.ADD.005(b) of Subpart ADD. ⎕ All balloons operated either have a certificate of airworthiness issued in accordance with Regulation (EU) No 748/2012 or meet the specific airworthiness requirements applicable to balloons that are registered in a third country and are subject to a wet lease agreement or a dry lease agreement, as required by points BOP.ADD.110 and BOP.ADD.115(b) and (c) of Subpart ADD. ⎕ All flight crew members hold a licence and ratings issued or accepted in accordance with Annex III to Regulation (EU) 2018/395, as required by point BOP.ADD.300(c) of Subpart ADD. ⎕ The operator will notify the competent authority of any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Regulation (EU) 2018/395 as declared to the competent authority through this declaration and any changes to the information and lists of AltMoCs included in and annexed to this declaration, as required by point BOP.ADD.105(a) of Subpart ADD. ⎕ The operator confirms that all information included in this declaration, including its annexes, is complete and correct. Date, name and signature of the accountable manager (1) Complete the table. If there is not enough space to list the information, it shall be listed in a separate annex. The annex shall be dated and signed. (2) ‘Type(s) of operation’ refers to the type(s) of commercial operation conducted with the balloon. 3 () Information about the organisation responsible for the continuing airworthiness management shall include the name of the organisation, the address and the approval reference. ’ Page 7 of 30  Annex IIb to EASA Opinion No 01/2019 ANNEX III ‘ANNEX III REQUIREMENTS FOR BALLOON FLIGHT CREW LICENSING [PART-BFCL] SUBPART GEN GENERAL REQUIREMENTS BFCL.001 Scope This Annex establishes the requirements for the issue of a balloon pilot licence (BPL) and associated privileges, ratings and certificates, and the conditions for their validity and use. BFCL.005 Competent authority For the purpose of this Annex, the competent authority shall be an authority designated by the Member State to which a person applies for the issue of a BPL or associated privileges, ratings or certificates. BFCL.010 Classes and groups of balloons For the purpose of this Annex, balloons shall be categorised in the following classes and groups: (a) ‘hot-air balloon’ class: (1) group A: envelope capacity up to 3 400 m3 (120 069 ft3); (2) group B: envelope capacity between 3 401 m3 (120 070 ft3) and 6 000 m3 (211 888 ft3); (3) group C: envelope capacity between 6 001 m3 (211 889 ft3) and 10 500 m3 (370 804 ft3); (4) group D: envelope capacity of more than 10 500 m3 (370 804 ft3); (b) ‘gas balloon’ class; (c) ‘mixed balloon’ class; Page 8 of 30  Annex IIb to EASA Opinion No 01/2019 (d) ‘hot-air airship’ class. BFCL.015 Application for and issue, revalidation and renewal of a BPL as well as associated privileges, ratings and certificates (a) An application for the following shall be submitted to the competent authority in a form and manner established by that competent authority: (1) the issue of a BPL and associated ratings; (2) the extension of the privileges of a BPL; (3) the issue of a flight instructor (FI(B)) certificate; (4) the issue, revalidation and renewal of a flight examiner (FE(B)) certificate; and (5) any amendments to the BPL and associated privileges, ratings certificates. (b) An application as specified in paragraph (a) shall be accompanied by evidence that the applicant complies with the relevant requirements established in this Annex and in Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. (c) Any limitation or extension of the privileges granted by a licence, rating or certificate shall be endorsed on the licence or certificate by the competent authority. (d) A person shall not hold at any time more than one BPL issued in accordance with this Annex. (e) A licence holder shall submit applications as specified in paragraph (a) to the competent authority designated by the Member State in which any of his or her licences was issued in accordance with this Annex (Part-BFCL), Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable. (f) Without prejudice to (e), a BPL holder may request a change of competent authority. Such a request shall include a transfer of all licensing and medical records related to all licences held, as specified in paragraph (e), to the competent authority designated by another Member State. (g) An applicant shall apply for the issue of a BPL and associated ratings, privileges or certificates not later than 6 months after having successfully completed the skill test or assessment of competence. BFCL.030 Practical skill test Except for the skill test for the commercial operation rating as specified in point BFCL.215, an applicant for a skill test shall be recommended for the test by the ATO or the DTO that is responsible for the training, once the training is completed. The training records shall be made available to the examiner. Page 9 of 30  Annex IIb to EASA Opinion No 01/2019 BFCL.035 Crediting of flight time An applicant for a BPL or an associated privilege, rating or certificate shall be credited in full with all solo, dual instruction or PIC flight time on balloons towards the total flight time required for the licence, privilege, rating or certificate. BFCL.045 Obligation to carry and present documents (a) When exercising the privileges of his or her licence, the BPL holder shall carry: (1) a valid BPL; (2) a valid medical certificate; (3) a personal identification document containing his or her photo; and (4) sufficient logbook data to demonstrate compliance with the requirements of this Annex. (b) A student pilot shall carry on all solo flights: (1) the documents as specified in paragraphs (a)(2) and (a)(3); and (2) evidence of the authorisation required by point BFCL.125(a). (c) A BPL holder or a student pilot shall without undue delay present the documents as specified in paragraph (a) or (b) for inspection upon request by an authorised representative of the competent authority. BFCL.050 Recording of flight time A balloon pilot shall keep a reliable record of the details of all flights flown in a form and manner established by the competent authority. BFCL.065 Curtailment of privileges of BPL holders aged 70 years or older in commercial passenger ballooning A BPL holder who has attained the age of 70 years shall not act as pilot of a balloon that is engaged in commercial passenger ballooning. BFCL.070 Limitation, suspension or revocation of licences, privileges, ratings and certificates (a) A BPL as well as associated privileges, ratings and certificates issued in accordance with this Annex may be limited, suspended or revoked by the competent authority in accordance with the conditions and procedures laid down in Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011 when a balloon pilot does not comply with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139 or with the Page 10 of 30  Annex IIb to EASA Opinion No 01/2019 requirements of this Annex as well as of Annex II (Part-BOP) to this Regulation or of Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. (b) When a balloon pilot has his or her licence, privilege, rating or certificate limited, suspended or revoked, he or she shall immediately return the licence or certificate to the competent authority. Page 11 of 30  Annex IIb to EASA Opinion No 01/2019 SUBPART BPL BALLOON PILOT LICENCE (BPL) BFCL.115 BPL — Privileges and conditions (a) The privileges of a BPL holder are to act as PIC in balloons: (1) without remuneration in non-commercial operations; and (2) in commercial operations when he or she holds a commercial operation rating in accordance with point BFCL.215 of Subpart ADD of this Annex. (b) By way of derogation from paragraph (a)(1), a BPL holder who has instructor or examiner privileges may receive remuneration for: (1) the provision of flight instruction for the BPL; (2) the conduct of skill tests and proficiency checks for the BPL; and (3) the training, testing and checking for the privileges, ratings and certificates attached to a BPL. (c) The exercise of the privileges granted by a BPL shall be dependent upon the compliance of the licence holder with the applicable recency requirements and upon the validity of the medical certificate appropriate to the privileges exercised. BFCL.120 BPL — Minimum age An applicant for a BPL shall be at least 16 years of age. BFCL.125 BPL — Student pilot (a) A student pilot shall not fly solo unless authorised to do so and supervised by a flight instructor for balloons (FI(B)). (b) Before his or her first solo flight, the student pilot shall be at least 14 years of age. BFCL.130 BPL — Training course and experience requirements An applicant for a BPL shall complete a training course at an ATO or a DTO. The course shall be tailored to the privileges sought and shall include: (a) theoretical knowledge as specified in point BFCL.135(a); and (b) at least 16 hours of flight instruction in either hot-air balloons that represent group A of that class, or gas balloons, including at least: (1) 12 hours of dual flight instruction; (2) 10 inflations and 20 take-offs and landings; and Page 12 of 30  Annex IIb to EASA Opinion No 01/2019 (3) 1 supervised solo flight with a flight time of at least 30 minutes. BFCL.135 BPL — Theoretical knowledge examination (a) Theoretical knowledge An applicant for a BPL shall demonstrate a level of theoretical knowledge that is appropriate to the privileges sought through examinations on the following: (1) common subjects: (i) air law; (ii) human performance; (iii) meteorology; (iv) communications; and (2) specific subjects concerning balloons: (i) principles of flight; (ii) operational procedures; (iii) flight performance and planning; (iv) aircraft general knowledge related to balloons; and (v) navigation. (b) Responsibilities of the applicant (1) The applicant shall take the entire set of theoretical knowledge examinations for the BPL under the responsibility of the same Member State’s competent authority. (2) The applicant shall take the theoretical knowledge examination only when recommended by the ATO or the DTO that is responsible for his or her training, once he or she has completed the appropriate elements of the training course of theoretical knowledge instruction to a satisfactory standard. (3) The recommendation by the ATO or the DTO shall be valid for 12 months. If the applicant has failed to take at least one theoretical knowledge examination paper within this validity period, the need for further training shall be determined by the ATO or the DTO, based on the needs of the applicant. (c) Pass standards (1) A pass in a theoretical knowledge examination paper shall be awarded to the applicant when achieving at least 75 % of the marks allocated to that paper. No penalty marking shall be applied. (2) Unless otherwise specified in this Annex, an applicant is considered to have successfully completed the required theoretical knowledge examination for the BPL when he or she has passed all the required theoretical knowledge examination Page 13 of 30  Annex IIb to EASA Opinion No 01/2019 papers within a period of 18 months counted from the end of the calendar month when the applicant first attempted to take the examination. (3) If an applicant has failed to pass one of the theoretical knowledge examination papers within four attempts or has failed to pass all papers within the period mentioned in paragraph (2) above, he or she shall retake the complete set of theoretical knowledge examination papers. (4) Before retaking the theoretical knowledge examinations, the applicant shall undertake further training at an ATO or a DTO. The extent and scope of the training needed shall be determined by the ATO or the DTO, based on the needs of the applicant. (d) Validity period The successful completion of the theoretical knowledge examination shall be valid for a period of 24 months, counted from the day when the applicant successfully completed the theoretical knowledge examination, in accordance with subparagraph (c)(2). BFCL.140 BPL — Crediting of theoretical knowledge An applicant for the issue of a BPL shall be credited towards the theoretical knowledge requirements for the common subjects as specified in point BFCL.135(a)(1) when he or she: (a) holds a licence in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976; or (b) has passed the theoretical knowledge examinations for a licence as specified in paragraph (a), as long as this is done within the validity period specified in point BFCL.135(d). BFCL.145 BPL — Practical skill test (a) An applicant for a BPL shall demonstrate through the completion of a skill test the ability to perform, as PIC on a balloon, the relevant procedures and manoeuvres with competency appropriate to the privileges sought. (b) An applicant shall complete the skill test in the same class of balloons in which the training course has been completed in accordance with point BFCL.130 and, in case of hot-air balloons, in a balloon that represents group A of that class. (c) Before a skill test for the issue of a BPL is taken, the applicant shall have passed the required theoretical knowledge examination. (d) Pass standards (1) The skill test shall be divided into different sections, representing all the different phases of a balloon flight. Page 14 of 30  Annex IIb to EASA Opinion No 01/2019 (2) Failure in any item of a section shall cause the applicant to fail the entire section. If the applicant fails in only one section, he or she shall repeat only that section. Failure in more than one section shall require the applicant to retake the entire test. (3) When the test needs to be retaken in accordance with subparagraph (d)(2), failure in any section, including those sections that have been passed at a previous attempt, shall require the applicant to retake the entire test. (e) Failure to achieve a pass in all sections of the test within two attempts shall require the applicant to receive further practical training. BFCL.150 BPL — Extension of privileges to another balloon class or group (a) The privileges of the BPL shall be limited to the class of balloon in which the skill test as specified in point BFCL.145 was taken, and, in the case of hot-air balloons, to group A of that class. (b) In the case of hot-air balloons, the privileges of the BPL shall be extended to another group within the hot-air balloon class upon application when a pilot has completed at least: (1) 2 instruction flights with an FI(B) on a balloon of the relevant group; and (2) the following amount of hours of flight time as PIC on balloons: (i) at least 100 hours, if privileges for group B balloons are sought; (ii) at least 200 hours, if privileges for group C balloons are sought; and (iii) at least 300 hours, if privileges for group D balloons are sought. (c) Except for the mixed balloon class, the privileges of the BPL shall be extended to another balloon class, or, if privileges for the hot-air balloon class are sought, to group A of the hot-air balloon class, upon application when a pilot has completed in the relevant balloon class and group, as applicable: (1) a training course at an ATO or a DTO, including at least: (i) 5 dual instructional flights; or (ii) in the case of an extension from hot-air balloons to hot-air airships, 5 hours of dual instruction time; and (2) a skill test during which the pilot has demonstrated to the FE(B) also an adequate level of theoretical knowledge for the other class in the following subjects: (i) principles of flight; (ii) operational procedures; (iii) flight performance and planning; and (iv) aircraft general knowledge with regard to the balloon class for which the extension of privileges is sought. Page 15 of 30  Annex IIb to EASA Opinion No 01/2019 (d) The completion of the training as specified in paragraphs (b)(1) and (c)(1) shall be entered in the logbook of the pilot and signed by: (1) in the case of paragraph (b)(1), the instructor who is responsible for the instruction flights; and (2) in the case of paragraph (c)(1), the head of training of the ATO or of the DTO that is responsible for the training. (e) A BPL holder shall exercise his or her privileges in the mixed balloon class only if he or she has privileges for both the hot-air balloon class and the gas balloon class. BFCL.160 BPL — Recency requirements (a) A BPL holder shall only exercise the privileges of his or her licence when he or she has completed in the relevant balloon class: (1) either: (i) within the last 24 months, at least 6 hours of flight time as PIC, including 10 take-offs and landings, as PIC or flying dual or solo under the supervision of an FI(B); and (ii) within the last 48 months, at least 1 training flight with an FI(B); or (2) within the last 24 months, a proficiency check in accordance with point (c). (b) In addition, in the case of a pilot who is qualified to fly more than one class of balloons, in order to exercise his or her privileges in the other balloon class or the other balloon classes, he or she shall have completed at least 3 hours of flight time, as PIC or flying dual or solo under the supervision of an FI(B), on each additional balloon class within the last 24 months. (c) A BPL holder who does not comply with the requirements in paragraph (a)(1) and, if applicable, (b), before resuming the exercise of his or her privileges, shall, in a balloon that represents the relevant class, pass a proficiency check with an FE(B). (d) After complying with paragraph (a), (b) or (c), as applicable, a BPL holder with privileges to fly hot-air balloons shall exercise his or her privileges only on hot-air balloons that represent: (i) the same group of hot-air balloons in which the training flight as specified in paragraph (a)(2) or the proficiency check as specified in paragraph (c), as applicable, have been completed, or a group with a smaller envelope size; or (ii) group A of hot-air balloons in cases where a pilot, in accordance with paragraph (b), has completed the training flight as specified in paragraph (a)(2) in a balloon class other than hot-air balloons. (e) The completion of the dual flights and flights under supervision as specified in paragraphs (a)(1) and (b), the training flight as specified in paragraph (a)(2), and the Page 16 of 30  Annex IIb to EASA Opinion No 01/2019 proficiency check as specified in paragraph (c) shall be entered in the logbook of the pilot and signed by, in the case of paragraphs (a)(1) and (a)(2), the responsible FI(B) and, in the case of paragraph (c), the responsible FE(B). (f) A BPL holder, including the privileges for commercial operations as specified in point BFCL.215 of Subpart ADD of this Annex, shall be deemed to comply with the requirements in: (1) paragraph (a) and, if applicable, (b), in case he or she has completed a proficiency check in accordance with point BFCL.215(d)(2)(i) in the relevant balloon class or classes within the last 24 months; or (2) paragraph (a)(2), in case he or she has completed the training flight as specified in point BFCL.215(d)(2)(ii) in the relevant balloon class. In the case of the hot-air balloon class, limitations as specified in paragraph (d) shall apply, depending on the balloon class used for complying with paragraphs (f)(1) or (f)(2). Page 17 of 30  Annex IIb to EASA Opinion No 01/2019 SUBPART ADD ADDITIONAL RATINGS BFCL.200 Tethered hot-air balloon flight rating (a) A BPL holder shall only undertake tethered flights with hot-air balloons when he or she holds a tethered hot-air balloon flight rating in accordance with this point. (b) An applicant for a tethered hot-air balloon flight rating shall have: (1) privileges for the hot-air balloon class; and (2) completed at least 2 tethered hot-air balloon instruction flights. (c) The completion of the additional training shall be entered in the logbook and signed by the FI(B) who is responsible for the training. (d) A pilot who holds a tethered hot-air balloon flight rating shall only exercise his or her privileges when he or she has completed at least 1 tethered hot-air balloon flight during the last 48 months. (e) When a pilot does not comply with the requirement in paragraph (d), he or she shall perform the required hot-air balloon tethered flight, flying dual or solo under the supervision of an FI(B), in order to fulfil the requirement in paragraph (d). BFCL.210 Night rating (a) A BPL holder shall only exercise the privileges of his or her licence in VFR conditions at night when he or she holds a night rating in accordance with this point. (b) An applicant for a night rating shall have completed at least 2 instruction flights at night of at least 1 hour each. (b) The completion of the training shall be entered in the logbook and signed by the FI(B) who is responsible for the training. BFCL.215 Commercial operation rating (a) A BPL holder shall only exercise the privileges of his or her licence during commercial operations with balloons when he or she holds a commercial operation rating in accordance with this point. (b) An applicant for a commercial operation rating shall: (1) have attained the age of 18 years; (2) have completed 50 hours of flight time and 50 take-offs and landings as PIC on balloons; (3) have the privileges for the class of balloon in which the privileges of the Page 18 of 30  Annex IIb to EASA Opinion No 01/2019 commercial operation rating will be exercised; and (4) have passed a skill test on the relevant class of balloon during which he or she shall demonstrate to an FE(B) the competence required for commercial balloon operations. (c) The privileges of the commercial operation rating shall be limited to the class of balloon in which the skill test in accordance with paragraph (b)(3) has been completed. The privileges shall be extended upon application to another class of balloon when, in that other class, the applicant complies with paragraph (b)(3) and (b)(4). (d) A pilot who holds a commercial operation rating shall exercise the privileges of that rating in commercial passenger ballooning only when he or she has completed: (1) within the preceding 180 days: (i) at least 3 flights as PIC in balloons, of which at least 1 shall be in a balloon of the relevant class; or (ii) 1 flight as PIC in a balloon of the relevant class under the supervision of an FI(B) who is qualified in accordance with this point; and (2) within the preceding 24 months: (i) a proficiency check, in a balloon of the relevant class, during which he or she shall demonstrate to an FE(B) the competence required for commercial passenger ballooning; or (ii) a refresher course at an ATO or a DTO, tailored to the competence required for commercial balloon operations, including at least 6 hours of theoretical knowledge instruction and 1 training flight in a balloon of the relevant class with an FI(B) who is qualified for commercial balloon operations in accordance with this point. (e) When complying with paragraph (d), a pilot who holds a commercial operation rating with privileges extended to more than one class of balloons may comply with the requirements in paragraph (d)(2) in one class of balloons for maintaining the privileges of the commercial operation rating for all other balloon classes. (f) After complying with paragraph (d), a pilot who holds a commercial operation rating for the hot-air balloon class shall exercise the privileges of that rating in the hot-air balloon class only on balloons that represent: (i) the same group of the hot-air balloon in which the proficiency check as specified in paragraph (d)(2)(i) or the training flight as specified in paragraph (d)(2)(ii), as applicable, have been completed; or (ii) a hot-air balloon group with a smaller envelope size. (g) The completion of the flight under supervision as specified in paragraph (d)(1)(ii), the proficiency check as specified in paragraph (d)(2)(i), and the refresher training course as specified in paragraph (d)(2)(ii) shall be entered in the logbook of the pilot and shall be Page 19 of 30  Annex IIb to EASA Opinion No 01/2019 signed by the head of training of the ATO or the DTO, the FI(B) or the FE(B) that is responsible for the training course, the supervision or the proficiency check, as applicable. (h) A pilot who has completed an operator proficiency check in accordance with point BOP.ADD.315 of Annex II (Part-BOP) to this Regulation shall be deemed to comply with paragraph (d)(2)(i). Page 20 of 30  Annex IIb to EASA Opinion No 01/2019 SUBPART FI FLIGHT INSTRUCTORS Section 1 General requirements BFCL.300 Flight instructor certificates (a) General An instructor shall only carry out flight instruction in a balloon when he or she: (1) holds: (i) a BPL including the privileges, ratings and certificates for which flight instruction is to be provided; and (ii) a balloon flight instructor (FI(B)) certificate appropriate to the instruction carried out, and issued in accordance with this Subpart; and (2) is entitled to act as PIC in the balloon during flight instruction. (b) Instruction provided outside the territory of the Member States (1) By way of derogation from subparagraph (a)(1), in the case of flight instruction provided during a training course approved in accordance with this Annex (Part- BFCL) outside the territory for which Member States are responsible under the Chicago Convention, the competent authority shall issue a flight instructor certificate to an applicant who holds a balloon pilot licence issued by a third country in accordance with Annex 1 to the Chicago Convention, provided that the applicant: (i) holds at least a licence including, where relevant, privileges, ratings or certificates equivalent to those for which he or she is authorised to instruct; (i) complies with the requirements established in this Subpart for the issue of the FI(B) certificate with the relevant instructional privileges; and (iii) demonstrates to the competent authority an adequate level of knowledge of European aviation safety rules to be able to exercise his or her instructional privileges in accordance with this Annex. (2) The certificate shall be limited to the provision of approved flight instruction: (i) outside the territory of the Member States; and (ii) to a student pilot who has sufficient knowledge of the language in which flight instruction is provided. Page 21 of 30  Annex IIb to EASA Opinion No 01/2019 Section 2 Flight instructor certificate for balloons — FI(B) BFCL.315 FI(B) certificate — Privileges and conditions (a) Subject to compliance of the applicant with point BFCL.320 and with the following conditions, an FI(B) certificate shall be issued upon application with privileges to conduct flight instruction for: (1) a BPL; (2) the extension of privileges to further classes and groups of balloons provided that the applicant has completed at least 15 hours of flight time as PIC in each relevant class; (3) night rating; (4) tethered flight rating; and (5) an FI(B) certificate, provided that the applicant has: (i) completed at least 50 hours of flight instruction on balloons; and (ii) conducted at least 1 hour of flight instruction for the FI(B) certificate under the supervision and to the satisfaction of an FI(B) who is qualified in accordance with this subparagraph and nominated by the head of training of the ATO or the DTO. (b) The privileges listed in paragraph (a) shall include the privileges to conduct flight instruction for: (1) the issue of the relevant licence, privileges, ratings or certificate; and (2) the revalidation, renewal or compliance with the relevant recency requirements of this Annex, as applicable. BFCL.320 FI(B) — Prerequisites and requirements An applicant for an FI(B) certificate shall: (a) be at least 18 years of age; (b) comply with the requirements of subparagraphs (a)(1)(i) and (a)(2) of point BFCL.300; (c) have completed 75 hours of balloon flight time as PIC; (d) have completed an instructor training course in accordance with point BFCL.330 at an ATO or a DTO; and (e) have passed an assessment of competence in accordance with point BFCL.345. Page 22 of 30  Annex IIb to EASA Opinion No 01/2019 BFCL.325 FI(B) competencies and assessment An applicant for an FI(B) certificate shall be trained to achieve the following competencies: (a) prepare resources; (b) create a climate conducive to learning; (c) present knowledge; (d) integrate threat and error management (TEM) and crew resource management (CRM); (e) manage time to achieve training objectives; (f) facilitate learning; (g) assess trainee performance; (h) monitor and review progress; (i) evaluate training sessions; and (j) report outcome. BFCL.330 FI(B) — Training course (a) An applicant for an FI(B) certificate shall have passed a specific pre-entry assessment at an ATO or a DTO within the 12 months preceding the start of the course, to assess his or her ability to take the course. (b) The FI(B) training course shall include at least: (1) the elements specified in point BFCL.325; (2) 25 hours of teaching and learning; (3) 12 hours of theoretical knowledge instruction, including progress tests; and (4) at least 3 hours of flight instruction, including 3 take-offs and landings. (c) An applicant who already holds an instructor certificate in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 or with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall receive full credit for the requirement in paragraph (b)(2). BFCL.345 FI(B) — Assessment of competence (a) An applicant for the issue of an FI(B) certificate shall pass an assessment of competence on a balloon to demonstrate to an examiner who is qualified in accordance with point BFCL.415(c) the ability to instruct a student pilot to the level required for the issue of a BPL. (b) The assessment shall include: (1) the demonstration of the competencies described in point BFCL.325 during pre- Page 23 of 30  Annex IIb to EASA Opinion No 01/2019 flight, post-flight and theoretical knowledge instruction; (2) oral theoretical examinations on the ground, pre-flight and post-flight briefings, and in-flight demonstrations in the appropriate balloon class; (3) exercises adequate to evaluate the instructor’s competencies. BFCL.360 FI(B) certificate — Recency requirements (a) An FI(B) certificate holder shall only exercise the privileges of his or her certificate when he or she has completed: (1) within the last 3 years: (i) instructor refresher training at an ATO, a DTO, or a competent authority during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for balloon instructors; (ii) at least 6 hours of flight instruction in balloons as FI(B); and (2) within the last 9 years, 1 instruction flight on a balloon as FI(B) under the supervision and to the satisfaction of an FI(B) who is qualified in accordance with point BFCL.315(a)(5) and nominated by the head of training of an ATO or a DTO. (b) The hours flown as an FE(B) during skill tests, proficiency checks or assessments of competence shall be credited in full towards the requirement in paragraph (a)(1)(ii). (c) An FE(B) certificate holder who, for the purpose of revalidation of his or her FE(B) certificate, within the last 3 years complies with the requirements in point BFCL.460(b), may exercise the privileges of his or her FI(B) certificate when complying only with paragraph (a)(1). (d) When the FI(B) certificate holder has failed to complete the instruction flight under supervision to the satisfaction of the FI(B) in accordance with paragraph (a)(2), he or she shall not exercise the privileges of the FI(B) certificate until he or she has successfully completed an assessment of competence in accordance with point BFCL.345. (e) An FI(B) certificate holder who does not comply with the requirements in paragraph (a) shall comply with the requirements of paragraph (a)(1)(i) and of point BFCL.345 before he or she can resume to exercise the privileges of the FI(B) certificate. Page 24 of 30  Annex IIb to EASA Opinion No 01/2019 SUBPART FE FLIGHT EXAMINERS Section 1 General requirements BFCL.400 Balloon flight examiner certificates (a) General An examiner shall only carry out skill tests, proficiency checks or assessments of competence in accordance with this Annex when he or she: (1) holds: (i) a BPL including privileges, ratings and certificates for which he or she is authorised to conduct skill tests, proficiency checks or assessments of competence, and the privileges to instruct for them; (ii) holds an FE(B) certificate including privileges appropriate to the skill test, proficiency check or assessment of competence conducted, issued in accordance with this Subpart; and (2) is entitled to act as PIC in a balloon during the skill test, proficiency check or assessment of competence. (b) Examinations conducted outside the territory of the Member States (1) By way of derogation from paragraph (a)(1), in the case of skill tests and proficiency checks performed outside the territory of the Member States, a competent authority shall issue an examiner certificate to an applicant who holds a balloon pilot licence issued by a third country in accordance with Annex 1 to the Chicago Convention, provided that the applicant: (i) holds at least a licence including, where relevant, privileges, ratings, or certificates equivalent to those for which he or she is authorised to conduct skill tests or proficiency checks; (ii) complies with the requirements established in this Subpart for the issue of the relevant examiner certificate; and (iii) demonstrates to the competent authority an adequate level of knowledge of European aviation safety rules to be able to exercise examiner privileges in accordance with this Annex. (2) The certificate referred to in subparagraph (1) shall be limited to performing skill tests and proficiency checks: (i) outside the territory of the Member States; and (ii) to a pilot who has sufficient knowledge of the language in which the Page 25 of 30  Annex IIb to EASA Opinion No 01/2019 test/check is provided. BFCL.405 Limitation of privileges in case of vested interests A balloon examiner shall not conduct: (a) a skill test or assessment of competence of an applicant for the issue of a licence, rating or certificate to whom he or she has provided more than 50 % of the required flight instruction for the licence, rating or certificate for which the skill test or assessment of competence is taken; or (b) a skill test, proficiency check or assessment of competence whenever he or she feels that his or her objectivity may be affected. BFCL.410 Conduct of skill tests, proficiency checks and assessments of competence (a) When conducting skill tests, proficiency checks and assessments of competence, a balloon examiner shall do all of the following: (1) ensure that communication with the applicant can be established without language barriers; (2) verify that the applicant complies with all the qualification, training and experience requirements of this Annex for the issue, revalidation or renewal of the licence, privileges, rating or certificate for which the skill test, proficiency check or assessment of competence is taken; and (3) make the applicant aware of the consequences of providing incomplete, inaccurate or false information related to his or her training and flight experience. (b) After completion of the skill test, proficiency check or assessment of competence, the balloon examiner shall: (1) inform the applicant of the results of the skill test, proficiency check or assessment of competence; (2) in the event of a pass in an assessment of competence for the revalidation or renewal, endorse the new expiry date on the applicant’s licence or certificate, if specifically authorised for that purpose by the competent authority that is responsible for the applicant’s licence; (3) provide the applicant with a signed report of the skill test, proficiency check or assessment of competence and submit without undue delay copies of the report to the competent authority that is responsible for the applicant’s licence, and to the competent authority that issued the examiner certificate. The report shall include: (i) a declaration that the balloon examiner has received information from the applicant regarding his or her experience and instruction, and found that Page 26 of 30  Annex IIb to EASA Opinion No 01/2019 experience and instruction comply with the applicable requirements of this Annex; (ii) confirmation that all the required manoeuvres and exercises have been completed, as well as information on the verbal theoretical knowledge examination, when applicable. If an item has been failed, the examiner shall record the reasons for this assessment; (iii) the results of the skill test, proficiency check or assessment of competence; (iv) a declaration that the balloon examiner has reviewed and applied the national procedures and requirements of the applicant’s competent authority if the competent authority that is responsible for the applicant’s licence is not the one that issued the examiner’s certificate; (v) a copy of the balloon examiner certificate containing the scope of his or her privileges as balloon examiner in the case of skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner’s certificate. (c) The balloon examiner shall maintain the records for 5 years with details of all skill tests, proficiency checks and assessments of competence performed and their results. (d) Upon request by the competent authority that is responsible for the balloon examiner certificate, or the competent authority that is responsible for the applicant’s licence, the balloon examiner shall submit all records and reports, and any other information, as required, for oversight activities. Page 27 of 30  Annex IIb to EASA Opinion No 01/2019 Section 2 Flight examiner certificate for balloons — FE(B) BFCL.415 FE(B) certificate — Privileges and conditions Subject to compliance of the applicant with point BFCL.420 and with the following conditions, an FE(B) certificate shall be issued upon application with privileges to conduct: (a) skill tests and proficiency checks for the BPL and skill tests for the extension of the privileges to another balloon class, provided that the applicant has completed 250 hours of flight time as pilot on balloons, including 50 hours of flight instruction covering the full syllabus of a BPL training course; (b) skill tests and proficiency checks for the commercial operation rating as specified in point BFCL.215, provided that the applicant complies with the experience requirements set out in paragraph (a) and has received specific training during an examiner standardisation course in accordance with point BFCL.430; and (c) assessments of competence for the issue of an FI(B) certificate, provided that the applicant has: (1) completed 350 hours of flight time as pilot on balloons, including 5 hours of instruction to an applicant for the FI(B) certificate; and (2) received specific training during an examiner standardisation course in accordance with point BFCL.430. BFCL.420 FE(B) certificate — Prerequisites and requirements An applicant for an FE(B) certificate shall: (a) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point BFCL.400; (b) have completed the FE(B) standardisation course in accordance with point BFCL.430; (c) have completed an assessment of competence in accordance with point BFCL.445; (d) demonstrate relevant background related to the privileges of the FE(B) certificate; and (e) demonstrate that he or she has not been subject to any sanctions, including the suspension, limitation or revocation of any of his or her licences, ratings or certificates issued in accordance with this Annex, with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, or with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, for non-compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts during the last 3 years. Page 28 of 30  Annex IIb to EASA Opinion No 01/2019 BFCL.430 FE(B) certificate — Standardisation course (a) An applicant for an FE(B) certificate shall take a standardisation course which is provided either by the competent authority or by an ATO or a DTO and approved by that competent authority. (b) The standardisation course shall be tailored to the balloon flight examiner privileges sought and shall consist of theoretical and practical instruction, including, at least: (1) the conduct of at least 1 skill test, proficiency check or assessment of competence for the BPL or associated ratings or certificates; (2) instruction on the applicable requirements of this Annex and the applicable air operations requirements, the conduct of skill tests, proficiency checks and assessments of competence, and their documentation and reporting; (3) a briefing on the following: (i) national administrative procedures; (ii) requirements for the protection of personal data; (iii) examiner’s liability; (iv) examiner’s accident insurance; (v) national fees; and (vi) information on how to access the information contained in points (i) to (v) when conducting skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner certificate. (c) An FE(B) certificate holder shall not conduct skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner certificate, unless he or she has reviewed the latest available information containing the relevant national procedures of the applicant’s competent authority. BFCL.445 FE(B) certificate — Assessment of competence An applicant for the initial issue of an FE(B) certificate shall demonstrate his or her competence to an inspector from the competent authority or to a senior examiner specifically authorised to do so by the competent authority that is responsible for the FE(B) certificate. During the assessment of competence, the applicant shall conduct a skill test, proficiency check or assessment of competence, including briefing, conduct of the skill test, proficiency check or assessment of competence, and assessment of the person to whom the test, check or assessment is given, debriefing and recording documentation. Page 29 of 30  Annex IIb to EASA Opinion No 01/2019 BFCL.460 FE(B) certificate — Validity, revalidation and renewal (a) An FE(B) certificate shall be valid for 5 years. (b) An FE(B) certificate shall be revalidated when its holder has: (1) during the validity period of the FE(B) certificate, completed an examiner refresher course which is provided either by the competent authority or by an ATO or a DTO and approved by that competent authority, during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for balloon examiners; and (2) within the last 24 months preceding the end of the validity period of the certificate, conducted one skill test, proficiency check or assessment of competence under the supervision and to the satisfaction of an inspector from the competent authority or an examiner specifically authorised to do so by the competent authority that is responsible for the FE(B) certificate. (c) An FE(B) certificate holder who also holds one or more examiner certificates for other aircraft categories in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 may achieve combined revalidation of all examiner certificates held, in agreement with the competent authority. (d) If an FE(B) certificate has expired, its holder shall comply with the requirements of paragraph (b)(1) and of point BFCL.445 before he or she can resume the exercise of the privileges of the FE(B) certificate. (e) An FE(B) certificate shall only be revalidated or renewed if the applicant demonstrates continued compliance with the requirements of point BFCL.410 as well as with the requirements of point BFCL.420(d) and (e). Page 30 of 30 EUROPEAN COMMISSION Brussels, XXX […](2019) XXX draft Annex IIIa to EASA Opinion No 01/2019 COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX amending Commission Implementing Regulation (EU) 2018/1976 as regards sailplane pilot licences EN EN  DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX amending Commission Implementing Regulation (EU) 2018/1976 as regards sailplane pilot licences THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Articles 23 and 27 thereof, Whereas: (1) The European Commission is to adopt the necessary implementing rules for establishing the requirements for sailplane pilot licences in accordance with Regulation (EU) 2018/1139, where such aircraft meet the conditions specified in points (b)(i) and (ii) of Article 2(1) of that Regulation. (2) In light of the specific nature of flight crew licensing for sailplanes, there is a need for dedicated licensing requirements laid down in self-standing regulations. Those rules should be based on the general rules for flight crew licensing that are laid down in Commission Regulation (EU) No 1178/2011 (2), but they should be restructured and simplified, so as to ensure that they are proportionate and founded on a risk-based approach, whilst ensuring that sailplane pilots are and continue to be competent to carry out their activities and to discharge their responsibilities. (3) These new licensing requirements for sailplane pilots should be added to Commission Implementing Regulation (EU) 2018/1976 (3). At the same time, the licensing requirements that are related to sailplane pilot licences and are laid down in Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 should be deleted, and those requirements of Annex I (Part-FCL) that address cross-domain issues, such as crediting provisions between sailplane pilot licences and licences for other aircraft categories, should be revised in order to consider the new licensing requirements for sailplanes. (4) Pursuant to Article 12(2a)(3) of Commission Regulation (EU) No 1178/2011, Member States may apply national licensing rules that provide access to basic pilot privileges ( 1) OJ L 212, 22.8.2018, p. 1. ( 2) 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 (OJ L 311, 25.11.2011, p. 1). ( 3) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326 , 20.12.2018, p. 64). EN 1 EN  until 8 April 2020. Some Member States have reported to the European Commission and the European Union Aviation Safety Agency that, in this context, authorising student pilots to exercise limited privileges without supervision and thereby obtain basic privileges on a step-by-step basis supports the promotion of aerial sports and recreational activities by offering easy and more affordable access to flying. Promoting and enabling such easier access to general aviation is in line with the objectives of the General Aviation Road Map that aims to create a more proportional, flexible and proactive regulatory system (4). For these reasons, Member States should be given the discretion to continue with such modular training routes which should be credited for the issue of a sailplane pilot licence (SPL). Member States should be obliged to inform the European Commission and the European Union Aviation Safety Agency if they make use of such authorisations. They should also monitor the use of such authorisations in order to maintain an acceptable level of aviation safety. (5) In order to ensure a smooth transition and to avoid as much as possible any disruptions when introducing the new, specific regulatory framework for sailplane flight crew licensing laid down in this Regulation, any certificates, authorisations and approvals issued to sailplane pilots in accordance with Commission Regulation (EU) No 1178/2011 prior to the date of application of this Regulation should continue to be valid. National sailplane pilot licences issued prior to the date of application of this Regulation should be converted into licences, issued in accordance with this Regulation, through conversion reports established by the Member States in consultation with the European Union Aviation Safety Agency. (6) Credit should be granted for sailplane pilot training that commenced prior to the date of application of this Regulation. As the new sailplane pilot training requirements that are introduced with this Regulation are equally or less demanding compared to the so far applicable requirements of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, training in accordance with Annex I (Part-FCL) should be fully credited. Credit for training that commenced in accordance with Annex 1 to the Chicago Convention should be determined through credit reports established by the Member States. (7) It should be possible for Member States to accept sailplane licences that are issued by third countries. Based on the requirements of the so far applicable Article 8 of Commission Regulation (EU) No 1178/2011, the conditions for accepting third- country sailplane pilot licences should be laid down. (8) The requirements of Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011 should continue to apply to sailplane flight crew licensing as, in the context of making the regulatory framework for sailplane pilot licences simpler, lighter and better, there is no need for amendments with regard to these Annexes. Existing training organisations should be given the appropriate time to adapt their training programmes, where necessary, in the context of the simplified training requirements. (9) The European Union Aviation Safety Agency has prepared draft implementing rules and submitted them with Opinion No 01/2019 (5) to the European Commission in accordance with points (b) and (c) of Article 75(2) and with Article 76(1) of Regulation (EU) 2018/1139. ( 4) https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map ( 5) https://www.easa.europa.eu/document-library/opinions EN 2 EN  (10) 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, HAS ADOPTED THIS REGULATION: Article 1 Commission Implementing Regulation (EU) 2018/1976 is amended as follows: (1) the title of Commission Implementing Regulation (EU) 2018/1976 is replaced by the following: ‘Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of as well as the flight crew licensing for sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council’; (2) in Article 1, paragraph 1 is replaced by the following: ‘1. This Regulation lays down detailed rules for air operations with sailplanes as well as for issuing and maintaining pilot licences and associated ratings, privileges and certificates for sailplanes, where such aircraft meet the conditions laid down in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139.’; (3) Article 2 is amended as follows: (a) the introductory sentence is replaced by the following: ‘For the purpose of this Regulations, the following definitions and, unless terms are defined otherwise in this Article, the definitions of Article 2 of Commission Regulation (EU) No 1178/2011 apply:’; (b) point (10) is replaced by the following: ‘(10) “dry lease agreement” means an agreement between undertakings pursuant to which the sailplane is operated under the responsibility of the lessee;’; (b) The following points (11) to (13) are added: ‘(11) “national licence” means a pilot licence issued by a Member State in accordance with national legislation before the date of application of Annex III (Part-SFCL) to this Regulation or of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011; (12) “Part-SFCL licence” means a flight crew licence which complies with the requirements of Annex III (Part-SFCL) to this Regulation; (13) “conversion report” means a report on the basis of which a licence may be converted into a Part-SFCL licence;’; (4) after Article 3, the following Articles 3a to 3e are inserted: ‘Article 3a Pilot licences and medical certification 1. Without prejudice to Article 3d of this Regulation, pilots of aircraft referred to in Article 1(1) shall comply with the technical requirements and administrative procedures laid down in Annex III (Part-SFCL) to this Regulation and in Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. EN 3 EN  2. As an exception to the privileges of the holders of licences as defined in Annex III (Part-SFCL) to this Regulation, holders of such licences may carry out flights referred to in Article 3(2)(a) to (d) without complying with point SFCL.115(a)(3) of Annex III (Part-SFCL) to this Regulation. 3. A Member State may authorise student pilots who follow an SPL training course to exercise limited privileges without supervision before they meet all the requirements that are necessary for the issue of an SPL in accordance with Annex III (Part-SFCL) to this Regulation, subject to the following conditions: (a) the scope of the privileges granted shall be based on a safety risk assessment carried out by the Member State, taking into account the extent of training necessary for the intended level of pilot competence to be achieved; (b) the privileges shall be limited to the following: (i) the whole or part of the national territory of the authorising Member State; and (ii) sailplanes that are registered in the authorising Member State; (c) the holder of such an authorisation who applies for the issue of a sailplane pilot licence (SPL) shall receive credits for training conducted under the authorisation on the basis of a recommendation from an approved training organisation (ATO) or a declared training organisation (DTO); (d) the Member State shall submit reports and safety risk assessments to the European Commission and the European Union Aviation Safety Agency every 3 years; (e) the Member State shall monitor the use of authorisations issued under this paragraph to ensure an acceptable level of aviation safety and take appropriate action in case of identifying an increased safety risk or any safety concerns. Article 3b Existing pilot licences and national medical certificates 1. Part-FCL licences for sailplanes and associated privileges, ratings and certificates issued by a Member State before the date of application of this Regulation shall be deemed to have been issued in accordance with this Regulation. When a Member State reissues licences for administrative reasons or upon application by licence holders, the Member State shall replace these licences with licences that comply with the format laid down in Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011. 2. When a Member State reissues licences and associated privileges, ratings and certificates in accordance with paragraph 1, the Member State shall, as applicable: (a) transfer all privileges endorsed so far in Part-FCL licences to the new licence format; (b) convert aerobatic ratings issued in accordance with point FCL.800 of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 into advanced aerobatic privileges in accordance with point SFCL.200(c) of Annex III (Part-SFCL) to this Regulation; and EN 4 EN  (c) endorse the expiry date of a flight instructor certificate associated with a Part-FCL licence into the pilot’s logbook or issue an equivalent document. After that date, those pilots shall exercise instructor privileges only when they comply with point SFCL.460 of Annex III (Part-SFCL) to this Regulation. 3. Holders of national licences for sailplanes issued by a Member State before the date of application of Annex III (Part-SFCL) to this Regulation shall be allowed to continue to exercise the privileges of their licences until 8 April 2021. By that date, these licences shall have been converted into Part-SFCL licences and associated ratings, privileges and certificates in accordance with the elements laid down in a conversion report that complies with the requirements of Article 4(4) and (5) of Commission Regulation (EU) No 1178/2011. 4. National pilot medical certificates associated with a licence as specified in paragraph 2 above and issued by a Member State before the date of application of Annex III (Part-SFCL) to this Regulation shall remain valid until the date of their next revalidation or until 8 April 2021, whichever is the earlier. The revalidation of these medical certificates shall comply with the requirements of Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. Article 3c Credit for training that commenced prior to the date of application of this Regulation 1. In respect of issuing Part-SFCL licences and associated privileges, ratings or certificates in accordance with Annex III (Part-SFCL) to this Regulation, training that commenced prior to the date of application of this Regulation in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be deemed to have commenced in accordance with this Regulation. 2. Training that commenced prior to the date of application of this Regulation or of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, in accordance with Annex 1 to the Chicago Convention, shall be given credit for the purposes of issuing Part-SFCL licences on the basis of a credit report established by the Member State in consultation with the European Union Aviation Safety Agency. 3. The credit report shall describe the scope of the training, indicate for which requirements of Part-SFCL credit is given and, if applicable, which requirements applicants need to comply with in order to be issued with a Part-SFCL licence. It shall include copies of all the documents that are necessary to demonstrate the scope of the training, as well as copies of the national regulations and procedures in accordance with which the training was commenced. EN 5 EN  Article 3d Conditions for the acceptance of licences issued by third countries 1. Without prejudice to international agreements concluded between the European Union and a third country in accordance with point (a) of Article 68(1) of Regulation (EU) 2018/1139 covering sailplane pilot licensing, Member States may accept third-country sailplane licences and associated ratings, privileges or certificates, as well as associated medical certificates issued by or on behalf of third countries, in accordance with the provisions of Annex III to Commission Regulation (EU) No 1178/2011. 2. Applicants for a Part-SFCL licence who already hold at least an equivalent licence, rating, privilege or certificate issued in accordance with Annex 1 to the Chicago Convention by a third country shall comply with all the requirements of Annex III (Part-SFCL) to this Regulation, except that the course duration, the number of lessons and the specific training hours may be reduced. 3. The credit given to the applicant shall be determined by the Member State to which the pilot applies on the basis of a recommendation from an ATO or a DTO for sailplanes. Article 3e Training organisations 1. Training organisations for pilot licences referred to in Article 1(1) shall comply with the requirements of Article 10a of Commission Regulation (EU) No 1178/2011. 2. Training organisations referred to in paragraph 1 which hold an approval issued in accordance with Annex VII (Part-ORA) to Commission Regulation (EU) No 1178/2011 or have submitted a declaration in accordance with Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011 before the date of application of this Regulation shall adapt their training programmes, where necessary, by 8 April 2021 at the latest.’; (5) Annex I (Part-DEF) is amended in accordance with Annex I to this Regulation; (6) Annex III (Part-SFCL) is added as set out in Annex II to this Regulation. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 8 April 2020. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission The President […] EN 6 EN Annex IIIb to EASA Opinion No 01/2019 Draft Annex I and II to draft Commission Implementing Regulation (EU) …/… [reference to amending regulation] amending draft Commission Regulation (EU) 2018/1976 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council ANNEX I Annex I ‘Definitions’ (Part-DEF) to Commission Regulation (EU) 2018/1976 is amended as follows: (1) The introductory sentence is replaced by the following: ‘For the purpose of this Regulation, the following definitions and, unless terms are defined otherwise in this Annex, the definitions of Article 2 of Commission Regulation (EU) No 1178/2011 as well as of point FCL.010 of Annex I (Part-FCL) to that Regulation, shall apply:’; (2) point 13 is replaced by the following: ‘13. “night” means the period between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the centre of the sun’s disc is 6 degrees below the horizon and begins in the morning when the centre of the sun’s disc is 6 degrees below the horizon;’; (3) the following points 14 to 19 are added: ‘14. “skill test” means the demonstration of skill for the purpose of issuing a licence or rating, or extension of a privilege, including oral examinations as may be required; 15. “assessment of competence” means the demonstration of skill, knowledge and attitude for the initial issue, revalidation or renewal of an instructor or examiner certificate; 16. “flight time” means: (a) for self-launch sailplanes and touring motor gliders, the total time from the moment an aircraft first moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight; (b) for sailplanes, the total time from the moment the sailplane commences the ground run in the process of taking off until the moment the sailplane finally comes to a rest at the end of flight; 17. “proficiency check” means the demonstration of skill for the purpose of complying with the recency requirements as established in this Regulation, and including oral examinations as may be required; Page 1 of 29  Annex IIIb to EASA Opinion No 01/2019 18. “solo flight” means a flight during which a student pilot is the sole occupant of an aircraft; 19. “cross-country flight” means a flight outside the line of sight or distance defined by the local authority from the field of departure using standard navigation procedures.’ Page 2 of 29  Annex IIIb to EASA Opinion No 01/2019 ANNEX II ‘ANNEX III REQUIREMENTS FOR SAILPLANE FLIGHT CREW LICENSING [PART-SFCL] SUBPART GEN GENERAL REQUIREMENTS SFCL.001 Scope This Annex establishes the requirements for the issue of a sailplane pilot licence (SPL) and associated privileges, ratings and certificates, and the conditions for their validity and use. SFCL.005 Competent authority For the purpose of this Annex, the competent authority shall be an authority designated by the Member State to which a person applies for the issue of an SPL or associated privileges, ratings or certificates. SFCL.015 Application for and issue, revalidation and renewal of an SPL as well as associated privileges, ratings and certificates (a) The following shall be submitted to the competent authority in a form and manner established by that competent authority: (1) an application for: (i) the issue of an SPL and associated ratings; (ii) the extension of the privileges of an SPL, except for the privileges specified in points SFCL.115(a)(2) and (a)(3), SFCL.155, SFCL.200 and SFCL.215; (iii) the issue of a flight instructor (FI(S)) certificate; (iv) the issue, revalidation and renewal of a flight examiner (FE(S)) certificate; (v) any amendments to the SPL and associated privileges, ratings and certificates, except for the privileges referred to in paragraph (a)(1)(ii); and (2) if mandated by the competent authority, a copy of the relevant logbook entries as specified in points SFCL.115(d), SFCL.155(b), SFCL.200(f) and SFCL.215(d). Page 3 of 29  Annex IIIb to EASA Opinion No 01/2019 (b) An application as specified in paragraph (a) shall be accompanied by evidence that the applicant complies with the relevant requirements established in this Annex and in Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. (c) Any limitation or extension of the privileges granted by a licence, rating or certificate shall be endorsed on the licence or certificate by the competent authority, except for obtaining the privileges as specified in paragraph (a)(1)(ii). (d) A person shall not hold at any time more than one SPL issued in accordance with this Annex. (e) A licence holder shall submit applications as specified in paragraph (a) to the competent authority designated by the Member State in which any of his or her licences was issued in accordance with this Annex (Part-SFCL), Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, as applicable. (f) Without prejudice to paragraph (e), an SPL holder may request a change of competent authority. Such a request shall include a transfer of all licensing and medical records related to all licences held, as specified in paragraph (e), to the competent authority designated by another Member State. (g) An applicant shall apply for the issue of an SPL and associated ratings, privileges or certificates not later than 6 months after having successfully completed the skill test or assessment of competence. SFCL.030 Practical skill test An applicant for a skill test shall be recommended for the test by the ATO or the DTO that is responsible for the training, once the training is completed. The training records shall be made available to the examiner. SFCL.035 Crediting of flight time An applicant for an SPL or an associated privilege, rating or certificate shall be credited in full with all solo, dual instruction or PIC flight time on sailplanes towards the total flight time required for the licence, privilege, rating or certificate. SFCL.045 Obligation to carry and present documents (a) When exercising the privileges of his or her licence, the SPL holder shall carry: (1) a valid SPL; (2) a valid medical certificate; (3) a personal identification document containing his or her photo; and Page 4 of 29  Annex IIIb to EASA Opinion No 01/2019 (4) sufficient logbook data to demonstrate compliance with the requirements of this Annex. (b) A student pilot shall carry on all solo cross-country flights: (1) the documents as specified in paragraphs (a)(2) and (a)(3); and (2) evidence of the authorisation required by point SFCL.125(a). (c) An SPL holder or student pilot shall without undue delay present the documents as specified in paragraph (a) for inspection upon request by an authorised representative of the competent authority. (d) By way of derogation from paragraphs (a) and (b), the documents specified therein may be retained at the aerodrome or operating site for flights that remain: (1) within the sight of the aerodrome or operating site; or (2) within a distance from the aerodrome or operating site determined by the competent authority. SFCL.050 Recording of flight time A sailplane pilot shall keep a reliable record of the details of all flights flown in a form and manner established by the competent authority. SFCL.065 Curtailment of privileges of SPL holders aged 70 years or older in commercial passenger sailplane operations An SPL holder who has attained the age of 70 years shall not act as pilot of a sailplane that is engaged in commercial passenger sailplane operations. SFCL.070 Limitation, suspension and revocation of licences, privileges, ratings and certificates (a) An SPL as well as associated privileges, ratings and certificates issued in accordance with this Annex may be limited, suspended or revoked by the competent authority in accordance with the conditions and procedures laid down in Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011 when a sailplane pilot does not comply with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139 or with the requirements of this Annex as well as of Annex II (Part-SAO) to this Regulation or with Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. (b) When a sailplane pilot has his or her licence, privilege, rating or certificate limited, suspended or revoked, he or she shall immediately return the licence or certificate to the competent authority. Page 5 of 29  Annex IIIb to EASA Opinion No 01/2019 SUBPART SPL SAILPLANE PILOT LICENCE (SPL) SFCL.115 SPL — Privileges and conditions (a) Subject to compliance with point SFCL.150, the privileges of an SPL holder are to act as PIC in sailplanes: (1) without remuneration in non-commercial operations; (2) including the carriage of passengers only when he or she: (i) complies with point SFCL.160(e); and (ii) either: (A) has completed, after the issue of the SPL, at least 10 hours of flight time or 30 launches or take-offs and landings as PIC on sailplanes, including 1 training flight during which holders shall demonstrate to an FI(S) the competence required for the carriage of passengers; or (B) holds an FI(S) certificate in accordance with Subpart FI; and (3) in operations other than those specified in paragraph (a)(1), only when he or she has: (i) attained the age of 18 years; (ii) completed, after the issue of the licence, 75 hours of flight time or 200 launches or take-offs and landings as PIC on sailplanes. (b) By way of derogation from paragraph (a), the SPL holder who has instructor or examiner privileges may receive remuneration for: (1) the provision of flight instruction for the SPL; (2) the conduct of skill tests and proficiency checks for the SPL; and (3) the training, testing and checking for the privileges, ratings and certificates attached to an SPL. (c) The exercise of the privileges granted by an SPL shall be dependent upon the compliance of the licence holder with the applicable recency requirements and upon the validity of the medical certificate appropriate to the privileges exercised. (d) The completion of the training flight as specified in paragraph (a)(2)(ii)(A) shall be entered in the logbook of the pilot and signed by the instructor who is responsible for the training flight. Page 6 of 29  Annex IIIb to EASA Opinion No 01/2019 SFCL.120 SPL — Minimum age An applicant for an SPL shall be at least 16 years of age. SFCL.125 SPL — Student pilot (a) A student pilot shall not fly solo unless authorised to do so and supervised by a flight instructor for sailplanes (FI(S)). (b) Before his or her first solo flight, the student pilot shall be at least 14 years of age. SFCL.130 SPL — Training course and experience requirements (a) An applicant for an SPL shall complete a training course at an ATO or a DTO. The course shall be tailored to the privileges sought and shall include: (1) theoretical knowledge as specified in point SFCL.135; and (2) at least 15 hours of flight instruction in sailplanes, including at least: (i) 10 hours of dual flight instruction which shall include the dual flight instruction as specified in paragraphs (2)(iv)(A) or (2)(v)(A), as applicable; (ii) 2 hours of supervised solo flight time; (iii) 45 launches or take-offs and landings; (iv) if privileges for sailplanes, excluding TMGs, are sought, at least 7 hours of flight instruction in sailplanes, excluding TMGs, including at least: (A) 3 hours of dual flight instruction; and (B) 1 solo cross-country flight of at least 50 km (27 NM) or 1 dual cross- country flight of at least 100 km (55 NM), in a sailplane, excluding TMGs; and (v) if privileges for TMGs are sought, at least 6 hours of flight instruction in TMGs, including at least: (A) 4 hours of dual flight instruction; and (B) 1 solo cross-country flight of at least 150 km (80 NM) in a TMG, during which one full-stop landing at an aerodrome different from the aerodrome of departure shall be performed. (b) An applicant who holds a pilot licence for another category of aircraft, with the exception of balloons, shall be credited with 10 % of his or her total flight time as PIC on such aircraft up to a maximum of 7 hours. The amount of credit given shall in any case: (1) not include the requirements of paragraphs (a)(2)(ii), (a)(2)(iv)(B) and (a)(2)(v)(B); and Page 7 of 29  Annex IIIb to EASA Opinion No 01/2019 (2) with regard to paragraph (a)(2)(iii), not exceed 10 launches or take-offs and landings. SFCL.135 SPL — Theoretical knowledge examination (a) Theoretical knowledge An applicant for an SPL shall demonstrate a level of theoretical knowledge that is appropriate to the privileges sought through examinations on the following: (1) common subjects: (i) air law; (ii) human performance; (iii) meteorology; (iv) communications; and (2) specific subjects concerning sailplanes: (i) principles of flight; (ii) operational procedures; (iii) flight performance and planning; (iv) aircraft general knowledge related to sailplanes; and (v) navigation. (b) Responsibilities of the applicant (1) The applicant shall take the entire set of theoretical knowledge examinations for the SPL under the responsibility of the same Member State’s competent authority. (2) The applicant shall take the theoretical knowledge examination only when recommended by the ATO or the DTO that is responsible for his or her training, once he or she has completed the appropriate elements of the training course of theoretical knowledge instruction to a satisfactory standard. (3) The recommendation by the ATO or the DTO shall be valid for 12 months. If the applicant has failed to take at least one theoretical knowledge examination paper within this validity period, the need for further training shall be determined by the ATO or the DTO, based on the needs of the applicant. (c) Pass standards (1) A pass in a theoretical knowledge examination shall be awarded to the applicant when achieving at least 75 % of the marks allocated to that paper. No penalty marking shall be applied. (2) Unless otherwise specified in this Annex, an applicant is considered to have successfully completed the required theoretical knowledge examination for the Page 8 of 29  Annex IIIb to EASA Opinion No 01/2019 SPL when he or she has passed all the required theoretical knowledge examination papers within a period of 18 months counted from the end of the calendar month when the applicant first attempted to take the examination. (3) If an applicant has failed to pass one of the theoretical knowledge examination papers within four attempts or has failed to pass all papers within the period mentioned in paragraph (2) above, he or she shall retake the complete set of theoretical knowledge examination papers. (4) Before retaking the theoretical knowledge examinations, the applicant shall undertake further training at an ATO or a DTO. The extent and scope of the training needed shall be determined by the ATO or the DTO, based on the needs of the applicant. (d) Validity period The successful completion of the theoretical knowledge examinations shall be valid for a period of 24 months, counted from the day when the applicant successfully completed the theoretical knowledge examination, in accordance with subparagraph (c)(2). SFCL.140 SPL — Crediting of theoretical knowledge An applicant for the issue of an SPL shall be credited towards the theoretical knowledge requirements for the common subjects as specified in point SFCL.135(a)(1) when he or she: (a) holds a licence in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395; or (b) has passed the theoretical knowledge examinations for a licence as specified in paragraph (a), as long as this is done within the validity period specified in point SFCL.135(d). SFCL.145 SPL — Practical skill test (a) An applicant for an SPL shall demonstrate through the completion of a skill test the ability to perform, as PIC on sailplanes, the relevant procedures and manoeuvres with competency appropriate to the privileges sought. (b) An applicant shall complete the skill test in a sailplane, excluding TMGs, or a TMG, depending on the privileges sought and provided that the training course in accordance with point SFCL.130 included the necessary training elements for the relevant aircraft. An applicant who has completed a training course, including the necessary training elements for both sailplanes and TMGs, may complete 2 skill tests, 1 in a sailplane, excluding TMGs, and 1 in a TMG, in order to obtain privileges for both aircraft. (c) Before a skill test for the issue of an SPL is taken, the applicant shall have passed the required theoretical knowledge examinations. (d) Pass standards Page 9 of 29  Annex IIIb to EASA Opinion No 01/2019 (1) The skill test shall be divided into different sections, representing all the different phases of a sailplane flight. (2) Failure in any item of a section shall cause the applicant to fail the entire section. If the applicant fails in only one section, he or she shall repeat only that section. Failure in more than one section shall require the applicant to retake the entire test. (3) When the test needs to be retaken in accordance with subparagraph (d)(2), failure in any section, including those sections that have been passed at a previous attempt, shall require the applicant to retake the entire test. (e) Failure to achieve a pass in all sections of the test within two attempts shall require the applicant to receive further practical training. SFCL.150 SPL — Sailplane and TMG privileges (a) When the skill test as specified in point SFCL.145 has been completed in a sailplane, excluding TMGs, the privileges of an SPL shall be limited to sailplanes, excluding TMGs. (b) In the case specified in paragraph (a), the privileges of an SPL shall be extended to TMGs upon application when a pilot has: (1) completed at an ATO or a DTO the training elements specified in point SFCL.130(a)(2)(v); and (2) passed a skill test to demonstrate an adequate level of practical skill in a TMG. During this skill test, the applicant shall also demonstrate to the examiner an adequate level of theoretical knowledge for TMGs in the following subjects: (i) principles of flight; (ii) operational procedures; (iii) flight performance and planning; (iv) aircraft general knowledge; and (v) navigation. (c) A holder of a licence issued in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall receive full credit towards the requirements in paragraph (b) provided that he or she: (1) holds a class rating for TMGs; or (2) has TMG privileges and complies with the recency requirements in point FCL.140.A of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011. (d) When the skill test as specified in point SFCL.145 has been completed in a TMG, the privileges of the SPL shall be limited to TMGs. Page 10 of 29  Annex IIIb to EASA Opinion No 01/2019 (e) In the case specified in paragraph (d), the privileges of the SPL shall be extended upon application to sailplanes when a pilot has: (1) completed at an ATO or a DTO the training elements specified in point SFCL.130(a)(2)(iv) and at least 15 launches and landings in a sailplane, excluding TMGs; and (2) passed a skill test to demonstrate an adequate level of practical skill in a sailplane, excluding TMGs. During this skill test, the pilot shall also demonstrate to the examiner an adequate level of theoretical knowledge for sailplanes, excluding TMGs, in the following subjects: (i) principles of flight; (ii) operational procedures; (iii) flight performance and planning; (iv) aircraft general knowledge; and (v) navigation. (f) The completion of the training as specified in paragraphs (b)(1) and (e)(1) shall be entered in the logbook of the pilot and signed by the head of training of the ATO or the DTO that is responsible for the training. SFCL.155 SPL — Launching methods (a) An SPL holder shall exercise his or her privileges only by using those launching methods for which the following training has been completed, either during the training course in accordance with point SFCL.130 or point SFCL.150(e)(1), or during additional training provided by an instructor after the issue of the SPL: (1) in the case of winch launch and car launch, a minimum of 10 launches in dual flight instruction, and 5 solo launches under supervision; (2) in the case of aerotow or self-launch, a minimum of 5 launches in dual flight instruction, and 5 solo launches under supervision. In the case of self-launch, dual flight instruction may be conducted in TMGs; (3) in the case of bungee launch, a minimum of 3 launches performed in dual flight instruction or solo under supervision; and (4) in case of further launching methods, training as required by the competent authority. (b) The completion of the training as specified in paragraph (a) shall be entered in the logbook of the pilot and signed by the head of training of the ATO or the DTO or the instructor that is responsible for the training, as applicable. (c) In order to maintain the privileges he or she has for each launching method, in accordance with the requirements of paragraphs (a) and (b), an SPL holder shall have completed a Page 11 of 29  Annex IIIb to EASA Opinion No 01/2019 minimum of 5 launches during the last 2 years, except for bungee launch, in which case he or she shall have completed only 2 launches. In the case of self-launch, launches may be done in self-launch or through take-offs in TMGs or a combination of these. (d) When an SPL holder does not comply with the requirement in paragraph (d), he or she shall perform the additional number of launches flying dual or solo under the supervision of an instructor in order to renew the privileges. SFCL.160 SPL — Recency requirements (a) Sailplanes, excluding TMGs An SPL holder shall only exercise the privileges of his or her licence on sailplanes, excluding TMGs, when he or she has, in the last 2 years: (1) completed, on sailplanes, at least 5 hours of flight time as PIC or flying dual or solo under the supervision of an FI(S), including, on sailplanes, excluding TMGs, at least: (i) 15 launches; and (ii) 2 training flights with an FI(S); or (2) passed a proficiency check with an FE(S) on a sailplane, excluding TMGs; the proficiency check shall be based on the skill test for SPL. (b) TMGs An SPL holder shall only exercise the privileges of his or her licence in TMGs when he or she has, in the last 2 years: (1) completed at least 12 hours of flight time as PIC or flying dual or solo under the supervision of an instructor on sailplanes, including, on TMGs, at least: (i) 6 hours flight time; (ii) 12 take-offs and landings; and (iii) a training flight of at least 1 hour total flight time with an instructor; or (2) passed a proficiency check with an examiner; the proficiency check shall be based on the skill test as specified in point SFCL.150(b)(2). (c) An SPL holder with privileges to fly on TMGs who also holds a licence including the privileges to fly on TMGs in accordance with the provisions of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be exempted from complying with paragraph (b). (d) The completion of the dual flights and flights under supervision as specified in paragraph (a)(1), the training flights as specified in paragraphs (a)(1)(ii) and (b)(1)(iii), and the proficiency checks as specified in paragraph (a)(2) and (b)(2) shall be entered in the logbook of the pilot and signed by, in the case of paragraphs (a)(1), (a)(1) and Page 12 of 29  Annex IIIb to EASA Opinion No 01/2019 (b)(1)(iii), the responsible FI(S) and, in the case of paragraphs (a)(2) and (b)(2), the responsible FE(S). (e) Carriage of passengers An SPL holder shall only carry passengers when he or she has carried out as PIC, in the preceding 90 days, at least: (1) 3 launches in sailplanes, excluding TMGs, if passengers are to be carried in sailplanes, excluding TMGs; or (2) 3 take-offs and landings in TMGs, if passengers are to be carried in a TMG. For carrying passengers at night in a TMG, at least 1 of these take-offs and landings shall be carried out at night. Page 13 of 29  Annex IIIb to EASA Opinion No 01/2019 SUBPART ADD ADDITIONAL RATINGS AND PRIVILEGES SFCL.200 Aerobatic privileges (a) An SPL holder shall only undertake aerobatic flights in sailplanes with any engine stopped, or, in the case of paragraph (d) and (e), with engine power, when he or she holds the appropriate aerobatic privileges in accordance with this point. (b) Basic aerobatic privileges: (1) entitle its holder to undertake aerobatic flights limited to the following manoeuvres: (i) 45-degree climbing and diving lines performed as aerobatic manoeuvres; (ii) inside loops; (iii) wingover; (iv) lazy eight; and (v) spins; and (2) are included in the privileges of an SPL after a pilot has completed: (i) after the issue of the SPL, at least 30 hours of flight time or 120 launches as PIC on sailplanes; (ii) a training course at an ATO or a DTO, including: (A) theoretical knowledge instruction appropriate for the privileges sought; and (B) aerobatic flight instruction on the manoeuvres specified in paragraph (b)(1). (c) Advanced aerobatic privileges: (1) entitle its holder to undertake aerobatic flights not limited to manoeuvres as specified in paragraph (b)(1); and (2) are included in the privileges of an SPL after a pilot has: (i) complied with the requirements of paragraph (b)(2)(i); and (ii) completed a training course at an ATO or a DTO, including: (A) theoretical knowledge instruction appropriate for the privileges sought; and (B) at least 5 hours or 20 flights of aerobatic flight instruction. (d) The basic or advanced aerobatic privileges shall include aerobatic flights in sailplanes with engine power, provided that a pilot, during a training course in accordance with paragraphs (b)(2)(ii) or (c)(2)(ii), as applicable, has received training in aerobatic flight in sailplanes with engine power. Page 14 of 29  Annex IIIb to EASA Opinion No 01/2019 (e) The privileges of an SPL shall include advanced aerobatic privileges for TMGs flown with engine power when a pilot also has or has had an aerobatic rating in accordance with point FCL.800 of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, including privileges for aerobatic flight on TMGs. (f) The completion of the training course as specified in paragraphs (b)(2)(ii) and (c)(2)(ii) and, as applicable, the inclusion of training specified in paragraph (d), shall be entered in the logbook and signed by the head of training of the ATO or the DTO that is responsible for the training. SFCL.205 Sailplane towing and banner towing rating (a) An SPL holder who has privileges to fly TMGs shall only tow sailplanes or banners when he or she holds the appropriate sailplane towing or banner towing rating in accordance with this point. (b) An applicant for a sailplane towing rating shall have completed: (1) at least 30 hours of flight time as PIC and 60 take-offs and landings in TMGs, after obtaining TMG privileges; and (2) a training course at an ATO or a DTO, including: (i) theoretical knowledge instruction on sailplane towing operations and procedures; (ii) at least 10 training flights towing a sailplane, including at least 5 dual training flights; and (iii) in the case of an SPL holder with privileges restricted to TMG in accordance with point SFCL.150(d), 5 familiarisation flights in a sailplane which is launched by an aircraft. (c) An applicant for a banner towing rating shall have completed: (1) at least 100 hours of flight time and 200 take-offs and landings as PIC on TMGs, after obtaining TMG privileges; (2) a training course at an ATO or a DTO, including: (i) theoretical knowledge instruction on banner towing operations and procedures; (ii) at least 10 instruction flights towing a banner, including at least 5 dual flights. (d) An applicant for a sailplane towing rating or a banner towing rating in accordance with this point who already holds a sailplane towing or banner towing rating, as applicable, in accordance with point FCL.805(b) of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or who has fulfilled all the requirements for the issue of that rating shall: Page 15 of 29  Annex IIIb to EASA Opinion No 01/2019 (1) receive full credit towards the requirements in paragraph (b) or (c) for obtaining the sailplane towing or the banner towing rating, as applicable, when his or her relevant towing rating as specified in paragraph (d) includes privileges for towing with TMGs; or (2) have completed at least 3 dual instruction flights covering the full sailplane towing or banner towing training syllabus, as applicable, in TMGs. (e) The completion of the training course as specified in paragraphs (b)(2), (c)(2) and (d)(2) shall be entered in the logbook and signed by the head of training of the ATO or the DTO or the instructor who is responsible for the training, as applicable. (f) In order to exercise the privileges of the sailplane towing or banner towing rating, the holder of the rating shall have completed a minimum of 5 tows during the last 2 years. (g) When a holder of the sailplane towing rating does not comply with the requirement in paragraph (f), before resuming the exercise of his or her privileges, he or she shall complete the missing tows with or under the supervision of an instructor. SFCL.210 TMG night rating (a) An SPL holder with privileges to fly TMGs shall only exercise his or her TMG privileges in VFR conditions at night when he or she holds a TMG night rating in accordance with this point. (b) An applicant for a TMG night rating shall have completed a training course at an ATO or a DTO. The course shall comprise: (1) theoretical knowledge instruction in flying in visual flight rules (VFR) conditions at night; and (2) at least 5 hours of flight time in TMGs at night, including at least 3 hours of dual instruction, including at least: (i) 1 hour of cross-country navigation with at least 1 dual cross-country flight of at least 50 km (27 NM); (ii) 5 solo take-offs; and (iii) 5 solo full-stop landings. (c) Before completing the training at night, an SPL holder shall have completed the basic instrument flight training necessary for the issue of a private pilot licence (PPL) in accordance with the provisions of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011. (d) An applicant for a TMG night rating in accordance with this point shall receive full credit towards the requirements of paragraphs (b) and (c) when he or she holds a night rating in accordance with point FCL.810 of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or when he or she has fulfilled all the requirements for the issue of that rating. Page 16 of 29  Annex IIIb to EASA Opinion No 01/2019 SFCL.215 Sailplane cloud flying privileges (a) An SPL holder shall only operate a sailplane within cloud when: (1) any engine is stopped; and (2) he or she has sailplane cloud flying privileges in accordance with this point. (b) The privileges of an SPL shall include sailplane cloud flying privileges after a pilot has completed at least: (1) 30 hours as PIC in sailplanes after the issue of the licence; and (2) a training course at an ATO or a DTO, including: (i) theoretical knowledge instruction; and (ii) at least 2 hours of dual flight instruction in sailplanes with any engine stopped, controlling the aircraft solely by reference to instruments. However, a maximum of 50 % of the dual flight instruction may be completed in TMGs flown with engine power, provided that these training flights are conducted in VMC. (c) In order to obtain sailplane cloud flying privileges, an SPL holder who also holds a basic instrument rating (BIR) or an IR(A) in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or who has fulfilled all the requirements for the issue of one of these ratings, shall: (1) be credited against the requirement of paragraph (b)(2)(i); and (2) by way of derogation from paragraph (b)(2)(ii), complete at least 1 hour of dual flight instruction in a sailplane, controlling it solely by reference to instruments. (d) The completion of the training course as specified in paragraphs (b)(2) or (c)(2), as applicable, shall be entered in the logbook and signed by the head of training of the ATO or the DTO that is responsible for the training. (e) An SPL holder shall only exercise his or her sailplane cloud flying privileges when he or she has completed in the last 2 years at least 1 hour of flight time, or 5 flights, as PIC exercising cloud flying privileges in sailplanes. (f) An SPL holder with sailplane cloud flying privileges who does not comply with the requirements in paragraph (e) shall, before he or she resumes the exercise of his or her privileges: (1) pass a proficiency check with an FE(S); or (2) perform the additional flight time or flights required in paragraph (e) with an FI(S). (g) An SPL holder with sailplane cloud flying privileges who also holds a BIR or an IR(A) in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be credited in full against the requirements of paragraph (e). Page 17 of 29  Annex IIIb to EASA Opinion No 01/2019 SUBPART FI FLIGHT INSTRUCTORS Section 1 General requirements SFCL.300 Flight instructor certificate (a) General An instructor shall only carry out flight instruction in a sailplane when he or she: (1) holds: (i) an SPL including the privileges, ratings and certificates for which flight instruction is to be provided; and (ii) a sailplane flight instructor (FI(S)) certificate appropriate to the instruction carried out, and issued in accordance with this Subpart; and (2) is entitled to act as PIC in the sailplane during flight instruction. (b) Instruction provided outside the territory of the Member States (1) By way of derogation from paragraph (a)(1), in the case of flight instruction provided during a training course approved in accordance with this Annex (Part- SFCL) outside the territory for which Member States are responsible under the Chicago Convention, the competent authority shall issue a flight instructor certificate to an applicant who holds a sailplane pilot licence issued by a third country in accordance with Annex 1 to the Chicago Convention, provided that the applicant: (i) holds at least a licence including, where relevant, privileges, ratings or certificates equivalent to those for which he or she is authorised to instruct; (i) complies with the requirements established in this Subpart for the issue of the FI(S) certificate with the relevant instructional privileges; and (iii) demonstrates to the competent authority an adequate level of knowledge of European aviation safety rules to be able to exercise his or her instructional privileges in accordance with this Annex. (2) The certificate shall be limited to the provision of flight instruction: (i) outside the territory of the Member States; and (ii) to a student pilot who has sufficient knowledge of the language in which flight instruction is provided. Page 18 of 29  Annex IIIb to EASA Opinion No 01/2019 Section 2 Flight instructor certificate for sailplanes — FI(S) SFCL.315 FI(S) certificate — Privileges and conditions (a) Subject to compliance of the applicant with point SFCL.320 and with the following conditions, an FI(S) certificate shall be issued upon application with privileges to conduct flight instruction for: (1) an SPL; (2) additional sailplane privileges in accordance with point SFCL.150(e); (3) launching methods in accordance with point SFCL.155, provided that the applicant has completed as PIC: (i) in the case of aerotow launch, at least 30 launches; or (ii) in the case of winch launch, at least 50 launches; (4) additional TMG privileges in accordance with point SFCL.150(b), provided that the applicant has: (i) completed 30 hours of flight time as PIC on TMGs; (ii) completed the training as specified in point SFCL.330(b)(2); and (iii) demonstrated the ability to instruct on TMGs to an FI(S) who is qualified in accordance with subparagraph (a)(7) and nominated by the head of training of the ATO or the DTO; (5) basic aerobatic, advanced aerobatic or sailplane cloud flying privileges or the sailplane towing or the banner towing rating, provided that the applicant: (i) in the case of instruction for basic aerobatic or advanced aerobatic privileges, holds advanced aerobatic privileges in accordance with point SFCL.200(c); and (ii) has demonstrated the ability to instruct for the relevant privileges or rating to an FI(S) who is qualified in accordance with subparagraph (a)(7) and nominated by the head of training of an ATO or a DTO; (6) TMG flight at night, provided that the applicant: (i) complies with the night experience requirement in point SFCL.160(e)(2); and (ii) has demonstrated the ability to instruct on TMGs at night to an FI(S) who is qualified in accordance with subparagraph (a)(7) and nominated by the head of training of an ATO or a DTO; (7) an FI(S) certificate, provided that the applicant has: (i) completed 50 hours or 150 launches of flight instruction in sailplanes; and Page 19 of 29  Annex IIIb to EASA Opinion No 01/2019 (ii) has demonstrated the ability to instruct for the FI(S) certificate to an FI(S) who is qualified in accordance with this paragraph and nominated by the head of training of an ATO or a DTO. (b) The privileges listed in paragraph (a) shall include the privileges to conduct flight instruction for: (1) the issue of the relevant licence, privileges, ratings or certificate; and (2) the revalidation, renewal or compliance with the relevant recency requirements of this Annex, as applicable. SFCL.320 FI(S) certificate — Prerequisites and requirements An applicant for an FI(S) certificate shall: (a) be at least 18 years of age; (b) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point SFCL.300; (c) have completed 100 hours of flight time and 200 launches as PIC on sailplanes; (d) have completed an instructor training course in accordance with point SFCL.330 at an ATO or a DTO; and (e) have passed an assessment of competence in accordance with point SFCL.345. SFCL.325 FI(S) competencies and assessment An applicant for an FI(S) certificate shall be trained to achieve the following competencies: (a) prepare resources; (b) create a climate conducive to learning; (c) present knowledge; (d) integrate threat and error management (TEM) and crew resource management (CRM); (e) manage time to achieve training objectives; (f) facilitate learning; (g) assess trainee performance; (h) monitor and review progress; (i) evaluate training sessions; and (j) report outcome. Page 20 of 29  Annex IIIb to EASA Opinion No 01/2019 SFCL.330 FI(S) — Training course (a) An applicant for an FI(S) certificate shall have passed a specific pre-entry assessment at an ATO or a DTO within the 12 months preceding the start of the course, to assess his or her ability to undertake the course. (b) The FI(S) training course shall include: (1) on sailplanes, excluding TMGs: (i) the elements specified in point SFCL.325; (ii) 25 hours of teaching and learning; (iii) 30 hours of theoretical knowledge instruction, including progress tests; (iv) at least 6 hours, of which a maximum of 3 hours may be completed in TMGs, or 20 launches of flight instruction; and (2) additionally, when the privileges of the FI(S) certificate will include the privileges as specified in point SFCL.315(a)(4) and (a)(6), at least 6 hours of dual flight instruction on TMGs. (c) An applicant who already holds an instructor certificate in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall receive full credit for the requirement in paragraph (b)(1)(ii). (d) When applying for an FI(S) certificate, a pilot who holds or has held an FI(A), (H) or (As) shall be credited with 18 hours towards the requirements in paragraph (b)(1)(iii). SFCL.345 FI(S) — Assessment of competence (a) An applicant for the issue of an FI(S) certificate shall pass an assessment of competence to demonstrate to an examiner who is qualified in accordance with point SFCL.415(c) the ability to instruct a student pilot to the level required for the issue of an SPL. (b) The assessment shall include: (1) the demonstration of the competencies described in point SFCL.325, during pre- flight, post-flight and theoretical knowledge instruction; (2) oral theoretical examinations on the ground, pre-flight and post-flight briefings, and in-flight demonstrations in sailplanes; (3) exercises adequate to evaluate the instructor’s competencies. (c) The assessment of competence for the initial issue of an FI(S) certificate shall be conducted in sailplanes, excluding TMGs. SFCL.350 FI(S) — Restricted privileges Page 21 of 29  Annex IIIb to EASA Opinion No 01/2019 (a) An FI(S) shall have his or her privileges limited to conducting flight instruction under the supervision of an unrestricted FI(S) nominated by the ATO or the DTO for this purpose, in the following cases: (1) for the issue of an SPL; (2) for extending the privileges of an SPL to additional sailplane or TMG privileges in accordance with point SFCL.150; (3) for extending the privileges of an SPL to additional launching methods in accordance with point SFCL.155; and (4) for basic aerobatic, advanced aerobatic or sailplane cloud flying privileges or for the sailplane towing or banner towing rating. (b) Whilst conducting training under supervision, in accordance with paragraph (a), the FI(S) shall not have the privilege to authorise a student pilot to conduct his or her first solo flight or first solo cross-country flight. (c) The limitations in (a) and (b) shall be removed from the FI(S) certificate when the FI(S) has completed at least 15 hours or 50 launches of flight instruction covering all phases of a sailplane flight. In the case of a restricted FI(S) who complied with point SFCL.330(b)(2), 5 out of these 15 hours may be completed in TMGs, and 15 out of these 50 launches may be replaced by take-offs and landings in TMGs. SFCL.360 FI(S) certificate — Recency requirements (a) An FI(S) certificate holder shall only exercise the privileges of his or her certificate when he or she has: (1) within the last 3 years, completed: (i) instructor refresher training at an ATO, a DTO, or a competent authority during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for sailplane instructors; and (ii) at least 30 hours or 60 launches or 60 take-offs and landings of flight instruction as FI(S); and (2) within the last 9 years, demonstrated the ability to instruct on sailplanes to an FI(S) who is qualified in accordance with point SFCL.315(a)(7) and nominated by the head of training of an ATO or a DTO. (b) The hours flown as an FE(S) during skill tests, proficiency checks and assessments of competence shall be credited in full towards the requirement in paragraph (a)(1)(ii). (c) An FE(S) certificate holder who, for the purpose of revalidation of his or her FE(S) certificate, within the last 3 years, complies with the requirements in point SFCL.460(b), may exercise the privileges of his or her FI(S) certificate when complying only with paragraph (a)(1). Page 22 of 29  Annex IIIb to EASA Opinion No 01/2019 (d) When the FI(S) certificate holder has failed to complete the instruction flight under supervision to the satisfaction of the FI(S) in accordance with paragraph (a)(2), he or she shall not exercise the privileges of the FI(S) certificate until he or she has successfully completed an assessment of competence in accordance with point SFCL.345. (e) An FI(S) certificate holder who does not comply with the requirements in paragraph (a) shall comply with the requirements of paragraph (a)(1)(i) and of point SFCL.345 before he or she can resume the exercise of the privileges of the FI(S) certificate., Page 23 of 29  Annex IIIb to EASA Opinion No 01/2019 SUBPART FE FLIGHT EXAMINERS Section 1 General requirements SFCL.400 Sailplane flight examiner certificates (a) General An examiner shall only carry out skill tests, proficiency checks or assessments of competence in accordance with this Annex when he or she: (1) holds: (i) an SPL including privileges, ratings and certificates for which he or she is authorised to conduct skill tests, proficiency checks or assessments of competence, and the privileges to instruct for them; (ii) an FE(S) certificate including privileges appropriate to the skill test, proficiency check or assessment of competence conducted, issued in accordance with this Subpart; and (2) is entitled to act as PIC in a sailplane during the skill test, proficiency check or assessment of competence. (b) Examinations conducted outside the territory of the Member States (1) By way of derogation from paragraph (a)(1), in the case of skills tests and proficiency checks performed outside the territory of the Member States, a competent authority shall issue an examiner certificate to an applicant who holds a sailplane pilot licence issued by a third country in accordance with Annex 1 to the Chicago Convention, provided that the applicant: (i) holds at least a licence including, where relevant, privileges, ratings or certificates equivalent to those for which he or she is authorised to conduct skill tests or proficiency checks; (ii) complies with the requirements established in this Subpart for the issue of the relevant examiner certificate; and (iii) demonstrates to the competent authority an adequate level of knowledge of European aviation safety rules to be able to exercise the examiner privileges in accordance with this Annex. (2) The certificate referred to in subparagraph (1) shall be limited to performing skill tests and proficiency checks: (i) outside the territory of the Member States; and Page 24 of 29  Annex IIIb to EASA Opinion No 01/2019 (ii) to a pilot who has sufficient knowledge of the language in which the test/check is provided. SFCL.405 Limitation of privileges in case of vested interests A sailplane examiner shall not conduct: (a) a skill test or assessment of competence of an applicant for the issue of a licence, rating or certificate to whom he or she has provided more than 50 % of the required flight instruction for the licence, rating or certificate for which the skill test or assessment of competence is taken; or (b) a skill test, proficiency check or assessment of competence whenever he or she feels that his or her objectivity may be affected. SFCL.410 Conduct of skill tests, proficiency checks and assessments of competence (a) When conducting skill tests, proficiency checks and assessments of competence, a sailplane examiner shall do all of the following: (1) ensure that communication with the applicant can be established without language barriers; (2) verify that the applicant complies with all the qualification, training and experience requirements of this Annex for the issue, revalidation or renewal of the licence, privileges, rating or certificate for which the skill test, proficiency check or assessment of competence is taken; and (3) make the applicant aware of the consequences of providing incomplete, inaccurate or false information related to his or her training and flight experience. (b) After completion of the skill test, proficiency check or assessment of competence, the sailplane examiner shall: (1) inform the applicant of the results of the skill test, proficiency check or assessment of competence; (2) in the event of a pass in an assessment of competence for the revalidation or renewal, endorse the new expiry date on the applicant’s licence or certificate, if specifically authorised for that purpose by the competent authority that is responsible for the applicant’s licence; (3) provide the applicant with a signed report of the skill test, proficiency check or assessment of competence and submit without undue delay copies of the report to the competent authority that is responsible for the applicant’s licence, and to the competent authority that issued the examiner certificate. The report shall include: (i) a declaration that the sailplane examiner has received information from the applicant regarding his or her experience and instruction, and found that Page 25 of 29  Annex IIIb to EASA Opinion No 01/2019 experience and instruction comply with the applicable requirements of this Annex; (ii) confirmation that all the required manoeuvres and exercises have been completed, as well as information on the verbal theoretical knowledge examination, when applicable. If an item has been failed, the examiner shall record the reasons for this assessment; (iii) the result of the skill test, proficiency check or assessment of competence; (iv) a declaration that the sailplane examiner has reviewed and applied the national procedures and requirements of the applicant’s competent authority if the competent authority that is responsible for the applicant’s licence is not the one that issued the examiner’s certificate; (v) a copy of the sailplane examiner certificate containing the scope of his or her privileges as sailplane examiner in the case of skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner’s certificate. (c) The sailplane examiner shall maintain the records for 5 years with details of all skill tests, proficiency checks and assessments of competence performed and their results. (d) Upon request by the competent authority that is responsible for the sailplane examiner certificate, or the competent authority that is responsible for the applicant’s licence, the sailplane examiner shall submit all records and reports, and any other information, as required, for oversight activities. Page 26 of 29  Annex IIIb to EASA Opinion No 01/2019 Section 2 Flight examiner certificate for sailplanes — FE(S) SFCL.415 FE(S) certificate — Privileges and conditions Subject to compliance of the applicant with point SFCL.420 and with the following conditions, an FE(S) certificate shall be issued upon application with privileges to conduct: (a) skill tests and proficiency checks for the SPL, provided that the applicant has completed, on sailplanes, excluding TMGs, 300 hours of flight time as a pilot, including 150 hours or 300 launches of flight instruction; (b) skill tests for the extension of the SPL privileges to TMG in accordance with point SFCL.150(e), provided that the applicant has completed 300 hours of flight time on sailplanes, including 50 hours of flight instruction in TMGs; (c) assessments of competence for the issue of FI(S) certificates on sailplanes, provided that the applicant has: (1) completed at least 500 hours of flight time as pilot on sailplanes, including: (i) if the privileges of the FE(S) certificate will be exercised in sailplanes, excluding TMGs, at least 10 hours or 30 launches instructing the applicant for an FI(S) certificate in sailplanes, excluding TMGs; and (ii) if the privileges of the FE(S) certificate will be exercised in TMGs, at least 10 hours or 30 take-offs and landings instructing the applicant for an FI(S) certificate in TMGs; and (2) received specific training during an examiner standardisation course in accordance with point SFCL.430. SFCL.420 FE(S) certificate — Prerequisites and requirements An applicant for an FE(S) certificate shall: (a) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point SFCL.400; (b) have completed the FE(S) standardisation course in accordance with point SFCL.430; (c) have completed an assessment of competence in accordance with point SFCL.445; (d) demonstrate relevant background related to the privileges of the FE(S) certificate; and (e) demonstrate that he or she has not been subject to any sanctions, including the suspension, limitation or revocation of any of his or her licences, ratings or certificates issued in accordance with this Annex, with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, or with Annex III (Part-BFCL) to Commission Regulation 2018/395, for non-compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts during the last 3 years. Page 27 of 29  Annex IIIb to EASA Opinion No 01/2019 SFCL.430 FE(S) certificate — Standardisation course (a) An applicant for an FE(S) certificate shall take a standardisation course which is provided either by the competent authority or by an ATO or a DTO and approved by that competent authority. (b) The standardisation course shall be tailored to the sailplane flight examiner privileges sought and shall consist of theoretical and practical instruction, including, at least: (1) the conduct of 2 skill tests, proficiency checks or assessments of competence for the SPL or associated ratings or certificates; (2) instruction on the applicable requirements of this Annex and the applicable air operations requirements, the conduct of skill tests, proficiency checks and assessments of competence, and their documentation and reporting; (3) a briefing on the following: (i) national administrative procedures; (ii) requirements for the protection of personal data; (iii) examiner’s liability; (iv) examiner’s accident insurance; (v) national fees; and (vi) information on how to access the information contained in points (i) to (v) when conducting skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner certificate. (c) An FE(S) certificate holder shall not conduct skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner certificate, unless he or she has reviewed the latest available information containing the relevant national procedures of the applicant’s competent authority. SFCL.445 FE(S) certificate — Assessment of competence An applicant for the initial issue of an FE(S) certificate shall demonstrate his or her competence to an inspector from the competent authority or to a senior examiner specifically authorised to do so by the competent authority that is responsible for the FE(S) certificate. During the assessment of competence, the applicant shall conduct a skill test, proficiency check or assessment of competence, including briefing, conduct of the skill test, proficiency check or assessment of competence, and assessment of the person to whom the test, check or assessment is given, debriefing and recording documentation. SFCL.460 FE(S) certificate — Validity, revalidation and renewal Page 28 of 29  Annex IIIb to EASA Opinion No 01/2019 (a) An FE(S) certificate shall be valid for 5 years. (b) An FE(S) certificate shall be revalidated when its holder has: (1) during the validity period of the FE(S) certificate, completed an examiner refresher course which is provided either by the competent authority or by an ATO or a DTO and approved by that competent authority, during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for sailplane examiners; and (2) within the last 24 months preceding the end of the validity period of the certificate, demonstrated the ability to conduct skill tests, proficiency checks or assessments of competence to an inspector from the competent authority or an examiner specifically authorised to do so by the competent authority that is responsible for the FE(S) certificate. (c) An FE(S) certificate holder who also holds one or more examiner certificates for other aircraft categories in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 may achieve combined revalidation of all examiner certificates held, in agreement with the competent authority. (d) If an FE(S) certificate has expired, its holder shall comply with the requirements of paragraph (b)(1) and of point SFCL.445 before he or she can resume the exercise of the privileges of the FE(S) certificate. (e) An FE(S) certificate shall only be revalidated or renewed if the applicant demonstrates continued compliance with the requirements of point SFCL.410 as well as with the requirements of point SFCL.420(d) and (e). Page 29 of 29 Annex Ib to EASA Opinion No 01/2019 Draft Annex I, II, III, IV, V and VI to draft Commission Implementing Regulation (EU) …/… amending 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 Page 1 of 30  Annex Ib to EASA Opinion No 01/2019 ANNEX I Amendments to Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 (1) Point FCL.010 is amended as follows: (a) the definition of ‘airship’ is replaced by the following: ‘“Airship” means a power-driven lighter-than-air aircraft, with the exception of hot-air airships, which are considered to be balloons as per Article 2(7) of Commission Regulation (EU) 2018/395.’; (b) the definition of ‘flight time’ is replaced by the following: ‘“Flight time”: for aeroplanes, touring motor gliders and powered-lift aircraft, it means the total time from the moment an aircraft first moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight; for helicopters, it means the total time from the moment a helicopter’s rotor blades start turning until the moment the helicopter finally comes to rest at the end of the flight, and the rotor blades are stopped; for airships, it means the total time from the moment an airship is released from the mast for the purpose of taking off until the moment the airship finally comes to rest at the end of the flight, and is secured on the mast’; (c) the definition of ‘powered sailplane’ is replaced by the following: ‘“Powered sailplane” means a sailplane equipped with one or more engines that has, with engines inoperative, the characteristics of a sailplane.’; (d) the definition of ‘touring motor glider’ is replaced by the following: ‘“Touring motor glider (TMG)” means, unless otherwise specified in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, a specific class of powered sailplanes that has an integrally mounted, non-retractable engine and a non-retractable propeller. It shall be capable of taking off and climbing under its engine power according to its flight manual.’; (e) the following definitions are inserted: (i) ‘“En route IFR flight” means the phase of an IFR flight that commences after the completion of an IFR departure procedure and finishes when commencing an IFR approach procedure.’; and (ii) ‘“Limited panel instrument flight” means attitude interpretation by reference to standby instruments interpretation after the loss of main attitude and heading reference system.’; (f) the following definitions are deleted: ‘Class of balloon’ and ‘Group of balloon’; (2) point FCL.015 in amended as follows: (a) paragraph (a) is replaced by the following: Page 2 of 30  Annex Ib to EASA Opinion No 01/2019 ‘(a) An application for the issue, revalidation or renewal of pilot licences and associated ratings and certificates as well as any amendment thereto shall be submitted to the competent authority in a form and manner established by this authority. The application shall be accompanied by evidence that applicants comply with the requirements for the issue, revalidation or renewal of the licence or certificate as well as associated ratings or endorsements, established in this Annex (Part-FCL) and in Annex IV (Part-MED).’; (b) paragraph (b) is replaced by the following: ‘(b) Unless otherwise specified in this Part, any limitation or extension of the privileges granted by a licence, rating or certificate shall be endorsed in the licence or certificate by the competent authority.’; (c) paragraph (d) is replaced by the following: ‘(d) A licence holder shall submit applications as specified in paragraph (a) to the competent authority designated by the Member State in which his or her licence in accordance with this Annex (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, was issued. (d) new paragraphs (e) and (f) and added as follows: ‘(e) Without prejudice to paragraph (d), the holder of a licence that has been issued in accordance with this Annex (Part-FCL) may request a change of competent authority. Such a request shall include a transfer of all licensing and medical records related to all licences held by that person, as specified in paragraph (d), to the competent authority designated by another Member State. (f) The applicant for the issue of a licence, rating or certificate shall apply not later than 6 months after having succeeded at the skill test or assessment of competence.’; (3) in point FCL.020, paragraph (b) is replaced by the following: ‘(b) Before his or her first solo flight, a student pilot shall be at least 16 years of age.’; (4) point FCL.025(c)(1) is amended as follows: (a) paragraph (i) is replaced by the following: ‘(i) for the issue of a light aircraft pilot licence or a private pilot licence, for a period of 24 months;’; (b) paragraphs (ii) and (iii), including the closing phrase, are replaced by the following: ‘(ii) for the issue of a commercial pilot licence or instrument rating (IR), for a period of 36 months; (iii) for the issue of a basic instrument rating (BIR), for an unlimited duration. The periods in paragraphs (i) and (ii) shall be counted from the day on which the pilots successfully complete the theoretical knowledge examination, in accordance with paragraph (b)(2).’; Page 3 of 30  Annex Ib to EASA Opinion No 01/2019 (5) In point FCL.030, a new paragraph (c) is added as follows: ‘(c) For the issue of a BIR, the applicant for a skill test shall have been recommended for the test by an ATO, once all training modules are completed. The training records shall be made available to the examiner.’; (6) in point FCL.035, paragraph (b) is replaced by the following: ‘(b) Crediting of theoretical knowledge (1) An applicant that has passed the theoretical knowledge examination for an airline transport pilot licence shall be credited with the theoretical knowledge requirements for the light aircraft pilot licence, the private pilot licence, the commercial pilot licence and, except in the case of helicopters, the IR and the BIR in the same category of aircraft. (2) An applicant that has passed the theoretical knowledge examination for a commercial pilot licence shall be credited with the theoretical knowledge requirement for: (i) the light aircraft pilot licence in the same category of aircraft; (ii) the private pilot licence in the same category of aircraft; and (iii) the subject ‘communications’ for the BIR. This credit shall include the IFR part of the subject ‘communications’ only if that subject was completed in accordance with point FCL.310, as amended by Commission Implementing Regulation (EU) 2018/1974. (3) The holder of an IR or an applicant that has passed the IR theoretical knowledge examination for a category of aircraft shall be fully credited towards the requirements for the theoretical knowledge instruction and examination for: (i) the IR in another category of aircraft; and (ii) the BIR. (4) The holder of a pilot licence shall be credited towards the requirements for theoretical knowledge instruction and examination for a licence in another category of aircraft in accordance with Appendix 1 to this Part. (5) By way of derogation from paragraph (b)(3), the holder of an IR(A) who has completed a competency-based modular IR(A) course shall only be credited in full towards the requirements for theoretical knowledge instruction and examination for an IR in another category of aircraft when the holder has also passed the theoretical knowledge instruction and examination for the IFR part of the course required in accordance with FCL.720.A(b)(2)(i). This credit also applies to applicants for a pilot licence who have already successfully completed the theoretical knowledge examinations for the issue of that licence in another category of aircraft, as long as it is within the validity period specified in FCL.025(c).’; Page 4 of 30  Annex Ib to EASA Opinion No 01/2019 (7) point FCL.055 is amended as follows: (a) in paragraph (d), the introductory sentence is replaced by the following: ‘(d) Specific requirements for holders of an instrument rating (IR). By way of derogation from the paragraphs above, holders of an IR shall have demonstrated the ability to use the English language at a level which allows them to:’; (b) paragraph (e) is replaced by the following: ‘(e) The demonstration of language proficiency and the use of English for IR holders shall be done through a method of assessment that is established by any competent authority.’; (8) point FCL.060 is amended as follows: (a) paragraph (a) is deleted; (b) in paragraph (b), the introductory sentence is replaced by the following: ‘(b) Aeroplanes, helicopters, powered-lift aircraft and airships. A pilot shall not operate an aircraft in commercial air transport or to carry passengers:’; (9) point FCL.065 is amended as follows: (a) paragraph (b) is replaced by the following: ‘(b) Age 65. The holder of a pilot licence who has attained the age of 65 years shall not act as a pilot of an aircraft that is engaged in commercial air transport.’; (b) paragraph (c) is deleted; (10) point FCL.100 is replaced by the following: ‘FCL.100 LAPL — Minimum age Applicants for the LAPL for aeroplanes or helicopters shall be at least 17 years of age.’; (11) point FCL.120 is replaced by the following: ‘FCL.120 LAPL — Theoretical knowledge examination Applicants for an LAPL shall demonstrate a level of theoretical knowledge appropriate to the privileges granted, through examinations on the following: (a) common subjects: - Air law and air traffic control (ATC) procedures, - Human performance, - Meteorology, - Communications, and - Navigation. (b) specific subjects concerning the different aircraft categories: Page 5 of 30  Annex Ib to EASA Opinion No 01/2019 - Principles of flight, - Operational procedures, - Flight performance and planning, and - Aircraft general knowledge. (12) in point FCL.110.A, paragraph (b) is replaced by the following: ‘(b) Specific requirements for applicants who hold an SPL issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including privileges to fly TMGs. Applicants for an LAPL(A) who hold an SPL with the privileges to fly TMGs shall have completed at least 21 hours of flight time on TMGs after the endorsement of the TMG privileges and complied with the requirements of FCL.135.A(a) on aeroplanes.’; (13) in point FCL.135.A, the following paragraph (c) is added: ‘(c) An applicant for the extension of privileges of the LAPL(A) to TMG who also holds an SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including the privileges to fly on TMGs, shall receive full credits towards the requirements in paragraph (a).’; (14) Sections 4 and 5 of Subpart B are deleted; (15) the title of Subpart C is amended as follows: ‘PRIVATE PILOT LICENCE (PPL)’; (16) point FCL.200 is replaced by the following: ‘FCL.200 Minimum age An applicant for a PPL shall be at least 17 years of age.’; (17) in point FCL.210, paragraphs (a) and (b) are replaced by the following: ‘(a) Applicants for a PPL shall complete a training course at an ATO or a DTO. (b) The course shall include theoretical knowledge and flight instruction appropriate to the privileges of the PPL applied for.’; (18) point FCL.215 is replaced by the following: ‘FCL.215 Theoretical knowledge examination Applicants for a PPL shall demonstrate a level of theoretical knowledge appropriate to the privileges granted through examinations in the following subjects: (a) common subjects: Page 6 of 30  Annex Ib to EASA Opinion No 01/2019 - Air law, - Human performance, - Meteorology, and - Communications; and - Navigation. (b) specific subjects concerning the different aircraft categories: - Principles of flight, - Operational procedures, - Flight performance and planning, and - Aircraft general knowledge. ’; (19) point FCL.235 is amended as follows: (a) paragraph (a) is replaced by the following: ‘(a) Applicants for a PPL shall demonstrate through the completion of a skill test the ability to perform, as PIC on the appropriate aircraft category, the relevant procedures and manoeuvres with the competency appropriate to the privileges granted.’; (b) paragraph (b) is replaced by the following: ‘(b) An applicant for the skill test shall have received flight instruction on the same class or type of aircraft to be used for the skill test.’; (20) in point FCL.210.A, paragraph (c) is amended as follows: (a) the introductory sentence is replaced by the following: ‘(c) Specific requirements for applicants who hold an SPL issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including privileges to fly TMGs. Applicants for a PPL(A) who hold an SPL with the privileges to fly TMGs shall have completed:’; (b) subparagraph (1) is replaced by the following: ‘(1) at least 24 hours of flight time on TMGs after endorsement of the TMG privileges; and’; (21) in point FCL.210.As, paragraph (b) is replaced by the following: ‘(b) Applicants who hold a BPL issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and are qualified to fly hot-air airships shall be credited with 10 % of their total flight time as PIC on such airships up to a maximum of 5 hours.’; (22) in Subpart C, Sections 5 and 6 are deleted; (23) point FCL.600 is replaced by the following: ‘FCL.600 IR — General Page 7 of 30  Annex Ib to EASA Opinion No 01/2019 Except as provided in FCL.835, operations under IFR on an aeroplane, helicopter, airship or powered-lift aircraft shall only be conducted by holders of a PPL, CPL, MPL and ATPL with an IR appropriate to the category of aircraft or when undergoing skill testing or dual instruction.’; (24) in point FCL.620, a new point (c) is added: ‘(c) Applicants who complete a skill test for a multi-engine IR shall also be issued with a single- engine IR for the single-engine class or type ratings that they hold. (25) in point FCL.700, paragraph (a) is replaced by the following: ‘(a) Holders of a pilot licence shall not act in any capacity as pilots of an aircraft unless they have a valid and appropriate class or type rating, except in any of the following cases: (1) for LAPL; (2) when they take skill tests or proficiency checks for renewal of class or type ratings; (3) when they receive flight instruction; and (4) when they hold a flight test rating issued in accordance with point FCL.820.’; (26) in point FCL.725, the following paragraph (f) is added: ‘(f) An applicant for a class rating for TMGs who also holds an SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including the privileges to fly on TMGs, shall receive full credits towards the requirements in paragraphs (a), (b) and (c).’; (27) point FCL.740.A is amended as follows: (a) paragraph (a)(4) is replaced by the following: ‘(4) The revalidation of a BIR or an IR(A), if held, may be combined with a proficiency check for the revalidation of a class or type rating.’ (b) paragraph (b)(1) is replaced by the following: ‘(1) Single-engine piston aeroplane class ratings and TMG class ratings. For the revalidation of single-pilot single-engine piston aeroplane class ratings or TMG class ratings, the applicant shall:’; (c) a new paragraph (b)(5) is added: ‘(5) The proficiency check for the revalidation of a single-pilot single-engine aeroplane class rating may be combined with the proficiency check for the revalidation of a BIR, in accordance with FCL.835(g)(8).’; (28) point FCL.800 is amended as follows: (a) paragraph (a) is replaced by the following: ‘(a) Holders of a pilot licence with privileges to fly aeroplanes or TMGs shall only undertake aerobatic flights when they hold an aerobatic rating in accordance with this point.’; (b) paragraph (b)(1) is replaced by the following: Page 8 of 30  Annex Ib to EASA Opinion No 01/2019 ‘(1) after the issue of the licence, at least 30 hours of flight time as PIC in aeroplanes or TMGs;’; (c) paragraph (b)(2)(ii) is replaced by the following: ‘(ii) at least 5 hours of aerobatic instruction in aeroplanes or TMGs flown with engine power.’; (d) paragraph (c) is replaced by the following: ‘(c) The privileges of the aerobatic rating shall be limited to aerobatic flight in either aeroplanes or TMGs flown with engine power, depending on which aircraft the requirements of (b)(1) and (b)(2)(ii) were complied with. This limitation shall be lifted upon application when a pilot has successfully completed at least 3 dual training flights in aeroplanes or TMGs flown with engine power, as applicable, covering the full aerobatic training syllabus.’; (e) paragraph (d) is added as follows: ‘(d) Applicants for an aerobatic rating who also hold a TMG class rating as well as advanced aerobatic privileges for sailplanes with privileges as specified in point SFCL.200(d) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 shall: (1) after having complied with the requirements of (b)(1) and (b)(2)(ii) in aeroplanes, be exempted from getting their aerobatic rating limited to aeroplanes, as specified in paragraph (c); or (2) receive full credit towards the requirements in paragraph (b) for the issue of an aerobatic rating restricted to TMGs flown with engine power. This limitation shall be lifted upon application when a pilot has completed the training as specified in paragraph (c).’; (29) point FCL.805 is amended as follows: (a) paragraph (b)(2)(iii) is replaced by the following: ‘(iii) except for holders of an SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, 5 familiarisation flights in a sailplane which is launched by an aircraft.’; (b) paragraph (g) is added: ‘(g) Applicants for a sailplane towing or banner towing rating on TMGs in accordance with this point shall receive full credit towards the requirements of paragraph (b) or (c), as applicable, when they hold a sailplane towing or banner towing rating in accordance with point SFCL.205 of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, or when they have fulfilled all the requirements for the issue of that rating.’; (30) point FCL.810 is amended as follows: (a) paragraph (a)(1) is replaced by the following: ‘(1) If the privileges of an LAPL or a PPL for aeroplanes, TMGs or airships are to be exercised in VFR conditions at night, applicants shall have completed a training course at a DTO or at an ATO. The course shall comprise:’; Page 9 of 30  Annex Ib to EASA Opinion No 01/2019 (b) paragraph (a)(4) is added: ‘(4) Applicants for a night rating for aeroplanes or TMGs in accordance with this subparagraph shall receive full credit towards the requirements of subparagraphs (1) and (2) when they hold a TMG night rating in accordance with point SFCL.210 of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 or when they have fulfilled all the requirements for the issue of that rating.’; (c) paragraph (c) is deleted; (31) in point FCL.815, the introductory sentence of paragraph (a) is replaced by the following: ‘(a) Privileges. The privileges of the holder of a mountain rating are to conduct flights with aeroplanes or TMGs to and from surfaces which are designated by the appropriate authorities designated by the Member States to require such a rating. Holders of an LAPL or a PPL with privileges to fly aeroplanes or TMGs may obtain the initial mountain rating either on:’; (32) point FCL.825 is deleted; (33) point FCL.830 is deleted; (34) point FCL.835 is inserted as follows: ‘FCL.835 Basic instrument rating (BIR) (a) Privileges and conditions (1) The privileges of a BIR holder are to conduct flights under IFR on single-pilot aeroplanes for which class ratings are held, excluding high-performance aeroplanes and aeroplane variants for which operational suitability data has determined that an IR is required. (2) BIR privileges shall only be exercised in accordance with point FCL.205.A. (3) BIR privileges may be exercised at night if the pilot holds a night rating in accordance with point FCL.810. (4) The privileges of a multi-engine BIR shall also be valid on single-engine aeroplanes for which the pilot holds a valid single-engine class rating. (5) The exercise of BIR privileges shall be subject to the following conditions: (i) the decision height (DH) or minimum descent height (MDH) used in aerodrome operating minima shall be at least 200 ft greater than what would otherwise be calculated according to “NCO.OP.110 Aerodrome operating minima — aeroplanes and helicopters” and “NCO.OP.111 Aerodrome operating minima — NPA, APV, CAT I operations”; and (ii) the visibility used in aerodrome operating minima shall not be less than 1 500 m; (iii) the pilot-in-command shall not commence a flight under IFR or undertake a VFR-to-IFR transition, unless: Page 10 of 30  Annex Ib to EASA Opinion No 01/2019 (A) at the aerodrome of departure, the visibility is at least 1 500 m and the cloud ceiling is at least 600 ft, or the published circling minimum applicable to the aeroplane category, whichever is the greater; and (B) at the destination aerodrome and at any required alternate aerodrome the available current meteorological information indicates, for the period from 1 hour before until 1 hour after the estimated time of arrival, or from the actual time of departure to 1 hour after the estimated time of arrival, whichever period is shorter, a visibility of at least 1 500 m and a cloud ceiling of at least 600 ft, or the published circling minimum applicable to the aeroplane category, or the DH/MDH incremented by 200 ft in accordance with (i), whichever is the greater. (b) Prerequisites. Applicants for the BIR shall hold at least a PPL(A). (c) Training course. Applicants for the BIR shall have completed at an ATO: (1) theoretical knowledge instruction in accordance with point FCL.615(a); and (2) flight instruction that: (i) comprises the following instrument flight instruction modules: (A) module 1 — the core flying training module of flight handling skills by sole reference to instruments; (B) module 2 — the applied flying training module of IFR departure, holding, 2D and 3D approach procedures; (C) module 3 — the applied flying training module of en-route IFR flight procedures; and (D) module 4 — if a multi-engine BIR is sought, the applied flying training module with one engine inoperative shall include asymmetric instrument approach and go-around procedures; and (ii) complies with the following requirements: (A) The module specified in paragraph (c)(2)(i)(A) shall be completed first. The modules specified in paragraphs (c)(2)(i)(B) and (c)(2)(i)(C), and, if applicable, (c)(2)(i)(D), may be completed in an order chosen by the applicant. (B) The modules specified in paragraph (c)(2) may be completed in aeroplanes, FSTDs or a combination of these. In any case, the applicant shall receive training in the aeroplane to be used for the skill test. (C) The modules specified in paragraphs (c)(2)(i)(A), (c)(2)(i)(B) and (c)(2)(i)(D) may be commenced outside an ATO but shall be completed at an ATO. The module specified in point (c)(2)(i)(C) may be completed outside an ATO. (D) Prior to commencing the module specified in paragraph (c)(2)(i)(D), a pilot who does not hold a multi-engine aeroplane class or type rating shall have received the multi-engine training specified in Subpart H of this Annex (Part-FCL). (d) Theoretical knowledge. Prior to taking the skill test, the applicant shall demonstrate a level of theoretical knowledge that is appropriate to the privileges granted, through examinations Page 11 of 30  Annex Ib to EASA Opinion No 01/2019 in the subjects referred to in point FCL.615(b). The theoretical knowledge examination shall consist of one examination paper associated with each module as specified in paragraphs (c)(2)(i)(A), (c)(2)(i)(B) and (c)(2)(i)(C). (e) Skill test. After the completion of the training, the applicant shall pass a skill test in an aeroplane in accordance with Appendix 7 to this Annex. For a multi-engine BIR, the skill test shall be taken in a multi-engine aeroplane. For a single-engine BIR, the skill test shall be taken in a single-engine aeroplane. A multi-engine centreline thrust aeroplane shall be considered to be a single-engine aeroplane for the purposes of this paragraph. (f) By way of derogation from paragraph (d), the holder of a single-engine BIR who also holds a multi-engine class rating and who wishes to obtain a multi-engine BIR for the first time shall complete a course of training at an ATO that comprises the training as specified in paragraph (c)(2)(i)(D) and shall pass the skill test referred to in paragraph (e). (g) Validity, revalidation and renewal (1) A BIR shall be valid for 1 year. (2) Applicants for the revalidation of a BIR shall: (i) within a period of 3 months immediately preceding the expiry date of the rating, pass a proficiency check in accordance with Appendix 9 to this Part; or (ii) within 12 months preceding the expiry date of the rating, complete 6 hours as PIC under IFR including 3 instrument approach procedures and complete a training flight of at least 1 hour with an instructor who holds privileges to provide training for the BIR. (3) For each alternate subsequent revalidation, the holder of the BIR shall pass a proficiency check in accordance with paragraph (2)(i) in an aeroplane. (4) If a pilot chooses to fulfil the revalidation requirements specified in paragraph (g)(2)(i) earlier than what is prescribed in that paragraph, the new validity period shall commence from the date of the proficiency check. (5) Applicants who fail to pass the relevant sections of a BIR proficiency check before the expiry date of the BIR shall not exercise the BIR privileges until they have passed the proficiency check. (6) If a BIR has expired, in order to renew their privileges, applicants shall: (i) where necessary to reach the level of proficiency needed, complete refresher training provided by an ATO or, if the BIR is expired for three years or less, by an instructor who holds privileges to provide training for the BIR; and (ii) pass a proficiency check in an aeroplane. (7) For a multi-engine BIR, the proficiency check for the revalidation or renewal as well as the flying training required in paragraph (g)(2)(ii) shall be completed in a multi- engine aeroplane. (8) The proficiency check for the revalidation or renewal of a BIR may be combined with a proficiency check for the revalidation or renewal of a single-pilot aeroplane class rating on which BIR privileges may be exercised in accordance with point FCL.835(a)(1). (h) Applicants for the BIR who hold a Part-FCL PPL or CPL and a valid IR(A) issued in accordance with the requirements of Annex 1 to the Chicago Convention by a third country Page 12 of 30  Annex Ib to EASA Opinion No 01/2019 may be credited in full towards the training course referred to in paragraph (c)(2). In order to be issued with the BIR, the applicants shall: (1) successfully complete the skill test referred to in paragraph (e); (2) demonstrate orally to the examiner during the skill test that they have acquired an adequate level of theoretical knowledge of air law, meteorology, and flight planning and performance; and (3) have, at a minimum, experience of at least 25 hours of flight time under IFR as PIC on aeroplanes. (j) The holder of an IR shall receive full credits for the requirement in paragraph (c)(2).’; (35) point FCL.915(c)(1) is replaced by the following: ‘(c) Credit towards further instructor certificates and for the purpose of revalidation: (1) Full credit towards the teaching and learning skills may be granted to: (i) holders of an instructor certificate who apply for further instructor certificates; and (ii) applicants for an instructor certificate who already hold an instructor certificate issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (36) point FCL.905.FI is amended as follows: (a) paragraph (a) is replaced by the following: ‘(a) a PPL and LAPL in the appropriate aircraft category;’; (b) paragraph (b) is replaced by the following: ‘(b) class and type ratings for single-pilot, single-engine aircraft, except for single-pilot high-performance complex aeroplanes;’; (c) paragraph (g) is replaced by the following: ‘(g) a towing or aerobatic rating, provided that such privileges are held and the FI has demonstrated the ability to instruct for that rating to an FI who is qualified in accordance with point (i);’; (d) in paragraph (h), both the introductory phrase and paragraph (h)(1) are replaced by the following: ‘(h) a BIR or an IR in the appropriate aircraft category, provided that they have: (1) in the case of providing training for an IR, at least 200 hours of flight time under IFR, of which up to 50 hours may be instrument ground time in an FFS, an FTD 2/3 or an FNPT II;’; (e) paragraph (j)(1) is replaced by the following: ‘(1) completed at least 500 hours of flight instruction in the appropriate aircraft category;’; Page 13 of 30  Annex Ib to EASA Opinion No 01/2019 (37) point FCL.910.FI is amended as follows: (a) paragraph (a)(1) is replaced by the following: ‘(1) for the issue of the PPL and LAPL;’; (b) paragraph (a)(3) is replaced by the following: ‘(3) for class and type ratings for single-pilot, single-engine aircraft, except for single-pilot high-performance complex aeroplanes;’; (c) paragraph (c)(3) is replaced by the following: ‘(3) for the FI(As), 15 hours or 50 take-offs of flight instruction covering the full training syllabus for the issue of a PPL(As).’; (38) in point FCL.915.FI, paragraphs (e) and (f) are deleted; (39) point FCL.930.FI is amended as follows: (a) paragraph (b)(2) is replaced by the following: ‘(2) at least 100 hours of theoretical knowledge instruction, including progress tests;’; (b) paragraph (b)(3)(ii) is replaced by the following: ‘(ii) in the case of an FI(As), at least 20 hours of flight instruction, of which 15 hours shall be dual flight instruction.’; (c) paragraphs (b)(3)(iii), (iv) and (v) are deleted; (40) point FCL.940.FI is amended as follows: (a) paragraph (a)(1)(i) is replaced by the following: ‘(i) in the case of an FI(A) and an FI(H), at least 50 hours of flight instruction in the appropriate aircraft category during the period of validity of the certificate as FIs, TRIs, CRIs, IRIs, MIs or examiners. If the privileges to instruct for the BIR and the IR are to be revalidated, 10 of these 50 hours shall be flight instruction for an IR or BIR and shall have been completed within the last 12 months immediately preceding the expiry date of the FI certificate;’; (b) paragraphs (a)(1)(i)(C) and (D) are deleted; (c) paragraph (b)(2) is replaced by the following: ‘(b) For at least each alternative subsequent revalidation, in the case of FI(A) or FI(H), or each third revalidation, in the case of FI(As), the holder shall have to pass an assessment of competence in accordance with point FCL.935.’; (41) in point FCL.905.TRI, paragraph (a) is replaced by the following: ‘(a) the revalidation and renewal of an IR, provided the TRI holds a valid IR;’; (42) in point FCL.905.IRI, paragraph (a) is replaced by the following: ‘(a) The privileges of IRIs are to instruct for the issue, revalidation and renewal of a BIR and an IR in the appropriate aircraft category.’; Page 14 of 30  Annex Ib to EASA Opinion No 01/2019 (43) in point FCL.905.STI, paragraph (a)(2) is replaced by the following: ‘(2) the issue, revalidation or renewal of a BIR and an IR and a class or type rating for single-pilot aircraft, except for single-pilot high-performance complex aeroplanes.’; (44) in point FCL.1005.FE, paragraphs (d) and (e) are deleted. (45) in point FCL.1005.TRE, paragraph (a)(2) is replaced by the following: ‘(2) proficiency checks for the revalidation or renewal of type ratings and IRs;’; (46) in point FCL.1005.CRE, paragraph (b)(4) is replaced by the following: ‘(3) revalidation and renewal of BIRs, provided that the CRE has completed: (i) 1 500 hours of flight time as a pilot of aeroplanes; and (ii) 450 hours of flight time under IFR; and’; (47) point FCL.1005.IRE is replaced by the following: ‘FCL.1005.IRE IRE — Privileges The privileges of holders of an instrument rating examiner (IRE) certificate are to conduct skill tests for the issue and proficiency checks for the revalidation or renewal of BIRs and IRs.’; (48) in point FCL.1005.FIE, paragraph (c) is amended as follows: ‘(c) FIE(As). The privileges of an FIE on airships are to conduct assessments of competence for the issue, revalidation or renewal of instructor certificates of airships, provided that the relevant instructor certificate is held.’; (49) in point FCL.1010.FIE, paragraphs (d) and (e) are deleted; (50) Appendix 1 is amended as follows: (a) point 1 is replaced by the following: ‘1. LAPL and PPL’; (b) paragraph 1.1. and 1.2. are replaced by the following: ‘1.1. For the issue of an LAPL, the holder of an LAPL in another category of aircraft shall be fully credited with theoretical knowledge on the common subjects established in point FCL.120(a). 1.2. For the issue of an LAPL or a PPL, holders of a PPL, CPL or ATPL in another category of aircraft shall be fully credited with theoretical knowledge on the common subjects established in point FCL.215(a). This credit shall also apply to applicants for an LAPL or a PPL who hold a BPL issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or an SPL issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, except that the subject ‘navigation’ shall not be credited.’; (c) paragraph 1.2a. is deleted; Page 15 of 30  Annex Ib to EASA Opinion No 01/2019 (d) paragraph 1.3 is replaced by the following: ‘1.3. For the issue of a PPL, the holder of an LAPL in the same category of aircraft shall be credited in full towards the theoretical knowledge instruction and examination requirements.’; (e) paragraph 1.4 is replaced by the following: ‘1.4 By way of derogation from paragraph 1.2, for the issue of an LAPL(A), the holder of an SPL issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 with privileges to fly TMGs shall demonstrate an adequate level of theoretical knowledge for the single-engine piston aeroplane-land class in accordance with FCL.135.A(a)(2).’; (f) paragraph 4.1 is replaced by the following: ‘4.1 An applicant for an IR, or for a BIR when seeking credit under FCL.035(b)(3)(ii), who has passed the relevant theoretical examinations for a CPL in the same aircraft category is credited towards the theoretical knowledge requirements in the following subjects: — Human Performance, — Meteorology.’; (51) Appendix 3 is amended as follows: (a) in Chapter A, the paragraph following point 9(e)(3)(ii) is replaced by the following: ‘An applicant holding a BIR or a course completion certificate for the Basic Instrument Flight Module shall be credited with up to 10 hours towards the required instrument instruction time. Hours done in a BITD shall not be credited.’; (b) in Chapter C, the paragraph following point 8(e)(2)(ii) is replaced by the following: ‘An applicant holding a BIR or a course completion certificate for the Basic Instrument Flight Module shall be credited with up to 10 hours towards the required instrument instruction time. Hours done in a BITD shall not be credited.’; (c) in Chapter D, point 8(e) is replaced by the following: ‘(e) 10 hours of instrument flight instruction, of which up to 5 hours may be instrument ground time in an FNPT I, FTD 2, FNPT II or FFS. An applicant holding a BIR or a course completion certificate for the Basic Instrument Flight Module shall be credited with up to 10 hours towards the required instrument instruction time. Hours done in a BITD shall not be credited;’; (d) in Chapter E, point 9 is replaced by the following: ‘9. Applicants holding a valid IR(A) shall be fully credited towards the dual instrument instruction time. Applicants holding a valid IR(H) shall be credited up to 5 hours of the dual instrument instruction time, in which case at least 5 hours dual instrument instruction time shall be given in an aeroplane. An applicant holding a BIR or a Course Completion Certificate for the Basic Instrument Flight Module shall be credited with up to 10 hours towards the required instrument instruction time.’; (e) in Chapter E, point 12(c) is replaced by the following: ‘(c) 10 hours of instrument flight instruction, of which up to 5 hours may be instrument ground time in an FNPT I, or FNPT II or FFS. An applicant holding a BIR or a course Page 16 of 30  Annex Ib to EASA Opinion No 01/2019 completion certificate for the Basic Instrument Flight Module shall be credited with up to 10 hours towards the required instrument instruction time. Hours done in a BITD shall not be credited;’; (52) In Appendix 6, Chapter A is amended as follows: (a) paragraph 2 is replaced by the following: ‘2. An applicant for a modular IR(A) course shall be the holder of a PPL(A) or a CPL(A). An applicant for the Procedural Instrument Flight Module, who does not hold a CPL(A), shall be holder of a BIR or of a Course Completion Certificate for the Basic Instrument Flight Module.’; (b) paragraph 10.1 is replaced by the following: ’10.1. The holder of a CPL(A), of a BIR, or of a Course Completion Certificate for the Basic Instrument Flight Module may have the total amount of training required in paragraphs 7 or 8 above reduced by 10 hours.’; (53) In Appendix 6, Chapter Aa is amended as follows: (a) paragraphs 9 and 10 are renumbered to 11 and 12; (b) paragraphs 9 and 10 are inserted as follows: ‘9. Applicants for the competency-based modular IR(A) who hold a BIR in accordance with FCL.835, and who have received at least 10 hours of instrument flight time under instruction at an ATO, may be credited in full towards the training course mentioned in paragraph 4, provided that all competency-based instrument rating topics have been included, as assessed by the ATO that provides the competency-based modular flying training course. 10. Applicants for the competency-based modular IR(A) who hold a BIR and have, at a minimum, experience of at least 50 hours of flight time under IFR as PIC on aeroplanes, shall: (a) at an ATO: (i) be assessed as having an acceptable standard of competency-based instrument rating theoretical knowledge; (ii) receive appropriate flight training to extend IFR privileges in accordance with FCL.605.IR(a); (b) after completion of (a); (i) successfully complete the skill test for the IR(A) in accordance with Appendix 7; (ii) demonstrate orally to the examiner during the skill test that they have acquired an adequate level of theoretical knowledge of air law, meteorology, and flight planning and performance.’; (54) Appendix 7 is amended as follows: (a) the title is replaced by ‘BIR and IR skill test’; (b) paragraph 1 is replaced by the following: Page 17 of 30  Annex Ib to EASA Opinion No 01/2019 ‘1. An applicant shall have received instruction on the same class or type of aircraft to be used in the test which shall be appropriately equipped for the training and testing purposes.’; (b) paragraph 7 is replaced by the following: ‘9. An applicant shall indicate to the examiner the checks and duties carried out, including the identification of radio facilities. The examiner shall take no part in the operation of the aircraft, except when intervention is necessary in the interests of safety or to avoid unacceptable delay to other traffic. Responsibility for the flight shall be allocated in accordance with national regulations.’; (55) the title of Appendix 9 replaced by ‘Training, skill test and proficiency check for MPL, ATPL, type and class ratings, and proficiency check for BIR and IR’. Page 18 of 30  Annex Ib to EASA Opinion No 01/2019 ANNEX II Amendments to Annex III to Commission Regulation (EU) No 1178/2011 (1) In point 7 of Section A, the introductory sentence is replaced by the following: ‘7. By way of derogation from the provisions of the points above, Member States may, for, competition flights or display flights of limited duration, accept a licence issued by a third country allowing the holder to exercise the privileges of a PPL as specified in Annex I, a BPL as specified in Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or an SPL as specified in Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, provided:’; (2) in point 8 of Section A, the introductory sentence is replaced by the following: ‘8. By way of derogation from the provisions of the points above, Member States may accept a licence which is equivalent to one of those referred to in point 7 and issued in compliance with the requirements of Annex 1 to the Chicago Convention by a third country for a maximum of 28 days per calendar year for specific non-commercial tasks, provided the applicant:’; (3) point 1 of Section B is replaced by the following: ‘1. The competent authority of a Member State may convert a licence which is issued in compliance with the requirements of Annex 1 to the Chicago Convention by a third country and which is: (a) a licence equivalent to those specified in point 7; or (b) a CPL or an ATPL, into a PPL in accordance with Annex I (Part-FCL) with a single-pilot class or type rating, a BPL in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or an SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (4) point 2 of Section B is amended as follows: (a) paragraph (b) is replaced by the following: ‘(b) pass the PPL, BPL or SPL skill test, as relevant, in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976;’; (b) paragraph (d) is replaced by the following: ‘(d) hold a medical certificate, as required and issued in accordance with Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011;’ Page 19 of 30  Annex Ib to EASA Opinion No 01/2019 ANNEX III Amendments to Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011 Point MED.A.030 is amended as follows: (a) paragraph (c) is replaced by the following: ‘(c) When exercising the privileges of (a): (1) light aircraft pilot licence (LAPL), a balloon pilot licence (BPL) issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or a sailplane pilot licence (SPL) issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, the pilot shall hold at least a valid LAPL medical certificate; (2) private pilot licence (PPL), the pilot shall hold at least a valid class 2 medical certificate; (3) BPL for the purpose of: (i) commercial passenger ballooning, the pilot shall hold at least a valid class 2 medical certificate; (ii) commercial operation other than commercial passenger ballooning, with more than 4 persons on board the aircraft, the pilot shall hold at least a valid class 2 medical certificate; (4) SPL for the purpose of commercial sailplane operations other than those specified in Article 3(2) of Commission Implementing Regulation (EU) YYYY/XX, the pilot shall hold at least a valid class 2 medical certificate; (5) a commercial pilot licence (CPL), a multi-crew pilot licence (MPL) or an airline transport pilot licence (ATPL), the pilot shall hold a valid class 1 medical certificate.’; (b) paragraph (e) is replaced by the following: ‘(e) If an instrument rating or basic instrument rating is added to a PPL, the licence holder shall undergo pure tone audiometry examinations in accordance with the periodicity and the standard required for class 1 medical certificate holders.’ Page 20 of 30  Annex Ib to EASA Opinion No 01/2019 ANNEX IV Amendments to Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011 (1) In point ARA.GEN.220, paragraph (b) is replaced by the following: ‘(b) The competent authority shall establish and keep up to date a list of all organisation certificates, FSTD qualification certificates and personnel licences, certificates and attestations it issued, DTO declarations it received, and the DTO training programmes it verified or approved for compliance with Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (2) point ARA.GEN.350 is amended as follows: (a) the introductory sentence of paragraph (da) is replaced by the following: ‘(da) By way of derogation from paragraphs (a) to (d), in the case of DTOs, if during oversight or by any other means the competent authority finds evidence that indicates DTO non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and of Annex III (Part- SFCL) to Commission Implementing Regulation (EU) 2018/1976, the competent authority shall:’; (b) paragraph (e) is replaced by the following: ‘(e) By way of derogation from any additional enforcement measures, when the authority of a Member State that acts in accordance with point ARA.GEN.300(d) identifies any non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 by an organisation certified by, or having made a declaration to, the competent authority of another Member State or the Agency, it shall inform that competent authority of that non-compliance.’; (3) in point ARA.FCL.200, a new paragraph (e) is added: ‘(e) Instructors for FI(B) or FI(S) certificates: The competent authority shall develop appropriate procedures for the conduct of the training flights under supervision, as specified in: (1) points BFCL.315(a)(5)(ii) and BFCL.360(a)(2) of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395; and (2) points SFCL.315(a)(7)(ii) and SFCL.360(a)(2) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; Page 21 of 30  Annex Ib to EASA Opinion No 01/2019 (4) in point ARA.FCL.250(a), subparagraph (3) is replaced by the following: ‘(3) the licence holder no longer complies with the applicable requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976;’; (5) in point ARA.FCL.300, paragraph (a) is replaced by the following: ‘(a) The competent authority shall put in place the necessary arrangements and procedures to allow applicants to take theoretical knowledge examinations in accordance with the applicable requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (6) in point ARA.DTO.100, paragraph (b) is replaced by the following: ‘(b) If the declaration does not contain the required information, or contains information that indicates a non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, the competent authority shall act in accordance with point ARA.GEN.350(da).’; (7) in point ARA.DTO.110, paragraph (a) is replaced by the following: ‘(a) Upon receiving the training programmes of a DTO, and any changes thereto, notified to it in accordance with point DTO.GEN.115(c) of Annex VIII (Part-DTO) or the application for approval of the training programmes of a DTO submitted to it in accordance with point DTO.GEN.230(c) of that Annex, the competent authority shall verify the compliance of those training programmes with the requirements of Annex I (Part-FCL), Annex III (Part- BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.’; (8) Appendix I to Annex VI (Part-ARA) is amended as follows: (a) the introductory sentence after the heading ‘Flight crew licence’ is replaced by the following: ‘The flight crew licence issued by a Member State in accordance with Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part- SFCL) to Commission Implementing Regulation (EU) 2018/1976 shall conform to the following specifications:’; (b) paragraph (a)(1)(III) is replaced by the following: ‘(III) serial number of the licence commencing with the UN country code of the State of licence issue and followed by ‘FCL’, ‘BFCL’ or ‘SFCL’, as applicable, and a code of numbers and/or letters in Arabic numerals and in Latin script;’; (c) paragraph (a)(2)(XII) is replaced by the following: ‘(XII) ratings, certificates and, in the case of balloons and sailplanes, privileges: class, type, instructor certificates, etc., with dates of expiry, as applicable. Radio telephony (R/T) privileges may appear on the licence or on a separate certificate;’; Page 22 of 30  Annex Ib to EASA Opinion No 01/2019 (d) the template following paragraph (c), with the heading ‘Cover page’ (EASA Form 141 Issue 2), is amended as follows: (i) the phrase ‘Issued in accordance with Part-FCL’ is replaced by the following: ‘Issued in accordance with Part-FCL / Part-BFCL / Part-SFCL (non-applicable terms to be deleted)’; (ii) the phrase ‘This licence complies with ICAO standards, except for the LAPL and EIR privileges’ is replaced by the following: ‘This licence complies with ICAO standards, except for the LAPL and BIR privileges or when accompanied by an LAPL medical certificate’; (e) in the template following the heading ‘Page 2’, the phrase ‘Serial number of the licence will always commence with the UN country code of the State of the licence issue, followed by ‘FCL.’ (remark associated with field No III — Licence number) is replaced by the following: ‘Serial number of the licence will always commence with the UN country code of the State of the licence issue, followed by “FCL.”, “BFCL.” or “SFCL.”, as applicable.’; (f) the template following the heading ‘Page 3’ is amended as follows: (i) the phrase ‘Abbreviations used will be as used in Part-FCL (e.g. PPL(H), ATPL(A), etc.)’ (text associated with field No II — Title of the licence, date of initial issue and country code) is replaced by the following: ‘Abbreviations used will be as those used in Part-FCL (e.g. PPL(H), ATPL(A), etc.), Part-BFCL and Part-SFCL’; (ii) after the phrase ‘In case of LAPL: LAPL not issued in accordance with ICAO standards’ (text associated with field No XIII – Remarks), the following text is added: ‘In case of SPL, except for the cases referred to in Article 3b(2b) of Commission Implementing Regulation (EU) 2018/1976: Privileges for aerobatic and sailplane cloud flying as well as for launching methods to be exercised in accordance with points SFCL.155, SFCL.200 and SFCL.215 of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.’ Page 23 of 30  Annex Ib to EASA Opinion No 01/2019 (9) Appendix III to Annex VI (Part-ARA) is amended as follows: CERTIFICATE FOR APPROVED TRAINING ORGANISATIONS (ATOs) European Union * Competent Authority APPROVED TRAINING ORGANISATION CERTIFICATE [CERTIFICATE NUMBER/REFERENCE] Pursuant to Commission Regulation (EU) No 1178/2011 [and Commission Regulation (EU) 2018/395 / Commission Implementing Regulation (EU) 2018/1976 (ADJUST AS APPLICABLE)] and subject to the conditions specified below, the [Competent Authority] hereby certifies [NAME OF THE TRAINING ORGANISATION] [ADDRESS OF THE TRAINING ORGANISATION] as a Part-ORA certified training organisation with the privilege to provide Part-FCL training courses, including the use of FSTDs, as listed in the attached training course approval / Part-BFCL training courses / Part-SFCL training courses [ADJUST AS APPLICABLE]. CONDITIONS: This certificate is limited to the privileges and the scope of providing the training courses, including the use of FSTDs, as listed in the attached training course approval. This certificate is valid whilst the approved organisation remains in compliance with Part-ORA, Part-FCL, Part-BFCL, Part-SFCL [ADJUST AS APPLICABLE] and other applicable regulations. Subject to compliance with the foregoing conditions, this certificate shall remain valid unless it has been surrendered, superseded, limited, suspended or revoked. Date of issue: Signed: [Competent Authority] * ‘European Union’ to be deleted for non-EU Member States EASA FORM 143 Issue 2 — Page 1/2 Page 24 of 30  Annex Ib to EASA Opinion No 01/2019 APPROVED TRAINING ORGANISATION CERTIFICATE TRAINING COURSE APPROVAL Attachment to ATO Certificate Number: [CERTIFICATE NUMBER/REFERENCE] [NAME OF THE TRAINING ORGANISATION] has obtained the privilege to provide and conduct the following Part-FCL / Part-BFCL / Part-SFCL [ADJUST AS APPLICABLE] training courses and to use the following FSTDs: Training course FSTD(s) used, including letter code (1) (1) as indicated on the qualification certificate This training course approval is valid as long as: (a) the ATO certificate has not been surrendered, superseded, limited, suspended or revoked; and (b) all operations are conducted in compliance with Part-ORA, Part-FCL, Part-BFCL, Part-SFCL [ADJUST AS APPLICABLE], other applicable regulations, and, when relevant, with the procedures in the organisation’s documentation as required by Part-ORA. Date of issue: Signed: [Competent Authority] For the Member State/EASA EASA FORM 143 Issue 2 — Page 2/2 Page 25 of 30  Annex Ib to EASA Opinion No 01/2019 (10) Appendix VIII to Annex VI (Part-ARA) is replaced by the following: Training programme approval for a declared training organisation (DTO) European Union (*) Competent authority Issuing authority: Name of DTO: DTO reference number: Training programme(s) approved: Doc reference: Remarks: Examiner standardisation — FE(S), FE(B) (**) Examiner refresher course — FE(S), FE(B) (**) The above-mentioned training programme(s) has (have) been verified by the above- mentioned competent authority and found to be in compliance with the requirements of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part- BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976. Date of issue: Signed: [competent authority] (*) ‘European Union’ to be deleted for non-EU Member States. (**) To be adjusted as applicable. EASA Form XXX Issue 2 — Page 1/1’. Page 26 of 30  Annex Ib to EASA Opinion No 01/2019 ANNEX V Amendments to Annex VII (Part-ORA) to Commission Regulation (EU) No 1178/2011 (1) Point ORA.ATO.110 is amended as follows: (a) in paragraph (b), subparagraph (1) is replaced by the following: ‘(1) ensuring that the training provided is in compliance with Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, and, in the case of flight test training, that the relevant requirements of Annex I (Part 21) to Commission Regulation (EU) No 748/2012 and the training programme have been established;’; (b) paragraph (d) is replaced by the following: ‘(d) Flight instructors and flight simulation training instructors shall hold the qualifications required by Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 for the type of training they provide.’; (2) in point ORA.ATO.125, paragraph (b) is replaced by the following: ‘(b) The training programme shall comply with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, and, in the case of flight test training, the relevant requirements of Annex I (Part 21) to Commission Regulation (EU) No 748/2012.’ Page 27 of 30  Annex Ib to EASA Opinion No 01/2019 ANNEX VI Amendments to Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011 (1) Point DTO.GEN.110 is amended as follows: (a) paragraphs (a)(3) and (4) are replaced by the following: ‘(3) for sailplanes, in accordance with the requirements of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976: (a) theoretical knowledge instruction for the SPL; (b) flight instruction for the SPL; (c) training towards extension of privileges to sailplanes or TMGs in accordance with point SFCL.150; (d) training towards additional launching methods in accordance with point SFCL.155; (e) training towards additional ratings and privileges: basic aerobatic and advanced aerobatic privileges, sailplane and banner towing rating, TMG night rating, and sailplane cloud flying privileges; (f) training towards flight instructor certificate for sailplanes (FI(S)); (g) FI(S) refresher course.’; (4) for balloons, in accordance with the requirements of Annex III (Part-BFCL) to Commission Implementing Regulation (EU) 2018/1976: (a) theoretical knowledge instruction for the BPL; (b) flight instruction for the BPL; (c) training towards class or group extension in accordance with point BFCL.150; (d) training towards additional ratings: tethered hot-air balloon flight, night, and commercial operation rating; (g) training towards flight instructor certificate for balloons (FI(B)); (h) FI(B) refresher course.’; (b) paragraph (b) is replaced by the following: ‘(b) A DTO shall be entitled to also provide the examiner courses referred to in points BFCL.430 and BFCL.460(b)(1) of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 for FE(B), as well as in points SFCL.430 and SFCL.460(b)(1) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 for FE(S), provided that the DTO has submitted a declaration in accordance with point DTO.GEN.115 and the competent authority has approved the training programme in accordance with point DTO.GEN.230(c).’; Page 28 of 30  Annex Ib to EASA Opinion No 01/2019 (2) in point DTO.GEN.115(a), subparagraph (8) is replaced by the following: ‘(8) a statement that confirms that the DTO complies and will, during all training activities covered by the declaration, continue to comply with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation and with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (3) point DTO.GEN.210 is amended as follows: (a) paragraph (a)(2)(i) is replaced by the following: ‘(i) that the training provided complies with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Regulation (EU) 2018/1976 and with the DTO’s training programme;’; (b) paragraph (e) is replaced by the following: ‘(e) Flight instructors and flight simulation training instructors shall hold the qualifications required by Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 for the type of training they provide.’; (4) point DTO.GEN.230 is amended as follows: (a) paragraph (b) is replaced by the following: ‘(b) The training programmes shall comply with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.’; (b) paragraph (c) is replaced by the following: ‘(c) A DTO shall be entitled to provide the training referred to in point DTO.GEN.110(b) only when its training programme for that training, and any changes thereto, have been issued by the competent authority, upon application by the DTO, with an approval in accordance with point ARA.DTO.110, confirming that the training programme and any changes thereto comply with the requirements of Annex I (Part- FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable. A DTO shall apply for such approval through the submission of its declaration in accordance with point DTO.GEN.115.’; Page 29 of 30  Annex Ib to EASA Opinion No 01/2019 (5) in Appendix 1 to Annex VIII, Section 9 of the declaration form is replaced by the following: ‘9. Statement The DTO has developed a safety policy in accordance with Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011, and in particular with point DTO.GEN.210(a)(1)(ii) thereof, and will apply that policy during all training activities covered by the declaration. The DTO complies and will, during all training activities covered by the declaration, continue to comply with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part- FCL) and Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011, and with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976. We confirm that all information contained in this declaration, including its annexes (if applicable), is complete and correct. Name, date and signature of the representative of the DTO Name, date and signature of the head of training of the DTO’ Page 30 of 30 EUROPEAN COMMISSION Brussels, XXX […](2019) XXX draft Annex IIa to EASA Opinion No 01/2019 COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX amending Commission Regulation (EU) 2018/395 as regards balloon pilot licences EN EN  DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/… of XXX amending Commission Regulation (EU) 2018/395 as regards balloon pilot licences THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Articles 23 and 27 thereof, Whereas: (1) The European Commission is to adopt the necessary implementing rules for establishing the requirements for balloon pilot licences in accordance with Regulation (EU) 2018/1139, where such aircraft meet the conditions specified in points (b)(i) and (ii) of Article 2(1) of that Regulation. (2) In light of the specific nature of flight crew licensing for balloons, there is a need for dedicated licensing requirements that are laid down in self-standing regulations. Those rules should be based on the general rules for flight crew licensing that are laid down in Commission Regulation (EU) No 1178/2011 (2), but they should be restructured and simplified, so as to ensure that they are proportionate and founded on a risk-based approach, whilst ensuring that balloon pilots are and continue to be competent to carry out their activities and to discharge their responsibilities. (3) These new licensing requirements for balloon pilots should be added to Commission Regulation (EU) 2018/395 (3). At the same time, the licensing requirements that are related to balloon pilot licences and are laid down in Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 should be deleted, and those requirements of Annex I (Part-FCL) that address cross-domain issues, such as crediting provisions between balloon pilot licences and licences for other aircraft categories, should be revised in order to consider the new licensing requirements for balloons. (4) Pursuant to Article 12(2a)(3) of Commission Regulation (EU) No 1178/2011, Member States may apply national licensing rules that provide access to basic pilot privileges until 8 April 2020. Some Member States have reported to the European Commission and the European Union Aviation Safety Agency that, in this context, authorising ( 1) OJ L 212, 22.8.2018, p. 1. ( 2) 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 (OJ L 311, 25.11.2011, p. 1). ( 3) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10). EN 1 EN  student pilots to exercise limited privileges without supervision and thereby obtain basic privileges on a step-by-step basis supports the promotion of aerial sports and recreational activities by offering easy and more affordable access to flying. Promoting and enabling such easier access to general aviation is in line with the objectives of the General Aviation Road Map that aims to create a more proportional, flexible and proactive regulatory system (4). For these reasons, Member States should be given the discretion to continue with such modular training routes which should be credited for the issue of a balloon pilot licence (BPL). Member States should be obliged to inform the European Commission and the European Union Aviation Safety Agency if they make use of such authorisations. They should also monitor the use of such authorisations in order to maintain an acceptable level of aviation safety. (5) In order to ensure a smooth transition and to avoid as much as possible any disruptions when introducing the new, specific regulatory framework for balloon flight crew licensing laid down in this Regulation, any certificates, authorisations and approvals issued to balloon pilots in accordance with Commission Regulation (EU) No 1178/2011 prior to the date of application of this Regulation should continue to be valid. National balloon pilot licences issued prior to the date of application of this Regulation should be converted into licences, issued in accordance with this Regulation, through conversion reports established by the Member States in consultation with the European Union Aviation Safety Agency. (6) Credit should be granted for balloon pilot training that commenced prior to the date of application of this Regulation. As the new balloon pilot training requirements that are introduced with this Regulation are equally or less demanding compared to the so far applicable requirements of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, training in accordance with Annex I (Part-FCL) should be fully credited. Credit for training that commenced in accordance with Annex 1 to the Chicago Convention should be determined through credit reports established by the Member States. (7) It should be possible for Member States to accept balloon licences that are issued by third countries. Based on the requirements of the so far applicable Article 8 of Commission Regulation (EU) No 1178/2011, the conditions for accepting third-country balloon pilot licences should be laid down. (8) The requirements of Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011 should continue to apply to balloon flight crew licensing as, in the context of making the regulatory framework for balloons simpler, lighter and better, there is no need for amendments with regard to these Annexes. Existing training organisations should be given the appropriate time to adapt their training programmes, where necessary, in the context of the simplified training requirements. (9) The European Union Aviation Safety Agency has prepared draft implementing rules and submitted them with Opinion No 01/2019 (5) to the European Commission in accordance with points (b) and (c) of Article 75(2) and with Article 76(1) of Regulation (EU) 2018/1139. (10) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation 2018/1139, ( 4) https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map ( 5) https://www.easa.europa.eu/document-library/opinions EN 2 EN  HAS ADOPTED THIS REGULATION: Article 1 Commission Regulation (EU) 2018/395 is amended as follows: (1) the title of Commission Regulation (EU) 2018/395 is replaced by the following: ‘Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of as well as the flight crew licensing for balloons pursuant to Regulation (EU) 2018/1139’; (2) in Article 1, paragraph 1 is replaced by the following: ‘1. This Regulation lays down detailed rules for air operations with balloons as well as for issuing and maintaining pilot licences and associated ratings, privileges and certificates for balloons, where such aircraft meet the conditions laid down in points (b)(i) and (ii) of Article (2)(1) of Regulation (EU) 2018/1139.’; (3) Article 2 is amended as follows: (a) the introductory sentence is replaced by the following: ‘For the purpose of this Regulations, the following definitions and, unless terms are defined otherwise in this Article, the definitions of Article 2 of Commission Regulation (EU) No 1178/2011 apply:’ (b) the following point (7a) is inserted: ‘(7a) “commercial operation” means any operation of a balloon, in return for remuneration or other valuable consideration, which is available for the public or, when not made available to the public, is performed under a contract between an operator and a customer, where the latter has no control over the operator;’; (c) point (10) is replaced by the following: ‘(10) “introductory flight” means any air operation, against remuneration or other valuable consideration, that consists of an air tour of short duration for the purpose of attracting new trainees or new members, performed either by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011 (6) or by an organisation established with the aim of promoting aerial sport or leisure aviation;’; (d) point (12) is replaced by the following: ‘(12) “dry lease agreement” means an agreement between undertakings pursuant to which the balloon is operated under the responsibility of the lessee;’; (e) the following points (13) to (15) are added: ‘(13) “national licence” means a pilot licence issued by a Member State in accordance with national legislation before the date of application of (6) 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 (OJ L 311, 25.11.2011, p. 1). EN 3 EN  Annex III (Part-BFCL) to this Regulation or of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011; (14) “Part-BFCL licence” means a flight crew licence which complies with the requirements of Annex III (Part-BFCL) to this Regulation; (15) “conversion report” means a report on the basis of which a licence may be converted into a Part-BFCL licence;’; (4) Article 3 is amended as follows: (a) in paragraph (2), the first subparagraph is replaced by the following: ‘2. In accordance with point (a) of Article 30(1) of Regulation (EU) 2018/1139 operators of balloons shall engage in commercial operations only after having declared to the competent authority their capacity and means to discharge the responsibilities associated with the operation of the balloon.’; (b) in paragraph (2), the second subparagraph is deleted; (c) in paragraph (2), the introductory sentence of the third subparagraph is replaced by the following: ‘The first subparagraph shall not apply to the following operations with balloons:’; (d) in paragraph (2), points (c) and (d) are replaced by the following: ‘(c) introductory flights with four individuals or less, including the pilot, and flights for the purposes of parachute dropping, performed either by a training organisation that has its principal place of business in a Member State and referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created for the purposes of promoting aerial sport or leisure aviation, provided that the organisation operates the balloon on the basis of either ownership or a dry lease agreement, that the flight does not generate profits distributed outside the organisation and that such flights represent only a marginal activity of the organisation; (d) training flights performed by a training organisation referred to in Article 10a of Regulation (EU) No 1178/2011 and has its principal place of business in a Member State.’; (5) after Article 3, the following Articles 3a to 3e are inserted: ‘Article 3a Pilot licences and medical certification 1. Without prejudice to Article 3d of this Regulation, pilots of aircraft referred to in Article 1(1) shall comply with the technical requirements and administrative procedures laid down in Annex III (Part-BFCL) to this Regulation and in Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. 2. As an exception to the privileges of the holders of licences as defined in Annex III (Part-BFCL) to this Regulation, holders of such licences may carry out flights referred to in Article 3(2)(a) to (d) without complying with point BFCL.215 of Annex III (Part-BFCL) to this Regulation. 3. A Member State may authorise student pilots who follow a BPL training course to exercise limited privileges without supervision before they meet all the EN 4 EN  requirements that are necessary for the issue of a BPL in accordance with Annex III (Part-BFCL) to this Regulation, subject to the following conditions: (a) the scope of the privileges granted shall be based on a safety risk assessment carried out by the Member State, taking into account the extent of training necessary for the intended level of pilot competence to be achieved; (b) the privileges shall be limited to the following: (i) the whole or part of the national territory of the authorising Member State; and (ii) balloons that are registered in the authorising Member State; (c) the holder of such an authorisation who applies for the issue of a balloon pilot licence (BPL) shall receive credits for training conducted under the authorisation on the basis of a recommendation from an approved training organisation (ATO) or a declared training organisation (DTO); (d) the Member State shall submit reports and safety risk assessments to the European Commission and the European Union Aviation Safety Agency every 3 years; (e) the Member State shall monitor the use of authorisations issued under this paragraph to ensure an acceptable level of aviation safety and take appropriate action in case of identifying an increased safety risk or any safety concerns. Article 3b Existing pilot licences and national medical certificates 1. Part-FCL licences for balloons and associated privileges, ratings and certificates issued by a Member State before the date of application of this Regulation shall be deemed to have been issued in accordance with this Regulation. When a Member State reissues licences for administrative reasons or upon application by licence holders, the Member State shall replace these licences with licences that comply with the format laid down in Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011. 2. When a Member State reissues licences and associated privileges, ratings and certificates in accordance with paragraph 1, the Member State shall, as applicable: (a) transfer all privileges endorsed so far in Part-FCL licences to the new licence format; (b) convert the privileges for tethered flight or commercial operation associated with a Part-FCL licence into a tethered flight rating or a commercial operation rating in accordance with the provisions of Annex III (Part-BFCL) to this Regulation; and (c) endorse the expiry date of a flight instructor certificate associated with a Part- FCL licence into the pilot’s logbook or issue an equivalent document. After that date, those pilots shall exercise instructor privileges only when they comply with point BFCL.360 of Annex III (Part-BFCL) to this Regulation. 3. Holders of national licences for balloons issued by a Member State before the date of application of Annex III (Part-BFCL) to this Regulation shall be allowed to continue to exercise the privileges of their licences until 8 April 2021. By that date, EN 5 EN  these licences shall have been converted into Part-BFCL licences and associated ratings, privileges and certificates in accordance with the elements laid down in a conversion report that complies with the requirements of Article 4(4) and (5) of Commission Regulation (EU) No 1178/2011. 4. National pilot medical certificates associated with a licence as specified in paragraph 2 above and issued by a Member State before the date of application of Annex III (Part-BFCL) to this Regulation shall remain valid until the date of their next revalidation or until 8 April 2021, whichever is the earlier. The revalidation of these medical certificates shall comply with the requirements of Annex IV (Part- MED) to Commission Regulation (EU) No 1178/2011. Article 3c Credit for training that commenced prior to the date of application of this Regulation 1. In respect of issuing Part-BFCL licences and associated privileges, ratings or certificates in accordance with Annex III (Part-BFCL) to this Regulation, training that commenced prior to the date of application of this Regulation in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be deemed to have commenced in accordance with this Regulation. In such cases, BPL training that was commenced on balloons representing the gas balloon class, the hot-air airship class, or group B, C or D of the hot-air balloon class may be completed on these balloon classes. 2. Training that commenced prior to the date of application of this Regulation or of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, in accordance with Annex 1 to the Chicago Convention, shall be given credit for the purposes of issuing Part-BFCL licences on the basis of a credit report established by the Member State in consultation with the European Union Aviation Safety Agency. 3. The credit report shall describe the scope of the training, indicate for which requirements of Part-BFCL credit is given and, if applicable, which requirements applicants need to comply with in order to be issued with a Part-BFCL licence. It shall include copies of all the documents that are necessary to demonstrate the scope of the training, as well as copies of the national regulations and procedures in accordance with which the training was commenced. Article 3d Conditions for the acceptance of licences issued by third countries 1. Without prejudice to international agreements concluded between the European Union and a third country in accordance with point (a) of Article 68(1) of Regulation (EU) 2018/1139 covering balloon pilot licensing, Member States may accept third-country balloon licences and associated ratings, privileges or certificates, as well as associated medical certificates issued by or on behalf of third countries, in accordance with the provisions of Annex III to Commission Regulation (EU) No 1178/2011. 2. Applicants for a Part-BFCL licence who already hold at least an equivalent licence, rating, privilege or certificate issued in accordance with Annex 1 to the Chicago EN 6 EN  Convention by a third country shall comply with all the requirements of Annex III (Part-BFCL) to this Regulation, except that the course duration, the number of lessons and the specific training hours may be reduced. 3. The credit given to the applicant shall be determined by the Member State to which the pilot applies on the basis of a recommendation from an ATO or a DTO for balloons. Article 3e Training organisations 1. Training organisations for pilot licences referred to in Article 1(1) shall comply with the requirements of Article 10a of Commission Regulation (EU) No 1178/2011. 2. Training organisations referred to in paragraph 1 which hold an approval issued in accordance with Annex VII (Part-ORA) to Commission Regulation (EU) No 1178/2011 or have submitted a declaration in accordance with Annex VIII (Part- DTO) to Commission Regulation (EU) No 1178/2011 before the date of application of this Regulation shall adapt their training programmes, where necessary, by 8 April 2021 at the latest.’; (6) Annex I (Part-DEF) is amended in accordance with Annex I to this Regulation; (7) Annex II (Part-BOP) is amended in accordance with Annex II to this Regulation; (8) Annex III (Part-BFCL) is added as set out in Annex III to this Regulation. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 8 April 2020. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission The President […] EN 7 EN Annex IIb to EASA Opinion No 01/2019 Draft Annex I, II and III to draft Commission Implementing Regulation (EU) …/… [reference to amending regulation] amending Commission Regulation (EU) 2018/395 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council ANNEX I Annex I ‘Definitions’ (Part-DEF) to Commission Regulation (EU) 2018/395 is amended as follows: (1) The introductory sentence is replaced by the following: ‘For the purpose of this Regulation, the following definitions and, unless terms are defined otherwise in this Annex, the definitions of Article 2 of Commission Regulation (EU) No 1178/2011 as well as of point FCL.010 of Annex I (Part-FCL) to that Regulation, shall apply:’ (2) points 1 and 2 are replaced by the following: ‘1. “acceptable means of compliance (AMC)” means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts; 2. “alternative means of compliance (AltMoC)” means those means that propose an alternative to an existing AMC or those that propose new means to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts for which no associated AMC have been adopted by the Agency;’; (3) the following point 11a is inserted: ‘11a. “flight time” means the total time from the moment the basket leaves the ground for the purpose of taking off until the moment it finally comes to a rest at the end of the flight;’; (4) the following points 17a and 17b are inserted: ‘17a. “class” (of balloons) means a categorisation of balloons taking into account the lifting means used to sustain flight; 17b. “proficiency check” means the demonstration of skill for the purpose of complying with the recency requirements as established in this Regulation, and including oral examinations as may be required;’; (5) point 22 is replaced by the following: ‘22. “group” (of balloons) means a categorisation of balloons, taking into account the size or capacity of the envelope;’; Page 1 of 30  Annex IIb to EASA Opinion No 01/2019 (6) the following points 23 to 26 are added: ‘23. “skill test” means the demonstration of skill for the purpose of issuing a licence or rating, or extension of a privilege, including oral examinations as may be required; 24. “assessment of competence” means the demonstration of skill, knowledge and attitude for the initial issue, revalidation or renewal of an instructor or examiner certificate; 25. “solo flight” means a flight during which a student pilot is the sole occupant of the balloon; 26. “tethered flight” means a flight with a tether system that anchors the balloon to a fixed location during operation, with the exception of a tether which may be used as part of the take-off procedure.’ Page 2 of 30  Annex IIb to EASA Opinion No 01/2019 ANNEX II Annex II ‘Balloon Air Operations’ (Part-BOP) to Commission Regulation (EU) 2018/395 is amended as follows: (1) in point BOP.BAS.010, paragraph (a) is replaced by the following: ‘(a) An operator shall, when so requested by the competent authority which verifies continued compliance by the operator in accordance with point ARO.GEN.300(a)(2) of Annex II (Part-ARO) to Regulation (EU) No 965/2012, demonstrate compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (2) point BOP.BAS.020 is replaced by the following: ‘BOP.BAS.020 Immediate reaction to a safety problem The operator shall implement: (a) safety measures mandated by the competent authority in accordance with paragraph (c) of point ARO.GEN.135 of Annex II (Part-ARO) to Regulation (EU) No 965/2012; and (b) airworthiness directives and other mandatory information issued by the Agency in accordance with paragraph (h) of Article 77(1) of Regulation (EU) 2018/1139.’; (3) point BOP.BAS.025 is replaced by the following: ‘BOP.BAS.025 Designation as pilot-in-command The operator shall designate a pilot-in-command who is qualified to act as pilot-in- command in accordance with Annex III (Part-BFCL) to this Regulation.’; (4) in point BOP.BAS.300, paragraph (c) is replaced by the following: ‘(c) Instruments and equipment not required by this Section, as well as any other equipment that is not required by this Annex but is carried on board a balloon during a flight, shall comply with the following two conditions: (1) the information provided by those instruments or equipment shall not be used by the flight crew to comply with the essential requirements for airworthiness set out in Annex II to Regulation (EU) 2018/1139; (2) the instruments and equipment shall not affect the airworthiness of the balloon, even in the case of failures or malfunction.’; (5) in point BOP.ADD.005, paragraph (a) is replaced by the following: ‘(a) The operator shall be responsible for the operation of the balloon in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139, with the requirements of this Subpart and with its declaration.’; Page 3 of 30  Annex IIb to EASA Opinion No 01/2019 (6) in point BOP.ADD.015, paragraph (a) is replaced by the following: ‘(a) For the purpose of determining compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation, the operator shall grant access to any person authorised by the competent authority at any time to any facility, balloon, document, records, data, procedures or any other material relevant to the operator’s activity that falls within the scope of this Regulation, irrespective of whether or not the activity is contracted.’; (7) point BOP.ADD.035 is replaced by the following: ‘BOP.ADD.035 Contracted activities When contracting any part of its activity that falls within the scope of this Regulation, the operator shall be responsible for ensuring that the contracted organisation carries out the activity in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation. The operator shall also ensure that the competent authority is given access to the contracted organisation in order to determine that the operator complies with those requirements.’; (8) in point BOP.ADD.040, paragraph (a) is replaced by the following: ‘(a) The operator shall appoint an accountable manager who has the authority to ensure that all activities that fall within the scope of this Regulation can be financed and carried out in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation. The accountable manager shall be responsible for establishing and maintaining an effective management system.’; (9) point BOP.ADD.045 is replaced by the following: ‘BOP.ADD.045 Facility requirements The operator shall have facilities that are sufficient to allow the performance and management of all tasks and activities required to ensure compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (10) in point BOP.ADD.100, paragraph (a) is replaced by the following: ‘(a) In the declaration referred to in the second subparagraph of Article 3(2), the operator shall confirm that it complies and will continue to comply with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (11) in point BOP.ADD.105, paragraph (a) is replaced by the following: ‘(a) The operator shall notify the competent authority without delay of any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the Page 4 of 30  Annex IIb to EASA Opinion No 01/2019 requirements of this Regulation, as declared to the competent authority, and of any changes in respect of the information referred to in point BOP.ADD.100(b) and the list of AltMoCs referred to in point BOP.ADD.100(c), as included in or annexed to the declaration.’; (12) in point BOP.ADD.115, paragraph (c) is replaced by the following: ‘(c) Where a balloon registered in a third country is subject to a dry lease agreement, the operator of such balloon shall ensure compliance with the essential requirements relating to continuing airworthiness set out in Annexes II and V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (13) in point BOP.ADD.300, paragraph (c) is replaced by the following: ‘(c) All flight crew members shall hold a licence and ratings issued or accepted in accordance with Annex III to this Regulation and shall be appropriate to the duties assigned to them.’; (14) in point BOP.ADD.300, paragraph (e) is replaced by the following: ‘(e) When engaging the services of flight crew members who work on a freelance or part-time basis, the operator shall verify that all of the following requirements are complied with: (1) the requirements of this Subpart; (2) Annex III to this Regulation, including the requirements on recent experience; (3) the flight and duty time limitations and rest requirements in accordance with the national law of the Member State where the operator has its principal place of business, taking into account all services rendered by the flight crew member to other operators.’; (15) in point BOP.ADD.305, paragraph (b) is replaced by the following: ‘(b) The operator shall only designate a pilot to act as pilot-in-command if he or she: (1) is qualified to act as pilot-in-command in accordance with Annex III to this Regulation; (2) has the minimum level of experience specified in the operations manual; and (3) has adequate knowledge of the area to be flown.’; (16) point BOP.ADD.310 is replaced by the following: ‘BOP.ADD.310 Provision of training and checking All training and checking of flight crew members required pursuant to point BOP.ADD.315 shall be provided as follows: Page 5 of 30  Annex IIb to EASA Opinion No 01/2019 (a) in accordance with the training programmes and syllabi established by the operator in the operations manual; (b) by appropriately qualified persons and, as regards flight training and checking, by persons qualified in accordance with Annex III to this Regulation.’; (17) the Appendix is replaced by the following: ‘Appendix DECLARATION in accordance with Commission Regulation (EU) 2018/395 Operator Name: Place where the operator has its principal place of business: Name and contact details of the accountable manager: Balloon operation Starting date of commercial operation and, where relevant, date of change to existing commercial operation. Information on balloon(s) used, commercial operation(s) and continuing airworthiness management: (1) Balloon type Balloon Main base Type(s) of Continuing registration operation (2) airworthiness management organisation (3) Where applicable, list of the AltMoCs with references to the associated AMC (annex to this declaration): Statements ⎕ The operator complies, and will continue to comply, with the essential requirements set out in Page 6 of 30  Annex IIb to EASA Opinion No 01/2019 Annex V to Regulation (EU) 2018/1139 and with the requirements of Regulation (EU) 2018/395. In particular, the operator conducts its commercial operations in accordance with the following requirements of Subpart ADD of Annex II to Regulation (EU) 2018/395: ⎕ The management system documentation, including the operations manual, comply with the requirements of Subpart ADD and all flights will be carried out in accordance with the provisions of the operations manual as required by point BOP.ADD.005(b) of Subpart ADD. ⎕ All balloons operated either have a certificate of airworthiness issued in accordance with Regulation (EU) No 748/2012 or meet the specific airworthiness requirements applicable to balloons that are registered in a third country and are subject to a wet lease agreement or a dry lease agreement, as required by points BOP.ADD.110 and BOP.ADD.115(b) and (c) of Subpart ADD. ⎕ All flight crew members hold a licence and ratings issued or accepted in accordance with Annex III to Regulation (EU) 2018/395, as required by point BOP.ADD.300(c) of Subpart ADD. ⎕ The operator will notify the competent authority of any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Regulation (EU) 2018/395 as declared to the competent authority through this declaration and any changes to the information and lists of AltMoCs included in and annexed to this declaration, as required by point BOP.ADD.105(a) of Subpart ADD. ⎕ The operator confirms that all information included in this declaration, including its annexes, is complete and correct. Date, name and signature of the accountable manager (1) Complete the table. If there is not enough space to list the information, it shall be listed in a separate annex. The annex shall be dated and signed. (2) ‘Type(s) of operation’ refers to the type(s) of commercial operation conducted with the balloon. 3 () Information about the organisation responsible for the continuing airworthiness management shall include the name of the organisation, the address and the approval reference. ’ Page 7 of 30  Annex IIb to EASA Opinion No 01/2019 ANNEX III ‘ANNEX III REQUIREMENTS FOR BALLOON FLIGHT CREW LICENSING [PART-BFCL] SUBPART GEN GENERAL REQUIREMENTS BFCL.001 Scope This Annex establishes the requirements for the issue of a balloon pilot licence (BPL) and associated privileges, ratings and certificates, and the conditions for their validity and use. BFCL.005 Competent authority For the purpose of this Annex, the competent authority shall be an authority designated by the Member State to which a person applies for the issue of a BPL or associated privileges, ratings or certificates. BFCL.010 Classes and groups of balloons For the purpose of this Annex, balloons shall be categorised in the following classes and groups: (a) ‘hot-air balloon’ class: (1) group A: envelope capacity up to 3 400 m3 (120 069 ft3); (2) group B: envelope capacity between 3 401 m3 (120 070 ft3) and 6 000 m3 (211 888 ft3); (3) group C: envelope capacity between 6 001 m3 (211 889 ft3) and 10 500 m3 (370 804 ft3); (4) group D: envelope capacity of more than 10 500 m3 (370 804 ft3); (b) ‘gas balloon’ class; (c) ‘mixed balloon’ class; Page 8 of 30  Annex IIb to EASA Opinion No 01/2019 (d) ‘hot-air airship’ class. BFCL.015 Application for and issue, revalidation and renewal of a BPL as well as associated privileges, ratings and certificates (a) An application for the following shall be submitted to the competent authority in a form and manner established by that competent authority: (1) the issue of a BPL and associated ratings; (2) the extension of the privileges of a BPL; (3) the issue of a flight instructor (FI(B)) certificate; (4) the issue, revalidation and renewal of a flight examiner (FE(B)) certificate; and (5) any amendments to the BPL and associated privileges, ratings certificates. (b) An application as specified in paragraph (a) shall be accompanied by evidence that the applicant complies with the relevant requirements established in this Annex and in Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. (c) Any limitation or extension of the privileges granted by a licence, rating or certificate shall be endorsed on the licence or certificate by the competent authority. (d) A person shall not hold at any time more than one BPL issued in accordance with this Annex. (e) A licence holder shall submit applications as specified in paragraph (a) to the competent authority designated by the Member State in which any of his or her licences was issued in accordance with this Annex (Part-BFCL), Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable. (f) Without prejudice to (e), a BPL holder may request a change of competent authority. Such a request shall include a transfer of all licensing and medical records related to all licences held, as specified in paragraph (e), to the competent authority designated by another Member State. (g) An applicant shall apply for the issue of a BPL and associated ratings, privileges or certificates not later than 6 months after having successfully completed the skill test or assessment of competence. BFCL.030 Practical skill test Except for the skill test for the commercial operation rating as specified in point BFCL.215, an applicant for a skill test shall be recommended for the test by the ATO or the DTO that is responsible for the training, once the training is completed. The training records shall be made available to the examiner. Page 9 of 30  Annex IIb to EASA Opinion No 01/2019 BFCL.035 Crediting of flight time An applicant for a BPL or an associated privilege, rating or certificate shall be credited in full with all solo, dual instruction or PIC flight time on balloons towards the total flight time required for the licence, privilege, rating or certificate. BFCL.045 Obligation to carry and present documents (a) When exercising the privileges of his or her licence, the BPL holder shall carry: (1) a valid BPL; (2) a valid medical certificate; (3) a personal identification document containing his or her photo; and (4) sufficient logbook data to demonstrate compliance with the requirements of this Annex. (b) A student pilot shall carry on all solo flights: (1) the documents as specified in paragraphs (a)(2) and (a)(3); and (2) evidence of the authorisation required by point BFCL.125(a). (c) A BPL holder or a student pilot shall without undue delay present the documents as specified in paragraph (a) or (b) for inspection upon request by an authorised representative of the competent authority. BFCL.050 Recording of flight time A balloon pilot shall keep a reliable record of the details of all flights flown in a form and manner established by the competent authority. BFCL.065 Curtailment of privileges of BPL holders aged 70 years or older in commercial passenger ballooning A BPL holder who has attained the age of 70 years shall not act as pilot of a balloon that is engaged in commercial passenger ballooning. BFCL.070 Limitation, suspension or revocation of licences, privileges, ratings and certificates (a) A BPL as well as associated privileges, ratings and certificates issued in accordance with this Annex may be limited, suspended or revoked by the competent authority in accordance with the conditions and procedures laid down in Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011 when a balloon pilot does not comply with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139 or with the Page 10 of 30  Annex IIb to EASA Opinion No 01/2019 requirements of this Annex as well as of Annex II (Part-BOP) to this Regulation or of Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. (b) When a balloon pilot has his or her licence, privilege, rating or certificate limited, suspended or revoked, he or she shall immediately return the licence or certificate to the competent authority. Page 11 of 30  Annex IIb to EASA Opinion No 01/2019 SUBPART BPL BALLOON PILOT LICENCE (BPL) BFCL.115 BPL — Privileges and conditions (a) The privileges of a BPL holder are to act as PIC in balloons: (1) without remuneration in non-commercial operations; and (2) in commercial operations when he or she holds a commercial operation rating in accordance with point BFCL.215 of Subpart ADD of this Annex. (b) By way of derogation from paragraph (a)(1), a BPL holder who has instructor or examiner privileges may receive remuneration for: (1) the provision of flight instruction for the BPL; (2) the conduct of skill tests and proficiency checks for the BPL; and (3) the training, testing and checking for the privileges, ratings and certificates attached to a BPL. (c) The exercise of the privileges granted by a BPL shall be dependent upon the compliance of the licence holder with the applicable recency requirements and upon the validity of the medical certificate appropriate to the privileges exercised. BFCL.120 BPL — Minimum age An applicant for a BPL shall be at least 16 years of age. BFCL.125 BPL — Student pilot (a) A student pilot shall not fly solo unless authorised to do so and supervised by a flight instructor for balloons (FI(B)). (b) Before his or her first solo flight, the student pilot shall be at least 14 years of age. BFCL.130 BPL — Training course and experience requirements An applicant for a BPL shall complete a training course at an ATO or a DTO. The course shall be tailored to the privileges sought and shall include: (a) theoretical knowledge as specified in point BFCL.135(a); and (b) at least 16 hours of flight instruction in either hot-air balloons that represent group A of that class, or gas balloons, including at least: (1) 12 hours of dual flight instruction; (2) 10 inflations and 20 take-offs and landings; and Page 12 of 30  Annex IIb to EASA Opinion No 01/2019 (3) 1 supervised solo flight with a flight time of at least 30 minutes. BFCL.135 BPL — Theoretical knowledge examination (a) Theoretical knowledge An applicant for a BPL shall demonstrate a level of theoretical knowledge that is appropriate to the privileges sought through examinations on the following: (1) common subjects: (i) air law; (ii) human performance; (iii) meteorology; (iv) communications; and (2) specific subjects concerning balloons: (i) principles of flight; (ii) operational procedures; (iii) flight performance and planning; (iv) aircraft general knowledge related to balloons; and (v) navigation. (b) Responsibilities of the applicant (1) The applicant shall take the entire set of theoretical knowledge examinations for the BPL under the responsibility of the same Member State’s competent authority. (2) The applicant shall take the theoretical knowledge examination only when recommended by the ATO or the DTO that is responsible for his or her training, once he or she has completed the appropriate elements of the training course of theoretical knowledge instruction to a satisfactory standard. (3) The recommendation by the ATO or the DTO shall be valid for 12 months. If the applicant has failed to take at least one theoretical knowledge examination paper within this validity period, the need for further training shall be determined by the ATO or the DTO, based on the needs of the applicant. (c) Pass standards (1) A pass in a theoretical knowledge examination paper shall be awarded to the applicant when achieving at least 75 % of the marks allocated to that paper. No penalty marking shall be applied. (2) Unless otherwise specified in this Annex, an applicant is considered to have successfully completed the required theoretical knowledge examination for the BPL when he or she has passed all the required theoretical knowledge examination Page 13 of 30  Annex IIb to EASA Opinion No 01/2019 papers within a period of 18 months counted from the end of the calendar month when the applicant first attempted to take the examination. (3) If an applicant has failed to pass one of the theoretical knowledge examination papers within four attempts or has failed to pass all papers within the period mentioned in paragraph (2) above, he or she shall retake the complete set of theoretical knowledge examination papers. (4) Before retaking the theoretical knowledge examinations, the applicant shall undertake further training at an ATO or a DTO. The extent and scope of the training needed shall be determined by the ATO or the DTO, based on the needs of the applicant. (d) Validity period The successful completion of the theoretical knowledge examination shall be valid for a period of 24 months, counted from the day when the applicant successfully completed the theoretical knowledge examination, in accordance with subparagraph (c)(2). BFCL.140 BPL — Crediting of theoretical knowledge An applicant for the issue of a BPL shall be credited towards the theoretical knowledge requirements for the common subjects as specified in point BFCL.135(a)(1) when he or she: (a) holds a licence in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976; or (b) has passed the theoretical knowledge examinations for a licence as specified in paragraph (a), as long as this is done within the validity period specified in point BFCL.135(d). BFCL.145 BPL — Practical skill test (a) An applicant for a BPL shall demonstrate through the completion of a skill test the ability to perform, as PIC on a balloon, the relevant procedures and manoeuvres with competency appropriate to the privileges sought. (b) An applicant shall complete the skill test in the same class of balloons in which the training course has been completed in accordance with point BFCL.130 and, in case of hot-air balloons, in a balloon that represents group A of that class. (c) Before a skill test for the issue of a BPL is taken, the applicant shall have passed the required theoretical knowledge examination. (d) Pass standards (1) The skill test shall be divided into different sections, representing all the different phases of a balloon flight. Page 14 of 30  Annex IIb to EASA Opinion No 01/2019 (2) Failure in any item of a section shall cause the applicant to fail the entire section. If the applicant fails in only one section, he or she shall repeat only that section. Failure in more than one section shall require the applicant to retake the entire test. (3) When the test needs to be retaken in accordance with subparagraph (d)(2), failure in any section, including those sections that have been passed at a previous attempt, shall require the applicant to retake the entire test. (e) Failure to achieve a pass in all sections of the test within two attempts shall require the applicant to receive further practical training. BFCL.150 BPL — Extension of privileges to another balloon class or group (a) The privileges of the BPL shall be limited to the class of balloon in which the skill test as specified in point BFCL.145 was taken, and, in the case of hot-air balloons, to group A of that class. (b) In the case of hot-air balloons, the privileges of the BPL shall be extended to another group within the hot-air balloon class upon application when a pilot has completed at least: (1) 2 instruction flights with an FI(B) on a balloon of the relevant group; and (2) the following amount of hours of flight time as PIC on balloons: (i) at least 100 hours, if privileges for group B balloons are sought; (ii) at least 200 hours, if privileges for group C balloons are sought; and (iii) at least 300 hours, if privileges for group D balloons are sought. (c) Except for the mixed balloon class, the privileges of the BPL shall be extended to another balloon class, or, if privileges for the hot-air balloon class are sought, to group A of the hot-air balloon class, upon application when a pilot has completed in the relevant balloon class and group, as applicable: (1) a training course at an ATO or a DTO, including at least: (i) 5 dual instructional flights; or (ii) in the case of an extension from hot-air balloons to hot-air airships, 5 hours of dual instruction time; and (2) a skill test during which the pilot has demonstrated to the FE(B) also an adequate level of theoretical knowledge for the other class in the following subjects: (i) principles of flight; (ii) operational procedures; (iii) flight performance and planning; and (iv) aircraft general knowledge with regard to the balloon class for which the extension of privileges is sought. Page 15 of 30  Annex IIb to EASA Opinion No 01/2019 (d) The completion of the training as specified in paragraphs (b)(1) and (c)(1) shall be entered in the logbook of the pilot and signed by: (1) in the case of paragraph (b)(1), the instructor who is responsible for the instruction flights; and (2) in the case of paragraph (c)(1), the head of training of the ATO or of the DTO that is responsible for the training. (e) A BPL holder shall exercise his or her privileges in the mixed balloon class only if he or she has privileges for both the hot-air balloon class and the gas balloon class. BFCL.160 BPL — Recency requirements (a) A BPL holder shall only exercise the privileges of his or her licence when he or she has completed in the relevant balloon class: (1) either: (i) within the last 24 months, at least 6 hours of flight time as PIC, including 10 take-offs and landings, as PIC or flying dual or solo under the supervision of an FI(B); and (ii) within the last 48 months, at least 1 training flight with an FI(B); or (2) within the last 24 months, a proficiency check in accordance with point (c). (b) In addition, in the case of a pilot who is qualified to fly more than one class of balloons, in order to exercise his or her privileges in the other balloon class or the other balloon classes, he or she shall have completed at least 3 hours of flight time, as PIC or flying dual or solo under the supervision of an FI(B), on each additional balloon class within the last 24 months. (c) A BPL holder who does not comply with the requirements in paragraph (a)(1) and, if applicable, (b), before resuming the exercise of his or her privileges, shall, in a balloon that represents the relevant class, pass a proficiency check with an FE(B). (d) After complying with paragraph (a), (b) or (c), as applicable, a BPL holder with privileges to fly hot-air balloons shall exercise his or her privileges only on hot-air balloons that represent: (i) the same group of hot-air balloons in which the training flight as specified in paragraph (a)(2) or the proficiency check as specified in paragraph (c), as applicable, have been completed, or a group with a smaller envelope size; or (ii) group A of hot-air balloons in cases where a pilot, in accordance with paragraph (b), has completed the training flight as specified in paragraph (a)(2) in a balloon class other than hot-air balloons. (e) The completion of the dual flights and flights under supervision as specified in paragraphs (a)(1) and (b), the training flight as specified in paragraph (a)(2), and the Page 16 of 30  Annex IIb to EASA Opinion No 01/2019 proficiency check as specified in paragraph (c) shall be entered in the logbook of the pilot and signed by, in the case of paragraphs (a)(1) and (a)(2), the responsible FI(B) and, in the case of paragraph (c), the responsible FE(B). (f) A BPL holder, including the privileges for commercial operations as specified in point BFCL.215 of Subpart ADD of this Annex, shall be deemed to comply with the requirements in: (1) paragraph (a) and, if applicable, (b), in case he or she has completed a proficiency check in accordance with point BFCL.215(d)(2)(i) in the relevant balloon class or classes within the last 24 months; or (2) paragraph (a)(2), in case he or she has completed the training flight as specified in point BFCL.215(d)(2)(ii) in the relevant balloon class. In the case of the hot-air balloon class, limitations as specified in paragraph (d) shall apply, depending on the balloon class used for complying with paragraphs (f)(1) or (f)(2). Page 17 of 30  Annex IIb to EASA Opinion No 01/2019 SUBPART ADD ADDITIONAL RATINGS BFCL.200 Tethered hot-air balloon flight rating (a) A BPL holder shall only undertake tethered flights with hot-air balloons when he or she holds a tethered hot-air balloon flight rating in accordance with this point. (b) An applicant for a tethered hot-air balloon flight rating shall have: (1) privileges for the hot-air balloon class; and (2) completed at least 2 tethered hot-air balloon instruction flights. (c) The completion of the additional training shall be entered in the logbook and signed by the FI(B) who is responsible for the training. (d) A pilot who holds a tethered hot-air balloon flight rating shall only exercise his or her privileges when he or she has completed at least 1 tethered hot-air balloon flight during the last 48 months. (e) When a pilot does not comply with the requirement in paragraph (d), he or she shall perform the required hot-air balloon tethered flight, flying dual or solo under the supervision of an FI(B), in order to fulfil the requirement in paragraph (d). BFCL.210 Night rating (a) A BPL holder shall only exercise the privileges of his or her licence in VFR conditions at night when he or she holds a night rating in accordance with this point. (b) An applicant for a night rating shall have completed at least 2 instruction flights at night of at least 1 hour each. (b) The completion of the training shall be entered in the logbook and signed by the FI(B) who is responsible for the training. BFCL.215 Commercial operation rating (a) A BPL holder shall only exercise the privileges of his or her licence during commercial operations with balloons when he or she holds a commercial operation rating in accordance with this point. (b) An applicant for a commercial operation rating shall: (1) have attained the age of 18 years; (2) have completed 50 hours of flight time and 50 take-offs and landings as PIC on balloons; (3) have the privileges for the class of balloon in which the privileges of the Page 18 of 30  Annex IIb to EASA Opinion No 01/2019 commercial operation rating will be exercised; and (4) have passed a skill test on the relevant class of balloon during which he or she shall demonstrate to an FE(B) the competence required for commercial balloon operations. (c) The privileges of the commercial operation rating shall be limited to the class of balloon in which the skill test in accordance with paragraph (b)(3) has been completed. The privileges shall be extended upon application to another class of balloon when, in that other class, the applicant complies with paragraph (b)(3) and (b)(4). (d) A pilot who holds a commercial operation rating shall exercise the privileges of that rating in commercial passenger ballooning only when he or she has completed: (1) within the preceding 180 days: (i) at least 3 flights as PIC in balloons, of which at least 1 shall be in a balloon of the relevant class; or (ii) 1 flight as PIC in a balloon of the relevant class under the supervision of an FI(B) who is qualified in accordance with this point; and (2) within the preceding 24 months: (i) a proficiency check, in a balloon of the relevant class, during which he or she shall demonstrate to an FE(B) the competence required for commercial passenger ballooning; or (ii) a refresher course at an ATO or a DTO, tailored to the competence required for commercial balloon operations, including at least 6 hours of theoretical knowledge instruction and 1 training flight in a balloon of the relevant class with an FI(B) who is qualified for commercial balloon operations in accordance with this point. (e) When complying with paragraph (d), a pilot who holds a commercial operation rating with privileges extended to more than one class of balloons may comply with the requirements in paragraph (d)(2) in one class of balloons for maintaining the privileges of the commercial operation rating for all other balloon classes. (f) After complying with paragraph (d), a pilot who holds a commercial operation rating for the hot-air balloon class shall exercise the privileges of that rating in the hot-air balloon class only on balloons that represent: (i) the same group of the hot-air balloon in which the proficiency check as specified in paragraph (d)(2)(i) or the training flight as specified in paragraph (d)(2)(ii), as applicable, have been completed; or (ii) a hot-air balloon group with a smaller envelope size. (g) The completion of the flight under supervision as specified in paragraph (d)(1)(ii), the proficiency check as specified in paragraph (d)(2)(i), and the refresher training course as specified in paragraph (d)(2)(ii) shall be entered in the logbook of the pilot and shall be Page 19 of 30  Annex IIb to EASA Opinion No 01/2019 signed by the head of training of the ATO or the DTO, the FI(B) or the FE(B) that is responsible for the training course, the supervision or the proficiency check, as applicable. (h) A pilot who has completed an operator proficiency check in accordance with point BOP.ADD.315 of Annex II (Part-BOP) to this Regulation shall be deemed to comply with paragraph (d)(2)(i). Page 20 of 30  Annex IIb to EASA Opinion No 01/2019 SUBPART FI FLIGHT INSTRUCTORS Section 1 General requirements BFCL.300 Flight instructor certificates (a) General An instructor shall only carry out flight instruction in a balloon when he or she: (1) holds: (i) a BPL including the privileges, ratings and certificates for which flight instruction is to be provided; and (ii) a balloon flight instructor (FI(B)) certificate appropriate to the instruction carried out, and issued in accordance with this Subpart; and (2) is entitled to act as PIC in the balloon during flight instruction. (b) Instruction provided outside the territory of the Member States (1) By way of derogation from subparagraph (a)(1), in the case of flight instruction provided during a training course approved in accordance with this Annex (Part- BFCL) outside the territory for which Member States are responsible under the Chicago Convention, the competent authority shall issue a flight instructor certificate to an applicant who holds a balloon pilot licence that is compliant with Annex 1 to the Chicago Convention, provided that the applicant: (i) holds at least a licence including, where relevant, privileges, ratings or certificates equivalent to those for which he or she is authorised to instruct; (i) complies with the requirements established in this Subpart for the issue of the FI(B) certificate with the relevant instructional privileges; and (iii) demonstrates to the competent authority an adequate level of knowledge of European aviation safety rules to be able to exercise his or her instructional privileges in accordance with this Annex. (2) The certificate shall be limited to the provision of approved flight instruction: (i) outside the territory for which Member States are responsible under the Chicago Convention; and (ii) to a student pilot who has sufficient knowledge of the language in which flight instruction is provided. Page 21 of 30  Annex IIb to EASA Opinion No 01/2019 Section 2 Flight instructor certificate for balloons — FI(B) BFCL.315 FI(B) certificate — Privileges and conditions (a) Subject to compliance of the applicant with point BFCL.320 and with the following conditions, an FI(B) certificate shall be issued upon application with privileges to conduct flight instruction for: (1) a BPL; (2) the extension of privileges to further classes and groups of balloons provided that the applicant has completed at least 15 hours of flight time as PIC in each relevant class; (3) night rating; (4) tethered flight rating; and (5) an FI(B) certificate, provided that the applicant has: (i) completed at least 50 hours of flight instruction on balloons; and (ii) in accordance with the procedures established for that purpose by the competent authority, conducted at least 1 hour of flight instruction for the FI(B) certificate under the supervision and to the satisfaction of an FI(B) who is qualified in accordance with this subparagraph and nominated by the head of training of the ATO or the DTO. (b) The privileges listed in paragraph (a) shall include the privileges to conduct flight instruction for: (1) the issue of the relevant licence, privileges, ratings or certificate; and (2) the revalidation, renewal or compliance with the relevant recency requirements of this Annex, as applicable. BFCL.320 FI(B) — Prerequisites and requirements An applicant for an FI(B) certificate shall: (a) be at least 18 years of age; (b) comply with the requirements of subparagraphs (a)(1)(i) and (a)(2) of point BFCL.300; (c) have completed 75 hours of balloon flight time as PIC; (d) have completed an instructor training course in accordance with point BFCL.330 at an ATO or a DTO; and (e) have passed an assessment of competence in accordance with point BFCL.345. Page 22 of 30  Annex IIb to EASA Opinion No 01/2019 BFCL.325 FI(B) competencies and assessment An applicant for an FI(B) certificate shall be trained to achieve the following competencies: (a) prepare resources; (b) create a climate conducive to learning; (c) present knowledge; (d) integrate threat and error management (TEM) and crew resource management (CRM); (e) manage time to achieve training objectives; (f) facilitate learning; (g) assess trainee performance; (h) monitor and review progress; (i) evaluate training sessions; and (j) report outcome. BFCL.330 FI(B) — Training course (a) An applicant for an FI(B) certificate shall have passed a specific pre-entry assessment at an ATO or a DTO within the 12 months preceding the start of the course, to assess his or her ability to take the course. (b) The FI(B) training course shall include at least: (1) the elements specified in point BFCL.325; (2) 25 hours of teaching and learning; (3) 12 hours of theoretical knowledge instruction, including progress tests; and (4) at least 3 hours of flight instruction, including 3 take-offs and landings. (c) An applicant who already holds an instructor certificate in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 or with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall receive full credit for the requirement in paragraph (b)(2). BFCL.345 FI(B) — Assessment of competence (a) An applicant for the issue of an FI(B) certificate shall pass an assessment of competence on a balloon to demonstrate to an examiner who is qualified in accordance with point BFCL.415(c) the ability to instruct a student pilot to the level required for the issue of a BPL. (b) The assessment shall include: (1) the demonstration of the competencies described in point BFCL.325 during pre- Page 23 of 30  Annex IIb to EASA Opinion No 01/2019 flight, post-flight and theoretical knowledge instruction; (2) oral theoretical examinations on the ground, pre-flight and post-flight briefings, and in-flight demonstrations in the appropriate balloon class; (3) exercises adequate to evaluate the instructor’s competencies. BFCL.360 FI(B) certificate — Recency requirements (a) An FI(B) certificate holder shall only exercise the privileges of his or her certificate when he or she has completed: (1) within the last 3 years: (i) instructor refresher training at an ATO, a DTO, or a competent authority during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for balloon instructors; (ii) at least 6 hours of flight instruction in balloons as FI(B); and (2) within the last 9 years and in accordance with the procedures established for that purpose by the competent authority, 1 instruction flight on a balloon as FI(B) under the supervision and to the satisfaction of an FI(B) who is qualified in accordance with point BFCL.315(a)(5) and nominated by the head of training of an ATO or a DTO. (b) The hours flown as an FE(B) during skill tests, proficiency checks or assessments of competence shall be credited in full towards the requirement in paragraph (a)(1)(ii). (c) When the FI(B) certificate holder has failed to complete the instruction flight under supervision to the satisfaction of the FI(B) in accordance with paragraph (a)(2), he or she shall not exercise the privileges of the FI(B) certificate until he or she has successfully completed an assessment of competence in accordance with point BFCL.345. (d) An FI(B) certificate holder who does not comply with the requirements in paragraph (a) shall comply with the requirements of paragraph (a)(1)(i) and of point BFCL.345 before he or she can resume to exercise the privileges of the FI(B) certificate. Page 24 of 30  Annex IIb to EASA Opinion No 01/2019 SUBPART FE FLIGHT EXAMINERS Section 1 General requirements BFCL.400 Balloon flight examiner certificates (a) General An examiner shall only carry out skill tests, proficiency checks or assessments of competence in accordance with this Annex when he or she: (1) holds: (i) a BPL including privileges, ratings and certificates for which he or she is authorised to conduct skill tests, proficiency checks or assessments of competence, and the privileges to instruct for them; (ii) holds an FE(B) certificate including privileges appropriate to the skill test, proficiency check or assessment of competence conducted, issued in accordance with this Subpart; and (2) is entitled to act as PIC in a balloon during the skill test, proficiency check or assessment of competence. (b) Examinations conducted outside the territory of the Member States (1) By way of derogation from paragraph (a)(1), in the case of skill tests and proficiency checks performed outside the territory for which Member States are responsible under the Chicago Convention, a competent authority shall issue an examiner certificate to an applicant who holds a balloon pilot licence that is compliant with Annex 1 to the Chicago Convention, provided that the applicant: (i) holds at least a licence including, where relevant, privileges, ratings, or certificates equivalent to those for which he or she is authorised to conduct skill tests or proficiency checks; (ii) complies with the requirements established in this Subpart for the issue of the relevant examiner certificate; and (iii) demonstrates to the competent authority an adequate level of knowledge of European aviation safety rules to be able to exercise examiner privileges in accordance with this Annex. (2) The certificate referred to in subparagraph (1) shall be limited to performing skill tests and proficiency checks: (i) outside the territory for which Member States are responsible under the Chicago Convention; and Page 25 of 30  Annex IIb to EASA Opinion No 01/2019 (ii) to a pilot who has sufficient knowledge of the language in which the test/check is provided. BFCL.405 Limitation of privileges in case of vested interests A balloon examiner shall not conduct: (a) a skill test or assessment of competence of an applicant for the issue of a licence, rating or certificate to whom he or she has provided more than 50 % of the required flight instruction for the licence, rating or certificate for which the skill test or assessment of competence is taken; or (b) a skill test, proficiency check or assessment of competence whenever he or she feels that his or her objectivity may be affected. BFCL.410 Conduct of skill tests, proficiency checks and assessments of competence (a) When conducting skill tests, proficiency checks and assessments of competence, a balloon examiner shall do all of the following: (1) ensure that communication with the applicant can be established without language barriers; (2) verify that the applicant complies with all the qualification, training and experience requirements of this Annex for the issue, revalidation or renewal of the licence, privileges, rating or certificate for which the skill test, proficiency check or assessment of competence is taken; and (3) make the applicant aware of the consequences of providing incomplete, inaccurate or false information related to his or her training and flight experience. (b) After completion of the skill test, proficiency check or assessment of competence, the balloon examiner shall: (1) inform the applicant of the results of the skill test, proficiency check or assessment of competence; (2) in the event of a pass in an assessment of competence for the revalidation or renewal, endorse the new expiry date on the applicant’s licence or certificate, if specifically authorised for that purpose by the competent authority that is responsible for the applicant’s licence; (3) provide the applicant with a signed report of the skill test, proficiency check or assessment of competence and submit without undue delay copies of the report to the competent authority that is responsible for the applicant’s licence, and to the competent authority that issued the examiner certificate. The report shall include: (i) a declaration that the balloon examiner has received information from the applicant regarding his or her experience and instruction, and found that Page 26 of 30  Annex IIb to EASA Opinion No 01/2019 experience and instruction comply with the applicable requirements of this Annex; (ii) confirmation that all the required manoeuvres and exercises have been completed, as well as information on the verbal theoretical knowledge examination, when applicable. If an item has been failed, the examiner shall record the reasons for this assessment; (iii) the results of the skill test, proficiency check or assessment of competence; (iv) a declaration that the balloon examiner has reviewed and applied the national procedures and requirements of the applicant’s competent authority if the competent authority that is responsible for the applicant’s licence is not the one that issued the examiner’s certificate; (v) a copy of the balloon examiner certificate containing the scope of his or her privileges as balloon examiner in the case of skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner’s certificate. (c) The balloon examiner shall maintain the records for 5 years with details of all skill tests, proficiency checks and assessments of competence performed and their results. (d) Upon request by the competent authority that is responsible for the balloon examiner certificate, or the competent authority that is responsible for the applicant’s licence, the balloon examiner shall submit all records and reports, and any other information, as required, for oversight activities. Page 27 of 30  Annex IIb to EASA Opinion No 01/2019 Section 2 Flight examiner certificate for balloons — FE(B) BFCL.415 FE(B) certificate — Privileges and conditions Subject to compliance of the applicant with point BFCL.420 and with the following conditions, an FE(B) certificate shall be issued upon application with privileges to conduct: (a) skill tests and proficiency checks for the BPL and skill tests for the extension of the privileges to another balloon class, provided that the applicant has completed 250 hours of flight time as pilot on balloons, including 50 hours of flight instruction covering the full syllabus of a BPL training course; (b) skill tests and proficiency checks for the commercial operation rating as specified in point BFCL.215, provided that the applicant complies with the experience requirements set out in paragraph (a) and has received specific training during an examiner standardisation course in accordance with point BFCL.430; and (c) assessments of competence for the issue of an FI(B) certificate, provided that the applicant has: (1) completed 350 hours of flight time as pilot on balloons, including 5 hours of instruction to an applicant for the FI(B) certificate; and (2) received specific training during an examiner standardisation course in accordance with point BFCL.430. BFCL.420 FE(B) certificate — Prerequisites and requirements An applicant for an FE(B) certificate shall: (a) comply with the requirements of subparagraphs (a)(1)(i) and (2) of point BFCL.400; (b) have completed the FE(B) standardisation course in accordance with point BFCL.430; (c) have completed an assessment of competence in accordance with point BFCL.445; (d) demonstrate relevant background related to the privileges of the FE(B) certificate; and (e) demonstrate that he or she has not been subject to any sanctions, including the suspension, limitation or revocation of any of his or her licences, ratings or certificates issued in accordance with this Annex, with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, or with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, for non-compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts during the last 3 years. Page 28 of 30  Annex IIb to EASA Opinion No 01/2019 BFCL.430 FE(B) certificate — Standardisation course (a) An applicant for an FE(B) certificate shall take a standardisation course which is provided either by the competent authority or by an ATO or a DTO and approved by that competent authority. (b) The standardisation course shall be tailored to the balloon flight examiner privileges sought and shall consist of theoretical and practical instruction, including, at least: (1) the conduct of at least 1 skill test, proficiency check or assessment of competence for the BPL or associated ratings or certificates; (2) instruction on the applicable requirements of this Annex and the applicable air operations requirements, the conduct of skill tests, proficiency checks and assessments of competence, and their documentation and reporting; (3) a briefing on the following: (i) national administrative procedures; (ii) requirements for the protection of personal data; (iii) examiner’s liability; (iv) examiner’s accident insurance; (v) national fees; and (vi) information on how to access the information contained in points (i) to (v) when conducting skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner certificate. (c) An FE(B) certificate holder shall not conduct skill tests, proficiency checks or assessments of competence of an applicant whose competent authority is not the one that issued the examiner certificate, unless he or she has reviewed the latest available information containing the relevant national procedures of the applicant’s competent authority. BFCL.445 FE(B) certificate — Assessment of competence An applicant for the initial issue of an FE(B) certificate shall demonstrate his or her competence to an inspector from the competent authority or to a senior examiner specifically authorised to do so by the competent authority that is responsible for the FE(B) certificate. During the assessment of competence, the applicant shall conduct a skill test, proficiency check or assessment of competence, including briefing, conduct of the skill test, proficiency check or assessment of competence, and assessment of the person to whom the test, check or assessment is given, debriefing and recording documentation. Page 29 of 30  Annex IIb to EASA Opinion No 01/2019 BFCL.460 FE(B) certificate — Validity, revalidation and renewal (a) An FE(B) certificate shall be valid for 5 years. (b) An FE(B) certificate shall be revalidated when its holder has: (1) during the validity period of the FE(B) certificate, completed an examiner refresher course which is provided either by the competent authority or by an ATO or a DTO and approved by that competent authority, during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for balloon examiners; and (2) within the last 24 months preceding the end of the validity period of the certificate, conducted one skill test, proficiency check or assessment of competence under the supervision and to the satisfaction of an inspector from the competent authority or an examiner specifically authorised to do so by the competent authority that is responsible for the FE(B) certificate. (c) An FE(B) certificate holder who also holds one or more examiner certificates for other aircraft categories in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 or with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 may achieve combined revalidation of all examiner certificates held, in agreement with the competent authority. (d) If an FE(B) certificate has expired, its holder shall comply with the requirements of paragraph (b)(1) and of point BFCL.445 before he or she can resume the exercise of the privileges of the FE(B) certificate. (e) An FE(B) certificate shall only be revalidated or renewed if the applicant demonstrates continued compliance with the requirements of point BFCL.410 as well as with the requirements of point BFCL.420(d) and (e). Page 30 of 30 Opinion No 01/2019 Overview of major changes to Opinion documents after 15 & 16 April 2019 06 May 2019 Author/Focal Point of EASA: Christian Kucher Opinion No 01/2019 Document Ia  Article 4c: Transitional provisions for EIR holders (transitional period of 1 year with hard end) Document Ib  FCL.035(b)(2)(iii): Credit valid only for subject communication  FCL.620: new paragraph (c) to clarify that a ME IR skill test includes SE IR privileges  FCL.835(c)(2)(ii)(C): Training for core flying skills, arrivals and departures as well as multi-engine can commence outside ATO, to be completed at ATO (AMC to further explain)  FCL.835(g)(6): BIR expired for more than 3 years: Renewal at ATO  FCL.940.FI: No alleviated revalidation arrangements for sole BIR instructional privileges (5 out of 50 instead 10 out of 50 hrs)  FCL.1005.FE: No BIR testing privileges for the pure FE  Part-FCL Appendix 1: Full revision in order to anticipate upcoming changes (deletions) in the context of Part-BFCL/SFCL and to include the new aeroplane/helicopter-related ‘common’ subject ‘navigation’.  Part-FCL Appendix 3: BIR holders will also receive the credits that are currently foreseen for holders of a course completion certificate for the Basic Instrument Flight module.  Part-FCL Appendix 6: BIR holders will also receive the credits that are currently foreseen for holders of a course completion certificate for the Basic Instrument Flight module.  ARA.FCL.200: New paragraph (e) on competent authority’s procedures for FI instructor training flight & FI recency training flight under supervision, as foreseen in Part-BFCL and Part-SFCL. Document IIa  Article 3(c)(1): Second sentence added (transitional provision for BPL training on balloons other than hot-air balloons group A). Document IIb  BFCL.315(a)(5)(ii) – extension of FI privileges to FI instruction: completion of 1 hour training flight under supervision in accordance with procedures established by the competent authority. Page 1 of 2  Opinion No 01/2019 Overview of major changes to Opinion documents after 15 & 16 April 2019 06 May 2019 Author/Focal Point of EASA: Christian Kucher  BFCL.360(a)(2): FI recency (9-year-intervall): completion of 1 hour training flight under supervision in accordance with procedures established by the competent authority.  BFCL.360(c) (reference to Opinion version) – combined FI/FE revalidation: Deleted Document IIIb  SFCL.115(a)(2)(ii)(A): Experience requirements for carrying passengers: The training flight with an FI(S) is not included in the 10 hours / 30 launches, it is an additional requirement.  SFCL.130(a)(2)(iv)(B): The cross-country flight during initial (non-TMG) SPL training can take place on a TMG, provided that this cross-country flight is conducted as dual flight with the instructor.  SFCL.315(a)(7)(ii) – extension of FI privileges to FI instruction: completion of 1 hour training flight under supervision in accordance with procedures established by the competent authority.  SFCL.360(a)(2): FI recency (9-year-intervall): completion of 1 hour training flight under supervision in accordance with procedures established by the competent authority.  SFCL.360(c) (reference to Opinion version) – combined FI/FE revalidation: Deleted Page 2 of 2 Annex Ib to EASA Opinion No 01/2019 Draft Annex I, II, III, IV, V and VI to draft Commission Implementing Regulation (EU) …/… amending 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 Page 1 of 28  Annex Ib to EASA Opinion No 01/2019 ANNEX I Amendments to Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 (1) Point FCL.010 is amended as follows: (a) the definition of ‘airship’ is replaced by the following: ‘“Airship” means a power-driven lighter-than-air aircraft, with the exception of hot-air airships, which are considered to be balloons as per Article 2(7) of Commission Regulation (EU) 2018/395.’; (b) the definition of ‘flight time’ is replaced by the following: ‘“Flight time”: for aeroplanes, touring motor gliders and powered-lift aircraft, it means the total time from the moment an aircraft first moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight; for helicopters, it means the total time from the moment a helicopter’s rotor blades start turning until the moment the helicopter finally comes to rest at the end of the flight, and the rotor blades are stopped; for airships, it means the total time from the moment an airship is released from the mast for the purpose of taking off until the moment the airship finally comes to rest at the end of the flight, and is secured on the mast’; (c) the definition of ‘powered sailplane’ is replaced by the following: ‘“Powered sailplane” means a sailplane equipped with one or more engines that has, with engines inoperative, the characteristics of a sailplane.’; (d) the definition of ‘touring motor glider’ is replaced by the following: ‘“Touring motor glider (TMG)” means, unless otherwise specified in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, a specific class of powered sailplanes that has an integrally mounted, non-retractable engine and a non-retractable propeller. It shall be capable of taking off and climbing under its engine power according to its flight manual.’; (e) the following definitions are inserted: (i) ‘“En route IFR flight” means the phase of an IFR flight that commences after the completion of an IFR departure procedure and finishes when commencing an IFR approach procedure.’; and (ii) ‘“Limited panel instrument flight” means attitude interpretation by reference to pressure instruments, turn rate gyro and slip indicator.’; (f) the following definitions are deleted: ‘Class of balloon’ and ‘Group of balloon’; (2) point FCL.015 in amended as follows: (a) paragraph (a) is replaced by the following: Page 2 of 28  Annex Ib to EASA Opinion No 01/2019 ‘(a) An application for the issue, revalidation or renewal of pilot licences and associated ratings and certificates as well as any amendment thereto shall be submitted to the competent authority in a form and manner established by this authority. The application shall be accompanied by evidence that applicants comply with the requirements for the issue, revalidation or renewal of the licence or certificate as well as associated ratings or endorsements, established in this Annex (Part-FCL) and in Annex IV (Part-MED).’; (b) paragraph (b) is replaced by the following: ‘(b) Unless otherwise specified in this Part, any limitation or extension of the privileges granted by a licence, rating or certificate shall be endorsed in the licence or certificate by the competent authority.’; (c) paragraph (d) is replaced by the following: ‘(d) A licence holder shall submit applications as specified in paragraph (a) to the competent authority designated by the Member State in which his or her licence in accordance with this Annex (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, was issued. (d) new paragraphs (e) and (f) and added as follows: ‘(e) Without prejudice to paragraph (d), the holder of a licence that has been issued in accordance with this Annex (Part-FCL) may request a change of competent authority. Such a request shall include a transfer of all licensing and medical records related to all licences held by that person, as specified in paragraph (d), to the competent authority designated by another Member State. (f) The applicant for the issue of a licence, rating or certificate shall apply not later than 6 months after having succeeded at the skill test or assessment of competence.’; (3) in point FCL.020, paragraph (b) is replaced by the following: ‘(b) Before his or her first solo flight, a student pilot shall be at least 16 years of age.’; (4) point FCL.025(c)(1) is amended as follows: (a) paragraph (i) is replaced by the following: ‘(i) for the issue of a light aircraft pilot licence or a private pilot licence, for a period of 24 months;’; (b) paragraphs (ii) and (iii), including the closing phrase, are replaced by the following: ‘(ii) for the issue of a commercial pilot licence or instrument rating (IR), for a period of 36 months; (iii) for the issue of a basic instrument rating (BIR), for an unlimited duration. The periods in paragraphs (i) and (ii) shall be counted from the day on which the pilots successfully complete the theoretical knowledge examination, in accordance with paragraph (b)(2).’; (5) in point FCL.035, paragraph (b) is replaced by the following: ‘(b) Crediting of theoretical knowledge Page 3 of 28  Annex Ib to EASA Opinion No 01/2019 (1) An applicant that has passed the theoretical knowledge examination for an airline transport pilot licence shall be credited with the theoretical knowledge requirements for the light aircraft pilot licence, the private pilot licence, the commercial pilot licence and, except in the case of helicopters, the IR and the BIR in the same category of aircraft. (2) An applicant that has passed the theoretical knowledge examination for a commercial pilot licence shall be credited with the theoretical knowledge requirement for: (i) the light aircraft pilot licence in the same category of aircraft; (ii) the private pilot licence in the same category of aircraft; and (iii) the theoretical knowledge examination for the BIR. This credit shall include the IFR part of the subject ‘communications’ only if the subject ‘communications’ was completed in accordance with point FCL.310, as amended by Commission Implementing Regulation (EU) 2018/1974. (3) The holder of an IR or an applicant that has passed the IR theoretical knowledge examination for a category of aircraft shall be fully credited towards the requirements for the theoretical knowledge instruction and examination for: (i) the IR in another category of aircraft; and (ii) the BIR. (4) The holder of a pilot licence shall be credited towards the requirements for theoretical knowledge instruction and examination for a licence in another category of aircraft in accordance with Appendix 1 to this Part. (5) By way of derogation from paragraph (b)(3), the holder of an IR(A) who has completed a competency-based modular IR(A) course shall only be credited in full towards the requirements for theoretical knowledge instruction and examination for an IR in another category of aircraft when the holder has also passed the theoretical knowledge instruction and examination for the IFR part of the course required in accordance with FCL.720.A(b)(2)(i). This credit also applies to applicants for a pilot licence who have already successfully completed the theoretical knowledge examinations for the issue of that licence in another category of aircraft, as long as it is within the validity period specified in FCL.025(c).’; (6) point FCL.055 is amended as follows: (a) in paragraph (d), the introductory sentence is replaced by the following: ‘(d) Specific requirements for holders of an instrument rating (IR). By way of derogation from the paragraphs above, holders of an IR shall have demonstrated the ability to use the English language at a level which allows them to:’; (b) paragraph (e) is replaced by the following: ‘(e) The demonstration of language proficiency and the use of English for IR holders shall be done through a method of assessment that is established by any competent authority.’; Page 4 of 28  Annex Ib to EASA Opinion No 01/2019 (7) point FCL.060 is amended as follows: (a) paragraph (a) is deleted; (b) in paragraph (b), the introductory sentence is replaced by the following: ‘(b) Aeroplanes, helicopters, powered-lift aircraft and airships. A pilot shall not operate an aircraft in commercial air transport or to carry passengers:’; (8) point FCL.065 is amended as follows: (a) paragraph (b) is replaced by the following: ‘(b) Age 65. The holder of a pilot licence who has attained the age of 65 years shall not act as a pilot of an aircraft that is engaged in commercial air transport.’; (b) paragraph (c) is deleted; (9) point FCL.100 is replaced by the following: ‘FCL.100 LAPL — Minimum age Applicants for the LAPL for aeroplanes or helicopters shall be at least 17 years of age.’; (10) in point FCL.110.A, paragraph (b) is replaced by the following: ‘(b) Specific requirements for applicants who hold an SPL issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including privileges to fly TMGs. Applicants for an LAPL(A) who hold an SPL with the privileges to fly TMGs shall have completed at least 21 hours of flight time on TMGs after the endorsement of the TMG privileges and complied with the requirements of FCL.135.A(a) on aeroplanes.’; (11) in point FCL.135.A, the following paragraph (c) is added: ‘(c) An applicant for the extension of privileges of the LAPL(A) to TMG who also holds an SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including the privileges to fly on TMGs, shall receive full credits towards the requirements in paragraph (a).’; (12) Sections 4 and 5 of Subpart B are deleted; (13) the title of Subpart C is amended as follows: ‘PRIVATE PILOT LICENCE (PPL)’; (14) point FCL.200 is replaced by the following: ‘FCL.200 Minimum age An applicant for a PPL shall be at least 17 years of age.’; Page 5 of 28  Annex Ib to EASA Opinion No 01/2019 (15) point FCL.210 is replaced by the following: ‘FCL.210 Training course Applicants for a PPL shall complete a training course at an ATO or a DTO. The course shall include theoretical knowledge and flight instruction appropriate to the privileges granted.’; (16) in point FCL.215, the introductory sentence is replaced by the following: ‘Applicants for a PPL shall demonstrate a level of theoretical knowledge appropriate to the privileges granted through examinations in the following subjects:’; (17) point FCL.235 is amended as follows: (a) paragraph (a) is replaced by the following: ‘(a) Applicants for a PPL shall demonstrate through the completion of a skill test the ability to perform, as PIC on the appropriate aircraft category, the relevant procedures and manoeuvres with the competency appropriate to the privileges granted.’; (b) paragraph (b) is replaced by the following: ‘(b) An applicant for the skill test shall have received flight instruction on the same class or type of aircraft to be used for the skill test.’; (18) in point FCL.210.A, paragraph (c) is amended as follows: (a) the introductory sentence is replaced by the following: ‘(c) Specific requirements for applicants who hold an SPL issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including privileges to fly TMGs. Applicants for a PPL(A) who hold an SPL with the privileges to fly TMGs shall have completed:’; (b) subparagraph (1) is replaced by the following: ‘(1) at least 24 hours of flight time on TMGs after endorsement of the TMG privileges; and’; (19) in point FCL.210.As, paragraph (b) is replaced by the following: ‘(b) Applicants who hold a BPL issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and are qualified to fly hot-air airships shall be credited with 10 % of their total flight time as PIC on such airships up to a maximum of 5 hours.’; (20) in Subpart C, Sections 5 and 6 are deleted; (21) point FCL.600 is replaced by the following: ‘FCL.600 IR — General Except as provided in FCL.835, operations under IFR on an aeroplane, helicopter, airship or powered-lift aircraft shall only be conducted by holders of a PPL, CPL, MPL and ATPL with an IR appropriate to the category of aircraft or when undergoing skill testing or dual instruction.’; Page 6 of 28  Annex Ib to EASA Opinion No 01/2019 (22) in point FCL.700, paragraph (a) is replaced by the following: ‘(a) Holders of a pilot licence shall not act in any capacity as pilots of an aircraft unless they have a valid and appropriate class or type rating, except in any of the following cases: (1) for LAPL; (2) when they take skill tests or proficiency checks for renewal of class or type ratings; (3) when they receive flight instruction; and (4) when they hold a flight test rating issued in accordance with point FCL.820.’; (23) in point FCL.725, the following paragraph (f) is added: ‘(f) An applicant for a class rating for TMGs who also holds an SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, including the privileges to fly on TMGs, shall receive full credits towards the requirements in paragraphs (a), (b) and (c).’; (24) point FCL.740.A is amended as follows: (a) paragraph (a)(4) is replaced by the following: ‘(4) The revalidation of a BIR or an IR(A), if held, may be combined with a proficiency check for the revalidation of a class or type rating.’ (b) paragraph (b)(1) is replaced by the following: ‘(1) Single-engine piston aeroplane class ratings and TMG class ratings. For the revalidation of single-pilot single-engine piston aeroplane class ratings or TMG class ratings, the applicant shall:’; (c) a new paragraph (b)(5) is added: ‘(5) The proficiency check for the revalidation of a single-pilot single-engine aeroplane class rating may be combined with the proficiency check for the revalidation of a BIR, in accordance with FCL.835(g)(8).’; (25) point FCL.800 is amended as follows: (a) paragraph (a) is replaced by the following: ‘(a) Holders of a pilot licence with privileges to fly aeroplanes or TMGs shall only undertake aerobatic flights when they hold an aerobatic rating in accordance with this point.’; (b) paragraph (b)(1) is replaced by the following: ‘(1) after the issue of the licence, at least 30 hours of flight time as PIC in aeroplanes or TMGs;’; (c) paragraph (b)(2)(ii) is replaced by the following: ‘(ii) at least 5 hours of aerobatic instruction in aeroplanes or TMGs flown with engine power.’; (d) paragraph (c) is replaced by the following: Page 7 of 28  Annex Ib to EASA Opinion No 01/2019 ‘(c) The privileges of the aerobatic rating shall be limited to aerobatic flight in either aeroplanes or TMGs flown with engine power, depending on which aircraft the requirements of (b)(1) and (b)(2)(ii) were complied with. This limitation shall be lifted upon application when a pilot has successfully completed at least 3 dual training flights in aeroplanes or TMGs flown with engine power, as applicable, covering the full aerobatic training syllabus.’; (e) paragraph (d) is added as follows: ‘(d) Applicants for an aerobatic rating who also hold a TMG class rating as well as advanced aerobatic privileges for sailplanes with privileges as specified in point SFCL.200(d) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 shall: (1) after having complied with the requirements of (b)(1) and (b)(2)(ii) in aeroplanes, be exempted from getting their aerobatic rating limited to aeroplanes, as specified in paragraph (c); or (2) receive full credit towards the requirements in paragraph (b) for the issue of an aerobatic rating restricted to TMGs flown with engine power. This limitation shall be lifted upon application when a pilot has completed the training as specified in paragraph (c).’; (26) point FCL.805 is amended as follows: (a) paragraph (b)(2)(iii) is replaced by the following: ‘(iii) except for holders of an SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, 5 familiarisation flights in a sailplane which is launched by an aircraft.’; (b) paragraph (g) is added: ‘(g) Applicants for a sailplane towing or banner towing rating on TMGs in accordance with this point shall receive full credit towards the requirements of paragraph (b) or (c), as applicable, when they hold a sailplane towing or banner towing rating in accordance with point SFCL.205 of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, or when they have fulfilled all the requirements for the issue of that rating.’; (27) point FCL.810 is amended as follows: (a) paragraph (a)(1) is replaced by the following: ‘(1) If the privileges of an LAPL or a PPL for aeroplanes, TMGs or airships are to be exercised in VFR conditions at night, applicants shall have completed a training course at a DTO or at an ATO. The course shall comprise:’; (b) paragraph (a)(4) is added: ‘(4) Applicants for a night rating for aeroplanes or TMGs in accordance with this subparagraph shall receive full credit towards the requirements of subparagraphs (1) and (2) when they hold a TMG night rating in accordance with point SFCL.210 of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 or when they have fulfilled all the requirements for the issue of that rating.’; Page 8 of 28  Annex Ib to EASA Opinion No 01/2019 (c) paragraph (c) is deleted; (28) in point FCL.815, the introductory sentence of paragraph (a) is replaced by the following: ‘(a) Privileges. The privileges of the holder of a mountain rating are to conduct flights with aeroplanes or TMGs to and from surfaces which are designated by the appropriate authorities designated by the Member States to require such a rating. Holders of an LAPL or a PPL with privileges to fly aeroplanes or TMGs may obtain the initial mountain rating either on:’; (29) point FCL.825 is deleted; (30) point FCL.830 is deleted; (31) point FCL.835 is inserted as follows: ‘FCL.835 Basic instrument rating (BIR) (a) Privileges and conditions (1) The privileges of a BIR holder are to conduct flights under IFR on single-pilot aeroplanes for which class ratings are held, excluding high-performance aeroplanes and aeroplane variants for which operational suitability data has determined that an IR is required. (2) BIR privileges shall only be exercised in accordance with FCL.205.A, after completion of the relevant training modules of FCL.835(c). (3) BIR privileges may be exercised at night if the pilot holds a night rating in accordance with FCL.810. (4) The privileges of a multi-engine BIR shall also be valid on single-engine aeroplanes for which the pilot holds a valid single-engine class rating. (5) The exercise of BIR privileges shall be subject to the following conditions: (i) the decision height (DH) or minimum descent height (MDH) used in aerodrome operating minima shall be at least 200 ft greater than what would otherwise be calculated according to “NCO.OP.110 Aerodrome operating minima — aeroplanes and helicopters” and “NCO.OP.111 Aerodrome operating minima — NPA, APV, CAT I operations”; and (ii) the visibility used in aerodrome operating minima shall not be less than 1 500 m; (iii) the pilot-in-command shall not commence or continue a flight under IFR, unless: (A) at the aerodrome of departure, the visibility is at least 1 500 m and the cloud ceiling is at least 600 ft, or the published circling minimum applicable to the aeroplane category, whichever is the greater; and (B) at the aerodrome and at any required alternate aerodrome the available current meteorological information indicates, for the period from 1 hour before until 1 hour after the estimated time of arrival, or from the actual time of departure to 1 hour after the estimated time of arrival, whichever Page 9 of 28  Annex Ib to EASA Opinion No 01/2019 period is shorter, a visibility of at least 1 500 m and a cloud ceiling of at least 600 ft, or the published circling minimum applicable to the aeroplane category, or the DH/MDH incremented by 200 ft in accordance with (i), whichever is the greater. (b) Prerequisites. Applicants for the BIR shall hold at least a PPL(A). (c) Training course. Applicants for the BIR shall have completed at an ATO: (1) theoretical knowledge instruction in accordance with FCL.615(a); and (2) flight instruction that: (i) comprises the following instrument flight instruction modules: (A) module 1 — the core flying training module of flight handling skills by sole reference to instruments; (B) module 2 — the applied flying training module of IFR departure, holding, 2D and 3D approach procedures; (C) module 3 — the applied flying training module of en-route IFR flight procedures; and (D) module 4 — if a multi-engine BIR is sought, the applied flying training module with one engine inoperative shall include asymmetric instrument approach and go-around procedures; and (ii) complies with the following requirements: (A) The module specified in (c)(2)(i)(A) shall be completed first. The modules specified in (c)(2)(i)(B) and (c)(2)(i)(C), and, if applicable, (c)(2)(i)(D), may be completed in an order chosen by the applicant. (B) The modules specified in (c)(2) may be completed in aeroplanes, FSTDs or a combination of these. In any case, the applicant shall receive training in the aeroplane to be used for the skill test. (C) The module specified in (c)(2)(i)(C) may be completed outside an ATO. (D) Prior to commencing the module specified in (c)(2)(i)(D), a pilot who does not hold a multi-engine aeroplane class or type rating shall have received the multi-engine training specified in Subpart H of this Annex. (d) Theoretical knowledge. Prior to taking the skill test, the applicant shall demonstrate a level of theoretical knowledge that is appropriate to the privileges granted, through examinations in the subjects referred to in FCL.615(b). The theoretical knowledge examination shall consist of one examination paper associated with each module as specified in (c)(2)(i)(A), (c)(2)(i)(B) and (c)(2)(i)(C). (e) Skill test. After the completion of the training, the applicant shall pass a skill test in an aeroplane in accordance with Appendix 7 to this Annex. For a multi-engine BIR, the skill test shall be taken in a multi-engine aeroplane. For a single-engine BIR, the skill test shall be taken in a single-engine aeroplane. A multi-engine centreline thrust aeroplane shall be considered to be a single-engine aeroplane for the purposes of this paragraph. (f) By way of derogation from (d), the holder of a single-engine BIR who also holds a multi- engine class rating and who wishes to obtain a multi-engine BIR for the first time shall complete a course of training at an ATO that comprises the training as specified in paragraph (c)(2)(i)(D) and shall pass the skill test referred to in paragraph (g). Page 10 of 28  Annex Ib to EASA Opinion No 01/2019 (g) Validity, revalidation and renewal (1) A BIR shall be valid for 1 year. (2) Applicants for the revalidation of a BIR shall: (i) within a period of 3 months immediately preceding the expiry date of the rating, pass a proficiency check in accordance with Appendix 9 to this Part in an aeroplane; or (ii) within 12 months preceding the expiry date of the rating, complete 6 hours as PIC under IFR including 3 instrument approach procedures and complete a training flight of at least 1 hour with an instructor who holds privileges to provide training for the BIR. (3) For each alternate subsequent revalidation, the holder of the BIR shall pass a proficiency check in accordance with paragraph (i)(2)(i). (4) If a pilot chooses to fulfil the revalidation requirements earlier than what is prescribed in paragraph (g)(2), the new validity period shall commence from the date of the proficiency check or flight with an instructor. (5) Applicants who fail to pass the relevant sections of a BIR proficiency check before the expiry date of the BIR shall not exercise the BIR privileges until they have passed the proficiency check. (6) If a BIR has expired, in order to renew their privileges, applicants shall: (i) complete refresher training provided by an instructor who holds privileges to provide training for the BIR to reach the level of proficiency needed; and (ii) pass a proficiency check. (7) For a multi-engine BIR, the proficiency check for the revalidation or renewal as well as the flying training required in paragraph (g)(2)(ii) shall be completed in a multi- engine aeroplane. (8) The proficiency check for the revalidation or renewal of a BIR may be combined with a proficiency check for the revalidation or renewal of a single-pilot aeroplane class rating on which BIR privileges may be exercised in accordance with point FCL.835(a)(1). (h) Applicants for the BIR who hold a Part-FCL PPL or CPL and a valid IR(A) issued in accordance with the requirements of Annex 1 to the Chicago Convention by a third country may be credited in full towards the training course referred to in paragraph (c)(2). In order to be issued with the BIR, the applicants shall: (1) successfully complete the skill test referred to in paragraph (e); (2) demonstrate orally to the examiner during the skill test that they have acquired an adequate level of theoretical knowledge of air law, meteorology, and flight planning and performance; and (3) have, at a minimum, experience of at least 25 hours of flight time under IFR as PIC on aeroplanes.’; (32) point FCL.915(c)(1) is replaced by the following: ‘(c) Credit towards further instructor certificates and for the purpose of revalidation: Page 11 of 28  Annex Ib to EASA Opinion No 01/2019 (1) Full credit towards the teaching and learning skills may be granted to: (i) holders of an instructor certificate who apply for further instructor certificates; and (ii) applicants for an instructor certificate who already hold an instructor certificate issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (33) point FCL.905.FI is amended as follows: (a) paragraph (a) is replaced by the following: ‘(a) a PPL and LAPL in the appropriate aircraft category;’; (b) paragraph (b) is replaced by the following: ‘(b) class and type ratings for single-pilot, single-engine aircraft, except for single-pilot high-performance complex aeroplanes;’; (c) in paragraph (g), both the introductory phrase and paragraph (g)(1) are replaced by the following: ‘(g) a BIR or an IR in the appropriate aircraft category, provided that they have: (1) in the case of providing training for an IR, at least 200 hours of flight time under IFR, of which up to 50 hours may be instrument ground time in an FFS, an FTD 2/3 or an FNPT II;’; (d) paragraph (f) is replaced by the following: ‘(f) a towing or aerobatic rating, provided that such privileges are held and the FI has demonstrated the ability to instruct for that rating to an FI who is qualified in accordance with point (i);’; (e) paragraph (i)(1) is replaced by the following: ‘(1) completed at least 500 hours of flight instruction in the appropriate aircraft category;’; (34) point FCL.910.FI is amended as follows: (a) paragraph (a)(1) is replaced by the following: ‘(1) for the issue of the PPL and LAPL;’; (b) paragraph (a)(3) is replaced by the following: ‘(3) for class and type ratings for single-pilot, single-engine aircraft, except for single-pilot high-performance complex aeroplanes;’; (c) paragraph (c)(3) is replaced by the following: ‘(3) for the FI(As), 15 hours or 50 take-offs of flight instruction covering the full training syllabus for the issue of a PPL(As).’; Page 12 of 28  Annex Ib to EASA Opinion No 01/2019 (35) in point FCL.915.FI, paragraphs (e) and (f) are deleted; (36) point FCL.930.FI is amended as follows: (a) paragraph (b)(2) is replaced by the following: ‘(2) at least 100 hours of theoretical knowledge instruction, including progress tests;’; (b) paragraph (b)(3)(ii) is replaced by the following: ‘(ii) in the case of an FI(As), at least 20 hours of flight instruction, of which 15 hours shall be dual flight instruction.’; (c) paragraphs (b)(3)(iii), (iv) and (v) are deleted; (37) point FCL.940.FI is amended as follows: (a) paragraph (a)(1)(i) is replaced by the following: ‘(i) in the case of an FI(A) and an FI(H), at least 50 hours of flight instruction in the appropriate aircraft category during the period of validity of the certificate as FIs, TRIs, CRIs, IRIs, MIs or examiners. If the privileges to instruct for the BIR and the IR are to be revalidated, 10 of these 50 hours shall be flight instruction for an IR or BIR and shall have been completed within the last 12 months immediately preceding the expiry date of the FI certificate. If the privileges to instruct for the BIR only are to be revalidated, 5 of these 50 hours shall be flight instruction for an IR or BIR;’; (b) paragraphs (a)(1)(iii) and (iv) are deleted; (c) paragraph (b) is replaced by the following: ‘(b) For at least each alternative subsequent revalidation, in the case of FI(A) or FI(H), or each third revalidation, in the case of FI(As), the holder shall have to pass an assessment of competence in accordance with point FCL.935.’; (38) in point FCL.905.TRI, paragraph (a) is replaced by the following: ‘(a) the revalidation and renewal of an IR, provided the TRI holds a valid IR;’; (39) in point FCL.905.IRI, paragraph (a) is replaced by the following: ‘(a) The privileges of IRIs are to instruct for the issue, revalidation and renewal of a BIR and an IR in the appropriate aircraft category.’; (40) in point FCL.905.STI, paragraph (a)(2) is replaced by the following: ‘(2) the issue, revalidation or renewal of a BIR and an IR and a class or type rating for single-pilot aircraft, except for single-pilot high-performance complex aeroplanes.’; (41) point FCL.1005.FE is amended as follows: (a) paragraph (a)(5) is replaced by the following: ‘(5) skill tests for the issue and proficiency checks for the revalidation and renewal of a BIR, provided that they have completed as least 1 000 hours as PIC in aeroplanes, Page 13 of 28  Annex Ib to EASA Opinion No 01/2019 including at least 250 hours of flight instruction, and hold the privilege to conduct instrument flight instruction.’; (b) paragraphs (d) and (e) are deleted; (42) in point FCL.1005.TRE, paragraph (a)(2) is replaced by the following: ‘(2) proficiency checks for the revalidation or renewal of type ratings and IRs;’; (43) in point FCL.1005.CRE, paragraph (b)(3) is replaced by the following: ‘(3) revalidation and renewal of BIRs, provided that the CRE has completed: (i) 1 500 hours of flight time as a pilot of aeroplanes; and (ii) 450 hours of flight time under IFR; and’; (44) point FCL.1005.IRE is replaced by the following: ‘FCL.1005.IRE IRE — Privileges The privileges of holders of an instrument rating examiner (IRE) certificate are to conduct skill tests for the issue and proficiency checks for the revalidation or renewal of BIRs and IRs.’; (45) in point FCL.1005.FIE, paragraph (c) is amended as follows: ‘(c) FIE(As). The privileges of an FIE on airships are to conduct assessments of competence for the issue, revalidation or renewal of instructor certificates of airships, provided that the relevant instructor certificate is held.’; (46) in point FCL.1010.FIE, paragraphs (d) and (e) are deleted; (47) Appendix 1 is amended as follows: (a) point 1 is replaced by the following: ‘1. LAPL and PPL’; (b) paragraph 1.1 is replaced by the following: ‘1.1. For the issue of an LAPL or PPL, the holder of an LAPL or PPL in another category of aircraft, a BPL issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or an SPL issued in accordance with Annex III (Part- SFCL) to Commission Implementing Regulation (EU) 2018/1976 shall be fully credited with theoretical knowledge on the common subjects established in point FCL.120(a).’; (c) in paragraph 1.2, the introductory sentence is replaced by the following: ‘1.2. By way of derogation from the paragraphs above, for the issue of an LAPL or PPL, the holder of a licence in another category of aircraft shall receive theoretical knowledge instruction and shall pass theoretical knowledge examinations to the appropriate level in the following subjects:’; (d) paragraph 1.3 is replaced by the following: Page 14 of 28  Annex Ib to EASA Opinion No 01/2019 ‘1.3. For the issue of a PPL, the holder of an LAPL in the same category of aircraft shall be credited in full towards the theoretical knowledge instruction and examination requirements.’; (e) paragraph 1.4 is replaced by the following: ‘1.4 By way of derogation from paragraph 1.2, for the issue of an LAPL(A), the holder of an SPL issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 with privileges to fly TMGs shall demonstrate an adequate level of theoretical knowledge for the single-engine piston aeroplane-land class in accordance with FCL.135.A(a)(2).’; (f) paragraph 4.1 is replaced by the following: ‘4.1 An applicant for an IR, or for a BIR when seeking credit under FCL.035(b)(3)(ii), who has passed the relevant theoretical examinations for a CPL in the same aircraft category is credited towards the theoretical knowledge requirements in the following subjects: — Human Performance, — Meteorology.’; (48) In Appendix 6, Chapter Aa is amended as follows: (a) paragraphs 9 and 10 are renumbered to 11 and 12; (b) paragraphs 9 and 10 are inserted as follows: ‘9. Applicants for the competency-based modular IR(A) who hold a BIR in accordance with FCL.835, and who have received at least 10 hours of instrument flight time under instruction at an ATO, may be credited in full towards the training course mentioned in paragraph 4, provided that all competency-based instrument rating topics have been included, as assessed by the ATO that provides the competency-based modular flying training course. 10. Applicants for the competency-based modular IR(A) who hold a BIR and have, at a minimum, experience of at least 50 hours of flight time under IFR as PIC on aeroplanes, shall: (a) at an ATO: (i) be assessed as having an acceptable standard of competency-based instrument rating theoretical knowledge; (ii) receive appropriate flight training to extend IFR privileges in accordance with FCL.605.IR(a); (b) after completion of (a); (i) successfully complete the skill test for the IR(A) in accordance with Appendix 7; (ii) demonstrate orally to the examiner during the skill test that they have acquired an adequate level of theoretical knowledge of air law, meteorology, and flight planning and performance.’; Page 15 of 28  Annex Ib to EASA Opinion No 01/2019 (49) Appendix 7 is amended as follows: (a) the title is replaced by ‘BIR and IR skill test’; (b) paragraph 1 is replaced by the following: ‘1. An applicant shall have received instruction on the same class or type of aircraft to be used in the test which shall be appropriately equipped for the training and testing purposes.’; (b) paragraph 7 is replaced by the following: ‘9. An applicant shall indicate to the examiner the checks and duties carried out, including the identification of radio facilities. The examiner shall take no part in the operation of the aircraft, except when intervention is necessary in the interests of safety or to avoid unacceptable delay to other traffic. Responsibility for the flight shall be allocated in accordance with national regulations.’; (50) the title of Appendix 9 replaced by ‘Training, skill test and proficiency check for MPL, ATPL, type and class ratings, and proficiency check for BIR and IR’. Page 16 of 28  Annex Ib to EASA Opinion No 01/2019 ANNEX II Amendments to Annex III to Commission Regulation (EU) No 1178/2011 (1) In point 7 of Section A, the introductory sentence is replaced by the following: ‘7. By way of derogation from the provisions of the points above, Member States may, for, competition flights or display flights of limited duration, accept a licence issued by a third country allowing the holder to exercise the privileges of a PPL as specified in Annex I, a BPL as specified in Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or an SPL as specified in Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, provided:’; (2) in point 8 of Section A, the introductory sentence is replaced by the following: ‘8. By way of derogation from the provisions of the points above, Member States may accept a licence which is equivalent to one of those referred to in point 7 and issued in compliance with the requirements of Annex 1 to the Chicago Convention by a third country for a maximum of 28 days per calendar year for specific non-commercial tasks, provided the applicant:’; (3) point 1 of Section B is replaced by the following: ‘1. The competent authority of a Member State may convert a licence which is issued in compliance with the requirements of Annex 1 to the Chicago Convention by a third country and which is: (a) a licence equivalent to those specified in point 7; or (b) a CPL or an ATPL, into a PPL in accordance with Annex I (Part-FCL) with a single-pilot class or type rating, a BPL in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or an SPL in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (4) point 2 of Section B is amended as follows: (a) paragraph (b) is replaced by the following: ‘(b) pass the PPL, BPL or SPL skill test, as relevant, in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976;’; (b) paragraph (d) is replaced by the following: ‘(d) hold a medical certificate, as required and issued in accordance with Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011;’ Page 17 of 28  Annex Ib to EASA Opinion No 01/2019 ANNEX III Amendments to Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011 Point MED.A.030 is amended as follows: (a) paragraph (c) is replaced by the following: ‘(c) When exercising the privileges of (a): (1) light aircraft pilot licence (LAPL), a balloon pilot licence (BPL) issued in accordance with Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or a sailplane pilot licence (SPL) issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, the pilot shall hold at least a valid LAPL medical certificate; (2) private pilot licence (PPL), the pilot shall hold at least a valid class 2 medical certificate; (3) BPL for the purpose of: (i) commercial passenger ballooning, the pilot shall hold at least a valid class 2 medical certificate; (ii) commercial operation other than commercial passenger ballooning, with more than 4 persons on board the aircraft, the pilot shall hold at least a valid class 2 medical certificate; (4) SPL for the purpose of commercial sailplane operations other than those specified in Article 3(2) of Commission Implementing Regulation (EU) YYYY/XX, the pilot shall hold at least a valid class 2 medical certificate; (5) a commercial pilot licence (CPL), a multi-crew pilot licence (MPL) or an airline transport pilot licence (ATPL), the pilot shall hold a valid class 1 medical certificate.’; (b) paragraph (e) is replaced by the following: ‘(e) If an instrument rating or basic instrument rating is added to a PPL, the licence holder shall undergo pure tone audiometry examinations in accordance with the periodicity and the standard required for class 1 medical certificate holders.’ Page 18 of 28  Annex Ib to EASA Opinion No 01/2019 ANNEX IV Amendments to Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011 (1) In point ARA.GEN.220, paragraph (b) is replaced by the following: ‘(b) The competent authority shall establish and keep up to date a list of all organisation certificates, FSTD qualification certificates and personnel licences, certificates and attestations it issued, DTO declarations it received, and the DTO training programmes it verified or approved for compliance with Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (2) point ARA.GEN.350 is amended as follows: (a) the introductory sentence of paragraph (da) is replaced by the following: ‘(da) By way of derogation from paragraphs (a) to (d), in the case of DTOs, if during oversight or by any other means the competent authority finds evidence that indicates DTO non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and of Annex III (Part- SFCL) to Commission Implementing Regulation (EU) 2018/1976, the competent authority shall:’; (b) paragraph (e) is replaced by the following: ‘(e) By way of derogation from any additional enforcement measures, when the authority of a Member State that acts in accordance with point ARA.GEN.300(d) identifies any non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 by an organisation certified by, or having made a declaration to, the competent authority of another Member State or the Agency, it shall inform that competent authority of that non-compliance.’; (3) in point ARA.FCL.250(a), subparagraph (3) is replaced by the following: ‘(3) the licence holder no longer complies with the applicable requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976;’; (4) in point ARA.FCL.300, paragraph (a) is replaced by the following: ‘(a) The competent authority shall put in place the necessary arrangements and procedures to allow applicants to take theoretical knowledge examinations in accordance with the applicable requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; Page 19 of 28  Annex Ib to EASA Opinion No 01/2019 (5) in point ARA.DTO.100, paragraph (b) is replaced by the following: ‘(b) If the declaration does not contain the required information, or contains information that indicates a non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, the competent authority shall act in accordance with point ARA.GEN.350(da).’; (6) in point ARA.DTO.110, paragraph (a) is replaced by the following: ‘(a) Upon receiving the training programmes of a DTO, and any changes thereto, notified to it in accordance with point DTO.GEN.115(c) of Annex VIII (Part-DTO) or the application for approval of the training programmes of a DTO submitted to it in accordance with point DTO.GEN.230(c) of that Annex, the competent authority shall verify the compliance of those training programmes with the requirements of Annex I (Part-FCL), Annex III (Part- BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.’; (7) Appendix I to Annex VI (Part-ARA) is amended as follows: (a) the introductory sentence after the heading ‘Flight crew licence’ is replaced by the following: ‘The flight crew licence issued by a Member State in accordance with Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part- SFCL) to Commission Implementing Regulation (EU) 2018/1976 shall conform to the following specifications:’; (b) paragraph (a)(1)(III) is replaced by the following: ‘(III) serial number of the licence commencing with the UN country code of the State of licence issue and followed by ‘FCL’, ‘BFCL’ or ‘SFCL’, as applicable, and a code of numbers and/or letters in Arabic numerals and in Latin script;’; (c) paragraph (a)(2)(XII) is replaced by the following: ‘(XII) ratings, certificates and, in the case of balloons and sailplanes, privileges: class, type, instructor certificates, etc., with dates of expiry, as applicable. Radio telephony (R/T) privileges may appear on the licence or on a separate certificate;’; (d) the template following paragraph (c), with the heading ‘Cover page’ (EASA Form 141 Issue 2), is amended as follows: (i) the phrase ‘Issued in accordance with Part-FCL’ is replaced by the following: ‘Issued in accordance with Part-FCL / Part-BFCL / Part-SFCL (non-applicable terms to be deleted)’; (ii) the phrase ‘This licence complies with ICAO standards, except for the LAPL and EIR privileges’ is replaced by the following: ‘This licence complies with ICAO standards, except for the LAPL and BIR privileges or when accompanied by an LAPL medical certificate’; (e) in the template following the heading ‘Page 2’, the phrase ‘Serial number of the licence will always commence with the UN country code of the State of the licence issue, followed Page 20 of 28  Annex Ib to EASA Opinion No 01/2019 by ‘FCL.’ (remark associated with field No III — Licence number) is replaced by the following: ‘Serial number of the licence will always commence with the UN country code of the State of the licence issue, followed by “FCL.”, “BFCL.” or “SFCL.”, as applicable.’; (f) the template following the heading ‘Page 3’ is amended as follows: (i) the phrase ‘Abbreviations used will be as used in Part-FCL (e.g. PPL(H), ATPL(A), etc.)’ (text associated with field No II — Title of the licence, date of initial issue and country code) is replaced by the following: ‘Abbreviations used will be as those used in Part-FCL (e.g. PPL(H), ATPL(A), etc.), Part-BFCL and Part-SFCL’; (ii) after the phrase ‘In case of LAPL: LAPL not issued in accordance with ICAO standards’ (text associated with field No XIII – Remarks), the following text is added: ‘In case of SPL: Privileges for aerobatic and sailplane cloud flying as well as for launching methods to be exercised in accordance with points SFCL.155, SFCL.200 and SFCL.215 of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.’ Page 21 of 28  Annex Ib to EASA Opinion No 01/2019 (8) Appendix III to Annex VI (Part-ARA) is amended as follows: CERTIFICATE FOR APPROVED TRAINING ORGANISATIONS (ATOs) European Union * Competent Authority APPROVED TRAINING ORGANISATION CERTIFICATE [CERTIFICATE NUMBER/REFERENCE] Pursuant to Commission Regulation (EU) No 1178/2011 [and Commission Regulation (EU) 2018/395 / Commission Implementing Regulation (EU) 2018/1976 (ADJUST AS APPLICABLE)] and subject to the conditions specified below, the [Competent Authority] hereby certifies [NAME OF THE TRAINING ORGANISATION] [ADDRESS OF THE TRAINING ORGANISATION] as a Part-ORA certified training organisation with the privilege to provide Part-FCL training courses, including the use of FSTDs, as listed in the attached training course approval / Part-BFCL training courses / Part-SFCL training courses [ADJUST AS APPLICABLE]. CONDITIONS: This certificate is limited to the privileges and the scope of providing the training courses, including the use of FSTDs, as listed in the attached training course approval. This certificate is valid whilst the approved organisation remains in compliance with Part-ORA, Part-FCL, Part-BFCL, Part-SFCL [ADJUST AS APPLICABLE] and other applicable regulations. Subject to compliance with the foregoing conditions, this certificate shall remain valid unless it has been surrendered, superseded, limited, suspended or revoked. Date of issue: Signed: [Competent Authority] * ‘European Union’ to be deleted for non-EU Member States EASA FORM 143 Issue 2 — Page 1/2 Page 22 of 28  Annex Ib to EASA Opinion No 01/2019 APPROVED TRAINING ORGANISATION CERTIFICATE TRAINING COURSE APPROVAL Attachment to ATO Certificate Number: [CERTIFICATE NUMBER/REFERENCE] [NAME OF THE TRAINING ORGANISATION] has obtained the privilege to provide and conduct the following Part-FCL / Part-BFCL / Part-SFCL [ADJUST AS APPLICABLE] training courses and to use the following FSTDs: Training course FSTD(s) used, including letter code (1) (1) as indicated on the qualification certificate This training course approval is valid as long as: (a) the ATO certificate has not been surrendered, superseded, limited, suspended or revoked; and (b) all operations are conducted in compliance with Part-ORA, Part-FCL, Part-BFCL, Part-SFCL [ADJUST AS APPLICABLE], other applicable regulations, and, when relevant, with the procedures in the organisation’s documentation as required by Part-ORA. Date of issue: Signed: [Competent Authority] For the Member State/EASA EASA FORM 143 Issue 2 — Page 2/2 Page 23 of 28  Annex Ib to EASA Opinion No 01/2019 (9) Appendix VIII to Annex VI (Part-ARA) is replaced by the following: Training programme approval for a declared training organisation (DTO) European Union (*) Competent authority Issuing authority: Name of DTO: DTO reference number: Training programme(s) approved: Doc reference: Remarks: Examiner standardisation — FE(S), FE(B) (**) Examiner refresher course — FE(S), FE(B) (**) The above-mentioned training programme(s) has (have) been verified by the above- mentioned competent authority and found to be in compliance with the requirements of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part- BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976. Date of issue: Signed: [competent authority] (*) ‘European Union’ to be deleted for non-EU Member States. (**) To be adjusted as applicable. EASA Form XXX Issue 2 — Page 1/1’. Page 24 of 28  Annex Ib to EASA Opinion No 01/2019 ANNEX V Amendments to Annex VII (Part-ORA) to Commission Regulation (EU) No 1178/2011 (1) Point ORA.ATO.110 is amended as follows: (a) in paragraph (b), subparagraph (1) is replaced by the following: ‘(1) ensuring that the training provided is in compliance with Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, and, in the case of flight test training, that the relevant requirements of Annex I (Part 21) to Commission Regulation (EU) No 748/2012 and the training programme have been established;’; (b) paragraph (d) is replaced by the following: ‘(d) Flight instructors and flight simulation training instructors shall hold the qualifications required by Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 for the type of training they provide.’; (2) in point ORA.ATO.125, paragraph (b) is replaced by the following: ‘(b) The training programme shall comply with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable, and, in the case of flight test training, the relevant requirements of Annex I (Part 21) to Commission Regulation (EU) No 748/2012.’ Page 25 of 28  Annex Ib to EASA Opinion No 01/2019 ANNEX VI Amendments to Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011 (1) Point DTO.GEN.110 is amended as follows: (a) paragraphs (a)(3) and (4) are replaced by the following: ‘(3) for sailplanes, in accordance with the requirements of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976: (a) theoretical knowledge instruction for the SPL; (b) flight instruction for the SPL; (c) training towards extension of privileges to sailplanes or TMGs in accordance with point SFCL.150; (d) training towards additional launching methods in accordance with point SFCL.155; (e) training towards additional ratings and privileges: basic aerobatic and advanced aerobatic privileges, sailplane and banner towing rating, TMG night rating, and sailplane cloud flying privileges; (f) training towards flight instructor certificate for sailplanes (FI(S)); (g) FI(S) refresher course.’; (4) for balloons, in accordance with the requirements of Annex III (Part-BFCL) to Commission Implementing Regulation (EU) 2018/1976: (a) theoretical knowledge instruction for the BPL; (b) flight instruction for the BPL; (c) training towards class or group extension in accordance with point BFCL.150; (d) training towards additional ratings: tethered hot-air balloon flight, night, and commercial operation rating; (g) training towards flight instructor certificate for balloons (FI(B)); (h) FI(B) refresher course.’; (b) paragraph (b) is replaced by the following: ‘(b) A DTO shall be entitled to also provide the examiner courses referred to in points BFCL.430 and BFCL.460(b)(1) of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 for FE(B), as well as in points SFCL.430 and SFCL.460(b)(1) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 for FE(S), provided that the DTO has submitted a declaration in accordance with point DTO.GEN.115 and the competent authority has approved the training programme in accordance with point DTO.GEN.230(c).’; Page 26 of 28  Annex Ib to EASA Opinion No 01/2019 (2) in point DTO.GEN.115(a), subparagraph (8) is replaced by the following: ‘(8) a statement that confirms that the DTO complies and will, during all training activities covered by the declaration, continue to comply with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation and with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (3) point DTO.GEN.210 is amended as follows: (a) paragraph (a)(2)(i) is replaced by the following: ‘(i) that the training provided complies with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Regulation (EU) 2018/1976 and with the DTO’s training programme;’; (b) paragraph (e) is replaced by the following: ‘(e) Flight instructors and flight simulation training instructors shall hold the qualifications required by Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 for the type of training they provide.’; (4) point DTO.GEN.230 is amended as follows: (a) paragraph (b) is replaced by the following: ‘(b) The training programmes shall comply with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.’; (b) paragraph (c) is replaced by the following: ‘(c) A DTO shall be entitled to provide the training referred to in point DTO.GEN.110(b) only when its training programme for that training, and any changes thereto, have been issued by the competent authority, upon application by the DTO, with an approval in accordance with point ARA.DTO.110, confirming that the training programme and any changes thereto comply with the requirements of Annex I (Part- FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable. A DTO shall apply for such approval through the submission of its declaration in accordance with point DTO.GEN.115.’; Page 27 of 28  Annex Ib to EASA Opinion No 01/2019 (5) in Appendix 1 to Annex VIII, Section 9 of the declaration form is replaced by the following: ‘9. Statement The DTO has developed a safety policy in accordance with Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011, and in particular with point DTO.GEN.210(a)(1)(ii) thereof, and will apply that policy during all training activities covered by the declaration. The DTO complies and will, during all training activities covered by the declaration, continue to comply with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part- FCL) and Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011, and with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976. We confirm that all information contained in this declaration, including its annexes (if applicable), is complete and correct. Name, date and signature of the representative of the DTO Name, date and signature of the head of training of the DTO’ Page 28 of 28 EUROPEAN COMMISSION Brussels, XXX […](2019) XXX draft Annex IIa to EASA Opinion No 01/2019 COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX amending Commission Regulation (EU) 2018/395 as regards balloon pilot licences EN EN  DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/… of XXX amending Commission Regulation (EU) 2018/395 as regards balloon pilot licences THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Articles 23 and 27 thereof, Whereas: (1) The European Commission is to adopt the necessary implementing rules for establishing the requirements for balloon pilot licences in accordance with Regulation (EU) 2018/1139, where such aircraft meet the conditions specified in points (b)(i) and (ii) of Article 2(1) of that Regulation. (2) In light of the specific nature of flight crew licensing for balloons, there is a need for dedicated licensing requirements that are laid down in self-standing regulations. Those rules should be based on the general rules for flight crew licensing that are laid down in Commission Regulation (EU) No 1178/2011 (2), but they should be restructured and simplified, so as to ensure that they are proportionate and founded on a risk-based approach, whilst ensuring that balloon pilots are and continue to be competent to carry out their activities and to discharge their responsibilities. (3) These new licensing requirements for balloon pilots should be added to Commission Regulation (EU) 2018/395 (3). At the same time, the licensing requirements that are related to balloon pilot licences and are laid down in Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 should be deleted, and those requirements of Annex I (Part-FCL) that address cross-domain issues, such as crediting provisions between balloon pilot licences and licences for other aircraft categories, should be revised in order to consider the new licensing requirements for balloons. (4) Pursuant to Article 12(2a)(3) of Commission Regulation (EU) No 1178/2011, Member States may apply national licensing rules that provide access to basic pilot privileges until 8 April 2020. Some Member States have reported to the European Commission ( 1) OJ L 212, 22.8.2018, p. 1. ( 2) 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 (OJ L 311, 25.11.2011, p. 1). ( 3) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10). EN 1 EN  and the European Union Aviation Safety Agency that, in this context, authorising student pilots to exercise limited privileges without supervision and thereby obtain basic privileges on a step-by-step basis supports the promotion of aerial sports and recreational activities by offering easy and more affordable access to flying. Promoting and enabling such easier access to general aviation is in line with the objectives of the General Aviation Road Map that aims to create a more proportional, flexible and proactive regulatory system (4). For these reasons, Member States should be given the discretion to continue with such modular training routes which should be credited for the issue of a balloon pilot licence (BPL). Member States should be obliged to inform the European Commission and the European Union Aviation Safety Agency if they make use of such authorisations. They should also monitor the use of such authorisations in order to maintain an acceptable level of aviation safety. (5) In order to ensure a smooth transition and to avoid as much as possible any disruptions when introducing the new, specific regulatory framework for balloon flight crew licensing laid down in this Regulation, any certificates, authorisations and approvals issued to balloon pilots in accordance with Commission Regulation (EU) No 1178/2011 prior to the date of application of this Regulation should continue to be valid. National balloon pilot licences issued prior to the date of application of this Regulation should be converted into licences, issued in accordance with this Regulation, through conversion reports established by the Member States in consultation with the European Union Aviation Safety Agency. (6) Credit should be granted for balloon pilot training that commenced prior to the date of application of this Regulation. As the new balloon pilot training requirements that are introduced with this Regulation are equally or less demanding compared to the so far applicable requirements of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, training in accordance with Annex I (Part-FCL) should be fully credited. Credit for training that commenced in accordance with Annex 1 to the Chicago Convention should be determined through credit reports established by the Member States. (7) It should be possible for Member States to accept balloon licences that are issued by third countries. Based on the requirements of the so far applicable Article 8 of Commission Regulation (EU) No 1178/2011, the conditions for accepting third- country balloon pilot licences should be laid down. (8) The requirements of Annex VI (Part-ARA), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011 should continue to apply to balloon flight crew licensing as, in the context of making the regulatory framework for balloons simpler, lighter and better, there is no need for amendments with regard to these Annexes. Existing training organisations should be given the appropriate time to adapt their training programmes, where necessary, in the context of the simplified training requirements. (9) The European Union Aviation Safety Agency has prepared draft implementing rules and submitted them with Opinion No 01/2019 (5) to the European Commission in accordance with points (b) and (c) of Article 75(2) and with Article 76(1) of Regulation (EU) 2018/1139. ( 4) https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map ( 5) https://www.easa.europa.eu/document-library/opinions EN 2 EN  (10) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation 2018/1139, HAS ADOPTED THIS REGULATION: Article 1 Commission Regulation (EU) 2018/395 is amended as follows: (1) the title of Commission Regulation (EU) 2018/395 is replaced by the following: ‘Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of as well as the flight crew licensing for balloons pursuant to Regulation (EU) 2018/1139’; (2) in Article 1, paragraph 1 is replaced by the following: ‘1. This Regulation lays down detailed rules for air operations with balloons as well as for issuing and maintaining pilot licences and associated ratings, privileges and certificates for balloons, where such aircraft meet the conditions laid down in points (b)(i) and (ii) of Article (2)(1) of Regulation (EU) 2018/1139.’; (3) Article 2 is amended as follows: (a) the introductory sentence is replaced by the following: ‘For the purpose of this Regulations, the following definitions and, unless terms are defined otherwise in this Article, the definitions of Article 2 of Commission Regulation (EU) No 1178/2011 apply:’ (b) the following point (7a) is inserted: ‘(7a) “commercial operation” means any operation of a balloon, in return for remuneration or other valuable consideration, which is available for the public or, when not made available to the public, is performed under a contract between an operator and a customer, where the latter has no control over the operator;’; (c) point (10) is replaced by the following: ‘(10) “introductory flight” means any air operation, against remuneration or other valuable consideration, that consists of an air tour of short duration for the purpose of attracting new trainees or new members, performed either by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011 (6) or by an organisation established with the aim of promoting aerial sport or leisure aviation;’; (d) point (12) is replaced by the following: ‘(12) “dry lease agreement” means an agreement between undertakings pursuant to which the balloon is operated under the responsibility of the lessee;’; (e) the following points (13) to (15) are added: (6) 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 (OJ L 311, 25.11.2011, p. 1). EN 3 EN  ‘(13) “national licence” means a pilot licence issued by a Member State in accordance with national legislation before the date of application of Annex III (Part-BFCL) to this Regulation or of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011; (14) “Part-BFCL licence” means a flight crew licence which complies with the requirements of Annex III (Part-BFCL) to this Regulation; (15) “conversion report” means a report on the basis of which a licence may be converted into a Part-BFCL licence;’; (4) Article 3 is amended as follows: (a) in paragraph (2), the first subparagraph is replaced by the following: ‘2. In accordance with point (a) of Article 30(1) of Regulation (EU) 2018/1139 operators of balloons shall engage in commercial operations only after having declared to the competent authority their capacity and means to discharge the responsibilities associated with the operation of the balloon.’; (b) in paragraph (2), the second subparagraph is deleted; (c) in paragraph (2), the introductory sentence of the third subparagraph is replaced by the following: ‘The first subparagraph shall not apply to the following operations with balloons:’; (d) in paragraph (2), points (c) and (d) are replaced by the following: ‘(c) introductory flights with four individuals or less, including the pilot, and flights for the purposes of parachute dropping, performed either by a training organisation that has its principal place of business in a Member State and referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created for the purposes of promoting aerial sport or leisure aviation, provided that the organisation operates the balloon on the basis of either ownership or a dry lease agreement, that the flight does not generate profits distributed outside the organisation and that such flights represent only a marginal activity of the organisation; (d) training flights performed by a training organisation referred to in Article 10a of Regulation (EU) No 1178/2011 and has its principal place of business in a Member State.’; (5) after Article 3, the following Articles 3a to 3e are inserted: ‘Article 3a Pilot licences and medical certification 1. Without prejudice to Article 3d of this Regulation, pilots of aircraft referred to in Article 1(1) shall comply with the technical requirements and administrative procedures laid down in Annex III (Part-BFCL) to this Regulation and in Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. 2. As an exception to the privileges of the holders of licences as defined in Annex III (Part-BFCL) to this Regulation, holders of such licences may carry out flights EN 4 EN  referred to in Article 3(2)(a) to (d) without complying with point BFCL.215 of Annex III (Part-BFCL) to this Regulation. 3. A Member State may authorise student pilots who follow a BPL training course to exercise limited privileges without supervision before they meet all the requirements that are necessary for the issue of a BPL in accordance with Annex III (Part-BFCL) to this Regulation, subject to the following conditions: (a) the scope of the privileges granted shall be based on a safety risk assessment carried out by the Member State, taking into account the extent of training necessary for the intended level of pilot competence to be achieved; (b) the privileges shall be limited to the following: (i) the whole or part of the national territory of the authorising Member State; and (ii) balloons that are registered in the authorising Member State; (c) the holder of such an authorisation who applies for the issue of a balloon pilot licence (BPL) shall receive credits for training conducted under the authorisation on the basis of a recommendation from an approved training organisation (ATO) or a declared training organisation (DTO); (d) the Member State shall submit reports and safety risk assessments to the European Commission and the European Union Aviation Safety Agency every 3 years; (e) the Member State shall monitor the use of authorisations issued under this paragraph to ensure an acceptable level of aviation safety and take appropriate action in case of identifying an increased safety risk or any safety concerns. Article 3b Existing pilot licences and national medical certificates 1. Part-FCL licences for balloons and associated privileges, ratings and certificates issued by a Member State before the date of application of this Regulation shall be deemed to have been issued in accordance with this Regulation. When a Member State reissues licences for administrative reasons or upon application by licence holders, the Member State shall replace these licences with licences that comply with the format laid down in Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011. 2. When a Member State reissues licences and associated privileges, ratings and certificates in accordance with paragraph 1, the Member State shall, as applicable: (a) transfer all privileges endorsed so far in Part-FCL licences to the new licence format; (b) convert the privileges for tethered flight or commercial operation associated with a Part-FCL licence into a tethered flight rating or a commercial operation rating in accordance with the provisions of Annex III (Part-BFCL) to this Regulation; and (c) endorse the expiry date of a flight instructor certificate associated with a Part-FCL licence into the pilot’s logbook or issue an equivalent document. EN 5 EN  After that date, those pilots shall exercise instructor privileges only when they comply with point BFCL.460 of Annex III (Part-BFCL) to this Regulation. 3. Holders of national licences for balloons issued by a Member State before the date of application of Annex III (Part-BFCL) to this Regulation shall be allowed to continue to exercise the privileges of their licences until 8 April 2021. By that date, these licences shall have been converted into Part-BFCL licences and associated ratings, privileges and certificates in accordance with the elements laid down in a conversion report that complies with the requirements of Article 4(4) and (5) of Commission Regulation (EU) No 1178/2011. 4. National pilot medical certificates associated with a licence as specified in paragraph 2 above and issued by a Member State before the date of application of Annex III (Part-BFCL) to this Regulation shall remain valid until the date of their next revalidation or until 8 April 2021, whichever is the earlier. The revalidation of these medical certificates shall comply with the requirements of Annex IV (Part-MED) to Commission Regulation (EU) No 1178/2011. Article 3c Credit for training that commenced prior to the date of application of this Regulation 1. In respect of issuing Part-BFCL licences and associated privileges, ratings or certificates in accordance with Annex III (Part-BFCL) to this Regulation, training that commenced prior to the date of application of this Regulation in accordance with Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 shall be deemed to have commenced in accordance with this Regulation. 2. Training that commenced prior to the date of application of this Regulation or of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, in accordance with Annex 1 to the Chicago Convention, shall be given credit for the purposes of issuing Part-BFCL licences on the basis of a credit report established by the Member State in consultation with the European Union Aviation Safety Agency. 3. The credit report shall describe the scope of the training, indicate for which requirements of Part-BFCL credit is given and, if applicable, which requirements applicants need to comply with in order to be issued with a Part-BFCL licence. It shall include copies of all the documents that are necessary to demonstrate the scope of the training, as well as copies of the national regulations and procedures in accordance with which the training was commenced. Article 3d Conditions for the acceptance of licences issued by third countries 1. Without prejudice to international agreements concluded between the European Union and a third country in accordance with point (a) of Article 68(1) of Regulation (EU) 2018/1139 covering balloon pilot licensing, Member States may accept third-country balloon licences and associated ratings, privileges or EN 6 EN  certificates, as well as associated medical certificates issued by or on behalf of third countries, in accordance with the provisions of Annex III to Commission Regulation (EU) No 1178/2011. 2. Applicants for a Part-BFCL licence who already hold at least an equivalent licence, rating, privilege or certificate issued in accordance with Annex 1 to the Chicago Convention by a third country shall comply with all the requirements of Annex III (Part-BFCL) to this Regulation, except that the course duration, the number of lessons and the specific training hours may be reduced. 3. The credit given to the applicant shall be determined by the Member State to which the pilot applies on the basis of a recommendation from an ATO or a DTO for balloons. Article 3e Training organisations 1. Training organisations for pilot licences referred to in Article 1(1) shall comply with the requirements of Article 10a of Commission Regulation (EU) No 1178/2011. 2. Training organisations referred to in paragraph 1 which hold an approval issued in accordance with Annex VII (Part-ORA) to Commission Regulation (EU) No 1178/2011 or have submitted a declaration in accordance with Annex VIII (Part-DTO) to Commission Regulation (EU) No 1178/2011 before the date of application of this Regulation shall adapt their training programmes, where necessary, by 8 April 2021 at the latest.’; (6) Annex I (Part-DEF) is amended in accordance with Annex I to this Regulation; (7) Annex II (Part-BOP) is amended in accordance with Annex II to this Regulation; (8) Annex III (Part-BFCL) is added as set out in Annex III to this Regulation. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 8 April 2020. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission The President […] EN 7 EN EUROPEAN COMMISSION Brussels, XXX […](2019) XXX draft Annex Ia to EASA Opinion No 01/2019 COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX 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 EN EN  DRAFT COMMISSION IMPLEMENTING REGULATION (EU) …/... of XXX 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 THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Articles 23 and 27 thereof, Whereas: (1) Commission Regulation (EU) No 1178/2011 (2) 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. Such implementing rules have been adopted with Commission Regulation (EU) No 1178/2011. (2) In light of the specific nature of flight crew licensing for balloons and sailplanes, there is a need for dedicated licensing requirements that are laid down in self-standing regulations. Those rules should be based on the general rules for flight crew licensing that are laid down in Commission Regulation (EU) No 1178/2011, but they should be restructured and simplified, in order to ensure that they are proportionate and founded on a risk-based approach, whilst ensuring that balloon and sailplane pilots are and continue to be competent to carry out their activities and to discharge their responsibilities. (3) These new licensing requirements for balloon and sailplane pilots should be laid down in Commission Regulation (EU) 2018/395 (3) (the balloon operations regulation) and Commission Implementing Regulation (EU) 2018/1976 (4) (the sailplane operations regulation). At the same time, the licensing requirements that are related to balloon and sailplane pilot licences and that are laid down in Annex I (Part-FCL) to Commission ( 1) OJ L 212, 22.8.2018, p. 1. ( 2) 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 (OJ L 311, 25.11.2011, p. 1). ( 3) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10). ( 4) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326 , 20.12.2018, p. 64). EN 1 EN  Regulation (EU) No 1178/2011 should be deleted, and those 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 order to consider 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 Commission 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 more encouraged to obtain privileges for flying in accordance with instrument flight rules (IFR). Hence, the existing rules concerning IFR privileges should be adapted by introducing the basic instrument rating (BIR) in Annex I (Part-FCL). The BIR should be specifically tailored to the needs of pilots that 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 already existing EIR in point FCL.825 of Annex I (Part-FCL) is redundant and should be deleted. Existing EIR holders should be entitled to continue to exercise their privileges and should receive credits when they seek to obtain a BIR. (7) Training for an EIR that commenced prior to the application of this Regulation should be allowed to be completed, and the issue of an EIR should follow within a given transitional period. (8) The measures provided for in this Regulation are based on Opinion No 01/2019 (5) 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, HAS ADOPTED THIS REGULATION: Article 1 Commission Regulation (EU) No 1178/2011 is amended as follows: (1) Article 1 is replaced by the following: ‘Article 1 Subject matter 1. This Regulation lays down detailed rules for: (a) different ratings for pilot licences, the conditions for issuing, maintaining, amending, limiting, suspending or revoking pilot licences, the privileges and responsibilities of the holders of pilot licences, the conditions for the conversion of existing national pilot licences and of national flight engineer licences into pilot licences, as well as the conditions for the acceptance of pilot licences issued by third countries; ( 5) https://www.easa.europa.eu/document-library/opinions EN 2 EN  (b) the certification of persons that are responsible for providing flight training or flight simulation training and for assessing pilots’ skills; (c) 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 mutually recognised medical certificates; (d) the certification of aero-medical examiners, as well as the conditions under which general medical practitioners may act as aero-medical examiners; (e) the periodical aero-medical assessment of cabin crew members, as well as the qualifications of persons who are responsible for this assessment; (f) the conditions for issuing, maintaining, amending, limiting, suspending or revoking cabin crew attestations, as well as the privileges and responsibilities of the holders of cabin crew attestations; (g) the conditions for issuing, maintaining, amending, limiting, suspending or revoking certificates of pilot training organisations and of aero-medical centres involved in the qualification and aero-medical assessment of civil aviation aircrew; (h) the requirements for the certification of flight simulation training devices and for organisations that operate and use those devices; (i) the requirements for the administration and management system to be fulfilled by the Member States, the European Union Aviation Safety Agency and the organisations in relation with the rules referred to in points 1(a) to (h). 2. Articles 11b and 11c as well as Annex IV (Part-MED), Annex VI (Part-ARA), Annex VI (Part-ORA) and Annex VIII (Part-DTO) to this Regulation shall apply to pilot licences for balloons and sailplanes in accordance with Commission Regulation (EU) 2018/395 and Commission Implementing Regulation (EU) 2018/1976.’; (2) in Article 2, paragraph 19 is replaced by the following: ‘(19) “flight instructor (FI)” means an instructor with the privileges to provide training in an aircraft in accordance with Subpart J of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Subpart FI of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or Subpart FI of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976;’; (3) the following Article 4c is inserted: ‘Article 4c Transitional measures for holders of an en route instrument rating 1. Holders of an en route instrument rating (EIR), as set out in point FCL.825 of Annex I (Part-FCL) prior to the application of [INSERT REFERENCE TO AMENDING REGULATION], shall, until [INSERT DATE OF FIRST ANNIVERSARY OF START OF APPLICATION OF AMENDING REGULATION]: (a) be entitled to continue to exercise the privileges of their EIR; EN 3 EN  (b) receive revalidation or renewal of their EIR, in accordance with point FCL.825(g) as in force prior to the application of [INSERT REFERENCE TO AMENDING REGULATION] in such way that the validity date of the EIR will end on [INSERT DATE OF FIRST ANNIVERSARY OF START OF APPLICATION OF AMENDING REGULATION] at the latest; (c) receive full credit towards the training requirements in point FCL.835(c)(2)(i)(A) and (C), when applying for the issue of a basic instrument rating (BIR) in accordance with point FCL.835 of Annex I (Part- FCL); and (d) receive full credit as established for EIR holders in Annex I (Part-FCL) before [INSERT REFERENCE TO AMENDING REGULATION] applied. 2. Training courses for an EIR as referred to in paragraph 1 that commenced prior to the application of [INSERT REFERENCE TO AMENDING REGULATION] shall, from [INSERT DATE OF START OF APPLICATION OF AMENDING REGULATION], be continued as training courses for a BIR. The approved training organisation that is responsible for the BIR training course shall, based on an assessment of the applicant, determine the amount of EIR training to be credited. 3. Applicants for a BIR who, in accordance with point FCL.825(g) as in force prior to the application of [INSERT REFERENCE TO AMENDING REGULATION], hold an EIR or have passed the theoretical knowledge examination for an EIR, shall receive full credit towards the requirements for the theoretical knowledge instruction and examination for the BIR. (4) Article 11c is replaced by the following: ‘Article 11c Transitional measures As regards organisations that provide training for pilot licences in accordance with Commission Regulation (EU) 2018/395 and Commission Implementing Regulation (EU) 2018/1976 and for which the European Union Aviation Safety Agency is the competent authority in accordance with Article 78 of Regulation (EU) 2018/1139: (a) Member States shall transfer to EASA all records related to the oversight of such organisations by 8 April 2021 at the latest; (b) certification processes initiated before 8 April 2020 by a Member State shall be concluded by that Member State in coordination with the European Union Aviation Safety Agency which shall assume all its responsibilities as competent authority concerning such organisations after the issuing of the certificate by that Member State.’; (5) in Article 12, paragraph 2a is deleted; (6) Annex I (Part-FCL) is amended in accordance with Annex I to this Regulation; (7) Annex III (Conditions for the acceptance of licences issued by or on behalf of third countries) is amended in accordance with Annex II to this Regulation; (8) Annex IV (Part-MED) is amended in accordance with Annex III to this Regulation; (9) Annex VI (Part-ARA) is amended in accordance with Annex IV to this Regulation; (10) Annex VII (Part-ORA) is amended in accordance with Annex V to this Regulation; EN 4 EN  (11) Annex VIII (Part-DTO) is amended in accordance with Annex VI to this Regulation. Article 2 1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. This Regulation shall apply from 8 April 2020. However, the following shall apply from the day referred to in paragraph 1: (a) Article 1(3); (b) having regard to Article 1(6), points (1)(e); (4)(b); (5); (6); (7); (32); (34); (36)(d); (40)(a); (41); (42); (43); (45); (46); (47); (50)(f); (51); (52); (53); (54) and (55) of Annex I to this Regulation; (c) having regard to Article 1(8), point (b) of Annex III to this Regulation; (d) having regard to Article 1(9), point (8)(d)(ii) of Annex IV to this Regulation. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission The President […] EN 5 EN