Regulation (EU) No 1178/2011

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC[5], and in particular Articles 7(6), 8(5) and 10(5) thereof,

Whereas:

(1)     Regulation (EC) No 216/2008 aims at establishing and maintaining a high uniform level of civil aviation safety in Europe. That Regulation provides for the means of achieving that objective and other objectives in the field of civil aviation safety.

(2)     Pilots involved in the operation of certain aircraft, as well as flight simulation training devices, persons and organisations involved in training, testing or checking of those pilots, have to comply with the relevant essential requirements set out in Annex III to Regulation (EC) No 216/2008. According to that Regulation pilots as well as persons and organisations involved in their training should be certified once they have been found to comply with essential requirements.

(3)     Similarly, pilots should be issued with a medical certificate and aero-medical examiners, responsible for assessing the medical fitness of pilots, should be certified once they have been found to comply with the relevant essential requirements. However, Regulation (EC) No 216/2008 envisages the possibility of general medical practitioners to act as aero-medical examiners under certain conditions and if permitted under national law.

(4)     Cabin crew involved in the operation of certain aircraft have to comply with the relevant essential requirements set out in Annex IV to Regulation (EC) No 216/2008. According to that Regulation, cabin crew should be periodically assessed for medical fitness to safely exercise their assigned safety duties. Compliance must be shown by an appropriate assessment based on aero-medical best practice.

(5)     Regulation (EC) No 216/2008 requires the Commission to adopt the necessary implementing rules for establishing the conditions for certifying pilots as well as persons involved in their training, testing or checking, for the attestation of cabin crew members and for the assessment of their medical fitness.

(6)     The requirements and procedures for the conversion of national pilot licences and national flight engineer licences into pilot licences should be laid down, to ensure that they are allowed to perform their activities under harmonised conditions; flight test qualifications should also be converted in accordance with this Regulation.

(7)     It should be possible for Member States to accept licences issued by third countries where a level of safety equivalent to that specified by Regulation (EC) No 216/2008 can be guaranteed; Conditions for the acceptance of licences issued by third countries should be laid down.

(8)     In order to ensure that training commenced before the application of this Regulation may be taken into account for the purposes of obtaining pilots’ licences, the conditions for recognising training already completed should be laid down; the conditions for recognising military licences should also be laid down.

(9)     It is necessary to provide sufficient time for the aeronautical industry and Member State administrations to adapt to the new regulatory framework, to allow Member States the time to issue specific types of pilot licences and medical certificates not covered by the ‘JAR’, and to recognise under certain conditions the validity of licences and certificates issued, as well as aero-medical assessment performed, before this Regulation applies.

(10)    Council Directive 91/670/EEC of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation[6] is repealed in accordance with Article 69(2) of Regulation (EC) No 216/2008. The measures adopted by this Regulation are to be regarded as the corresponding measures.

(11)    In order to ensure a smooth transition and a high uniform level of civil aviation safety in the Union, implementing measures should reflect the state of the art, including best practices, and scientific and technical progress in the field of pilot training and aircrew aero- medical fitness. Accordingly, technical requirements and administrative procedures agreed by the International Civil Aviation Organisation (ICAO) and the Joint Aviation Authorities until 30 June 2009 as well as existing legislation pertaining to a specific national environment, should be considered.

(12)    The Agency prepared draft implementing rules and submitted them as an opinion to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.

(13)    The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,

HAS ADOPTED THIS REGULATION: