Article 4 — Existing national pilots’ licences

1.       [Deleted]

2.       Non-JAR-compliant licences including any associated ratings, certificates, authorisations and/or qualifications issued or recognised by a Member State before the applicability of this Regulation shall be converted into Part-FCL licences by the Member State that issued the licence.

3.       Non-JAR-compliant licences shall be converted into Part- FCL licences and associated ratings or certificates in accordance with:

(a)      the provisions of Annex II; or

(b)     the elements laid down in a conversion report.

4.       The conversion report shall:

(a)      be established by the Member State that issued the pilot licence in consultation with the European Aviation Safety Agency (the Agency);

(b)     describe the national requirements on the basis of which the pilot licences were issued;

(c)      describe the scope of the privileges that were given to the pilots;

(d)     indicate for which requirements in Annex I credit is to be given;

(e)     indicate any limitations that need to be included on the Part-FCL licences and any requirements the pilot has to comply with in order to remove those limitations.

5.       The conversion report shall include copies of all documents necessary to demonstrate the elements set out in points (a) to (e) of paragraph 4, including copies of the relevant national requirements and procedures. When developing the conversion report, Member States shall aim at allowing pilots to, as far as possible, maintain their current scope of activities.

6.       Notwithstanding paragraph 3, holders of a class rating instructor certificate or an examiner certificate who have privileges for single-pilot high performance complex aircraft shall have those privileges converted into a type rating instructor certificate or an examiner certificate for single-pilot aeroplanes.

7.       A Member State may authorise student pilots who follow a LAPL training course to exercise limited privileges without supervision before they meet all the requirements necessary for the issuance of a LAPL, subject to the following conditions:

(a)      the scope of the privileges 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;

(ii)     aircraft registered in the authorising Member State;

(iii)     SEP aeroplanes and SEP helicopters, both with a maximum take-off mass not exceeding 2 000 kg;

(c)      for training conducted under the authorisation, the holder of such an authorisation who applies for the issuance of a LAPL shall receive credits that are determined by the Member State on the basis of a recommendation from an ATO or a DTO;

(d)     the Member State shall submit periodical reports and safety risk assessments to the Commission and to the Agency every 3 years;

(e)      the Member States 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 other safety concerns.

8.       Until 8 September 2021, a Member State may issue an authorisation to a pilot to exercise specified limited privileges to fly aeroplanes under instrument flight rules before the pilot complies with all of the requirements necessary for the issue of an instrument rating in accordance with this Regulation, subject to the following conditions:

(a)      the Member State shall only issue these authorisations when justified by a specific local need which cannot be met by the ratings established under this Regulation;

(b)     the scope of the privileges granted by the authorisation 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;

(c)      the privileges of the authorisation shall be limited to the airspace of the Member State’s national territory or parts of it;

(d)     the authorisation shall be issued to applicants having completed appropriate training with qualified instructors and demonstrated the required competencies to a qualified examiner, as determined by the Member State;

(e)     the Member State shall inform the Commission, EASA and the other Member States of the specificities of this authorisation, including its justification and safety risk assessment.

(f)      the Member State shall monitor the activities associated with the authorisation to ensure an acceptable level of safety and take appropriate action in case of identifying an increased risk or any safety concerns;

(g)      the Member State shall carry out a review of the safety aspects of the implementation of the authorisation and submit a report to the Commission by 8 April 2017 at the latest.

9.       For licences issued before 19 August 2018, Member States shall comply with the requirements laid down in the second paragraph of point (a) of ARA.FCL.200 as amended by Commission Regulation (EU) 2018/1065[12] by 31 December 2022 at the latest.