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Document 32020R0358
Commission Implementing Regulation (EU) 2020/358 of 4 March 2020 amending Implementing Regulation (EU) 2018/1976 as regards sailplane pilot licences (Text with EEA relevance)
Commission Implementing Regulation (EU) 2020/358 of 4 March 2020 amending Implementing Regulation (EU) 2018/1976 as regards sailplane pilot licences (Text with EEA relevance)
Commission Implementing Regulation (EU) 2020/358 of 4 March 2020 amending Implementing Regulation (EU) 2018/1976 as regards sailplane pilot licences (Text with EEA relevance)
C/2020/1037
OJ L 67, 5.3.2020, p. 57–81
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
5.3.2020 |
EN |
Official Journal of the European Union |
L 67/57 |
COMMISSION IMPLEMENTING REGULATION (EU) 2020/358
of 4 March 2020
amending Implementing Regulation (EU) 2018/1976 as regards sailplane pilot licences
(Text with EEA relevance)
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, 27 and 31 thereof,
Whereas:
(1) |
The 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, dedicated licensing requirements laid down in stand-alone regulations are necessary. Those requirements should be based on the general rules for flight crew licensing that are laid down in Commission Regulation (EU) No 1178/2011 (2). However, they should be restructured and simplified, in order 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 discharge their responsibilities. Corresponding editorial update should also be made to the sailplane operations rules to take account of the shift of licensing rules from Regulation (EU) No 1178/2011 to Commission Implementing Regulation (EU) 2018/1976 (3). |
(3) |
Pursuant to Article 12(2a)(3) of Regulation (EU) No 1178/2011, Member States may continue to apply national licensing rules that provide access to basic pilot privileges until 8 April 2020. Some Member States have reported to the Commission and the European Union Aviation Safety Agency (‘EASA’) that, in that context, continuation of those national licencing rules, whereby student pilots are allowed to exercise limited privileges without supervision and obtain basic privileges on a step-by-step basis, supports the promotion of aerial sports and recreational activities due to easy and more affordable access to flying. Promoting and enabling such easier access to general aviation is in line with objectives of EASA’s General Aviation Road Map that aims to create a more proportional, flexible and proactive regulatory system (4). For those reasons, Member States should be given the discretion to continue with those national licensing rules in accordance with the principles introduced in Commission Implementing Regulation (EU) 2019/430 (5), for the purpose of issuing sailplane pilot licences (‘SPL’). However, Member States should inform the Commission and the EASA whenever they make use of such authorisations. The Member States should also monitor the use of such authorisations in order to maintain an acceptable level of aviation safety. |
(4) |
In order to ensure a smooth transition, any certificates, authorisations and approvals issued to sailplane pilots in accordance with 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 competent authorities of Member States in consultation with the EASA. |
(5) |
Sailplane pilot trainings that commenced in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 prior to the date of application of this Regulation should be fully credited because they provide equal or even broader scope of training requirements than those introduced by this Regulation. Training that commenced prior to the date of application of this Regulation in accordance with Annex 1 to the Chicago Convention should be credited on the basis of credit reports established by the Member States. |
(6) |
Existing training organisations should be given the appropriate time to adapt their training programmes, where necessary, in the context of the simplified training requirements. |
(7) |
The measures provided for in this Regulation are based on Opinion No 01/2019 (6) of the EASA in accordance with points (b) and (c) of Article 75(2) and with Article 76(1) of Regulation (EU) 2018/1139. |
(8) |
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
Implementing Regulation (EU) 2018/1976 is amended as follows:
(1) |
the title is replaced by the following: ‘Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes as well as for 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:
|
(4) |
the following Articles 3a to 3d are inserted after Article 3: ‘Article 3a Pilot licences and medical certification 1. Without prejudice to Commission Delegated Regulation (EU) (*1), pilots of aircraft referred to in Article 1(1) of this Regulation 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 Regulation (EU) No 1178/2011. 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 points (a) to (d) of Article 3(2) 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 a sailplane pilot licence (‘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 all of the following conditions:
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. Member States shall replace those licences with licences that comply with the format laid down in Annex VI (Part-ARA) to Regulation (EU) No 1178/2011 when they reissue licences for administrative reasons or upon a request of licence holders. 2. When a Member State reissues licences and associated privileges, ratings and certificates in accordance with paragraph 1, the Member State shall, as applicable:
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, Member States shall convert those licences 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 Regulation (EU) No 1178/2011. 4. National pilot medical certificates associated with a licence as specified in paragraph 2 of this Article 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 earliest. The revalidation of such medical certificates shall comply with the requirements of Annex IV (Part-MED) to 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 Regulation (EU) No 1178/2011 shall be deemed to comply with the requirements of this Regulation. 2. Training that commenced prior to the date of application of this Regulation or of Annex I (Part-FCL) to Regulation (EU) No 1178/2011, in accordance with Annex 1 to the Chicago Convention, shall be credited for the purposes of issuing Part-SFCL licences on the basis of a credit report established by the Member State in consultation with the EASA. 3. The credit report referred to in paragraph 2 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 necessary to attest the scope of the training, as well as copies of the national regulations and procedures in accordance with which the training was initiated. Article 3d Training organisations 1. Training organisations for obtaining the pilot licences referred to in Article 1(1) of this Regulation shall comply with the requirements of Article 10a of 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 Regulation (EU) No 1178/2011 or have submitted a declaration in accordance with Annex VIII (Part-DTO) to 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. (*1) Commission Delegated Regulation (EU) of 4 March 2020 (not yet published in the Official Journal).’;" |
(5) |
Annex I (Part-DEF) is amended in accordance with Annex I to this Regulation; |
(6) |
Annex II (Part-SAO) is amended in accordance with Annex II to this Regulation |
(7) |
Annex III (Part-SFCL) 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, 4 March 2020.
For the Commission
The President
Ursula VON DER LEYEN
(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).
(4) https://www.easa.europa.eu/easa-and-you/general-aviation/general-aviation-road-map
(5) Commission Implementing Regulation (EU) 2019/430 of 18 March 2019 amending Regulation (EU) No 1178/2011 as regards the exercise of limited privileges without supervision before the issuance of a light aircraft pilot licence (OJ L 75, 19.3.2019, p. 66).
(6) Easier access for GA pilots to IFR flying & Revision of the balloon and sailplane licensing requirements, (Opinion No 01/2019 (A) & (B), 19.02.2019), available at: https://www.easa.europa.eu/document-library/opinions
ANNEX I
Annex I ‘Definitions’ (Part-DEF) to 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:
|
(3) |
the following points 14 to 19 are added:
|
ANNEX II
Annex II (Part-SAO) to Regulation (EU) 2018/1976 is amended as follows:
(1) |
Point SAO.GEN.125 ‘Designation of the pilot-in-command’ is replaced by the following: ‘Point SAO.GEN.125 Designation of the 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 to this Regulation.’. |
ANNEX III
The following Annex III to Regulation (EU) 2018/1976 is added after 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:
|
(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 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), or Annex I (Part-FCL) to Regulation (EU) No 1178/2011 or Annex III (Part-BFCL) to Regulation (EU) 2018/395, as applicable. |
(f) |
An SPL holder may apply for a change of competent authority to the competent authority designated by another Member State but in such case the new competent authority shall be the same for all the licences held. |
(g) |
Applicants shall apply for the issue of an SPL and associated ratings, privileges or certificates not later than six months after having successfully completed the skill test or assessment of competence. |
SFCL.030 Practical skill test
Applicants for a skill test shall be recommended for the skill test by the ATO or the DTO that is responsible for the training undertaken by the applicants, once the training is completed. The training records shall be made available to the examiner by the ATO or DTO.
SFCL.035 Crediting of flight time
Applicants for an SPL or an associated privilege, rating or certificate shall be fully credited with all solo, dual instruction or PIC flight time on sailplanes towards the requirement of a total flight time for the licence, privilege, rating or certificate.
SFCL.045 Obligation to carry and present documents
(a) |
When exercising the privileges of SPL licence, SPL holders shall carry all of the following:
|
(b) |
Student pilots shall carry on all solo cross-country flights:
|
(c) |
SPL holders or student pilots 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:
|
SFCL.050 Recording of flight time
SPL holders and student pilots 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
SPL holders who have attained the age of 70 years shall not act as pilots of sailplanes 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 Regulation (EU) No 1178/2011 if an SPL holder 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 Regulation (EU) No 1178/2011. |
(b) |
SPL holders shall immediately return the licence or certificate to the competent authority if their licence, privilege, rating or certificate has been limited, suspended or revoked. |
SUBPART SPL
SAILPLANE PILOT LICENCE (‘SPL’)
SFCL.115 SPL – Privileges and conditions
(a) |
Subject to compliance with point SFCL.150, the privileges of SPL holders are to act as PIC in sailplanes:
|
(b) |
By way of derogation from paragraph (a), SPL holders who have instructor or examiner privileges may receive remuneration for:
|
(c) |
SPL holders shall exercise SPL privileges only if they comply with the applicable recency requirements and only if their medical certificate, appropriate to the privileges exercised, is valid. |
(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. |
SFCL.120 SPL – Minimum age
Applicants for an SPL shall be at least 16 years old.
SFCL.125 SPL – Student pilot
(a) |
Student pilots shall not fly solo unless authorised to do so and supervised by an FI(S). |
(b) |
Student pilot shall be at least 14 years of age to be allowed on solo flights. |
SFCL.130 SPL – Training course and experience requirements
(a) |
Applicants 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:
|
(b) |
Applicants who hold a pilot licence for another category of aircraft, with the exception of balloons licence, shall be credited with 10 % of total flight time as PIC on such aircraft and up to a maximum of seven hours. The amount of credit given shall in any case:
|
SFCL.135 SPL – Theoretical knowledge examination
(a) |
Theoretical knowledge Applicants for an SPL shall demonstrate a level of theoretical knowledge that is appropriate to the privileges sought through examinations on the following:
|
(b) |
Responsibilities of the applicant
|
(c) |
Pass standards
|
(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 paragraph (c)(2). |
SFCL.140 SPL – Crediting of theoretical knowledge
Applicants 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) if they:
(a) |
hold a licence in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 or with Annex III (Part-BFCL) to Regulation (EU) 2018/395; or |
(b) |
have 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) |
Applicants 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) |
Applicants 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) |
To take a skill test for the issue of an SPL the applicant shall first pass the required theoretical knowledge examinations. |
(d) |
Pass standards
|
(e) |
If the applicant fails to achieve a pass in all sections of the test within two attempts he or she shall receive further practical training. |
SFCL.150 SPL – Sailplane and TMG privileges
(a) |
If 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 if a pilot has:
|
(c) |
Holders of a licence issued in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 shall receive full credit towards the requirements in paragraph (b) provided that they:
|
(d) |
If 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 to sailplanes upon application if a pilot has:
|
(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) |
SPL holders shall exercise their privileges only by using those launching methods for which they have completed a specific training 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. This specific training shall consist of the following:
|
(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 for each launching method and in accordance with the requirements of paragraphs (a) and (b), SPL holders shall complete a minimum of five launches during the last two years, except for bungee launch, in which case they shall complete only two 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) |
If SPL holders do not comply with the requirement in paragraph (c), in order to renew their privileges they shall perform the additional number of launches flying dual or solo under the supervision of an instructor. |
SFCL.160 SPL – Recency requirements
(a) |
Sailplanes, excluding TMGs SPL holders shall exercise SPL privileges, excluding TMGs, only if in the last 24 months before the planned flight they:
|
(b) |
TMGs SPL holders shall exercise their TMG privileges only if in the last 24 months before the planned flight they:
|
(c) |
SPL holders with privileges to fly on TMGs who also hold a licence including the privileges to fly on TMGs in accordance with the provisions of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 shall be exempted from complying with paragraph (b). |
(d) |
The completion of the dual flights, the flights under supervision and the training flights as specified in paragraphs (a)(1) and (b)(1), as well as the proficiency checks as specified in paragraph (a)(2) and (b)(2) shall be entered in the logbook of the pilot and signed by the responsible FI(S) in the case of paragraphs (a)(1) and (b)(1), and by the responsible FE(S) in the case of paragraphs (a)(2) and (b)(2). |
(e) |
Carriage of passengers SPL holders shall carry passengers only if in the preceding 90 days they have carried out as PIC, at least:
|
SUBPART ADD
ADDITIONAL RATINGS AND PRIVILEGES
SFCL.200 Aerobatic privileges
(a) |
SPL holders shall only undertake aerobatic flights in sailplanes with any engine stopped, or, in the case of paragraph (d) and (e), with engine power, if they hold the appropriate aerobatic privileges in accordance with this point. |
(b) |
Basic aerobatic privileges:
|
(c) |
Advanced aerobatic privileges:
|
(d) |
The basic or advanced aerobatic privileges shall include aerobatic flights in sailplanes with engine power, if a pilot has received a training in aerobatic flight in sailplanes with engine power during a training course in accordance with paragraphs (b)(2)(ii) or (c)(2)(ii), as applicable. |
(e) |
The privileges of an SPL shall include advanced aerobatic privileges for TMGs flown with engine power if a pilot also has or has had an aerobatic rating in accordance with point FCL.800 of Annex I (Part-FCL) to 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) |
SPL holders who have privileges to fly TMGs shall tow sailplanes or banners only if they hold an appropriate sailplane towing or banner towing rating in accordance with this point. |
(b) |
Applicants for a sailplane towing rating shall have completed:
|
(c) |
Applicants for a banner towing rating shall have completed:
|
(d) |
Applicants for a sailplane towing rating or a banner towing rating in accordance with this point who already hold a sailplane towing or banner towing rating in accordance with point FCL.805(b) of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 or who have fulfilled all the requirements for the issue of that rating, as applicable, shall:
|
(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) |
To exercise the privileges of the sailplane towing or banner towing rating, the holder of the rating shall complete a minimum of five tows during the last two years. |
(g) |
If 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) |
SPL holders with privileges to fly TMGs shall only exercise their TMG privileges in VFR conditions at night if they hold a TMG night rating in accordance with this point. |
(b) |
Applicants for a TMG night rating shall first complete a training course at an ATO or a DTO. The course shall comprise:
|
(c) |
To complete the training at night, an SPL holder shall first complete 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 Regulation (EU) No 1178/2011. |
(d) |
Applicants for a TMG night rating in accordance with this point shall receive full credit towards the requirements of paragraphs (b) and (c) if they hold a night rating in accordance with point FCL.810 of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 or if they have fulfilled all the requirements for the issue of that rating. |
SFCL.215 Sailplane cloud flying privileges
(a) |
SPL holders shall operate a sailplane within cloud only if:
|
(b) |
The privileges of an SPL shall include sailplane cloud flying privileges if a pilot has completed at least:
|
(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 Regulation (EU) No 1178/2011 or who has fulfilled all the requirements for the issue of one of these ratings, shall:
|
(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) |
SPL holders shall exercise their sailplane cloud flying privileges only if in the last two years before the planned cloud flight they have completed at least one hour of flight time, or five flights, as PIC exercising cloud flying privileges in sailplanes. |
(f) |
If SPL holders with sailplane cloud flying privileges do not comply with the requirements in paragraph (e) and they wish to resume the exercise of their sailplane cloud flying privileges they shall:
|
(g) |
SPL holders with sailplane cloud flying privileges who also hold a BIR or an IR(A) in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 shall be fully credited towards the requirements of paragraph (e). |
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 if he or she:
|
(b) |
Instruction provided outside the territory of the Member States
|
Section 2
Flight instructor certificate for sailplanes – FI(S)
SFCL.315 FI(S) certificate – Privileges and conditions
(a) |
Subject to compliance of the applicants with point SFCL.320 and with the following conditions, an FI(S) certificate shall be issued with privileges to conduct flight instruction for:
|
(b) |
The privileges listed in paragraph (a) shall include the privileges to conduct flight instruction for:
|
SFCL.320 FI(S) certificate – Prerequisites and requirements
Applicants for an FI(S) certificate shall:
(a) |
be at least 18 years of age; |
(b) |
comply with the requirements of point (a)(1)(i) and paragraph (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
Applicants 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. |
SFCL.330 FI(S) – Training course
(a) |
Applicants for an FI(S) certificate shall first pass a specific pre-entry assessment at an ATO or a DTO, which shall take place within the 12 months preceding the start of the training course, to assess their ability to undertake the course. |
(b) |
The FI(S) training course shall include:
|
(c) |
Applicants who already hold an instructor certificate in accordance with Annex III (Part-BFCL) to Regulation (EU) 2018/395 or with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 shall be fully credited towards 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) |
Applicants for the issue of an FI(S) certificate shall pass an assessment of competence to demonstrate to an examiner 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:
|
(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
(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:
|
(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 after 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 those 15 hours may be completed in TMGs, and 15 out of those 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 if before the planned exercise of those privileges he or she has:
|
(b) |
The hours flown as an FE(S) during skill tests, proficiency checks and assessments of competence shall be fully credited towards the requirement in paragraph (a)(1)(ii). |
(c) |
If 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. |
(d) |
To resume the exercise of the privileges of the FI(S) certificate, an FI(S) certificate holder who does not comply with all the requirements in paragraph (a) shall comply with the requirements of paragraph (a)(1)(i) and of point SFCL.345. |
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 if he or she:
|
(b) |
Examinations conducted outside the territory of the Member States
|
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:
|
(b) |
After completion of the skill test, proficiency check or assessment of competence, the sailplane examiner shall:
|
(c) |
The sailplane examiner shall maintain the records for five 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. |
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:
|
SFCL.420 FE(S) certificate – Prerequisites and requirements
Applicants for an FE(S) certificate shall:
(a) |
comply with the requirements of point (a)(1)(i) and paragraph (a)(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 they have 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 Regulation (EU) No 1178/2011, or with Annex III (Part-BFCL) to Regulation (EC) No 2018/395, for non-compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts during the last three years. |
SFCL.430 FE(S) certificate – Standardisation course
(a) |
Applicants 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:
|
(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 as an FE(S), 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
(a) |
An FE(S) certificate shall be valid for five years. |
(b) |
An FE(S) certificate shall be revalidated if its holder has:
|
(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 Regulation (EU) No 1178/2011 or with Annex III (Part-BFCL) to 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). |