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Document 52020PC0247
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the International Civil Aviation Organization as regards notification of differences to Annexes 1 and 6 to the Convention on International Civil Aviation related to COVID-19 pandemic
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the International Civil Aviation Organization as regards notification of differences to Annexes 1 and 6 to the Convention on International Civil Aviation related to COVID-19 pandemic
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the International Civil Aviation Organization as regards notification of differences to Annexes 1 and 6 to the Convention on International Civil Aviation related to COVID-19 pandemic
COM/2020/247 final
EUROPEAN COMMISSION
Brussels, 12.6.2020
COM(2020) 247 final
2020/0120(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union at the International Civil Aviation Organization as regards notification of differences to Annexes 1 and 6 to the Convention on International Civil Aviation related to COVID-19 pandemic
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns the position to be taken on the Union’s behalf at the International Civil Aviation Organization (ICAO) in reply to State Letter AN 11/55-20/50 issued on 3 April 2020 with regard to notification of temporary differences related to COVID-19 pandemic pertaining to Annex 1 and 6 to the Convention on the International Civil Aviation.
1.1.The Convention on International Civil Aviation
The Convention on the International Civil Aviation (‘the Chicago Convention’) aims to regulate international air transport. The Chicago Convention entered into force on 4 April 1947 and established the International Civil Aviation Organization.
All EU Member States are Parties to the Chicago Convention.
1.2.The International Civil Aviation Organization
The International Civil Aviation Organization is a specialized agency of the United Nations. The aims and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport.
The ICAO Council is a permanent body of ICAO with a membership of 36 contracting States elected by the ICAO Assembly for a period of three years. For the period of 2019-2022, there are seven EU Member States represented in the ICAO Council.
Mandatory functions of the ICAO Council, listed in Article 54 of the Chicago Convention, include the adoption of international standards and recommended practices (SARPs), designated as Annexes to the Chicago Convention.
Following the adoption of such measures, ICAO States are required to notify either their disapproval, any differences or their compliance of the measure before they enter into force and become legally binding.
Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with respects with any such international standard or procedures or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard.
1.3.The envisaged act of the International Civil Aviation Organization
ICAO has issued State letter AN 11/55-20/50 in response to COVID-19 pandemic, and in particular to obtain coherent information from States on the actions taken to enable service providers and personnel to maintain the validity of their certificates, licenses and other approvals during the COVID-19 pandemic (“notification of temporary differences related to COVID-19”).
ICAO urged the States to inform, pursuant to Article 38 of the Chicago Convention, of any temporary differences that may arise from individual State’s COVID-19 temporary measures, particularly those related to licensing and certification in Annexes 1 and 6. States should also indicate, in general terms, whether they will recognize or accept the validity of certificates and licenses affected by the temporary differences related to COVID-19 applied by other States.
To assist all States and relevant stakeholders, ICAO has launched a COVID-19 Operational Safety Measures public website. All States are encouraged to make use of this website and inform ICAO of any latest developments in their State.
ICAO acknowledges the need to provide a maximum of flexibility while at the same time compliance with the Chicago Convention is to be ensured. In this regard, States are reminded of their obligations under Article 38 of the Convention to notify ICAO of any differences that may arise.
In order to facilitate the notification and dissemination of temporary differences during this period, a COVID-19 Contingency-Related Differences (CCRDs) sub-system accessible through the Electronic Filing of Differences (EFOD) dashboard has been created by the ICAO Secretariat and will tentatively be maintained through 31 March 2021.
2.Position to be taken on the Union's behalf
2.1.ICAO State letter AN 11/55-20/50 and its relationship with the existing Union rules
ICAO State letter AN 11/55-20/50 concerns temporary differences related to COVID-19 to Annex 1 and 6 to the Chicago Convention related to personnel and air operator aspects.
Annex 1 “Personnel Licensing” to the Chicago Convention provides SARPs for the licensing of flight crew members, air traffic controllers, aeronautical station operators, maintenance technicians and flight dispatchers. Under those rules, an applicant for a licence must meet certain requirements proportional to the complexities of the tasks to be performed. Those requirements are reflected in the Union legislation namely in Regulation (EU) 1139/2018 of the European Parliament and the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency 1 and in related implementing and delegated acts 2 . For example, Commission Regulation (EU) No 1178/2011 lays down specific requirements and procedures related to civil aviation aircrew and sets up the limits and deadlines for personnel licensing and aero and medical fitness checks (i.e. provisions in Annex I, part FCL and Annex IV, part MED). Due to serious implications of COVID-19 pandemic, such as a limited or no possibility to access aero medical examiners or aero medical centers, a temporary extension of validity of medical certificates is granted by several Member States for a period of 4 months, whilst the relevant ICAO SARPs require a maximum period of 45 days for a recurrent medical examination and revalidation of a medical certificate. Some Member States apply the extension of validity, i.e. between 4 months to 8 months, also to pilot licences, if pilots are not able to reach or gain access to flight simulators timely, to complete the necessary recurrent training and checking requirements.
The extensions of validity of personnel licensing apply to licences that expire within a reference period between 1 March 2020 and 31 October 2020.
Annex 6 “Operation of Aircraft” to the Chicago Convention aims at establishing standardized rules on the operation of aircraft engaged in international air transport to ensure the highest levels of safety and efficiency. At the Union level, those international requirements are reflected namely in Regulation (EU) 2018/1139, in Commission Regulation (EU) No 1178/2011 and in Commission Regulation (EU) No 965/2012 3 . The COVID-19 pandemic resulted in the significant reduction of commercial air transport operations leading to difficulties in reaching the location where suitable flight simulators are available. This is leading to a large number of pilots who are not able to meet the recent experience requirements laid down in point ORO.FC.100 of Annex III (PART-ORO) to Commission Regulation (EU) No 965/2012 and point FCL.060 of Annex I (PART-FCL) to Commission Regulation (EU) No 1178/2011.
For instance, ICAO SARPs require that the operator does not assign a pilot-in-command or a co-pilot to operate at the flight controls of a type of aeroplane during take-off and landing unless that pilot has operated the flight controls during at least three take-offs and landings within the preceding 90 days on the same type of aeroplane. The serious operational impediments caused by COVID-19 pandemic limit the possibilities for pilots and crews to meet that requirement of recent experience. For this purpose and in order to enable crews to fly when the aviation activities resume, Member States apply exemptions from this rule by requiring that the operator conducts a risk assessment to determine the probability and potential severity of the crew competency deterioration related to the extended absence from flying duties. Member States require also appropriate mitigation measures minimising the identified risks, with one or more operational restriction valid for the complete flight crew (e.g. reducing maximum crosswind limits, introducing higher approach minima, restricting runway surface conditions, dispatching with a functioning autoland system, if installed).
The exemptions from those operational rules apply to operations taking place within a reference period between 1 March 2020 and 31 October 2020 and for a maximum period of 8 months.
The above differences to ICAO rules are the result of application of Article 71 of Regulation (EU) 2018/1139 which provides for certain flexibility to Member States who are allowed to grant exemptions from the requirements established in Regulation (EU) 2018/1139 and in its implementing and delegated acts, other than the essential requirements, in the event of urgent unforeseeable circumstances or urgent operational needs and under the condition set out in that Article. One of those conditions is that the exemption shall be limited in scope and duration to the extent strictly necessary. In such a case, the Member State concerned shall immediately notify the Commission, the Agency (EASA) and the other Member States, through the repository established under Article 74 of Regulation (EU) 2018/1139, about the exemption granted, its duration, the reason for granting it and, where applicable, the necessary mitigation measures applied. Several Member States used this mechanism in relation to serious consequences of COVID-19 pandemic resulting in differences to ICAO rules. This Council decision takes account of those Article 71 exemptions for the purpose of notifying to ICAO on behalf of the Union the differences pertaining to Annex 1 and 6 to the Chicago Convention.
2.2.Position to be taken on Union’s behalf
The differences to be notified to ICAO pertain to Annex 1 and 6 to the Chicago Convention related to personnel and air operator aspects as outlined in the table in the Annex to this Decision and further detailed by each individual notification of a Member State in line with its individual exemption applied pursuant to Article 71 of Regulation (EU) 2018/1139.
As regards the recognition or acceptance of the validity of certificates and licences affected by the temporary measures related to COVID-19 pandemic issued by third countries, Regulation (EU) No 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators applies 4 . As a general rule, pursuant to point ART 200, letter d) of Annex to Regulation 452/2014, EASA shall, in consultation with the Member States, identify those ICAO standards for which it may accept mitigating measures in case the State of the operator or the State of registry has notified a difference to ICAO. The Agency shall accept the mitigating measure when it is satisfied that these measures ensure an equivalent level of safety to that achieved by the standard to which differences have been notified. As requested by the State letter AN 11/55 20/50, ICAO shall be informed about the relevant Union acts of application for the recognition of third country differences, as indicated the last column of the table in the Annex to this Decision.
The position to be taken on the Union’s behalf at ICAO in reply to the State letter AN 11/55 20/50 shall be to notify differences with respect to Annexes 1 and 6 to the Chicago Convention due to temporary measures related to the COVID-19 pandemic, as set out in the table in the Annex to this Decision and further detailed by each notifying Member State in line with its individual exemption applied pursuant to art 71 of Regulation (EU) 2018/1139.
3.Legal basis
3.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement’.
Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a party to the agreement 5 .
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 6 .
4.1.2.Application to the present case
The Council of the International Civil Aviation Organization is a body set up by an agreement, namely the Chicago Convention.
In accordance with Article 54 of the Chicago Convention, the ICAO Council adopts international standards and recommended practices, designated as Annexes to the Chicago Convention. These are acts having legal effects. Certain legal effects of these acts could depend on the submission of notifications of differences, and on the terms of those notifications. Therefore, the adoption of a Union position in respect of such notifications falls within the scope of Article 218(9) TFEU.
Differences to be notified in reply to ICAO State letter AN 11/55-20/50 have an incidence on the legal effects deployed by the standards established under the Chicago Convention.
Those legal effects fall within an area covered to a large extent by Union rules, namely Regulation (EU) 2018/1139, Commission Regulation (EU) 1178/2011, Commission Regulation (EU) No 1321/2014 and Commission Regulation (EU) 965/2012. This entails that, in accordance with Article 3(2) TFEU, the Union has exclusive external competence in this matter.
As these, although temporary, measures lead to differences from ICAO SARPs, the Union position is thus required. All Member States need to notify differences arising out of extended timelines for personnel licensing of Annex 1 to the Chicago Convention and to deviations from SARPs pursuant to Annex 6 “Operation of aircraft” to the Chicago Convention” in compliance with Article 38 of the Chicago Convention.
The envisaged act does not supplement or amend the institutional framework of the Agreement.
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
4.2. Substantive legal basis
4.2.1.Principles
The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union’s behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to a common transport policy.
Therefore, the substantive legal basis of the proposed decision is Article 100(2) TFEU.
4.3. Conclusion
The legal basis of the proposed decision should be Article 100(2) TFEU, in conjunction with Article 218(9) TFEU.
2020/0120 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union at the International Civil Aviation Organization as regards notification of differences to Annexes 1 and 6 to the Convention on International Civil Aviation related to COVID-19 pandemic
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)The Convention on International Civil Aviation (‘the Chicago Convention’) which regulates international air transport, entered into force on 4 April 1947. It established the International Civil Aviation Organization (ICAO).
(2)The Member States are Contracting States of the Chicago Convention and members of the ICAO, while the Union has observer status in certain ICAO bodies.
(3)Pursuant to Article 54 of the Chicago Convention, the ICAO Council may adopt international standards and recommended practices (SARPs).
(4)Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any such international standard or procedures or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the ICAO of the differences between its own practice and that established by the international standard.
(5)Pursuant to Article 39 of the Chicago Convention, where the medical certificate for personnel participating in international navigation does not meet the minimum standards, it needs to be accompanied by a complete enumeration of the particulars in which it does not satisfy those standards. In this case, the particulars would need to address the specific differences related to the validity period of the medical certificate.
(6)Furthermore, pursuant to Article 40 of the Chicago Convention, no personnel having such a certificate would be able to participate in international navigation, except with the permission of the State or States whose territory is entered.
(7)In view of the COVID-19 pandemic, the ICAO has created an ICAO Contingency-Related Differences (‘CCRD’) sub-system of the Electornic Filing of Differences (‘EFOD’) system, which allows States to file a temporary difference to Annexes 1 and 6 to the Chicago Convention and at the same time to indicate what kind of standard or procedure they find acceptable to facilitate international operations and to meet the obligations under Article 40.
(8)Annex 1 “Personnel Licensing” to the Chicago Convention provides SARPs for the licensing of flight crew members, air traffic controllers, aeronautical station operators, maintenance technicians and flight dispatchers. Under those rules, an applicant for a licence must meet certain requirements within prescribed deadlines, proportional to the complexities of the tasks to be performed.
(9)Requirements set out in Annex 1 to the Chicago Convention are reflected in the Union legislation namely in Regulation (EU) 2018/1139 of the European Parliament and the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency 7 and in related implementing and delegated acts. For example, Commission Regulation (EU) No 2011/1178 8 lays down in the Annex specific requirements and procedures related to civil aviation aircrew and sets up the limits and deadlines for personnel licensing and aero and medical fitness checks while Commission Regulation (EU) No 1321/2014 sets up rules on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks 9 .
(10)Due to serious implications of COVID-19 pandemic such as a limited or no possibility to access aero medical examiners or aero medical centers, a temporary extension of validity of medical certificates is granted by several Member States in deviation from the relevant ICAO SARPs for a period of four months. The validity of pilot licences is also extended by some Member States by four to maximum eight months if pilots are not able to reach or gain access to flight simulators timely, to complete the necessary training and checking. Those extensions apply to licences expiring within a reference period between 1 March 2020 and 31 October 2020.
(11)Annex 6 “Operation of Aircraft” to the Chicago Convention provides for standardised operational requirements for aircraft engaged in international air transport ensuring the highest levels of safety and efficiency. At the Union level, those international requirements are reflected in Regulation (EU) 2018/1139, in Commission Regulation (EU) No 1178/2011 and in Commission Regulation (EU) No 965/2012 10 .
(12)The COVID-19 pandemic resulted in the significant reduction of commercial air transport operations leading to difficulties in reaching the location where suitable flight simulators are available. The serious operational impediments caused by COVID-19 pandemic limit the possibilities for pilots and crews to meet ICAO requirements of recent experience. Therefore, in order to enable crews to fly when the aviation activities resume, Member States apply exemptions from the relevant requirements of recent experience by allowing operations under certain operational conditions and with appropriate mitigation measures established on the basis of a risk assessment. Those exemptions apply to operations taking place within a reference period between 1 March 2020 and 31 October 2020, i.e. and for a maximum period of eight months.
(13)The above mentioned national measures, differing from Annex 1 and 6 to Chicago Convention have been adopted on the basis of Article 71 of Regulation (EU) 2018/1139 whereby Member States may grant exemptions to any natural or legal person from the Union requirements applicable to that person, other than the essential requirements, in the event of urgent unforeseeable circumstances affecting those persons or urgent operational needs of those persons and provided that all the conditions laid down in that Article are complied with. In application of that provision, and in view of the consequences entailed by the COVID-19 pandemic, several Member States apply or are to apply exemptions from Union rules laid down in Regulation (EU) 2018/1139, Regulation (EU) 1178/2011, Regulation (EU) No 1321/2014 and Regulation (EU) No 965/2012.
(14)Since the notification of differences has an incidence on the legal effects deployed by the standards established under the Chicago Convention, the adoption of a Union position in respect of such notification falls within the scope of Article 218(9) TFEU.
(15)It is therefore appropriate to establish the position to be taken on the Union's behalf in reply to ICAO State letter AN 11/55-20/50, which is to notify differences with respect to Annexes 1 and 6 to the Chicago Convention due to temporary operational measures applied by Member States related to the COVID-19 pandemic. The Union's position is to be expressed by the Member States of the Union that have adopted individual exemptions pursuant to art. 71 of Regulation (EU) 2018/1139 leading to differences subject to the State letter AN 11/55-20/50,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf in reply to the State letter AN 11/55-20/50, issued by the International Civil Aviation Organization on 3 April 2020, is set out in the Annex to this Decision and further detailed by each notifying Member State in line with its individual exemption applied pursuant to art 71 of Regulation (EU) 2018/1139.
Article 2
The position referred to in Article 1 shall be expressed by the Member States of the Union that are members of the ICAO and have adopted individual exemptions pursuant to Article 71 of Regulation (EU) 2018/1139 leading to the differences subject to the State letter AN 11/55-20/50.
This Decision is addressed to the Member States.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 12.6.2020
COM(2020) 247 final
ANNEX
to the
PROPOSAL FOR A COUNCIL DECISION
on the position to be taken on behalf of the European Union at the International Civil Aviation Organization as regards notification of differences to Annexes 1 and 6 to the Convention on International Civil Aviation related to COVID-19 pandemic
ANNEX
Position to be taken on behalf of the European Union on the notification to the International Civil Aviation Organization of differences related to COVID-19
1.Position to be taken
The position to be taken on the Union’s behalf in reply to the State letter AN 11/55-20/50 issued by the International Civil Aviation Organization on 3 April 2020 is to notify a difference to Annexes 1 and 6 to the Chicago Convention due to temporary measures related to the COVID-19 pandemic as set out in this Annex and further detailed by each notifying Member State in line with its individual exemption applied pursuant to art 71 of Regulation (EU) 2018/1139.
2.Detailed Explanation
Differences to be filed are reflected in the following table and further detailed by each notifying Member State in line with its individual exemption applied pursuant to art 71 of Regulation (EU) 2018/1139:
COVID-19 NOTIFICATION OF TEMPORARY DIFFERENCES FORM
With reference to State Letter AN/11/55-20/50, the CCRD sub-system has been created in the existing Electronic Filing of Differences (EFOD) system to capture any differences to Certification and Licensing ICAO Standards that may arise from mitigation measures due to the spread of COVID-19.
What
It is recognized that States may need to take flexible approaches to enable service providers and personnel to maintain the validity of their certificates, licenses and other approvals as a result of the COVID-19 pandemic. This form allows a State to identify those temporary differences.
Why
This is necessary to support States in meeting their obligations under Article 38, 39 and 40 of the Convention, in order to conduct international operations where certificates and licenses differ to the minimum Standards in the Annexes. It also allows the sharing of information on whether notified differences will be recognized or accepted by other States during this period.
When
These temporary measures apply until 31 March 2021. This date is subject to review.
Who
There is no restriction on who can fill out the form. However, it may only be submitted by the national continuous monitoring coordinator or an authorized user from a Member State, who are responsible for ensuring the accuracy of the information provided.
How
Standards specifically related to certification and licensing of personnel from which States may deem it necessary to differ are listed in this form. The specific Annex reference and associated Standard is presented in columns 1 and 2. The information required in each subsequent column is as follows:
Column 3: Details of Difference.
Summarize the difference to the certification and licensing Standards. Reference the related regulatory documents where appropriate.
Column 4: Remarks.
Provide your rationale for these differences and the details of any conditions and mitigations where necessary.
Column 5: Recognition of other State Differences.
Indicate whether your State will recognize or accept the validity of other States’ certificates and licenses based on their temporary differences submitted via the CCRD. For simplicity this may be stated as an exclusion (what other States temporary differences are not acceptable) rather than listing what would be acceptable.
Please submit this Form by email to ops@icao.int .
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Annex 1 1.2.4.4.1 |
1.2.4.4.1 The period of validity of a Medical Assessment may be extended, at the discretion of the Licensing Authority, up to 45 days. Note.— It is advisable to let the calendar day on which the Medical Assessment expires remain constant year after year by allowing the expiry date of the current Medical Assessment to be the beginning of the new validity period under the proviso that the medical examination takes place during the period of validity of the current Medical Assessment but no more than 45 days before it expires. |
The validity period of class 1 and 3 medical certificates issued by [the State] are extended by 4 months.
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a) Rationale
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Click or tap here to enter text.As regards the certificates and licences issued by EU Member States, the differences are automatically recognised on the basis of Regulation (EU) 2018/1139. As regards recognition or acceptance of the validity of certificates and licences affected by the special temporary measures (related to COVID-19) issued by non-EU States, Regulation 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators applies 1 .
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Annex 1 1.2.5.1.2 |
1.2.5.1.2 A Contracting State, having issued a licence, shall ensure that other Contracting States are enabled to be satisfied as to the validity of the licence. Note 1.— Until 2 November 2022, the maintenance of competency of flight crew or remote flight crew members, engaged in commercial air transport operations, may be satisfactorily established by demonstration of skill during proficiency flight checks completed in accordance with Annex 6. Note 1.— As of 3 November 2022, the maintenance of competency of flight crew members, engaged in commercial air transport operations, may be satisfactorily established by demonstration of skill during proficiency flight checks completed in accordance with Annex 6. Note 2.— Until 2 November 2022, maintenance of competency may be satisfactorily recorded in the operator’s records, or in the flight crew member’s personal log book or licence. Note 2.— As of 3 November 2022, maintenance of competency may be satisfactorily recorded in the operator’s records, or in the flight crew or the remote flight crew member’s personal log book or licence. Note 3.— Until 2 November 2022, flight crew members may, to the extent deemed feasible by the State of Registry, demonstrate their continuing competency in FSTDs approved by that State. Note 3.— As of 3 November 2022, flight crew and remote flight crew members may, to the extent deemed feasible by the State of Registry, or Licensing Authority of the State of the Operator, respectively, demonstrate their continuing competency in FSTDs approved by that State. Note 4.— See the Manual of Criteria for the Qualification of Flight Simulation Training Devices (Doc 9625). Note 5.— See the Manual of Procedures for Establishment and Management of a State’s Personnel Licensing System (Doc 9379) for guidance material on the development of a risk assessment process. |
The validity period of the licences
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a) Rationale
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Annex 6 Part 1 9.4.1.1 |
9.4 Qualifications Note.— See the Manual of Procedures for Establishment and Management of a State’s Personnel Licensing System (Doc 9379) for guidance of a general nature on cross-crew qualification, mixed-fleet flying and cross-credit. 9.4.1 Recent experience — pilot-in-command and co-pilot 9.4.1.1 The operator shall not assign a pilot-in-command or a co-pilot to operate at the flight controls of a type or variant of a type of aeroplane during take-off and landing unless that pilot has operated the flight controls during at least three take-offs and landings within the preceding 90 days on the same type of aeroplane or in a flight simulator approved for the purpose. |
Subject to the evaluation of a risk assessment, the alleviation provided by [the State] allows individual operators to assign flight crew member tasks to pilots who are not meeting all recent experience requirements. The alleviations relate to either:
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a) Rationale
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Click or tap here to enter text. As regards the certificates and licences issued by EU Member States, the differences are automatically recognised on the basis of Regulation (EU) 2018/1139. As regards recognition or acceptance of the validity of certificates and licences affected by the special temporary measures (related to COVID-19) issued by non-EU States, Regulation 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators applies. |
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Annex 6 Part 1 9.4.2.1 |
9.4.2 Recent experience — cruise relief pilot 9.4.2.1 The operator shall not assign a pilot to act in the capacity of cruise relief pilot in a type or variant of a type of aeroplane unless, within the preceding 90 days that pilot has either: a) operated as a pilot-in-command, co-pilot or cruise relief pilot on the same type of aeroplane; or b) carried out flying skill refresher training including normal, abnormal and emergency procedures specific to cruise flight on the same type of aeroplane or in a flight simulator approved for the purpose, and has practised approach and landing procedures, where the approach and landing procedure practice may be performed as the pilot who is not flying the aeroplane. |
The 9.4.1.1 alleviation is suitable to cover the alleviation from point 9.4.2.1, as it is addressing the overall flight crew composition. |
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Annex 6 Part 1 9.4.4.1 |
9.4.4 Pilot proficiency checks 9.4.4.1 The operator shall ensure that piloting technique and the ability to execute emergency procedures is checked in such a way as to demonstrate the pilot’s competence on each type or variant of a type of aeroplane. Where the operation may be conducted under instrument flight rules, the operator shall ensure that the pilot’s competence to comply with such rules is demonstrated to either a check pilot of the operator or to a representative of the State of the Operator. Such checks shall be performed twice within any period of one year. Any two such checks which are similar and which occur within a period of four consecutive months shall not alone satisfy this requirement. Note 1.— Flight simulation training devices approved by the State of the Operator may be used for those parts of the checks for which they are specifically approved. Note 2.— See the Manual of Criteria for the Qualification of Flight Simulation Training Devices (Doc 9625). |
The validity period of operator’s
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a) Rationale:
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As regards recognition or acceptance of the validity of certificates and licences affected by the special temporary measures (related to COVID-19) issued by non-EU States, Regulation 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators applies |
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Annex 6 Part 2 3.9.4.2 |
3.9.4.2 Recent experience — pilot-in-command The operator shall not assign a pilot to act as pilot-in-command of an aeroplane unless that pilot has made at least three take-offs and landings within the preceding 90 days on the same type of aeroplane or in a flight simulator approved for the purpose. |
The 9.4.1.1 alleviation is suitable to cover the alleviation from point 3.9.4.2 as it is addressing the overall flight crew composition |
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Annex 6 Part 2 3.9.4.3 |
3.9.4.3 Recent experience — co‑pilot The operator shall not assign a co-pilot to operate at the flight controls of an aeroplane during take-off and landing unless that pilot has made at least three take-offs and landings within the preceding 90 days on the same type of aeroplane or in a flight simulator approved for the purpose. |
The 9.4.1.1 alleviation is suitable to cover the alleviation from point 3.9.4.3 as it is addressing the overall flight crew composition
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Annex 6 Part 3 7.4.1.1 |
7.4 Qualifications Note.— See the Manual of Procedures for Establishment and Management of a State’s Personnel Licensing System (Doc 9379) for guidance of a general nature on cross-crew qualification, mixed-fleet flying and cross-credit. 7.4.1 Recent experience — pilot-in-command and co-pilot 7.4.1.1 The operator shall not assign a pilot-in-command or a co-pilot to operate at the flight controls of a type or variant of a type of a helicopter during take-off and landing unless that pilot has operated the flight controls during at least three take-offs and landings within the preceding 90 days on the same type of helicopter or in a flight simulator approved for the purpose. |
N/A
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Annex 6 Part 3 7.4.3.1 |
7.4.3 Pilot proficiency checks 7.4.3.1 The operator shall ensure that piloting technique and the ability to execute emergency procedures is checked in such a way as to demonstrate the pilot’s competence on each type or variant of a type of helicopter. Where the operation may be conducted under IFR, the operator shall ensure that the pilot’s competence to comply with such rules is demonstrated to either a check pilot of the operator or to a representative of the State of the Operator. Such checks shall be performed twice within any period of one year. Any two such checks which are similar and which occur within a period of four consecutive months shall not alone satisfy this requirement. Note 1.— Flight simulation training devices approved by the State of the Operator may be used for those parts of the checks for which they are specifically approved. Note 2.— See the Manual of Criteria for the Qualification of Flight Simulation Training Devices (Doc 9625), Volume II — Helicopters. |
The validity period of operator’s
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a) Rationale:
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As regards the certificates and licences issued by EU Member States, the differences are automatically recognised on the basis of Regulation (EU) 2018/1139. As regards recognition or acceptance of the validity of certificates and licences affected by the special temporary measures (related to COVID-19) issued by non-EU States, Regulation 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators applies. |
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Annex 1 1.2.9 |
1.2.9 Language proficiency 1.2.9.1 Until 2 November 2022, aeroplane, airship, helicopter and powered-lift pilots, air traffic controllers and aeronautical station operators shall demonstrate the ability to speak and understand the language used for radiotelephony communications to the level specified in the language proficiency requirements in Appendix 1. 1.2.9.1 As of 3 November 2022, aeroplane, airship, helicopter and powered-lift pilots; aeroplane, airship, glider, rotorcraft, powered-lift or free balloon remote pilots; air traffic controllers; and aeronautical station operators shall demonstrate the ability to speak and understand the language used for radiotelephony communications to the level specified in the language proficiency requirements in Appendix 1. 1.2.9.2 Recommendation.— Flight engineers, and glider and free balloon pilots should have the ability to speak and understand the language used for radiotelephony communications. 1.2.9.3 Flight navigators required to use the radiotelephone aboard an aircraft shall demonstrate the ability to speak and understand the language used for radiotelephony communications. 1.2.9.4 Recommendation.— Flight navigators required to use the radiotelephone aboard an aircraft should demonstrate the ability to speak and understand the language used for radiotelephony communications to the level specified in the language proficiency requirements in Appendix 1. 1.2.9.5 Until 2 November 2022, the language proficiency of aeroplane, airship, helicopter and powered-lift pilots, air traffic controllers and aeronautical station operators who demonstrate proficiency below the Expert Level (Level 6) shall be formally evaluated at intervals in accordance with an individual’s demonstrated proficiency level. 1.2.9.5 As of 3 November 2022, the language proficiency of aeroplane, airship, helicopter and powered-lift pilots; aeroplane, airship, glider, rotorcraft, powered-lift or free balloon remote pilots; air traffic controllers; and aeronautical station operators who demonstrate proficiency below the Expert Level (Level 6) shall be formally evaluated at intervals in accordance with an individual’s demonstrated proficiency level. 1.2.9.6 Recommendation.— Until 2 November 2022, the language proficiency of aeroplane, airship, helicopter and powered-lift pilots, flight navigators required to use the radiotelephone aboard an aircraft, air traffic controllers and aeronautical station operators who demonstrate proficiency below the Expert Level (Level 6) should be formally evaluated at intervals in accordance with an individual’s demonstrated proficiency level, as follows: a) those demonstrating language proficiency at the Operational Level (Level 4) should be evaluated at least once every three years; and b) those demonstrating language proficiency at the Extended Level (Level 5) should be evaluated at least once every six years. Note 1.— Formal evaluation is not required for applicants who demonstrate expert language proficiency, e.g. native and very proficient non-native speakers with a dialect or accent intelligible to the international aeronautical community. Note 2.— The provisions of 1.2.9 refer to Annex 10, Volume II, Chapter 5, whereby the language used for radiotelephony communications may be the language normally used by the station on the ground or English. In practice, therefore, there will be situations whereby flight crew members will only need to speak the language normally used by the station on the ground. 1.2.9.6 Recommendation.— As of 3 November 2022, the language proficiency of aeroplane, airship, helicopter and powered-lift pilots; aeroplane, airship, gliders, rotorcraft, powered-lift or free balloon remote pilots; flight navigators required to use the radiotelephone aboard an aircraft; air traffic controllers; and aeronautical station operators who demonstrate proficiency below the Expert Level (Level 6) should be formally evaluated at intervals in accordance with an individual’s demonstrated proficiency level, as follows: a) those demonstrating language proficiency at the Operational Level (Level 4) should be evaluated at least once every three years; and b) those demonstrating language proficiency at the Extended Level (Level 5) should be evaluated at least once every six years. Note 1.— Formal evaluation is not required for applicants who demonstrate expert language proficiency, e.g. native and very proficient non-native speakers with a dialect or accent intelligible to the international aeronautical community. Note 2.— The provisions of 1.2.9 refer to Annex 10, Volume II, Chapter 5, whereby the language used for Radiotelephony communications may be the language normally used by the station on the ground or English. In practice, therefore, there will be situations whereby flight crew members and remote flight crew members will only need to speak the language normally used by the station on the ground. |
The language proficiency formal evaluation interval, prescribed by [the State], of aeroplane and helicopter licences holders, who demonstrate proficiency below the Expert Level (Level 6), whose language proficiency endorsement is expiring, is extended by 8 months. The language proficiency formal evaluation interval, prescribed by [the State], of Air Traffic Controllers, whose language proficiency endorsement is expiring, is extended by 4 months. If, towards the end of the extension, the reasons for granting the alleviation still apply, the validity period may be further extended for a period of up to 4 months. |
a)a) Rationale b)The COVID-19 outbreak has resulted in drastic travel restrictions and closure of borders between the majority of States. c)As a consequence, pilots and Air Traffic Controllers, are not able to timely get access to an examination for maintaining their language proficiency. d)This would result in the expiry of their language proficiency endorsement. e)b) Conditions / mitigations f) g)[The State] requires the following. h) i)Pilots hold a valid language proficiency endorsement and receive a briefing from an instructor who holds relevant instructional privileges in order to refresh the required level of ability to speak and understand the language used for radiotelephony communication to safely operate. Upon successful completion of the briefing the new expiry date will be endorsed in the licence, or an official document with the new expiry date, issued by [the State], will be attached to the licence. For Air Traffic Controllers holding a valid language proficiency endorsement, in the case of unavailability of a Language Assessment Body, air navigation service providers shall ensure that language proficiency is ensured through other means, e.g. on-line courses. |
As regards the certificates and licences issued by EU Member States, the differences are automatically recognised on the basis of Regulation (EU) 2018/1139.
As regards recognition or acceptance of the validity of certificates and licences affected by the special temporary measures (related to COVID-19) issued by non-EU States, Regulation 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators applies
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Annex 1 4.2.2. |
4.2.2.2 The privileges of the holder of an aircraft maintenance licence specified in 4.2.2.1 shall be exercised only: c) on condition that, within the preceding 24 months, the licence holder has either had experience in the inspection, servicing or maintenance of an aircraft or components in accordance with the privileges granted by the licence held for not less than six months, or has met the provision for the issue of a licence with the appropriate privileges, to the satisfaction of the Licensing Authority |
The “preceding” period is extended by [the State] for a period of 6 months i.e. the preceding period totals to 30 months. The recent experience of six months is not modified. |
Rationale
The COVID-19 outbreak
Conditions/Mitigations [The State] requires that, when the certifying staff works for an approved maintenance organisation, this organisation can apply this extension to the recency requirements of its certifying staff when the approved organisation is not pending from suspensions, revocations or limitations, or has not been subject to suspension by the competent authority within the last 24 months. j)In addition, point 66.B.500 of Annex III (Part-66) of Regulation (EU) 1321/2014 ensures additional mitigating measures whereby the competent authority shall suspend, limit or revoke the aircraft maintenance licence where it has been identified a safety issue or misconduct by the licence holder. |
As regards the certificates and licences issued by EU Member States, the differences are automatically recognised on the basis of Regulation (EU) 2018/1139. As regards recognition or acceptance of the validity of certificates and licences affected by the special temporary measures (related to COVID-19) issued by non-EU States, Regulation 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators applies |
