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Newsletter December 2011: Newsletter FLO – Aviation

 

 

Arthur Flieger, Attorney of Law Flieger Law Office bvba

With the cooperation of Stijn Brusseleers, Attorney of Law Flieger Law Office bvba

 

 

 

 

Future Civil Aviation Regulation: Law in the Making

 

 

I.

The European Regulation on Civil Aviation Aircrew will be voted on in the foreseeable future and then be applied.

 

In principle, the new regulation will be applicable from 8 April 2012, but a one year delay in its implementation is foreseen by the Member States.

 

Consequently, until 8 April 2013 it will be possible to proceed on the basis of the old regulation and then licences will be renewed.

 

II.

The EASA regulation includes five key points:

 

– Flight Crew Licensing (FCL)

– Medical Requirements (MED)

– Cabin Crew (CC)

– Authority Requirements for Aircrew (ARA)

– Organisation Requirements for Aircrew (ORA)

 

In principle, the points set out below will be applicable, but the European Legislator will possibly still have to tinker with some details.

 

Licences and Medical Certificates

 

All existing aircraft and helicopter licences will remain valid after 8 April 2013 (JAR-FLC, PPL, CPL, ATPL for aircraft and helicopters). The existing privileges will be taken over.

 

– The above-mentioned licenses and medical certificates must be converted into an equivalent PART-FCL licence by 8 April 2018 at the latest.

 

– The conversion procedure still has to be determined, but a spread transition has been opted for: in particular as from 8 April 2014 JAR-FCL licences will be systematically replaced by a new PART-FCL document on their expiry date.

 

– AME certifications will be taken over by means of the ‘grandfather rights’ principle, which is also applicable to the above-mentioned licences and medical certificates.

 

National Permits to Fly and Ratings

 

By 8 April 2014 national permits to fly must be converted into Part-FCL licenses.

 

 

 

 

 

By April 8, 2014, national ratings must also be converted into Part-FCL ratings.

 

 

 

Other Licences

 

The EASA regulation on free balloons and gliders will be applicable only as from 8 April 2015. Until then the existing licences will remain valid, and they will be converted into Part-FCL licenses on 8 April 2015 at the latest. The procedures have yet to be precisely determined. There is consultation with the federations concerned (a KBAC consultation takes place).

 

The medical certificates for free balloons and gliders pilots will remain valid until their first expiry date or until 8 April 2017 at the latest.

 

It will be determined in which way glider activities will be organized in the future.

 

Training

 

– In principle, all existing recognized organizations providing training on aircraft and helicopters can continue to provide JAR-FCL training after 8 April 2013 on the basis of “grandfather rights”.

– As from 8 April 2013 the aforementioned organizations can provide a PART-FCL training for the same licences provided that on 8 April 2014 they will have adapted their management system, training programs, procedures and manuals to the new system.

– Additional PART-FCL training (LAPL, glider, balloon) requires a certifiation under the new regulation.

– Each organization will have a new certification by 8 April 2017.

– Organizations providing training to obtain a LAPL, PPL or balloonist, glider and RF licence must meet the Part-ORA and Part-ARA EASA requirements as from April 2015.

 

Simulator Training

 

– The “grandfather rights” ensure that the existing FSTD certification remains valid, but by 8 April 2017 at the latest, all certificates must meet the PART-FCL formal requirements.

– As from 8 April 2012 organizations whose simulators or whose principal place of business are outside the EU zone will be approved by EASA and not by their national governments.

 

Medical Centres

 

– Through the “grandfather rights” principle, the AMC certifications granted in accordance with JAR-FCL will remain valid. On 8 April 2014 at the latest, these centres will have adapted their management system, procedures and manuals.

 

Cabin Crew

 

– The “grandfather rights” are applicable to the existing valid certificates granted in conformity with EU-OPS.

 

 

 

– Initial cabin safety certificates issued on the basis of “grandfather rights” will be converted into an equivalent format by 8 April 2017 at the latest.

 

– As far as commercial aviation is concerned, initial cabin safety certificates not used during a period of five years will lose their “grandfather rights”. Their holders must attend a new initial safety course and pass the training in accordance with Part-CC.

– By 8 April 2013 at the latest, cabin crew with a JAR OPS3 training will receive a new certificate. Cabin crew for commercial helicopter flights can obtain an extension until 8 April 2015.

 

– Cabin crew with a JAR OPS3 training, which has not carried out commercial flights for five years, will lose such “grandfather rights”. In accordance with Part –CC the holder will have to take an initial course and pass the training. Until 8 April 2015, cabin crew that continues to carry out commercial flights can obtain an extension.

 

SUMMARY

 

The regulation is not yet final but the draft submitted to the European legislator shows that it is moving up properly and the European Commission also provides for a proper transitional arrangement. Now the approvals concerned and their subsequent publication still have to be waited for.

 

 

 

For further information and comment, please contact Arthur Flieger at Flieger@fliegerlaw.com, Website: www.fliegerlaw.com, telephone: +32 3 238 77 66

 

 

 

 

Copyright A. Flieger