2014/425/EU: Commission Decision of 1 July 2014 authorising Slovakia and the United Kingdom to derogate from certain common aviation safety rules pursuant to Article 14(6) of Regulation (EC) No 216/2008 of the European Parliament and of the Council (notified under document C(2014) 4344) Text with EEA relevance

• CELEX: Regulation (EC) No 216/2008
• Articles: 8

Article 1

Slovakia may grant approvals derogating from the following implementing rules provided for in Annex I (Part-FCL) to Regulation (EU) No 1178/2011:

(1)

points (c) and (d) of FCL.625 ‘IR — Validity, revalidation and renewal’ of that Annex, in favour of the rules laid down in section 1 of Annex I to this Decision, provided that conditions specified in section 2 of Annex I to this Decision are complied with;

(2)

point (b) of FCL.740 ‘Validity and renewal of class and type ratings’ of that Annex, in favour of the rules laid down in section 1 of Annex II to this Decision, provided that conditions specified in section 2 of Annex II to this Decision are complied with.

Article 2

The United Kingdom may grant approvals derogating from the following implementing rules provided for in Annex I (Part-FCL) to Regulation (EU) No 1178/2011:

(1)

point (ii) of point FCL.740A(b)(1) ‘Revalidation of class and type ratings — aeroplanes’ of that Annex, in favour of the rules laid down in section 1 of Annex III to this Decision, provided that conditions specified in section 2 of Annex III to this Decision are complied with;

(2)

point (a) of FCL.1010.SFE ‘SFE — Prerequisites’ of that Annex, in favour of the rules laid down in section 1 of Annex IV to this Decision, provided that conditions specified in section 2 of Annex IV to this Decision are complied with.

Article 3

All Member States shall be entitled to apply the measures referred to in Articles 1 and 2, as specified in the Annexes to this Decision. Member States shall notify the Commission, the Agency and the national aviation authorities thereof.

Article 4

This Decision is addressed to the Member States.

Schedules & Appendices

ANNEX I

ANNEX I

Derogation by Slovakia from Regulation (EU) No 1178/2011 with respect to the validity and renewal of instrument ratings.

1.   DESCRIPTION OF THE DEROGATION

Slovakia may, by derogation from points (c) and (d) of FCL.625 ‘IR — Validity, revalidation and renewal’ of Annex I (Part-FCL) to Regulation (EU) No 1178/2011, allow Part-FCL licence holders who have been flying recently using a valid IR held on a third country licence issued in accordance with ICAO Annex 1 to comply with the renewal criteria for the Part-FCL IR set out in point (c) of FCL.625 by fulfilling the revalidation criteria set out in point (b) of FCL.625. In addition it may allow these Part-FCL licence holders who held a third country IR that is not any longer valid but has been revalidated or renewed within the preceding 7 years, to comply only with the renewal criteria for the Part-FCL IR set out in point (c) of FCL.625, without requiring to pass again the theoretical knowledge examinations as set out in point (d) of FCL.625.

2.   CONDITIONS ATTACHED TO THE APPLICATION OF THE DEROGATION

This derogation applies to holders of licences in accordance with Part-FCL that include an IR to be renewed. If these licence holders also hold a third country licence with a valid IR the Part-FCL rating holder shall only be required to pass a proficiency check in order to renew the IR but shall not be required to also take refresher training at an approved training organisation (ATO). In addition these licence holders shall not be required to pass again the theoretical knowledge examinations if IR on the third country licence has been revalidated or renewed within the preceding 7 years.

ANNEX II

ANNEX II

Derogation by Slovakia from Regulation (EU) No 1178/2011 with respect to the validity and renewal of class and type ratings.

1.   DESCRIPTION OF THE DEROGATION

Slovakia may, by derogation from point (b) of FCL.740 ‘Validity and renewal of class and type ratings’ of Annex I (Part-FCL) to Regulation (EU) No 1178/2011, allow Part-FCL licence holders who have been flying recently using a valid equivalent class or type rating held on a third country licence issued in accordance with ICAO Annex 1 to comply with the renewal criteria by passing the proficiency check but not being required to undergo additional refresher training.

2.   CONDITIONS ATTACHED TO THE APPLICATION OF THE DEROGATION

This derogation applies to holders of licences in accordance with Part-FCL that include a class or type rating to be renewed. If those licence holders also hold a third country licence with a valid rating for the same aircraft class or type, the Part-FCL rating holder shall only be required to pass a proficiency check in order to renew the class or type rating but shall not be required to also take refresher training at an ATO.

ANNEX III

ANNEX III

Derogation by the United Kingdom from Regulation (EU) No 1178/2011 with respect to the revalidation of single engine piston (SEP) or touring motor glider (TMG) class ratings.

1.   DESCRIPTION OF THE DEROGATION

The United Kingdom may, by derogation from point (ii) of point FCL.740.A(b)(1) ‘Revalidation of class and type ratings — aeroplanes’ of Annex I (Part-FCL) to Regulation (EU) No 1178/2011, allow pilot licence holders to revalidate a single engine piston or touring motor glider class rating without completing the specified training flight with a flight instructor or a class rating instructor, subject to the licence holder having passed within the 12 months preceding the expiry of the rating:

(a)

a skill test or proficiency check for any class, type, instrument or mountain rating included in the pilot's licence; or

(b)

an assessment of competence for any flight instructor, class rating instructor or instrument rating instructor certificate included in the pilot's licence.

2.   CONDITIONS ATTACHED TO THE APPLICATION OF THE DEROGATION

This derogation applies to the holders of licences in accordance with Part-FCL with a single engine piston or touring motor glider class rating. The training flight with an instructor may only be replaced if the holder has completed a skill test, proficiency check or assessment of competence for an aeroplane rating or certificate.

ANNEX IV

ANNEX IV

Derogation by the United Kingdom from Regulation (EU) No 1178/2011 with respect to Synthetic Flight Examiners (SFEs) who conduct tests in aeroplane simulators.

1.   DESCRIPTION OF THE DEROGATION

The United Kingdom may, by derogating from point (a) of FCL.1010.SFE ‘SFE — Prerequisites’ of Annex I (Part-FCL) to Regulation (EU) No 1178/2011, allow SFIs to apply for an SFE certificate on single-pilot high performance complex aeroplanes and define specific prerequisites for this aeroplane category.

2.   CONDITIONS ATTACHED TO THE APPLICATION OF THE DEROGATION

No further conditions shall be fulfilled.