ANNEX IIISupplementary provisions
ANNEX III Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/2011 is amended as follows: (1) in point ARA.GEN.220, paragraph (b) is replaced by the following: ‘(b) The competent authority shall establish and keep up to date a list of all organisation certificates, FSTD qualification certificates and personnel licences, certificates and attestations it issued, DTO declarations it received, and the DTO training programmes it verified or approved for compliance with Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395, or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (2) point ARA.GEN.350 is amended as follows: (a) the introductory sentence of paragraph (da) is replaced by the following: ‘(da) By way of derogation from paragraphs (a) to (d), in the case of DTOs, if during oversight or by any other means the competent authority finds evidence that indicates DTO non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, the competent authority shall:’; (b) paragraph (e) is replaced by the following: ‘(e) Without prejudice to any additional enforcement measures, if the authority of a Member State that acts in accordance with point ARA.GEN.300(d) identifies any non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL), Annex VII (Part-ORA) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 by an organisation certified by, or having made a declaration to, the competent authority of another Member State or the Agency, it shall inform that competent authority of that non-compliance.’; (3) in point ARA.GEN.360, point (a) is replaced by the following: ‘(a) Upon receiving a licence holder’s request for a change of competent authority as specified in point FCL.015(e) of Annex I (Part-FCL), point BFCL.015(f) of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or point SFCL.015(f) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, the receiving competent authority shall, without undue delay, request the competent authority of the licence holder to transfer, without undue delay, all of the following: (1) a verification of the licence; (2) copies of the licence holder’s medical records kept by that competent authority in accordance with points ARA.GEN.220 and ARA.MED.150. The medical records shall be transferred in accordance with point MED.A.015 of Annex IV (Part-MED) and shall include a summary of the relevant medical history of the applicant, verified and signed by the medical assessor.’; (4) in point ARA.FCL.200, the following paragraph (e) is added: ‘(e) Instructors for FI(B) or FI(S) certificates: The competent authority shall develop appropriate procedures for the conduct of the training flights under supervision specified in: (1) points BFCL.315(a)(5)(ii) and BFCL.360(a)(2) of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395; and (2) points SFCL.315(a)(7)(ii) and SFCL.360(a)(2) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (5) in point ARA.FCL.250(a), subparagraph (3) is replaced by the following: ‘(3) the licence holder no longer complies with the applicable requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976;’; (6) in point ARA.FCL.300, paragraph (a) is replaced by the following: ‘(a) The competent authority shall put in place the necessary arrangements and procedures to allow applicants to take theoretical knowledge examinations in accordance with the applicable requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.’; (7) the following point ARA.ATO.110 is inserted after point ARA.ATO.105: ‘ ARA.ATO.110 Approval of minimum equipment lists When the competent authority receives an application for approval of a minimum equipment list under points ORO.MLR.105 of Annex III (Part-ORO) and NCC.GEN.101 of Annex VI (Part-NCC) to Regulation (EU) No 965/2012, it shall act in accordance with point ARO.OPS.205 of Annex II (Part-ARO) to that Regulation.’; (8) in point ARA.DTO.100, paragraph (b) is replaced by the following: ‘(b) If the declaration does not contain the required information or contains information that indicates a non-compliance with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation, or with the requirements of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, the competent authority shall act in accordance with point ARA.GEN.350(da).’; (9) in point ARA.DTO.110, paragraph (a) is replaced by the following: ‘(a) Upon receiving the training programmes of a DTO, and any changes thereto, notified to it in accordance with point DTO.GEN.115(c) of Annex VIII (Part-DTO) or the application for approval of the training programmes of a DTO submitted to it in accordance with point DTO.GEN.230(c) of that Annex, the competent authority shall verify the compliance of those training programmes with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.’; (10) Appendix I is amended as follows: (a) the introductory sentence after the heading ‘ Flight crew licence ’ is replaced by the following: ‘The flight crew licence issued by a Member State in accordance with Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 shall conform to the following specifications:’; (b) paragraph (a)(1)(III) is replaced by the following: ‘(III) serial number of the licence commencing with the UN country code of the State of licence issue and followed by ‘FCL’, ‘BFCL’ or ‘SFCL’, as applicable, and a code of numbers and/or letters in Arabic numerals and in Latin script;’; (c) paragraph (a)(2)(XII) is replaced by the following: ‘(XII) ratings, certificates and, in the case of balloons and sailplanes, privileges: class, type, instructor certificates, etc., with dates of expiry, as applicable. Radio telephony (R/T) privileges may appear on the licence or on a separate certificate;’; (d) the template following paragraph (c), with the heading ‘Cover page’ (EASA Form 141 Issue 2), is amended as follows: (i) the phrase ‘Issued in accordance with Part-FCL’ is replaced by the following: ‘Issued in accordance with Part-FCL/Part-BFCL/Part-SFCL (non-applicable terms to be deleted)’; (ii) the phrase ‘This licence complies with ICAO standards, except for the LAPL and EIR privileges’ is replaced by the following: ‘This licence complies with ICAO standards, except for the LAPL and BIR privileges or when accompanied by an LAPL medical certificate’; (e) in the template following the heading ‘Page 2’, the phrase ‘Serial number of the licence will always commence with the UN country code of the State of the licence issue, followed by ‘FCL.’ (remark associated with field No III – Licence number) is replaced by the following: ‘Serial number of the licence will always commence with the UN country code of the State of the licence issue, followed by “FCL.”, “BFCL.” or “SFCL.”, as applicable.’; (f) the template following the heading ‘Page 3’ is amended as follows: (i) the phrase ‘Abbreviations used will be as used in Part-FCL (e.g. PPL(H), ATPL(A), etc.)’ (text associated with field No II – Title of the licence, date of initial issue and country code) is replaced by the following: ‘Abbreviations used will be as those used in Part-FCL (e.g. PPL(H), ATPL(A), etc.), Part-BFCL and Part-SFCL’; (ii) after the phrase ‘In case of LAPL: LAPL not issued in accordance with ICAO standards’ (text associated with field No XIII – Remarks), the following text is added: ‘In case of SPL, except for the cases referred to in Point 2(b) of Article 3b of Commission Implementing Regulation (EU) 2018/1976: Privileges for aerobatic and sailplane cloud flying as well as for launching methods to be exercised in accordance with points SFCL.155, SFCL.200 and SFCL.215 of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.’. (11) Appendix III is replaced by the following: ‘CERTIFICATE FOR APPROVED TRAINING ORGANISATIONS (ATOs) European Union * Competent Authority APPROVED TRAINING ORGANISATION CERTIFICATE [CERTIFICATE NUMBER/REFERENCE] Pursuant to Commission Regulation (EU) No 1178/2011 [and Commission Regulation (EU) 2018/395/Commission Implementing Regulation (EU) 2018/1976 (ADJUST AS APPLICABLE)] and subject to the conditions specified below, the [Competent Authority] hereby certifies [NAME OF THE TRAINING ORGANISATION] [ADDRESS OF THE TRAINING ORGANISATION] as a Part-ORA certified training organisation with the privilege to provide Part-FCL training courses, including the use of FSTDs, as listed in the attached training course approval/Part-BFCL training courses/Part-SFCL training courses [ADJUST AS APPLICABLE]. CONDITIONS: This certificate is limited to the privileges and the scope of providing the training courses, including the use of FSTDs, as listed in the attached training course approval. This certificate is valid whilst the approved organisation remains in compliance with Part-ORA, Part-FCL, Part-BFCL, Part-SFCL [ADJUST AS APPLICABLE] and other applicable regulations. Subject to compliance with the foregoing conditions, this certificate shall remain valid unless it has been surrendered, superseded, limited, suspended or revoked. Date of issue: Signed: [Competent Authority] * ‘‘European Union’’ to be deleted for non-EU Member States EASA FORM 143 Issue 2 – Page 1/2 APPROVED TRAINING ORGANISATION CERTIFICATE TRAINING COURSE APPROVAL Attachment to ATO Certificate Number: [CERTIFICATE NUMBER/REFERENCE] [NAME OF THE TRAINING ORGANISATION] has obtained the privilege to provide and conduct the following Part-FCL/Part-BFCL/Part-SFCL [ADJUST AS APPLICABLE] training courses and to use the following FSTDs: Training course FSTD(s) used, including letter code ( 1 ) This training course approval is valid as long as: (a) the ATO certificate has not been surrendered, superseded, limited, suspended or revoked; and (b) all operations are conducted in compliance with Part-ORA, Part-FCL, Part-BFCL, Part-SFCL [ADJUST AS APPLICABLE], other applicable regulations, and, when relevant, with the procedures in the organisation’s documentation as required by Part-ORA. Date of issue: Signed: [Competent Authority] For the Member State/EASA EASA FORM 143 Issue 2 – Page 2/2’; (12) Appendix VIII is replaced by the following: ‘ Training programme approval for a declared training organisation (DTO) European Union (*) Competent authority Issuing authority: Name of DTO: DTO reference number: Training programme(s) approved: Examiner standardisation – FE(S), FE(B) (**) Examiner refresher course – FE(S), FE(B) (**) Doc reference: Remarks: The above-mentioned training programme(s) has (have) been verified by the above-mentioned competent authority and found to be in compliance with the requirements of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011, Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976. Date of issue: Signed: [competent authority] (*) ‘‘European Union’’ to be deleted for non-EU Member States. (**) To be adjusted as applicable. EASA Form XXX Issue 2 – Page 1/1’. ( 1 ) as indicated on the qualification certificate