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
EU Regulation 2018/1976 · Adopted 14 December 2018 · Extends to United Kingdom
F1Commission 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
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 3922/91f1, and in particular Article 31 thereof,
Whereas:
(1)
The Commission is to adopt the necessary implementing rules for establishing the conditions for the safe operation of sailplanes 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 operations with sailplanes, there is a need for dedicated operational rules, laid down in a self-standing regulation. Those rules should be based on the general rules for air operations laid down in Commission Regulation (EU) No 965/2012f2, but they should be restructured and simplified, so as to ensure that they are proportionate and founded on a risk-based approach, whilst ensuring that sailplane operations are carried out safely.
(3)
As regards oversight of persons and organisations, the requirements laid down in Article 3 of Regulation (EU) No 965/2012 and Annex II to that Regulation should continue to apply with respect to air operations with sailplanes.
(4)
In the interest of safety and with a view to ensuring compliance with the essential requirements laid down in Annex V to Regulation (EU) 2018/1139, all operators of sailplanes covered by this Regulation, with the exception of design or production organisations performing certain operations, should be subject to a set of basic requirements.
(5)
Taking into account the less complex nature and smaller scale of commercial operations with sailplanes as compared to other forms of commercial aviation and following a risk-based approach, it is appropriate for commercial operations with sailplanes to only require a prior declaration to the competent authority, as set out in point (a) of Article 30(1) of Regulation (EU) 2018/1139. This Regulation lays down the detailed rules for making such declarations.
(6)
Considering the specific nature of certain operations and following a risk-based approach it is appropriate to exempt certain operations with sailplanes from the requirement of a prior declaration.
(7)
In order to ensure a smooth transition and to give all parties concerned sufficient time to prepare for the application of that new regime, this Regulation should only apply six months after entry into force.
(8)
The European Union Aviation Safety Agency prepared draft implementing rules and submitted them as an opinionf3 to the Commission in accordance with points (b) and (c) of Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139.
(9)
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:
Annotations to the whole text
Textual amendments
Footnotes
- f1
- f2
-
Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).
- f3
-
Opinion No 07/2017 of the European Aviation Safety Agency of 23 August 2017 for a draft Commission Regulation on the revision of the operational rules for sailplanes.
Contents
- 1Subject matter and scope
- 2Definitions
- 3Air operations
- 3aPilot licences and medical certification
- 3bExisting pilot licences and national medical certificates
- 3cCredit for training that commenced prior to the date of application of this Regulation
- 3dTraining organisations
- 4Entry into force and application
- Signature
- Annex IDEFINITIONS
- Annex II: SAILPLANE AIR OPERATIONS
- GENERAL REQUIREMENTS
- SAO.GEN.100 Scope
- SAO.GEN.105 Competent authority
- SAO.GEN.110 Demonstration of compliance
- SAO.GEN.115 Introductory flights
- SAO.GEN.120 Immediate reaction to a safety problem
- Point SAO.GEN.125 Designation of the pilot-in-command
- SAO.GEN.130 Responsibilities of the pilot-in-command
- SAO.GEN.135 Responsibilities of crew members
- SAO.GEN.140 Compliance with laws, regulations and procedures
- SAO.GEN.145 Portable electronic devices
- SAO.GEN.150 Dangerous goods
- SAO.GEN.155 Documents, manuals and information to be carried
- SAO.GEN.160 Journey log
- OPERATING PROCEDURES
- SAO.OP.100 Use of aerodromes and operating sites
- SAO.OP.105 Noise abatement procedures — powered sailplanes
- SAO.OP.110 Passenger briefing
- SAO.OP.115 Carriage of special categories of passengers
- SAO.OP.120 Flight preparation
- SAO.OP.125 Refuelling and recharging or replacing of batteries with persons on board — powered sailplanes
- SAO.OP.130 Smoking on board
- SAO.OP.135 Meteorological conditions
- SAO.OP.140 Ice and other contaminants — ground procedures
- SAO.OP.145 In-flight fuel or other energy management — powered sailplanes
- SAO.OP.150 Use of supplemental oxygen
- SAO.OP.155 Sailplane specialised operations
- PERFORMANCE AND OPERATING LIMITATIONS
- SAO.POL.100 Weighing
- SAO.POL.105 Performance — general
- INSTRUMENTS, DATA AND EQUIPMENT
- SAO.IDE.100 Instruments and equipment — general
- SAO.IDE.105 Flight and navigational instruments
- SAO.IDE.110 Operating lights
- SAO.IDE.115 Supplemental oxygen
- SAO.IDE.120 Life-saving and signalling equipment — flights over water
- SAO.IDE.125 Life-saving and signalling equipment — search and rescue difficulties
- SAO.IDE.130 Radio communication equipment
- SAO.IDE.135 Transponder
- DECLARATION
- SAO.DEC.100 Declaration
- SAO.DEC.105 Changes to the declaration and cessation of commercial operations
- Appendix
- Annex III: REQUIREMENTS FOR SAILPLANE FLIGHT CREW LICENSING
- [PART-SFCL]
- GENERAL REQUIREMENTS
- SFCL.001Scope
- SFCL.005Competent authority
- SFCL.015Application for and issue, revalidation and renewal of an SPL as well as associated privileges, ratings and certificates
- SFCL.030Practical skill test
- SFCL.035Crediting of flight time
- SFCL.045Obligation to carry and present documents
- SFCL.050Recording of flight time
- SFCL.065Curtailment of privileges of SPL holders aged 70 years or older in commercial passenger sailplane operations
- SFCL.070Limitation, suspension and revocation of licences, privileges, ratings and certificates
- SAILPLANE PILOT LICENCE ( ‘ SPL ’ )
- SFCL.115SPL – Privileges and conditions
- SFCL.120SPL – Minimum age
- SFCL.125SPL – Student pilot
- SFCL.130SPL – Training course and experience requirements
- SFCL.135SPL – Theoretical knowledge examination
- SFCL.140SPL – Crediting of theoretical knowledge
- SFCL.145SPL – Practical skill test
- SFCL.150SPL – Sailplane and TMG privileges
- SFCL.155SPL – Launching methods
- SFCL.160SPL – Recency requirements
- ADDITIONAL RATINGS AND PRIVILEGES
- SFCL.200Aerobatic privileges
- SFCL.205Banner towing rating
- SFCL.210TMG night rating
- SFCL.215Sailplane cloud flying privileges
- FLIGHT INSTRUCTORS
- General requirements
- SFCL.300Flight instructor certificate
- Flight instructor certificate for sailplanes – FI(S) and BI(S)
- SFCL.310BI(S) certificate – Requirements and privileges
- SFCL.315FI(S) certificate – Privileges and conditions
- SFCL.320FI(S) certificate – Prerequisites and requirements
- SFCL.325FI(S) and BI(S) competencies and assessment
- SFCL.330FI(S) and BI(S) – Training courses
- SFCL.340BI(S) – Assessment of Competence
- SFCL.345FI(S) – Assessment of competence
- SFCL.350FI(S) – Restricted privileges
- SFCL.355BI(S) – Privilege limitations
- SFCL.360FI(S) certificate – Recency requirements
- SFCL.365BI(S) – Recency requirements
- FLIGHT EXAMINERS
- General requirements
- SFCL.400Sailplane flight examiner certificates
- SFCL.405Limitation of privileges in case of vested interests
- SFCL.410Conduct of skill tests, proficiency checks and assessments of competence
- Flight examiner certificate for sailplanes – FE(S)
- SFCL.415FE(S) certificate – Privileges and conditions
- SFCL.420FE(S) certificate – Prerequisites and requirements
- SFCL.430FE(S) certificate – Standardisation course
- SFCL.445FE(S) certificate – Assessment of competence
- SFCL.460FE(S) certificate – Validity, revalidation and renewal