OpenLegislation

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

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

F1

Substituted by Commission Implementing Regulation (EU) 2020/358 of 4 March 2020 amending Implementing Regulation (EU) 2018/1976 as regards sailplane pilot licences (Text with EEA relevance).

Footnotes

f1

OJ L 212, 22.8.2018, p. 1.

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

  1. 1Subject matter and scope
  2. 2Definitions
  3. 3Air operations
  4. 3aPilot licences and medical certification
  5. 3bExisting pilot licences and national medical certificates
  6. 3cCredit for training that commenced prior to the date of application of this Regulation
  7. 3dTraining organisations
  8. 4Entry into force and application
  9. Signature
  10. Annex IDEFINITIONS
  11. Annex II: SAILPLANE AIR OPERATIONS
  12. GENERAL REQUIREMENTS
  13. SAO.GEN.100 Scope
  14. SAO.GEN.105 Competent authority
  15. SAO.GEN.110 Demonstration of compliance
  16. SAO.GEN.115 Introductory flights
  17. SAO.GEN.120 Immediate reaction to a safety problem
  18. Point SAO.GEN.125 Designation of the pilot-in-command
  19. SAO.GEN.130 Responsibilities of the pilot-in-command
  20. SAO.GEN.135 Responsibilities of crew members
  21. SAO.GEN.140 Compliance with laws, regulations and procedures
  22. SAO.GEN.145 Portable electronic devices
  23. SAO.GEN.150 Dangerous goods
  24. SAO.GEN.155 Documents, manuals and information to be carried
  25. SAO.GEN.160 Journey log
  26. OPERATING PROCEDURES
  27. SAO.OP.100 Use of aerodromes and operating sites
  28. SAO.OP.105 Noise abatement procedures — powered sailplanes
  29. SAO.OP.110 Passenger briefing
  30. SAO.OP.115 Carriage of special categories of passengers
  31. SAO.OP.120 Flight preparation
  32. SAO.OP.125 Refuelling and recharging or replacing of batteries with persons on board — powered sailplanes
  33. SAO.OP.130 Smoking on board
  34. SAO.OP.135 Meteorological conditions
  35. SAO.OP.140 Ice and other contaminants — ground procedures
  36. SAO.OP.145 In-flight fuel or other energy management — powered sailplanes
  37. SAO.OP.150 Use of supplemental oxygen
  38. SAO.OP.155 Sailplane specialised operations
  39. PERFORMANCE AND OPERATING LIMITATIONS
  40. SAO.POL.100 Weighing
  41. SAO.POL.105 Performance — general
  42. INSTRUMENTS, DATA AND EQUIPMENT
  43. SAO.IDE.100 Instruments and equipment — general
  44. SAO.IDE.105 Flight and navigational instruments
  45. SAO.IDE.110 Operating lights
  46. SAO.IDE.115 Supplemental oxygen
  47. SAO.IDE.120 Life-saving and signalling equipment — flights over water
  48. SAO.IDE.125 Life-saving and signalling equipment — search and rescue difficulties
  49. SAO.IDE.130 Radio communication equipment
  50. SAO.IDE.135 Transponder
  51. DECLARATION
  52. SAO.DEC.100 Declaration
  53. SAO.DEC.105 Changes to the declaration and cessation of commercial operations
  54. Appendix
  55. Annex III: REQUIREMENTS FOR SAILPLANE FLIGHT CREW LICENSING
  56. [PART-SFCL]
  57. GENERAL REQUIREMENTS
  58. SFCL.001Scope
  59. SFCL.005Competent authority
  60. SFCL.015Application for and issue, revalidation and renewal of an SPL as well as associated privileges, ratings and certificates
  61. SFCL.030Practical skill test
  62. SFCL.035Crediting of flight time
  63. SFCL.045Obligation to carry and present documents
  64. SFCL.050Recording of flight time
  65. SFCL.065Curtailment of privileges of SPL holders aged 70 years or older in commercial passenger sailplane operations
  66. SFCL.070Limitation, suspension and revocation of licences, privileges, ratings and certificates
  67. SAILPLANE PILOT LICENCE ( ‘ SPL ’ )
  68. SFCL.115SPL – Privileges and conditions
  69. SFCL.120SPL – Minimum age
  70. SFCL.125SPL – Student pilot
  71. SFCL.130SPL – Training course and experience requirements
  72. SFCL.135SPL – Theoretical knowledge examination
  73. SFCL.140SPL – Crediting of theoretical knowledge
  74. SFCL.145SPL – Practical skill test
  75. SFCL.150SPL – Sailplane and TMG privileges
  76. SFCL.155SPL – Launching methods
  77. SFCL.160SPL – Recency requirements
  78. ADDITIONAL RATINGS AND PRIVILEGES
  79. SFCL.200Aerobatic privileges
  80. SFCL.205Banner towing rating
  81. SFCL.210TMG night rating
  82. SFCL.215Sailplane cloud flying privileges
  83. FLIGHT INSTRUCTORS
  84. General requirements
  85. SFCL.300Flight instructor certificate
  86. Flight instructor certificate for sailplanes – FI(S) and BI(S)
  87. SFCL.310BI(S) certificate – Requirements and privileges
  88. SFCL.315FI(S) certificate – Privileges and conditions
  89. SFCL.320FI(S) certificate – Prerequisites and requirements
  90. SFCL.325FI(S) and BI(S) competencies and assessment
  91. SFCL.330FI(S) and BI(S) – Training courses
  92. SFCL.340BI(S) – Assessment of Competence
  93. SFCL.345FI(S) – Assessment of competence
  94. SFCL.350FI(S) – Restricted privileges
  95. SFCL.355BI(S) – Privilege limitations
  96. SFCL.360FI(S) certificate – Recency requirements
  97. SFCL.365BI(S) – Recency requirements
  98. FLIGHT EXAMINERS
  99. General requirements
  100. SFCL.400Sailplane flight examiner certificates
  101. SFCL.405Limitation of privileges in case of vested interests
  102. SFCL.410Conduct of skill tests, proficiency checks and assessments of competence
  103. Flight examiner certificate for sailplanes – FE(S)
  104. SFCL.415FE(S) certificate – Privileges and conditions
  105. SFCL.420FE(S) certificate – Prerequisites and requirements
  106. SFCL.430FE(S) certificate – Standardisation course
  107. SFCL.445FE(S) certificate – Assessment of competence
  108. SFCL.460FE(S) certificate – Validity, revalidation and renewal