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Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons as well as for the flight crew licensing for balloons pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council

EU Regulation 2018/395 · Adopted 13 March 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 Regulation (EU) 2018/395

of 13 March 2018

laying down detailed rules for the operation of balloons as well as for the flight crew licensing for balloons 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 (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/ECf1, and in particular Article 8(5) thereof,

Whereas:

(1)

The Commission is to adopt the necessary implementing rules for establishing the conditions for the safe operation of balloons in accordance with Regulation (EC) No 216/2008, where such aircraft meet the conditions specified in points (b) and (c) of Article 4(1) of that Regulation.

(2)

In light of the specific nature of operations with balloons, 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 balloon operations are carried out safely.

(3)

The specific rules for air operations with balloons should not extend, however, to the requirements in respect of oversight of air operations by the competent authorities of the Member States, as those requirements are not specific to any particular air operation activity but apply horizontally in respect of all such activities. As regards oversight, the requirements laid down in Article 3 of Regulation (EU) No 965/2012 and Annex II to that Regulation should therefore continue to apply also with respect to air operations with balloons.

(4)

In the interest of safety and with a view to ensuring compliance with the essential requirements laid down in Annex IV to Regulation (EC) No 216/2008, all operators of balloons covered by this Regulation, with the exception of design or production organisations performing certain operations, shall be subject to a set of basic requirements.

(5)

In order to provide additional protection for balloon passengers, provision should be made for certain additional requirements for operators engaged in commercial operations with balloons which should apply in addition to the basic requirements.

(6)

Those additional requirements should take account of the less complex nature of commercial operations with balloons as compared to other forms of commercial aviation, be proportionate and founded on a risk-based approach. Therefore, it is appropriate to replace the requirement of a certificate for commercial operations set out in Article 8(2) of Regulation (EC) No 216/2008 by a requirement to make a prior declaration to the competent authority and to lay down the detailed rules for making such declarations as well as certain other additional requirements.

(7)

However, considering the comparatively low level of complexity and in light of a risk-based approach, operators engaged in certain commercial operations with balloons should be exempted from the requirement of certification and from those additional requirements, including the requirement of making a prior declaration. They should instead only be subject to the basic requirements set out in this Regulation which apply to all air operations with balloons covered by this Regulation.

(8)

In order to ensure a smooth transition and to avoid as much as possible any disruptions when introducing the new, specific regime for balloon operations laid down in this Regulation, any certificates, authorisations and approvals issued to operators of balloons in accordance with the rules applicable prior to the date of application of this Regulation should continue to be valid and be deemed to constitute a declaration made in accordance with this Regulation for a limited time period. After the expiry of that time period, all operators engaged in commercial operations with balloons should make a declaration in accordance with the provisions of this Regulation.

(9)

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 from an appropriate later date.

(10)

The Agency prepared draft implementing rules and submitted them as an opinionf3 to the Commission in accordance with point (b) of Article 17(2) and Article 19(1) of Regulation (EC) No 216/2008.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Textual amendments

F1

Substituted by Commission Implementing Regulation (EU) 2020/357 of 4 March 2020 amending Regulation (EU) 2018/395 as regards balloon pilot licences (Text with EEA relevance).

Footnotes

f1

OJ L 79, 19.3.2008, 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 01/2016 of the European Aviation Safety Agency of 6 January 2016 for a Commission Regulation on the revision of the European operational rules for balloons.

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. 4Transitional provisions
  9. 5Entry into force and application
  10. Signature
  11. Annex IDEFINITIONS
  12. Annex II: BALLOON AIR OPERATIONS
  13. BASIC OPERATIONAL REQUIREMENTS
  14. General requirements
  15. BOP.BAS.001Scope
  16. BOP.BAS.005Competent authority
  17. BOP.BAS.010Demonstration of compliance
  18. BOP.BAS.015Introductory flights
  19. BOP.BAS.020Immediate reaction to a safety problem
  20. BOP.BAS.025Designation as pilot-in-command
  21. BOP.BAS.030Responsibilities of the pilot-in-command
  22. BOP.BAS.035Authority of the pilot-in-command
  23. BOP.BAS.040Responsibilities of crew members
  24. BOP.BAS.045Compliance with laws, regulations and procedures
  25. BOP.BAS.050Documents, manuals and information to be carried
  26. BOP.BAS.055Dangerous goods
  27. BOP.BAS.060Release of dangerous goods
  28. BOP.BAS.065Balloon logbook
  29. Operating procedures
  30. BOP.BAS.100Use of operating sites
  31. BOP.BAS.105Noise abatement procedures
  32. BOP.BAS.110Fuel and ballast supply and planning
  33. BOP.BAS.115Passenger briefing
  34. BOP.BAS.120Carriage of special categories of passengers
  35. BOP.BAS.125Submission of the air traffic service flight plan
  36. BOP.BAS.130Flight preparation
  37. BOP.BAS.135Smoking on board
  38. BOP.BAS.140Carriage and use of weapons
  39. BOP.BAS.145Meteorological conditions
  40. BOP.BAS.150Take-off conditions
  41. BOP.BAS.155Approach and landing conditions
  42. BOP.BAS.160Simulated situations in flight
  43. BOP.BAS.165In-flight fuel management
  44. BOP.BAS.170Refuelling with persons on board
  45. BOP.BAS.175Use of restraint system
  46. BOP.BAS.180Use of supplemental oxygen
  47. BOP.BAS.185Operational limitations at night
  48. BOP.BAS.190Balloon specialised operations — Risk assessment and checklist
  49. Performance and operating limitations
  50. BOP.BAS.200Operating limitations
  51. BOP.BAS.205Weighing
  52. BOP.BAS.210Performance — General
  53. Instruments and equipment
  54. BOP.BAS.300Instruments and equipment — General
  55. BOP.BAS.305Minimum instruments and equipment for flight
  56. BOP.BAS.310Operating lights
  57. BOP.BAS.315Flight and navigational instruments and equipment
  58. BOP.BAS.320Restraint systems
  59. BOP.BAS.325Supplemental oxygen
  60. BOP.BAS.330First-aid kit
  61. BOP.BAS.335Hand fire extinguishers
  62. BOP.BAS.340Life-saving and signalling equipment – Flights over water
  63. BOP.BAS.345Life-saving and signalling equipment – Search and rescue difficulties
  64. BOP.BAS.350Miscellaneous equipment
  65. BOP.BAS.355Radio communication equipment
  66. BOP.BAS.360Transponder
  67. ADDITIONAL REQUIREMENTS FOR COMMERCIAL OPERATIONS
  68. General organisation requirements
  69. BOP.ADD.001Scope
  70. BOP.ADD.005Responsibilities of the operator
  71. BOP.ADD.010Notification of alternative means of compliance
  72. BOP.ADD.015Access
  73. BOP.ADD.020Findings
  74. BOP.ADD.025Occurrence reporting
  75. BOP.ADD.030Management system
  76. BOP.ADD.035Contracted activities
  77. BOP.ADD.040Personnel requirements
  78. BOP.ADD.045Facility requirements
  79. Declaration, airworthiness and wet and dry lease
  80. BOP.ADD.100Declaration
  81. BOP.ADD.105Changes to the declaration and cessation of commercial operations
  82. BOP.ADD.110Airworthiness requirements
  83. BOP.ADD.115Wet lease and dry lease of a balloon registered in a third country
  84. Manuals and records
  85. BOP.ADD.200Operations manual
  86. BOP.ADD.205Record-keeping
  87. Flight crew
  88. BOP.ADD.300Composition of flight crew
  89. BOP.ADD.305Designation as pilot-in-command
  90. BOP.ADD.310Provision of training and checking
  91. BOP.ADD.315Recurrent training and checking
  92. General operating requirements
  93. BOP.ADD.400Responsibilities of the pilot-in-command
  94. BOP.ADD.405Authority of the pilot-in-command
  95. BOP.ADD.410Additional balloon crew member
  96. BOP.ADD.415Fitness relating to deep water diving and blood donation
  97. BOP.ADD.420Common language
  98. BOP.ADD.425Psychoactive substances
  99. BOP.ADD.430Endangering
  100. BOP.ADD.435Documents, manuals and information to be carried
  101. BOP.ADD.440Dangerous goods
  102. Operating procedures
  103. BOP.ADD.500Fuel or ballast calculations
  104. BOP.ADD.505Carriage of special categories of passengers
  105. BOP.ADD.510Commercial balloon specialised operations — Standard operating procedures
  106. Performance and operating limitations
  107. BOP.ADD.600System for determining the mass
  108. Appendix
  109. Annex III: REQUIREMENTS FOR BALLOON FLIGHT CREW LICENSING
  110. GENERAL REQUIREMENTS
  111. BFCL.001 Scope
  112. BFCL.005 Competent authority
  113. BFCL.010 Classes and groups of balloons
  114. BFCL.015 Application for and issue, revalidation and renewal of a BPL as well as associated privileges, ratings and certificates
  115. BFCL.030 Practical skill test
  116. BFCL.035 Crediting of flight time
  117. BFCL.045 Obligation to carry and present documents
  118. BFCL.050 Recording of flight time
  119. BFCL.065 Curtailment of privileges of BPL holders aged 70 years or older in commercial passenger ballooning
  120. BFCL.070 Limitation, suspension or revocation of licences, privileges, ratings and certificates
  121. BALLOON PILOT LICENCE ( ‘ BPL ’ )
  122. BFCL.115 BPL – Privileges and conditions
  123. BFCL.120 BPL – Minimum age
  124. BFCL.125 BPL – Student pilot
  125. BFCL.130 BPL – Training course and experience requirements
  126. BFCL.135 BPL – Theoretical knowledge examination
  127. BFCL.140 BPL – Crediting of theoretical knowledge
  128. BFCL.145 BPL – Practical skill test
  129. BFCL.150 BPL – Extension of privileges to another balloon class or group
  130. BFCL.160 BPL – Recency requirements
  131. ADDITIONAL RATINGS
  132. BFCL.210
  133. BFCL.210 Night rating
  134. BFCL.215 Commercial non-passenger operation rating
  135. BFCL.220 – Commercial passenger operation rating
  136. FLIGHT INSTRUCTORS
  137. General requirements
  138. BFCL.300 Flight instructor certificates
  139. (a)General
  140. (b)Instruction provided outside the United Kingdom
  141. Flight instructor certificate for balloons – FI(B)
  142. BFCL.315 FI(B) certificate – Privileges and conditions
  143. BFCL.320 FI(B) – Prerequisites and requirements
  144. BFCL.325 FI(B) competencies and assessment
  145. BFCL.330 FI(B) – Training course
  146. BFCL.345 FI(B) – Assessment of competence
  147. BFCL.360 FI(B) certificate – Recency requirements
  148. FLIGHT EXAMINERS
  149. General requirements
  150. BFCL.400 Balloon flight examiner certificates
  151. (a)General
  152. (b)Examinations conducted outside the United Kingdom
  153. BFCL.405 Limitation of privileges in case of vested interests
  154. BFCL.410 Conduct of skill tests, proficiency checks and assessments of competence
  155. Flight examiner certificate for balloons – FE(B)
  156. BFCL.415 FE(B) certificate – Privileges and conditions
  157. BFCL.420 FE(B) certificate – Prerequisites and requirements
  158. BFCL.430 FE(B) certificate – Standardisation course
  159. BFCL.445 FE(B) certificate – Assessment of competence
  160. BFCL.460 FE(B) certificate – Validity, revalidation and renewal
  161. BFCL.470 Senior examiner certificate for balloons – SE(B)