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
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
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 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
- 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
- 4Transitional provisions
- 5Entry into force and application
- Signature
- Annex IDEFINITIONS
- Annex II: BALLOON AIR OPERATIONS
- BASIC OPERATIONAL REQUIREMENTS
- General requirements
- BOP.BAS.001Scope
- BOP.BAS.005Competent authority
- BOP.BAS.010Demonstration of compliance
- BOP.BAS.015Introductory flights
- BOP.BAS.020Immediate reaction to a safety problem
- BOP.BAS.025Designation as pilot-in-command
- BOP.BAS.030Responsibilities of the pilot-in-command
- BOP.BAS.035Authority of the pilot-in-command
- BOP.BAS.040Responsibilities of crew members
- BOP.BAS.045Compliance with laws, regulations and procedures
- BOP.BAS.050Documents, manuals and information to be carried
- BOP.BAS.055Dangerous goods
- BOP.BAS.060Release of dangerous goods
- BOP.BAS.065Balloon logbook
- Operating procedures
- BOP.BAS.100Use of operating sites
- BOP.BAS.105Noise abatement procedures
- BOP.BAS.110Fuel and ballast supply and planning
- BOP.BAS.115Passenger briefing
- BOP.BAS.120Carriage of special categories of passengers
- BOP.BAS.125Submission of the air traffic service flight plan
- BOP.BAS.130Flight preparation
- BOP.BAS.135Smoking on board
- BOP.BAS.140Carriage and use of weapons
- BOP.BAS.145Meteorological conditions
- BOP.BAS.150Take-off conditions
- BOP.BAS.155Approach and landing conditions
- BOP.BAS.160Simulated situations in flight
- BOP.BAS.165In-flight fuel management
- BOP.BAS.170Refuelling with persons on board
- BOP.BAS.175Use of restraint system
- BOP.BAS.180Use of supplemental oxygen
- BOP.BAS.185Operational limitations at night
- BOP.BAS.190Balloon specialised operations — Risk assessment and checklist
- Performance and operating limitations
- BOP.BAS.200Operating limitations
- BOP.BAS.205Weighing
- BOP.BAS.210Performance — General
- Instruments and equipment
- BOP.BAS.300Instruments and equipment — General
- BOP.BAS.305Minimum instruments and equipment for flight
- BOP.BAS.310Operating lights
- BOP.BAS.315Flight and navigational instruments and equipment
- BOP.BAS.320Restraint systems
- BOP.BAS.325Supplemental oxygen
- BOP.BAS.330First-aid kit
- BOP.BAS.335Hand fire extinguishers
- BOP.BAS.340Life-saving and signalling equipment – Flights over water
- BOP.BAS.345Life-saving and signalling equipment – Search and rescue difficulties
- BOP.BAS.350Miscellaneous equipment
- BOP.BAS.355Radio communication equipment
- BOP.BAS.360Transponder
- ADDITIONAL REQUIREMENTS FOR COMMERCIAL OPERATIONS
- General organisation requirements
- BOP.ADD.001Scope
- BOP.ADD.005Responsibilities of the operator
- BOP.ADD.010Notification of alternative means of compliance
- BOP.ADD.015Access
- BOP.ADD.020Findings
- BOP.ADD.025Occurrence reporting
- BOP.ADD.030Management system
- BOP.ADD.035Contracted activities
- BOP.ADD.040Personnel requirements
- BOP.ADD.045Facility requirements
- Declaration, airworthiness and wet and dry lease
- BOP.ADD.100Declaration
- BOP.ADD.105Changes to the declaration and cessation of commercial operations
- BOP.ADD.110Airworthiness requirements
- BOP.ADD.115Wet lease and dry lease of a balloon registered in a third country
- Manuals and records
- BOP.ADD.200Operations manual
- BOP.ADD.205Record-keeping
- Flight crew
- BOP.ADD.300Composition of flight crew
- BOP.ADD.305Designation as pilot-in-command
- BOP.ADD.310Provision of training and checking
- BOP.ADD.315Recurrent training and checking
- General operating requirements
- BOP.ADD.400Responsibilities of the pilot-in-command
- BOP.ADD.405Authority of the pilot-in-command
- BOP.ADD.410Additional balloon crew member
- BOP.ADD.415Fitness relating to deep water diving and blood donation
- BOP.ADD.420Common language
- BOP.ADD.425Psychoactive substances
- BOP.ADD.430Endangering
- BOP.ADD.435Documents, manuals and information to be carried
- BOP.ADD.440Dangerous goods
- Operating procedures
- BOP.ADD.500Fuel or ballast calculations
- BOP.ADD.505Carriage of special categories of passengers
- BOP.ADD.510Commercial balloon specialised operations — Standard operating procedures
- Performance and operating limitations
- BOP.ADD.600System for determining the mass
- Appendix
- Annex III: REQUIREMENTS FOR BALLOON FLIGHT CREW LICENSING
- GENERAL REQUIREMENTS
- BFCL.001 Scope
- BFCL.005 Competent authority
- BFCL.010 Classes and groups of balloons
- BFCL.015 Application for and issue, revalidation and renewal of a BPL as well as associated privileges, ratings and certificates
- BFCL.030 Practical skill test
- BFCL.035 Crediting of flight time
- BFCL.045 Obligation to carry and present documents
- BFCL.050 Recording of flight time
- BFCL.065 Curtailment of privileges of BPL holders aged 70 years or older in commercial passenger ballooning
- BFCL.070 Limitation, suspension or revocation of licences, privileges, ratings and certificates
- BALLOON PILOT LICENCE ( ‘ BPL ’ )
- BFCL.115 BPL – Privileges and conditions
- BFCL.120 BPL – Minimum age
- BFCL.125 BPL – Student pilot
- BFCL.130 BPL – Training course and experience requirements
- BFCL.135 BPL – Theoretical knowledge examination
- BFCL.140 BPL – Crediting of theoretical knowledge
- BFCL.145 BPL – Practical skill test
- BFCL.150 BPL – Extension of privileges to another balloon class or group
- BFCL.160 BPL – Recency requirements
- ADDITIONAL RATINGS
- BFCL.210
- BFCL.210 Night rating
- BFCL.215 Commercial non-passenger operation rating
- BFCL.220 – Commercial passenger operation rating
- FLIGHT INSTRUCTORS
- General requirements
- BFCL.300 Flight instructor certificates
- (a)General
- (b)Instruction provided outside the United Kingdom
- Flight instructor certificate for balloons – FI(B)
- BFCL.315 FI(B) certificate – Privileges and conditions
- BFCL.320 FI(B) – Prerequisites and requirements
- BFCL.325 FI(B) competencies and assessment
- BFCL.330 FI(B) – Training course
- BFCL.345 FI(B) – Assessment of competence
- BFCL.360 FI(B) certificate – Recency requirements
- FLIGHT EXAMINERS
- General requirements
- BFCL.400 Balloon flight examiner certificates
- (a)General
- (b)Examinations conducted outside the United Kingdom
- BFCL.405 Limitation of privileges in case of vested interests
- BFCL.410 Conduct of skill tests, proficiency checks and assessments of competence
- Flight examiner certificate for balloons – FE(B)
- BFCL.415 FE(B) certificate – Privileges and conditions
- BFCL.420 FE(B) certificate – Prerequisites and requirements
- BFCL.430 FE(B) certificate – Standardisation course
- BFCL.445 FE(B) certificate – Assessment of competence
- BFCL.460 FE(B) certificate – Validity, revalidation and renewal
- BFCL.470 Senior examiner certificate for balloons – SE(B)