Regulation (EU) No. 1178/2011

; Regulation (EU) No. 1178/2011
Title:	Regulation (EU) No. 1178/2011 of the Commission of 3 November 2011 laying down technical regulations and administrative procedures in relation to aircrew in civil aviation in accordance with Regulation (EC) No. 216/2008 of the European Parliament and of the Council
Designation: ; (not official)	EU-FCL, EASA-FCL
Scope:	EEA
Legal matter:	Aviation law
Basis:	TFEU ; Regulation (EC) No. 216/2008 , in particular Article 7 (6), Article 8 (5) and Article 10 (5)
Reference:	OJ L 311 of 25.11.2011, pp. 1–193
Full text	Consolidated version (not official) ; basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

Commission Regulation (EU) No. 1178/2011 of November 3, 2011 laying down technical regulations and administrative procedures in relation to aircrew in civil aviation in accordance with Regulation (EC) No. 216/2008 of the European Parliament and of the Council is the central set of rules within the EASA countries for the approval, training and licensing of pilots and flight attendants. This subject area is often referred to as Flight Crew Licensing or FCL, which is why the provisions of the regulation are also called EU-FCL or EASA-FCL . As directly applicable law, the regulation in Germany largely replaced the LuftPersV and the LuftVZO and replaced the JAR-FCL guidelines, which are referred to in these national regulations. The LuftPersV includes additions to the EU-FCL as well as the regulation on training and licensing for air sports equipment .

history

With the Regulation (EC) no. 216/2008 joint laying down rules for civil aviation and establishing a European Aviation Safety Agency in 2008 laid the foundation for the creation of a common European legal basis was laid for the aviation industry. These uniform regulations were previously defined by the Joint Aviation Authorities in the form of the Joint Aviation Requirements (JAR). These JAR only had the character of guidelines and had to be transposed into national law by the member states. In contrast to this, VO 1178/2011 as an EU regulation is directly applicable law in accordance with Article 288 AUEV .

VO 1178/2011 is an Implementing Rule (e.g. implementing regulation) of VO 216/2008. Regulation 216/2008 set a deadline of April 8, 2012 for the implementation provisions of the FCL to come into force. On this date Regulation 1178/2011 actually came into force, but the Member States could postpone its application until April 8, 2015 for some areas become. Regulation 1178/2011 was supplemented by Regulation 290/2012, which allowed the member states to postpone the application of the entire Regulation 1178/2011 until April 8, 2013. This shift is often referred to as a horizontal opt-out. In addition, Regulations 290/2012 contain appendices 5-7 of the actual Regulation 1178/2011.

Content of the regulation

The basic regulation 216/2008 stipulates that only aviation equipment and vintage cars remain under the legislation of the member states, so the regulations of regulation 1178/2011 apply to all other aircraft. This affects pilots of aircraft from the A380 to gliders and hot air balloons .

The individual articles of the regulation only deal with the scope, transitional provisions and the general procedure for transferring existing licenses and authorizations into the new system. The main part of the regulations can be found in the annexes to the regulation:

Appendix 1 - Requirements for pilot licenses (page L 311/7)
Appendix 2 - Conditions for converting existing national licenses and ratings (page L 311/163)
Annex 3 - Conditions for the recognition of licenses issued by or for third countries
Appendix 4 - medical area (page L 311/173)
Appendix 5 - Qualification of Flight Attendants
Appendix 6 - Authority requirements with regard to flight personnel
Appendix 7 - Requirements for organizations with regard to flight personnel (training companies) (page L 100/44)

implementation

With NfL I 218/12, the BMVBS announced that all options for delayed application (opt-out) opened up by the regulation will be used. The opt-out includes all licenses that did not comply with the JAR or were not regulated by the JAR. These are z. B. some nationally regulated motor flight licenses, balloon licenses and glider licenses. These licenses therefore only had to be converted to the new regulation of the regulation by April 8, 2014 or April 8, 2015. The guidelines for the medical medical examination , however, came into force on April 8, 2013.

According to the German Aero Club , around 13,000 existing, nationally regulated powered aircraft licenses and around 34,000 glider flying licenses must be converted and in some cases adapted to the new legal provisions. The conditions for converting these licenses were published in NfL I 16/13 in February 2013. Existing JAR-compliant licenses are considered to be issued in accordance with the regulation and will be exchanged for the new licenses in the 5 years between 2013 and 2018 as part of their regular renewal. In Germany this affects around 17,500 licenses.

criticism

The definition of “commercial aviation” made in the regulation leaves room for interpretation. Cost-sharing flights or sightseeing flights with passengers carried out by air sports clubs could be interpreted as commercial within the meaning of the regulation. This creates legal uncertainty as to the extent to which passengers are allowed to contribute to the costs of such flights if private pilots operate them.

Individual evidence

[1] Regulation (EU) No. 1178/2011 (PDF)

[2] Regulation (EC) No. 216/2008 (PDF)

[3] Regulation (EU) No. 290/2012 (PDF)

[4] NfL I 218/12 to opt-out of the Federal Republic

[5] FAQs of the DAeC on license conversion

[6] NfL I 16/13 Conversion Reports of the Federal Republic of Germany (PDF; 180 kB)

[7] ublication in Aerokurier on the issue of cost sharing