Just heard that in the Aircrew regulation texts passed in the EASA Committee last month, the following appears:
in Article 12(4), ‘20 June 2020’ is replaced by ‘20 June 2021’
So there’s another 12 month extension for FAA IR holders!
WOW! Where is the original text?
The Q is whether the UK signs up to this. Last time they didn’t and instead did the ambiguous SRG2140+ process.
Where is the original text?
Peter,
I will ask my contact for the source; but he is usually always perfectly correct.
It appears as §7:
Article 11c is replaced by the following:
“Article 11c
Transitional measures
Member States shall:
(a) by 8 April 2021 at the latest, transfer to EASA all records related to the oversight of organisations that provide training for pilot licences in accordance with Regulation (EU) 2018/395 and Implementing Regulation (EU) 2018/1976 and for which EASA is the competent authority in accordance with Article 78 of Regulation (EU) 2018/1139 of the European Parliament and of the Council*;
(b) in coordination with EASA, conclude, certification processes initiated before 8 April 2020 and issue the certificate following which EASA assumes all its responsibilities as a competent authority for those certified organisations .
* 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 3922/91 (OJ L 212, 22.8.2018, p. 1). ";
(6) in Article 12(2), point (a) is deleted;
(7) in Article 12(4), ‘20 June 2020’ is replaced by ‘20 June 2021’
(8) Annex I (Part-FCL) is amended in accordance with Annex I to this Regulation;
(9) Annex IV (Part-MED) is amended in accordance with Annex II to this Regulation;
(10) Annex VI (Part-ARA) is amended in accordance with Annex III to this Regulation;
(11) Annex VII (Part-ORA) is amended in accordance with Annex IV to this Regulation;
(12) Annex VIII (Part-DTO) is amended in accordance with Annex V to this Regulation.
The Big Q is: do the individual member states get to choose?
Every year, the EU would publish a table of those which chose
Not sure this helps, but let me add … I asked EASA & LBA & iAOPA whether anybody has seen and can confirm that another derogation (table) is published / is in the making. Received kind acknowledgments of my email but no clear response.
Any news on this?
I am wondering what will happen this time around.
Loads of N-reg pilots have either done nothing, or done the SRG2140/2142 stuff.
I know this is an old argument and already done further back but the EASA FCL wording
“within or out of the Community by an operator established or residing in the Community”
(more info here) falls away when the UK leaves the UK, which AIUI has already happened, and then the debate moves to whether the EU Withdrawal Act 2018 will successfully incorporate the above wording into UK law.
I don’t think it is a clear cut argument. If the EU had a law saying that emmental cheese cannot be thus called unless the holes are 5.5mm to 8.7mm diameter, that would transfer clearly very well. The meaning and the intent are both clear. Whereas in the above text, the meaning is clear (“Community” is the EU and the UK is not a member ) but what is the intent? It depends wholly on how cynical you want to be. There is zero safety case. This EASA FCL stuff was never (as far as anyone knows) tested legally since it arrived in 2012, nor was it ever implemented at any airport inspection, and this extra step is even more obscure.
One report is here.
Has the ANO been amended to this effect? And if so, how could the appropriate derogation be worded? In the past it was always “we are waiting for the EASA-FAA treaty”.
Peter wrote:
“within or out of the Community by an operator established or residing in the Community”(more info here) falls away when the UK leaves the UK, which AIUI has already happened, and then the debate moves to whether the EU Withdrawal Act 2018 will successfully incorporate the above wording into UK law.
… in the above text, the meaning is clear (“Community” is the EU and the UK is not a member )
@Peter: Switzerland is not a member of the EU either, and yet its skies are under EASA jurisdiction.
Unless somebody in Euroland is very annoyed, the option for the UK to “opt in” is probably available and I can imagine that politicians will consider it a common sense decision to remain.
