markkal
25th Mar 2012, 20:04
Non JAR national ratings and EASA
Hi Dear friends,
I have been posting in this forum a few years ago concerning a problem with ma FI(A) licence.
I have had a french ppl licence (Changed to JAR) in 2007, since 1986.
After having completed a Jar FI(A) in Italy (2007), the french declined from endorsing it, on grounds that they only acknowledge french ratings.
So I changed my ppl it into an Italian JAR licence in 2009.
And was faced with another issue, my french aerobatic rating has been endorsed, but not my french national "Advanced aerobatics" ratings which in conjunction with a valid FI(A) entitles the holder in france to teach aerobatics.
Have been trying for 2 years to solve this issue in Italy unsuccesfully.
ENAC (Italian CAA) after having granted me an appointment (they are not open to the public since 2011) did not follow suit stating I had to take the italian aerobatic instructor course. Or wait for the new EASA rules to come into effect. The alternative, to which I was entitled to, i.e., to get some credit in terms of hours towards the completion of the national course, has been dismissed without justification.
Ever since it has been impossible to establish further contact with the authority.
Now EASA ( As per april 9, 2012) calls for mutual recognition from member states authorities for national "non jar" national ratings like aerobatics, towing and mountain flying:
(COMMISSION REGULATION (EU) No 1178/2011
of 3 November 2011
laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. Official Journal of the European Union L311, Nov 25.2011)
EASA is also working to regulate in these fields and there will be a transitional period during which authorities should abide by a code of conduct as laid out and agreed upon by european decree:
"Laying down technical requirements and administrative procedures related to civil
aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council
6. General principles governing the transition
In line with Article 12(6) of the aircrew Regulation and 2(3) of its amending Regulation, if a
Member State decides to make use of an opt out, it shall notify the Commission and the Agency. This notification shall describe the reasons for the decision as well as the programme for implementation containing envisaged actions and related timing. This implementation programme should be of great importance to assess the progress of implementation of the new rules during the standardisation visits. These programmes might not need to include all the details when being notified by April 2012 and may be amended during the out period if necessary. In case of making substantial amendments to those
programmes, it is advisable to inform accordingly the Commission and the Agency.
It is also of an utmost importance that all Member States, while implementing opt outs, respect the principle of sincere cooperation.
This duty is enshrined in Article 4(3) of the
Treaty on European Union, which implies taking all appropriate measures to ensure fulfilment
of obligations arising out of the Treaties. In particular, Member States should abstain from
any action which would endanger the full implementation on the new EU rules by the end of
the transitional period, should start converting national licences and issuing new licences as
soon as possible and should abstain from regulating at national level in areas covered by
implementing rules
In order to facilitate the transition towards the new system, a general opt out of 1 year (until 8
April 2013) is foreseen in both; aircrew and amending regulation, covering the
applicability
of Annexes I to VII.It is understood that Member States, persons and organisations concerned
will prepare for the implementation of the new system during this year.
In addition to this horizontal transition period, other specific ones are included as explained
below.
Non JAR-compliant pilot's licences and certificates
· Non JAR-compliant licences shall be converted into Part-FCL licences however an opt out is possible until 8 April 2014 "
[/FONT]
This nothwistanding, I have been in touch with ENAC's office at Rome Urbe airport, where I managed to sneak in on rare occasions when I could find somebody, and was able to state my case with insistence. I was finally told that everything would be delayed for another 3 years.
In contrast, EASA's Legal Department in Bonn, who have been assisting me, said if authorities decline to recognise and endorse rating, the deadline for compliance in this particular case is April 9, 2013.
Technical time frames requirements to reformulate legislation, reorganise and adapt to new regulation are necessary, without doubt. Though for more than a decade we have been switching from national licences to transitional ICAO then JAR and finally EASA. And still need to wait 3 years???
I am questioning the logic behind all of this: Declining to endorse a rating in April 2012, then just stamp it on the licence maybe in...2015
This situation generates a lot of frustration, It is quite impossible to get anyone to take a clear stand whether within CAA's or EASA; the rare information I got and get is contradicting both in terms of procedures and time frames for compliance..
Anyone out there able to give some suggestions ????
Hi Dear friends,
I have been posting in this forum a few years ago concerning a problem with ma FI(A) licence.
I have had a french ppl licence (Changed to JAR) in 2007, since 1986.
After having completed a Jar FI(A) in Italy (2007), the french declined from endorsing it, on grounds that they only acknowledge french ratings.
So I changed my ppl it into an Italian JAR licence in 2009.
And was faced with another issue, my french aerobatic rating has been endorsed, but not my french national "Advanced aerobatics" ratings which in conjunction with a valid FI(A) entitles the holder in france to teach aerobatics.
Have been trying for 2 years to solve this issue in Italy unsuccesfully.
ENAC (Italian CAA) after having granted me an appointment (they are not open to the public since 2011) did not follow suit stating I had to take the italian aerobatic instructor course. Or wait for the new EASA rules to come into effect. The alternative, to which I was entitled to, i.e., to get some credit in terms of hours towards the completion of the national course, has been dismissed without justification.
Ever since it has been impossible to establish further contact with the authority.
Now EASA ( As per april 9, 2012) calls for mutual recognition from member states authorities for national "non jar" national ratings like aerobatics, towing and mountain flying:
(COMMISSION REGULATION (EU) No 1178/2011
of 3 November 2011
laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. Official Journal of the European Union L311, Nov 25.2011)
EASA is also working to regulate in these fields and there will be a transitional period during which authorities should abide by a code of conduct as laid out and agreed upon by european decree:
"Laying down technical requirements and administrative procedures related to civil
aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council
6. General principles governing the transition
In line with Article 12(6) of the aircrew Regulation and 2(3) of its amending Regulation, if a
Member State decides to make use of an opt out, it shall notify the Commission and the Agency. This notification shall describe the reasons for the decision as well as the programme for implementation containing envisaged actions and related timing. This implementation programme should be of great importance to assess the progress of implementation of the new rules during the standardisation visits. These programmes might not need to include all the details when being notified by April 2012 and may be amended during the out period if necessary. In case of making substantial amendments to those
programmes, it is advisable to inform accordingly the Commission and the Agency.
It is also of an utmost importance that all Member States, while implementing opt outs, respect the principle of sincere cooperation.
This duty is enshrined in Article 4(3) of the
Treaty on European Union, which implies taking all appropriate measures to ensure fulfilment
of obligations arising out of the Treaties. In particular, Member States should abstain from
any action which would endanger the full implementation on the new EU rules by the end of
the transitional period, should start converting national licences and issuing new licences as
soon as possible and should abstain from regulating at national level in areas covered by
implementing rules
In order to facilitate the transition towards the new system, a general opt out of 1 year (until 8
April 2013) is foreseen in both; aircrew and amending regulation, covering the
applicability
of Annexes I to VII.It is understood that Member States, persons and organisations concerned
will prepare for the implementation of the new system during this year.
In addition to this horizontal transition period, other specific ones are included as explained
below.
Non JAR-compliant pilot's licences and certificates
· Non JAR-compliant licences shall be converted into Part-FCL licences however an opt out is possible until 8 April 2014 "
[/FONT]
This nothwistanding, I have been in touch with ENAC's office at Rome Urbe airport, where I managed to sneak in on rare occasions when I could find somebody, and was able to state my case with insistence. I was finally told that everything would be delayed for another 3 years.
In contrast, EASA's Legal Department in Bonn, who have been assisting me, said if authorities decline to recognise and endorse rating, the deadline for compliance in this particular case is April 9, 2013.
Technical time frames requirements to reformulate legislation, reorganise and adapt to new regulation are necessary, without doubt. Though for more than a decade we have been switching from national licences to transitional ICAO then JAR and finally EASA. And still need to wait 3 years???
I am questioning the logic behind all of this: Declining to endorse a rating in April 2012, then just stamp it on the licence maybe in...2015
This situation generates a lot of frustration, It is quite impossible to get anyone to take a clear stand whether within CAA's or EASA; the rare information I got and get is contradicting both in terms of procedures and time frames for compliance..
Anyone out there able to give some suggestions ????