Initial IR test must be flown in EASA airspace?

[Alex Whittingham]

I have always been told that this is a requirement but when I come to look for it in Part FCL I cannot find it. Can anyone give me a steer to the appropriate implementing rule/AMC please?

[selfin]

ORA.ATO.150 (* (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02011R1178-20200622#tocId1876)) almost covers it.

ORA.ATO.150 Training in third countries

When the ATO is approved to provide training for the instrument rating (IR) in third countries:
(a) the training programme shall include acclimatisation flying in one of the Member States before the IR skill test is taken; and
(b) the IR skill test shall be taken in one of the Member States.

[Alex Whittingham]

thank you!

[rudestuff]

Could you take the IR test in St Pierre and Miquelon? A little bit of France off the coast of Canada?

[Alex Whittingham]

pourquoi Pas?

[selfin]

The meaning of third countries in this rule is slightly different than usual. The overseas countries and territories, specifically those listed in Annex II to TFEU (* (https://eur-lex.europa.eu/eli/treaty/tfeu_2012/oj)), are "outside the territories to which the Treaties apply" (* (http://ec.europa.eu/taxation_customs/business/vat/eu-vat-rules-topic/territorial-status-eu-countries-certain-territories_en)) (cf article 2, Basic Regulation). For the most part EU law is applied to OCTs at the discretion of the controlling state. For example Denmark has chosen to apply the Aircrew Regulation to Greenland and the Faeroes. A similar arrangement has been made for New Caledonia (* (https://www.aviation-civile.nc/pilotes-et-professionnels-2/licences-et-examens)). The UK has taken a different approach with its overseas territories which enjoy Overseas Territories Aviation Requirements modelled on US regulations.

For the purpose of this rule article 78 in the Basic Regulation bears fruit. It requires EASA to be the competent authority taking responsibility for certification oversight and enforcement of pilot training organisations that are principally based outside the territories for which member states are responsible under the Chicago Convention. That article clarifies what is meant in rule ORA.GEN.105 in the Part-ORA annex to the Aircrew Regulation. The OCTs do not adhere under their own aegis to the Chicago Convention—see list of parties here (https://www.icao.int/secretariat/legal/List%20of%20Parties/Chicago_EN.pdf)—so they should not be treated as third countries for the purpose of ORA.ATO.150. I wonder when the first DTO will be established in the Caribbean.

[4535jacks]

So you are saying that the requirment for a familiarisarion flight and test within a member state will not apply to MEIR training done with an EASA approved UK based ATO from 1 Jan 21?

[selfin]

The rule at ORA.ATO.150 will apply when the UK becomes a third country after IP completion day (* (https://www.legislation.gov.uk/ukpga/2020/1/section/39)). Unless the rule is changed by the Commission. Or the Agency grants an exemption pursuant to articles 71 and 76 in the Basic Regulation. Or the UK remains a member of EASA as an associated country. Or some other arrangement is reached.