# Commission Decision of 1 July 2014 authorising the United Kingdom to derogate from certain common aviation safety rules pursuant            to Article 14(6) of Regulation (EC) No 216/2008 of the European Parliament and of the Council (notified under document C(2014) 4355)            (Text with EEA relevance) (2014/426/EU)         

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U.K.

# Commission Decision

# of 1 July 2014

# authorising the United Kingdom to derogate from certain common aviation safety rules pursuant to Article 14(6) of Regulation                        (EC) No 216/2008 of the European Parliament and of the Council                     

# *(notified under document C(2014) 4355)*

# (Text with EEA relevance)

# (2014/426/EU)

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/EC(1), and in particular Article 14(7) thereof,                        

Whereas:

(1)The United Kingdom notified its intention to grant an approval derogating from the common aviation safety rules contained                              in Commission Regulation (EU) No 1178/2011(2). Pursuant to Article 14(7) of Regulation (EC) No 216/2008, the Commission assessed the need for, and the level of protection                              emerging from, the proposed derogation, based on the recommendation from the European Aviation Safety Agency (‘the Agency’).

(2)The proposed derogation, notified by the United Kingdom on 2 August 2013, concerns the conversion of the existing national                              licences for sailplane pilots, set out in Article 4(2) and (3) of Regulation (EU) No 1178/2011. The United Kingdom argued                              that the derogation is needed so that the holder of any non-statutory qualification document issued by the British Gliding                              Association (BGA) may be credited with compliance with the relevant parts of Annex I to Regulation (EU) No 1178/2011, in accordance                              with the conversion report that has been developed in consultation with the Agency in accordance with Article 4 of Regulation                              (EU) No 1178/2011. The derogation would enable the United Kingdom to issue equivalent Part-FCL LAPL(S) or SPL licences and                              instructor and examiner certificates to the holders of such qualification documents.

(3)The United Kingdom also gave reasons demonstrating that an equivalent level of protection would be achieved should the proposed                              derogation be granted. Based on the recommendation from the Agency, issued on 8 October 2013, the Commission concluded that                              the proposed derogation would provide a level of protection equivalent to the one attained by application of the common aviation                              safety rules, provided certain conditions are met.

(4)In accordance with Article 14(7) of Regulation (EC) No 216/2008, a decision by the Commission that a Member State may grant                              a proposed derogation needs to be notified to all Member States, which would also be entitled to apply the measure in question.                              This Decision should therefore be addressed to all Member States. The description of the derogation, as well as the conditions                              attached to it, should be such as to enable other Member States to also apply that measure when they are in the same situation,                              without requiring a further decision by the Commission. For these purposes, considering that the aforementioned conversion                              report is not publicly available, the United Kingdom should make it available to the other Member States upon their request.                              In addition, the Member States should exchange information on the application of this measure where they apply it, in accordance                              with Article 15(1) of Regulation (EC) No 216/2008, as this application may have effects outside the Member States that grant                              the derogation.

(5)The measures provided for in this Decision are in accordance with the opinion of the European Aviation Safety Agency Committee,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The United Kingdom may grant approvals derogating from Article 4(2) and (3) of Regulation (EU) No 1178/2011 and instead apply                     the rules laid down in section 1 of the Annex to this Decision, provided that conditions specified in section 2 of that Annex                     are complied with.                  

# Article 2U.K.

All Member States shall be entitled to apply the measure referred to in Article 1. The United Kingdom shall make the conversion                     report, referred to in Article 4(4) and (5) of Regulation (EU) No 1178/2011, available to the other Member States wishing                     to apply this measure, upon their request. Member States applying this measure shall notify the Commission, the Agency and                     the national aviation authorities thereof.                  

# Article 3U.K.

This Decision is addressed to the Member States.

Done at Brussels, 1 July 2014.

*For the Commission*                            

Siim Kallas                            

*Vice-President*                            

## ANNEXU.K.Derogation by the United Kingdom from Regulation (EU) No 1178/2011 with respect to the conversion of national sailplane qualifications.

### DESCRIPTION OF THE DEROGATIONU.K.

The United Kingdom may, by derogation from Article 4(2) and (3) of Regulation (EU) No 1178/2011, approve the conversion of                     national sailplane qualifications and of instructor and examiner qualifications issued by a national association or organisation                     into a Part-FCL LAPL(S) or SPL licence and associated ratings and certificates, subject to the conditions specified in the                     conversion report established for these purposes in accordance with Article 4(4) and (5) of that Regulation.                  

### CONDITIONS ATTACHED TO THE APPLICATION OF THE DEROGATIONU.K.

This derogation applies to holders of sailplane qualifications which have been issued by the British Gliding Association (BGA)                     before 8 April 2015 in accordance with national legislation. Although these qualifications are not considered to be licences                     within the meaning of Regulation (EU) No 1178/2011, they shall be treated as such and they shall be converted into Part-FCL                     licences and certificates in accordance with the conversion report referred to in section 1.                  

1

OJ L 79, 19.3.2008, p. 1.                           

2

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 (OJ L 311, 25.11.2011, p. 1).