(3)

Annex III (Part-ORO) is amended as follows: (a) point ORO.FC.145 is replaced by the following: “ORO.FC.145 Provision of training, checking and assessment (a) All training, checking and assessment required in this Subpart shall be conducted in accordance with the training programmes and syllabi established by the operator in the operations manual; (b) When establishing the training programmes and syllabi, the operator shall include the relevant elements defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012. (c) In the case of CAT operations, training and checking programmes, including syllabi and use of individual flight simulation training devices (FSTDs), shall be approved by the competent authority. (d) The FSTD shall replicate the aircraft used by the operator, as far as practicable. Differences between the FSTD and the aircraft shall be described and addressed through a briefing or training, as appropriate. (e) The operator shall establish a system to adequately monitor changes to the FSTD and to ensure that those changes do not affect the adequacy of the training programmes.”; (b) the following ORO.FC.146 is inserted: “ORO.FC.146 Personnel providing training, checking and assessment (a) All training, checking and assessment required in this Subpart shall be conducted by appropriately qualified personnel. (b) In the case of flight and flight simulation training and checking, the personnel that provides the training and conducts the checks shall be qualified in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011. (c) For an EBT programme, the personnel that performs assessment and provides training shall: (1) hold an Annex I (Part-FCL) instructor or examiner certificate; (2) complete the operator’s EBT instructor standardisation programme. This shall include an initial standardisation programme and a recurrent standardisation programme. Completion of the operator’s EBT initial standardisation will qualify the instructor to perform EBT practical assessment. (d) Notwithstanding point (b) above, the line evaluation of competence shall be conducted by a suitably qualified commander nominated by the operator that is standardised in EBT concepts and the assessment of competencies (line evaluator).”; (c) the following point ORO.FC.231 is inserted: “ORO.FC.231 Evidence-based training (a) EBT PROGRAMME (1) The operator may substitute the requirements of ORO.FC.230 by establishing, implementing and maintaining a suitable EBT programme approved by the competent authority. The operator shall demonstrate its capability to support the implementation of the EBT programme (including an implementation plan) and perform a safety risk assessment demonstrating how an equivalent level of safety is achieved. (2) The EBT programme shall: (i) correspond to the size of the operator, and the nature and complexity of its activities, taking into account the hazards and associated risks inherent in those activities; (ii) ensure pilot competence by assessing and developing pilot competencies required for a safe, effective and efficient operation of aircraft; (iii) ensure that each pilot is exposed to the assessment and training topics derived in accordance with ORO.FC.232; (iv) include at least six EBT modules distributed across a 3-year programme; each EBT module shall consist of an evaluation phase and a training phase. The validity period of a EBT module shall be 12 months; (A) The evaluation phase comprises a line-orientated flight scenario (or scenarios) to assess all competencies and identify individual training needs. (B) The training phase comprises: (a) the manoeuvres training phase, comprising training to proficiency in certain defined manoeuvres; (b) the scenario-based training phase, comprising a line-orientated flight scenario (or scenarios) to develop competencies and address individual training needs. The training phase shall be conducted in a timely manner after the evaluation phase. (3) The operator shall ensure that each pilot enrolled in the EBT programme completes: (i) a minimum of two EBT modules within the validity period of the type rating, separated by a period of not less than 3 months. The EBT module is completed when: (A) the content of the EBT programme is completed for that EBT module (exposure of the pilot to the assessment and training topics); and (B) an acceptable level of performance in all observed competencies has been demonstrated; (ii) line evaluation(s) of competence; and (iii) ground training. (4) The operator shall establish an EBT instructor standardisation and concordance assurance programme to ensure that the instructors involved in EBT are properly qualified to perform their tasks. (i) All instructors must be subject to this programme; (ii) The operator shall use appropriate methods and metrics to assess concordance; (iii) The operator shall demonstrate that the instructors have sufficient concordance. (5) The EBT programme may include contingency procedures for unforeseen circumstances that could affect the delivery of the EBT modules. The operator shall demonstrate the need for those procedures. The procedures shall ensure that a pilot does not continue line operations if the performance observed was below the minimum acceptable level. They may include: (i) a different separation period between EBT modules; and (ii) different order of the phases of the EBT module. (b) COMPETENCY FRAMEWORK The operator shall use a competency framework for all aspects of assessment and training within an EBT programme. The competency framework shall: (1) be comprehensive, accurate, and usable; (2) include observable behaviours required for safe, effective and efficient operations; (3) include a defined set of competencies, their descriptions and their associated observable behaviours. (c) TRAINING SYSTEM PERFORMANCE (1) The EBT system performance shall be measured and evaluated through a feedback process in order to: (i) validate and refine the operator’s EBT programme; (ii) ascertain that the operator’s EBT programme develops pilot competencies. (2) The feedback process shall be included in the operator’s management system. (3) The operator shall develop procedures governing the protection of EBT data. (d) GRADING SYSTEM (1) The operator shall use a grading system to assess the pilot competencies. The grading system shall ensure: (i) a sufficient level of detail to enable accurate and useful measurements of individual performance; (ii) a performance criterion and a scale for each competency, with a point on the scale which determines the minimum acceptable level to be achieved for the conduct of line operations. The operator shall develop procedures to address low performance of the pilot; (iii) data integrity; (iv) data security. (2) The operator shall verify at regular intervals the accuracy of the grading system against a criterion-referenced system. (e) SUITABLE TRAINING DEVICES AND VOLUME OF HOURS TO COMPLETE THE OPERATOR’S EBT PROGRAMME (1) Each EBT module shall be conducted in an FSTD with a qualification level adequate to ensure the correct delivery of the assessment and training topics. (2) The operator shall provide a sufficient volume of hours in the suitable training device for the pilot to complete the operator’s EBT programme. The criteria to determine the volume of the EBT programme are as follows: (i) The volume corresponds to the size and complexity of the EBT programme; (ii) The volume is sufficient to complete the EBT programme; (iii) The volume ensures an effective EBT programme taking into account the recommendations provided by ICAO, the Agency, and the competent authority; (iv) The volume corresponds to the technology of the training devices used. (f) EQUIVALENCY OF MALFUNCTIONS (1) Each pilot shall receive assessment and training in the management of aircraft system malfunctions. (2) Aircraft system malfunctions that place a significant demand on a proficient crew shall be organised by reference to the following characteristics: (i) immediacy; (ii) complexity; (iii) degradation of aircraft control; (iv) loss of instrumentation; (v) management of consequences. (3) Each pilot shall be exposed to at least one malfunction for each characteristic at the frequency determined by the table of assessment and training topics. (4) Demonstrated proficiency in the management of one malfunction is considered equivalent to demonstrated proficiency in the management of other malfunctions with the same characteristics. (g) EQUIVALENCY OF APPROACHES RELEVANT TO OPERATIONS (1) The operator shall ensure that each pilot receives regular training in the conduct of approach types and approach methods relevant to operations. (2) This training shall include approaches that place an additional demand on a proficient crew. (3) This training shall include the approaches that require specific approval in accordance with Annex V (Part- SPA) to this Regulation. (h) LINE EVALUATION OF COMPETENCE (1) Each pilot shall periodically undertake a line evaluation of competence in an aircraft to demonstrate the safe, effective and efficient conduct of normal line operations described in the operations manual. (2) The validity period of a line evaluation of competence shall be 12 months. (3) The operator approved for EBT may, with the approval of the competent authority, extend the validity of the line evaluation of competence to: (i) either 2 years, subject to a risk assessment; (ii) or 3 years, subject to a feedback process for the monitoring of line operations which identifies threats to the operations, minimises the risks of such threats, and implements measures to manage human error in the operations. (4) For successful completion of the line evaluation of competence, the pilot shall demonstrate an acceptable level of performance in all observed competencies. (i) GROUND TRAINING (1) Every 12 calendar months, each pilot shall undergo: (i) technical ground training; (ii) assessment and training on the location and use of all emergency and safety equipment carried on the aircraft. (2) The operator may, with the approval of the competent authority and subject to a risk assessment, extend the period of assessment and training on the location and use of all emergency and safety equipment carried on the aircraft to 24 months.”; (d) the following point ORO.FC.232 is inserted: “ORO.FC.232 EBT programme assessment and training topics (a) The operator shall ensure that each pilot is exposed to the assessment and training topics. (b) The assessment and training topics shall be: (1) derived from safety and operational data that are used to identify the areas for improvement and prioritisation of pilot training to guide in the construction of suitable EBT programmes; (2) distributed across a 3-year period at a defined frequency; (3) relevant to the type or variant of aircraft on which the pilot operates.”; (e) the following point ORO.FC.235 (a) is replaced by the following: “ORO.FC.235 Pilot qualification to operate in either pilot’s seat (a) Commanders whose duties require them to operate in either pilot seat and carry out the duties of a co-pilot, or commanders required to conduct training or checking duties, shall complete additional training and checking as specified in the operations manual. The check may be conducted together with the operator proficiency check prescribed in point ORO.FC.230(b) or in the EBT programme prescribed in point ORO.FC.231.”.