CELEX: 52019PC0121
Language: en
Date: 2019-03-07
Title: Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the Bilateral Oversight Board under the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety, concerning the addition of an Annex 3 to the Agreement

EUROPEAN COMMISSION
            Brussels, 7.3.2019
            COM(2019) 121 final
            2019/0066(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be taken by the European Union within the Bilateral Oversight Board under the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety, concerning the addition of an  Annex 3 to the Agreement
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               
                  In 2008, the European Union and the United States of America signed an agreement on cooperation in the regulation of civil aviation safety (hereinafter referred to as 'the Agreement'). The scope of the Agreement, which entered into force on 1 May 2011, was initially limited to airworthiness and environmental testing, approval and monitoring of aeronautical products as well as approval and monitoring of maintenance facilities. The scope of the Agreement was subsequently extended to personnel licensing and training, operation of aircraft, and air traffic services and air traffic management.  That extension was effectuated by an amendment signed on 13 December 2017 and is provisionally applied since that date.
               
               
                  Taking into account the extended scope of the Agreement, the Commission, assisted by the European Union Aviation Safety Agency (EASA) developed together with the U.S. Federal Aviation Administration (FAA) a new Annex 3 to the Agreement on pilot licensing (FCL Annex), the adoption of which is the objective of this proposal. 
               
               
                  The FCL Annex tackles the situation that a large number of private pilots, residing in the EU, actually hold a license issued by the FAA in accordance with U.S. laws, despite the general rule established by Regulation (EU) 2018/1139 of the European Parliament and of the Council and requiring pilots residing in EU Member States to hold a pilot licence issued in accordance with EU rules.
               
               
                  This situation has led to the need for the European Commission, through the EU aircrew Regulation (EC) No 1178/2011 of 3 November 2011, to granting derogations, permitting pilots residing in the EU and involved in private operations to continue using their FAA pilot certificates (so-called “FCL derogation”). That FCL derogation was supposed to be of a temporary nature, pending the development of a cost effective solution to this issue. 
               
               
                  The new FCL Annex is the outcome of a collaborative effort by the respective Parties' Technical Agents, namely EASA on the EU side and the FAA on the U.S. side, allowing efficient conversion of FAA private pilot certificates and ratings into equivalent EU Part-FCL private pilot licences and ratings and vice-versa. 
               
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               
                  The cooperation between the EU and the United States of America on aviation safety is part of the Aviation Strategy for Europe. The proposed new FCL Annex will provide the framework to ensure that EU residing pilots fly aircraft based on licences/ratings issued in accordance with EU regulations, that they are under the oversight of EU Member States’ authorities and that they maintain and develop their qualifications in EU training organisations.
               
               
                  Upon the adoption of the FCL Annex the continuation of the FCL derogation will no longer be necessary.
               
            
            
               •Consistency with other Union policies
            
            
               
                  The Agreement serves a fundamental objective of the external aviation policy of the Union by enhancing civil aviation safety and facilitate trade and investment in aeronautical products. The new FCL Annex is consistent with the overall aviation policy of the Union by facilitating appropriate cooperation with third countries and their aviation authorities, and by promoting the mutual acceptance of certificates and other relevant documents.
               
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               •Legal basis
            
            
               
                  Treaty on the Functioning of the European Union, in particular Article 100(2) in conjunction with Article 218(9) . 
               
            
            
               •Subsidiarity (for non-exclusive competence) 
            
            
               
                  Not applicable.
               
            
            
               •Proportionality
            
         
         
            
               
                  Not applicable.
               
            
            
               •Choice of the instrument
            
            
               
                  To add a new Annex to the Agreement between the Union and the United States of America is the most efficient instrument to achieve the goal of allowing efficient reciprocal conversion of private pilot licences and ratings.
               
            
            
               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
            
               •Ex-post evaluations/fitness checks of existing legislation
            
            
               
                  Not applicable.
               
            
            
               •Stakeholder consultations
            
            
               
                  EU Member States national aviation authorities were consulted by EASA in 2013 and 2014 on the text of the drat FCL Annex and its implementing procedures. Comments received were taken into account in the discussions with the FAA, which led to the finalisation of the Annex.  
               
               
                  The Commission also informed EU Member States about developing this Annex in the Committee established under Regulation (EU) 2018/1139 of the European Parliament and of the Council, as well as in the Council’s Aviation Working Party (a) though reports on the discussions that took place on the new Annex in the Bilateral Oversight Board and (b) in the context of the preparations for the Council Decision (EU) 2018/61 to enlarge the scope of the Agreement, including, among others, personnel licensing and training.
               
            
            
               •Collection and use of expertise
            
            
               
                  When developing the new FCL Annex the European Commission was assisted by EASA. EASA and FAA conducted a regulatory comparison between the EU and U.S. requirements for private pilot licensing. That comparison was finalised in 2014 and allowed to identify also the regulatory differences between the EU and U.S. systems, which are addressed by so called ‘special conditions’ which are laid down in the proposed FCL Annex.
               
            
            
               EASA also performed an assessment of the FAA in order to establish confidence in the U.S. system for pilot licensing. That assessment included an EASA visit to FAA Headquarters in Washington and Washington Flight Standards District Office as well as two FAA certified flight training schools (February 2013). EASA also visited the following FAA services, as part of the visit to Mike Monroney Aeronautical Center in Oklahoma City: Airman Testing Standards Branch, Airmen Certification Branch and FAA Academy Regulatory Standards Division (April 2013). The scope of the assessment was limited to private pilot licensing and associated instrument ratings, which corresponds to the scope of the proposed FCL Annex.
            
            
               •Impact assessment
            
            
               
                  Not applicable
               
            
            
               •Regulatory fitness and simplification
            
            
               
                  Not applicable
               
            
            
               •Fundamental rights
            
            
               
                  Not applicable
               
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               
                  No impact on the EU budget
               
            
         
         
            
               5.OTHER ELEMENTS
            
            
               •Implementation plans and monitoring, evaluation and reporting arrangements
            
            
               
                  On the EU side, EASA will coordinate the implementation of the new FCL Annex. The detailed procedures concerning the implementation will be defined in the Implementing Procedures for Licensing (IPL), which are currently being finalised by the Technical Agents EASA and FAA (in time for the adoption of the new FCL annex). 
               
               
                  The monitoring of the implementation of the FCL Annex will be performed in the first place by the Joint Aircrew Coordination Board (JCAB), which will be accountable to the BOB established under the Agreement. The JCAB will report to the BOB on a regular basis.
               
            
            
               •Explanatory documents (for directives)
            
            
               
                  Not applicable
               
            
            
               •Detailed explanation of the specific provisions of the proposal
            
            
               
                  Section 1 ‘Purpose and scope’
               
            
            
               That section of the FCL Annex explains its scope and purpose, which is reciprocal acceptance of findings of compliance and documentation, and the provision of technical assistance regarding private pilot licensing and compliance monitoring.
            
            
               The scope of the Annex covers private pilot EU Part-FCL licenses and FAA private pilot certificates, and private pilot privileges included in other EU Part-FCL licenses and FAA pilot certificates, as well as night and instrument ratings, in single engine piston land airplane and multi-engine piston land airplane categories in single-pilot operations, excluding any type ratings.
            
            
               Section 2 ‘Definitions’
            
            
               
                  That section of the FCL Annex defines some of the frequently used technical terms.
               
               
                  
                     Section 3 ‘Joint Aircrew Coordination Board’
               
               
                  That section establishes the Joint Aircrew Coordination Board (JCAB), which will be accountable to the BOB and will be responsible for ensuring the effective implementation of the FCL Annex. The JCAB is co-chaired by the EASA and FAA Directors of Flight Standards. The main responsibilities of the JCAB include:
               
            
            
               (a)Developing, approving, and revising the Implementing Procedures for Licensing (IPL);
            
            
               (b)Sharing information on relevant safety issues and developing action plans to address them;
            
            
               (c)Ensuring the consistent application of the Annex;
            
            
               (d)Exchanging information on planned and ongoing rulemaking activities that could affect the basis and scope of the Annex;
            
            
               (e)Sharing information on significant changes to the Parties’ pilot licensing systems that could affect the basis and scope of the Annex;
            
            
               (f)Resolving technical issues falling within the responsibilities of the Technical Agents and Aviation Authorities that cannot be solved at their level; and
            
         
         
            
               (g)Proposing to the BOB amendments to this Annex;
            
            
               
                  
                     Section 4 ‘Implementation’
               
               
                  This section contains detailed conditions for conversion of FAA pilot certificates and ratings into EU Part FCL licenses and ratings as well as conditions for the conversion of EU Part FCL licenses and ratings into FAA pilot certificates and ratings.
               
               
                  That section also contains provisions concerning technical assistance in pilot licensing activities, verification or confirmation of authenticity of the original EU Part-FCL license or FAA pilot certificate, and exchange of information concerning revisions to laws, regulations, procedures, policy, or standards, that may affect the basis upon which the Annex is executed. 
               
               
                  Section 5 ‘Communication and cooperation’
               
               
                  This section contains provisions on communication and exchange of information between the FAA, EASA and where applicable the aviation authorities of Member States. This includes provisions for the designation of contact points for the various technical aspects of the FCL Annex. 
               
               
                  Section 6 ‘Qualification requirements for the acceptance of findings of compliance’
               
               
                  This section contains the basic requirements for the authorities concerning effectiveness of their respective systems for the regulatory oversight of pilots, including legal and regulatory structure, resources, training programmes, documentation and records, as well as internal policies, procedures and quality systems. 
               
               
                  Furthermore, this section contains provisions concerning the initial and continued demonstration of the effectiveness of those systems, including provisions concerning participation of the Parties in each other's quality audits and standardization activities, exchange of quality and standardisation reports and other relevant information which may be necessary to maintain the continued confidence of the Parties in each other's systems.  
               
               
                  Section 7 ‘Fees’
               
               
                  If applicable, fees for the conversion of pilot licenses and ratings will be applied in accordance with Article 14 of the Agreement and in accordance with the applicable statutory and regulatory requirements.
               
               
                  Appendix 1 ‘Special Conditions’
               
               
                  This Appendix contains the EU special conditions applicable to the issuance of an EU Part-FCL license or rating, based on an FAA pilot certificate or rating, as well as the FAA special conditions applicable to the issuance of an FAA pilot certificate or rating based on an EU Part-FCL license or rating. 
               
               
                  These special conditions are the additional regulatory requirements, which will need to be checked during the conversion process to account for the differences between the EU and US regulatory systems for private pilot licensing.
               
            
            
               2019/0066 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be taken by the European Union within the Bilateral Oversight Board under the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety, concerning the addition of an  Annex 3 to the Agreement
               
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100 (2) in conjunction with Article 218 (9) thereof,  
            
         
         
            
                
            
            
               Having regard to the proposal from the European Commission,
            
            
            
               Whereas:
            
            
               (1)The Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety ('the Agreement') entered into force on 1 May 2011
                  1
               .
            
            
               (2)One of the main aims of the Agreement is to improve the long-standing cooperative relationship between Europe and the United States to ensure a high level of civil aviation safety worldwide and to minimize economic burdens on the aviation industry and operators from redundant regulatory oversight.
            
            
               (3)Amendment 1
                  2
                of the Agreement expands the scope of Article 2.B of the Agreement to include, inter alia, personnel licensing and training.
            
            
               (4)Article 5 of the Agreement, as amended, provides for the development of new Annexes to the Agreement for matters within the scope of the Agreement.
            
            
               (5)Both Technical Agents, i.e. the European Aviation Safety Agency  for the EU and the Federal Aviation Administration for the U.S., have made the proposal to the Bilateral Oversight Board that it adopts a Decision to enact a new Annex 3 to the Agreement to cover the reciprocal acceptance of findings of compliance and documentation, and the provision of technical assistance regarding private pilot licensing and compliance monitoring.
            
            
               (6)Allowing the simplified conversion of private pilot licenses and certain pilot ratings will provide the framework to ensure that pilots residing  in the European Union fly aircraft based on licences/ratings issued in accordance with EU regulations under the oversight of EU Member States’ authorities and that they maintain and develop their qualifications in EU training organisations. In addition, it will bring significant practical benefits to a large number of pilots, residing in the Union and the U.S., without compromising safety.
            
            
               (7)Article 19.C of the Agreement provides for individual Annexes to enter into force upon a decision of the Bilateral Oversight Board established pursuant to Article 3 of the Agreement.
            
            
               (8)The new Annex 3 on Pilot Licensing should be approved on behalf of the European Union.
            
            
               (9)Article 4 (3) of Council Decision 2011/719/EU of 7 March 2011 concerning the conclusion of the Agreement between the United States of America and the European Community  on cooperation in the regulation of civil aviation safety provides, in accordance with Article 218 (9) of the Treaty on the Functioning of the European Union, that the Council, acting by a qualified majority, on a proposal from the Commission, shall establish the position to be taken by the Union in the Bilateral Oversight Board with respect to the adoption of additional Annexes in accordance with Article 3.C.7 and Article 19.C of the Agreement.  
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               The position to be taken by the European Union within the Bilateral Oversight Board, under Articles 3 and 19 of the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety, with regard to the adoption of a Bilateral Oversight Board Decision adopting Annex 3 of the Agreement, shall be based on  draft Decision 0010 of the Bilateral Oversight Board, attached to this Decision.
            
            
               Article 2
            
            
               The Director responsible for Aviation in the Directorate General for Mobility and Transport, as co-Chair and the Union's representative on the Bilateral Oversight Board, is hereby empowered to sign Decision 0010 of the Bilateral Oversight Board.
            
            
               Article 3
            
            
               After its adoption, the Decision of the Bilateral Oversight Board shall be published in the Official Journal of the European Union.
            
         
         
            
            
               Article 4
            
            
               This Decision is addressed to the Commission.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 291, 09/11/2011, p. 3-44
               
               
                  
                     (2)
                  
                        OJ L 11, 16/01/2018, p. 3-5
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 7.3.2019
            COM(2019) 121 final
            ANNEX
            to the 
            COUNCIL DECISION
            
               on the position to be taken by the European Union within the Bilateral Oversight Board under the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety, concerning adding Annex 3 to the Agreement
            
               
         
         
            
               BILATERAL OVERSIGHT BOARD
            
            
               FOR THE AGREEMENT
            
            
               BETWEEN
            
            
               THE UNITED STATES OF AMERICA
            
            
               AND THE EUROPEAN UNION
            
            
               ON COOPERATION IN THE REGULATION OF CIVIL AVIATION SAFETY
            
            
            
               RECORD OF DECISION
            
            
               DECISION N˚ 0010
            
            
            
               Noting that Amendment 1 of the Agreement between the United States of America and the European Community on Cooperation in the Regulation of Civil Aviation Safety (the “Agreement”) expands the scope of Article 2.B of the Agreement to include, inter alia, personnel licensing and training;
            
            
               Further noting that Article 5 of the Agreement, as amended, provides for the development of new Annexes to the Agreement for matters within the scope of the Agreement, which are then, pursuant to Article 19.C, brought into force upon a decision of the Bilateral Oversight Board (“BOB”) established pursuant to Article 3;  
            
            
               The BOB hereby decides as follows: 
            
            
               1.To adopt Annex 3 (Pilot Licensing) to the Agreement as attached to this Decision.
            
            
            
               2.Annex 3 (Pilot Licensing) to the Agreement shall enter into force on the date of the last signature below.
            
            
            
               For the Bilateral Oversight Board:
            
            
         
         
            
                     
                        FEDERAL AVIATION ADMINISTRATION
                     
                     
                        DEPARTMENT OF TRANSPORTATION
                     
                     
                        UNITED STATES OF AMERICA
                     
                  
                  
                     
                  
                  
                     
                        EUROPEAN COMMISSION
                     
                     
                        EUROPEAN UNION
                     
                  
               
                     
                     
                        BY:
                     
                  
                  
                     
                     
                  
                  
                     
                  
                  
                     
                     
                        BY:
                     
                  
                  
                     
                  
               
                     
                     
                        TITLE:
                     
                  
                  
                     
                     
                        Associate Administrator for Aviation Safety
                     
                  
                  
                     
                  
                  
                     
                     
                        TITLE:
                     
                  
                  
                     
                     
                        Director, Aviation 
                     
                     
                        Directorate-General for Mobility and Transport, European Commission
                     
                  
               
                     
                        DATE:
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                        DATE:
                     
                  
                  
                     
                  
               
                     
                        PLACE:
                     
                  
                  
                     
                        Washington, DC
                     
                  
                  
                     
                  
                  
                     
                        PLACE:
                     
                  
                  
                     
                        Brussels, Belgium
                     
                  
               
            
         
         
      
    ---documentbreak--- NA ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 7.3.2019
            COM(2019) 121 final
            ANNEX
            to the 
            COUNCIL DECISION
            on the position to be taken by the European Union within the Bilateral Oversight Board under the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety, concerning adding Annex 3 to the Agreement
            
               
         
         
            
               ANNEX 3
            
            
            
               PILOT LICENSING
            
            
            
               1.PURPOSE & SCOPE
            
            
            
               1.1.The Parties have assessed each other's standards, rules, practices, and procedures related to private pilot licensing, including night and instrument ratings for the single-engine piston (SEP) land airplane and multi-engine piston (MEP) land airplane categories, but excluding the type ratings, and concluded that they are sufficiently compatible to permit acceptance of each other’s approvals and findings. This Annex covers the reciprocal acceptance of findings of compliance and documentation, and the provision of technical assistance regarding private pilot licensing and compliance monitoring. Nothing in this Annex shall be construed to limit the authority of a Party to act in accordance with Article 15 of the Agreement.
            
            
            
               1.2.The scope of this Annex covers private pilot EU Part-FCL licenses and FAA private pilot certificates, and private pilot privileges included in other EU Part-FCL licenses and FAA pilot certificates, as well as night and instrument ratings, as specified in Appendix 1 to this Annex, in SEP land airplane and MEP land airplane categories in single-pilot operations, excluding any type ratings. EU Part-FCL commercial pilot licenses for airplanes (CPL (A)) and airline transport pilot licenses for airplanes (ATPL (A)) contain private pilot privileges. The multi crew pilot license (MPL) only contains private pilot privileges if specifically endorsed in the license. Similarly, FAA commercial pilot and air transport pilot certificates contain private pilot privileges. These licenses and pilot certificates are eligible for conversion under the terms of this Annex if the privileges are applicable.  
            
            
            
               1.3.The scope of this Annex may be extended to other EU Part-FCL licenses and FAA pilot certificates, ratings and aircraft categories through an amendment to this Annex pursuant to a decision of the Bilateral Oversight Board (BOB) taken in accordance with Article 19.B of the Agreement.
            
            
            
               1.4.The extension of the scope of this Annex shall take place following the necessary confidence building process conducted by the Technical Agents.
            
            
            
               1.5.This Annex does not apply to any pilot license or pilot certificate issued by another Contracting State to the Convention on International Civil Aviation of 1944 (Chicago Convention) that has been rendered valid by the FAA or by an Aviation Authority, as detailed in the Technical Implementation Procedures - Licensing (TIP-L).
            
            
            
               1.6.This Annex does not limit the right of a holder of an FAA pilot certificate or an EU Part-FCL license issued by an Aviation Authority, to have the pilot certificate or license rendered valid by the other Party in accordance with applicable laws and regulations.
            
            
                
            
            
               2.DEFINITIONS
            
         
         
            
            
               2.1.In addition to those definitions found in the Agreement, for the purposes of this Annex, the following definitions apply:
            
            
            
               (a)  
                     “Class rating” means:
            
            
               (I)with respect to an EU Part-FCL license, a valid rating attached to a pilot license. The privileges of the holder of a SEP and  MEP class rating are to act as pilot on the class of aircraft specified in the rating as outlined in the ‘List of Aeroplanes – Class and Type Ratings and Endorsement List’ published on the European Aviation Safety Agency (EASA) website. 
            
            
            
               (II)with respect to an FAA pilot certificate, a classification of aircraft within a category having similar operating characteristics as outlined in Title 14, Code of Federal Regulations (14 CFR) § 61.5 (e.g., single engine land and multi-engine land). 
            
            
            
               (b)“Conversion” means the issuance of an EU Part-FCL license on the basis of an FAA pilot certificate or the issuance of an FAA pilot certificate on the basis of an EU Part-FCL license, in accordance with the provisions of this Annex.
            
            
            
               (c)“Currency” means the acceptance of the privileges of a class or type rating on an FAA pilot certificate, based on the recent experience of the certificate holder. (14 CFR Part 61 and Regulation No 1178/2011 Annex III par. C). 
            
            
            
               (d) “EU Part-FCL license” means a valid flight crew license that complies with the requirements of Part-FCL.
            
            
            
               (e)“FAA pilot certificate” means a valid Federal Aviation Administration pilot certificate that complies with the appropriate requirements prescribed in 14 CFR Part 61.
            
            
            
               (f)“Flight review” means an assessment of flying skills taken with a certified flight instructor holding appropriate FAA examining authority. 
            
            
            
               (g)“Instrument rating” means:
            
            
               (I)with respect to an EU Part-FCL instrument rating, a valid rating on an EU Part-FCL licence allowing for operation under Instrument Flight Rules (IFR) or in weather conditions less than the minimums prescribed for Visual Flight Rules (VFR) that is restricted to single-engine or multi-engine operation, or in the case of a multi crew pilot license (MPL) additionally restricted to multi-crew operation.
            
         
         
            
            
               (II)with respect to an FAA instrument rating, means a valid rating on an FAA pilot certificate subject to currency and class of aircraft requirements, allowing for operation under IFR or in weather conditions less than the minimums prescribed for VFR. 
            
            
            
               (h)“Night rating” means a rating attached to an EU Part-FCL license with which the privileges of the private pilot license for airplanes are to be exercised in VFR conditions at night. The night rating is issued without an expiration date.
            
            
            
               (i)“Skill test” means a demonstration of skill for a license or rating issue, including such oral examination as may be required in accordance with Annex I to Commission Regulation (EU) No 1178/2011, (Part-FCL).
            
            
            
               (j)“Special Conditions” means those requirements that have been found, based on a comparison of the respective regulatory licensing systems, not to be common to both systems and that are significant enough to be addressed in this Annex. The list of Special Conditions is contained in Appendix 1 to this Annex.
            
            
            
               (k)“Type rating” means:
            
            
               (I) with respect to an EU Part-FCL license, a rating attached to a pilot license. The privileges of the holder of a type rating are to act as pilot on the type of aircraft specified in the rating as outlined in the EASA type rating and license endorsement list flight crew-all aircraft excluding helicopters.
            
            
            
               (II)with respect to an FAA pilot certificate, the rating on an FAA pilot certificate for any large aircraft (except lighter than air), turbojet powered airplane, or other aircraft specified by the FAA Administrator through type certification procedures for which a pilot must meet specific aeronautical knowledge and experience and testing requirements in order to act as pilot in command of the aircraft. 
            
            
            
               (l)Valid” means:
            
            
            
               (I)With respect to an FAA pilot certificate or EU Part-FCL license, that such certificate or license is not surrendered, suspended, revoked, or expired.
            
            
               (II)With respect to an EU Part-FCL rating, the rating’s validity period has not expired.  The validity date of a rating is stated on the pilot license.
            
            
            
         
         
            
               3.JOINT AIRCREW COORDINATION BOARD
            
            
            
               3.1.Composition
            
            
            
               3.1.1.A Joint Aircrew Coordination Board (JACB), accountable to the BOB, is hereby established under the joint leadership of the EASA and the FAA Executive Directors responsible for Flight Standards.  The JACB shall include, from each Technical Agent, representatives responsible for pilot licensing and quality management systems/management systems, as appropriate.
            
            
            
               3.1.2.The joint leadership may invite additional participants to the JACB to facilitate the fulfilment of the objectives of this Annex. 
            
            
            
               3.2.Mandate
            
            
               3.2.1.
            
            
               3.2.1.The JACB shall meet at least once a year to ensure the effective functioning and implementation of this Annex. Its functions shall include:
            
            
            
               (a)Developing, approving, and revising the TIP-L, including cooperation, assistance, exchange of information, and continued confidence activities to be used for processes covered by this Annex;
            
            
            
               (b)Sharing information on relevant safety issues and developing action plans to address them;
            
            
            
               (c)Ensuring the consistent application of this Annex;
            
            
            
               (d)Exchanging information on planned and ongoing rulemaking activities that could affect the basis and scope of this Annex.
            
            
         
         
            
               (e)Sharing information on significant changes to the Parties’ pilot licensing systems that could affect the basis and scope of the Annex.
            
            
            
               (f)Resolving technical issues falling within the responsibilities of the Technical Agents and Aviation Authorities that cannot be solved at their level; and
            
            
            
               (g)Proposing to the BOB amendments to this Annex.
            
            
            
               3.2.2.The JACB shall report unresolved issues to the BOB and ensure the implementation of decisions reached by the BOB regarding this Annex.
            
            
            
               4.IMPLEMENTATION
            
            
            
            
            
               4.1.
                     The Parties agree that a person holding an EU Part-FCL license for airplanes, including a class rating, with or without night rating, or an instrument rating for airplanes, and who has demonstrated compliance with the applicable FAA Special Conditions set forth in Appendix 1, shall be considered to meet the requirements for obtaining an FAA pilot certificate, class rating(s), or an instrument rating in the airplane category.
            
            
            
               4.2.The Parties agree that a person holding a FAA pilot certificate for airplanes, or an instrument rating for airplanes, and who has demonstrated compliance with the applicable EU Special Conditions set forth in Appendix 1, and has provided evidence of currency in accordance with applicable provisions of the TIP-L, shall be considered to meet the requirements for obtaining an EU Part-FCL license, a class rating(s), with or without a night rating, or an instrument rating in the airplane category.
            
            
            
               4.3.EU Part-FCL licenses or FAA pilot certificates that have been surrendered, suspended, or revoked shall not be reinstated through the terms of this Annex. 
            
            
            
               4.4.The scope of the ratings and limitations of an FAA pilot certificate or an EU Part-FCL license issued in accordance with this Annex is further specified in the TIP-L.
            
            
         
         
            
               4.5.Once an EU Part-FCL license or an FAA pilot certificate has been issued in accordance with this Annex, the holder must, to exercise the privileges of this license or pilot certificate, meet the revalidation or renewal requirements, as applicable, of the EU Part-FCL or FAA requirements. 
            
            
            
               4.6.The FAA, upon issuing an FAA pilot certificate based on an EU Part-FCL license in accordance with this Annex, shall not require the surrender of that EU Part-FCL license. An Aviation Authority, upon issuing an EU Part-FCL license based on an FAA pilot certificate in accordance with this Annex, shall not require the surrender of that FAA pilot certificate.
            
            
            
               4.7.The Technical Agents, and where applicable the Aviation Authorities, shall:
            
            
            
               4.7.1.Upon request from the FAA or Aviation Authority that issues an EU Part-FCL license or an FAA pilot certificate in accordance with this Annex, provide each other with the verification or confirmation of authenticity of the original EU Part-FCL license, FAA pilot certificate, or rating; and
            
            
            
               4.7.2.Provide in a form, manner, and schedule established by the JACB, statistical data regarding the EU Part-FCL licenses, FAA pilot certificates, and ratings that have been issued in accordance with this Annex.
            
            
            
               4.8.Each Party's Technical Agent, or where applicable an Aviation Authority, shall provide as necessary upon request and after mutual agreement, technical assistance in pilot licensing activities to the other Party's Technical Agent, or where applicable to an Aviation Authority, to advance the purpose of this Annex. The Technical Agents or an Aviation Authority may decline to provide such technical assistance due to lack of resource availability.
            
            
            
               4.9.Revisions by either Party to its civil aviation organization, laws, regulations, procedures, policy, or standards, including those of the Technical Agents and Aviation Authorities, may affect the basis upon which this Annex is executed. Therefore, the Parties, through the Technical Agents and Aviation Authorities, as appropriate, shall advise one another of plans for such changes at the earliest possible opportunity, and discuss the extent to which such planned changes affect the basis of this Annex. If consultations pursuant to Article 15.C of the Agreement result in an agreement to amend this Annex, the Parties shall seek to ensure that such an amendment enters into force at the same time as, or as soon as possible thereafter, the entry into force or implementation of the change that prompted such amendment. 
            
            
            
               5.COMMUNICATION AND COOPERATION
            
            
            
               5.1.The Technical Agents, through the JACB, shall maintain and exchange a list of contact points for the various technical aspects of this Annex. 
            
            
            
               5.2.All communications between the Technical Agents, including technical documentation provided for review or approval as detailed in this Annex, shall be in the English language.
            
            
         
         
            
               5.3.The format for all dates used in communications shall be DD MMM YYYY, e.g., “05 MAY 2014”.
            
            
            
               5.4.When urgent or unusual situations develop, the Technical Agents’, and where applicable, the Aviation Authorities’ points of contact, as identified in the TIP-L, shall communicate and ensure that the appropriate immediate actions are taken.
            
            
            
               6.QUALIFICATION REQUIREMENTS FOR THE ACCEPTANCE OF FINDINGS OF COMPLIANCE
            
            
            
               6.1.
            
            
            
               6.1.
                     Basic Requirements
            
            
            
               6.1.1.Each Technical Agent and any Aviation Authority, as applicable, shall demonstrate to the other Technical Agent the effectiveness of their respective systems for the regulatory oversight of pilots. They shall demonstrate, in particular, effective and adequate: 
            
            
            
               (a)Legal and regulatory structure;
            
            
            
               (b)Organizational structure;
            
            
            
               (c)Resources, including sufficient qualified staff;
            
            
            
               (d)Training program for their technical staff;
            
            
         
         
            
               (e)Internal policies, processes, and procedures including a quality system;
            
            
            
               (f)Documentation and records;
            
            
            
               (g)Oversight program; and
            
            
            
               (h)Authority over regulated EU Part-FCL license or FAA pilot certificate holders.
            
            
            
               6.2.Initial Confidence
            
            
            
               Each Technical Agent has demonstrated to the other Technical Agent the effectiveness of its respective system for the regulatory oversight of activities covered under this Annex through initial confidence building activities.  The Technical Agents have also demonstrated to each other the effectiveness of their quality audits and standardization activities, including audits of Aviation Authorities, as referred to in paragraph 6.3.1. 
            
            
            
               6.3.
                     Continued Confidence
            
            
            
               6.3.1.
                     The Technical Agents and Aviation Authorities shall continue to demonstrate to each other effective oversight as detailed in paragraph 6.1.1 of this Annex according to the relevant provisions of the TIP-L developed by the JACB.
            
            
            
               (a)
                     In particular, Technical Agents shall:
            
            
            
               (i)
                     Have the right to participate, as an observer, in each other’s quality audits and standardization inspections;
            
            
         
         
            
               (ii)
                     Make available to the other Technical Agent the reports from quality audits and standardization inspections applicable to this Annex, as specified in the TIP-L; and 
            
            
            
               (iii)
                     Assist each other in the resolution of audit and inspection findings impacting the implementation of this Annex, where relevant.
            
            
            
               (b)In particular, the FAA and the Aviation Authorities shall:
            
            
            
               (i)Allow quality audits and standardization inspections as detailed in paragraph 6.3.1 (a) (i) above;
            
            
            
               (II)Share relevant safety information and known limitations that may affect an Aviation Authority’s or Technical Agent’s capability to fully meet applicable international safety standards or any safety requirements established under the Agreement;
            
            
            
               (iii)
                     Subject to applicable laws and regulations on personal data protection, make available the relevant pilot licensing records and inspection reports including completed enforcement actions; and
            
            
            
               (iv)
                     Provide language interpretation assistance at the Aviation Authority’s office during the review of records and documentation that are recorded in its national language, where necessary.
            
            
            
               (c)
                     The Technical Agents shall notify each other at the earliest opportunity in the event that a Technical Agent or an Aviation Authority is not able to meet a requirement in paragraph 6.3. If either Technical Agent believes that technical competency is no longer adequate, the Technical Agents shall consult each other and propose an action plan, including any necessary corrective activities, in order to address deficiencies.
            
            
            
               (d)
                     In the event that a Technical Agent or an Aviation Authority does not correct deficiencies within the timeframe specified in the action plan, either Technical Agent may refer the matter to the JACB.
            
            
            
               (e)
                     When a Party intends to suspend acceptance of findings or approvals made by a Technical Agent or an Aviation Authority, the Party shall promptly notify the other Party in accordance with Article 18.A of the Agreement.
            
            
         
         
            
               7.
                     FEES
            
            
            
               Fees applied shall comply with Article 14 of the Agreement and with applicable statutory and regulatory requirements.
            
            
               
            
            
               Appendix 1
            
            
            
               Special Conditions
            
            
            
               1.GENERAL CONDITIONS
            
            
            
               1.1.The applicant shall submit an application for conversion of an EU Part-FCL license or an FAA pilot certificate according to this Annex in a standardized form and manner as specified in the TIP-L.
            
            
            
               1.2.An applicant who holds an EU Part-FCL license or an FAA pilot certificate that carries a restriction or limitation may be denied application if a similar restriction or limitation is not available in the other system. 
            
            
            
               2.EU SPECIAL CONDITIONS
            
            
            
               To be approved in accordance with Part-FCL, pursuant to the terms of this Annex, the applicant shall comply with all of the following EU Special Conditions.
            
            
            
               2.1.EU Special Conditions Applicable to the Issuance of an EU Part-FCL License for Airplanes (PPL(A)) and Associated Class and Night Ratings, as Applicable, on the Basis of an FAA Pilot Certificate
            
         
         
            
            
               2.1.1.The applicant shall demonstrate or provide evidence that he/she has acquired language proficiency in accordance with FCL.055 of Part-FCL unless he/she holds an “English Proficient” endorsement on the FAA pilot certificate. The “English Proficient” endorsement shall be deemed to be equal to English language proficiency Level 4, as detailed in the TIP-L.
            
            
            
               2.1.2.The applicant shall meet the EU medical requirements as stipulated in Commission Regulation (EU) No 1178/2011 applicable to the PPL (A).
            
            
            
               2.1.3.The applicant shall complete a skill test, as detailed in the TIP-L, with an examiner qualified according to Part-FCL.
            
            
            
               2.1.4.The applicant shall demonstrate to the examiner before the skill test that he/she has acquired an adequate level of the required theoretical knowledge, as detailed in the TIP-L, within the 24-calendar-month period preceding the month of application.
            
            
            
               2.1.5.The applicant applying for a Part-FCL night rating shall provide evidence that he/she has fulfilled the night flying requirements set out in FCL.810 of Part-FCL. Night flying training experience may be credited, as detailed in the TIP-L.
            
            
            
               2.1.6.The applicant applying for a single-pilot MEP class rating shall provide evidence that the requirements for the issuance of a MEP land class rating as stated in Part FCL Subpart H are fulfilled. In this case the skill test specified under paragraph 2.1.3 above shall be completed in a MEP land airplane. An applicant who has prior training and flight experience on MEP airplanes may be credited towards the requirements of Part-FCL Subpart H, as detailed in the TIP-L.
            
            
            
               2.1.7.An Aviation Authority, upon converting an FAA pilot certificate in accordance with this Annex, shall enter the following statement in item VIII (or XIII) of the EU Part-FCL license: “PPL(A) issued on the basis of the EU-US Agreement”.
            
            
            
               2.2.EU Special Conditions Applicable to the Issuance of an EU PART-FCL Instrument Rating for Airplanes (IR(A)) on the Basis of an FAA Instrument Rating
            
            
            
               2.2.1The applicant shall demonstrate or provide evidence that he/she has acquired language proficiency in accordance with FCL.055 of Part-FCL unless he/she has an “English Proficient” endorsement on the FAA pilot certificate. The “English Proficient” endorsement shall be deemed to be equal to English language proficiency Level 4, as detailed in the    TIP-L.
            
            
            
               2.2.2The applicant shall meet the EU medical requirements as stipulated in Commission Regulation (EU) No 1178/2011 applicable to the IR(A).
            
         
         
            
            
               2.2.3The applicant shall complete an IR(A) skill test, as detailed in the TIP-L, with an examiner qualified according to Part-FCL.
            
            
            
               2.2.4With regard to the demonstration of theoretical knowledge and as detailed in the TIP-L, if the applicant has a minimum experience of at least 50 hours of flight time under Instrument Flight Rules (IFR) as pilot in command on airplanes, he/she shall demonstrate to the examiner before the IR(A) skill test that he/she has acquired an adequate level of the required theoretical knowledge. In other cases, the applicant shall pass a written examination within the 24-calendar-month period preceding the month of application.
            
            
            
               2.2.5An applicant applying for an instrument rating for single-pilot MEP land airplanes shall provide evidence that the requirements for the issuance of an instrument rating for MEP land airplanes as stated in Part-FCL Subpart G are fulfilled. In this case the IR(A) skill test specified under paragraph 2.2.3 above shall be completed in a MEP land airplane. An applicant who has prior instrument training and flight experience on multi-engine airplanes may be credited towards the requirements of Part-FCL Subpart G, as detailed in the TIP-L.
            
            
            
               2.2.6As detailed in the TIP-L, an applicant applying for an instrument rating shall have completed acclimatization flying in an EU Member State, within a training organization approved in accordance with Commission Regulation (EU) No 1178/2011, before the IR(A) skill test is administered. The applicant is exempt from this requirement if he/she has prior experience of at least 50 hours of flight time under IFR as pilot in command on airplanes or prior experience of at least 10 hours of flight time under IFR as pilot in command on airplanes in any of the EU Member States or any European State that participates in EASA in accordance with Article 129 of Regulation (EU)  No 2018/1139 of the European Parliament and of the Council (OJ L212/1, 26.8.2018, p. 1-122).
            
            
            
               2.2.7An applicant who has obtained an EU Part-FCL instrument rating on the basis of this Annex shall be required to undergo the entire set of theoretical knowledge examinations according to FCL.025 and FCL.615 IR of Part-FCL prior to exercising his/her instrument rating privileges with an EU Part-FCL CPL, MPL or ATPL.
            
            
            
               2.2.8An applicant who has obtained an EU Part-FCL instrument rating on the basis of this Annex shall be required to undergo the entire set of theoretical knowledge examinations according to FCL.025 of Part-FCL before being given the full credit for the IR(A) in the different category of aircraft according FCL.035 of Part-FCL.
            
            
            
               2.2.9An Aviation Authority, upon converting an FAA pilot certificate in accordance with this Annex, shall enter the following statement in item VIII (or XIII) of the EU Part-FCL license: “PPL(A) / IR(A) issued on the basis of the EU-US Agreement”.
            
            
            
               3.FAA SPECIAL CONDITIONS
            
            
            
               To be approved in accordance with 14 CFR Part 61, pursuant to the terms of this Annex, the applicant shall comply with all of the following FAA Special Conditions:
            
            
            
               3.1.FAA Special Conditions Applicable to the Issuance of an FAA Pilot Certificate, Airplane Category Single-Engine Land Class Rating and Airplane Category Multi-Engine Land Class Rating on the Basis of an EU Part-FCL License.
            
         
         
            
            
               3.1.1.The applicant shall be able to read, speak, write and understand the English language. A Part-FCL English language proficiency endorsement of Level 4 or higher shall be accepted as English proficient.
            
            
            
               3.1.2.The applicant shall meet the FAA medical certificate requirements to exercise the privileges of an FAA pilot certificate, as prescribed in 14 CFR Part 61.
            
            
            
               3.1.3.The applicant shall have passed the required knowledge test, as detailed in the TIP-L, within the 24-calendar-months period preceding the month of application.
            
            
            
               3.1.4.The applicant shall complete a flight review with an FAA certified flight instructor who holds appropriate FAA examining authority, as detailed in the TIP-L.
            
            
            
               3.1.5.An applicant applying for a multi-engine land rating shall provide evidence that he/she has fulfilled the requirements for the issuance of a multi-engine land rating as stated in 14 CFR Part 61. Training and experience on MEP land airplanes may be credited, as detailed in the TIP-L.
            
            
            
               3.2.FAA Special Conditions Applicable to the Issuance of an FAA Instrument-Airplane Rating on the Basis of an EU Part-FCL Instrument Rating
            
            
            
               3.2.1.The applicant shall be able to read, speak, write and understand the English language. A Part-FCL English language proficiency endorsement of Level 4 or higher shall be accepted as English proficient.
            
            
            
               3.2.2.The applicant shall meet the FAA medical certificate requirements to exercise the privileges of an FAA pilot certificate, as prescribed in 14 CFR Part 61.
            
            
            
               3.2.3.As detailed in the TIP-L, an applicant applying for an instrument rating shall have completed acclimatization flying in the United States, including its territories, with an FAA certified flight instructor, before the instrument proficiency check with an examiner is administered. The applicant is exempt from this requirement if he/she has prior experience of at least 50 hours of flight time under IFR as pilot in command on airplanes or prior experience of at least 10 hours of flight time under IFR as pilot in command on airplanes in the United States, including its territories;
            
            
            
               3.2.4.The applicant shall complete an instrument proficiency check with an examiner, as detailed in the TIP-L.
            
         
         
            
            
               3.2.5.The applicant shall have passed the required knowledge test, as detailed in the TIP-L, within the 24-calendar-month period preceding the month of application.