Prováděcí nařízení Komise (EU) 2024/2076 ze dne 24. července 2024, kterým se mění nařízení (EU) č. 1178/2011 a (EU) č. 965/2012, pokud jde o vyjasnění požadavků na druhé piloty střídající při cestovním letu, aktualizaci požadavků na vydávání průkazů způsobilosti a osvědčení zdravotní způsobilosti členům letové posádky a zlepšení pro všeobecné letectví

THE EUROPEAN COMMISSION,

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Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91OJ L 212, 22.8.2018, p. 1 , ELI: http://data.europa.eu/eli/reg/2018/1139/oj. , and in particular Articles 23, 27 and 31 thereof,

OJ L 212, 22.8.2018, p. 1 , ELI: http://data.europa.eu/eli/reg/2018/1139/oj.

(1) Commission Regulation (EU) No 1178/2011Commission 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 , ELI: http://data.europa.eu/eli/reg/2011/1178/oj). lays down the requirements for pilots who are involved in the operation of aircraft referred to in Article 2(1), points (b)(i) and (ii), of Regulation (EU) 2018/1139.

(2) Commission Regulation (EU) No 965/2012Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1 , ELI: http://data.europa.eu/eli/reg/2012/965/oj). lays down technical requirements and administrative procedures related to air operations.

(3) In accordance with Article 140(2), point (b), of Regulation (EU) 2018/1139, Regulation (EU) No 1178/2011 is to be adapted to Regulation (EU) 2018/1139 as regards the definition of complex motor-powered aircraft which was included in Regulation (EC) No 216/2008 of the European Parliament and of the Council 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 (OJ L 79, 19.3.2008, p. 1 , ELI: http://data.europa.eu/eli/reg/2008/216/oj). , repealed by Regulation (EU) 2018/1139. Regulation (EU) No 1178/2011 should therefore be amended accordingly.

(4) As regards single-engine aeroplanes, Regulation (EU) No 1178/2011 should be amended to reflect the latest technical developments and to consider future designs, such as electric engines and hybrid engine designs, consisting of both thermal and electric engine components.

(5) Regulation (EU) No 1178/2011 should also be amended to clarify and to update its provisions, based on issues highlighted to the European Union Aviation Safety Agency by its advisory bodies, revealed during monitoring and implementation support activities, or identified to be problematic specifically for general aviation or aero-medical certification.

(6) When simplifying the requirements for revalidating the privileges of a mountain rating, appropriate transitional provisions should be put in place to ensure a smooth transition from the current to the future applicable requirements.

(7) The provisions for cruise relief co-pilots in both Regulations (EU) No 1178/2011 and (EU) No 965/2012 should be revised to ensure adequate training of such pilots and to establish appropriate operating procedures for the transfer of authority between flight crew members.

(8) The provisions for pilots who have reached the age of 60 and who are involved in single-pilot helicopter emergency medical services (HEMS) operations in both Regulations (EU) No 1178/2011 and (EU) No 965/2012 should be revised to facilitate a higher coverage of HEMS operations thus balancing the need for enhanced availability of medical services with the risks of operations with pilots over the age of 60.

(9) Since medical research requires strict protocols, the provisions of Regulations (EU) No 1178/2011 and (EU) No 965/2012 related to special medical circumstances should be revised to ensure that they are fit for purpose, do not adversely impact flight safety and ensure compliance with established medical research principles.

(10) The provisions allowing persons to apply for a change of their competent authority should be revised to be applicable also to medical certificate holders who have not yet been issued with a licence.

(11) Since the International Civil Aviation Organization recommends the assessment of health risk factors and preventive advice, medical requirements should be revised to enable the assessment of health risks and especially the cardiovascular risk factors.

(12) The provisions for aero-medical assessment should be revised to ensure that they give proper consideration to the degenerative effects of ageing on the body systems.

(13) Amendments to requirements for medical certificates, for aero-medical examiners and for aero-medical centres, as well as amendments related to age limitations for pilots engaged in HEMS, should apply with deferral, to give Member States’ competent authorities time that is needed to prepare for the implementation of those regulatory changes.

(14) The European Union Aviation Safety Agency has prepared draft implementing rules and submitted them to the Commission with Opinion No 05/2023 in accordance with Article 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139.

(15) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127(1) of Regulation (EU) 2018/1139,

Regulation (EU) No 965/2012 is amended as follows:

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 , ELI: http://data.europa.eu/eli/reg/2011/1178/oj).

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Article 3a Article 3a Transitional measures for medical assessment protocols applied in accordance with point ARA.MED.330 of Annex VI (Part-ARA) and medical certificates issued on the basis thereof 1.Competent authorities involved in medical assessment protocols, or wishing to join an existing medical assessment protocol, in accordance with point ARA.MED.330 of Annex VI (Part-ARA) applicable before 13 February 2025 may continue to apply the, or join the, relevant protocol until the end of its validity, where the validity has been determined before 13 August 2024 . 2.Holders of medical certificates issued in accordance with the medical assessment protocols referred to in paragraph 1 may exercise the privileges of their pilot licences on the basis of their medical certificates, as long as the relevant medical assessment protocol continues to apply in accordance with paragraph 1.

Article 4h Article 4h Transitional measures for holders of a mountain rating

(1) Annex III (Part-ORO) is amended in accordance with Annex VI to this Regulation;

(2) Annex V (Part-SPA) is amended in accordance with Annex VII to this Regulation.

Competent authorities involved in medical assessment protocols, or wishing to join an existing medical assessment protocol, in accordance with point ARA.MED.330 of Annex VI (Part-ARA) applicable before 13 February 2025 may continue to apply the, or join the, relevant protocol until the end of its validity, where the validity has been determined before 13 August 2024 .

Holders of medical certificates issued in accordance with the medical assessment protocols referred to in paragraph 1 may exercise the privileges of their pilot licences on the basis of their medical certificates, as long as the relevant medical assessment protocol continues to apply in accordance with paragraph 1.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

The following amendments shall apply from 13 February 2025 :

Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1 , ELI: http://data.europa.eu/eli/reg/2012/965/oj).

(1) point (7) of Annex I;

(2) Annex II;

(3) points (6) to (18), (22) and (23) of Annex III;

(4) points (2) to (9) of Annex IV;

(5) Annex VII.

Holders of a mountain rating which was issued before 13 August 2024 with an expiry date endorsed in accordance with point FCL.815 of Annex I shall, in order to continue to exercise their privileges after that date, take the following steps:

(a) have their mountain rating re-issued by the competent authority without an expiry date;

(b) comply with point FCL.815(d) of Annex I, unless, within the preceding 2 years, they have revalidated their mountain rating in accordance with point FCL.815(e) of Annex I applicable until 12 August 2024 .;

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 (OJ L 79, 19.3.2008, p. 1 , ELI: http://data.europa.eu/eli/reg/2008/216/oj).

Commission Delegated Regulation (EU) 2020/723 of 4 March 2020 laying down detailed rules with regard to the acceptance of third-country certification of pilots and amending Regulation (EU) No 1178/2011 (OJ L 170, 2.6.2020, p. 1 , ELI: http://data.europa.eu/eli/reg_del/2020/723/oj).;

HAS ADOPTED THIS REGULATION: