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28.1.2014 Official
Journal
of
the
European
Union L
23/25
COMMISSION REGULATION (EU) No 70/2014
of 27 January 2014
amending Regulation (EU) No 1178/2011 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
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(5) The
requirements
related
to
the
establishment
of
flight
crew type rating training courses refer to the operational
suitability data, however where the operational suitability
data is not available there should be a general provision
Having regard to the Treaty on the Functioning of the European
as well as transitional measures.
Union,
Having regard to Regulation (EC) No 216/2008 of the European
(6) The
Agency
prepared
draft
implementing
rules
on
the
Parliament and of the Council of 20 February 2008 on
concept of operational suitability data and submitted
common rules in the field of civil aviation and establishing a
them as an opinion ( 4 ) to the Commission in accordance
European Aviation Safety Agency, and repealing Council
with Article 19(1) of Regulation (EC) No 216/2008.
Directive 91/670/EEC, Regulation (EC) No 1592/2002 and
Directive 2004/36/EC ( 1 ), and in particular Article 7(6), 8(5)
and 10(5) thereof,
(7) Regulation
(EU)
No
1178/2011
should
therefore
be
amended accordingly.
Whereas:
(8) The
measures
provided
for
in
this
Regulation
are
in
(1) Commission
Regulation
(EU)
No
1178/2011
( 2 ) lays
accordance with the opinion of the Committee estab
down detailed rules for certain pilots’ licences, the
lished by Article 65 of Regulation (EC) No 216/2008,
conversion of national licences and certificates, as well
as the conditions for the acceptance of licences from
third countries. In addition, Regulation (EU) No
1178/2011 includes provisions on the certification of
approved training organisations and of operators of
HAS ADOPTED THIS REGULATION:
flight simulation training devices used for pilot training,
testing and checking.
Article 1
(2) Article
5
of
Regulation
(EC)
No
216/2008
dealing
with Regulation (EU) No 1178/2011 is amended as follows:
airworthiness was extended to include the elements of
operational suitability evaluation into the implementing
rules for type-certification.
(1) The following Article 9a is inserted:
(3) The
European
Aviation
Safety
Agency
(the
‘Agency’)
found that it was necessary to amend Commission Regu
lation (EU) No 748/2012 ( 3 ) in order to allow the
Agency to approve operational suitability data as part
‘Article 9a
of the type-certification process.
Type rating training and operational suitability data
1. Where
the
Annexes
to
this
Regulation
make
reference
to the operational suitability data established in accordance
(4) The
operational
suitability
data
should
include
mandatory
with Regulation (EU) No 748/2012, and that data is not
training elements for flight crew type rating training.
available for the relevant type aircraft, the applicant for a
Those elements should be the basis for developing type
type rating training course shall comply with the provisions
training courses.
of the Annexes of Regulation (EU) No 1178/2011 only.
( 1 ) OJ L 79, 19.3.2008, p. 1.
( 4 ) Opinion No 07/2011 of the European Aviation Safety Agency of
( 2 ) OJ L 311, 25.11.2011, p. 1.
13 December 2011, available at http://easa.europa.eu/agency-
( 3 ) OJ L 224, 21.8.2012, p. 1.
measures/opinions.php

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L 23/26
EN
Official Journal of the European Union
28.1.2014
2. Type
rating
training
courses
approved
before
the (2) Annex VII (PART-ORA) is amended in accordance with the
approval of the minimum syllabus of pilot type rating
Annex to this Regulation:
training in the operational suitability data for the relevant
type of aircraft in accordance with Regulation (EU) No
748/2012 shall include the mandatory training elements
Article 2
not later than 18 December 2017 or within two years
This Regulation shall enter into force on the twentieth day
after the operational suitability data was approved,
following that of its publication in the Official Journal of the
whichever is the latest.’.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 January 2014.
For the Commission
The President
José Manuel BARROSO
ANNEX
Annex VII (PART-ORA) to Regulation (EU) No 1178/2011 is amended as follows:
(1) In point ORA.GEN.160, point (b) is replaced by the following:
‘(b) Without prejudice to paragraph (a) the organisation shall report to the competent authority and to the organi
sation responsible for the design of the aircraft any incident, malfunction, technical defect, exceeding of technical
limitations and any occurrence that would highlight inaccurate, incomplete or ambiguous information contained
in the operational suitability data established in accordance with Commission Regulation (EU) No 748/2012 (*) or
other irregular circumstance that has or may have endangered the safe operation of the aircraft and that has not
resulted in an accident or serious incident.
___________
(*) OJ L 224, 21.8.2012, p. 1.’;
(2) Point ORA.ATO.145 is replaced by the following:
‘ORA.ATO.145 Pre-requisites for training
(a) The ATO shall ensure that the students meet all the pre-requisites for training established in Part-Medical, Part-
FCL, and, if applicable, as defined in the mandatory part of the operational suitability data established in
accordance with Regulation (EU) No 748/2012.
(b) In the case of ATOs providing flight test training, the students shall meet all the pre-requisites for training
established in accordance with Regulation (EU) No 748/2012.’;
(3) In point ORA.FSTD.210(a), point (2) is replaced by the following:
‘(2) the aircraft validation data defined by the mandatory part of the operational suitability data as approved under
Regulation (EU) No 748/2012, if applicable; and’.

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