Resolution Of 7 Of April Of 2015, Of The Address Of The Agency State Of Security Air, By Which Is Agrees It Takes In The Application Of The Annex I, Annex Vi And Vii Of The Regulation (Eu) No. 445 / 2015, Of The Commission Of 17 Of March, That Edit...

Original Language Title: Resolución de 7 de abril de 2015, de la Dirección de la Agencia Estatal de Seguridad Aérea, por la que se acuerda la demora en la aplicación del Anexo I, Anexo VI y VII del Reglamento (UE) n.º 445/2015, de la Comisión de 17 de marzo, que modific...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6202

Regulation No. 445/Commission of 17 March 2015 2015, amending Regulation (EU) No. 1178 / 2011 by which establish technical requirements and administrative procedures for civil aviation flight personnel, implies the establishment of approvals of exceptions to certain requirements in accordance with article 14, paragraph 6 , of Regulation (EC) No. 216/2008.

In accordance with that regulation, the requirements laid down in the Regulation (EU) No. 1178 / 2011 should be amended in order to introduce the exceptions that have a clear regulatory effect and a certain degree of flexibility for general aviation, as well as to correct certain errors of wording.

The entry into force of said regulation has place the 8 of April of 2015. However, after detecting certain requirements, in particular annexes VI and VII, could be disproportionate with regard to the activity and the associated risk of training organisations providing instruction only for pilot of light aircraft, from private pilot, of pilot balloon and glider, the own regulation (EU) 445/2015 pilot has seen the need to extend the application deadline until April 8, 2018 , for these activities in this sector without prejudice to safety standards.

Accordingly, in order to give the time necessary for the development of these standards, the Regulation (EU) 445/2015 establishes that the date of application of the provisions of annex VII of Regulation (EU) No. 1178 / 2011 to the training organizations that offer instruction only for national licensing of pilots glider suitable for their conversion in the part-FCL licences should postpone until 8 April 2018.

In this mode, is set in the article 3.3 of the Regulation (EU) No. 445 / 2015, that «(...)» Member States may choose to not apply the provisions of annexes VI and VII to a body of training that is providing instruction only for a national license which, under article 4, paragraph 3, of the Regulation (EU) No. 1178 / 2011 is suitable for conversion into a pilot license light aircraft (LAPL), pilot of glider (SPL) , or from pilot of balloon hot air (BPL) of the part-FCL to the 8 of April of 2018.

In accordance with this possibility, it is necessary to opt for the delay in the implementation of annexes VI and VII to the training organizations that offer instruction only for national licensing of the part-FCL (SPL) glider pilot through April 8, 2018; for the following reasons: facilitate a more gradual transition to the structure of one ATO for schools that currently carry out instruction for obtaining a national gliding pilot license.

In relation to them requirements for it training, evaluation and emission of them licenses of pilot and them ratings and certified associated for it license of pilot of glider (SPL), as well as the conditions of its validity and use, is will be to it willing in the annex I of the Regulation (EU) No. 1178 / 2011 of the Commission, of 3 of November of 2011 , by which establish technical requirements and administrative procedures related to the staff of flight of civil aviation under Regulation (EC) No. 216/2008 of the European Parliament and of the Council.

(Nevertheless and in relation to this annex, and in accordance with the provisions of article 1, paragraph 3) letter b), of Regulation (EU) No. 445/2015, of the Commission, which includes the new paragraph 2 bis of article 12 of the Regulation (EU) No. 1178 / 2011 the Commission, establishes the possibility of also opt to delay the implementation of the provisions of annex I to the 8 April 2018 referring to the FCL 805 point of that regulation, for glider towing and aerial advertising drag allotments.

The case that there are circumstances that make it possible to advance the implementation of the provisions of the aforementioned annexes I, VI and VII, prior to April 8, 2018, will require the adoption and publication in the «Official Gazette» a new resolution of the State Agency of aviation safety by declaring the application of these annexes.

En_virtud_de all of the above, the Director of the State Agency of aviation safety resolves: to) declare the derogating from the provisions of annexes VI and VII to the training organizations that offer instruction only for a national license which, pursuant to article 4, paragraph 3, of the Regulation (EU) No. 1178 / 2011 is suitable for conversion in a glider (SPL) pilot's license , of the part-FCL to the 8 of April of 2018;

(b) declare the inapplicability of the provisions of the annex I to them ratings of trailer of glider and drag of advertising air (FCL 805), until the 8 of April of 2018.

Madrid, 7 of April of 2015.-the Director of the Agency State of security air, Isabel Maestre Moreno.