Article 4 - Existing national pilots’ licences - Regulation (EU) 2020/359

1. [Deleted]
2. Non-JAR-compliant licences including any associated ratings, certificates, authorisations and/or qualifications issued or recognised by a Member State before the applicability of this Regulation shall be converted into Part-FCL licences by the Member State that issued the licence.
3. Non-JAR-compliant licences shall be converted into Part- FCL licences and associated ratings or certificates in accordance with:
   1. the provisions of Annex II; or
   2. the elements laid down in a conversion report.
4. The conversion report shall:
   1. be established by the Member State that issued the pilot licence in consultation with the European Aviation Safety Agency (the Agency);
   2. describe the national requirements on the basis of which the pilot licences were issued;
   3. describe the scope of the privileges that were given to the pilots;
   4. indicate for which requirements in Annex I credit is to be given;
   5. indicate any limitations that need to be included on the Part-FCL licences and any requirements the pilot has to comply with in order to remove those limitations.
5. The conversion report shall include copies of all documents necessary to demonstrate the elements set out in points (a) to (e) of paragraph 4, including copies of the relevant national requirements and procedures. When developing the conversion report, Member States shall aim at allowing pilots to, as far as possible, maintain their current scope of activities.
6. Notwithstanding paragraph 3, holders of a class rating instructor certificate or an examiner certificate who have privileges for single-pilot high performance complex aircraft shall have those privileges converted into a type rating instructor certificate or an examiner certificate for single-pilot aeroplanes.
7. A Member State may authorise student pilots who follow a LAPL training course to exercise limited privileges without supervision before they meet all the requirements necessary for the issuance of a LAPL, subject to the following conditions:
   1. the scope of the privileges shall be based on a safety risk assessment carried out by the Member State, taking into account the extent of training necessary for the intended level of pilot competence to be achieved;
   2. the privileges shall be limited to the following:
      1. the whole or part of the national territory of the authorising Member State;
      2. aircraft registered in the authorising Member State;
      3. SEP aeroplanes and SEP helicopters, both with a maximum take-off mass not exceeding 2 000 kg;
   3. for training conducted under the authorisation, the holder of such an authorisation who applies for the issuance of a LAPL shall receive credits that are determined by the Member State on the basis of a recommendation from an ATO or a DTO;
   4. the Member State shall submit periodical reports and safety risk assessments to the Commission and to the Agency every 3 years;
   5. the Member States shall monitor the use of authorisations issued under this paragraph to ensure an acceptable level of aviation safety and take appropriate action in case of identifying an increased safety risk or any other safety concerns.
8. Until 8 September 2021, a Member State may issue an authorisation to a pilot to exercise specified limited privileges to fly aeroplanes under instrument flight rules before the pilot complies with all of the requirements necessary for the issue of an instrument rating in accordance with this Regulation, subject to the following conditions:
   1. the Member State shall only issue these authorisations when justified by a specific local need which cannot be met by the ratings established under this Regulation;
   2. the scope of the privileges granted by the authorisation shall be based on a safety risk assessment carried out by the Member State, taking into account the extent of training necessary for the intended level of pilot competence to be achieved;
   3. the privileges of the authorisation shall be limited to the airspace of the Member State’s national territory or parts of it;
   4. the authorisation shall be issued to applicants having completed appropriate training with qualified instructors and demonstrated the required competencies to a qualified examiner, as determined by the Member State;
   5. the Member State shall inform the Commission, EASA and the other Member States of the specificities of this authorisation, including its justification and safety risk assessment.
   6. the Member State shall monitor the activities associated with the authorisation to ensure an acceptable level of safety and take appropriate action in case of identifying an increased risk or any safety concerns;
   7. the Member State shall carry out a review of the safety aspects of the implementation of the authorisation and submit a report to the Commission by 8 April 2017 at the latest.
9. For licences issued before 19 August 2018, Member States shall comply with the requirements laid down in the second paragraph of point (a) of ARA.FCL.200 as amended by Commission Regulation (EU) 2018/1065¹ by 31 December 2022 at the latest.

¹ Commission Regulation (EU) 2018/1065 of 27 July 2018 amending Regulation (EU) No 1178/2011 as regards the automatic validation of Union flight crew licences and take-off and landing training (OJ L 192, 30.7.2018, p. 31).

Article 4a - Performance-based navigation instrument rating privileges - Regulation (EU) 2016/539

1. Pilots may only fly in accordance with performance-based navigation (“PBN”) procedures after they have been granted PBN privileges as an endorsement to their instrument rating (“IR”).
2. A pilot shall be granted PBN privileges where he or she fulfils all of the following requirements:
   1. the pilot has successfully completed a course of theoretical knowledge including PBN, in accordance with FCL.615 of Annex I (Part-FCL);
   2. the pilot has successfully completed flying training including PBN, in accordance with FCL.615 of Annex I (Part-FCL);
   3. the pilot has successfully completed either a skill test in accordance with Appendix 7 to Annex I (Part-FCL) or a skill test or a proficiency check in accordance with Appendix 9 of Annex I (Part-FCL).
3. The requirements of paragraph 2(a) and (b) shall be deemed to have been fulfilled where the competent authority considers that the competence acquired, either through training or from familiarity with PBN operations, is equivalent to the competence acquired through the courses referred to in paragraph 2(a) and (b) and the pilot demonstrates such competence to the satisfaction of the examiner at the proficiency check or skill test referred to in paragraph 2(c).
4. A record of the successful demonstration of competency in PBN shall, upon completion of the skill test or the proficiency check referred to in paragraph 2(c), be entered in the pilot's logbook or equivalent record and signed by the examiner who conducted the test or check.
5. IR pilots without PBN privileges may only fly on routes and approaches that do not require PBN privileges and no PBN items shall be required for the renewal of their IR, until 25 August 2020; after that date, PBN privileges shall be required for every IR.

Article 4b - Upset prevention and recovery training - Regulation (EU) 2018/1974

1. Upset prevention and recovery training shall become a mandatory part of a training course for a multi-crew pilot licence (MPL), an integrated training course for airline transport pilots for aeroplanes (ATP(A)), a training course for a commercial pilot licence for aeroplanes (CPL(A)) and training courses for a class or type rating for:
   1. single-pilot aeroplanes operated in multi-pilot operations;
   2. single-pilot non-high-performance complex aeroplanes;)
   3. single-pilot high-performance complex aeroplanes; or
   4. multi-pilot aeroplanes;
   in accordance with Annex I (Part-FCL).
2. For training courses referred to in paragraph 1 that commence before 20 December 2019 at an approved training organisation (ATO), upset prevention and recovery training shall not be mandatory provided that:
   1. CPL(A), ATP(A) or MPL training course is otherwise completed in accordance with Annex I (Part-FCL) and the skill test is completed in compliance with points FCL.320 (CPL), FCL.620 (IR) or FCL.415.A (MPL) of Annex I (Part-FCL) by 20 December 2021 at the latest; or
   2. class or type rating training course for the aeroplanes is otherwise completed in accordance with Annex I (Part-FCL) and the skill test is completed in compliance with the second subparagraph of paragraph (c) of point FCL.725 of Annex I (Part-FCL) to this Regulation by 20 December 2021 at the latest.

For the purpose of paragraph 1, the competent authority may on its own assessment and pursuant to a recommendation from an ATO give credit for any upset prevention and recovery training completed before 20 December 2019 under national training requirements.

Article 4c - Transitional measures for holders of an en route instrument rating - Regulation (EU) 2020/359

1. Up to and including 8 September 2022, holders of an en route instrument rating (‘EIR’) set out in point FCL.825 of Annex I (Part-FCL) shall:
   1. be entitled to continue to exercise the privileges of their EIR;
   2. receive revalidation or renewal of their EIR, in accordance with point FCL.825(g) of Commission Delegated Regulation (EU)¹;
   3. be entitled to receive full credit towards the training requirements in point FCL.835(c)(2)(i) and (ii) of Annex I (Part-FCL), when applying for the issue of a basic instrument rating (BIR) in accordance with point FCL.835 of Annex I (Part-FCL); and
   4. receive full credit as established for EIR holders in Annex I (Part-FCL).
2. As from 8 September 2021, training courses for an EIR referred to in paragraph 1, that have commenced prior to that date, can be continued and shall be regarded as training courses for a BIR. Based on an assessment of the applicant, the approved training organisation responsible for the BIR training course shall determine the amount of EIR training to be credited towards the issue of the BIR.
3. Applicants for a BIR who hold an EIR or have passed the theoretical knowledge examination for an EIR in accordance with point FCL.825(d) prior to 8 September 2021 shall receive full credit towards the requirements for the theoretical knowledge instruction and examination for the BIR.

¹ Commission Delegated Regulation (EU) of 4 March 2020 (not yet published in the Official Journal).

Article 4d - Transitional measures for single-engine instrument rating privileges for helicopters - Regulation (EU) 2021/2227

Without prejudice to point FCL.630.H of Annex I (Part-FCL) to this Regulation, all of the following shall apply:

1. instrument ratings for helicopters (IR(H)) issued in accordance with Annex I (Part-FCL) to this Regulation before 30 October 2022 shall be deemed as IR(H) for both single-engine and multi-engine helicopters and shall be reissued as such IR(H), when reissuing a helicopter pilot licence for administrative reasons.
2. Applicants who before 30 October 2022 commenced training for an IR(H) for either single-engine or multi-engine helicopters shall be allowed to complete that training and, in such a case, be issued with an IR(H) for both single-engine and multi-engine helicopters.

Article 4e - Transitional measures for training, testing and checking related to multi-pilot operations in single-pilot helicopters - Regulation (EU) 2021/2227

1. Member States may decide to issue specific privileges for conducting training, skill tests and proficiency checks in multi-pilot operation in single-pilot helicopters to applicants who meet all of the following conditions:
   1. hold an instructor or examiner certificate, as applicable, issued in accordance with Annex I (Part-FCL) to this Regulation, including the privileges to instruct or to examine, as applicable, in the relevant type of helicopter;
   2. have completed the training specified in point FCL.735.H of Part-FCL;
   3. have experience in multi-pilot operation in helicopters at a level that is acceptable to the competent authority of that Member State.
2. The privileges issued in accordance with paragraph 1 shall be valid until 30 October 2025. In order to revalidate the privileges, applicants shall comply with the experience requirements for instructor and examiner privileges related to multi-pilot operation in single-pilot helicopters as set out in Part-FCL.

Article 4f - Type ratings for VCA - Regulation (EU) 2024/1111

1. Applicants that hold a commercial pilot licence for aeroplanes (CPL(A)) or helicopters (CPL(H)) in accordance with Annex I (Part-FCL) shall be entitled to be issued with a type rating for a VCA and shall exercise the privileges of such a type rating, provided they comply with all the following:
   1. the prerequisites specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012;
   2. Section 1 of Subpart H of Annex I (Part-FCL) and the provisions of this Article.
2. The theoretical knowledge examination shall be written, and the number of multiple-choice questions shall depend on the complexity of the aircraft.
3. Type rating training, skill tests and proficiency checks for aircraft specified in paragraph 1 shall:
   1. comply with the following requirements of Appendix 9 to Annex I (Part-FCL):
      1. Section A;
      2. Sections B, C or D, as determined and unless otherwise specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012; and
   2. under the conditions and to the extent specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, include additional training and testing to allow applicants to obtain the competence to operate the relevant VCA.
4. By way of derogation from the paragraphs above, applicants that hold a CPL(A) or a CPL(H) and that were involved in test flights for a particular type of VCA shall be issued with a type rating for that aircraft, provided they comply with all the following:
   1. they comply with the flight conditions for acting as test pilot in the relevant VCA type, as established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012;
   2. they have completed either 50 hours of total flight time or 10 hours of flight time as pilot-in-command on test flights in the relevant VCA type;
   3. they comply with the prerequisites referred to in paragraph 1(a).
5. The validity period of type ratings issued in accordance with this Article shall be 1 year. Holders shall do all the following:
   1. in order to revalidate the type rating:
      1. within the validity period of the rating, complete at least 2 hours of flight time as pilot of the relevant VCA type;
      2. within the 3 months immediately preceding the expiry date of the rating and in the relevant VCA type or an FSTD representing that aircraft, pass a proficiency check in accordance with paragraph 3, the duration of which may be counted towards the flight time specified in paragraph (a)(i). If applicants choose to pass the proficiency check earlier than within these 3 months, the new validity period shall commence from the date of the proficiency check;
   2. in order to renew the type rating, comply with point FCL.740(b) of Annex I (Part-FCL).
6. Holders of a licence and a type rating as specified in paragraph 1 shall be entitled to operate the relevant VCA under instrument flight rules, provided they comply with all the following:
   1. they hold an IR(A) or an IR(H), as applicable;
   2. they have, in the relevant VCA type, completed the skill test or the proficiency check, as applicable, in accordance with paragraph 3 including the content relevant for instrument flight.
7. Notwithstanding point FCL.900(b) of Annex I (Part-FCL), applicants that hold an instructor certificate in accordance with Annex I (Part-FCL) with privileges to provide training for aeroplane or helicopter type ratings shall be issued with privileges to provide training for type ratings specified in paragraph 1, provided they:
   1. hold a type rating as per paragraph 1 for the relevant VCA type;
   2. unless otherwise specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, have, within the 12 months preceding the application, completed at least 30 route sectors, including take-offs and landings, as pilot-in-command in the relevant VCA type, of which 15 route sectors may be completed in an FSTD representing that VCA type;
   3. have completed, at an ATO, theoretical and practical training for extending instructor privileges to that VCA type, including mandatory training elements as specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012;
   4. pass the relevant sections of the assessment of competence in accordance with point FCL.935 of Annex I (Part-FCL).
   By way of derogation from paragraphs (b), (c) and (d), applicants that hold a TRI(A) certificate or a TRI(H) certificate and that were issued with a type rating for a VCA in accordance with paragraph 4, shall receive an extension of their TRI privileges to that VCA type.
8. Holders of instructor privileges referred to in paragraph 7 shall receive revalidation or renewal, as applicable, of these privileges when they comply with the relevant revalidation or renewal requirements of Subpart J of Annex I (Part-FCL), as applicable for the instructor certificate held, and additionally do either of the following:
   1. complete, at an ATO, instructor refresher training that focuses on the privileges as per paragraph 7;
   2. pass the relevant sections of the assessment of competence in accordance with point FCL.935 of Annex I (Part-FCL) in the relevant VCA type specified in paragraph 1 or an FSTD representing that type.
9. Notwithstanding point FCL.1000(b) of Annex I (Part-FCL), applicants that hold an examiner certificate in accordance with Annex I (Part-FCL) with privileges to act as an examiner for aeroplane or helicopter type ratings shall be issued with privileges to conduct skill tests and proficiency checks for an VCA type specified in paragraph 1, provided they hold instructor privileges as per paragraph 7 for the relevant VCA type and comply with all the following in the relevant VCA type or an FSTD representing that type:
   1. complete examiner standardisation in accordance with point FCL.1015 of Annex I (Part-FCL), including the conduct of at least one skill test or proficiency check;
   2. pass the relevant sections of the assessment of competence in accordance with point FCL.1020 of Annex I (Part-FCL).
10. Holders of examiner privileges referred to in paragraph 9 shall receive revalidation or renewal, as applicable, of these privileges when they comply with the relevant parts of point FCL.1025 of Annex I (Part-FCL) and additionally do either of the following:
    1. complete an examiner refresher course in accordance with point FCL.1025(b)(2) of Annex I (Part-FCL) that focuses on the privileges as per paragraph 9;
    2. pass the relevant sections of the assessment of competence in accordance with point FCL.1020 of Annex I (Part-FCL) in the relevant VCA type or an FSTD representing that type.

Article 4h - Transitional measures for holders of a mountain rating - Regulation (EU) 2024/2076

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:

1. have their mountain rating re-issued by the competent authority without an expiry date;
2. 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.