EXEMPTION UNDER ARTICLE 71(1) REGULATION (EU) 2018/1139 IN RESPECT OF NON-COMPLIANCE WITH A REQUIREMENT
1. Exemption
The Hellenic Civil Aviation Authority, on behalf of Greece, pursuant to Article 71(1) of Regulation (EU) No 2018/1139, hereby exempts:
•Regulation (EU) No 1178/2011, particularly:
-points FCL.025, FCL.055, FCL.060, FCL, FCL.140.A, 140.H, FCL.130.S, FCL.140.S, FCL.130.B, FCL.140.B, FCL.220.S, FCL.230.S, FCL.220.B, FCL.230.B, FCL.625, FCL.725, FCL.740, FCL.735.A, FCL.735.H, FCL.805, FCL.810, FCL.830, FCL.815, FCL.940 and FCL.1025 of as well as point (1) of Section H of Appendix 3 to Annex I (Part-FCL)
-points MED.A.045 and MED.D.030 of Annex IV (Part-MED) •Regulation (EU) 2018/395, particularly:
-points BFCL.160, BFCL.215 and BFCL.360 of Annnex III (Part-BFCL) •Regulation (EU) 2018/1976, particularly:
-points SFCL.155, SFCL.160, SFCL.205, SFCL.215 and SFCL.360 of Annex III (Part-SFCL)
2. Applicability
Subject to fulfilling the applicable mitigating conditions as specified in this Exemption, with regard to applicants for as well as holders of licences, ratings, privileges, endorsements and certificates issued by HCAA in accordance with Regulation (EU) No 1178/2011, including associated medical certificates, all of the following shall apply:
A. The validity period of all of the following is extended as follows:
(1) by 4 months or until the end of the application of this Exemption, whichever is the shorter period of time, in the case of:
(i) class ratings, type ratings and instrument ratings endorsed in Part-FCL pilot licences the holders of which are not involved in the operation of aircraft representing those classes and types within an organisation for which Annex III (Part-ORO) to Regulation (EU) No 965/2012 is applicable;
(ii) mountain ratings;
(iii) Part-MED medical certificates;
(2) until the end of the application of this Exemption, in the case of:
(i) Part-FCL instructor and examiner certificates;
(ii) language proficiency endorsements as per point FCL.055 of Part-FCL;
(iii) Part-MED aeromedical examiner certificates;
(iv) recommendations for taking theoretical knowledge examinations, issued by a DTO or by an ATO in accordance with point FCL.025(a)(3) of Part-FCL;
(v) theoretical knowledge examinations for the purpose of licence issue as per point FCL.025(c)(1) of Part-FCL;
(vi) the time period between the commencement of the type rating training course and the pass of the skill
test (point FCL.725(c)) of Part-FCL.
(vii) the time period specified in all of the following, provided that the regular time period ended during the
application period of this Exemption:
(A) point FCL.735.A(b);
(B) point FCL.735.H(b);
(C) point (1) of Section H of Appendix 3 to Part-FCL;
(D) points (a)(1) and (b)(2) of point FCL.810;
(E) point FCL.815(b);
(3) in the case of the time period specified in point FCL.025(b)(2) of Part-FCL, that time period is extended by the time period that equals the time period during which an applicant was unable to access theoretical knowledge examinations for the reasons specified in this Exemption.
If, towards the end of the period specified in point (1), the competent authority considers that the reasons for granting this Exemption still apply, the validity period of the rating or certificate may be further extended for another period of up to 4 months or the end of the application of this Exemption, whichever date comes first.
B. For the application of all of the following recency requirements of Part-FCL, the time period is extended as follows:
(1) to the last 2 years and 8 months, in the case of point FCL.140.A(a) (LAPL(A) recency);
(2) to the last 20 months, in the case of point FCL.140.H (LAPL(H) recency);
(3) to the last 32 months, in the case of all of the following:
(i) points FCL.130.S(c) and FCL.220.S (sailplane launching methods);
(ii) points (a) and (b)(1) of point FCL.140.S as well as point FCL.230.S (sailplane pilot recency);
(iii) points FCL.130.B(c) and FCL.220.B (recency for tethered balloon flight);
(iv) points FCL.140.B and FCL.230.B(a) (balloon pilot recency)
(v) point FCL.805(e) (towing rating recency);
(vi) point FCL.830(d) (sailplane cloud flying recency).
C. For the application of all of the following recency requirements of Part-BFCL, the time period is extended as follows:
(1) to the last 30 months, in the case of all of the following:
(i) points (a)(1)(i), (a)(2) and (f)(1) of point BFCL.160 (balloon pilot recency);
(ii) point BFCL.215(d)(2) (commercial operation rating recency);
(2) to the last 56 months, in the case of point BFCL.160(a)(1)(ii) (balloon pilot recency);
(3) to the last 3 years and 8 months, in the case of point BFCL.360(a)(1) (balloon instructor recency).
D. For the application of all of the following recency requirements of Part-SFCL, the time period is extended as follows:
(1) to the last 2 years and 8 months, in the case of all of the following:
(i) point SFCL.155(c) (sailplane launching methods);
(ii) point SFCL.205(f) (sailplane towing or banner towing rating);
(iii) point SFCL.215(e) (saiplane cloud flying rating);
(2) to the last 30 months, in the case of points (a) and (b) of point SFCL.160 (sailplane pilot recency).
(3) to the last 3 years and 8 months, in the case of point SFCL.360(a)(1) (sailplane instructor recency).
E. In the case of point FCL.060(c)(1), the 120-day period is extended to 180 days under the same conditions as specified in that point.
3. Conditions of exemption
This exemption is granted subject to the following conditions:
(1) Holders of class ratings, type ratings, instrument ratings, mountain ratings or language proficiency endorsements benefiting from point (a) of this exemption, shall comply with all of the following:
(a) they shall hold a valid class or type rating, mountain rating and, if applicable, an instrument rating;
(b) they shall have received a briefing from an instructor who holds relevant instructional privileges in order to refresh the required level of theoretical knowledge to safely operate the applicable class or type. That briefing shall include class – or type – specific abnormal and emergency procedures, as appropriate.
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Upon successful completion of the briefing as per point (b), the new expiry date of the relevant rating and, if applicable, the language proficiency endorsement shall be endorsed in the licence of the pilot, either by the HCAA or by an instructor or an examiner, as applicable, acting in accordance with point FCL.1030, as applicable.
(2) Instructors and examiner certificate holders benefiting from point (a) of this exemption shall hold a valid instructor and, if applicable, a valid examiner certificate. The new expiry date of the certificate shall be endorsed in the licence or certificate of the pilot, by the HCAA.
(3) Applicants for a licence, rating or certificate benefiting from point (a)
(2)(vii) of this exemption shall have received additional training, if deemed necessary by the ATO or the DTO, in consultation with the HCAA.
(4) Holders of an LAPL, a PPL, a BPL or an SPL benefitting from point (b), (c) or (d) of this Exemption shall have completed at least one flight, including relevant manoeuvres and procedures, under the supervision of an instructor with relevant instructional privileges.
(5) Part-MED medical certificate holders benefitting from this exemption shall hold a valid medical certificate without limitations, except visual ones.
(6) Part-MED aero-medical examiner certificate holders benefiting from this exemption shall hold a valid aero- medical examiner certificate.
4. Validity
This exemption shall have effect from 24/03/2020 until 23/11/2020.
5. Notification
This exemption is notified to EASA, and the CAs of the European Union Member States.
6. Queries
Any queries or requests for further guidance as a result of this communication should be addressed to:
Personnel Licensing Section (D2/B) Flight Standards Division
Hellenic Civil Aviation Authority Vouliagmenis Av. 580 A, Argiroupoli 16452, Greece
Mail: examiners@hcaa.gr, d2b@hcaa.gr
Contact person: Aris BABALETSOS, ababaletsos@hcaa.gr Tel.: +30 2109973554
