General
Holders of an examiner certificate shall:
(1) hold, unless otherwise determined in this Annex, an equivalent licence, rating or certificate to the ones for which they are authorised to conduct skill tests, proficiency checks or assessments of competence and the privilege to instruct for them.
(2) be qualified to act as PIC in the aircraft during a skill test, proficiency check or assessment of competence if conducted on the aircraft.
Special conditions
(1) The competent authority may issue a specific certificate granting privileges for the conduct of skill tests, proficiency checks and assessments of competence if compliance with the requirements established in this Subpart is not possible because of the introduction of any of the following:
(i) new aircraft in the Member States or in an operator’s fleet.
(ii) new training courses in this Annex.
Such a certificate shall be limited to the skill tests, proficiency checks and assessments of competence necessary for the introduction of the new type of aircraft or the new training course and its validity shall not, in any case, exceed 1 year.
(2) Holders of a certificate issued in accordance with point (1) who wish to apply for an examiner certificate shall comply with the prerequisites and revalidation requirements for that category of examiner certificate.
(3) Where no qualified examiner is available, competent authorities may, on a case-by -case basis, authorise inspectors or examiners who do not meet the relevant instructor, type or class rating requirements as specified in General, to perform skill tests, proficiency checks and assessments of competence.
Examination provided outside the territory of the Member States
(1) By way of derogation from point General, in the case of skill tests and proficiency checks provided outside the territory for which Member States are responsible under the Chicago Convention, the competent authority shall issue an examiner certificate to applicants holding a pilot licence that is compliant with Annex 1 to the Chicago Convention, provided that those applicants:
(i) hold at least an equivalent licence, rating, or certificate to the one for which they are authorised to conduct skill tests, proficiency checks or assessments of competence, and in any case at least a CPL.
(ii) are qualified to act as PIC in the aircraft during a skill test or proficiency check that is conducted in the aircraft.
(iii) comply with the requirements established in this Subpart for the issue of the relevant examiner certificate and
(iv) demonstrate to the competent authority an adequate level of knowledge of European aviation safety rules to be able to exercise examiner privileges in accordance with this Annex.
(2) The certificate referred to in point (1) shall be limited to performing skill tests and proficiency checks:
(i) outside the territories for which the Member States are responsible under the Chicago Convention and
(ii) to pilots who have sufficient knowledge of the language in which the test/check is given.
FCL.1000 Examiner
Limitation of privileges in case of vested interests
Examiners shall not conduct:
(a) skill tests or assessments of competence of applicants for the issue of a licence, rating or certificate to whom they have provided more than 25 % of the required flight instruction for the licence, rating or certificate for which the skill test or assessment of competence is being taken and
(b) skill tests, proficiency checks or assessments of competence whenever they feel that their objectivity may be affected.
FCL.1005
Prerequisites for examiners
Applicants for an examiner certificate shall demonstrate:
(a) relevant knowledge, background and appropriate experience related to the privileges of an examiner.
(b) that they have not been subject to any sanctions, including the suspension, limitation or revocation of any of their licences, ratings or certificates issued in accordance with this Part, for non-compliance with the Basic Regulation and its Implementing Rules during the last 3 years.
FCL.1010
Examiner standardisation
(a) An applicant for an examiner certificate shall undertake a standardisation course which is provided by the competent authority or which is provided by an ATO and approved by the competent authority. An applicant for an examiner certificate for sailplanes or balloons may undertake a standardisation course which is provided by a DTO and approved by the competent authority.
(b) The standardisation course shall consist of theoretical and practical instruction and shall include, at least:
(1) the conduct of 2 skill tests, proficiency checks or assessments of competences for the licences, ratings or certificates for which the applicant seeks the privilege to conduct tests and checks.
(2) instruction on the applicable requirements in this part and the applicable air operations requirements, the conduct of skill tests, proficiency checks and assessments of competence, and their documentation and reporting.
(3) a briefing on the national administrative procedures, requirements for protection of personal data, liability, accident insurance and fees.
(4) a briefing on the need to review and apply the items in (3) when conducting skill tests, proficiency checks or assessments of competence of an applicant for which the competent authority is not the same that issued the examiner’s certificate and
(5) an instruction on how to get access to these national procedures and requirements of other competent authorities when needed.
(c) Holders of an examiners certificate shall not conduct skill tests, proficiency checks or assessments of competence of an applicant for which the competent authority is not the same that issued the examiner’s certificate, unless they have reviewed the latest available information containing the relevant national procedures of the applicant’s competent authority.
FCL.1015
Examiners assessment of competence
Applicants for an examiner certificate shall demonstrate their competence to an inspector from the competent authority or a senior examiner specifically authorised to do so by the competent authority responsible for the examiner’s certificate through the conduct of a skill test, proficiency check or assessment of competence in the examiner role for which privileges are sought, including briefing, conduct of the skill test, proficiency check or assessment of competence, and assessment of the person to whom the test, check or assessment is given, debriefing and recording documentation.
FCL.1020
Validity, revalidation and renewal of examiner certificates
Validity
An examiner certificate shall be valid for 3 years.
Revalidation
To revalidate an examiner certificate, holders shall comply with all of the following conditions:
(1) before the expiry date of the certificate, have conducted at least six skill tests, proficiency checks or assessments of competence.
(2) in the period of 12 months immediately preceding the expiry date of the certificate, have completed an examiner refresher course which is provided by the competent authority or which is provided by an ATO and approved by the competent authority. An examiner holding a certificate for sailplanes or balloons may have completed, in the period of 12 months immediately preceding the expiry date of the certificate, an examiner refresher course which is provided by a DTO and approved by the competent authority.
(3) one of the skill tests, proficiency checks or assessments of competence conducted in accordance with point (1) shall take place in the period of 12 months immediately preceding the expiry date of the examiner certificate and shall:
(i) have been assessed by an inspector from the competent authority or by a senior examiner specifically authorised to do so by the competent authority responsible for the examiner certificate or
(ii) comply with the requirements in point FCL.1020.
If applicants for the revalidation hold privileges for more than one category of examiner, all examiner privileges may be revalidated if applicants comply with the requirements laid down in points (1) and (2) and point FCL.1020 for one of the categories of examiner certificates held, in agreement with the competent authority.
An examiner certificate shall only be revalidated or renewed if applicants demonstrate continued compliance with the requirements laid down in points FCL.1010 and FCL.1030.
Renewal
If the certificate has expired, before resuming the exercise of the privileges, the applicants shall comply with the requirements in point (Revalidation) (2) and point FCL.1020 in the period of 12 months immediately preceding the application for the renewal.
An examiner certificate shall only be revalidated or renewed if applicants demonstrate continued compliance with the requirements laid down in points FCL.1010 and FCL.1030.
FCL.1025
Conduct of skill tests, proficiency checks and assessments of competence
(a) When conducting skill tests, proficiency checks and assessments of competence, examiners shall:
(1) ensure that communication with the applicant can be established without language barriers.
(2) verify that the applicant complies with all the qualification, training and experience requirements in this Part for the issue, revalidation or renewal of the licence, rating or certificate for which the skill test, proficiency check or assessment of competence is taken.
(3) make the applicant aware of the consequences of providing incomplete, inaccurate or false information related to their training and flight experience.
(b) After completion of the skill test or proficiency check, the examiner shall:
(1) inform the applicant of the result of the test. In the event of a partial pass or fail, the examiner shall inform the applicant that he/she may not exercise the privileges of the rating until a full pass has been obtained. The examiner shall detail any further training requirement and explain the applicant’s right of appeal.
(2) in the event of a pass in a proficiency check or assessment of competence for revalidation or renewal, endorse the applicant’s licence or certificate with the new expiry date of the rating or certificate, if specifically authorised for that purpose by the competent authority responsible for the applicant’s licence.
(3) provide the applicant with a signed report of the skill test or proficiency check and submit without delay copies of the report to the competent authority responsible for the applicant’s licence, and to the competent authority that issued the examiner certificate. The report shall include:
(i) a declaration that the examiner has received information from the applicant regarding his/her experience and instruction, and found that experience and instruction complying with the applicable requirements in this Part.
(ii) confirmation that all the required manoeuvres and exercises have been completed, as well as information on the verbal theoretical knowledge examination, when applicable. If an item has been failed, the examiner shall record the reasons for this assessment.
(iii) the result of the test, check or assessment of competence.
(iv) a declaration that the examiner has reviewed and applied the national procedures and requirements of the applicant’s competent authority if the competent authority responsible for the applicant’s licence is not the same that issued the examiner’s certificate.
(v) a copy of the examiner certificate containing the scope of his/her privileges as examiner in the case of skill tests, proficiency checks or assessments of competence of an applicant for which the competent authority is not the same that issued the examiner’s certificate.
(c) Examiners shall maintain records for 5 years with details of all skill tests, proficiency checks and assessments of competence performed and their results.
(d) Upon request by the competent authority responsible for the examiner certificate, or the competent authority responsible for the applicant’s licence, examiners shall submit all records and reports, and any other information, as required for oversight activities.
FCL.1030