Briefing EU examiners (non-Dutch)

What are the EU regulations considering examiners from other countries?

FCL.1015

• The standardisation course shall consist of theoretical and practical instruction andshall include, at least:
  1) a briefing on the national administrative procedures, requirements forprotection of personal data, liability, accident insurance and fees.
  2) 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
  3) an instruction on how to get access to these national procedures andrequirements of other competent authorities when needed;
   
• Holders of an examiners certificate shall not conduct skill tests, proficiency checks orassessments of competence of an applicant for which the competent authority is not thesame that issued the examiner's certificate, unless they have reviewed the latest availableinformation containing the relevant national procedures of the applicant's competentauthority.

In order to carry out privileges to conduct skill tests, proficiency checks or assessments of competence for licences and certificates issued by CAA NL it is essential that:

• The non-Dutch examiner has a valid examiner certificate for the privileges beingsought, issued by an EU Member State,
• The non-Dutch examiner has studied the general and country-specific parts of the EASA Examiner Differences Document.
• The non-Dutch examiner informs CAA NL of his or her intention to perform any test, check or AoC of a Dutch licence holder as outlinedin chapter 4 and 6.
• The non-Dutch examiner reviews the online version of Briefing EU examiners (non-Dutch) when applicable to stay informed about changes. This briefing can be found at EU examiners (non-Dutch).

After studying this briefing, the privileges of examiners are to conduct skill tests, proficiency checks or assessments of competence for the initial issue, revalidation or renewal of licences and certificates issued by CAA NL for aeroplanes, helicopters and TMG’s as defined in PART-FCL, limited to the privileges as listed in the examiner's own certificate.

Examiners for the following skill tests, proficiency checks or assessments of competence shall be designated by CAA NL:

• Power-lift aircraft, airships, balloons and sailplanes
• Competency based Instrument ratings (CBIR)* and Basic Instrument Rating (BIR)*
• Aerobatic, sailplane and banner towing, mountain and flight test ratings.
• Examiner certificates
• Annex II aircraft
• Other licences, ratings or certificates not published in PART-FCL.

* only when no proof of completion of the required theoretical examinations is available, designation is arranged by CAA NL.

All skill tests, proficiency checks and assessments of competence shall be carried out according regulations as published in EC 2018/1139 and its associated parts.

Designation of examiners for skill tests, proficiency checks or assessments of competence shall be as follows:
Licence/rating:

• Designation of an examiner for skill tests for the first issue of a licence or a rating may be arrangedby either CAA NL or an approved training organisation (ATO).
• Designation of an examiner for an ATPL-skill test may also be arranged by an AOC-holder.
• Designation of an examiner for revalidation or renewal of a rating may be arranged by either CAA NL, an approved training organisation (ATO), an AOC-holder or the candidate.

Instructor (FI, TRI, CRI, IRI, SFI in all categories):

• Designation of an examiner for the assessment of competence for the first issue of a flight-instructor (FI) certificate may only be arranged by CAA NL. All others may be arranged by either CAA NL or an approved training organisation (ATO).
• Designation of an examiner for the assessment of competence for the revalidation or renewal ofan instructor-certificate may be arranged by CAA NL, an approved training organisation (ATO) or the candidate.

Examiner (FE, TRE, CRE, IRE, SFE, FIE in all categories):

• Designation of an inspector or senior-examiner for the assessment of competence for the firstissue, revalidation or renewal of an examiner certificate, or for the first issue, revalidation orrenewal of a senior-examiner certificate, may only be arranged by CAA NL.

V = may designate examiner
X = may not designate examiner
* Except for the issue of a PPL(A) or IR(A) on basis of the BASA agreement between the FAA and EASA, the issue of the Competency Based Instrument Rating (CBIR) or Basic Instrument Rating (BIR), when no proof of completion of the required theoretical examinations is available, designation is arranged by CAA NL.

Note: examiners may only be designated for privileges stated in their certificates.

To comply with the regulations about required overview of examiners by authorities the examiner shall notify CAA NL of the following events:

• All tests for the initial issue of a licence or rating,
• All assessments of competence for the initial issue of an instructor certificate,
• All tests, checks or instructor AoC’s taking place in The Netherlands.
• All upcoming tests, checks or instructor AoC’s of Dutch licence holders when sorequested by CAA NL.

For these notifications the form "Notification test, check or assessment of competence" at the bottom of this page can be used.

If this is not possible, send an e-mail with at least the following information:

Examiner details:

• Examiner's name and initials
• Examiners certificate number
• Country of examiner certification
• Contact details; cell phone number, e-mail address

Candidate details:

• Candidate’s name and initials
• Candidate’s licence number

Test details:

• Type of test/check/AoC
• Type of aircraft
• Test in aircraft or FSTD
• Name of FSTD operator
• FSTD approval certificate
• Date and time
• Place

The e-mail address to send this information to is : notification@ilent.nl

The notification requirement is fulfilled when the examiner receives the automatic reply to this notification.
The examiner can then proceed with conducting the test, check or AoC (except for those cases mentioned in chapter 5) on the indicated date, time and place unless CAA NL contacts the examiner with a restriction or a constraint.
If there is any change in any of the details, a new notification has to be submitted.

CAA NL reserves the right to forbid, to be present, or to replace the examiner at the test, check or AoC.

Examiners are authorized to endorse licence-documents issued by CAA NL for the revalidation or renewal of;

• Type, class and instrument ratings,
• Instructor certificates

for airplanes, helicopters and TMG’s with their associated restrictions and remarks as printed under item XII on the front of the applicable licence.

Only ratings and certificates printed on the front of the licence can be revalidated or renewed by the examiner

1. Instructions for examiners how to check the requirements

General

With the introduction of PART-FCL on April 8, 2013, the examiner became responsible for checking whether a candidate meets all requirements at a skill test, proficiency check or assessment of competence. 

The requirements to be checked vary per skill test, proficiency check or assessment of competence. Information on these requirements can be found in the relevant chapters of Part-FCL. 

These instructions provide additional information about how the examiner should check these requirements. 

If it cannot be determined that all requirements have been met by the candidate when performing a skill test, proficiency check or assessment of competence, the examiner may decide to cancel or reschedule the session. In that case a new recommendation may be necessary.
If it is likely that the candidate or the ATO can prove to the examiner within a few days that the requirements have been met, the examiner may decide to perform the skill test, proficiency check or assessment of competence. He holds all relevant forms until the candidate or the ATO has provided the necessary information.

The examiner must also inform the applicant of the consequences of providing incomplete, inaccurate or false information regarding his training and experience as a pilot (see FCL.1030 (a) (3).
This can lead to restriction, suspension or revocation of licences, ratings and certificates of the candidate. See also ARA.FCL.250 (appendix 2).

Identification and age

This should be checked on the basis of a valid Dutch passport, a valid Dutch identity card or a valid Dutch driving licence. Copies of these documents cannot be used for this purpose because the security features thereon cannot be checked.
For non-Dutch citizens this can be checked on the basis of a valid foreign passport, a valid foreign identity card or a valid Dutch residence permit.

Medical certificate

If required, the candidate must have a valid medical certificate as defined in Appendix VI of Part-ARA and issued in accordance with Part-MED.
There are three possibilities for a medical certificate: LAPL, Class 2 and Class 1.
Class 1 is also valid as Class 2 and LAPL. Class 2 is also valid as LAPL.
Detailed requirements for the necessary medical certificates are found in MED.A.030.

Theoretical knowledge examinations

Before a skill test for the issue of a licence, rating or certificate is taken, the applicant shall have passed the required theoretical knowledge examination, except in the case of applicants undergoing a course of integrated flying training.
In any case, the theoretical knowledge instruction shall always have been completed before the skill test (see FCL.030(a)).
A positive result for a theoretical knowledge examination is valid for the issue of a corresponding licence, rating or certificate for a limited time:

See FCL.025(c) and FCL.030(a).
For crediting of theoretical knowledge, see FCL.035(b)

Training

The completion of a training course, or the required training in case of a renewal, shall be demonstrated by means of a statement by the relevant ATO.
If the Flight Test Schedule for the skill test or proficiency check has a column ‘Practical Training’, all maneuvers and procedures that are part of the training shall be initialed by the instructor. Thereby the instructor states that this exercise was trained to exam level.
According FCL.030 (b) all training data must be made available to the examiner at a skill test (except for an ATPL-test). This must be done to enable the examiner to determine whether the candidate meets all the requirements, but the objectivity of the examiner may not be affected. So these training data may not contain any reviews, value judgments or opinions.

Experience and flying hours

These shall be checked against the logbook of the candidate which at least meets the requirements as described in AMC1 FCL.050.

2. Examiner forms

Skill Test and Proficiency Check Report forms and applicable Flight Test Schedules can be downloaded from the webpage Vereiste documenten.

3. Instructions for Flight Test Schedules

The purpose of this instruction is to prevent delays in the processing of exam forms.

Check correct Flight Test Schedule and check the correct (latest) version if specified.

Only use Flight Test Schedules from the page mentioned under 2. Flight Test Schedules from other pages are for national use only
Follow these instructions for completing a Flight Test Schedule:

General:

• At the top of each page: Licence number instructor (s) + initials.
• At the top of each page: Authorization number examiner (s) + initials.
• At the top of each page: Licence number of the candidate.
• The Flight Test Schedule must be submitted along with a 'Skill Test and Proficiency Check Report form.
• Special information, comments or explanations can be given in the remarks section of the Skill Test and Proficiency Check Report form.

Columns 'Practical Training':

• If there was training involved to prepare for the skill test or proficiency check, the instructor(s) must sign for all the required exercises in the column "Instructor's initials".
• The instructor(s) shall also put their initials and correspondence number at the top of each page on which they have signed.
• The examiner checks whether all required training items have been signed off.

Column 'Skill test/prof check':

• Indicate for each examined item whether this is performed in a simulator (FS) or an aircraft (A).
• If the entire skill test or proficiency check is conducted in a simulator or aircraft it suffices to encircle 'FS' or 'A' in the header of the column.

Column 'Examiners initials when test completed':

• The examiner puts his initials behind each item that is successfully passed.
• Items that are not (yet) been evaluated positively are not signed.
• Items that are already signed off in the column 'exam', but are evaluated as failed in a re-examination: Cross out the initials of the original examiner plus explain the situation in the remarks section of the 'Skill Test and Proficiency Check Report form.

Column 'Exam':

• Item passed: +
• Item failed: -
• Item repeated: -/+ or -/-

Column 'Re-Exam':

• Use only in case of a re-exam.
• At the top of each page: Authorization Number examiner re-exam + initials.
• Complete as column Exam.
• Items passed also sign in the column 'Examiners initials’.
• Items passed on the original exam, but failed on the re-exam should be noted as - or - / - in this column.

4. Instructions for the Skill Test and Proficiency Check Report Form

The form is mostly self explanatory and can be filled in digitally.

5. Grandfathering TRI privileges

Due to a change in EU legislation, the restrictions of the TRI privileges will be annotated on the licence under ‘Remarks and Restrictions’ against the appropriate TRI certificate, along with the endorsements mentioned in GM1 FCL.910.TRI. In The Netherlands, these endorsements will be applied by 1 November 2020.

TRI(A)
A TRI(A) who was qualified to deliver LIFUS, LT and or instruction for TRI’s and SFI’s by 1 November 2020 but where this is not mentioned on the licence yet, “grandfather rights” will be applied. When the candidate can prove he or she is qualified to deliver LIFUS, LT and/or instruction of TRI’s and SFI’s on type, this will be mentioned on the licence per TRI(A) certification per type.

The candidate shall demonstrate the “grandfather rights” to the TRE(A) during the revalidation or renewal of the TRI(A) certificate. The TRE(A) will mention the “grandfather rights” on the skill test report form or on the KIWA application form “Aanvraag afgifte/verlenging/ hernieuwde afgifte instructeurscertificaat” as illustrated in the Instruction “Grandfathering TRI privileges”.
Behind “grandfather rights” the TRE(A) notes the following, whereby the different “grandfather rights” will be separated by a comma:

• “NIL” in case the candidate only has a restricted TRI and no “grandfather rights”;
• “LIFUS” in case the candidate is qualified to instruct for LIFUS on type in order to obtain a type rating (as mentioned in AMC2 ORA.ATO.125). This does not include LIFUS as part of the Operator Conversion Course (ORO.FC.220);
• “LT” in case the candidate is qualified to instruct for LT on type;
• “TRI/SFI” in case the candidate is qualified to instruct for a TRI and SFI certificate on type.

TRI(H)
A TRI(H) who was qualified to deliver instruction for TRI’s and SFI’s by 1 November 2020 but where this is not mentioned on the licence yet, “grandfather rights” will be applied. When the candidate can prove he or she is qualified to deliver instruction of TRI’s and SFI’s on type, this will be mentioned on the licence per TRI(H) certification per type.

The candidate shall demonstrate the “grandfather rights” to the TRE(H) during the revalidation or renewal of the TRI(H) certificate. The TRE(H) will mention the “grandfather rights” on the skill test report form or on the Kiwa application form “Aanvraag afgifte/verlenging/ hernieuwde afgifte instructeurscertificaat” as illustrated in the Instruction “Grandfathering TRI privileges”.
Behind “grandfather rights” the TRE(H) notes the following, whereby the different “grandfather rights” will be separated by a comma:

• “NIL” in case the candidate only has a restricted TRI and no “grandfather rights”;
• “TRI/SFI” in case the candidate is qualified to instruct for a TRI and SFI certificate on type.

6. Submitting documents

After completion of the skill test, proficiency check or assessment of competence, the examiner shall give the original report to the candidate and send copies to the authority responsible for the licence of the candidate (nl.luchtvaart@kiwa.nl ) and a report to the authority responsible for the certificate of the examiner (FCL.1030 (b) (3)).
This report shall contain a copy of:

• the Skill Test and Proficiency Check Report Form
• the applicable Flight Test Schedule, or
• the 'Instructor Assessment of Competence Report Form'.

and a copy of:

• the statement of the ATO which confirms the required training has been completed (if applicable).
• the FSTD approval certificate (if applicable)
• the examiner's licence (both sides if relevant).
• the examiner's certificate (both sides if relevant).
• the examiners medical certificate (if relevant)
• the endorsed licence (both sides if relevant)

For the initial issue of a licence, rating or certificate the candidate shall submit the form ‘Aanvraag bewijs van bevoegdheid vliegtuigen (A) of helicopters (H)' and the documents indicated in item 6 of the Dutch version of that form.
This form is published on the website of KIWA Register. 

The report of the examiner, and the request of the candidate shall both be sent by mail to:
KIWA Register
Postbus 4
2280 AA Rijswijk
The Netherlands

Or electronically by a scan of good quality (preferably PDF) to NL.luchtvaart@kiwa.nl 

7. Record keeping

The flight test form and any other personal information may only be passed on to CAA NL, the examiner’s own Authority as required, and to the pilot’s employer (with the consent of the pilot). No information may be passed on to others.

According to FCL.1030, the examiner shall maintain records for 5 years with details of all skill tests, proficiency checks, and Assessments of Competence performed and their results. 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.

These records have to be stored in such a way that the personal integrity will not be in danger.

Directive 95/46/EC is the reference text, at EU level, on the protection of personal data.
The Directive aims to protect the rights and freedoms of persons with respect to the processing of personal data by laying down guidelines determining when this processing is lawful.

Guidelines:

• Personal data must be collected for specified, explicit and legitimate purposes.
• Personal data must be processed fairly and lawfully.
• Personal data must be accurate and, where necessary, kept up to date.
• Personal data may be processed only if the data subject has unambiguously given his/her consent.
• It is forbidden to process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, etc
• The data subject has the right to object, on legitimate grounds, to the processing of data relating to him/her.
• Personal data must not be transferred to other countries without adequate protection.
• Personal information must be protected against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.

CAA NL is not liable for any personal harm, damages and other consequences originating from the conduct of tests, checks or AoC's. CAA NL does not provide any insurance during test, checks or AoC's. This is the responsibility of the examiner or the PIC.

The examiner is fully responsible for the safety during the test or check, in the simulator or when acting as PIC in an aircraft.

Any comment on, complaint about or disagreement with, an examiners evaluation, assessment, behavior or method of conducting the test or check shall be reported to the authority that issued the examiners certificate.

CAA NL will sample skill test, proficiency checks or assessments of competence according to a published national oversight program (ARA.FCL.205(a)).

CAA NL does not pay financial compensations for expenses or services rendered. The examiner shall arrange those with the training organisation or the candidate.

If the examiner suspects that a pilot does not comply with the requirements of Part-FCL, Part-Med or any other applicable operational requirements, the examiner shall immediately contact CAA NL.

As a part of the monitoring program for examiners as mentioned in ARA.FCL.205 any proficiency check or skill test performed on a Dutch licence holder may be subject to supervision. If the supervision is unsatisfactory the authority that issued the examiner’s certificate will be notified.

For all issues regarding licences, instructor-certificates and examiners:

Human Environment and Transport Inspectorate (ILT)
Postbus 16191
2500 BD Den Haag
the Netherlands

Tel: +31 88 489 0000
E-mail: postvakexaminatoren@ilent.nl 
Internet: http://www.ilent.nl

For notification of tests, checks and AoC’s (see chapter 6):

E-mail: notification@ilent.nl