Commission Regulation (EC) No 859/2008

of 20 August 2008

amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation [1], and in particular Article 11(1) thereof,

Whereas:

(1) Regulation (EEC) No 3922/91 provides that the Commission shall adopt the amendments to the common technical requirements and administrative procedures listed in Annex III thereto which are necessitated by scientific and technical progress;

(2) Annex III to Regulation (EEC) No 3922/91 is based on a set of harmonised rules adopted by the Joint Aviation Authorities (JAA) called Joint Aviation Requirements for Commercial Air Transportation (Aeroplanes) (JAR-OPS 1).

(3) Regulation (EEC) 8/2008 [2].updated Annex III in order to reflect the amendments made to JAR-OPS since 1 January 2005 (Amendments 9 to 12) before the date on which that Annex will become applicable ( 16 July 2008)

(4) On the basis of further work conducted by the European Air Safety Agency, and pending the adoption of the implementing regulations provided in Regulation (EC) 8/2008, that Annex should be amended again in order to include certain detailed technical and operational requirements relating to the most crucial safety elements of that Annex.

(5) These new requirements should be applicable without delay. However, a lead time is needed by the industry and the authorities for the implementation of complex provisions pertaining to all weather operations and cabin crew training;

(6) Annex III to Regulation (EEC) No 3922/91 should therefore be amended accordingly.

(7) The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee established by Article 12 of Regulation (EEC) No 3922/91,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Council Regulation (EEC) No 3922/1991 is replaced by the Annex to this Regulation.

Article 2

1. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

2. The provisions of the Annex of this Regulation concerning OPS 1.1005, OPS 1.1010, OPS 1.1015, Appendix 1 to OPS 1.1005, Appendix 1 to OPS 1.1010, Appendix 1 to OPS 1.1015 and Appendix 3 to OPS 1.1005/1.1010/1.1015 shall apply from 16 July 2009.

3. The provisions of the Annex of this Regulation concerning OPS 1.430, OPS 1.435, OPS 1.440, OPS 1.450, OPS 1.455, OPS 1.460, Appendix 1 to OPS 1.430, Appendix 1 to OPS 1.440, Appendix 1 to OPS 1.450 and Appendix 1 to OPS 1.455 shall apply from 16 July 2011.

4. Pending the application of the provisions referred to in paragraphs 2 and 3, the corresponding provisions of the Annex to Regulation (EEC) 8/2008 shall continue to apply.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 August 2008.

For the Commission

Antonio Tajani

Vice-President

[1] OJ L 373, 31.12.1991, p. 4.

[2] OJ L 10, 12.1.2008, p. 1

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ANNEX

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ANNEX III

Common technical requirements and administrative procedures applicable to commercial transportation by aircraft

OPS 1: Commercial air transportation (aeroplanes)

Contents (General layout)

SUBPART A | — | Applicability and definitions |

SUBPART B | — | General |

SUBPART C | — | Operator certification and supervision |

SUBPART D | — | Operational procedures |

SUBPART E | — | All weather operations |

SUBPART F | — | Performance general |

SUBPART G | — | Performance Class A |

SUBPART H | — | Performance Class B |

SUBPART I | — | Performance Class C |

SUBPART J | — | Mass and balance |

SUBPART K | — | Instruments and equipment |

SUBPART L | — | Communication and navigation equipment |

SUBPART M | — | Aeroplane maintenance |

SUBPART N | — | Flight crew |

SUBPART O | — | Cabin crew |

SUBPART P | — | Manuals, logs and records |

SUBPART Q | — | Flight and duty time limitations and rest requirements |

SUBPART R | — | Transport of dangerous goods by air |

SUBPART S | — | Security |

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