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Document 02012R0965-20220609

Consolidated text: Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council

ELI: http://data.europa.eu/eli/reg/2012/965/2022-06-09

02012R0965 — EN — 09.06.2022 — 020.001


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COMMISSION REGULATION (EU) No 965/2012

of 5 October 2012

laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council

(OJ L 296 25.10.2012, p. 1)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COMMISSION REGULATION (EU) No 800/2013 of 14 August 2013

  L 227

1

24.8.2013

►M2

COMMISSION REGULATION (EU) No 71/2014 of 27 January 2014

  L 23

27

28.1.2014

►M3

COMMISSION REGULATION (EU) No 83/2014 of 29 January 2014

  L 28

17

31.1.2014

►M4

COMMISSION REGULATION (EU) No 379/2014 of 7 April 2014

  L 123

1

24.4.2014

►M5

COMMISSION REGULATION (EU) 2015/140 of 29 January 2015

  L 24

5

30.1.2015

►M6

COMMISSION REGULATION (EU) 2015/640 of 23 April 2015

  L 106

18

24.4.2015

►M7

COMMISSION REGULATION (EU) 2015/1329 of 31 July 2015

  L 206

21

1.8.2015

►M8

COMMISSION REGULATION (EU) 2015/2338 of 11 December 2015

  L 330

1

16.12.2015

►M9

COMMISSION REGULATION (EU) 2016/1199 of 22 July 2016

  L 198

13

23.7.2016

►M10

COMMISSION REGULATION (EU) 2017/363 of 1 March 2017

  L 55

1

2.3.2017

►M11

COMMISSION REGULATION (EU) 2018/394 of 13 March 2018

  L 71

1

14.3.2018

►M12

COMMISSION REGULATION (EU) 2018/1042 of 23 July 2018

  L 188

3

25.7.2018

 M13

Amended by: COMMISSION IMPLEMENTING REGULATION (EU) 2020/745 of 4 June 2020

  L 176

11

5.6.2020

►M14

COMMISSION IMPLEMENTING REGULATION (EU) 2018/1975 of 14 December 2018

  L 326

53

20.12.2018

►M15

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1384 of 24 July 2019

  L 228

106

4.9.2019

►M16

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1387 of 1 August 2019

  L 229

1

5.9.2019

 M17

Amended by: COMMISSION IMPLEMENTING REGULATION (EU) 2020/1176 of 7 August 2020

  L 259

10

10.8.2020

►M18

COMMISSION IMPLEMENTING REGULATION (EU) 2020/2036 of 9 December 2020

  L 416

24

11.12.2020

 M19

COMMISSION IMPLEMENTING REGULATION (EU) 2021/1062 of 28 June 2021

  L 229

3

29.6.2021

►M20

COMMISSION IMPLEMENTING REGULATION (EU) 2021/1296 of 4 August 2021

  L 282

5

5.8.2021

 M21

COMMISSION IMPLEMENTING REGULATION (EU) 2022/414 of 11 March 2022

  L 85

4

14.3.2022

 M22

COMMISSION IMPLEMENTING REGULATION (EU) 2022/790 of 19 May 2022

  L 141

13

20.5.2022


Corrected by:

 C1

Corrigendum, OJ L 230, 6.9.2019, p.  10 (2019/1384)




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COMMISSION REGULATION (EU) No 965/2012

of 5 October 2012

laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council



▼M4

Article 1

Subject matter and scope

▼M14

1.  
This Regulation lays down detailed rules for air operations with aeroplanes and helicopters, including ramp inspections of aircraft of operators under the safety oversight of another State when landed at aerodromes located in the territory subject to the provisions of the Treaties.
2.  
This Regulation also lays down detailed rules on the conditions for issuing, maintaining, amending, limiting, suspending or revoking the certificates of operators of aircraft referred to in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139, except for balloons and sailplanes, engaged in commercial air transport operation, the privileges and responsibilities of the holders of certificates as well as conditions under which operations shall be prohibited, limited or subject to certain conditions in the interest of safety;
3.  
This Regulation also lays down detailed rules on the conditions and procedures for the declaration by operators engaged in commercial specialised operations of aeroplanes and helicopters or in non-commercial operation of complex motor-powered aircraft, including non-commercial specialised operations of complex motor-powered aircraft, of their capability and the availability of the means to discharge the responsibilities associated with the operation of aircraft, and for the oversight of such operators.

▼M4

4.  
This Regulation also lays down detailed rules on the conditions under which certain high risk commercial specialised operations shall be subject to authorisation in the interest of safety, and on the conditions for issuing, maintaining, amending, limiting, suspending or revoking the authorisations.
5.  
This Regulation shall not apply to air operations within the scope of Article 1(2)(a) of Regulation (EC) No 216/2008.

▼M11

6.  
This Regulation shall not apply to air operations with airships.

▼M14

7.  
This Regulation shall not apply to air operations with balloons and sailplanes. However, in respect of such air operations with balloons, other than tethered gas balloons, and sailplanes, the requirements in respect of oversight of Article 3 shall apply.

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Article 2

Definitions

For the purposes of this Regulation:

▼M14

(1) 

‘aeroplane’ means an engine-driven fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings;

(1a) 

‘helicopter’ means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes;

(1b) 

‘balloon’ means a manned lighter-than-air aircraft which is not power-driven and sustains flight through the use of either a lighter-than-air gas or an airborne heater, including gas balloons, hot-air balloons, mixed balloons and, although power-driven, hot-air airships;

▼M14

(1c) 

‘sailplane’ means a heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine;

(1d) 

‘commercial operation’ means any operation of an aircraft, in return for remuneration or other valuable consideration, which is available for the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator;

(1e) 

‘tethered gas balloon’ means a gas balloon with a tether system that continuously anchors the balloon to a fixed point during operation;

▼B

(2) 

‘performance class B aeroplanes’ means aeroplanes powered by propeller engines with a maximum operational passenger seating configuration of nine or less and a maximum take-off mass of 5 700 kg or less;

(3) 

‘public interest site (PIS)’ means a site used exclusively for operations in the public interest;

(4) 

‘operation in performance class 1’ means an operation that, in the event of failure of the critical engine, the helicopter is able to land within the rejected take-off distance available or safely continue the flight to an appropriate landing area, depending on when the failure occurs;

▼M1

(5) 

‘performance-based navigation (PBN)’ means area navigation based on performance requirements for aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace;

▼M3

(6) 

‘air taxi operation’ means, for the purpose of flight time and duty time limitations, a non-scheduled on demand commercial air transport operation with an aeroplane with a maximum operational passenger seating configuration (‘MOPSC’) of 19 or less;

▼M15

(7) 

‘specialised operation’ means any operation, other than commercial air transport operation, where the aircraft is used for specialised activities such as agriculture, construction, photography, surveying, observation and patrol, aerial advertisement, maintenance check flights;

▼M4

(8) 

‘high risk commercial specialised operation’ means any commercial specialised aircraft operation carried out over an area where the safety of third parties on the ground is likely to be endangered in the event of an emergency, or, as determined by the competent authority of the place where the operation is conducted, any commercial specialised aircraft operation that, due to its specific nature and the local environment in which it is conducted, poses a high risk, in particular to third parties on the ground;

▼M14

(9) 

‘introductory flight’ means any operation against remuneration or other valuable consideration consisting of an air tour of short duration for the purpose of attracting new trainees or new members, performed either by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011 ( 1 ) or by an organisation created with the aim of promoting aerial sport or leisure aviation;

▼M4

(10) 

‘competition flight’ means any flying activity where the aircraft is used in air races or contests, as well as where the aircraft is used to practice for air races or contests and to fly to and from racing or contest events;

(11) 

‘flying display’ means any flying activity deliberately performed for the purpose of providing an exhibition or entertainment at an advertised event open to the public, including where the aircraft is used to practice for a flying display and to fly to and from the advertised event.

▼B

Additional definitions are laid down in Annex I for the purposes of Annexes II to ►M4  VIII ◄ .

Article 3

Oversight capabilities

1.  
Member States shall designate one or more entities as the competent authority within that Member State with the necessary powers and allocated responsibilities for the certification and oversight of persons and organisations subject to Regulation (EC) No 216/2008 and its implementing rules.

▼M11

The administration and management systems of the competent authorities of the Member States and of the Agency shall comply with the requirements specified in Annex II.

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2.  

If a Member State designates more than one entity as competent authority:

(a) 

the areas of competence of each competent authority shall be clearly defined in terms of responsibilities and geographic limitation; and

(b) 

coordination shall be established between those entities to ensure effective oversight of all organisations and persons subject to Regulation (EC) No 216/2008 and its implementing rules within their respective remits.

3.  
Member States shall ensure that the competent authority(ies) has(ve) the necessary capability to ensure the oversight of all persons and organisations covered by their oversight programme, including sufficient resources to fulfil the requirements of this Regulation.
4.  
Member States shall ensure that competent authority personnel do not perform oversight activities when there is evidence that this could result directly or indirectly in a conflict of interest, in particular when relating to family or financial interest.
5.  

Personnel authorised by the competent authority to carry out certification and/or oversight tasks shall be empowered to perform at least the following tasks:

(a) 

examine the records, data, procedures and any other material relevant to the execution of the certification and/or oversight task;

(b) 

take copies of or extracts from such records, data, procedures and other material;

(c) 

ask for an oral explanation on site;

(d) 

enter relevant premises, operating sites or means of transport;

(e) 

perform audits, investigations, assessments, inspections, including ramp inspections and unannounced inspections;

(f) 

take or initiate enforcement measures as appropriate.

6.  
The tasks under paragraph 5 shall be carried out in compliance with the legal provisions of the relevant Member State.

▼M12

Article 4

Ramp inspections

1.  
Ramp inspections of aircraft of operators under the safety oversight of another Member State or of a third country shall be carried out in accordance with Subpart RAMP of Annex II.
2.  
Member States shall ensure that alcohol testing of flight crew and cabin crew members is carried out with regard to operators under their own oversight as well as with regard to operators under the oversight of another Member State or of a third country. Such testing shall be performed by ramp inspectors within the framework of the ramp inspection programme of Subpart RAMP of Annex II.
3.  
By way of derogation from paragraph 2, Member States may ensure alcohol testing of flight crew and cabin crew members to be carried out by other authorised officials and outside the framework of the ramp inspection programme of Subpart RAMP of Annex II, provided that such alcohol testing meets the same objectives and adheres to the same principles as tests carried out under the framework of Subpart RAMP of Annex II. Results of such alcohol tests shall be included in the centralised database in accordance with point (b) of ARO.RAMP.145.
4.  
Member States may carry out additional testing for psychoactive substances other than alcohol. In that case, the Member State shall notify the European Aviation Safety Agency (‘the Agency’) and the Commission.

▼B

Article 5

Air operations

▼M14

1.  
Operators shall only operate an aeroplane or a helicopter for the purpose of commercial air transport (hereinafter ‘CAT’) operations as specified in Annexes III and IV.

▼M4

1a.  
Operators engaged in CAT operations starting and ending at the same aerodrome/operating site with Performance class B aeroplanes or non-complex helicopters shall comply with the relevant provisions of Annexes III and IV.

▼B

2.  

►M1  ————— ◄ Operators shall comply with the relevant provisions of Annex V when operating:

(a) 

aeroplanes and helicopters used for:

(i) 

operations using performance-based navigation (PBN);

(ii) 

operations in accordance with minimum navigation performance specifications (MNPS);

(iii) 

operations in airspace with reduced vertical separation minima (RVSM);

(iv) 

low visibility operations (LVO);

▼M14

(b) 

aeroplanes and helicopters used for the transport of dangerous goods (DG);

▼B

(c) 

two-engined aeroplanes used for extended range operations (ETOPS) in commercial air transport;

(d) 

helicopters used for commercial air transport operations with the aid of night vision imaging systems (NVIS);

(e) 

helicopters used for commercial air transport hoist operations (HHO); ►M9  ————— ◄

(f) 

helicopters used for commercial air transport emergency medical service operations (HEMS); and

▼M9

(g) 

helicopters used for offshore operations (HOFO).

▼M4

3.  
Operators of complex motor-powered aeroplanes and helicopters involved in non-commercial operations shall declare their capability and means to discharge their responsibilities associated with the operation of aircraft and operate the aircraft in accordance with the provisions specified in Annex III and Annex VI. Such operators when engaged in non-commercial specialised operations shall operate the aircraft in accordance with the provisions specified in Annex III and VIII instead.

▼M14

4.  
Operators of other-than-complex motor-powered aeroplanes and helicopters involved in non-commercial operations, including non-commercial specialised operations, shall operate the aircraft in accordance with the provisions set out in Annex VII.
5.  

Training organisations referred to in Article 10a of Regulation (EU) No 1178/2011 and having their principal place of business in a Member State shall, when conducting flight training into, within or out of the Union, operate:

(a) 

complex motor-powered aeroplanes and helicopters in accordance with the provisions specified in Annex VI;

(b) 

other aeroplanes and helicopters in accordance with the provisions specified in Annex VII.

6.  
Operators shall only operate an aeroplane or a helicopter for the purpose of commercial specialised operations in accordance with the requirements in Annexes III and VIII.

▼M4

7.  
Flights taking place immediately before, during or immediately after specialised operations and directly connected to those operations shall be operated in accordance with paragraphs 3, 4 and 6, as applicable. ►M5  Except for crew members, persons other than those indispensable to the mission shall not be carried on board. ◄

▼B

Article 6

Derogations

▼M4 —————

▼B

►M5

 

2.  
By way of derogation from Article 5(1), aircraft referred to in Article 4(5) of Regulation (EC) No 216/2008 shall, in the case of aeroplanes, be operated under the conditions set out in Commission Decision C(2009) 7633 of 14 October 2009 when used in CAT operations. ◄ Any change to the operation that affects the conditions set out in that Decision shall be notified to the Commission and the European Aviation Safety Agency (hereinafter ‘the Agency’) before the change is implemented.

A Member State, other than an addressee of Decision C(2009)7633, which intends to use the derogation provided for in that Decision shall notify its intention to the Commission and the Agency before the derogation is implemented. The Commission and the Agency shall assess to what extent the change or the intended use deviates from the conditions of Decision C(2009)7633 or impacts on the initial safety assessment performed in the context of that Decision. If the assessment shows that the change or the intended use does not correspond to the initial safety assessment done for Decision C(2009)7633, the Member State concerned shall submit a new derogation request in accordance with Article 14(6) of Regulation (EC) No 216/2008.

▼M14

3.  

By way of derogation from Article 5 of this Regulation and without prejudice to point (b) of Article 18(2) of Regulation (EU) 2018/1139 and to Subpart P of Annex I to Commission Regulation (EU) No 748/2012 ( 2 ) concerning the permit to fly, the following flights shall continue to be operated under the requirements specified in the national law of the Member State in which the operator has its principal place of business, or, where the operator has no principal place of business, the place where the operator is established or resides:

(a) 

flights related to the introduction or modification of aeroplane or helicopter types conducted by design or production organisations within the scope of their privileges;

▼M15

(b) 

flights carrying no passengers or cargo, where the aeroplane or helicopter is ferried for refurbishment, repair, inspections, delivery, export or similar purposes, provided that the aircraft is not listed on an air operator certificate or on a declaration.

▼M9

4.  
Notwithstanding Article 5, Member States may, until 30 June 2018, continue to require a specific approval and additional requirements regarding operational procedures, equipment, crew qualification and training for CAT helicopter offshore operations in accordance with their national law. Member States shall notify the Commission and the Agency of the additional requirements being applied to such specific approvals. Those requirements shall not be less restrictive than those of Annexes III and IV.

▼M14

4a.  

By way of derogation from Article 5(1) and (6), the following operations with other-than-complex motor-powered aeroplanes and helicopters may be conducted in accordance with Annex VII:

▼M4

(a) 

cost-shared flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six;

(b) 

competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority;

▼M14

(c) 

introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation.

▼M10

5.  
Until 2 September 2017, exemptions granted before 22 March 2017 in accordance with Article 8(2) of Regulation (EEC) No 3922/91, as provided for in Article 6(5) of Regulation (EU) No 965/2012 as applicable before 22 March 2017, shall be considered to constitute approvals referred to in point (a) of CAT.POL.A.300 of Annex IV (Part-CAT). After 2 September 2017, those exemptions shall no longer be valid for the operation of single-engined aeroplanes.

If any change to the operation of those aeroplanes that affects the conditions set out in those exemptions is envisaged between 22 March 2017 and 2 September 2017, that envisaged change shall be notified to the Commission and the Agency before it is implemented. The Commission and the Agency shall assess the envisaged change in accordance with Article 14(5) of Regulation (EC) No 216/2008.

▼B

6.  
Existing helicopter operations to/from a public interest site (PIS) may be conducted in derogation to CAT.POL.H.225 of Annex IV whenever the size of the PIS, the obstacle environment or the helicopter does not permit compliance with the requirements for operation in performance class 1. Such operations shall be conducted under conditions determined by Member States. Member States shall notify the Commission and the Agency of the conditions being applied.

▼M9 —————

▼M9

8.  
By way of derogation from the first sentence of Article 5(3), operators of complex motor-powered aeroplanes with a maximum certificated take-off mass (MCTOM) at or below 5 700 kg, equipped with turboprop engines, involved in non-commercial operations, shall operate those aircraft only in accordance with Annex VII.
9.  
By way of derogation from Article 5(5)(a), training organisations shall, when conducting flight training on complex motor-powered aeroplanes with a maximum certificated take-off mass (MCTOM) at or below 5 700 kg, equipped with turboprop engines, operate those aircraft in accordance with Annex VII.

▼B

Article 7

Air operator certificates

1.  
Air operator certificates (AOCs) issued by a Member State to CAT operators of aeroplanes before this Regulation applies in accordance with Regulation (EEC) No 3922/91 shall be deemed to have been issued in accordance with this Regulation.

However, no later than 28 October 2014:

(a) 

operators shall adapt their management system, training programmes, procedures and manuals to be compliant with Annexes III, IV and V, as relevant;

(b) 

the AOC shall be replaced by certificates issued in accordance with Annex II to this Regulation.

2.  
AOCs issued by a Member State to CAT operators of helicopters before this Regulation applies shall be converted into AOCs compliant with this Regulation in accordance with a conversion report established by the Member State that issued the AOC, in consultation with the Agency.

The conversion report shall describe:

(a) 

the national requirements on the basis of which the AOCs were issued;

(b) 

the scope of privileges that were given to the operators;

(c) 

the differences between the national requirements on the basis of which the AOCs were issued and the requirements of Annexes III, IV and V, together with an indication of how and when the operators will be required to ensure full compliance with those Annexes.

The conversion report shall include copies of all documents necessary to demonstrate the elements set out in points (a) to (c), including copies of the relevant national requirements and procedures.

▼M11

Article 8

Flight time limitations

1.  
CAT operations shall be subject to the requirements of Subpart FTL of Annex III.
2.  
By way of derogation from paragraph 1, air taxi, emergency medical service and single pilot CAT operations by aeroplanes shall be subject to the requirements specified in the national law referred to in Article 8(4) of Regulation (EEC) No 3922/91 and in Subpart Q of Annex III to that Regulation.
3.  
By way of derogation from paragraph 1, CAT operations with helicopters and CAT operations with sailplanes shall comply with the requirements specified in the national law of the Member State in which the operator has its principal place of business.
4.  
Non-commercial operations, including non-commercial specialised operations, with complex motor-powered aeroplanes and helicopters, as well as commercial specialised operations with aeroplanes, helicopters and sailplanes shall comply as regards flight time limitations, with the requirements specified in the national law of the Member State in which the operator has its principal place of business, or, where the operator has no principal place of business, the place where the operator is established or resides.

▼M2

Article 9

Minimum equipment lists

Minimum equipment lists (‘MEL’) approved by the State of Operator or Registry before the application of this Regulation, are deemed to be approved in accordance with this Regulation and may continue to be used by the operator.

After the entry into force of this Regulation any change to the MEL referred to in the first subparagraph for which a Master Minimum Equipment List (‘MMEL’) is established as part of the operational suitability data in accordance with Commission Regulation (EU) No 748/2012 ( 3 ) shall be made in compliance with point ORO.MLR.105 of Section 2 of Annex III to this Regulation at the earliest opportunity and not later than 18 December 2017 or two years after the operational suitability data was approved, whichever is the latest.

Any change to an MEL referred to in the first subparagraph, for which an MMEL has not been established as part of the operational suitability data, shall continue to be made in accordance with the MMEL accepted by the State of Operator or Registry as applicable.

▼M2

Article 9a

Flight and cabin crew training

Operators shall ensure that flight crew and cabin crew members who are already in operation and have completed training in accordance with Subparts FC and CC of Annex III which did not include the mandatory elements established in the relevant operational suitability data, undertake training covering those mandatory elements not later than 18 December 2017 or two years after the approval of the operational suitability data, whichever is the latest.

▼M16

Article 9aa

Flight crew requirements for maintenance check flights

A pilot having acted, before 25 September 2019, as a pilot-in-command on a maintenance check flight that in accordance with the definition in point SPO.SPEC.MCF.100 in Annex VIII is categorised as a Level A maintenance check flight, shall be given credit for the purpose of complying with point SPO.SPEC.MCF.115(a)(1) of that Annex. In that case, the operator shall ensure that the pilot-in-command receives a briefing on any differences identified between the operating practices established before 25 September 2019 and the obligations provided in Section 5 of Subpart E of Annex VIII to this Regulation including those derived from the related procedures established by the operator.

▼M12

Article 9b

Review

1.  
The Agency shall conduct a continuous review of the effectiveness of the provisions concerning flight and duty time limitations and rest requirements contained in Annexes II and III. No later than 18 February 2019 the Agency shall produce a first report on the results of this review.

That review shall involve scientific expertise and shall be based on operational data gathered, with the assistance of Member States, on a long-term basis after the date of application of this Regulation.

The review shall assess the impact of at least the following on the alertness of aircrew:

(a) 

duties of more than 13 hours at the most favourable times of the day;

(b) 

duties of more than 10 hours at less favourable times of the day;

(c) 

duties of more than 11 hours for crew members in an unknown state of acclimatisation;

(d) 

duties including a high level of sectors (more than 6);

(e) 

on-call duties such as standby or reserve followed by flight duties; and

(f) 

disruptive schedules.

2.  
The Agency shall conduct a continuous review of the effectiveness of the provisions concerning support programmes, the psychological assessment of flight crew and the systematic and random testing of psychoactive substances to ensure the medical fitness of flight crew and cabin crew members set out in Annexes II and IV. No later than 14 August 2022, the Agency shall produce a first report on the results of this review.

That review shall involve relevant expertise and shall be based on data gathered, with the assistance of Member States and the Agency, on a long-term basis.

▼M9

Article 10

Entry into force

►M14  ————— ◄   
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

▼M14

It shall apply from 28 October 2012.

▼M14 —————

▼B

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




ANNEX I

▼M4

Definitions for terms used in Annexes II to VIII

▼B

For the purpose of this Regulation, the following definitions shall apply:

(1) 

‘accelerate-stop distance available (ASDA)’ means the length of the take-off run available plus the length of stopway, if such stopway is declared available by the State of the aerodrome and is capable of bearing the mass of the aeroplane under the prevailing operating conditions;

(2) 

‘acceptable means of compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules;

(3) 

‘acceptance checklist’ means a document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met with;

(4) 

‘adequate aerodrome’ means an aerodrome on which the aircraft can be operated, taking account of the applicable performance requirements and runway characteristics;

(5) 

For the purpose of passenger classification:

(a) 

‘adult’ means a person of an age of 12 years and above;

(b) 

‘child/children’ means persons who are of an age of two years and above but who are less than 12 years of age;

(c) 

‘infant’ means a person under the age of two years;

▼M14 —————

▼B

(7) 

‘aided night vision imaging system (NVIS) flight’ means, in the case of NVIS operations, that portion of a visual flight rules (VFR) flight performed at night when a crew member is using night vision goggles (NVG);

(8) 

‘aircraft’ means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;

▼M8

(8a) 

‘aircraft tracking’ means a ground based process that maintains and updates, at standardised intervals, a record of the four dimensional position of individual aircraft in flight;

(8b) 

‘aircraft tracking system’ means a system that relies on aircraft tracking in order to identify abnormal flight behaviour and provide alert;

▼B

(9) 

‘alternative means of compliance’ means those means that propose an alternative to an existing acceptable means of compliance or those that propose new means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules for which no associated AMC have been adopted by the Agency;

(10) 

‘anti-icing’, in the case of ground procedures, means a procedure that provides protection against the formation of frost or ice and accumulation of snow on treated surfaces of the aircraft for a limited period of time (hold-over time);

▼M1

(11) 

‘approach procedure with vertical guidance (APV) operation’ means an instrument approach which utilises lateral and vertical guidance, but does not meet the requirements established for precision approach and landing operations, with a decision height (DH) not lower than 250 ft and a runway visual range (RVR) of not less than 600 m;

▼M14 —————

▼B

►M1  (12) ◄  

‘cabin crew member’ means an appropriately qualified crew member, other than a flight crew or technical crew member, who is assigned by an operator to perform duties related to the safety of passengers and flight during operations;

►M1  (13) ◄  

‘category I (CAT I) approach operation’ means a precision instrument approach and landing using an instrument landing system (ILS), microwave landing system (MLS), GLS (ground-based augmented global navigation satellite system (GNSS/GBAS) landing system), precision approach radar (PAR) or GNSS using a satellite-based augmentation system (SBAS) with a decision height (DH) not lower than 200 ft and with a runway visual range (RVR) not less than 550 m for aeroplanes and 500 m for helicopters;

►M1  (14) ◄  

‘category II (CAT II) operation’ means a precision instrument approach and landing operation using ILS or MLS with:

(a) 

DH below 200 ft but not lower than 100 ft; and

(b) 

RVR of not less than 300 m;

►M1  (15) ◄  

‘category IIIA (CAT IIIA) operation’ means a precision instrument approach and landing operation using ILS or MLS with:

(a) 

DH lower than 100 ft; and

(b) 

RVR not less than 200 m;

►M1  (16) ◄  

‘category IIIB (CAT IIIB) operation’ means a precision instrument approach and landing operation using ILS or MLS with:

(a) 

DH lower than 100 ft, or no DH; and

(b) 

RVR lower than 200 m but not less than 75 m;

▼M15

(17) 

‘category A with respect to helicopters’ means a multi-engined helicopter designed with engine and system isolation features specified in the applicable certification specification and capable of operations using take-off and landing data scheduled under a critical engine failure concept that assures adequate designated surface area and adequate performance capability for continued safe flight or safe rejected take-off in the event of engine failure;

▼B

►M1  (18) ◄  

‘category B with respect to helicopters’ means a single-engined or multi-engined helicopter that does not meet category A standards. Category B helicopters have no guaranteed capability to continue safe flight in the event of an engine failure, and unscheduled landing is assumed;

►M1  (19) ◄  

‘certification specifications’ (CS) means technical standards adopted by the Agency indicating means to show compliance with Regulation (EC) No 216/2008 and its Implementing Rules and which can be used by an organisation for the purpose of certification;

►M1  (20) ◄  

‘circling’ means the visual phase of an instrument approach to bring an aircraft into position for landing on a runway/FATO that is not suitably located for a straight-in approach;

►M1  (21) ◄  

‘clearway’ means a defined rectangular area on the ground or water under the control of the appropriate authority, selected or prepared as a suitable area over which an aeroplane may make a portion of its initial climb to a specified height;

►M1  (22) ◄  

‘cloud base’ means the height of the base of the lowest observed or forecast cloud element in the vicinity of an aerodrome or operating site or within a specified area of operations, normally measured above aerodrome elevation or, in the case of offshore operations, above mean sea level;

▼M16

(22a) 

‘cockpit voice recorder (CVR)’ means a crash-protected flight recorder that uses a combination of microphones and other audio and digital inputs to collect and record the aural environment of the flight crew compartment and communications to, from and between the flight crew members;

▼B

►M1  (23) ◄  

‘code share’ means an arrangement under which an operator places its designator code on a flight operated by another operator, and sells and issues tickets for that flight;

▼M18

(23a) 

‘competency’ means a dimension of human performance that is used to reliably predict successful performance on the job and which is manifested and observed through behaviours that mobilise the relevant knowledge, skills and attitudes to carry out activities or tasks under specified conditions;

(23b) 

‘competency-based training’ means assessment and training programmes that are characterised by a performance orientation, emphasis on standards of performance and their measurement and the development of training to the specified performance standards;

(23c) 

‘competency framework’ means a complete set of identified competencies that are developed, trained and assessed in the operator’s evidence-based training programme utilising scenarios that are relevant to operations and which is wide enough to prepare the pilot for both foreseen and unforeseen threats and errors;

▼B

►M1  (24) ◄  

‘congested area’ means in relation to a city, town or settlement, any area which is substantially used for residential, commercial or recreational purposes;

▼M16

(25) 

‘contaminated runway’ means a runway of which a significant portion of its surface area (whether in isolated areas or not) within the length and width being used is covered by one or more of the substances listed under the runway surface condition descriptors;

▼B

►M1  (26) ◄  

‘contingency fuel’ means the fuel required to compensate for unforeseen factors that could have an influence on the fuel consumption to the destination aerodrome;

►M1  (27) ◄  

‘continuous descent final approach (CDFA)’ means a technique, consistent with stabilised approach procedures, for flying the final-approach segment of a non-precision instrument approach procedure as a continuous descent, without level-off, from an altitude/height at or above the final approach fix altitude/height to a point approximately 15 m (50 ft) above the landing runway threshold or the point where the flare manoeuvre shall begin for the type of aircraft flown;

►M1  (28) ◄  

‘converted meteorological visibility (CMV)’ means a value, equivalent to an RVR, which is derived from the reported meteorological visibility;

►M1  (29) ◄  

‘crew member’ means a person assigned by an operator to perform duties on board an aircraft;

►M1  (30) ◄  

‘critical phases of flight’ in the case of aeroplanes means the take-off run, the take-off flight path, the final approach, the missed approach, the landing, including the landing roll, and any other phases of flight as determined by the pilot-in-command or commander;

►M1  (31) ◄  

‘critical phases of flight’ in the case of helicopters means taxiing, hovering, take-off, final approach, missed approach, the landing and any other phases of flight as determined by the pilot-in-command or commander;

▼M16 —————

▼B

►M1  (33) ◄  

‘dangerous goods (DG)’ means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the technical instructions or which are classified according to those instructions;

►M1  (34) ◄  

‘dangerous goods accident’ means an occurrence associated with and related to the transport of dangerous goods by air which results in fatal or serious injury to a person or major property damage;

►M1  (35) ◄  

‘dangerous goods incident’ means:

(a) 

an occurrence other than a dangerous goods accident associated with and related to the transport of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained;

(b) 

any occurrence relating to the transport of dangerous goods which seriously jeopardises an aircraft or its occupants;

►M1  (36) ◄  

‘de-icing’, in the case of ground procedures, means a procedure by which frost, ice, snow or slush is removed from an aircraft in order to provide uncontaminated surfaces;

►M1  (37) ◄  

‘defined point after take-off (DPATO)’ means the point, within the take-off and initial climb phase, before which the helicopter’s ability to continue the flight safely, with the critical engine inoperative, is not assured and a forced landing may be required;

►M1  (38) ◄  

‘defined point before landing (DPBL)’ means the point within the approach and landing phase, after which the helicopter’s ability to continue the flight safely, with the critical engine inoperative, is not assured and a forced landing may be required;

►M1  (39) ◄  

‘distance DR’ means the horizontal distance that the helicopter has travelled from the end of the take-off distance available;

▼M4

(40) 

‘dry lease agreement’ means an agreement between undertakings pursuant to which the aircraft is operated under the air operator certificate (AOC) of the lessee or, in the case of commercial operations other than CAT, under the responsibility of the lessee;

▼B

►M1  (41) ◄  

‘dry operating mass’ means the total mass of the aircraft ready for a specific type of operation, excluding usable fuel and traffic load;

▼M16

(42) 

‘dry runway’ means a runway whose surface is free of visible moisture and not contaminated within the area intended to be used;

▼M14

(42a) 

‘EFB application’ means a software application installed on an EFB host platform that provides one or more specific operational functions which support flight operations;

(42b) 

‘EFB host platform’ means the hardware equipment in which the computing capabilities and basic software reside, including the operating system and the input/output software;

(42c) 

‘EFB system’ means the hardware equipment (including any battery, connectivity provisions, input/output components) and software (including databases and the operating system) needed to support the intended EFB application(s);

▼M18

(42d) 

‘EBT module’ means a combination of sessions in a qualified flight simulation training device as part of the 3-year period of recurrent assessment and training;

▼M1

(43) 

‘ELA1 aircraft’ means the following manned European Light Aircraft:

(a) 

an aeroplane with a Maximum Take-off Mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft;

(b) 

a sailplane or powered sailplane of 1 200 kg MTOM or less;

(c) 

a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air balloons, 1 050 m3 for gas balloons, 300 m3 for tethered gas balloons;

(44) 

‘ELA2 aircraft’ means the following manned European Light Aircraft:

(a) 

an aeroplane with a Maximum Take-off Mass (MTOM) of 2 000 kg or less that is not classified as complex motor-powered aircraft;

(b) 

a sailplane or powered sailplane of 2 000 kg MTOM or less;

(c) 

a balloon;

(d) 

a Very Light Rotorcraft with a MTOM not exceeding 600 kg which is of a simple design, designed to carry not more than two occupants, not powered by turbine and/or rocket engines; restricted to VFR day operations;

▼M14

(44a) 

‘electronic flight bag (EFB)’ means an electronic information system, comprised of equipment and applications for flight crew, which allows for the storing, updating, displaying and processing of EFB functions to support flight operations or duties;

▼B

►M1  (45) ◄  

‘elevated final approach and take-off area (elevated FATO)’ means a FATO that is at least 3 m above the surrounding surface;

▼M15

(45a) 

‘emergency exit’ means an installed exit-type egress point from the aircraft that allows maximum opportunity for cabin and flight crew compartment evacuation within an appropriate time period and includes floor level door, window exit or any other type of exit, for instance hatch in the flight crew compartment and tail cone exit;

▼B

►M1  (46) ◄  

‘en-route alternate (ERA) aerodrome’ means an adequate aerodrome along the route, which may be required at the planning stage;

►M1  (47) ◄  

‘enhanced vision system (EVS)’ means a system to display electronic real-time images of the external scene achieved through the use of imaging sensors;

▼M18

(47a) 

‘enrolment’ means the administrative action carried out by the operator where a pilot participates in the operator’s EBT programme;

(47b) 

‘enrolled pilot’ means the pilot that participates in the EBT recurrent training programme;

(47c) 

‘equivalency of approachesmeans all the approaches that place an additional demand on a proficient crew regardless of whether they are used or not in the EBT modules;

(47d) 

‘equivalency of malfunctions’ means all the malfunctions that put a significant demand on a proficient crew regardless of whether they are used or not in the EBT modules;

(47e) 

‘evaluation phase’ means one of the phases of an EBT modulewhich is a line-orientated flight scenario, representative of the operator’s environment during which there are one or more occurrences to evaluate key elements of the defined competency framework;

(47f) 

‘evidence-based training (EBT)’ means assessment and training based on operational data that is characterised by developing and assessing the overall capability of a pilot across a range of competencies (competency framework) rather than by measuring the performance in individual events or manoeuvres;

▼B

►M1  (48) ◄  

‘final approach and take-off area (FATO)’ means a defined area for helicopter operations, over which the final phase of the approach manoeuvre to hover or land is completed, and from which the take-off manoeuvre is commenced. In the case of helicopters operating in performance class 1, the defined area includes the rejected take-off area available;

▼M15

(48a) 

‘flight crew member’ means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;

▼B

►M1  (49) ◄  

‘flight data monitoring (FDM)’ means the proactive and non-punitive use of digital flight data from routine operations to improve aviation safety;

▼M15

(49a) 

‘flight operations officer’ or ‘flight dispatcher’ means a person designated by the operator to engage in the control and supervision of flight operations, who is suitably qualified, who supports, briefs or assists, or both, the pilot-in-command in the safe conduct of the flight;

▼M16

(49b) 

‘flight data recorder (FDR)’ means a crash-protected flight recorder that uses a combination of data sources to collect and record parameters that reflect the state and performance of the aircraft;

(49c) 

‘flight recorder’ means any type of recorder that is installed on the aircraft for the purpose of facilitating accident or incident safety investigations;

▼B

►M1  (50) ◄  

‘flight simulation training device (FSTD)’ means a training device which is:

(a) 

in the case of aeroplanes, a full flight simulator (FFS), a flight training device (FTD), a flight and navigation procedures trainer (FNPT), or a basic instrument training device (BITD);

(b) 

in the case of helicopters, a full flight simulator (FFS), a flight training device (FTD) or a flight and navigation procedures trainer (FNPT);

►M1  (51) ◄  

‘fuel ERA aerodrome’ means an ERA aerodrome selected for the purpose of reducing contingency fuel;

►M1  (52) ◄  

‘GBAS landing system (GLS)’ means an approach landing system using ground based augmented global navigation satellite system (GNSS/GBAS) information to provide guidance to the aircraft based on its lateral and vertical GNSS position. It uses geometric altitude reference for its final approach slope;

►M1  (53) ◄  

‘ground emergency service personnel’ means any ground emergency service personnel (such as policemen, firemen, etc.) involved with helicopter emergency medical services (HEMSs) and whose tasks are to any extent pertinent to helicopter operations;

►M1  (54) ◄  

‘grounding’ means the formal prohibition of an aircraft to take-off and the taking of such steps as are necessary to detain it;

►M1  (55) ◄  

‘head-up display (HUD)’ means a display system which presents flight information to the pilot’s forward external field of view and which does not significantly restrict the external view;

►M1  (56) ◄  

‘head-up guidance landing system (HUDLS)’ means the total airborne system that provides head-up guidance to the pilot during the approach and landing and/or missed approach procedure. It includes all sensors, computers, power supplies, indications and controls;

▼M14 —————

▼B

►M1  (58) ◄  

‘helicopter hoist operation (HHO) crew member’ means a technical crew member who performs assigned duties relating to the operation of a hoist;

►M1  (59) ◄  

‘helideck’ means a FATO located on a floating or fixed offshore structure;

►M1  (60) ◄  

‘HEMS crew member’ means a technical crew member who is assigned to a HEMS flight for the purpose of attending to any person in need of medical assistance carried in the helicopter and assisting the pilot during the mission;

►M1  (61) ◄  

‘HEMS flight’ means a flight by a helicopter operating under a HEMS approval, the purpose of which is to facilitate emergency medical assistance, where immediate and rapid transportation is essential, by carrying:

(a) 

medical personnel;

(b) 

medical supplies (equipment, blood, organs, drugs); or

(c) 

ill or injured persons and other persons directly involved;

►M1  (62) ◄  

‘HEMS operating base’ means an aerodrome at which the HEMS crew members and the HEMS helicopter may be on stand-by for HEMS operations;

►M1  (63) ◄  

‘HEMS operating site’ means a site selected by the commander during a HEMS flight for helicopter hoist operations, landing and take-off;

►M1  (64) ◄  

‘HHO flight’ means a flight by a helicopter operating under an HHO approval, the purpose of which is to facilitate the transfer of persons and/or cargo by means of a helicopter hoist;

►M1  (65) ◄  

‘HHO offshore’ means a flight by a helicopter operating under an HHO approval, the purpose of which is to facilitate the transfer of persons and/or cargo by means of a helicopter hoist from or to a vessel or structure in a sea area or to the sea itself;

►M1  (66) ◄  

‘HHO passenger’ means a person who is to be transferred by means of a helicopter hoist;

►M1  (67) ◄  

‘HHO site’ means a specified area at which a helicopter performs a hoist transfer;

►M1  (68) ◄  

‘hold-over time (HoT)’ means the estimated time the anti-icing fluid will prevent the formation of ice and frost and the accumulation of snow on the protected (treated) surfaces of an aeroplane;

▼M9

(69) 

‘hostile environment’ means:

(a) 

an area in which:

(i) 

a safe forced landing cannot be accomplished because the surface is inadequate; or

(ii) 

the helicopter occupants cannot be adequately protected from the elements; or

(iii) 

search and rescue response/capability are not provided consistent with anticipated exposure; or

(iv) 

there is an unacceptable risk of endangering persons or property on the ground;

(b) 

in any case, the following areas:

(i) 

for overwater operations, the open sea area north of 45 N and south of 45 S, unless any part is designated as non-hostile by the responsible authority of the State in which the operations take place; and

(ii) 

those parts of a congested area without adequate safe forced landing areas;

▼M14

(69a) 

‘human–machine interface (HMI)’ means a component of certain devices that is capable of handling human–machine interactions. The interface consists of hardware and software that allow user inputs to be interpreted and processed by machines or systems that, in turn, provide the required results to the user;

▼M18

(69b) 

‘in-seat instruction’ means a technique used in the manoeuvres training phase or the scenario-based training phase, where the instructors can:

(a) 

provide simple instructions to one pilot; or

(b) 

perform predetermined exercises acting, in a pilot seat, as pilot flying (PF) or pilot monitoring (PM) for:

(1) 

the demonstration of techniques; and/or

(2) 

triggering the other pilot to intervene or interact;

(69c) 

‘instructor concordance’ means the consistency or stability of scores between different EBT instructorswhich gives a score (or scores) of how much homogeneity, or consensus, there is in the ratings given by instructors (raters);

▼B

►M1  (70) ◄  

‘landing decision point (LDP)’ means the point used in determining landing performance from which, an engine failure having been recognised at this point, the landing may be safely continued or a balked landing initiated;

▼M16

(70a) 

‘landing distance at time of arrival (LDTA)’ means a landing distance that is achievable in normal operations based on landing performance data and associated procedures determined for the prevailing conditions at the time of landing;

▼B

►M1  (71) ◄  

‘landing distance available (LDA)’ means the length of the runway which is declared available by the State of the aerodrome and suitable for the ground run of an aeroplane landing;

►M1  (72) ◄  

‘landplane’ means a fixed wing aircraft which is designed for taking off and landing on land and includes amphibians operated as landplanes;

▼M18

(72a) 

‘line-orientated flight scenario’ means the assessment and training involving a realistic, ‘real-time’, full mission simulation of scenarios that are representative of line operations;

▼B

►M1  (73) ◄  

‘local helicopter operation’ means a commercial air transport operation of helicopters with a maximum certified take-off mass (MCTOM) over 3 175 kg and a maximum operational passenger seating configuration (MOPSC) of nine or less, by day, over routes navigated by reference to visual landmarks, conducted within a local and defined geographical area specified in the operations manual;

►M1  (74) ◄  

‘low visibility procedures (LVP)’ means procedures applied at an aerodrome for the purpose of ensuring safe operations during lower than standard category I, other than standard category II, category II and III approaches and low visibility take-offs;

►M1  (75) ◄  

‘low visibility take-off (LVTO)’ means a take-off with an RVR lower than 400 m but not less than 75 m;

►M1  (76) ◄  

‘lower than standard category I (LTS CAT I) operation’ means a category I instrument approach and landing operation using category I DH, with an RVR lower than would normally be associated with the applicable DH but not lower than 400 m;

▼M15

(76a) 

‘maintenance check flight (“MCF”)’ means a flight of an aircraft with an airworthiness certificate or with a permit to fly which is carried out for troubleshooting purposes or to check the functioning of one or more systems, parts or appliances after maintenance, if the functioning of the systems, parts or appliances cannot be established during ground checks and which is carried out in any of the following situations:

(a) 

as required by the aircraft maintenance manual (‘AMM’) or any other maintenance data issued by a design approval holder being responsible for the continuing airworthiness of the aircraft;

(b) 

after maintenance, as required by the operator or proposed by the organisation responsible for the continuing airworthiness of the aircraft;

(c) 

as requested by the maintenance organisation for verification of a successful defect rectification;

(d) 

to assist with fault isolation or troubleshooting;

▼M18

(76b) 

‘manoeuvres training phase’ means a phase of an EBT module during which, according to aircraft generation, crews have time to practise and improve performance in largely psychomotor skill-based exercises by achieving a prescribed flight path or performing a prescribed event to a prescribed outcome;

(76c) 

‘mixed EBT programme’ means an operator’s recurrent training and checking programme as per ORO.FC.230, a portion of which is dedicated to the application of EBT but which does not replace proficiency checks as per Appendix 9 to Annex I (Part-FCL) to Regulation (EU) No 1178/2011;

▼B

►M1  (77) ◄  

‘maximum operational passenger seating configuration (MOPSC)’ means the maximum passenger seating capacity of an individual aircraft, excluding crew seats, established for operational purposes and specified in the operations manual. Taking as a baseline the maximum passenger seating configuration established during the certification process conducted for the type certificate (TC), supplemental type certificate (STC) or change to the TC or STC as relevant to the individual aircraft, the MOPSC may establish an equal or lower number of seats, depending on the operational constraints;

►M1  (78) ◄  

‘medical passenger’ means a medical person carried in a helicopter during a HEMS flight, including but not limited to doctors, nurses and paramedics;

▼M14

(78a) 

‘minor failure condition’ means a failure condition that would not significantly reduce aircraft safety, and which involves flight crew actions that are well within their capabilities;

(78b) 

‘misuse of substances’ means the use of one or more psychoactive substances by flight crew, cabin crew members and other safety-sensitive personnel in a way that:

(a) 

constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or

(b) 

causes or worsens an occupational, social, mental or physical problem or disorder;

▼B

►M1  (79) ◄  

‘night’ means the period between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise as may be prescribed by the appropriate authority, as defined by the Member State;

►M1  (80) ◄  

‘night vision goggles (NVG)’ means a head-mounted, binocular, light intensification appliance that enhances the ability to maintain visual surface references at night;

►M1  (81) ◄  

‘night vision imaging system (NVIS)’ means the integration of all elements required to successfully and safely use NVGs while operating a helicopter. The system includes as a minimum: NVGs, NVIS lighting, helicopter components, training and continuing airworthiness;

►M1  (82) ◄  

‘non-hostile environment’ means an environment in which:

(a) 

a safe forced landing can be accomplished;

(b) 

the helicopter occupants can be protected from the elements; and

(c) 

search and rescue response/capability is provided consistent with the anticipated exposure.

In any case, those parts of a congested area with adequate safe forced landing areas shall be considered non-hostile;

►M1  (83) ◄  

‘non-precision approach (NPA) operation’ means an instrument approach with a minimum descent height (MDH), or DH when flying a CDFA technique, not lower than 250 ft and an RVR/CMV of not less than 750 m for aeroplanes and 600 m for helicopters;

►M1  (84) ◄  

‘NVIS crew member’ means a technical crew member assigned to an NVIS flight;

►M1  (85) ◄  

‘NVIS flight’ means a flight under night visual meteorological conditions (VMC) with the flight crew using NVGs in a helicopter operating under an NVIS approval;

▼M9

(86) 

‘offshore operation’ means a helicopter operation that has a substantial proportion of any flight conducted over open sea areas to or from an offshore location;

▼M9

(86a) 

‘offshore location’ means a facility intended to be used for helicopter operations on a fixed or floating offshore structure or a vessel;

(86b) 

‘open sea area’ means the area of water to seaward of the coastline;

▼B

►M1  (87) ◄  

‘operating site’ means a site, other than an aerodrome, selected by the operator or pilot-in-command or commander for landing, take-off and/or external load operations;

►M1  (88) ◄  

‘operation in performance class 1’ means an operation that, in the event of failure of the critical engine, the helicopter is able to land within the rejected take-off distance available or safely continue the flight to an appropriate landing area, depending on when the failure occurs;

►M1  (89) ◄  

‘operation in performance class 2’ means an operation that, in the event of failure of the critical engine, performance is available to enable the helicopter to safely continue the flight, except when the failure occurs early during the take-off manoeuvre or late in the landing manoeuvre, in which cases a forced landing may be required;

►M1  (90) ◄  

‘operation in performance class 3’ means an operation that, in the event of an engine failure at any time during the flight, a forced landing may be required in a multi-engined helicopter and will be required in a single-engined helicopter;

►M1  (91) ◄  

‘operational control’ means the responsibility for the initiation, continuation, termination or diversion of a flight in the interest of safety;

►M1  (92) ◄  

‘other than standard category II (OTS CAT II) operation’ means a precision instrument approach and landing operation using ILS or MLS where some or all of the elements of the precision approach category II light system are not available, and with:

(a) 

DH below 200 ft but not lower than 100 ft; and

(b) 

RVR of not less than 350 m;

►M1  (93) ◄  

‘performance class A aeroplanes’ means multi-engined aeroplanes powered by turbo-propeller engines with an MOPSC of more than nine or a maximum take-off mass exceeding 5 700 kg, and all multi-engined turbo-jet powered aeroplanes;

►M1  (94) ◄  

‘performance class B aeroplanes’ means aeroplanes powered by propeller engines with an MOPSC of nine or less and a maximum take-off mass of 5 700 kg or less;

►M1  (95) ◄  

‘performance class C aeroplanes’ means aeroplanes powered by reciprocating engines with an MOPSC of more than nine or a maximum take-off mass exceeding 5 700 kg;

▼M15

(95a) 

‘personnel-carrying device system (PCDS)’ means a system including one or more devices that is either attached to a hoist or cargo hook or mounted to the rotorcraft airframe during human external cargo (HEC) or helicopter hoist operations (HHO). The devices have the structural capability and features needed to transport occupants external to the helicopter e.g. a life safety harness with or without a quick release and strop with a connector ring, a rigid basket or a cage;

(95b) 

‘simple personnel carrying device system (simple “PCDS”)’ means a PCDS that complies with the following conditions:

(a) 

meets a harmonised standard under Regulation (EU) 2016/425 of the European Parliament and of the Council ( 4 ) or Directive 2006/42/EC of the European Parliament and of the Council ( 5 );

(b) 

is designed to restrain no more than a single person (for instance, hoist or cargo hook operator, task specialist or photographer) inside the cabin, or to restrain no more than two persons outside the cabin;

(c) 

is not a rigid structure such as a cage, a platform or a basket;

▼B

►M1  (96) ◄  

‘pilot-in-command’ means the pilot designated as being in command and charged with the safe conduct of the flight. For the purpose of commercial air transport operations, the ‘pilot-in-command’ shall be termed the ‘commander’;

▼M14

(96a) 

‘portable EFB’ means a portable EFB host platform, used on the flight deck, which is not part of the configuration of the certified aircraft;

(96b) 

‘portable electronic device (PED)’ means any kind of electronic device, typically but not limited to consumer electronics, brought on board the aircraft by crew members, passengers, or as part of the cargo, that is not included in the configuration of the certified aircraft. It includes all equipment that is able to consume electrical energy. The electrical energy can be provided from internal sources such as batteries (chargeable or non-rechargeable) or the devices may also be connected to specific aircraft power sources;

▼B

►M1  (97) ◄  

‘principal place of business’ means the head office or registered office of the organisation within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;

►M1  (98) ◄  

‘prioritisation of ramp inspections’ means the dedication of an appropriate portion of the total number of ramp inspections conducted by or on behalf of a competent authority on an annual basis as provided in Part-ARO;

▼M18

(98a) 

‘proficient’ means having demonstrated the necessary skills, knowledge and attitudes that are required to perform any defined tasks to the prescribed standard;

▼M20

(98b) 

‘psychoactive substances’ means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, with the exception of caffeine and tobacco;

▼B

►M1  (99) ◄  

‘public interest site (PIS)’ means a site used exclusively for operations in the public interest;

►M1  (100) ◄  

‘ramp inspection’ means the inspection of aircraft, of flight and cabin crew qualifications and of flight documentation in order to verify the compliance with the applicable requirements;

►M1  (101) ◄  

‘rectification interval’ means a limitation on the duration of operations with inoperative equipment;

►M1  (102) ◄  

‘rejected take-off distance available (RTODAH)’ means the length of the final approach and take-off area declared available and suitable for helicopters operated in performance class 1 to complete a rejected take-off;

►M1  (103) ◄  

‘rejected take-off distance required (RTODRH)’ means the horizontal distance required from the start of the take-off to the point where the helicopter comes to a full stop following an engine failure and rejection of the take-off at the take-off decision point;

▼M9

(103a) 

‘required navigation performance (RNP) specification’ means a navigation specification for PBN operations which includes a requirement for on-board navigation performance monitoring and alerting;

▼M15

(103b) 

‘rules of the air’ means the rules established in Commission Implementing Regulation (EU) No 923/2012 ( 6 );

▼M16

(103c) 

‘runway condition report (RCR)’ means a comprehensive standardised report relating to the conditions of the runway surface and their effect on the aeroplane landing and take-off performance, described by means of runway conditions code;

▼B

►M1  (104) ◄  

‘runway visual range (RVR)’ means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;

►M1  (105) ◄  

‘safe forced landing’ means an unavoidable landing or ditching with a reasonable expectancy of no injuries to persons in the aircraft or on the surface;

▼M12

(105a) 

‘safety-sensitive personnel’ means persons who might endanger aviation safety if they perform their duties and functions improperly, including flight crew and cabin crew members, aircraft maintenance personnel and air traffic controllers;

▼M18

(105b) 

‘scenario-based training phase’ means a phase of an EBT module which focuses on the development of competencies, whilst the pilot is trained to mitigate the most critical risks identified for the aircraft generation. It should include the management of specific operator’s threats and errors in a real-time line-orientated environment;

▼B

►M1  (106) ◄  

‘seaplane’ means a fixed wing aircraft which is designed for taking off and landing on water and includes amphibians operated as seaplanes;

►M1  (107) ◄  

‘separate runways’ means runways at the same aerodrome that are separate landing surfaces. These runways may overlay or cross in such a way that if one of the runways is blocked, it will not prevent the planned type of operations on the other runway. Each runway shall have a separate approach procedure based on a separate navigation aid;

▼M16

(107a) 

‘specially prepared winter runway’ means a runway with a dry frozen surface of compacted snow or ice which has been treated with sand or grit or has been mechanically treated to improve runway friction;

▼B

►M1  (108) ◄  

‘special VFR flight’ means a VFR flight cleared by air traffic control to operate within a control zone in meteorological conditions below VMC;

►M1  (109) ◄  

‘stabilised approach (SAp)’ means an approach that is flown in a controlled and appropriate manner in terms of configuration, energy and control of the flight path from a pre-determined point or altitude/height down to a point 50 ft above the threshold or the point where the flare manoeuvre is initiated if higher;

▼M5

(109a) 

‘sterile flight crew compartment’ means any period of time when the flight crew members are not disturbed or distracted, except for matters critical to the safe operation of the aircraft or the safety of the occupants;

▼B

►M1  (110) ◄  

‘take-off alternate aerodrome’ means an alternate aerodrome at which an aircraft can land should this become necessary shortly after take-off and if it is not possible to use the aerodrome of departure;

►M1  (111) ◄  

‘take-off decision point (TDP)’ means the point used in determining take-off performance from which, an engine failure having been recognised at this point, either a rejected take-off may be made or a take-off safely continued;

►M1  (112) ◄  

‘take-off distance available (TODA)’ in the case of aeroplanes means the length of the take-off run available plus the length of the clearway, if provided;

►M1  (113) ◄  

‘take-off distance available (TODAH)’ in the case of helicopters means the length of the final approach and take-off area plus, if provided, the length of helicopter clearway declared available and suitable for helicopters to complete the take-off;

►M1  (114) ◄  

‘take-off distance required (TODRH)’ in the case of helicopters means the horizontal distance required from the start of the take-off to the point at which take-off safety speed (VTOSS), a selected height and a positive climb gradient are achieved, following failure of the critical engine being recognised at the TDP, the remaining engines operating within approved operating limits;

►M1  (115) ◄  

‘take-off flight path’ means the vertical and horizontal path, with the critical engine inoperative, from a specified point in the take-off for aeroplanes to 1 500 ft above the surface and for helicopters to 1 000 ft above the surface;

►M1  (116) ◄  

‘take-off mass’ means the mass including everything and everyone carried at the commencement of the take-off for helicopters and take-off run for aeroplanes;

►M1  (117) ◄  

‘take-off run available (TORA)’ means the length of runway that is declared available by the State of the aerodrome and suitable for the ground run of an aeroplane taking off;

▼M4

(117a) 

‘task specialist’ means a person assigned by the operator or a third party, or acting as an undertaking, who performs tasks on the ground directly associated with a specialised task or performs specialised tasks on board or from the aircraft;

▼B

►M1  (118) ◄  

‘technical crew member’ means a crew member in commercial air transport HEMS, HHO or NVIS operations other than a flight or cabin crew member, assigned by the operator to duties in the aircraft or on the ground for the purpose of assisting the pilot during HEMS, HHO or NVIS operations, which may require the operation of specialised on-board equipment;

►M1  (119) ◄  

‘technical instructions (TI)’ means the latest effective edition of the ‘Technical instructions for the safe transport of dangerous goods by air’, including the supplement and any addenda, approved and published by the International Civil Aviation Organisation;

▼M11

(120) 

‘traffic load’ means the total mass of passengers, baggage, cargo and carry-on specialist equipment and including any ballast;

▼M14

(120a) 

‘type A EFB application’ means an EFB application whose malfunction or misuse has no safety effect;

(120b) 

‘type B EFB application’ means an EFB application:

(a) 

whose malfunction or misuse is classified as minor failure condition or below; and

(b) 

which neither replaces nor duplicates any system or functionality required by airworthiness regulations, airspace requirements, or operational rules;

▼B

►M1  (121) ◄  

‘unaided NVIS flight’ means, in the case of NVIS operations, that portion of a VFR flight performed at night when a crew member is not using NVG;

►M1  (122) ◄  

‘undertaking’ means any natural or legal person, whether profit-making or not, or any official body whether having its own personality or not;

►M1  (123) ◄  

‘V1’ means the maximum speed in the take-off at which the pilot must take the first action to stop the aeroplane within the accelerate-stop distance. V1 also means the minimum speed in the take-off, following a failure of the critical engine at VEF, at which the pilot can continue the take-off and achieve the required height above the take-off surface within the take-off distance;

►M1  (124) ◄  

‘VEF’ means the speed at which the critical engine is assumed to fail during take-off;

►M1  (125) ◄  

‘visual approach’ means an approach when either part or all of an instrument approach procedure is not completed and the approach is executed with visual reference to the terrain;

▼M1

(126) 

‘weather-permissible aerodrome’ means an adequate aerodrome where, for the anticipated time of use, weather reports, or forecasts, or any combination thereof, indicate that the weather conditions will be at or above the required aerodrome operating minima, and the runway surface condition reports indicate that a safe landing will be possible;

▼M4

(127) 

‘wet lease agreement’ means an agreement:

— 
in the case of CAT operations, between air carriers pursuant to which the aircraft is operated under the AOC of the lessor; or
— 
in the case of commercial operations other than CAT, between operators pursuant to which the aircraft is operated under the responsibility of the lessor;

▼M16

(128) 

‘wet runway’ means a runway whose surface is covered by any visible dampness or water up to and including 3 mm deep within the area intended to be used.

▼B




ANNEX II

AUTHORITY REQUIREMENTS FOR AIR OPERATIONS

[PART-ARO]

ARO.GEN.005    Scope

This Annex establishes requirements for the administration and management system to be fulfilled by the Agency and Member States for the implementation and enforcement of Regulation (EC) No 216/2008 and its Implementing Rules regarding civil aviation air operations.

SUBPART GEN

GENERAL REQUIREMENTS

SECTION I

General

ARO.GEN.115    Oversight documentation

The competent authority shall provide all legislative acts, standards, rules, technical publications and related documents to relevant personnel in order to allow them to perform their tasks and to discharge their responsibilities.

ARO.GEN.120    Means of compliance

▼M15

(a) The Agency shall develop acceptable means of compliance (‘AMC’) that may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts.

(b) Alternative means of compliance may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts.

(c) The competent authority shall establish a system to consistently evaluate whether the alternative means of compliance used by itself or by organisations and persons under its oversight comply with Regulation (EU) 2018/1139 and its delegated and implementing acts. That system shall include procedures to limit, revoke or amend approved alternative means of compliance, if it has been demonstrated by the competent authority that those alternative means of compliance do not comply with Regulation (EU) 2018/1139 and delegated and implementing acts adopted on its basis.

▼M14

(d) The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance:

(1) 

with point ORO.GEN.120(b) of Annex III (Part-ORO) to this Regulation;

(2) 

for balloons with point BOP.ADD.010 of Annex II (Part-BOP) to Commission Regulation (EU) 2018/395 ( 7 ).

▼M15 —————

▼M14

by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation.

When the competent authority finds that the alternative means of compliance are in accordance with the Implementing Rules, it shall without undue delay:

(1) 

notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the approval, specialised operation authorisation or certificate of the applicant accordingly; and

(2) 

notify the Agency of their content, including copies of all relevant documentation;

(3) 

inform other Member States about alternative means of compliance that were accepted.

▼B

(e) When the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules it shall:

(1) 

make them available to all organisations and persons under its oversight; and

(2) 

without undue delay notify the Agency.

The competent authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.

ARO.GEN.125    Information to the Agency

(a) The competent authority shall without undue delay notify the Agency in case of any significant problems with the implementation of Regulation (EC) No 216/2008 and its Implementing Rules.

(b) The competent authority shall provide the Agency with safety-significant information stemming from the occurrence reports it has received.

ARO.GEN.135    Immediate reaction to a safety problem

▼M15

(a) Without prejudice to Regulation (EU) No 376/2014 of the European Parliament and of the Council ( 8 ), the competent authority shall implement a system to appropriately collect, analyse and disseminate safety information.

▼B

(b) The Agency shall implement a system to appropriately analyse any relevant safety information received and without undue delay provide to Member States and the Commission any information, including recommendations or corrective actions to be taken, necessary for them to react in a timely manner to a safety problem involving products, parts, appliances, persons or organisations subject to Regulation (EC) No 216/2008 and its Implementing Rules.

(c) Upon receiving the information referred to in (a) and (b), the competent authority shall take adequate measures to address the safety problem.

(d) Measures taken under (c) shall immediately be notified to all persons or organisations which need to comply with them under Regulation (EC) No 216/2008 and its Implementing Rules. The competent authority shall also notify those measures to the Agency and, when combined action is required, the other Member States concerned.

SECTION II

Management

ARO.GEN.200    Management system

(a) The competent authority shall establish and maintain a management system, including as a minimum:

(1) 

documented policies and procedures to describe its organisation, means and methods to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules. The procedures shall be kept up to date and serve as the basic working documents within that competent authority for all related tasks;

(2) 

a sufficient number of personnel to perform its tasks and discharge its responsibilities. Such personnel shall be qualified to perform their allocated tasks and have the necessary knowledge, experience, initial and recurrent training to ensure continuing competence. A system shall be in place to plan the availability of personnel, in order to ensure the proper completion of all tasks;

(3) 

adequate facilities and office accommodation to perform the allocated tasks;

(4) 

a function to monitor compliance of the management system with the relevant requirements and adequacy of the procedures including the establishment of an internal audit process and a safety risk management process. Compliance monitoring shall include a feedback system of audit findings to the senior management of the competent authority to ensure implementation of corrective actions as necessary; and

(5) 

a person or group of persons, ultimately responsible to the senior management of the competent authority for the compliance monitoring function.

(b) The competent authority shall, for each field of activity, including management system, appoint one or more persons with the overall responsibility for the management of the relevant task(s).

(c) The competent authority shall establish procedures for participation in a mutual exchange of all necessary information and assistance with other competent authorities concerned including on all findings raised and follow-up actions taken as a result of oversight of persons and organisations exercising activities in the territory of a Member State, but certified ►M4  or authorised ◄ by ►M1  or making declarations to ◄ the competent authority of another Member State or the Agency.

(d) A copy of the procedures related to the management system and their amendments shall be made available to the Agency for the purpose of standardisation.

ARO.GEN.205    Allocation of tasks to qualified entities

(a) Tasks related to the initial certification ►M4  , specialised operation authorisation ◄ or continuing oversight of persons or organisations subject to Regulation (EC) No 216/2008 and its Implementing Rules shall be allocated by Member States only to qualified entities. When allocating tasks, the competent authority shall ensure that it has:

(1) 

put a system in place to initially and continuously assess that the qualified entity complies with Annex V to Regulation (EC) No 216/2008.

This system and the results of the assessments shall be documented.

(2) 

established a documented agreement with the qualified entity, approved by both parties at the appropriate management level, which clearly defines:

(i) 

the tasks to be performed;

(ii) 

the declarations, reports and records to be provided;

(iii) 

the technical conditions to be met in performing such tasks;

(iv) 

the related liability coverage; and

(v) 

the protection given to information acquired in carrying out such tasks.

(b) The competent authority shall ensure that the internal audit process and safety risk management process required by ARO.GEN.200(a)(4) covers all certification ►M4  , authorisation ◄ or continuing oversight tasks performed on its behalf.

ARO.GEN.210    Changes in the management system

(a) The competent authority shall have a system in place to identify changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EC) No 216/2008 and its Implementing Rules. This system shall enable it to take action as appropriate to ensure that its management system remains adequate and effective.

(b) The competent authority shall update its management system to reflect any change to Regulation (EC) No 216/2008 and its Implementing Rules in a timely manner, so as to ensure effective implementation.

(c) The competent authority shall notify the Agency of changes affecting its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EC) No 216/2008 and its Implementing Rules.

ARO.GEN.220    Record-keeping

(a) The competent authority shall establish a system of record-keeping providing for adequate storage, accessibility and reliable traceability of:

(1) 

the management system’s documented policies and procedures;

(2) 

training, qualification and authorisation of its personnel;

(3) 

the allocation of tasks, covering the elements required by ARO.GEN.205 as well as the details of tasks allocated;

(4) 

certification processes and continuing oversight of certified organisations;

▼M4

(4a) 

the process of authorisation of a high risk commercial specialised operation and continuing oversight of an authorisation holder;

▼M1

(5) 

declaration processes and continuing oversight of declared organisations;

▼B

►M1  (6) ◄  

details of training courses provided by certified organisations, and if applicable, records relating to FSTDs used for such training;

▼M4

(7) 

oversight of persons and organisations exercising activities within the territory of the Member State, but overseen, certified or authorised by the competent authority of another Member State or the Agency, as agreed between these authorities;

▼M5

(8) 

oversight of operations of other-than complex motor-powered aircraft by non-commercial operators;

▼B

►M1  (9) ◄  

the evaluation and notification to the Agency of alternative means of compliance proposed by organisations subject to certification ►M4  , or authorisation ◄ and the assessment of alternative means of compliance used by the competent authority itself;

►M1  (10) ◄  

findings, corrective actions and date of action closure;

►M1  (11) ◄  

enforcement measures taken;

►M1  (12) ◄  

safety information and follow-up measures; and

►M1  (13) ◄  

the use of flexibility provisions in accordance with Article 14 of Regulation (EC) No 216/2008.

▼M4

(b) The competent authority shall maintain a list of all organisation certificates and specialised operations authorisations it issued as well as declarations it received.

▼B

(c) All records shall be kept for the minimum period specified in this Regulation. In the absence of such indication, records shall be kept for a minimum period of five years subject to applicable data protection law.

SECTION III

Oversight, certification and enforcement

ARO.GEN.300    Oversight

▼M1

(a) The competent authority shall verify:

▼M4

(1) 

compliance with the requirements applicable to organisations or type of operations prior to the issue of a certificate, approval or authorisation, as applicable;

▼M15

(2) 

continued compliance with the applicable requirements of organisations it has certified, specialised operations it has authorised and organisations from which it received a declaration;

▼M5

(3) 

continued compliance with the applicable requirements of non-commercial operators of other-than complex motor-powered aircraft; and

▼M1

(4) 

implementation of appropriate safety measures mandated by the competent authority as defined in ARO.GEN.135(c) and (d).

▼B

(b) This verification shall:

(1) 

be supported by documentation specifically intended to provide personnel responsible for safety oversight with guidance to perform their functions;

(2) 

provide the persons and organisations concerned with the results of safety oversight activity;

(3) 

be based on audits and inspections, including ramp and unannounced inspections; and

(4) 

provide the competent authority with the evidence needed in case further action is required, including the measures foreseen by ARO.GEN.350 and ARO.GEN.355.

(c) The scope of oversight defined in (a) and (b) shall take into account the results of past oversight activities and the safety priorities.

(d) Without prejudice to the competences of the Member States and to their obligations as set out in ARO.RAMP, the scope of the oversight of activities performed in the territory of a Member State by persons or organisations established or residing in another Member State shall be determined on the basis of the safety priorities, as well as of past oversight activities.

(e) Where the activity of a person or organisation involves more than one Member State or the Agency, the competent authority responsible for the oversight under (a) may agree to have oversight tasks performed by the competent authority(ies) of the Member State(s) where the activity takes place or by the Agency. Any person or organisation subject to such agreement shall be informed of its existence and of its scope.

(f) The competent authority shall collect and process any information deemed useful for oversight, including for ramp and unannounced inspections.

ARO.GEN.305    Oversight programme

(a) The competent authority shall establish and maintain an oversight programme covering the oversight activities required by ARO.GEN.300 and by ARO.RAMP.

(b) For organisations certified by the competent authority, the oversight programme shall be developed taking into account the specific nature of the organisation, the complexity of its activities, the results of past certification and/or oversight activities required by ARO.GEN and ARO.RAMP and shall be based on the assessment of associated risks. It shall include within each oversight planning cycle:

(1) 

audits and inspections, including ramp and unannounced inspections as appropriate; and

(2) 

meetings convened between the accountable manager and the competent authority to ensure both remain informed of significant issues.

(c) For organisations certified by the competent authority an oversight planning cycle not exceeding 24 months shall be applied.

The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased.

The oversight planning cycle may be extended to a maximum of 36 months if the competent authority has established that, during the previous 24 months:

(1) 

the organisation has demonstrated an effective identification of aviation safety hazards and management of associated risks;

(2) 

the organisation has continuously demonstrated under ORO.GEN.130 that it has full control over all changes;

(3) 

no level 1 findings have been issued; and

(4) 

all corrective actions have been implemented within the time period accepted or extended by the competent authority as defined in ARO.GEN.350(d)(2).

The oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the above, the organisation has established, and the competent authority has approved, an effective continuous reporting system to the competent authority on the safety performance and regulatory compliance of the organisation itself.

▼M4

(d) For organisations declaring their activity to the competent authority, the oversight programme shall be based on the specific nature of the organisation, the complexity of its activities and the data of past oversight activities and the assessment of risks associated with the type of activity carried out. It shall include audits and inspections, including ramp and unannounced inspections, as appropriate.

▼M4

(d1) For organisations holding a specialised operations authorisation, the oversight programme shall be established in accordance with (d) and shall also take into account the past and current authorisation process and the validity period of the authorisation.

▼B

►M1  (e) ◄  For persons holding a licence, certificate, rating, or attestation issued by the competent authority the oversight programme shall include inspections, including unannounced inspections, as appropriate.

►M1  (f) ◄  The oversight programme shall include records of the dates when audits, inspections and meetings are due and when such audits, inspections and meetings have been carried out.

ARO.GEN.310    Initial certification procedure — organisations

(a) Upon receiving an application for the initial issue of a certificate for an organisation, the competent authority shall verify the organisation’s compliance with the applicable requirements. This verification may take into account the statement referred to in ORO.AOC.100(b).

(b) When satisfied that the organisation is in compliance with the applicable requirements, the competent authority shall issue the certificate(s), as established in Appendices I and II. The certificate(s) shall be issued for an unlimited duration. The privileges and scope of the activities that the organisation is approved to conduct shall be specified in the terms of approval attached to the certificate(s).

(c) To enable an organisation to implement changes without prior competent authority approval in accordance with ORO.GEN.130, the competent authority shall approve the procedure submitted by the organisation defining the scope of such changes and describing how such changes will be managed and notified.

ARO.GEN.330    Changes — organisations

(a) Upon receiving an application for a change that requires prior approval, the competent authority shall verify the organisation’s compliance with the applicable requirements before issuing the approval.

The competent authority shall prescribe the conditions under which the organisation may operate during the change, unless the competent authority determines that the organisation’s certificate needs to be suspended.

When satisfied that the organisation is in compliance with the applicable requirements, the competent authority shall approve the change.

(b) Without prejudice to any additional enforcement measures, when the organisation implements changes requiring prior approval without having received competent authority approval as defined in (a), the competent authority shall suspend, limit or revoke the organisation’s certificate.

(c) For changes not requiring prior approval, the competent authority shall assess the information provided in the notification sent by the organisation in accordance with ORO.GEN.130 to verify compliance with the applicable requirements. In case of any non-compliance, the competent authority shall:

(1) 

notify the organisation about the non-compliance and request further changes;

(2) 

in case of level 1 or level 2 findings, act in accordance with ARO.GEN.350.

▼M1

ARO.GEN.345    Declaration — organisations

▼M14

(a) Upon receiving a declaration from an organisation carrying out or intending to carry out activities for which a declaration is required, the competent authority shall verify that the declaration contains all the information required:

(1) 

pursuant to ORO.DEC.100 of Annex III (Part-ORO) to this Regulation;

(2) 

for balloon operators pursuant to BOP.ADD.100 of Annex II (Part-BOP) to Regulation (EU) 2018/395; or

(3) 

for sailplane operators pursuant to SAO.DEC.100 of Annex II (Part-SAO) to Implementing Regulation (EU) 2018/1976.

After having verified the required information, the competent authority shall acknowledge receipt of the declaration to the organisation.

▼M1

(b) If the declaration does not contain the required information, or contains information that indicates non-compliance with applicable requirements, the competent authority shall notify the organisation about the non-compliance and request further information. If deemed necessary the competent authority shall carry out an inspection of the organisation. If the non-compliance is confirmed, the competent authority shall take action as defined in ARO.GEN.350.

▼B

ARO.GEN.350    Findings and corrective actions — organisations

(a) The competent authority for oversight in accordance with ARO.GEN.300(a) shall have a system to analyse findings for their safety significance.

▼M4

(b) A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the organisation’s procedures and manuals or with the terms of an approval, certificate, specialised operation authorisation or with the content of a declaration which lowers safety or seriously hazards flight safety.

▼B

The level 1 findings shall include:

▼M11

(1) 

failure to give the competent authority access to the facilities of the organisation in accordance with point ORO.GEN.140 of Annex III (Part-ORO) to this Regulation, or for balloons operators in accordance with points BOP.ADD.015 and BOP.ADD.035 of Annex II (Part-BOP) to Regulation (EU) 2018/395, during normal operating hours and after two written requests;

▼B

(2) 

obtaining or maintaining the validity of the organisation certificate ►M4  or specialised operations authorisation ◄ by falsification of submitted documentary evidence;

(3) 

evidence of malpractice or fraudulent use of the organisation certificate ►M4  or specialised operations authorisation ◄ ; and

(4) 

the lack of an accountable manager.

▼M4

(c) A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the organisation’s procedures and manuals or with the terms of an approval, certificate, specialised operation authorisation or with the content of a declaration which could lower safety or hazard flight safety.

▼B

(d) When a finding is detected during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EC) No 216/2008 and its Implementing Rules, communicate the finding to the organisation in writing and request corrective action to address the non-compliance(s) identified. Where relevant, the competent authority shall inform the State in which the aircraft is registered.

(1) 

In the case of level 1 findings the competent authority shall take immediate and appropriate action to prohibit or limit activities, and if appropriate, it shall take action to revoke the certificate ►M4  , specialised operations authorisation ◄ or specific approval or to limit or suspend it in whole or in part, depending upon the extent of the level 1 finding, until successful corrective action has been taken by the organisation.

(2) 

In the case of level 2 findings, the competent authority shall:

(i) 

grant the organisation a corrective action implementation period appropriate to the nature of the finding that in any case initially shall not be more than three months. At the end of this period, and subject to the nature of the finding, the competent authority may extend the three-month period subject to a satisfactory corrective action plan agreed by the competent authority; and

(ii) 

assess the corrective action and implementation plan proposed by the organisation and, if the assessment concludes that they are sufficient to address the non-compliance(s), accept these.

(3) 

Where an organisation fails to submit an acceptable corrective action plan, or to perform the corrective action within the time period accepted or extended by the competent authority, the finding shall be raised to a level 1 finding and action taken as laid down in (d)(1).

▼M15

(4) 

The competent authority shall record all findings it has raised or that have been communicated to it in accordance with point (e) and, where applicable, the enforcement measures it has applied, as well as all corrective actions and the date of action closure for findings.

▼B

(e) Without prejudice to any additional enforcement measures, when the authority of a Member State acting under the provisions of ARO.GEN.300 (d) identifies any non-compliance with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules by an organisation certified by ►M4  , or authorised by  ◄ ►M1  or declaring its activity to ◄ the competent authority of another Member State or the Agency, it shall inform that competent authority and provide an indication of the level of finding.

ARO.GEN.355    Findings and enforcement measures — persons

(a) If, during oversight or by any other means, evidence is found by the competent authority responsible for oversight in accordance with ARO.GEN.300(a) that shows a non-compliance with the applicable requirements by a person holding a licence, certificate, rating or attestation issued in accordance with Regulation (EC) No 216/2008 and its Implementing Rules, the competent authority shall act in accordance with ARA.GEN.355(a) to (d) of Annex VI (Part-ARA) to Commission ►M4  Regulation (EU) No 1178/2011 ◄  ( 9 ).

(b) If, during oversight or by any other means, evidence is found showing a non-compliance with the applicable requirements by a person subject to the requirements laid down in Regulation (EC) No 216/2008 and its Implementing Rules and not holding a licence, certificate, rating or attestation issued in accordance with that Regulation and its Implementing Rules, the competent authority that identified the non-compliance shall take any enforcement measures necessary to prevent the continuation of that non-compliance.

▼M4

ARO.GEN.360    Findings and enforcement measures — all operators

If, during oversight or by any other means, evidence is found showing a non-compliance with the applicable requirements by an operator subject to the requirements laid down in Regulation (EC) No 216/2008 and its Implementing Rules, the competent authority that identified the non-compliance shall take any enforcement measures necessary to prevent the continuation of that non-compliance.

▼B

SUBPART OPS

AIR OPERATIONS

SECTION I

Certification of commercial air transport operators

ARO.OPS.100    Issue of the air operator certificate

(a) The competent authority shall issue the air operator certificate (AOC) when satisfied that the operator has demonstrated compliance with the elements required in ORO.AOC.100.

(b) The certificate shall include the associated operations specifications.

▼M4

(c) The competent authority may determine specific operational limitations. Such limitations shall be documented in the operations specifications.

▼B

ARO.OPS.105    Code-share arrangements

In considering the safety of a code-share agreement involving a third-country operator, the competent authority shall:

(1) 

satisfy itself, following the verification by the operator as set out in ORO.AOC.115, that the third-country operator complies with the applicable ICAO standards;

(2) 

liaise with the competent authority of the State of the third-country operator as necessary.

▼M11

ARO.OPS.110    Lease agreements for aeroplanes and helicopters

▼B

(a) The competent authority shall approve a lease agreement when satisfied that the operator certified in accordance with Annex III (Part-ORO) complies with:

(1) 

ORO.AOC.110(d), for dry leased-in third country aircraft;

(2) 

ORO.AOC.110(c), for wet lease-in of an aircraft from a third country operator;

▼M15

(3) 

ORO.AOC.110(e), for dry lease-out of an aircraft to any operator, except for the cases specified in point ORO.GEN.310 of Annex III;

▼B

(4) 

relevant requirements of continuing airworthiness and air operations, for dry lease-in of an aircraft registered in the EU and wet lease-in of an aircraft from an EU operator.

(b) The approval of a wet lease-in agreement shall be suspended or revoked whenever:

(1) 

the AOC of the lessor or lessee is suspended or revoked;

▼M15

(2) 

the lessor is subject to an operating ban pursuant to Regulation (EC) No 2111/2005 of the European Parliament and of the Council ( 10 );

▼M15

(3) 

the authorisation issued in accordance with Commission Regulation (EU) No 452/2014 ( 11 ) has been suspended, revoked or surrendered.

▼M7

(c) The approval of a dry lease-in agreement shall be suspended or revoked whenever:

(1) 

the certificate of airworthiness of the aircraft is suspended or revoked;

(2) 

the aircraft is included in the list of operators subject to operational restrictions or it is registered in a State of which all operators under its oversight are subject to an operating ban pursuant to Regulation (EC) No 2111/2005.

▼B

(d) When asked for the prior approval of a dry-lease out agreement in accordance with ORO.AOC.110(e), the competent authority shall ensure:

▼M15

(1) 

proper coordination with the competent authority responsible for the continuing oversight of the aircraft, in accordance with Commission Regulation (EU) No 1321/2014 ( 12 ), or for the operation of the aircraft, if it is not the same authority;

(2) 

that the aircraft is timely removed from the operator's AOC except for the cases specified in point ORO.GEN.310 of Annex III.

▼M7

(e) When asked for prior approval of a dry lease-in agreement in accordance with point ORO.AOC.110(d), the competent authority shall ensure proper coordination with the State of Registry of the aircraft as necessary to exercise the oversight responsibilities of the aircraft.

▼M4

SECTION Ia

Authorisation of high risk commercial specialised operations

ARO.OPS.150    Authorisation of high risk commercial specialised operations

(a) Upon receiving an application for the issue of a high risk commercial specialised operations authorisation, the competent authority of the operator shall review the operator’s risk assessment documentation and standard operating procedures (SOP), related to one or more planned operations and developed in accordance with the relevant requirements of Annex VIII (Part-SPO).

▼M15

(b) When satisfied with the risk assessment and SOP, the competent authority of the operator shall issue the authorisation, as established in Appendix IV. The authorisation may be issued for a limited or for unlimited duration. The conditions under which an operator is authorised to conduct one or more high risk commercial specialised operations shall be specified in the authorisation.

▼M4

(c) Upon receiving an application for a change to the authorisation, the competent authority of the operator shall comply with (a) and (b). It shall prescribe the conditions under which the operator may operate during the change, unless the competent authority determines that the authorisation needs to be suspended.

(d) Upon receiving an application for the renewal of the authorisation, the competent authority of the operator shall comply with (a) and (b). It may take into account the past authorisation process and oversight activities.

(e) Without prejudice to any additional enforcement measures, when the operator implements changes without having submitted an amended risk assessment and SOP, the competent authority of the operator shall suspend, limit or revoke the authorisation.

(f) Upon receiving an application for the issue of an authorisation for a cross-border high risk commercial specialised operation, the competent authority of the operator shall review the operator’s risk assessment documentation and standard operating procedures (SOP) in coordination with the competent authority of the place where the operation is planned to be conducted. When both authorities are satisfied with the risk assessment and SOP, the competent authority of the operator shall issue the authorisation.

ARO.OPS.155    Lease agreements

(a) The competent authority shall approve a lease agreement involving a third country registered aircraft or a third country operator when the SPO operator has demonstrated compliance with ORO.SPO.100.

(b) The approval of a dry lease-in agreement shall be suspended or revoked whenever the certificate of airworthiness of the aircraft is suspended or revoked.

▼B

SECTION II

Approvals

ARO.OPS.200    Specific approval procedure

(a) Upon receiving an application for the issue of a specific approval or changes thereof, the competent authority shall assess the application in accordance with the relevant requirements of Annex V (Part-SPA) and conduct, where relevant, an appropriate inspection of the operator.

▼M1

(b) When satisfied that the operator has demonstrated compliance with the applicable requirements, the competent authority shall issue or amend the approval. The approval shall be specified in:

(1) 

the operations specifications, as established in Appendix II, for commercial air transport operations; or

▼M15

(2) 

the list of specific approvals, as established in Appendix III, for non-commercial operations and specialised operations.

▼B

ARO.OPS.205    Minimum equipment list approval

(a) When receiving an application for initial approval of a minimum equipment list (MEL) or an amendment thereof from an operator, the competent authority shall assess each item affected, to verify compliance with the applicable requirements, before issuing the approval.

(b) The competent authority shall approve the operator’s procedure for the extension of the applicable rectification intervals B, C and D, if the conditions specified in ORO.MLR.105(f) are demonstrated by the operator and verified by the competent authority.

(c) The competent authority shall approve, on a case-by-case basis, the operation of an aircraft outside the constraints of the MEL but within the constraints of the master minimum equipment list (MMEL), if the conditions specified in ORO.MLR.105 are demonstrated by the operator and verified by the competent authority.

▼M4

ARO.OPS.210    Determination of distance or local area

The competent authority may determine a distance or local area for the purpose of operations.

▼B

ARO.OPS.215    Approval of helicopter operations over a hostile environment located outside a congested area

(a) The Member State shall designate those areas where helicopter operations may be conducted without an assured safe forced landing capability, as described in CAT.POL.H.420.

(b) Before issuing the approval referred to in CAT.POL.H.420 the competent authority shall have considered the operator’s substantiation precluding the use of the appropriate performance criteria.

ARO.OPS.220    Approval of helicopter operations to or from a public interest site

The approval referred to in CAT.POL.H.225 shall include a list of the public interest site(s) specified by the operator to which the approval applies.

ARO.OPS.225    Approval of operations to an isolated aerodrome

The approval referred to in CAT.OP.MPA.106 shall include a list of the aerodromes specified by the operator to which the approval applies.

▼M18

ARO.OPS.226    Approval and oversight of evidence-based training programmes

(a) 

Where a competent authority grants an approval for EBT programmes, inspectors must receive qualification and training in EBT principles, application, approval processes and continuing oversight.

(b) 

The competent authority shall assess and oversee the EBT programme, together with the processes that support the implementation of the EBT programme and its effectiveness.

(c) 

Upon receiving an application for the approval of an EBT programme, the competent authority shall:

(1) 

ensure the resolution of level 1 findings in the areas that will support the application of the EBT programme;

(2) 

assess the capability of the operator to support the implementation of the EBT programme. The following elements shall be considered as a minimum:

(i) 

the maturity and capability of the operator’s management system in the areas that will support the application of the EBT programme — in particular, flight crew training;

(ii) 

the operator’s EBT programme suitability — the EBT programme shall correspond to the size of the operator, and the nature and complexity of its activities, taking into account the hazards and associated risks inherent in those activities;

(iii) 

the adequacy of the operator’s record-keeping system, in particular with regard to flight crew training, checking and qualifications records in particular ORO.GEN.220 and ORO.MLR.115 points (c) and (d);

(iv) 

the suitability of the operator’s grading system to assess the pilot competencies;

(v) 

the competence and the experience of the instructors and other personnel involved in the EBT programme in the use of the processes and procedures that support the implementation of the EBT programme; and

(vi) 

the operator’s EBT implementation plan and a safety risk assessment supporting the EBT programme in order to demonstrate how an equivalent level of safety to that of the current training programme can be achieved.

(d) 

The competent authority shall grant an EBT programme approval when the assessment concludes that the compliance with at least ORO.FC.146, ORO.FC.231, and ORO.FC.232 is ensured.

(e) 

Without prejudice to ARO.GEN.120 (d) and (e), the competent authority shall notify the Agency when it starts the evaluation of an alternative means of compliance related to EBT.

▼M3

ARO.OPS.230 Determination of disruptive schedules

For the purpose of flight time limitations, the competent authority shall determine, in accordance with the definitions of ‘early type’ and ‘late type’ of disruptive schedules in point ORO.FTL.105 of Annex III, which of those two types of disruptive schedules shall apply to all CAT operators under its oversight.

ARO.OPS.235 Approval of individual flight time specification schemes

(a) The competent authority shall approve flight time specification schemes proposed by CAT operators if the operator demonstrates compliance with Regulation (EC) No 216/2008 and Subpart FTL of Annex III to this Regulation.

(b) Whenever a flight time specification scheme proposed by an operator deviates from the applicable certification specifications issued by the Agency, the competent authority shall apply the procedure described in Article 22(2) of Regulation (EC) No 216/2008.

(c) Whenever a flight time specification scheme proposed by an operator derogates from applicable implementing rules, the competent authority shall apply the procedure described in Article 14(6) of Regulation (EC) No 216/2008.

(d) Approved deviations or derogations shall be subject, after being applied, to an assessment to determine whether such deviations or derogations should be confirmed or amended. The competent authority and the Agency shall conduct an independent assessment based on information provided by the operator. The assessment shall be proportionate, transparent and based on scientific principles and knowledge.

▼M9

ARO.OPS.240    Specific approval of RNP AR APCH

(a) 

When compliance with the requirements in SPA.PBN.105 has been demonstrated by the applicant, the competent authority shall grant a generic specific approval or a procedure-specific approval for RNP AR APCH.

(b) 

In the case of a procedure-specific approval, the competent authority shall:

(1) 

list the approved instrument approach procedures at specific aerodromes in the PBN approval;

(2) 

establish coordination with the competent authorities for these aerodromes, if appropriate; and

(3) 

take into account possible credits stemming from RNP AR APCH specific approvals already issued to the applicant.

▼M4

SECTION III

Oversight of operations

ARO.OPS.300    Introductory flights

The competent authority may establish additional conditions for introductory flights carried out in accordance with Part-NCO in the territory of the Member State. Such conditions shall ensure safe operations and be proportionate.

▼B

SUBPART RAMP

RAMP INSPECTIONS OF AIRCRAFT OF OPERATORS UNDER THE REGULATORY OVERSIGHT OF ANOTHER STATE

ARO.RAMP.005    Scope

This Subpart establishes the requirements to be followed by the competent authority or the Agency when exercising its tasks and responsibilities regarding the performance of ramp inspections of aircraft used by third country operators or used by operators under the regulatory oversight of another Member State when landed at aerodromes located in the territory subject to the provisions of the Treaty.

ARO.RAMP.100    General

(a) Aircraft, as well as their crew, shall be inspected against the applicable requirements.

(b) In addition to conducting ramp inspections included in its oversight programme established in accordance with ARO.GEN.305, the competent authority shall perform a ramp inspection of an aircraft suspected of not being compliant with the applicable requirements.

(c) Within the development of the oversight programme established in accordance with ARO.GEN.305, the competent authority shall establish an annual programme for the conduct of ramp inspections of aircraft. This programme shall:

(1) 

be based on a calculation methodology that takes into account historical information on the number and nature of operators and their number of landings at its aerodromes, as well as safety risks; and

(2) 

enable the competent authority to give priority to the inspections of aircraft on the basis of the list referred to in ARO.RAMP.105(a).

(d) When it so deems necessary, the Agency, in cooperation with the Member States in whose territory the inspection shall take place, shall conduct ramp inspections of aircraft to verify compliance with the applicable requirements for the purpose of:

(1) 

certification tasks assigned to the Agency by Regulation (EC) No 216/2008;

(2) 

standardisation inspections of a Member State; or

(3) 

inspections of an organisation to verify compliance with the applicable requirements in potentially unsafe situations.

ARO.RAMP.105    Prioritisation criteria

(a) The Agency shall provide competent authorities with a list of operators or aircraft identified as presenting a potential risk, for the prioritisation of ramp inspections.

(b) This list shall include:

(1) 

operators of aircraft identified on the basis of the analysis of available data in accordance with ARO.RAMP.150(b)(4);

(2) 

operators or aircraft communicated to the Agency by the European Commission and identified on the basis of:

(i) 

an opinion expressed by the Air Safety Committee (ASC) within the context of the implementation of Regulation (EC) No 2111/2005 that further verification of effective compliance with relevant safety standards through systematic ramp inspections is necessary; or

(ii) 

information obtained by the European Commission from the Member States pursuant to Article 4(3) of Regulation (EC) No 2111/2005;

(3) 

aircraft operated into the territory subject to the provisions of the Treaty by operators included in Annex B of the list of operators subject to an operating ban pursuant to Regulation (EC) No 2111/2005;

(4) 

aircraft operated by operators certified in a State exercising regulatory oversight over operators included in the list referred to in (3);

▼M15

(5) 

aircraft used by a third-country operator that operates into, within or out of the territory subject to the provisions of the Treaty for the first time or whose authorisation issued in accordance with Regulation (EU) No 452/2014 is limited or reinstated after suspension or revocation.

▼B

(c) The list shall be produced, in accordance with procedures established by the Agency, after every update of the Community list of operators subject to an operating ban pursuant to Regulation (EC) No 2111/2005, and in any case at least once every four months.

▼M12

ARO.RAMP.106    Alcohol testing

(a) 

The competent authority shall carry out alcohol testing on flight and cabin crew.

(b) 

The Agency shall provide competent authorities with a list of Union and third-country operators for the prioritisation of alcohol testing within the ramp inspection programme in accordance with ARO.RAMP.105 based on a risk assessment performed by the Agency, taking into account the robustness and effectiveness of existing psychoactive testing programmes.

(c) 

When selecting operators for alcohol testing of flight and cabin crew, the competent authority shall use the list established in accordance with point (b).

(d) 

Whenever data concerning alcohol tests is included in the centralised database in accordance with point (b) of point ARO.RAMP.145, the competent authority shall ensure that such data excludes any personal data of the crew member concerned.

(e) 

In case of a reasonable cause or suspicion, alcohol tests may be carried out at any time.

(f) 

The alcohol testing methodology shall apply recognised quality standards that ensure accurate testing results.

(g) 

A flight crew or cabin crew member who refuses to cooperate during tests or who has been identified to be under the influence of alcohol after a positive test shall not be allowed to continue his or her duty.

▼B

ARO.RAMP.110    Collection of information

The competent authority shall collect and process any information deemed useful for conducting ramp inspections.

ARO.RAMP.115    Qualification of ramp inspectors

(a) The competent authority and the Agency shall have qualified inspectors to conduct ramp inspections.

(b) Ramp inspectors shall:

(1) 

possess the necessary aeronautical education or practical knowledge relevant to their area(s) of inspection;

(2) 

have successfully completed:

(i) 

appropriate specific theoretical and practical training, in one or more of the following areas of inspection:

(A) 

flight deck;

(B) 

cabin safety;

(C) 

aircraft condition;

(D) 

cargo;

(ii) 

appropriate on-the-job training delivered by a senior ramp inspector appointed by the competent authority or the Agency;

▼M15

(3) 

maintain the validity of their qualification by undergoing recurrent training and by performing a minimum of 12 inspections per calendar year.

▼B

(c) The training in (b)(2)(i) shall be delivered by the competent authority or by any training organisation approved in accordance with ARO.RAMP.120(a).

(d) The Agency shall develop and maintain training syllabi and promote the organisation of training courses and workshops for inspectors to improve the understanding and uniform implementation of this Subpart.

(e) The Agency shall facilitate and coordinate an inspector exchange programme aimed at allowing inspectors to obtain practical experience and contributing to the harmonisation of procedures.

ARO.RAMP.120    Approval of training organisations

(a) The competent authority shall approve a training organisation, having its principal place of business in the territory of the respective Member State, when satisfied that the training organisation:

(1) 

has nominated a head of training possessing sound managerial capability to ensure that the training provided is in compliance with the applicable requirements;

(2) 

has available training facilities and instructional equipment suitable for the type of training provided;

(3) 

provides training in accordance with the syllabi developed by the Agency in accordance with ARO.RAMP.115(d);

(4) 

uses qualified training instructors.

(b) If so requested by the competent authority, the verification of compliance and continuous compliance with the requirements referred to in (a) shall be performed by the Agency.

(c) The training organisation shall be approved to provide one or more of the following types of training:

(1) 

initial theoretical training;

(2) 

initial practical training;

(3) 

recurrent training.

ARO.RAMP.125    Conduct of ramp inspections

▼M15

(a) Ramp inspections shall be performed in a standardised manner.

▼B

(b) When performing a ramp inspection, the inspector(s) shall make all possible efforts to avoid an unreasonable delay of the aircraft inspected.

▼M15

(c) On completion of the ramp inspection, the pilot-in-command or, in his/her absence, another flight crew member or a representative of the operator shall be informed of the ramp inspection's results.

▼B

ARO.RAMP.130    Categorisation of findings

For each inspection item, three categories of possible non-compliance with the applicable requirements are defined as findings. Such findings shall be categorised as follows:

(1) 

a category 3 finding is any detected significant non-compliance with the applicable requirements or the terms of a certificate that has a major influence on safety;

(2) 

a category 2 finding is any detected non-compliance with the applicable requirements or the terms of a certificate that has a significant influence on safety;

(3) 

a category 1 finding is any detected non-compliance with the applicable requirements or the terms a certificate that has a minor influence on safety.

ARO.RAMP.135    Follow-up actions on findings

(a) For a category 2 or 3 finding the competent authority, or where relevant the Agency, shall:

(1) 

communicate the finding in writing to the operator, including a request for evidence of corrective actions taken; and

(2) 

inform the competent authority of the State of the operator and, where relevant, the State in which the aircraft is registered and where the licence of the flight crew was issued. Where appropriate, the competent authority or Agency shall request confirmation of their acceptance of the corrective actions taken by the operator in accordance with ARO.GEN.350 or ARO.GEN.355.

(b) In addition to (a), in the case of a category 3 finding, the competent authority shall take immediate steps by:

(1) 

imposing a restriction on the aircraft flight operation;

(2) 

requesting immediate corrective actions;

(3) 

grounding the aircraft in accordance with ARO.RAMP.140; or

(4) 

imposing an immediate operating ban in accordance with Article 6 of Regulation (EC) No 2111/2005.

(c) When the Agency has raised a category 3 finding, it shall request the competent authority where the aircraft is landed to take the appropriate measures in accordance with (b).

ARO.RAMP.140    Grounding of aircraft

(a) In the case of a category 3 finding where it appears that the aircraft is intended or is likely to be flown without completion by the operator or owner of the appropriate corrective action, the competent authority shall:

(1) 

notify the pilot-in-command/commander or the operator that the aircraft is not permitted to commence the flight until further notice; and

(2) 

ground that aircraft.

(b) The competent authority of the State where the aircraft is grounded shall immediately inform the competent authority of the State of the operator and of the State in which the aircraft is registered, if relevant, and the Agency in the case of a grounded aircraft used by a third-country operator.

(c) The competent authority shall, in coordination with the State of the operator or the State of Registry, prescribe the necessary conditions under which the aircraft can be allowed to take-off.

(d) If the non-compliance affects the validity of the certificate of airworthiness of the aircraft, the grounding shall only be lifted by the competent authority when the operator shows evidence that:

(1) 

compliance with the applicable requirements has been re-established;

▼M15

(2) 

it has obtained a permit-to-fly in accordance with Regulation (EU) No 748/2012, for aircraft registered in a Member State;

▼B

(3) 

a permit-to-fly or equivalent document of the State of Registry or the State of the operator for aircraft registered in a third country and operated by an EU or a third country operator; and

(4) 

permission from third countries which will be overflown, if applicable.

ARO.RAMP.145    Reporting

(a) Information collected in accordance with ARO.RAMP.125(a) shall be entered into the centralised database referred to in ARO.RAMP.150(b)(2), within 21 calendar days after the inspection.

(b) The competent authority or the Agency shall enter into the centralised database any information useful for the application of Regulation (EC) No 216/2008 and its Implementing Rules and for the accomplishment by the Agency of the tasks assigned to it by this Annex, including the relevant information referred to in ARO.RAMP.110.

(c) Whenever the information as referred to in ARO.RAMP.110 shows the existence of a potential safety threat, such information shall also be communicated to each competent authority and the Agency without delay.

(d) Whenever information concerning aircraft deficiencies is given by a person to the competent authority, the information referred to in ARO.RAMP.110 and ARO.RAMP.125(a) shall be de-identified regarding the source of such information.

ARO.RAMP.150    Agency coordination tasks

(a) The Agency shall manage and operate the tools and procedures necessary for the storage and exchange of:

▼M15

(1) 

the information referred to in ARO.RAMP.145.

▼B

(2) 

the information provided by third countries or international organisations with whom appropriate agreements have been concluded with the EU, or organisations with whom the Agency has concluded appropriate arrangements in accordance with Article 27(2) of Regulation (EC) No 216/2008.

(b) This management shall include the following tasks:

(1) 

store data from the Member States relevant to the safety information on aircraft landing at aerodromes located in the territory subject to the provisions of the Treaty;

(2) 

develop, maintain and continuously update a centralised database containing all the information referred to in (a)(1) and (2);

(3) 

provide necessary changes and enhancements to the database application;

(4) 

analyse the centralised database and other relevant information concerning the safety of aircraft and of air operators and, on that basis:

(i) 

advise the Commission and the competent authorities on immediate actions or follow-up policy;

(ii) 

report potential safety problems to the Commission and to the competent authorities;

(iii) 

propose coordinated actions to the Commission and to the competent authorities, when necessary on safety grounds, and ensure coordination at the technical level of such actions;

(5) 

liaise with other European institutions and bodies, international organisations and third country competent authorities on information exchange.

ARO.RAMP.155    Annual report

The Agency shall prepare and submit to the Commission an annual report on the ramp inspection system containing at least the following information:

(a) 

status of the progress of the system;

(b) 

status of the inspections performed in the year;

(c) 

analysis of the inspection results with indication of the categories of findings;

(d) 

actions taken during the year;

(e) 

proposals for further improving the ramp inspection system; and

(f) 

annexes containing lists of inspections sorted out by State of operation, aircraft type, operator and ratios per item.

ARO.RAMP.160    Information to the public and protection of information

(a) Member States shall use the information received by them pursuant to ARO.RAMP.105 and ARO.RAMP.145 solely for the purpose of Regulation (EC) No 216/2008 and its implementing rules and shall protect it accordingly.

(b) The Agency shall publish an aggregated information report annually that shall be available to the public containing the analysis of the information received in accordance with ARO.RAMP.145. The report shall be simple and easy to understand, and the source of the information shall be de-identified.

▼M15




Appendix I



AIR OPERATOR CERTIFICATE

(Approval schedule for air transport operators)

Types of operation:

Commercial air transport (CAT)

□Passengers; □Cargo;

□Other (1): …

 (4)

State of the operator (2)

 (5)

Issuing authority (3)

AOC # (6):

Operator name (7)

Dba trading name (8)

Operator address (10):

Telephone (11):

Fax

Email:

Operational points of contact: (9)

Contact details, at which operational management can be contacted without undue delay, are listed in … (12).

 

 

 

This certificate certifies that … (13) is authorised to perform commercial air operations, as defined in the attached operations specifications, in accordance with the operations manual, Annex V to Regulation (EU) 2018/1139 and its delegated and implementing acts.

Date of issue (14):

Name and Signature (15):

Title:

(1)   

Other type of transportation to be specified.

(2)   

Replaced by the name of the State of the operator.

(3)   

Replaced by the identification of the issuing competent authority.

(4)   

For use of the competent authority.

(5)   

For use of the competent authority.

(6)   

Approval reference, as issued by the competent authority.

(7)   

Replaced by the operator's registered name.

(8)   

Operator's trading name, if different. Insert ‘Dba’ (for ‘Doing business as’) before the trading name.

(9)   

The contact details include the telephone and fax numbers, including the country code, and the email address (if available) at which operational management can be contacted without undue delay for issues related to flight operations, airworthiness, flight and cabin crew members' competency, dangerous goods and other matters as appropriate.

(10)   

Operator's principal place of business address.

(11)   

Operator's principal place of business telephone and fax details, including the country code. Email to be provided if available.

(12)   

Insertion of the controlled document, carried on board, in which the contact details are listed, with the appropriate paragraph or page reference. E.g.: ‘Contact details … are listed in the operations manual, gen/basic, chapter 1, 1.1’; or ‘… are listed in the operations specifications, page 1’; or ‘… are listed in an attachment to this document’.

(13)   

Operator's registered name.

(14)   

Issue date of the AOC (dd-mm-yyyy).

(15)   

Title, name and signature of the competent authority representative. In addition, an official stamp may be applied on the AOC.

EASA FORM 138 Issue 2

▼M16




Appendix II



OPERATIONS SPECIFICATIONS

(subject to the approved conditions in the operations manual)

Issuing Authority Contact Details

Telephone (1): …; Fax …;

Email: …

AOC (2):

Operator Name (3):

Date (4):

Signature:

 

Dba Trading Name

 

 

Operations Specifications #:

Aircraft Model (5):

Registration Marks (6):

Types of operations: Commercial operations

□Passengers

□Cargo

□Others (7): …

Area of operation (8):

Special Limitations (9):

Specific Approvals:

Yes

No

Specification (10)

Remarks

Dangerous Goods

 

 

Low Visibility Operations

 

 

CAT (11)

 

Take-off

 

 

RVR (12): m

Approach and Landing

DA/H: ft RVR: m

RVSM (13)

□N/A

 

 

ETOPS (14)

□N/A

Maximum Diversion Time (15): min.

 

Complex navigation specifications for PBN operations (16)

 

 (17)

Minimum navigation performance specification

 

 

Operations of single-engined turbine aeroplane at night or in IMC (SET-IMC)

 (18)

 

Helicopter operations with the aid of night vision imaging systems

 

 

Helicopter hoist operations

 

 

 

Helicopter emergency medical service operations

 

 

Helicopter offshore operations

 

 

Cabin crew training (19)

 

 

Issue of CC attestation (20)

 

 

Use of type B EFB applications

 (21)

 

Continuing airworthiness

 (22)

 

Others (23)

 

 

 

 

(1)   

Telephone and fax contact details of the competent authority, including the country code. Email to be provided if available.

(2)   

Insertion of associated air operator certificate (AOC) number.

(3)   

Insertion of the operator's registered name and the operator's trading name, if different. Insert ‘Dba’ before the trading name (for ‘Doing business as’).

(4)   

Issue date of the operations specifications (dd-mm-yyyy) and signature of the competent authority representative.

(5)   

Insertion of ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232).

(6)   

Either the registration marks are listed in the operations specifications or in the operations manual. In the latter case, the related operations specifications must make a reference to the related page in the operations manual. In case not all specific approvals apply to the aircraft model, the registration marks of the aircraft may be entered in the remark column to the related specific approval.

(7)   

Other type of transportation to be specified (e.g. emergency medical service).

(8)   

Listing of geographical areas of authorised operation (by geographical coordinates or specific routes, flight information region, or national or regional boundaries).

(9)   

Listing of applicable special limitations (e.g. VFR only, Day only, etc.).

(10)   

List in this column the most permissive criteria for each approval or the approval type (with appropriate criteria).

(11)   

Insertion of applicable precision approach category: LTS CAT I, CAT II, OTS CAT II, CAT IIIA, CAT IIIB or CAT IIIC. Insertion of minimum runway visual range (RVR) in meters and decision height (DH) in feet. One line is used per listed approach category.

(12)   

Insertion of approved minimum take-off RVR in metres. One line per approval may be used if different approvals are granted.

(13)   

The Not Applicable (N/A) box may be checked only if the aircraft maximum ceiling is below FL290.

(14)   

Extended range operations (ETOPS) currently applies only to two-engined aircraft. Therefore, the not applicable (N/A) box may be checked if the aircraft model has less or more than two engines.

(15)   

The threshold distance may also be listed (in NM), as well as the engine type.

(16)   

Performance-based navigation (PBN): one line is used for each complex PBN specific approval (e.g. RNP AR APCH), with appropriate limitations listed in the ‘Specifications’ or ‘Remarks’ columns, or in both. Procedure-specific approvals of specific RNP AR APCH procedures may be listed in the operations specifications or in the operations manual. In the latter case, the related operations specifications must have a reference to the related page in the operations manual.

(17)   

Specify if the specific approval is limited to certain runway ends or aerodromes, or both.

(18)   

Insertion of the particular airframe or engine combination.

(19)   

Approval to conduct the training course and examination to be completed by applicants for a cabin crew attestation as specified in Annex V (Part-CC) to Regulation (EU) No 1178/2011.

(20)   

Approval to issue cabin crew attestations as specified in Annex V (Part-CC) to Regulation (EU) No 1178/2011.

(21)   

Insertion of the list of type B EFB applications together with the reference of the EFB hardware (for portable EFBs). Either this list is contained in the operations specifications or in the operations manual. In the latter case, the related operations specifications must make a reference to the related page in the operations manual.

(22)   

The name of the person or organisation responsible for ensuring that the continuing airworthiness of the aircraft is maintained and a reference to the regulation that requires the work, i.e. Subpart G of Annex I (Part-M) to Regulation (EU) No 1321/2014.

(23)   

Other approvals or data may be entered here, using one line (or one multi-line block) per authorisation (e.g. short landing operations, steep approach operations, reduced required landing distance, helicopter operations to or from a public interest site, helicopter operations over a hostile environment located outside a congested area, helicopter operations without a safe forced landing capability, operations with increased bank angles, maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval).

EASA FORM 139 Issue 6

▼M15




Appendix III

List of specific approvals

Non-commercial operations

Specialised operations

(subject to the conditions specified in the approval and contained in the operations manual or pilot's operating handbook)



Issuing authority (1):

List of specific approvals # (2):

Name of operator:

Date (3):

Signature:

Aircraft model and registration marks (4):

Types of specialised operation (SPO), if applicable:

□ (5)

Specific approvals (6):

Specification (7)

Remarks

 

 

 

 

 

 

 

 

 

 

 

(1)   

Insertion of name and contact details.

(2)   

Insertion of the associated number.

(3)   

Issue date of the specific approvals (dd-mm-yyyy) and signature of the competent authority representative.

(4)   

Insertion of the Commercial Aviation Safety Team (CAST)/ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232). The CAST/ICAO taxonomy is available at: http://www.intlaviationstandards.org/


The registration marks shall be either listed in the list of specific approvals or in the operations manual. In the latter case the list of specific approvals shall refer to the related page in the operation manual.

(5)   

Specify the type of operation, e.g., agriculture, construction, photography, surveying, observation and patrol, aerial advertisement, maintenance check flights.

(6)   

List in this column any approved operations, e.g., dangerous goods, LVO, RVSM, PBN, MNPS, HOFO.

(7)   

List in this column the most permissive criteria for each approval, e.g. the decision height and RVR minima for CAT II.

EASA FORM 140 Issue 2




Appendix IV



AUTHORISATION OF HIGH RISK COMMERCIAL SPECIALISED OPERATIONS

Issuing authority: (1)

Authorisation no: (2)

Operator name: (3)

Operator address: (4)

Telephone: (5)

Fax

Email:

Aircraft model and registration marks: (6)

Authorised specialised operation: (7)

Authorised area or site of operation: (8)

Special limitations: (9)

This is to confirm that … is authorised to perform high risk commercial specialised operation(s) in accordance with this authorisation, operator's Standard Operating Procedures, Annex V to Regulation (EU) 2018/1139 and its delegated and implementing acts.

Date of issue (10):

Name and Signature (11):

Title:

(1)   

Name and contact details of the competent authority

(2)   

Insertion of associated authorisation number.

(3)   

Insertion of the operator's registered name and the operator's trading name, if different. Insert ‘Dba’ before the trading name (for ‘Doing business as’).

(4)   

Operator's principal place of business address.

(5)   

Operator's principal place of business telephone and fax details, including the country code. Email to be provided if available.

(6)   

Insertion of the Commercial Aviation Safety Team (CAST)/ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232). The CAST/ICAO taxonomy is available at: http://www.intlaviationstandards.org. The registration marks shall be either listed in the list of specific approvals or in the operations manual. In the latter case the list of specific approvals shall refer to the related page in the operation manual.

(7)   

Specify the type of operation, e.g., agriculture, construction, photography, surveying, observation and patrol, aerial advertisement, maintenance check flights.

(8)   

Listing of geographical area(s) or site(s) of authorised operation (by geographical coordinates or flight information region or national or regional boundaries).

(9)   

Listing of applicable special limitations (e.g. VFR only, Day only, etc.).

(10)   

Issue date of the authorisation (dd-mm-yyyy).

(11)   

Title, name and signature of the competent authority representative. In addition, an official stamp may be applied on the authorisation.

EASA FORM 151 Issue 2

▼M15 —————

▼B




ANNEX III

ORGANISATION REQUIREMENTS FOR AIR OPERATIONS

[PART-ORO]

ORO.GEN.005    Scope

▼M4

This Annex establishes requirements to be followed by an air operator conducting:

(a) 

commercial air transport operations (CAT);

(b) 

commercial specialised operations;

(c) 

non-commercial operations with complex motor-powered aircraft;

(d) 

non-commercial specialised operations with complex motor-powered aircraft.

▼B

SUBPART GEN

GENERAL REQUIREMENTS

SECTION I

General

ORO.GEN.105    Competent authority

For the purpose of this Annex, the competent authority exercising oversight over operators subject to a certification ►M1  or declaration ◄ obligation ►M4  or specialised operation authorisation ◄ shall be for operators having their principal place of business in a Member State, the authority designated by that Member State.

ORO.GEN.110    Operator responsibilities

▼M4

(a) The operator is responsible for the operation of the aircraft in accordance with Annex IV to Regulation (EC) No 216/2008, as applicable, the relevant requirements of this Annex and its air operator certificate (AOC) or specialised operation authorisation (SPO authorisation) or declaration.

▼B

(b) Every flight shall be conducted in accordance with the provisions of the operations manual.

(c) The operator shall establish and maintain a system for exercising operational control over any flight operated under the terms of its certificate ►M4  , SPO authorisation ◄ ►M1  or declaration. ◄

(d) The operator shall ensure that its aircraft are equipped and its crews are qualified as required for the area and type of operation.

(e) The operator shall ensure that all personnel assigned to, or directly involved in, ground and flight operations are properly instructed, have demonstrated their abilities in their particular duties and are aware of their responsibilities and the relationship of such duties to the operation as a whole.

▼M5

(f) The operator shall establish procedures and instructions for the safe operation of each aircraft type, containing ground staff and crew member duties and responsibilities, for all types of operation on the ground and in flight. Those procedures and instructions shall not require crew members to perform any activities during critical phases of flight other than those required for the safe operation of the aircraft. Procedures and instructions for a sterile flight crew compartment shall also be included.

▼B

(g) The operator shall ensure that all personnel are made aware that they shall comply with the laws, regulations and procedures of those States in which operations are conducted and that are pertinent to the performance of their duties.

▼M15

(h) The operator shall establish a checklist for each aircraft type to be used by crew members in all phases of flight under normal, abnormal and emergency conditions in order to ensure that the operating procedures in the operations manual are followed. The design and the usage of checklists shall observe human factors principles and take into account the latest relevant documentation from the design approval holder.

▼B

(i) The operator shall specify flight planning procedures to provide for the safe conduct of the flight based on considerations of aircraft performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes or operating sites concerned. These procedures shall be included in the operations manual.

▼M10

(j) The operator shall establish and maintain dangerous goods training programmes for personnel as required by the technical instructions. Such training programmes shall be commensurate with the responsibilities of personnel. Training programmes of operators performing CAT, whether they transport dangerous goods or not, and of operators conducting operations other than CAT referred to in points (b), (c) and (d) of point ORO.GEN.005 that transport dangerous goods shall be subject to review and approval by the competent authority.

▼M14

(k) Notwithstanding point (j), operators conducting commercial operations with either of the following aircraft shall ensure that the flight crew has received an appropriate dangerous goods training or briefing, to enable them to recognise undeclared dangerous goods brought on board by passengers or as cargo:

(1) 

a single-engined propeller-driven aeroplane having an MCTOM of 5 700 kg or less and an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day;

(2) 

an other-than-complex motor-powered helicopter, single-engined, with an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day.

▼B

ORO.GEN.115    ►M4  Application for an AOC  ◄

(a) The application for an ►M4  air ◄ operator certificate or an amendment to an existing certificate shall be made in a form and manner established by the competent authority, taking into account the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules.

(b) Applicants for an initial certificate shall provide the competent authority with documentation demonstrating how they will comply with the requirements established in Regulation (EC) No 216/2008 and its Implementing Rules. Such documentation shall include a procedure describing how changes not requiring prior approval will be managed and notified to the competent authority.

ORO.GEN.120    Means of compliance

(a) Alternative means of compliance to those adopted by the Agency may be used by an operator to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.

(b) When an operator subject to certification wishes to use an alternative means of compliance to the acceptable means of compliance (AMC) adopted by the Agency to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules, it shall, prior to implementing it, provide the competent authority with a full description of the alternative means of compliance. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.

The operator may implement these alternative means of compliance subject to prior approval by the competent authority and upon receipt of the notification as prescribed in ARO.GEN.120(d).

▼M1

(c) An operator required to declare its activity shall notify to the competent authority the list of alternative means of compliance it uses to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.

▼M4

(d) When an operator subject to SPO authorisation wishes to use alternative means of compliance, it shall comply with (b) whenever such alternative means of compliance affects the standard operating procedures that are part of the authorisation and with (c) for the declared part of its organisation and operation.

▼B

ORO.GEN.125    ►M4  Terms of approval and privileges of an AOC holder  ◄

A certified operator shall comply with the scope and privileges defined in the operations specifications attached to the operator’s certificate.

ORO.GEN.130    ►M4  Changes related to an AOC holder  ◄

(a) Any change affecting:

(1) 

the scope of the certificate or the operations specifications of an operator; or

(2) 

any of the elements of the operator’s management system as required in ORO.GEN.200(a)(1) and (a)(2),

shall require prior approval by the competent authority.

(b) For any changes requiring prior approval in accordance with Regulation (EC) No 216/2008 and its Implementing Rules, the operator shall apply for and obtain an approval issued by the competent authority. The application shall be submitted before any such change takes place, in order to enable the competent authority to determine continued compliance with Regulation (EC) No 216/2008 and its Implementing Rules and to amend, if necessary, the operator certificate and related terms of approval attached to it.

The operator shall provide the competent authority with any relevant documentation.

The change shall only be implemented upon receipt of formal approval by the competent authority in accordance with ARO.GEN.330.

The operator shall operate under the conditions prescribed by the competent authority during such changes, as applicable.

(c) All changes not requiring prior approval shall be managed and notified to the competent authority as defined in the procedure approved by the competent authority in accordance with ARO.GEN.310(c).

ORO.GEN.135    ►M4  Continued validity of an AOC  ◄

▼M15

(a) The operator's certificate shall remain valid subject to all of the following:

(1) 

the operator remaining in compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, taking into account the provisions related to the handling of findings as specified under point ORO.GEN.150 of this Annex;

(2) 

the competent authority being granted access to the operator as defined in point ORO.GEN.140 of this Annex to determine continued compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts;

(3) 

the certificate not being surrendered or revoked.

▼B

(b) Upon revocation or surrender the certificate shall be returned to the competent authority without delay.

ORO.GEN.140    Access

▼M15

(a) For the purpose of determining compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, the operator shall grant access at any time to any facility, aircraft, document, records, data, procedures or any other material relevant to its activity subject to certification, SPO authorisation or declaration, whether it is contracted or not, to any person authorised by one of the following authorities:

(1) 

the competent authority defined in point ORO.GEN.105 of Annex III to this Regulation;

(2) 

the authority acting under the provisions of points ARO.GEN.300(d), ARO.GEN.300(e) or Subpart RAMP of Annex II to this Regulation.

▼B

(b) Access to the aircraft mentioned under (a) shall ►M4  , in the case of CAT, ◄ include the possibility to enter and remain in the aircraft during flight operations unless otherwise decided by the commander for the flight crew compartment in accordance with CAT.GEN.MPA.135 in the interest of safety.

ORO.GEN.150    Findings

After receipt of notification of findings, the operator shall:

(a) 

identify the root cause of the non-compliance;

(b) 

define a corrective action plan; and

(c) 

demonstrate corrective action implementation to the satisfaction of the competent authority within a period agreed with that authority as defined in ARO.GEN.350(d).

ORO.GEN.155    Immediate reaction to a safety problem

The operator shall implement:

(a) 

any safety measures mandated by the competent authority in accordance with ARO.GEN.135(c); and

(b) 

any relevant mandatory safety information issued by the Agency, including airworthiness directives.

ORO.GEN.160    Occurrence reporting

▼M15

(a) The operator shall report to the competent authority, and to any other organisation required to be informed by the State of the operator, any accident, serious incident and occurrence as defined in Regulation (EU) No 996/2010 of the European Parliament and of the Council ( 13 ) and Regulation (EU) No 376/2014.

▼M2

(b) Without prejudice to point (a) the operator shall report to the competent authority and to the organisation responsible for the design of the aircraft any incident, malfunction, technical defect, exceeding of technical limitations or occurrence that would highlight inaccurate, incomplete or ambiguous information contained in the operational suitability data established in accordance with Regulation (EU) No 748/2012 or other irregular circumstance that has or may have endangered the safe operation of the aircraft and that has not resulted in an accident or serious incident.

▼M15

(c) Without prejudice to Regulation (EU) No 996/2010 and Regulation (EU) No 376/2014, the reports referred in points (a) and (b) shall be made in a form and manner established by the competent authority and shall contain all pertinent information about the conditions known to the operator.

▼B

(d) Reports shall be made as soon as practicable, but in any case within 72 hours of the operator identifying the condition to which the report relates, unless exceptional circumstances prevent this.

(e) Where relevant, the operator shall produce a follow-up report to provide details of actions it intends to take to prevent similar occurrences in the future, as soon as these actions have been identified. This report shall be produced in a form and manner established by the competent authority.

SECTION 2

Management

ORO.GEN.200    Management system

(a) The operator shall establish, implement and maintain a management system that includes:

(1) 

clearly defined lines of responsibility and accountability throughout the operator, including a direct safety accountability of the accountable manager;

(2) 

a description of the overall philosophies and principles of the operator with regard to safety, referred to as the safety policy;

(3) 

the identification of aviation safety hazards entailed by the activities of the operator, their evaluation and the management of associated risks, including taking actions to mitigate the risk and verify their effectiveness;

(4) 

maintaining personnel trained and competent to perform their tasks;

(5) 

documentation of all management system key processes, including a process for making personnel aware of their responsibilities and the procedure for amending this documentation;

(6) 

a function to monitor compliance of the operator with the relevant requirements. Compliance monitoring shall include a feedback system of findings to the accountable manager to ensure effective implementation of corrective actions as necessary; and

(7) 

any additional requirements that are prescribed in the relevant Subparts of this Annex or other applicable Annexes.

(b) The management system shall correspond to the size of the operator and the nature and complexity of its activities, taking into account the hazards and associated risks inherent in these activities.

▼M4

ORO.GEN.205    Contracted activities

▼M15

(a) When contracting or purchasing any services or products as a part of its activities, the operator shall ensure all of the following:

(1) 

that the contracted or purchased services or products comply with the applicable requirements;

(2) 

that any aviation safety hazards associated with contracted or purchased services or products are considered by the operator's management system.

▼M4

(b) When the certified operator or the SPO authorisation holder contracts any part of its activity to an organisation that is not itself certified or authorised in accordance with this Part to carry out such activity, the contracted organisation shall work under the approval of the operator. The contracting organisation shall ensure that the competent authority is given access to the contracted organisation, to determine continued compliance with the applicable requirements.

▼B

ORO.GEN.210    Personnel requirements

(a) The operator shall appoint an accountable manager, who has the authority for ensuring that all activities can be financed and carried out in accordance with the applicable requirements. The accountable manager shall be responsible for establishing and maintaining an effective management system.

(b) A person or group of persons shall be nominated by the operator, with the responsibility of ensuring that the operator remains in compliance with the applicable requirements. Such person(s) shall be ultimately responsible to the accountable manager.

(c) The operator shall have sufficient qualified personnel for the planned tasks and activities to be performed in accordance with the applicable requirements.

(d) The operator shall maintain appropriate experience, qualification and training records to show compliance with point (c).

(e) The operator shall ensure that all personnel are aware of the rules and procedures relevant to the exercise of their duties.

ORO.GEN.215    Facility requirements

The operator shall have facilities allowing the performance and management of all planned tasks and activities in accordance with the applicable requirements.

ORO.GEN.220    Record-keeping

(a) The operator shall establish a system of record-keeping that allows adequate storage and reliable traceability of all activities developed, covering in particular all the elements indicated in ORO.GEN.200.

(b) The format of the records shall be specified in the operator’s procedures.

(c) Records shall be stored in a manner that ensures protection from damage, alteration and theft.

▼M15

SECTION 3

Additional organisational requirements

ORO.GEN.310    Use of aircraft listed on an AOC for non-commercial operations and specialised operations

(a) 

Aircraft listed on an operator's AOC may remain on the AOC if it is operated in any of the following situations:

(1) 

by the AOC holder itself, for specialised operations in accordance with Annex VIII (Part-SPO);

(2) 

by other operators, for non-commercial operations with motor-powered aircraft or for specialised operations performed in accordance with Annex VI (Part-NCC), Annex VII (Part-NCO) or Annex VIII (Part-SPO), provided that the aircraft is used for a continuous period not exceeding 30 days.

(b) 

When the aircraft is used in accordance with point (a)(2), the AOC holder providing the aircraft and the operator using the aircraft shall establish a procedure:

(1) 

clearly identifying which operator is responsible for the operational control of each flight and to describe how the operational control is transferred between them;

(2) 

describing the handover procedure of the aircraft upon its return to the AOC holder.

That procedure shall be included in the operations manual of each operator or in a contract between the AOC holder and the operator using the aircraft in accordance with point (a)(2). The AOC holder shall establish a template of such contract. Point ORO.GEN.220 shall apply to the record-keeping of those contracts.

The AOC holder and the operator using the aircraft in accordance with point (a)(2) shall ensure that the procedure is communicated to the relevant personnel.

(c) 

The AOC holder shall submit to the competent authority the procedure referred to in point (b) for prior approval.

The AOC holder shall agree with the competent authority on the means and on the frequency of providing it with information about transfers of operational control in accordance with point ORO.GEN.130(c).

(d) 

The continuing airworthiness of the aircraft used in accordance with point (a) shall be managed by the organisation responsible for the continuing airworthiness of the aircraft included in the AOC, in accordance with Regulation (EU) No 1321/2014.

(e) 

The AOC holder providing the aircraft in accordance with point (a) shall:

(1) 

indicate in its operations manual the registration marks of the provided aircraft and the type of operations conducted with those aircraft;

(2) 

remain informed at all times and keep record of each operator that holds the operational control of the aircraft at any given moment until the aircraft is returned to the AOC holder;

(3) 

ensure that its hazard identification, risk assessment and mitigation measures address all the operations conducted with those aircraft.

(f) 

For operations under Annex VI (Part-NCC) and Annex VIII (Part-SPO), the operator using the aircraft in accordance with point (a) shall ensure all of the following:

(1) 

that every flight conducted under its operational control is recorded in the aircraft technical log system;

(2) 

that no changes to the aircraft systems or configuration are made;

▼M16

(3) 

that any defect or technical malfunction occurring while the aircraft is under its operational control is reported to the organisation referred in point (d);

▼M15

(4) 

that the AOC holder receives a copy of any occurrence report related to the flights performed with the aircraft, completed in accordance with Regulation (EU) No 376/2014 and Commission Implementing Regulation (EU) 2015/1018 ( 14 ).

▼B

SUBPART AOC

AIR OPERATOR CERTIFICATION

ORO.AOC.100    Application for an air operator certificate

(a) Without prejudice to Regulation (EC) No 1008/2008 of the European Parliament and the Council ( 15 ), prior to commencing commercial air ►M4  transport ◄ operations, the operator shall apply for and obtain an air operator certificate (AOC) issued by the competent authority.

▼M4

(b) The operator shall provide the following information to the competent authority:

(1) 

the official name and business name, address, and mailing address of the applicant;

(2) 

a description of the proposed operation, including the type(s), and number of aircraft to be operated;

(3) 

a description of the management system, including organisational structure;

(4) 

the name of the accountable manager;

(5) 

the names of the nominated persons required by ORO.AOC.135(a) together with their qualifications and experience;

(6) 

a copy of the operations manual required by ORO.MLR.100;

(7) 

a statement that all the documentation sent to the competent authority have been verified by the applicant and found in compliance with the applicable requirements.

(c) Applicants shall demonstrate to the competent authority that:

▼M6

(1) 

they comply with all the requirements of annex IV to Regulation (EC) No 216/2008, this Annex (Part-ORO), Annex IV (Part-CAT) and Annex V (Part-SPA) to this Regulation and Annex I (Part 26) to Regulation (EU) 2015/640 ( 16 );

▼M7

(2) 

all aircraft operated have a certificate of airworthiness (CofA) in accordance with Regulation (EU) No 748/2012 or are dry leased-in in accordance with ORO.AOC.110 (d); and

▼M4

(3) 

its organisation and management are suitable and properly matched to the scale and scope of the operation.

▼B

ORO.AOC.105    Operations specifications and privileges of an AOC holder

The privileges of the operator, including those granted in accordance with Annex V (Part-SPA), shall be specified in the operations specifications of the certificate.

ORO.AOC.110    Leasing agreement

Any lease-in

(a) Without prejudice to Regulation (EC) No 1008/2008, any lease agreement concerning aircraft used by an operator certified in accordance with this Part shall be subject to prior approval by the competent authority.

▼M7

(b) The operator certified in accordance with this Part shall not lease-in aircraft included in the list of operators subject to operational restrictions, registered in a State of which all operators under its oversight are subject to an operating ban or from an operator that is subject to an operating ban pursuant to Regulation (EC) No 2111/2005.

▼M15

Wet lease-in

(c) The applicant for the approval of the wet lease-in of an aircraft from a third-country operator shall demonstrate to the competent authority all of the following:

(1) 

that the third country operator holds a valid AOC issued in accordance with Annex 6 to the Convention on International Civil Aviation;

(2) 

that the safety standards of the third country operator with regard to continuing airworthiness and air operations are equivalent to the applicable requirements established by Regulation (EU) No 1321/2014 and this Regulation;

(3) 

that the aircraft has a standard CofA issued in accordance with Annex 8 to the Convention on International Civil Aviation.

▼M7

Dry lease-in

(d) An applicant for the approval of the dry lease-in of an aircraft registered in a third country shall demonstrate to the competent authority that:

(1) 

an operational need has been identified that cannot be satisfied through leasing an aircraft registered in the EU;

(2) 

the duration of the dry lease-in does not exceed seven months in any 12 consecutive month period;

(3) 

compliance with the applicable requirements of Regulation (EU) No 1321/2014 is ensured; and

(4) 

the aircraft is equipped in accordance with the EU regulations for Air Operations.

▼B

Dry lease-out

(e) The operator certified in accordance with this Part intending to dry lease-out one of its aircraft shall apply for prior approval by the competent authority. The application shall be accompanied by copies of the intended lease agreement or description of the lease provisions, except financial arrangements, and all other relevant documentation.

Wet lease-out

(f) Prior to the wet lease-out of an aircraft, the operator certified in accordance with this Part shall notify the competent authority.

ORO.AOC.115    Code-share agreements

(a) Without prejudice to applicable EU safety requirements for third country operators and aircraft, an operator certified in accordance with this Part shall enter into a code-share agreement with a third country operator only after:

(1) 

having verified that the third country operator complies with the applicable ICAO standards; and

(2) 

having provided the competent authority with documented information enabling such authority to comply with ARO.OPS.105.

(b) When implementing the code-share agreement the operator shall monitor and regularly assess the ongoing compliance of the third country operator with the applicable ICAO standards.

(c) The operator certified in accordance with this Part shall not sell and issue tickets for a flight operated by a third country operator when the third country operator is subject to an operating ban pursuant to Regulation (EC) No 2111/2005 or is failing to maintain compliance with the applicable ICAO standards.

ORO.AOC.120    Approvals to provide cabin crew training and to issue cabin crew attestations

(a) When intending to provide the training course required in Annex V (Part-CC) to ►M4  Regulation (EU) No 1178/2011 ◄ , the operator shall apply for and obtain an approval issued by the competent authority. For this purpose, the applicant shall demonstrate compliance with the requirements for the conduct and content of training course established in CC.TRA.215 and CC.TRA.220 of that Annex and shall provide the competent authority with:

(1) 

the date of intended commencement of activity;

(2) 

the personal details and qualifications of the instructors as relevant to the training elements to be covered;

(3) 

the name(s) and address(es) of the training site(s) at which the training is to be conducted;

(4) 

a description of the facilities, training methods, manuals and representative devices to be used; and

(5) 

the syllabi and associated programmes for the training course.

(b) If a Member State decides, in accordance with ARA.CC.200 of Annex VI (Part-ARA) to ►M4  Regulation (EU) No 1178/2011 ◄ , that operators may be approved to issue cabin crew attestations, the applicant shall, in addition to (a):

(1) 

demonstrate to the competent authority that:

(i) 

the organisation has the capability and accountability to perform this task;

(ii) 

the personnel conducting examinations are appropriately qualified and free from conflict of interest; and

(2) 

provide the procedures and the specified conditions for:

(i) 

conducting the examination required by CC.TRA.220;

(ii) 

issuing cabin crew attestations; and

(iii) 

supplying the competent authority with all relevant information and documentation related to the attestations it will issue and their holders, for the purpose of record-keeping, oversight and enforcement actions by that authority.

(c) The approvals referred to in (a) and (b) shall be specified in the operations specifications.

▼M15

ORO.AOC.125    Non-commercial operations of an AOC holder with aircraft listed on its AOC

(a) 

The AOC holder may conduct non-commercial operations in accordance with Annex VI (Part-NCC) or Annex VII (Part-NCO) with aircraft listed in the operations specifications of its AOC or in its operations manual, provided that the AOC holder describes such operations in detail in the operations manual, including the following:

(1) 

an identification of the applicable requirements;

(2) 

a description of any differences between operating procedures used when conducting CAT operations and non-commercial operations;

(3) 

means of ensuring that all personnel involved in the operations are fully familiar with the associated procedures.

(b) 

An AOC holder shall comply with:

(1) 

Annex VIII (Part-SPO) when conducting maintenance check flights with complex motor-powered aircraft;

(2) 

Annex VII (Part-NCO) when conducting maintenance check flights with other than complex motor-powered aircraft.

(c) 

An AOC holder conducting operations referred to in points (a) and (b) shall not be required to submit a declaration in accordance with this Annex.

(d) 

The AOC holder shall specify the type of flight, as listed in its operations manual, in the flight-related documents (operational flight plan, loadsheet and other equivalent documents).

▼M7

ORO.AOC.130    Flight data monitoring-aeroplanes

(a) 

The operator shall establish and maintain a flight data monitoring programme, which shall be integrated in its management system, for aeroplanes with a maximum certificated take-off mass of more than 27 000 kg.

(b) 

The flight data monitoring programme shall be non-punitive and contain adequate safeguards to protect the source(s) of the data.

▼B

ORO.AOC.135    Personnel requirements

▼M15

(a)

In accordance with point ORO.GEN.210(b), the operator shall nominate persons responsible for the management and supervision of the following areas:

(1) 

flight operations;

(2) 

crew member training;

(3) 

ground operations;

(4) 

continuing airworthiness or for the continuing airworthiness management contract in accordance with Regulation (EU) No 1321/2014, as the case may be.

▼B

(b)

Adequacy and competency of personnel

(1) The operator shall employ sufficient personnel for the planned ground and flight operations.

(2) All personnel assigned to, or directly involved in, ground and flight operations shall:

(i) 

be properly trained;

(ii) 

demonstrate their capabilities in the performance of their assigned duties; and

(iii) 

be aware of their responsibilities and the relationship of their duties to the operation as a whole.

(c)

Supervision of personnel

(1) The operator shall appoint a sufficient number of personnel supervisors, taking into account the structure of the operator’s organisation and the number of personnel employed.

(2) The duties and responsibilities of these supervisors shall be defined, and any other necessary arrangements shall be made to ensure that they can discharge their supervisory responsibilities.

(3) The supervision of crew members and personnel involved in the operation shall be exercised by individuals with adequate experience and the skills to ensure the attainment of the standards specified in the operations manual.

ORO.AOC.140    Facility requirements

In accordance with ORO.GEN.215, the operator shall:

(a) 

make use of appropriate ground handling facilities to ensure the safe handling of its flights;

(b) 

arrange operational support facilities at the main operating base, appropriate for the area and type of operation; and

(c) 

ensure that the available working space at each operating base is sufficient for personnel whose actions may affect the safety of flight operations. Consideration shall be given to the needs of ground crew, personnel concerned with operational control, the storage and display of essential records and flight planning by crews.

ORO.AOC.150    Documentation requirements

(a) The operator shall make arrangements for the production of manuals and any other documentation required and associated amendments.

(b) The operator shall be capable of distributing operational instructions and other information without delay.

▼M1

SUBPART DEC

DECLARATION

ORO.DEC.100 Declaration

▼M4

The operator of complex motor-powered aircraft engaged in non-commercial operations or non-commercial specialised operations, and the commercial specialised operator shall:

▼M1

(a) 

provide the competent authority with all relevant information prior to commencing operations, using the form contained in Appendix I to this Annex;

(b) 

notify to the competent authority a list of the alternative means of compliance used;

(c) 

maintain compliance with the applicable requirements and with the information given in the declaration;

(d) 

notify the competent authority without delay of any changes to its declaration or the means of compliance it uses through submission of an amended declaration using the form contained in Appendix I to this Annex; and

(e) 

notify the competent authority when it ceases operation.

▼M4

SUBPART SPO

COMMERCIAL SPECIALISED OPERATIONS

ORO.SPO.100    Common requirements for commercial specialised operators

(a) A commercial specialised operator shall in addition to ORO.DEC.100 also comply with ORO.AOC.135, ORO.AOC.140 and ORO.AOC.150.

(b) Aircraft shall have a certificate of airworthiness (CofA) in accordance with Regulation (EU) No 748/2012 or shall be leased-in in accordance with (c).

▼M15

(c) A commercial specialised operator shall obtain prior approval of the competent authority and comply with the following conditions:

(1) 

for wet leasing-in an aircraft of a third-country operator:

(i) 

that the safety standards of a third-country operator with regard to continuing airworthiness and air operations are equivalent to the applicable requirements established by Regulation (EU) No 1321/2014 ( 17 ) and this Regulation;

(ii) 

that the aircraft of a third-country operator has a standard CofA issued in accordance with Annex 8 to the Convention on International Civil Aviation;

(iii) 

that the duration of the wet lease-in does not exceed seven months in any 12 consecutive month period;

(2) 

for dry leasing-in an aircraft registered in a third country:

(i) 

that an operational need that cannot be satisfied through leasing an aircraft registered in the Union has been identified;

(ii) 

that the duration of the dry lease-in does not exceed seven months in any 12 consecutive month period;

(iii) 

that the safety standards of the third-country aircraft with regard to continuing airworthiness are equivalent to the applicable requirements established by Regulation (EU) No 1321/2014;

(iv) 

that the aircraft is equipped in accordance with Annex VIII (Part SPO).

▼M4

ORO.SPO.110    Authorisation of high risk commercial specialised operations

(a) A commercial specialised operator shall apply for and obtain an authorisation issued by the competent authority of the operator prior to commencing a high risk commercial specialised operation:

(1) 

that is carried out over an area where the safety of third parties on the ground is likely to be endangered in the event of an emergency, or

(2) 

that, as determined by the competent authority of the place where the operation is conducted, due to its specific nature and the local environment in which it is conducted, poses a high risk, in particular to third parties on the ground.

(b) The operator shall provide the following information to the competent authority:

(1) 

the official name and business name, address, and mailing address of the applicant;

(2) 

a description of the management system, including organisational structure;

(3) 

a description of the proposed operation, including the type(s), and number of aircraft to be operated;

(4) 

the risk assessment documentation and related standard operating procedures, required by SPO.OP.230;

(5) 

a statement that all the documentation sent to the competent authority has been verified by the operator and found in compliance with the applicable requirements.

(c) The application for an authorisation or its amendment shall be made in a form and manner established by the competent authority, taking into account the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules.

ORO.SPO.115    Changes

(a) Any change affecting the scope of the authorisation or the authorised operations shall require prior approval of the competent authority. Any change not covered by the initial risk assessment, shall require the submission of an amended risk assessment and SOP to the competent authority.

(b) The application for approval of a change shall be submitted before any such change takes place, in order to enable the competent authority to determine continued compliance with Regulation (EC) No 216/2008 and its Implementing Rules and to amend, if necessary, the authorisation. The operator shall provide the competent authority with any relevant documentation.

(c) The change shall only be implemented upon receipt of formal approval by the competent authority in accordance with ARO.OPS.150.

(d) The operator shall operate under the conditions prescribed by the competent authority during such changes, as applicable.

ORO.SPO.120    Continued validity

(a) An operator holding a specialised operation authorisation shall comply with the scope and privileges defined in the authorisation.

(b) The operator’s authorisation shall remain valid subject to:

(1) 

the operator remaining in compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules, taking into account the provisions related to the handling of findings as specified under ORO.GEN.150;

(2) 

the competent authority being granted access to the operator as defined in ORO.GEN.140 to determine continued compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules; and

(3) 

the authorisation not being surrendered or revoked.

(c) Upon revocation or surrender the authorisation shall be returned to the competent authority without delay.

▼B

SUBPART MLR

MANUALS, LOGS AND RECORDS

ORO.MLR.100    Operations manual — general

(a) The operator shall establish an operations manual (OM) as specified under 8.b of Annex IV to Regulation (EC) No 216/2008.

▼M4

(b) The content of the OM shall reflect the requirements set out in this Annex, Annex IV (Part-CAT), Annex V (Part-SPA), Annex VI (Part-NCC) and Annex VIII (Part-SPO), as applicable, and shall not contravene the conditions contained in the operations specifications to the air operator certificate (AOC), the SPO authorisation or the declaration and the list of specific approvals, as applicable.

▼B

(c) The OM may be issued in separate parts.

(d) All operations personnel shall have easy access to the portions of the OM that are relevant to their duties.

(e) The OM shall be kept up to date. All personnel shall be made aware of the changes that are relevant to their duties.

(f) Each crew member shall be provided with a personal copy of the relevant sections of the OM pertaining to their duties. Each holder of an OM, or appropriate parts of it, shall be responsible for keeping their copy up to date with the amendments or revisions supplied by the operator.

(g) For AOC holders:

(1) 

for amendments required to be notified in accordance with ORO.GEN.115(b) and ORO.GEN.130(c), the operator shall supply the competent authority with intended amendments in advance of the effective date; and

(2) 

for amendments to procedures associated with prior approval items in accordance with ORO.GEN.130, approval shall be obtained before the amendment becomes effective.

▼M4

(g1) For SPO authorisation holders, any amendment associated with the authorised standard operating procedures, prior approval shall be obtained before the amendment becomes effective.

▼B

(h) Notwithstanding (g) ►M4  and (g1) ◄ , when immediate amendments or revisions are required in the interest of safety, they may be published and applied immediately, provided that any approval required has been applied for.

(i) The operator shall incorporate all amendments and revisions required by the competent authority.

(j) The operator shall ensure that information taken from approved documents, and any amendment thereof, is correctly reflected in the OM. This does not prevent the operator from publishing more conservative data and procedures in the OM.

(k) The operator shall ensure that all personnel are able to understand the language in which those parts of the OM which pertain to their duties and responsibilities are written. The content of the OM shall be presented in a form that can be used without difficulty and observes human factors principles.

ORO.MLR.101    Operations manual — structure for commercial air transport

▼M14

Except for operations with single-engined propeller-driven aeroplanes with an MOPSC of 5 or less or single-engined non-complex helicopters with an MOPSC of 5 or less, taking off and landing at the same aerodrome or operating site, under VFR by day, the main structure of the OM shall be as follows:

▼B

(a) 

Part A: General/Basic, comprising all non-type-related operational policies, instructions and procedures;

(b) 

Part B: Aircraft operating matters, comprising all type-related instructions and procedures, taking into account differences between types/classes, variants or individual aircraft used by the operator;

(c) 

Part C: Commercial air transport operations, comprising route/role/area and aerodrome/operating site instructions and information;

(d) 

Part D: Training, comprising all training instructions for personnel required for a safe operation.

ORO.MLR.105    Minimum equipment list

▼M5

(a) A minimum equipment list (MEL) shall be established as specified under point 8.a.3 of Annex IV to Regulation (EC) No 216/2008, based on the relevant master minimum equipment list (MMEL) as defined in the data established in accordance with Regulation (EU) No 748/2012. If an MMEL has not been established as part of the operational suitability data, the MEL may be based on the relevant MMEL accepted by the State of Operator or Registry as applicable.

▼B

(b) The MEL and any amendment thereto shall be approved by the competent authority.

(c) The operator shall amend the MEL after any applicable change to the MMEL within the acceptable timescales.

(d) In addition to the list of items, the MEL shall contain:

(1) 

a preamble, including guidance and definitions for flight crews and maintenance personnel using the MEL;

(2) 

the revision status of the MMEL upon which the MEL is based and the revision status of the MEL;

(3) 

the scope, extent and purpose of the MEL.

(e) The operator shall:

(1) 

establish rectification intervals for each inoperative instrument, item of equipment or function listed in the MEL. The rectification interval in the MEL shall not be less restrictive than the corresponding rectification interval in the MMEL;

(2) 

establish an effective rectification programme;

(3) 

only operate the aircraft after expiry of the rectification interval specified in the MEL when:

(i) 

the defect has been rectified; or

(ii) 

the rectification interval has been extended in accordance with (f).

(f) Subject to approval of the competent authority, the operator may use a procedure for the one time extension of category B, C and D rectification intervals, provided that:

(1) 

the extension of the rectification interval is within the scope of the MMEL for the aircraft type;

(2) 

the extension of the rectification interval is, as a maximum, of the same duration as the rectification interval specified in the MEL;

(3) 

the rectification interval extension is not used as a normal means of conducting MEL item rectification and is used only when events beyond the control of the operator have precluded rectification;

(4) 

a description of specific duties and responsibilities for controlling extensions is established by the operator;

(5) 

the competent authority is notified of any extension of the applicable rectification interval; and

(6) 

a plan to accomplish the rectification at the earliest opportunity is established.

(g) The operator shall establish the operational and maintenance procedures referenced in the MEL taking into account the operational and maintenance procedures referenced in the MMEL. These procedures shall be part of the operator’s manuals or the MEL.

(h) The operator shall amend the operational and maintenance procedures referenced in the MEL after any applicable change to the operational and maintenance procedures referenced in the MMEL.

(i) Unless otherwise specified in the MEL, the operator shall complete:

(1) 

the operational procedures referenced in the MEL when planning for and/or operating with the listed item inoperative; and

(2) 

the maintenance procedures referenced in the MEL prior to operating with the listed item inoperative.

(j) Subject to a specific case-by-case approval by the competent authority, the operator may operate an aircraft with inoperative instruments, items of equipment or functions outside the constraints of the MEL but within the constraints of the MMEL, provided that:

▼M2

(1) 

the concerned instruments, items of equipment or functions are within the scope of the MMEL as defined in point (a);

▼B

(2) 

the approval is not used as a normal means of conducting operations outside the constraints of the approved MEL and is used only when events beyond the control of the operator have precluded the MEL compliance;

(3) 

a description of specific duties and responsibilities for controlling the operation of the aircraft under such approval is established by the operator; and

(4) 

a plan to rectify the inoperative instruments, items of equipment or functions or to return operating the aircraft under the MEL constraints at the earliest opportunity is established.

ORO.MLR.110    Journey log

Particulars of the aircraft, its crew and each journey shall be retained for each flight, or series of flights, in the form of a journey log, or equivalent.

ORO.MLR.115    Record-keeping

▼M4

(a) The following records shall be stored for at least 5 years.

(1) 

for CAT operators, records of the activities referred to in ORO.GEN.200;

(2) 

for declared operators, a copy of the operator’s declaration, details of approvals held and operations manual;

(3) 

for SPO authorisation holders, in addition to (a)(2), records related to the risk assessment conducted in accordance with SPO.OP.230 and related standard operating procedures.

▼B

(b) The following information used for the preparation and execution of a flight, and associated reports, shall be stored for three months:

(1) 

the operational flight plan, if applicable;

(2) 

route-specific notice(s) to airmen (NOTAM) and aeronautical information services (AIS) briefing documentation, if edited by the operator;

(3) 

mass and balance documentation;

(4) 

notification of special loads, including written information to the commander/pilot-in-command about dangerous goods ►M4  , if applicable ◄ ;

(5) 

the journey log, or equivalent; and

(6) 

flight report(s) for recording details of any occurrence, or any event that the commander/pilot-in-command deems necessary to report or record;

(c) Personnel records shall be stored for the periods indicated below:



Flight crew licence and cabin crew attestation

As long as the crew member is exercising the privileges of the licence or attestation for the aircraft operator

Crew member training, checking and qualifications

3 years

Records on crew member recent experience

15 months

Crew member route and aerodrome/task and area competence, as appropriate

3 years

Dangerous goods training, as appropriate

3 years

Training/qualification records of other personnel for whom a training programme is required

Last 2 training records

(d) The operator shall:

(1) 

maintain records of all training, checking and qualifications of each crew member, as prescribed in Part-ORO; and

(2) 

make such records available, on request, to the crew member concerned.

(e) The operator shall preserve the information used for the preparation and execution of a flight and personnel training records, even if the operator ceases to be the operator of that aircraft or the employer of that crew member, provided this is within the timescales prescribed in (c).

(f) If a crew member becomes a crew member for another operator, the operator shall make the crew member’s records available to the new operator, provided this is within the timescales prescribed in (c).

SUBPART SEC

SECURITY

▼M16

ORO.SEC.100    Flight crew compartment security — aeroplanes

(a) 

In an aeroplane which is equipped with a secure flight crew compartment door, that door shall be capable of being locked, and means shall be provided by which the cabin crew can notify the flight crew in the event of suspicious activity or security breaches in the cabin.

(b) 

All passenger-carrying aeroplanes that are engaged in the commercial transportation of passengers shall be equipped with an approved secure flight crew compartment door that is capable of being locked and unlocked from either pilot's station and designed to meet the applicable airworthiness requirements, where such airplanes fall within any of the following categories:

(1) 

aeroplanes with an MCTOM that exceeds 54 500 kg;

(2) 

aeroplanes with an MCTOM that exceeds 45 500 kg and have an MOPSC of more than 19; or

(3) 

aeroplanes with an MOPSC of more than 60.

(c) 

In all aeroplanes which are equipped with a secure flight crew compartment door in accordance with point (b):

(1) 

that door shall be closed prior to engine start for take-off and shall be locked when required so by security procedures or by the pilot-in-command until engine shutdown after landing, except when deemed to be necessary for authorised persons to access or egress in compliance with national civil aviation security programmes;

(2) 

means shall be provided for monitoring from either pilot's station the entire door area outside the flight crew compartment to identify persons that request to enter and to detect suspicious behaviour or potential threat.

▼M4

ORO.SEC.105    Flight crew compartment security — helicopters

▼B

If installed, the flight crew compartment door on a helicopter operated for the purpose of carrying passengers shall be capable of being locked from within the flight crew compartment in order to prevent unauthorised access.

SUBPART FC

FLIGHT CREW

▼M4

ORO.FC.005    Scope

This Subpart establishes requirements to be met by the operator related to flight crew training, experience and qualification and comprises:

(a) 

SECTION 1 specifying common requirements applicable to both non-commercial operations of complex motor-powered aircraft and any commercial operation;

▼M14

(b) 

SECTION 2 specifying additional requirements applicable to commercial air transport operations, with the exception of commercial air transport operations of passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site and within a local area specified by the competent authority, with:

(1) 

single-engined propeller-driven aeroplanes having an MCTOM of 5 700 kg or less and an MOPSC of 5 or less; or

(2) 

other-than-complex motor-powered helicopters, single-engined, with an MOPSC of 5 or less;

▼M4

(c) 

SECTION 3 specifying additional requirements for commercial specialised operations and for those referred to in b(1) and (2).

▼M1

SECTION 1

Common requirements

▼B

ORO.FC.100    Composition of flight crew

(a) The composition of the flight crew and the number of flight crew members at designated crew stations shall be not less than the minimum specified in the aircraft flight manual or operating limitations prescribed for the aircraft.

(b) The flight crew shall include additional flight crew members when required by the type of operation and shall not be reduced below the number specified in the operations manual.

(c) All flight crew members shall hold a licence and ratings issued or accepted in accordance with Commission Regulation (EU) No 1178/2011 ( 18 ) and appropriate to the duties assigned to them.

(d) The flight crew member may be relieved in flight of his/her duties at the controls by another suitably qualified flight crew member.

(e) When engaging the services of flight crew members who are working on a freelance or part-time basis, the operator shall verify that all applicable requirements of this Subpart and the relevant elements of Annex I (Part-FCL) to Regulation (EU) No 1178/2011, including the requirements on recent experience, are complied with, taking into account all services rendered by the flight crew member to other operator(s) to determine in particular:

(1) 

the total number of aircraft types or variants operated; and

(2) 

the applicable flight and duty time limitations and rest requirements.

ORO.FC.105    Designation as pilot-in-command/commander

(a) In accordance with 8.e of Annex IV to Regulation (EC) No 216/2008, one pilot amongst the flight crew, qualified as pilot-in-command in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011, shall be designated by the operator as ►M1  pilot-in-command or, for commercial air transport operations, as commander. ◄

(b) The operator shall only designate a flight crew member to act as pilot-in-command/commander if he/she has:

(1) 

the minimum level of experience specified in the operations manual;

(2) 

adequate knowledge of the route or area to be flown and of the aerodromes, including alternate aerodromes, facilities and procedures to be used;

(3) 

in the case of multi-crew operations, completed an operator’s command course if upgrading from co-pilot to pilot-in-command/commander.

(c)  ►M4  In the case of commercial operations of aeroplanes and helicopters, ◄ the pilot-in-command/commander or the pilot, to whom the conduct of the flight may be delegated, shall have had initial familiarisation training of the route or area to be flown and of the aerodromes, facilities and procedures to be used. This route/area and aerodrome knowledge shall be maintained by operating at least once on the route or area or to the aerodrome within a 12-month period.

▼M4

(d) Point (c) shall not apply in the case of:

(1) 

performance class B aeroplanes involved in commercial air transport operations under VFR by day; and

▼M5

(2) 

commercial air transport operations of passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site or within a local area specified by the competent authority, with other-than complex motor-powered helicopters, single-engined, with a MOPSC of 5.

▼B

ORO.FC.110    Flight engineer

When a separate flight engineer station is incorporated in the design of an aeroplane, the flight crew shall include one crew member who is suitably qualified in accordance with applicable national rules.

ORO.FC.115    Crew resource management (CRM) training

(a) Before operating, the flight crew member shall have received CRM training, appropriate to his/her role, as specified in the operations manual.

(b) Elements of CRM training shall be included in the aircraft type or class training and recurrent training as well as in the command course.

ORO.FC.120    Operator conversion training

(a) In the case of aeroplane or helicopter operations, the flight crew member shall complete the operator conversion training course before commencing unsupervised line flying:

(1) 

when changing to an aircraft for which a new type or class rating is required;

(2) 

when joining an operator.

(b) The operator conversion training course shall include training on the equipment installed on the aircraft as relevant to flight crew members’ roles.

ORO.FC.125    Differences training and familiarisation training

(a) Flight crew members shall complete differences or familiarisation training when required by Annex I (Part-FCL) to Regulation (EU) No 1178/2011 and when changing equipment or procedures requiring additional knowledge on types or variants currently operated.

(b) The operations manual shall specify when such differences or familiarisation training is required.

ORO.FC.130    Recurrent training and checking

(a) Each flight crew member shall complete annual recurrent flight and ground training relevant to the type or variant of aircraft on which he/she operates, including training on the location and use of all emergency and safety equipment carried.

(b) Each flight crew member shall be periodically checked to demonstrate competence in carrying out normal, abnormal and emergency procedures.

ORO.FC.135    Pilot qualification to operate in either pilot’s seat

Flight crew members who may be assigned to operate in either pilot’s seat shall complete appropriate training and checking as specified in the operations manual.

ORO.FC.140    Operation on more than one type or variant

▼M2

(a) Flight crew members operating more than one type or variant of aircraft shall comply with the requirements prescribed in this Subpart for each type or variant, unless credits related to the training, checking, and recent experience requirements are defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012 for the relevant types or variants.

▼B

(b) Appropriate procedures and/or operational restrictions shall be specified in the operations manual for any operation on more than one type or variant.

▼M18

ORO.FC.145    Provision of training, checking and assessment

(a) 

All training, checking and assessment required in this Subpart shall be conducted in accordance with the training programmes and syllabi established by the operator in the operations manual;

(b) 

When establishing the training programmes and syllabi, the operator shall include the relevant elements defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012.

(c) 

In the case of CAT operations, training and checking programmes, including syllabi and use of individual flight simulation training devices (FSTDs), shall be approved by the competent authority.

(d) 

The FSTD shall replicate the aircraft used by the operator, as far as practicable. Differences between the FSTD and the aircraft shall be described and addressed through a briefing or training, as appropriate.

(e) 

The operator shall establish a system to adequately monitor changes to the FSTD and to ensure that those changes do not affect the adequacy of the training programmes.

▼M18

ORO.FC.146    Personnel providing training, checking and assessment

(a) 

All training, checking and assessment required in this Subpart shall be conducted by appropriately qualified personnel.

(b) 

In the case of flight and flight simulation training and checking, the personnel that provides the training and conducts the checks shall be qualified in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011.

(c) 

For an EBT programme, the personnel that performs assessment and provides training shall:

(1) 

hold an Annex I (Part-FCL) instructor or examiner certificate;

(2) 

complete the operator’s EBT instructor standardisation programme. This shall include an initial standardisation programme and a recurrent standardisation programme.

Completion of the operator’s EBT initial standardisation will qualify the instructor to perform EBT practical assessment.

(d) 

Notwithstanding point (b) above, the line evaluation of competence shall be conducted by a suitably qualified commander nominated by the operator that is standardised in EBT concepts and the assessment of competencies (line evaluator).

▼M1

SECTION 2

Additional requirements for commercial air transport operations

▼B

ORO.FC.200    Composition of flight crew

(a) There shall not be more than one inexperienced flight crew member in any flight crew.

(b) The commander may delegate the conduct of the flight to another pilot suitably qualified in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 provided that the requirements of ORO.FC.105(b)(1), (b)(2) and (c) are complied with.

(c) Specific requirements for aeroplane operations under instrument flight rules (IFR) or at night.

(1) 

The minimum flight crew shall be two pilots for all turbo-propeller aeroplanes with a maximum operational passenger seating configuration (MOPSC) of more than nine and all turbojet aeroplanes.

(2) 

Aeroplanes other than those covered by (c)(1) shall be operated with a minimum crew of two pilots, unless the requirements of ORO.FC.202 are complied with, in which case they may be operated by a single pilot.

(d) Specific requirements for helicopter operations.

(1) 

For all operations of helicopters with an MOPSC of more than 19 and for operations under IFR of helicopters with an MOPSC of more than 9:

(i) 

the minimum flight crew shall be two pilots; and

(ii) 

the commander shall be the holder of an airline transport pilot licence (helicopter) (ATPL(H)) with an instrument rating issued in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011.

(2) 

Operations not covered by (d)(1) may be operated by a single pilot under IFR or at night provided that the requirements of ORO.FC.202 are complied with.

ORO.FC.A.201    In-flight relief of flight crew members

(a) The commander may delegate the conduct of the flight to:

(1) 

another qualified commander; or

(2) 

for operations only above flight level (FL) 200, a pilot who complies with the following minimum qualifications:

(i) 

ATPL;

(ii) 

conversion training and checking, including type rating training, in accordance with ORO.FC.220;

(iii) 

all recurrent training and checking in accordance with ORO.FC.230 and ORO.FC.240;

(iv) 

route/area and aerodrome competence in accordance with ORO.FC.105.

(b) The co-pilot may be relieved by:

(1) 

another suitably qualified pilot;

(2) 

for operations only above FL 200, a cruise relief co-pilot that complies with the following minimum qualifications:

(i) 

valid commercial pilot licence (CPL) with an instrument rating;

(ii) 

conversion training and checking, including type rating training, in accordance with ORO.FC.220 except the requirement for take-off and landing training;

(iii) 

recurrent training and checking in accordance with ORO.FC.230 except the requirement for take-off and landing training.

(c) A flight engineer may be relieved in flight by a crew member suitably qualified in accordance with applicable national rules.

ORO.FC.202    Single-pilot operations under IFR or at night

In order to be able to fly under IFR or at night with a minimum flight crew of one pilot, as foreseen in ORO.FC.200(c)(2) and (d)(2), the following shall be complied with:

(a) 

The operator shall include in the operations manual a pilot’s conversion and recurrent training programme that includes the additional requirements for a single-pilot operation. The pilot shall have undertaken training on the operator’s procedures, in particular regarding:

(1) 

engine management and emergency handling;

(2) 

use of normal, abnormal and emergency checklist;

(3) 

air traffic control (ATC) communication;

(4) 

departure and approach procedures;

(5) 

autopilot management, if applicable;

(6) 

use of simplified in-flight documentation;

(7) 

single-pilot crew resource management.

(b) 

The recurrent checks required by ORO.FC.230 shall be performed in the single-pilot role on the relevant type or class of aircraft in an environment representative of the operation.

(c) 

For aeroplane operations under IFR the pilot shall have:

(1) 

a minimum of 50 hours flight time under IFR on the relevant type or class of aeroplane, of which 10 hours are as commander; and

(2) 

completed during the preceding 90 days on the relevant type or class of aeroplane:

(i) 

five IFR flights, including three instrument approaches, in a single-pilot role; or

(ii) 

an IFR instrument approach check.

(d) 

For aeroplane operations at night the pilot shall have:

(1) 

a minimum of 15 hours flight time at night which may be included in the 50 hours flight time under IFR in (c)(1); and

(2) 

completed during the preceding 90 days on the relevant type or class of aeroplane:

(i) 

three take-offs and landings at night in the single pilot role; or

(ii) 

a night take-off and landing check.

(e) 

For helicopter operations under IFR the pilot shall have:

(1) 

25 hours total IFR flight experience in the relevant operating environment; and

(2) 

25 hours flight experience as a single pilot on the specific type of helicopter, approved for single-pilot IFR, of which 10 hours may be flown under supervision, including five sectors of IFR line flying under supervision using the single-pilot procedures; and

(3) 

completed during the preceding 90 days:

(i) 

five IFR flights as a single pilot, including three instrument approaches, carried out on a helicopter approved for this purpose; or

(ii) 

an IFR instrument approach check as a single pilot on the relevant type of helicopter, flight training device (FTD) or full flight simulator (FFS).

ORO.FC.205    Command course

(a) For aeroplane and helicopter operations, the command course shall include at least the following elements:

(1) 

training in an FSTD, which includes line oriented flight training (LOFT) and/or flight training;

(2) 

the operator proficiency check, operating as commander;

(3) 

command responsibilities training;

(4) 

line training as commander under supervision, for a minimum of:

(i) 

10 flight sectors, in the case of aeroplanes; and

(ii) 

10 hours, including at least 10 flight sectors, in the case of helicopters;

(5) 

completion of a line check as commander and demonstration of adequate knowledge of the route or area to be flown and of the aerodromes, including alternate aerodromes, facilities and procedures to be used; and

(6) 

crew resource management training.

ORO.FC.215    Initial operator’s crew resource management (CRM) training

(a) The flight crew member shall have completed an initial CRM training course before commencing unsupervised line flying.

(b) Initial CRM training shall be conducted by at least one suitably qualified CRM trainer who may be assisted by experts in order to address specific areas.

(c) If the flight crew member has not previously received theoretical training in human factors to the ATPL level, he/she shall complete, before or combined with the initial CRM training, a theoretical course provided by the operator and based on the human performance and limitations syllabus for the ATPL as established in Annex I (Part-FCL) to Regulation (EU) No 1178/2011.

ORO.FC.220    Operator conversion training and checking

(a) CRM training shall be integrated into the operator conversion training course.

(b) Once an operator conversion course has been commenced, the flight crew member shall not be assigned to flying duties on another type or class of aircraft until the course is completed or terminated. Crew members operating only performance class B aeroplanes may be assigned to flights on other types of performance class B aeroplanes during conversion courses to the extent necessary to maintain the operation.

(c) The amount of training required by the flight crew member for the operator’s conversion course shall be determined in accordance with the standards of qualification and experience specified in the operations manual, taking into account his/her previous training and experience.

(d) The flight crew member shall complete:

(1) 

the operator proficiency check and the emergency and safety equipment training and checking before commencing line flying under supervision (LIFUS); and

(2) 

the line check upon completion of line flying under supervision. For performance class B aeroplanes, LIFUS may be performed on any aeroplane within the applicable class.

▼M2

(e) In the case of aeroplanes, pilots that have been issued a type rating based on a zero flight-time training (‘ZFTT’) course shall:

(1) 

commence line flying under supervision not later than 21 days after the completion of the skill test or after appropriate training provided by the operator. The content of that training shall be described in the operations manual;

(2) 

complete six take-offs and landings in an FSTD not later than 21 days after the completion of the skill test under the supervision of a type rating instructor for aeroplanes (‘TRI(A)’) occupying the other pilot seat. The number of take-offs and landings may be reduced when credits are defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012. If those take-offs and landings have not been performed within 21 days, the operator shall provide refresher training the content of which shall be described in the operations manual;

(3) 

conduct the first four take-offs and landings of the LIFUS in the aeroplane under the supervision of a TRI(A) occupying the other pilot seat. The number of take-offs and landings may be reduced when credits are defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012.

▼B

ORO.FC.230    Recurrent training and checking

(a)

Each flight crew member shall complete recurrent training and checking relevant to the type or variant of aircraft on which they operate.

(b)

Operator proficiency check

(1) Each flight crew member shall complete operator proficiency checks as part of the normal crew complement to demonstrate competence in carrying out normal, abnormal and emergency procedures.

(2) When the flight crew member will be required to operate under IFR, the operator proficiency check shall be conducted without external visual reference, as appropriate.

(3) The validity period of the operator proficiency check shall be six calendar months. For operations under VFR by day of performance class B aeroplanes conducted during seasons not longer than eight consecutive months, one operator proficiency check shall be sufficient. The proficiency check shall be undertaken before commencing commercial air transport operations.

▼M5

(4) The flight crew member involved in operations by day and over routes navigated by reference to visual landmarks with an other-than complex motor-powered helicopter may complete the operator proficiency check in only one of the relevant types held. The operator proficiency check shall be performed each time on the type least recently used for the proficiency check. The relevant helicopter types that may be grouped for the purpose of the operator proficiency check shall be contained in the operations manual.

(5) Notwithstanding ORO.FC.145(a)(2), for operations of other-than complex motor-powered helicopters by day and over routes navigated by reference to visual landmarks and performance class B aeroplanes, the check may be conducted by a suitably qualified commander nominated by the operator, trained in CRM concepts and the assessment of CRM skills. The operator shall inform the competent authority about the persons nominated.

▼B

(c)

Line check

(1) Each flight crew member shall complete a line check on the aircraft to demonstrate competence in carrying out normal line operations described in the operations manual. The validity period of the line check shall be 12 calendar months.

(2) Notwithstanding ORO.FC.145(a)(2), line checks may be conducted by a suitably qualified commander nominated by the operator, trained in CRM concepts and the assessment of CRM skills.

(d)

Emergency and safety equipment training and checking

Each flight crew member shall complete training and checking on the location and use of all emergency and safety equipment carried. The validity period of an emergency and safety equipment check shall be 12 calendar months.

(e)

CRM training

(1) Elements of CRM shall be integrated into all appropriate phases of the recurrent training.

(2) Each flight crew member shall undergo specific modular CRM training. All major topics of CRM training shall be covered by distributing modular training sessions as evenly as possible over each three-year period.

(f)

Each flight crew member shall undergo ground training and flight training in an FSTD or an aircraft, or a combination of FSTD and aircraft training, at least every 12 calendar months.

(g)

The validity periods mentioned in (b)(3), (c) and (d) shall be counted from the end of the month when the check was taken.

(h)

When the training or checks required above are undertaken within the last three months of the validity period, the new validity period shall be counted from the original expiry date.

▼M18

ORO.FC.231    Evidence-based training

(a) 

EBT PROGRAMME

(1) 

The operator may substitute the requirements of ORO.FC.230 by establishing, implementing and maintaining a suitable EBT programme approved by the competent authority.

The operator shall demonstrate its capability to support the implementation of the EBT programme (including an implementation plan) and perform a safety risk assessment demonstrating how an equivalent level of safety is achieved.

(2) 

The EBT programme shall:

(i) 

correspond to the size of the operator, and the nature and complexity of its activities, taking into account the hazards and associated risks inherent in those activities;

(ii) 

ensure pilot competence by assessing and developing pilot competencies required for a safe, effective and efficient operation of aircraft;

(iii) 

ensure that each pilot is exposed to the assessment and training topics derived in accordance with ORO.FC.232;

(iv) 

include at least six EBT modules distributed across a 3-year programme; each EBT module shall consist of an evaluation phase and a training phase. The validity period of a EBT module shall be 12 months;

(A) 

The evaluation phase comprises a line-orientated flight scenario (or scenarios) to assess all competencies and identify individual training needs.

(B) 

The training phase comprises:

(a) 

the manoeuvres training phase, comprising training to proficiency in certain defined manoeuvres;

(b) 

the scenario-based training phase, comprising a line-orientated flight scenario (or scenarios) to develop competencies and address individual training needs.

The training phase shall be conducted in a timely manner after the evaluation phase.

(3) 

The operator shall ensure that each pilot enrolled in the EBT programme completes:

(i) 

a minimum of two EBT modules within the validity period of the type rating, separated by a period of not less than 3 months. The EBT module is completed when:

(A) 

the content of the EBT programme is completed for that EBT module (exposure of the pilot to the assessment and training topics); and

(B) 

an acceptable level of performance in all observed competencies has been demonstrated;

(ii) 

line evaluation(s) of competence; and

(iii) 

ground training.

(4) 

The operator shall establish an EBT instructor standardisation and concordance assurance programme to ensure that the instructors involved in EBT are properly qualified to perform their tasks.

(i) 

All instructors must be subject to this programme;

(ii) 

The operator shall use appropriate methods and metrics to assess concordance;

(iii) 

The operator shall demonstrate that the instructors have sufficient concordance.

(5) 

The EBT programme may include contingency procedures for unforeseen circumstances that could affect the delivery of the EBT modules. The operator shall demonstrate the need for those procedures. The procedures shall ensure that a pilot does not continue line operations if the performance observed was below the minimum acceptable level. They may include:

(i) 

a different separation period between EBT modules; and

(ii) 

different order of the phases of the EBT module.

(b) 

COMPETENCY FRAMEWORK

The operator shall use a competency framework for all aspects of assessment and training within an EBT programme. The competency framework shall:

(1) 

be comprehensive, accurate, and usable;

(2) 

include observable behaviours required for safe, effective and efficient operations;

(3) 

include a defined set of competencies, their descriptions and their associated observable behaviours.

(c) 

TRAINING SYSTEM PERFORMANCE

(1) 

The EBT system performance shall be measured and evaluated through a feedback process in order to:

(i) 

validate and refine the operator’s EBT programme;

(ii) 

ascertain that the operator’s EBT programme develops pilot competencies.

(2) 

The feedback process shall be included in the operator’s management system.

(3) 

The operator shall develop procedures governing the protection of EBT data.

(d) 

GRADING SYSTEM

(1) 

The operator shall use a grading system to assess the pilot competencies. The grading system shall ensure:

(i) 

a sufficient level of detail to enable accurate and useful measurements of individual performance;

(ii) 

a performance criterion and a scale for each competency, with a point on the scale which determines the minimum acceptable level to be achieved for the conduct of line operations. The operator shall develop procedures to address low performance of the pilot;

(iii) 

data integrity;

(iv) 

data security.

(2) 

The operator shall verify at regular intervals the accuracy of the grading system against a criterion-referenced system.

(e) 

SUITABLE TRAINING DEVICES AND VOLUME OF HOURS TO COMPLETE THE OPERATOR’S EBT PROGRAMME

(1) 

Each EBT module shall be conducted in an FSTD with a qualification level adequate to ensure the correct delivery of the assessment and training topics.

(2) 

The operator shall provide a sufficient volume of hours in the suitable training device for the pilot to complete the operator’s EBT programme. The criteria to determine the volume of the EBT programme are as follows:

(i) 

The volume corresponds to the size and complexity of the EBT programme;

(ii) 

The volume is sufficient to complete the EBT programme;

(iii) 

The volume ensures an effective EBT programme taking into account the recommendations provided by ICAO, the Agency, and the competent authority;

(iv) 

The volume corresponds to the technology of the training devices used.

(f) 

EQUIVALENCY OF MALFUNCTIONS

(1) 

Each pilot shall receive assessment and training in the management of aircraft system malfunctions.

(2) 

Aircraft system malfunctions that place a significant demand on a proficient crew shall be organised by reference to the following characteristics:

(i) 

immediacy;

(ii) 

complexity;

(iii) 

degradation of aircraft control;

(iv) 

loss of instrumentation;

(v) 

management of consequences.

(3) 

Each pilot shall be exposed to at least one malfunction for each characteristic at the frequency determined by the table of assessment and training topics.

(4) 

Demonstrated proficiency in the management of one malfunction is considered equivalent to demonstrated proficiency in the management of other malfunctions with the same characteristics.

(g) 

EQUIVALENCY OF APPROACHES RELEVANT TO OPERATIONS

(1) 

The operator shall ensure that each pilot receives regular training in the conduct of approach types and approach methods relevant to operations.

(2) 

This training shall include approaches that place an additional demand on a proficient crew.

(3) 

This training shall include the approaches that require specific approval in accordance with Annex V (Part- SPA) to this Regulation.

(h) 

LINE EVALUATION OF COMPETENCE

(1) 

Each pilot shall periodically undertake a line evaluation of competence in an aircraft to demonstrate the safe, effective and efficient conduct of normal line operations described in the operations manual.

(2) 

The validity period of a line evaluation of competence shall be 12 months.

(3) 

The operator approved for EBT may, with the approval of the competent authority, extend the validity of the line evaluation of competence to:

(i) 

either 2 years, subject to a risk assessment;

(ii) 

or 3 years, subject to a feedback process for the monitoring of line operations which identifies threats to the operations, minimises the risks of such threats, and implements measures to manage human error in the operations.

(4) 

For successful completion of the line evaluation of competence, the pilot shall demonstrate an acceptable level of performance in all observed competencies.

(i) 

GROUND TRAINING

(1) 

Every 12 calendar months, each pilot shall undergo:

(i) 

technical ground training;

(ii) 

assessment and training on the location and use of all emergency and safety equipment carried on the aircraft.

(2) 

The operator may, with the approval of the competent authority and subject to a risk assessment, extend the period of assessment and training on the location and use of all emergency and safety equipment carried on the aircraft to 24 months.

ORO.FC.232    EBT programme assessment and training topics

(a) 

The operator shall ensure that each pilot is exposed to the assessment and training topics.

(b) 

The assessment and training topics shall be:

(1) 

derived from safety and operational data that are used to identify the areas for improvement and prioritisation of pilot training to guide in the construction of suitable EBT programmes;

(2) 

distributed across a 3-year period at a defined frequency;

(3) 

relevant to the type or variant of aircraft on which the pilot operates.

▼M18

ORO.FC.235    Pilot qualification to operate in either pilot’s seat

(a) Commanders whose duties require them to operate in either pilot seat and carry out the duties of a co-pilot, or commanders required to conduct training or checking duties, shall complete additional training and checking as specified in the operations manual. The check may be conducted together with the operator proficiency check prescribed in point ORO.FC.230(b) or in the EBT programme prescribed in point ORO.FC.231.

▼B

(b) The additional training and checking shall include at least the following:

(1) 

an engine failure during take-off;

(2) 

a one-engine-inoperative approach and go-around; and

(3) 

a one-engine-inoperative landing.

(c) In the case of helicopters, commanders shall also complete their proficiency checks from left- and right-hand seats, on alternate proficiency checks, provided that when the type rating proficiency check is combined with the operator proficiency check the commander completes his/her training or checking from the normally occupied seat.

(d) When engine-out manoeuvres are carried out in an aircraft, the engine failure shall be simulated.

(e) When operating in the co-pilot’s seat, the checks required by ORO.FC.230 for operating in the commander’s seat shall, in addition, be valid and current.

(f) The pilot relieving the commander shall have demonstrated, concurrent with the operator proficiency checks prescribed in ORO.FC.230(b), practice of drills and procedures that would not, normally, be his/her responsibility. Where the differences between left- and right-hand seats are not significant, practice may be conducted in either seat.

(g) The pilot other than the commander occupying the commander’s seat shall demonstrate practice of drills and procedures, concurrent with the operator proficiency checks prescribed in ORO.FC.230(b), which are the commander’s responsibility acting as pilot monitoring. Where the differences between left- and right-hand seats are not significant, practice may be conducted in either seat.

ORO.FC.240    Operation on more than one type or variant

(a) The procedures or operational restrictions for operation on more than one type or variant established in the operations manual and approved by the competent authority shall cover:

(1) 

the flight crew members’ minimum experience level;

(2) 

the minimum experience level on one type or variant before beginning training for and operation of another type or variant;

(3) 

the process whereby flight crew qualified on one type or variant will be trained and qualified on another type or variant; and

(4) 

all applicable recent experience requirements for each type or variant.

(b) When a flight crew member operates both helicopters and aeroplanes, that flight crew member shall be limited to operations on only one type of aeroplane and one type of helicopter.

(c) Point (a) shall not apply to operations of performance class B aeroplane if they are limited to single-pilot classes of reciprocating engine aeroplanes under VFR by day. Point (b) shall not apply to operations of performance class B aeroplane if they are limited to single-pilot classes of reciprocating engine aeroplanes.

ORO.FC.A.245    Alternative training and qualification programme

(a) The aeroplane operator having appropriate experience may substitute one or more of the following training and checking requirements for flight crew by an alternative training and qualification programme (ATQP), approved by the competent authority:

(1) 

SPA.LVO.120 on flight crew training and qualifications;

(2) 

conversion training and checking;

(3) 

differences training and familiarisation training;

(4) 

command course;

(5) 

recurrent training and checking; and

(6) 

operation on more than one type or variant.

(b) The ATQP shall contain training and checking that establishes and maintains at least an equivalent level of proficiency achieved by complying with the provisions of ORO.FC.220 and ORO.FC.230. The level of flight crew training and qualification proficiency shall be demonstrated prior to being granted the ATQP approval by the competent authority.

(c) The operator applying for an ATQP approval shall provide the competent authority with an implementation plan, including a description of the level of flight crew training and qualification proficiency to be achieved.

(d) In addition to the checks required by ORO.FC.230 and FCL.060 of Annex I (Part-FCL) to Regulation (EU) No 1178/2011, each flight crew member shall complete a line oriented evaluation (LOE) conducted in an FSTD. The validity period of an LOE shall be 12 calendar months. The validity period shall be counted from the end of the month when the check was taken. When the LOE is undertaken within the last three months of the validity period, the new validity period shall be counted from the original expiry date.

(e) After two years of operating with an approved ATQP, the operator may, with the approval of the competent authority, extend the validity periods of the checks in ORO.FC.230 as follows:

(1) 

Operator proficiency check to 12 calendar months. The validity period shall be counted from the end of the month when the check was taken. When the check is undertaken within the last three months of the validity period, the new validity period shall be counted from the original expiry date.

(2) 

Line check to 24 calendar months. The validity period shall be counted from the end of the month when the check was taken. When the check is undertaken within the last six months of the validity period, the new validity period shall be counted from the original expiry date.

(3) 

Emergency and safety equipment checking to 24 calendar months. The validity period shall be counted from the end of the month when the check was taken. When the check is undertaken within the last six months of the validity period, the new validity period shall be counted from the original expiry date.

ORO.FC.A.250    Commanders holding a CPL(A)

▼M10

(a) The holder of a CPL(A) (aeroplane) shall only act as commander in commercial air transport on a single-pilot aeroplane if either of the following conditions is met:

(1) 

when carrying passengers under VFR outside a radius of 50 NM (90 km) from an aerodrome of departure, he/she has a minimum of 500 hours of flight time on aeroplanes or holds a valid instrument rating;

(2) 

when operating on a multi-engine type under IFR, he/she has a minimum of 700 hours of flight time on aeroplanes, including 400 hours as pilot-in-command. These hours shall include 100 hours under IFR and 40 hours in multi-engine operations. The 400 hours as pilot-in-command may be substituted by hours operating as co-pilot within an established multi-pilot crew system prescribed in the operations manual, on the basis of two hours of flight time as co-pilot for one hour of flight time as pilot-in command;

(3) 

when operating on a single-engined aeroplane under IFR, he/she has a minimum of 700 hours of flight time on aeroplanes, including 400 hours as pilot-in-command. Those hours shall include 100 hours under IFR. The 400 hours as pilot-in-command may be substituted by hours operating as co-pilot within an established multi-pilot crew system prescribed in the operations manual, on the basis of two hours of flight time as co-pilot for one hour of flight time as pilot-in command.

▼B

(b) For operations under VFR by day of performance class B aeroplanes (a)(1) shall not apply.

ORO.FC.H.250    Commanders holding a CPL(H)

(a) The holder of a CPL(H) (helicopter) shall only act as commander in commercial air transport on a single-pilot helicopter if:

(1) 

when operating under IFR, he/she has a minimum of 700 hours total flight time on helicopters, including 300 hours as pilot-in-command. These hours shall include 100 hours under IFR. The 300 hours as pilot-in-command may be substituted by hours operating as co-pilot within an established multi-pilot crew system prescribed in the operations manual on the basis of two hours of flight time as co-pilot for one hour flight time as pilot-in command;

(2) 

when operating under visual meteorological conditions (VMC) at night, he/she has:

(i) 

a valid instrument rating; or

(ii) 

300 hours of flight time on helicopters, including 100 hours as pilot-in-command and 10 hours as pilot flying at night.

▼M4

SECTION 3

Additional requirements for commercial specialised operations and CAT operations referred to in ORO.FC.005(b)(1) and (2)

ORO.FC.330    Recurrent training and checking — operator proficiency check

(a) Each flight crew member shall complete operator proficiency checks to demonstrate his/her competence in carrying out normal, abnormal and emergency procedures, covering the relevant aspects associated with the specialised tasks described in the operations manual.

(b) Appropriate consideration shall be given when operations are undertaken under IFR or at night.

(c) The validity period of the operator proficiency check shall be 12 calendar months. The validity period shall be counted from the end of the month when the check was taken. When the operator proficiency check is undertaken within the last three months of the validity period, the new validity period shall be counted from the original expiry date.

▼B

SUBPART CC

CABIN CREW

ORO.CC.005    Scope

▼M1

This Subpart establishes the requirements to be met by the operator when operating an aircraft with cabin crew and comprises:

(a) 

Section 1 specifying common requirements applicable to all operations; and

(b) 

Section 2 specifying additional requirements only applicable to commercial air transport operations.

▼B

SECTION 1

▼M1

Common requirements

▼M15

ORO.CC.100    Number and composition of cabin crew

(a) 

For the operation of aircraft with an MOPSC of more than 19, at least one cabin crew member shall be assigned when carrying one or more passenger(s).

(b) 

For the purpose of complying with point (a), the minimum number of cabin crew members shall be the greatest number amongst the following:

(1) 

the number of cabin crew members established during the aircraft certification process in accordance with the applicable certification specifications, for the aircraft cabin configuration used by the operator;

(2) 

if the number under point (1) has not been established, the number of cabin crew members established during the aircraft certification process for the maximum certified passenger seating configuration reduced by 1 for every whole multiple of 50 passenger seats of the aircraft cabin configuration used by the operator falling below the maximum certified seating capacity;

(3) 

one cabin crew member for every 50, or fraction of 50, passenger seats installed on the same deck of the aircraft to be operated.

(c) 

For operations with more than one cabin crew member, the operator shall nominate one cabin crew member accountable to the pilot-in-command or the commander.

(d) 

By way of derogation from point (a), non-commercial operations with aircraft with an MOPSC of more than 19 may be performed without an operating cabin crew member, subject to the prior approval by the competent authority. To obtain the approval, the operator shall ensure that all of the following conditions are fulfilled:

(1) 

there are maximum 19 passengers on board;

(2) 

the operator has developed procedures for that operation.

▼B

ORO.CC.110    Conditions for assignment to duties

(a) Cabin crew members shall only be assigned to duties on an aircraft if they:

(1) 

are at least 18 years of age;

(2) 

have been assessed, in accordance with the applicable requirements of Annex IV (Part-MED) to Regulation (EU) No 1178/2011, as physically and mentally fit to perform their duties and discharge their responsibilities safely; and

(3) 

have successfully completed all applicable training and checking required by this Subpart and are competent to perform the assigned duties in accordance with the procedures specified in the operations manual.

(b) Before assigning to duties cabin crew members who are working on a freelance or part-time basis, the operator shall verify that all applicable requirements of this Subpart are complied with, taking into account all services rendered by the cabin crew member to any other operator(s), to determine in particular:

(1) 

the total number of aircraft types and variants operated; and

(2) 

the applicable flight and duty time limitations and rest requirements.

(c) Operating cabin crew members, as well as their role with regard to the safety of passengers and flight, shall be clearly identified to the passengers.

ORO.CC.115    Conduct of training courses and associated checking

(a) A detailed programme and syllabus shall be established by the operator for each training course in accordance with the applicable requirements of this Subpart, and of Annex V (Part-CC) to ►M4  Regulation (EU) No 1178/2011 ◄ where applicable, to cover the duties and responsibilities to be discharged by the cabin crew members.

(b) Each training course shall include theoretical and practical instruction together with individual or collective practice, as relevant to each training subject, in order that the cabin crew member achieves and maintains the adequate level of proficiency in accordance with this Subpart.

(c) Each training course shall be:

(1) 

conducted in a structured and realistic manner; and

(2) 

performed by personnel appropriately qualified for the subject to be covered.

(d) During or following completion of all training required by this Subpart, each cabin crew member shall undergo a check covering all training elements of the relevant training programme, except for crew resource management (CRM) training. Checks shall be performed by personnel appropriately qualified to verify that the cabin crew member has achieved and/or maintains the required level of proficiency.

(e) CRM training courses and CRM modules where applicable shall be conducted by a cabin crew CRM instructor. When CRM elements are integrated in other training, a cabin crew CRM instructor shall manage the definition and implementation of the syllabus.

ORO.CC.120    Initial training course

(a) Each new entrant who does not already hold a valid cabin crew attestation issued in accordance with Annex V (Part-CC) to ►M4  Regulation (EU) No 1178/2011 ◄ :

(1) 

shall be provided with an initial training course as specified in CC.TRA.220 of that Annex; and

(2) 

shall successfully undergo the associated examination before undertaking other training required by this Subpart.

(b) Elements of the initial training programme may be combined with the first aircraft type specific training and operator conversion training, provided that the requirements of CC.TRA.220 are met and any such element(s) are recorded as elements of the initial training course in the training records of the cabin crew members concerned.

ORO.CC.125    Aircraft type specific training and operator conversion training

(a) Each cabin crew member shall have completed appropriate aircraft type specific training and operator conversion training, as well as the associated checks, before being:

(1) 

first assigned by the operator to operate as a cabin crew member; or

(2) 

assigned by that operator to operate on another aircraft type.

▼M2

(b) When establishing the aircraft type specific and the operator conversion training programmes and syllabi, the operator shall include, where available, the relevant elements defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012.

▼B

(c) The aircraft type specific training programme shall:

(1) 

involve training and practice on a representative training device or on the actual aircraft; and

(2) 

cover at least the following aircraft type specific training elements:

(i) 

aircraft description as relevant to cabin crew duties;

(ii) 

all safety equipment and systems installed relevant to cabin crew duties;

(iii) 

operation and actual opening, by each cabin crew member, of each type or variant of normal and emergency doors and exits in the normal and emergency modes;

(iv) 

demonstration of the operation of the other exits including flight crew compartment windows;

(v) 

fire and smoke protection equipment where installed;

(vi) 

evacuation slide training, where fitted;

(vii) 

operation of the seat, restraint system and oxygen system equipment relevant to pilot incapacitation.

(d) The operator conversion training programme for each aircraft type to be operated shall:

(1) 

involve training and practice on a representative training device or on the actual aircraft;

(2) 

include training in the operator’s standard operating procedures for cabin crew members to be first assigned to duties by the operator;

(3) 

cover at least the following operator specific training elements as relevant to the aircraft type to be operated:

(i) 

description of the cabin configuration;

(ii) 

location, removal and use of all portable safety and emergency equipment carried on-board;

(iii) 

all normal and emergency procedures;

(iv) 

passenger handling and crowd control;

(v) 

fire and smoke training including the use of all related fire-fighting and protective equipment representative of that carried on-board;

(vi) 

evacuation procedures;

(vii) 

pilot incapacitation procedures;

(viii) 

applicable security requirements and procedures;

(ix) 

crew resource management.

ORO.CC.130    Differences training

(a) In addition to the training required in ORO.CC.125, the cabin crew member shall complete appropriate training and checking covering any differences before being assigned on:

(1) 

a variant of an aircraft type currently operated; or

(2) 

a currently operated aircraft type or variant with different:

(i) 

safety equipment;

(ii) 

safety and emergency equipment location; or

(iii) 

normal and emergency procedures.

(b) The differences training programme shall:

(1) 

be determined as necessary on the basis of a comparison with the training programme completed by the cabin crew member, in accordance with ORO.CC.125(c) and (d), for the relevant aircraft type; and

(2) 

involve training and practice in a representative training device or the actual aircraft as relevant to the difference training element to be covered.

▼M2

(c) When establishing a differences training programme and syllabus for a variant of an aircraft type currently operated, the operator shall include, where available, the relevant elements defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012.

▼B

ORO.CC.135    Familiarisation

After completion of aircraft type specific training and operator conversion training on an aircraft type, each cabin crew member shall complete appropriate supervised familiarisation on the type before being assigned to operate as a member of the minimum number of cabin crew required in accordance with ORO.CC.100.

ORO.CC.140    Recurrent training

(a) Each cabin crew member shall complete annually recurrent training and checking.

(b) Recurrent training shall cover the actions assigned to each member of the cabin crew in normal and emergency procedures and drills relevant to each aircraft type and/or variant to be operated.

(c) Aircraft type specific training elements:

(1) 

Recurrent training shall include annually touch-drills by each cabin crew member for simulating the operation of each type or variant of normal and emergency doors and exits for passenger evacuation.

(2) 

Recurrent training shall also include at intervals not exceeding three years:

(i) 

operation and actual opening by each cabin crew member, in a representative training device or in the actual aircraft, of each type or variant of normal and emergency exits in the normal and emergency modes;

(ii) 

actual operation by each cabin crew member, in a representative training device or in the actual aircraft, of the flight crew compartment security door, in both normal and emergency modes, and of the seat and restraint system, and a practical demonstration of the oxygen system equipment relevant to pilot incapacitation;

(iii) 

demonstration of the operation of all other exits including the flight crew compartment windows; and

(iv) 

demonstration of the use of the life-raft, or slide raft, where fitted.

(d) Operator specific training elements:

(1) 

Recurrent training shall include annually:

(i) 

by each cabin crew member:

(A) 

location and handling of all safety and emergency equipment installed or carried on board; and

(B) 

the donning of life-jackets, portable oxygen and protective breathing equipment (PBE);

(ii) 

stowage of articles in the passenger compartment;

(iii) 

procedures related to aircraft surface contamination;

(iv) 

emergency procedures;

(v) 

evacuation procedures;

(vi) 

incident and accident review;

(vii) 

crew resource management;

(viii) 

aero-medical aspects and first aid including related equipment;

(ix) 

security procedures.

(2) 

Recurrent training shall also include at intervals not exceeding three years:

(i) 

use of pyrotechnics (actual or representative devices);

(ii) 

practical demonstration of the use of flight crew checklists;

(iii) 

realistic and practical training in the use of all fire-fighting equipment, including protective clothing, representative of that carried in the aircraft;

(iv) 

by each cabin crew member:

(A) 

extinguishing a fire characteristic of an aircraft interior fire;

(B) 

donning and use of PBE in an enclosed simulated smoke-filled environment.

(e) Validity periods:

(1) 

The annual recurrent training validity period shall be 12 calendar months counted from the end of the month when the check was taken.

(2) 

If the recurrent training and checking required in (a) are undertaken within the last three calendar months of the validity period, the new validity period shall be counted from the original expiry date.

(3) 

For the additional triennial training elements specified in (c)(2) and (d)(2), the validity period shall be 36 calendar months counted from the end of the month when the checks were taken.

ORO.CC.145    Refresher training

(a) When a cabin crew member, during the preceding six months within the validity period of the last relevant recurrent training and checking:

(1) 

has not performed any flying duties, he/she shall, before being reassigned to such duties, complete refresher training and checking for each aircraft type to be operated; or

(2) 

has not performed flying duties on one particular aircraft type, he/she shall, before being reassigned to duties, complete on that aircraft type:

(i) 

refresher training and checking; or

(ii) 

two familiarisation flights in accordance with ORO.CC.135.

(b) The refresher training programme for each aircraft type shall at least cover:

(1) 

emergency procedures;

(2) 

evacuation procedures;

(3) 

operation and actual opening, by each cabin crew member, of each type or variant of normal and emergency exits and of the flight crew compartment security door in the normal and emergency modes;

(4) 

demonstration of the operation of all other exits including the flight crew compartment windows;

(5) 

location and handling of all relevant safety and emergency equipment installed or carried on-board.

(c) The operator may elect to replace refresher training by recurrent training if the reinstatement of the cabin crew member’s flying duties commences within the validity period of the last recurrent training and checking. If that validity period has expired, refresher training may only be replaced by aircraft type specific and operator conversion training as specified in ORO.CC.125.

SECTION 2

Additional requirements for commercial air transport operations

ORO.CC.200    Senior cabin crew member

(a) When more than one cabin crew member is required, the composition of the cabin crew shall include a senior cabin crew member nominated by the operator.

(b) The operator shall nominate cabin crew members to the position of senior cabin crew member only if they:

(1) 

have at least one year of experience as operating cabin crew member; and

(2) 

have successfully completed a senior cabin crew training course and the associated check.

(c) The senior cabin crew training course shall cover all duties and responsibilities of senior cabin crew members and shall include at least the following elements:

(1) 

pre-flight briefing;

(2) 

cooperation with the crew;

(3) 

review of operator requirements and legal requirements;

(4) 

accident and incident reporting;

(5) 

human factors and crew resource management (CRM); and

(6) 

flight and duty time limitations and rest requirements.

(d) The senior cabin crew member shall be responsible to the commander for the conduct and coordination of normal and emergency procedures specified in the operations manual, including for discontinuing non-safety-related duties for safety or security purposes.

(e) The operator shall establish procedures to select the most appropriately qualified cabin crew member to act as senior cabin crew member if the nominated senior cabin crew member becomes unable to operate. Changes to these procedures shall be notified to the competent authority.

▼M15

ORO.CC.205    Reduction of the number of cabin crew members during ground operations and in unforeseen circumstances

(a) 

Whenever passengers are on board an aircraft, the minimum number of cabin crew members required in accordance with point ORO.CC.100 shall be present in the aircraft and ready to act.

(b) 

By way of derogation from point (a), the minimum number of cabin crew members may be reduced in either of the following cases:

(1) 

during normal ground operations not involving refuelling or defuelling when the aircraft is at its parking station;

(2) 

in unforeseen circumstances if the number of passengers carried on the flight is reduced. In this case, a report shall be submitted to the competent authority after completion of the flight;

(3) 

for the purpose of providing in-flight rest during the cruise phase, either in accordance with point ORO.FTL.205(e) or as a fatigue mitigation implemented by the operator.

(c) 

For the purposes of points (b)(1) and (b)(2), the operator's procedures of the operations manual shall ensure that:

(1) 

an equivalent level of safety is achieved with the reduced number of cabin crew members, in particular for evacuation of passengers;

(2) 

despite the reduced number of cabin crew members a senior cabin crew member is present in accordance with point ORO.CC.200;

(3) 

at least one cabin crew member is required for every 50, or fraction of 50, passengers present on the same deck of the aircraft;

(4) 

in the case of normal ground operations with aircraft requiring more than one cabin crew member, the number determined in accordance with point (3) shall be increased by one cabin crew member per each pair of floor level emergency exits.

(d) 

For the purposes of point (b)(3), the operator shall:

(1) 

conduct a risk assessment to determine the number of cabin crew members who are to be present and ready to act at all times during cruise;

(2) 

identify measures to mitigate the effects of having a lower number of cabin crew members being present and ready to act during cruise;

(3) 

establish in the operations manual specific procedures, including for the in-flight rest of the senior cabin crew member, that ensure at all times appropriate passenger handling and efficient management of any abnormal or emergency situations;

(4) 

specify, in the flight time specification scheme in accordance with point ORO.FTL.125, the conditions under which in-flight rest may be provided to the cabin crew members.

▼B

ORO.CC.210    Additional conditions for assignment to duties

Cabin crew members shall only be assigned to duties, and operate, on a particular aircraft type or variant if they:

(a) 

hold a valid attestation issued in accordance with Annex V (Part-CC) to ►M4  Regulation (EU) No 1178/2011 ◄ ;

(b) 

are qualified on the type or variant in accordance with this Subpart;

(c) 

comply with the other applicable requirements of this Subpart and Annex IV (Part-CAT);

(d) 

wear the operator’s cabin crew uniform.

ORO.CC.215    Training and checking programs and related documentation

(a) Training and checking programmes including syllabi required by this Subpart shall be approved by the competent authority and specified in the operations manual.

(b) After a cabin crew member has successfully completed a training course and the associated check, the operator shall:

(1) 

update the cabin crew member’s training records in accordance with ORO.MLR.115; and

(2) 

provide him/her with a list showing updated validity periods as relevant to the aircraft type(s) and variant(s) on which the cabin crew member is qualified to operate.

ORO.CC.250    Operation on more than one aircraft type or variant

(a) A cabin crew member shall not be assigned to operate on more than three aircraft types, except that, with the approval of the competent authority, the cabin crew member may be assigned to operate on four aircraft types if for at least two of the types:

(1) 

safety and emergency equipment and type-specific normal and emergency procedures are similar; and

(2) 

non-type-specific normal and emergency procedures are identical.

(b) For the purpose of (a) and for cabin crew training and qualifications, the operator shall determine:

▼M2

(1) 

each aircraft as a type or a variant taking into account, where available, the relevant elements defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012 for the relevant aircraft type or variant; and

▼B

(2) 

variants of an aircraft type to be different types if they are not similar in the following aspects:

(i) 

emergency exit operation;

(ii) 

location and type of portable safety and emergency equipment;

(iii) 

type-specific emergency procedures.

ORO.CC.255    Single cabin crew member operations

(a) The operator shall select, recruit, train and check the proficiency of cabin crew members to be assigned to single cabin crew member operations according to criteria appropriate to this type of operation.

(b) Cabin crew members who have no previous operating experience as single cabin crew member shall only be assigned to such type of operation after they have:

(1) 

completed training as required in (c) in addition to other applicable training and checking required by this Subpart;

(2) 

successfully passed the checks verifying their proficiency in discharging their duties and responsibilities in accordance with the procedures specified in the operations manual; and

(3) 

undertaken familiarisation flying of at least 20 hours and 15 sectors on the relevant aircraft type under the supervision of an appropriately experienced cabin crew member.

(c) The following additional training elements shall be covered with particular emphasis to reflect single cabin crew operations:

(1) 

responsibility to the commander for the conduct of normal and emergency procedures;

(2) 

importance of coordination and communication with the flight crew, in particular when managing unruly or disruptive passengers;

(3) 

review of operator requirements and legal requirements;

(4) 

documentation;

(5) 

accident and incident reporting; and

(6) 

flight and duty time limitations and rest requirements.

SUBPART TC

TECHNICAL CREW IN HEMS, HHO OR NVIS OPERATIONS

ORO.TC.100    Scope

This Subpart establishes the requirements to be met by the operator when operating an aircraft with technical crew members in commercial air transport helicopter emergency medical service (HEMS), night vision imaging system (NVIS) operations or helicopter hoist operations (HHO).

ORO.TC.105    Conditions for assignment to duties

(a) Technical crew members in commercial air transport HEMS, HHO or NVIS operations shall only be assigned duties if they:

(1) 

are at least 18 years of age;

(2) 

are physically and mentally fit to safely discharge assigned duties and responsibilities;

(3) 

have completed all applicable training required by this Subpart to perform the assigned duties;

(4) 

have been checked as proficient to perform all assigned duties in accordance with the procedures specified in the operations manual.

(b) Before assigning to duties technical crew members who are self-employed and/or working on a freelance or part-time basis, the operator shall verify that all applicable requirements of this Subpart are complied with, taking into account all services rendered by the technical crew member to other operator(s) to determine in particular:

(1) 

the total number of aircraft types and variants operated;

(2) 

the applicable flight and duty time limitations and rest requirements.

ORO.TC.110    Training and checking

(a) The operator shall establish a training programme in accordance with the applicable requirements of this Subpart to cover the duties and responsibilities to be performed by technical crew members.

(b) Following the completion of initial, operator conversion, differences and recurrent training, each technical crew member shall undergo a check to demonstrate their proficiency in carrying out normal and emergency procedures.

(c) Training and checking shall be conducted for each training course by personnel suitably qualified and experienced in the subject to be covered. The operator shall inform the competent authority about the personnel conducting the checks.

ORO.TC.115    Initial training

Before undertaking the operator conversion training, each technical crew member shall complete initial training, including:

(a) 

general theoretical knowledge on aviation and aviation regulations covering all elements relevant to the duties and responsibilities required of technical crew;

(b) 

fire and smoke training;

(c) 

survival training on ground and in water, appropriate to the type and area of operation;

(d) 

aero-medical aspects and first-aid;

(e) 

communication and relevant CRM elements of ORO.FC.115 and ORO.FC.215.

ORO.TC.120    Operator conversion training

Each technical crew member shall complete:

(a) 

operator conversion training, including relevant CRM elements,

(1) 

before being first assigned by the operator as a technical crew member; or

(2) 

when changing to a different aircraft type or class, if any of the equipment or procedures mentioned in (b) are different.

(b) 

Operator conversion training shall include:

(1) 

the location and use of all safety and survival equipment carried on the aircraft;

(2) 

all normal and emergency procedures;

(3) 

on-board equipment used to carry out duties in the aircraft or on the ground for the purpose of assisting the pilot during HEMS, HHO or NVIS operations.

ORO.TC.125    Differences training

(a) Each technical crew member shall complete differences training when changing equipment or procedures on types or variants currently operated.

(b) The operator shall specify in the operations manual when such differences training is required.

ORO.TC.130    Familiarisation flights

Following completion of the operator conversion training, each technical crew member shall undertake familiarisation flights prior to operating as a required technical crew member in HEMS, HHO or NVIS operations.

ORO.TC.135    Recurrent training

(a) Within every 12-month period, each technical crew member shall undergo recurrent training relevant to the type or class of aircraft and equipment that the technical crew member operates. Elements of CRM shall be integrated into all appropriate phases of the recurrent training.

(b) Recurrent training shall include theoretical and practical instruction and practice.

ORO.TC.140    Refresher training

(a) Each technical crew member who has not undertaken duties in the previous six months shall complete the refresher training specified in the operations manual.

(b) The technical crew member who has not performed flying duties on one particular aircraft type or class during the preceding six months shall, before being assigned on that type or class, complete either:

(1) 

refresher training on the type or class; or

(2) 

two familiarisation sectors on the aircraft type or class.

▼M3

SUBPART FTL

FLIGHT AND DUTY TIME LIMITATIONS AND REST REQUIREMENTS

SECTION 1

General

ORO.FTL.100 Scope

This Subpart establishes the requirements to be met by an operator and its crew members with regard to flight and duty time limitations and rest requirements for crew members.

ORO.FTL.105 Definitions

For the purpose of this Subpart, the following definitions shall apply:

(1) 

‘acclimatised’ means a state in which a crew member’s circadian biological clock is synchronised to the time zone where the crew member is. A crew member is considered to be acclimatised to a 2-hour wide time zone surrounding the local time at the point of departure. When the local time at the place where a duty commences differs by more than 2 hours from the local time at the place where the next duty starts, the crew member, for the calculation of the maximum daily flight duty period, is considered to be acclimatised in accordance with the values in the Table 1.



Table 1

Time difference (h) between reference time and local time where the crew member starts the next duty

Time elapsed since reporting at reference time

 

< 48

48–71:59

72–95:59

96–119:59

≥ 120

< 4

B

D

D

D

D

≤ 6

B

X

D

D

D

≤ 9

B

X

X

D

D

≤ 12

B

X

X

X

D

‘B’

means acclimatised to the local time of the departure time zone,

‘D’

means acclimatised to the local time where the crew member starts his/her next duty, and

‘X’

means that a crew member is in an unknown state of acclimatisation;

(2) 

‘reference time’ means the local time at the reporting point situated in a 2-hour wide time zone band around the local time where a crew member is acclimatised;

(3) 

‘accommodation’ means, for the purpose of standby and split duty, a quiet and comfortable place not open to the public with the ability to control light and temperature, equipped with adequate furniture that provides a crew member with the possibility to sleep, with enough capacity to accommodate all crew members present at the same time and with access to food and drink;

(4) 

‘suitable accommodation’ means, for the purpose of standby, split duty and rest, a separate room for each crew member located in a quiet environment and equipped with a bed, which is sufficiently ventilated, has a device for regulating temperature and light intensity, and access to food and drink;

(5) 

‘augmented flight crew’ means a flight crew which comprises more than the minimum number required to operate the aircraft, allowing each flight crew member to leave the assigned post, for the purpose of in-flight rest, and to be replaced by another appropriately qualified flight crew member;

(6) 

‘break’ means a period of time within a flight duty period, shorter than a rest period, counting as duty and during which a crew member is free of all tasks;

(7) 

‘delayed reporting’ means the postponement of a scheduled FDP by the operator before a crew member has left the place of rest;

(8) 

‘disruptive schedule’ means a crew member’s roster which disrupts the sleep opportunity during the optimal sleep time window by comprising an FDP or a combination of FDPs which encroach, start or finish during any portion of the day or of the night where a crew member is acclimatised. A schedule may be disruptive due to early starts, late finishes or night duties.

(a) 

‘early type’ of disruptive schedule means:

(i) 

for ‘early start’ a duty period starting in the period between 05:00 and 05:59 in the time zone to which a crew member is acclimatised; and

(ii) 

for ‘late finish’ a duty period finishing in the period between 23:00 and 01:59 in the time zone to which a crew member is acclimatised;

(b) 

‘late type’ of disruptive schedule means:

(i) 

for ‘early start’ a duty period starting in the period between 05:00 and 06:59 in the time zone to which a crew member is acclimatised; and

(ii) 

for ‘late finish’ a duty period finishing in the period between 00:00 and 01:59 in the time zone to which a crew member is acclimatised;

(9) 

‘night duty’ means a duty period encroaching any portion of the period between 02:00 and 04:59 in the time zone to which the crew is acclimatised;

(10) 

‘duty’ means any task that a crew member performs for the operator, including flight duty, administrative work, giving or receiving training and checking, positioning, and some elements of standby;

(11) 

‘duty period’ means a period which starts when a crew member is required by an operator to report for or to commence a duty and ends when that person is free of all duties, including post-flight duty;

(12) 

‘flight duty period (“FDP”)’ means a period that commences when a crew member is required to report for duty, which includes a sector or a series of sectors, and finishes when the aircraft finally comes to rest and the engines are shut down, at the end of the last sector on which the crew member acts as an operating crew member;

▼M14

(13) 

‘flight time’ means, for aeroplanes, the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and all engines or propellers are shut down;

▼M3

(14) 

‘home base’ means the location, assigned by the operator to the crew member, from where the crew member normally starts and ends a duty period or a series of duty periods and where, under normal circumstances, the operator is not responsible for the accommodation of the crew member concerned;

(15) 

‘local day’ means a 24-hour period commencing at 00:00 local time;

(16) 

‘local night’ means a period of 8 hours falling between 22:00 and 08:00 local time;

(17) 

‘operating crew member’ means a crew member carrying out duties in an aircraft during a sector;

(18) 

‘positioning’ means the transferring of a non-operating crew member from one place to another, at the behest of the operator, excluding:

— 
the time of travel from a private place of rest to the designated reporting place at home base and vice versa, and
— 
the time for local transfer from a place of rest to the commencement of duty and vice versa;
(19) 

‘rest facility’ means a bunk or seat with leg and foot support suitable for crew members’ sleeping on board an aircraft;

(20) 

‘reserve’ means a period of time during which a crew member is required by the operator to be available to receive an assignment for an FDP, positioning or other duty notified at least 10 hours in advance;

(21) 

‘rest period’ means a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which a crew member is free of all duties, standby and reserve;

(22) 

‘rotation’ is a duty or a series of duties, including at least one flight duty, and rest periods out of home base, starting at home base and ending when returning to home base for a rest period where the operator is no longer responsible for the accommodation of the crew member;

(23) 

‘single day free of duty’ means, for the purpose of complying with the provisions of Council Directive 2000/79/EC ( 19 ), a time free of all duties and standby consisting of one day and two local nights, which is notified in advance. A rest period may be included as part of the single day free of duty;

(24) 

‘sector’ means the segment of an FDP between an aircraft first moving for the purpose of taking off until it comes to rest after landing on the designated parking position;

(25) 

‘standby’ means a pre-notified and defined period of time during which a crew member is required by the operator to be available to receive an assignment for a flight, positioning or other duty without an intervening rest period;

(26) 

‘airport standby’ means a standby performed at the airport;

(27) 

‘other standby’ means a standby either at home or in a suitable accommodation;

(28) 

‘window of circadian low (“WOCL”)’ means the period between 02:00 and 05:59 hours in the time zone to which a crew member is acclimatised.

ORO.FTL.110 Operator responsibilities

An operator shall:

(a) 

publish duty rosters sufficiently in advance to provide the opportunity for crew members to plan adequate rest;

(b) 

ensure that flight duty periods are planned in a way that enables crew members to remain sufficiently free from fatigue so that they can operate to a satisfactory level of safety under all circumstances;

(c) 

specify reporting times that allow sufficient time for ground duties;

(d) 

take into account the relationship between the frequency and pattern of flight duty periods and rest periods and give consideration to the cumulative effects of undertaking long duty hours combined with minimum rest periods;

(e) 

allocate duty patterns which avoid practices that cause a serious disruption of an established sleep/work pattern, such as alternating day/night duties;

(f) 

comply with the provisions concerning disruptive schedules in accordance with ARO.OPS.230;

(g) 

provide rest periods of sufficient time to enable crew members to overcome the effects of the previous duties and to be rested by the start of the following flight duty period;

(h) 

plan recurrent extended recovery rest periods and notify crew members sufficiently in advance;

(i) 

plan flight duties in order to be completed within the allowable flight duty period taking into account the time necessary for pre-flight duties, the sector and turnaround times;

(j) 

change a schedule and/or crew arrangements if the actual operation exceeds the maximum flight duty period on more than 33 % of the flight duties in that schedule during a scheduled seasonal period.

ORO.FTL.115 Crew member responsibilities

Crew members shall:

(a) 

comply with point CAT.GEN.MPA.100(b) of Annex IV (Part-CAT); and

(b) 

make optimum use of the opportunities and facilities for rest provided and plan and use their rest periods properly.

ORO.FTL.120 Fatigue risk management (FRM)

(a) When FRM is required by this Subpart or an applicable certification specification, the operator shall establish, implement and maintain a FRM as an integral part of its management system. The FRM shall ensure compliance with the essential requirements in points 7.f, 7.g and 8.f of Annex IV to Regulation (EC) No 216/2008. The FRM shall be described in the operations manual.

(b) The FRM established, implemented and maintained shall provide for continuous improvement to the overall performance of the FRM and shall include:

(1) 

a description of the philosophy and principles of the operator with regard to FRM, referred to as the FRM policy;

(2) 

documentation of the FRM processes, including a process for making personnel aware of their responsibilities and the procedure for amending this documentation;

(3) 

scientific principles and knowledge;

(4) 

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