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Document 32018R1975

Commission Implementing Regulation (EU) 2018/1975 of 14 December 2018 amending Regulation (EU) No 965/2012 as regards air operations requirements for sailplanes and electronic flight bags

C/2018/8477

OJ L 326, 20.12.2018, p. 53–63 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/reg_impl/2018/1975/oj

20.12.2018   

EN

Official Journal of the European Union

L 326/53


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1975

of 14 December 2018

amending Regulation (EU) No 965/2012 as regards air operations requirements for sailplanes and electronic flight bags

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 31 thereof,

Whereas:

(1)

Commission Regulation (EU) No 965/2012 (2) establishes the conditions for the safety of several types of air operations with different categories of aircraft, including sailplane operations.

(2)

Operators involved in the operation of aircraft referred to in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139 are required to comply with the relevant essential requirements set out in Annex V to that Regulation.

(3)

Commission Implementing Regulation (EU) 2018/1976 (3) lays down specific rules for the operation of sailplanes. From the date of application of that Regulation, such operations should no longer be subject to the general rules for air operations laid down in Regulation (EU) No 965/2012. However, the rules in respect of oversight of air operations by the competent authorities of the Member States, set out in Article 3 of Regulation (EU) No 965/2012 and Annex II thereto, should continue to apply with respect to air operations with sailplanes, as those requirements are not specific to any particular air operation activity but apply horizontally in respect of all such activities.

(4)

Regulation (EU) No 965/2012 should therefore be amended accordingly, so as to take account of the new rules applicable to operations with sailplanes and to clarify which provisions of that Regulation continue applying to operations with sailplanes.

(5)

Considering the close link between provisions of Implementing Regulation (EU) 2018/1976 and provisions of this Regulation, their date of application should be aligned.

(6)

In 2014, ICAO introduced in Annex 6, Part I and Part III, Section II, provisions for the use of electronic flight bags for commercial air transport operations. Those provisions contain generic requirements for the use of electronic flight bags and also a requirement for an operational approval for the use of electronic flight bag applications used for the safe operation of aircraft. Therefore it is necessary to align Regulation (EU) No 965/2012 with ICAO provisions by introducing a new rule containing generic requirements for the use of electronic flight bags for commercial air transport and new provisions supporting an operational approval for the use of electronic flight bag applications that have a failure condition classified as minor or below.

(7)

In 2014, ICAO also introduced in Annex 6, Part II and Part III, Section III, provisions for the use of electronic flight bags in general aviation. Those provisions contain generic requirements for the use of electronic flight bags and also a requirement for Contracting States to establish criteria for the use of electronic flight bag applications used for the safe operation of aircraft. Therefore it is necessary to align Regulation (EU) No 965/2012 with ICAO provisions by introducing for non-commercial operations with complex motor-powered aircraft and for specialised operations with complex motor-powered aircraft new rules containing generic requirements for the use of electronic flight bags and requirements for the use of electronic flight bag applications with a failure condition classified as minor or below. Furthermore, this Regulation amends Regulation (EU) No 965/2012 by aligning the requirements for portable electronic devices for non-commercial operations with other-than-complex motor-powered aircraft with the generic ICAO provisions for electronic flight bag equipment.

(8)

The European Union Aviation Safety Agency prepared draft implementing rules related to specific rules for the operation of sailplanes and submitted them as an opinion (4) to the Commission in accordance with points (b) and (c) of Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139.

(9)

The European Union Aviation Safety Agency prepared draft implementing rules related to the use of electronic flight bags and submitted them as an opinion (5) to the Commission in accordance with points (b) and (c) of Article 75(2) and Article 76(1) Regulation (EU) 2018/1139.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) No 965/2012

Regulation (EU) No 965/2012 is amended as follows:

(1)

Article 1 is amended as follows:

(a)

paragraphs 1, 2 and 3 are replaced by the following:

‘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.’;

(b)

paragraph 7 is replaced by the following:

‘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.’;

(2)

Article 2 is amended as follows:

(a)

points (1), (1a) and 1(b) are replaced by the following:

‘(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;’;

(b)

the following points (1c), (1d) and (1e) are inserted:

‘(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;’;

(c)

point (9) is replaced by the following:

‘(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;

(*1)  Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1).’;"

(3)

Article 5 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘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.’;

(b)

in paragraph 2, point (b) is replaced by the following:

‘(b)

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

(c)

paragraphs 4, 5 and 6 are replaced by the following:

‘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.’;

(4)

Article 6 is amended as follows:

(a)

paragraph 3 is replaced by the following:

‘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;

(b)

flights carrying no passengers or cargo where the aeroplane or helicopter is ferried for refurbishment, repair, maintenance checks, inspections, delivery, export or similar purposes.

(*2)  Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).’;"

(b)

paragraph 4a is amended as follows:

(i)

the introductory wording is replaced by the following:

‘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:’;

(ii)

point (c) is replaced by the following:

‘(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.’;

(5)

Article 10 is amended as follows:

(a)

in paragraph 1, the paragraph numbering is deleted and the second subparagraph is replaced by the following:

‘It shall apply from 28 October 2012.’;

(b)

paragraphs 2 to 6 are deleted.

(6)

Annexes I, II, III, IV, V, VI, VII and VIII are amended in accordance with the Annex to this Regulation.

Article 2

Entry into force and application

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

It shall apply from 9 July 2019.

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

Done at Brussels, 14 December 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 212, 22.8.2018, p. 1.

(2)  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).

(3)  Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 (see page 64 of this Official Journal).

(4)  Opinion No 07/2017 of the European Aviation Safety Agency of 23 August 2017 for a draft Commission Regulation on the revision of the operational rules for sailplanes.

(5)  Opinion No 10/2017 of the European Aviation Safety Agency of 18 December 2017 for a draft Commission Regulation amending Commission Regulation (EU) No 965/2012.


ANNEX

Annexes I, II, III, IV, V, VI, VII and VIII to Regulation (EU) No 965/2012 are amended as follows:

(1)

Annex I is amended as follows:

(a)

point (6) is deleted;

(b)

point (11a) is deleted;

(c)

the following points (42a), (42b) and (42c) are inserted:

‘(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);’;

(d)

the following point (44a) is inserted:

‘(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;’;

(e)

point (57) is deleted;

(f)

the following point (69a) is inserted:

‘(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;’;

(g)

point (78a) is replaced by the following:

‘(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;’;

(h)

the following point (78b) is inserted:

‘(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;’;

(i)

the following points (96a) and (96b) are inserted:

‘(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;’;

(j)

the following points (120a) and (120b) are inserted:

‘(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;’;

(2)

Annex II is amended as follows:

(a)

in point ARO.GEN.120, point (d) is replaced by the following:

‘(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 (*1); or

(3)

for sailplanes with point SAO.DEC.100(c) of Annex II (Part-SAO) to Commission Implementing Regulation (EU) 2018/1976 (*2);

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.

(*1)  Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10)."

(*2)  Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64).’;"

(b)

in point ARO.GEN.345, point (a) is replaced by the following:

‘(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.’;

(c)

in Appendix II, the table (EASA FORM 139) is replaced by the following:

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