‘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;

‘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;

‘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;

‘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;

‘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;

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

‘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;

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

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

‘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.

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

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

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

the scope of privileges that were given to the operators;

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.

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

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

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

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

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

disruptive schedules.

‘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;

‘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;

‘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;

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

For the purpose of passenger classification:

‘aerodrome operating minima’ means the limits of usability of an aerodrome for:

‘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);

‘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;

‘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;

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

‘alternate aerodrome’ means an adequate aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or land at the aerodrome of intended landing, where the necessary services and facilities are available, where aircraft performance requirements can be met, and which is operational at the expected time of use; ‘alternate aerodrome’ includes the following:

‘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;

‘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);

‘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;

‘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;

‘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;

‘ceiling’ means the height above the ground or water of the base of the lowest layer of cloud below 6 000  m (20 000  ft) covering more than half the sky;

‘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;

‘circling’ means the visual phase of a circling approach operation;

‘circling approach operation’ means a Type A instrument approach operation to bring an aircraft into position for landing on a runway/final approach and take-off area (FATO) that is not suitably located for a straight-in approach;

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

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

‘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;

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

‘continuous descent final approach (CDFA)’ means a technique, consistent with stabilised approach procedures, for flying the final approach segment (FAS) of an instrument non-precision approach (NPA) procedure as a continuous descent, without level-off, from an altitude/height at or above the final approach fix altitude/height:

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

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

‘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;

‘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;

‘current fuel/energy scheme’ means the approved fuel/energy scheme that is currently used by the operator;

‘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;

‘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;

‘dangerous goods incident’ means:

‘decision altitude (DA) or decision height (DH)’ means a specified altitude or height in a 3D instrument approach operation at which a missed approach procedure must be initiated if the required visual reference to continue the approach has not been established;

‘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;

‘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;

‘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;

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

‘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;

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

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

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

‘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;

‘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);

‘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;

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

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

‘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;

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

‘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;

‘enhanced flight vision system (EFVS)’ is an electronic means to provide the flight crew with a real-time sensor-derived or enhanced display of the external scene topography (the natural or man-made features of a place or region especially in a way to show their relative positions and elevation) through the use of imaging sensors; an EFVS is integrated with a flight guidance system and is implemented on a head-up display or an equivalent display system; if an EFVS is certified according to the applicable airworthiness requirements and an operator holds the necessary specific approval (when required), then it may be used for EFVS operations and may allow operations with operational credits;

‘EFVS operation’ means an operation in which visibility conditions require an EFVS to be used instead of natural vision in order to perform an approach or landing, identify the required visual references or conduct a roll-out;

‘EFVS 200 operation’ means an operation with an operational credit in which visibility conditions require an EFVS to be used down to 200 ft above the FATO or runway threshold. From that point to land, natural vision is used. The RVR shall not be less than 550 m;

‘enhanced vision system (EVS)’ is an electronic means to provide the flight crew with a real-time image of the actual external scene topography (the natural or man-made features of a place or region especially in a way to show their relative positions and elevation) through the use of imaging sensors;

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

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

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

‘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;

‘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;

‘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;

‘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;

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

‘final approach segment (FAS)’ means that segment of an instrument approach procedure (IAP) in which alignment and descent for landing are accomplished;

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

‘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;

‘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;

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

‘flight following’ means the recording in real time of departure and arrival messages by operational personnel to ensure that a flight is operating and has arrived at the destination aerodrome or an alternate aerodrome;

‘flight monitoring’ means, in addition to the requirements defined for flight following:

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

‘flight time’ means:

‘flight watch’ means, in addition to all elements defined for ‘flight monitoring’, the active tracking of a flight by suitably qualified operational-control personnel throughout all phases of the flight to ensure that the flight is following its prescribed route without unplanned deviations, diversions or delays;

‘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;

‘go-around’ means a transition from an approach operation to a stabilised climb. This includes manoeuvres conducted at or above the MDA/H or DA/H, or below the DA/H (balked landings);

‘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;

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

‘head-up display landing system (HUDLS)’ means the total airborne system which provides head-up guidance to the pilot to enable the pilot to either control the aircraft or to monitor the autopilot during take-off (if applicable), approach and landing (and roll-out if applicable), or go-around. It includes all the sensors, computers, power supplies, indications and controls;

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

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

‘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;

‘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:

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

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

‘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;

‘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;

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

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

‘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;

‘hostile environment’ means:

‘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;

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

‘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);

‘instrument approach operation’ means an approach and landing using instruments for navigation guidance based on an instrument approach procedure (IAP). There are two methods for executing instrument approach operations:

‘instrument approach procedure (IAP)’ means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply. IAPs are classified as follows:

‘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;

‘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;

‘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;

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

‘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;

‘line check’ means a check conducted by the operator and completed by the pilot or the technical crew member to demonstrate competence in carrying out normal line operations described in the operations manual;

‘local helicopter operation (LHO)’ 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;

‘low-visibility operations (LVOs)’ means approach or take-off operations on a runway with a runway visual range less than 550 m or with a decision height less than 200 ft;

‘low-visibility take-off (LVTO)’ means a take-off with an RVR less than 550 m;

‘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:

‘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;

‘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;

‘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;

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

‘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;

‘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:

‘minimum descent altitude (MDA) or minimum descent height (MDH)’ means a specified altitude or height in a 2D instrument approach operation or circling approach operation below which descent must not be made without the required visual reference;

‘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;

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

‘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;

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

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

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

‘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;

‘obstacle clearance altitude (OCA) or obstacle clearance height (OCH)’ means the lowest altitude or the lowest height above the elevation of the relevant runway threshold or the aerodrome elevation, as applicable, used in establishing compliance with the appropriate obstacle clearance criteria;

‘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;

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

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

‘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;

‘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;

‘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;

‘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;

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

‘operational credit’ means a credit for operations with an advanced aircraft enabling lower aerodrome operating minima than would normally be established by the operator for a basic aircraft, based upon the performance of advanced aircraft systems utilising the available external infrastructure. Lower operating minima may include a lower decision height/altitude or minimum descent height/altitude, reduced visibility requirements or reduced ground facilities or a combination of these;

‘operator proficiency check’ means a check conducted by the operator and completed by the pilot or the technical crew member to demonstrate competence in carrying out normal, abnormal and emergency procedures;

‘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;

‘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;

‘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;

‘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;

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

‘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’;

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

‘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;

‘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;

‘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;

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

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

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

‘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;

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

‘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;

‘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;

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

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

‘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;

‘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;

‘safe landing’ means, in the context of the fuel/energy policy or fuel/energy schemes, a landing at an adequate aerodrome or operating site with no less than the final reserve fuel/energy remaining and in compliance with the applicable operational procedures and aerodrome operating minima;

‘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;

‘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;

‘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;

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

‘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;

‘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;

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

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

‘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;

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

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

‘type B EFB application’ means an EFB application:

‘training to proficiency’ means training designed to achieve end-state performance objectives, providing sufficient assurance that the trained individual is capable of consistently carrying out specific tasks safely and effectively;

‘type A instrument approach operation’ means an instrument approach operation with an MDH or a DH at or above 250 ft;

‘type B instrument approach operation’ means an operation with a DH below 250 ft. Type B instrument approach operations are categorised as:

‘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;

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

‘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;

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

‘visibility (VIS)’ means visibility for aeronautical purposes, which is the greater of:

‘visual approach operation’ means an approach operation by an IFR flight when either a part or all parts of an IAP is (are) not completed and the approach operation is executed with visual reference to terrain;

‘weather-permissible aerodrome’ means an adequate aerodrome where, for the anticipated time of use, meteorological reports, or forecasts, or any combination thereof, indicate that the meteorological 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;

‘wet lease agreement’ means an agreement:

‘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.

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

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

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

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

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

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

without undue delay notify the Agency.

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;

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;

adequate facilities and office accommodation to perform the allocated tasks;

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

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

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.

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

the management system’s documented policies and procedures;

training, qualification and authorisation of its personnel;

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

certification processes and continuing oversight of certified organisations;

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

declaration processes and continuing oversight of declared organisations;

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

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;

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

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;

findings, corrective actions and date of action closure;

enforcement measures taken;

safety information and follow-up measures; and

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

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

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

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

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

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

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

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

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.

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

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

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

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

no level 1 findings have been issued; and

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).

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

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

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

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

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

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;

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

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

the lack of an accountable manager.

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.

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

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).

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.

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;

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

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

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

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;

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.

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

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

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

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

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.

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;

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

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

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

The competent authority shall approve the fuel/energy scheme proposed by a CAT operator if the operator demonstrates compliance with all applicable requirements laid down in this Regulation related to fuel/energy for aeroplanes or helicopters involved in CAT.

The competent authority shall assess and oversee the fuel/energy planning and in-flight re-planning, selection of aerodrome and, in-flight fuel/energy management policies associated with the fuel/energy schemes, together with the processes supporting the implementation of these fuel/energy schemes.

In addition to points (a) and (b), when approving individual fuel/energy schemes, the competent authority shall:

The approval referred to in point CAT.OP.MPA.182 (d)(2) shall include a list of the isolated aerodromes that are specified by the operator for each aircraft type to which the approval applies.

Without prejudice to points ARO.GEN.120 (d) and (e), the competent authority shall notify the Agency of the start of the evaluation of an alternative means of compliance related to fuel/energy schemes.

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.

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.

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

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.

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.

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.

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

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

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).

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

standardisation inspections of a Member State; or

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

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

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

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;

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

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.

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

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.

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

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.

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

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

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.

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

have successfully completed:

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

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

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

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

uses qualified training instructors.

initial theoretical training;

initial practical training;

recurrent training.

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;

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;

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.

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

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.

imposing a restriction on the aircraft flight operation;

requesting immediate corrective actions;

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

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

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

ground that aircraft.

compliance with the applicable requirements has been re-established;

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

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

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

the information referred to in ARO.RAMP.145.

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.

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;

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

provide necessary changes and enhancements to the database application;

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

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

status of the progress of the system;

status of the inspections performed in the year;

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

actions taken during the year;

proposals for further improving the ramp inspection system; and

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

commercial air transport operations (CAT);

commercial specialised operations;

non-commercial operations with complex motor-powered aircraft;

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

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;

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.

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

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

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;

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;

the certificate not being surrendered or revoked.

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

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.

identify the root cause of the non-compliance;

define a corrective action plan; and

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).

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

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

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

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

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;

maintaining personnel trained and competent to perform their tasks;

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

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

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

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

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

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

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:

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.

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).

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.

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

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:

▼M16

▼M15

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

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

a description of the management system, including organisational structure;

the name of the accountable manager;

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

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

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.

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 );

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

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

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

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;

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

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

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

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

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

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

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

the date of intended commencement of activity;

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

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

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

the syllabi and associated programmes for the training course.

demonstrate to the competent authority that:

provide the procedures and the specified conditions for:

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:

An AOC holder shall comply with:

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.

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).

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.

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

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

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

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.

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

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

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

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

notify the competent authority when it ceases operation.

for wet leasing-in an aircraft of a third-country operator:

for dry leasing-in an aircraft registered in a third country:

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

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.

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

a description of the management system, including organisational structure;

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

the risk assessment documentation and related standard operating procedures, required by SPO.OP.230;

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.

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;

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

the authorisation not being surrendered or revoked.

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

for amendments to procedures associated with prior approval items in accordance with ORO.GEN.130, approval shall be obtained before the amendment becomes effective.

Part A: General/Basic, comprising all non-type-related operational policies, instructions and procedures;

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;

Part C: Commercial air transport operations, comprising route/role/area and aerodrome/operating site instructions and information;

Part D: Training, comprising all training instructions for personnel required for a safe operation.

a preamble, including guidance and definitions for flight crews and maintenance personnel using the MEL;

the revision status of the MMEL upon which the MEL is based and the revision status of the MEL;

the scope, extent and purpose of the MEL.

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;

establish an effective rectification programme;

only operate the aircraft after expiry of the rectification interval specified in the MEL when:

the extension of the rectification interval is within the scope of the MMEL for the aircraft type;

the extension of the rectification interval is, as a maximum, of the same duration as the rectification interval specified in the MEL;

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;

a description of specific duties and responsibilities for controlling extensions is established by the operator;

the competent authority is notified of any extension of the applicable rectification interval; and

a plan to accomplish the rectification at the earliest opportunity is established.

the operational procedures referenced in the MEL when planning for and/or operating with the listed item inoperative; and

the maintenance procedures referenced in the MEL prior to operating with the listed item inoperative.

the concerned instruments, items of equipment or functions are within the scope of the MMEL as defined in point (a);

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;

a description of specific duties and responsibilities for controlling the operation of the aircraft under such approval is established by the operator; and

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.

for CAT operators, records of the activities referred to in ORO.GEN.200;

for declared operators, a copy of the operator’s declaration, details of approvals held and operations manual;

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.

the operational flight plan, if applicable;

route-specific notice(s) to airmen (NOTAM) and aeronautical information services (AIS) briefing documentation, if edited by the operator;

mass and balance documentation;

notification of special loads, including written information to the commander/pilot-in-command about dangerous goods ►M4  , if applicable ◄ ;

the journey log, or equivalent; and

flight report(s) for recording details of any occurrence, or any event that the commander/pilot-in-command deems necessary to report or record;

maintain records of all training, checking and qualifications of each crew member, as prescribed in Part-ORO; and

make such records available, on request, to the crew member concerned.

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.

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:

In all aeroplanes which are equipped with a secure flight crew compartment door in accordance with point (b):

SECTION 1 specifying common requirements applicable to both non-commercial operations of complex motor-powered aircraft and any commercial operation;

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:

SECTION 3 specifying additional requirements for commercial specialised operations and for those referred to in b(1) and (2).