(a)

in the definition of ‘Flight time’, the third paragraph on ‘airships’ is replaced by the following:

‘for airships, it means the total time from the moment an airship is released from the mast for the purpose of taking off until the moment the airship finally comes to rest at the end of the flight, and is secured on the mast;’;

(b)

in the definition of ‘Flight time’, the fourth paragraph on ‘VTOL-capable aircraft’ is added as follows:

‘for VTOL-capable aircraft (VCA), it means the total time between the moment the lift and thrust units are powered on for the purpose of taking off until the moment the aircraft finally comes to rest at the end of the flight and the lift and thrust units are powered off.’;

(c)

the definition of ‘Helicopter’ is replaced by the following:

‘ “Helicopter” means a type of rotorcraft supported in flight chiefly by the reactions of the air on up to two power-driven rotors on substantially vertical axes.’;

‘(b)

Aeroplanes, helicopters, powered-lift aircraft, airships and VTOL-capable aircraft (VCA).

‘(b)

Pre-flight action

Before beginning a flight, the pilot-in-command of an aircraft shall become familiar with all available information appropriate to the intended operation. Pre-flight action for flights away from the vicinity of an aerodrome, and for all IFR flights, shall include a careful study of available current weather reports and forecasts, taking into consideration fuel/energy requirements and an alternative course of action if the flight cannot be completed as planned.’;

‘(12)

Fuel/energy endurance’;

‘(b)

Information submitted prior to departure regarding fuel or energy endurance or total number of persons carried on board, if incorrect at time of departure, constitutes a significant change to the flight plan and as such shall be reported.’;

‘(4)

Potential reclearance in flight. If, prior to departure, it is anticipated that, depending on fuel/energy endurance and subject to reclearance in flight, a decision may be taken to proceed to a revised destination aerodrome, the appropriate air traffic control units shall be so notified by the insertion in the flight plan of information concerning the revised route (where known) and the revised destination.’;

‘(d)

Weather deterioration below the VMC. When it becomes evident that flight in VMC in accordance with its current flight plan will not be practicable, a VFR flight operated as a controlled flight shall:

‘(7a)

information on unmanned aircraft;’;

‘(ab)

If an aircraft is subjected to unlawful interference, the pilot-in-command shall attempt to land as soon as practicable at the nearest suitable aerodrome or operating site or at a dedicated aerodrome or operating site assigned by the competent authority, unless considerations aboard the aircraft dictate otherwise.’;

‘(a)

When a pilot reports a state of minimum fuel/energy, the controller shall inform the pilot as soon as practicable of any anticipated delays or that no delays are expected.

(b)

When the level of fuel/energy renders declaring a situation of distress necessary, the pilot, in accordance with point SERA.14095, shall indicate that by using the radiotelephony distress signal (MAYDAY), preferably spoken three times, followed by the nature of the distress condition (FUEL).’;

(a)

in Table S11-1, ‘Series 3’ is replaced by the following:

(b)

in Table S11-2, ‘Series 4’ is replaced by the following:

(c)

in Appendix 1 ‘Signals’, point ‘4. MARSHALLING SIGNALS’ is amended as follows:

(d)

in Appendix 5 ‘Technical specifications related to aircraft observations and reports by voice communications’, section ‘A. REPORTING INSTRUCTIONS’ is amended as follows:

‘(21)

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

‘(26)

“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 or vertiport;’;

‘(31)

“critical phases of flight” means:

‘(39)

“distance DR” means the horizontal distance that the helicopter or the VCA has travelled from the end of the take-off distance available;’;

‘(48)

“final approach and take-off area (FATO)” means a defined area for helicopter or VCA 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 and VCA operating in the category Enhanced or equivalent, the defined area includes the rejected take-off area available;’;

‘(50a)

“flight time” means:

‘(53)

“ground emergency service personnel” means any ground emergency service personnel, such as police officers, firefighters, etc., involved in helicopter emergency medical services (HEMSs) or in emergency medical services with VCA (VEMSs) and whose tasks are to any extent pertinent to the operation;’;

‘(ii)

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

‘(70)

“landing decision point (LDP)” means:

‘(71)

“landing distance available” means:

‘(71a)

“landing distance required (LDR)” means:

‘(78)

“medical passenger” means a medical person carried in a helicopter during a HEMS flight or in a VCA during a VEMS flight, including but not limited to doctors, nurses and paramedics;’;

‘(b)

the helicopter occupants or the VCA occupants can be protected from the elements; and’;

‘(96)

“pilot-in-command (PIC)” 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 with aeroplanes and helicopters, the “pilot-in-command” shall be termed “commander”;’;

‘(102)

“rejected take-off distance available (RTODA)” means:

‘(103)

“rejected take-off distance required (RTODR)” means:

‘(104a)

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

‘(111)

“take-off decision point (TDP)” means:

‘(113)

“take-off distance available (TODA)” means:

‘(114)

“take-off distance required (TODR)” means:

‘(115)

“take-off flight path” means:

‘(116)

“take-off mass” means the mass including everything and everyone carried on board at the commencement of the take-off for helicopters or for VCA, and during take-off run for aeroplanes;’;

‘(118)

“technical crew member” means a crew member in commercial air transport HEMS, VEMS, 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, VEMS, HHO or NVIS operations, which may require the operation of specialised on-board equipment;’;

‘(130)

“ground movement” means the movement of an aircraft on the movement area of an aerodrome or a vertiport with the aid of external equipment or accessory that is not powered by the aircraft;

(131)

“ground personnel” means the personnel other than flight crew members or technical crew members that are assigned to tasks related to the ground movement of the VCA or any other ground assistance provided to aircraft, and have received training in the relevant operational and safety procedures;

(132)

“category Enhanced” means a category for VCA certification and operation according to which the aircraft meets the requirements for continued safe flight and landing following a critical failure for performance (CFP);

(133)

“certified minimum performance (CMP)” means, in relation to VCA, the set of performance data obtained by considering the effect of single failures and combinations of failures that are not extremely improbable on nominal performance parameters;

(134)

“continued safe flight and landing (CSFL)” means, in relation to a VCA operated in the category Enhanced, that the aircraft is capable of continued controlled flight and landing at a vertiport, possibly using emergency procedures, without requiring exceptional piloting skills or strength;

(135)

“critical failure for performance (CFP)” means, in relation to VCA, a failure or a combination of failures that results in the maximum degradation for a given flight phase and performance parameter; the set of critical failures for performance is used to establish the certified minimum performance (CMP);

(136)

“limited overwater operation” means an IAM operation with a VCA that is conducted for a limited flight time over water;

(137)

“VEMS technical crew member” means a technical crew member (TCM) that is assigned to a VEMS flight for the purpose of assisting the pilot during the flight operation and attending to any person in need of medical assistance;

(138)

“VEMS operating base” means a vertiport at which the VCA, its flight crew and VEMS crew members are on standby for VEMS operations;

(139)

“VEMS operating site” means an operating site selected by the pilot-in-command for VEMS operations, landings and take-offs;

(140)

“vertiport” means an area of land, water, or structure used or intended to be used for the landing and take-off of VCA, and for the movement of VCA;

(141)

“adequate vertiport” means a vertiport at which the VCA may be operated, taking account of the aircraft dimensions, weight, approach and departure paths, and which is provided with services and facilities necessary for the intended operation and is available at the expected time of use;

(142)

“VTOL take-off safety speed (VTOSS)” means the minimum speed at which climb shall be achieved with a CFP recognised at the TDP in the case of VCA operated in the category Enhanced;

(143)

“manned VCA” means a VCA piloted by at least one pilot on board;’.

‘(1)

the operations specifications, as established in Appendix II, for commercial air transport operations with aeroplanes and helicopters and for innovative air mobility (IAM) operations with VCA; or’;

(a)

The competent authority shall approve the fuel/energy scheme proposed by an IAM operator if that operator demonstrates compliance with the requirements of points UAM.OP.VCA.190, UAM.OP.VCA.191, UAM.OP.VCA.192 and UAM.OP.VCA.195 of Annex IX.

(b)

In addition, the competent authority shall:

(a)

commercial air transport (CAT) operations;

(b)

commercial specialised operations;

(c)

non-commercial operations with complex motor-powered aircraft;

(d)

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

(e)

innovative air mobility (IAM) operations.’;

‘(b)

Access to the aircraft referred to in point (a) shall:

(a)

An aeroplane or a helicopter listed on an operator’s AOC may remain on the AOC if it is operated in any of the following situations:

(b)

When an aeroplane or a helicopter is used in accordance with point (a)(2), the AOC holder that provides the aeroplane or helicopter and the operator that uses the aeroplane or helicopter shall establish a procedure:

That procedure shall be included in the operations manual of each operator or in a contract concluded between the AOC holder and the operator that uses the aeroplane or the helicopter in accordance with point (a)(2). The AOC holder shall establish a template for such a contract. Point ORO.GEN.220 shall apply to those contracts.

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

(c)

The AOC holder shall submit to the competent authority the procedure referred to in point (b) for prior approval. The AOC holder shall agree with the competent authority on the means and on the frequency of providing it with information about transfers of operational control in accordance with point ORO.GEN.130(c).

(d)

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

(e)

The AOC holder that provides the aeroplane or the helicopter in accordance with point (a) shall:

(f)

For operations conducted under Annex VI (Part-NCC) and Annex VIII (Part-SPO), the operator that uses the aeroplane or the helicopter in accordance with point (a) shall ensure all the following:

(a)

Without prejudice to Regulation (EC) No 1008/2008 of the European Parliament and of the Council (*2), prior to commencing CAT operations with aeroplanes or helicopters or IAM operations with VCA, the operator shall apply for and obtain an AOC issued by the competent authority.

(b)

The operator shall provide the following information to the competent authority:

(c)

Applicants shall demonstrate to the competent authority that:

(a)

The AOC holder may conduct non-commercial operations in accordance with Annex VI (Part-NCC) or Annex VII (Part-NCO) with aeroplanes or helicopters 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:

(b)

An AOC holder shall comply with:

(c)

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

(d)

The AOC holder shall specify the type of flight, as listed in its operations manual, in the flight-related documents (operational flight plan, load sheet and other relevant documents).’;

‘(b)

The content of the OM shall reflect the requirements set out in this Annex, in Annex IV (Part-CAT), Annex V (Part-SPA), Annex VI (Part-NCC), Annex VIII (Part-SPO) and Annex IX (Part-IAM), as applicable, and shall not contravene the conditions contained in the operations specifications to the air operator certificate (AOC), the SPO authorisation or the declaration and the list of specific approvals, as applicable.’;

(a)

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

(b)

Part B: Aircraft operating matters, comprising all type-related instructions and procedures, taking into account differences between types/classes, variants or individual aircraft used by the operator;

(c)

Part C: CAT operations with aeroplanes and helicopters, comprising route/role/area and aerodrome / operating site instructions and information or, IAM operations with VCA, comprising route/role/area and vertiport / diversion location / operating site instructions and information;

(d)

Part D: Training, comprising all training instructions for personnel required to ensure safe operations.’;

‘(a)

The following records shall be stored for at least 5 years:

(a)

SECTION 1, specifying common requirements.

(b)

SECTION 2, specifying additional requirements applicable to CAT operations with aeroplanes and helicopters, with the exception of CAT operations with 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:

(c)

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

(d)

SECTION 4, specifying additional requirements for IAM operations with manned VTOL-capable aircraft (VCA).’;

(a)

In accordance with point 8.6 of Annex V to Regulation (EU) 2018/1139, one pilot amongst the flight crew, qualified as pilot-in-command in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011, shall be designated by the operator as pilot-in-command or, for CAT operations with aeroplanes and helicopters, as commander.

(b)

The operator shall only designate a flight crew member to act as pilot-in-command or commander if all the following apply:

(c)

For both commercial operations with aeroplanes and helicopters and IAM operations with VCA, the pilot-in-command or commander or the pilot to whom the conduct of the flight may be delegated shall have received initial familiarisation training in the route or area to be flown and in the aerodromes, vertiports, diversion locations, facilities and procedures to be used, and shall maintain this knowledge as follows:

(d)

Notwithstanding point (c), for operations conducted under VFR by day with performance class B and C aeroplanes and helicopters, familiarisation training in routes and aerodromes may be replaced by area familiarisation training.’;

‘(a)

The flight crew member shall complete the operator conversion training course before commencing unsupervised line flying:

‘(d)

For operations with more than one helicopter type or variant or VCA type or variant used for conducting sufficiently similar operations, if line checks rotate between types or variants, each line check shall revalidate the line check for the other helicopter types or variants or VCA types or variants.’;

‘(c)

For both CAT operations with airplanes and helicopters and IAM operations with VCA, the training and checking programmes, including the syllabi and means to deliver the programme such as individual flight simulation training devices (FSTDs) and other training solutions, shall be approved by the competent authority.’;

‘(e)

Notwithstanding point (b), the aircraft/FSTD training and the operator proficiency check may be conducted by a suitably qualified commander, or pilot-in-command for IAM operations, that holds an FI/TRI/SFI certificate and is nominated by the operator for any of the following operations:

(a)

The flight crew member shall complete an initial CRM training course before commencing unsupervised line flying.

(b)

The initial CRM training course shall be conducted by at least one suitably qualified CRM trainer who may be assisted by experts in order to address specific training areas.

(a)

CRM training shall be integrated into the operator conversion training course.

(b)

Once an IAM operator conversion training course starts, the flight crew member shall not be assigned to flying duties on another type or class of aircraft until the training course is completed or terminated.

(c)

The amount of training required by the flight crew member for the IAM operator’s conversion course shall be determined in accordance with the standards of qualification and experience specified in the operations manual, taking into account the flight crew member’s previous training and experience.

(d)

The flight crew member shall complete:

(e)

If operational circumstances, such as applying for a new AOC or adding a new aircraft type or class to the fleet, do not allow the IAM operator to comply with the requirements in point (d), that operator may develop a specific conversion course to be used temporarily for a limited number of flight crew members.

(a)

Each flight crew member shall complete recurrent training and checking relevant to the VCA type or variant on which they operate, and to associated equipment.

(b)

IAM operator proficiency check

(c)

Line check

Each flight crew member shall complete a line check on the VCA. The validity period of the line check shall be 12 calendar months.

(d)

Emergency and safety equipment training and checking

Each flight crew member shall complete recurrent training and checking with regard to the location and use of all emergency and safety equipment carried on board the aircraft. The validity period of an emergency and safety equipment check shall be 12 calendar months.

(e)

CRM training

(f)

Each flight crew member shall receive ground training and flight training in an FSTD or a VCA, or a combination of FSTD and VCA training, at least every 12 calendar months.

(a)

The procedures or operational restrictions for conducting operations on more than one type or variant established in the operations manual and approved by the competent authority shall cover:

(b)

Flight crew members should not operate more than three aircraft types or groups of types, including at least one VCA.’;

‘(a)

Technical crew members involved in commercial air transport HEMS, VEMS, HHO or NVIS operations shall only be assigned duties provided they:

‘(d)

The checks that follow the operator conversion training and any required familiarisation flights shall take place prior to operating as a required technical crew member in HEMS, VEMS, HHO or NVIS operations.’;

‘(b)

The operator conversion training shall include:

(a)

The competent authority for the issuing of a specific approval shall be:

(b)

Notwithstanding point (a)(2), for a non-commercial operator that uses an aeroplane or a helicopter registered in a third country, the applicable requirements under this Annex for the approval of the following operations shall not apply if that approval is issued by a third-country State of Registry:

(a)

take-off operations with visibility conditions of less than 400 m RVR;

(b)

instrument approach operations in low-visibility conditions; and

(c)

operations with operational credits, except for EFVS 200 operations, which shall not be subject to a specific approval.’;

‘(a)

A commercial air transport operator of aeroplanes or helicopters or an IAM operator shall only use a type B EFB application if the operator has been granted an approval by the competent authority for such use.’;

(a)

An IAM operator shall only conduct emergency medical service operations with manned VTOL-capable aircraft (VEMS) if the operator has been granted an approval by the competent authority for such operations.

(b)

To obtain such approval by the competent authority, the IAM operator shall:

(c)

The IAM operator shall use adequate vertiports for its VEMS operating base and hospital sites unless approved by the competent authority to use a public interest site (PIS) at a hospital site.

(d)

The IAM operator may use adequate operating sites for the purpose of VEMS missions or VEMS training flights taking into account:

(a)

The installation on a VTOL-capable aircraft (VCA) of all dedicated medical equipment and any subsequent modifications to that installation and, where appropriate, its operation, shall be approved in accordance with Regulation (EU) No 748/2012.

(b)

For VFR flights by day over routes or areas navigated by reference to visual landmarks, the VCA shall be equipped with tools providing own-ship position and obstacles on a moving map display. The map and obstacle database(s) shall be kept up to date.

(c)

For VFR flights by day, the VCA shall be equipped with a means of measuring and displaying to the pilot the attitude and the stabilised heading or with other equivalent tools to mitigate pilot disorientation in case of reduced visual cues.

(d)

Any VCA used in VEMS missions shall be equipped with tools having an ADS-B Out capability.

(e)

Instruments and equipment required under point (f) shall be certified in accordance with the applicable airworthiness requirements.

(f)

The IAM operator shall ensure that all relevant information is documented in the minimum equipment list (MEL).

(a)

VCA certified for flights only under VFR by day shall land as soon as practicable or return to the VEMS base.

(b)

Reserved.

(a)

Selection. The IAM operator shall establish criteria for the selection of flight crew members for VEMS operations, taking their prior experience into account.

(b)

Operational training. Crew members shall successfully complete operational training in accordance with the VEMS procedures contained in the operations manual.

(c)

Reserved.

(d)

Crew composition

(e)

Flight and technical crew training and checking

(a)

Medical passengers. Prior to any VEMS flight, or series of VEMS flights, medical passengers shall be briefed to ensure they are familiar with the VEMS working environment and equipment, can operate on-board emergency equipment, and can take part in normal and emergency entry and exit procedures.

(b)

Ground emergency service personnel. Where ground emergency service personnel are employed, the IAM operator shall take all necessary measures to ensure that such personnel are familiar with the VEMS working environment and equipment, and the risks associated with ground operations at a VEMS operating site.

(c)

Medical patients. Notwithstanding point UAM.OP.MVCA.170 of Annex IX (Part-IAM), a briefing shall be held only if the medical condition of the medical patient renders it practicable.

(a)

The IAM operator shall assess, mitigate and minimise the risks associated with the VEMS environment as part of its risk analysis and management process. The IAM operator shall describe its mitigating measures, including operating procedures, in the operations manual.

(b)

The IAM operator shall ensure that the pilot-in-command (PIC) assesses specific risks associated with a particular VEMS flight.

(c)

Relevant extracts from the operations manual shall be made available to the organisation for which the VEMS operation is being provided.

(a)

If crew members are required to be on standby with a reaction time of less than 45 minutes, dedicated suitable accommodation shall be provided close to each VEMS operating base.

(b)

At each VEMS operating base, the flight crew shall be granted access to facilities for obtaining current and forecast weather information and shall be provided with adequate communications with the appropriate air traffic service (ATS) units. Adequate facilities shall be available for the planning of all related tasks.