5.9.2019 |
EN |
Official Journal of the European Union |
L 229/1 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1387
of 1 August 2019
amending Regulation (EU) No 965/2012 as regards requirements for aeroplane landing performance calculations and the standards for assessing the runway surface conditions, update on certain aircraft safety equipment and requirements and operations without holding an extended range operational approval
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 31 thereof,
Whereas:
(1) |
Commission Regulation (EU) No 965/2012 (2) lays down detailed rules as regard safety margins for approach and landing performance conditions, for flights of two-engined aeroplanes with one engine inoperative without holding an extended range operational approval (‘ETOPS’), as well as technical requirements for the carriage of flight recorders. That Regulation also lays down detailed rules on the secure flight crew compartment door for performance class A aeroplanes that have a maximum operational passenger seating (‘MOPS’) configuration of 19. |
(2) |
Investigation reports of accidents have indicated that the different methods for assessing the runway surface conditions before landing and on reporting on them after landing contribute significantly to runway excursions, in particular when the runway is wet or contaminated. The current standards in Commission Regulation (EU) No 965/2012 for aeroplane performance calculations do not cover adequately all surface conditions on wet and contaminated runways in relation to the method used for assessing and reporting the runway surface conditions. |
(3) |
In this regard, the International Civil Aviation Organization (‘ICAO’) amended a number of Standards and Recommended Practices (‘SARPs’) in Annexes 6, 8, 14 and 15 to the Convention on International Civil Aviation (‘Chicago Convention’) and has produced extensive accompanying guidance material. The purpose of those documents is to establish a globally harmonised reporting format for runway surface conditions and the airworthiness standards necessary for the assessment of the landing distance for aeroplanes as well as operational provisions on landing performance calculations and runway surface conditions reporting. |
(4) |
Regulation (EU) No 965/2012 should therefore be amended to address the safety recommendations issued by investigation authorities and to implement the relevant ICAO SARPs. In order to meet the ICAO recommendations, the amended requirements should enter into force on 5 November 2020 at the latest. |
(5) |
Furthermore, in CAT operations aeroplanes of certain performance classes (A and B) are allowed in other regulatory systems to land within a reduced landing distance available on the intended runway, provided that they are granted a prior approval from the competent authority and that they fulfil a number of risk-mitigating conditions. Regulation (EU) No 965/2012 should define the conditions under which those operations may be conducted, while maintaining an acceptable level of safety. The relevant administrative form for operational approvals should be amended accordingly to include those operations. |
(6) |
Reports from investigations of accidents have indicated that in some instances a continuous recording by cockpit voice recorders (‘CVRs’) and their associated cockpit-mounted area microphones after an interruption of the main electrical generating system could have provided useful information. Therefore, to mitigate any possible interruption of the main electrical generating system, an alternate power supply should be required. This is in line with Annex 6 Part I to the Chicago Convention. |
(7) |
For some categories of light aeroplanes and helicopters operated in CAT, the recently adopted SARPs in Annex 6 to the Chicago Convention require the carriage of in-flight recording equipment. In addition, safety investigation authorities addressed to the European Union Aviation Safety Agency (‘the Agency’) twelve safety recommendations related to the need for an in-flight recording for light aeroplanes and helicopters. |
(8) |
In line with the principle of proportionality and based on risk assessment, the obligation to install a flight recorder in new aircraft should reflect the size and complexity of such aircraft and the type of operation. Therefore, light aeroplanes and helicopters that are newly manufactured and that are used in CAT or commercial specialised operations (‘SPO’) should be equipped with flight recorders when they meet certain criteria regarding their maximum take-off weight, their propulsion-type or their maximum occupancy. In addition, requirements on the handling (preservation, production, protection and use) of recordings by flight recorders, should be modified to encompass the types of flight recorders introduced by the new flight recorder carriage requirements. |
(9) |
With regard to the requirement to equip with a secure flight crew compartment door, ICAO amended SARPs by changing the mass limits that render a secure flight crew compartment door mandatory. Thus, Regulation (EU) No 965/2012 should be amended accordingly to ensure harmonisation of the rules for air operations and a level playing field between Union and third-country air operators. |
(10) |
Regulation (EU) No 965/2012 defines eligibility criteria (certified maximum take-off mass and certified maximum operational passenger seating configuration threshold) for the conduct of flights without holding an ETOPS approval and with performance class A aeroplanes over a route that contains a point further to a distance beyond 60 minutes and up to 120 minutes of flight time from an adequate aerodrome at the one-engine-inoperative cruising speed. Class A aeroplanes that meet those eligibility criteria are allowed to be operated at a distance between 120 and 180 minutes from an adequate aerodrome, provided they obtained an approval by the competent authority and provided that the aeroplane has been granted a type design approval for such operations. |
(11) |
Several aeroplane manufacturers have already designed or are designing performance class A aeroplanes that are above those eligibility criteria for operations without ETOPS. The current provisions distort competition among air taxi operators with aeroplanes that are below those criteria. Given that no other major regulatory body has imposed such criteria for operations without ETOPS, Regulation (EU) No 965/2012 should be amended accordingly. |
(12) |
With regard to first-aid oxygen equipment in CAT operations, recent technological developments of that equipment attain an equivalent level of safety and therefore Regulation (EU) No 965/2012 should be amended to allow the use of such equipment. |
(13) |
Requirements of a Minimum Equipment List (MEL) of Annex III of Regulation (EU) No 965/2012 are not applicable to Approved Training Organisation (ATO), therefore Regulation (EU) No 965/2012 should be amended to allow competent authorities to issue an approval for the development of a (MEL) by an ATO. |
(14) |
Further to recent amendments to Commission Regulation (EU) No 1321/2014 (3), Regulation (EU) No 965/2012 should be amended to correct cross-references between the two regulations. |
(15) |
The Agency has prepared draft implementing rules and submitted them with Opinion No 02/2019 to the Commission in accordance with points (b) and (c) Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139. |
(16) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127 of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EU) No 965/2012
(1) |
Article 9aa is replaced by the following: ‘Article 9aa Flight crew requirements for maintenance check flights A pilot having acted, before 25 September 2019, as a pilot-in-command on a maintenance check flight that in accordance with the definition in point SPO.SPEC.MCF.100 in Annex VIII is categorised as a Level A maintenance check flight, shall be given credit for the purpose of complying with point SPO.SPEC.MCF.115(a)(1) of that Annex. In that case, the operator shall ensure that the pilot-in-command receives a briefing on any differences identified between the operating practices established before 25 September 2019 and the obligations provided in Section 5 of Subpart E of Annex VIII to this Regulation including those derived from the related procedures established by the operator.’; |
(2) |
Annexes I, II, III, IV, V, VI, VII and VIII to Regulation (EU) No 965/2012 are amended in accordance with the Annex to this Regulation. |
Article 2
Date of entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
The following points of the Annex shall apply from 25 September 2019:
— |
point (4)(a); |
— |
point (6)(b); |
— |
point (8)(b). |
The following points of point (4) of the Annex shall apply from 5 November 2020:
— |
point (c); |
— |
point (d); |
— |
point (e); |
— |
point (f); |
— |
point (g); |
— |
point (n); |
— |
point (q). |
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 August 2019.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).
(3) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).
ANNEX
Annexes I, II, III, IV, VI, VII and VIII to Regulation (EU) No 965/2012 are amended as follows:
(1) |
Annex I (Definitions for terms used in Annexes II to VIII) is amended as follows:
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(2) |
in Annex II (Part-ARO), Appendix II is replaced by the following: ‘Appendix II
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(3) |
Annex III (Part-ORO) is amended as follows:
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(4) |
Annex IV (Part-CAT) is amended as follows:
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(5) |
Annex V (Part-SPA) is amended as follows:
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(6) |
Annex VI (Part-NCC) is amended as follows:
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(7) |
Annex VII (Part-NCO) is amended as follows:
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(8) |
Annex VIII (Part-SPO) is amended as follows:
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(*1) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).;’ ”
(1) Telephone and fax contact details of the competent authority, including the country code. Email to be provided if available.
(2) Insertion of associated air operator certificate (AOC) number.
(3) Insertion of the operator's registered name and the operator's trading name, if different. Insert “Dba” before the trading name (for “Doing business as”).
(4) Issue date of the operations specifications (dd-mm-yyyy) and signature of the competent authority representative.
(5) Insertion of ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232).
(6) Either the registration marks are listed in the operations specifications or in the operations manual. In the latter case, the related operations specifications must make a reference to the related page in the operations manual. In case not all specific approvals apply to the aircraft model, the registration marks of the aircraft may be entered in the remark column to the related specific approval.
(7) Other type of transportation to be specified (e.g. emergency medical service).
(8) Listing of geographical areas of authorised operation (by geographical coordinates or specific routes, flight information region, or national or regional boundaries).
(9) Listing of applicable special limitations (e.g. VFR only, Day only, etc.).
(10) List in this column the most permissive criteria for each approval or the approval type (with appropriate criteria).
(11) Insertion of applicable precision approach category: LTS CAT I, CAT II, OTS CAT II, CAT IIIA, CAT IIIB or CAT IIIC. Insertion of minimum runway visual range (RVR) in meters and decision height (DH) in feet. One line is used per listed approach category.
(12) Insertion of approved minimum take-off RVR in metres. One line per approval may be used if different approvals are granted.
(13) The Not Applicable (N/A) box may be checked only if the aircraft maximum ceiling is below FL290.
(14) Extended range operations (ETOPS) currently applies only to two-engined aircraft. Therefore, the not applicable (N/A) box may be checked if the aircraft model has less or more than two engines.
(15) The threshold distance may also be listed (in NM), as well as the engine type.
(16) Performance-based navigation (PBN): one line is used for each complex PBN specific approval (e.g. RNP AR APCH), with appropriate limitations listed in the “Specifications” or “Remarks” columns, or in both. Procedure-specific approvals of specific RNP AR APCH procedures may be listed in the operations specifications or in the operations manual. In the latter case, the related operations specifications must have a reference to the related page in the operations manual.
(17) Specify if the specific approval is limited to certain runway ends or aerodromes, or both.
(18) Insertion of the particular airframe or engine combination.
(19) Approval to conduct the training course and examination to be completed by applicants for a cabin crew attestation as specified in Annex V (Part-CC) to Regulation (EU) No 1178/2011.
(20) Approval to issue cabin crew attestations as specified in Annex V (Part-CC) to Regulation (EU) No 1178/2011.
(21) Insertion of the list of type B EFB applications together with the reference of the EFB hardware (for portable EFBs). Either this list is contained in the operations specifications or in the operations manual. In the latter case, the related operations specifications must make a reference to the related page in the operations manual.
(22) The name of the person or organisation responsible for ensuring that the continuing airworthiness of the aircraft is maintained and a reference to the regulation that requires the work, i.e. Subpart G of Annex I (Part-M) to Regulation (EU) No 1321/2014.
(23) Other approvals or data may be entered here, using one line (or one multi-line block) per authorisation (e.g. short landing operations, steep approach operations, reduced required landing distance, helicopter operations to or from a public interest site, helicopter operations over a hostile environment located outside a congested area, helicopter operations without a safe forced landing capability, operations with increased bank angles, maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval).