Commission Regulation (EU) No 965/2012Dangos y teitl llawn

SUBPART OPS AIR OPERATIONS U.K.

SECTION I U.K. Certification of commercial air transport operators

ARO.OPS.100 Issue of the air operator certificate U.K.

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

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

[F1 (c) The competent authority may determine specific operational limitations. Such limitations shall be documented in the operations specifications.] U.K.

Textual Amendments

F1 Inserted by Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 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.

Yn ddilys o 25/09/2019

ARO.OPS.105 Code-share arrangements U.K.

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

(1)

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

(2)

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

ARO.OPS.110 Lease agreements U.K.

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

(1)

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

(2)

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

(3)

ORO.AOC.110(e), for dry lease-out of an aircraft to any operator;

(4)

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

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

(1)

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

(2)

the lessor is subject to an operating ban pursuant to Regulation (EC) No 2111/2005 of the European Parliament and of the Council(1).

[F2 (c) The approval of a dry lease-in agreement shall be suspended or revoked whenever: U.K.

(1)

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

(2)

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

Textual Amendments

F2 Substituted by Commission Regulation (EU) 2015/1329 of 31 July 2015 amending Regulation (EU) No 965/2012 as regards operations by Union air carriers of aircraft registered in a third country (Text with EEA relevance).

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

(1)

proper coordination with the competent authority responsible for the continuing oversight of the aircraft, in accordance with Commission Regulation (EC) No 2042/2003(2), or for the operation of the aircraft, if it is not the same authority;

(2)

that the aircraft is timely removed from the operator’s AOC.

[F3 (e) When asked for prior approval of a dry lease-in agreement in accordance with point ORO.AOC.110(d), the competent authority shall ensure proper coordination with the State of Registry of the aircraft as necessary to exercise the oversight responsibilities of the aircraft.] U.K.

Textual Amendments

F3 Inserted by Commission Regulation (EU) 2015/1329 of 31 July 2015 amending Regulation (EU) No 965/2012 as regards operations by Union air carriers of aircraft registered in a third country (Text with EEA relevance).

[F1 SECTION Ia U.K. Authorisation of high risk commercial specialised operations

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

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

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

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

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

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

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

ARO.OPS.155 Lease agreements U.K.

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

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

SECTION II U.K. Approvals

ARO.OPS.200 Specific approval procedure U.K.

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

[F4 (b) When satisfied that the operator has demonstrated compliance with the applicable requirements, the competent authority shall issue or amend the approval. The approval shall be specified in: U.K.

(1)

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

(2)

the list of specific approvals, as established in Appendix V, for non-commercial operations [F1 and specialised operations] .]

Textual Amendments

F4 Substituted by Commission Regulation (EU) No 800/2013 of 14 August 2013 amending Regulation (EU) No 965/2012 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 (Text with EEA relevance).

ARO.OPS.205 Minimum equipment list approval U.K.

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

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

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

[F5 ARO.OPS.210 Determination of distance or local area U.K.

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

Textual Amendments

F5 Substituted by Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 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.

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

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

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

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

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

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

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

[F1 SECTION III U.K. Oversight of operations

ARO.OPS.300 Introductory flights U.K.

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

(1)

OJ L 344, 27.12.2005, p. 15.

(2)

OJ L 315, 28.11.2003, p. 1.