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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
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Point in time view as at 31/12/2020.
There are currently no known outstanding effects for the Commission Regulation (EU) No 965/2012, Division
SUBPART A
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Textual Amendments
F2Annex 6 point NCC.GEN.100 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 368(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
related to the safety of the aircraft and its occupants; and
specified in the instructions and procedures in the operations manual.
if he/she knows or suspects that he/she is suffering from fatigue as referred to in 7.f of Annex IV to Regulation (EC) No 216/2008 or feels otherwise unfit, to the extent that the flight may be endangered; or
when under the influence of psychoactive substances or alcohol or for other reasons as referred to in 7.g of Annex IV to Regulation (EC) No 216/2008.
maintain his/her individual records regarding flight and duty times and rest periods as referred to in Annex III (Part-ORO), Subpart FTL to Regulation (EU) No 965/2012; and
provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.
any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and
any incident that was endangering, or could endanger, the safety of the operation.
[F4Approved training organisations that are required to comply with this Annex shall also comply with:
Textual Amendments
F4Substituted by 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.
ORO.GEN.310, as applicable; and
ORO.MLR.105.]]
Textual Amendments
F3Inserted by Commission Implementing Regulation (EU) 2019/1384 of 24 July 2019 amending Regulations (EU) No 965/2012 and (EU) No 1321/2014 as regards the use of aircraft listed on an air operator certificate for non-commercial operations and specialised operations, the establishment of operational requirements for the conduct of maintenance check flights, the establishment of rules on non-commercial operations with reduced cabin crew on board and introducing editorial updates concerning air operations requirements (Text with EEA relevance).
the safety of the aircraft and of all crew members, passengers and cargo on board during aircraft operations as referred to in 1.c of Annex IV to Regulation (EC) No 216/2008;
the initiation, continuation, termination or diversion of a flight in the interest of safety;
ensuring that all instructions, operational procedures and checklists are complied with in accordance with the operations manual and as referred to in 1.b of Annex IV to Regulation (EC) No 216/2008;
only commencing a flight if he/she is satisfied that all operational limitations referred to in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 are complied with, as follows:
the aircraft is airworthy;
the aircraft is duly registered;
instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, as required in NCC.IDE.A.105 or NCC.IDE.H.105;
the mass of the aircraft and centre of gravity location are such that the flight can be conducted within the limits prescribed in the airworthiness documentation;
all cabin baggage, hold luggage and cargo are properly loaded and secured;
the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight;
each flight crew member holds a valid licence in accordance with Regulation (EU) No 1178/2011; [F5 and]
flight crew members are properly rated and meet competency and recency requirements; [F6and]
[F6any navigational database required for performance-based navigation is suitable and current;]
not commencing a flight if any flight crew member is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;
not continuing a flight beyond the nearest weather-permissible aerodrome or operating site, when the capacity of any flight crew member to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;
deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or minimum equipment list (MEL), as applicable;
recording utilisation data and all known or suspected defects in the aircraft at the termination of the flight, or series of flights, in the aircraft technical log or journey log for the aircraft; and
[F7ensuring that:
flight recorders are not disabled or switched off during flight;
in the event of an occurrence other than an accident or a serious incident that shall be reported according to ORO.GEN.160(a), flight recorders' recordings are not intentionally erased; and
in the event of an accident or a serious incident, or if preservation of recordings of flight recorders is directed by the investigating authority:
flight recorders' recordings are not intentionally erased;
flight recorders are deactivated immediately after the flight is completed; and
precautionary measures to preserve the recordings of flight recorders are taken before leaving the flight crew compartment.]
Textual Amendments
F5Deleted by Commission Regulation (EU) 2016/1199 of 22 July 2016 amending Regulation (EU) No 965/2012 as regards operational approval of performance-based navigation, certification and oversight of data services providers and helicopter offshore operations, and correcting that Regulation.
Textual Amendments
F8Word in Annex 6 point NCC.GEN.106(f) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 368(2)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The operator shall ensure that all crew members can communicate with each other in a common language.
The operator shall establish procedures for taxiing to ensure safe operation and to enhance runway safety.]
Textual Amendments
The operator shall ensure that an aeroplane is only taxied on the movement area of an aerodrome if the person at the controls:
is an appropriately qualified pilot; or
has been designated by the operator and:
is trained to taxi the aeroplane;
is trained to use the radio telephone, if radio communications are required;
has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures; and
is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.
A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.
The operator shall not permit any person to use a portable electronic device (PED) on board an aircraft that could adversely affect the performance of the aircraft’s systems and equipment.
Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft.
Prior to using a type B EFB application, the operator shall:
conduct a risk assessment related to the use of the EFB device that hosts the application and to the EFB application concerned and its associated function(s), identifying the associated risks and ensuring that they are appropriately managed and mitigated; the risk assessment shall address the risks associated with the human–machine interface of the EFB device and the EFB application concerned; and
establish an EFB administration system, including procedures and training requirements for the administration and use of the device and the EFB application.]
Textual Amendments
The operator shall at all times have available for immediate communication to rescue coordination centres (RCCs) lists containing information on the emergency and survival equipment carried on board.
the AFM, or equivalent document(s);
the original certificate of registration;
the original certificate of airworthiness (CofA);
the noise certificate;
the declaration as specified in Annex III (Part-ORO), ORO.DEC.100, to Regulation (EU) No 965/2012;
the list of specific approvals, if applicable;
the aircraft radio licence, if applicable;
the third party liability insurance certificate(s);
the journey log, or equivalent, for the aircraft;
details of the filed ATS flight plan, if applicable;
current and suitable aeronautical charts for the route of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted;
procedures and visual signals information for use by intercepting and intercepted aircraft;
information concerning search and rescue services for the area of the intended flight;
the current parts of the operations manual that are relevant to the duties of the crew members, which shall be easily accessible to the crew members;
the MEL or CDL;
appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;
appropriate meteorological information;
cargo and/or passenger manifests, if applicable; and
any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
Following an accident, a serious incident or an occurrence identified by the investigating authority, the operator of an aircraft shall preserve the original recorded data of the flight recorders for a period of 60 days or until otherwise directed by the investigating authority.
The operator shall conduct operational checks and evaluations of recordings to ensure the continued serviceability of the flight recorders which are required to be carried.
The operator shall ensure that the recordings of flight parameters and data link communication messages required to be recorded on flight recorders are preserved. However, for the purpose of testing and maintaining those flight recorders, up to 1 hour of the oldest recorded data at the time of testing may be erased.
The operator shall keep and maintain up to date documentation that presents the necessary information to convert raw flight data into flight parameters expressed in engineering units.
The operator shall make available any flight recorder recordings that have been preserved, if so determined by the [F11CAA].
Without prejudice to Regulations (EU) No 996/2010 and (EU) 2016/679:
Except for ensuring flight recorder serviceability, audio recordings from a flight recorder shall not be disclosed or used unless all of the following conditions are fulfilled:
a procedure related to the handling of such audio recordings and of their transcript is in place;
all crew members and maintenance personnel concerned have given their prior consent;
such audio recordings are used only for maintaining or improving safety.
When flight recorder audio recordings are inspected for ensuring flight recorder serviceability, the operator shall protect the privacy of those audio recordings and make sure that they are not disclosed or used for purposes other than ensuring flight recorder serviceability.
Flight parameters or data link messages recorded by a flight recorder shall not be used for purposes other than for the investigation of an accident or an incident which is subject to mandatory reporting, unless such recordings meet any of the following conditions:
are used by the operator for airworthiness or maintenance purposes only;
are de-identified;
are disclosed under secure procedures.
Except for ensuring flight recorder serviceability, images of the flight crew compartment that are recorded by a flight recorder shall not be disclosed or used unless all the following conditions are fulfilled:
a procedure related to the handling of such image recordings is in place;
all crew members and maintenance personnel concerned have given their prior consent;
such image recordings are used only for maintaining or improving safety.
When images of the flight crew compartment that are recorded by a flight recorder are inspected for ensuring the serviceability of the flight recorder, then:
those images shall not be disclosed or used for purposes other than for ensuring flight recorder serviceability;
if body parts of crew members are likely to be visible on the images, the operator shall ensure the privacy of those images.]
Textual Amendments
F11Word in Annex 6 point NCC.GEN.145(e) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 368(2)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
they are not subject to the Technical Instructions in accordance with Part 1 of those Instructions; or
they are carried by passengers or crew members, or are in baggage, in accordance with Part 8 of the Technical Instructions.
Textual Amendments
F12Word in Annex 6 point NCO.GEN.150(e) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 368(2)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F1Inserted 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).
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