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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
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All references to Regulation (EC) No 1702/2003 are replaced by references to Commission Regulation (EU) No 748/2012(1).
All references to Regulation (EC) No 290/2012 are replaced by references to Regulation (EU) No 1178/2011.
The text of ORO.GEN.005 is replaced by the following:
‘This Annex establishes requirements to be followed by an air operator conducting:
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.’.
In ORO.GEN.105, the words ‘or specialised operation authorisation’ are inserted after ‘declaration obligation’.
In ORO.GEN.110, point (a) is replaced by the following:
The operator is responsible for the operation of the aircraft in accordance with Annex IV to Regulation (EC) No 216/2008, as applicable, the relevant requirements of this Annex and its air operator certificate (AOC) or specialised operation authorisation (SPO authorisation) or declaration.’.
In ORO.GEN.110(c), a comma and the words ‘SPO authorisation’ are inserted after the word ‘certificate’.
In ORO.GEN.110, the following point is added:
Notwithstanding (j), the operator of a sailplane or a balloon or of flights taking off and landing at the same aerodrome or operating site, under VFR by day, with
single-engined propeller-driven aeroplanes having a maximum certified take-off mass of 5 700 kg or less and a MOPSC of 5 or less; or
other than complex motor-powered helicopters, single-engined, with a MOPSC of 5 or less,
shall ensure that the flight crew has received an appropriate training or briefing to enable them to recognise undeclared dangerous goods brought on-board by passengers or as cargo.’.
In ORO.GEN.115:
the title is replaced by the following: ‘Application for an AOC’;
in point (a) the word ‘air’ is inserted before ‘operator certificate’.
In ORO.GEN.120, the following point is added:
When an operator subject to SPO authorisation wishes to use alternative means of compliance, it shall comply with (b) whenever such alternative means of compliance affects the standard operating procedures that are part of the authorisation and with (c) for the declared part of its organisation and operation.’.
The title of ORO.GEN.125 is replaced by the following: ‘Terms of approval and privileges of an AOC holder’.
The title of ORO.GEN.130 is replaced by the following: ‘Changes related to an AOC holder’.
The title of ORO.GEN.135 is replaced by the following: ‘Continued validity of an AOC’.
In ORO.GEN.140(a), a comma and the words ‘SPO authorisation’ are inserted after the word ‘certification’.
In ORO.GEN.140(b), the words ‘in the case of CAT’ are inserted, surrounded by commas, after the words ‘Access to the aircraft mentioned under (a) shall’.
ORO.GEN.205 is replaced by the following:
In ORO.AOC.100(a), the word ‘transport’ is inserted before the word ‘operations’.
In ORO.AOC.100, points (b) and (c) are replaced by the following:
The operator shall provide the following information to the competent authority:
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.
Applicants shall demonstrate to the competent authority that:
they comply with all the applicable requirements of Annex IV to Regulation (EC) No 216/2008, this Annex, Annex IV (Part-CAT) and Annex V (Part-SPA) to this Regulation;
all aircraft operated have a certificate of airworthiness (CofA) in accordance with Regulation (EU) No 748/2012; and
its organisation and management are suitable and properly matched to the scale and scope of the operation.’.
In ORO.AOC.125(a)(1)(ii), the words ‘air transport’ are inserted after the word ‘commercial’.
In ORO.DEC.100, the first sentence is replaced by the following:
‘The operator of complex motor-powered aircraft engaged in non-commercial operations or non-commercial specialised operations, and the commercial specialised operator shall:’.
The following Subpart is inserted after SUBPART DEC — DECLARATION:
Wet leasing-in an aircraft of a third country operator:
The safety standards of a third country operator with regard to continuing airworthiness and air operations are equivalent to the applicable requirements established by Regulation (EC) No 2042/2003 and this Regulation;
The aircraft of a third country operator has a standard CofA issued in accordance with ICAO Annex 8;
The duration of the wet lease-in does not exceed seven months in any 12 consecutive month period; or
Dry leasing-in an aircraft registered in a third country:
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 (EC) No 2042/2003 is ensured;
The aircraft is equipped in accordance with Annex VIII [Part SPO].
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.
ORO.MLR.100(b) is replaced by the following:
The content of the OM shall reflect the requirements set out in this Annex, Annex IV (Part-CAT), Annex V (Part-SPA), Annex VI (Part-NCC) and Annex VIII (Part-SPO), 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.’.
In ORO.MLR.100, the following point (g1) is inserted:
For SPO authorisation holders, any amendment associated with the authorised standard operating procedures, prior approval shall be obtained before the amendment becomes effective.’
In ORO.MLR.100(h), the words ‘and (g1)’ are inserted after ‘Notwithstanding (g)’.
In ORO.MLR.101, the first sentence is replaced by the following:
‘Except for operations with single engined propeller-driven aeroplanes with a MOPSC of 5 or single engined non-complex helicopters with a MOPSC of 5, taking off and landing at the same aerodrome or operating site, under VFR by day, and for operations with sailplanes and balloons, the main structure of the OM shall be as follows:’.
ORO.MLR.115(a) is replaced by the following:
The following records shall be stored for at least 5 years.
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.’
In ORO.MLR.115(b)(4), a comma and the words ‘if applicable’ are added after ‘dangerous goods’.
In ORO.SEC.100.A the title is replaced by the followings
In ORO.SEC.100.H, the title is replaced by the following
ORO.FC.005 is replaced by the following:
This Subpart establishes requirements to be met by the operator related to flight crew training, experience and qualification and comprises:
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 sailplanes or balloons; or
commercial air transport operations of passengers conducted under visual flight rules (VFR) by day, starting and ending at the same aerodrome or operating site and within a local area specified by the competent authority, with
single-engined propeller-driven aeroplanes having a maximum certified take-off mass of 5 700 kg or less and a MOPSC of 5; or
other-than-complex motor-powered helicopters, single engined, with a MOPSC of 5.
SECTION 3 specifying additional requirements for commercial specialised operations and for those referred to in b(1) and (2).’.
In ORO.FC.105:
in point (c), first sentence, the words ‘In the case of commercial operations of aeroplanes and helicopters,’ followed by a comma, are inserted at the beginning;
point (d) is replaced by the following:
Point (c) shall not apply in the case of:
performance class B aeroplanes involved in commercial air transport operations under VFR by day; and
commercial air transport operations of passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site or within a local area specified by the competent authority, with other than complex motor-powered helicopters, single-engined, with a MOPSC of 5.’.
ORO.FC.145(c) is replaced by the following:
In the case of CAT operations, training and checking programmes, including syllabi and use of individual flight simulation training devices (FSTDs), shall be approved by the competent authority.’.
After ORO.FC.H.250, the following SECTION is added:
In ORO.CC.100(a) second sentence, the words ‘Except for balloons’, followed by a comma, are inserted at the beginning.
Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).
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