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Commission Regulation (EU) No 965/2012Show full title

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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SUBPART OPSAIR OPERATIONSU.K.

SECTION IU.K.Certification of commercial air transport operators

ARO.OPS.100Issue of the air operator certificateU.K.
(a)The [F1CAA] 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.

Textual Amendments

(b)The certificate shall include the associated operations specifications.U.K.
[F2(c) The [F1CAA] may determine specific operational limitations. Such limitations shall be documented in the operations specifications.] U.K.

Textual Amendments

ARO.OPS.105Code-share arrangementsU.K.

In considering the safety of a code-share agreement involving a third-country operator, the [F3CAA] shall:

Textual Amendments

(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 [F4aviation authority] of the State of the third-country operator as necessary.

Textual Amendments

[F5ARO.OPS.110 Lease agreements for aeroplanes and helicopters] U.K.
(a)The [F6CAA] 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)

[F7ORO.AOC.110(e), for dry lease-out of an aircraft to any operator, except for the cases specified in point ORO.GEN.310 of Annex III;]

(4)

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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(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)

[F7the lessor is [F9included on the United Kingdom safety list] pursuant to Regulation (EC) No 2111/2005 of the European Parliament and of the Council (1);]

(3)

[F10the authorisation issued in accordance with Commission Regulation (EU) No 452/2014 (2) has been suspended, revoked or surrendered.]

Textual Amendments

F9Words in Annex 2 point ARO.OPS.110(b)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 355(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[F11(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 [F12included on the United Kingdom safety list] pursuant to Regulation (EC) No 2111/2005.]

Textual Amendments

F12Words in Annex 2 point ARO.OPS.110(c)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 355(4)(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

(d)When asked for the prior approval of a dry-lease out agreement in accordance with ORO.AOC.110(e), the [F13CAA] shall ensure:U.K.
(1)

[F7proper coordination with the [F14aviation authority of the state] responsible for the continuing oversight of the aircraft, in accordance with Commission Regulation (EU) No 1321/2014(3), 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 except for the cases specified in point ORO.GEN.310 of Annex III.]

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[F15(e) When asked for prior approval of a dry lease-in agreement in accordance with point ORO.AOC.110(d), the [F16CAA] shall ensure proper coordination with the State of Registry of the aircraft as necessary to exercise the oversight responsibilities of the aircraft.] U.K.

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Textual Amendments

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[F2SECTION 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 [F17CAA] 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.

Textual Amendments

[F7(b) When satisfied with the risk assessment and SOP, the [F18CAA] shall issue the authorisation, as established in Appendix IV. The authorisation may be issued for a limited or for 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.

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(c) Upon receiving an application for a change to the authorisation, the [F19CAA] shall comply with (a) and (b). It shall prescribe the conditions under which the operator may operate during the change, unless the [F20CAA] determines that the authorisation needs to be suspended. U.K.

Textual Amendments

(d) Upon receiving an application for the renewal of the authorisation, the [F21CAA] shall comply with (a) and (b). It may take into account the past authorisation process and oversight activities. U.K.

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(e) Without prejudice to any additional enforcement measures, when the operator implements changes without having submitted an amended risk assessment and SOP, the [F22CAA] shall suspend, limit or revoke the authorisation. U.K.

Textual Amendments

F23 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

ARO.OPS.155 Lease agreements U.K.
(a) The [F24CAA] 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.

Textual Amendments

F24Word in Annex 2 point ARO.OPS.155(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 355(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(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 IIU.K.Approvals

ARO.OPS.200Specific approval procedureU.K.
(a)Upon receiving an application for the issue of a specific approval or changes thereof, the [F25CAA] 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.

Textual Amendments

[F26(b) When satisfied that the operator has demonstrated compliance with the applicable requirements, the [F25CAA] 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)

[F7the list of specific approvals, as established in Appendix III, for non-commercial operations and specialised operations.]]

Textual Amendments

ARO.OPS.205Minimum equipment list approvalU.K.
(a)When receiving an application for initial approval of a minimum equipment list (MEL) or an amendment thereof from an operator, the [F27CAA] shall assess each item affected, to verify compliance with the applicable requirements, before issuing the approval.U.K.

Textual Amendments

(b)The [F27CAA] 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 [F27CAA].U.K.
(c)The [F27CAA] 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 [F27CAA].U.K.
[F28ARO.OPS.210 Determination of distance or local area U.K.

The [F29CAA] may determine a distance or local area for the purpose of operations.]

Textual Amendments

Textual Amendments

ARO.OPS.215Approval of helicopter operations over a hostile environment located outside a congested areaU.K.
(a)The [F30CAA] 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.

Textual Amendments

(b)Before issuing the approval referred to in CAT.POL.H.420 the [F31CAA] shall have considered the operator’s substantiation precluding the use of the appropriate performance criteria.U.K.

Textual Amendments

ARO.OPS.220Approval of helicopter operations to or from a public interest siteU.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.225Approval of operations to an isolated aerodromeU.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.

[F32ARO.OPS.226 Approval and oversight of evidence-based training programmes U.K.
(a)

Where a competent authority grants an approval for EBT programmes, inspectors must receive qualification and training in EBT principles, application, approval processes and continuing oversight.

(b)

The competent authority shall assess and oversee the EBT programme, together with the processes that support the implementation of the EBT programme and its effectiveness.

(c)

Upon receiving an application for the approval of an EBT programme, the competent authority shall:

(1)

ensure the resolution of level 1 findings in the areas that will support the application of the EBT programme;

(2)

assess the capability of the operator to support the implementation of the EBT programme. The following elements shall be considered as a minimum:

(i)

the maturity and capability of the operator’s management system in the areas that will support the application of the EBT programme — in particular, flight crew training;

(ii)

the operator’s EBT programme suitability — the EBT programme shall correspond to the size of the operator, and the nature and complexity of its activities, taking into account the hazards and associated risks inherent in those activities;

(iii)

the adequacy of the operator’s record-keeping system, in particular with regard to flight crew training, checking and qualifications records in particular ORO.GEN.220 and ORO.MLR.115 points (c) and (d);

(iv)

the suitability of the operator’s grading system to assess the pilot competencies;

(v)

the competence and the experience of the instructors and other personnel involved in the EBT programme in the use of the processes and procedures that support the implementation of the EBT programme; and

(vi)

the operator’s EBT implementation plan and a safety risk assessment supporting the EBT programme in order to demonstrate how an equivalent level of safety to that of the current training programme can be achieved.

(d)

The competent authority shall grant an EBT programme approval when the assessment concludes that the compliance with at least ORO.FC.146, ORO.FC.231, and ORO.FC.232 is ensured.

(e)

Without prejudice to ARO.GEN.120 (d) and (e), the competent authority shall notify the Agency when it starts the evaluation of an alternative means of compliance related to EBT.]

Textual Amendments

[F33ARO.OPS.230 Determination of disruptive schedules U.K.

For the purpose of flight time limitations, the [F34CAA] shall determine, in accordance with the definitions of ‘ early type ’ and ‘ late type ’ of disruptive schedules in point ORO.FTL.105 of Annex III, which of those two types of disruptive schedules shall apply to all CAT operators under its oversight.

Textual Amendments

Textual Amendments

ARO.OPS.235 Approval of individual flight time specification schemes U.K.
(a) The [F35CAA] shall approve flight time specification schemes proposed by CAT operators if the operator demonstrates compliance with Regulation (EC) No 216/2008 and Subpart FTL of Annex III to this Regulation. U.K.

Textual Amendments

(b) Whenever a flight time specification scheme proposed by an operator deviates from the applicable certification specifications issued by the [F36CAA], the [F37CAA] shall apply the procedure described in Article 22(2) of Regulation (EC) No 216/2008. U.K.

Textual Amendments

(c) Whenever a flight time specification scheme proposed by an operator derogates from applicable implementing rules, the [F38CAA] shall apply the procedure described in Article 14(6) of Regulation (EC) No 216/2008. U.K.

Textual Amendments

(d) Approved deviations or derogations shall be subject, after being applied, to an assessment to determine whether such deviations or derogations should be confirmed or amended. The [F39CAA] shall conduct an independent assessment based on information provided by the operator. The assessment shall be proportionate, transparent and based on scientific principles and knowledge.] U.K.

Textual Amendments

[F40ARO.OPS.240 Specific approval of RNP AR APCH U.K.
(a)

When compliance with the requirements in SPA.PBN.105 has been demonstrated by the applicant, the [F41CAA] shall grant a generic specific approval or a procedure-specific approval for RNP AR APCH.

(b)

In the case of a procedure-specific approval, the [F41CAA] shall:

(1)

list the approved instrument approach procedures at specific aerodromes in the PBN approval;

(2)

establish coordination with the [F42aviation authorities] for these aerodromes, if appropriate; and

(3)

take into account possible credits stemming from RNP AR APCH specific approvals already issued to the applicant.]

Textual Amendments

Textual Amendments

[F2SECTION III U.K. Oversight of operations

ARO.OPS.300 Introductory flights U.K.

The [F43CAA] may establish additional conditions for introductory flights carried out in accordance with Part-NCO in the [F44United Kingdom]. Such conditions shall ensure safe operations and be proportionate.]

Textual Amendments

(1)

[F7Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC ( OJ L 344, 27.12.2005, p. 15 )]

(2)

[F10Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council ( OJ L 133, 6.5.2014, p. 12 ).]

(3)

[F7Commission 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 ).]

Textual Amendments

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