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

[F1 SUBPART SPO COMMERCIAL SPECIALISED OPERATIONS U.K.

ORO.SPO.100 Common requirements for commercial specialised operators U.K.

(a) A commercial specialised operator shall in addition to ORO.DEC.100 also comply with ORO.AOC.135, ORO.AOC.140 and ORO.AOC.150. U.K.

(b) Aircraft shall have a certificate of airworthiness (CofA) in accordance with Regulation (EU) No 748/2012 or shall be leased-in in accordance with (c). U.K.

[F2 (c) A commercial specialised operator shall obtain prior approval of the [F3 CAA] and comply with the following conditions: U.K.

(1)

for wet leasing-in an aircraft of a third-country operator:

(i)

that 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 (EU) No 1321/2014 (1) and this Regulation;

(ii)

that the aircraft of a third-country operator has a standard CofA issued in accordance with Annex 8 to the Convention on International Civil Aviation;

(iii)

that the duration of the wet lease-in does not exceed seven months in any 12 consecutive month period;

(2)

for dry leasing-in an aircraft registered in a third country:

(i)

that an operational need that cannot be satisfied through leasing an aircraft [F4 registered in the United Kingdom] has been identified;

(ii)

that the duration of the dry lease-in does not exceed seven months in any 12 consecutive month period;

(iii)

that the safety standards of the third-country aircraft with regard to continuing airworthiness are equivalent to the applicable requirements established by Regulation (EU) No 1321/2014;

(iv)

that the aircraft is equipped in accordance with Annex VIII (Part SPO).]

Textual Amendments

F4 Words in Annex 3 point ORO.SPO.100(c) substituted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(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

F2 Substituted 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).

F3 Word in Annex 3 point ORO.SPO.100(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

ORO.SPO.110 Authorisation of high risk commercial specialised operations U.K.

(a) A commercial specialised operator shall apply for and obtain an authorisation issued by the [F5 CAA] prior to commencing a high risk commercial specialised operation: U.K.

(1)

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

(2)

that, as determined by the [F6 CAA], 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.

Textual Amendments

F6 Word in Annex 3 point ORO.SPO.110(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(3)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F5 Word in Annex 3 point ORO.SPO.110(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(3)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) The operator shall provide the following information to the [F7 CAA]: U.K.

(1)

the official name and business name, address, and mailing address of the applicant;

(2)

a description of the management system, including organisational structure;

(3)

a description of the proposed operation, including the type(s), and number of aircraft to be operated;

(4)

the risk assessment documentation and related standard operating procedures, required by SPO.OP.230;

(5)

a statement that all the documentation sent to the [F7 CAA] has been verified by the operator and found in compliance with the applicable requirements.

Textual Amendments

F7 Word in Annex 3 point ORO.SPO.110(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(c) The application for an authorisation or its amendment shall be made in a form and manner established by the [F8 CAA], taking into account the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules. U.K.

Textual Amendments

F8 Word in Annex 3 point ORO.SPO.110(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

ORO.SPO.115 Changes U.K.

(a) Any change affecting the scope of the authorisation or the authorised operations shall require prior approval of the [F9 CAA]. Any change not covered by the initial risk assessment, shall require the submission of an amended risk assessment and SOP to the [F9 CAA]. U.K.

Textual Amendments

F9 Word in Annex 3 point ORO.SPO.115 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) The application for approval of a change shall be submitted before any such change takes place, in order to enable the [F9 CAA] to determine continued compliance with Regulation (EC) No 216/2008 and its Implementing Rules and to amend, if necessary, the authorisation. The operator shall provide the [F9 CAA] with any relevant documentation. U.K.

(c) The change shall only be implemented upon receipt of formal approval by the [F9 CAA] in accordance with ARO.OPS.150. U.K.

(d) The operator shall operate under the conditions prescribed by the [F9 CAA] during such changes, as applicable. U.K.

ORO.SPO.120 Continued validity U.K.

(a) An operator holding a specialised operation authorisation shall comply with the scope and privileges defined in the authorisation. U.K.

(b) The operator’s authorisation shall remain valid subject to: U.K.

(1)

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;

(2)

the [F10 CAA] 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

(3)

the authorisation not being surrendered or revoked.

Textual Amendments

F10 Word in Annex 3 point ORO.SPO.120 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(5) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(c) Upon revocation or surrender the authorisation shall be returned to the [F10 CAA] without delay.] 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.

(1)

[F1 [F2 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 ).] ]

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.

F2 Substituted 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).