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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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Textual Amendments
F1Annex 4 point CAT.GEN.100 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 366(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
related to the safety of the aircraft and its occupants; and
specified in the instructions and procedures in the operations manual.
report to the commander any fault, failure, malfunction or defect which the crew member believes may affect the airworthiness or safe operation of the aircraft including emergency systems, if not already reported by another crew member;
report to the commander any incident that endangered, or could have endangered, the safety of the operation, if not already reported by another crew member;
comply with the relevant requirements of the operator’s occurrence reporting schemes;
comply with all flight and duty time limitations (FTL) and rest requirements applicable to their activities;
when undertaking duties for more than one operator:
maintain his/her individual records regarding flight and duty times and rest periods as referred to in applicable FTL requirements; and
provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.
when under the influence of [F3a psychoactive substance] or when unfit due to injury, fatigue, medication, sickness or other similar causes;
until a reasonable time period has elapsed after deep water diving or following blood donation;
if applicable medical requirements are not fulfilled;
if he/she is in any doubt of being able to accomplish his/her assigned duties; or
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.
Textual Amendments
F3Words in Annex 4 point CAT.GEN.MPA.100(c)(1) substituted (20.11.2021) by The Aviation Safety (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1203), regs. 1(2), 11(2)(a)
be responsible for the safety of all crew members, passengers and cargo on board, as soon as the commander arrives on board the aircraft, until the commander leaves the aircraft at the end of the flight;
be responsible for the operation and safety of the aircraft:
for aeroplanes, from the moment the aeroplane is first ready to move for the purpose of taxiing prior to take-off, until the moment it finally comes to rest at the end of the flight and the engine(s) used as primary propulsion unit(s) is(are) shut down;
for helicopters, when the rotors are turning;
have authority to give all commands and take any appropriate actions for the purpose of securing the safety of the aircraft and of persons and/or property carried therein in accordance with 7.c of Annex IV to Regulation (EC) No 216/2008;
have authority to disembark any person, or any part of the cargo, that may represent a potential hazard to the safety of the aircraft or its occupants;
not allow a person to be carried in the aircraft who appears to be under the influence of alcohol or drugs to the extent that the safety of the aircraft or its occupants is likely to be endangered;
have the right to refuse transportation of inadmissible passengers, deportees or persons in custody if their carriage increases the risk to the safety of the aircraft or its occupants;
ensure that all passengers are briefed on the location of emergency exits and the location and use of relevant safety and emergency equipment;
ensure that all operational procedures and checklists are complied with in accordance with the operations manual;
not permit any crew member to perform any activity during critical phases of flight, except duties required for the safe operation of the aircraft;
[F4ensure 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;]
decide on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or the minimum equipment list (MEL);
[F5ensure that the pre-flight inspection has been carried out in accordance with the requirements of Annex I (Part-M) to Regulation (EU) No 1321/2014;
be satisfied that relevant emergency equipment remains easily accessible for immediate use;]
[F6record, at the termination of the flight, utilisation data and all known or suspected defects of the aircraft in the aircraft technical log or journey log of the aircraft to ensure continued flight safety.]
Textual Amendments
F4Substituted by Commission Regulation (EU) 2015/2338 of 11 December 2015 amending Regulation (EU) No 965/2012 as regards requirements for flight recorders, underwater locating devices and aircraft tracking systems.
F5Substituted 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).
F6Inserted 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).
Textual Amendments
F7Word in Annex 4 Subpart A substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 366(2)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Whenever a potential bird hazard is observed, the commander shall inform the air traffic service (ATS) unit as soon as flight crew workload allows.
Whenever an aircraft for which the commander is responsible suffers a bird strike that results in significant damage to the aircraft or the loss or malfunction of any essential service, the commander shall submit a written bird strike report after landing to the [F7CAA].
The operator shall take all reasonable measures to ensure that all persons carried in the aircraft obey all lawful commands given by the commander for the purpose of securing the safety of the aircraft and of persons or property carried therein.
The operator shall ensure that personnel or crew members, other than operating cabin crew members, carrying out their duties in the passenger compartment of an aircraft:
are not confused by the passengers with operating cabin crew members;
do not occupy required cabin crew assigned stations;
do not impede operating cabin crew members in their duties.
The operator shall ensure that all crew members can communicate with each other in a common language.
The operator shall establish procedures for taxiing of aircraft in order to ensure safe operation and in order 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 aircraft;
is trained to use the radio telephone;
has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures;
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.
an operating crew member;
a representative of the competent or inspecting authority, if required to be there for the performance of his/her official duties; or
permitted by and carried in accordance with instructions contained in the operations manual.
admission to the flight crew compartment does not cause distraction or interference with the operation of the flight; and
all persons carried in the flight crew compartment are made familiar with the relevant safety procedures.
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, and shall take all reasonable measures to prevent such use.
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.
The operator shall not use a type B EFB application unless it is approved in accordance with Subpart M of Annex V (Part-SPA).]
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 any of their aircraft.
The operator shall only operate an aeroplane with a passenger seating configuration of more than 30 on overwater flights at a distance from land suitable for making an emergency landing, greater than 120 minutes at cruising speed, or 400 NM, whichever is less, if the aeroplane complies with the ditching provisions prescribed in the applicable certification specification or specifications.]
stowed in the aircraft in a place that is inaccessible to passengers during flight; and
in the case of firearms, unloaded.
stowed in the aircraft in a place that is inaccessible to passengers during flight; and
in the case of firearms or other weapons that can contain ammunition, unloaded.
Notwithstanding CAT.GEN.MPA.160(b), for helicopters with a maximum certified take-off mass (MCTOM) of 3 175 kg or less operated by day and over routes navigated by reference to visual landmarks, a sporting weapon may be carried in a place that is accessible during flight, provided that the operator has established appropriate procedures and it is impracticable to stow it in an inaccessible stowage during flight.
The operator shall take all measures to ensure that no person is in any part of an aircraft in flight that is not designed for the accommodation of persons unless temporary access has been granted by the commander:
for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods therein; or
to a part of the aircraft in which cargo or supplies are carried, being a part that is designed to enable a person to have access thereto while the aircraft is in flight.
The operator shall take all reasonable measures to prevent a person boarding an aircraft or being on board an aircraft when that person is under the influence of a psychoactive substance and is behaving in such a way as to risk endangering the safety of the aircraft or of another person on board of the aircraft.
The operator shall develop and implement a policy on the prevention and detection of misuse of psychoactive substances by flight crew members and cabin crew members and by other safety-sensitive personnel under its direct control, in order to ensure that the safety of the aircraft or its occupants is not endangered.
The operator shall develop and implement an objective, transparent and non-discriminatory procedure for the prevention and detection of cases of misuse of psychoactive substances by its flight crew members and cabin crew members and other safety-sensitive personnel under its direct control.
The operator shall inform the CAA of any case of misuse of psychoactive substances by any person to whom the procedure in point (c) applies as soon as reasonably practicable.]
Textual Amendments
F10Annex 4 point CAT.GEN.MPA.170 substituted (20.11.2021) by The Aviation Safety (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1203), regs. 1(2), 11(2)(b)
The operator shall take all reasonable measures to ensure that no person recklessly or negligently acts or omits to act so as to:
endanger an aircraft or person therein; or
cause or permit an aircraft to endanger any person or property.
the aircraft flight manual (AFM), or equivalent document(s);
the original certificate of registration;
the original certificate of airworthiness (CofA);
the noise certificate, including an English translation, where one has been provided by the authority responsible for issuing the noise certificate;
[F11a certified true copy of the air operator certificate (AOC), including an English translation when the AOC has been issued in another language;
the operations specifications relevant to the aircraft type, issued with the AOC, including an English translation when the operations specifications have been issued in another language;]
the original aircraft radio licence, if applicable;
the third party liability insurance certificate(s);
the journey log, or equivalent, for the aircraft;
[F5the aircraft technical log, in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014;]
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, which shall be easily accessible in the flight crew compartment;
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;
appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;
appropriate meteorological information;
cargo and/or passenger manifests, if applicable;
mass and balance documentation;
the operational flight plan, if applicable;
notification of special categories of passenger (SCPs) and special loads, if applicable; and
any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
Textual Amendments
noise certificate;
aircraft radio licence;
journey log, or equivalent;
aircraft technical log;
NOTAMs and AIS briefing documentation;
meteorological information;
notification of SCPs and special loads, if applicable; and
mass and balance documentation.
Textual Amendments
information relevant to the flight and appropriate for the type of operation is preserved on the ground;
the information is retained until it has been duplicated at the place at which it will be stored; or, if this is impracticable
the same information is carried in a fireproof container in the aircraft.
a copy of the operational flight plan, where appropriate;
copies of the relevant part(s) of the aircraft technical log;
route-specific NOTAM documentation if specifically edited by the operator;
mass and balance documentation if required; and
special loads notification.
The commander shall, within a reasonable time of being requested to do so by a person authorised by an authority, provide to that person the documentation required to be carried on board.
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 the recordings to ensure the continued serviceability of the flight recorders which are required to be carried under this Regulation.
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 [F7CAA].
Without prejudice to Regulation (EU) No 996/2010 and Regulation (EU) 2016/679 of the European Parliament and of the Council (1) :
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 inspecting flight recorder audio recordings to ensure 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 for 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 of 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
F13Substituted 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.
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.
any dangerous goods accidents or incidents;
the discovery of undeclared or misdeclared dangerous goods in cargo or mail; or
the finding of dangerous goods carried by passengers or crew members, or in their baggage, when not in accordance with Part 8 of the technical instructions.
By 16 December 2018 at the latest, the operator shall establish and maintain, as part of the system for exercising operational control over the flights, an aircraft tracking system, which includes the flights eligible to (b) when performed with the following aeroplanes:
aeroplanes with an MCTOM of more than 27 000 kg, with an MOPSC of more than 19, and first issued with an individual CofA before 16 December 2018 , which are equipped with a capability to provide a position additional to the secondary surveillance radar transponder;
all aeroplanes with an MCTOM of more than 27 000 kg, with an MOPSC of more than 19, and first issued with an individual CofA on or after 16 December 2018 ; and
all aeroplanes with an MCTOM of more than 45 500 kg and first issued with an individual CofA on or after 16 December 2018 .
Flights shall be tracked by the operator from take-off to landing, except when the planned route and the planned diversion routes are fully included in airspace blocks where:
ATS surveillance service is normally provided which is supported by ATC surveillance systems locating the aircraft at time intervals with adequate duration; and
the operator has provided to competent air navigation service providers necessary contact information.]
Textual Amendments
[F15From 1 January 2025, the] following aeroplanes shall be equipped with robust and automatic means to accurately determine, following an accident during which the aeroplane is severely damaged, the location of the point of end of flight:
Textual Amendments
F15Words in Annex 4 point CAT.GEN.MPA.210 substituted (23.12.2022) by The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022 (S.I. 2022/1235), regs. 1(2), 7(2)(a)
Textual Amendments
F16Word in Annex 4 point CAT.GEN.MPA.210 substituted (23.12.2022) by The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022 (S.I. 2022/1235), regs. 1(2), 7(2)(b)
F17Word in Annex 4 point CAT.GEN.MPA.210 substituted (23.12.2022) by The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022 (S.I. 2022/1235), regs. 1(2), 7(2)(b)
Textual Amendments
F18Annex 4 point CAT.GEN.MPA.215 inserted (16.2.2022) by The Aviation Safety (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1203), regs. 1(4), 11(2)(c)
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[F13Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ( OJ L 119, 4.5.2016, p. 1 ).]
Textual Amendments
F13Substituted 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.
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