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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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Version Superseded: 25/08/2013
Point in time view as at 05/10/2012.
There are currently no known outstanding effects for the Commission Regulation (EU) No 965/2012, ANNEX V.
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The competent authority for issuing a specific approval for the commercial air transport operator shall be the authority of the Member State in which the operator has its principal place of business.
the name, address and mailing address of the applicant;
a description of the intended operation.
compliance with the requirements of the applicable Subpart;
that the relevant elements defined in the data established in accordance with Regulation (EC) No 1702/2003 are taken into account.
The scope of the activity that an operator holding an air operator certificate (AOC) is approved to conduct shall be documented and specified in the operations specifications to the AOC.
When the conditions of a specific approval are affected by changes, the operator shall provide the relevant documentation to the competent authority and obtain prior approval for the operation.
Specific approvals shall be issued for an unlimited duration and shall remain valid subject to the operator remaining in compliance with the requirements associated with the specific approval and taking into account the relevant elements defined in the data established in accordance with Regulation (EC) No 1702/2003.
Aircraft shall only be operated in designated airspace, on routes or in accordance with procedures where performance-based navigation (PBN) specifications are established if the operator has been granted an approval by the competent authority to conduct such operations. No specific approval is required for operations in area navigation 5 (RNAV5 (basic area navigation, B-RNAV)) designated airspace.
To obtain a PBN operational approval from the competent authority, the operator shall provide evidence that:
the relevant airworthiness approval of the RNAV system has been obtained;
a training programme for the flight crew members involved in these operations has been established;
operating procedures have been established specifying:
the equipment to be carried, including its operating limitations and appropriate entries in the minimum equipment list (MEL);
flight crew composition and experience requirements;
normal procedures;
contingency procedures;
monitoring and incident reporting;
electronic navigation data management.
Aircraft shall only be operated in designated minimum navigation performance specifications (MNPS) airspace in accordance with regional supplementary procedures, where minimum navigation performance specifications are established, if the operator has been granted an approval by the competent authority to conduct such operations.
To obtain an MNPS operational approval from the competent authority, the operator shall provide evidence that:
the navigation equipment meets the required performance;
navigation displays, indicators and controls are visible and operable by either pilot seated at his/her duty station;
a training programme for the flight crew members involved in these operations has been established;
operating procedures have been established specifying:
the equipment to be carried, including its operating limitations and appropriate entries in the MEL;
flight crew composition and experience requirements;
normal procedures;
contingency procedures including those specified by the authority responsible for the airspace concerned;
monitoring and incident reporting.
Aircraft shall only be operated in designated airspace where a reduced vertical separation minimum of 300 m (1 000 ft) applies between flight level (FL) 290 and FL 410, inclusive, if the operator has been granted an approval by the competent authority to conduct such operations.
To obtain an RVSM operational approval from the competent authority, the operator shall provide evidence that:
the RVSM airworthiness approval has been obtained;
procedures for monitoring and reporting height-keeping errors have been established;
a training programme for the flight crew members involved in these operations has been established;
operating procedures have been established specifying:
the equipment to be carried, including its operating limitations and appropriate entries in the MEL;
flight crew composition and experience requirements;
flight planning;
pre-flight procedures;
procedures prior to RVSM airspace entry;
in-flight procedures;
post-flight procedures;
incident reporting;
specific regional operating procedures.
Aircraft used for operations in RVSM airspace shall be equipped with:
two independent altitude measurement systems;
an altitude alerting system;
an automatic altitude control system;
a secondary surveillance radar (SSR) transponder with altitude reporting system that can be connected to the altitude measurement system in use for altitude control.
a total vertical error (TVE) of ± 90 m (± 300 ft);
an altimetry system error (ASE) of ± 75 m (± 245 ft); and
an assigned altitude deviation (AAD) of ± 90 m (± 300 ft).
The operator shall only conduct the following low visibility operations (LVO) when approved by the competent authority:
low visibility take-off (LVTO) operation;
lower than standard category I (LTS CAT I) operation;
standard category II (CAT II) operation;
other than standard category II (OTS CAT II) operation;
standard category III (CAT III) operation;
approach operation utilising enhanced vision systems (EVS) for which an operational credit is applied to reduce the runway visual range (RVR) minima by no more than one third of the published RVR.
To obtain an LVO approval from the competent authority, the operator shall demonstrate compliance with the requirements of this Subpart.
each aircraft concerned is certified for operations to conduct CAT II operations; and
the approach is flown:
auto-coupled to an auto-land that needs to be approved for CAT IIIA operations; or
using an approved head-up display landing system (HUDLS) to at least 150 ft above the threshold.
each aircraft concerned is certified for operations with a decision height (DH) below 200 ft, or no DH, and equipped in accordance with the applicable airworthiness requirements;
a system for recording approach and/or automatic landing success and failure is established and maintained to monitor the overall safety of the operation;
the DH is determined by means of a radio altimeter;
the flight crew consists of at least two pilots;
all height call-outs below 200 ft above the aerodrome threshold elevation are determined by a radio altimeter.
the EVS is certified for the purpose of this Subpart and combines infra-red sensor image and flight information on the HUD;
for operations with an RVR below 550 m, the flight crew consists of at least two pilots;
for CAT I operations, natural visual reference to runway cues is attained at least at 100 ft above the aerodrome threshold elevation;
for approach procedure with vertical guidance (APV) and non-precision approach (NPA) operations flown with CDFA technique, natural visual reference to runway cues is attained at least at 200 ft above the aerodrome threshold elevation and the following requirements are complied with:
the approach is flown using an approved vertical flight path guidance mode;
the approach segment from final approach fix (FAF) to runway threshold is straight and the difference between the final approach course and the runway centreline is not greater than 2o;
the final approach path is published and not greater than 3,7o;
the maximum cross-wind components established during certification of the EVS are not exceeded.
the aerodrome has been approved for such operations by the State of the aerodrome; and
low visibility procedures (LVP) have been established.
The operator shall ensure that, prior to conducting an LVO:
each flight crew member:
complies with the training and checking requirements prescribed in the operations manual, including flight simulation training device (FSTD) training, in operating to the limiting values of RVR/VIS (visibility) and DH specific to the operation and the aircraft type;
is qualified in accordance with the standards prescribed in the operations manual;
the training and checking is conducted in accordance with a detailed syllabus.
the status of the visual and non-visual facilities is sufficient;
appropriate LVPs are in force according to information received from air traffic services (ATS);
flight crew members are properly qualified.
In commercial air transport operations, two-engined aeroplanes shall only be operated beyond the threshold distance determined in accordance with CAT.OP.MPA.140 if the operator has been granted an ETOPS operational approval by the competent authority.
To obtain an ETOPS operational approval from the competent authority, the operator shall provide evidence that:
the aeroplane/engine combination holds an ETOPS type design and reliability approval for the intended operation;
a training programme for the flight crew members and all other operations personnel involved in these operations has been established and the flight crew members and all other operations personnel involved are suitably qualified to conduct the intended operation;
the operator’s organisation and experience are appropriate to support the intended operation;
operating procedures have been established.
Except as provided for in Annex IV (Part-CAT), the operator shall only transport dangerous goods by air if the operator has been approved by the competent authority.
To obtain the approval to transport dangerous goods, the operator shall in accordance with the technical instructions:
establish and maintain a training programme for all personnel involved and demonstrate to the competent authority that adequate training has been given to all personnel;
establish operating procedures to ensure the safe handling of dangerous goods at all stages of air transport, containing information and instructions on:
the operator’s policy to transport dangerous goods;
the requirements for acceptance, handling, loading, stowage and segregation of dangerous goods;
actions to take in the event of an aircraft accident or incident when dangerous goods are being carried;
the response to emergency situations involving dangerous goods;
the removal of any possible contamination;
the duties of all personnel involved, especially with relevance to ground handling and aircraft handling;
inspection for damage, leakage or contamination;
dangerous goods accident and incident reporting.
The operator shall, in accordance with the technical instructions:
provide written information to the pilot-in-command/commander:
about dangerous goods to be carried on the aircraft;
for use in responding to in-flight emergencies;
use an acceptance checklist;
ensure that dangerous goods are accompanied by the required dangerous goods transport document(s), as completed by the person offering dangerous goods for air transport, except when the information applicable to the dangerous goods is provided in electronic form;
ensure that where a dangerous goods transport document is provided in written form, a copy of the document is retained on the ground where it will be possible to obtain access to it within a reasonable period until the goods have reached their final destination;
ensure that a copy of the information to the pilot-in-command/commander is retained on the ground and that this copy, or the information contained in it, is readily accessible to the aerodromes of last departure and next scheduled arrival, until after the flight to which the information refers;
retain the acceptance checklist, transport document and information to the pilot-in-command/commander for at least three months after completion of the flight;
retain the training records of all personnel for at least three years.
operate in commercial air transport (CAT) and hold a CAT AOC in accordance with Annex III (Part-ORO);
demonstrate to the competent authority:
compliance with the applicable requirements contained in this Subpart;
the successful integration of all elements of the NVIS.
NVIS-compatible instrument panel flood-lighting, if installed, that can illuminate all essential flight instruments;
NVIS-compatible utility lights;
portable NVIS compatible flashlight; and
a means for removing or extinguishing internal NVIS non-compatible lights.
a back-up or secondary power source for the night vision goggles (NVG);
a helmet with the appropriate NVG attachment.
helicopter windscreens and transparencies;
NVIS lighting;
NVGs; and
any additional equipment that supports NVIS operations.
in the aircraft flight manual (AFM);
for the underlying activity; or
in the operational approval for the NVIS operations.
night proficiency checks; and
line checks.
The operator shall ensure that, as part of its risk analysis and management process, risks associated with the NVIS environment are minimised by specifying in the operations manual: selection, composition and training of crews; levels of equipment and dispatch criteria; and operating procedures and minima, such that normal and likely abnormal operations are described and adequately mitigated.
operate in CAT and hold a CAT AOC in accordance with Annex III (Part-ORO);
demonstrate to the competent authority compliance with the requirements contained in this Subpart.
Two-way radio communication shall be established with the organisation for which the HHO is being provided and, where possible, a means of communicating with ground personnel at the HHO site for:
day and night offshore operations;
night onshore operations, except for HHO at a helicopter emergency medical services (HEMS) operating site.
Except for HHO at a HEMS operating site, HHO shall be capable of sustaining a critical engine failure with the remaining engine(s) at the appropriate power setting without hazard to the suspended person(s)/cargo, third parties or property.
Offshore:
1 000 hours as pilot-in-command/commander of helicopters, or 1 000 hours as co-pilot in HHO of which 200 hours is as pilot-in-command under supervision; and
50 hoist cycles conducted offshore, of which 20 cycles shall be at night if night operations are being conducted, where a hoist cycle means one down-and-up cycle of the hoist hook.
Onshore:
500 hours as pilot-in-command/commander of helicopters, or 500 hours as co-pilot in HHO of which 100 hours is as pilot-in-command under supervision;
200 hours operating experience in helicopters gained in an operational environment similar to the intended operation; and
50 hoist cycles, of which 20 cycles shall be at night if night operations are being conducted.
when operating by day: any combination of three day or night hoist cycles, each of which shall include a transition to and from the hover;
when operating by night: three night hoist cycles, each of which shall include a transition to and from the hover.
Prior to any HHO flight, or series of flights, HHO passengers shall have been briefed and made aware of the dangers of static electricity discharge and other HHO considerations.
operate in CAT and hold a CAT AOC in accordance with Annex III (Part-ORO);
demonstrate to the competent authority compliance with the requirements contained in this Subpart.
The installation of all helicopter dedicated medical equipment and any subsequent modifications and, where appropriate, its operation shall be approved in accordance with Regulation (EC) No 1702/2003.
In addition to that required by CAT.IDE.H, helicopters conducting HEMS flights shall have communication equipment capable of conducting two-way communication with the organisation for which the HEMS is being conducted and, where possible, to communicate with ground emergency service personnel.
Table 1 | |||
HEMS operating minima | |||
a During the en-route phase visibility may be reduced to 800 m for short periods when in sight of land if the helicopter is manoeuvred at a speed that will give adequate opportunity to observe any obstacles in time to avoid a collision. | |||
b During the en-route phase, cloud base may be reduced to 1 000 ft for short periods. | |||
2 PILOTS | 1 PILOT | ||
---|---|---|---|
DAY | |||
Ceiling | Visibility | Ceiling | Visibility |
500 ft and above | As defined by the applicable airspace VFR minima | 500 ft and above | As defined by the applicable airspace VFR minima |
499 - 400 ft | 1 000 ma | 499 – 400 ft | 2 000 m |
399 - 300 ft | 2 000 m | 399 – 300 ft | 3 000 m |
NIGHT | |||
Cloud base | Visibility | Cloud base | Visibility |
1 200 ftb | 2 500 m | 1 200 ftb | 3 000 m |
either:
1 000 hours as pilot-in-command/commander of aircraft of which 500 hours are as pilot-in-command/commander on helicopters; or
1 000 hours as co-pilot in HEMS operations of which 500 hours are as pilot-in-command under supervision and 100 hours pilot-in-command/commander of helicopters;
500 hours’ operating experience in helicopters, gained in an operational environment similar to the intended operation; and
for pilots engaged in night operations, 20 hours of VMC at night as pilot-in-command/commander.
Day flight. The minimum crew by day shall be one pilot and one HEMS technical crew member.
This may be reduced to one pilot only when:
at a HEMS operating site the commander is required to fetch additional medical supplies. In such case the HEMS technical crew member may be left to give assistance to ill or injured persons while the commander undertakes this flight;
after arriving at the HEMS operating site, the installation of the stretcher precludes the HEMS technical crew member from occupying the front seat; or
the medical passenger requires the assistance of the HEMS technical crew member in flight.
In the cases described in (i), the operational minima shall be as defined by the applicable airspace requirements; the HEMS operating minima contained in Table 1 of SPA.HEMS.120 shall not be used.
Only in the case described in (i)(A) may the commander land at a HEMS operating site without the technical crew member assisting from the front seat.
Night flight. The minimum crew by night shall be:
two pilots; or
one pilot and one HEMS technical crew member in specific geographical areas defined by the operator in the operations manual taking into account the following:
adequate ground reference;
flight following system for the duration of the HEMS mission;
reliability of weather reporting facilities;
HEMS minimum equipment list;
continuity of a crew concept;
minimum crew qualification, initial and recurrent training;
operating procedures, including crew coordination;
weather minima; and
additional considerations due to specific local conditions.
VMC day proficiency checks, or VMC night proficiency checks when night HEMS operations are undertaken by the operator; and
line checks.
30 minutes of flying time at normal cruising conditions; or
when operating within an area providing continuous and suitable precautionary landing sites, 20 minutes of flying time at normal cruising speed.
When the commander considers refuelling with passengers on board to be necessary, it can be undertaken either rotors stopped or rotors turning provided the following requirements are met:
door(s) on the refuelling side of the helicopter shall remain closed;
door(s) on the non-refuelling side of the helicopter shall remain open, weather permitting;
fire fighting facilities of the appropriate scale shall be positioned so as to be immediately available in the event of a fire; and
sufficient personnel shall be immediately available to move patients clear of the helicopter in the event of a fire.
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