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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Version Superseded: 25/08/2016
Point in time view as at 19/02/2015.
There are currently no known outstanding effects for the Commission Regulation (EU) No 965/2012, Division SUBPART A .
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Alternative means of compliance to those adopted by the Agency may be used by an operator to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.
aeroplanes when they are power-driven by an engine; and
sailplanes when operated without using an engine.
Textual Amendments
Textual Amendments
Introductory flights referred to in Article 6(5)(c) of this Regulation when conducted in accordance with this Annex, shall:
start and end at the same aerodrome or operating site, except for balloons and sailplanes;
be operated under VFR by day;
be overseen by a nominated person responsible for their safety; and
comply with any other conditions stipulated by the competent authority.]
the safety of the aircraft and of all crew members, passengers and cargo on board during aircraft operations as referred to in 1.c of Annex IV to Regulation (EC) No 216/2008;
the initiation, continuation, termination or diversion of a flight in the interest of safety;
ensuring that all operational procedures and checklists are complied with as referred to in 1.b of Annex IV to Regulation (EC) No 216/2008;
only commencing a flight if he/she is satisfied that all operational limitations referred to in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 are complied with, as follows:
the aircraft is airworthy;
the aircraft is duly registered;
instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, if applicable, as provided for in NCO.IDE.A.105, NCO.IDE.H.105, NCO.IDE.S.105 or NCO.IDE.B.105;
the mass of the aircraft and, except in the case of balloons, the centre of gravity location are such that the flight can be conducted within limits prescribed in the airworthiness documentation;
all equipment, baggage and cargo are properly loaded and secured and an emergency evacuation remains possible; and
the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight;
not commencing a flight if he/she is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;
not continuing a flight beyond the nearest weather-permissible aerodrome or operating site when his/her capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;
deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or minimum equipment list (MEL), as applicable; and
recording utilisation data and all known or suspected defects in the aircraft at the termination of the flight, or series of flights, in the aircraft technical log or journey log for the aircraft.
except for balloons, keep his/her safety belt fastened while at his/her station; and
remain at the controls of the aircraft at all times except if another pilot is taking the controls.
The pilot-in-command of a balloon shall in addition to NCO.GEN.105:
be responsible for the pre-flight briefing of those persons assisting in the inflation and deflation of the envelope;
ensure that no person is smoking on board or within the direct vicinity of the balloon; and
ensure that persons assisting in the inflation and deflation of the envelope wear appropriate protective clothing.]
An aeroplane shall only be 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 aeroplane;
is trained to use the radio telephone, if radio communications are required;
has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures; and
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.
The pilot-in-command 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.
Except for aircraft taking-off and landing at the same aerodrome/operating site, 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.
the AFM, or equivalent document(s);
the original certificate of registration;
the original certificate of airworthiness (CofA);
the noise certificate, if applicable;
the list of specific approvals, if applicable;
the aircraft radio licence, if applicable;
the third party liability insurance certificate(s);
the journey log, or equivalent, for the aircraft;
details of the filed ATS flight plan, if applicable;
current and suitable aeronautical charts for the route [F3area] 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;
the MEL or CDL, if applicable; and
any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
intending to take off and land at the same aerodrome/operating site; or
remaining within a distance or area determined by the competent authority,
the documents and information in (a)(2) to (a)(8) may be retained at the aerodrome or operating site.
they are not subject to the Technical Instructions in accordance with Part 1 of those Instructions; or
they are carried by passengers or the pilot-in-command, or are in baggage, in accordance with Part 8 of the Technical Instructions;
they are carried by operators of ELA2 aircraft.
The operator shall implement:
any safety measures mandated by the competent authority in accordance with ARO.GEN.135(c); and
any relevant mandatory safety information issued by the Agency, including airworthiness directives.
Particulars of the aircraft, its crew and each journey shall be retained for each flight, or series of flights, in the form of a journey log, or equivalent.
the document shall provide for the operation of the aircraft, under specified conditions, with particular instruments, items of equipment or functions inoperative at the commencement of the flight;
the document shall be prepared for each individual aircraft, taking account of the operator’s relevant operational and maintenance conditions; and
the MEL shall be based on the relevant Master Minimum Equipment List (MMEL), as defined in the data established in accordance with Commission Regulation (EU) No 748/2012 (1) , and shall not be less restrictive than the MMEL.
Textual Amendments
F1 Inserted by Commission Regulation (EU) No 800/2013 of 14 August 2013 amending 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 (Text with EEA relevance).
Textual Amendments
F1 Inserted by Commission Regulation (EU) No 800/2013 of 14 August 2013 amending 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 (Text with EEA relevance).
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