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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
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The title is replaced by ‘Definitions for terms used in Annexes II to VIII’.
The following item is inserted:
“Balloon empty mass” means the mass determined by weighing the balloon with all the installed equipment a specified in the AFM.’.
Point 40 is replaced by the following:
“Dry lease agreement” means an agreement between undertakings pursuant to which the aircraft is operated under the air operator certificate (AOC) of the lessee or, in the case of commercial operations other than CAT, under the responsibility of the lessee.’.
The following item is inserted:
“Task specialist” means a person assigned by the operator or a third party, or acting as an undertaking, who performs tasks on the ground directly associated with a specialised task or performs specialised tasks on board or from the aircraft.’.
Point 120 is replaced by the following:
“Traffic load” means the total mass of passengers, baggage, cargo and carry-on specialist equipment and, except for balloons, including any ballast.’.
Point 127 is replaced by the following:
“Wet lease agreement” means an agreement:
in the case of CAT operations, between air carriers pursuant to which the aircraft is operated under the AOC of the lessor; or
in the case of commercial operations other than CAT, between operators pursuant to which the aircraft is operated under the responsibility of the lessor.’.
In ARO.GEN.120(d)(1), a comma and the words ‘specialised operation authorisation’ are inserted after ‘the approval’.
In ARO.GEN.200(c), the words ‘or authorised’ are inserted after ‘certified’.
ARO.GEN.205(a), a comma and the words ‘specialised operation authorisation’ are inserted after ‘the initial certification’.
ARO.GEN.205(b), a comma and the word ‘authorisation’ are inserted after ‘certification’.
In ARO.GEN.220(a):
the following item is inserted:
the process of authorisation of a high risk commercial specialised operation and continuing oversight of an authorisation holder;’;
point (7) is replaced by the following
oversight of persons and organisations exercising activities within the territory of the Member State, but overseen, certified or authorised by the competent authority of another Member State or the Agency, as agreed between these authorities;’;
in point (9), a comma and the words ‘or authorisation’ are inserted after ‘certification’.
In ARO.GEN.220, point (b) is replaced by the following:
The competent authority shall maintain a list of all organisation certificates and specialised operations authorisations it issued as well as declarations it received’.
In ARO.GEN.300(a), items (1) and (2) are replaced by the following:
compliance with the requirements applicable to organisations or type of operations prior to the issue of a certificate, approval or authorisation, as applicable;
continued compliance with the applicable requirements of organisations it has certified, specialised operations it has authorised and organisations from whom it received a declaration;’.
In ARO.GEN.305, the following amendments are made:
point (d) is replaced by the following:
For organisations declaring their activity to the competent authority, the oversight programme shall be based on the specific nature of the organisation, the complexity of its activities and the data of past oversight activities and the assessment of risks associated with the type of activity carried out. It shall include audits and inspections, including ramp and unannounced inspections, as appropriate.’;
point (d1) is inserted as follows:
For organisations holding a specialised operations authorisation, the oversight programme shall be established in accordance with (d) and shall also take into account the past and current authorisation process and the validity period of the authorisation.’.
ARO.GEN.350(b) is replaced by the following:
A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the organisation’s procedures and manuals or with the terms of an approval, certificate, specialised operation authorisation or with the content of a declaration which lowers safety or seriously hazards flight safety.’.
In ARO.GEN.350(b)(2) and (3) respectively, the words ‘or specialised operations authorisation’ are inserted after the words ‘organisation certificate’.
ARO.GEN.350(c) is replaced by the following:
A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the organisation’s procedures and manuals or with the terms of an approval, certificate, specialised operation authorisation or with the content of a declaration which could lower safety or hazard flight safety.’.
In ARO.GEN.350(d)(1), a comma and the words ‘specialised operations authorisation’ are inserted after ‘certificate’.
In ARO.GEN.350(e), a comma and the words ‘or authorised by’ are inserted after the words ‘an organisation certified by’.
In ARO.GEN.355(a), the reference to Regulation (EU) No 290/2012 is replaced by a reference to Regulation (EU) No 1178/2011.
The following ARO.GEN.360 is added:
If, during oversight or by any other means, evidence is found showing a non-compliance with the applicable requirements by an operator subject to the requirements laid down in Regulation (EC) No 216/2008 and its Implementing Rules, the competent authority that identified the non-compliance shall take any enforcement measures necessary to prevent the continuation of that non-compliance.’
In ARO.OPS.100, the following point (c) is added:
The competent authority may determine specific operational limitations. Such limitations shall be documented in the operations specifications.’.
In SUBPART OPS the following SECTION Ia is inserted:
In ARO.OPS.200(b)(2), the words ‘and specialised operations’ are inserted after the words ‘non-commercial operations’.
ARO.OPS.210 is replaced by the following:
The competent authority may determine a distance or local area for the purpose of operations.’.
In Subpart OPS the following SECTION III is inserted:
The competent authority may establish additional conditions for introductory flights carried out in accordance with Part-NCO in the territory of the Member State. Such conditions shall ensure safe operations and be proportionate.’.
In Appendix I:
the sub-title is replaced by ‘(Approval schedule for air transport operators)’;
the words ‘Commercial specialised operations (SPO)’ and footnote 2 are deleted.
In Appendix II, the repeating word ‘Take-off’ is deleted and footnote 10 is replaced by the following:
In Appendix V, the words ‘Specialised operations’ are added below the words ‘Non-commercial operations’.
All references to Regulation (EC) No 1702/2003 are replaced by references to Commission Regulation (EU) No 748/2012(1).
All references to Regulation (EC) No 290/2012 are replaced by references to Regulation (EU) No 1178/2011.
The text of ORO.GEN.005 is replaced by the following:
‘This Annex establishes requirements to be followed by an air operator conducting:
commercial air transport operations (CAT);
commercial specialised operations;
non-commercial operations with complex motor-powered aircraft;
non-commercial specialised operations with complex motor-powered aircraft.’.
In ORO.GEN.105, the words ‘or specialised operation authorisation’ are inserted after ‘declaration obligation’.
In ORO.GEN.110, point (a) is replaced by the following:
The operator is responsible for the operation of the aircraft in accordance with Annex IV to Regulation (EC) No 216/2008, as applicable, the relevant requirements of this Annex and its air operator certificate (AOC) or specialised operation authorisation (SPO authorisation) or declaration.’.
In ORO.GEN.110(c), a comma and the words ‘SPO authorisation’ are inserted after the word ‘certificate’.
In ORO.GEN.110, the following point is added:
Notwithstanding (j), the operator of a sailplane or a balloon or of flights taking off and landing at the same aerodrome or operating site, under VFR by day, with
single-engined propeller-driven aeroplanes having a maximum certified take-off mass of 5 700 kg or less and a MOPSC of 5 or less; or
other than complex motor-powered helicopters, single-engined, with a MOPSC of 5 or less,
shall ensure that the flight crew has received an appropriate training or briefing to enable them to recognise undeclared dangerous goods brought on-board by passengers or as cargo.’.
In ORO.GEN.115:
the title is replaced by the following: ‘Application for an AOC’;
in point (a) the word ‘air’ is inserted before ‘operator certificate’.
In ORO.GEN.120, the following point is added:
When an operator subject to SPO authorisation wishes to use alternative means of compliance, it shall comply with (b) whenever such alternative means of compliance affects the standard operating procedures that are part of the authorisation and with (c) for the declared part of its organisation and operation.’.
The title of ORO.GEN.125 is replaced by the following: ‘Terms of approval and privileges of an AOC holder’.
The title of ORO.GEN.130 is replaced by the following: ‘Changes related to an AOC holder’.
The title of ORO.GEN.135 is replaced by the following: ‘Continued validity of an AOC’.
In ORO.GEN.140(a), a comma and the words ‘SPO authorisation’ are inserted after the word ‘certification’.
In ORO.GEN.140(b), the words ‘in the case of CAT’ are inserted, surrounded by commas, after the words ‘Access to the aircraft mentioned under (a) shall’.
ORO.GEN.205 is replaced by the following:
In ORO.AOC.100(a), the word ‘transport’ is inserted before the word ‘operations’.
In ORO.AOC.100, points (b) and (c) are replaced by the following:
The operator shall provide the following information to the competent authority:
the official name and business name, address, and mailing address of the applicant;
a description of the proposed operation, including the type(s), and number of aircraft to be operated;
a description of the management system, including organisational structure;
the name of the accountable manager;
the names of the nominated persons required by ORO.AOC.135(a) together with their qualifications and experience;
a copy of the operations manual required by ORO.MLR.100;
a statement that all the documentation sent to the competent authority have been verified by the applicant and found in compliance with the applicable requirements.
Applicants shall demonstrate to the competent authority that:
they comply with all the applicable requirements of Annex IV to Regulation (EC) No 216/2008, this Annex, Annex IV (Part-CAT) and Annex V (Part-SPA) to this Regulation;
all aircraft operated have a certificate of airworthiness (CofA) in accordance with Regulation (EU) No 748/2012; and
its organisation and management are suitable and properly matched to the scale and scope of the operation.’.
In ORO.AOC.125(a)(1)(ii), the words ‘air transport’ are inserted after the word ‘commercial’.
In ORO.DEC.100, the first sentence is replaced by the following:
‘The operator of complex motor-powered aircraft engaged in non-commercial operations or non-commercial specialised operations, and the commercial specialised operator shall:’.
The following Subpart is inserted after SUBPART DEC — DECLARATION:
Wet leasing-in an aircraft of a third country operator:
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 (EC) No 2042/2003 and this Regulation;
The aircraft of a third country operator has a standard CofA issued in accordance with ICAO Annex 8;
The duration of the wet lease-in does not exceed seven months in any 12 consecutive month period; or
Dry leasing-in an aircraft registered in a third country:
An operational need has been identified that cannot be satisfied through leasing an aircraft registered in the EU;
The duration of the dry lease-in does not exceed seven months in any 12 consecutive month period;
Compliance with the applicable requirements of Regulation (EC) No 2042/2003 is ensured;
The aircraft is equipped in accordance with Annex VIII [Part SPO].
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
that, as determined by the competent authority of the place where the operation is conducted, 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.
the official name and business name, address, and mailing address of the applicant;
a description of the management system, including organisational structure;
a description of the proposed operation, including the type(s), and number of aircraft to be operated;
the risk assessment documentation and related standard operating procedures, required by SPO.OP.230;
a statement that all the documentation sent to the competent authority has been verified by the operator and found in compliance with the applicable requirements.
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;
the competent authority 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
the authorisation not being surrendered or revoked.
ORO.MLR.100(b) is replaced by the following:
The content of the OM shall reflect the requirements set out in this Annex, Annex IV (Part-CAT), Annex V (Part-SPA), Annex VI (Part-NCC) and Annex VIII (Part-SPO), as applicable, and shall not contravene the conditions contained in the operations specifications to the air operator certificate (AOC), the SPO authorisation or the declaration and the list of specific approvals, as applicable.’.
In ORO.MLR.100, the following point (g1) is inserted:
For SPO authorisation holders, any amendment associated with the authorised standard operating procedures, prior approval shall be obtained before the amendment becomes effective.’
In ORO.MLR.100(h), the words ‘and (g1)’ are inserted after ‘Notwithstanding (g)’.
In ORO.MLR.101, the first sentence is replaced by the following:
‘Except for operations with single engined propeller-driven aeroplanes with a MOPSC of 5 or single engined non-complex helicopters with a MOPSC of 5, taking off and landing at the same aerodrome or operating site, under VFR by day, and for operations with sailplanes and balloons, the main structure of the OM shall be as follows:’.
ORO.MLR.115(a) is replaced by the following:
The following records shall be stored for at least 5 years.
for CAT operators, records of the activities referred to in ORO.GEN.200;
for declared operators, a copy of the operator’s declaration, details of approvals held and operations manual;
for SPO authorisation holders, in addition to (a)(2), records related to the risk assessment conducted in accordance with SPO.OP.230 and related standard operating procedures.’
In ORO.MLR.115(b)(4), a comma and the words ‘if applicable’ are added after ‘dangerous goods’.
In ORO.SEC.100.A the title is replaced by the followings
In ORO.SEC.100.H, the title is replaced by the following
ORO.FC.005 is replaced by the following:
This Subpart establishes requirements to be met by the operator related to flight crew training, experience and qualification and comprises:
SECTION 1 specifying common requirements applicable to both non-commercial operations of complex motor-powered aircraft and any commercial operation;
SECTION 2 specifying additional requirements applicable to commercial air transport operations, with the exception of:
commercial air transport operations of sailplanes or balloons; or
commercial air transport operations of passengers conducted under visual flight rules (VFR) by day, starting and ending at the same aerodrome or operating site and within a local area specified by the competent authority, with
single-engined propeller-driven aeroplanes having a maximum certified take-off mass of 5 700 kg or less and a MOPSC of 5; or
other-than-complex motor-powered helicopters, single engined, with a MOPSC of 5.
SECTION 3 specifying additional requirements for commercial specialised operations and for those referred to in b(1) and (2).’.
In ORO.FC.105:
in point (c), first sentence, the words ‘In the case of commercial operations of aeroplanes and helicopters,’ followed by a comma, are inserted at the beginning;
point (d) is replaced by the following:
Point (c) shall not apply in the case of:
performance class B aeroplanes involved in commercial air transport operations under VFR by day; and
commercial air transport operations of passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site or within a local area specified by the competent authority, with other than complex motor-powered helicopters, single-engined, with a MOPSC of 5.’.
ORO.FC.145(c) is replaced by the following:
In the case of CAT operations, training and checking programmes, including syllabi and use of individual flight simulation training devices (FSTDs), shall be approved by the competent authority.’.
After ORO.FC.H.250, the following SECTION is added:
In ORO.CC.100(a) second sentence, the words ‘Except for balloons’, followed by a comma, are inserted at the beginning.
All references to Regulation (EC) No 1702/2003 are replaced by references to Regulation (EU) No 748/2012.
The following CAT.GEN.105 is added:
aeroplanes when they are power-driven by an engine; and
sailplanes when operated without using an engine.
CAT.GEN.MPA.180(a)(5) and (6) are replaced by the following:
a 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;’.
In SUBPART A — GENERAL REQUIREMENTS, the following SECTION is inserted:
be responsible for the safety of all crew members and passengers on board, as soon as the commander arrives on board of 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 balloons, from the moment the inflating of the envelope is started until the envelope is deflated, unless the commander has delegated the responsibility to another qualified person during the filling phase until the commander arrives as specified in the operations manual (OM);
for sailplanes, from the moment the launch procedure is started until the sailplane comes to a rest at the end of the flight;
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 not to embark and to disembark any person 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;
ensure that all passengers have received a safety briefing;
ensure that all operational procedures and checklists are complied with in accordance with the operations manual;
ensure that the pre-flight inspection has been carried out in accordance with the requirements of Annex I (Part-M) to Regulation (EC) No 2042/2003;
be satisfied that relevant emergency equipment remains easily accessible for immediate use;
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 his/her 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 psychoactive substances or alcohol 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.
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.
when under the influence of psychoactive substances or alcohol;
when unfit due to injury, fatigue, medication, sickness or other similar causes; or
until a reasonable time period has elapsed after deep water diving or following blood donation.
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 all crew members can communicate with each other in a common language.
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.
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 take all reasonable measures to ensure that no person enters or is in an aircraft when under the influence of alcohol or drugs to the extent that the safety of the aircraft or its occupants is likely to be endangered.
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 on the ground; 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, if applicable;
a copy of the air operator certificate (AOC);
the operations specifications relevant to the aircraft type, issued with the AOC, if applicable;
the aircraft radio licence, if applicable;
the third party liability insurance certificate(s);
the journey log, or equivalent, for the aircraft;
the aircraft technical log, in accordance with Annex I (Part-M) to Regulation (EC) No 2042/2003, if applicable;
the MEL or CDL, if applicable;
details of the filed air traffic service (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;
appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;
appropriate meteorological information;
passenger manifests, if applicable;
for sailplanes, mass and balance documentation and for balloons, mass documentation;
the operational flight plan, if applicable; and
any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
take off and land at the same aerodrome or operating site; or
remain within a local area specified in the operations manual.
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.
they are not subject to the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Doc 9284-AN/905) 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.
In CAT.OP.MPA.151, the following point (a1) is inserted:
Notwithstanding CAT.OP.MPA.150(b) to (d), for operations taking off and landing at the same aerodrome or operating site with ELA2 aeroplanes under VFR by day the operator shall specify the minimum final reserve fuel in the OM. This minimum final reserve fuel shall not be less than the amount needed to fly for a period of 45 minutes.’.
In SUBPART B — OPERATIONAL PROCEDURES, the following SECTION is inserted:
The operator shall only use aerodromes and operating sites that are adequate for the type(s) of aircraft and operation(s) concerned.
The commander shall take into account the effect of aircraft noise while ensuring that safety has priority over noise abatement.
data provided by the balloon manufacturer;
anticipated masses;
expected meteorological conditions; and
air navigation services provider(s) procedures and restrictions.
Persons requiring special conditions, assistance and/or devices when carried on a flight shall be considered as SCPs and be carried under conditions that ensure the safety of the aircraft and its occupants according to procedures established by the operator.
The operator shall ensure that passengers are given a safety briefing before or, where appropriate, during the flight.
Before commencing the flight, the commander shall:
ascertain by every reasonable means available that the ground facilities including communication facilities and navigation aids available and directly required on such a flight, for the safe operation of the aircraft, are adequate for the type of operation under which the flight is to be conducted; and
be familiar with all available meteorological information appropriate to the intended flight. Preparation for a flight away from the vicinity of the place of departure shall include:
a study of available current weather reports and forecasts; and
the planning of an alternative course of action to provide for the eventuality that the flight cannot be completed as planned, because of weather conditions.
The commander shall ensure that before take-off and landing, and whenever deemed necessary in the interest of safety:
all equipment and baggage are properly secured; and
emergency evacuation remains possible.
No person shall be allowed to smoke on board a sailplane or balloon.
The commander shall only commence or continue a VFR flight if the latest available meteorological information indicates that the weather conditions along the route and at the intended destination at the estimated time of use will be at or above the applicable VFR operating minima.
The commander shall only commence take-off if the aircraft is clear of any deposit that might adversely affect the performance or controllability of the aircraft, except as permitted in accordance with the AFM.
Before commencing take-off, the commander shall be satisfied that according to the information available to him/her, the weather at the aerodrome or operating site would not prevent a safe take-off and departure.
The commander shall ensure that when carrying passengers abnormal or emergency situations that require the application of abnormal or emergency procedures are not simulated.
The commander shall check at regular intervals that the amount of usable fuel and ballast remaining in flight is not less than the fuel and ballast needed to complete the intended flight and the reserve planned for landing.
The commander shall ensure that flight crew members engaged in performing duties essential to the safe operation of the aircraft in flight use supplemental oxygen continuously whenever the pressure altitude exceeds 10 000 ft for a period of more than 30 minutes and whenever the pressure altitude exceeds 13 000 ft.
Before commencing an approach to land, the commander shall be satisfied that, according to the information available to him/her, the weather at the intended aerodrome or operating site and the condition of the surface intended to be used would not prevent a safe approach and landing.
A sailplane shall only be operated during day.’.
In CAT.POL.A.240(b)(4), ‘ORO.OPS’ is replaced by ‘ORO.FC’.
In CAT.POL.A.310, the following point (e) is added:
The requirements in (a)(3), (a)(4), (a)(5), (b)(2) and (c)(2) shall not be applicable to VFR operations by day.’.
In CAT.POL.A.405(b), the reference to ‘CAT.POL.A.405(b) or (c)’ is replaced by a reference to ‘CAT.POL.A.400(b) or (c)’.
In SUBPART C — AIRCRAFT PERFORMANCE AND OPERATING LIMITATIONS the following SECTIONS 4 and 5 are inserted:
The commander shall only operate the sailplane if the performance is adequate to comply with the applicable rules of the air and any other restrictions applicable to the flight, the airspace or the aerodromes or operating sites used, taking into account the charting accuracy of any charts and maps used.
balloon empty mass;
mass of the traffic load;
mass of the fuel or ballast load;
take-off mass;
loading of the balloon performed under the supervision of the commander or qualified personnel;
preparation and disposition of all documentation.
The commander shall only operate the balloon if the performance is adequate to comply with the applicable rules of the air and any other restrictions applicable to the flight, the airspace or the aerodromes or operating sites used, taking into account the charting accuracy of any charts and maps used.’.
In CAT.IDE.A.100(c), CAT.IDE.A.215(d) and in CAT.IDE.H.100(c), the word ‘must’ is replaced by ‘shall’.
In SUBPART D — INSTRUMENTS, DATA AND EQUIPMENT the following SECTIONS 3 and 4 are inserted:
used by the flight crew to control the flight path;
used to comply with CAT.IDE.S.140;
used to comply with CAT.IDE.S.145; or
installed in the sailplane.
independent portable light;
accurate time piece; and
survival and signalling equipment.
the information provided by these instruments or equipment shall not be used by the flight crew to comply with Annex I to Regulation (EC) No 216/2008; and
the instruments and equipment shall not affect the airworthiness of the sailplane, even in the case of failures or malfunction.
A flight shall not be commenced when any of the sailplane instruments, items of equipment or functions required for the intended flight are inoperative or missing, unless the sailplane is operated in accordance with the minimum equipment list (MEL).
in the case of powered sailplanes, magnetic heading;
time in hours, minutes and seconds;
pressure altitude; and
indicated airspeed.
vertical speed;
attitude or turn and slip; and
magnetic heading.
Sailplanes performing cloud flying shall be equipped with a means of measuring and displaying:
magnetic heading;
time in hours, minutes and seconds;
pressure altitude;
indicated airspeed;
vertical speed; and
attitude or turn and slip.
a seat for each person on board; and
a seat belt with upper torso restraint system for each seat according to the AFM.
Sailplanes operated at pressure altitudes above 10 000 ft shall be equipped with oxygen storage and dispensing apparatus carrying enough breathing oxygen to supply:
crew members for any period in excess of 30 minutes when the pressure altitude will be between 10 000 ft and 13 000 ft; and
all crew members and passengers for any period that the pressure altitude will be above 13 000 ft.
The commander of a sailplane operated over water shall determine the risks to survival of the occupants of the sailplane in the event of a ditching, based on which he/she shall determine the carriage of:
a life-jacket, or equivalent individual floatation device, for each person on board, that shall be worn or stowed in a position that is readily accessible from the seat of the person for whose use it is provided;
an emergency locator transmitter (ELT) or a personal locator beacon (PLB), carried by a crew member or a passenger, capable of transmitting simultaneously on 121,5 MHz and 406 MHz; and
equipment for making distress signals, when operating a flight:
over water beyond gliding distance from the land; or
where the take-off or approach path is so disposed over water that in the event of a mishap there would be a likelihood of ditching.
Sailplanes operated over areas in which search and rescue would be especially difficult shall be equipped with such signalling devices and life-saving equipment as appropriate to the area overflown.
Sailplanes shall be equipped with any navigation equipment necessary to proceed in accordance with:
the ATS flight plan if applicable; and
the applicable airspace requirements.
When required by the airspace being flown, sailplanes shall be equipped with a secondary surveillance radar (SSR) transponder with all the required capabilities.
used by the flight crew to determine the flight path;
used to comply with CAT.IDE.B.155; or
installed in the balloon.
independent portable light;
accurate time piece;
first-aid kit;
survival and signalling equipment;
alternative source of ignition;
fire blanket or fire resistant cover;
drop line; and
knife.
the information provided by these instruments or equipment shall not be used by the flight crew to comply with Annex I to Regulation (EC) No 216/2008; and
the instruments and equipment shall not affect the airworthiness of the balloon, even in the case of failures or malfunction.
A flight shall not be commenced when any of the balloon instruments, items of equipment or functions, required for the intended flight, are inoperative, unless the balloon is operated in accordance with the minimum equipment list (MEL).
Balloons operated at night shall be equipped with:
anti-collision lights;
a means to provide adequate illumination for all instruments and equipment essential to the safe operation of the balloon; and
an independent portable light.
Balloons operated under VFR shall be equipped with:
a means of displaying drift direction; and
a means of measuring and displaying:
time in hours, minutes and seconds;
vertical speed, if required by the AFM;
pressure altitude, if required by the AFM, if required by air space requirements or when altitude needs to be controlled for the use of oxygen; and
except for gas balloons, the pressure of each burning gas supply line.
Balloons with a separate compartment for the commander shall be equipped with a restraint system for the commander.
readily accessible for use; and
kept up-to-date.
Balloons operated at pressure altitudes above 10 000 ft shall be equipped with oxygen storage and dispensing apparatus carrying enough breathing oxygen to supply:
crew members for any period in excess of 30 minutes when the pressure altitude will be between 10 000 ft and 13 000 ft; and
all crew members and passengers for any period that the pressure altitude will be above 13 000 ft.
Hot-air balloons shall be equipped with at least one hand fire extinguisher as required by the applicable airworthiness code.
The commander of a balloon operated over water shall determine the risks to survival of the occupants of the balloon in the event of a ditching, based on which he/she shall determine the carriage of:
a life-jacket for each person on board, or equivalent individual floatation device for each person on board younger than 24 months, that shall be worn or stowed in a position that is readily accessible from the station of the person for whose use it is provided;
an emergency locator transmitter (ELT) or a personal locator beacon (PLB), carried by a crew member or a passenger, capable of transmitting simultaneously on 121,5 MHz and 406 MHz; and
equipment for making distress signals.
Balloons operated over areas in which search and rescue would be especially difficult shall be equipped with such signalling devices and life-saving equipment as appropriate to the area overflown.
an alternative source of ignition;
a means of measuring and indicating fuel quantity;
a fire blanket or fire resistant cover; and
a drop line of at least 25 m in length.
a knife; and
a drop line of at least 20 m in length made of natural fibre or electrostatic conductive material.
When required by the airspace being flown, balloons shall be equipped with a secondary surveillance radar (SSR) transponder with all the required capabilities.’.
All references to Regulation (EC) No 1702/2003 are replaced by references to Regulation (EU) No 748/2012.
In SPA.GEN.100(a)(1), the words ‘air transport’ are deleted.
SPA.DG.100 is replaced by the following:
Except as provided for in Annex IV (Part-CAT), Annex VI (Part-NCC), Annex VII (Part-NCO) and Annex VIII (Part-SPO), the operator shall only transport dangerous goods by air if the operator has been approved by the competent authority.’.
Except for an aeroplane equipped with turboprop engines and a maximum take-off mass at or below 5 700 kg, in the event of an engine failure during take-off, the pilot-in-command shall ensure that the aeroplane is able:
to discontinue the take-off and stop within the accelerate-stop distance available or the runway available; or
to continue the take-off and clear all obstacles along the flight path by an adequate margin until the aeroplane is in a position to comply with NCC.POL.130.’.
All references to Regulation (EC) No 1702/2003 are replaced by references to Regulation (EU) No 748/2012.
NCO.GEN.102 is amended as follows:
The following point NCO.GEN.103 is inserted:
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.’.
NCO.GEN.106 is replaced by the following:
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.’.
In NCO.GEN.135(a)(10), the word ‘area’ is inserted after the words ‘for the route’.
In NCO.OP.110(c), first sentence, the word ‘only’ is inserted after ‘shall’.
The title of NCO.OP.113 is replaced by the following: ‘Aerodrome operating minima — onshore circling operations with helicopters’.
In NCO.OP.127(a) and (b), the word ‘gas’ is deleted.
NCO.OP.215 is replaced by the following:
NCO.POL.105(b) is replaced by the following:
The weighing shall be accomplished:
for aeroplanes and helicopters, by the manufacturer of the aircraft or by an approved maintenance organisation; and
for sailplanes and balloons, by the manufacturer of the aircraft or in accordance with Commission Regulation (EC) No 2042/2003, as applicable.’.
NCO.IDE.B.110 is replaced by the following:
Balloons operated at night shall be equipped with:
anti-collision lights;
a means to provide adequate illumination for all instruments and equipment essential to the safe operation of the balloon; and
an independent portable light.’.
NCO.IDE.B.125 is replaced by the following:
Hot air -balloons shall be equipped with at least one hand fire extinguisher, if required by the applicable certification specifications.’.
NCO.IDE.B.140 is replaced by the following:
an alternative source of ignition;
a means of measuring and indicating fuel quantity;
a fire blanket or fire resistant cover; and
a drop line of at least 25 metres (m) in length.
a knife; and
a drop line of at least 20 m in length made of natural fibre or electrostatic conductive material.’.
The following SUBPART E is added:
This subpart establishes specific requirements to be followed by a pilot-in-command conducting non-commercial specialised operations with other-than-complex motor-powered aircraft.
Whenever crew members or task specialists are involved in the operation, the pilot-in-command shall
ensure compliance of crew members and task specialists with NCO.SPEC.115 and NCO.SPEC.120;
not commence a flight if any crew member or task specialist is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;
not continue a flight beyond the nearest weather-permissible aerodrome or operating site when any crew member or task specialist’s capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;
ensure that crew members and task specialists comply with the laws, regulations and procedures of those States where operations are conducted;
ensure that all crew members and task specialists are able to communicate with each other in a common language; and
ensure that task specialists and crew members use supplemental oxygen continuously whenever the cabin altitude exceeds 10 000 ft for a period of more than 30 minutes and whenever the cabin altitude exceeds 13 000 ft.
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 perform his/her duties; or
when under the influence of psychoactive substances or alcohol or for other reasons as referred to in 7.g of Annex IV to Regulation (EC) No 216/2008.
maintain his/her individual records regarding flight and duty times and rest periods as referred to in Annex III (Part-ORO), Subpart FTL to Regulation (EU) No 965/2012, if applicable; and
provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.
any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and
any incident that was endangering, or could endanger, the safety of the operation.
any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and
any incident that was endangering, or could endanger, the safety of the operation.
emergency equipment and procedures;
operational procedures associated with the specialised task before each flight or series of flights
The pilot-in-command shall establish minimum flight altitudes for each flight providing the required terrain clearance for all route segments to be flown in IFR. The minimum flight altitudes shall not be lower than those published by the State overflown.
NCO.OP.125(a)(1)(i) does not apply to sailplane-towing, flying display, aerobatic flights or competition flights.
Notwithstanding NCO.OP.126(a)(1), the pilot-in-command of a helicopter may only commence a VFR flight by day remaining within 25 NM of the aerodrome/operating site of departure with reserve fuel of not less than 10 minutes at best-range-speed.
Unless a task specialist is on-board the aircraft for training, the pilot-in-command shall, when carrying task specialists, not simulate:
situations that require the application of abnormal or emergency procedures; or
flight in instrument meteorological conditions (IMC).
If installed, the ground proximity warning system may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from the ground below that which would trigger the ground proximity warning system.
Notwithstanding NCO.OP.200, the ACAS II may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from each other below that which would trigger the ACAS.
The pilot-in-command shall not operate an aircraft over congested areas of cities, towns or settlements or over an open-air assembly of persons when releasing dangerous goods.
When operating an aeroplane at a height of less than 150 m (500 ft) above a non-congested area, for operations of aeroplanes that are not able to sustain level flight in the event of a critical engine failure, the pilot-in-command shall have:
established operational procedures to minimise the consequences of an engine failure; and
briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.
the helicopter is certified in category A or B; and
safety measures are established to prevent undue hazard to persons or property on the ground
established operational procedures to minimise the consequences of an engine failure; and
briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.
a hover out of ground effect (HOGE) with all engines operating at the appropriate power rating; or
if conditions prevail that a HOGE is not likely to be established, the helicopter mass shall not exceed the maximum mass specified for a hover in ground effect (HIGE) with all engines operating at the appropriate power rating, provided prevailing conditions allow a hover in ground effect at the maximum specified mass.
The checklist for HESLO shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
The helicopter shall be equipped with at least:
one cargo safety mirror or alternative means to see the hook(s)/load; and
one load meter, unless there is another method of determining the weight of the load.
The operator transporting dangerous goods to or from unmanned sites or remote locations shall apply to the competent authority for an exemption from the provisions of the Technical Instructions if they intend not to comply with the requirements of those Instructions.
The checklist for HEC shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
hoist operations equipment or cargo hook;
one cargo safety mirror or alternative means to see the hook; and
one load meter, unless there is another method of determining the weight of the load.
The checklist for PAR shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
The requirement laid down in NCO.SPEC.120(c) shall not be applicable for task specialists performing parachute jumping.
Notwithstanding NCO.IDE.A.140(a)(1) and NCO.IDE.H.140(a)(1), the floor of the aircraft may be used as a seat, provided means are available for the task specialist to hold or strap on.
Notwithstanding NCO.SPEC.110(f), the requirement to use supplemental oxygen shall not be applicable for crew members other than the pilot-in-command and for task specialists carrying out duties essential to the specialised task, whenever the cabin altitude:
exceeds 13 000 ft, for a period of not more than 6 minutes;, or
exceeds 15 000 ft, for a period of not more 3 minutes.
Notwithstanding NCO.SPEC.160, parachutists may exit the aircraft for the purpose of parachute display over congested areas of cities, towns or settlements or over an open-air assembly of persons whilst carrying smoke train devices, provided these are manufactured for this purpose.
The checklist for ABF shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
The following documents and information listed in NCO.GEN.135(a) need not be carried during aerobatic flights:
details of the filed ATS flight plan, if applicable;
current and suitable aeronautical charts for the route/area of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted; and
procedures and visual signals information for use by intercepting and intercepted aircraft.
The following equipment requirements need not be applicable to aerobatic flights:
first-aids kit as laid down in NCO.IDE.A.145 and NCO.IDE.H.145;
hand-fire extinguishers as laid down in NCO.IDE.A.160 and NCO.IDE.H.180; and
emergency locator transmitters or personal locator beacons as laid down in NCO.IDE.A.170 and NCO.IDE.H.170.’.
Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).
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