THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC(1), and in particular Articles 8(5) and 10(5) thereof,
Whereas:
(1) Article 5 of Regulation (EC) No 216/2008 dealing with airworthiness was extended to include the elements of operational suitability evaluation into the implementing rules for type-certification.
(2) The European Aviation Safety Agency (the ‘Agency’) found that it was necessary to amend Commission Regulation (EU) No 748/2012(2) in order to allow the Agency to approve operational suitability data as part of the type-certification process.
(3) The operational suitability data should include mandatory elements for Master Minimum Equipment List (‘MMEL’), flight crew training and cabin crew training which will be the basis for developing the Minimum Equipment List (‘MEL’) and crew training courses by operators.
(4) The requirements related to the establishment of MEL, flight crew training and cabin crew training refer to the operational suitability data, however where the operational suitability data is not available there should be a general provision as well as transitional measures.
(5) The aeronautical industry and Member State administrations should be given enough time to adapt to the new regulatory framework and to recognise under certain conditions the validity of certificates issued before the entry into force and application of this Regulation.
(6) The Agency prepared draft implementing rules on the concept of operational suitability data and submitted them as an opinion(3) to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.
(7) Commission Regulation (EU) No 965/2012(4) should therefore be amended accordingly.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
Opinion No 07/2011 of the European Aviation Safety Agency of 13 December 2011, available at http://easa.europa.eu/agency-measures/opinions.php