ANNEX IU.K.
In Annex II to Regulation (EU) No 965/2012, the following points ARO.OPS.230 and ARO.OPS.235 are added:
‘ARO.OPS.230 Determination of disruptive schedules
For the purpose of flight time limitations, the competent authority shall determine, in accordance with the definitions of “early type” and “late type” of disruptive schedules in point ORO.FTL.105 of Annex III, which of those two types of disruptive schedules shall apply to all CAT operators under its oversight.
ARO.OPS.235 Approval of individual flight time specification schemes
(a)The competent authority shall approve flight time specification schemes proposed by CAT operators if the operator demonstrates compliance with Regulation (EC) No 216/2008 and Subpart FTL of Annex III to this Regulation.
(b)Whenever a flight time specification scheme proposed by an operator deviates from the applicable certification specifications issued by the Agency, the competent authority shall apply the procedure described in Article 22(2) of Regulation (EC) No 216/2008.
(c)Whenever a flight time specification scheme proposed by an operator derogates from applicable implementing rules, the competent authority shall apply the procedure described in Article 14(6) of Regulation (EC) No 216/2008.
(d)Approved deviations or derogations shall be subject, after being applied, to an assessment to determine whether such deviations or derogations should be confirmed or amended. The competent authority and the Agency shall conduct an independent assessment based on information provided by the operator. The assessment shall be proportionate, transparent and based on scientific principles and knowledge.’
