http://www.legislation.gov.uk/id/eur/2015/140

Commission Regulation (EU) 2015/140

of 29 January 2015

amending Regulation (EU) No 965/2012 as regards sterile flight crew compartment and correcting that Regulation

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/EC1, and in particular Article 8(5) thereof,

Whereas:

(1)

Operators and personnel involved in the operation of certain aircraft have to comply with the relevant essential requirements set out in point 8.b of Annex IV to Regulation (EC) No 216/2008.

(2)

Commission Regulation (EU) No 965/20122 establishes conditions for the safe operation of aircraft.

(3)

In order to address the risks linked to potential errors resulting from the disturbance or distraction of flight crew during certain phases of flight, operators should be required to ensure that crew members are not required to perform any activities during critical phases of flight other than those required for the safe operation of the aircraft.

(4)

Regulation (EU) No 965/2012 imposes a limit on the number of persons who may be carried on board during specialised operations. However, that limit is not justified by safety reasons. Article 5(7) should therefore be adapted.

(5)

Commission Regulation (EU) No 71/20143 inserted an Article 9a into Regulation (EU) No 965/2012. Commission Regulation (EU) No 83/20144 subsequently inserted a second Article 9a, which should actually have been numbered Article 9b. In the interests of clarity and legal certainty, that Article 9a as inserted by Regulation (EU) No 83/2014 should be replaced and correctly numbered.

(6)

For reasons of legal certainty, and to ensure coherence with the terms used in Regulation (EC) No 216/2008, it is necessary, in certain languages, to correct certain terms used in Regulation (EU) No 965/2012.

(7)

Regulation (EU) No 965/2012 should therefore be amended and corrected accordingly.

(8)

The measures provided for in this Regulation are based on the opinion5 issued by the European Aviation Safety Agency in accordance with Article 17(2)(b) and Article 19(1) of Regulation (EC) No 216/2008.

(9)

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: