Commission Implementing Regulation (EU) 2018/1975Show full title

ANNEX U.K.

Annexes I, II, III, IV, V, VI, VII and VIII to Regulation (EU) No 965/2012 are amended as follows:

(1)

Annex I is amended as follows:

(a)

point (6) is deleted;

(b)

point (11a) is deleted;

(c)

the following points (42a), (42b) and (42c) are inserted:

‘(42a)

“EFB application” means a software application installed on an EFB host platform that provides one or more specific operational functions which support flight operations;

(42b)

“EFB host platform” means the hardware equipment in which the computing capabilities and basic software reside, including the operating system and the input/output software;

(42c)

“EFB system” means the hardware equipment (including any battery, connectivity provisions, input/output components) and software (including databases and the operating system) needed to support the intended EFB application(s);’;

(d)

the following point (44a) is inserted:

‘(44a)

“electronic flight bag (EFB)” means an electronic information system, comprised of equipment and applications for flight crew, which allows for the storing, updating, displaying and processing of EFB functions to support flight operations or duties;’;

(e)

point (57) is deleted;

(f)

the following point (69a) is inserted:

‘(69a)

“human–machine interface (HMI)” means a component of certain devices that is capable of handling human–machine interactions. The interface consists of hardware and software that allow user inputs to be interpreted and processed by machines or systems that, in turn, provide the required results to the user;’;

(g)

point (78a) is replaced by the following:

‘(78a)

“minor failure condition” means a failure condition that would not significantly reduce aircraft safety, and which involves flight crew actions that are well within their capabilities;’;

(h)

the following point (78b) is inserted:

‘(78b)

“misuse of substances” means the use of one or more psychoactive substances by flight crew, cabin crew members and other safety-sensitive personnel in a way that:

(a)

constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or

(b)

causes or worsens an occupational, social, mental or physical problem or disorder;’;

(i)

the following points (96a) and (96b) are inserted:

‘(96a)

“portable EFB” means a portable EFB host platform, used on the flight deck, which is not part of the configuration of the certified aircraft;

(96b)

“portable electronic device (PED)” means any kind of electronic device, typically but not limited to consumer electronics, brought on board the aircraft by crew members, passengers, or as part of the cargo, that is not included in the configuration of the certified aircraft. It includes all equipment that is able to consume electrical energy. The electrical energy can be provided from internal sources such as batteries (chargeable or non-rechargeable) or the devices may also be connected to specific aircraft power sources;’;

(j)

the following points (120a) and (120b) are inserted:

‘(120a)

“type A EFB application” means an EFB application whose malfunction or misuse has no safety effect;

(120b)

“type B EFB application” means an EFB application:

(a)

whose malfunction or misuse is classified as minor failure condition or below; and

(b)

which neither replaces nor duplicates any system or functionality required by airworthiness regulations, airspace requirements, or operational rules;’;

(2)

Annex II is amended as follows:

(a)

in point ARO.GEN.120, point (d) is replaced by the following:

‘(d)

The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance:

(1)

with point ORO.GEN.120(b) of Annex III (Part-ORO) to this Regulation;

(2)

for balloons with point BOP.ADD.010 of Annex II (Part-BOP) to Commission Regulation (EU) 2018/395(1); or

(3)

for sailplanes with point SAO.DEC.100(c) of Annex II (Part-SAO) to Commission Implementing Regulation (EU) 2018/1976(2);

by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation.

When the competent authority finds that the alternative means of compliance are in accordance with the Implementing Rules, it shall without undue delay:

(1)

notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the approval, specialised operation authorisation or certificate of the applicant accordingly; and

(2)

notify the Agency of their content, including copies of all relevant documentation;

(3)

inform other Member States about alternative means of compliance that were accepted.’;

(b)

in point ARO.GEN.345, point (a) is replaced by the following:

‘(a)

Upon receiving a declaration from an organisation carrying out or intending to carry out activities for which a declaration is required, the competent authority shall verify that the declaration contains all the information required:

(1)

pursuant to ORO.DEC.100 of Annex III (Part-ORO) to this Regulation;

(2)

for balloon operators pursuant to BOP.ADD.100 of Annex II (Part-BOP) to Regulation (EU) 2018/395; or

(3)

for sailplane operators pursuant to SAO.DEC.100 of Annex II (Part-SAO) to Implementing Regulation (EU) 2018/1976.

After having verified the required information, the competent authority shall acknowledge receipt of the declaration to the organisation.’;

(c)

in Appendix II, the table (EASA FORM 139) is replaced by the following:

‘

’;

(3)

Annex III is amended as follows:

(a)

in point ORO.GEN.110, point (k) is replaced by the following:

‘(k)

Notwithstanding point (j), operators conducting commercial operations with either of the following aircraft shall ensure that the flight crew has received an appropriate dangerous goods training or briefing, to enable them to recognise undeclared dangerous goods brought on board by passengers or as cargo:

(1)

a single-engined propeller-driven aeroplane having an MCTOM of 5 700 kg or less and an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day;

(2)

an other-than-complex motor-powered helicopter, single-engined, with an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day.’;

(b)

in point ORO.MLR.101, the introductory wording is replaced by the following:

‘Except for operations with single-engined propeller-driven aeroplanes with an MOPSC of 5 or less or single-engined non-complex helicopters with an MOPSC of 5 or less, taking off and landing at the same aerodrome or operating site, under VFR by day, the main structure of the OM shall be as follows:’;

(c)

in point ORO.FC.005, point (b) is replaced by the following:

‘(b)

SECTION 2 specifying additional requirements applicable to commercial air transport operations, with the exception of commercial air transport operations of passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site and within a local area specified by the competent authority, with:

(1)

single-engined propeller-driven aeroplanes having an MCTOM of 5 700 kg or less and an MOPSC of 5 or less; or

(2)

other-than-complex motor-powered helicopters, single-engined, with an MOPSC of 5 or less.’;

(d)

in point ORO.FTL.105, point (13) is replaced by the following:

‘(13)

“flight time” means, for aeroplanes, the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and all engines or propellers are shut down.’;

(4)

Annex IV is amended as follows:

(a)

point CAT.GEN.105 is deleted;

(b)

the following point CAT.GEN.MPA.141 is inserted:

‘CAT.GEN.MPA.141 Use of electronic flight bags (EFBs)

(a)

Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft.

(b)

The operator shall not use a type B EFB application unless it is approved in accordance with Subpart M of Annex V (Part-SPA).’;

(c)

in Subpart A, Section 2 is deleted;

(d)

in Subpart B, Section 2 is deleted;

(e)

in point CAT.POL.MAB.105, point (b) is replaced by the following:

‘(b)

Where mass and balance data and documentation is generated by a computerised mass and balance system, the operator shall:

(1)

verify the integrity of the output data to ensure that the data are within AFM limitations; and

(2)

specify the instructions and procedures for its use in its operations manual.’;

(f)

in point CAT.POL.MAB.105, point (e) is deleted;

(g)

in Subpart C, Section 4 is deleted;

(h)

in Subpart D, Section 3 is deleted;

(5)

in Annex V, the following Subpart M is inserted:

‘SUBPART M ELECTRONIC FLIGHT BAGS (EFBs)

SPA.EFB.100 Use of electronic flight bags (EFBs) — operational approval

(a)

A commercial air transport operator shall only use a type B EFB application if the operator has been granted an approval by the competent authority for such use.

(b)

In order to obtain an operational approval from the competent authority for the use of a type B EFB application, the operator shall provide evidence that:

(1)

a risk assessment related to the use of the EFB device that hosts the application and to the EFB application and its associated function(s) has been conducted, identifying the associated risks and ensuring that they are appropriately managed and mitigated;

(2)

the human–machine interfaces of the EFB device and the EFB application have been assessed against human factors principles;

(3)

it has established an EFB administration system and that procedures and training requirements for the administration and use of the EFB device and the EFB application have been established and implemented; these shall include procedures for:

(i)

operating the EFB;

(ii)

the management of changes to the EFB;

(iii)

the management of EFB data;

(iv)

EFB maintenance; and

(v)

EFB security;

(4)

the EFB host platform is suitable for the intended use of the EFB application.

This demonstration shall be specific to the EFB application and the EFB host platform on which the application is installed.’;

(6)

Annex VI is amended as follows:

(a)

the following point NCC.GEN.131 is inserted:

‘NCC.GEN.131 Use of electronic flight bags (EFBs)

(a)

Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft.

(b)

Prior to using a type B EFB application, the operator shall:

(1)

conduct a risk assessment related to the use of the EFB device that hosts the application and to the EFB application concerned and its associated function(s), identifying the associated risks and ensuring that they are appropriately managed and mitigated; the risk assessment shall address the risks associated with the human–machine interface of the EFB device and the EFB application concerned; and

(2)

establish an EFB administration system, including procedures and training requirements for the administration and use of the device and the EFB application.’;

(b)

in point NCC.OP.200, point (b) is replaced by the following:

‘(b)

Notwithstanding point (a), when training flights are conducted by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011, such situations may be simulated with student pilots on board.’;

(7)

Annex VII is amended as follows:

(a)

point NCO.GEN.102 is deleted;

(b)

in point NCO.GEN.103, point (a) is replaced by the following:

‘(a)

start and end at the same aerodrome or operating site;’;

(c)

in point NCO.GEN.105, point (a)(4)(iii) is replaced by the following:

‘(iii)

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 points NCO.IDE.A.105 or NCO.IDE.H.105;’;

(d)

point NCO.GEN.125 is replaced by the following:

‘NCO.GEN.125 Portable electronic devices

The pilot-in-command shall not permit any person to use a portable electronic device (PED) on board an aircraft, including an electronic flight bag (EFB), that could adversely affect the performance of the aircraft systems and equipment or the ability of the flight crew member to operate the aircraft.’;

(e)

in point NCO.GEN.135, point (c) is deleted;

(f)

in point NCO.OP.120, the title is replaced by the following:

‘NCO.OP.120 Noise abatement procedures — aeroplanes and helicopters’;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)

point NCO.OP.156 is deleted;

(h)

in point NCO.OP.180, point (b) is replaced by the following:

‘(b)

Notwithstanding (a), when training flights are conducted by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011, such situations may be simulated with student pilots on board.’;

(i)

in point NCO.POL.105, point (b) is replaced by the following:

‘(b)

The weighing shall be accomplished by the manufacturer of the aircraft or by an approved maintenance organisation.’;

(j)

in point NCO.IDE.A.160, point (a) is replaced by the following:

‘(a)

Aeroplanes, except ELA1 aeroplanes, shall be equipped with at least one hand fire extinguisher:

(1)

in the flight crew compartment; and

(2)

in each passenger compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.’;

(k)

in Subpart D, Section 3 is deleted;

(8)

Annex VIII is amended as follows:

(a)

in point SPO.GEN.005, point (c)(2) is replaced by the following:

‘(2)

parachute dropping, sailplane towing with an aeroplane or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and being referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation.’;

(b)

point SPO.GEN.102 is deleted;

(c)

in point SPO.GEN.107, point (a)(4)(iii) is replaced by the following:

‘(iii)

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 required in points SPO.IDE.A.105 or SPO.IDE.H.105;’;

(d)

the following point SPO.GEN.131 is inserted:

‘SPO.GEN.131 Use of electronic flight bags (EFBs)

(a)

Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft.

(b)

Prior to using a type B EFB application, the operator shall:

(1)

conduct a risk assessment related to the use of the EFB device that hosts the application, to the EFB application concerned and its associated function(s), identifying the associated risks and ensuring that they are appropriately mitigated; the risk assessment shall address the risks associated with the human–machine interface of the EFB device and the EFB application concerned; and

(2)

establish an EFB administration system, including procedures and training requirements for the administration and use of the EFB device and the EFB application.’;

(e)

in point SPO.GEN.140, point (c) is deleted;

(f)

in point SPO.POL.105, point (b) is replaced by the following:

‘(b)

The weighing shall be accomplished by the manufacturer of the aircraft or by an approved maintenance organisation.’;

(g)

in point SPO.IDE.A.180, point (a) is replaced by the following:

‘(a)

Aeroplanes, except ELA1 aeroplanes, shall be equipped with at least one hand fire extinguisher:

(1)

in the flight crew compartment; and

(2)

in each cabin compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.’;

(h)

in Subpart D, Section 3 is deleted.

(1)

Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10).

(2)

Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64).’;