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Commission Regulation (EU) 2018/394 of 13 March 2018 amending Regulation (EU) No 965/2012 as regards the deletion of air operations requirements for balloons
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Annexes I, II, III, IV, VII and VIII of Regulation (EU) No 965/2012 are amended as follows:
In Annex I, point (120) is replaced by the following:
“traffic load” means the total mass of passengers, baggage, cargo and carry-on specialist equipment and including any ballast;’;
Annex II is amended as follows:
in point ARO.GEN.345, point (a) is replaced by the following:
in point ARO.GEN.350(b), point (1) is replaced by the following:
the heading of point ARO.OPS.110 is replaced by the following:
‘ARO.OPS.110 Lease agreements for aeroplanes and helicopters’;
Annex III is amended as follows:
in point ORO.GEN.110, point (k) is replaced by the following:
a sailplane;
a single-engined propeller-driven aeroplane having a maximum certified take-off mass of 5 700 kg or less and a MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day;
an other-than complex motor-powered helicopter, single-engined, with a MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day.’;
in point ORO.MLR.101, the introductory wording is replaced by the following:
‘Except for operations with single-engined propeller-driven aeroplanes with a MOPSC of 5 or less or with single-engined non-complex helicopters with a MOPSC of 5 or less, taking off and landing at the same aerodrome or operating site, under VFR by day, and for operations with sailplanes, the main structure of the OM shall be as follows:’;
in point ORO.FC.005(b), point (1) is replaced by the following:
in point ORO.CC.100, point (a) is replaced by the following:
Annex IV is amended as follows:
point CAT.GEN.105 is amended as follows:
the heading is replaced by the following:
‘CAT.GEN.105 Touring motor gliders and powered sailplanes’;
point (d) is deleted;
point CAT.GEN.NMPA.100 is amended as follows:
point CAT.GEN.NMPA.105 is deleted;
in point CAT.GEN.NMPA.140(a), point (19) is replaced by the following:
point CAT.OP.NMPA.105 is replaced by the following:
The commander shall take into account the effect of aircraft noise, while ensuring however that safety has priority over noise abatement.’;
point CAT.OP.NMPA.110 is deleted;
point CAT.OP.NMPA.135 is deleted;
point CAT.OP.NMPA.140 is replaced by the following:
No person shall be allowed to smoke on board a sailplane.’;
point CAT.OP.NMPA.165 is deleted;
point CAT.OP.NMPA.180 is deleted;
in Subpart C, Section 5 is deleted;
in Subpart D, Section 4 is deleted;
Annex VII (Part-NCO) is amended as follows:
point NCO.GEN.102 is amended as follows:
the heading is replaced by the following:
‘NCO.GEN.102 Touring motor gliders and powered sailplanes’;
point (d) is deleted;
in point NCO.GEN.103, point (a) is replaced by the following:
point NCO.GEN.105 is amended as follows:
in point (a)(4), points (iii) and (iv) are replaced by the following:
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, NCO.IDE.H.105 or NCO.IDE.S.105;
the mass of the aircraft and the centre of gravity location are such that the flight can be conducted within limits prescribed in the airworthiness documentation;’;
point NCO.GEN.106 is deleted;
in point NCO.GEN.135, point (c) is replaced by the following:
point NCO.OP.121 is deleted;
point NCO.OP.127 is deleted;
point NCO.OP.150 is replaced by the following:
The pilot-in-command shall ensure that, prior to and during taxiing, take-off and landing, and whenever deemed necessary in the interest of safety, each passenger on board occupies a seat or berth and has his/her safety belt or restraint device properly secured.’;
point NCO.OP.156 is replaced by the following:
No person shall be allowed to smoke on board a sailplane.’;
point NCO.OP.176 is deleted;
point NCO.OP.185 is replaced by the following:
The pilot-in-command shall check at regular intervals that the amount of usable fuel remaining in flight is not less than the fuel required to proceed to a weather-permissible aerodrome or operating site and the planned reserve fuel as required by points NCO.OP.125 or NCO.OP.126.’;
point NCO.OP.215 is deleted;
in point NCO.POL.100, point (a) is replaced by the following:
point NCO.POL.105 is replaced by the following:
The operator shall ensure that the mass and the CG of the aircraft have been established by actual weighing prior to the initial entry into service of the aircraft. The accumulated effects of modifications and repairs on the mass and balance shall be accounted for and properly documented. Such information shall be made available to the pilot-in-command. The aircraft shall be reweighed if the effect of modifications on the mass and balance is not accurately known.
The weighing shall be accomplished:
for aeroplanes and helicopters, by the manufacturer of the aircraft or by an approved maintenance organisation; and
for sailplanes, by the manufacturer of the aircraft or in accordance with Annex I to Regulation (EU) No 1321/2014.’;
in Subpart D, Section 4 is deleted;
Annex VIII is amended as follows:
point SPO.GEN.102 is amended as follows:
the heading is replaced by the following:
‘SPO.GEN.102 Touring motor gliders and powered sailplanes’;
point (d) is deleted;
in point SPO.GEN.105, point (b) is replaced by the following:
in point SPO.GEN.106, point (b) is replaced by the following:
in point SPO.GEN.107(a)(4), points (iii) and (iv) are replaced by the following:
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, SPO.IDE.H.105 or SPO.IDE.S.105;
the mass of the aircraft and the centre of gravity location are such that the flight can be conducted within the limits prescribed in the airworthiness documentation;’;
point SPO.GEN.108 is deleted;
in point SPO.GEN.140, point (c) is replaced by the following:
point SPO.OP.121 is deleted;
point SPO.OP.132 is deleted;
point SPO.OP.160 is replaced by the following:
Each flight crew member required to be on duty in the flight crew compartment shall wear a headset with boom microphone or equivalent and use it as the primary device to communicate with ATS, other crew members and task specialists.’;
point SPO.OP.181 is deleted;
point SPO.OP.225 is deleted;
in point SPO.POL.100, point (a) is replaced by the following:
point SPO.POL.105 is replaced by the following:
The operator shall ensure that the mass and the CG of the aircraft have been established by actual weighing prior to the initial entry into service of the aircraft. The accumulated effects of modifications and repairs on the mass and balance shall be accounted for and properly documented. Such information shall be made available to the pilot-in-command. The aircraft shall be reweighed if the effect of modifications on the mass and balance is not accurately known.
The weighing shall be accomplished:
for aeroplanes and helicopters, by the manufacturer of the aircraft or by an approved maintenance organisation; and
for sailplanes, by the manufacturer of the aircraft or in accordance with Annex I to Regulation (EU) No 1321/2014.’;
in Subpart D, Section 4 is deleted;
point SPO.SPEC.PAR.120 is deleted.
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)’;
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