The Aviation Safety (Amendment) Regulations 2024

Amendment of Annex 4 to Commission Regulation (EU) No 965/2012

7.—(1) Annex 4 (commercial air transport operations (part-CAT)) is amended as follows.

(2) In Subpart A (general requirements), in point CAT.GEN.MPA.100 (crew responsibilities)—

(a) for point (b)(5) substitute—

“(5) when undertaking duties for more than one operator:

(i) maintain their individual records regarding flight and duty times and rest periods as referred to in applicable FTL requirements;

(ii) provide each operator with the date needed to schedule activities in accordance with the applicable FTL requirements;

(iii) provide each operator with the data needed regarding operations on more than one type or variant.”;

(b) for point (c)(5) substitute—

“(5) if the crew member knows or suspects that they are suffering from fatigue as referred to in Annex V, point 7.5 to Regulation (EU) No1139/2018 or feels otherwise unfit, to the extent that the flight might be endangered.”.

(3) In Subpart B (operating procedures), section 1 (motor-powered aircraft)—

(a) after point CAT.OP.MPA.100 (use of air traffic services) insert—

“CAT.OP.MPA.101 Altimeter check and settings

The operator must establish procedures for:

(a) altimeter setting and cross-checking before each departure;

(b) altimeter settings for all phases of flight, which must take into account the procedures established by the State of the aerodrome or the State of airspace if applicable.”;

(b) omit point CAT.OP.MPA.106 (use of isolated aerodromes – aeroplanes);

(c) in point CAT.OP.MPA.110 (aerodrome operating minima)—

(i) in point (a)—

(aa) after “used” insert “in order to ensure separation of the aircraft from terrain and obstacles and to mitigate the risk of loss of visual references during the visual flight segment of instrument approach operations”;

(bb) omit the second sentence;

(ii) omit point (b);

(iii) for point (c)(4) substitute—

“(4)  any conditions or limitations stated in the aircraft flight manual;”;

(iv) for point (c)(6) substitute—

“(6)  the relevant operational experience of the operator;”;

(v) for points (c)(8) and (9) substitute—

“(8) the adequacy and performance of the available visual and non-visual aids and infrastructure;

(9) the obstacles in the climb-out areas and necessary clearance margins;

(10) the IAP;

(11) the aerodrome characteristics and the available air navigation services;

(12) any minima that may be promulgated by the State of the aerodrome;

(13) the conditions prescribed in the operations specification including any specific approvals for low-visibility operations or operations with operational credits;

(14) any non-standard characteristics of the aerodrome, the IAP or the local environment.”;

(vi) in point (d), after “operations manual.”, insert “That method and any changes to that method must be approved by the CAA.”;

(d) for point CAT.OP.MPA.115 (approach flight technique – aeroplanes) substitute—

“CAT.OP.MPA.115 Approach flight technique – aeroplanes

(a) All aeroplane approach operations must be flown as stabilised approach operations unless otherwise approved by the CAA for a particular approach to a particular runway.

(b) The CDFA technique must be used for aeroplane operations using NPA procedures except where the CAA has approved another flight technique for a particular runway.”;

(e) omit points CAT.OP.MPA.150 (fuel policy) and CAT.OP.MPA.151 (fuel policy – alleviations);

(f) in point CAT.OP.MPA.175 (flight preparation), in point (b)(7), after “fuel” add “or energy”;

(g) after point CAT.OP.MPA.175 insert—

“CAT.OP.MPA.177 Submission of the ATS flight plan

(a) If an ATS flight plan is not submitted as it is not required by the rules of the air, adequate information must be deposited by the operator in order to permit alerting services to be activated if required.

(b) When operating from a site where it is impossible to submit an ATS flight plan, the ATS flight plan must be transmitted as soon as possible after take-off by the commander or the operator.”;

(h) for points CAT.OP.MPA.180 (selection of aerodromes – aeroplanes) to CAT.OP.MPA.200 (refuelling/defueling with wide-cut fuel) substitute—

“CAT.OP.MPA.180 Fuel Scheme – aeroplanes

(a) The operator must establish, implement and maintain a fuel scheme for aeroplanes that:

(1) is appropriate for the type of operation performed;

(2)  corresponds to the capability of the operator to support its implementation and is either a basic fuel scheme, or a scheme that provides a higher or equivalent level of safety to a basic fuel scheme, and is either a basic fuel scheme with variations or an individual fuel scheme.

(b) The fuel scheme must be contained in the operations manual and comprise:

(1) fuel or energy planning and in-flight replanning policy;

(2) an aerodrome selection policy;

(3) an in-flight fuel or energy management policy.

(c) The fuel scheme, and any change to it, must be approved by the CAA prior to implementation.

(d) Before an individual fuel scheme for aeroplanes is approved, the operator must:

(1) establish a baseline safety performance of its current fuel scheme;

(2) demonstrate that it has the capability to support the implementation of the proposed individual fuel scheme, including the capability to exercise adequate operational control and to ensure exchange of relevant safety information between the operational control personnel and the flight crew; and

(3) establish a safety risk assessment that demonstrates how an equivalent level of safety to that of the current fuel scheme is achieved.

CAT.OP.MPA.181 Fuel scheme – fuel or energy planning and in-flight replanning policy- aeroplanes

(a) An operator’s fuel scheme for an aeroplane must:

(1) include a fuel planning and in-flight replanning policy (“the planning policy”);

(2) ensure that the aeroplane carries sufficient usable fuel or energy to safely complete the planned flight with allowance for deviations from the planned operation;

(3) ensure that procedures are developed for the planning policy;

(4) ensure that the fuel or energy planning of the flight is based on:

(i) current aircraft specific data derived from fuel or energy consumption monitoring, or if that is not available;

(ii) data provided from the aeroplane manufacturer.

(b) The operator must ensure that the fuel planning of aeroplane flights takes into account the operating conditions under which the flight will be undertaken, specifically:

(1) the aircraft fuel or energy consumption;

(2) anticipated masses;

(3) anticipated weather conditions;

(4) the effects of deferred maintenance items or configuration deviations, or both;

(5) the expected departure and arrival routing and runways; and

(6) anticipated delays.

(c) The operator must ensure that the pre-flight calculations of the usable fuel or energy that is required for an aeroplane flight includes:

(1) taxi fuel or energy that is not less than the amount expected to be used prior to take-off;

(2) trip fuel or energy that must be the amount required to enable the aeroplane to fly from take-off, or from the point of in-flight replanning, to landing at the destination aerodrome;

(3) contingency fuel;

(4) destination alternate fuel or energy:

(i) when a flight is operated with at least one destination alternate aerodrome, it must be the amount of fuel or energy required to fly from the destination aerodrome to the destination alternate aerodrome; or

(ii) when a flight is operated with no destination alternate aerodrome, it must be the amount of fuel or energy required to hold at the destination aerodrome, while enabling the aeroplane to perform a safe landing and to allow for deviations from the planned operation; as a minimum, the amount must be 15 minutes of fuel or energy at holding speed 1500 ft (450 m) above the aerodrome elevation in standard conditions, calculated according to the estimated aeroplane mass on arrival at the destination aerodrome;

(5) final reserve fuel being the amount of fuel or energy that is calculated at holding speed at 1500 ft (450 m) above the aerodrome elevation in standard conditions calculated according to the estimated aeroplane mass on arrival at the destination alternate aerodrome, or destination aerodrome when no destination alternate aerodrome is required, and must not be less than:

(i) for aeroplanes with reciprocating engines, the fuel or energy needed to fly for 45 minutes;

(ii) for turbine-engine aeroplanes, the fuel or energy needed to fly for 30 minutes.

(6) additional fuel (where required by the type of operation) which must be the greater of the amount of fuel or energy to enable the aeroplane to land at a FE ERA aerodrome in the event of a FE ERA aerodrome critical scenario or an aircraft failure at the most critical point along the route that significantly increases the fuel or energy consumption. This additional fuel or energy is required only if the minimum amount of fuel or energy that is calculated according to points (c)(2) to (c)(5) is not sufficient for such an event;

(7) extra fuel or energy to take into account anticipated delays or specific operational constraints; and

(8) discretionary fuel or energy, if required by the commander.

(d) The operator must ensure that in-flight replanning procedures for calculating the usable fuel or energy that is required when an aeroplane flight proceeds along a route or to a destination aerodrome other than the ones originally planned includes points (c)(2) to (c)(7).

CAT.OP.MPA.182 – Fuel scheme – aerodrome selection policy – aeroplanes

In respect of aeroplanes:

(a) At the planning stage, the operator must ensure that once the flight has commenced, there is reasonable certainty that an aerodrome where a safe landing can be made will be available at the estimated time of use of that aerodrome.

(b) At the planning stage, to allow for a safe landing in case of an abnormal or emergency situation after take-off, the operator must select and specify in the operational flight plan a take-off alternate aerodrome if either:

(1) the weather conditions at the aerodrome of departure are below the operator’s established aerodrome landing minima for that operation; or

(2) it would otherwise be impossible to return to the aerodrome of departure.

(c) The take-off alternate aerodrome must be located within a distance from the departure aerodrome that minimises the risk of exposure to potential abnormal or emergency situations. In choosing the take-off alternate aerodrome, the operator must, at least, consider the following:

(1) actual and forecast weather conditions;

(2) availability and quality of the aerodrome infrastructure;

(3) navigation and landing capabilities of the aircraft in abnormal or emergency conditions, taking into account the redundancy of critical systems; and

(4) specific approvals held.

(d) At the planning stage, for each IFR flight, the operator must select and specify in the operational and ATS flight plans one or more aerodromes so that two safe-landing options are available during normal operation when:

(1) reaching the destination aerodrome; or

(2) reaching the point of no return, to any available FE ERA aerodrome during isolated aerodrome operations; a flight to an isolated aerodrome must not be continued past the point of no return unless a current assessment of weather conditions, traffic and other operational conditions indicates that a safe landing can be made at the destination aerodrome at the estimated time of use. To use an isolated aerodrome as a destination aerodrome, the operator must have prior approval from the CAA.

(e) The operator must provide appropriate safety margins to flight planning to take into account a possible deterioration of the available forecast weather conditions at the estimated time of landing.

(f) For each IFR flight, the operator must ensure that sufficient means are available to navigate to, and land at, the destination aerodrome or at any destination alternate aerodrome in the event of loss of capability for the intended approach and landing operation.

CAT.OP.MPA.185 Fuel scheme – in-flight fuel management policy - aeroplanes

(a) The operator must establish procedures for in-flight fuel or energy management for aeroplanes that ensures:

(1) continual reanalysis and validation of the assumptions made during the planning stage (pre-flight or in-flight replanning, or both) and adjustment if necessary;

(2) that the amount of usable fuel or energy remaining on board is protected and not less than the fuel or energy that is required to proceed to an aerodrome where a safe-landing can be made; and

(3) relevant fuel or energy data for the purposes of points (1) to (2) is recorded.

(b) The aeroplane operator must have procedures in place to require the commander to obtain delay information from a reliable source when unforeseen circumstances may result in landing at the destination aerodrome with less than the final reserve of fuel or energy plus any fuel or energy required to proceed to an alternate aerodrome (should it be required) or to an isolated aerodrome.

(c) The aeroplane commander must advise air traffic control of a ‘minimum fuel or energy state’ by declaring “MINIMUM FUEL” when the commander has committed to land at a specific aerodrome and calculated that any change to the existing clearance to that aerodrome may result in landing with less than the planned final fuel or energy reserve.

(d) The aeroplane commander must declare to air traffic control a situation of ‘fuel or energy emergency’ by broadcasting “MAYDAY, MAYDAY, MAYDAY, FUEL” when the usable fuel or energy that is calculated to be available upon landing at the nearest aerodrome where a safe landing can be made is less than the planned final reserve fuel or energy.

CAT.OP.MPA.190 – Fuel Scheme – helicopters

(a) The operator must establish, implement and maintain a fuel scheme for helicopters that comprises:

(1) a fuel or energy planning and in-flight replanning policy; and

(2) an in-flight fuel or energy management policy.

(b) The fuel scheme must:

(1) be appropriate for the type of operation performed;

(2) correspond to the capability of the operator to support its implementation.

(c) The fuel scheme, and any change to it, must be approved by the CAA prior to implementation.

CAT.OP.MPA.191 – Fuel scheme – Fuel planning and in-flight replanning policy - helicopters

(a) As part of the fuel scheme for helicopters, the operator must establish a fuel or energy planning and in-flight replanning policy to ensure that the aircraft carries sufficient useable fuel or energy to safely complete the planned flight and allow for deviations from the planned operation.

(b) The operator must ensure that the fuel or energy planning of the helicopter flight, as a minimum, includes:

(1) procedures contained in the operations manual as well as:

(i) current aircraft specific data derived from fuel or energy consumption monitoring system, or if that is not available;

(ii) data provided from the helicopter manufacturer.

(2) the operating conditions under which the flight is to be conducted including:

(i) aircraft fuel or energy consumption data;

(ii) anticipated masses;

(iii) anticipated weather conditions;

(iv) the effects of deferred maintenance items or configuration deviations, or both;

(v) procedures and restrictions introduced by air navigation service providers.

(c) The operator must ensure that the pre-flight calculations of the usable fuel or energy that is required for a helicopter flight includes:

(1) taxi fuel or energy that must not be less than the amount expected to be used prior to take-off;

(2) trip fuel or energy that must be the amount required to enable the helicopter to fly from take-off, or from the point of in-flight replanning, to landing at the destination aerodrome;

(3) contingency fuel;

(4) destination alternate fuel or energy, if a destination alternate aerodrome is required;

(5) final reserve fuel or energy that must not be less than:

(i) if flying under VFR and navigating by day with reference to visual landmarks, 20 minutes of fuel or energy at best-range speed;

(ii) if flying under VFR and navigating other than by reference to visual landmarks, or at night, 30 minutes of fuel or energy at best-range speed;

(ii) if flying under IFR, 30 minutes of fuel or energy at holding speed at 1500 ft (450 m) above the aerodrome elevation in standard conditions, calculated according to the helicopter estimated mass on arrival at the destination alternate aerodrome or at the destination aerodrome when no destination alternate aerodrome is required;

(6) extra fuel or energy to take into account anticipated delays or specific operational constraints; and

(7) discretionary fuel or energy if required by the commander.

(d) The operator must ensure that if a helicopter flight has to proceed along a route or to a destination aerodrome other than the one originally planned, in-flight replanning procedures for calculating the required useable fuel or energy include:

(1) trip fuel or energy for the remainder of the flight;

(2) reserve fuel or energy consisting of:

(i) contingency fuel;

(ii) alternate fuel or energy if a destination alternate aerodrome is required;

(iii) final reserve fuel or energy; and

(iv) additional fuel or energy if required by the type of operation;

(3) extra fuel or energy to take into account anticipated delays or specific operational constraints; and

(4) discretionary fuel or energy if required by the commander.

(e) As an alternative to points (b) to (d), for helicopters with a maximum certified take-off mass of 3175kg or less, flying by day and over routes navigated by reference to visual landmarks, or for local helicopter operations, the fuel or energy policy must ensure that on completion of the flight, or series of flights, the final reserve fuel or energy is sufficient for:

(1) 30-minute flying time at best-range speed; or

(2) 20-minute flying time at best-range speed if operating within an area providing continuous and suitable operating sites.

(f) Where a HEMS mission is conducted under VFR within a local and defined geographical area, the fuel planning policy may, as an alternative to points (c) and (d) be in accordance with SPA.HEMS.150.

CAT.OP.MPA.192 – Selection of aerodromes and operating sites – helicopters

(a) For helicopter flights under instrument meteorological conditions (IMC), the operator must select a take-off alternate aerodrome within one-hour flying time at normal cruising speed if it is not possible to return to the site of departure for weather reasons.

(b) At the planning stage, for each helicopter IFR flight, the operator must select and specify in the operational and ATS flight plans one or more aerodromes or operating sites so that two safe landing options are available during normal operation, except as provided under point SPA.HOFO.120(b).

(c) The operator must apply appropriate safety margins to flight planning for helicopters to take into account a possible deterioration of the available forecast weather conditions at the estimated time of landing.

(d) For each helicopter IFR flight, the operator must ensure that sufficient means are available to navigate to, and land at, the destination aerodrome or at any destination alternate aerodrome in the event of a loss of capability for the intended approach and landing operation.

CAT.OP.MPA.195 – Fuel scheme – in-flight management policy – helicopters

(a) The operator must establish procedures to ensure that in-flight fuel or energy checks and fuel or energy management are performed in accordance with the helicopter’s fuel scheme.

(b) The helicopter commander must monitor the amount of useable fuel or energy remaining on board to ensure that it is protected and not less than the fuel or energy that is required to proceed to an aerodrome or operating site where a safe landing can be made.

(c) The helicopter commander must advise air traffic control of a ‘minimum fuel or energy state’ by declaring “MINIMUM FUEL” when the commander has committed to land at a specific aerodrome and calculated that any change to the existing clearance to that aerodrome may result in landing with less than the planned final fuel or energy reserve.

(d) The helicopter commander must declare a situation of ‘fuel or energy emergency’ by broadcasting “MAYDAY, MAYDAY, MAYDAY, FUEL” when the useable fuel or energy estimated to be available upon landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve fuel or energy.

CAT.OP.MPA.200 – Special refuelling or defueling of the aircraft

(a) Special refuelling or defueling may only be conducted if the operator has:

(1) performed a risk assessment;

(2) developed procedures;

(3) established and implemented a training programme for personnel involved in such operations.

(b) The CAA must approve, before implementation, all special refuelling or defueling procedures for aeroplanes and special refuelling procedures with rotors turning for helicopters.

(c) In this point:

(1) “special refuelling” means:

(i) refuelling with an engine running or rotors turning;

(ii) refuelling with passengers embarking, on board or disembarking;

(iii) refuelling with wide-cut fuel;

(2) “special defueling” means:

(ii) defueling with passengers embarking, on board or disembarking;

(iii) defueling with wide-cut fuel.”;

(i) in point CAT.OP.MPA.245 (meteorological conditions – all aircraft), for point (c) substitute—

“(c) On VFR flights the commander must only commence the flight when the appropriate weather reports, or forecasts, or both, indicate that the meteorological conditions along the part of the route to be flown under VFR will, at the appropriate time, be at, or above, the VFR limits.”;

(j) in point CAT.OP.MPA.246 (meteorological conditions – aeroplanes), for point (b) substitute—

“(b) point of no return when using the isolated aerodrome procedure,”;

(k) in point CAT.OP.MPA.247 (meteorological conditions – helicopters), in point (a), after “cloud” omit “ceiling”;

(l) in point CAT.OP.MPA.260 (fuel and oil supply), after “fuel” insert “or energy”;

(m) in point CAT.OP.MPA.265 (take-off conditions), for point (b) substitute—

“(b) the selected aerodrome operating minima are consistent with the following:

(1) the operative ground equipment;

(2) the operative aircraft systems;

(3) the aircraft performance;

(4) flight crew qualifications.”;

(n) omit points CAT.OP.MPA.280 (in-flight fuel management – aeroplanes) and CAT.OP.MPA.281 (in-flight fuel management - helicopters);

(o) for point CAT.OP.MPA.300 (approach and landing conditions) substitute—

“CAT.OP.MPA.300 Approach and landing conditions – aeroplanes and helicopters

Before commencing an approach to land, the commander must be satisfied that:

(a) the weather conditions at the aerodrome or operating site and the condition of the runway or FATO intended to be used will not prevent a safe approach, landing or go-around, taking into consideration the performance information in the operations manual; and

(b) the selected aerodrome operating minima are consistent with:

(1) the operative ground equipment;

(2) the operative aircraft systems;

(3) the aircraft performance;

(4) flight crew qualifications.”;

(p) for CAT.OP.MPA.305 (commencement and continuation of approach) substitute—

“CAT.OP.MPA.305 Commencement and continuation of approach

(a) For aeroplanes, if the reported VIS or controlling RVR for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued:

(1) below 1000 ft above the aerodrome elevation; or

(2) into the FAS where DH or MDH is more than 1000 ft above the aerodrome elevation.

(b) For helicopters, if the reported RVR is less than 550 m and the controlling RVR for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued:

(1) below 1000 ft above the aerodrome elevation; or

(2) into the FAS where the DH or the MDH is more than 1000 ft above the aerodrome elevation.

(c) If the required visual reference is not established, then a missed approach must be executed at, or before, the DA or DH or the MDA or MDH.

(d) If the required visual reference is not maintained after DA or DH or MDA or MDH, then a go-around must be executed promptly.

(e) Notwithstanding point (a), in the case where no RVR is reported, and the reported VIS is less than the applicable minimum, but the converted weather visibility is equal or greater than the applicable minimum, the instrument approach can be continued to the DA or DH or MDA or MDH.”;

(q) in point CAT.OP.MPA.310 (operating procedures – threshold crossing height – aeroplanes), for “precision approaches” substitute “3D instrument approach operations”;

(r) after point CAT.OP.MPA.311 (reporting on runway braking action) insert—

“CAT.OP.MPA.312 EFVS operations

(a) When conducting EFVS operations, an operator must ensure:

(1) the aircraft is certified for the intended operations;

(2) only runways, FATOs and IAPs suitable for EFVS operations are used;

(3) the flight crew members are competent to conduct the intended operation, and a training and checking programme for the flight crew members and relevant personnel involved in the flight preparation is established;

(4) operating procedures are established;

(5) any relevant information is documented in the minimum equipment list;

(6) any relevant information is documented in the maintenance programme;

(7) safety assessments are carried out and performance indicators are established to monitor the level of safety of the operation;

(8) the aerodrome operating minima take into account the capability of the system used.

(b) The operator must not conduct EFVS 200 operations when conducting LVOs.

(c) Notwithstanding point (a)(1), the operator may use EVS meeting the minimum criteria to conduct EFVS 200 operations, provided that this is approved by the CAA.”.

(4) In Subpart C (aircraft performance and operating limitations)—

(a) in point CAT.POL.A.215 (en-route – one-engine-inoperative (OEI)), in point (c)(3), for “CAT.OP.MPA.150” substitute “CAT.OP.MPA.181”;

(b) in point CAT.POL.A.220 (en-route – aeroplanes with three or more engines, two engines inoperative), in point (f), after “fuel” insert “or energy”;

(c) in point CAT.POL.A.230 (landing – dry runways)—

(i) in point (e)—

(aa) for “shall either” substitute “must be capable of”;

(bb) for each occurrence of “land” substitute “landing”;

(cc) in point (1), after “air;” insert “and”;

(ii) in points (f)(1) and (f)(2), for “(d)” substitute “(e)”;

(d) in point CAT.POL.A.235 (landing – wet and contaminated runways)—

(i) in point (e)—

(aa) for “shall either” substitute “must be capable of”;

(bb) for each occurrence of “land” substitute “landing”;

(cc) in point (1), after “air,” insert “and”;

(ii) in points (h)(1) and (h)(2), for “(d)” substitute “(e)”;

(e) in point CAT.POL.A.415 (en-route - OIE), in point (e) for “CAT.OP.MPA.150” substitute “CAT.OP.MPA.181”;

(f) in point CAT.OP.POL.A.420 (en-route - aeroplanes with three or more engines, two engines inoperative), in point (d) after “fuel” insert “or energy”.

(5) In Subpart D (instruments, data, equipment), in point CAT.IDE.A.195 (data link recording), in point (e)—

(a) before “recorder” insert “data link”;

(b) for “(d) and (e)” substitute “(f) and (g)”.