COMMISSION REGULATION (EU) No 965/2012

of 5 October 2012

laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council

Regulation (EU) No 965/2012

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/EC4 OJ L 79, 19.3.2008, p. 1., and in particular Articles 8(5) and 10(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 Annex IV to Regulation (EC) No 216/2008.

(2) Regulation (EC) No 216/2008 requires that Member States, in addition to their oversight of certificates that they have issued, conduct investigations, including ramp inspections, and shall take any measure, including the grounding of aircraft, to prevent the continuation of an infringement.

(3) In accordance with Regulation (EC) No 216/2008 the Commission should adopt the necessary implementing rules for establishing the conditions for the safe operation of aircraft.

(4) In order to ensure a smooth transition and a high level of civil aviation safety in the European Union, implementing measures should reflect the state of the art, including best practices, and scientific and technical progress in the field of air operations. Accordingly, technical requirements and administrative procedures agreed under the auspices of the International Civil Aviation Organisation (hereinafter ‘ICAO’) and the European Joint Aviation Authorities until 30 June 2009, as well as existing legislation pertaining to a specific national environment, should be considered.

(5) It is necessary to provide sufficient time for the aeronautical industry and Member State administrations to adapt to the new regulatory framework and to recognise under certain conditions the validity of certificates issued before this Regulation applies.

(6) As this Regulation constitutes an implementing measure referred to in Articles 8(5) and 10(5) of Regulation (EC) No 216/2008, Annex III to Council Regulation (EEC) No 3922/915 OJ L 373, 31.12.1991, p. 4. and Directive 2004/36/EC of the European Parliament and of the Council6 OJ L 143, 30.4.2004, p. 76. shall be considered repealed in accordance with Article 69(3) and 69(5) of Regulation (EC) No 216/2008. However, Annex III should remain in place temporarily until the transitional periods foreseen in this Regulation have expired and for those areas for which no implementing measures have yet been adopted. Similarly, Directive 2004/36/EC should remain applicable temporarily until the transitional periods foreseen in this Regulation have expired.

(7) The European Aviation Safety Agency prepared draft implementing rules and submitted them as an opinion to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.

(8) 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:

Article 1 - Subject matter and scope

Regulation (EU) 2018/1975

1. This Regulation lays down detailed rules for air operations with aeroplanes and helicopters, including ramp inspections of aircraft of operators under the safety oversight of another State when landed at aerodromes located in the territory subject to the provisions of the Treaties.

2. This Regulation also lays down detailed rules on the conditions for issuing, maintaining, amending, limiting, suspending or revoking the certificates of operators of aircraft referred to in points (b) (i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139, except for balloons and sailplanes, engaged in commercial air transport operation, the privileges and responsibilities of the holders of certificates as well as conditions under which operations shall be prohibited, limited or subject to certain conditions in the interest of safety.

3. This Regulation also lays down detailed rules on the conditions and procedures for the declaration by operators engaged in commercial specialised operations of aeroplanes and helicopters or in non-commercial operation of complex motor-powered aircraft, including non-commercial specialised operations of complex motor-powered aircraft, of their capability and the availability of the means to discharge the responsibilities associated with the operation of aircraft, and for the oversight of such operators.

4. This Regulation also lays down detailed rules on the conditions under which certain high risk commercial specialised operations shall be subject to authorisation in the interest of safety, and on the conditions for issuing, maintaining, amending, limiting, suspending or revoking the authorisations.

5. This Regulation shall not apply to air operations within the scope of Article 1(2)(a) of Regulation (EC) No 216/2008.

6. This Regulation shall not apply to air operations with airships.

7. This Regulation shall not apply to air operations with balloons and sailplanes. However, in respect of such air operations with balloons, other than tethered gas balloons, and sailplanes, the requirements in respect of oversight of Article 3 shall apply.

Article 2 - Definitions

Regulation (EU) 2019/1384

For the purposes of this Regulation:

(1) ‘aeroplane’ means an engine-driven fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings;

(1a) ‘helicopter’ means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes;

(1b) 'balloon' means a manned lighter-than-air aircraft which is not power-driven and sustains flight through the use of either a lighter-than-air gas or an airborne heater, including gas balloons, hot-air balloons, mixed balloons and, although power-driven, hot-air airships;

(1c) ‘sailplane’ means a heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine;

(1d) ’commercial operation’ means any operation of an aircraft, in return for remuneration or other valuable consideration, which is available for the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator;

(1e) ‘tethered gas balloon’ means a gas balloon with a tether system that continuously anchors the balloon to a fixed point during operation;

(2) ‘performance class B aeroplanes’ means aeroplanes powered by propeller engines with a maximum operational passenger seating configuration of nine or less and a maximum take-off mass of 5 700 kg or less;

(3) ‘public interest site (PIS)’ means a site used exclusively for operations in the public interest;

(4) ‘operation in performance class 1’ means an operation that, in the event of failure of the critical engine, the helicopter is able to land within the rejected take-off distance available or safely continue the flight to an appropriate landing area, depending on when the failure occurs;

(5) ‘performance-based navigation (PBN)’ means area navigation based on performance requirements for aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace;

(6) ’air taxi operation' means, for the purpose of flight time and duty time limitations, a non-scheduled on demand commercial air transport operation with an aeroplane with a maximum operational passenger seating configuration ('MOPSC') of 19 or less;

(7) ‘specialised operation’ means any operation, other than commercial air transport operation, where the aircraft is used for specialised activities such as agriculture, construction, photography, surveying, observation and patrol, aerial advertisement, maintenance check flights;

(8) ‘high risk commercial specialised operation’ means any commercial specialised aircraft operation carried out over an area where the safety of third parties on the ground is likely to be endangered in the event of an emergency, or, as determined by the competent authority of the place where the operation is conducted, any commercial specialised aircraft operation that, due to its specific nature and the local environment in which it is conducted, poses a high risk, in particular to third parties on the ground;

(9) ‘introductory flight’ means any operation against remuneration or other valuable consideration consisting of an air tour of short duration for the purpose of attracting new trainees or new members, performed either by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/20117 Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1). or by an organisation created with the aim of promoting aerial sport or leisure aviation;

(10) ‘competition flight’ means any flying activity where the aircraft is used in air races or contests, as well as where the aircraft is used to practice for air races or contests and to fly to and from racing or contest events;

(11) ‘flying display’ means any flying activity deliberately performed for the purpose of providing an exhibition or entertainment at an advertised event open to the public, including where the aircraft is used to practice for a flying display and to fly to and from the advertised event.

Additional definitions are laid down in Annex I for the purposes of Annexes II to VIII.

GM1 Article 2(1)(d) Definitions

ED Decision 2019/019/R

NON-COMMERCIAL OPERATIONS — EXAMPLES

The following examples of operations are not covered by the definition of commercial operations or by that of specialised operations. They are identified as non-commercial operations. Some of these flights are listed by an AOC holder in its operations manual Part-A, ch. 8.7 as non-commercial operations (as specified in AMC3 ORO.MLR.100) and covered by the provisions of ORO.AOC.125.

Some of these operations are performed on an irregular basis. The operator and its crew members may consider them as non-routine operations, situated outside their operational routine. This constitutes a risk that the operator should include in its risk assessment process.

The operations listed below are performed with aircraft having a certificate of airworthiness or a permit to fly and being already listed on an AOC or on a declaration. They are grouped by the purpose of the flight.

Demonstration flights

(a) A flight performed with the purpose of demonstrating:

(1) an aircraft’s handling, performance and functionalities to buyers or lessees;

(2) an aircraft’s flying characteristics or the operational procedures to the competent authority, for verification of compliance with the operational requirements, as per ARO.GEN.310(a).

Other terms used: (route) proving flight; operational evaluation flight.

(b) Flight at the end of lease or upon transfer of ownership: a flight performed at the request of the operator to verify compliance of the aircraft with the contractual specifications of the lessee/lessor or buyer.

Other term used: acceptance flight.

(c) ‘Public relations (PR) flight’: a flight carrying official or media representatives as non-paying passengers. Sometimes personnel of the operator are included. The PR flight is performed in the interest of the operator’s own business.

Testing the results of maintenance work is outside the scope of demonstration flights. Such flights are not expected to execute flight manoeuvres where the aircraft might react with an unexpected behaviour. This is covered by a maintenance check flight (listed below).

Maintenance check flights

(d) Maintenance check flight (MCF)

The definition of an MCF is provided in Annex I to Regulation (EU) No 965/2012. The provisions on MCF are developed in Annex VII (Part-NCO), Subpart E Section 6 and Annex VIII (Part-SPO), Subpart E Section 5.

Ferry flights – flights changing the location of the aircraft

A ferry flight could be performed for the following purposes:

(e) The aircraft is moved to and from a maintenance base. The aircraft may be operated under the permit-to-fly conditions.

Examples:

(1) unpressurised flight,

(2) gear-down flight,

(3) flight with one engine inoperative.

(f) The aircraft is moved from one location to another, e.g. from the manufacturer, refurbishment location, previous owner, lessor/lessee, long-term storage to the operator’s base.

Other term used: delivery flight.

(g) The aircraft and its aircrew are positioned to an aerodrome from which a further commercial air transport (CAT) operation will be performed.

Other term used: positioning flight.

(h) The aircraft is moved from its current location to a secure location for various reasons (e.g. to remove it from a hazardous area).

Other term used: recovery flight.

Training flights

(i) A flight for instructional purposes for the operator’s own flight crew.

Operator training and checking flight: a flight performed by the operator with the purpose of training, checking and/or familiarising a flight crew member with the operator’s procedures linked to the aircraft being operated. A training flight is conducted using the procedures detailed in the operator’s documentation.

Line flying under supervision (LIFUS), line checks and similar flights are not included in this category, as they are usually performed during commercial operations (CAT flights).

Other non-commercial flights

(j) ‘Corporate flight’: a flight conducted for business purposes: the operator may carry its own personnel and/or property in the interest of business.

Other terms used: business flight, private flight.

(k) ‘Leisure flight’: a flight operated by an operator for personal or recreational purposes, not associated with a business or a profession.

Other term used: private flight.

(l) Managed flight: a flight operated by an operator for the business purposes of the aircraft owner, with no remuneration or other valuable consideration involved.

Charity flights, humanitarian flights

(m) ‘Charity flight’: a flight performed for the benefit of a registered charity organisation, carrying persons and/or goods. For such a flight, the proceeds of the raffled flight go to the charity. Any additional proceeds are limited to the recovery of direct costs of the flight.

(n) ‘Humanitarian flight’: a flight with the purpose of carrying relief personnel and/or life-saving supplies (basic necessities) during or after an emergency or a natural disaster, or to evacuate persons from an endangered area.

Article 3 - Oversight capabilities

Regulation (EU) 2018/394

1. Member States shall designate one or more entities as the competent authority within that Member State with the necessary powers and allocated responsibilities for the certification and oversight of persons and organisations subject to Regulation (EC) No 216/2008 and its implementing rules.

The administration and management systems of the competent authorities of the Member States and of the Agency shall comply with the requirements specified in Annex II.

2. If a Member State designates more than one entity as competent authority:

(a) the areas of competence of each competent authority shall be clearly defined in terms of responsibilities and geographic limitation; and

(b) coordination shall be established between those entities to ensure effective oversight of all organisations and persons subject to Regulation (EC) No 216/2008 and its implementing rules within their respective remits.

3. Member States shall ensure that the competent authority(ies) has(ve) the necessary capability to ensure the oversight of all persons and organisations covered by their oversight programme, including sufficient resources to fulfil the requirements of this Regulation.

4. Member States shall ensure that competent authority personnel do not perform oversight activities when there is evidence that this could result directly or indirectly in a conflict of interest, in particular when relating to family or financial interest.

5. Personnel authorised by the competent authority to carry out certification and/or oversight tasks shall be empowered to perform at least the following tasks:

(a) examine the records, data, procedures and any other material relevant to the execution of the certification and/or oversight task;

(b) take copies of or extracts from such records, data, procedures and other material;

(c) ask for an oral explanation on site;

(d) enter relevant premises, operating sites or means of transport;

(e) perform audits, investigations, assessments, inspections, including ramp inspections and unannounced inspections;

(f) take or initiate enforcement measures as appropriate.

6. The tasks under paragraph 5 shall be carried out in compliance with the legal provisions of the relevant Member State.

INSPECTIONS BY PERSONNEL AUTHORISED BY THE COMPETENT AUTHORITY

Inspections performed by personnel authorised by the competent authority to perform oversight or certification tasks means announced or unannounced inspections, including in-flight inspections, to oversee any operations in accordance with this Regulation.

Article 4 - Ramp inspections

Regulation (EU) 2018/1042

1. Ramp inspections of aircraft of operators under the safety oversight of another Member State or of a third country shall be carried out in accordance with Subpart RAMP of Annex II.

2. Member States shall ensure that alcohol testing of flight crew and cabin crew members is carried out with regard to operators under their own oversight as well as with regard to operators under the oversight of another Member State or of a third country. Such testing shall be performed by ramp inspectors within the framework of the ramp inspection programme of Subpart RAMP of Annex II.

3. By way of derogation from paragraph 2, Member States may ensure alcohol testing of flight crew and cabin crew members to be carried out by other authorised officials and outside the framework of the ramp inspection programme of Subpart RAMP of Annex II, provided that such alcohol testing meets the same objectives and adheres to the same principles as tests carried out under the framework of Subpart RAMP of Annex II. Results of such alcohol tests shall be included in the centralised database in accordance with point (b) of ARO.RAMP.145.

4. Member States may carry out additional testing for psychoactive substances other than alcohol. In that case, the Member State shall notify the European Aviation Safety Agency (‘the Agency’) and the Commission.

GM1 Article 4(3)  Ramp inspections

ED Decision 2018/012/R

GENERAL — ALCOHOL TESTING

If alcohol testing of flight crew and cabin crew is carried out by other authorised officials, e.g. by the police, and outside the framework of the ramp inspection programme of Subpart RAMP of Annex II, those other authorised officials do not need to comply with the requirements for qualification of inspectors of Subpart RAMP of Annex II. Member States should ensure that these officials are qualified for carrying out alcohol tests.

Article 5 - Air operations

Regulation (EU) 2018/1975

1. Operators shall only operate an aeroplane or a helicopter for the purpose of commercial air transport (hereinafter “CAT”) operations as specified in Annexes III and IV.

1a. Operators engaged in CAT operations starting and ending at the same aerodrome/operating site with Performance class B aeroplanes or non-complex helicopters shall comply with the relevant provisions of Annexes III and IV.

2. Operators shall comply with the relevant provisions of Annex V when operating:

(a) aeroplanes and helicopters used for:

(i) operations using performance-based navigation (PBN);

(ii) operations in accordance with minimum navigation performance specifications (MNPS);

(iii) operations in airspace with reduced vertical separation minima (RVSM);

(iv) low visibility operations (LVO);

[applicable until 29 October 2022 — Regulation (EU) 2021/2237]

(iv) low-visibility operations (LVOs) or operations with operational credits;

[applicable from 30 October 2022 — Regulation (EU) 2021/2237]

(b) aeroplanes and helicopters used for the transport of dangerous goods (DG);

(c) two-engined aeroplanes used for extended range operations (ETOPS) in commercial air transport;

(d) helicopters used for commercial air transport operations with the aid of night vision imaging systems (NVIS);

(e) helicopters used for commercial air transport hoist operations (HHO);

(f) helicopters used for commercial air transport emergency medical service operations (HEMS);

(g) helicopters used for offshore operations (HOFO).

3. Operators of complex motor-powered aeroplanes and helicopters involved in non-commercial operations shall declare their capability and means to discharge their responsibilities associated with the operation of aircraft and operate the aircraft in accordance with the provisions specified in Annex III and Annex VI. Such operators when engaged in non-commercial specialised operations shall operate the aircraft in accordance with the provisions specified in Annex III and VIII instead.

4. Operators of other-than-complex motor-powered aeroplanes and helicopters involved in non-commercial operations, including non-commercial specialised operations, shall operate the aircraft in accordance with the provisions set out in Annex VII.

5. Training organisations referred to in Article 10a of Regulation (EU) No 1178/2011 and having their principal place of business in a Member State shall, when conducting flight training into, within or out of the Union, operate:

(a) complex motor-powered aeroplanes and helicopters in accordance with the provisions specified in Annex VI;

(b) other aeroplanes and helicopters in accordance with the provisions specified in Annex VII.

6. Operators shall only operate an aeroplane or a helicopter for the purpose of commercial specialised operations in accordance with the requirements specified in Annexes III and VIII.

7. Flights taking place immediately before, during or immediately after specialised operations and directly connected to those operations shall be operated in accordance with paragraphs 3, 4 and 6, as applicable. Except for crew members, persons other than those indispensable to the mission shall not be carried on board.

Article 6 - Derogations

Regulation (EU) 2019/1384

2. By way of derogation from Article 5(1), aircraft referred to in Article 4(5) of Regulation (EC) No 216/2008 shall, in the case of aeroplanes, be operated under the conditions set out in Commission Decision C(2009) 7633 of 14 October 2009 when used in CAT operations. Any change to the operation that affects the conditions set out in that Decision shall be notified to the Commission and the European Aviation Safety Agency (hereinafter ‘the Agency’) before the change is implemented.

A Member State, other than an addressee of Decision C(2009)7633, which intends to use the derogation provided for in that Decision shall notify its intention to the Commission and the Agency before the derogation is implemented. The Commission and the Agency shall assess to what extent the change or the intended use deviates from the conditions of Decision C(2009)7633 or impacts on the initial safety assessment performed in the context of that Decision. If the assessment shows that the change or the intended use does not correspond to the initial safety assessment done for Decision C(2009)7633, the Member State concerned shall submit a new derogation request in accordance with Article 14(6) of Regulation (EC) No 216/2008.

3. By way of derogation from Article 5 of this Regulation and without prejudice to point (b) of Article 18(2) of Regulation (EU) 2018/1139 and to Subpart P of Annex I to Commission Regulation (EU) No 748/20128 Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1). concerning the permit to fly, the following flights shall continue to be operated under the requirements specified in the national law of the Member State in which the operator has its principal place of business, or, where the operator has no principal place of business, the place where the operator is established or resides:

(a) flights related to the introduction or modification of aeroplane or helicopter types conducted by design or production organisations within the scope of their privileges;

(b) flights carrying no passengers or cargo, where the aeroplane or helicopter is ferried for refurbishment, repair, inspections, delivery, export or similar purposes, provided that the aircraft is not listed on an air operator certificate or on a declaration.

4. Notwithstanding Article 5, Member States may, until 30 June 2018, continue to require a specific approval and additional requirements regarding operational procedures, equipment, crew qualification and training for CAT helicopter offshore operations in accordance with their national law. Member States shall notify the Commission and the Agency of the additional requirements being applied to such specific approvals. Those requirements shall not be less restrictive than those of Annexes III and IV.

4a. By way of derogation from Article 5(1) and (6), the following operations with other-than-complex motor-powered aeroplanes and helicopters, may be conducted in accordance with Annex VII:

(a) cost-shared flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six;

(b) competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority;

(c) introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and 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.

5. Until 2 September 2017, exemptions granted before 22 March 2017 in accordance with Article 8(2) of Regulation (EEC) No 3922/91, as provided for in Article 6(5) of Regulation (EU) No 965/2012 as applicable before 22 March 2017, shall be considered to constitute approvals referred to in point (a) of CAT.POL.A.300 of Annex IV (Part-CAT). After 2 September 2017, those exemptions shall no longer be valid for the operation of single-engined aeroplanes.

If any change to the operation of those aeroplanes that affects the conditions set out in those exemptions is envisaged between 22 March 2017 and 2 September 2017, that envisaged change shall be notified to the Commission and the Agency before it is implemented. The Commission and the Agency shall assess the envisaged change in accordance with Article 14(5) of Regulation (EC) No 216/2008.

6. Existing helicopter operations to/from a public interest site (PIS) may be conducted in derogation to CAT.POL.H.225 of Annex IV whenever the size of the PIS, the obstacle environment or the helicopter does not permit compliance with the requirements for operation in performance class 1. Such operations shall be conducted under conditions determined by Member States. Member States shall notify the Commission and the Agency of the conditions being applied.

7. [deleted with Reg. EU 2016/1199]

8. By way of derogation from the first sentence of Article 5(3), operators of complex motor-powered aeroplanes with a maximum certificated take-off mass (MCTOM) at or below 5 700 kg, equipped with turboprop engines, involved in non-commercial operations, shall operate those aircraft only in accordance with Annex VII.

9. By way of derogation from Article 5(5)(a), training organisations shall, when conducting flight training on complex motor-powered aeroplanes with a maximum certificated take-off mass (MCTOM) at or below 5 700 kg, equipped with turboprop engines, operate those aircraft in accordance with Annex VII.

OTHER-THAN-COMPLEX MOTOR-POWERED AIRCRAFT

The term ‘other-than-complex motor-powered aircraft’ is used synonymously with the terms ‘other-than complex motor-powered aircraft’ and ‘other than complex motor-powered aircraft’. Whenever one of these terms is used, it includes also non-motor-powered aircraft such as sailplanes.

DIRECT COST

‘Direct cost’ means the cost directly incurred in relation to a flight, e.g. fuel, airfield charges, rental fee for an aircraft. There is no element of profit.

ANNUAL COST

‘Annual cost’ means the cost of keeping, maintaining and operating the aircraft over a period of one calendar year. There is no element of profit.

GM1 Article 6.4a(c)  Derogations

ED Decision 2014/019/R

ORGANISATION CREATED WITH THE AIM OF PROMOTING AERIAL SPORT OR LEISURE AVIATION

An ‘organisation created with the aim of promoting aerial sport or leisure aviation’ means a non-profit organisation, established under applicable national law for the sole purpose of gathering persons sharing the same interest in general aviation to fly for pleasure or to conduct parachute jumping. The organisation should have aircraft available.

MARGINAL ACTIVITY

The term ‘marginal activity’ should be understood as representing a very minor part of the overall activity of an organisation, mainly for the purpose of promoting itself or attracting new students or members. An organisation intending to offer such flights as regular business activity is not considered to meet the condition of marginal activity. Also, flights organised with the sole intent to generate income for the organisation, are not considered to be a marginal activity.

Article 7 - Air operator certificates

Regulation (EU) No 965/2012

1. Air operator certificates (AOCs) issued by a Member State to CAT operators of aeroplanes before this Regulation applies in accordance with Regulation (EEC) No 3922/91 shall be deemed to have been issued in accordance with this Regulation.

However, no later than 28 October 2014:

(a) operators shall adapt their management system, training programmes, procedures and manuals to be compliant with Annexes III, IV and V, as relevant;

(b) the AOC shall be replaced by certificates issued in accordance with Annex II to this Regulation.

2. AOCs issued by a Member State to CAT operators of helicopters before this Regulation applies shall be converted into AOCs compliant with this Regulation in accordance with a conversion report established by the Member State that issued the AOC, in consultation with the Agency.

The conversion report shall describe:

(a) the national requirements on the basis of which the AOCs were issued;

(b) the scope of privileges that were given to the operators;

(c) the differences between the national requirements on the basis of which the AOCs were issued and the requirements of Annexes III, IV and V, together with an indication of how and when the operators will be required to ensure full compliance with those Annexes.

The conversion report shall include copies of all documents necessary to demonstrate the elements set out in points (a) to (c), including copies of the relevant national requirements and procedures.

Article 8 - Flight time limitations

Regulation (EU) 2018/394

1. CAT operations shall be subject to the requirements of Subpart FTL of Annex III.

2. By way of derogation from paragraph 1, air taxi, emergency medical service and single pilot CAT operations by aeroplanes shall be subject to the requirements specified in the national law referred to in Article 8(4) of Regulation (EEC) No 3922/91 and in Subpart Q of Annex III to that Regulation.

3. By way of derogation from paragraph 1, CAT operations with helicopters and CAT operations with sailplanes shall comply with the requirements specified in the national law of the Member State in which the operator has its principal place of business.

4. Non-commercial operations, including non-commercial specialised operations, with complex motor-powered aeroplanes and helicopters, as well as commercial specialised operations with aeroplanes, helicopters and sailplanes shall comply as regards flight time limitations, with the requirements specified in the national law of the Member State in which the operator has its principal place of business, or, where the operator has no principal place of business, the place where the operator is established or resides.

Article 9 - Minimum equipment lists

Regulation (EU) No 71/2014

Minimum equipment lists (‘MEL’) approved by the State of Operator or Registry before the application of this Regulation, are deemed to be approved in accordance with this Regulation and may continue to be used by the operator.

After the entry into force of this Regulation any change to the MEL referred to in the first subparagraph for which a Master Minimum Equipment List (‘MMEL’) is established as part of the operational suitability data in accordance with Commission Regulation (EU) No 748/20129 OJ L 224, 21.8.2012, p. 1. shall be made in compliance with point ORO.MLR.105 of Section 2 of Annex III to this Regulation at the earliest opportunity and not later than 18 December 2017 or two years after the operational suitability data was approved, whichever is the latest.

Any change to an MEL referred to in the first subparagraph, for which an MMEL has not been established as part of the operational suitability data, shall continue to be made in accordance with the MMEL accepted by the State of Operator or Registry as applicable.

Article 9a - Flight and cabin crew training

Regulation (EU) No 71/2014

Operators shall ensure that flight crew and cabin crew members who are already in operation and have completed training in accordance with Subparts FC and CC of Annex III which did not include the mandatory elements established in the relevant operational suitability data, undertake training covering those mandatory elements not later than 18 December 2017 or two years after the approval of the operational suitability data, whichever is the latest.

Article 9aa - Flight crew requirements for maintenance check flights

Regulation (EU) 2019/1387

A pilot having acted, before 25 September 2019, as a pilot-in-command on a maintenance check flight that in accordance with the definition in point SPO.SPEC.MCF.100 in Annex VIII is categorised as a Level A maintenance check flight, shall be given credit for the purpose of complying with point SPO.SPEC.MCF.115(a)(1) of that Annex. In that case, the operator shall ensure that the pilot-in-command receives a briefing on any differences identified between the operating practices established before 25 September 2019 and the obligations provided in Section 5 of Subpart E of Annex VIII to this Regulation including those derived from the related procedures established by the operator.

Article 9b - Review

Regulation (EU) 2018/1042

1. The Agency shall conduct a continuous review of the effectiveness of the provisions concerning flight and duty time limitations and rest requirements contained in Annexes II and III. No later than 18 February 2019 the Agency shall produce a first report on the results of this review.

That review shall involve scientific expertise and shall be based on operational data gathered, with the assistance of Member States, on a long-term basis after the date of application of this Regulation.

The review shall assess the impact of at least the following on the alertness of aircrew:

(a) duties of more than 13 hours at the most favourable times of the day;

(b) duties of more than 10 hours at less favourable times of the day;

(c) duties of more than 11 hours for crew members in an unknown state of acclimatisation;

(d) duties including a high level of sectors (more than 6);

(e) on-call duties such as standby or reserve followed by flight duties; and

(f) disruptive schedules.

2. The Agency shall conduct a continuous review of the effectiveness of the provisions concerning support programmes, the psychological assessment of flight crew and the systematic and random testing of psychoactive substances to ensure the medical fitness of flight crew and cabin crew members set out in Annexes II and IV. No later than 14 August 2022, the Agency shall produce a first report on the results of this review.

That review shall involve relevant expertise and shall be based on data gathered, with the assistance of Member States and the Agency, on a long-term basis.

[applicable until 29 October 2022]

2. The Agency shall conduct a continuous review of the effectiveness of the provisions concerning support programmes, the psychological assessment of flight crew and the systematic and random testing of psychoactive substances to ensure the medical fitness of flight crew and cabin crew members set out in Annexes II and IV. No later than 14 August 2023, the Agency shall produce a first report on the results of this review.

That review shall involve relevant expertise and shall be based on data gathered, with the assistance of Member States and the Agency, on a long-term basis.

[applicable from 30 October 2022— Implementing Regulation (EU) 2021/1296]

Article 10 - Entry into force10 This version of Article 10 is a compilation of the provisions related to the entry into force and application of all previous amendments to Regulation (EU) No 965/2012 to date. For the official version of each amending regulation, please consult the Official Journal.

Regulation (EU) 2021/2237

1. This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 28 October 2012.

Amending Regulation (EU) No 800/2013 shall apply from 25 August 201311 Please consult Regulation (EU) No 800/2013 for the official version..

Amending Regulation (EU) No 71/2014 shall enter into force on 17 February 201412 Please consult Regulation (EU) No 71/2014 for the official version.. It shall apply not later than 18 December 2017 or two years after the approval of the operational suitability data, whichever is the latest.

Amending Regulation (EU) No 83/2014 shall apply from 18 February 2016, except for the provisions of ORO.FTL.205(e), which shall apply only from 17 February 2017 by way of derogation13 Please consult Regulation (EU) No 83/2014 for the official version..

Amending Regulation (EU) No 379/2014 shall apply from 1 July 201414 Please consult Regulation (EU) No 379/2014 for the official version..

Amending Regulation (EU) 2015/140 shall apply from 18 February 2015, except for the provisions of Article 9b ‘Review’, which shall apply from 18 February 201615 Please consult Regulation (EU) 2015/140 for the official version..

Amending Regulation (EU) 2015/640 shall apply from 14 May 201516 Please consult Regulation (EU) 2015/640 for the official version..

Amending Regulation (EU) 2015/1329 shall apply from 1 October 2015, except for the provisions of ORO.AOC.110(d), which shall apply only from 25 August 2017 by way of derogation17 Please consult Regulation (EU) 2015/1329 for the official version..

Amending Regulation (EU) 2015/2338 shall apply from 5 January 201618 Please consult Regulation (EU) 2015/2338 for the official version..

Amending Regulation (EU) 2016/1199 shall apply from 25 August 201619 Please consult Regulation (EU) 2016/1199 for the official version., except for the provisions related to the helicopter offshore operations, which shall apply from 1 July 2018, and the provisions related to the certification and oversight of data services providers, which shall apply from 1 January 2019.

Amending Regulation (EU) 2017/363 shall apply from 22 March 201720 Please consult Regulation (EU) 2017/363 for the official version..

Amending Regulation (EU) 2018/394 shall apply from 8 April 201921 Please consult Regulation (EU) 2018/394 for the official version..

Amending Regulation (EU) 2018/1042 shall apply from 14 August 2020, except for the provisions related to CAT.IDE.A.150 and SPO.IDE.A.130, which shall apply from 14 August 201822 Please consult Regulation (EU) 2018/1042 for the official version..

Amending Regulation (EU) 2018/1975 shall apply from 9 July 201923 Please consult Regulation (EU) 2018/1975 for the official version..

Amending Regulation (EU) 2019/1384 shall enter into force on 24 September 201924 Please consult Regulation (EU) 2019/1384 for the official version..

Amending Regulation (EU) 2019/1387 shall enter into force on 25 September 201925 Please consult Regulation (EU) 2019/1387 for the official version..

The following points of the Annex to Regulation (EU) 2019/1387 shall apply from 25 September 2019:

— point (4)(a);

— point (6)(b);

— point (8)(b).

The following points of point (4) of the Annex to Regulation (EU) 2019/1387 shall apply from 5 November 2020:

— point (c);

— point (d);

— point (e);

— point (f);

— point (g);

— point (n);

— point (q).

Regulation (EU) 2020/745, amending the dates of application of Regulation (EU) 2018/1042, shall enter into force on 5 June 202026 Please consult Regulation (EU) 2020/745 for the official version..

Regulation (EU) 2020/1176, amending the dates of application of Regulation (EU) 2019/1387, shall enter into force on 11 August 202027 Please consult Regulation (EU) 2020/1176 for the official version..

Regulation (EU) 2020/2036 shall enter into force on 1 January 202128 Please consult Regulation (EU) 2020/2036 for the official version..

Regulation (EU) 2021/1296 shall enter into force on 25 August 202129 Please consult Regulation (EU) 2021/1296 for the official version..

Regulation (EU) 2021/2237 shall enter into force on 5 January 202230 Please consult Regulation (EU) 2021/2237 for the official version..

Regulation (EU) No 965/2012

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 October 2012.

For the Commission

The President

José Manuel BARROSO