Air OPS regulation (EU) 965/2012 and its amendments related to CAT operations:
- Regulation (EU) No 965/2012 on Air Operations was adopted by the European Commission on 05/10/2012 and published in the Official Journal of the European Union on 25/10/2012. The initial issue covered only commercial air transport operations with aeroplanes and helicopters. It entered into force and became applicable on 28/10/2012.
- Regulation (EU) No 83/2014 on Air Operations was adopted by the European Commission on 29/01/2014 and published in the Official Journal of the European Union on 31/01/2014. It covers flight and duty time limitations and rest requirements for CAT operations with aeroplanes.
The Regulation entered into force on the twentieth day following that of its publication in the Official Journal of the European Union. The Regulation foresees transition measures in the form of an application date two years after its entry into force.
The Regulation does not apply to:
- air taxi, emergency medical service and single pilot CAT operations by aeroplane, which continue to be subject to Article 8(4) of Regulation (EEC) No 39/22/91 and Subpart Q of Annex III to Regulation (EEC) No 39/22/91 and to related national exemptions based on safety risk assessments carried out by the competent authority; and
- CAT operations with helicopters, which shall comply with national requirements.
EASA published the associated Decisions containing the Certifications Specifications (CS), Acceptable Means of Compliance (AMC) and Guidance Material (GM) on the same day on the EASA website:
- ED Decision 2014/002/R on CS-FTL.1 CAT operations by aeroplane – scheduled and charter operations
- ED Decision 2014/003/R on AMC and GM to Part-ORO (Subpart FTL)
EASA has prepared a Q&A document with further detailed information regarding the new European Fatigue Management Regulation.
Find a link to the ICAO FRM webpage which contains the ICAO FM SARPS, relevant events, publications, useful links and documents related to the fatigue risk management.
In accordance with Article 22.2 of Regulation (EC) No 216/2008, once the assessment is finalised, information on an IFTSS is published on the Flexibility Provisions page.
The associated Decisions containing the Acceptable Means of Compliance (AMC) and Guidance Material (GM) are published on the EASA website. More details on the regulations page, including links to the EASA AMC and GM.
I hold an AOC – do I have to do anything now?
Under the new rules, EASA Member States continue to issue certificates and associated approvals, conditions and limitations
- Operating with aeroplanes
There is a provision to recognise an AOC issued in according with EU-OPS as being valid according to the new regulation. Any questions regarding your certificate should be addressed to the NAA that issued it (contact details are available here). Further information is available in the Commission’s Note on Transition.
- Operating with helicopters
A ‘grandfathering’ provision is not available: new AOCs and associated approvals, conditions and limitations will need to be issued prior to the date when the new regulation becomes applicable in your State. Any questions regarding your certificate should be addressed to the NAA that issued it (contact details are available here). Further information is available in the Commission’s Note on Transition.
Opt-out to Regulation (EU) 965/2012 on Air Operations
Regulation (EU) 965/2012 on Air Operations provides the EASA Member States with the flexibility to postpone the applicability of the new Regulation in its various parts. The 'opt-out' can be considered as a form of transition measure applicable to Member States. If Member States decide to delay the date of applicability of the new regulation, they will have to notify the European Commission and the Agency of the ‘opt-out’, describing the reasons for their decision and the programme for implementation.
- Article 10 of the Cover Regulation allows for a general opt-out as follows:
- from Annexes I to V to commercial air operations until 28 October 2014;
- from Annexes II, III and IV to:
- CAT operations starting and ending at the same aerodrome/operating site with Performance class B aeroplanes or non-complex helicopters until 21 April 2017; and
- CAT operations with balloons and sailplanes until 21 April 2017.
- The flexibility provisions are available to parts of or the whole Regulation. Until that date, EU-OPS and national rules implementing JAR-OPS 3 continue to apply.
- Further information on the dates at which the rules will apply for each Member State is available here.
The associated Decisions containing the Acceptable Means of Compliance (AMC) and Guidance Material (GM) are published on the EASA website.
More details on the regulations page, including links to the EASA AMC and GM.