ORO.GEN.105 Competent authority

Regulation (EU) No 379/2014

For the purpose of this Annex, the competent authority exercising oversight over operators subject to a certification or declaration obligation or specialised operation authorisation shall be for operators having their principal place of business in a Member State, the authority designated by that Member State.

ORO.GEN.110 Operator responsibilities

Regulation (EU) 2019/1384

(a) The operator is responsible for the operation of the aircraft in accordance with Annex IV to Regulation (EC) No 216/2008, as applicable, the relevant requirements of this Annex and its air operator certificate (AOC) or specialised operation authorisation (SPO authorisation) or declaration.

(b) Every flight shall be conducted in accordance with the provisions of the operations manual.

(c) The operator shall establish and maintain a system for exercising operational control over any flight operated under the terms of its certificate, SPO authorisation or declaration. 

(d) The operator shall ensure that its aircraft are equipped and its crews are qualified as required for the area and type of operation.

(e) The operator shall ensure that all personnel assigned to, or directly involved in, ground and flight operations are properly instructed, have demonstrated their abilities in their particular duties and are aware of their responsibilities and the relationship of such duties to the operation as a whole.

(f) The operator shall establish procedures and instructions for the safe operation of each aircraft type, containing ground staff and crew member duties and responsibilities, for all types of operation on the ground and in flight. Those procedures and instructions shall not require crew members to perform any activities during critical phases of flight other than those required for the safe operation of the aircraft. Procedures and instructions for a sterile flight crew compartment shall also be included.

(g) The operator shall ensure that all personnel are made aware that they shall comply with the laws, regulations and procedures of those States in which operations are conducted and that are pertinent to the performance of their duties.

(h) The operator shall establish a checklist for each aircraft type to be used by crew members in all phases of flight under normal, abnormal and emergency conditions in order to ensure that the operating procedures in the operations manual are followed. The design and the usage of checklists shall observe human factors principles and take into account the latest relevant documentation from the design approval holder.

(i) The operator shall specify flight planning procedures to provide for the safe conduct of the flight based on considerations of aircraft performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes or operating sites concerned. These procedures shall be included in the operations manual.

(j) The operator shall establish and maintain dangerous goods training programmes for personnel as required by the technical instructions. Such training programmes shall be commensurate with the responsibilities of personnel. Training programmes of operators performing CAT, whether they transport dangerous goods or not, and of operators conducting operations other than CAT referred to in points (b), (c) and (d) of point ORO.GEN.005 that transport dangerous goods shall be subject to review and approval by the competent authority.

(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 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;

(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.

SECURITY TRAINING PROGRAMME FOR CREW MEMBERS — CAT OPERATIONS

Without prejudice to Regulation (EC) No 300/2008, the CAT operator should establish and maintain a security training programme for crew members, including theoretical and practical elements. This training should be provided at the time of operator conversion training and thereafter at intervals not exceeding three years. The content and duration of the training should be adapted to the security threats of the individual operator and should ensure that crew members act in the most appropriate manner to minimise the consequences of acts of unlawful interference. This programme should include the following elements:

(a) determination of the seriousness of the occurrence;

(b) crew communication and coordination;

(c) appropriate self-defence responses;

(d) use of non-lethal protective devices assigned to crew members whose use is authorised by the Member State;

(e) understanding of behaviour of terrorists so as to facilitate the ability of crew members to cope with hijacker behaviour and passenger responses;

(f) in case where cabin crew are required, live situational training exercises regarding various threat conditions;

(g) flight crew compartment procedures to protect the aircraft;

(h) aircraft search procedures, in accordance with Regulation (EC) No 300/2008, including identification of prohibited articles; and

(i) guidance on the least risk bomb locations.

SECURITY TRAINING PROGRAMME FOR GROUND PERSONNEL — CAT OPERATIONS

In accordance with Regulation (EC) No 300/2008, the CAT operator should establish and maintain a security training programme for ground personnel to acquaint appropriate employees with preventive measures and techniques in relation to passengers, baggage, cargo, mail, equipment, stores and supplies intended for carriage so that they contribute to the prevention of acts of sabotage or other forms of unlawful interference.

SECURITY TRAINING PROGRAMME FOR CREW MEMBERS

ICAO Security Manual Doc 9811 (restricted access) contains guidance on the development of training programmes.

OPERATIONAL CONTROL

The organisation and methods established to exercise operational control should be included in the operations manual and should cover at least a description of responsibilities concerning the initiation, continuation and termination or diversion of each flight.

OPERATIONAL CONTROL

(a) ORO.GEN.110(c) does not imply a requirement for licensed flight dispatchers.

(b) If the operator employs flight operations officers in conjunction with a method of operational control, training for these personnel should be based on relevant parts of ICAO Doc 7192 Training Manual, Part D-3. This training should be described in the operations manual.

[applicable until 29 October 2022 — ED Decision 2022/005/R]

OPERATIONAL CONTROL

(a) Point ORO.GEN.110(c) does not imply a requirement for licensed flight operations officers/flight dispatchers.

(b) If the operator uses flight operations officers (FOOs)/flight dispatchers (FDs) in conjunction with a method of operational control, training for that personnel should be based on the relevant parts of ICAO Annex 1 and ICAO Documents 10106 and 9868. This training should be described in the OM.

[applicable from 30 October 2022 — ED Decision 2022/005/R]

PERSONNEL RESPONSIBILITIES — OPERATIONAL CONTROL PERSONNEL THAT PERFORM TASKS RELATED TO FLIGHT MONITORING AND FLIGHT WATCH — TRAINING PROGRAMME

(a) When a CAT operator uses flight monitoring or flight watch as functions of a system for exercising operational control, FOOs/FDs should perform those functions.

(b) The CAT operator should develop a training programme, based on the relevant parts of ICAO Annex 1, ICAO Documents 10106 and 9868, for FOOs/FDs that perform those functions.

(c) The training programme specified above should be detailed in the OM of the CAT operator and should be delivered by an instructor for operational control personnel.

INITIAL TRAINING

(d) The initial training should include, where relevant to the intended operation, the following elements that should be tailored to the specific duties assigned to each person:

(1) air law:

rules and regulations relevant to the task assignment, appropriate ATS practices and procedures;

(2) aircraft general knowledge:

(i) principles of operation of aeroplane engines/systems/instruments;

(ii) operating limitations of aeroplanes and engines; and

(iii) MEL and configuration deviation list (CDL);

(3) flight performance calculation, planning procedures, and loading:

(i) effects of loading and mass distribution on aircraft performance and flight characteristics; mass and balance calculations;

(ii) operational flight planning; fuel consumption and endurance calculations; alternate aerodrome selection procedures; en-route cruising control; extended range operation;

(iii) preparation and filing of ATS flight plans; and

(iv) basic principles of computer-assisted planning systems;

(4) human performance:

 human performance related to operational control duties, including principles of threat and error management (TEM); guidance material on how to design training programmes on human performance, including on TEM, is provided in ICAO Doc 9683 Human Factors Training Manual;

(5) meteorology:

(A) aeronautical meteorology; movement of pressure systems; structure of fronts; origin and characteristics of significant weather phenomena that affect take-off, en-route, and landing conditions;

(B) interpretation and application of aeronautical meteorological reports, charts, and forecasts; codes and abbreviations; use of, and procedures for, obtaining meteorological information;

(C) effects of meteorological conditions on aircraft operation and on radio reception in the aircraft that is used by the operator; and

(D) all-weather operations;

(6) navigation:

(A) principles of air navigation with particular reference to IFR; and

(B) navigation and radio equipment in the aircraft that is used by the operator;

(7) operational procedures:

(A) use of aeronautical documentation and SOPs;

(B) procedures for operations beyond 60 minutes from an adequate aerodrome, including, if applicable, extended-diversion-time operations (EDTOs);

(C) operational procedures for the carriage of cargo and dangerous goods;

(D) de-icing/anti-icing;

(E) procedures related to aircraft accidents and incidents; emergency flight procedures; and

(F) security procedures related to unlawful interference and sabotage of aircraft;

(8) principles of flight:

 principles of flight related to the appropriate category of aircraft;

(9) radio communications:

 procedures for communicating with other aircraft and ground stations; and

(10) special aerodromes.

OPERATOR-SPECIFIC TRAINING

(e) In addition to the initial training, FOOs/FDs should receive training in the specific duties, responsibilities, and tools that are associated with the operational control system of the operator.

RECURRENT TRAINING

(f) When the recurrent training is conducted within the last 12 months of a 36-month validity period, the next 36-month validity period should be calculated from the original expiry date of the previous assessment.

(g) Notwithstanding the 36-month interval of point (f), recurrent training may also be performed at shorter intervals and adjusted to the needs identified after an assessment of the training needs conducted by the operator.

KNOWLEDGE, SKILLS, AND QUALIFICATIONS FOR INSTRUCTORS OF OPERATIONAL CONTROL PERSONNEL

(h) Unless otherwise required by the relevant national regulations, instructors for operational control personnel should:

(1) be able to prove that they are current in the subjects covered by the training programme for FOOs/FDs, including the operator-specific elements, or otherwise successfully complete an FOO/FD training programme;

(2) have adequate instructional skills or attend instructor training; if more than 24 months have passed since the delivery of the last FOO/FD course, they should attend recurrent instructor training before delivering the next course; and

(3) have relevant work experience in the areas of the training that they provide.

(i) The CAT operator should include in the OM the required knowledge, skills, and qualifications of the instructors for operational control personnel.

[applicable from 30 October 2022]

MEL TRAINING PROGRAMME

(a) The operator should develop a training programme for ground personnel dealing with the use of the MEL and detail such training in the continuing airworthiness maintenance exposition CAME and OM as appropriate. Such training programme should include:

(1) the scope, extent and use of the MEL;

(2) placarding of inoperative equipment;

(3) deferral procedures;

(4) dispatching; and

(5) any other operator’s MEL related procedures.

(b) The operator should develop a training programme for crew members and detail such training in the Operations Manual. Such training programme should include:

(1) the scope, extent and use of the MEL;

(2) the operator’s MEL procedures;

(3) elementary maintenance procedures in accordance with Commission Regulation (EU) No 1321/2014; and

(4) pilot-in-command/commander responsibilities.

GROUND OPERATIONS WITH PASSENGERS ON BOARD IN THE ABSENCE OF FLIGHT CREW

For ground operations, whenever passengers are embarking, on board or disembarking in the absence of flight crew members, the operator should:

(a) establish procedures to alert the aerodrome services in the event of ground emergency or urgent need; and

(b) ensure that at least one person on board the aircraft is qualified to apply these procedures and ensure proper coordination between the aircraft and the aerodrome services.

GROUND PERSONNEL

For the purpose of the MEL training programme referred to in AMC1 ORO.GEN.110(e) ground personnel include maintenance personnel, flight dispatchers and operations officers.

AERODROME SERVICES

Aerodrome services refer to units available at an aerodrome that could be of assistance in responding to an urgent need or an emergency, such as rescue and firefighting services, medical and ambulance services, air traffic services, security services, police, aerodrome operations, air operators.

STERILE FLIGHT CREW COMPARTMENT

(a) Sterile flight crew compartment procedures should ensure that:

(1) flight crew activities are restricted to essential operational activities; and

(2) cabin crew and technical crew communications to flight crew or entry into the flight crew compartment are restricted to safety or security matters.

(b) The sterile flight crew compartment procedures should be applied:

(1) during critical phases of flight;

(2) during taxiing (aeroplanes);

(3) below 10 000 feet above the aerodrome of departure after take-off and the aerodrome of destination before landing, except for cruise flight; and

(4) during any other phases of flight as determined by the pilot-in-command or commander.

(c) All crew members should be trained on sterile flight crew compartment procedures established by the operator, as appropriate to their duties.

INSTRUCTIONS ABOUT DUTIES AND RESPONSIBILITIES OF PERSONNEL — BRIEFING OF FLIGHT OPERATIONS OFFICERS/FLIGHT DISPATCHERS BEFORE ASSUMING DUTIES

In the context of an ongoing flight-following, flight-monitoring, or flight-watch activity, an FOO/FD, before assuming duties, should be briefed on the elements related to the safety of the operations the FOO/FD will be performing as part of the operational control.

[applicable from 30 October 2022]

STERILE FLIGHT CREW COMPARTMENT

(a) Establishment of procedures

The operator should establish procedures for flight, cabin, and technical crew that emphasise the objectives and importance of the sterile flight crew compartment. These procedures should also emphasise that, during periods of time when the sterile flight deck compartment procedures are applied, cabin crew and technical crew members should call the flight crew or enter the flight crew compartment only in cases related to safety or security matters. In such cases, information should be timely and accurate.

(b) Flight crew activities

When sterile flight crew compartment procedures are applied, flight crew members are focused on their essential operational activities without being disturbed by non-safety related matters. Examples of activities that should not be performed are:

(1) radio calls concerning passenger connections, fuel loads, catering, etc.;

(2) non-critical paperwork; and

(3) mass and balance corrections and performance calculations, unless required for safety reasons.

(c) Communication to the flight crew

Cabin crew and technical crew use their own discretion to determine whether the situation is related to safety or security matters and whether to call the flight crew. Situations requiring information to the flight crew may include:

(1) any outbreak of fire inside the cabin or in an engine;

(2) a burning smell in the cabin or presence of smoke inside or outside;

(3) fuel or fluid leakage;

(4) exit door unable to be armed or disarmed;

(5) localised extreme cabin temperature changes;

(6) evidence of airframe icing;

(7) cabin/galley equipment or furniture malfunction/breakage posing a hazard to the occupants;

(8) suspicious object;

(9) disruptive passenger;

(10) security threat;

(11) abnormal vibration or noise;

(12) medical emergency;

(13) general drop-down of the oxygen masks in the cabin; and

(14) any other condition deemed relevant by a cabin crew or technical crew member.

ELEMENTS OF THE BRIEFING GIVEN TO FLIGHT OPERATIONS OFFICERS/FLIGHT DISPATCHERS BEFORE ASSUMING DUTIES

Before commencing their shift, the FOO/FD should be briefed on relevant safety information such as:

(a) weather charts;

(b) weather reports;

(c) NOTAMs;

(d) operational restrictions in force;

(e) flights in the air and flights for which operational flight plans have been issued but which have not yet started and for which the FOO/FD will be responsible;

(f) the forecast flight schedule; and

(e) other relevant safety information as listed in GM28 Annex I ‘Definitions for terms used in Annexes II to VIII’.

[applicable from 30 October 2022]

ESTABLISHMENT OF PROCEDURES

(a) An operator should establish procedures to be followed by cabin crew covering at least:

(1) arming and disarming of slides;

(2) operation of cabin lights, including emergency lighting;

(3) prevention and detection of cabin, galley and toilet fires;

(4) actions to be taken when turbulence is encountered;

(5) actions to be taken in the event of an emergency and/or an evacuation; and

(6) safety aspects of the in-flight entertainment (IFE) system, if installed.

(b) When establishing procedures and a checklist system for cabin crew with respect to the aircraft cabin, the operator should take into account at least the following duties:

Duties

Pre-take off

In-flight

Pre-landing

Post-landing

(1) Briefing of cabin crew by the senior cabin crew member prior to commencement of a flight or series of flights

x

 

 

 

(2) Check of safety and emergency equipment in accordance with operator's policies and procedures

x

 

 

 

(3) Security checks as applicable

x

 

 

x

(4) Passenger embarkation and disembarkation

x

 

 

x

(5) Securing of passenger cabin (e.g. seat belts, cabin cargo/baggage, IFE system)

x

 

x

 

(6) Securing of galleys and stowage of equipment

x

if required

x

 

(7) Arming of door/exit slides

x

 

 

 

(8) Safety briefing/information to passengers

x

x

x

x

(9) ’Cabin secure’ report to flight crew

x

if required

x

 

(10) Operation of cabin lights

x

if required

x

x

(11) Safety aspects of the IFE system (if installed)

x

x

x

x

(12) Cabin crew at assigned crew stations

x

if required

x

x

(13) Surveillance of passenger cabin

x

x

x

x

(14) Prevention and detection of fire in the cabin (including the combi-cargo area, crew rest areas, galleys, lavatories and any other cabin remote areas) and instructions for actions to be taken

x

x

x

x

(15) Actions to be taken when turbulence is encountered

 

x

 

 

(16) Actions to be taken in case of in-flight incidents (e.g. medical emergency)

 

x

 

 

(17) Actions to be taken in the event of emergency situations

x

x

x

x

(18) Disarming of door/exit slides

 

 

 

x

(19) Reporting of any deficiency and/or un-serviceability of equipment and/or any incident

x

x

x

x

(c) The operator should specify the contents of safety briefings for all cabin crew members prior to the commencement of a flight or series of flights.

ORO.GEN.115 Application for an AOC

Regulation (EU) No 379/2014

(a) The application for an air operator certificate or an amendment to an existing certificate shall be made in a form and manner established by the competent authority, taking into account the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules.

(b) Applicants for an initial certificate shall provide the competent authority with documentation demonstrating how they will comply with the requirements established in Regulation (EC) No 216/2008 and its Implementing Rules. Such documentation shall include a procedure describing how changes not requiring prior approval will be managed and notified to the competent authority.

ORO.GEN.120 Means of compliance

Regulation (EU) No 379/2014

(a) Alternative means of compliance to those adopted by the Agency may be used by an operator to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.

(b) When an operator subject to certification wishes to use an alternative means of compliance to the acceptable means of compliance (AMC) adopted by the Agency to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules, it shall, prior to implementing it, provide the competent authority with a full description of the alternative means of compliance. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.

The operator may implement these alternative means of compliance subject to prior approval by the competent authority and upon receipt of the notification as prescribed in ARO.GEN.120(d).

(c) An operator required to declare its activity shall notify to the competent authority the list of alternative means of compliance it uses to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.

(d) When an operator subject to SPO authorisation wishes to use alternative means of compliance, it shall comply with (b) whenever such alternative means of compliance affects the standard operating procedures that are part of the authorisation and with (c) for the declared part of its organisation and operation.

DEMONSTRATION OF COMPLIANCE

In order to demonstrate that the Implementing Rules are met, a risk assessment should be completed and documented. The result of this risk assessment should demonstrate that an equivalent level of safety to that established by the Acceptable Means of Compliance (AMC) adopted by the Agency is reached.

ORO.GEN.125 Terms of approval and privileges of an AOC holder

Regulation (EU) No 379/2014

 A certified operator shall comply with the scope and privileges defined in the operations specifications attached to the operator’s certificate.

MANAGEMENT SYSTEM DOCUMENTATION

The management system documentation should contain the privileges and detailed scope of activities for which the operator is certified, as relevant to the applicable requirements. The scope of activities defined in the management system documentation should be consistent with the terms of approval.

ORO.GEN.130 Changes related to an AOC holder

Regulation (EU) No 379/2014

(a) Any change affecting:

(1) the scope of the certificate or the operations specifications of an operator; or

(2) any of the elements of the operator’s management system as required in ORO.GEN.200(a)(1) and (a)(2),

shall require prior approval by the competent authority.

(b) For any changes requiring prior approval in accordance with Regulation (EC) No 216/2008 and its Implementing Rules, the operator shall apply for and obtain an approval issued by the competent authority. The application shall be submitted before any such change takes place, in order to enable the competent authority to determine continued compliance with Regulation (EC) No 216/2008 and its Implementing Rules and to amend, if necessary, the operator certificate and related terms of approval attached to it.

The operator shall provide the competent authority with any relevant documentation.

The change shall only be implemented upon receipt of formal approval by the competent authority in accordance with ARO.GEN.330.

The operator shall operate under the conditions prescribed by the competent authority during such changes, as applicable.

(c) All changes not requiring prior approval shall be managed and notified to the competent authority as defined in the procedure approved by the competent authority in accordance with ARO.GEN.310(c).

AMC1 ORO.GEN.130 Changes related to an AOC holder

ED Decision 2019/019/R

APPLICATION TIME FRAMES

(a) The application for the amendment of an air operator certificate (AOC) should be submitted at least 30 days before the date of the intended changes.

(b) In the case of a planned change of a nominated person in accordance with ORO.GEN.210(b) or of a safety manager as defined under AMC1 ORO.GEN.200(a)(1), the operator should inform the competent authority at least 20 days before the date of the proposed change.

(c) Unforeseen changes should be notified at the earliest opportunity, in order to enable the competent authority to determine continued compliance with the applicable requirements and to amend, if necessary, the AOC and related terms of approval.

GM1 ORO.GEN.130(a) Changes related to an AOC holder

ED Decision 2017/007/R

GENERAL

(a) Typical examples of changes that may affect the AOC or the operations specifications or the operator’s management system, as required in ORO.GEN.200(a)(1) and (a)(2), are listed below:

(1) the name of the operator;

(2) a change of legal entity;

(3) the operator’s principal place of business;

(4) the operator’s scope of activities;

(5) additional locations of the operator;

(6) the accountable manager referred to in ORO.GEN.210(a);

(7) reporting lines between the accountable manager and the nominated person;

(8) the operator’s documentation, as required by this Annex, safety policy and procedures;

(9) the facilities.

(b) Prior approval by the competent authority is required for any changes to the operator’s procedure describing how changes not requiring prior approval will be managed and notified to the competent authority.

(c) Changes requiring prior approval may only be implemented upon receipt of formal approval by the competent authority.

CHANGE OF NAME

A change of name requires the operator to submit a new application as a matter of urgency.

Where this is the only change to report, the new application can be accompanied by a copy of the documentation previously submitted to the competent authority under the previous name, as a means of demonstrating how the operator complies with the applicable requirements.

MANAGEMENT OF CHANGES REQUIRING PRIOR APPROVAL

For changes requiring prior approval, the operators should conduct a safety risk assessment and provide it to the competent authority upon request.

CHANGES REQUIRING PRIOR APPROVAL

The following list is a non-exhaustive checklist of items that require prior approval from the competent authority as specified in the applicable Implementing Rules:

[applicable until 29 October 2022 — ED Decision 2022/005/R]

The following GM is a non-exhaustive checklist of items that require prior approval by the competent authority as specified in the applicable Implementing Rules:

[applicable from 30 October 2022 — ED Decision 2022/005/R]

(a) alternative means of compliance;

(b) procedures regarding items to be notified to the competent authority;

(c) cabin crew:

(1) conduct of the training, examination and checking required by Annex V (Part-CC) to Commission Regulation (EU) No 1178/201148 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). and issue of cabin crew attestations;

(2) procedures for cabin crew to operate on four aircraft types;

(3) training programmes, including syllabi;

(d) leasing agreements;

(e) procedure for the use of aircraft included in an AOC by other operators for NCC, NCO and specialised operations, as required by ORO.GEN.310;

(f) specific approvals in accordance with Annex V (Part-SPA);

(g) dangerous goods training programmes;

(h) flight crew:

(1) alternative training and qualification programmes (ATQPs);

(2) procedures for flight crew to operate on more than one type or variant;

(3) training and checking programmes, including syllabi and use of flight simulation training devices (FSTDs);

(i) fuel policy;

[applicable until 29 October 2022 — ED Decision 2022/005/R]

(i) fuel schemes and special refuelling or defuelling of aeroplanes;

[applicable from 30 October 2022 — ED Decision 2022/005/R]

(j) helicopter operations:

(1) over a hostile environment located outside a congested area, unless the operator holds an approval to operate according to Subpart J of Annex V (SPA.HEMS);

(2) to/from a public interest site;

(3) without an assured safe forced landing capability;

[applicable until 29 October 2022 — ED Decision 2022/005/R]

(j) helicopter operations:

(1) over a hostile environment located outside a congested area, unless the operator holds an approval to operate according to Subpart J HELICOPTER EMERGENCY MEDICAL SERVICE OPERATIONS of Annex V (Part-SPA);

(2) to/from a public interest site;

(3) without an assured safe forced landing capability; and

(4) during refuelling with rotors turning;

[applicable from 30 October 2022 — ED Decision 2022/005/R]

(k) mass and balance: standard masses for load items other than standard masses for passengers and checked baggage;

(l) minimum equipment list (MEL):

(1) MEL;

(2) operating other than in accordance with the MEL, but within the constraints of the master minimum equipment list (MMEL);

(3) rectification interval extension (RIE) procedures;

(m) minimum flight altitudes:

(1) the method for establishing minimum flight altitudes;

(2) descent procedures to fly below specified minimum altitudes;

(n) performance:

(1) increased bank angles at take-off (for performance class A aeroplanes);

(2) short landing operations (for performance class A and B aeroplanes);

(3) steep approach operations (for performance class A and B aeroplanes);

(4) reduced required landing distance operations (for performance class A and B aeroplanes);

(o) isolated aerodrome: using an isolated aerodrome as destination aerodrome for operations with aeroplanes;

(p) approach flight technique:

(1) all approaches not flown as stabilised approaches for a particular approach to a particular runway;

(2) non-precision approaches not flown with the continuous descent final approach (CDFA) technique for each particular approach/runway combination;

(q) maximum distance from an adequate aerodrome for two-engined aeroplanes without an extended range operations with two-engined aeroplanes (ETOPS) approval:

(1) air operations with two-engined performance class A aeroplanes with a maximum operational passenger seating configuration (MOPSC) of 19 or less and a maximum take-off mass less than 45 360 kg, over a route that contains a point further than 120 minutes from an adequate aerodrome, under standard conditions in still air;

(r) aircraft categories:

(1) Applying a lower landing mass than the maximum certified landing mass for determining the indicated airspeed at threshold (VAT).

(s) commercial air transport operations with single-engined turbine aeroplanes in instrument meteorological conditions or at night (CAT SET-IMC).

ORO.GEN.135 Continued validity of an AOC

Regulation (EU) 2019/1384

(a) The operator’s certificate shall remain valid subject to all of the following:

(1) the operator remaining in compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated an implementing acts, taking into account the provisions related to the handling of findings as specified under ORO.GEN.150 of this Annex;

(2) the competent authority being granted access to the operator as defined in point ORO.GEN.140 of this Annex to determine continued compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts;

(3) the certificate not being surrendered or revoked.

(b) Upon revocation or surrender the certificate shall be returned to the competent authority without delay.

ORO.GEN.140 Access

Regulation (EU) 2019/1384

(a) For the purpose of determining compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, the operator shall grant access at any time to any facility, aircraft, document, records, data, procedures or any other material relevant to its activity subject to certification, SPO authorisation or declaration, whether it is contracted or not, to any person authorised by one of the following authorities:

(1) the competent authority defined in point ORO.GEN.105 of Annex III to this Regulation;

(2) the authority acting under the provisions of points ARO.GEN.300(d), ARO.GEN.300(e) or Subpart ARO.RAMP of Annex II to this Regulation.

(b) Access to the aircraft mentioned under (a) shall, in the case of CAT, include the possibility to enter and remain in the aircraft during flight operations unless otherwise decided by the commander for the flight crew compartment in accordance with CAT.GEN.MPA.135 in the interest of safety.

ORO.GEN.150 Findings

Regulation (EU) No 965/2012

After receipt of notification of findings, the operator shall:

(a) identify the root cause of the non-compliance;

(b) define a corrective action plan; and

(c) demonstrate corrective action implementation to the satisfaction of the competent authority within a period agreed with that authority as defined in ARO.GEN.350(d).

GENERAL

The corrective action plan defined by the operator should address the effects of the non-compliance, as well as its root cause.

GM1 ORO.GEN.150 Findings

ED Decision 2014/017/R

GENERAL

(a) Preventive action is the action to eliminate the cause of a potential non-compliance or other undesirable potential situation.

(b) Corrective action is the action to eliminate or mitigate the root cause(s) and prevent recurrence of an existing detected non-compliance or other undesirable condition or situation. Proper determination of the root cause is crucial for defining effective corrective actions to prevent reoccurrence.

(c) Correction is the action to eliminate a detected non-compliance.

ORO.GEN.155 Immediate reaction to a safety problem

Regulation (EU) No 965/2012

The operator shall implement:

(a) any safety measures mandated by the competent authority in accordance with ARO.GEN.135(c); and

(b) any relevant mandatory safety information issued by the Agency, including airworthiness directives.

ORO.GEN.160 Occurrence reporting

Regulation (EU) 2019/1384

(a) The operator shall report to the competent authority, and to any other organisation required to be informed by the State of the operator, any accident, serious incident and occurrence as defined in Regulation (EU) No 996/2010 of the European Parliament and of the Council49 Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, p. 35). and Regulation (EU) No 376/2014.

(b) Without prejudice to point (a) the operator shall report to the competent authority and to the organisation responsible for the design of the aircraft any incident, malfunction, technical defect, exceeding of technical limitations or occurrence that would highlight inaccurate, incomplete or ambiguous information contained in the operational suitability data established in accordance with Regulation (EU) No 748/2012 or other irregular circumstance that has or may have endangered the safe operation of the aircraft and that has not resulted in an accident or serious incident.

(c) Without prejudice to Regulation (EU) No 996/2010 and Regulation (EU) No 376/2014, the reports referred in points (a) and (b) shall be made in a form and manner established by the competent authority and shall contain all pertinent information about the conditions known to the operator.

(d) Reports shall be made as soon as practicable, but in any case within 72 hours of the operator identifying the condition to which the report relates, unless exceptional circumstances prevent this.

(e) Where relevant, the operator shall produce a follow-up report to provide details of actions it intends to take to prevent similar occurrences in the future, as soon as these actions have been identified. This report shall be produced in a form and manner established by the competent authority.

GENERAL

(a) The operator should report all occurrences defined in AMC 20-8, and as required by the applicable national rules implementing Regulation (EU) No 376/2014 on occurrence reporting in civil aviation.

(b) In addition to the reports required by AMC 20-8 and Regulation (EU) No 376/2014, the operator should report volcanic ash clouds encountered during flight.

REPORTABLE EVENTS OF PBN OPERATIONS

(a) A reportable event should be an event that adversely affects the safety of the operation and may be caused by actions or events external to the functioning of the aircraft navigation system.

(b) Technical defects and the exceedance of technical limitations, including:

(1) significant navigation errors attributed to incorrect data or a database coding error;

(2) unexpected deviations in lateral/vertical flight path not caused by flight crew input or erroneous operation of equipment;

(3) significant misleading information without a failure warning;

(4) total loss or multiple navigation equipment failure; and

(5) loss of integrity, e.g. RAIM function, whereas integrity was predicted to be available during preflight planning,

should be considered a reportable event.

(c) The operator should have in place a system for investigating a reportable event to determine if it is due to an improperly coded procedure or a navigation database error. The operator should initiate corrective actions for such an event.