When will the new rules on air operations be applicable?
Reference: Regulation (EU) No 965/2012 on Air Operations and its amendments
Regulation (EU) No 965/2012 entered into force on 28 October 2012.
Article 10 of the Air OPS Regulation includes an opt-out provision allowing Member States to postpone the applicability of Annexes I to V until 28 October 2014. This means that entire Annexes and/or specific parts of the Annexes will not be applicable if a Member States chooses to opt-out. The Agency has published an overview of the opt-out period applied by Member States here.
The amendments to the Regulation (EU) No 965/2012 have different applicability dates:
- Commission Regulation (EU) No 800/2013 on non-commercial operation became applicable on 25 August 2013 and the opt-out period is 3 years.
- Commission Regulation (EU) No 71/2014 on operational suitability data was published on 27 January 2014; it entered into force on the twentieth day following that of its publication and must be applied not later than 18 December 2017 or two years after the approval of the operational suitability data, whichever is the latest.
- Commission Regulation (EU) No 83/2014 on flight and duty time limitations and rest requirements was published on 29 January 2014, entered into force on the twentieth day following that of its publication and shall apply from 18 February 2016 and from 17 Feb 2017 for ORO.FTL.205(e).
Once the Implementing Rules have been adopted, it is still possible that transition measures defer their applicability to a later date. Therefore, the exact date of applicability of each requirement will depend on the transition measures adopted by the European Commission. Until the date the new Implementing Rules apply, Member States' national rules and EU-OPS remain in force.