Opinion 04/2017

ANNEX I to draft Commission Regulation (EU) …/… of XXX as regards an update of the air operational rules amending Commission Regulation (EU) No 965/2012 The text of the amendment is arranged to show deleted text, new or amended text as shown below: — deleted text is marked with strike through; — new or amended text is highlighted in grey; — an ellipsis ‘(…)’ indicates that the remaining text is unchanged in front of or following the reflected amendment. Commission Regulation (EU) No 965/2012 is amended as follows: Annex I (Definitions) For the purpose of this Regulation, the following definitions shall apply: (1) In definition (13) replacement of the outdated term ‘airworthiness code’ with the term ‘certification specification’ (13) ‘category A with respect to helicopters’ means a multi-engined helicopter designed with engine and system isolation features specified in the applicable certification specification airworthiness codes and capable of operations using take-off and landing data scheduled under a critical engine failure concept that assures adequate designated surface area and adequate performance capability for continued safe flight or safe rejected take-off in the event of engine failure; (2) Insertion of a new definition (44a) of the term ‘electronic flight bag’, to ensure alignment with ICAO Annex 6 (Part III) (44a) ‘electronic flight bag (EFB)’ means an electronic information system, comprised of equipment and applications for flight crew, which allows for the storing, updating, displaying and processing of EFB functions to support flight operations or duties; (3) Insertion of a new definition (45a) of the term ‘emergency exit’. (45a) ‘emergency exit’ means an installed exit-type egress point from the aircraft and includes floor level door, window exit or any other type of exit, e.g. hatch in the flight crew Page 1 of 60  compartment, tail cone exit, etc. to allow maximum opportunity for cabin and flight crew compartment evacuation within an appropriate time period; (4) Insertion of a new definition (48a) (definition of the term ‘flight crew’), to ensure alignment with ICAO Annex 6. (48a) ‘Flight crew’ means a licensed flight crew member charged with duties essential to the operation of an aircraft during a flight duty period. (5) Insertion of a new definition (49a) of the terms ‘flight operations officer/flight dispatcher’, to ensure alignment with ICAO Annex 6. (49a) ‘flight operations officer/flight dispatcher’ means a person designated by the operator to engage in the control and supervision of flight operations, who is suitably qualified, who supports, briefs and/or assists the pilot-in-command in the safe conduct of the flight; (…) (6) Insertion of a new definition (95a) of the term ‘personnel carrying device system (PCDS)’ (95a) ‘personnel carrying device system (PCDS)’ means a device that has the structural capability and features needed to transport occupants external to the helicopter during HEC or HHO operations. A PCDS includes but is not limited to life safety harnesses (including, if applicable, quick release and strop with connector ring), rigid baskets and cages that are either attached to a hoist or cargo hook or mounted to the rotorcraft airframe. A PCDS is considered simple if it: (a) meets a European Standard (EN) under Directive 89/686/EEC or Directive 2006/42/EC; (b) is designed to restrain no more than a single person (e.g. hoist or cargo hook operator, photographer) inside the cabin, or to restrain no more than two persons outside the cabin; and (c) is not a rigid structure such as a cage, a platform or a basket. All PCDSs that cannot be considered simple are considered complex. (7) Insertion of a new definition (103b) of the term ‘rules of the air’, referring to SERA and the applicable rules of the air. (103b) ‘Rules of the air’ means those rules established in Commission Implementing Regulation (EU) No 932/2012 (standardised European rules of the air (SERA)). Page 2 of 60  Annex II (Part-ARO) (8) Amendment of point (c) of ARO.GEN.120 to enable authorities to revoke or amend a prior approval, specialised operation authorisation, or certificate already granted if the alternative means of compliance does not establish compliance with the Implementing Rules. In addition, deletion of point (d)(3) making the requirement less prescriptive. ARO.GEN.120 Means of compliance (a) The Agency shall develop acceptable means of compliance (AMC) that may be used to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules. When the AMC are complied with, the related requirements of the Implementing Rules are met. (b) Alternative means of compliance may be used to establish compliance with the Implementing Rules. (c) The competent authority shall establish a system to consistently evaluate that all alternative means of compliance used by itself or by organisations and persons under its oversight allow the establishment of compliance with Regulation (EC) No 216/2008 and its Implementing Rules. This system shall include procedures to revoke or amend a prior approval, specialised operation authorisation, or a certificate that is based on an alternative means of compliance already used by organisations and persons under its oversight, if it has been demonstrated that the alternative means of compliance do not establish compliance with the Implementing Rules. (d) The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance with ORO.GEN.120 (b) by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation. When the competent authority finds that the alternative means of compliance are in accordance establish compliance with the Implementing Rules, it shall without undue delay: (1) notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the approval, specialised operation authorisation or certificate of the applicant accordingly; and (2) notify the Agency of their content, including copies of all relevant documentation;. (3) inform other Member States about alternative means of compliance that were accepted. (9) Amendment of ARO.GEN.135 to introduce the correct reference to Regulation (EU) No 376/2014 as follows: ARO.GEN.135 Immediate reaction to a safety problem (a) Without prejudice to Regulation (EU) No 376/2014, Directive 2003/42/EC of the European Parliament and of the Council the competent authority shall implement a system to appropriately collect, analyse and disseminate safety information. Page 3 of 60 (10) (…)Amendment of point (a) of ARO.GEN.205 Allocation of task to qualified entities to clarify that this rule only applies if the CA has decided to allocate tasks. ARO.GEN.205 Allocation of tasks to qualified entities (a) If the competent authority decides to allocate tTasks related to the initial certification, specialised operation authorisation or continuing oversight of persons or organisations subject to Regulation (EC) No 216/2008 and its Implementing Rules, they shall be allocated by Member States only to qualified entities. When allocating tasks, the competent authority shall ensure that it has: (…) (11) Editorial update of point (a)(2) of ARO.GEN.300 Oversight ARO.GEN.300 Oversight (a) The competent authority shall verify: (…) (2) continued compliance with the applicable requirements of organisations it has certified, specialised operations it has authorised and organisations from whom which it received a declaration; (…) (12) Amendment of point (d)(4) of ARO.GEN.350 to clarify that this point refers to those cases where the competent authority either has raised the finding itself or has been informed of a finding raised by another competent authority in the context of cooperative oversight (ARO.GEN.300(d)). ARO.GEN.350 Findings and corrective actions — organisations (...) (d) When a finding is detected during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EC) No 216/2008 and its Implementing Rules, communicate the finding to the organisation in writing and request corrective action to address the non-compliance(s) identified. Where relevant, the competent authority shall inform the State in which the aircraft is registered. (…) (4) The competent authority shall record all findings it has raised or that have been communicated to it in accordance with point (e) below and, where applicable, the enforcement measures it has applied, as well as all corrective actions and date of action closure for findings. (…) (13) Amendment of ARO.OPS.110 to limit the requirement for prior approval to wet-lease-in agreements with a third-country operator and to ensure that in all other cases the authority is informed. Point (b)(1) is added to ensure that a suspension of the Page 4 of 60  authorisation to fly into the EU will read to a suspension or revocation of the lease agreement. Point (d)(1) of ARO.OPS.110 is amended to remove the prior approval requirement of a dry lease-out agreement with a third country operator. ARO.OPS.110 Lease agreements (a) The competent authority shall approve a lease agreement when satisfied that the operator certified in accordance with Annex III (Part-ORO) complies with: (1) ORO.AOC.110(d), and (f), for dry leased-in third-country aircraft; and (2) ORO.AOC.110(ca), and (c), for wet lease-in of an aircraft from a third-country operator;. (3) ORO.AOC.110(ef), for dry lease-out of an aircraft to any operator;. (4) relevant requirements of continuing airworthiness and air operations, for dry lease-in of an aircraft registered in the EU and wet lease-in of an aircraft from an EU operator. (b) The approval of a wet lease-in agreement of an aircraft from a third-country operator shall be suspended or revoked whenever: (1) the AOC of the lessor or lessee is suspended or revoked; (2) the lessor is subject to an operating ban pursuant to Regulation (EC) No 2111/2005 of the European Parliament and of the Council1.; and (3) the authorisation issued in accordance with Regulation (EU) No 452/2014 has been suspended. (c) The approval of a dry lease-in agreement shall be suspended or revoked whenever the certificate of airworthiness of the aircraft is suspended or revoked. (d) When asked for the prior approval of a dry-lease out agreement in accordance with ORO.AOC.110 (e), the competent authority shall ensure: (1) proper coordination with the competent authority responsible for the continuing oversight of the aircraft, in accordance with Commission Regulation (EC) No 2042/20032, or for the operation of the aircraft, if it is not the same authority; (2) that the aircraft is timely removed from the operator’s AOC. (d) The competent authority shall be notified of all other lease agreements undertaken by the operator. (…) 1 OJ L 344, 27.12.2005, p. 15. 2 OJ L 315, 28.11.2003, p. 1. OJ L 362, 17.12.2014, p. 1. Page 5 of 60 (14) Amendment of point (b) of ARO.OPS.150 on Authorisation of high risk commercial specialised operations to remove reference to Appendix VI, which has become Appendix IV. ARO.OPS.150 Authorisation of high risk commercial specialised operations (…) (b) When satisfied with the risk assessment and SOP, the competent authority of the operator shall issue the authorisation, as established in Appendix IVVI. The authorisation may be issued for a limited or an unlimited duration. The conditions under which an operator is authorised to conduct one or more high risk commercial specialised operations shall be specified in the authorisation. (15) Amendment of point (b) of ARO.OPS.200 Specific Approvals to remove the reference to Appendix V, which has become Appendix III. ARO.OPS.200 Specific approval procedure (…) (b) When satisfied that the operator has demonstrated compliance with the applicable requirements, the competent authority shall issue or amend the approval. The approval shall be specified in: (1) the operations specifications, as established in Appendix II, for commercial air transport operations; or (2) the list of specific approvals, as established in Appendix IIIV, for non-commercial operations and specialised operations. (16) Amendment of point (b)(5) of ARO.RAMP.105 Prioritisation criteria to provide the correct reference to the Regulation regarding third-country operators. ARO.RAMP.105 Prioritisation criteria (…) (b) This list shall include: (…) (5) aircraft used by a third-country operator that operates into, within or out of the territory subject to the provisions of the Treaty for the first time or whose authorisation issued in accordance with Regulation (EU) No 452/20143 ART.GEN.205 is limited or reinstated after suspension or revocation. (…) 3 OJ L 133, 6.5.2014, p. 12. Page 6 of 60 (17) Amendment of ARO.RAMP.125 Conduct of ramp inspections to align the rule with the removal of Appendix III (proof of ramp inspection) and Appendix IV (Ramp inspection report) from the Implementing Rules. ARO.RAMP.125 Conduct of ramp inspections (a) Ramp inspections shall be performed in a standardised manner. using the form established in either Appendix III or Appendix IV. (b) When performing a ramp inspection, the inspector(s) shall make all possible efforts to avoid an unreasonable delay of the aircraft inspected. (c) On completion of the ramp inspection, the pilot-in-command or, in his/her absence, another member of the flight crew or a representative of the operator shall be informed of the ramp inspection’s results. using the form established in Appendix III. (18) Amendment of point (d)(2) of ARO.RAMP.140 Grounding of aircraft to provide the correct reference to the ‘Permit to Fly’ Regulation. ARO.RAMP.140 Grounding of aircraft (…) (d) If the non-compliance affects the validity of the certificate of airworthiness of the aircraft, the grounding shall only be lifted by the competent authority when the operator shows evidence that: (1) compliance with the applicable requirements has been re-established; (2) it has obtained a permit-to-fly in accordance with Commission Regulation (EU) (EC) No 748/2012 1702/20034, for aircraft registered in a Member State; (3) a permit-to-fly or equivalent document of the State of Registry or the State of the operator for aircraft registered in a third country and operated by an EU or a third- country operator; and (4) permission from third countries which will be overflown, if applicable. (…) (19) Amendment of point (a)(1) of ARO.RAMP.150 Agency coordination tasks in order to delete the reference to Appendices III and IV to Part-ARO, since the reference to ARO.RAMP.145 is sufficient. ARO.RAMP.150 Agency coordination tasks (a) The Agency shall manage and operate the tools and procedures necessary for the storage and exchange of: (1) the information referred to in ARO.RAMP.145., using the forms as established in Appendices III and IV; 4 OJ L 243, 27.9.2003, p. 6. OJ L 224, 21.8.2012, p. 1. Page 7 of 60  (…) (20) Amendment of Appendix I to Part-ARO to correct the numbering of the footnotes. Appendix I AIR OPERATOR CERTIFICATE (Approval schedule for air transport operators) Types of operation: Commercial air transport (CAT) Passengers; Cargo; Other1:…….. 45 5 State of the Operator 2 3 Issuing Authority3 4 AOC #5 6: Operator Name7 6 Operational Points of Contact:9 8 Dba Trading Name8 7 Contact details, at which operational Operator address10 9: management can be contacted without Telephone11 10: undue delay, are listed in .........................12 11 Fax: . E-mail: This certificate certifies that ……………………..13 12 is authorised to perform commercial air operations, as defined in the attached operations specifications, in accordance with the operations manual, Annex IV to Regulation (EC) No 216/2008 and its Implementing Rules . Date of issue14 13: Name and Signature15 14: Title: 1. Other type of transportation to be specified. 2 3. Replaced by the name of the State of the Operator. 3. 4. Replaced by the identification of the issuing competent authority. 4. 5. For use of the competent authority. 5. 6. Approval reference, as issued by the competent authority. 6. 7 Replaced by the operator’s registered name. 7. 8. Operator’s trading name, if different. Insert “Dba” (for “Doing business as”) before the trading name. 8. 9. The contact details include the telephone and fax numbers, including the country code, and the e-mail address (if available) at which operational management can be contacted without undue delay for issues related to flight operations, airworthiness, flight and cabin crew competency, dangerous goods and other matters as appropriate. 9. 10. Operator’s principal place of business address. 10. 11. Operator’s principal place of business telephone and fax details, including the country code. E-mail to be provided if available. 11. 12. Insertion of the controlled document, carried on board, in which the contact details are listed, with the appropriate paragraph or page reference. E.g.: “Contact details … are listed in the operations manual, gen/basic, chapter 1, 1.1”; or “… are listed in the operations specifications, page 1”; or “… are listed in an attachment to this document”. 12. 13. Operator’s registered name. Page 8 of 60 13. 14. Issue date of the AOC (dd-mm-yyyy). 14. 15. Title, name and signature of the competent authority representative. In addition, an official stamp may be applied on the AOC. EASA FORM 138 Issue 1 2 (21) Amendment of Appendix II to Part-ARO to include an editorial correction in footnote (11) by inserting the correct abbreviation ‘DA/H’ and an amendment of footnote (22). Appendix II OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual) Issuing authority contact details 1 Telephone : ___________________; Fax: ___________________; E-mail: ___________________ 2 3 4 AOC : Operator Name : Date : Signature: Dba Trading Name: Operations specifications #: 5 Aircraft model : 6 Registration marks : 7 Types of operations: Commercial air transport  Passengers  Cargo Others : ______ 8 Area of operation : 9 Special limitations : 10 Specific approvals: Yes No Specification Remarks Dangerous goods   11 …. Low visibility operations   CAT 12 Take-off RVR : m Approach and landing DA/H: ft RVR: m 13 RVSM  N/A   14 ETOPS  N/A   Maximum diversion 15 time : min. 17 Complex navigation specifications for   16 PBN operations Minimum navigation performance   specification 18 Operations of single-engined turbine   aeroplane at night or in IMC (SET-IMC) Helicopter operations with the aid of   night vision imaging systems Helicopter hoist operations   Helicopter emergency medical service   operations Helicopter offshore operations   19 Cabin crew training   20 Issue of CC attestation   21 Continuing airworthiness   22 Others Page 9 of 60 1.Telephone and fax contact details of the competent authority, including the country code. E-mail to be provided if available. 2. Insertion of associated air operator certificate (AOC) number. 3. Insertion of the operator’s registered name and the operator’s trading name, if different. Insert ‘Dba’ before the trading name (for ‘Doing business as’). 4. Issue date of the operations specifications (dd-mm-yyyy) and signature of the competent authority representative. 5. Insertion of ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232). 6. Either the registration marks are listed in the operations specifications or in the operations manual. In the latter case, the related operations specifications must make a reference to the related page in the operation manual. In case not all specific approvals apply to the aircraft model, the registration marks of the aircraft may be entered in the remark column to the related specific approval. 7. Other type of transportation to be specified (e.g. emergency medical service). 8. Listing of geographical area(s) of authorised operation (by geographical coordinates or specific routes, flight information region or national or regional boundaries). 9. Listing of applicable special limitations (e.g. VFR only, Day only, etc.). 10. List in this column the most permissive criteria for each approval or the approval type (with appropriate criteria). 11. Insertion of applicable precision approach category: LTS CAT I, CAT II, OTS CAT II, CAT IIIA, CAT IIIB or CAT IIIC. Insertion of minimum runway visual range (RVR) in meters and decision height (DA/H) in feet. One line is used per listed approach category. 12. Insertion of approved minimum take-off RVR in metres. One line per approval may be used if different approvals are granted. 13. Not applicable (N/A) box may be checked only if the aircraft maximum ceiling is below FL290. 14. Extended range operations (ETOPS) currently applies only to two-engined aircraft. Therefore, the not applicable (N/A) box may be checked if the aircraft model has more or less than two engines. 15. The threshold distance may also be listed (in NM), as well as the engine type. 16. Performance-based navigation (PBN): one line is used for each complex PBN specific approval (e.g. RNP AR APCH), with appropriate limitations listed in the ‘Specifications’ and/or ‘Remarks’ columns. Procedure- specific approvals of specific RNP AR APCH procedures may be listed in the operations specifications or in the operations manual. In the latter case, the related operations specifications must have a reference to the related page in the operations manual. 17. Specify if the specific approval is limited to certain runway ends and/or aerodromes. 18. Insertion of the particular airframe/engine combination. 19. Approval to conduct the training course and examination to be completed by applicants for a cabin crew attestation as specified in Annex V (Part-CC) to Regulation (EU) No 1178/2011. 20. Approval to issue cabin crew attestations as specified in Annex V (Part-CC) to Regulation (EU) No 1178/2011. 21. The name of the person/organisation responsible for ensuring that the continuing airworthiness of the aircraft is maintained and a reference to the regulation that requires the work, i.e. Subpart G of Annex I (Part- M) to Regulation (EU) 1321/2014. 22. Other approvals or data may be entered here, using one line (or one multi-line block) per authorisation (e.g. short landing operations, steep approach operations, helicopter operations to/from a public interest site, helicopter operations over a hostile environment located outside a congested area, helicopter operations without a safe forced landing capability, operations with increased bank angles, maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval, aircraft used for non- commercial operations). EASA FORM 139 Issue 3 4; Page 10 of 60 (22) Removal of Appendix III from Implementing Rules, because a revised proof of ramp inspection checklist has been moved to AMC to allow more flexibility in updating the checklist in the future. Appendix III Proof of Ramp Inspection Date: Time: Place: Operator: State: AOC no.: Route from: Flight no: Route to: Flight no: Flight type: Free format information of Chartered by Operator: Aircraft type: Aircraft configuration: competent authority Charterer's State: Registration mark: Construction no: (logo, contact details tel/fax/email) Flight crew State(s) of Acknowledgement of Receipt (*) licensing: Name: ………………………………….. Function: ……………………………. Signature: ………………………………. Function: ……………………………… Check Remark Check Remark Check Remark A Flight deck Flight crew C Aircraft condition Flight crew 1 General condition 20 1 General external condition licence/composition Journey log book / Technical log or 2 Emergency exit 2 Doors and hatches equivalent Journey log book or 3 Equipment 21 3 Flight controls equivalent Documentation 22 Maintenance release 4 Wheels, tyres and brakes Defect notification and 4 Manuals 23 5 Undercarriage, skids/floats rectification (incl. Tech log) 5 Checklists 24 Pre-flight inspection 6 Wheel well Navigation/instrum 6 7 Powerplant and pylon ent charts Minimum Fan blades, Propellers, 7 B Cabin Safety 8 equipment list Rotors (main/tail) Certificate of 8 1 General internal condition 9 Obvious repairs registration Noise certificate Cabin crew station and crew Obvious unrepaired 9 2 10 (where applicable) rest area damage First-aid kit / Emergency 10 AOC or equivalent 3 11 Leakage medical kit 11 Radio licence 4 Hand fire extinguishers Certificate of 12 5 Life-jackets / flotation devices Airworthiness Flight data 6 Seat belt and seat condition D Cargo Emergency exit, lighting and General condition of cargo 13 Flight preparation 7 1 Independent Portable light compartment Mass and balance Slides /Life-rafts (as required), 14 8 2 Dangerous goods calculation ELT Oxygen Supply (Cabin Crew Safety equipment 9 3 Cargo stowage and Passengers) Hand fire 15 10 Safety Instructions extinguishers Life-jackets / 16 11 Cabin crew members E General flotation devices 17 Harness 12 Access to emergency exits 1 General 18 Oxygen equipment 13 Stowage of passenger baggage Independent 19 14 Seat capacity Portable light Page 11 of 60 Action Taken Inspection Item Category Remarks (3d) Immediate operating ban (3c) Aircraft grounded by inspecting NAA (3b) Corrective actions before flight (3a) Restrictions on the aircraft operation (2) Information to the authority and operator (1) Information to the pilot-in- command/ (0) No remarks Inspector(s) sign or code Crew comments (if any): (*) Signature by any member of the crew or other representative of the inspected operator does in no way imply acceptance of the listed findings but simply a confirmation that the aircraft has been inspected on the date an at the place indicated on this document. This report represents an indication of what was found on this occasion and must not be construed as a determination that the aircraft is fit for the intended flight. Data submitted in this report can be subject to changes upon entering into the centralised database. EASA FORM 136 Issue 1 Page 12 of 60 (23) Removal of Appendix IV from Implementing Rules. The ramp inspection report is no longer necessary since the data is entered into the database. Appendix IV Ramp inspection report Competent Authority (name) (State) Ramp Inspection Report NR: _._._._-_._._._-_._._._ Source: RI Date: __.__.____ Place: ______ Local time: __:__ Operator: ________ AOC Number:______ State: ________ Type of Operation: ______ Route from: ................... ________ Flight Number: ______ Route to: ... ________ Flight Number: ______ Chartered by Operator*:________ Charterer’s State*: ______ * (where applicable) Aircraft Type:.........______ Registration Marks: ______ Aircraft Configuration: ______ Construction Number: ...................... ______ Flight crew: State of Licensing: ______ nd 2 State of Licensing*: ______ * (where applicable) Findings: Code / Std / Ref / Cat / Finding Detailed Description _._._ _ _._._ _ ………………………………… ……………………………………………………………… _._._ _ _._._ _ ………………………………… ……………………………………………………………… _._._ _ _._._ _ ………………………………… ……………………………………………………………… _._._ _ _._._ _ ………………………………… ……………………………………………………………… _._._ _ _._._ _ ………………………………… ……………………………………………………………… Class of actions taken: Detailed Description  3d) Immediate operating ban  3c) Aircraft grounded by inspecting competent authority……………………………………………………….…  3b) Corrective actions before flight…………………………………………………………….  3a) Restriction on aircraft flight operation…………………………………………………………….  2) Information to the competent authority and Operator  1) Information to pilot-in-command Additional information (if any) Inspector’s names or no: ………………………………………………………. - This report represents an indication of what was found on this occasion and must not be construed as a determination that the aircraft is fit for the intended flight. - Data submitted in this report can be subject to changes for correct wording upon entering into the centralised database. Item Code Checked Remark A. Flight Deck Page 13 of 60  General 1. General Condition ... ………………………………………………………………………. 1. 1. 2. Emergency Exit........ …………………………………………………………………….. 2. 2. 3. Equipment ............... …………………………………………………………………….. 3. 3. Documentation 4. Manuals ....... ……………………………………………………………………………… 4. 4. 5. Checklists……………….. ............................................................................................... 5. 5. 6. Radio Navigation Charts .......................................................................................... 6. 6. 7. Minimum Equipment List ......................................................................................... 7. 7. 8. Certificate of registration ......................................................................................... 8. 8. 9. Noise certificate (where applicable) ........................................................................ 9. 9. 10. AOC or equivalent . ……………………………………………………………………… 10. 10. 11. Radio licence ......... ………………………………………………………………………. 11. 11. 12. Certificate of Airworthiness (C of A) ....................................................................... 12. 12. Flight data 13. Flight preparation .................................................................................................. 13. 13. 14. Mass and balance calculation ................................................................................ 14. 14. Safety Equipment 15. Hand fire extinguishers .......................................................................................... 15. 15. 16. Life-jackets / flotation device ................................................................................. 16. 16. 17. Harness ...... ………………………………………………………………………………. 17. 17. 18. Oxygen equipment ……………………………………………………………………… 18. 18. 19. Independent Portable light .................................................................................... 19. 19. Flight Crew 20. Flight crew licence/composition ............................................................................ 20. 20. Journey logbook / Technical log or equivalent 21. Journey log book, or equivalent ............................................................................. 21. 21. 22. Maintenance release ............................................................................................. 22. 22. 23. Defect notification and rectification (incl. Tech log) .............................................. 23. 23. 24. Pre-flight inspection .................... ………………………………………………………………………. 24. 24. B. Cabin Safety 1. General Internal Condition ....................................................................................... 1. 1. 2. Cabin crew stations and crew rest area ................................................................... 2. 2. 3. First-aid kit/ Emergency medical kit ........................................................................ 3. 3. 4. Hand fire extinguishers ............................................................................................ 4. 4. 5. Life-jackets / Flotation devices ................................................................................. 5. 5. 6. Seat belt and seat condition .................................................................................... 6. 6. Page 14 of 60 7. Emergency exit, lighting and Independent Portable light ........................................ 7. 7. 8. Slides /Life-rafts (as required), ELT .......................................................................... 8. 8. 9. Oxygen Supply (Cabin Crew and Passengers) .......................................................... 9. 9. 10. Safety Instructions ………………………………………………………………………………………….. 10. 10. 11. Cabin crew members ............................................................................................. 11. 11. 12. Access to emergency exits ..................................................................................... 12. 12. 13. Stowage of passenger baggage’s .......................................................................... 13. 13. 14. Seat capacity………… ............................................................................................... 14. 14. Item Code Checked Remark C. Aircraft Condition 1. General external condition....................................................................................... 1. 1. 2. Doors and hatches .. ……………………………………………………………………… 2. 2. 3. Flight controls ......... ……………………………………………………………………… 3. 3. 4. Wheels, tyres and brakes ......................................................................................... 4. 4. 5. Undercarriage skids/floats ....................................................................................... 5. 5. 6. Wheel well ... ……………………………………………………………………………….. 6. 6. 7. Powerplant and pylon .............................................................................................. 7. 7. 8. Fan blades, Propellers, Rotors (main & tail) ............................................................ 8. 8. 9. Obvious repairs …………………………………………………………………………… 9. 9. 10. Obvious unrepaired damage ………………………………………………………….. 10. 10. 11. Leakage ...... ……………………………………………………………………………….. 11. 11. . ........................ D. Cargo 1. General condition of cargo compartment................................................................ 1. 1. 2. Dangerous Goods .... …………………………………………………………………… 2. 2. 3. Stowage of cargo .... ……………………………………………………………………… 3. 3. E. General 1. General .................................................................................................................... 1. 1. EASA FORM 137 Issue 1 Page 15 of 60 (24) Amendment of Appendix V to read Appendix III since the original Appendix III has been proposed to be removed from the Implementing Rules. Appendix V III List of specific approvals Non-commercial operations Specialised operations (subject to the conditions specified in the approval and contained in the operations manual or pilot’s operating handbook) (1) Issuing Authority : (2) List of Specific Approvals # : Name of Operator: (3) Date : Signature: (4) Aircraft Model and Registration Marks : Types of specialised operation (SPO), if applicable: (5) ☐ … (6) (7) Specific Approvals : Specification Remarks … … … … (1) Insertion of name and contact details. (2) Insertion of the associated number. (3) Issue date of the specific approvals (dd-mm-yyyy) and signature of the competent authority representative. (4) Insertion of the Commercial Aviation Safety Team (CAST)/ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232). The CAST/ICAO taxonomy is available at: http://www.intlaviationstandards.org/ The registration marks should be either listed in the List of Specific Approvals or in the operations manual. In the latter case the List of Specific Approvals shall refer to the related page in the operation manual. (5) Specify the type of operation, e.g., agriculture, construction, photography, surveying, observation and patrol, aerial advertisement. (6) List in this column any approved operations, e.g., dangerous goods, LVO, RVSM, PBN, MNPS, HOFO. (7) List in this column the most permissive criteria for each approval, e.g. the decision height and RVR minima for CAT II. EASA FORM 140 Issue 1 Page 16 of 60 (25) Amendment of Appendix VI to read Appendix IV since the original Appendix IV has been proposed to be removed from the Implementing Rules. Appendix VI IV AUTHORISATION OF HIGH RISK COMMERCIAL SPECIALISED OPERATIONS Issuing Authority:1 Authorisation no:2 Operator Name:3 Operator address:4 Telephone:5 Fax: E-mail: Aircraft Model and Registration Marks:6 Authorised specialised operation:7 Authorised area or site of operation:8 Special limitations:9 This is to confirm that …………………….. is authorised to perform high risk commercial specialised operation(s) in accordance with this authorisation, operator's Standard Operating Procedures, Annex IV to Regulation (EC) No 216/2008 and its Implementing Rules. Date of issue10: Name and Signature11: Title: EASA FORM 151 Issue 1 1. Name and contact details of the competent authority 2. Insertion of associated authorisation number. 3. Insertion of the operator’s registered name and the operator’s trading name, if different. Insert “Dba” before the trading name (for “Doing business as”). 4. Operator’s principal place of business address. 5. Operator’s principal place of business telephone and fax details, including the country code. E-mail to be provided if available. 6. Insertion of the Commercial Aviation Safety Team (CAST)/ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232). The CAST/ICAO taxonomy is available at: http://www.intlaviationstandards.org/H. The registration marks should be either listed in the List of Specific Approvals or in the operations manual. In the latter case the List of Specific Approvals shall refer to the related page in the operation manual. Page 17 of 60 7. Specify the type of operation, e.g., agriculture, construction, photography, surveying, observation and patrol, aerial advertisement. 8. Listing of geographical area(s) or site(s) of authorised operation (by geographical coordinates or flight information region or national or regional boundaries). 9. Listing of applicable special limitations (e.g. VFR only, Day only, etc.). 10. Issue date of the authorisation (dd-mm-yyyy). 11. Title, name and signature of the competent authority representative. In addition, an official stamp may be applied on the authorisation. Page 18 of 60  Annex III (Part-ORO) (26) Amendment of point (h) of ORO.GEN.110 Operator responsibilities to replace the term ‘aircraft manufacturer’ with ‘design approval holder’. ORO.GEN.110 Operator responsibilities (...) (h) The operator shall establish a checklist system for each aircraft type to be used by crew members in all phases of flight under normal, abnormal and emergency conditions to ensure that the operating procedures in the operations manual are followed. The design and utilisation of checklists shall observe human factors principles and take into account the latest relevant documentation from the design approval holder aircraft manufacturer. (…) (27) Insertion of a new point ((a)(2)) in ORO.GEN.205 Contracted activities in order to ensure that aviation safety hazards associated with contracting and purchasing are considered part of the operator’s management system. ORO.GEN.205 Contracted activities (a) The operator shall ensure that when contracting or purchasing any services as part of its activity,: (1) the contracted or purchased service or product conforms to the applicable requirements; and (2) any aviation safety hazards associated with contracted and purchased services are considered by the operator’s management system. (…) (28) Amendment of ORO.GEN.160 Occurrence reporting to replace the reference to Occurrence Reporting Directive with the reference to the Occurrence Reporting Regulation: ORO.GEN.160 Occurrence reporting (a) The operator shall report to the competent authority, and to any other organisation required by the State of the operator to be informed, any accident, serious incident and occurrence as defined in Regulation (EU) No 996/2010 of the European Parliament and of the Council and Regulation (EU) No 376/2014 Directive 2003/42/EC. (…) (c) Without prejudice to Regulation (EU) No 996/2010, Regulation (EU) No 376/2014 Directive 2003/42/EC, Commission Regulation (EC) No 1321/2007 and Commission Regulation (EC) No 1330/2007 , the reports Page 19 of 60  referred in paragraphs (a) and (b) shall be made in a form and manner established by the competent authority and contain all pertinent information about the condition known to the operator. (…) (29) Creation of a new section in Subpart ORO.GEN (Section 3) and insertion of a new rule ORO.GEN.310, as an outcome of RMT.0352, for the use of an aircraft included in an AOC by other operators, for operations in accordance with Part-NCC, Part-NCO or Part-SPO Section 3 Additional organisational requirements ORO.GEN.310 Use of aircraft included in an AOC for other-than-CAT operations (a) The aircraft included in an AOC may be used on a short-term basis by the same AOC holder or by other operators, for operations other-than-CAT, performed in accordance with Part-NCC, Part-NCO or Part- SPO (b) The AOC holder providing the aircraft and any other operator using the aircraft in accordance with point (a) shall have a procedure: (1) to clearly identify which operator is responsible for the operational control of each flight and to describe how the operational control is transferred between them; and (2) to describe how the handover of the aircraft is formalised upon its return to the AOC holder. This procedure shall be included in the operations manual of each operator or in a contract between the AOC holder and the other operator using the aircraft for other-than-CAT operations. The reference of the contract shall be mentioned in the AOC holder’s operations manual. The AOC holder and the other operators shall ensure that this procedure is communicated to the relevant personnel. (c) The AOC holder shall submit this procedure to the competent authority for prior approval in accordance with point (b) of ORO.GEN.130. The AOC holder shall agree with the competent authority on the means to inform them about each transfer of operational control. (d) The continuing airworthiness of the aircraft used under the terms set in this rule shall be managed by the continuing airworthiness management organisation (CAMO) of the AOC holder in accordance with M.A.201 of Annex I (Part-M) to Regulation (EU) No 1321/2014. (e) The AOC holder providing the aircraft shall: (1) indicate in its operations manual the registration marks of the aircraft which are used under the terms of point (a) and the type of operations conducted with those aircraft; (2) remain informed at all times and keep record of each operator that holds the operational control of the aircraft at any given moment until the aircraft is returned to the AOC holder; Page 20 of 60  (3) ensure that its hazard identification, risk assessment and mitigation measures address the other- than-CAT operations conducted by the AOC holder itself or by the other operators. (f) For operations performed in accordance with Part-NCC or Part-SPO, the operator using the aircraft under the terms of point (a) shall ensure that: (1) every flight conducted under its operational control is recorded in the aircraft technical log system; (2) no changes to the aircraft systems or configuration shall be made; (3) any defect or technical malfunction occurring while the aircraft is under its operational control is reported to the CAMO of the AOC holder; and (4) the AOC holder receives a copy of any occurrence report related to the flights performed with the aircraft, completed in accordance with Regulation (EU) 376/2014 and Commission Implementing Regulation (EU) 2015/10185. (30) Amendment of ORO.AOC.110 Leasing agreements as follows: (a) In point (a) to limit the prior approval requirement to lease agreements concerning aircraft registered in a third country and to remove the prior approval for lease agreements between EU operators, (b) point (f) has been amended to remove the prior approval to dry lease-out of an aircraft to a third-country operator and to require a notification for lease agreements not requiring a prior approval.. ORO.AOC.110 Leasing agreement Any lease-in Wet lease-in of an aircraft operated by a third-country operator (a) Without prejudice to Regulation (EC) No 1008/2008, any lease agreement concerning aircraft used by an operator certified in accordance with this Part shall be subject to prior approval by the competent authority. (a) Without prejudice to Regulation (EC) No 1008/2008, any wet lease-in of an aircraft operated by a third- country operator and used by an operator certified in accordance with this Part shall be subject to prior approval by the competent authority. (b) The operator certified in accordance with this Part shall not wet lease-in aircraft included in the list of operators subject to operational restrictions, registered in a State of which all operators under its oversight are subject to an operating ban or from an operator that is subject to an operating ban pursuant to Regulation (EC) No 2111/2005. Wet lease-in 5 Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow- up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18); and Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L 122, 24.4.2014, p. 18). Page 21 of 60 (c) The applicant for the approval of the wet lease-in of an aircraft from of a third-country operator shall demonstrate to the competent authority that: (1) the third-country operator holds a valid AOC issued in accordance with ICAO Annex 6; (2) the safety standards of the third-country operator with regard to continuing airworthiness and air operations are equivalent to the applicable requirements established by Regulation (EU) (EC) No 1321/2014 2042/2003 and this Regulation; and (3) the aircraft has a standard CofA issued in accordance with ICAO Annex 8. Dry lease-in (d) Without prejudice to Regulation (EC) No 1008/2008, any dry lease-in agreement of aircraft registered in a third country and operated by an operator certified in accordance with this Part shall be subject to prior approval by the competent authority. (d) (e) An applicant for the approval of the dry lease-in of an aircraft registered in a third country shall demonstrate to the competent authority that: (1) an operational need has been identified that cannot be satisfied through leasing an aircraft registered in the EU; (2) the duration of the dry lease-in does not exceed seven months in any 12 consecutive month period; and (3) compliance with the applicable requirements of Regulation (EU) No 1321/2014 is ensured; and (4) the aircraft is equipped in accordance with the EU regulations for Air Operations. (f) The operator certified in accordance with this Part shall not dry lease-in aircraft included in the list of operators subject to operational restrictions, registered in a State of which all operators under its oversight are subject to an operating ban or from an operator that is subject to an operating ban pursuant to Regulation (EC) No 2111/2005. Dry lease-out (e) The operator certified in accordance with this Part intending to dry lease-out one of its aircraft to a third-country operator shall apply for prior approval by the competent authority. The application shall be accompanied by copies of the intended lease agreement or description of the lease provisions, except financial arrangements, and all other relevant documentation. Notification of lease agreements not requiring prior approval Wet lease-out (f) (g) Prior to the wet lease-out of an aircraft, the operator certified in accordance with this Part shall notify the competent authority. The operator shall notify the competent authority prior to the entry of: (1) a dry lease-out agreement of an aircraft to a third county operator; (2) a wet lease-out agreement of an aircraft to a third-country operator; or (3) any lease agreement between operators certified in accordance with this Part. (…) Page 22 of 60 (31) Amendment of ORO.AOC.125, as an outcome of RMT.0352, to clarify how to proceed with the non- commercial operations of aircraft included in an AOC ORO.AOC.125 Non-commercial operations of aircraft listed in the operations specifications by the holder of an AOC Non-commercial operations of an AOC holder with aircraft included in its AOC (a) The holder of an AOC holder may conduct non-commercial operations in accordance with Part-NCC or Part-NCO with an aircraft otherwise used for commercial air transport operations that is listed in the operations specifications of its AOC or in its operations manual, provided that the AOC holder the operator describes such operations in detail in the operations manual, including: (1i) identification of the applicable requirements; (2ii) a description clear identification of any differences between operating procedures used when conducting commercial air transport and non-commercial operations; and (3iii) a means of ensuring that all personnel involved in the operation are fully familiar with the associated procedures. (2) submits the identified differences between the operating procedures referred to in (a)(1)(ii) to the competent authority for prior approval. (b) An AOC holder conducting operations referred to in point (a) shall not be required to submit a declaration in accordance with this Part. (c) The AOC holder shall specify the type of flight, as listed in its operations manual, in the flight-related documents (operational flight plan, loadsheet, and other equivalent documents). (32) Amendment of point (a)(4) of ORO.AOC.135 Personnel requirements to provide the correct reference to the current Continuing Airworthiness Regulation and to include reference to persons responsible for the continuing airworthiness management contract in line with the current Continuing Airworthiness Regulation. ORO.AOC.135 Personnel requirements (a) In accordance with ORO.GEN.210(b), the operator shall nominate persons responsible for the management and supervision of the following areas: (1) flight operations; (2) crew training; (3) ground operations; and (4) continuing airworthiness or for the continuing airworthiness management contract in accordance with Regulation (EU) (EC) No 1321/20142042/2003., as the case may be. (…) Page 23 of 60 (33) Amendment of points (c)(1)(i) and (c)(2)(iii) of ORO.SPO.100 Common requirements for commercial specialised operators to provide the correct reference to the current Continuing Airworthiness Regulation. ORO.SPO.100 Common requirements for commercial specialised operators (…) (c) A commercial specialised operator shall obtain prior approval of the competent authority and comply with the following conditions, if: (1) Wet leasing-in an aircraft of a third-country operator: (i) The safety standards of a third-country operator with regard to continuing airworthiness and air operations are equivalent to the applicable requirements established by Regulation (EU) (EC) No 1321/2014 2042/2003 and this Regulation; (ii) The aircraft of a third-country operator has a standard CofA issued in accordance with ICAO Annex 8; (iii) The duration of the wet lease-in does not exceed seven months in any 12 consecutive month period; or (2) Dry leasing-in an aircraft registered in a third country: (i) An operational need has been identified that cannot be satisfied through leasing an aircraft registered in the EU; (ii) The duration of the dry lease-in does not exceed seven months in any 12 consecutive month period; (iii) Compliance with the applicable requirements of Regulation (EU) (EC) No 1321/2014 2042/2003 is ensured; (iv) The aircraft is equipped in accordance with Annex VIII [Part SPO]. (…) (34) Amendment of point (b) of ORO.SEC.100 Flight crew compartment security — aeroplanes to delete the commas after ‘45 500 kg’ and before ‘shall be equipped’, and to add the term ‘secure’ before ‘flight crew compartment’. Moreover, points (b) and (c) are merged into one point, since point (c) also applies to passenger-carrying aeroplanes with either an MCTOM exceeding 45 500 kg or with an MOPSC of more than 60 engaged in the commercial transportation of passengers. ORO.SEC.100 Flight crew compartment security – aeroplanes (a) In an aeroplane which is equipped with a flight crew compartment door, this door shall be capable of being locked, and means shall be provided by which the cabin crew can notify the flight crew in the event of suspicious activity or security breaches in the cabin. (b) All passenger-carrying aeroplanes of a maximum certificated take-off mass exceeding 45 500 kg, or with an MOPSC of more than 60 engaged in the commercial transportation of passengers, shall be equipped Page 24 of 60  with an approved secure flight crew compartment door that is capable of being locked and unlocked from either pilot's station and designed to meet the applicable airworthiness requirements. (c) In all aeroplanes, which are equipped with a flight crew compartment door in accordance with point (b) above: (1) tThis door shall be closed prior to engine start for take-off and will be locked when required by security procedures or by the pilot-in-command until engine shut down after landing, except when deemed necessary for authorised persons to access or egress in compliance with national civil aviation security programmes; and (2) mMeans shall be provided for monitoring from either pilot's station the entire door area outside the flight crew compartment to identify persons requesting entry and to detect suspicious behaviour or potential threat. (35) Amendment of ORO.MLR.101 Operations manual — structure for commercial air transport to correct an editorial error. This implementing rule applies to certain operations with an MOPSC of 5 or less. ORO.MLR.101 Operations manual — structure for commercial air transport Except for operations with single-engined propeller-driven aeroplanes with an MOPSC of 5 or less or single engined non-complex helicopters with an MOPSC of 5 or less, taking off and landing at the same aerodrome or operating site, under VFR by day, and for operations with sailplanes and balloons, the main structure of the OM shall be as follows: (a) Part A: General/Basic, comprising all non-type-related operational policies, instructions and procedures; (b) Part B: Aircraft operating matters, comprising all type-related instructions and procedures, taking into account differences between types/classes, variants or individual aircraft used by the operator; (c) Part C: Commercial air transport operations, comprising route/role/area and aerodrome/operating site instructions and information; (d) Part D: Training, comprising all training instructions for personnel required for a safe operation. (36) Amendment of point (b)(2) of ORO.FC.005 Scope to correct an editorial error and to ensure that the rule correctly refers to an MOPSC of 5 or less . ORO.FC.005 Scope This Subpart establishes requirements to be met by the operator related to flight crew training, experience and qualification and comprises: (…) (b) SECTION 2 specifying additional requirements applicable to commercial air transport operations, with the exception of: (1) commercial air transport operations of sailplanes or balloons; or Page 25 of 60  (2) commercial air transport operations of passengers conducted under visual flight rules (VFR) by day, starting and ending at the same aerodrome or operating site and within a local area specified by the competent authority, with – single-engined propeller-driven aeroplanes having a maximum certified take-off mass of 5 700 kg or less and an MOPSC of 5 or less, or – other-than complex motor-powered helicopters, single-engined, with an MOPSC of 5 or less. (c) SECTION 3 specifying additional requirements for commercial specialised operations and for those referred to in b(1) and (2). (37) Amendment of point (d) of ORO.FC.105 Designation as pilot-in-command/commander to correct an editorial error and to ensure that the rule correctly refers to an MOPSC of 5 or less . ORO.FC.105 Designation as pilot-in-command/commander (…) (d) Point (c) shall not apply in the case of: (1) performance class B aeroplanes involved in commercial air transport operations under VFR by day; and (2) commercial air transport operations of passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site or within a local area specified by the competent authority, with other-than complex motor-powered helicopters, single-engined, with an MOPSC of 5 or less. (38) Amendment of ORO.CC.100 with the addition of a new point (d), as an outcome of RMT.0352, to enable non-commercial operation with no cabin crew on board aircraft with an MOPSC above 19 but with maximum 19 passengers: ORO.CC.100 Number and composition of cabin crew (a) The number and composition of cabin crew shall be determined in accordance with 7.a of Annex IV to Regulation (EC) No 216/2008, taking into account operational factors or circumstances of the particular flight to be operated. Except for balloons and for operations with aircraft referred to in point (d), at least one cabin crew member shall be assigned for the operation of aircraft with an MOPSC of more than 19 when carrying one or more passenger(s). (…) (d) With the exception of operations conducted in accordance with Part-SPO, non-commercial operations with an aircraft having an MOPSC of more than 19 may be conducted without an operating cabin crew member if the following conditions are met: (1) there are maximum 19 passengers on board; (2) the relevant data contained in the type certificate data sheet (TCDS) or in the supplemental type certificate (STC) of the aircraft cabin configuration used by the operator do not specify otherwise; and Page 26 of 60  (3) the operator applies safety and emergency procedures specifically developed for this kind of operation. These procedures shall include passenger seating and briefing appropriate to the level of familiarisation with safety and emergency procedures of the passengers carried on board. (39) Amendment of points (a), (b), (c), and addition of a new point (d) in ORO.CC.205 Reduction of the number of cabin crew. ORO.CC.205 Reduction of the number of cabin crew during ground operations and in unforeseen circumstances (a) Whenever any passengers are on board an aircraft, the minimum number of cabin crew required in accordance with ORO.CC.100 shall be present in the aircraft passenger compartment and ready to act including in other compartments. (b) Subject to the conditions specified in (c) or (d), this number may be reduced either: (1) during normal ground operations not involving refuelling/defuelling when the aircraft is at its parking station; or (2) in unforeseen circumstances if the number of passengers carried on the flight is reduced. In this case, a report shall be submitted to the competent authority after completion of the flight; or (3) for the purpose of providing in-flight rest during the cruise phase, either in accordance with ORO.FTL.205(e) or as a fatigue mitigation implemented by the operator. (c) Conditions The following conditions apply for the purpose of (b)(1) or (2) above: (1) procedures ensuring that an equivalent level of safety is achieved with the reduced number of cabin crew, in particular for evacuation of passengers, are established in the operations manual; (2) the reduced cabin crew includes a senior cabin crew member as specified in ORO.CC.200; (3) at least one cabin crew member is required for every 50, or fraction of 50, passengers present on the same deck of the aircraft; (4) in the case of normal ground operations with aircraft requiring more than one cabin crew member, the number determined in accordance with (c)(3) shall be increased to include one cabin crew member per pair of floor level emergency exits. (d) For the purpose of (b)(3), the operator shall: (1) conduct a risk assessment to determine the number of cabin crew members who shall be present and ready to act at all times during cruise; (2) identify measures to mitigate the effects of having a lower number of cabin crew being present and ready to act during cruise; (3) establish in the operations manual specific procedures, including for the in-flight rest of the senior cabin crew member, that ensure at all times appropriate passenger handling and efficient management of any abnormal or emergency situations; and (4) specify, in the flight time specification scheme in accordance with ORO.FTL.125, the conditions under which in-flight rest may be provided to the cabin crew. Page 27 of 60 (40) Amendment of Appendix I to Annex IV (Part-ORO) as follows: (i) Include information on the principal place of business of the operator (ii) The reference to the continuing airworthiness management organisation (CAMO) has been deleted and moved to a table, listing the respective CAMO for each aircraft, since one operator might have different CAMOs for different aircraft. (iii) The amended Appendix I now enables the declaring operator to inform the CA about the type of operations conducted with each aircraft. This is important since many different forms of specialised operations can be conducted by one single operator and different CAMOs could be responsible for different aircraft. Appendix I DECLARATION in accordance with Commission Regulation (EUC) No 965/2012 on Aair operations Operator Name: Place in which the operator has its principal place of business or, if the operator has no principal place of business, place in which the operator is established or residing and place from which the operations are directed: Name and contact details of the accountable manager: Continuing airworthiness management organisation in accordance with Regulation (EC) No 2042/2003 Name and address of the organisation and approval reference (as per EASA Form 14) Aircraft operation Starting date of operation/applicability date of the change: Type(s) of operation: ⎕ Part-NCC: (specify if passenger and/or cargo) ⎕ Part-SPO: (specify which type of activity) Type(s) of aircraft, registration(s) and main base Information on aircraft, operation and continuing airworthiness management organisation1: Aircraft Aircraft type Aircraft Main base Type(s) of Continuing airworthiness MSN registration2 operation3 management organisation4 Page 28 of 60 Details of approvals held (attach list of specific approvals to the declaration, if applicable). The specific approvals granted by a non-EU State may be added at the end of the list. Details of specialised operations authorisation held (attach authorisations, if applicable) List of alternative means of compliance with references to the AMCs they replace (attach to the declaration) Statements ⎕ The management system documentation including the operations manual reflects the applicable requirements set out in Part-ORO, Part-NCC, or Part-SPO and Part-SPA. All flights will be carried out in accordance with the procedures and instructions specified in the operations manual. ⎕ All aircraft operated hold a valid certificate of airworthiness and comply with Commission Regulation (EC) No 216/2008 2042/2003. ⎕ All flight crew members and cabin crew members as applicable, are trained in accordance with the applicable requirements. ⎕ (If applicable) The operator has implemented and demonstrated conformance to an officially recognised industry standard. Reference of the standard: Certification body: Date of the last conformance audit: ⎕ Any change in the operation that affects the information disclosed in this declaration will be notified to the competent authority. ⎕ The operator confirms that the information disclosed in this declaration is correct. Date, name and signature of the accountable manager 1. Complete the table. If there is not enough space to list the information in the space below, the information shall be listed in a separate annex. The annex shall be dated and signed. 2. If the aircraft is also registered on an AOC, specify the AOC number. Page 29 of 60 3. ‘Type(s) of operation’ refers to operations conducted with this aircraft, e.g. non-commercial operations or specialised operations such as aerial photography flights, aerial advertising flights, news media flights, television and movie flights, parachute operations, skydiving, etc. 4. Information about the organisation responsible for the continuing airworthiness management includes the name of the organisation, the address and the approval reference. Page 30 of 60  Annex IV (Part-CAT) (41) Amendment of CAT.GEN.MPA.105 Responsibilities of the commander as follows: (i) Amendment of point (a)(12) to provide the correct reference to the current Continuing Airworthiness Regulation. (ii) Insertion of a new point ((a)(14)) to ensure that the obligation of the commander to report defects into the aircraft technical log book is also reflected in Part-CAT as it is already reflected in Parts NCC, NCO and SPO. (iii) Insertion of a new point (e) to mirror the requirements in NCC.GEN.106, NCO.GEN.105 and SPO.GEN.107 for the commander to report to the appropriate air traffic services (ATS) unit any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft. CAT.GEN.MPA.105 Responsibilities of the commander (a) The commander, in addition to complying with CAT.GEN.MPA.100, shall: (...) (12) ensure that the pre-flight inspection has been carried out in accordance with the requirements of Annex I (Part-M) to Regulation (EU) (EC) No 1321/2014 2042/2003; (13) be satisfied that relevant emergency equipment remains easily accessible for immediate use.; (14) record at the termination of the flight utilisation data and all known or suspected defects of the aircraft in the aircraft technical log or journey log of the aircraft to ensure continued flight safety. (..) (e) The commander shall, as soon as possible, report to the appropriate air traffic services (ATS) unit any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft. (…) (42) Replacement of the outdated term ‘airworthiness code’ by the term ‘certification specification’ in CAT.GEN.MPA.150 Ditching — aeroplanes. CAT.GEN.MPA.150 Ditching — aeroplanes The operator shall only operate an aeroplane with a passenger seating configuration of more than 30 on overwater flights at a distance from land suitable for making an emergency landing, greater than 120 minutes at cruising speed, or 400 NM, whichever is less, if the aeroplane complies with the ditching provisions prescribed in the applicable airworthiness code. certification specification(s). (…) Page 31 of 60 (43) Amendment of point (a)(10) of CAT.GEN.MPA.180 Documents, manuals and information to be carried to provide the correct reference to the current Continuing Airworthiness Regulation. CAT.GEN.MPA.180 Documents, manuals and information to be carried (a) The following documents, manuals and information shall be carried on each flight, as originals or copies unless otherwise specified: (…) (10) the aircraft technical log, in accordance with Annex I (Part-M) to Regulation (EU) (EC) No 1321/2014 2042/2003; (…) (44) Amendment of point (a)(8) of CAT.GEN.NMPA.100 Responsibilities of the commander has been amended to provide the correct reference to the current Continuing Airworthiness Regulation. CAT.GEN.NMPA.100 Responsibilities of the commander (a) The commander shall: (…) (8) ensure that the pre-flight inspection has been carried out in accordance with the requirements of Annex I (Part-M) to Regulation (EU) (EC) No 1321/2014 2042/2003; (…) (45) Amendment of point (a)(10) of CAT.GEN.NMPA.140 Documents, manuals and information to be carried to provide the correct reference to the current Continuing Airworthiness Regulation. CAT.GEN.NMPA.140 Documents, manuals and information to be carried (a) The following documents, manuals and information shall be carried on each flight, as originals or copies unless otherwise specified: (…) (10) the aircraft technical log, in accordance with Annex I (Part-M) to Regulation (EU) (EC) No 1321/2014 2042/2003, if applicable; (…) (46) Point (b) of CAT.OP.MPA.170 Passenger briefing is amended as follows: CAT.OP.MPA.170 Passenger briefing The operator shall ensure that passengers are: (…) (b) provided with a safety briefing card on which picture-type instructions indicate the operation of safety and emergency equipment and exits likely to be used by passengers. Page 32 of 60 (…) (47) Deletion of the term ‘aircraft’ and replacement with the term ‘aeroplane’ in CAT.OP.MPA.320, because this rule is not applicable to helicopters, which do not have Vso/Vat speeds, and aircraft categories are only used for the determination of aeroplane minima. CAT.OP.MPA.320 Aircraft Aeroplane categories (a) Aircraft Aeroplane categories shall be based on the indicated airspeed at threshold (VAT) which is equal to the stalling speed (VSO) multiplied by 1.3 or one-g (gravity) stall speed (VS1g) multiplied by 1.23 in the landing configuration at the maximum certified landing mass. If both VSO and VS1g are available, the higher resulting VAT shall be used. (b) The aircraft aeroplane categories specified in the table below shall be used. Table 1: Aircraft Aeroplane categories corresponding to VAT values Aeroplane VAT AT Aircraft category A Less than 91 kt B From 91 to 120 kt C From 121 to 140 kt D From 141 to 165 kt E From 166 to 210 kt (…) (48) Amendment of point (b) in CAT.IDE.A.100 to align the wording with that in Part-SPO, and to avoid inconsistencies with Part-SPA. CAT.IDE.A.100 Instruments and equipment — general (…) (b) Instruments and equipment not required by this Subpart that do not need to be approved in accordance with the applicable airworthiness requirements Part as well as any other equipment which is not required by this Regulation, but are carried on a flight, shall comply with the following: (…) (49) Addition of the rule reference in point (b) of CAT.IDE.A.105 in order to ensure clarity. CAT.IDE.A.105 Minimum equipment for flight A flight shall not be commenced when any of the aeroplane’s instruments, items of equipment or functions required for the intended flight are inoperative or missing, unless: Page 33 of 60 (a) the aeroplane is operated in accordance with the operator’s MEL; or (b) the operator is approved by the competent authority to operate the aeroplane within the constraints of the master minimum equipment list (MMEL) in accordance with ORO.MLR.105(j). (50) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in points (a)(1)(iii) and (b)(1) of CAT.IDE.A.125 Operations under VFR by day — flight and navigational instruments and associated equipment. CAT.IDE.A.125 Operations under VFR by day — flight and navigational instruments and associated equipment (a) Aeroplanes operated under VFR by day shall be equipped with the following equipment, available at the pilot’s station: (1) A means of measuring and displaying: (i) Magnetic heading; (ii) Time in hours, minutes, and seconds; (iii) Pressure Barometric altitude; (…) (b) Whenever two pilots are required for the operation, an additional separate means of displaying the following shall be available for the second pilot: (1) Pressure Barometric altitude; (…) (51) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in points (b) and (h)(1) of CAT.IDE.A.130 Operations under IFR or at night — flight and navigational instruments and associated equipment. CAT.IDE.A.130 Operations under IFR or at night — flight and navigational instruments and associated equipment Aeroplanes operated under VFR at night or under IFR shall be equipped with the following equipment, available at the pilot’s station: (…) (b) Two means of measuring and displaying pressure barometric altitude. (…) (h) Whenever two pilots are required for the operation, a separate means of displaying for the second pilot: (1) Pressure Barometric altitude; (…) Page 34 of 60 (52) Amendment of CAT.IDE.A.205 Seats, seat safety belts, restraint systems and child restraint devices to provide clarification of the mass and seating configuration determining the applicability of the rule CAT.IDE.A.205 Seats, seat safety belts, restraint systems and child restraint devices (a) Aeroplanes shall be equipped with: (1) a seat or berth for each person on board who is aged 24 months or more; (2) a seat belt on each passenger seat and restraining belts for each berth except as specified in (3); (3) a seat belt with upper torso restraint system on each passenger seat and restraining belts on each berth in the case of aeroplanes with an MCTOM of less than 5700 kg or less and with an MOPSC of less than nine or less, having an individual CofA first issued on or after 8 April 2015; (…) (b) A seat belt with upper torso restraint system shall have: (1) a single point release; (2) on the seats for the minimum required cabin crew, two shoulder straps and a seat belt that may be used independently; and (3) on flight crew seats and on any seat alongside a pilot’s seat: (i) two shoulder straps and a seat belt that may be used independently; or (ii) a diagonal shoulder strap and a seat belt that may be used independently for the following aeroplanes: (A) aeroplanes with an MCTOM of less than 5 700 kg or less and with an MOPSC of less than nine or less that are compliant with the emergency landing dynamic conditions defined in the applicable certification specification; (B) aeroplanes with an MCTOM of less than 5 700 kg or less and with an MOPSC of less than nine or less that are not compliant with the emergency landing dynamic conditions defined in the applicable certification specification and having an individual CofA first issued before 28 October 2014; and (C) aeroplanes certified in accordance with CS-VLA or equivalent and CS-LSA or equivalent. (…) (53) Amendment of point (d) of CAT.IDE.A.245 Crew protective breathing equipment, to include a more precise rule reference for clarity. CAT.IDE.A.245 Crew protective breathing equipment (…) (b) A PBE intended for flight crew use shall be installed in the flight crew compartment and be accessible for immediate use by each required flight crew member at his/her assigned station. Page 35 of 60 (c) A PBE intended for cabin crew use shall be installed adjacent to each required cabin crew member station. (d) Aeroplanes shall be equipped with an additional portable PBE installed adjacent to the hand fire extinguisher referred to in CAT.IDE.A.250 (b) and (c), or adjacent to the entrance of the cargo compartment, in case the hand fire extinguisher is installed in a cargo compartment. (…) (54) Replacement of the outdated term ‘airworthiness code’ with the term ‘certification specification’ in points (c) and (d) of CAT.IDE.A.275 Emergency lighting and marking. CAT.IDE.A.275 Emergency lighting and marking (…) (c) In the case of aeroplanes with an MOPSC of 19 or less and type certified on the basis of the Agency’s airworthiness code. certification specification, the emergency lighting system, referred to in (a) shall include the equipment referred to in (b)(1) to (3). (d) In the case of aeroplanes with an MOPSC of 19 or less that are not certified on the basis of the Agency’s airworthiness code. certification specification, the emergency lighting system, referred to in (a) shall include the equipment referred to in (b)(1). (…) (55) Amendment of point (c) of CAT.IDE.A.345 Communication and navigation equipment for operations under IFR or under VFR over routes not navigated by reference to visual landmarks changing the terminology due to ICAO redesignation of the NAT airspace as a high-level airspace. CAT.IDE.A.345 Communication and navigation equipment for operations under IFR or under VFR over routes not navigated by reference to visual landmarks (a) Aeroplanes operated under IFR or under VFR over routes that cannot be navigated by reference to visual landmarks shall be equipped with radio communication and navigation equipment in accordance with the applicable airspace requirements. (b) Radio communication equipment shall include at least two independent radio communication systems necessary under normal operating conditions to communicate with an appropriate ground station from any point on the route, including diversions. (c) Notwithstanding (b), aeroplanes operated for short haul operations in the North Atlantic high-level airspace minimum navigation performance specifications (NAT HLA MNPS) airspace and not crossing the North Atlantic shall be equipped with at least one long range communication system, in case alternative communication procedures are published for the airspace concerned. (…) Page 36 of 60 (56) Replacement of the term ‘weight’ by the correct term ‘mass’ in point (c)(1) of CAT.IDE.A.285 Flight over water. CAT.IDE.A.285 Flight over water (…) (c) Seaplanes operated over water shall be equipped with: (1) a sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the seaplane on water, appropriate to its size, weight mass and handling characteristics; and (…) (57) Amendment of CAT.IDE.H.100 Instruments and equipment — general as follows:  Deletion of the term ‘spare fuses’ for helicopter operations in point (a)(1).  Amendment of point (b) of CAT.IDE.H.100 to align the wording with that in Part-SPO and to avoid inconsistencies with Part-SPA. CAT.IDE.H.100 Instruments and equipment — general (a) Instruments and equipment required by this Subpart shall be approved in accordance with the applicable airworthiness requirements, except for the following items: (1) Spare fuses; (12) Independent portable lights; (23) An accurate time piece; (34) Chart holder; (45) First-aid kit; (56) Megaphones; (67) Survival and signalling equipment; (78) Sea anchors and equipment for mooring; and (89) Child restraint devices. (b) Instruments and equipment not required by this Subpart that do not need to be approved in accordance with the applicable airworthiness requirements Part as well as any other equipment which is not required by this Regulation, but are carried on a flight, shall comply with the following: (…) Page 37 of 60 (58) Amendment of point (b) of CAT.IDE.H.105 in order to add the correct rule reference to ensure clarity. CAT.IDE.H.105 Minimum equipment for flight A flight shall not be commenced when any of the helicopter’s instruments, items of equipment or functions required for the intended flight are inoperative or missing, unless: (a) the helicopter is operated in accordance with the operator’s MEL; or (b) the operator is approved by the competent authority to operate the helicopter within the constraints of the MMEL in accordance with ORO.MLR.105 (j). (59) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in points (a)(1)(iii) and (b)(1) of CAT.IDE.H.125 Operations under VFR by day — flight and navigational instruments and associated equipment. CAT.IDE.H.125 Operations under VFR by day — flight and navigational instruments and associated equipment (a) Helicopters operated under VFR by day shall be equipped with the following equipment, available at the pilot’s station: (1) A means of measuring and displaying: (i) Magnetic heading; (ii) Time in hours, minutes, and seconds; (iii) Pressure Barometric altitude; (…) (b) Whenever two pilots are required for the operation, an additional separate means of displaying the following shall be available for the second pilot: (1) Pressure Barometric altitude; (..) (60) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in points (b) and (h)(1) of CAT.IDE.H.130 Operations under IFR or at night — flight and navigational instruments and associated equipment. CAT.IDE.H.130 Operations under IFR or at night — flight and navigational instruments and associated equipment Helicopters operated under VFR at night or under IFR shall be equipped with the following equipment, available at the pilot’s station: (…) Page 38 of 60 (b) Two means of measuring and displaying pressure barometric altitude. For single-pilot operations under VFR at night one pressure altimeter may be substituted by a radio altimeter. (…) (h) Whenever two pilots are required for the operation, a separate means for displaying for the second pilot: (1) Pressure Barometric altitude; (2) Indicated airspeed; (3) Vertical speed; (4) Slip; (5) Attitude; and (6) Stabilised heading. (…) (61) Replacement of the term ‘weight’ with the correct term ‘mass’ in point (a) of CAT.IDE.H.315 Helicopters certified for operating on water — miscellaneous equipment. CAT.IDE.H.315 Helicopters certified for operating on water — miscellaneous equipment Helicopters certified for operating on water shall be equipped with: (a) a sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the helicopter on water, appropriate to its size, weight mass and handling characteristics; and (…) (62) Replacement of the outdated term ‘airworthiness code’ with the term ‘certification specification’ in points (a) and (b) of CAT.IDE.H.320 All helicopters on flights over water — ditching. CAT.IDE.H.320 All helicopters on flights over water — ditching (a) Helicopters shall be designed for landing on water or certified for ditching in accordance with the relevant airworthiness code. certification specification when operated in performance class 1 or 2 on a flight over water in a hostile environment at a distance from land corresponding to more than 10 minutes flying time at normal cruise speed. (b) Helicopters shall be designed for landing on water or certified for ditching in accordance the relevant airworthiness code. certification specification or fitted with emergency flotation equipment when operated in: (1) performance class 1 or 2 on a flight over water in a non-hostile environment at a distance from land corresponding to more than 10 minutes flying time at normal cruise speed; (2) performance class 2, when taking off or landing over water, except in the case of helicopter emergency medical services (HEMS) operations, where for the purpose of minimising exposure, Page 39 of 60  the landing or take-off at a HEMS operating site located in a congested environment is conducted over water; (3) performance class 3 on a flight over water beyond safe forced landing distance from land. (…) Page 40 of 60  Annex V (Part-SPA) (63) Amendment of point (a) of SPA.GEN.100 Competent authority, to cater for the scenario where the non-commercial operator has a principal place of business, is established or residing. Also amending point (b) to include low visibility operations (LVO). SPA.GEN.100 Competent authority (a) The competent authority for issuing a specific approval shall be: (1) for the commercial operator, the authority of the Member State in which the operator has its principal place of business; (2) for the non-commercial operator, the authority of the State in which the operator has its principal place of business, is established or residing. (b) Notwithstanding (a)(2), for the non-commercial operator using aircraft registered in a third country, the applicable requirements under this Annex for the approval of the following operations shall not apply if these approvals are issued by a third-country State of Registry: (1) Performance-based navigation (PBN); (2) Minimum operational performance specifications (MNPS); (3) Reduced vertical separation minima (RVSM) airspace;. (4) Low visibility operations (LVO). (...) (64) Amendment of point (e) of SPA.DG.110 Dangerous goods information and documentation to include a recent update of ICAO’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (TI 2013–2014, Part 7, 4.1.8). SPA.DG.110 Dangerous goods information and documentation The operator shall, in accordance with the Technical Instructions: (…) (e) ensure that a copy of the information to the pilot-in-command/commander is retained on the ground and that this copy, or the information contained in it, is readily accessible to the flight operations officer, flight dispatcher, or the designated ground personnel responsible for their part of the flight operations aerodromes of last departure and next scheduled arrival, until after the completion of the flight to which the information refers; (…) Page 41 of 60 (65) Amendment of point (a) of SPA.NVIS.110 Equipment requirements for NVIS operations to provide the correct reference to the current Initial Airworthiness Regulation, and amendment of point (b) to correct an editorial error. SPA.NVIS.110 Equipment requirements for NVIS operations (a) Before conducting NVIS operations each helicopter and all associated NVIS equipment shall have been issued with the relevant airworthiness approval in accordance with Regulation (EU) (EC) No 748/2012 1702/20036. (b) Radio altimeter. The helicopter shall be equipped with a radio altimeter capable of emitting an audio warning below a pre-set height and an audio and visual warning at a height selectable by the pilot, instantly discernaible during all phases of NVIS flight. (…) (66) Amendment of SPA.HHO.110 Equipment requirements for HHO as follows:  Amendment of point (b) to provide the correct reference to the current Continuing Airworthiness Regulation.  Amendment of point (a) to clarify which PCDSs require an airworthiness approval and which ones do not. SPA.HHO.110 Equipment requirements for HHO (a) The installation of all helicopter hoist equipment other than simple PCDSs, including any radio equipment to comply with SPA.HHO.115, and any subsequent modifications, shall have an airworthiness approval appropriate to the intended function. Ancillary equipment shall be designed and tested to the appropriate standard as required by the competent authority. (b) Maintenance instructions for HHO equipment and systems shall be established by the operator in liaison with the manufacturer and included in the operator’s helicopter maintenance programme as required by Regulation (EUC) No 1321/2014 2042/2003. 6 OJ L 224, 21.8.2012, p. 1. Page 42 of 60  Annex VI (Part-NCC) (67) Amendment of NCC.GEN.100 Competent authority, to clarify that the rule also applies in those cases where the non-commercial operator is established in the Member State. NCC.GEN.100 Competent authority The competent authority shall be the authority designated by the Member State in which the operator has its principal place of business, is established or is residing. (68) Addition of the new rule NCC.GEN.101, as an outcome of RMT.0352, to ensure that the provisions in ORO.GEN.310 referring to the use of aircraft included in an AOC for other-than-CAT operations are applicable also to flight training organisations that are required to comply with Part-NCC NCC.GEN.101 Additional requirements for flight training organisations Approved training organisations that need to comply with this Part shall also comply with ORO.GEN.310, as applicable. (69) Amendment of point (c) of NCC.IDE.A.100 to align the wording with that in Part-SPO and to avoid inconsistencies with Part-SPA. NCC.IDE.A.100 Instruments and equipment — general (...) (c) Instruments and equipment not required by this Subpart Part as well as any other equipment which is not required by this Regulation other applicable Annexes, but is are carried on a flight, shall comply with the following: (1) the information provided by these instruments, equipment or accessories shall not be used by the flight crew to comply with Annex I to Regulation (EC) No 216/2008 or NCC.IDE.A.245 and NCC.IDE.A.250; and (2) the instruments and equipment shall not affect the airworthiness of the aeroplane, even in the case of failures or malfunction. (…) (70) Addition of the rule reference in point (b) of NCC.IDE.A.105 in order to ensure clarity. NCC.IDE.A.105 Minimum equipment for flight A flight shall not be commenced when any of the aeroplane’s instruments, items of equipment, or functions, required for the intended flight are inoperative or missing, unless: (a) the aeroplane is operated in accordance with the operator’s minimum equipment list (MEL); (b) the operator is approved by the competent authority to operate the aeroplane within the constraints of the master minimum equipment list (MMEL) in accordance with ORO.MLR.105 (j); or Page 43 of 60 (…) (71) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in points (a)(3) and (c)(1) of NCC.IDE.A.120 Operations under VFR — flight and navigational instruments and associated equipment. NCC.IDE.A.120 Operations under VFR — flight and navigational instruments and associated equipment (a) Aeroplanes operated under VFR by day shall be equipped with a means of measuring and displaying the following: (1) magnetic-heading; (2) time in hours, minutes and seconds; (3) pressure barometric altitude; (…) (c) Whenever two pilots are required for the operation, aeroplanes shall be equipped with an additional separate means of displaying the following: (1) pressure barometric altitude; (…) (72) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in points (a)(3) and (c)(1) of NCC.IDE.A.125 Operations under IFR — flight and navigational instruments and associated equipment. NCC.IDE.A.125 Operations under IFR — flight and navigational instruments and associated equipment Aeroplanes operated under IFR shall be equipped with: (a) a means of measuring and displaying the following: (1) magnetic heading; (2) time in hours, minutes and seconds; (3) pressure barometric altitude; (…) (c) whenever two pilots are required for the operation, an additional separate means of displaying for the second pilot: (1) pressure barometric altitude; (…) Page 44 of 60 (73) Amendment of point (b) in NCC.IDE.A.180 Seats, seat safety belts, restraint systems and child restraint devices to provide clarification of the mass and seating configuration determining the applicability of the rule. NCC.IDE.A.180 Seats, seat safety belts, restraint systems and child restraint devices (…) (b) A seat belt with upper torso restraint system shall have: (…) (3) on flight crew seats and on any seat alongside a pilot's seat: (i) two shoulder straps and a seat belt that may be used independently; or (ii) a diagonal shoulder strap and a seat belt that may be used independently for the following aeroplanes: (A) aeroplanes with an MCTOM of less than 5 700 kg or less and with an MOPSC of less than nine or less that are compliant with the emergency landing dynamic conditions defined in the applicable certification specification; (B) aeroplanes with an MCTOM of less than 5 700 kg or less and with an MOPSC of less than nine or less that are not compliant with the emergency landing dynamic conditions defined in the applicable certification specification and having an individual CofA first issued before 25 August 2016. (….) (74) Amendment of point (c) of NCC.IDE.H.100 to align the wording with that in Part-SPO and to avoid inconsistencies with Part-SPA. NCC.IDE.H.100 Instruments and equipment — general (c) Instruments and equipment not required by this Subpart Part as well as any other equipment which is not required by this Regulation other applicable Annexes, but is are carried on a flight, shall comply with the following: (1) the information provided by these instruments, equipment or accessories shall not be used by the flight crew to comply with Annex I to Regulation (EC) No 216/2008 or NCC.IDE.H.245 and NCC.IDE.H.250; and (2) the instruments and equipment shall not affect the airworthiness of the helicopter, even in the case of failures or malfunction. (75) Addition of the rule reference in point (b) of NCC.IDE.H.105 in order to ensure clarity. NCC.IDE.H.105 Minimum equipment for flight A flight shall not be commenced when any of the helicopter’s instruments, items of equipment or functions required for the intended flight are inoperative or missing, unless: (a) the helicopter is operated in accordance with the operator’s minimum equipment list (MEL); Page 45 of 60 (b) the operator is approved by the competent authority to operate the helicopter within the constraints of the master minimum equipment list (MMEL) in accordance with ORO.MLR.105 (j); or (…) (76) Replacement of the term ‘pressure altitude’ by the term ‘barometric altitude’ in point (a)(3) and in point (c)(1) of NCC.IDE.H.120 Operations under VFR — flight and navigational instruments and associated equipment. NCC.IDE.H.120 Operations under VFR — flight and navigational instruments and associated equipment (a) Helicopters operated under VFR by day shall be equipped with a means of measuring and displaying the following: (1) magnetic heading; (2) time in hours, minutes and seconds; (3) pressure barometric altitude; (…) (c) Whenever two pilots are required for the operation, helicopters shall be equipped with an additional separate means of displaying the following: (1) pressure barometric altitude; (…) (77) Replacement of the term ‘pressure altitude’ by the term ‘barometric altitude’ in point (a)(3) and in point (c)(1) of NCC.IDE.H.125 Operations under IFR — flight and navigational instruments and associated equipment. NCC.IDE.H.125 Operations under IFR — flight and navigational instruments and associated equipment Helicopters operated under IFR shall be equipped with: (a) a means of measuring and displaying the following: (1) magnetic heading; (2) time in hours, minutes and seconds; (3) pressure barometric altitude; (…) (c) whenever two pilots are required for the operation, an additional separate means of displaying the following: (1) pressure barometric altitude; (…) Page 46 of 60 (78) Replacement of the outdated term ‘airworthiness code’ with the term ‘certification specification’ in NCC.IDE.H.235 All helicopters on flights over water — ditching. NCC.IDE.H.235 All helicopters on flights over water — ditching Helicopters shall be designed for landing on water or certified for ditching in accordance with the relevant certification specifications airworthiness codes or fitted with emergency flotation equipment when operated on a flight over water in a hostile environment at a distance from land corresponding to more than 10 minutes flying time at normal cruising speed. Page 47 of 60  Annex VII (Part-NCO) (79) Amendment of point (b) of NCO.GEN.100 Competent authority, to clarify that for aircraft registered in a third-country the competent authority is the authority of the Member State where the operator has its principal place of business, is established or residing. NCO.GEN.100 Competent authority (a) The competent authority shall be the authority designated by the Member State where the aircraft is registered. (b) If the aircraft is registered in a third country, the competent authority shall be the authority designated by the Member State where the operator has its principal place of business, is established or residing. (80) Insertion of a new rule, NCO.GEN.104, applicable to NCO operators who operate an aircraft included in an AOC, as an outcome of RMT.0352, to mirror the new ORO.GEN.310 in Part-ORO NCO.GEN.104 Use of aircraft included in an AOC by an NCO operator (a) An NCO operator may use an other-than-complex motor-powered aircraft included in an AOC to conduct operations in accordance with this Part. (b) The operator shall have a procedure to describe: (1) how operational control of the aircraft is transferred from and to the AOC holder, as referred to in ORO.GEN.310; and (2) how the handover of the aircraft is formalised upon its return to the AOC holder. This procedure shall be included in a contract between the AOC holder and the NCO operator. The NCO operator shall ensure that this procedure is communicated to the relevant personnel. (c) The continuing airworthiness of the aircraft used under the terms set in this rule shall be managed by the CAMO of the AOC holder in accordance with Part-M (M.A.201). (d) The operator shall ensure that: (1) every flight conducted under its operational control is recorded in the aircraft technical log system; (2) no changes to the aircraft systems or configuration shall be made; (3) any defect or technical malfunction occurring while the aircraft is under its operational control is reported to the CAMO of the AOC holder immediately after the flight; and (4) the AOC holder receives a copy of any occurrence report related to the flights performed with the aircraft, completed in accordance with Regulation (EU) No 376/2014 and Regulation (EU) No 2015/1018. (81) Amendment of point (b)(2) of, NCO.GEN.140, applicable to NCO operators, to ensure that dangerous goods rules also apply to technical crew in case of specialised operations. In addition, introduction of a new point (g) mirroring requirements for operators, operating under Part-NCC Page 48 of 60  and Part-SPO, to ensure that NCO operators establish and maintain dangerous goods training programmes. Only if the operator transports dangerous goods, those training programmes require to be approved under Part-SPA. NCO.GEN.140 Transport of dangerous goods (a) The transport of dangerous goods by air shall be conducted in accordance with Annex 18 to the Chicago Convention as last amended and amplified by the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Doc 9284-AN/905), including its supplements and any other addenda or corrigenda. (b) Dangerous goods shall only be transported by the operator approved in accordance with Annex V (Part- SPA), Subpart G, to Regulation (EU) No 965/2012 except when: (1) they are not subject to the Technical Instructions in accordance with Part 1 of those Instructions; or (2) they are carried by aircraft occupants passengers or the pilot-in-command, or are in baggage, in accordance with Part 8 of the Technical Instructions; (3) they are carried by operators of ELA2 aircraft. (…) (g) NCO operators shall establish and maintain dangerous goods training programmes. If the operator transports dangerous goods, such training programmes shall be subject to review and approval in accordance with Part SPA. (82) Amendment of point (c) of NCO.IDE.A.100 to align wording with Part-SPO and avoid inconsistencies with Part-SPA. NCO.IDE.A.100 Instruments and equipment — general (…) (c) Instruments and equipment not required by this Subpart Part as well as any other equipment that is not required by other applicable Annexes, but is carried on a flight, shall comply with the following: (…) (83) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in point (a)(3) of NCO.IDE.A.120 Operations under VFR — flight and navigational instruments and associated equipment. NCO.IDE.A.120 Operations under VFR — flight and navigational instruments and associated equipment (a) Aeroplanes operated under VFR by day shall be equipped with a means of measuring and displaying the following: (1) magnetic heading; (2) time, in hours, minutes and seconds; (3) pressure barometric altitude; (…) Page 49 of 60 (84) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in point (a)(3) of NCO.IDE.A.125 Operations under IFR — flight and navigational instruments and associated equipment. NCO.IDE.A.125 Operations under IFR — flight and navigational instruments and associated equipment Aeroplanes operated under IFR shall be equipped with: (a) a means of measuring and displaying the following: (1) magnetic heading; (2) time in hours, minutes and seconds; (3) pressure barometric altitude; (…) (85) Amendment of point (b)(6) and (b) (7) and point (c) of NCO.IDE.H.100 to clarify which PCDS require an airworthiness approval and which ones do not, and to avoid inconsistencies with Subpart NCO.SPEC. NCO.IDE.H.100 Instruments and equipment — general (…) (b) The following items, when required by this Subpart, do not need an equipment approval: (…) (5) sea anchor and equipment for mooring; and (6) child restraint device.; and (7) a simple PCDS used by a task specialist as a restraint device. (c) Instruments and equipment not required by this Subpart Part, as well as any other equipment that is not required by other this Regulation applicable Annexes, but is are carried on a flight, shall comply with the following: (…) (86) Replacement of the term ‘pressure altitude’ by the term ‘barometric altitude’ in point (a)(3) of NCO.IDE.H.120 Operations under VFR — flight and navigational instruments and associated equipment. NCO.IDE.H.120 Operations under VFR — flight and navigational instruments and associated equipment (a) Helicopters operated under VFR by day shall be equipped with a means of measuring and displaying the following: (1) magnetic heading; (2) time in hours, minutes and seconds; (3) pressure barometric altitude; (4) indicated airspeed; and Page 50 of 60  (5) slip. (…) (87) Replacement of the term ‘pressure altitude’ by the term ‘barometric altitude’ in point (a)(3) of NCC.IDE.H.125 Operations under IFR — flight and navigational instruments and associated equipment. NCO.IDE.H.125 Operations under IFR — flight and navigational instruments and associated equipment Helicopters operated under IFR shall be equipped with: (a) a means of measuring and displaying the following: (1) magnetic heading; (2) time in hours, minutes and seconds; (3) pressure barometric altitude; (…) (88) Amendment of NCO.IDE.H.140 to align the wording with that in SPO.IDE.H.160. NCO.IDE.H.140 Seats, seat safety belts, restraint systems and child restraint devices (a) Helicopters shall be equipped with: (1) a seat or berth for each person on board who is aged 24 months or more, or station for each crew member or task specialist on board; (2) a seat belt on each passenger seat and restraining belts for each berth, and restraint devices for each station; (…) (89) Replacement of the outdated term ‘airworthiness code’ with the term ‘certification specification’ in points (a) and (b) of NCC.IDE.H.185 All helicopters on flights over water — ditching. NCO.IDE.H.185 All helicopters on flights over water — ditching Helicopters flying over water in a hostile environment beyond a distance of 50 NM from land shall be: (a) designed for landing on water in accordance with the relevant certification specifications airworthiness code; (b) certified for ditching in accordance with the relevant certification specifications airworthiness code; or (…) (90) Amendment of point (b) of NCO.SPEC.HEC.105 to clarify which PCDS require an airworthiness approval and which ones do not. NCO.SPEC.HEC.105 Specific HEC equipment (…) Page 51 of 60 (b) The installation of all hoist and cargo hook equipment other than simple PCDS, and any subsequent modifications shall have an airworthiness approval appropriate to the intended function. (…) (91) Amendment of NCO.SPEC.PAR.120, to ensure that parachutists may carry smoke train devices before releasing the device after exit from the aircraft. NCO.SPEC.PAR.120 Transport and rRelease of dangerous goods Notwithstanding NCO.SPEC.160, parachutists may carry smoke trail devices and exit the aircraft for the purpose of parachute display over congested areas of cities, towns or settlements or over an open-air assembly of persons whilst carrying smoke train devices, provided these devices are manufactured for this purpose. Page 52 of 60  Annex VIII (Part-SPO) (…) (92) Amendment of SPO.GEN.100 Competent authority, to clarify that the competent authority is the authority from the Member State where the operator has its principal place of business, is established or residing. SPO.GEN.100 Competent authority The competent authority shall be the authority designated by the Member State in which the operator has its principal place of business, is established or is residing. (93) Amendment of point (a) of SPO.POL.110 Mass and balance system — commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft to include a small editorial update and clarify the meaning of the rule. SPO.POL.110 Mass and balance system — commercial operations with aeroplanes and helicopters and non- commercial operations with complex motor-powered aircraft (a) The operator shall establish a mass and balance system in order to determine for each flight or series of flights: (1) aircraft dry operating mass; (2) mass of the traffic load; (3) mass of the fuel load; (4) aircraft load and load distribution; (5) take-off mass, landing mass and zero fuel mass; and (6) applicable aircraft CG positions. (…) (94) Amendment of SPO.IDE.A.100 to align the wording with that in SPO.IDE.H.100, to clarify which PCDSs require an airworthiness approval and which ones do not, and to avoid inconsistencies with Subpart SPO.SPEC. SPO.IDE.A.100 Instruments and equipment — general (…) (b) The following items, when required by this Subpart, do not need an equipment approval: (…) (6) survival and signalling equipment, and (7) sea anchor and equipment for mooring., and (8) simple PCDS used by a task specialist as a restraint device. Page 53 of 60 (c) Instruments and equipment not required by this Subpart Part as well as any other equipment that is not required by this Regulation other applicable Annexes, but is are carried on a flight, shall comply with the following: (1) the information provided by these instruments, equipment or accessories shall not be used by the flight crew to comply with Annex I to Regulation (EC) No 216/2008 or SPO.IDE.A.215 and SPO.IDE.A.220; (2) the instruments and equipment shall not affect the airworthiness of the aeroplane, even in the case of failures or malfunction. (…) (95) Amendment of SPO.IDE.A.105 Minimum equipment for flight to clarify the meaning and to ensure that there is no misunderstanding regarding the requirement to have an MEL. A rule reference is also added for clarity. SPO.IDE.A.105 Minimum equipment for flight A flight shall not be commenced when any of the aeroplane’s instruments, items of equipment or functions required for the intended flight are inoperative or missing, unless: (a) the aeroplane is operated in accordance with the minimum equipment list (MEL), if established; (b) for complex-motor-powered aeroplanes and for any aeroplane used in commercial operations, the operator is approved by the competent authority to operate the aeroplane within the constraints of the master minimum equipment list (MMEL) in accordance with ORO.MLR.105 (j); or (c) the aeroplane is subject to a permit to fly issued in accordance with the applicable airworthiness requirements. (…) (96) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in points (a)(3) and (e)(1) of SPO.IDE.A.120 Operations under VFR — flight and navigational instruments and associated equipment. SPO.IDE.A.120 Operations under VFR — flight and navigational instruments and associated equipment (a) Aeroplanes operated under VFR by day shall be equipped with a means of measuring and displaying the following: (1) magnetic heading, (2) time in hours, minutes and seconds, (3) pressure barometric altitude, (…) (e) Whenever two pilots are required for the operation, aeroplanes shall be equipped with an additional separate means of displaying the following: (1) pressure barometric altitude, (…) Page 54 of 60 (97) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in points (a)(3) and (c)(1) of SPO.IDE.A.125 Operations under IFR — flight and navigational instruments and associated equipment. SPO.IDE.A.125 Operations under IFR — flight and navigational instruments and associated equipment Aeroplanes operated under IFR shall be equipped with: (a) a means of measuring and displaying the following: (1) magnetic heading, (2) time in hours, minutes and seconds, (3) pressure barometric altitude, (…) (c) whenever two pilots are required for the operation, an additional separate means of displaying for the second pilot: (1) pressure barometric altitude, (…) (98) Amendment of point (b) and point (c) of SPO.IDE.H.100 to clarify which PCDSs require an airworthiness approval and which ones do not, and to avoid inconsistencies with Subpart SPO.SPEC. SPO.IDE.H.100 Instruments and equipment — general (…) (b) The following items, when required by this Subpart, do not need an equipment approval: (…) (5) survival and signalling equipment, and (6) sea anchor and equipment for mooring. ,and (7) simple PCDS used by a task specialist as a restraint device. (c) Instruments and equipment not required by this Subpart Part as well as any other equipment that is not required by this Regulation other applicable Annexes, but is are carried on a flight, shall comply with the following: (1) the information provided by these instruments, equipment or accessories shall not be used by the flight crew to comply with Annex I to Regulation (EC) No 216/2008 or SPO.IDE.H.215 and SPO.IDE.H.220; and (2) the instruments and equipment shall not affect the airworthiness of the helicopter, even in the case of failures or malfunction. (…) Page 55 of 60 (99) Amendment of point (a) and (b) of SPO.IDE.H.105 Minimum equipment for flight to clarify the meaning and to ensure that there is no misunderstanding regarding the requirement to have an MEL. A rule reference is also added for clarity. SPO.IDE.H.105 Minimum equipment for flight A flight shall not be commenced when any of the helicopter’s instruments, items of equipment or functions required for the intended flight are inoperative or missing, unless: (a) the helicopter is operated in accordance with the minimum equipment list (MEL), if established; (b) for complex motor-powered helicopters, and for any helicopter used in commercial operations, the operator is approved by the competent authority to operate the helicopter within the constraints of the master minimum equipment list (MMEL) in accordance with ORO.MLR.105 (j); or (…) (100) Replacement of the term ‘pressure altitude’ by the term ‘barometric altitude’ in point (a)(3) and in point (d)(1) of SPO.IDE.H.120 Operations under VFR — flight and navigational instruments and associated equipment. SPO.IDE.H.120 Operations under VFR — flight and navigational instruments and associated equipment (a) Helicopters operated under VFR by day shall be equipped with a means of measuring and displaying the following: (1) magnetic heading, (2) time in hours, minutes and seconds, (3) pressure barometric altitude, (…) (d) Whenever two pilots are required for the operation, helicopters shall be equipped with an additional separate means of displaying: (1) pressure barometric altitude, (…) (101) Replacement of the term ‘pressure altitude’ by the term ‘barometric altitude’ in point (a)(3) and in point (c)(1) of SPO.IDE.H.125 Operations under IFR — flight and navigational instruments and associated equipment. SPO.IDE.H.125 Operations under IFR — flight and navigational instruments and associated equipment Helicopters operated under IFR shall be equipped with: (a) a means of measuring and displaying: (1) magnetic heading, (2) time in hours, minutes and seconds, (3) pressure barometric altitude, Page 56 of 60 (…) (c) whenever two pilots are required for the operation, an additional separate means of displaying: (1) pressure barometric altitude, (…) (102) Amendment of SPO.IDE.A.130 Terrain awareness warning system (TAWS) to replace the abbreviation MOPSC with the term ‘maximum certified seating configuration’. SPO.IDE.A.130 Terrain awareness warning system (TAWS) Turbine-powered aeroplanes with a maximum certified take-off mass (MCTOM) of more than 5 700 kg or an MOPSC maximum certified seating configuration of more than nine shall be equipped with a TAWS that meets the requirements for: (a) class A equipment, as specified in an acceptable standard, in the case of aeroplanes for which the individual certificate of airworthiness (CofA) was first issued after 1 January 2011; or (b) class B equipment, as specified in an acceptable standard, in the case of aeroplanes for which the individual CofA was first issued on or before 1 January 2011. (…) (103) Clarification of the mass and seating configuration determining the applicability of the rule in point (e) of SPO.IDE.A.160 SPO.IDE.A.160 Seats, seat safety belts and restraint systems Aeroplanes shall be equipped with: (…) (e) The seat belt with upper torso restraint system required by (d) shall have: (1) a single point release; (2) on flight crew seats and on any seat alongside a pilot's seat: (i) two shoulder straps and a seat belt that may be used independently; or (ii) a diagonal shoulder strap and a seat belt that may be used independently for the following aeroplanes: (A) aeroplanes with an MCTOM of less than 5 700 kg or less and with an MOPSC of less than nine or less that are compliant with the emergency landing dynamic conditions defined in the applicable certification specification; (B) aeroplanes with an MCTOM of less than 5 700 kg or less and with an MOPSC of less than nine or less that are not compliant with the emergency landing dynamic conditions defined in the applicable certification specification and having an individual CofA first issued before 25 August 2016. Page 57 of 60 (104) Amendment of point (c) of SPO.SPEC.HEC.100 to clarify that practical training is needed, and a small editorial correction in point (e) to clarify that standard operating procedures for HEC shall specify helicopter performance criteria. SPO.SPEC.HEC.100 Standard operating procedures The standard operating procedures for HEC shall specify: (a) the equipment to be carried, including its operating limitations and appropriate entries in the MEL, as applicable; (b) crew composition and experience requirements of crew members and task specialists; (c) the relevant theoretical and practical training for crew members to perform their tasks, and the relevant training for task specialists to perform their tasks, and the qualification and nomination of persons providing such training to the crew members and task specialists; (d) responsibilities and duties of crew members and task specialists; (e) helicopter performance criteria necessary to be met to conduct HEC operations; (f) normal, abnormal and emergency procedures. (105) Amendment of point (b) of SPO.SPEC.HEC.105 to clarify which PCDS require an airworthiness approval and which ones do not. SPO.SPEC.HEC.105 Specific HEC equipment (…) (b) The installation of all hoist and cargo hook equipment other than simple PCDS, and any subsequent modifications shall have an airworthiness approval appropriate to the intended function. (106) Amendment of point (c) and (e) of SPO.SPEC.HESLO.100 to clarify that practical training is needed and a small editorial correction in point (e) to clarify that standard operating procedures for HEC shall specify helicopter performance criteria. SPO.SPEC.HESLO.100 Standard operating procedures The standard operating procedures for HESLO shall specify: (a) the equipment to be carried, including its operating limitations and appropriate entries in the MEL, as applicable; (b) crew composition and experience requirements of crew members and task specialists; (c) the relevant theoretical and practical training for crew members to perform their tasks, and the relevant training for task specialists to perform their task, and the qualification and nomination of persons providing such training to the crew members and task specialists; (d) responsibilities and duties of crew members and task specialists; (e) helicopter performance criteria necessary to be met to conduct HESLO operations; (f) normal, abnormal and emergency procedures. Page 58 of 60 (107) Amendment of SPO.SPEC.PAR.125 to correct an editorial error and use the correct term ‘smoke trail’ device. SPO.SPEC.PAR.125 Releasing of dangerous goods Notwithstanding SPO.GEN.155, parachutists may exit the aircraft for the purpose of parachute display over congested areas of cities, towns or settlements or over an open-air assembly of persons whilst carrying smoke train trail devices, provided these are manufactured for this purpose. Page 59 of 60  ANNEX II to draft Commission Regulation (EU) …/… of XXX as regards the use of aircraft included in an AOC for other-than-CAT operations amending Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks Annex I Part-M (108) Insertion of the new point (k), in M.A.201 to reflect the changes in ORO.GEN.310 and NCO.GEN.104 of Commission Regulation (EU) No 965/2012 on air operations M.A.201 (…) (k) The owner/operator using an aircraft included in an AOC for other-than-CAT operations under the terms of ORO.GEN.310 and/or NCO.GEN.104 shall ensure that the tasks associated with continuing airworthiness are performed by the CAMO of the AOC holder. Page 60 of 60 European Aviation Safety Agency Draft acceptable means of compliance (AMC) and guidance material (GM) to Annex I (Part-M) to Commission Regulation (EU) No 1321/2014 Disclaimer This document, courtesy of EASA, contains the latest draft GM to Annex I (Part-M) to Commission Regulation (EU) No 1321/2014. It is intended to provide information to stakeholders following the publication of the related EASA Opinion on the update of the rules on air operations. EASA does not assume any liability for its contents. European Aviation Safety Agency Draft AMC/GM to Annex I (Part-M) to Regulation (EU) No 1321/2014 Draft GM to Annex I Part-M The Annex to Decision N° 2012/015/Directorate R is hereby amended as follows: The text of the amendment is arranged to show deleted, new or amended text as shown below: 1. deleted text is marked with strike through; 2. new or amended text is highlighted in grey; and 3. an ellipsis (…) indicates that the remaining text is unchanged in front of or following the reflected amendment. (1) The new GM M.A.201(k) is added to explain the intent of the new point (k) in M.A.201 on the responsibilities of the owner/operator GM1 M.A.201(k) Use of aircraft included in an AOC for other-than-CAT operations Point (k) of M.A.201 is not a derogation, hence points M.A.201(f), (g), (h) and (i) are still applicable. Therefore, the management of continuing airworthiness of the aircraft by the CAMO of the AOC holder means that the other operator has established a written contract as per Appendix I to Part-M with this CAMO. European Aviation Safety Agency Draft acceptable means of compliance (AMC) and guidance material (GM) to Annex I (Definitions) Annex II (Part-ARO) Annex III (Part-ORO) Annex IV (Part-CAT) Annex VI (Part-NCC) Annex VII (Part-NCO) Annex VIII (Part-SPO) to Commission Regulation (EU) No 965/2012 ‘Update of the rules on air operations’ Disclaimer This document, courtesy of EASA, contains the latest draft AMC and GM to the Annexes to Commission Regulation (EU) No 965/2012. It is intended to provide information to stakeholders following the publication of the related EASA Opinion on the update of the rules on air operations. EASA does not assume any liability for its contents. Page 1 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 Table of contents Draft GM to Definitions ................................................................................................................. 3 Draft AMC/GM to Part-ARO .......................................................................................................... 6 Draft AMC/GM to Part-ORO ........................................................................................................ 10 Draft AMC/GM to Part-CAT ......................................................................................................... 28 Draft AMC/GM to Part-NCC ......................................................................................................... 29 Draft AMC/GM to Part-NCO ........................................................................................................ 30 Draft AMC/GM to Part-SPO ......................................................................................................... 32 Page 2 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 Draft GM to Definitions Draft GM to Definitions The Annex to Decision N° 2012/015/Directorate R is hereby amended as follows: The text of the amendment is arranged to show deleted, new or amended text as shown below: 1. deleted text is marked with strike through; 2. new or amended text is highlighted in grey; and 3. an ellipsis (…) indicates that the remaining text is unchanged in front of or following the reflected amendment. (1) Amendment of GM2 Annex I Definitions to introduce the acronym PCDS. GM2 Annex I Definitions ABBREVIATIONS AND ACRONYMS The following abbreviations and acronyms are used in the Annexes to this Regulation: (…) PCDS personnel carrying device system (2) Addition of the new GM16 Annex I Definitions to illustrate the definition of PCDS. GM16 Annex I Definitions SIMPLE AND COMPLEX PERSONNEL CARRYING DEVICE SYSTEMS (a) The following may qualify as simple PCDS: (1) A safety harness or rescue triangle for no more than 2 persons. (2) A fixed-rope system for no more than 2 persons, to be attached under a single cargo hook or Y-rope to be attached to a dual hook. (b) The following may not qualify as simple PCDS: (1) Any system connecting 3 persons or more to the helicopter. (2) PCDS having new or novel features which are not proven by appreciable and satisfactory service experience. (c) The connecting elements to the hoist or cargo hook are part of the PCDS. (d) The following standards may be used for simple PCDSs: Table 1: Standards that may be used for simple PCDS Directive 89/686/EEC Personal protective equipment Directive 2006/42/EC Machinery EN 354 Personal protective equipment for work positioning and prevention Page 3 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 Draft GM to Definitions of falls from a height — Lanyards  EN 355 Personal protective equipment against falls from a height — Energy absorbers EN 358 Personal protective equipment for work positioning and prevention of falls from a height — Belts for work positioning and restraint and work positioning lanyards EN 361 Personal protective equipment against falls from a height — Full body harnesses EN 362 Personal protective equipment against falls from a height — Connectors EN 363 Personal fall protection equipment — Personal fall-protection systems EN 364 Personal protective equipment against falls from a height — Test methods EN 365 Marking/packaging/instructions to use EN 813 Personal fall-protection equipment — Sit harnesses EN 1497 Personal protective equipment against falls from a height — Rescue harnesses EN 1498 Personal protective equipment against falls from a height — Rescue loops EN 1891 Personal protective equipment for the prevention of falls from a height — Low stretch kernmantle ropes EN 12275 Mountaineering equipment — Connectors — Safety requirements and test methods EN 12277 Mountaineering equipment — Harnesses — Safety requirements and test methods (3) Insertion of the new GM17 Annex I Definitions to explain the meaning and use of the terms ‘principal place of business’ and ‘place of residence’ when used in the context of NCC, NCO and SPO operators GM17 Annex I Definitions GUIDANCE ON DETERMINING THE PRINCIPAL PLACE OF BUSINESS AND PLACE OF RESIDENCE FOR OPERATIONS IN ACCORDANCE WITH PART-NCC AND PART-SPO The following guidelines should be used when establishing the competent authority responsible for the oversight of an operator operating in accordance with Part-NCC and Part-SPO. The operator has the primary responsibility to determine its principal place of business, place of establishment or place of residence and to submit the relevant supporting documentation to the competent authority. DETERMINING AN OPERATOR’S PRINCIPAL PLACE OF BUSINESS A declared operator should identify the State in which it should declare its organisation. For the purpose of this Regulation, the concept of ‘principal place of business’ is intended to be used by an operator that is a legal person and it only relates to the activities referred to in this Regulation. Page 4 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 Draft GM to Definitions The principal place of business should be understood as the organisation’s site from which the majority of the organisation’s management personnel specified in ORO.GEN.200 directs, controls or coordinates its operational activities, ensuring that the organisation complies with this Regulation. DETERMINING AN OPERATOR’S PLACE OF RESIDENCE For the purpose of this Regulation, the concept of ‘place of residence’ is intended to be used by an operator that is a natural person. This concept is considered more appropriate for a non-commercial operator, which often consists of only one person. The competent authority should use the services of the authorities competent for the application of taxation on income or the social security institutions or of corporate tax, as applicable, in order to be satisfied with the operator’s determination of its place of residence. The concept of the place of residence is thus aligned with other EU regulations applicable to natural persons (e.g. legislation on taxation and social security). The vast majority of European Union Member States’ legislations related to taxation on income and social security matters identifies the place of residence as the place where an individual resides for more than 6 months (or 183 days) consecutively in the tax year. The place of residence is the place that an operator (a natural person) declares as his/her residence for taxation on income purposes or for social security registration. Several criteria are detailed in Article 11 of Regulation (EC) 987/20091 and can be used by the relevant authorities in the European Union Member States to help determining a person’s place of residence. These include: the duration of a person’s presence on the territory of the countries concerned; the person’s family status and ties; the person’s housing situation and how permanent it is; the place where the person pursues professional or non-profit activities; the characteristics of the person’s professional activity; the Member State where the person resides for taxation purposes. In any case, the decision on which State is to be considered the place of residence will be made by the social security institutions and not by the person concerned. 1 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p.1). A consolidated version of this regulation can be downloaded from http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML Page 5 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 Draft AMC/GM to Part-ARO Draft AMC/GM to Part-ARO The Annex to 2014/025/R is hereby amended as follows: The text of the amendment is arranged to show deleted, new or amended text as shown below: 1. deleted text is marked with strike through; 2. new or amended text is highlighted in grey; and 3. an ellipsis (…) indicates that the remaining text is unchanged in front of or following the reflected amendment. (…) (1) Insertion of a new AMC5 ARO.OPS.100 Specific approval procedure to clarify that irrelevant parts of the Operations Specifications may be omitted in the OPS SPECS. GM1 ARO.OPS.200 Specific approval procedure INSERTION OF RELEVANT INFORMATION INTO THE OPERATIONS SPECIFICATIONS When issuing the operations specifications in accordance with Appendix II, where the operation does not include helicopter operations, the helicopter-related elements contained in the operations specifications may be omitted. (2) Amendment of GM2 ARO.OPS.110 Lease agreements and insertion of a new title on WET LEASE-IN AGREEMENTS BETWEEN OPERATORS REGISTERED IN DIFFERENT EU MEMBER STATES to ensure that for long term wet lease-in agreements, the competent authorities of the lessee and the lessor should consider a mutual exchange of all necessary information. GM2 ARO.OPS.110 Lease agreements DRY LEASE-OUT The purpose of the requirement for the competent authority to ensure proper coordination with the authority that is responsible for the oversight of the continuing airworthiness of the aircraft in accordance with Commission Regulation (EC) No 2042/20032 is to ensure that appropriate arrangements are in place to allow: (a) the transfer of regulatory oversight over the aircraft, if relevant; or (b) continued compliance of the aircraft with the requirements of Commission Regulation (EC) No 2042/2003. GM2 ARO.OPS.110 Lease agreements WET LEASE-IN AGREEMENTS BETWEEN OPERATORS REGISTERED IN DIFFERENT EU MEMBER STATES In case of a wet lease-in agreement of more than 7 months in any 12 consecutive months between operators having their principal place of business in different EU Member States, the competent authorities of the lessee and the lessor should consider a mutual exchange of all necessary information in accordance with ARO.GEN.200(c). 2 OJ L 315, 28.11.2003, p. 1. Page 6 of 32  European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 Draft AMC/GM to Part-ARO (3) Amendment of GM1 ARO.OPS.200 Specific approval procedure, to include the correct reference to the re-arranged Appendices III on specific approvals. GM2 ARO.OPS.200 Specific approval procedure SPECIFIC APPROVALS FOR TRAINING ORGANISATIONS The specific approvals, as established in Appendix V III, for non-commercial operations and specialised operations, also apply to training organisations with a principal place of business in a Member State. (4) Deletion of AMC1 ARO.OPS.300 Introductory flights, since its content, i.e. that the competent authority should publish criteria for marginal activity, has been proposed to be included into paragraph (c) of Art. 6(4a), to ensure that the publication of criteria no only applies to introductory flights, but also to parachute dropping, sailplane towing or aerobatic flights. AMC1 ARO.OPS.300 Introductory flights MARGINAL ACTIVITY The competent authority should publish criteria specifying to which extent it considers an activity marginal and how this is being overseen. (5) Amendment of GM1 ARO.RAMP.115(b)(2) Qualification of inspectors, to remove reference to the deleted Appendices III and IV GM1 ARO.RAMP.115(b)(2) Qualification of inspectors PRIVILEGES OF EXPERIENCED INSPECTORS (a) The following example shows the typical privileges of an experienced commercial pilot licence/airline transport pilot licence (CPL/ATPL) holder and of an experienced aircraft maintenance engineer: Example: Typical inspection privileges of a CPL/ATPL holder could include the following inspection checklist items in Appendices III and IV of this section: A items B items C items D1/D3 items (…) (6) Insertion of the new AMC2 ARO.RAMP.125 Proof of ramp inspection checklist. AMC2 ARO.RAMP.125 Proof of ramp inspection checklist CHECKLIST TO REPORT ON THE RESULTS OF A RAMP INSPECTION A ramp inspection should be performed and its results should be reported by using the following checklist : Proof of Ramp Inspection Date: Local Time Start: Local Time End: Place: Information of competent authority Operator: (logo, contact details tel./fax/e-mail) AOC Number: SAFA ☐ SAFA Type of Operation: ☐ ☐ ☐ or Commercial Air Transport General Aviation Helicopter Operation (Annex 6 Part I) (Annex 6 Part II) (Annex 6 Part III) State: SACA Type of Operation: ☐ CAT-Helicopter ☐ NCC- ☐ Other (please SACA ☐ ☐ CAT-Aeroplane Aeroplane specify) Page 7 of 32  European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 Draft AMC/GM to Part-ARO Route from: Flight No.: Route to: Flight No.: Chartered by Operator: Charterer’s State: (where applicable) (where applicable) Aircraft type: Registration mark: Construction No.: Flight crew state of licensing: 2nd state of licensing: Aircraft configuration: (where applicable) ☐ Passenger ☐ Freight ☐ Combi 1 2 Item Description Check Remark Item Std Cat Finding Description A Flight Deck 1 General Condition 2 Emergency Exit 3 Equipment Documentation 4 Manuals 5 Checklists 6 Radio Navigation Charts 7 Minimum Equipment List 8 Certificate of registration 9 Noise certificate (where applicable) 10 AOC or equivalent 11 Radio licence 12 Certificate of Airworthiness (C of A) Flight data 13 Flight preparation 14 weight and balance Safety Equipment 15 Hand fire extinguishers 16 Life jackets / flotation device 17 Harness 18 Oxygen equipment 19 Independent portable light Flight Crew 20 Flight crew licence Journey Log Book / Technical Log or equivalent 21 Journey Log Book, or equivalent 22 Maintenance release 23 Defect notification and rectification 24 Pre-flight inspection B Safety / Cabin 1 General Internal Condition 2 Cabin attendant’s station & crew rest area 3 First Aid Kit/ Emergency medical kit 4 Hand fire extinguishers 5 Life jackets / Flotation devices 6 Seat belt and seat condition Emergency exit, lighting/marking, 7 independent portable light 8 Slides /Life-Rafts (as required), ELT 9 Oxygen Supply (Cabin Crew and Passengers) 10 Safety Instructions 11 Cabin crew members 12 Access to emergency exits 13 Safety of passenger baggage’s 14 Seat capacity C Aircraft Condition 1 General external condition 2 Doors and hatches 3 Flight controls 4 Wheels, tyres and brakes 5 Undercarriage skids/floats 6 Wheel well 7 Power plant and pylon 8 Fan blades, Propellers, Rotors (main & tail) 9 Obvious repairs 10 Obvious un-repaired damage 11 Leakage D Cargo 1 General condition of cargo compartment 2 Dangerous Goods 1 2 Inspection Standards: E = EASA, I = ICAO, M = Manufacturer, N = National, O = Others Finding Category: G = General Remark, 1 = Minor, 2 = Significant , 3 = Major 3 Safety of cargo on board Corrective Action Information (where applicable) E General 1 General Class of Action ☐ 3d Immediate operating ban ☐ 3c Aircraft grounded by (name CA) ☐ 3b Corrective actions before Flight required ☐ 3a Restriction on aircraft operation ☐ 2 Information to Authority and Operator ☐ 1 Information to PIC/operator representative ☐ 0 No Findings PIC / operator representative (comments / feedback) Name & Signature (*) SAFA Inspector(s) name or number: (*) Signature by any member of the crew or another representative of the inspected operator does in no way imply acceptance of the listed findings but simply a confirmation that the aircraft has been inspected on the date and at the place indicated on this document. This report represents an indication of what was found on this occasion and must not be constructed as a determination that the aircraft is fit for the intended flight. Data submitted in this report can be subject to change upon entering into the centralised database. CA Document Number xxx Page 8 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 Draft AMC/GM to Part-ARO (7) Amendment of AMC1 ARO.RAMP.125 Proof of ramp inspection to delete the superfluous references to Appendices III and IV, which have been deleted. AMC1 ARO.RAMP.125(b) Conduct of ramp inspections GENERAL (…) (g) The items to be inspected should be selected from the ramp inspection checklist contained in the proof of ramp inspection in accordance with AMC2 ARO.RAMP.125 (see Appendices III and IV). The ramp inspection checklist contains a total of 534 items. Of these, 24 relate to operational requirements (A- items) to be checked on the flight crew compartment, 14 items address safety and cabin items (B- items), 112 items are concerning the aircraft condition (C-items) and three items (D-items) are related to the inspection of cargo (including dangerous goods) and the cargo compartment. In case of any general inspection items not addressed by the other items of the checklist, they may be administered by the E- item (General) of the checklist. (h) Items which have been inspected as well as any possible findings and observations will be recorded in the proof of Ramp Inspections checklist Report (see Appendices III and IV). (i) ARO.RAMP.125(c) requires that the operator is informed about the results of every ramp inspection by providing it with a copy of the checklist of the Proof of Ramp Inspection in accordance with AMC2 ARO.RAMP.125 (see Appendix III). A signed acknowledgement of receipt should be requested from the recipient and retained by the inspector. Refusal to sign by the recipient should be recorded in the document. Page 9 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO Draft AMC/GM to Part-ORO The Annex to Decision 2014/017/R is hereby amended as follows: The text of the amendment is arranged to show deleted, new or amended text as shown below: 1. deleted text is marked with strike through; 2. new or amended text is highlighted in grey; and 3. an ellipsis (…) indicates that the remaining text is unchanged in front of or following the reflected amendment. (1) Amendment of GM1 ORO.GEN.130(b), as an outcome of RMT.0352, to delete point (e) to ensure consistency with the change in ORO.AOC.125, which proposes the removal of the requirement for prior approval of operational procedures for non-commercial operations of an AOC holder. GM1 ORO.GEN.130(b) Changes related to an AOC holder CHANGES REQUIRING PRIOR APPROVAL (…) (d) leasing agreements, i.e. wet lease-in of an aircraft of a third-country operator or dry lease-in agreement concerning aircraft registered in a third country; (e) procedure of the use of aircraft included in an AOC by other operators for other-than-CAT operations, as required by ORO.GEN.310; (e) non-commercial operations by AOC holders; (…) (2) Amendment of AMC1 ORO.GEN.160 Occurrence reporting to replace the reference to the Occurrence Reporting Directive with the reference to the Occurrence Reporting Regulation AMC1 ORO.GEN.160 Occurrence reporting 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 Directive 2003/42/EC.3 on occurrence reporting in civil aviation. (b) In addition to the reports required by AMC 20-8 and Regulation (EU) No 376/2014 Directive 2003/42/EC, the operator should report volcanic ash clouds encountered during flight. 3 Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation (OJ L 167, 4.7.2003, p. 23– 36). Page 10 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (3) Amendment of GM2 ORO.GEN.200(a)(3) Management system to replace the reference to the Occurrence Reporting Directive with the reference to the Occurrence Reporting Regulation GM2 ORO.GEN.200(a)(3) Management system RISK MANAGEMENT OF FLIGHT OPERATIONS WITH KNOWN OR FORECAST VOLCANIC ASH CONTAMINATION (…) (f) Reporting The operator should ensure that reports are immediately submitted to the nearest ATS unit using the VAR/AIREP procedures followed up by a more detailed VAR on landing together with, as applicable, a report, as defined in Commission Regulation (EU) No 996/2010 and Regulation (EU) No 376/2014 Directive 2003/42/EC, and an aircraft technical log entry for: (1) any incident related to volcanic clouds; (2) any observation of volcanic ash activity; and (3) any time that volcanic ash is not encountered in an area where it was forecast to be. (…) (4) Insertion of the new AMC2 ORO.GEN.205 Contracted activities establishing conditions for the acceptance of audits from third-party audit providers, thus enabling the operator to pool audits of contracted organisations. The elements specifying the conditions under which a third-party provider can be used for those audits have been copied from the existing AMC related to pooling of audits of code-share agreements. This new AMC responds to safety recommendations GERF-2006-009 and UNKG-2005-148 on pooled audits. AMC2 ORO.GEN.205 Contracted activities THIRD-PARTY PROVIDERS (a) In order to enable operators to pool audits of contracted organisations, the initial audit and/or the continuous monitoring of those contracted organisations may be performed by a third-party provider on behalf of the operator when it is demonstrated that: (1) a documented arrangement has been established with the third-party provider; (2) the audit standards applied by the third-party provider address the scope of this Regulation in sufficient detail; (3) the third-party provider uses an evaluation system, designed to assess the operational, management and control systems of the contracted organisation; (4) the independence of the third-party provider, its evaluation system as well as the impartiality of the auditors is ensured; (5) the auditors are appropriately qualified and have sufficient knowledge, experience and training, including on-the-job training, to perform their allocated tasks; (6) audits are performed on-site; (7) access to the relevant data and facilities is granted to the level of detail necessary to verify compliance with the applicable requirements; (8) access to the full audit report is granted; Page 11 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (9) procedures have been established for monitoring continuous compliance of the contracted organisation with the applicable requirements; and (10) procedures have been established to notify the contracted organisation of any non-compliance with the applicable requirements, the corrective actions to be taken, the follow up of these corrective actions, and closure of findings. (b) The use of a third-party provider for the initial audit or the monitoring of continuous compliance of the contracted organisation does not exempt the operator from its responsibility under the applicable requirements. (c) The operator should maintain a list of the contracted organisations monitored by the third-party provider. This list and the full audit report prepared by the third-party provider should be made available to the competent authority upon request. (5) Addition of the new GM1 ORO.GEN.310, as an outcome of RMT.0352, to clarify the meaning of ‘other operators’ when used in the context of ORO.GEN.310 GM1 ORO.GEN.310 Use of aircraft included in an AOC for other-than-CAT operations EXAMPLES OF POSSIBLE SCENARIOS The following list provides examples of possible scenarios with organisations and operators to which this rule applies: (a) the same AOC holder providing the aircraft, using the aircraft either: (1) as a declared operator conducting SPO activities (commercial or non-commercial, including high-risk activities) in accordance with Part-ORO and Part-SPO for operations with complex motor-powered aircraft or (2) as a flight training organisation (approved training organisation (ATO) or declared training organisation (DTO)) conducting operations in accordance with Part-NCC or Part-NCO. When the AOC holder conducts NCC or NCO operations with the aircraft included in its AOC, the provisions of ORO.AOC.125 apply; a declaration is not required. When the AOC holder conducts SPO activities with the aircraft included in its AOC, the provisions of Part-SPO apply. This implies that the operator should submit a declaration and apply for an authorisation if performing high-risk activities; (b) another AOC holder, using the aircraft either: (1) as a declared operator conducting NCC operations or SPO activities (commercial or non-commercial, including high-risk activities) in accordance with Part-ORO and Part-NCC/Part-SPO for operations with complex motor-powered aircraft, or (2) as a flight training organisation (ATO or DTO) conducting operations in accordance with Part-NCC or Part-NCO. For the purpose of this rule, in both cases (1) and (2) of point (b), this is considered a different operator, distinct from the AOC holder; (c) a declared operator, not holding an AOC, conducting operations in accordance with Part-ORO and Part- NCC/Part-SPO (commercial or non-commercial, including high-risk activities); Page 12 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (d) an NCO operator or a SPO operator conducting SPO activities with other-than complex motor-powered aircraft in accordance with Part-NCO; (e) a flight training organisation (ATO or DTO), conducting operations in accordance with Part-NCC or Part-NCO. (6) Addition of the new GM2 ORO.GEN.310 to explain the meaning of ‘aircraft included in an AOC’ GM2 ORO.GEN.310 Use of aircraft included in an AOC for other-than-CAT operations MEANING OF ‘AIRCRAFT INCLUDED IN AN AOC’ ‘Aircraft included in an AOC’ means any aircraft included in the certification process, to which the privileges of the operator apply. The registration marks of these aircraft are indicated either in the operations specifications form or in the operations manual of the AOC holder. (7) Addition of the new GM3 ORO.GEN.310, as an outcome of RMT.0352, to clarify the status of specific approvals and of the MEL in relation with the use of an aircraft included in an AOC by other operators for other-than-CAT flights GM3 ORO.GEN.310 Use of aircraft included in an AOC for other-than-CAT operations SPECIFIC APPROVALS (a) Specific approvals (SPA) of the AOC holder using its aircraft for other-than-CAT operations (1) When the AOC holder performs operations in accordance with Part-NCC, the SPA granted for the AOC extend over such operations, as in such cases the provisions of ORO.AOC.125 apply. (2) When the AOC holder performs operations in accordance with Part-SPO, as a declared operator, either: (i) the SPA applicable to its SPO activities for the same aircraft are already granted in its AOC. In this case, the operator does not need to apply for them again; or (ii) the SPA are not granted within its AOC. In this case, the operator should apply for the obtaining of the relevant SPA to the competent authority, following the provisions of Part-SPA. This means that all the elements required for a SPA need to be provided to the competent authority: evidence of the relevant airworthiness approval, specific equipment approval, operational procedures, and training programme specific for each of the SPA applied for. (b) SPA of another AOC holder using the aircraft as a declared operator or as an ATO/DTO Since, in this case, the operator uses the aircraft included in another AOC as a declared operator or as an ATO/DTO, it has to comply with Part-SPA and apply for the SPA required for the type of operation it intends to conduct with that aircraft. (c) SPA of any other operator, which is not an AOC holder Any other operator, which does not hold an AOC, is responsible for obtaining the SPA for the operations it intends to conduct, in compliance with Part-SPA. MINIMUM EQUIPMENT LIST (MEL) Any operator to which this rule applies is responsible for obtaining the approval of the MEL for its own operations. The MEL should cover all the aircraft that it operates. Page 13 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (8) Addition of the new AMC1 ORO.GEN.310(b);(e), as an outcome of RMT.0352, to detail the content of the procedure in which an AOC holder has to describe how the shift of operational control takes place in the context of ORO.GEN.310. AMC1 ORO.GEN.310(b);(e) Use of aircraft included in an AOC for other-than-CAT operations RESPONSIBILITIES OF THE AOC HOLDER The AOC holder providing the aircraft should include the following information in the respective parts of its operations manual: (a) the way in which the relevant personnel are informed about which of the operators is responsible for the operational control of each flight; (b) which of its aircraft are used by itself when conducting other-than-CAT operations as a different operator (SPO operator, ATO or DTO) or by other operator(s); (c) when possible, the name of the other operators using the aircraft for operations performed in accordance with Part-NCC, Part-NCO or Part-SPO; (d) when possible, the frequency with which the aircraft is used by the other operators; (e) the means of instructing the relevant personnel on the continuing airworthiness procedure covering the use of the aircraft for other-than-CAT operations performed by other operators; and (f) a customised list of occurrences that the other operator has to report to the AOC holder when using the aircraft included in the AOC. This list may be adjusted to fit the aircraft used by the other operators for their other-than-CAT operations, as well as the type of operation. This list should be communicated to the other operators using the aircraft included in the AOC. (9) Addition of the new GM1 ORO.GEN.310(d), as an outcome of RMT.0352, to clarify that the other operator and the CAMO of the AOC holder should have a contract in accordance with the continuing airworthiness requirements: GM1 ORO.GEN.310(d) Use of aircraft included in an AOC for other-than-CAT operations CONTINUING AIRWORTHINESS MANAGEMENT In accordance with Part-M, the management of the continuing airworthiness of the aircraft by the CAMO of the AOC holder means that the other operator has established a written contract with this CAMO as per Appendix I to Part-M of Regulation (EU) No 1321/2014. (10) Addition of the new AMC1 ORO.GEN.310(b);(d);(f), as an outcome of RMT.0352, to clarify the responsibilities of the other operators using the aircraft included in an AOC for operations performed in accordance with Part-NCC, Part-NCO or Part-SPO. AMC1 ORO.GEN.310(b);(d);(f) Use of aircraft included in an AOC for other-than-CAT operations RESPONSIBILITIES OF THE OTHER OPERATOR The other operator using the aircraft included in an AOC for its other-than-CAT operations should include the following elements in its procedure: (a) a description of the way in which the shift of operational control is communicated, including how, when and to whom the information is communicated; Page 14 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (b) a description of the specific responsibilities deriving from holding the operational control of the flight performed with the aircraft included in the AOC; (c) a description of the means to ensure that the relevant personnel are instructed to: (1) contact the CAMO of the AOC holder for any defect or technical malfunction which occurs before or during the operation. The information about any defect or malfunction should be transmitted to the CAMO of the AOC holder before the aircraft is used for the next flight. In any case, the same information should be confirmed by the entries in the aircraft technical log system. (2) report any occurrence in accordance with the applicable rules and the internal procedures; and (d) a customised list of occurrences, as developed by the AOC holder, which the other operator should use when informing the AOC holder of any issue or event that occurred while the aircraft was under its operational control. (11) Amendment of AMC1 ORO.AOC.110 Leasing agreement, if some information regarding the leasing partner might not be available to the operator at the time of requesting the approval AMC1 ORO.AOC.110 Leasing agreement GENERAL (a) The operator intending to lease-in an aircraft should provide the competent authority with the following information: (a1) the aircraft type, registration markings and serial number, as soon as available; (b2) the name and address of the registered owner; (c3) a copy of the valid certificate of airworthiness; (d4) a copy of the lease agreement or description of the lease provisions, except financial arrangements; and (e5) duration of the lease; and. (b) (f) iIn case of wet lease-in, a copy of the AOC of the third-country operator and the areas of operation. (c) The information mentioned above should be accompanied by a statement signed by the lessee that the parties to the lease agreement fully understand their respective responsibilities under the applicable regulations. (12) Amendment of AMC1 ORO.AOC.110(c) Leasing agreement to clarify that this AMC only applies for WET LEASE-IN WITH A THIRD-COUNTRY OPERATOR and insertion of a new point ((f)) on retroactive airworthiness requirements contained in Part-26. AMC1 ORO.AOC.110(c) Leasing agreement WET LEASE-IN WITH A THIRD-COUNTRY OPERATOR If the operator is not intending to apply EU safety requirements for air operations and continuing airworthiness when wet leasing-in an aircraft registered in a third country, it should demonstrate to the competent authority that the standards complied with are equivalent to the following requirements: (a) Annex IV (Part-CAT); Page 15 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (b) Part-ORO: (1) ORO.GEN.110 and Section 2 of Subpart GEN; (2) ORO.MLR, excluding ORO.MLR.105; (3) ORO.FC; (4) ORO.CC, excluding ORO.CC.200 and ORO.CC.210(a); (5) ORO.TC; (6) ORO.FTL, including related CS-FTL; and (7) ORO.SEC; (c) Annex V (Part-SPA), if applicable; (d) for continuing airworthiness management of the third-country operator, Part-M4 Subpart-B, Subpart-C and Subpart-G, excluding M.A.707, and M.A.710; (e) for the maintenance organisation used by the third-country operator during the lease period: Part-1455; and (f) retroactive airworthiness requirements in accordance with Part-266; and (gf) the operator should provide the competent authority with a full description of the flight time limitation scheme(s), operating procedures and safety assessment demonstrating compliance with the safety objectives set out in points (b) (1)-(6). (…) (13) Amendment of GM1 ORO.AOC.110(c) Leasing agreement to clarify that this GM only applies to SHORT-TERM WET LEASE-IN WITH A THIRD-COUNTRY OPERATOR. GM1 ORO.AOC.110(c) Leasing agreement SHORT-TERM WET LEASE-IN WITH A THIRD-COUNTRY OPERATOR In anticipation of an operational need the operator may enter into a framework agreement with more than one third-country operator provided that these operators comply with ORO.AOC.110 (c). These third-country operators should be placed in a list maintained by the lessee. (…) 4 Commission Regulation (EUC) No 1321/2014 2042/2003. 5 Commission Regulation (EUC) No 1321/2014 2042/2003 6 Commission Regulation (EU) 2015/640. Page 16 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (14) Amendment of AMC2 ORO.AOC.115(b) Code-share agreements, since the conditions applying to the acceptance of audits of third-party providers have now been moved to the new AMC2 ORO.GEN.205 Contracted activities. This new AMC to ORO.GEN.205 will apply not only to code-share agreements, but also to other contracted activities and will enable operators to pool audits of third parties in response to SR GERF-2006-009 and UNKG-2005-148. AMC2 ORO.AOC.115(b) Code-share agreements THIRD-PARTY PROVIDERS (a) The initial audit and/or the continuous monitoring may be performed by a third-party provider on behalf of the EU operator in accordance with AMC2 ORO.GEN.205 on contracted activities. when it is demonstrated that: (1) a documented arrangement has been established with the third party provider; (2) the audit standards applied by the third party provider addresses the scope of the regulation in sufficient detail; (3) the third party provider uses an evaluation system, designed to assess the operational, management and control systems of the third country code-share operator; (4) independence of the third party provider, its evaluation system as well as the impartiality of the auditors is ensured; (5) the auditors are appropriately qualified and have sufficient knowledge, experience and training, including on-the-job training, to perform their allocated tasks; (6) audits are performed on-site; (7) access to the relevant data and facilities is granted to the level of detail necessary to verify compliance with the applicable requirements; (8) access to the full audit report is granted to the EU operator; (9) procedures have been established for monitoring continued compliance of the third country code- share operator with the applicable requirements, taking into account the timelines in AMC1 ORO.AOC.115(b)(b) and (c); (10) procedures have been established to notify the third country code-share operator of any non- compliance with the applicable requirements, the corrective actions to be taken, the follow up of these corrective actions and closure of findings. (b) The use of a third-party provider for the initial audit or the monitoring of continuous compliance of the third-country code-share operator does not exempt the EU operator from its responsibility under ORO.AOC.115. (c) The EU operator should maintain a list of the third country code-share operators monitored by the third party provider. This list and the full audit report prepared by the third party provider should be made available to the competent authority upon request. (…) Page 17 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (15) Insertion of the new AMC1 ORO.AOC.125(a), as an outcome of RMT.0352, referring to the flight and duty time limitations and rest requirements for operations that combine CAT with NCC/NCO operations. AMC1 ORO.AOC.125(a) Non-commercial operations of an AOC holder with aircraft included in its AOC FLIGHT AND DUTY TIME LIMITATIONS AND REST REQUIREMENTS FOR COMBINED CAT AND NCC/NCO OPERATIONS When crew members are assigned to perform a series of flights that combine several types of operation (CAT, NCC/NCO), the operator should: (a) comply at any time with the provisions of ORO.FTL.210 ‘Flight times and duty periods’ or, as applicable, the provisions of Council Regulation (EEC) No 3922/91 (EU-OPS, Subpart Q), to ensure compliance with Subpart FTL for any CAT operation; and (b) include any combination of types of operation in its safety risk management process to ensure that the fatigue risks arising from such operations do not affect the CAT operation. (16) Insertion of the new GM1 ORO.AOC.125(a), as an outcome of RMT.0352, to clarify the requirements that apply to the non-commercial operations of an AOC holder, which are covered by ORO.AOC.125. GM1 ORO.AOC.125(a) Non-commercial operations of an AOC holder with aircraft included in its AOC APPLICABLE REQUIREMENTS The provisions of ORO.AOC.125 enable an AOC holder to apply the most appropriate requirements when conducting non-commercial flights, based on the risk assessment performed within its SMS. If the operational procedures used for these flights are different from those used in CAT operations, they should comply with the provisions of Annex III (Part-ORO) and Annex VI (Part-NCC), or of Annex VII (Part-NCO), as appropriate. For its non-commercial flights, an AOC holder should either apply: (a) the same operational procedures as those used in its CAT operations. In this case, the AOC holder should state this option in its operations manual and ensure that the procedures comply with Part-CAT. No further descriptions are required; or (b) different operational procedures than those used in its CAT operations. In this case, the procedures should comply with Part-ORO and Part-NCC for complex motor-powered aircraft or with Part-NCO for other-than complex motor-powered aircraft, as appropriate. (17) Insertion of the new AMC1 ORO.AOC.125 (a)(2), as an outcome of RMT.0352, to establish a list of minimum elements that an AOC holder should consider when performing the risk assessment of its non-commercial operations. AMC1 ORO.AOC.125(a)(2) Non-commercial operations of an AOC holder with aircraft included in its AOC ELEMENTS OF RISK ASSESSMENT OF DIFFERENT OPERATING PROCEDURES FOR NON-COMMERCIAL OPERATIONS When developing different operating procedures for its non-commercial flights than the ones used for its CAT flights, the AOC holder should identify the hazards and assess and mitigate the risks associated with its specific operation, as part of its safety risk management process in compliance with ORO.GEN.200. This process should consider at least the following elements: Page 18 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (a) Flight profile (including manoeuvres to be performed, any simulated abnormal situations in flight, duties and responsibilities of the crew members); (b) Continuing airworthiness, as applicable, especially of the aircraft returned to the AOC holder after being used by another operator for other-than-CAT operations in accordance with ORO.GEN.310; (c) Levels of functional equipment and systems (MEL, CDL); (d) Operating procedures, minima, and dispatch criteria; (e) Operating a flight with a double purpose (e.g. a relocation flight used as a line training flight or a maintenance check flight used as a line training flight); (f) Specific approvals held by the AOC holder; (g) Flight and duty time limitations and rest requirements and cumulative fatigue; (h) Selection, composition, and training of flight and cabin crew; (i) Multi-pilot operation as per Part-CAT vs single-pilot operation when operating according to Part-NCC or Part-NCO; (j) Flights performed with a crew that includes crew members of another operator, who have not completed a familiarisation training and who may be less familiarised with the AOC holder’s operational procedures; and (k) Categories of passengers on board. (18) Insertion of the new AMC2 ORO.AOC.125(a)(2), as an outcome of RMT.0352, to establish a flight programme for non-commercial flights with an increased level of risk, proposing a risk-based approach. AMC2 ORO.AOC.125(a)(2) Non-commercial operations of an AOC holder with aircraft included in its AOC FLIGHT PROGRAMME FOR FLIGHTS WITH AN INCREASED LEVEL OF RISK Significant issues such as how these flights should be conducted, which pilots are involved in their operation, what is the purpose of the flight, and how it is to be accomplished, should be addressed by any operator conducting such flights. For flights with an increased level of risk, such as a functional check flight, an acceptance flight, or other types of flights of a similar risk profile, the AOC holder should establish a flight programme, considering the following elements, as applicable: (a) pre-flight briefing; (b) duties and responsibilities of the crew members involved, task sharing; (c) special operating procedures; (d) manoeuvres to be performed in flight, minimum and maximum speeds and altitudes for all portions of the flight; (e) operational limitations; (f) potential risks and contingency plans; (g) adequate available airspace and coordination with the air traffic control (ATC); (h) selection of flight crew; Page 19 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (i) additional crew training at regular intervals to ensure recency (considering also a flight of a similar risk profile in the simulator, if needed). When certain maintenance work performed on aircraft requires functional checks, the crew members should be informed, prior to conducting the flight, of the nature of the malfunction and the work that had been done to correct it. (19) Insertion of the new GM1 ORO.AOC.125(a)(2), as an outcome of RMT.0352, to provide examples of operating procedures, different from the operational procedures used for a CAT operation, which an AOC holder could apply to its non-commercial flights: GM1 ORO.AOC.125(a)(2) Non-commercial operations of an AOC holder with aircraft included in its AOC EXAMPLES OF DIFFERENT OPERATIONAL PROCEDURES APPLIED TO NON-COMMERCIAL OPERATIONS Below is a non-exhaustive list of elements that an AOC holder may identify and describe as being different in its non-commercial operations from those used in its CAT operation and for which the provisions of Part-ORO and Part-NCC or the provisions of Part-NCO should apply as appropriate: (a) Qualification, training and experience of crew members, including aerodrome and route competence requirements; (b) Flight crew and cabin crew composition requirements: (1) CAT operations contain more stringent requirements for crew members, e.g. multi-pilot vs single- pilot requirements; (2) the AOC holder should specify the minimum number of flight and cabin crew and the applicable crew composition; (c) Fuel requirements; (d) Performance requirements; (e) Serviceable instruments, data and equipment and MEL considerations; (f) Non-ETOPS/ETOPS ETOPS are for CAT operations only and thus a flight operated according to the NCC/NCO rules may be performed without the ETOPS restrictions; (g) Categories of passengers on board (see AMC1 ORO.CC.100(d)). (20) Amendment of GM2 ORO.AOC.135(a) Personnel requirements to align the GM with changes made to the Continuing Airworthiness Regulation, whereby for continuous maintenance and for certain types of operations a licence is not required. This amendment mirrors the proposed change to ORO.AOC.135. GM2 ORO.AOC.135(a) Personnel requirements COMPETENCE OF NOMINATED PERSONS (a) Nominated persons in accordance with ORO.AOC.135 should be expected to possess the experience and meet the licensing provisions that are listed in qualification provisions of (b) to (f) respectively. Exceptionally, in particular cases, where the nominated person the competent authority may accept a nomination that does not meet these provisions in full. In that circumstance, the nominee should have comparable experience and also the ability to perform effectively the functions associated with the post and with the scale of the operation. Page 20 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (b) Nominated persons for flight operations, crew training and ground operations should have: (1) practical experience and expertise in the application of aviation safety standards and safe operating practices; (2) comprehensive knowledge of: (i) the applicable EU safety regulations and any associated requirements and procedures; (ii) the AOC holder's operations specifications; and (iii) the need for, and content of, the relevant parts of the AOC holder's operations manual; (3) familiarity with management systems preferably in the area of aviation; (4) appropriate management experience, preferably in a comparable organisation; and (5) 5 years of relevant work experience of which at least 2 years should be from the aeronautical industry in an appropriate position. (c) Flight operations. The nominated person should hold or have held a valid flight crew licence and the associated ratings appropriate to a type of operation conducted under the AOC. In case the nominated person’s licence and ratings are not current, his/her deputy should hold a valid flight crew licence and the associated ratings. (d) Crew training. The nominated person or his/her deputy should be a current type rating instructor on a type/class operated under the AOC. The nominated person should have a thorough knowledge of the AOC holder’s crew training concept for flight, cabin and when relevant other crew. (e) Ground operations. The nominated person should have a thorough knowledge of the AOC holder’s ground operations concept. (f) Continuing airworthiness. The nominated person for continuing airworthiness or for the continuing airworthiness management contract, as the case may be, should have the relevant knowledge and appropriate experience and qualification requirements related to aircraft continuing airworthiness as detailed in Part-M7 of Regulation (EU) No 1321/2014. (21) Amendment of AMC3 ORO.MLR.100, as an outcome of RMT.0352, to ensure consistency with the requirements on non-commercial operations of an AOC holder specified in ORO.AOC.125 AMC3 ORO.MLR.100 Operations manual — general CONTENTS — CAT OPERATIONS (…) 8.7 Non-revenue Non-commercial flights. Information as required by ORO.AOC.125 for each type of non-commercial flight performed by the AOC holder. Procedures and limitations, for example, for the following: (a) non-commercial operations by AOC holders, a description of the differences to commercial operations, 7 Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 315, 28.11.2003, p. 1). Regulation as last amended by Commission Regulation (EU) No 1149/2011 of 21 October 2011 (OJ L 298, 16.11.2011, p. 1). Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1). Page 21 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (ab) training flights, (bc) test flights, (cd) delivery flights, (de) ferry flights, (ef) demonstration flights, (fg) positioning flights, including the kind of persons who may be carried on such flights. (g) other non-commercial flights. (22) Amendment of AMC1 ORO.MLR.105(d)(3), as an outcome of RMT.0352, to ensure consistency with the new ORO.GEN.310 and with the changes made to ORO.AOC.125 AMC1 ORO.MLR.105(d)(3) Minimum equipment list SCOPE OF THE MEL The MEL should include: (a) (…) (b) Specific provision for particular types of operations carried out by the operator in accordance with ORO.GEN.310 and with ORO.AOC.125. (23) Amendment of GM1 ORO.MLR.105(d)(3), as an outcome of RMT.0352, to ensure consistency with the new ORO.GEN.310 and with the changes made to ORO.AOC.125 GM1 ORO.MLR.105(d)(3) Minimum equipment list SCOPE OF THE MEL (a) (…) (b) Examples of Different types of operations carried out by the operator in accordance with ORO.GEN.310 and with ORO.AOC.125. may be: (1) crew training, (2) positioning flights, (3) demonstration flights. (…) (24) Insertion of the new AMC1 ORO.CC.100(d), as an outcome of RMT.0352, to establish the additional conditions that an operator should comply with when using the alleviation proposed in the new point (d) of ORO.CC.100. AMC1 ORO.CC.100(d) Number and composition of cabin crew ADDITIONAL MITIGATION MEASURES FOR NON-COMMERCIAL OPERATIONS WITH NO OPERATING CABIN CREW ON BOARD AN AIRCRAFT WITH AN MOPSC OF MORE THAN 19 AND MAXIMUM 19 PASSENGERS The operator should assess the risk of these operations and ensure that the adopted procedures mitigate the risk of operating such a flight with no operating cabin crew. Page 22 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO The additional mitigation measures should be properly adapted to the categories of passengers carried on board such flights, who may be knowledgeable or not about procedures in normal operations and in abnormal and/or emergency situations. On developing such procedures, the operator should consider the cabin crew requirements specified in the aircraft’s certification documentation. These procedures should provide an appropriate level of protection to the passengers on board. The mitigation measures included in these procedures should be adapted for the two following categories of passengers: (a) Non-operating crew members (flight crew, cabin crew, technical crew) who may be familiarised with the procedures in normal operations and in abnormal and/or emergency situations and trained on the specific type of aircraft (e.g. operation of doors, location of equipment, use of equipment). For this category of passengers, the AOC holder may use the provisions on passenger seating and briefing in Annex IV (Part-CAT) or Annex VI (Part-NCC) to ensure appropriate passenger protection in the cabin. Any additional safety instructions on the specific type of aircraft that are deemed necessary to ensure passenger protection should be included in these procedures. (b) Passengers, other than non-operating crew members, who may be unacquainted with the procedures in normal operations and in abnormal and/or emergency situations. For this category of passengers, the operator should establish and apply procedures to ensure appropriate passenger protection in the cabin, such as: (1) Passenger seating (i) Safety and emergency procedures to ensure both easy access to the emergency exits and rapid evacuation of passengers; (ii) Special seating arrangements for passengers in the cabin to enable clear and quick communication with the flight crew and also good visibility from the flight crew compartment of all passengers in emergency situations. (2) Passenger briefing Safety and emergency procedures, including operation of the emergency exits and rapid evacuation of passengers in case of emergency. (3) Coordination of passengers in emergency situations. Such procedures should describe the way in which appropriate surveillance, coordination and communication with the passenger compartment is ensured for the duration of the flight, as well as the way in which passenger protection is ensured in the case of an emergency. For both categories of passengers in points (a) and (b) above, the operator should develop mitigation measures to cover at least the following elements: (c) passenger cabin surveillance, (d) operation of doors, (e) evacuation procedures, (f) flight crew incapacitation, Page 23 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (g) donning of oxygen masks, (h) inflation of life-vests, and (i) training and recency of frequent travellers. Frequent travellers are defined by the operator. The operator should be able to show evidence of the training and recency in the safety and emergency procedures on the aircraft type of the frequent travellers. (25) Deletion of the last sentence of GM1 ORO.CC.100 Number and composition of cabin crew to delete the reference to type certification GM1 ORO.CC.100 Number and composition of cabin crew MINIMUM NUMBER OF CABIN CREW (a) When determining the minimum required cabin crew for its specific aircraft cabin configuration, the operator should: (1) request information regarding the minimum number of cabin crew established by the aircraft type certificate (TC) holder or other design organisation responsible for showing compliance with the evacuation requirements of the applicable Certification Specifications; and (2) take into account the factors specified in AMC1 ORO.CC.100, as applicable. (b) The number of cabin crew referred to in ORO.CC.100 (b)(1) means either: (1) the number of cabin crew who actively participated in the aircraft cabin during the relevant emergency evacuation demonstration, or who were assumed to have taken part in the relevant analysis, carried out by the aircraft TC holder when demonstrating the maximum passenger seating capacity (MPSC) of the aircraft type at the time of initial type certification; or (2) a lower number of cabin crew who actively participated in a subsequent emergency evacuation demonstration, or who were assumed to have taken part in the relevant analysis, and for which approval has been obtained for a cabin configuration other than the MPSC, either by the TC holder or by another design organisation. The operator should obtain a clear indication of that number which is specified in the related documentation. If a lower number is not specified, the number of cabin crew established at the time of initial type certification applies. (26) Insertion of the new GM1 ORO.CC.100(d), as an outcome of RMT.0352, to provide examples of mitigation measures that an operator could use to comply with the provisions of ORO.CC.100(d). GM1 ORO.CC.100(d) Number and composition of cabin crew EXAMPLES OF MITIGATION MEASURES For the purpose of safety instructions and passenger briefing, the operator may decide to establish a ratio between the two categories of passengers described in (a) and (b) of AMC1 ORO.CC.100(d). The operator may also provide an extended briefing to one or more frequent traveller passengers to facilitate communication with the flight crew and coordination of all passengers in case of an emergency. The concept of frequent travellers should be similar to the one applied by a commercial operator when determining the frequent-flyer programme offered to its passengers. In principle, a passenger who uses often the same airline for his or her flights is already familiarised with the safety briefing/demonstrations or with the passenger training programme covering all safety and emergency procedures for a given type of aircraft operated by that airline. The passengers of an NCC operator are more or less the same persons, so the Page 24 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO probability that they are familiarised with the safety and emergency procedures of the aircraft used by that NCC operator is quite high. Therefore, they, too, could be considered frequent travellers. (27) Insertion of the new GM2 ORO.CC.100(d), as an outcome of RMT.0352, to clarify that the alleviation in point (d) of ORO.CC.100 may apply also when the minimum number of cabin crew is specified in the STC. GM2 ORO.CC.100(d) Number and composition of cabin crew CERTIFICATION APPROVAL ASPECTS AND THEIR EFFECT ON THIS ALLEVIATION Aircraft with an MOPSC below 19 are not subject to the requirements of ORO.CC.100. The supplemental type certificate (STC) may specify a different minimum number of cabin crew than the one mentioned in the TCDS. Point (d) of ORO.CC.100 is an alleviation from the operational requirements and the STC (where possible) by which an operator may perform a non-commercial flight with no operating cabin crew for carrying maximum 19 passengers on board a large aircraft (with an MOPSC above 19) on the condition that significant mitigation measures are applied. The alleviation in ORO.CC.100(d) may be used also for those aircraft where the minimum number of cabin crew is specified in the aircraft’s STC, because that number was established by the manufacturer through an evacuation test with the maximum number of passengers on board for the certificated MOPSC. For example, the TCDS for a certain type of aircraft requires minimum 8 cabin crew members for up to 400 passengers. However, if an operator carries a maximum of 19 passengers on a non-commercial flight and applies specific safety and emergency procedures to mitigate the risk of such operation, cabin crew may be optional under the conditions specified in ORO.CC.100(d). (28) Insertion of the new GM1 ORO.CC.205(a) Reduction of the number of cabin crew explaining the term ‘present and ready to act’. This term has been introduced to enable a reduction of the minimum number of CC during the cruise phase when in-flight rest is necessary. GM1 ORO.CC.205(a) Reduction of the number of cabin crew CABIN CREW PRESENT AND READY TO ACT ‘Present and ready to act’ means that cabin crew members should be awake and in a state of alertness that enables them to fulfil their responsibilities and perform their duties as required by any situation in accordance with all applicable normal and emergency procedures established in the operations manual. (29) Amendment of the title of AMC1 ORO.CC.205(c)(1) on reduction of the number of cabin crew AMC1 ORO.CC.205(c)(1) Reduction of the number of cabin crew during ground operations and in unforeseen circumstances PROCEDURES WITH REDUCED NUMBER OF CABIN CREW (a) During ground operations, if reducing the applicable minimum required number of cabin crew, the operator should ensure that the procedures required by ORO.CC.205 (c)(1) specify that: (1) electrical power is available on the aircraft; (2) a means of initiating an evacuation is available to the senior cabin crew member or at least one member of the flight crew is in the flight crew compartment; Page 25 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (3) cabin crew stations and associated duties are specified in the operations manual; and (4) cabin crew remain aware of the position of servicing and loading vehicles at and near the exits. Additionally, in the case of passengers’ embarkation: (5) the senior cabin crew member should have performed the pre-boarding safety briefing to the cabin crew; and (6) the pre-boarding cabin checks should have been completed. (b) If, in unforeseen circumstances, the number of cabin crew members is reduced below the applicable minimum required number, for example in the event of incapacitation or unavailability of cabin crew, the procedures established for this purpose in the operations manual should take into consideration at least the following: (1) reduction of passenger numbers; (2) reseating of passengers with due regard to doors/exits and other applicable limitations; and (3) relocation of cabin crew taking into account the factors specified in AMC1 ORO.CC.100 and any change of procedures. (30) Insertion of the new AMC1 ORO.CC.205(d) on reduction of the number of cabin crew taking into account the changes made to ORO.CC.205 AMC1 ORO.CC.205(d) Reduction of the number of cabin crew RISK ASSESSMENT FOR CRUISE PHASE OPERATION WITH A LOWER NUMBER OF CABIN CREW MEMBERS When conducting the risk assessment required under ORO.CC.205(d), the operator should: (a) assess the risks as relevant to the type and duration of the flight to be operated, aeroplane type, cabin configuration, passenger seating capacity, the number and qualification of the operating cabin crew members, and the particular flight duty period (FDP); (b) determine how many cabin crew members should be present and ready to act at any time to realistically manage the normal and emergency procedures to be applied during cruise; and (c) evaluate the time and conditions necessary for the cabin crew members taking in-flight rest to reach their assigned cabin crew stations in case of an emergency. (31) Insertion of the new AMC2 ORO.CC.205(d) on reduction of the number of cabin crew reflecting the proposed changes to ORO.CC.205 AMC2 ORO.CC.205(d) Reduction of the number of cabin crew SPECIFIC PROCEDURES FOR CRUISE PHASE OPERATION WITH A LOWER NUMBER OF CABIN CREW MEMBERS IN THE PASSENGER COMPARTMENT When establishing the specific procedures for cruise phase operation with a lower number of cabin crew members in the passenger compartment, the operator should at least consider the following: (a) Normal procedures including at least: (1) surveillance of the passenger compartment, including the lavatories and the galleys; (2) management of, and assistance to, passengers; Page 26 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012) AMC/GM to Part-ORO (3) crew communication and coordination, including the necessary contact with and support to the flight crew as specified by the operator; (b) Emergency procedures including at least those to be applied in case of: (1) medical emergency; (2) unruly behaviour; (3) unlawful interference or bomb threat; (4) slow depressurisation; (5) decompression; (6) fire or smoke event; (7) emergency descent, taking into account that the procedure to be applied may vary depending on the causing event (e.g. depressurisation or fire). (c) Specific procedures for cruise phase operation with a lower number of cabin crew should describe: (1) how to re-assign duties and responsibilities of cabin crew members or senior crew members who take in-flight rest to another cabin crew member considering the experience and qualification of the cabin crew member or senior cabin crew member; and (2) how cabin crew members taking in-flight rest can be again ready to act and reach their assigned cabin crew stations in case of an emergency. Page 27 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 AMC/GM to Part-CAT Draft AMC/GM to Part-CAT The Annex to Decision 2014/015/R is hereby amended as follows: The text of the amendment is arranged to show deleted, new or amended text as shown below: 1. deleted text is marked with strike through; 2. new or amended text is highlighted in grey; and 3. an ellipsis (…) indicates that the remaining text is unchanged in front of or following the reflected amendment. (1) New AMC to CAT.OP.MPA.107 on adequate aerodrome to align with ICAO Annex 6. AMC1 CAT.OP.MPA.107 Adequate aerodrome RESCUE AND FIREFIGHTING SERVICES (RFFS) When considering the adequacy of an aerodrome’s rescue and firefighting services (RFFS), the operator should: (a) as part of its management system, assess the level of RFFS protection available at the aerodrome intended to be specified in the operational flight plan in order to ensure that an acceptable level of protection is available for the intended operation; and (b) include relevant information related to the RFFS protection that is deemed acceptable by the operator in the operations manual. (2) New GM to CAT.OP.MPA.107 on adequate aerodrome to align with ICAO Annex 6 and to refer to available guidance on the assessment of the level of an aerodrome’s rescue and firefighting services. GM1 CAT.OP.MPA.107 Adequate aerodrome RESCUE AND FIREFIGHTING SERVICES (RFFS) Guidance on the assessment of the level of an aerodrome’s RFFS may be found in Attachment I to ICAO Annex 6 Part I. (3) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in AMC1 CAT.IDE.A.125(a)(1)(iii) & CAT.IDE.A.130(b) Operations under VFR by day & Operations under IFR or at night — flight and navigational instruments and associated equipment in line with changes made to implementing rules AMC1 CAT.IDE.A.125(a)(1)(iii) & CAT.IDE.A.130(b) Operations under VFR by day & Operations under IFR or at night — flight and navigational instruments and associated equipment CALIBRATION OF THE MEANS OF MEASURING AND DISPLAYING PRESSURE ALTITUDE The instrument measuring and displaying pressure barometric altitude should be of a sensitive type calibrated in feet (ft), with a sub-scale setting, calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight. Page 28 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 AMC/GM to Part-NCC Draft AMC/GM to Part-NCC The Annex to Decision N° 2013/021/Directorate R is hereby amended as follows: The text of the amendment is arranged to show deleted, new or amended text as shown below: 1. deleted text is marked with strike through; 2. new or amended text is highlighted in grey; and 3. an ellipsis (…) indicates that the remaining text is unchanged in front of or following the reflected amendment. (…) (1) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in AMC1 NCC.IDE.A.120(a)(3) & NCC.IDE.A.125(a)(3) Operations under VFR & Operations under IFR — flight and navigational instruments and associated equipment in line with changes made to implementing rules AMC1 NCC.IDE.A.120(a)(3) & NCC.IDE.A.125(a)(3) Operations under VFR & Operations under IFR — flight and navigational instruments and associated equipment CALIBRATION OF THE MEANS OF MEASURING AND DISPLAYING PRESSURE ALTITUDE The instrument measuring and displaying pressure barometric altitude should be of a sensitive type calibrated in feet (ft), with a sub-scale setting, calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight. Page 29 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 AMC/GM to Part-NCO Draft AMC/GM to Part-NCO The Annex to Decision 2014/016/R is hereby amended as follows: The text of the amendment is arranged to show deleted, new or amended text as shown below: 1. deleted text is marked with strike through; 2. new or amended text is highlighted in grey; and 3. an ellipsis (…) indicates that the remaining text is unchanged in front of or following the reflected amendment. (…) (1) Insertion of the new AMC1 NCO.GEN.104, as an outcome of RMT.0352, to mirror — at the level of NCO operators — the new ORO.GEN.310 for the operation of an aircraft included in an AOC by other operators for NCO operations AMC1 NCO.GEN.104 Use of aircraft included in an AOC by an NCO operator RESPONSIBILITIES OF THE NCO OPERATOR The operator using the aircraft included in an AOC for its operations performed in accordance with this Part should describe the following elements in its procedure mentioned in point (b) of NCO.GEN.104: (a) the way in which the shift of operational control is communicated, including how, when and to whom the information is communicated; (b) the means to ensure that the relevant personnel are instructed to: (1) contact the CAMO of the AOC holder for any defect or technical malfunction which occurs before or during the operation. The information about any defect or malfunction should be transmitted to the CAMO of the AOC holder before the aircraft is used for the next flight. In any case, the same information should be confirmed by the entries in the aircraft technical log system; (2) report any occurrence in accordance with the applicable rules and the internal procedures; and (c) describe the way in which it deals with failures and defects identified before the flight. (2) Insertion of the new GM1 NCO.GEN.104, as an outcome of RMT.0352, to explain that the term ‘NCO operator’ covers also an operator conducting non-commercial SPO activities with other-than complex motor-powered aircraft: GM1 NCO.GEN.104 Operation of aircraft included in an AOC by an NCO operator MEANING OF THE TERM ‘NCO OPERATOR’ IN THE CONTEXT OF THIS RULE As per SPO.GEN.005, an operator conducting non-commercial SPO activities with other-than complex motor- powered aircraft has to comply with the provisions of Annex VII (Part-NCO), not with Part-SPO. Having this requirement in view, the term ‘NCO operator’ includes also an operator conducting non-commercial SPO activities with other-than complex motor-powered aircraft. Page 30 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 AMC/GM to Part-NCO (3) Insertion of the new GM1 NCO.GEN.104(c), as an outcome of RMT.0352, to clarify that the NCO operator and the CAMO of the AOC holder should have a contract in accordance with the continuing airworthiness requirements GM1 NCO.GEN.104(c) Use of aircraft included in an AOC by an NCO operator CONTINUING AIRWORTHINESS MANAGEMENT In accordance with Part-M, the management of the continuing airworthiness of the aircraft by the CAMO of the AOC holder means that the NCO operator has established a written contract as per Appendix I to Part-M with this CAMO. (4) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in AMC1 NCO.IDE.A.120(a)(3) & NCO.IDE.A.125(a)(3) Operations under VFR operations & operations under IFR — flight and navigational instruments and associated equipment in line with changes made to implementing rules. AMC1 NCO.IDE.A.120(a)(3) & NCO.IDE.A.125(a)(3) Operations under VFR operations & operations under IFR — flight and navigational instruments and associated equipment CALIBRATION OF THE MEANS OF MEASURING AND DISPLAYING PRESSURE ALTITUDE The instrument measuring and displaying pressure barometric altitude should be of a sensitive type calibrated in feet (ft), with a sub-scale setting, calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight. Page 31 of 32 European Aviation Safety Agency Draft AMC/GM to Commission Regulation (EU) No 965/2012 Draft AMC/GM to Part-SPO The Annex to Decision 2014/018/R is hereby amended as follows: The text of the amendment is arranged to show deleted, new or amended text as shown below: 1. deleted text is marked with strike through; 2. new or amended text is highlighted in grey; and 3. an ellipsis (…) indicates that the remaining text is unchanged in front of or following the reflected amendment. (1) Replacement of the term ‘pressure altitude’ with the term ‘barometric altitude’ in AMC1 SPO.IDE.A.120(a)(3) & SPO.IDE.A.125(a)(3) Operations under VFR & operations under IFR — flight and navigational instruments and associated equipment in line with changes made to implementing rules. AMC1 SPO.IDE.A.120(a)(3) & SPO.IDE.A.125(a)(3) Operations under VFR & operations under IFR — flight and navigational instruments and associated equipment CALIBRATION OF THE MEANS OF MEASURING AND DISPLAYING PRESSURE ALTITUDE The instrument measuring and displaying pressure barometric altitude should be of a sensitive type calibrated in feet (ft), with a sub-scale setting, calibrated in hectopascals/millibars, adjustable for any barometric pressure likely to be set during flight. Page 32 of 32 EUROPEAN COMMISSION Brussels, XXX […](2016) XXX draft ANNEX TO EASA OPINION No 04/2017 COMMISSION REGULATION (EU) …/.. of XXX EN EN  DRAFT COMMISSION REGULATION (EU) …/… of XXX amending Commission Regulations (EU) No 965/2012 and (EU) No 1321/2014 as regards an update of the air operational rules and the use of aircraft included in an AOC for other-than-CAT operations 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/EC (1), and in particular Articles 5(5) and 8(5) thereof, Whereas: (1) Commission Regulation (EU) No 965/2012 of 5 October 2012(2) lays down detailed rules for air operations. These rules should be updated to ensure that they reflect the state-of-the-art and the best practices in the field concerned. (2) Experience has demonstrated that certain requirements are open to interpretation and may lead to harmonisation problems. (3) A number of editorial errors have also been identified in Commission Regulation (EU) No 965/2012. (4) The requirements related to different types of operation should be proportionate to the scale and scope of the operation, as well as to the complexity of operations and the risk involved. (5) The requirement that the competent authority must approve the different procedures of an AOC holder’s non-commercial operation creates an uneven treatment between AOC holders and non-commercial operators regarding such operations. This requirement should therefore be removed, to ensure regulatory consistency. (6) An alleviation for non-commercial operations with no operating cabin crew on board an aircraft having a maximum operational passenger seating configuration (MOPSC) above 19 and with maximum 19 passengers on board should be allowed provided that the application thereof does not contradict the data of the aircraft certification approval of the aircraft cabin configuration used by the operator. Additionally, the operator should be allowed to use this alleviation only if it applies appropriate measures to mitigate the risk of such operation. This alleviation would ensure that the cabin crew requirements for non-commercial operation with maximum 19 passengers on a large aircraft (MOPSC above 19) are kept at a proportionate level compared to those for ( 1) OJ L 79, 19.3.2008, p. 1. ( 2) 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 (OJ L 296, 25.10.2012, p. 1). EN 2 EN  commercial operation with the same maximum number of passengers (19) but on a smaller aircraft (MOPSC of maximum 19). (7) Additional provisions to address the use of aircraft included in the air operator certificate (AOC) by other operators (including flight training organisations), for other-than-CAT operations performed in accordance with Part-NCC, Part-NCO or Part-SPO should be included in the current requirements. These provisions should be practical enough to enable the use of such aircraft by other operators without removing it from the AOC. They should describe a clear operational framework, easy to implement and oversee, with no impact on the safety of these operations. (8) The safety of such operations should be reinforced at the level of continuing airworthiness of the aircraft used by other operators, thus ensuring that the same continuing airworthiness management organisation performs the tasks related to continuing airworthiness of that aircraft. (9) Commission Regulation (EU) No 1321/2014, Annex I (Part-M) should, therefore, be amended accordingly. (10) Commission Regulation (EU) No 965/2012 requires commercial air transport (CAT) operators to brief passengers and to provide them with a safety briefing card, but does not distinguish between the operation of safety and emergency equipment. In addition, Commission Regulation (EU) No 965/2012 does not contain a definition of emergency exits. (11) Commission Regulation (EC) No 965/2012 should, therefore, be amended accordingly. (12) The measures provided for in this Regulation are based on Opinion No 04/2017 issued by the Agency in accordance with Article 19(1) of Regulation (EC) No 216/2008. (13) 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 Article 6(3) of Commission Regulation (EU) No 965/2012 is replaced as follows: ‘3. By way of derogation from Article 5 and without prejudice to Regulation (EC) No 216/2008 and Commission Regulation (EU) No 748/2012 (*) related to the permit to fly, the following flights shall be operated under conditions set out in Member States' national law: (a) flights related to the introduction or modification of aircraft types conducted by design or production organisations within the scope of their privileges; (b) one-off flights carrying no passengers or cargo where the aircraft is ferried for refurbishment, repair, maintenance checks, inspections, delivery, export or similar purposes, provided that such flights are operated by an organisation other than an AOC holder and the aircraft is not listed on an air operator certificate.’ EN 3 EN  Article 2 Paragraph (c) of Article 6(4a) of Commission Regulation (EU) No 965/2012 is replaced as follows: ‘(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 approved in accordance with 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. The competent authority shall publish criteria specifying to which extent it considers an activity marginal and how this is being overseen.’ Article 3 The following Annexes to Commission Regulation (EU) No 965/2012 are amended in accordance with Annex I to this Regulation: (1) Annex I Definitions for terms used in Annexes II to VIII (2) Annex II Authority Requirements for Air Operations [PART-ARO] (3) Annex III Organisation Requirements for Air Operations [PART-ORO] (4) Annex IV Commercial Air Transport Operations [Part-CAT] (5) Annex V Specific Approvals [Part-SPA] (6) Annex VI Non-Commercial Air Operations with Complex Motor-Powered Aircraft [PART-NCC] (7) Annex VII Non-Commercial Air Operations with Other-Than Complex Motor- Powered Aircraft [PART-NCO] (8) Annex VIII Specialised Operations [PART-SPO] Article 4 Annex I (Part-M) to Commission Regulation (EU) No 1321/2014 is amended in accordance with Annex II to this Regulation. Article 5 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. EN 4 EN  Done at Brussels, For the Commission The President […] EN 5 EN European Aviation Safety Agency Opinion No 04/2017 Update of the rules on air operations and continuing airworthiness RELATED NPA/CRD 2015-181 AND 2015-052 — RMT.05161 AND RMT.03522 EXECUTIVE SUMMARY The objective of this Opinion is to maintain a high level of safety in air operations by proposing amendments to Regulation (EU) No 965/2012 (hereinafter referred to as the ‘Air OPS Regulation’). The proposed amendments apply to all Parts of the Regulation (Definitions, Part-ARO, Part-ORO, Part-CAT, Part-SPA, Part-NCC, Part-NCO, Part-SPO). This Opinion includes also the outcome of RMT.0352 on non-commercial operation of aircraft by a holder of an air operator certificate (AOC) proposing to remove the prior approval of the operational procedures used for non- commercial flights when these procedures differ from those employed in a commercial air transport (CAT) operation. It also introduces a regulatory framework to allow the use of aircraft registered on an AOC by other operators for other- than-CAT operations, and as a result, proposes an amendment to Part-M of Regulation (EU) No 1321/2014 (hereinafter referred to as the ‘Continuing Airworthiness Regulation’). The proposed changes are expected to ensure alignment with ICAO. In addition, through said changes, EASA expects to ensure an efficient and proportionate set of implementing rules (IRs) and acceptable means of compliance (AMC)/guidance material (GM) on air operations and to resolve any inconsistencies identified following the adoption of the Air OPS Regulation, reflecting thus the state of the art and best practices in the fields concerned. The addition to the maintenance programme in Part-M mirrors the changes to the operational requirements brought about by RMT.0352.For information, EASA developed the related draft AMC/GM which are published for information together with this Opinion. 1 2 Action area: Safety: Emerging issues ; airlines 1&2 2 Affected rules Regulation (EU) No 965/2012 , Part-M of Regulation (EU) No 1321/2014 1&2 2 Affected stakeholders All operators and NAAs ; continuing airworthiness management organisations (CAMOs) 1&2 2 2 1 Driver Safety ; Efficiency/proportionality Rulemaking group: Yes ; No 1&2 Impact assessment Light RIA for NPA 2015-18 (C) and NPA 2015-05. Rulemaking Procedure: Standard No RIA for NPA 2015-18 (A) and NPA 2015-18 (B) 1 1 6.10.2014 27.11.2015 29.06.2017 2018/Q2 2019/Q2 2 2 4.12.2013 30.3.2015 TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 1 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 Table of contents Table of contents 1. About this Opinion............................................................................................................................... 3 1.1. How this Opinion was developed ............................................................................................................3 1.1.1. RMT.0516 — consultation on the proposed changes to the implementing rule (IR) ......................4 1.1.2. RMT.0516 — consultation on the proposed changes to the AMC/GM ...........................................5 1.1.3. RMT.0516 — consultation on the proposed changes to passenger seating and briefing provisions 5 1.1.4. RMT.0352 — consultation on the proposed changes ......................................................................6 1.2. The next steps..........................................................................................................................................9 2. In summary — why and what ............................................................................................................. 10 2.1. Why we need to change the rules — issue/rationale ...........................................................................10 2.1.1. RMT.0516 — Update of the rules on air operations ......................................................................10 2.1.2. RMT.0352 — Non-commercial operations of aircraft listed in the Operations Specifications (OpSpecs) by an AOC holder ..........................................................................................................................10 2.2. What we want to achieve — objectives ................................................................................................13 2.3. How we want to achieve it — overview of the proposals .....................................................................13 2.3.1. RMT.0516 — Update of the rules on air operations ......................................................................13 2.3.2. RMT.0352 — non-commercial operations of aircraft listed in the Operations Specifications (OpSpecs) by an AOC holder ..........................................................................................................................13 2.4. How we address safety recommendations (SRs) ..................................................................................15 2.4.1. RMT.0516 — Update of the rules on air operations ......................................................................15 2.4.2. RMT.0352 — non-commercial operations of aircraft listed in the Operations Specifications (OpSpecs) by an AOC holder ..........................................................................................................................17 2.5. What are the stakeholders’ views — outcome of the consultation on the proposed changes (RMT.0516) ........................................................................................................................................................18 2.5.1. Feedback and responses to open questions ..................................................................................18 2.5.2. Proposed changes to Article 6(3) of the Air OPS Regulation .........................................................19 2.5.3. Proposed changes to Annex I (Definitions) ....................................................................................20 2.5.4. Proposed changes to Part-ARO......................................................................................................20 2.5.5. Proposed changes to Part-ORO .....................................................................................................21 2.5.6. Proposed changes to Part-CAT ......................................................................................................25 2.5.7. Proposed changes to Part-SPA ......................................................................................................25 2.5.8. Proposed changes to Part-NCC ......................................................................................................25 2.5.9. Proposed changes to Part-NCO .....................................................................................................26 2.5.10. Proposed changes to Part-SPO ......................................................................................................26 2.6. What are the expected benefits and drawbacks of the proposals .......................................................26 2.6.1. RMT.0516 — Update of the rules on air operations ......................................................................26 2.6.2. RMT.0352 — non-commercial operations of aircraft listed in the Operations Specifications (OpSpecs) by an AOC holder ..........................................................................................................................26 2.7. How do we monitor and evaluate the rules ..........................................................................................27 2.7.1. RMT.0516 — Update of the rules on air operations ......................................................................27 2.7.2. RMT.0352 — non-commercial operations of aircraft listed in the Operations Specifications (OpSpecs) by an AOC holder ..........................................................................................................................27 3. References ........................................................................................................................................ 28 3.1. Affected regulations ..............................................................................................................................28 3.2. Related decisions ...................................................................................................................................28 3.3. Other reference documents ..................................................................................................................29 4. Appendices........................................................................................................................................ 31 TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 2 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 1. About this Opinion 1. About this Opinion 1.1. How this Opinion was developed The European Aviation Safety Agency (EASA) developed this Opinion in line with Regulation (EC) No 216/20081 and the Rulemaking Procedure2. These rulemaking activities are included in the EASA 5-year Rulemaking Programme under RMT.0516 and RMT.0352. The scope and timescales of the task were defined in the related ToR3 & 4. Regarding RMT.0516, the draft text of this Opinion has been developed by EASA. All interested parties were consulted through NPA 2015-18, which was divided into NPAs (A), (B) and (C)5, on the ‘Update of the rules on air operations’, with NPA 2015-18 (C) focusing on passenger seating and briefing. Regarding RMT.0352 on non-commercial operations of aircraft listed in the Operations Specifications (OpSpecs) by an AOC holder, the draft text of this Opinion has been developed by EASA based on the input of Rulemaking Group (RMG) RMT.0352 (OPS.075 (a) & (b)). All interested parties were consulted through NPA 2015-056. EASA has addressed and responded to the comments received to the NPAs 2015-18 (A), (B) and (C). The comments received and the EASA responses thereto are presented in Comment-Response Documents (CRDs) 2015-18 (A), (B) and (C)7. The comments received to NPA 2015-05 (stemming from RMT.0352 and the individual responses thereto are presented in CRD 2015-05. As regards RMT.0516, the final text of this Opinion and the draft regulation have been developed by EASA. As regards RMT.0352, the final text of this Opinion and the draft regulation have been developed based on the input of RMG RMT.0352 (OPS.075(a)&(b)) and the Member States. Since a part of the rules (ORO.GEN.310) was developed after the closing of the public consultation period, particularly to address several comments on NPA 2015-05, a focused consultation with the Review Group for NPA 2015-05 was organised. For the final draft of these rules, a focused consultation with the competent authorities (CAs) took place at a later stage. The comments received to ORO.GEN.310 have not been included in the CRD, as there was no reference to it in the draft text proposed through the NPA; however, responses to said comments have been provided to the commentators. The draft rule text proposed by EASA is published on the EASA website8. The major milestones of this rulemaking activity are presented on the title page. 1 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/EC (OJ L 79, 19.3.2008, p. 1) (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1467719701894&uri=CELEX:32008R0216). 2 EASA is bound to follow a structured rulemaking process as required by Article 52(1) of Regulation (EC) No 216/2008. Such a process has been adopted by the EASA Management Board (MB) and is referred to as the ‘Rulemaking Procedure’. See MB Decision No 18-2015 of 15 December 2015 replacing Decision 01/2012 concerning the procedure to be applied by EASA for the issuing of opinions, certification specifications and guidance material. (http://www.easa.europa.eu/the-agency/management- board/decisions/easa-mb-decision-18-2015-rulemaking-procedure) 3 http://www.easa.europa.eu/system/files/dfu/ToR%20to%20RMT.0516%20AND%20RMT.0517%20-%20Issue%202.pdf 4 http://www.easa.europa.eu/document-library/terms-of-reference/tor-ops075-and-b-rmt0352-rmt0353-issue-1 5 In accordance with Article 52 of Regulation (EC) No 216/2008 and Articles 5(3) and 6 of the Rulemaking Procedure. 6 In accordance with Article 52 of Regulation (EC) No 216/2008 and Articles 5(3) and 6 of the Rulemaking Procedure. 7 http://easa.europa.eu/document-library/comment-response-documents 8 http://easa.europa.eu/document-library/opinions TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 3 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 1. About this Opinion 1.1.1. RMT.0516 — consultation on the proposed changes to the implementing rule (IR) NPA 2015-18 (A), which contained the proposed changes to the IR, attracted 311 comments. Comments were submitted by 43 commentators, including EU national aviation authorities (NAAs), air operators and several associations. 312 received comments NAAs 17% Private individuals 4% Manufacturers 46% Air operators 13% National 0% organisations 20% International organisations Figure 1: Distribution of the comments received on NPA 2015-18 (A) In summary, 78 comments were accepted or partially accepted by EASA, and 198 comments were noted, while only 35 comments were not accepted. The high number of noted comments results from the responses to the open questions, where EASA notes the comments made. EASA agrees with the commentators, who requested that many of the questions should be addressed in a horizontal rulemaking task coverall all domains. Therefore, the responses to those questions will be taken into account in a future rulemaking task (RMT.0706). 11% 25% 64% accepted or partically accepted noted not accepted Figure 2: Distribution of the responses to the comments on NPA 2015-18 (A) TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 4 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 1. About this Opinion 1.1.2. RMT.0516 — consultation on the proposed changes to the AMC/GM NPA 2015-18 (B), which contained the proposed changes to the AMC/GM attracted 275 comments by 36 commentators, including EU NAAs, aircraft manufacturers, air operators and several associations. [PERCENTAGE] European associations [PERCENTAGE] 12% 1% Manufacturers/association s [PERCENTAGE] NAAs Private individuals Others 63% Operators Figure 1: Distribution of the comments received on NPA 2015-18 (B) In summary, 110 comments were accepted or partially accepted by EASA, and 123 comments were noted. Only 42 of the comments received were not accepted. A small number of comments were duplications. 15% 40% 45% accepted or partically accepted noted not accepted Figure 2: Distribution of the responses to the comments on NPA 2015-18 (B) 1.1.3. RMT.0516 — consultation on the proposed changes to passenger seating and briefing provisions NPA 2015-18 (C) included the proposed changes to passenger seating and briefing provisions. In total, 75 comments were received from 23 interested parties, including EU NAAs, one non-EU NAA, organisations/associations, individual air operators and one private individual. 17 comments were accepted, 15 were partially accepted, 31 comments were noted, and 12 comments were not accepted. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 5 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 1. About this Opinion 4% 35% 31% 4% 26% Associations/Organisations EU-NAAs Figure 1: Distribution of the comments received on NPA 2015-18 (C) 16% 43% 41% accepted or partically accepted noted not accepted Figure 2: Distribution of the responses to the comments on NPA 2015-18 (C) 1.1.4. RMT.0352 — consultation on the proposed changes NPA 2015-05 received 92 comments from 21 commentators, of which 10 competent authorities, 4 air operators, 4 air operator associations, 1 aircraft manufacturer, 1 aircraft delivery company, and Eurocontrol. The bar chart below shows the number of commentators by category (NAAs, air operators, etc.). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 6 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 1. About this Opinion Chart 1: Categories of commentators Categories of commentators 12 10 8 6 4 2 0 National Air operators Airline A/C Aircraft Other Aviation associations Manufacturer delivery (Eurocontrol) Authorities company Chart 2 shows the number and proportion of the comments submitted by each category of commentators: Chart 2: Number and percentage of comments submitted by each category of commentators Number of comments (and percentage) per category of commentators [VALUE] [VALUE] [VALUE] ([PERCENTAGE]) ([PERCENTAGE]) ([PERCENTAGE]) [VALUE] ([PERCENTAGE]) [VALUE] ([PERCENTAGE]) [VALUE] ([PERCENTAGE]) National Aviation Authorities Air operators Airline associations Manufacturer Aircraft delivery company Other (Eurocontrol) Most comments were submitted by national aviation authorities (49 out of 92, representing 53 % of the total number of comments), followed by industry representatives (airline associations), in a proportion of 27 % (25 out of 92 comments). The other categories of commentators submitted a smaller number of comments, resulting in a smaller percentage per each category (below 10 %). The areas/topics which were most commented — and which clearly indicated their relevance to stakeholders — are shown in the chart below. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 7 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 1. About this Opinion Chart 3: Number (and percentage) of comments received to the main topics commented by stakeholders Mostly commented topics, number (and percentage) of comments [VALUE] ([PERCENTAGE]) [VALUE] [VALUE] ([PERCENTAGE]) [VALUE] ([PERCENTAGE]) ([PERCENTAGE]) [VALUE] ([PERCENTAGE]) [VALUE] ([PERCENTAGE]) [VALUE] [VALUE] ([PERCENTAGE]) ([PERCENTAGE]) [VALUE] ([PERCENTAGE]) Definitions, types, examples of non-commercial flights (27) Elements of risk assessment for non-commercial flights; flight programme (9) Prior approval of the AOC holder's different procedures for non-commercial flights (4) Number and composition of cabin crew (14) Transfer of operational control; operation of a/c listed on an AOC by other operators (rule applicability; identification of applicable requirements) (22) Add definition or explanation for non-commercial, non-revenue, commercial flight (6) ORO.AOC.125 and SPO activities (2) FTL (3) Other comments (16) Some comments addressed more than one topic — that is why the sum of comments in this chart is higher than the total number of comments inserted in the CRT (98 comments compared to 92 comments numbered in CRT). ‘Other comments’ include those that were outside the scope of this RMT, those taking notice of this RMT but requiring no change to the content, those related to other topics addressed in this RMT, which, too, required no change to the proposed text, and those providing statements (comparison with other regulatory systems). The chart below shows the statistics of comment acceptance. For the comments that referred to several issues (on the same topic or on different topics), with different degrees of acceptance, the general status has been set as ‘partially accepted’. The comment received from Austro Control was the only one in which each topic was counted separately (thus having 7 answers), due to the significant number of topics addressed in a single comment in CRT. Thus, the total number of comments shown in the chart is 98, to which the answers were distributed as shown below: TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 8 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 1. About this Opinion Chart 4: Acceptance of comments Acceptance of comments 30 28 24 25 20 20 13 13 15 10 5 0 Acceptance of comments Accepted Partially accepted Noted Not accepted Noted and frozen More information on the analysis of comments, together with the individual comments on the NPA and the associated responses are provided in CRD 2015-05. 1.2. The next steps This Opinion contains the proposed amendments to the Air OPS Regulation9 as well as to the Continuing Airworthiness Regulation10 and their potential impacts. It is submitted to the European Commission to be used as a technical basis in order to prepare an EU regulation. For information, EASA published the draft text of the associated EASA decision containing AMC/GM. The final decision amending the AMC/GM related to the proposed changes contained in this Opinion will be published by EASA once the European Commission has adopted the related regulation. 9 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 (OJ L 296, 25.10.2012, p. 1) (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:296:0001:0148:EN:PDF). 10 Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1) (http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1487930643348&uri=CELEX:32014R1321). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 9 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what 2. In summary — why and what 2.1. Why we need to change the rules — issue/rationale 2.1.1. RMT.0516 — Update of the rules on air operations The Air OPS Regulation was adopted in 2012 and, following a transition period, has been applied in the Member States since 28 October 2014. Through feedback received from safety recommendations, stakeholders, including the Member States and standardisation inspections, it became evident that the rules should be updated to ensure that the Air OPS rules reflect the state of the art and the best practices in the subject field. Regarding passenger seating and briefing, the Regulation does not include a definition of an emergency exit. The introduction of a new definition in Annex I (Definitions) to the Air OPS Regulation is proposed. It concerns the egress points from the aircraft which the Air OPS Regulation and the related ED Decisions refer to with inconsistency. The inclusion of a new definition will ensure a common understanding of the meaning of an emergency exit. Furthermore, the current text of point (b) of CAT.OP.MPA.170, which was transposed from Regulation (EEC) No 3922/9111 (as amended by Regulation (EC) No 859/200812), commonly referred to as ‘EU-OPS’, only refers to ‘emergency equipment’. However, ED Decision 2014/017/R13 differentiates between ‘safety equipment’ and ‘emergency equipment’. Practice shows that operators’ safety briefing cards have always displayed both safety and emergency equipment. This Opinion proposes an editorial correction to include ‘safety equipment’ in CAT.OP.MPA.170. EASA has not received any comments on this item during the NPA public consultation. 2.1.2. RMT.0352 — Non-commercial operations of aircraft listed in the Operations Specifications (OpSpecs) by an AOC holder RMT.0352 is the response to two safety recommendations (SRs) addressed to EASA by the French Bureau d’Enquêtes et d’Analyses (BEA) with regard to an Airbus A320-232 accident on 27 November 2008. The accident occurred off the coast of Canet-Plage (France) during a flight to check the systems at the end of a lease agreement and is referred to as the ‘Perpignan accident’14. Changes to ORO.AOC.125 The requirement in ORO.AOC.125 ‘Non-commercial operations of aircraft listed in the operations specifications (OpSpecs) by the holder of an AOC’ applies to ‘non-commercial operations with an aircraft otherwise used for CAT operations that is listed in the OpSpecs of its AOC’. The rule states that the AOC holder’s operations manual (OM) must include ‘the identification and a description of the applicable requirements; a clear identification of any difference between operating procedures used 11 Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (OJ L 373, 31.12.1991, p. 4) (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1476353762985&uri=CELEX:31991R3922). 12 Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane (OJ L 254, 20.9.2008, p. 1) (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32008R0859&qid=1476107391424). 13 http://www.easa.europa.eu/document-library/agency-decisions/ed-decision-2014017r 14 BEA Report on the accident on 27 November 2008 off the coast of Canet-Plage (66) to the Airbus A320-232 registered D-AXLA operated by XL Airways Germany. ISBN: 978-2-11-098614-6. SRs: FRAN-2009-003 and FRAN-2009-004. Report available at https://www.bea.aero/docspa/2008/d-la081127.en/pdf/d-la081127.en.pdf TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 10 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what when conducting commercial and non-commercial operations’, as well as ‘a means of ensuring that all personnel involved in the operation are fully familiar with the associated procedures’. The different operating procedures must be submitted to the CA for prior approval. These high-level provisions were introduced in the Air Ops Regulation to cover the period until the launch of this rulemaking task, which would examine the issue in more detail. The current rules have only a short list of non-revenue flights performed by an AOC holder (Chapter 8.7 of an OM-A, in the current AMC3 ORO.MLR.100). Far from requiring an exhaustive list of the kind, there is a clear need for proper identification of the types of non-commercial flights to which ORO.AOC.125 applies. Concerning the operational framework and the applicable requirements for such flights, different practices are currently used in the EASA Member States: several Member States require full compliance with Part-CAT for all flights; others declare that such flights are to be carried out in accordance with the applicable non-commercial rules; and some apply a mixed system, depending on the flight. The level of risk involved in various non-commercial operations should be easy to determine, and a clear denomination of these flights should be provided. Non-commercial operations involving different levels of risk may require different preparation. For example, a functional check flight, a positioning flight, and a training flight have different risk profiles. Likewise, certain non-commercial operations have a lower level of operational risk (private flights, leisure flights). Thus, it is not necessary to impose the same demanding requirements on certain non-commercial flights as on the CAT operations when the NCC/NCO set of rules already ensures the appropriate level of safety. Therefore, an operator should perform a risk assessment of its non-commercial flights and develop appropriate mitigation measures for each type of flight. The rule needs to be specific enough to provide this flexibility to operators so that they can address both higher and lower levels of risk proportionately. Another element of change in ORO.AOC.125 is the removal of the requirement for prior approval of the operational procedures used for non-commercial operations of an AOC holder when they differ from the procedures used for CAT operation. This change is based on the following arguments: — This action ensures the same approach to non-commercial operations of an AOC holder as to the non-commercial operations of an NCC operator, which require no prior approval of the operational procedures. — These operations have to be included in the operator’s safety management system according to ORO.GEN.200 ‘Management system’, so they are verified by the CA in this context. The CA monitors the AOC holder’s CAT operation through its regular oversight activities, so the AOC holder is already a known and trusted entity to the CA. EASA is going to issue another Opinion stemming from RMT.0393, on maintenance check flights, which will also propose the amendment of ORO.AOC.125. EASA and the European Commission will ensure coherence between this Opinion and the RMT.0393 Opinion when the regulation encompassing all the proposed changes is adopted. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 11 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what Postponing the publication of a part of the RMT.0352 outcome related to the definitions and classification of non-commercial flights Considering the changes that the new EASA Basic Regulation (current Regulation (EC) No 216/200815) will bring about, whereby it is foreseen that the definition of commercial operation is removed, the entire structure of the rules based on the dichotomy commercial–non-commercial operation will have to be revised and changed. This change will allow a future regulatory action based on risks and performance, while the commercial aspect will only represent a secondary criterion. The specific criteria allowing CAs to establish whether a particular activity is commercial (or non-commercial) will be laid down in the IRs. EASA intends to avoid proposing rules that may no longer be valid in the proposed formula soon after their entry into force. Given all these considerations, the publication of the definitions and further classification of the non- commercial flights proposed in NPA 2015-05 (with further improvement suggested by the comments received) will be stored until the new Basic Regulation has been adopted. Introducing a new rule for the use of aircraft included in the AOC by other operators for other-than- CAT operations (ORO.GEN.310, NCC.GEN.101 and NCO.GEN.104) To respond to the current needs of the industry, an extension towards allowing other-than-CAT operation of aircraft included in an AOC by other operators has been added to the proposal presented in NPA 2015-05. This way, EASA addresses the comments submitted to NPA 2015-05 and also the significant number of requests received from stakeholders. One question often received by EASA was related to the rules that should apply when the aircraft included in an AOC is used by another operator for operations which are other than CAT; since this is a usual way of operating an aircraft in communities of smaller operators, the lack of a regulatory framework was felt more acutely than in the world of legacy carriers. There is currently no legal framework at EU level for such operation or for the assurance of continuing airworthiness of the aircraft when used by other operators. Furthermore, there is no clear indication in the Air OPS Regulation that a shift of operational control from the AOC holder to another operator, for other-than- CAT operations of aircraft included in the AOC, may even be allowed. In a mixed operation, more than one operator uses the same aircraft to perform various types of flights to which different operational rules apply. For example, an aircraft may be used in the morning by the AOC holder for a CAT flight, in the afternoon by an ATO for a training flight performed in accordance with Part-NCC, and in the next morning, by an SPO operator for commercial aerial work performed as per Part-SPO or by the owner of the aircraft, which may be a different NCC operator. Sometimes, such combined use of the same aircraft takes place within a short period (a day, a week, etc.). Such an operation cannot be conducted on an ad hoc basis, since removing the aircraft from the AOC for every flight performed by a different operator requires advanced planning and an additional administrative layer – often costly for operators – involving the CA and a change in the AOC. 15 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/EC (OJ L 79, 19.3.2008, p. 1) (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1467719701894&uri=CELEX:32008R0216). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 12 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what Note 6 of the OpSpecs form (EASA Annex II Form 139) — which allows an AOC holder to write the registration marks of the aircraft in its OM, thus enabling the occasional use of the aircraft by another operator without removing it from the AOC — is used less frequently. Alleviation from cabin crew requirements ORO.CC.100 for non-commercial operations with large aircraft (MOPSC above 19) and maximum 19 passengers Another issue that has called for a change is related to the non-commercial operation of large aircraft (with an MOPSC of more than 19) with no operating cabin crew when there are maximum 19 passengers on board. Currently, the provisions of ORO.CC.100 — applicable to all operations — state that ‘at least one cabin crew member shall be assigned for the operation of aircraft with an MOPSC of more than 19 when carrying one or more passenger(s)’. This implies that no cabin crew (CC) is required for the operation of aircraft with an MOPSC of maximum 19, carrying maximum 19 passengers, even when it is a commercial operation. In other words, the CC requirements for NCC operation with maximum 19 passengers seem to be more restrictive than the requirements for CAT operation, also with maximum 19 passengers, if the aircraft MOPSC is above 19. The change in the new point ORO.CC.100(d) provides the possibility for an operator to perform flights in the conditions described above with no operating CC on board, provided that it properly mitigates the absence of a cabin crew. 2.2. What we want to achieve — objectives The overall objectives of the EASA system are defined in Article 2 of the Basic Regulation. This proposal will contribute to the achievement of the overall objectives by addressing the issues outlined in Chapter 2. The specific objective of this proposal is to ensure state of the art rules that reflect feedback from standardisation inspections and from stakeholders. 2.3. How we want to achieve it — overview of the proposals 2.3.1. RMT.0516 — Update of the rules on air operations This Opinion proposes an update of the Air OPS rules. 2.3.2. RMT.0352 — non-commercial operations of aircraft listed in the Operations Specifications (OpSpecs) by an AOC holder Annex II (Part-ARO) Appendix II ‘Operations Specifications’, footnote #21 is modified to remove the last reference to aircraft used for non-commercial operations, as the requirement for prior approval for these operations is proposed to be removed from ORO.AOC.125. The change is made for consistency reasons with the amendment to ORO.AOC.125. Annex III (Part-ORO) New ORO.GEN.310 A new requirement is proposed to cover the use of aircraft included in the AOC by other operators and by flight training organisations, for operations performed in accordance with Part-NCC, Part-NCO or Part-SPO. The new ORO.GEN.310 proposes a set of regulatory requirements with which operators TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 13 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what using an aircraft registered on an AOC must comply in order to maintain the required level of safety of operation. As this new rule contains detailed provisions on the operation of aircraft rather than addressing generalities, it could not be properly fit in either Section 1 or Section 2 of Subpart ORO.GEN. Therefore, the new Section 3 starting the ORO.GEN.300 series has been created. Section 3 will include additional requirements applicable to air operators. This structure will also ensure that consistency of ORO.GEN with the other aviation regulations having a similar structure for the organisation requirements will be preserved. The requirement is added in this new section also because it is applicable not only to AOC holders, but to NCC operators and SPO operators as well. An equivalent requirement (NCC.GEN.101) is added in Subpart A of Part-NCC particularly to be applicable to flight training organisations operating with complex motor-powered aircraft, and in Subpart A of Part-NCO (NCO.GEN.104) for the operators and organisations that have to comply with Part-NCO. Changes to ORO.AOC.125 It is considered that ORO.AOC.125 containing the requirements for non-commercial operations of the AOC holder contains enough elements to ensure safety and flexibility and requires no significant changes, but rather new AMC/GM to clarify the intent of ORO.AOC.125 and how it should be implemented. Consequently, only a few changes are made to this rule, to improve clarification and reduce the regulatory burden, as follows: — ORO.AOC.125 now includes the reference to the OM, as an alternative place where an AOC holder may list the registration marks of the aircraft in its fleet, as per Note 6 in the operations specifications. — The requirement for prior approval of the different procedures used by the AOC holder for its non-commercial flights is removed. — The requirement to specify the type of non-commercial flight in the flight documentation (operational flight plan, loadsheet, etc.) is added. Changes to ORO.CC.100: new point (d) The new point (d) in ORO.CC.100 introduces an alleviation from the operational requirements: an operator (AOC holder or NCC operator) may conduct a non-commercial flight with no assigned cabin crew on board a large aircraft (with an MOPSC above 19) on certain conditions: to carry maximum 19 passengers on board and to implement additional mitigation measures in order to ensure appropriate protection of the passengers on board (new AMC & GM to ORO.CC.100(d) detail these conditions). The rule proposal also states that this alleviation may only be applied when the STC does not specify otherwise. The number of maximum passengers on board a large aircraft is proposed to be 19, equal to the maximum number of passengers on an aircraft with an MOPSC of 19 or less — for which there is no requirement to assign cabin crew, even on a commercial flight. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 14 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what Annex VI (Part-NCC) New NCC.GEN.101 The new NCC.GEN.101 is added in order to cover the applicability of ORO.GEN.310 to flight training organisations that must comply with Part-NCC. Annex VII (Part-NCO) New NCO.GEN.104 An equivalent requirement as the one in the new proposed rule ORO.GEN.310, applicable to operators and training organisations required to comply with Part-NCO, is introduced. NCO.GEN.104 specifies the procedure that such operators should have in order to benefit from the use of an aircraft included in an AOC for operations performed in accordance with Part-NCO, without the AOC holder having to remove the aircraft from its AOC. Commission Regulation (EU) No 1321/2014 The new point (k) is added in M.A.201 of Annex I (Part-M) to Commission Regulation (EU) No 1321/201416. With this amendment to Part-M, the operator using an aircraft included in an AOC for other-than-CAT operations under the terms of the proposed new requirement of ORO.GEN.310 and NCO.GEN.104 must ensure that the tasks associated with continuing airworthiness are performed by the CAMO of the AOC holder. 2.4. How we address safety recommendations (SRs) 2.4.1. RMT.0516 — Update of the rules on air operations Several SRs, arising from accident investigations, have been evaluated by EASA within the context of RMT.0516 and the outcome is described in CRD 2015-18 (B). The solutions proposed in SRs do not have an impact on the IRs, but are addressed through proposed AMC/GM, published with this Opinion for information purposes. An overview of how EASA has addressed those SRs that are linked to draft AMC/GM associated with rules proposed through this Opinion, is shown below. The following table summarises the outcome of the Agency’s assessment of SRs that were addressed within the context of RMT.0516. DENM-2012-004, Safety Recommendation: EASA to consider the need to harmonize the procedures, or to HUNG-2012-004, review the existing documentation as necessary, in order to establish in all cases a time ITAL-2012-009 limit within which to make effective in the AFM owned by operators the amendments approved by EASA. References: DENM-2012-004: Final Report on the serious incident to accident to Avions de Transport Régional ATR72-212A, Registration OY-CIM, at Copenhagen Airport, Kastrup 16 Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1) (http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1490852745310&uri=CELEX:32014R1321). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 15 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what (EKCH), Denmark, on 13 September 2011, issued by the Danish Accident Investigation Board Aviation Unit (Ref. HCLJ510-2011-11). HUNG-2012-004: Final Report on the serious incident to ATR42-500, Registration YR- ATG, at Budapest, on 17 June 2011, issued by the Hungarian Transportation Safety Bureau on 11 January 2016 (Ref. 2011-120-4P). ITAL-2012-009: Investigation on the serious incidents to PW127 engines installed on ATR 42/72 aircraft, such as the ATR72-212A, registered I-ADCC, at Firenze Airport, Peretola (LIRQ), on 03 October 2011, issued by the ANSV on 26 July 2012. Outcome: The existing EU provisions already require all commercial operators and operators of complex motor-powered aircraft to conduct operations in accordance with their operations manual which must be compliant with the approved flight manual (i.e. the AFM) and shall be amended as necessary (see points 4.a and 8.b of Annex IV to Regulation (EC) No 216/2008). This requires operators to apply changes stemming from AFM amendments as soon as is reasonably practicable; in other words, in a timely manner. Additional defences are also already provided through provisions on operators’ and competent authority’s management systems (see ORO.GEN.200 and ARO.GEN.200 of the Air OPS Regulation) and on the oversight obligations of the competent authority (see ARO.GEN.300 of the Air OPS Regulation) as well as through EASA standardisation 17 inspections (see Regulation (EU) No 628/2013 ). The Agency has, therefore, concluded that additional, more prescriptive provisions would not bring additional safety benefits in respect of the timely implementation of AFM changes by the operator. GERF-2006-009, Safety Recommendation GERF-2006-009: Aircraft de-icing to maintain the airworthiness UNKG-2005-148 of aircraft during winter operation should be accomplished by certified and approved companies under the supervision of civil aviation authorities. If aircraft de-icing is not accomplished by an operator or an approved maintenance organisation the ground service "aircraft de-icing" should be subject to appropriate aeronautical regulation. EASA should agree with the European National Authorities on establishing such regulations. Safety Recommendation UNKG-2005-148: It is recommended that prior to the European Aviation Safety Agency assuming responsibility for operational matters within Europe, they consider the future need for the training and licencing of companies who provide a de/anti-icing service, so that anti-icing fluids are applied in an appropriate manner on all aircraft types, but specifically to ensure that the entry of such fluids into flight control mechanisms and control surfaces is minimised. Reference GERF-2006-009: Investigation Report on the serious incident to Bae 146-300 at Stuttgart on 12 March 2005, issued by the German Federal Bureau of Aircraft Accidents Investigation in November 2006 (Ref. 5X007-0/05). Reference UNKG-2005-148: AAIB Bulletin No: 4/2006 on Avro 146-RJ100, G-CFAC and others, issued by the UK AAIB in 2006 (Ref. EW/GC2005/03/09). 17 Commission Implementing Regulation (EU) No 628/2013 of 28 June 2013 on working methods of the European Aviation Safety Agency for conducting standardisation inspections and for monitoring the application of the rules of Regulation (EC) No 216/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 736/2006 (OJ L 179, 29.6.2013, p. 46) (http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1490853048138&uri=CELEX:32013R0628).. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 16 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what Outcome: Today, de-icing service providers are outside the scope of the Basic Regulation. Nevertheless, as operators are responsible for the monitoring of third party providers including de-icing service providers, the Agency intends to promote the use of pooled audits by operators. Therefore, new AMC2 ORO.GEN.205, on pooled audits between operators has been proposed by the Agency through this Opinion. SPAN-2009-025 Safety Recommendation: It is recommended that the EASA, as regards aerial work operators involved in single-pilot activities and so as to emphasize the need to be aware of the intrinsic risks resulting from the interruption of pre-flight processes or normal checks, ensure that the operational procedures include those mechanisms intended to guarantee that the processes and checks to be conducted by crews prior to takeoff, and which are suspended at any point, are restarted from a safe point prior to the interruption. Reference: Accident Report on the accident involving a PZL M-18A Dromader aircraft, registration EC-FBI, in the vicinity of Castellon aerodrome, on 07 October 2006, issued by the CIAIAC (Ref. A-059/2006). Outcome: Depending on the specific nature of the undertaking, aerial work operations in EASA Member States are governed by Part-SPO (specialised operations) or Part-NCO (non-commercial operations with other-than complex motor-powered aircraft) of the Air OPS Regulation. However, it should be noted that, although the Air OPS Regulation has been applicable since 28 October 2012, by way of derogation, Member States may have elected not to apply Part-SPO or Part-NCO for specialised operations until 21 April 2017, with national legislation applying in the meantime. According to Part-SPO/Part- NCO, the operator/pilot-in-command is required to carry out a risk assessment and establish standard operating procedures (SOPs)/checklists to mitigate the risks related to their specific activity (see SPO.OP.230 and NCO.SPEC.105). This should address interruption of pre-flight processes or normal checks. The Agency has, therefore, concluded that additional, more prescriptive provisions would not bring additional safety benefits in respect of interrupted pre-flight processes or normal checks. Therefore, this Opinion does not include a proposed change, because the existing set of rules are deemed to be sufficient. 2.4.2. RMT.0352 — non-commercial operations of aircraft listed in the Operations Specifications (OpSpecs) by an AOC holder Part of the response to the two SRs in the context of RMT.0352 is postponed due to the new approach towards commercial versus non-commercial operation in the future Basic Regulation; the definitions and classifications of non-commercial (non-revenue) flights of an AOC holder will not be published until the new Basic Regulation will have been adopted. Another part of the response to the SRs will be included in the AMC/GM to the ED Decision. The solutions proposed to respond to the SRs do not have an impact on the IRs proposed in this Opinion. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 17 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what 2.5. What are the stakeholders’ views — outcome of the consultation on the proposed changes (RMT.0516) This chapter summarises the comments and concerns that were raised during the consultation of NPA 2015-18 (A) on changes to the IR and NPA 2015-18 (B) on changes to the AMC/GM. 2.5.1. Feedback and responses to open questions Open question No 1 on the order of the Operations Manual (OM) contained in AMC3 ORO.MLR.100 Many stakeholders stated that the order of the OM should remain unchanged and did not agree with the EASA proposal to remove the requirement of a standard order of the OM. They stated that introduction of a flexible/individual table of contents on hand increases the review workload for authorities tremendously, and therefore, a harmonised application of rules throughout Europe is supported. EASA agrees and has refrained from making any changes to the AMC relating to the order of the OM. Open question No 2 on the option of one ACCOUNTABLE MANAGER for several AOC holders Stakeholders’ responses were mixed. Some mentioned that NAAs increasingly witness a distance between AOC holders and their top management, as well as the increased complexity of these organisations/business models. NAAs stated that with regard to some AOC holders they witness an increased complexity of managing several organisations, and are concerned about the interface between the holding company’s top managers and the AOC holders; especially if they are located in different countries. Eventually, such a distance between AOC holders and their top management could lead to weaker operational control of these organisations. From an authority perspective, the distance, the increased complexity, and possible cultural differences between the different AOC holders render it more difficult for the authority to perform a continuing oversight over these organisations. Following the comments received, EASA maintained its proposed AMC/GM on clarifying the role of the accountable manager. Regarding the comments suggesting additional proposals, EASA responds that the existing set of rules and AMC/GM are deemed to be sufficient, and EASA has not included additional proposals whenever an accountable manager is responsible for two AOC holders. Open question No 3 on the extension of the oversight cycle and the option of new AMC or GM to specify what is an effective continuous reporting system from the AOC holder to the authority, in order to extend the oversight cycle from 36 to 48 months as per ARO.GEN.305(c). Most stakeholders agreed that additional guidance is necessary. However, the feedback from stakeholders also showed that within NAAs there are already different approaches to measuring whether the operator manages its own risks effectively, allowing a longer oversight cycle. At this point in time, there is no one-size-fits-all solution, and best practices should be gathered and shared between authorities. Open question No 4 on cooperative oversight EASA agrees that more guidance is needed. A trial project of NAAs has developed additional recommendations and has shared this experience with all NAAs and EASA standardisation. All TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 18 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what comments from stakeholders have been taken into account during the trial project and have been used to draft the final report. The final report has been published on the EASA website18. Open questions Nos 5, 6, and 7 on ORO.GEN.200 Management System Stakeholders commented that safety management systems (SMS) in different domains should be aligned. At this moment in time, EASA will not propose any changes per domain on the topic. All the feedback gathered will be assessed in the light of a cross-domain assessment of SMS requirements. Stakeholders also agreed that the safety manager has a critical function in the operator. EASA agrees that any changes to qualification requirements for the compliance monitoring manager (CMM) or the safety management (SM) must be aligned with changes in other domains. For this reason, EASA will reassess the need to develop a common approach for all domains regarding the CMM or the SM. Regarding the need for GM on setting up an effective safety risk management system for operators, stakeholder opinions were divided, and EASA has decided to delete the proposed GM and to issue such information in the form of safety promotion material, applicable to all domains, rather than GM to one domain (OPS). 2.5.2. Proposed changes to Article 6(3) of the Air OPS Regulation In Regulation (EU) 2017/36319, the term ‘one-off’ in relation to the ‘flights carrying no passengers or cargo, where the aircraft is ferried for refurbishment, repair, maintenance checks, inspections, delivery, export or similar purposes’ has been included in the Preamble (2nd recital), but is missing in Article 6(3). This omission creates unintended consequences, namely that an AOC holder has to comply with the national legislation when performing ferry flights or any such similar flights. The intention of this provision is actually meant to cover such flights only when they are performed by operators other than an AOC holder. For this reason, it is important that the term ‘one-off’ be added to Article 6(3) in relation to these flights. 2.5.3. Proposed changes to paragraph (c) of Article 6(4a) of the Air OPS Regulation AMC1 to ARO.OPS.300 states that with respect to the meaning of marginal activity, the competent authority should publish criteria specifying to which extent it considers an activity marginal and how this is being overseen. NAAs in feedback provided to EASA stated that the publication of criterial specifying what is considered as a marginal activity, should not only apply to introductory flights, but also to the other activities mentioned in paragraph (c) of Article 6(4a), such as parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and approved in accordance with Regulation (EU) No 1178/2011, or by an organisation created with the aim of promoting aerial sport or leisure aviation. Therefore, in order to ensure that the criteria for marginal activity are also published for parachute dropping, 18 Cooperative Oversight Trial report, February 2017, see: https://www.easa.europa.eu/document-library/general-publications/cooperative-oversight-trial 19 Commission Regulation (EU) 2017/363 of 1 March 2017 amending Regulation (EU) No 965/2012 as regards the specific approval of single-engined turbine aeroplane operations at night or in instrument meteorological conditions and the approval requirements for the dangerous goods training relating to commercial specialised operations, non-commercial operations of complex motor- powered aircraft and non-commercial specialised operations of complex motor-powered aircraft (OJ L 55, 2.3.2017, p. 1) (http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1490853565531&uri=CELEX:32017R0363). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 19 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what sailplane towing or aerobatic flights, this Opinion proposes a change to paragraph (c) of Article 6(4a) and to include a new sentence stating that, ‘the competent authority shall publish criteria specifying to which extent it considers an activity marginal and how this is being overseen.’ In addition, in order to be consistent, it is proposed to delete the existing AMC1 to ARO.OPS.300. 2.5.4. Proposed changes to Annex I (Definitions) Definition of ‘emergency exit’ This Opinion proposes a definition of ‘emergency exit’ to be inserted in Annex I to the Air OPS Regulation. It concerns the egress points from the aircraft which the Air OPS Regulation and the related ED Decisions refer to with inconsistency. The proposed definition was supported during the consultation process. Based on one comment, the definition is amended to reflect the evacuation possibilities from the flight crew compartment for flight crew members. New definition of personnel carrying device systems (PCDSs) — simple PCDS PCDSs are used as restraint devices at non-seating stations within a helicopter in SPO, NCO.SPEC and SPA.HHO operations, and for the hoisting of personnel and carrying of persons as external loads, as in SPA.HHO, SPO.SPEC.HEC and NCO.SPEC.HEC operations. Certification memorandum CM-CS-005 Issue 01 defines which PCDSs are simple and which are not. In December 2015, EASA decided that simple PCDSs would no longer be required to be airworthiness approved. In July 2016, EASA decided that nets used as PCDSs could qualify as simple PCDSs. Both EASA decisions are reducing the need for certification approvals. The definitions of PCDSs and simple PCDSs from the certification memorandum, and the above decisions, are transposed into the Air OPS Regulation. 2.5.5. Proposed changes to Part-ARO RAMP inspections: removal of Appendix III from Implementing Rules Appendix III contains the proof of ramp inspection form. By removing it from the IR and moving it into an AMC as a checklist for ramp inspections, it will facilitate future changes to the information that should be contained in a proof of ramp inspection. RAMP inspections: removal of Appendix IV from Implementing Rules Discontinue and removal of Appendix IV; this appendix co-existed with Appendix III for the following reasons which are not valid anymore:  Initially, the Appendix III did not require the category of the finding to be mentioned on the form; today’s version and the future version proposed in the AMC does.  Appendix IV was mainly issued to set the format for the reporting tool in the SAFA database; actually, this approach is deemed to be too prescriptive and not adapted to the SAFA database technology. Leasing in Part-ARO & Part-ORO In Part-ARO and in Part-ORO, the proposed changes mainly relate to the removal of the requirement for the approval of leasing agreements between EU operators. EASA agrees with stakeholders who TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 20 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what stated that if all prior lease approval requirements are limited to lease agreements concerning aircraft registered in a third country, the respective rule in Part-ARO needs to be amended. While industry stakeholders agreed with the removal of the requirement for prior approval for intra-EU leasing agreements, some authorities and one industry stakeholder disagreed with the removal of the requirement for prior approval for intra-EU leasing agreements. However, EASA maintains its proposal to remove said requirement for intra-EU leasing agreements, since the European common safety requirements apply not only to all authorities, but to all organisations and maintenance organisations within the European Union and EASA Member States. On the basis that aircraft are maintained, operated and overseen within a similar legal framework, a prior approval of leasing arrangements between operators and aircraft from the same legal environment is overly burdensome and not necessary. 2.5.6. Proposed changes to Part-ORO Safety management in Part-ORO Following the publication of the first edition of ICAO Annex 19 ‘Safety Management’ in 2013, the first amendment to Annex 19 has been published. The amendment was adopted by the Council on 2 March 2016, became effective on 11 July 2016 and is applicable on 7 November 2019. Regulation (EU) No 376/201420 on the reporting, analysis and follow-up of occurrences in civil aviation, with strong links to ICAO Annex 19 ‘Safety Management’, applies as of 15 November 2015. In addition, many of the ideas now being put forward for the amendment of the Basic Regulation (A-NPA 2014-12 & Opinion No 01/2015) may require changes that affect the total system, such as obligations for States to participate in the European Aviation Safety Plan (EASp) — now called European Plan for Aviation Safety (EPAS) — or further SSP-related high-level requirements. Other changes may be required for the introduction of safety performance schemes across domains and to support the evolution towards a more performance-based approach to regulations. Comments received to the proposed changes to Part-ORO dealing with SMS (ORO.GEN.200) highlighted that stakeholders prefer a holistic SMS approach encompassing all domains (aircrew, air operations, airworthiness, etc.). All those domains will have to be updated in line with the ICAO Annex 19 philosophy. Therefore, EASA agrees with those comments that call for a holistic cross-domain assessment to Section 2 ‘Management’ of Part-ORO and has removed those proposed changes from this Opinion and consequently from the associated Decision. The comments received will be used to assess future changes. Alignment with changes to the Continuing Airworthiness Regulation Point (a)(4) of ORO.AOC.135 regarding personnel requirements is amended to provide the correct reference to the current Continuing Airworthiness Regulation and to include reference to persons responsible for the continuing airworthiness management contract in line with the current Continuous Airworthiness Regulation. 20 Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow- up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18) (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1476345533507&uri=CELEX:32014R0376). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 21 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what FTL and number of cabin crew during commercial flights with passengers Annex III (Part-ORO) to the Air OPS Regulation requires aeroplanes conducting commercial flights with passengers be operated with a number of cabin crew determined in accordance with ORO.CC.100. The starting point to determine the minimum number of cabin crew required for air operations is the number of cabin crew members identified during the certification process of each aeroplane as the minimum necessary to carry out an expedient evacuation. The purpose of the operational rule (ORO.CC) is to ensure that the number of cabin crew members on board is sufficient to ensure flight and passenger safety during the entire operation. In parallel with communication and coordination with the flight crew, this includes: — in normal operations, supervising the cabin, managing passengers and implementing the applicable normal procedures as established in the OM; and — handling abnormal situations and emergencies, such as unruly passenger behaviour, medical emergencies, as well as fire and smoke events, sudden or slow cabin depressurisation, bomb threat, unlawful interference, and emergency landing and evacuation. These situations require the cabin crew to implement the applicable emergency procedures established in the OM. Regulation (EU) No 83/201421 on flight time limitations and rest requirements for flight crew and cabin crew that has become applicable as of 18 February 2016 requires the operator to ensure appropriate crew fatigue management. To extend the applicable basic maximum daily flight duty period (FDP), it is under certain circumstances required to provide in-flight rest in rest facilities to crew members during cruise. This measure is aimed at postponing the appearance of fatigue and associated risks of degradation of performance. Under Subpart Q of EU-OPS, the conditions for extending the applicable basic maximum daily FDP were regulated by the Member States. In the light of the entry into force and application of a set of harmonised provisions to allow the extension of the daily FDP due to in-flight rest, Member States have raised the following question: Shall all cabin crew members of the minimum cabin crew as determined by ORO.CC.100 be awake and ready to act in the passenger compartment during the cruise phase of a flight? In other words, could one or more of the cabin crew members be allowed to take in-flight rest during the cruise phase of a flight? This raised the following question from a regulatory perspective: What could be the conditions to allow a lower number of cabin crew members during the cruise phase of a flight for the purpose of in-flight rest while achieving an equivalent level of safety? Experience gained from the EU-OPS implementation has shown significant differences in the conditions specified by the NAAs for in-flight rest for cabin crew. This has resulted in diverse practices being applied across the EU. 21 Commission Regulation (EU) No 83/2014 of 29 January 2014 amending Regulation (EU) No 965/2012 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 (OJ L 28, 31.1.2014, p. 17) (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1476348226626&uri=CELEX:32014R0083). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 22 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what Following the amendment of the Air OPS Regulation by Regulation (EU) No 83/2014, in-flight rest provisions are specified in CS FTL.1.205 Flight duty period (FDP). While this CS requires flight crew augmentation, corresponding provisions to ensure that cabin crew can take the applicable in-flight rest are not specified. Provisions to manage in-flight rest for cabin crew have to be determined by the operators in their flight time specification schemes. The above-described situation was of concern for the NAAs that raised the issue to EASA. The issue was discussed during the Special FRM TAG meeting held on 27 May 2015. After a careful assessment, taking also into account the different practices, it was concluded that a way forward could be to identify common criteria based on which all operators, taking into account any risks identified by their SMS, would: — determine in their flight time specification scheme if, and under which conditions, one or more of the operating cabin crew members could be allowed to take in-flight rest during the cruise; and — establish the necessary conditions and mitigating measures, which would at least include putting in place specific procedures. These would depend on the particular operation, aeroplane type, cabin configuration, and the number and qualification of cabin crew members assigned to operate the flight as specified under the item ‘Crew composition’ in the OM. Common criteria to be used by all Member States’ NAAs and their operators should contribute to a uniform level of safety and a level playing field. With that aim in view, an EASA/NAA Task Force was set up to prepare draft proposals that have been submitted for consultation to the OPS and FCL TAG members and the FS Sub-SSCC members. EASA reviewed the existing Air OPS Regulation. The IRs relevant to the number and composition of the cabin crew are the following: — ORO.CC.100 specifies how to determine the minimum number of cabin crew required to operate an aeroplane; — ORO.CC.205(a) stipulates that whenever any passengers are on board, all required cabin crew members shall be present in the passenger compartment. Considering the rules relevant to cabin crew and to FTL and their intent, ‘present in the passenger compartment’ is understood as being alert and ready to act at all times to perform the assigned safety duties and responsibilities and to manage any abnormal or emergency situations that may occur; — ORO.CC.205(b) specifies in which cases the minimum cabin crew required (according to ORO.CC.100) may be reduced, namely in only two cases that are ‘normal ground operations’ and ‘unforeseen circumstances’; and — ORO.CC.205(c) specifies the conditions under which such reductions may be allowed. If the operating cabin crew is the minimum number required, allowing one or more cabin crew member(s) to take in-flight rest during cruise would result in a deviation from ORO.CC.100. Therefore, as AMC cannot change the rule, such allowance can only be possible by amending either ORO.CC.100 or ORO.CC.205. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 23 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what An amendment of ORO.CC.205 shall cover, under the same rule, the three different cases in which the number of cabin crew to be present, alert and ready to act in the passenger compartment may be lower than the crew composition specified in the OM which may be the minimum number required in accordance with ORO.CC.100. The amended rule text has been prepared by the EASA/NAA Task Force, based on the above considerations and taking into account the current practices in some Member States. The amended rule text and new AMC & GM were presented to the OPS & FCL TAG meeting of 9 September 2015 and to the Special TAG FRM meeting of 5 November 2015. During this process, the draft proposal has been updated taking into account the comments received from the TAG members. One of these comments was a recommendation to submit the EASA/NAA Task Force proposed approach to the Commission and for an analysis to EASA. No comments were received from FS Sub-SSCC members. EASA concluded that amending ORO.CC.205 to allow a third case of reduction of the cabin crew assigned to operate a flight under certain conditions and developing new AMC, is appropriate to address the issue at stake. Should the operating cabin crew be the minimum number required, the analysis highlighted in particular the following — the minimum cabin crew requirement should be read together with the definition of cabin crew in Annex I to the Air OPS Regulation; — the minimum cabin crew is set to the least number of persons required to ensure the performance of all the assigned duties to guarantee the core requirement, the safety of passengers and flight during operations, by being awake, alert and readily available to immediately act during all phases of flight; — since it is the Regulation that lists the cases when the minimum cabin crew may be reduced, only a change to the AMC is not sufficient, an amendment of the rule should be considered to address the issue at stake; and — since it appears that the current text of ORO.CC.205(a) ‘shall be present’ may leave certain room for misinterpretation, this should also be addressed with an appropriate amendment. Based on the above, EASA presented to the EASA/Sub-SSCC meeting held on 9 December 2015 the approach and the course of action envisaged to address the issue of in-flight rest for cabin crew initially raised by Member States and operators before the summer of 2015. A more advanced draft has been presented during the Special TAG FRM meeting on 3 May 2016. The final text takes account of the input received during that meeting. Declaration contained in Appendix I to Part-ORO One commentator questioned why the declaration is not an official form attached to Part-ARO of the Air OPS Regulation and why it is included as Appendix I to Part-ORO. EASA clarifies that Appendix I to Part-ORO is applicable to the operator or organisation, who will fill in the form and submit the information to the NAA. EASA has amended the declaration form following feedback received from stakeholders during the consultation process. Appendix I to Part-ORO has been amended to enable the declaring operator to inform the CA about the type of operations conducted with each aircraft. This is TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 24 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what important since many different forms of specialised operations can be conducted by one single operator and different CAMOs could be responsible for different aircraft. 2.5.7. Proposed changes to Part-CAT Commander responsibilities Some amendments are made to CAT.GEN.MPA.105 on the responsibilities of the commander. Notably, a new point (a)(14) is inserted into CAT.GEN.MPA.105 to ensure that the obligation of the commander to report defects into the technical log book of the aircraft is also reflected in Part-CAT as it is already reflected in Part-NCC, Part-NCO, and Part-SPO. In addition, a new point (e) is added to CAT.GEN.MPA.105 to mirror the requirements in NCC.GEN.106, NCO.GEN.105, and SPO.GEN.107 for the commander to report to the appropriate air traffic services (ATS) unit any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft. EASA has not received any comments on this item during the NPA public consultation. Editorial amendment of CAT.OP.MPA.170 This Opinion proposes an editorial amendment to point (b) of CAT.OP.MPA.170 as follows: ‘(b) provided with a safety briefing card on which picture-type instructions indicate the operation of safety and emergency equipment and exits likely to be used by passengers.’ Amendment of CAT.IDE.A.345 due to changed ICAO designation of the NAT airspace as a high-level airspace. CAT.IDE.A.345 is amended to amend the description of NAT airspace as a high-level airspace in line with an ICAO amendment. 2.5.8. Proposed changes to Part-SPA Principal place of business SPA.GEN.100, which identifies the CA responsible for issuing a specific approval, is amended to clarify that the rule also applies in those cases where the non-commercial operator is established in the Member State. This way, the inconsistency between SPA.GEN.100 and NCC.GEN.100 is rectified. Personnel carrying device system (PCDS) Amendment of SPA.HHO.110 to specify which PCDSs require an airworthiness approval and which ones do not. 2.5.9. Proposed changes to Part-NCC Principal place of business The concept of the place of residence should be aligned with other EU regulations (e.g. legislation on taxation and social security) applicable to natural persons rather than creating new artificial limitations. The identification of the competent authority may be difficult in the context of new business models, where the versatility of the existing concepts is very high. NCC.GEN.100, which identifies the CA responsible for the oversight of an NCC operator, is amended to take account of the place in which the non-commercial operator declares its activity. This place may be the operator’s principal place of business, the place where the operator is established or residing. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 25 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what 2.5.10. Proposed changes to Part-NCO Principal place of business Point (b) of NCO.GEN.100, identifies the CA for operators of aircraft registered in a third country. This IR is amended to clarify that for aircraft registered in a third-country, the competent authority is the authority of the Member State where the operator has its principal place of business, is established or residing. Dangerous goods provisions for Part-NCO operators The alleviation related to the approval of the dangerous goods training programmes, which was included in ORO.GEN.110, also needs to apply to non-commercial operators performing specialised operations with non-complex aircraft (NCO-SPEC). The change to the rule on NCO.SPEC.PAR.120 clarifies that smoke trail devices cannot only be released but also carried on board by parachutist. 2.5.11. Proposed changes to Part-SPO Helicopter external sling load operations (HESLO) & Helicopter Human External Cargo operations Amendment of point (c) and (e) of SPO.SPEC.HESLO.100 and of SPO.SPEC.HEC.100 to clarify that practical training is needed and a small editorial correction in point (e) to clarify that standard operating procedures for HESLO/HEC shall specify helicopter performance criteria. Parachute operations with a smoke trail device SPO.SPEC.PAR.125 needed to be amended to correct an editorial mistake and to include the correct reference to smoke trail devices that are used in parachute operations. 2.6. What are the expected benefits and drawbacks of the proposals 2.6.1. RMT.0516 — Update of the rules on air operations The proposed changes include an update of the Air OPS Regulation and having taken into account and incorporated feedback received from stakeholders and during standardisation inspections. This update ensures that the Air OPS Regulation’s safety provisions are state of the art and that unnecessary requirements are removed, while clear definitions, implementing rules and AMC/GM is provided to operators and CAs. 2.6.2. RMT.0352 — non-commercial operations of aircraft listed in the Operations Specifications (OpSpecs) by an AOC holder The outcome of this RMT completes the missing guidance on how the provisions of the rule related to non-commercial operations performed by an AOC holder should be implemented (ORO.AOC.125). AOC holders have already enough flexibility in choosing the minimum requirements they should apply to their non-commercial operations. ORO.AOC.125 allows operators to adjust their own procedures proportionately to the risk level implied by a certain type of non-commercial flight. The removal of prior approval of the different procedures used by an AOC holder for its non-commercial operations will reduce the administrative workload, having at the same time no impact on safety. Moreover, the new implementing rule addressing the comments on NPA 2015-05, to cover the use of aircraft included in the AOC by operators other than an AOC holder for other-than-CAT operations, acknowledges a usual type of business encountered mostly in the General Aviation environment. The TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 26 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 2. In summary: why and what new ORO.GEN.310 and its counterpart in Part-NCO (NCO.GEN.104), together with the new point (k) in M.A.201 of Part-M of the Continuing Airworthiness Regulation are expected to have a positive safety, regulatory and economic impact as they provide a practical framework with minimum requirements for the use of an aircraft by multiple operators. At the same time, the safety of operation is ensured by establishing conditions to clarify which operator has the operational control and by ensuring the continuous airworthiness of the aircraft. The proposed requirements also facilitate oversight and, last but not least, lower the administrative burden caused by the removal of the aircraft from the AOC. 2.7. How do we monitor and evaluate the rules 2.7.1. RMT.0516 — Update of the rules on air operations EASA consistently monitors and evaluates the application of the Air OPS Regulation by operators and authorities overseeing operators. Continuous feedback from standardisation inspections, during discussions with EASA Advisory Bodies and via questions and requests for clarifications, will ensure that EASA can effectively monitor and evaluate the rules. 2.7.2. RMT.0352 — non-commercial operations of aircraft listed in the Operations Specifications (OpSpecs) by an AOC holder As monitoring and evaluation measures, cases of non-compliance with the future rules may be collected through the usual standardisation inspections and oversight activities. The source of non- conformities could also be identified during these inspections. The causes of non-compliance should be conveyed to EASA to feed back the cycle of continuous improvement of the regulatory environment. Other relevant information which CAs can collect through the audits and inspections is the way in which operators perform the risk assessment of such flights, including the way in which they ensure continuous maintenance of aircraft which is being used by operators other than AOC holders for other- than-CAT operations outside the AOC. The assessment of the data collected during an interval of 2–4 years will determine if there is a need to change the rules, i.e. to further simplify them, where possible, or to add more guidance for some requirements. Cologne, [signed by] Patrick KY Executive Director TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 27 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 3. References 3. References 3.1. Affected regulations — 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 (OJ L 296, 25.10.2012, p. 1) — Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1) 3.2. Related decisions — Decision 2014/019/R of the Executive Director of the Agency of 24 April 2014 adopting Guidance Material to Regulation (EU) No 965/2012 ‘GM to Regulation (EU) No 965/2012’ — Decision N° 2012/015/Directorate R of the Executive Director of the Agency of 24th October 2012 on Acceptable Means of Compliance and Guidance Material to 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 ‘Guidance Material to Annex I – Definitions’ — Decision 2014/025/R of the Executive Director of the Agency of 28 July 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-ARO of Regulation (EU) No 965/2012 and repealing Decision 2014/014/R of the Executive Director of the Agency of 24 April 2014 ‘AMC and GM to Part-ARO — Issue 3’ — Decision 2014/017/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-ORO of Regulation (EU) No 965/2012 and repealing Decision 2012/017/R of the Executive Director of the Agency of 24 October 2012 ‘AMC and GM to Part-ORO — Issue 2’ — Decision 2014/002/R of the Executive Director of the Agency of 31 January 2014 adopting Certification Specifications and Guidance Material to Annex III (Part ORO) of Commission Regulation (EU) No 965/2012 ‘CS-FTL.1 — Initial Issue’ — Decision 2014/015/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-CAT of Regulation (EU) No 965/2012 and repealing Decision 2012/018/R of the Executive Director of the Agency of 24 October 2012— ‘AMC and GM to Part-CAT — Issue 2’ — Decision N° 2012/019/Directorate R of the Executive Director of the Agency of 24th October 2012 on Acceptable Means of Compliance and Guidance Material to 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 ‘Acceptable Means of Compliance and Guidance Material to Part- SPA’ TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 28 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 3. References — Decision N° 2013/021/Directorate R of the Executive Director of the Agency of 23 August 2013 on adopting Acceptable Means of Compliance and Guidance Material for Non-commercial operations with complex motor-powered aircraft (Part-NCC) — Decision 2014/016/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-NCO of Regulation (EU) No 965/2012 and repealing Decision 2013/022/R of the Executive Director of the Agency of 23 August 2013 ‘AMC and GM to Part-NCO — Issue 2’ — Decision 2014/018/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-SPO of Regulation (EU) No 965/2012 ‘AMC and GM to Part-SPO’ — Decision 2015/029/R of the Executive Director of the Agency of 17 December 2015 issuing acceptable means of compliance and guidance material to Part-M, Part-145, Part-66, and Part- 147 of Regulation (EU) No 1321/2014 and repealing Decision 2003/19/RM of the Executive Director of the Agency of 28 November 2003 — ‘AMC and GM to the Annexes to Regulation (EU) No 1321/2014 — Issue 2’ 3.3. Other reference documents — DENM-2012-004: Final Report on the serious incident to accident to ‘Avions de Transport Régional’ ATR72-212A, Registration OY-CIM, at Copenhagen Airport, Kastrup (EKCH), Denmark, on 13 September 2011, issued by the Danish Accident Investigation Board Aviation Unit (Ref. HCLJ510-2011-11). — HUNG-2012-004: Final Report on the serious incident to ATR42-500, Registration YR-ATG, at Budapest, on 17 June 2011, issued by the Hungarian Transportation Bureau on 11 January 2016 (Ref. 2011-120-4P). — ITAL-2012-009: Investigation on the serious incidents to PW127 engines installed on ATR 42/72 aircraft, such as the ATR72-212A, registered I-ADCC, at Firenze Airport, Peretola (LIRQ), on 03 October 2011, issued by the ANSV on 26 July 2012. — GERF-2006-009: Investigation Report on the serious incident to Bae 146-300 at Stuttgart on 12 March 2005, issued by the German Federal Bureau of Aircraft Accidents Investigation in November 2006 (Ref. 5X007-0/05). — UNKG-2005-148: AAIB Bulletin No: 4/2006 on Avro 146-RJ100, G-CFAC and others, issued by the UK AAIB in 2006 (Ref. EW/GC2005/03/09). — Accident Report on the accident involving a PZL M-18A Dromader aircraft, registration EC-FBI, in the vicinity of Castellon aerodrome, on 07 October 2006, issued by the CIAIAC (Ref. A-059/2006). — ICAO Annex 19 ‘Safety Management’ — ICAO Doc 9966 ‘Manual for the Oversight of Fatigue Management Approaches’ — Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (OJ L 373, 31.12.1991, p. 4). TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 29 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 3. References — Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane (OJ L 254, 20.9.2008, p. 1) — Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18) — Commission Regulation (EU) No 83/2014 of 29 January 2014 amending Regulation (EU) No 965/2012 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 (OJ L 28, 31.1.2014, p. 17) — 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/EC (OJ L 79, 19.3.2008, p. 1) TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 30 of 31 An agency of the European Union  European Aviation Safety Agency Opinion No 04/2017 4. Appendices 4. Appendices — Appendix 1: CRD 2015-18 (A) — Appendix 2 : CRD 2015-05 TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 31 of 31 An agency of the European Union