Air Operations

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT); Regulation (EC) No 1107/2006 on the right of disabled persons and persons with reduced mobility when travelling by air

Portable air concentrators (POC) do not contain oxygen as such; they only concentrate the oxygen in the surrounding area. Therefore they should not be confused with oxygen bottles/cylinders. Under the European regulations, POCs do not have to be approved to be carried and used on board.

As POCs contain batteries, they fall under the definition of portable electronic devices (PEDs).

In accordance with the European regulations (AMC1 CAT.GEN.MPA.140 (b)(2)(i)), medical equipment necessary to support physiological functions (i.e. POCs) does not need to be switched-off during any phases of the flight.

Regulation (EC) No 1107/2006 establishes the rights of disabled persons and persons with reduced mobility when travelling by air. Article 4(3) of this Regulation requires an air carrier or its agent to make publicly available the safety requirements and relevant information on restrictions. For more information on Regulation (EC) No 1107/2006, please refer to the Commission's interpretative guidelines on this regulation from 11.06.2012, which has been published on the Commission's website and can be accessed using this link.

If passengers have special needs, they should request more information from the airline at the time of booking.

[NOTE: Q1 and Q2 must be read together as they are closely related.]

Reference: Regulation (EU) No 965/2012 on Air Operations; Regulation (EC) No 1107/2006 on the right of disabled persons and persons with reduced mobility when travelling by air

Article 10 of Regulation (EC) No 1107/2006 establishes the rights of disabled persons and persons with reduced mobility when travelling by air. The Regulation also stipulates that air operators should provide assistance, including transportation of medical equipment subject to dangerous goods legislation. Article 4(3) of this Regulation requires an air carrier or its agent to make publicly available the safety requirements and relevant information on restrictions. Annex II to the Regulation stipulates that the relevant legislation on dangerous goods can be invoked to limit the transport of mobility equipment. For more information on Regulation 1107/2006, please refer to the Commission's interpretative guidelines on this regulation from 11.06.2012, which has been published on the Commission's website and can be accessed here.

Regulation (EU) No 965/2012 of 5 October 2012 on Air Operations (Air OPS Regulation) refers to Annex 18 of the Chicago Convention and the Technical Instructions for the Safe Transport of Dangerous Goods by air when relating to their carriage on board. For safety reasons, oxygen/air cylinders or bottles are considered dangerous goods and fall under Annex 18 of the Chicago Convention; therefore, the provisions under Part 8 of the ICAO Technical Instructions must be applied to passengers who intend to carry these items with them on board. Oxygen/air cylinders for medical use of no more than 5 kg gross weight and never containing liquid oxygen are allowed in checked and carry-on baggage or on the person, with approval of the operator. In addition, the operator must provide the pilot-in-command with written information on their number and location on board. The valves and regulators of oxygen bottles must be protected from damage which could cause inadvertent release of the contents. Under the ICAO Technical Instructions, spare oxygen cylinders of a similar size are also allowed to ensure an adequate supply for the duration of the journey. The operator's Operations Manual, which has been approved by the National Authority, will contain procedures on the use of oxygen bottles.

Nevertheless, for safety reasons, national authorities may decide to prohibit all oxygen bottles, irrespective of their size, from being carried on board by passengers. Where the national authorities allow oxygen bottles of less than 5 kg to be taken on board, it is still left to the discretion of the operator to accept them, also due to safety reasons (oxygen is highly flammable and it cannot be guaranteed that the bottles/valves have been maintained properly).  
If passengers have special needs, they should request more information from the airline at the time of booking.

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex III (Part ORO), Annex IV (Part CAT), Annex V (Part SPA), Annex VI (Part NCC), Annex VII (Part NCO)

European rules regarding the transport of dangerous goods can be found in the Commission Regulation (EU) No 965/2012 on Air Operations (Air OPS). Air OPS Regulation substitutes the EU-OPS Regulations. So far, only the rules for commercial air transport and non-commercial operations have been published in Annexes I to VII of the Air OPS. The rules on aerial work (specialised operations) will follow later to complete it.

Apart from the implementing rules which are comprised in the Regulation (EU) 965/2012, the Acceptable Means of Compliance (AMC) and Guidance Material (GM), which are published as EASA Decisions on the Agency's website, should be taken into account as well (namely Decisions 2012/015/R through to 2012/019/R, respectively the amended ones 2013/017/R through to 2013/022/R).

The requirements in ORO.GEN.110, CAT.GEN.MPA.200, SPA.DG.105, NCC.GEN.150 and NCO.GEN.140 are more general, whereas the related AMC/GM (especially AMC1 SPA.DG.105(a) in ED Decision 2013/020/R on Part SPA) include more specific details.

The requirements stipulated in Part I, Chapter 4 of the ICAO Doc 9284-AN/905, Technical Instructions for the Safe Transport of Dangerous Goods by Air, mentioned as a further reference in the Air OPS Regulation, must also be complied with.

In addition, national aviation authorities are responsible for approving the dangerous goods training in their countries and therefore they have to establish the conditions under which they shall be approved. For detailed information on training requirements (including the type of training interaction - classroom or computer-based training), each operator should contact the national aviation authority in their country of registration.

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex I Definitions

Annex I (Definitions) of the Regulation (EU) 965/2012 on Air Operations contains definitions for critical phases of flight for aeroplane and helicopters:

“'Critical phases of flight' in the case of aeroplanes means the take-off run, the take-off flight path, the final approach, the missed approach, the landing, including the landing roll, and any other phases of flight as determined by the pilot-in-command or commander.

'Critical phases of flight' in the case of helicopters means taxiing, hovering, take-off, final approach, missed approach, the landing and any other phases of flight as determined by the pilot-in-command or commander.”

As one can see from these definitions, for helicopters taxiing is defined as a critical phase of flight, while for aeroplanes it is not. Rules for activities considered acceptable during critical phases of flight are provided in the Regulation (EU) No 965/2012 on Air Operations - in Annex III (Part ORO), Annex IV (Part CAT), Annex VI (Part NCC), Annex VII (Part NCO) and Annex VIII (Part SPO). Basically, these Implementing Rules require crew members during critical phases of flight:

• to be seated at his/her assigned station; and
• not to perform any activities other than those required for the safe operation of the aircraft.

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex I (Definitions) and Annex III (Part ORO)

The term 'Sterile Flight Deck' is used to describe any period of time when the flight crew members shall not be disturbed e.g. by cabin crew, except for matters critical to the safe operation of the aircraft and/or the safety of the occupants. In addition, during these periods of time the flight crew members should focus on their essential operational activities without being disturbed by non-flight related matters, i.e. flight crew members should avoid non-essential conversations, should not make non-safety related announcements towards the passengers, etc.

Sterile flight deck procedures are meant to increase the flight crew members' attention to their essential operational activities when their focused alert is needed, i.e. during critical phases of flight (take-off and landing, etc.), during taxiing and below 10 000 feet (except for cruise flight).

The Agency issued draft rules addressing sterile flight deck procedures in June 2013 (Opinion 05/2013) to the European Commission. Once adopted, these rules will be incorporated in the Regulation on Air Operations. The Agency expects that the sterile flight deck procedures will be in place in 2014.

Reference: Regulation (EC) No 216/2008 ('the Basic Regulation'), Regulation (EU) No 965/2012 on Air Operations

The term 'commercial operation' is defined in Article 3 of the Basic Regulation as follows:

'Commercial operation' shall mean any operation of an aircraft, in return for remuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator.

The term 'commercial air transport (CAT) operation' is defined in Article 2 of Regulation (EU) No 965/2012 as follows:

'Commercial air transport (CAT) operation' means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration.

The two definitions make it clear that 'commercial operations' include 'CAT operations'.

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex V (Part SPA)

It is not the medical equipment itself that has to be approved in accordance with Regulation (EU) No 748/2012, but its installation on the helicopter. Therefore, if it is a fixed installed equipment, it has to be approved; if it is removable, the housing or any other part which is installed has to be approved. In general terms, the principle applied here is that no kind of equipment (medical or not, installed or not) shall affect the airworthiness or the safe operation of the aircraft even in the case of failures or malfunctions.

This means, for example, that if the equipment is powered by a power source of the aircraft, there shall be no adverse effect on the power source itself or on other systems or parts of the aircraft, or that the equipment is checked and cleared against electromagnetic interference.

Regulation (EU) No 1178/2011 on aircrew; Regulation (EU) No 965/2012 on Air Operations, Annex VIII (Part-SPO)

Aerobatic flights are considered commercial SPO flights. Therefore Part-ORO & Part-SPO apply to those flights. The dedicated Section in Subpart E of Part-SPO lists some exemptions for aerobatic flights.

The definition of aerobatic flight can be found in the Commission Regulation (EU) No 1178/2011 on aircrew (‘Aerobatic flight’ means an intentional manoeuvre involving an abrupt change in an aircraft’s attitude, an abnormal attitude, or abnormal acceleration, not necessary for normal flight or for instruction for licences or ratings other than the aerobatic rating).

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex II (Part ARO, ARO.GEN and ARO.RAMP)

There is no further guidance on how many on-site audits should actually be performed. This decision depends on the confidence of the authority in the operator, on results of past certification and/or oversight activities required by ARO.GEN and ARO.RAMP and on the assessment of associated risks. The number of on-site audits is therefore part of the oversight responsibility of the authority.

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex III (Part ORO)

The TCO authorisation issued by the Agency is no substitute for requirements regarding wet-lease agreements between EU and third country operators that are contained in Part ORO of Regulation (EU) No 965/2012 on Air Operations. For wet-lease agreements, the TCO operator must demonstrate equivalence to EU safety requirements. Before entering into a wet-lease agreement, the EU operator should demonstrate to the authority that (1) the TCO has a valid AOC, (2) that safety standards of the TCO regarding continuing airworthiness and air operations are equivalent to the EU continuing airworthiness requirements 2042/2003 (593/2012) and (3) the aircraft has a standard Certificate of Airworthiness (CofA) issued in accordance with ICAO Annex 8.

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex II (Part ARO), Annex III (Part ORO)

As stated in ORO.AOC.100, an operator has to submit, as part of its application for an AOC, a description of its management system, including the organisational structure, which constitutes its safety management manual, whose content is described in AMC1 and AMC2 to ORO.GEN.200(a)(5).
The Competent Authority has to check the content of the operator's Safety Management Manual (SMM) as mentioned in ARO.GEN.310(a) and in the corresponding AMC to ARO.GEN.310.

ARO.GEN.310 INITIAL CERTIFICATION PROCEDURE - ORGANISATIONS

(a) Upon receiving an application for the initial issue of a certificate for an organisation, the competent authority shall verify the organisation's compliance with the applicable requirements. This verification may take into account the statement referred to in ORO.AOC.100 (b).
[...]

AMC1 ARO.GEN.310(a) INITIAL CERTIFICATION PROCEDURE - ORGANISATIONS
VERIFICATION OF COMPLIANCE

(a) Upon receipt of an application for an air operator certificate (AOC), the competent authority should:

(1) assess the management system and processes, including the operator's organisation and operational control system;
(2) review the operations manual and any other documentation provided by the organisation; [...]

Information on the content of the operator's Safety Management Manual (SMM), which can be part of the Operations Manual or included in a separate manual, can be found in AMC1 and AMC2 to ORO.GEN.200(a)(5). It should be noted that the SMM is not required to be approved according to ORO.GEN.200(a)(5) and the related AMCs. Nevertheless, changes affecting the operator's management system are required to be approved (ORO.GEN.130 + GM1) and these changes would have to be reflected in the operator's manual dealing with Safety management:

AMC1 ORO.GEN.200(a)(5) MANAGEMENT SYSTEM DOCUMENTATION - GENERAL
[...]

(b) The operator's management system documentation may be included in a separate manual or in (one of) the manual(s) as required by the applicable Subpart(s). A cross reference should be included.

ORO.GEN.130 CHANGES

(a) Any change affecting:

(1) the scope of the certificate or the operations specifications of an operator; or
(2) any of the elements of the operator's management system as required in ORO.GEN.200 (a)(1) and (a)(2),
shall require prior approval by the competent authority.

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex III (Part ORO)

Regarding code-sharing, Regulation (EU) No 965/2012 on Air operations requires from the EU Operator, who wishes to enter into a code-sharing agreement with a third country operator (TCO), compliance with the requirements of Annex III to Regulation (EU) No 965/2012. This means the TCO as a code-share partner will undergo comprehensive audits for the initial verification of compliance and continuous compliance with the applicable ICAO standards [AMC1 ORO.AOC.115(a)(1)]. These audits can be performed either by the EU operator itself or a third party provider. The AMC (AMC2 ORO.AOC.115(b)) refers to the possibility of using industry standards. The audit will focus on the operational, management and control systems of the TCO (see AMC1 ORO.AOC.115(a)(1)). Continuous compliance of the code sharing TCO with the applicable ICAO standards will be performed on the basis of a code-share audit programme (see AMC1 ORO.AOC.115(b)).

This means that the audit and verification requirements contained in Part ORO of Regulation 965/2012 cannot be substituted by a TCO authorisation issued by the Agency. For code-share, an EU operator must, in addition to the TCO authorisation, audit and monitor the TCO.

Reference: Regulation (EU) No 1178/2011 on aircrew, Part-CC

Under EU-OPS, practical training on the use of rafts was required during initial training.  As EU-OPS was a regulation directed, and applicable, to operators, an operator could provide raft training only ‘before first operating on an aeroplane fitted with life-rafts or similar equipment. The training was conducted with the operator’s specific equipment/rafts.

The new Part-CC cabin crew attestations (CCA) are also issued for life time and recognised across all EU. However, conversely to the EU-OPS attestation, CCA are subject to certain conditions (e.g. validity) to attest the competence of the individual cabin crew member. This is as foreseen in the Basic Regulation taking into account the increasing mobility required from staff in the aviation sector and the need to further harmonise cabin crew qualifications.

Part-CC is part of the Aircrew Regulation (EU) No 1178/2011 as amended. The initial training syllabus is no longer ‘operator related’, and the practical training of the use of rafts or similar equipment and actual practice in water are therefore not specific to a particular operator’s equipment. It is required in all cases, in consistency with the fact that all CCA holders, when recruited, are expected to have the ability to perform all types of cabin crew duties, including ditching related duties in water.

When operators are granted an approval to provide Part-CC Initial training and to issue the related CCA entitled to mutual recognition across the EU, they no longer act only as an operator training its cabin crew for its specific operations, but as training organisations training future cabin crew who, in their life time, may also operate with other operators and in other Member States.

Reference: Regulation (EU) No 1178/2011 on aircrew, Part-CC

EU-OPS attestations of safety training held by active cabin crew members complying with applicable training and recency requirements are considered equivalent to the new cabin crew attestations (CCA) until they can be replaced by a CCA. Replacement must be done at the latest by 8 April 2017, as stated in point 3 of Article 11a of the Aircrew Regulation:

“3. The attestations of safety training issued in accordance with EU-OPS shall be replaced with cabin crew attestations complying with the format laid down in Annex VI by 8 April 2017 at the latest.”

Some conditions must be fulfilled as specified in point 2 of Article 11a of the Aircrew Regulation. The knowledge and competence acquired with the initial training must, at the time of the replacement, have been maintained by completion of the other training provided by the operator and current operating experience on at least one aircraft type.

If changing to another operator or during a period of up to maximum 5 years (60 months) without operating as cabin crew, any holder of an EU-OPS attestation of safety training will only need to complete the applicable training with the new operator (i.e. aircraft type and conversion training followed by familiarisation) before being assigned to flying duties as part of the minimum required cabin crew on an aircraft. There is no change in this matter in the new rules compared to EU-OPS.

The main difference with EU-OPS is the 5-year validity which is applicable for the replacement of EU-OPS attestation as well as to the new CCA as specified in Part-CC, paragraph CC.CCA.105 ‘Validity of the cabin crew attestation’.

If holders of EU-OPS attestations have not operated for more than 5 years, they must in such a case complete again the initial training course before being issued a new CCA (see Article 11a, point 2.(c)) and being in position to complete the training of the new operator and then be reassigned to operate as cabin crew.

This is because it was considered, based on experience gained, that after 5 years without completing operator training nor operating as cabin crew,  the knowledge and competence gained previously has expired and needs to be updated and renewed by completing again initial  training before undertaking any other training.

Reference: Regulation (EU) No 1178/2011 on aircrew, Part-CC; Regulation (EU) No 965/2012 on Air Operations, Annexes III (Part-ORO) and related EASA Decision

The following regulatory requirements contain provisions on fire and smoke training for cabin crew:

Commission Regulation (EU) No 1178/2011:

• Annex V – Part-CC, CC.TRA.220 Initial training course and examination;
• Appendix 1 to Part-CC Training programme of the Initial training course
• Appendix 1 to Part-CC point 8.  Fire and smoke training;

Commission Regulation (EU) No 965/2012 on Air Operations Annex III, Part-ORO, Subpart-CC:

• ORO.CC.125 Aircraft type specific and operator conversion training
• ORO.CC.140 Recurrent training
• ORO.CC.145 Refresher training

ED Decision 2014/017/R contains Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Annex III – Part-ORO:

• AMC1 ORO.CC.125(c) and AMC1 ORO.CC.125(d) Aircraft type specific training and operator conversion training
• AMC1 ORO.CC.140 Recurrent training

Reference: Regulation (EU) No 965/2012 on Air Operations, Annexes III (Part-ORO) and IV (Part-CAT)

The only requirements for languages relevant to CC are specified in the Air Operations Regulation ((EU) No 965/2012) as follows:

• all personnel shall be able to understand the language of the OM relevant to their duties (ORO.MLR.100(k)), and
• all FC and CC members shall be able to communicate in a common language (CAT.GEN.MPA.120).

Common practice is nevertheless that cabin crew speak the language of the State of the operator, and English as this is usually required by the operators.

There is actually no language requirement for cabin crew regarding communication with passengers. This issue is now on the task list of the ICAO Cabin safety Group, as it was considered more consistent to be addressed at worldwide level, taking into account any relevant Safety Recommendations resulting from accident or incident investigations.

It should be noted that it is difficult, if not impossible, to identify which languages, other than the language of the operator and English, should be required.

For example, a French airline may have a flight departing from Paris to Madrid (CC would then speak French and English as normally required by operators), but most passengers could be a group of Japanese.

In this global sector, it is very difficult to anticipate which languages will be necessary depending on the nationality of the passengers to be carried, which may change for each flight. It could also be different from the language of the country of departure, as well as from the country of destination.

Ultimately, it is the responsibility of each operator to ensure that safety briefing / instructions can be given in a way that will ensure general understanding by passengers and will allow cabin crew to be understood when applying safety and emergency procedures.

Reference: Regulation (EU) No 1178/2011 on aircrew; Regulation (EU) No 965/2012 on air operations, Annex III (Part-ORO)

Information on airline employment opportunities and recruitment process can be sought with the airline directly.

The applicant will have to obtain a Cabin Crew Attestation in accordance with the Commission Regulation (EU) 1178/2011 and the related ED Decision 2012/005/R containing Acceptable Means of Compliance (AMC) and Guidance Material (GM). The first step is to submit an application for a Cabin Crew Attestation in accordance with the procedures established by the Competent Authority (CA) of the Member State. This information is usually provided on their website, you can also contact the CA.

For requirements related to cabin crew and the Cabin Crew Attestation, please refer to the following parts of the Regulation:

1. Article 11a Cabin crew qualifications and related attestations;
2. Article 11c Transitional Measures - Article 2;
3. Annex V Qualification of cabin crew involved in commercial air transport operations (Part-CC);
4. Appendix 1 to Part-CC;
5. Annex VI Subpart CC;
6. Appendix II to ANNEX VI PART-ARA Standard EASA format for cabin crew attestation.

A Cabin Crew Attestation issued in accordance with Commission Regulation (EU) No 1178/2011 is recognised and transferable amongst the EU Member States.

The second step is to undergo training and checking with an airline in accordance with Commission Regulation (EU) No 965/2012 Air Operations. For requirements related to cabin crew, please refer to Annex III - Part-ORO, Subpart-CC and to the related ED Decision 2014/017/R containing AMC and GM. Following the successful completion of the training and checking, the individual can be assigned to flying duties as a cabin crew member.

For further details, please refer to the National Aviation Authority, the operator or a training organisation conducting training for cabin crew in the country where you intend to undergo cabin crew training.

Yes, in the list of pdf documents on the Acceptable Means of Compliance and Guidance Material page, please select the documents entitled 'Supplementary document to ED Decision.

The consolidated version shows the different amendments in a single document and makes it much easier to find the appropriate AMC and GM for your type of operation.

Reference: Regulation (EU) No 1178/2011 and its amendments, Regulation (EU) No 965/2012 and its amendments, related EASA Decisions (AMC/GM/CS)

The new requirements (on aircrew, air operations and third country operators) consist of:

1. a Cover Regulation,
2. Annexes containing Implementing Rules,
3. Acceptable Means of Compliance (AMC) and Guidance Material (GM),
4. Certification Specifications (e.g. for the qualification of flight simulation training devices, or on flight time limitations).

They are published in the Official Journal of the European Union.

Commission Regulation (EU) No 1178/2011 containing the first four annexes of the Aircrew Regulation was published in the Official Journal on 25 November 2011.

The remaining three annexes of the Aircrew Regulation were published in the Official Journal as Commission Regulation (EU) No 290/2012 on 5 April 2012.

Commission Regulation (EU) No 965/2012 on air operations and applicable to commercial air transport operations with aeroplanes and helicopters was published in the Official Journal on 25 October 2012.

Commission Regulation (EU) 800/2013 amending Regulation (EU) No 965/2012 and applicable to non-commercial operations with complex motor-powered aircraft (Part NCC) and other-than-complex motor-powered aircraft (Part NCO) was published in the Official Journal on 24 August 2013. The date of applicability is 25 August 2013. It also amends Regulation (EU) 965/2013 in its already published Annexes accordingly.

The Official Journal is published in all the official languages of the EU.

Acceptable Means of Compliance (AMC), Guidance Material (GM) and Certification Specifications (CS) are published on the Agency website, as Agency Decisions. As these need to take into account any changes made to the Cover Regulation and Implementing Rules by the EASA Committee, European Parliament and Council, the Decisions are published shortly after the date when their corresponding regulations have been published in the Official Journal. These are available in English only.

Reference: Regulation (EC) No 216/2008

NPAs and CRDs are part of the Agency's rulemaking process, to inform and consult stakeholders on possible rule changes or newly developed rules. The proposed rules are obviously not binding and still subject to change, either during the EASA rulemaking process or the Commission's comitology process. While a NPA and CRD may give a broad indication on how the future rule could look like, the Agency generally does not recommend using it before the final rules are published in the Official Journal of the European Union.

Reference: Regulation (EU) No 290/2012 on Aircrew (ARA.GEN.120); Decision AMC/GM to Part ARA (AMC1 ARA.GEN.120(d)(3), GM1 ARA.GEN.120); Regulation (EU) No 965/2012 on Air Operations (ARO.GEN.120); Decision AMC/GM to Part ARO (AMC1 ARO.GEN.120(d)(3), GM1 ARO.GEN.120)

The only means of compliance to the Aircrew/Air OPS Regulations that all organisations can use across the EU are the AMC as published by the Agency. For alternative means of compliance, the following scenarios are foreseen:

1. an alternative means of compliance approved for an individual organisation may be used by another organisation, but that organisation must also apply for approval to use such alternative means of compliance;
2. an alternative means of compliance issued by the competent authority (e.g. NAA) may be used by all organisations for which that authority is responsible.

Whenever the competent authority accepts an alternative means of compliance proposed by an organisation, it must notify the Agency and inform all other Member States. However, each Member State may decide how to deal with this information. This is explained in:

Regulation (EU) No 290/2012 on Aircrew:

ARA.GEN.120 MEANS OF COMPLIANCE

“(d) The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance with ORA.GEN.120 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 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 or certificate of the applicant accordingly; and
(2) notify the Agency of their content, including copies of all relevant documentation;
(3) inform other MS about alternative means of compliance that were accepted.

(e) When the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules it shall:

(1) make them available to all organisations and persons under its oversight; and
(2) without undue delay notify the Agency.
The competent authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.”

AMC1 ARA.GEN.120(d)(3):

“The information to be provided to other Member States following approval of an alternative means of compliance should contain a reference to the Acceptable Means of Compliance (AMC) to which such means of compliance provides an alternative, as well as a reference to the corresponding Implementing Rule, indicating as applicable the subparagraph(s) covered by the alternative means of compliance.”

GM1 ARA.GEN.120 explains that alternative means of compliance are valid for an individual organisation:

“Alternative means of compliance used by a competent authority or by organisations under its oversight may be used by other competent authorities or organisations only if processed again in accordance with ARA.GEN.120 (d) and (e).”

When the Agency finds that an alternative means of compliance of which it has been notified has value to be issued as an Agency AMC, this alternative means of compliance will be fed into the Rulemaking process. On completion of the rulemaking process, the means of compliance will be published as AMC.

AMC & GM to Part ARA are available here.

Regulation (EU) No 965/2012 on Air Operations:

ARO.GEN.120:

“(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 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 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.

(e) When the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules it shall:

(1) make them available to all organisations and persons under its oversight; and
(2) without undue delay notify the Agency.

The competent authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.”

AMC1 ARO.GEN.120(D)(3): MEANS OF COMPLIANCE

“GENERAL
The information to be provided to other Member States following approval of an alternative means of compliance should contain a reference to the Acceptable Means of Compliance (AMC) to which such means of compliance provides an alternative, as well as a reference to the corresponding Implementing Rule, indicating as applicable the subparagraph(s) covered by the alternative means of compliance.”

GM1 ARO.GEN.120 MEANS OF COMPLIANCE

“GENERAL
Alternative means of compliance used by a competent authority or by organisations under its oversight may be used by other competent authorities or organisations only if processed again in accordance with ARO.GEN.120 (d) and (e).”

In the Information on Alternative Means of Compliance notified to the Agency page you can find a list of all the notifications sent by the Member States to EASA with the alternative means of compliance that they adopted.

Reference: Regulation (EU) No 965/2012 on Air Operations

As stated in Article 7.1 of the Regulation (EU) No 965/2012 on Air Operations, EU-OPS (aeroplane) AOCs issued by a Member State before the Regulation applies shall be deemed to have been issued in accordance with this Regulation. This means that an operator will not have to re-apply for an AOC.

However, all existing AOCs issued before the entry into force of this Regulation will have to be replaced by AOCs corresponding to the new format (Appendix I to Part ARO) no later than 28 October 2014. Before the new AOC document can be issued, operators will have to adapt their management system, training programmes, procedures and manuals accordingly. More detailed information on how this transition process is managed is available from the national aviation authority that issued the AOC.

EASA will not issue AOCs. New AOCs will continue to be issued by National Aviation Authorities (the competent authority for this scope) in compliance with the requirements for organisations (Part ORO) and authorities (Part ARO).

Reference: Regulation (EU) No 965/2012 on Air Operations

Where rules apply only to a specific category of aircraft, this has been indicated in the title. Within Subpart IDE (instruments, data and equipment), sections for each aircraft category have been created, so there the distinction is easy to make. Where no distinction is made in the rule title or section, the rule will apply to all aircraft categories.

Reference: Regulation (EC) No 216/2008 (‘the Basic Regulation’)

The legislator has not further specified the term “control”. It is therefore EASA’s view that it should be understood in a wider sense, i.e. the term is not limited to operational control. In this sense, control could for example also encompass financial control, control of management decisions etc. This notion of the definition is for example particularly valid for managed operations or fractional ownership. These are operations where an aircraft is owned by one or several persons who contract a management company to manage operations and continuing airworthiness. It then depends on the specific contract between the owner(s) and the management company how much control the owner(s) still have over the operation.

Reference: CS-25 (Large Aeroplanes)

Baby bassinets are currently included in a certification process of the particular aircraft in which they will be installed; baby bassinets are not certified as a separate device and they are not certified for taxi, take-off, landing and turbulent weather conditions. Placards advising on their stowage during taxi, take-off, landing and turbulence are required either at the location where baby bassinets will be fixed to the aircraft structure (e.g. bulkhead) or a clearly visible instruction advising on the same must be in place on the baby bassinet itself.

Because of the standard fixation of the unit, they are not stable during turbulence, they may swing up and down, and therefore they must be stowed during turbulence.

The placarding requirements are related to the general certification requirements on placarding and intended function in accordance with Certifications Specifications and Acceptable Means of Compliance for Large Aeroplanes CS-25 (ED Decision 2012/008/R) and the marking requirements as specified in the approval of the equipment. The applicable reference paragraph is CS 25.1301, 25.1541. There is no specific mention of baby bassinets, however, equipment installed in an aircraft must meet the applicable requirements of the certification basis, the equipment specifications (if available) or aircraft manufacturer specifications (if available), or NAA requirements applicable to the operation of the aircraft.

For any questions on certification matters, do not hesitate to contact EASA Certification directorate.

Reference: Regulation (EC) No 216/2008

The 'Basic Regulation' (BR) designates 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, as amended by Commission Regulation (EC) No 690/2009 and Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009. A consolidated version of the Basic Regulation can be found here.

Under the EU legal order, the Basic Regulation has general application. It is binding in its entirety and directly applicable in all Member States. The main objective of the BR is to “establish and maintain a high uniform level of civil aviation safety in Europe” - Article 2 (1). Additional objectives are, among others, to ensure a high uniform level of environmental protection, to facilitate the free movement of goods, persons and services and to provide a level playing field for all actors in the internal aviation market” - Article 2 (2) (a), (b) and (f). One of the means to attain such objectives is “the preparation, adoption and uniform application of all necessary acts” - Article 2 (3) (a).

For that purpose, the BR conferred to the European Commission the power to adopt implementing rules which will detail how to comply with the essential requirements of the BR and will regulate the subject matters included in the its scope: airworthiness of aircraft, environmental protection, pilots, air operations, aerodromes, ATM/ANS, Air Traffic Controllers and aircraft used by third country operators into, within or out of the Community - see, among others, item 38 of the preamble to the BR.

One of EASA's (the Agency) tasks is to assist the Commission in the adoption of implementing rules, under Articles 18(a) and 19 BR.

Therefore, Regulation (EC) No 216/2008, as last amended, has been termed as the Basic Regulation in the Agency's documentation. The implementing rules proposed by the Agency take the form of Opinions addressed to the Commission. Once approved under the Comitology procedure, such implementing rules are published as Commission Regulations and this term appears in their titles.

Further FAQs on the Basic Regulation are available here.

Reference: Regulation (EC) No 216/2008, Regulation (EU) No 965/2012 on Air Operations as amended by Regulation (EU) No 800/2013

Essential requirements are a legal means of setting high level objectives and obligations on authorities, persons and organisations in order to achieve the objectives of the Basic Regulation ((EC) No 216/2008). Implementing rules are then developed on the basis of these essential requirements, to further detail how to achieve these objectives and obligations. The Basic Regulation has annexes containing essential requirements for:

• airworthiness (in Annex I),
• certain aircraft that fall outside the scope of the Agency's activities (Annex II),
• pilot licensing (Annex III),
• air operations (Annex IV),
• qualified entities in the case of certification (Annex V),
• aerodromes (Annex Va) and
• ATM/ANS and air traffic controllers (Annex Vb).

For example, the implementing rules for air operations (e.g. Regulation (EU) No 965/2012) are developed using the essential requirements as a starting point. For certain aspects and types of operation, the essential requirements do not need to be further elaborated on with a specific implementing rule. For example, in the case of non-commercial operations with other-than-complex motor-powered aircraft, some of the responsibilities of the pilot-in-command are set out in adequate detail in 1.b and 1.c of Annex IV to the Basic Regulation, and did not need to be further detailed in implementing rules. For legal certainty, the essential requirements should not be repeated in the implementing rule, but to support industry in identifying the requirements with which they should comply, the Agency makes a reference to the essential requirement from the implementing rule:
“NCO.GEN.105 Pilot-in-command responsibilities and authority

a) The pilot-in-command shall be responsible for:

(1) the safety of the aircraft and of all crew members, passengers and cargo on board during aircraft operations as referred to in 1.c of Annex IV to Regulation (EC) No 216/2008”.

Reference: Regulation (EU) No 1178/2011, Regulation (EU) No 290/2012, Regulation (EU) No 965/2012, Regulation (EU) No 800/2013

The 'Cover Regulation' designates:

• The first 12 articles of Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1) as amended by Commission Regulation (EU) No 290/2012 of 30 March 2012 (OJ L 100, 5.4.2012, p. 1) - the full regulation is available here;
• The first 10 articles of Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1) as amended by Commission Regulation (EU) No 800/2013 (OJ L 227, 24.08.2013, p.1).

The Cover Regulation:

• explains the principles and considerations of the legislator when adopting the regulation (the 'whereas' clauses);
• describes the regulation's objective and scope;
• defines the terms used in the Cover Regulation;
• indicates to whom/what the regulation and its annexes apply;
• provides one or more dates from when the rules become applicable (opt-out provisions), including any grandfathering and transition measures for the adaptation to the new rules.

Regulation (EU) No 1178/2011 as amended by Regulation (EU) No 290/2012 has been termed by the Commission as the 'Aircrew Regulation'.

The Aircrew Regulation is thus composed of the Cover Regulation (12 Articles) and seven annexes, which contain the implementing rules on pilot licensing (Annex I - Part FCL), conversion of existing national licences (Annex II), conditions for the acceptance of licences issued by or on behalf of third countries (Annex III), medical certification and attestation (Annex IV - Part MED), qualification of cabin crew (Annex V - Part CC), authority requirements for aircrew (Annex VI - Part ARA) and organisation requirements for aircrew (Annex VII - Part ORA).

Regulation (EU) No 965/2012 has been termed the 'Air OPS Regulation'.

The Air OPS Regulation is thus composed of the Cover Regulation (10 Articles) and seven annexes, Annex I Definitions for terms used in Annexes II to VII, Annex II Authority requirements for air operations (Part ARO), Annex III Organisation requirements for air operations (Part ORO), Annex IV Commercial air transport operations (Part CAT), Annex V Specific approvals (Part SPA), Annex VI Non-commercial operations with complex motor-powered aircraft (Part NCC), Annex VII Non-commercial operations with other-than-complex motor-powered aircraft (Part NCO), which contain the implementing rules on air operations for commercial and non-commercial operations with aeroplanes, helicopters, sailplanes and balloons. Annex VIII Specialised Operations (Part SPO), to be published this year, will complete the Air Operations package. If you'd like to see the structure of the Air OPS regulation, click here.

Reference: Regulation (EU) No 1178/2011, Regulation (EU) No 290/2012, Regulation (EU) No 965/2012, Regulation (EU) No 800/2013, Regulation (EU) No 71/2014, Regulation (EU) No 83/2014

Aircrew Regulation

In the Aircrew Regulation, 'grandfathering' designates the legal recognition and acceptance of certificates issued by national authorities prior to the entry into force of the Aircrew Regulation. In the Cover Regulation, the conditions for the grandfathering of JAR-compliant and non-JAR compliant pilot licences and medical certificates are set forth in its Articles 4 and 5.

Grandfathering measures are included in the Cover Regulation to assist Member States in the transition from national rules to unified EU rules. In the case of aircrew licensing, provisions on grandfathering consider some national certificates issued in compliance with given regulations and by a certain date as being in compliance with the new Aircrew Regulation.

A 'transition measure' is a means of allowing a gradual change to the new rules and its scope and timeline are clearly stated within the Cover Regulation. Several examples can be found in the Aircrew Regulation, such as in Article 11c (in relation to the obligation of Member States regarding transfer of records and certification processes of those organisations for which the Agency is the competent authority) and Article 4 (1) obligation of Member States to adapt grandfathered pilot licences to the new licence format by a certain date of the Cover Regulation. 
The 'opt-out' can also be considered as a form of transition measure applicable to Member States. Opt-out provisions allow Member States to decide not to implement the new EU Regulation for a certain period of time, delaying the date of applicability of the new regulation within that Member State. This requires the Member State to notify the European Commission and the Agency of the 'opt-out', describing the reasons for such derogation and the programme for implementation. Article 12 (1) of the amended Cover Regulation allowed for a general opt out to Annexes I to IV until 8 April 2013. Other specific opt-outs are listed in Article 12 (2) to (6).

Air OPS Regulation

In the Air OPS Regulation, 'grandfathering' designates the legal recognition and acceptance of certificates issued by national authorities prior to the entry into force of the Air OPS Regulation. In the Cover Regulation, the conditions for the grandfathering of EU-OPS AOCs are set forth in Article 7.1.
Grandfathering measures are included in the Cover Regulation to assist Member States in the transition from EU-OPS to the new air ops rules. In the case of air operations, provisions on grandfathering consider EU-OPS AOCs issued in compliance with given regulations and by a certain date as being in compliance with the new Air OPS Regulation.

A 'transition measure' is a means of allowing a gradual change to the new rules and its scope and timeline are clearly stated within the Cover Regulation. An example to be found in the Air OPS Regulation is Article 7.1 obligation of Member States to issue AOC complying with the new format by a certain date.

The 'opt-out' can also be considered as a form of transition measure applicable to Member States. Opt-out provisions allow Member States to decide not to implement the new EU Regulation and its amendments for a certain period of time, delaying the date of applicability of the new regulation within that Member State. This requires the Member State to notify the European Commission and the Agency of the 'opt-out', describing the reasons for such derogation and the programme for implementation. Article 10.2 of the Cover Regulation ((EU) No 965/2012) allows for a general opt out to Annexes I to V until 28 October 2014. The amendments to Regulation (EU) No 965/2012 have different dates of applicability.

Reference: Regulation (EU) No 1178/2011 on Aircrew and its amendments, Regulation (EU) No 965/2012 on Air Operations and its amendments

When Regulations are published in the Official Journal of the European Union they invariably include several dates. The date of entry into force is usually expressed as the 20th day following publication of the Regulation in the Official Journal of the European Union. It means that the EU rules have been adopted and published - thus producing legal effects -, but are not necessarily mandatory on the date of entry into force. The date when they become mandatory is the date of applicability.

The Aircrew Regulation applies from 8 April 2012.

The Regulation (EU) No 965/2012 on Air Operations applies from 28 October 2012. Its further amendments have different dates of entering into force and of applicability.

However, since Article 12 of the Aircrew Regulation and Article 10 of the Air OPS Regulation include several opt-out provisions, this means that entire Annexes and/or specific parts of the Annexes will not be applicable until the end of the out-out periods, in case Member States take up this possibility. This means that the entry into force and applicability dates are common to all Member States, but due to the possibility of opt-outs, concrete implementation of specific provisions of Annexes or entire Annexes may vary among Member States. Please find Derogations to Aircrew Regulation ((EU) No 1178/2011, (EU) No 290/2012) and Air Operations Regulation ((EU) No 965/2012 and (EU), No 800/2013) here.

Reference: Regulation (EU) No 965/2012 on Air Operations and its amendments

Regulation (EU) No 965/2012 entered into force on 28 October 2012.

Article 10 of the Air OPS Regulation includes an opt-out provision allowing Member States to postpone the applicability of Annexes I to V until 28 October 2014. This means that entire Annexes and/or specific parts of the Annexes will not be applicable if a Member States chooses to opt-out. The Agency has published an overview of the opt-out period applied by Member States here.

The amendments to the Regulation (EU) No 965/2012 have different applicability dates:

• Commission Regulation (EU) No 800/2013 on non-commercial operation became applicable on 25 August 2013 and the opt-out period is 3 years.
• Commission Regulation (EU) No 71/2014 on operational suitability data was published on 27 January 2014; it entered into force on the twentieth day following that of its publication and must be applied not later than 18 December 2017 or two years after the approval of the operational suitability data, whichever is the latest.
• Commission Regulation (EU) No 83/2014 on flight and duty time limitations and rest requirements was published on 29 January 2014, entered into force on the twentieth day following that of its publication and shall apply from 18 February 2016 and from 17 Feb 2017 for ORO.FTL.205(e).

Once the Implementing Rules have been adopted, it is still possible that transition measures defer their applicability to a later date. Therefore, the exact date of applicability of each requirement will depend on the transition measures adopted by the European Commission. Until the date the new Implementing Rules apply, Member States' national rules and EU-OPS remain in force.

Reference: Regulation (EU) No 182/2011

Under the Treaty on the Functioning of the European Union (TFEU), the European Commission is responsible for the required implementation of Union legislation in many areas. When exercising these delegated powers, the Commission is often obliged to work with national civil servants appointed by Member States in different committees. These committees, which are a forum for discussions and the voicing of opinions, are chaired by the European Commission.

For the implementation of Regulation (EC) No 216/2008 (the Basic Regulation), the European Commission is assisted by the EASA Committee and by the Single European Sky Committee. Another committee of importance as regards aviation safety is the Air Safety Committee, which is best known for being the guardian of the so-called 'Safety list' as provided by Directive 2004/36/CE of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airport as amended by Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC.

The procedures which govern the work of these committees follow the standard procedures approved by Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. It replaces former Decision 1999/468/EC. This Regulation introduces a new amended 'comitology' procedure. The latest Comitology Regulation and other relevant information on the new comitology procedure can be consulted here.

EASA is not the competent authority to interpret EU Law. The responsibility to interpret EU Law rests with the judicial system, and ultimately with the European Court of Justice. EASA cannot even provide an 'authentic interpretation' (which is an official interpretation of a statute issued by the statute's legislator). Therefore any information included in these FAQs shall only be considered as EASA's understanding on a specific matter, and cannot be considered in any way as legally binding.

Reference: Regulation (EU) No 965/2012 on Air Operations, associated Decisions (AMC/GM)

EU-OPS is published in the Official Journal of the EU as Regulation (EC) No 1899/2006 of the European Parliament and of the Council of 12 December 2006 amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (OJ L 377, 27.12.2006, p. 1). It is available online via EUR-Lex. Although the Agency assists the Commission in administering this Regulation, any enquiries related to EU-OPS, if not handled by your national aviation authority, should be addressed to the Commission.

The JAA published TGL 44 in 2008, containing extensive guidance material for use with EU-OPS. This is available online.

EU-OPS continues to apply until the new requirements of Regulation (EU) No 965/2012 on Air Operations and its amendments are applicable in your Member State.

Implementing rules (IRs): EU law in the area of civil aviation generally defines safety objectives at the level of essential requirements and implementing rules, whereas detailed implementation aspects are included as Certification Specifications (CS) or Acceptable Means of Compliance (AMC). EU law is directly applicable (full part of Member States' legal order). These IRs are binding in all their aspects.

AMC and Guidance Material (GM): The AMC and GM are Agency measures. AMCs are defined as non-binding standards adopted by the Agency to illustrate means to establish compliance with the Basic Regulation and its Implementing Rules.

The AMCs issued by the Agency are not of a legislative nature; therefore they cannot create obligations on the regulated persons, who may decide to show compliance with the applicable requirements using other means. AMC illustrate a means, but not the only means, by which a requirement of an Implementing Rule can be met. Satisfactory demonstration of compliance using a published AMC shall provide for presumption of compliance with the related requirement; it is a way to facilitate certification tasks for the applicant and the competent authority.

GM is issued by the Agency to assist in the understanding of the Basic Regulation, its IRs and CSs.

For a clear differentiation between the AMC and AltMOC, please consult the relevant FAQ page.

Frequently Asked Questions: FAQs are published on the Agency (EASA) website and cover a wide range of material. Although the information contained in the FAQs is a summary of existing law or procedures, it may contain the results of a more complex interpretation of IR or other rules of law. In such cases there is always an internal quality consultation within the Agency prior to the publication of the FAQ on the website. The Agency FAQs are necessary to share information and enable to get a common understanding.

These FAQs are not additional GM.

Reference: Regulation (EU) No 965/2012 on Air Operations as amended by Regulation (EU) No 800/2013, (EU) 71/2014 and (EU) 83/2014

Yes, the new rules also apply to non-commercial operations. For general aviation and business/corporate aviation, the applicable rules are partly determined by the type of aircraft being flown: Annex VI (Part NCC: non-commercial operations with complex motor-powered aircraft) or Annex VII (Part NCO: non-commercial operations with other-than-complex motor-powered aircraft) will apply. The definition of complex motor-powered aircraft is found in Article 3 of the Basic Regulation and is as follows:

“complex motor-powered aircraft' shall mean:

(i) an aeroplane:

• with a maximum certificated take-off mass exceeding 5 700 kg, or
• certificated for a maximum passenger seating configuration of more than nineteen, or
• certificated for operation with a minimum crew of at least two pilots, or
• equipped with (a) turbojet engine(s) or more than one turboprop engine, or

(ii) a helicopter certificated:

• for a maximum take-off mass exceeding 3 175 kg, or
• for a maximum passenger seating configuration of more than nine, or
• for operation with a minimum crew of at least two pilots,#

or

(iii) a tilt rotor aircraft”.

The definition for 'commercial operation' is also contained in Article 3 of the Basic Regulation:

“(i) 'commercial operation' shall mean any operation of an aircraft, in return for remuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and customer, where the latter has no control over the operator”.

Training flights fall under either Part NCC or Part NCO, depending on the aircraft being flown.

In addition, Part SPA applies to any operations requiring a specific approval (e.g. low visibility operations, transport of dangerous goods, performance-based navigation and more).

Finally, Annexes II (Part ARO) and III (Part ORO) contain respectively the authority and organisation requirements regarding air operations. Annex III applies to operators of complex motor-powered aircraft, both commercial and non-commercial.

Reference: Regulation (EU) No 965/2012 on Air Operations and the associated Decisions

This is determined by the nature of your flight, and for non-commercial operation by the type of aircraft flown. The following diagram indicates under which requirements your flight should be operating.

Reference: Regulation (EU) No 965/2012 on Air Operations, associated Decisions (AMC/GM)

The Agency has published a cross-reference table to assist industry in transitioning to the new rules. This table contains detailed information on the transposition of EU-OPS / JAR-OPS 3 provisions (both Section 1 and Section 2 - for aeroplanes, TGL 44) into the new Implementing Rules (IR), Acceptable Means of Compliance (AMC) and Guidance Material (GM):

• new rule reference and rule title;
• old rule reference and rule title;
• indication of any differences to EU-OPS / JAR-OPS 3 provisions by stating “No change”, “Amended”, “New” or “Not transposed”; and
• short description of the differences, if any, between the old and new rules.

With this cross-reference table one can analyse in detail where and how the old provisions have been transposed into the new regulatory framework.

Reference: Regulation (EU) No 965/2012 on Air Operations

At the present stage no EU requirements exist for flights related to design and production activities (“manufacturer flights”). Instead these flights are regulated under national law. This is laid down in Paragraph 3 of Article 6 of Regulation (EU) No 965/2012 as follows:

“By way of derogation from Article 5(1) [air operations are regulated on a EU level], flights related to the introduction or modification of aircraft types conducted by design or production organisations within the scope of their privileges shall continue to be operated under the conditions set out in Member States' national law.”

However, the Agency started a rulemaking task (RMT.0348/0349) on “Flights related to design and production activities”. The goal is to establish a European regulatory framework for manufacturer flights including ferry flights, demo flights etc. At the present stage, a rulemaking group is working on a draft proposal to be published as “Notice of Proposed Amendments (NPA)” in 2014.

Commission Regulation (EU) No 290/2012 on Aircrew gives the following definitions:

Article 1 (2)(11) defines ‘cabin crew member’ as follows:

(11) “Cabin crew member” means an appropriately qualified crew member, other than a flight crew or technical crew member, who is assigned by an operator to perform duties related to the safety of passengers and flight during operations;

Article 1 (2)(12) defines Aircrew as follows:

(12) “Aircrew” means flight crew and cabin crew; To conclude, the definition of aircrew includes cabin crew member.

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT)

In the AMCs to the Regulation (EU) No 965/2012 on Air Operations (available here), it is recommended, for commercial air transport operations, to carry an automatic external defibrillator on aeroplanes required to carry an emergency medical kit (those having a passenger seating configuration of more than 30 seats when any point on the planned route is more than 60 minutes flying time at normal cruising speed from an aerodrome at which qualified medical assistance could be expected to be available) under certain conditions.

Namely the acceptable means of compliance to the rule concerned (CAT.IDE.A.225), listing the content of the Emergency Medical Kit, recommend operators to determine through risk assessment the need to carry the defibrillator. So there is no strict requirement for operators, but only a recommendation based on the result of a risk assessment.

The full text of the AMC is available here.

The above is in line with the current ICAO Annex 6 recommendation, which reads as follows:

ATTACHMENT B. MEDICAL SUPPLIES

Supplementary to Chapter 6, 6.2.2 a)

1.2 Based on the limited available evidence, only a very small number of passengers are likely to benefit from the carriage of automated external defibrillators (AED) on aeroplanes. However, many operators carry them because they offer the only effective treatment for cardiac fibrillation. The likelihood of use, and therefore of potential benefit to a passenger, is greatest in aircraft carrying a large number of passengers, over long duration sector lengths. The carriage of AEDs should be determined by operators on the basis of a risk assessment taking into account the particular needs of the operation.

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT)

There are no specific provisions for loadmasters, either in terms of their duties or in terms of their qualification. The only provision applicable to loading is in Part CAT:

CAT.POL.MAB.100 Mass and balance, loading

CAT.POL.MAB.105 Mass and balance data and documentation, stating:

• The loading of an aircraft shall be performed under the supervision of qualified personnel in a way that is consistent with the results of mass and balance calculations.
• The person supervising the loading of the aircraft shall confirm by hand signature or equivalent that the load and its distribution are in accordance with the mass and balance documentation given to the commander.
• The person who prepared the mass and balance documentation must be named on it.
• The operator has to specify principles and methods for the loading and the mass and balance system in use in its Operations Manual.

Regarding the categorization of such personnel, a loadmaster can be either ground personnel or a crew member if the operator assigns him/her duties on board (as it is the case for some cargo operators), but certainly not flight crew.

Of course this does not prevent a flight crew member to be also qualified as a loadmaster, but he or she would be flight crew independently from being a loadmaster at the same time.

Please note that in accordance with ORO.GEN.110(e), it is the operator's responsibility to “ensure that all personnel assigned to, or directly involved in, ground and flight operations are properly instructed, have demonstrated their abilities in their particular duties and are aware of their responsibilities and the relationship of such duties to the operation as a whole”.

“(2) or Two-engine aeroplanes with a maximum passenger seating configuration of 19 or less and a maximum take-off mass of less than 45 360 kg, in excess of 180 minutes at the approved one-engine-inoperative speed (in still air) from an adequate aerodrome.”

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT), Annex V (Part SPA)

In the EASA regulatory framework an ETOPS operational approval is not required for commercial operations with twin-engine aeroplanes with a maximum passenger seating configuration of 19 or less and a maximum take-off mass of less than 45 360 kg to operate in excess of 180 minutes at the approved one-engine-inoperative speed (in still air) from an adequate aerodrome.

Nevertheless, Regulation (EU) No 965/2012 must be considered, especially CAT.OP.MPA.140 which states:

“CAT.OP.MPA.140 Maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval

(a) Unless approved by the competent authority in accordance with Annex V (Part SPA), Subpart F, the operator shall not operate a two-engined aeroplane over a route that contains a point further from an adequate aerodrome, under standard conditions in still air, than:
[...]

(2) for performance class A aeroplanes with:

(i) an MOPSC of 19 or less; and 
(ii) a maximum take-off mass less than 45 360 kg,

the distance flown in 120 minutes or, subject to approval by the competent authority, up to 180 minutes for turbo-jet aeroplanes, at the OEI cruise speed determined in accordance with (b);”

Therefore, a specific ETOPS approval under Part SPA (Annex V to Regulation (EU) No 965/2012) is not required to operate between 120 and 180 mn from an adequate aerodrome; nevertheless, an operator is required to hold an approval based on the provisions contained in AMC1 CAT.OP.MPA.140(c). Without this approval, an operator cannot operate in excess of 120 mn from an adequate aerodrome.

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT)

Please note that the rules on CDFA are now specified in the following rule of Regulation (EU) 965/2012: CAT.OP.MPA.115 Approach flight technique - aeroplanes. To this implementing rule, three AMCs and one Guidance Material are assigned.

AMC1 CAT.OP.MPA.115 (a)(5) specifies the following: “This DA/H should take into account any add-on to the published minima as identified by the operator's management system and should be specified in the OM (aerodrome operating minima).” This means that the use of any add-on is left to the responsibility of the operator.

Usually, the operator should avoid going below DA/H if the missed approach is initiated. Therefore, (a)(7) specifies: “The operator should establish a procedure to ensure that an appropriate callout is made when the aeroplane is approaching DA/H. If the required visual references are not established at DA/H, the missed approach procedure is to be executed promptly.”

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT)

Regulation (EU) No 965/2012 Air Operations requires an infant, i.e. person younger than 24 months, to be secured on adult's lap by a supplementary loop belt or other restraint device.

“CAT.OP.MPA.225 Seats, safety belts and restraint systems

(b) Passengers
 

(2) The operator shall make provisions for multiple occupancy of aircraft seats that is only allowed on specified seats. The commander shall be satisfied that multiple occupancy does not occur other than by one adult and one infant who is properly secured by a supplementary loop belt or other restraint device.”

The use of 'child restraint seats' on board is currently dealt with at national level, i.e. at discretion of an air operator and the respective national aviation authority that does oversight of the operator's activities. However, EASA had brought up the issue of Child Restraint Devices (CRD) to ICAO in the recent past and ICAO agreed to take up the initiative on a global level.

The approval of a Child Restraint System (CRS) would require either an Authorisation in accordance with ETSO-C100b or an STC. Should any further clarification on certification aspects be required, please contact ETSOA [at] easa [dot] europa [dot] eu

Reference: Regulation (EU) No 965/2012 on Air Operations, associated Decision AMC/GM to Part CAT: AMC1 CAT.IDE.A.205

In the first instance, passengers wishing to use their car seat as a child restraint device (CRD) on board an aircraft should contact the airline or travel agency through which the ticket has been booked, in order to obtain information on which CRDs are acceptable and also to ensure that the car seat can be installed properly on the seat of the particular aircraft with which they will fly.

Since 2008, EU law determines that children under 2 years of age must be secured by an approved child restraint device when flying with EU airlines. This can either be a child seat or a 'loop belt', the latter being attached to the seat belt of the adult who is holding the child on his/her lap.

Regarding the use of a car seat as an acceptable child restraint device, this is regulated under the Regulation on Air Operations, through Annex IV (Part CAT), specifically CAT.IDE.A.205. The basis for the provision on child restraint devices is JAR-OPS 1 guidance material.

To conclude, the proposed examples for acceptable child restraint devices include car seats, and item 2 of AMC1 CAT.IDE.A.205 lists the standards with which the CRD should comply. This includes the UN standard ECE R 44, -03 or later series - this is commonly indicated on the car seat's label.

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex IV (Part CAT)

“In use for more than 1 cumulative hour” should be understood as an hour of cumulative ELT operation, whatever the purpose may be (testing, intended or unintended transmitting).

• The requirement to record data link communication messages stated in paragraphs CAT.IDE.A.195, CAT.IDE.H.195, NCC.IDE.A.170, NCC.IDE.H.170, SPO.IDE.A.150 and SPO.IDE.H.150 should be understood as follows: if an aircraft is equipped with data link communication equipment and it is going to use this equipment to replace voice communications during part or the entire flight (when also required to be equipped with a CVR and first issued with an individual CofA on or after the applicability date stated in the relevant paragraph), then it must also have a working data link recording function.  The expression ‘where applicable’ in CAT.IDE.A.195(a) is to indicate that the requirement applies when information enumerated in CAT.IDE.A.195(a)(1) is exchanged or could be exchanged via data link replacing voice during the flight. This is also valid for the expression ‘where applicable’ in CAT.IDE.H.195(a), NCC.IDE.A.170(a), NCC.IDE.H.170(a),  SPO.IDE.A.150(a) and SPO.IDE.H.150(a).
• Examples where this requirement would not apply include but are not limited to:
  • the case where the aircraft is only operated in airspace where no data link communication service is offered and therefore only voice communications are used between the aircraft and ATC;
  • the case where the airborne data link communication equipment is not compatible with the data link services of the airspace where it is operating and therefore, voice remains the means of communication between the aircraft and ATC;
  • the case where the data link communication equipment is disabled permanently and in a way that it cannot be enabled again during the flight and therefore voice remains the means of communication between the aircraft and ATC.

Note:

Commission Regulation No 29/2009 requires aircraft performing IFR flights above Flight Level 285 in the airspace of most EASA Member States to ‘have the capability to operate data link services’ (as defined by this Commission Regulation) by February 2013 or by February 2015, depending on the airspace and the date of manufacture of the aircraft.

The European rules for NCC operations are based on the State of the Operator principle. NCC.GEN.100 specifies the following: “The competent authority shall be the authority designated by the Member State in which the operator has its principal place of business or is residing”. 

What does this mean? Here are some examples:

1. For a European NCC operator with aircraft registered in a Member State, the Competent Authority is the State of Operator.
2. For a European NCC operator with third-country registered aircraft, the Competent Authority is the State of Operator. These operators may also have to comply with rules of the third-country State of Registry if this State has not delegated its responsibilities to the European State of the Operator.
3. For a third-country NCC operator having its principal place of business in a third country and performing operations with aircraft registered in a Member State, the Competent Authority is the State of the Operator (the third country SoO). However, these operators may also have to comply with rules of the EU Member State (State of Registry) related to the aircraft if the State of Registry has not delegated its responsibilities to the State of the Operator.

In accordance with ICAO SARPs (3.4.2.1.2 of ICAO Annex 6 Part II), the State of Registry and State of the Operator shall coordinate their safety and security oversight actions.  

To avoid interferences with the responsibility of a third-country State of Registry for specific approvals, Part-SPA SPA.GEN.100 specifies that the European competent authority shall not issue operational approvals when they are required by Annex 6 and issued by the third-country State of Registry.

There are some differences between European Air Ops rules for NCC and ICAO Annex 6 SARPs. However, none of these differences would result in a lower safety level than intended by ICAO.

The following list describes differences generated by the Basic Regulation (EU) 216/2008 and the European Regulation (EU) 965/2012 on air operations.

Differences generated by the Basic Regulation:

• Aircraft category (difference in drawing the line between complex and non-complex aircraft): some aircraft are considered complex in the European rules, while at ICAO level, they are considered non-complex; European rules exceed ICAO standards.
• Oversight: European rules assign oversight responsibilities to the State of the Operator and not to the State of Registry; European rules achieve the safety target with an alternative method.
• Declaration: the operator requirement to declare itself to the competent authority supports authorities to discharge their responsibilities; European rules exceed ICAO standards.

Differences generated by Regulation (EU) No 965/2012 on air operations:

• List of specific approvals: European rules exceed ICAO standards; ICAO may require this list by November 2018.

The European provisions for the structure of the Operations Manual are specified in AMC2 ORO.MLR.100. The structure is very flexible and – where needed – could be amended through an alternative means of compliance.

It is strongly advised that the operator work with a single Operations Manual, which should address the specified minimum items of the State of the Operator and the State of Registry.

The intent of the declaration is to:

1. have the operator acknowledge its responsibilities under the applicable safety regulations and that it holds all necessary approvals;
2. inform the competent authority of the existence of an NCC or an SPO operator; and
3. enable the competent authority to fulfil its oversight responsibilities in accordance with ARO.GEN.300 and 305.

When the NCC operation is managed by a third party on behalf of the owner, that party may be the operator in the sense of Article 3(h) of the Basic Regulation, and therefore has to declare its capability and means to discharge the responsibilities associated with the operation of the aircraft to the competent authority.

In such a case, it should also be assessed whether the third party operator undertakes a commercial operation in the sense of Article 3(i) of the Basic Regulation.

AMC1 ORO.GEN.200(b) ‘Management system. Size, nature and complexity of the activity’ provides criteria to determine if an operator belongs to the group of complex or non-complex organisations. These criteria are based on the assessment of the size, nature and complexity of the operator’s activity.

The Agency is closely cooperating with competent authorities to provide further guidance to operators on this issue.

The NCO rules do contain a requirement under ORO.GEN.110 for operators to develop and maintain dangerous goods (DG) training programmes that need to be approved by the competent authority.

However, an alleviation for NCO operators has been included in Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission 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.

This alleviation states the following:

‘(k) Notwithstanding (j), the operator of a sailplane or a balloon or of flights taking off and landing at the same aerodrome or operating site, under VFR by day, with

1. single-engined propeller-driven aeroplanes having a maximum certified take-off mass of 5 700 kg or less and a MOPSC of 5 or less; or
2. other than complex motor-powered helicopters, single-engined, with a MOPSC of 5 or less,

shall ensure that the flight crew has received an appropriate training or briefing to enable them to recognise undeclared dangerous goods brought on-board by passengers or as cargo.’.

The EASA Committee in June 2016 further agreed to amend the text to say:

(k) Notwithstanding (j), operators of the following aircraft, shall ensure that the flight crew has received an appropriate dangerous goods training or briefing, to enable them to recognise undeclared dangerous goods brought on-board by passengers or as cargo:

1. a sailplane; 
2. a balloon; or
3. a commercial flight taking off and landing at the same aerodrome or operating site, under VFR by day, with
   
   1. a single-engined propeller-driven aeroplanes having a maximum certified take-off mass of 5 700 kg or less and a MOPSC of 5 or less; or
   2. an other-than complex motor-powered helicopters, single-engined, with a MOPSC of 5 or less.

However, this amendment does not change the content.

Therefore, whereas being alleviated from the requirement of ORO.GEN.110 (j), the above mentioned operators will have to ensure that the flight crew have received an appropriate dangerous goods training or briefing, to enable them to recognise undeclared dangerous goods brought on board by passengers or as cargo.

The standards and recommended practices (SARPs) of ICAO Annex 6, Part II are based on the State of Registry (SoR) principle.

The European rules for NCC operations are based on the State of the Operator (SoO) principle.

This does not constitute a contradiction to the Chicago Convention but rather establishes a complementary safety instrument, particularly when a European operator uses third-country registered aircraft.

The SoR is responsible for the oversight of the aircraft in its registry. The EU SoO is responsible for the oversight of operators having their principal place of business in an EU Member State. Although the EU SoO is the competent authority for the operators having their principal place of business in an EU Member State, the EU SoO and the foreign SoR should cooperate in order to ensure proper oversight of these operators, in compliance with the ICAO requirements.

When the SoR and the SoO are both EU Member States, they oversee the aircraft, as well as the organisations and personnel involved in their operation in a complementary manner and according to the same rules. The European regulatory framework permits both the SoR and the SoO to duly exercise their respective oversight responsibilities and to take the appropriate enforcement actions. Oversight and enforcement are therefore ensured at all times, irrespective of the EU Member State in which the aircraft is registered or where the operations take place. It is at all times legally clear which EU Member State is responsible for each aspect of the safety oversight of any aircraft registered in an EU Member State and operated by an operator having its principal place of business in an EU Member State acting as SoO.

European Implementing rules for continuing airworthiness (EU) 2014/1321 do not apply to European NCC operators for third-country registered aircraft unless the regulatory oversight has been delegated to an EU Member State.

In particular, tasks related to the continuing airworthiness management do not need to be implemented by a CAMO in the sense of Regulation (EU) No 1321/2014. However, an organisation for the continuing airworthiness management is mandatory in accordance with point 8 (g) of Annex IV of the Regulation (EC) 216/2008.

In short, European NCC operators of third-country registered aircraft need to ensure that an organisation is managing the continuing airworthiness of their aircraft and that this organisation is able to demonstrate that the aircraft comply with the continuing airworthiness requirements contained in Appendix IV of Regulation 216/2008. This organisation does not need to be a CAMO; it can be the operator itself or any other organisation or natural person under the responsibility of the operator.

ORO.GEN.110 establishes that operators need to develop and maintain dangerous goods (DG) training programmes that need to be approved by the competent authority. This will be also applicable to NCC and SPO operators not intending to carry DG once the NCC and SPO requirements enter into force.

However, the EASA Committee approved, in June 2016, an amendment to ORO.GEN.110 (j) to say the following:

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

Therefore, once this new paragraph enters into force, only the operators mentioned above shall be the required by ORO.GEN.110 (j) to have their dangerous goods programmes reviewed and approved by the competent authority.

The rules concerning non-commercial operations are developed separately for complex motor-powered aircraft (MPA) and other-than-complex MPA because it does not make sense to have the same requirements apply to operations with an Airbus 320 for example and a Cessna 172. This way, the principle of proportionality of rules is preserved.

An ATO is required to comply with Part ORA of Regulation (EU) No 1178/2011 and either Part-NCC or Part-NCO of Regulation (EU) No 965/2012, depending on the aircraft being operated. Part-ORO is not applicable to ATOs.

NCC stands for non-commercial operations with complex motor-powered aircraft. The term ‘complex motor-powered aircraft’ is defined in the Article 3 of Regulation (EC) No 216/2008 (the ‘Basic Regulation’).

The following Annexes contain applicable rules for NCC operations:

• Annex I – Definitions
• Annex II – Part-ARO
• Annex III – Part-ORO
• Annex V – Part-SPA
• Annex VI – Part-NCC.

Yes, this is permitted.

European pilots or pilots flying for a European operator will have to hold a European licence irrespective of whether the aircraft is EU registered or registered in a third country. 

It should be noted that European NCC pilots are entitled to fly with foreign licences in non-commercial operations until 8 April 2016.

Appendix V of the Authority Requirements (Part-ARO) contains a list of specific approvals for non-commercial operations and specialised operations. This list replicates in a proportionate manner the OpSpecs template for CAT operations.

The reasons for this list are to standardise the documentation of specific approvals for non-commercial operators and to support ramp inspectors in their oversight activities.

The European rule recognises the compliance with European industry standards.

The declaration form specified in the Organisation Requirements (Part-ORO, Appendix 1) requires operators to declare if they conform to an industry standard. Any compliance with a recognised European industry standard should be taken into account by the competent authority when planning and implementing their risk-based oversight activities. The competent authority may adapt its oversight programme, in order to avoid duplication of specific audit items.

This is further described in AMC1 ARO.GEN.305(b);(d);(d1) ‘Oversight programme’ and AMC1 ARO.GEN.305(b);(c);(d);(d1) ‘Oversight programme’.