Commission Regulation (EU) 2018/395Dangos y teitl llawn

SUBPART ADD ADDITIONAL REQUIREMENTS FOR COMMERCIAL OPERATIONS U.K.

Section 1 U.K. General organisation requirements

BOP.ADD.001 Scope U.K.

In accordance with Article 3, this Subpart establishes the requirements to be met, in addition to the requirements of Subpart BAS, by any operator engaged in commercial operations with balloons, other than the operators referred to in the last subparagraph Article 3(2).

BOP.ADD.005 Responsibilities of the operator U.K.

(a)

[F1 The operator shall be responsible for the operation of the balloon in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139, with the requirements of this Subpart and with its declaration.]

(b)

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

(c)

The operator shall ensure that the balloon is equipped and all crew members are qualified as required for the area and type of operation.

(d)

The operator shall ensure that all crew members assigned to, or directly involved in, flight operations comply with all of the following conditions:

(1)

they are properly trained and instructed;

(2)

they are aware of the rules and procedures relevant to their particular duties;

(3)

they have demonstrated their abilities in their particular duties;

(4)

they are aware of their responsibilities and the relationship of such duties to the operation of the balloon as a whole.

(e)

The operator shall establish procedures and instructions for the safe operation of each balloon type, containing duties and responsibilities of the crew members, for all types of operations. Those procedures and instructions shall not require crew members to perform any activity during critical phases of flight other than those required for the safe operation of the balloon.

(f)

The operator shall make arrangements for the supervision of crew members and personnel involved in the operation of the balloon by individuals with adequate experience and skills in order to ensure the attainment of the standards specified in the operations manual.

(g)

The operator shall ensure that all crew members and personnel involved in the operation of the balloon are made aware that they are to comply with the laws, regulations and procedures of the States in which operations are conducted that are pertinent to the performance of their duties.

(h)

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

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2020/357 of 4 March 2020 amending Regulation (EU) 2018/395 as regards balloon pilot licences (Text with EEA relevance).

BOP.ADD.010 Notification of alternative means of compliance U.K.

The operator shall, when making the declaration in accordance with point BOP.ADD.100, notify to the [F2 CAA] the list of alternative means of compliance (AltMoC), where it intends to use AltMoC to demonstrate compliance when so requested in accordance with point BOP.BAS.010. That list shall contain references to the acceptable means of compliance (AMC) which they replace in case associated AMC have been adopted by the [F3 CAA].

Textual Amendments

F2 Word in Annex 2 point BOP.ADD.010 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(5); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Annex 2 point BOP.ADD.010 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(6); 2020 c. 1, Sch. 5 para. 1(1)

BOP.ADD.015 Access U.K.

(a)

[F1 For the purpose of determining compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation, the operator shall grant access to any person authorised by the [F4 CAA] at any time to any facility, balloon, document, records, data, procedures or any other material relevant to the operator’s activity that falls within the scope of this Regulation, irrespective of whether or not the activity is contracted.]

(b)

Access to the balloon shall, in the case of commercial passenger ballooning, include the possibility to enter and remain in the balloon during flight operations, unless to do so would endanger the flight.

Textual Amendments

F4 Word in Annex 2 point BOP.ADD.015 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(7); 2020 c. 1, Sch. 5 para. 1(1)

BOP.ADD.020 Findings U.K.

After receipt of the notification of findings raised by the [F5 CAA] in accordance with points ARO.GEN.350, ARO.GEN.355 and ARO.GEN.360 of Annex II to Regulation (EU) No 965/2012, the operator shall do all of the following:

Textual Amendments

F5 Word in Annex 2 point BOP.ADD.020 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(7); 2020 c. 1, Sch. 5 para. 1(1)

(a)

identify the root cause of the non-compliance;

(b)

define a corrective action plan;

(c)

demonstrate implementation of the corrective action plan to the satisfaction of the [F5 CAA] within the time period specified by that authority in accordance with point ARO.GEN.350 of Annex II to Regulation (EU) No 965/2012.

BOP.ADD.025 Occurrence reporting U.K.

(a)

The operator shall implement, as part of its management system, an occurrence reporting scheme which is to provide for mandatory and voluntary reporting in accordance with Regulation (EU) No 376/2014 of the European Parliament and of the Council(1).

(b)

Without prejudice to point (a), the operator shall report to the [F6 CAA] and to the organisation responsible for the design of the balloon any malfunction, technical defect, exceeding of technical limitations or occurrence that would highlight inaccurate, incomplete or ambiguous information contained in data established in accordance with Annex I to Regulation (EU) No 748/2012 and any other occurrence which constitutes an incident but not an accident or serious incident.

(c)

The operator shall take the necessary measures to ensure compliance with Article 9 of Regulation (EU) No 996/2010 of the European Parliament and of the Council(2) by the pilot-in-command, any other crew member and all its personnel in respect of any serious incident or accident associated with the operation of a balloon.

Textual Amendments

F6 Word in Annex 2 point BOP.ADD.025 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(7); 2020 c. 1, Sch. 5 para. 1(1)

BOP.ADD.030 Management system U.K.

(a)

The operator shall establish, implement and maintain a management system that includes all of the following:

(1)

clearly defined lines of responsibility and accountability throughout the organisation of the operator, including a direct safety accountability of the accountable manager;

(2)

a description of the overall philosophies and principles of the operator with regard to safety, which shall be known as the safety policy;

(3)

the identification of aviation safety hazards entailed by the activities of the operator, the evaluation of those hazards and the management of associated risks, including by taking actions to mitigate those risks where necessary and verifying the effectiveness of those actions;

(4)

maintaining personnel trained and competent to perform their tasks;

(5)

documentation of all key processes of the management system, including a process for making personnel aware of their responsibilities and the procedure for amending that documentation;

(6)

a function to monitor compliance of the operator with the requirements of this Annex. Such compliance monitoring shall include a feedback system of findings to the accountable manager of the operator to ensure effective implementation of corrective actions as necessary;

(7)

the processes necessary to ensure compliance with the requirements of Articles 4, 5, 6 and 13 of Regulation (EU) No 376/2014.

(b)

The management system shall correspond to the size of the operator and the nature and complexity of its activities, taking into account the hazards and associated risks of those activities.

[F1 BOP.ADD.035 Contracted activities U.K.

When contracting any part of its activity that falls within the scope of this Regulation, the operator shall be responsible for ensuring that the contracted organisation carries out the activity in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation. The operator shall also ensure that the [F7 CAA] is given access to the contracted organisation in order to determine that the operator complies with those requirements.]

Textual Amendments

F7 Word in Annex 2 point BOP.ADD.035 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(7); 2020 c. 1, Sch. 5 para. 1(1)

BOP.ADD.040 Personnel requirements U.K.

(a)

[F1 The operator shall appoint an accountable manager who has the authority to ensure that all activities that fall within the scope of this Regulation can be financed and carried out in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation. The accountable manager shall be responsible for establishing and maintaining an effective management system.]

(b)

The operator shall:

(1)

identify the responsibilities of its personnel for all tasks and activities to be performed;

(2)

have sufficient qualified personnel to carry out those tasks and activities; and

(3)

maintain appropriate experience, qualification and training records of its personnel.

(c)

The operator shall nominate one or more persons responsible for the management and supervision of all of the following areas:

(1)

flight operations;

(2)

ground operations;

(3)

continuing airworthiness, in accordance with Regulation (EU) No 1321/2014.

[F1 BOP.ADD.045 Facility requirements U.K.

The operator shall have facilities that are sufficient to allow the performance and management of all tasks and activities required to ensure compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.]

Section 2 U.K. Declaration, airworthiness and wet and dry lease

BOP.ADD.100 Declaration U.K.

(a)

[F1 In the declaration referred to in the second subparagraph of Article 3(2), the operator shall confirm that it complies and will continue to comply with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.]

(b)

The operator shall include in the declaration all of the following information:

(1)

the name of the operator;

(2)

the place where the operator has its principal place of business;

(3)

the name and contact details of the accountable manager of the operator;

(4)

the starting date of the commercial operation and, where relevant, the date at which the change to an existing commercial operation takes effect;

(5)

in respect of all balloons used for the commercial operation, the balloon type, registration, main base, type of operation and continuing airworthiness management organisation.

(c)

Where applicable, the operator shall annex to the declaration the list of alternative means of compliance (AltMoC), in accordance with point BOP.ADD.010.

(d)

When making the declaration, the operator shall use the form contained in the Appendix to this Annex.

BOP.ADD.105 Changes to the declaration and cessation of commercial operations U.K.

(a)

[F1 The operator shall notify the [F8 CAA] without delay of any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation, as declared to the [F8 CAA], and of any changes in respect of the information referred to in point BOP.ADD.100(b) and the list of AltMoCs referred to in point BOP.ADD.100(c), as included in or annexed to the declaration.]

(b)

The operator shall notify the [F8 CAA] without delay when it is no longer engaged in commercial operations with balloons.

Textual Amendments

F8 Word in Annex 2 point BOP.ADD.105 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(7); 2020 c. 1, Sch. 5 para. 1(1)

BOP.ADD.110 Airworthiness requirements U.K.

Balloons shall have a certificate of airworthiness issued in accordance with Regulation (EU) No 748/2012 or, in the case of a balloon registered in a third country, shall be subject to either a wet lease agreement or a dry lease agreement in accordance with point BOP.ADD.115.

BOP.ADD.115 Wet lease and dry lease of a balloon registered in a third country U.K.

(a)

The operator shall notify to the [F9 CAA] any wet lease agreement or dry lease agreement concerning a balloon registered in a third country

(b)

Where a balloon registered in a third country is subject to a wet lease agreement, the operator shall ensure that the level of safety resulting from the application of the safety standards with regard to continuing airworthiness and air operations to which the third country operator of the balloon is subject, is at least equivalent to that resulting from the application of the requirements of Annex I to Regulation (EU) No 1321/2014 and of this Regulation.

(c)

[F1 Where a balloon registered in a third country is subject to a dry lease agreement, the operator of such balloon shall ensure compliance with the essential requirements relating to continuing airworthiness set out in Annexes II and V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.]

Textual Amendments

F9 Word in Annex 2 point BOP.ADD.115 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(7); 2020 c. 1, Sch. 5 para. 1(1)

Section 3 U.K. Manuals and records

BOP.ADD.200 Operations manual U.K.

(a)

The operator shall establish an operations manual.

(b)

The content of the operations manual shall reflect the requirements set out in this Annex and shall not contravene any information contained in the operator's declaration.

(c)

The operations manual may be established as separate parts.

(d)

All personnel of the operator shall have easy access to the portions of the operations manual that are relevant to their duties.

(e)

The operations manual shall be kept up-to-date. All personnel of the operator shall be made aware of any amendment of the operations manual that are relevant to the performance of their duties.

(f)

The operator shall ensure that any information used as the basis for the content of the operations manual and any amendment thereof is correctly reflected in the operations manual.

(g)

The operator shall ensure that all personnel are able to understand the language in which those parts of the operations manual which are relevant to their duties are written. The content of the operations manual shall be presented in a form that can be used without difficulty.

BOP.ADD.205 Record-keeping U.K.

(a)

The operator shall establish a system of record-keeping that allows adequate storage and reliable traceability of its activities.

(b)

The format of the records shall be specified in the operator's procedures or manuals.

Section 4 U.K. Flight crew

BOP.ADD.300 Composition of flight crew U.K.

(a)

The composition of the flight crew shall be, as a minimum, as specified in the AFM or operating limitations prescribed for the balloon.

(b)

The flight crew shall include additional flight crew members when required by the type of operation. The number of the flight crew shall not be lower than the number specified in the operations manual.

(c)

[F1 All flight crew members shall hold a licence and ratings issued or accepted in accordance with Annex III to this Regulation and shall be appropriate to the duties assigned to them.]

(d)

Flight crew members may be relieved during the flight of their duties at the controls by another suitably qualified flight crew member.

(e)

[F1 When engaging the services of flight crew members who work on a freelance or part-time basis, the operator shall verify that all of the following requirements are complied with:

(1)

the requirements of this Subpart;

(2)

Annex III to this Regulation, including the requirements on recent experience;

(3)

the flight and duty time limitations and rest requirements in accordance with [F10 any relevant enactment], taking into account all services rendered by the flight crew member to other operators.]

Textual Amendments

F10 Words in Annex 2 point BOP.ADD.300 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(8); 2020 c. 1, Sch. 5 para. 1(1)

BOP.ADD.305 Designation as pilot-in-command U.K.

(a)

The operator shall designate one pilot amongst the flight crew as pilot-in-command.

(b)

[F1 The operator shall only designate a pilot to act as pilot-in-command if he or she:

(1)

is qualified to act as pilot-in-command in accordance with Annex III to this Regulation;

(2)

has the minimum level of experience specified in the operations manual; and

(3)

has adequate knowledge of the area to be flown.]

[F1 BOP.ADD.310 Provision of training and checking U.K.

All training and checking of flight crew members required pursuant to point BOP.ADD.315 shall be provided as follows:

(a)

in accordance with the training programmes and syllabi established by the operator in the operations manual;

(b)

by appropriately qualified persons and, as regards flight training and checking, by persons qualified in accordance with Annex III to this Regulation.]

BOP.ADD.315 Recurrent training and checking U.K.

(a)

Each flight crew member shall complete every 2 years recurrent flight and ground training relevant to the class of balloon on which he or she operates, including training on the location and use of all emergency and safety equipment carried.

(b)

Each flight crew member shall complete operator proficiency checks to demonstrate his or her competence in carrying out normal, abnormal and emergency procedures, covering the relevant aspects associated with the specialised tasks described in the operations manual. When carrying out those checks, due account shall be taken of crew members who undertake operations under VFR at night.

(c)

The operator proficiency check shall be valid for 24 calendar months, counting from the end of the month during which the check was carried out or, in case the check is carried out within the last 3 months of the validity period of the previous check, from the last day of the validity period of that previous check.

Section 5 U.K. General operating requirements

BOP.ADD.400 Responsibilities of the pilot-in-command U.K.

The pilot-in-command shall comply with both of the following:

(a)

the relevant requirements of the operator's occurrence reporting scheme referred to in point BOP.ADD.025;

(b)

all flight and duty time limitations and rest requirements applicable to his or her activities in accordance with [F11 any relevant enactment].

Textual Amendments

F11 Words in Annex 2 point BOP.ADD.400 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(9); 2020 c. 1, Sch. 5 para. 1(1)

BOP.ADD.405 Authority of the pilot-in-command U.K.

Notwithstanding point BOP.BAS.035, the operator shall take all reasonable measures to ensure that all persons carried in the balloon obey all lawful commands given by the pilot-in-command for the purpose of ensuring the safety of the balloon, of any person or property carried therein or of any person or property on the ground.

BOP.ADD.410 Additional balloon crew member U.K.

When a balloon carries more than 19 passengers, at least one additional crew member shall be present on board the balloon in addition to the flight crew as required pursuant to points (a) and (b) of point BOP.ADD.300 to assist passengers in the event of an emergency. That additional crew member shall be appropriately experienced and trained.

BOP.ADD.415 Fitness relating to deep water diving and blood donation U.K.

Crew members shall not perform any duties on the balloon where their fitness might be impaired after deep water diving or following blood donation.

BOP.ADD.420 Common language U.K.

The operator shall ensure that all crew members can communicate with each other in a common language.

BOP.ADD.425 Psychoactive substances U.K.

The operator shall take all reasonable measures to ensure that no person enters or is in a balloon when under the influence of psychoactive substances to the extent that the safety of the balloon, of any person or property carried therein or of any person or property on the ground is likely to be endangered by the presence of that person.

BOP.ADD.430 Endangering U.K.

The operator shall take all reasonable measures to ensure that no person, intentionally, recklessly or negligently, acts or omits to act with one of the following consequences:

(a)

endanger a balloon or person therein or on the ground;

(b)

cause or permit a balloon to endanger any person or property.

BOP.ADD.435 Documents, manuals and information to be carried U.K.

(a)

All of the following documents, manuals and information shall be carried on each flight as originals or copies:

(1)

the declaration made by the operator;

(2)

information concerning search and rescue services for the area of the intended flight;

(3)

the operational flight plan.

(b)

All of the following documents, manuals and information shall be stowed at a safe place, not on board the balloon during a flight, as originals:

(1)

the documents, manuals and information referred to in point (a), when copies thereof are carried on board the balloon during a flight;

(2)

the current parts of the operations manual or the standard operating procedures (SOPs) that are relevant to the duties of crew members, which shall be easily accessible to them;

(3)

passenger lists, when passengers are carried;

(4)

the mass documentation referred to in point (c) of point BOP.ADD.600.

(c)

When requested by the [F12 CAA], the pilot-in-command or the operator shall make available to that authority the original documents, manuals and information within the time period specified by the authority which shall not be less than 24 hours.

Textual Amendments

F12 Word in Annex 2 point BOP.ADD.435 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(10); 2020 c. 1, Sch. 5 para. 1(1)

BOP.ADD.440 Dangerous goods U.K.

The operator shall:

(a)

establish procedures to ensure that all reasonable measures are taken to prevent dangerous goods from being carried on board the balloon inadvertently; and

(b)

provide crew members with the necessary information enabling them to adequately carry out their duties in respect of any dangerous goods carried or intended to be carried on board the balloon.

Section 6 U.K. Operating procedures

BOP.ADD.500 Fuel or ballast calculations U.K.

The operator shall ensure that the calculations as regards reserve fuel or ballast are documented in an operational flight plan.

BOP.ADD.505 Carriage of special categories of passengers U.K.

The operator shall establish procedures for carrying persons requiring special conditions, assistance or devices when carried on board a balloon under conditions that ensure the safety of the balloon and of any person or property carried therein.

BOP.ADD.510 Commercial balloon specialised operations — Standard operating procedures U.K.

Notwithstanding point BOP.BAS.190:

(a)

Before commencing a commercial balloon specialised operation, the operator shall conduct a risk assessment, assessing the complexity of the intended operation in order to determine the hazards and associated risks of the operation and to establish mitigating measures where necessary.

(b)

Based on the risk assessment, the operator shall, before commencing the commercial balloon specialised operation, establish standard operating procedures (SOPs) appropriate to the intended operation and the balloon used. The SOPs shall either be part of the operations manual or be laid down in a separate document. The operator shall regularly review and update the SOPs where necessary in order to adequately take account of the risk assessment.

(c)

The operator shall ensure that commercial balloon specialised operations are performed in accordance with the SOPs.

Section 7 U.K. Performance and operating limitations

BOP.ADD.600 System for determining the mass U.K.

(a)

The operator shall establish a system specifying how all of the following items are accurately determined for each flight, so as to enable the pilot-in-command to verify that the limitations of the AFM are complied with:

(1)

balloon empty mass;

(2)

mass of the traffic load;

(3)

mass of the fuel or ballast load;

(4)

take-off mass;

(5)

loading of the balloon performed under the supervision of the pilot-in-command or qualified personnel;

(6)

preparation and disposition of all documentation.

(b)

The mass computation based on electronic calculations shall be replicable by the pilot-in-command.

(c)

The mass documentation, specifying the items listed in point (a), shall be prepared prior to each flight and documented in an operational flight plan.

(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).

(2)

Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, p. 35).