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Commission Regulation (EU) No 965/2012Show full title

Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council

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  • Annex 5 point SPA.HEMS.105 inserted by S.I. 2022/1235 reg. 8(2)(a)
  • Annex 5 point SPA.HEMS.110 substituted by S.I. 2022/1235 reg. 8(2)(b)
  • Annex 5 point SPA.HEMS.130(e)(2)(ii) words inserted by S.I. 2022/1235 reg. 8(2)(c)
  • Annex 2 Appendix 4 symbol omitted by S.I. 2019/645 reg. 357(5)(a) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 1 word substituted by S.I. 2019/645 reg. 357(2)(c) (This amendment not applied to legislation.gov.uk. Reg. 357(2) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 3 word substituted by S.I. 2019/645 reg. 357(4)(a) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 4 word substituted by S.I. 2019/645 reg. 357(5)(d) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 4 word substituted by S.I. 2019/645 reg. 357(5)(e) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 5 word substituted by S.I. 2019/645 reg. 357(6)(b) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 6 word substituted by S.I. 2019/645 reg. 357(7)(d) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 1 words omitted by S.I. 2019/645 reg. 357(2)(b) (This amendment not applied to legislation.gov.uk. Reg. 357(2) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 3 words omitted by S.I. 2019/645 reg. 357(4)(b) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 6 words omitted by S.I. 2019/645 reg. 357(7)(c) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 1 words substituted by S.I. 2019/645 reg. 357(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 357(2) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 1 words substituted by S.I. 2019/645 reg. 357(2)(d) (This amendment not applied to legislation.gov.uk. Reg. 357(2) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 2 words substituted by S.I. 2019/645 reg. 357(3)(c) (This amendment not applied to legislation.gov.uk. Reg. 357(3)(c) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 3 words substituted by S.I. 2019/645 reg. 357(4)(c) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 4 words substituted by S.I. 2019/645 reg. 357(5)(b) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 4 words substituted by S.I. 2019/645 reg. 357(5)(c) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 4 words substituted by S.I. 2019/645 reg. 357(5)(f) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 5 words substituted by S.I. 2019/645 reg. 357(6)(a) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 5 words substituted by S.I. 2019/645 reg. 357(6)(c) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 6 words substituted by S.I. 2019/645 reg. 357(7)(a) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 2 Appendix 6 words substituted by S.I. 2019/645 reg. 357(7)(b) (This amendment not applied to legislation.gov.uk. Reg. 357(4)-(7) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 43)
  • Annex 3 point ORO.AOC.125(a) word substituted by S.I. 2019/645 reg. 360(6) (This amendment not applied to legislation.gov.uk. Reg. 360(6) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 44)
  • Annex 3 Appendix 1 words substituted by S.I. 2019/645 reg. 365(a) (This amendment not applied to legislation.gov.uk. Reg. 365(a) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 45(a))
  • Art. 10(5)(a) omitted by S.I. 2019/645 reg. 349(5)(a) (This amendment not applied to legislation.gov.uk. Reg. 349 omitted immediately before IP completion day by virtue of S.I. 2019/1098, regs. 1(3), 9)
  • Art. 10(5)(b) words substituted by S.I. 2019/645 reg. 349(5)(b)(i) (This amendment not applied to legislation.gov.uk. Reg. 349 omitted immediately before IP completion day by virtue of S.I. 2019/1098, regs. 1(3), 9)
  • Art. 10(5)(b) words substituted by S.I. 2019/645 reg. 349(5)(b)(ii) (This amendment not applied to legislation.gov.uk. Reg. 349 omitted immediately before IP completion day by virtue of S.I. 2019/1098, regs. 1(3), 9)
  • Art. 10(6)(a) word substituted by S.I. 2019/645 reg. 349(6)(a) (This amendment not applied to legislation.gov.uk. Reg. 349 omitted immediately before IP completion day by virtue of S.I. 2019/1098, regs. 1(3), 9)
  • Art. 10(6)(c) words substituted by S.I. 2019/645 reg. 349(6)(b) (This amendment not applied to legislation.gov.uk. Reg. 349 omitted immediately before IP completion day by virtue of S.I. 2019/1098, regs. 1(3), 9)
  • Art. 10(6)(d) words substituted by S.I. 2019/645 reg. 349(6)(b) (This amendment not applied to legislation.gov.uk. Reg. 349 omitted immediately before IP completion day by virtue of S.I. 2019/1098, regs. 1(3), 9)

SECTION IU.K.General

F1ORO.GEN.105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

ORO.GEN.110Operator responsibilitiesU.K.
[F2(a) The operator is responsible for the operation of the aircraft in accordance with Annex IV to Regulation (EC) No 216/2008, as applicable, the relevant requirements of this Annex and its air operator certificate (AOC) or specialised operation authorisation (SPO authorisation) or declaration.] U.K.

Textual Amendments

(b)Every flight shall be conducted in accordance with the provisions of the operations manual.U.K.
(c)The operator shall establish and maintain a system for exercising operational control over any flight operated under the terms of its certificate[F3, SPO authorisation] [F4or declaration.] U.K.

Textual Amendments

(d)The operator shall ensure that its aircraft are equipped and its crews are qualified as required for the area and type of operation.U.K.
(e)The operator shall ensure that all personnel assigned to, or directly involved in, ground and flight operations are properly instructed, have demonstrated their abilities in their particular duties and are aware of their responsibilities and the relationship of such duties to the operation as a whole.U.K.
[F5(f) The operator shall establish procedures and instructions for the safe operation of each aircraft type, containing ground staff and crew member duties and responsibilities, for all types of operation on the ground and in flight. Those procedures and instructions shall not require crew members to perform any activities during critical phases of flight other than those required for the safe operation of the aircraft. Procedures and instructions for a sterile flight crew compartment shall also be included.] U.K.

Textual Amendments

(g)The operator shall ensure that all personnel are made aware that they shall comply with the laws, regulations and procedures of those States in which operations are conducted and that are pertinent to the performance of their duties.U.K.
[F6(h) The operator shall establish a checklist for each aircraft type to be used by crew members in all phases of flight under normal, abnormal and emergency conditions in order to ensure that the operating procedures in the operations manual are followed. The design and the usage of checklists shall observe human factors principles and take into account the latest relevant documentation from the design approval holder.] U.K.

Textual Amendments

(i)The operator shall specify flight planning procedures to provide for the safe conduct of the flight based on considerations of aircraft performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes or operating sites concerned. These procedures shall be included in the operations manual.U.K.
[F7(j) The operator shall establish and maintain dangerous goods training programmes for personnel as required by the technical instructions. Such training programmes shall be commensurate with the responsibilities of personnel. Training programmes of operators performing CAT, whether they transport dangerous goods or not, and of operators conducting operations other than CAT referred to in points (b), (c) and (d) of point ORO.GEN.005 that transport dangerous goods shall be subject to review and approval by the [F8CAA]. U.K.

Textual Amendments

F8Word in Annex 3 point ORO.GEN.110(j) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

[F9(k) Notwithstanding point (j), operators conducting commercial operations with either of the following aircraft shall ensure that the flight crew has received an appropriate dangerous goods training or briefing, to enable them to recognise undeclared dangerous goods brought on board by passengers or as cargo: U.K.
(1)

a single-engined propeller-driven aeroplane having an MCTOM of 5 700 kg or less and an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day;

(2)

an other-than-complex motor-powered helicopter, single-engined, with an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day.]]

Textual Amendments

ORO.GEN.115 [F2Application for an AOC] U.K.
(a)The application for an[F3air] operator certificate or an amendment to an existing certificate shall be made in a form and manner established by the [F10CAA], taking into account the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules.U.K.

Textual Amendments

(b)Applicants for an initial certificate shall provide the [F10CAA] with documentation demonstrating how they will comply with the requirements established in Regulation (EC) No 216/2008 and its Implementing Rules. Such documentation shall include a procedure describing how changes not requiring prior approval will be managed and notified to the [F10CAA].U.K.
ORO.GEN.120Means of complianceU.K.
(a)Alternative means of compliance to those adopted by the [F11CAA] may be used by an operator to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.U.K.

Textual Amendments

(b)When an operator subject to certification wishes to use an alternative means of compliance to the acceptable means of compliance (AMC) adopted by the [F12CAA] to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules, it shall, prior to implementing it, provide the [F13CAA] with a full description of the alternative means of compliance. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.U.K.

The operator may implement these alternative means of compliance subject to prior approval by the [F13CAA] and upon receipt of the notification as prescribed in ARO.GEN.120(d).

Textual Amendments

[F4(c) An operator required to declare its activity shall notify to the [F14CAA] the list of alternative means of compliance it uses to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.] U.K.

Textual Amendments

[F3(d) When an operator subject to SPO authorisation wishes to use alternative means of compliance, it shall comply with (b) whenever such alternative means of compliance affects the standard operating procedures that are part of the authorisation and with (c) for the declared part of its organisation and operation.] U.K.
ORO.GEN.125 [F2Terms of approval and privileges of an AOC holder] U.K.

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

ORO.GEN.130 [F2Changes related to an AOC holder] U.K.
(a)Any change affecting:U.K.
(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 [F15CAA].

Textual Amendments

(b)For any changes requiring prior approval in accordance with Regulation (EC) No 216/2008 and its Implementing Rules, the operator shall apply for and obtain an approval issued by the [F15CAA]. The application shall be submitted before any such change takes place, in order to enable the [F15CAA] to determine continued compliance with Regulation (EC) No 216/2008 and its Implementing Rules and to amend, if necessary, the operator certificate and related terms of approval attached to it.U.K.

The operator shall provide the [F15CAA] with any relevant documentation.

The change shall only be implemented upon receipt of formal approval by the [F15CAA] in accordance with ARO.GEN.330.

The operator shall operate under the conditions prescribed by the [F15CAA] during such changes, as applicable.

(c)All changes not requiring prior approval shall be managed and notified to the [F15CAA] as defined in the procedure approved by the [F15CAA] in accordance with ARO.GEN.310(c).U.K.
ORO.GEN.135 [F2Continued validity of an AOC] U.K.
[F6(a) The operator's certificate shall remain valid subject to all of the following: U.K.
(1)

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

(2)

the [F16CAA] being granted access to the operator as defined in point ORO.GEN.140 of this Annex to determine continued compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts;

(3)

the certificate not being surrendered or revoked.]

Textual Amendments

(b)Upon revocation or surrender the certificate shall be returned to the [F16CAA] without delay.U.K.
ORO.GEN.140AccessU.K.
[F6(a) For the purpose of determining compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, the operator shall grant access at any time to any facility, aircraft, document, records, data, procedures or any other material relevant to its activity subject to certification, SPO authorisation or declaration, whether it is contracted or not, to any person authorised by [F17the CAA]: U.K.
(1)

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F18Annex 3 point ORO.GEN.140(a)(1)(2) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(8)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

(b)Access to the aircraft mentioned under (a) shall [F3, in the case of CAT,] include the possibility to enter and remain in the aircraft during flight operations unless otherwise decided by the commander for the flight crew compartment in accordance with CAT.GEN.MPA.135 in the interest of safety.U.K.
ORO.GEN.150FindingsU.K.

After receipt of notification of findings, the operator shall:

(a)

identify the root cause of the non-compliance;

(b)

define a corrective action plan; and

(c)

demonstrate corrective action implementation to the satisfaction of the [F19CAA] within a period agreed with [F20the CAA] as defined in ARO.GEN.350(d).

Textual Amendments

ORO.GEN.155Immediate reaction to a safety problemU.K.

The operator shall implement:

(a)

any safety measures mandated by the [F21CAA] in accordance with ARO.GEN.135(c)F22...

(b)

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Word in Annex 3 point ORO.GEN.155(a) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(10)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

ORO.GEN.160Occurrence reportingU.K.
[F6(a) The operator shall report to the [F24CAA], and to any other organisation required to be informed by the State of the operator, any accident, serious incident and occurrence as defined in Regulation (EU) No 996/2010 of the European Parliament and of the Council (1) and Regulation (EU) No 376/2014.] U.K.

Textual Amendments

[F25(b) Without prejudice to point (a) the operator shall report to the [F24CAA] and to the organisation responsible for the design of the aircraft any incident, malfunction, technical defect, exceeding of technical limitations or occurrence that would highlight inaccurate, incomplete or ambiguous information contained in the operational suitability data established in accordance with Regulation (EU) No 748/2012 or other irregular circumstance that has or may have endangered the safe operation of the aircraft and that has not resulted in an accident or serious incident.] U.K.

Textual Amendments

[F6(c) Without prejudice to Regulation (EU) No 996/2010 and Regulation (EU) No 376/2014, the reports referred in points (a) and (b) shall be made in a form and manner established by the [F24CAA] and shall contain all pertinent information about the conditions known to the operator.] U.K.
(d)Reports shall be made as soon as practicable, but in any case within 72 hours of the operator identifying the condition to which the report relates, unless exceptional circumstances prevent this.U.K.
(e)Where relevant, the operator shall produce a follow-up report to provide details of actions it intends to take to prevent similar occurrences in the future, as soon as these actions have been identified. This report shall be produced in a form and manner established by the [F24CAA].U.K.
(1)

[F6Regulation (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 ).]

Textual Amendments

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