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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)

[F1 SUBPART A GENERAL REQUIREMENTS U.K.

F2 NCO.GEN.100

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

NCO.GEN.101 Means of compliance U.K.

Alternative means of compliance to those adopted by the [F3CAA] may be used by an operator to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.

Textual Amendments

F4NCO.GEN.102Touring motor gliders and powered sailplanesU.K.

F4(a)Touring motor gliders shall be operated following the requirements for:U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

[F5NCO.GEN.103 Introductory flights U.K.

[F6Introductory flights referred to in Article 6(4a)(c) of this Regulation, when conducted in accordance with this Annex, shall:

Textual Amendments

(a)

[F7start and end at the same aerodrome or operating site;]

(b)

be operated under VFR by day;

(c)

be overseen by a nominated person responsible for their safety; and

(d)

comply with any other conditions stipulated by the [F8CAA].]]

Textual Amendments

Textual Amendments

[F9NCO.GEN.104 Use of aircraft included in an AOC by an NCO operator U.K.

(a)

An NCO operator may use other than complex motor-powered aircraft listed on an operator's AOC to conduct non-commercial operations in accordance with this Annex.

(b)

The NCO operator using the aircraft in accordance with point (a) shall establish a procedure:

(1)

clearly describing how operational control of the aircraft is transferred between the AOC holder and the NCO operator, as referred to in point ORO.GEN.310 of Annex III;

(2)

describing the handover procedure of the aircraft upon its return to the AOC holder.

That procedure shall be included in a contract between the AOC holder and the NCO operator.

The NCO operator shall ensure that the procedure is communicated to the relevant personnel.

(c)

The continuing airworthiness of the aircraft used pursuant to point (a) shall be managed by organisation responsible for the continuing airworthiness for the aircraft included in the AOC, in accordance with Regulation (EU) No 1321/2014.

(d)

The NCO operator using the aircraft in accordance with point (a) shall ensure the following:

(1)

that every flight conducted under its operational control is recorded in the aircraft technical log system;

(2)

that no changes to the aircraft systems or configuration are made;

(3)

that any defect or technical malfunction occurring while the aircraft is under its operational control is reported to the organisation referred to in point (c) immediately after the flight;

(4)

that the AOC holder receives a copy of any occurrence report related to the flights performed with the aircraft, completed in accordance with Regulation (EU) No 376/2014 and Regulation (EU) 2015/1018.]

Textual Amendments

NCO.GEN.105 Pilot-in-command responsibilities and authority U.K.

(a) The pilot-in-command shall be responsible for: U.K.
(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;

(2)

the initiation, continuation, termination or diversion of a flight in the interest of safety;

(3)

ensuring that all operational procedures and checklists are complied with as referred to in 1.b of Annex IV to Regulation (EC) No 216/2008;

(4)

only commencing a flight if he/she is satisfied that all operational limitations referred to in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 are complied with, as follows:

(i)

the aircraft is airworthy;

(ii)

the aircraft is duly registered;

(iii)

[F7instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, if applicable, as provided for in points NCO.IDE.A.105 or NCO.IDE.H.105;]

(iv)

[F10the mass of the aircraft and the centre of gravity location are such that the flight can be conducted within limits prescribed in the airworthiness documentation;]

(v)

all equipment, baggage and cargo are properly loaded and secured and an emergency evacuation remains possible; [F11 and]

(vi)

the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight; [F12and]

(vii)

[F12any navigational database required for PBN is suitable and current;]

(5)

not commencing a flight if he/she is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;

(6)

not continuing a flight beyond the nearest weather-permissible aerodrome or operating site when his/her capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;

(7)

deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or minimum equipment list (MEL), as applicable; and

(8)

recording utilisation data and all known or suspected defects in the aircraft at the termination of the flight, or series of flights, in the aircraft technical log or journey log for the aircraft.

Textual Amendments

(b) The pilot-in-command shall ensure that during critical phases of flight or whenever deemed necessary in the interest of safety, all crew members are seated at their assigned stations and do not perform any activities other than those required for the safe operation of the aircraft. U.K.
(c) The pilot-in-command shall have the authority to refuse carriage of or disembark any person, baggage or cargo that may represent a potential hazard to the safety of the aircraft or its occupants. U.K.
(d) The pilot-in-command shall, as soon as possible, report to the appropriate air traffic services (ATS) unit any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft. U.K.
(e) The pilot-in-command shall, in an emergency situation that requires immediate decision and action, take any action he/she considers necessary under the circumstances in accordance with 7.d of Annex IV to Regulation (EC) No 216/2008. In such cases he/she may deviate from rules, operational procedures and methods in the interest of safety. U.K.
(f) During flight, the pilot-in-command shall: U.K.
(1)

[F10keep his/her safety belt fastened while at his/her station; and]

(2)

remain at the controls of the aircraft at all times except if another pilot is taking the controls.

(g) The pilot-in-command shall submit a report of an act of unlawful interference without delay to the [F13CAA] and shall inform the designated local authority. U.K.

Textual Amendments

(h) The pilot-in-command shall notify the nearest appropriate authority by the quickest available means of any accident involving the aircraft that results in serious injury or death of any person or substantial damage to the aircraft or property. U.K.

F14NCO.GEN.106Pilot-in-command responsibilities and authority — balloonsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

NCO.GEN.110 Compliance with laws, regulations and procedure U.K.

(a) The pilot-in-command shall comply with the laws, regulations and procedures of those States where operations are conducted. U.K.
(b) The pilot-in-command shall be familiar with the laws, regulations and procedures, pertinent to the performance of his/her duties, prescribed for the areas to be traversed, the aerodromes or operating sites to be used and the related air navigation facilities as referred to in 1.a of Annex IV to Regulation (EC) No 216/2008. U.K.

NCO.GEN.115 Taxiing of aeroplanes U.K.

An aeroplane shall only be taxied on the movement area of an aerodrome if the person at the controls:

(a)

is an appropriately qualified pilot; or

(b)

has been designated by the operator and:

(1)

is trained to taxi the aeroplane;

(2)

is trained to use the radio telephone, if radio communications are required;

(3)

has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures; and

(4)

is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.

NCO.GEN.120 Rotor engagement — helicopters U.K.

A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.

[F7NCO.GEN.125 Portable electronic devices U.K.

The pilot-in-command shall not permit any person to use a portable electronic device (PED) on board an aircraft, including an electronic flight bag (EFB), that could adversely affect the performance of the aircraft systems and equipment or the ability of the flight crew member to operate the aircraft.]

NCO.GEN.130 Information on emergency and survival equipment carried U.K.

Except for aircraft taking-off and landing at the same aerodrome/operating site, the operator shall, at all times, have available for immediate communication to rescue coordination centres (RCCs) lists containing information on the emergency and survival equipment carried on board.

NCO.GEN.135 Documents, manuals and information to be carried U.K.

(a) The following documents, manuals and information shall be carried on each flight as originals or copies unless otherwise specified: U.K.
(1)

the AFM, or equivalent document(s);

(2)

the original certificate of registration;

(3)

the original certificate of airworthiness (CofA);

(4)

the noise certificate, if applicable;

(5)

the list of specific approvals, if applicable;

(6)

the aircraft radio licence, if applicable;

(7)

the third party liability insurance certificate(s);

(8)

the journey log, or equivalent, for the aircraft;

(9)

details of the filed ATS flight plan, if applicable;

(10)

current and suitable aeronautical charts for the route [F5area] of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted;

(11)

procedures and visual signals information for use by intercepting and intercepted aircraft;

(12)

the MEL or CDL, if applicable; and

(13)

any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.

(b) Notwithstanding (a), on flights: U.K.
(1)

intending to take off and land at the same aerodrome/operating site; or

(2)

remaining within a distance or area determined by the [F15CAA],

the documents and information in (a)(2) to (a)(8) may be retained at the aerodrome or operating site.

Textual Amendments

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
(d) The pilot-in-command shall make available within a reasonable time of being requested to do so by the [F15CAA], the documentation required to be carried on board. U.K.

NCO.GEN.140 Transport of dangerous goods U.K.

(a) The transport of dangerous goods by air shall be conducted in accordance with Annex 18 to the Chicago Convention as last amended and amplified by the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Doc 9284-AN/905), including its supplements and any other addenda or corrigenda. U.K.
(b) Dangerous goods shall only be transported by the operator approved in accordance with Annex V (Part-SPA), Subpart G, to Regulation (EU) No 965/2012 except when: U.K.
(1)

they are not subject to the Technical Instructions in accordance with Part 1 of those Instructions; or

(2)

they are carried by passengers or the pilot-in-command, or are in baggage, in accordance with Part 8 of the Technical Instructions;

(3)

they are carried by operators of ELA2 aircraft.

(c) The pilot-in-command shall take all reasonable measures to prevent dangerous goods from being carried on board inadvertently. U.K.
(d) The pilot-in-command shall, in accordance with the Technical Instructions, report without delay to the [F16CAA] and the appropriate authority of the State of occurrence in the event of any dangerous goods accidents or incidents. U.K.

Textual Amendments

(e) The pilot-in-command shall ensure that passengers are provided with information about dangerous goods in accordance with the Technical Instructions. U.K.
[F12(f) Reasonable quantities of articles and substances that would otherwise be classified as dangerous goods and that are used to facilitate flight safety, where carriage aboard the aircraft is advisable to ensure their timely availability for operational purposes, shall be considered authorised under paragraph 1;2.2.1(a) of the Technical Instructions. This is regardless of whether or not such articles and substances are required to be carried or intended to be used in connection with a particular flight. U.K.

The packing and loading on board of the above-mentioned articles and substances shall be performed, under the responsibility of the pilot in command, in such a way as to minimise the risks posed to crew members, passengers, cargo or the aircraft during aircraft operations.]

NCO.GEN.145 Immediate reaction to a safety problem U.K.

The operator shall implement:

(a)

any safety measures mandated by the [F17CAA] in accordance with ARO.GEN.135(c) F18...

(b)

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

NCO.GEN.150 Journey log U.K.

Particulars of the aircraft, its crew and each journey shall be retained for each flight, or series of flights, in the form of a journey log, or equivalent.

NCO.GEN.155 Minimum equipment list U.K.

(a) An MEL may be established taking into account the following: U.K.
(1)

the document shall provide for the operation of the aircraft, under specified conditions, with particular instruments, items of equipment or functions inoperative at the commencement of the flight;

(2)

the document shall be prepared for each individual aircraft, taking account of the operator’s relevant operational and maintenance conditions; and

(3)

the MEL shall be based on the relevant Master Minimum Equipment List (MMEL), as defined in the data established in accordance with Commission Regulation (EU) No 748/2012 (1) , and shall not be less restrictive than the MMEL.

(b) The MEL and any amendment thereto shall be notified to the [F20CAA].]U.K.

Textual Amendments

Textual Amendments

Textual Amendments

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