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

• (96b) ‘portable electronic device (PED)’ means any kind of electronic device, typically but not limited to consumer electronics, brought on board the aircraft by crew members, passengers, or as part of the cargo, that is not included in the configuration of the certified aircraft. It includes all equipment that is able to consume electrical energy. The electrical energy can be provided from internal sources such as batteries (chargeable or non-rechargeable) or the devices may also be connected to specific aircraft power sources;

• (97) ‘principal place of business’ means the head office or registered office of the organisation within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;

• (98) ‘prioritisation of ramp inspections’ means the dedication of an appropriate portion of the total number of ramp inspections conducted by or on behalf of a competent authority on an annual basis as provided in Part-ARO;

• (98a) ‘proficient’ means having demonstrated the necessary skills, knowledge and attitudes that are required to perform any defined tasks to the prescribed standard;

• (98b) ‘psychoactive substances’ means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, with the exception of caffeine and tobacco;

• (99) ‘public interest site (PIS)’ means a site used exclusively for operations in the public interest;

• (100) ‘ramp inspection’ means the inspection of aircraft, of flight and cabin crew qualifications and of flight documentation in order to verify the compliance with the applicable requirements;

• (101) ‘rectification interval’ means a limitation on the duration of operations with inoperative equipment;

• (102) ‘rejected take-off distance available (RTODA)’ means:
• (a) for helicopters (RTODAH), the length of the final approach and take-off area declared available and suitable for helicopters operated in performance class 1 to complete a rejected take-off; or
• (b) for VCA (RTODAV), the length of the final approach and take-off area declared available and suitable for VCA to complete a rejected take-off in accordance with the category in which they are operated;

• (103) ‘rejected take-off distance required (RTODR)’ means:
• (a) for helicopters (RTODRH), the horizontal distance required from the start of the take-off to the point where the helicopter comes to a full stop following an engine failure and rejection of the take-off at the take-off decision point;
• (b) for VCA (RTODRV), the horizontal distance required from the start of the take-off to the point where the VCA comes to a full stop by completing a rejected take-off following a CFP being recognised at the take-off decision point;

• (103a) ‘required navigation performance (RNP) specification’ means a navigation specification for PBN operations which includes a requirement for on-board navigation performance monitoring and alerting;

• (103b) ‘rules of the air’ means the rules established in Commission Implementing Regulation (EU) No 923/2012 ([^E0006]);

• (103c) ‘runway condition report (RCR)’ means a comprehensive standardised report relating to the conditions of the runway surface and their effect on the aeroplane landing and take-off performance, described by means of runway conditions code;

• (104) ‘runway visual range (RVR)’ means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;

• (104a) ‘safe landing’ means, in the context of the fuel/energy policy or fuel/energy schemes, a landing at an adequate aerodrome or operating site or at an adequate vertiport or diversion location with no less than the final reserve fuel/energy remaining and in compliance with the applicable operational procedures and aerodrome operating minima;

• (105) ‘safe forced landing’ means an unavoidable landing or ditching with a reasonable expectancy of no injuries to persons in the aircraft or on the surface;

• (105a) ‘safety-sensitive personnel’ means persons who might endanger aviation safety if they perform their duties and functions improperly, including flight crew and cabin crew members, aircraft maintenance personnel and air traffic controllers;

• (105b) ‘scenario-based training phase’ means a phase of an EBT module which focuses on the development of competencies, whilst the pilot is trained to mitigate the most critical risks identified for the aircraft generation. It should include the management of specific operator’s threats and errors in a real-time line-orientated environment;

• (106) ‘seaplane’ means a fixed wing aircraft which is designed for taking off and landing on water and includes amphibians operated as seaplanes;

• (107) ‘separate runways’ means runways at the same aerodrome that are separate landing surfaces. These runways may overlay or cross in such a way that if one of the runways is blocked, it will not prevent the planned type of operations on the other runway. Each runway shall have a separate approach procedure based on a separate navigation aid;

• (107a) ‘specially prepared winter runway’ means a runway with a dry frozen surface of compacted snow or ice which has been treated with sand or grit or has been mechanically treated to improve runway friction;

• (108) ‘special VFR flight’ means a VFR flight cleared by air traffic control to operate within a control zone in meteorological conditions below VMC;

• (109) ‘stabilised approach (SAp)’ means an approach that is flown in a controlled and appropriate manner in terms of configuration, energy and control of the flight path from a pre-determined point or altitude/height down to a point 50 ft above the threshold or the point where the flare manoeuvre is initiated if higher;

• (109a) ‘sterile flight crew compartment’ means any period of time when the flight crew members are not disturbed or distracted, except for matters critical to the safe operation of the aircraft or the safety of the occupants;

• (110) ‘take-off alternate aerodrome’ means an alternate aerodrome at which an aircraft can land should this become necessary shortly after take-off and if it is not possible to use the aerodrome of departure;

• (111) ‘take-off decision point (TDP)’ means:
• (a) for helicopters, the point used to determine take-off performance from which, an engine failure having been recognised at this point, either a rejected take-off may be made or a take-off safely continued;
• (b) for VCA, the first point defined by the combination of speed and height from which a continued take-off may be performed meeting the certified minimum performance (CMP) following a CFP and is the last point in the take-off path from which a rejected take-off is assured;

• (112) ‘take-off distance available (TODA)’ in the case of aeroplanes means the length of the take-off run available plus the length of the clearway, if provided;

• (113) ‘take-off distance available (TODA)’ means:
• (a) for helicopters (TODAH), the length of the final approach and take-off area plus, if provided, the length of the helicopter clearway declared available and suitable for the helicopter to complete the take-off;
• (b) for VCA (TODAV), the length of the final approach and take-off area plus, if provided, the length of the clearway declared available and suitable for the VCA to complete the take-off;

• (114) ‘take-off distance required (TODR)’ means:
• (a) for helicopters (TODRH), the horizontal distance required from the start of the take-off to the point at which the take-off safety speed (VTOSS), the selected height and a positive climb gradient are achieved, following failure of the critical engine being recognised at the TDP, the remaining engines operating within approved operating limits;
• (b) for VCA (TODRV), the horizontal distance required from the start of the take-off to the point at which the safe obstacle clearance and a positive climb gradient are achieved, following a critical failure for performance (CFP) recognised at the TDP;

• (115) ‘take-off flight path’ means:
• (a) the vertical and horizontal path, with the critical engine inoperative, from a specified point in the take-off for aeroplanes to 1 500 ft above the surface, and for helicopters to 1 000 ft above the surface;
• (b) for VCA, the vertical and horizontal path with a critical failure for performance (CFP), which extends from the take-off point to a point at which the VCA is at a height above the take-off elevation that is compatible with the en-route profile and not higher than 305 m (1 000 ft);

• (116) ‘take-off mass’ means the mass including everything and everyone carried on board at the commencement of the take-off for helicopters or for VCA, and during take-off run for aeroplanes;

• (117) ‘take-off run available (TORA)’ means the length of runway that is declared available by the State of the aerodrome and suitable for the ground run of an aeroplane taking off;

• (117a) ‘task specialist’ means a person assigned by the operator or a third party, or acting as an undertaking, who performs tasks on the ground directly associated with a specialised task or performs specialised tasks on board or from the aircraft;

• (118) ‘technical crew member’ means a crew member in commercial air transport HEMS, VEMS, HHO or NVIS operations other than a flight or cabin crew member, assigned by the operator to duties in the aircraft or on the ground for the purpose of assisting the pilot during HEMS, VEMS, HHO or NVIS operations, which may require the operation of specialised on-board equipment;

• (119) ‘technical instructions (TI)’ means the latest effective edition of the ‘Technical instructions for the safe transport of dangerous goods by air’, including the supplement and any addenda, approved and published by the International Civil Aviation Organisation;

• (120) ‘traffic load’ means the total mass of passengers, baggage, cargo and carry-on specialist equipment and including any ballast;

• (120a) ‘type A EFB application’ means an EFB application whose malfunction or misuse has no safety effect;

• (120b) ‘type B EFB application’ means an EFB application:
• (a) whose malfunction or misuse is classified as minor failure condition or below; and
• (b) which neither replaces nor duplicates any system or functionality required by airworthiness regulations, airspace requirements, or operational rules;

• (120c) ‘training to proficiency’ means training designed to achieve end-state performance objectives, providing sufficient assurance that the trained individual is capable of consistently carrying out specific tasks safely and effectively;

• (120d) ‘type A instrument approach operation’ means an instrument approach operation with an MDH or a DH at or above 250 ft;

• (120e) ‘type B instrument approach operation’ means an operation with a DH below 250 ft. Type B instrument approach operations are categorised as:
• (a) Category I (CAT I): a DH not lower than 200 ft and with either a visibility not less than 800 m or an RVR not less than 550 m;
• (b) Category II (CAT II): a DH lower than 200 ft but not lower than 100 ft, and an RVR not less than 300 m;
• (c) Category III (CAT III): a DH lower than 100 ft or no DH, and an RVR less than 300 m or no RVR limitation;

• (121) ‘unaided NVIS flight’ means, in the case of NVIS operations, that portion of a VFR flight performed at night when a crew member is not using NVG;

• (122) ‘undertaking’ means any natural or legal person, whether profit-making or not, or any official body whether having its own personality or not;

• (123) ‘V1’ means the maximum speed in the take-off at which the pilot must take the first action to stop the aeroplane within the accelerate-stop distance. V1 also means the minimum speed in the take-off, following a failure of the critical engine at VEF, at which the pilot can continue the take-off and achieve the required height above the take-off surface within the take-off distance;

• (124) ‘VEF’ means the speed at which the critical engine is assumed to fail during take-off;

• (124a) ‘visibility (VIS)’ means visibility for aeronautical purposes, which is the greater of:
• (a) the greatest distance at which a black object of suitable dimensions, situated near the ground, can be seen and recognised when observed against a bright background; and
• (b) the greatest distance at which lights in the vicinity of 1 000 candelas can be seen and identified against an unlit background;

• (125) ‘visual approach operation’ means an approach operation by an IFR flight when either a part or all parts of an IAP is (are) not completed and the approach operation is executed with visual reference to terrain;

• (126) ‘weather-permissible aerodrome’ means an adequate aerodrome where, for the anticipated time of use, meteorological reports, or forecasts, or any combination thereof, indicate that the meteorological conditions will be at or above the required aerodrome operating minima, and the runway surface condition reports indicate that a safe landing will be possible;

• (127) ‘wet lease agreement’ means an agreement:
• — in the case of CAT operations, between air carriers pursuant to which the aircraft is operated under the AOC of the lessor; or
• — in the case of commercial operations other than CAT, between operators pursuant to which the aircraft is operated under the responsibility of the lessor;

• (128) ‘wet runway’ means a runway whose surface is covered by any visible dampness or water up to and including 3 mm deep within the area intended to be used.

• (129) ‘complex motor-powered aircraft’ shall mean:
• (a) 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
• (b) a helicopter certificated:
• (i) for a maximum take-off mass exceeding 3 175 kg, or
• (ii) for a maximum passenger seating configuration of more than nine, or
• (iii) for operation with a minimum crew of at least two pilots, or
• (c) a tilt rotor aircraft.

• (130) ‘ground movement’ means the movement of an aircraft on the movement area of an aerodrome or a vertiport with the aid of external equipment or accessory that is not powered by the aircraft;

• (131) ‘ground personnel’ means the personnel other than flight crew members or technical crew members that are assigned to tasks related to the ground movement of the VCA or any other ground assistance provided to aircraft, and have received training in the relevant operational and safety procedures;

• (132) ‘category Enhanced’ means a category for VCA certification and operation according to which the aircraft meets the requirements for continued safe flight and landing following a critical failure for performance (CFP);

• (133) ‘certified minimum performance (CMP)’ means, in relation to VCA, the set of performance data obtained by considering the effect of single failures and combinations of failures that are not extremely improbable on nominal performance parameters;

• (134) ‘continued safe flight and landing (CSFL)’ means, in relation to a VCA operated in the category Enhanced, that the aircraft is capable of continued controlled flight and landing at a vertiport, possibly using emergency procedures, without requiring exceptional piloting skills or strength;

• (135) ‘critical failure for performance (CFP)’ means, in relation to VCA, a failure or a combination of failures that results in the maximum degradation for a given flight phase and performance parameter; the set of critical failures for performance is used to establish the certified minimum performance (CMP);

• (136) ‘limited overwater operation’ means an IAM operation with a VCA that is conducted for a limited flight time over water;

• (137) ‘VEMS technical crew member’ means a technical crew member (TCM) that is assigned to a VEMS flight for the purpose of assisting the pilot during the flight operation and attending to any person in need of medical assistance;

• (138) ‘VEMS operating base’ means a vertiport at which the VCA, its flight crew and VEMS crew members are on standby for VEMS operations;

• (139) ‘VEMS operating site’ means an operating site selected by the pilot-in-command for VEMS operations, landings and take-offs;

• (140) ‘vertiport’ means an area of land, water, or structure used or intended to be used for the landing and take-off of VCA, and for the movement of VCA;

• (141) ‘adequate vertiport’ means a vertiport at which the VCA may be operated, taking account of the aircraft dimensions, weight, approach and departure paths, and which is provided with services and facilities necessary for the intended operation and is available at the expected time of use;

• (142) ‘VTOL take-off safety speed (VTOSS)’ means the minimum speed at which climb shall be achieved with a CFP recognised at the TDP in the case of VCA operated in the category Enhanced;

• (143) ‘manned VCA’ means a VCA piloted by at least one pilot on board.

ANNEX II

AUTHORITY REQUIREMENTS FOR AIR OPERATIONS

[PART-ARO]

ARO.GEN.005   Scope

This Annex establishes requirements for the administration and management system to be fulfilled by the Agency and Member States for the implementation and enforcement of Regulation (EC) No 216/2008 and its Implementing Rules regarding civil aviation air operations.

SUBPART GEN

GENERAL REQUIREMENTS

SECTION I

General

ARO.GEN.115   Oversight documentation

The competent authority shall provide all legislative acts, standards, rules, technical publications and related documents to relevant personnel in order to allow them to perform their tasks and to discharge their responsibilities.

ARO.GEN.120   Means of compliance

• (a)The Agency shall develop acceptable means of compliance (‘AMC’) that may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts.

• (b)Alternative means of compliance may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts.

• (c)The competent authority shall establish a system to consistently evaluate whether the alternative means of compliance used by itself or by organisations and persons under its oversight comply with Regulation (EU) 2018/1139 and its delegated and implementing acts. That system shall include procedures to limit, revoke or amend approved alternative means of compliance, if it has been demonstrated by the competent authority that those alternative means of compliance do not comply with Regulation (EU) 2018/1139 and delegated and implementing acts adopted on its basis.

• (d)The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance:

• (1) with point ORO.GEN.120(b) of Annex III (Part-ORO) to this Regulation;

• (2) for balloons with point BOP.ADD.010 of Annex II (Part-BOP) to Commission Regulation (EU) 2018/395 ([^E0007]); or

• (3) for sailplanes with point SAO.DEC.100(c) of Annex II (Part-SAO) to Commission Implementing Regulation (EU) 2018/1976 ([^E0008]);

• 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, specialised operation authorisation or certificate of the applicant accordingly; and

• (2) notify the Agency of their content, including copies of all relevant documentation.

• (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.

ARO.GEN.125   Information to the Agency

• (a)The competent authority shall without undue delay notify the Agency in case of any significant problems with the implementation of Regulation (EC) No 216/2008 and its Implementing Rules.

• (b)The competent authority shall provide the Agency with safety-significant information stemming from the occurrence reports it has received.

• (c)The competent authority of the Member State shall provide the Agency as soon as possible with safety-significant information stemming from the information security reports it has received pursuant to point IS.I.OR.230 of Annex II (Part-IS.I.OR) to Implementing Regulation (EU) 2023/203.

ARO.GEN.135   Immediate reaction to a safety problem

• (a)Without prejudice to Regulation (EU) No 376/2014 of the European Parliament and of the Council ([^E0009]), the competent authority shall implement a system to appropriately collect, analyse and disseminate safety information.

• (b)The Agency shall implement a system to appropriately analyse any relevant safety information received and without undue delay provide to Member States and the Commission any information, including recommendations or corrective actions to be taken, necessary for them to react in a timely manner to a safety problem involving products, parts, appliances, persons or organisations subject to Regulation (EC) No 216/2008 and its Implementing Rules.

• (c)Upon receiving the information referred to in (a) and (b), the competent authority shall take adequate measures to address the safety problem.

• (d)Measures taken under (c) shall immediately be notified to all persons or organisations which need to comply with them under Regulation (EC) No 216/2008 and its Implementing Rules. The competent authority shall also notify those measures to the Agency and, when combined action is required, the other Member States concerned.

ARO.GEN.135A   Immediate reaction to an information security incident or vulnerability with an impact on aviation safety

• (a) The competent authority shall implement a system to appropriately collect, analyse, and disseminate information related to information security incidents and vulnerabilities with a potential impact on aviation safety that are reported by organisations. This shall be done in coordination with any other relevant authorities responsible for information security or cybersecurity within the Member State to increase the coordination and compatibility of reporting schemes.

• (b) The Agency shall implement a system to appropriately analyse any relevant safety-significant information received in accordance with point ARO.GEN.125(c), and without undue delay provide the Member States and the Commission with any information, including recommendations or corrective actions to be taken, necessary for them to react in a timely manner to an information security incident or vulnerability with a potential impact on aviation safety involving products, parts, non-installed equipment, persons or organisations subject to Regulation (EU) 2018/1139 and its delegated and implementing acts.

• (c) Upon receiving the information referred to in points (a) and (b), the competent authority shall take adequate measures to address the potential impact on aviation safety of the information security incident or vulnerability.

• (d) Measures taken in accordance with point (c) shall immediately be notified to all persons or organisations that shall comply with them under Regulation (EU) 2018/1139 and its delegated and implementing acts. The competent authority of the Member State shall also notify those measures to the Agency and, when combined action is required, the competent authorities of the other Member States concerned.

SECTION II

Management

ARO.GEN.200   Management system

• (a)The competent authority shall establish and maintain a management system, including as a minimum:

• (1) documented policies and procedures to describe its organisation, means and methods to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules. The procedures shall be kept up to date and serve as the basic working documents within that competent authority for all related tasks;

• (2) a sufficient number of personnel to perform its tasks and discharge its responsibilities. Such personnel shall be qualified to perform their allocated tasks and have the necessary knowledge, experience, initial and recurrent training to ensure continuing competence. A system shall be in place to plan the availability of personnel, in order to ensure the proper completion of all tasks;

• (3) adequate facilities and office accommodation to perform the allocated tasks;

• (4) a function to monitor compliance of the management system with the relevant requirements and adequacy of the procedures including the establishment of an internal audit process and a safety risk management process. Compliance monitoring shall include a feedback system of audit findings to the senior management of the competent authority to ensure implementation of corrective actions as necessary; and

• (5) a person or group of persons, ultimately responsible to the senior management of the competent authority for the compliance monitoring function.

• (b)The competent authority shall, for each field of activity, including management system, appoint one or more persons with the overall responsibility for the management of the relevant task(s).

• (c)The competent authority shall establish procedures for participation in a mutual exchange of all necessary information and assistance with other competent authorities concerned including on all findings raised and follow-up actions taken as a result of oversight of persons and organisations exercising activities in the territory of a Member State, but certified or authorised by or making declarations to the competent authority of another Member State or the Agency.

• (d)A copy of the procedures related to the management system and their amendments shall be made available to the Agency for the purpose of standardisation.

• (e)In addition to the requirements contained in point (a), the management system established and maintained by the competent authority shall comply with Annex I (Part-IS.AR) to Implementing Regulation (EU) 2023/203 in order to ensure the proper management of information security risks which may have an impact on aviation safety.

ARO.GEN.205   Allocation of tasks

• (a)Tasks related to the initial certification , specialised operation authorisation or continuing oversight of persons or organisations subject to Regulation (EC) No 216/2008 and its Implementing Rules shall be allocated by Member States only to qualified entities. When allocating tasks, the competent authority shall ensure that it has:

• (1) put a system in place to initially and continuously assess that the qualified entity complies with Annex V to Regulation (EC) No 216/2008. This system and the results of the assessments shall be documented.

• (2) established a documented agreement with the qualified entity, approved by both parties at the appropriate management level, which clearly defines:
• (i) the tasks to be performed;
• (ii) the declarations, reports and records to be provided;
• (iii) the technical conditions to be met in performing such tasks;
• (iv) the related liability coverage; and
• (v) the protection given to information acquired in carrying out such tasks.

• (b)The competent authority shall ensure that the internal audit process and safety risk management process required by ARO.GEN.200(a)(4) covers all certification , authorisationor continuing oversight tasks performed on its behalf.

• (c)For the certification and oversight of the organisation’s compliance with point ORO.GEN.200A, the competent authority may allocate tasks to qualified entities in accordance with point (a), or to any relevant authority responsible for information security or cybersecurity within the Member State. When allocating tasks, the competent authority shall ensure that:

• (1) all aspects related to aviation safety are coordinated and taken into account by the qualified entity or relevant authority;

• (2) the results of the certification and oversight activities performed by the qualified entity or relevant authority are integrated in the overall certification and oversight files of the organisation;

• (3) its own information security management system established in accordance with point ARO.GEN.200(e) covers all the certification and continuing oversight tasks performed on its behalf.

ARO.GEN.210   Changes in the management system

• (a)The competent authority shall have a system in place to identify changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EC) No 216/2008 and its Implementing Rules. This system shall enable it to take action as appropriate to ensure that its management system remains adequate and effective.

• (b)The competent authority shall update its management system to reflect any change to Regulation (EC) No 216/2008 and its Implementing Rules in a timely manner, so as to ensure effective implementation.

• (c)The competent authority shall notify the Agency of changes affecting its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EC) No 216/2008 and its Implementing Rules.

ARO.GEN.220   Record-keeping

• (a)The competent authority shall establish a system of record-keeping providing for adequate storage, accessibility and reliable traceability of:

• (1) the management system’s documented policies and procedures;

• (2) training, qualification and authorisation of its personnel;

• (3) the allocation of tasks, covering the elements required by ARO.GEN.205 as well as the details of tasks allocated;

• (4) certification processes and continuing oversight of certified organisations;

• (4a) the process of authorisation of a high risk commercial specialised operation and continuing oversight of an authorisation holder;

• (5) declaration processes and continuing oversight of declared organisations;

• (6) details of training courses provided by certified organisations, and if applicable, records relating to FSTDs used for such training;

• (7) oversight of persons and organisations exercising activities within the territory of the Member State, but overseen, certified or authorised by the competent authority of another Member State or the Agency, as agreed between these authorities;

• (8) oversight of operations of other-than complex motor-powered aircraft by non-commercial operators;

• (9) the evaluation and notification to the Agency of alternative means of compliance proposed by organisations subject to certification , or authorisation and the assessment of alternative means of compliance used by the competent authority itself;

• (10) findings, corrective actions and date of action closure;

• (11) enforcement measures taken;

• (12) safety information and follow-up measures; and

• (13) the use of flexibility provisions in accordance with Article 14 of Regulation (EC) No 216/2008.

• (b)The competent authority shall maintain a list of all organisation certificates and specialised operations authorisations it issued as well as declarations it received.

• (c)All records shall be kept for the minimum period specified in this Regulation. In the absence of such indication, records shall be kept for a minimum period of five years subject to applicable data protection law.

SECTION III

Oversight, certification and enforcement

ARO.GEN.300   Oversight

• (a)The competent authority shall verify:

• (1) compliance with the requirements applicable to organisations or type of operations prior to the issue of a certificate, approval or authorisation, as applicable;

• (2) continued compliance with the applicable requirements of organisations it has certified, specialised operations it has authorised and organisations from which it received a declaration;

• (3) continued compliance with the applicable requirements of non-commercial operators of other-than complex motor-powered aircraft; and

• (4) implementation of appropriate safety measures mandated by the competent authority as defined in ARO.GEN.135(c) and (d).

• (b)This verification shall:

• (1) be supported by documentation specifically intended to provide personnel responsible for safety oversight with guidance to perform their functions;

• (2) provide the persons and organisations concerned with the results of safety oversight activity;

• (3) be based on audits and inspections, including ramp and unannounced inspections; and

• (4) provide the competent authority with the evidence needed in case further action is required, including the measures foreseen by ARO.GEN.350 and ARO.GEN.355.

• (c)The scope of oversight defined in (a) and (b) shall take into account the results of past oversight activities and the safety priorities.

• (d)Without prejudice to the competences of the Member States and to their obligations as set out in ARO.RAMP, the scope of the oversight of activities performed in the territory of a Member State by persons or organisations established or residing in another Member State shall be determined on the basis of the safety priorities, as well as of past oversight activities.

• (e)Where the activity of a person or organisation involves more than one Member State or the Agency, the competent authority responsible for the oversight under (a) may agree to have oversight tasks performed by the competent authority(ies) of the Member State(s) where the activity takes place or by the Agency. Any person or organisation subject to such agreement shall be informed of its existence and of its scope.

• (f)The competent authority shall collect and process any information deemed useful for oversight, including for ramp and unannounced inspections.

• (g)With regard to the certification and oversight of the organisation’s compliance with point ORO.GEN.200A, in addition to complying with points (a) to (f) of this point, the competent authority shall review any approval granted under point IS.I.OR.200(e) of Annex II to Implementing Regulation (EU) 2023/203 following the applicable oversight audit cycle and whenever changes are implemented in the scope of work of the organisation.

ARO.GEN.305   Oversight programme

• (a)The competent authority shall establish and maintain an oversight programme covering the oversight activities required by ARO.GEN.300 and by ARO.RAMP.

• (b)For organisations certified by the competent authority, the oversight programme shall be developed taking into account the specific nature of the organisation, the complexity of its activities, the results of past certification and/or oversight activities required by ARO.GEN and ARO.RAMP and shall be based on the assessment of associated risks. It shall include within each oversight planning cycle:

• (1) audits and inspections, including ramp and unannounced inspections as appropriate; and

• (2) meetings convened between the accountable manager and the competent authority to ensure both remain informed of significant issues.

• (c)For organisations certified by the competent authority an oversight planning cycle not exceeding 24 months shall be applied.

• The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased.

• The oversight planning cycle may be extended to a maximum of 36 months if the competent authority has established that, during the previous 24 months:

• (1) the organisation has demonstrated an effective identification of aviation safety hazards and management of associated risks;

• (2) the organisation has continuously demonstrated under ORO.GEN.130 that it has full control over all changes;

• (3) no level 1 findings have been issued; and

• (4) all corrective actions have been implemented within the time period accepted or extended by the competent authority as defined in ARO.GEN.350(d)(2).

• The oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the above, the organisation has established, and the competent authority has approved, an effective continuous reporting system to the competent authority on the safety performance and regulatory compliance of the organisation itself.

• (d)For organisations declaring their activity to the competent authority, the oversight programme shall be based on the specific nature of the organisation, the complexity of its activities and the data of past oversight activities and the assessment of risks associated with the type of activity carried out. It shall include audits and inspections, including ramp and unannounced inspections, as appropriate.

• (d1)For organisations holding a specialised operations authorisation, the oversight programme shall be established in accordance with (d) and shall also take into account the past and current authorisation process and the validity period of the authorisation.

• (e) For persons holding a licence, certificate, rating, or attestation issued by the competent authority the oversight programme shall include inspections, including unannounced inspections, as appropriate.

• (f) The oversight programme shall include records of the dates when audits, inspections and meetings are due and when such audits, inspections and meetings have been carried out.

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).

• (b)When satisfied that the organisation is in compliance with the applicable requirements, the competent authority shall issue the certificate(s), as established in Appendices I and II. The certificate(s) shall be issued for an unlimited duration. The privileges and scope of the activities that the organisation is approved to conduct shall be specified in the terms of approval attached to the certificate(s).

• (c)To enable an organisation to implement changes without prior competent authority approval in accordance with ORO.GEN.130, the competent authority shall approve the procedure submitted by the organisation defining the scope of such changes and describing how such changes will be managed and notified.

ARO.GEN.330   Changes — organisations

• (a)Upon receiving an application for a change that requires prior approval, the competent authority shall verify the organisation’s compliance with the applicable requirements before issuing the approval.

• The competent authority shall prescribe the conditions under which the organisation may operate during the change, unless the competent authority determines that the organisation’s certificate needs to be suspended.

• When satisfied that the organisation is in compliance with the applicable requirements, the competent authority shall approve the change.

• (b)Without prejudice to any additional enforcement measures, when the organisation implements changes requiring prior approval without having received competent authority approval as defined in (a), the competent authority shall suspend, limit or revoke the organisation’s certificate.

• (c)For changes not requiring prior approval, the competent authority shall assess the information provided in the notification sent by the organisation in accordance with ORO.GEN.130 to verify compliance with the applicable requirements. In case of any non-compliance, the competent authority shall:

• (1) notify the organisation about the non-compliance and request further changes;

• (2) in case of level 1 or level 2 findings, act in accordance with ARO.GEN.350.

ARO.GEN.330A   Changes to the information security management system

• (a) For changes managed and notified to the competent authority in accordance with the procedure set out in point IS.I.OR.255(a) of Annex II (Part-IS.I.OR) to Implementing Regulation (EU) 2023/203, the competent authority shall include the review of such changes in its continuing oversight in accordance with the principles laid down in point ARO.GEN.300. If any non-compliance is found, the competent authority shall notify the organisation thereof, request further changes and act in accordance with point ARO.GEN.350.

• (b) For other changes requiring an application for approval in accordance with point IS.I.OR.255(b) of Annex II (Part-IS.I.OR) to Implementing Regulation (EU) 2023/203:
• (1) upon receiving the application for the change, the competent authority shall check the organisation’s compliance with the applicable requirements before issuing the approval;
• (2) the competent authority shall establish the conditions under which the organisation may operate during the implementation of the change;
• (3) if it is satisfied that the organisation complies with the applicable requirements, the competent authority shall approve the change.

ARO.GEN.345   Declaration — organisations

• (a)Upon receiving a declaration from an organisation carrying out or intending to carry out activities for which a declaration is required, the competent authority shall verify that the declaration contains all the information required:

• (1) pursuant to ORO.DEC.100 of Annex III (Part-ORO) to this Regulation;

• (2) for balloon operators pursuant to BOP.ADD.100 of Annex II (Part-BOP) to Regulation (EU) 2018/395; or

• (3) for sailplane operators pursuant to SAO.DEC.100 of Annex II (Part-SAO) to Implementing Regulation (EU) 2018/1976.

• After having verified the required information, the competent authority shall acknowledge receipt of the declaration to the organisation.

• (b)If the declaration does not contain the required information, or contains information that indicates non-compliance with applicable requirements, the competent authority shall notify the organisation about the non-compliance and request further information. If deemed necessary the competent authority shall carry out an inspection of the organisation. If the non-compliance is confirmed, the competent authority shall take action as defined in ARO.GEN.350.

ARO.GEN.350   Findings and corrective actions — organisations

• (a)The competent authority for oversight in accordance with ARO.GEN.300(a) shall have a system to analyse findings for their safety significance.

• (b)A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the organisation’s procedures and manuals or with the terms of an approval, certificate, specialised operation authorisation or with the content of a declaration which lowers safety or seriously hazards flight safety.

• The level 1 findings shall include:

• (1) failure to give the competent authority access to the facilities of the organisation in accordance with point ORO.GEN.140 of Annex III (Part-ORO) to this Regulation, or for balloons operators in accordance with points BOP.ADD.015 and BOP.ADD.035 of Annex II (Part-BOP) to Regulation (EU) 2018/395, during normal operating hours and after two written requests;

• (2) obtaining or maintaining the validity of the organisation certificate or specialised operations authorisation by falsification of submitted documentary evidence;

• (3) evidence of malpractice or fraudulent use of the organisation certificate or specialised operations authorisation; and

• (4) the lack of an accountable manager.

• (c)A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the organisation’s procedures and manuals or with the terms of an approval, certificate, specialised operation authorisation or with the content of a declaration which could lower safety or hazard flight safety.

• (d)When a finding is detected during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EC) No 216/2008 and its Implementing Rules, communicate the finding to the organisation in writing and request corrective action to address the non-compliance(s) identified. Where relevant, the competent authority shall inform the State in which the aircraft is registered.

• (1) In the case of level 1 findings the competent authority shall take immediate and appropriate action to prohibit or limit activities, and if appropriate, it shall take action to revoke the certificate  , specialised operations authorisation or specific approval or to limit or suspend it in whole or in part, depending upon the extent of the level 1 finding, until successful corrective action has been taken by the organisation.

• (2) In the case of level 2 findings, the competent authority shall:
• (i) grant the organisation a corrective action implementation period appropriate to the nature of the finding that in any case initially shall not be more than three months. At the end of this period, and subject to the nature of the finding, the competent authority may extend the three-month period subject to a satisfactory corrective action plan agreed by the competent authority; and
• (ii) assess the corrective action and implementation plan proposed by the organisation and, if the assessment concludes that they are sufficient to address the non-compliance(s), accept these.

• (3) Where an organisation fails to submit an acceptable corrective action plan, or to perform the corrective action within the time period accepted or extended by the competent authority, the finding shall be raised to a level 1 finding and action taken as laid down in (d)(1).

• (4) The competent authority shall record all findings it has raised or that have been communicated to it in accordance with point (e) and, where applicable, the enforcement measures it has applied, as well as all corrective actions and the date of action closure for findings.

• (e)Without prejudice to any additional enforcement measures, when the authority of a Member State acting under the provisions of ARO.GEN.300 (d) identifies any non-compliance with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules by an organisation certified by , or authorised by or declaring its activity to the competent authority of another Member State or the Agency, it shall inform that competent authority and provide an indication of the level of finding.

ARO.GEN.355   Findings and enforcement measures — persons

• (a)If, during oversight or by any other means, evidence is found by the competent authority responsible for oversight in accordance with ARO.GEN.300(a) that shows a non-compliance with the applicable requirements by a person holding a licence, certificate, rating or attestation issued in accordance with Regulation (EC) No 216/2008 and its Implementing Rules, the competent authority shall act in accordance with ARA.GEN.355(a) to (d) of Annex VI (Part-ARA) to Commission  Regulation (EU) No 1178/2011 ([^E0010]).

• (b)If, during oversight or by any other means, evidence is found showing a non-compliance with the applicable requirements by a person subject to the requirements laid down in Regulation (EC) No 216/2008 and its Implementing Rules and not holding a licence, certificate, rating or attestation issued in accordance with that Regulation and its Implementing Rules, the competent authority that identified the non-compliance shall take any enforcement measures necessary to prevent the continuation of that non-compliance.

ARO.GEN.360   Findings and enforcement measures — all operators

If, during oversight or by any other means, evidence is found showing a non-compliance with the applicable requirements by an operator subject to the requirements laid down in Regulation (EC) No 216/2008 and its Implementing Rules, the competent authority that identified the non-compliance shall take any enforcement measures necessary to prevent the continuation of that non-compliance.

SUBPART OPS

AIR OPERATIONS

SECTION I

Certification of commercial air transport (CAT) operators and innovative air mobility (IAM) operators

ARO.OPS.100   Issue of the air operator certificate

• (a)The competent authority shall issue the air operator certificate (AOC) when satisfied that the operator has demonstrated compliance with the elements required in ORO.AOC.100.

• (b)The certificate shall include the associated operations specifications.

• (c)The competent authority may determine specific operational limitations. Such limitations shall be documented in the operations specifications.

ARO.OPS.105   Code-share arrangements

In considering the safety of a code-share agreement involving a third-country operator, the competent authority shall:

• (1) satisfy itself, following the verification by the operator as set out in ORO.AOC.115, that the third-country operator complies with the applicable ICAO standards;

• (2) liaise with the competent authority of the State of the third-country operator as necessary.

ARO.OPS.110   Lease agreements for aeroplanes and helicopters

• (a)The competent authority shall approve a lease agreement when satisfied that the operator certified in accordance with Annex III (Part-ORO) complies with:

• (1) ORO.AOC.110(d), for dry leased-in third country aircraft;

• (2) ORO.AOC.110(c), for wet lease-in of an aircraft from a third country operator;

• (3) ORO.AOC.110(e), for dry lease-out of an aircraft to any operator, except for the cases specified in point ORO.GEN.310 of Annex III;

• (4) relevant requirements of continuing airworthiness and air operations, for dry lease-in of an aircraft registered in the EU and wet lease-in of an aircraft from an EU operator.

• (b)The approval of a wet lease-in agreement shall be suspended or revoked whenever:

• (1) the AOC of the lessor or lessee is suspended or revoked;

• (2) the lessor is subject to an operating ban pursuant to Regulation (EC) No 2111/2005 of the European Parliament and of the Council ([^E0011]);

• (3) the authorisation issued in accordance with Commission Regulation (EU) No 452/2014 ([^E0012]) has been suspended, revoked or surrendered.

• (c)The approval of a dry lease-in agreement shall be suspended or revoked whenever:

• (1) the certificate of airworthiness of the aircraft is suspended or revoked;

• (2) the aircraft is included in the list of operators subject to operational restrictions or it is registered in a State of which all operators under its oversight are subject to an operating ban pursuant to Regulation (EC) No 2111/2005.

• (d)When asked for the prior approval of a dry-lease out agreement in accordance with ORO.AOC.110(e), the competent authority shall ensure:

• (1) proper coordination with the competent authority responsible for the continuing oversight of the aircraft, in accordance with Commission Regulation (EU) No 1321/2014 ([^E0013]), or for the operation of the aircraft, if it is not the same authority;

• (2) that the aircraft is timely removed from the operator's AOC except for the cases specified in point ORO.GEN.310 of Annex III.

• (e)When asked for prior approval of a dry lease-in agreement in accordance with point ORO.AOC.110(d), the competent authority shall ensure proper coordination with the State of Registry of the aircraft as necessary to exercise the oversight responsibilities of the aircraft.

SECTION Ia

Authorisation of high risk commercial specialised operations

ARO.OPS.150   Authorisation of high risk commercial specialised operations

• (a)Upon receiving an application for the issue of a high risk commercial specialised operations authorisation, the competent authority of the operator shall review the operator’s risk assessment documentation and standard operating procedures (SOP), related to one or more planned operations and developed in accordance with the relevant requirements of Annex VIII (Part-SPO).

• (b)When satisfied with the risk assessment and SOP, the competent authority of the operator shall issue the authorisation, as established in Appendix IV. The authorisation may be issued for a limited or for unlimited duration. The conditions under which an operator is authorised to conduct one or more high risk commercial specialised operations shall be specified in the authorisation.

• (c)Upon receiving an application for a change to the authorisation, the competent authority of the operator shall comply with (a) and (b). It shall prescribe the conditions under which the operator may operate during the change, unless the competent authority determines that the authorisation needs to be suspended.

• (d)Upon receiving an application for the renewal of the authorisation, the competent authority of the operator shall comply with (a) and (b). It may take into account the past authorisation process and oversight activities.

• (e)Without prejudice to any additional enforcement measures, when the operator implements changes without having submitted an amended risk assessment and SOP, the competent authority of the operator shall suspend, limit or revoke the authorisation.

• (f)Upon receiving an application for the issue of an authorisation for a cross-border high risk commercial specialised operation, the competent authority of the operator shall review the operator’s risk assessment documentation and standard operating procedures (SOP) in coordination with the competent authority of the place where the operation is planned to be conducted. When both authorities are satisfied with the risk assessment and SOP, the competent authority of the operator shall issue the authorisation.

ARO.OPS.155   Lease agreements

• (a)The competent authority shall approve a lease agreement involving a third country registered aircraft or a third country operator when the SPO operator has demonstrated compliance with ORO.SPO.100.

• (b)The approval of a dry lease-in agreement shall be suspended or revoked whenever the certificate of airworthiness of the aircraft is suspended or revoked.

SECTION II

Approvals

ARO.OPS.200   Specific approval procedure

• (a)Upon receiving an application for the issue of a specific approval or changes thereof, the competent authority shall assess the application in accordance with the relevant requirements of Annex V (Part-SPA) and conduct, where relevant, an appropriate inspection of the operator.

• (b)When satisfied that the operator has demonstrated compliance with the applicable requirements, the competent authority shall issue or amend the approval. The approval shall be specified in:

• (1) the operations specifications, as established in Appendix II, for commercial air transport operations with aeroplanes and helicopters and for innovative air mobility (IAM) operations with VCA; or

• (2) the list of specific approvals, as established in Appendix III, for non-commercial operations and specialised operations.

ARO.OPS.205   Minimum equipment list approval

• (a)When receiving an application for initial approval of a minimum equipment list (MEL) or an amendment thereof from an operator, the competent authority shall assess each item affected, to verify compliance with the applicable requirements, before issuing the approval.

• (b)The competent authority shall approve the operator’s procedure for the extension of the applicable rectification intervals B, C and D, if the conditions specified in ORO.MLR.105(f) are demonstrated by the operator and verified by the competent authority.

• (c)The competent authority shall approve, on a case-by-case basis, the operation of an aircraft outside the constraints of the MEL but within the constraints of the master minimum equipment list (MMEL), if the conditions specified in ORO.MLR.105 are demonstrated by the operator and verified by the competent authority.

ARO.OPS.210   Determination of distance or local area

The competent authority may determine a distance or local area for the purpose of operations.

ARO.OPS.215   Approval of helicopter operations over a hostile environment located outside a congested area

• (a)The Member State shall designate those areas where helicopter operations may be conducted without an assured safe forced landing capability, as described in CAT.POL.H.420.

• (b)Before issuing the approval referred to in CAT.POL.H.420 the competent authority shall have considered the operator’s substantiation precluding the use of the appropriate performance criteria.

ARO.OPS.220   Approval of helicopter operations to or from a public interest site

• (a) Upon receiving an application for the issue of, or changes to, an approval for a helicopter operation to or from a public interest site, the competent authority shall assess the application in accordance with point CAT.POL.H.225 of Annex IV and conduct any additional assessment of the operator as deemed necessary.

• (b) The approval referred to in point CAT.POL.H.225 of Annex IV shall include a list of the public interest site or sites and helicopter type or types specified by the operator and to which the approval applies.

• (c) The approval shall only apply to public interest sites established before 1 July 2002, or to public interest sites established before 28 October 2014 and for which a derogation from point CAT.POL.H.225 of Annex IV granted under Article 6(6) has been notified to the Commission and the Agency.

• (d) If changes to the obstacle environment at a public interest site are notified or discovered, the competent authority shall assess whether the approvals it has granted covering helicopter operations to or from that site remain valid. Where permanent changes to the obstacle environment have a significantly negative safety impact, the following shall apply:
• (1) the competent authority shall limit the privileges of the relevant approvals granted under point CAT.POL.H.225 of Annex IV to exclude helicopter operations to and from that site and remove the site from the list attached to the approval in accordance with point (b);
• (2) the site shall no longer qualify for a public interest site approval under point CAT.POL.H.225 of Annex IV;
• (3) where the new obstacles are removed, operators may apply or reapply for an approval for a helicopter operation under point CAT.POL.H.225 of Annex IV for the particular site.

• (e) The competent authority shall not grant an approval under point CAT.POL.H.225 of Annex IV for a public interest site that was previously operated in performance class 1 following a change in the obstacle environment.

ARO.OPS.224   Approval of fuel/energy schemes for IAM operations

• (a) The competent authority shall approve the fuel/energy scheme proposed by an IAM operator if that operator demonstrates compliance with the requirements of points UAM.OP.VCA.190, UAM.OP.VCA.191,  UAM.OP.VCA.195 and UAM.OP.MVCA.192 of Annex IX.

• (b) In addition, the competent authority shall:
• (1) assess whether the IAM operator’s management system and safety risk management process can support the implementation of the proposed individual fuel/energy scheme; and
• (2) establish an oversight plan to conduct periodic assessments of the IAM operator’s current fuel/energy scheme to verify compliance of the scheme with the applicable requirements or decide whether the scheme should be amended or revoked.

ARO.OPS.225   Approval of fuel/energy schemes – aeroplanes and helicopters

• (a) The competent authority shall approve the fuel/energy scheme proposed by a CAT operator if the operator demonstrates compliance with all applicable requirements laid down in this Regulation related to fuel/energy for aeroplanes or helicopters involved in CAT.

• (b) The competent authority shall assess and oversee the fuel/energy planning and in-flight re-planning, selection of aerodrome and, in-flight fuel/energy management policies associated with the fuel/energy schemes, together with the processes supporting the implementation of these fuel/energy schemes.

• (c) In addition to points (a) and (b), when approving individual fuel/energy schemes, the competent authority shall:
• (1) verify that the operator has demonstrated the baseline safety performance of the current fuel/energy scheme;
• (2) assess the capability of the operator to support the implementation of the proposed individual fuel/energy scheme; the following elements shall be considered as a minimum:
• (i) the operator’s management system,
• (ii) the operator’s operational capabilities;
• (3) verify that the operator’s safety risk assessment that supports the proposed individual fuel/energy scheme achieves an equivalent level of safety to that of the current fuel/energy scheme; and
• (4) establish an oversight plan to carry out periodic assessments of the approved individual fuel/energy scheme to verify compliance of the scheme or decide whether the scheme should be amended or revoked.

• (d) The approval referred to in point CAT.OP.MPA.182 (d)(2) shall include a list of the isolated aerodromes that are specified by the operator for each aircraft type to which the approval applies.

• (e) Without prejudice to points ARO.GEN.120 (d) and (e), the competent authority shall notify the Agency of the start of the evaluation of an alternative means of compliance related to fuel/energy schemes.

ARO.OPS.226   Approval and oversight of evidence-based training programmes

• (a) Where a competent authority grants an approval for EBT programmes, inspectors must receive qualification and training in EBT principles, application, approval processes and continuing oversight.

• (b) The competent authority shall assess and oversee the EBT programme, together with the processes that support the implementation of the EBT programme and its effectiveness.

• (c) Upon receiving an application for the approval of an EBT programme, the competent authority shall:
• (1) ensure the resolution of level 1 findings in the areas that will support the application of the EBT programme;
• (2) assess the capability of the operator to support the implementation of the EBT programme. The following elements shall be considered as a minimum:
• (i) the maturity and capability of the operator’s management system in the areas that will support the application of the EBT programme — in particular, flight crew training;
• (ii) the operator’s EBT programme suitability — the EBT programme shall correspond to the size of the operator, and the nature and complexity of its activities, taking into account the hazards and associated risks inherent in those activities;
• (iii) the adequacy of the operator’s record-keeping system, in particular with regard to flight crew training, checking and qualifications records in particular ORO.GEN.220 and ORO.MLR.115 points (c) and (d);
• (iv) the suitability of the operator’s grading system to assess the pilot competencies;
• (v) the competence and the experience of the instructors and other personnel involved in the EBT programme in the use of the processes and procedures that support the implementation of the EBT programme; and
• (vi) the operator’s EBT implementation plan and a safety risk assessment supporting the EBT programme in order to demonstrate how an equivalent level of safety to that of the current training programme can be achieved.

• (d) The competent authority shall grant an EBT programme approval when the assessment concludes that the compliance with at least ORO.FC.146, ORO.FC.231, and ORO.FC.232 is ensured.

• (e) Without prejudice to ARO.GEN.120 (d) and (e), the competent authority shall notify the Agency when it starts the evaluation of an alternative means of compliance related to EBT.

ARO.OPS.230 Determination of disruptive schedules

For the purpose of flight time limitations, the competent authority shall determine, in accordance with the definitions of ‘early type’ and ‘late type’ of disruptive schedules in point ORO.FTL.105 of Annex III, which of those two types of disruptive schedules shall apply to all CAT operators under its oversight.

ARO.OPS.235 Approval of individual flight time specification schemes

• (a)The competent authority shall approve flight time specification schemes proposed by CAT operators if the operator demonstrates compliance with Regulation (EC) No 216/2008 and Subpart FTL of Annex III to this Regulation.

• (b)Whenever a flight time specification scheme proposed by an operator deviates from the applicable certification specifications issued by the Agency, the competent authority shall apply the procedure described in Article 22(2) of Regulation (EC) No 216/2008.

• (c)Whenever a flight time specification scheme proposed by an operator derogates from applicable implementing rules, the competent authority shall apply the procedure described in Article 14(6) of Regulation (EC) No 216/2008.

• (d)Approved deviations or derogations shall be subject, after being applied, to an assessment to determine whether such deviations or derogations should be confirmed or amended. The competent authority and the Agency shall conduct an independent assessment based on information provided by the operator. The assessment shall be proportionate, transparent and based on scientific principles and knowledge.

ARO.OPS.240   Specific approval of RNP AR APCH

• (a) When compliance with the requirements in SPA.PBN.105 has been demonstrated by the applicant, the competent authority shall grant a generic specific approval or a procedure-specific approval for RNP AR APCH.

• (b) In the case of a procedure-specific approval, the competent authority shall:
• (1) list the approved instrument approach procedures at specific aerodromes in the PBN approval;
• (2) establish coordination with the competent authorities for these aerodromes, if appropriate; and
• (3) take into account possible credits stemming from RNP AR APCH specific approvals already issued to the applicant.

SECTION III

Oversight of operations

ARO.OPS.300   Introductory flights

The competent authority may establish additional conditions for introductory flights carried out in accordance with Part-NCO in the territory of the Member State. Such conditions shall ensure safe operations and be proportionate.

SUBPART RAMP

RAMP INSPECTIONS OF AIRCRAFT OF OPERATORS UNDER THE REGULATORY OVERSIGHT OF ANOTHER STATE

ARO.RAMP.005   Scope

This Subpart establishes the requirements to be followed by the competent authority or the Agency when exercising its tasks and responsibilities regarding the performance of ramp inspections of aircraft used by third country operators or used by operators under the regulatory oversight of another Member State when landed at aerodromes located in the territory subject to the provisions of the Treaty.

ARO.RAMP.100   General

• (a)Aircraft, as well as their crew, shall be inspected against the applicable requirements.

• (b)In addition to conducting ramp inspections included in its oversight programme established in accordance with ARO.GEN.305, the competent authority shall perform a ramp inspection of an aircraft suspected of not being compliant with the applicable requirements.

• (c)Within the development of the oversight programme established in accordance with ARO.GEN.305, the competent authority shall establish an annual programme for the conduct of ramp inspections of aircraft. This programme shall:

• (1) be based on a calculation methodology that takes into account historical information on the number and nature of operators and their number of landings at its aerodromes, as well as safety risks; and

• (2) enable the competent authority to give priority to the inspections of aircraft on the basis of the list referred to in ARO.RAMP.105(a).

• (d)When it so deems necessary, the Agency, in cooperation with the Member States in whose territory the inspection shall take place, shall conduct ramp inspections of aircraft to verify compliance with the applicable requirements for the purpose of:

• (1) certification tasks assigned to the Agency by Regulation (EC) No 216/2008;

• (2) standardisation inspections of a Member State; or

• (3) inspections of an organisation to verify compliance with the applicable requirements in potentially unsafe situations.

ARO.RAMP.105   Prioritisation criteria

• (a)The Agency shall provide competent authorities with a list of operators or aircraft identified as presenting a potential risk, for the prioritisation of ramp inspections.

• (b)This list shall include:

• (1) operators of aircraft identified on the basis of the analysis of available data in accordance with ARO.RAMP.150(b)(4);

• (2) operators or aircraft communicated to the Agency by the European Commission and identified on the basis of:
• (i) an opinion expressed by the Air Safety Committee (ASC) within the context of the implementation of Regulation (EC) No 2111/2005 that further verification of effective compliance with relevant safety standards through systematic ramp inspections is necessary; or
• (ii) information obtained by the European Commission from the Member States pursuant to Article 4(3) of Regulation (EC) No 2111/2005;