LegalizeCommission Regulation (EU) No 800/2013 of 14 August 2013 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council Text with EEA relevance
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Articles 8(5) thereof,
Whereas:
(1) Operators and personnel involved in the operation of certain aircraft have to comply with the relevant essential requirements set out in Annex IV to Regulation (EC) No 216/2008.
(2) Regulation (EC) No 216/2008 requires, unless otherwise determined in the implementing rules, that operators engaged in the non-commercial operations of complex motor-powered aircraft shall declare their capability and means of discharging their responsibilities associated with the operation of those aircraft.
(3) In accordance with Regulation (EC) No 216/2008 the Commission should adopt the necessary implementing rules for establishing the conditions for the safe operation of aircraft.
(4) The present Regulation amends Commission Regulation (EU) No 965/2012 (2) to include particular aspects related to non-commercial operations.
(5) In order to ensure a smooth transition and a high level of civil aviation safety in the European Union, implementing measures should reflect the state of the art, including best practices, and scientific and technical progress in the field of air operations. Accordingly, technical requirements and administrative procedures agreed under the auspices of the International Civil Aviation Organisation (hereinafter ‘ICAO’) and the European Joint Aviation Authorities until 30 June 2009 as well as existing legislation pertaining to a specific national environment, should be considered.
(6) It is necessary to provide sufficient time for the aeronautical industry and Member States’ administrations to adapt to the new regulatory framework.
(7) The European Aviation Safety Agency prepared draft implementing rules and submitted them as an opinion to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 965/2012 is amended as follows:
(1) in Article 1(1), ‘and non-commercial operations with aeroplanes, helicopters, balloons and sailplanes’ shall be inserted after ‘commercial air transport operations with aeroplanes and helicopters’;
(2) in Article 1, paragraph 3 shall be renumbered to paragraph 5 and the following new paragraphs 3 and 4 shall be added: ‘3. This Regulation also lays down detailed rules for non-commercial operations and the conditions and procedures for the declaration by and for the oversight of operators engaged in the non-commercial operation of complex motor-powered aircraft.
Other air operations including operations where an aircraft is used to undertake specialised tasks or services shall continue to be conducted in accordance with applicable national legislation until the related implementing rules are adopted and apply.’;
(4) in Article 5(2), the word ‘CAT’ shall be deleted from the first sentence;
(5) in Article 5(2)(b), ‘aeroplanes and helicopters’ shall be replaced by ‘aeroplanes, helicopters, balloons and sailplanes’;
(7) in Article 6, a new paragraph 7 shall be added: ‘7. By way of derogation from SPA.PBN.100 PBN of Annex V non-commercial operations with other-than-complex motor-powered aeroplanes in designated airspace, on routes or in accordance with procedures where performance-based navigation (PBN) specification are established shall continue to be operated under the conditions set out in Member States’ national law until the related implementing rules are adopted and apply.’;
(11) in Annex II, ARO.GEN.200(c), ‘or making declarations to’ shall be inserted after ‘certified by’;
(13) in Annex II, ARO.GEN.220(b), ‘and declarations it received’ shall be added in the end;
(17) in Annex II, ARO.GEN.350(b) and (c), ‘or with the content of a declaration’ shall be inserted after ‘certificate’;
(18) in Annex II, ARO.GEN.350(e), ‘or declaring its activity to’ shall be inserted after ‘certified by’;
(20) in Annex II, a new Appendix V entitled ‘List of specific approvals’ as set out in Annex I to this Regulation shall be inserted;
(21) in Annex III, ORO.GEN.005, ‘or non-commercial operations with complex motor-powered aircraft’ shall be added in the end;
(22) in Annex III, ORO.GEN.105, ‘or declaration’ shall be inserted after ‘certification’;
(23) in Annex III, ORO.GEN.110(a) and (c), ‘or declaration’ shall be inserted after ‘certificate’;
(25) in Annex III, ORO.GEN.140(a), ‘or declaration’ shall be added after ‘certification’;
(29) in Annex III, ORO.MLR.101 shall be entitled: ‘Operations manual — structure for commercial air transport’;
(32) in Annex III, after ORO.FC.005, a new Section entitled ‘Section 1 — Common requirements’ shall be inserted;
(33) in Annex III, ORO.FC.105(a), ‘pilot-in-command/commander’ shall be replaced by ‘pilot-in-command or, for commercial air transport operations, as commander;’
(34) in Annex III, ORO.FC.145(c), ‘In the case of commercial air transport operations,’ shall be added in the beginning;
(35) in Annex III, after ORO.FC.145, a new Section entitled ‘Section 2 — Additional requirements for commercial air transport operations’ shall be inserted;
(37) in Annex III, Subpart CC, Section 1 shall be entitled: ‘Common requirements’;
(38) in Annex III, a new Appendix entitled ‘Declaration’ as set out in Annex II to this Regulation shall be added;
(41) in Annex V, SPA.DG.100, ‘Annex VI (Part-NCC) and Annex VII (Part-NCO)’ shall be inserted after ‘Annex IV (Part-CAT)’;
(42) new Annex VI (Part-NCC) and Annex VII (Part-NCO) as set out in Annex III and Annex IV respectively to this Regulation shall be inserted.
Article 2
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 25 August 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 August 2013.
For the Commission The President José Manuel BARROSO
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