Commission Implementing Regulation (EU) 2019/1387 of 1 August 2019 amending Regulation (EU) No 965/2012 as regards requirements for aeroplane landing performance calculations and the standards for assessing the runway surface conditions, update on certain aircraft safety equipment and requirements and operations without holding an extended range operational approval

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1387

of 1 August 2019

amending Regulation (EU) No 965/2012 as regards requirements for aeroplane landing performance calculations and the standards for assessing the runway surface conditions, update on certain aircraft safety equipment and requirements and operations without holding an extended range operational approval

Article 1

Amendments to Regulation (EU) No 965/2012

(1) Article 9aa is replaced by the following: ‘Article 9aa Flight crew requirements for maintenance check flights A pilot having acted, before 25 September 2019, as a pilot-in-command on a maintenance check flight that in accordance with the definition in point SPO.SPEC.MCF.100 in Annex VIII is categorised as a Level A maintenance check flight, shall be given credit for the purpose of complying with point SPO.SPEC.MCF.115(a)(1) of that Annex. In that case, the operator shall ensure that the pilot-in-command receives a briefing on any differences identified between the operating practices established before 25 September 2019 and the obligations provided in Section 5 of Subpart E of Annex VIII to this Regulation including those derived from the related procedures established by the operator.’;

(2) Annexes I, II, III, IV, V, VI, VII and VIII to Regulation (EU) No 965/2012 are amended in accordance with the Annex to this Regulation.

Article 2

Date of entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

The following points of the Annex shall apply from 25 September 2019:

— point (4)(a);

— point (6)(b);

— point (8)(b).

The following points of point (4) of the Annex shall apply from  12 August 2021:

— point (c);

— point (d);

— point (e);

— point (f);

— point (g);

— point (n);

— point (q).

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

Annexes I, II, III, IV, VI, VII and VIII to Regulation (EU) No 965/2012 are amended as follows:

(1) Annex I (Definitions for terms used in Annexes II to VIII) is amended as follows: (a) the following point (22a) is inserted: ‘(22a) “cockpit voice recorder (CVR)” means a crash-protected flight recorder that uses a combination of microphones and other audio and digital inputs to collect and record the aural environment of the flight crew compartment and communications to, from and between the flight crew members;’; (b) point (25) is replaced by the following: ‘(25) “contaminated runway” means a runway of which a significant portion of its surface area (whether in isolated areas or not) within the length and width being used is covered by one or more of the substances listed under the runway surface condition descriptors;’; (c) point (32) is deleted; (d) point (42) is replaced by the following: ‘(42) “dry runway” means a runway whose surface is free of visible moisture and not contaminated within the area intended to be used;’; (e) the following point (49b) is inserted: ‘(49b) “flight data recorder (FDR)” means a crash-protected flight recorder that uses a combination of data sources to collect and record parameters that reflect the state and performance of the aircraft;’; (f) the following point (49c) is inserted: ‘(49c) “flight recorder” means any type of recorder that is installed on the aircraft for the purpose of facilitating accident or incident safety investigations;’; (g) the following point (70a) is inserted: ‘(70a) “landing distance at time of arrival (LDTA)” means a landing distance that is achievable in normal operations based on landing performance data and associated procedures determined for the prevailing conditions at the time of landing;’; (h) the following point (103c) is inserted: ‘(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;’; (i) the following point (107a) is inserted: ‘(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;’; (j) point (128) is replaced by the following: ‘(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;’;

(2) in Annex II (Part-ARO), Appendix II is replaced by the following: ‘Appendix II OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual) Issuing Authority Contact Details Telephone (¹): …; Fax …; Email: … AOC (²): Operator Name (³): Date (⁴): Signature: Dba Trading Name Operations Specifications #: Aircraft Model (⁵): Registration Marks (⁶): Types of operations: Commercial operations □Passengers □Cargo □Others (⁷): … Area of operation (⁸): Special Limitations (⁹): Specific Approvals: Yes No Specification (¹⁰) Remarks Dangerous Goods □ □ Low Visibility Operations

CAT (¹¹) … Take-off

RVR (¹²): m Approach and Landing □ □ DA/H: ft RVR: m RVSM (¹³) □N/A □ □ ETOPS (¹⁴) □N/A □ □ Maximum Diversion Time (¹⁵): min. Complex navigation specifications for PBN operations (¹⁶) □ □

(¹⁷) Minimum navigation performance specification □ □ Operations of single-engined turbine aeroplane at night or in IMC (SET-IMC) □ □ (¹⁸) Helicopter operations with the aid of night vision imaging systems □ □ Helicopter hoist operations □ Helicopter emergency medical service operations □ □ Helicopter offshore operations □ □ Cabin crew training (¹⁹) □ □ Issue of CC attestation (²⁰) □ □ Use of type B EFB applications □ □ (²¹) Continuing airworthiness □ □ (²²) Others (²³) (¹)Telephone and fax contact details of the competent authority, including the country code. Email to be provided if available. (²)Insertion of associated air operator certificate (AOC) number. (³)Insertion of the operator's registered name and the operator's trading name, if different. Insert “Dba” before the trading name (for “Doing business as”). (⁴)Issue date of the operations specifications (dd-mm-yyyy) and signature of the competent authority representative. (⁵)Insertion of ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232). (⁶)Either the registration marks are listed in the operations specifications or in the operations manual. In the latter case, the related operations specifications must make a reference to the related page in the operations manual. In case not all specific approvals apply to the aircraft model, the registration marks of the aircraft may be entered in the remark column to the related specific approval. (⁷)Other type of transportation to be specified (e.g. emergency medical service). (⁸)Listing of geographical areas of authorised operation (by geographical coordinates or specific routes, flight information region, or national or regional boundaries). (⁹)Listing of applicable special limitations (e.g. VFR only, Day only, etc.). (¹⁰)List in this column the most permissive criteria for each approval or the approval type (with appropriate criteria). (¹¹)Insertion of applicable precision approach category: LTS CAT I, CAT II, OTS CAT II, CAT IIIA, CAT IIIB or CAT IIIC. Insertion of minimum runway visual range (RVR) in meters and decision height (DH) in feet. One line is used per listed approach category. (¹²)Insertion of approved minimum take-off RVR in metres. One line per approval may be used if different approvals are granted. (¹³)The Not Applicable (N/A) box may be checked only if the aircraft maximum ceiling is below FL290. (¹⁴)Extended range operations (ETOPS) currently applies only to two-engined aircraft. Therefore, the not applicable (N/A) box may be checked if the aircraft model has less or more than two engines. (¹⁵)The threshold distance may also be listed (in NM), as well as the engine type. (¹⁶)Performance-based navigation (PBN): one line is used for each complex PBN specific approval (e.g. RNP AR APCH), with appropriate limitations listed in the “Specifications” or “Remarks” columns, or in both. Procedure-specific approvals of specific RNP AR APCH procedures may be listed in the operations specifications or in the operations manual. In the latter case, the related operations specifications must have a reference to the related page in the operations manual. (¹⁷)Specify if the specific approval is limited to certain runway ends or aerodromes, or both. (¹⁸)Insertion of the particular airframe or engine combination. (¹⁹)Approval to conduct the training course and examination to be completed by applicants for a cabin crew attestation as specified in Annex V (Part-CC) to Regulation (EU) No 1178/2011. (²⁰)Approval to issue cabin crew attestations as specified in Annex V (Part-CC) to Regulation (EU) No 1178/2011. (²¹)Insertion of the list of type B EFB applications together with the reference of the EFB hardware (for portable EFBs). Either this list is contained in the operations specifications or in the operations manual. In the latter case, the related operations specifications must make a reference to the related page in the operations manual. (²²)The name of the person or organisation responsible for ensuring that the continuing airworthiness of the aircraft is maintained and a reference to the regulation that requires the work, i.e. Subpart G of Annex I (Part-M) to Regulation (EU) No 1321/2014. (²³)Other approvals or data may be entered here, using one line (or one multi-line block) per authorisation (e.g. short landing operations, steep approach operations, reduced required landing distance, helicopter operations to or from a public interest site, helicopter operations over a hostile environment located outside a congested area, helicopter operations without a safe forced landing capability, operations with increased bank angles, maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval). EASA FORM 139 Issue 6’

(3) Annex III (Part-ORO) is amended as follows: (a) point ORO.GEN.310(f)(3) is replaced by the following: ‘(3)that any defect or technical malfunction occurring while the aircraft is under its operational control is reported to the organisation referred in point (d);’; (b) point ORO.SEC.100 is replaced by the following: ‘ORO.SEC.100   Flight crew compartment security — aeroplanes (a) In an aeroplane which is equipped with a secure flight crew compartment door, that door shall be capable of being locked, and means shall be provided by which the cabin crew can notify the flight crew in the event of suspicious activity or security breaches in the cabin. (b) All passenger-carrying aeroplanes that are engaged in the commercial transportation of passengers shall be equipped with an approved secure flight crew compartment door that is capable of being locked and unlocked from either pilot's station and designed to meet the applicable airworthiness requirements, where such airplanes fall within any of the following categories: (1) aeroplanes with an MCTOM that exceeds 54 500 kg; (2) aeroplanes with an MCTOM that exceeds 45 500 kg and have an MOPSC of more than 19; or (3) aeroplanes with an MOPSC of more than 60. (c) In all aeroplanes which are equipped with a secure flight crew compartment door in accordance with point (b): (1) that door shall be closed prior to engine start for take-off and shall be locked when required so by security procedures or by the pilot-in-command until engine shutdown after landing, except when deemed to be necessary for authorised persons to access or egress in compliance with national civil aviation security programmes; (2) means shall be provided for monitoring from either pilot's station the entire door area outside the flight crew compartment to identify persons that request to enter and to detect suspicious behaviour or potential threat.’;