Commission Implementing Regulation (EU) 2021/1296 of 4 August 2021 amending and correcting Regulation (EU) No 965/2012 as regards the requirements for fuel/energy planning and management, and as regards requirements on support programmes and psychological assessment of flight crew, as well as testing of psychoactive substances (Text with EEA relevance)

• (c) For aeroplanes, any special refuelling or defuelling procedures and any change to them shall require prior approval by the competent authority.

• (d) For helicopters, refuelling procedures with rotors turning and any change to them shall require prior approval by the competent authority.’;

• (p) point CAT.OP.MPA.245 (a)(1) is replaced by the following:

• ‘(1) commence the flight; or’;

• (q) point CAT.OP.MPA.246 (a) is replaced by the following:

• ‘(a) the decision point when using the reduced contingency fuel/energy procedure; or’;

• (r) point CAT.OP.MPA.260 is replaced by the following:

‘CAT.OP.MPA.260 Fuel/energy and oil supply

The commander shall only commence a flight or continue in the event of in-flight re-planning, when satisfied that the aircraft carries at least the planned amount of usable fuel/energy and oil to safely completethe flight, taking into account the expected operating conditions.’;

• (s) point CAT.OP.MPA.280 ‘In-flight fuel management – aeroplanes’ is replaced by the following:

‘CAT.OP.MPA.280

[INTENTIONALLY LEFT BLANK].’;

• (t) point CAT.OP.MPA.281 is deleted;

• (u) point CAT.POL.A.220 (f) is replaced by the following:

• ‘(f) The expected mass of the aeroplane at the point where the two engines are assumed to fail shall not be less than that which would include sufficient fuel/energy to proceed to an aerodrome where the landing is assumed to be made, and to arrive there at an altitude of at least 1 500 ft (450 m) directly over the landing area, and thereafter, to fly for 15 minutes at cruising power or thrust, as appropriate.’;

• (v) point CAT.POL.A.420 (d) is replaced by the following::

• ‘(d) The expected mass of the aeroplane at the point where the two engines are assumed to fail shall not be less than that which would include sufficient fuel/energy to proceed to an aerodrome where the landing is assumed to be made, and to arrive there at an altitude of at least 1 500 ft (450 m) directly over the landing area, and thereafter, to fly for 15 minutes at cruising power or thrust, as appropriate.’;

• (w) point CAT.IDE.A.195 (e) is replaced by the following:

• ‘(e) The requirements applicable to the start and stop logic of the data link recorder are the same as the requirements applicable to the start and stop logic of the cockpit voice recorder (CVR) that are contained in point CAT.IDE.A.185.’;

• (5) Annex V is amended as follows:

• (a) point SPA.HEMS.150 is replaced by the following:

‘SPA.HEMS.150 Fuel/energy supply – alleviation

As an alternative to points CAT.OP.MPA.191 (b), (c), and (d), when the helicopter emergency medical services (HEMS) mission is conducted under visual flight rules (VFR) within a local and defined geographical area, the fuel/energy policy shall ensure that on completion of the mission, the final reserve fuel/energy is sufficient for:

• (a) 30-minute flying time at best-range speed; or

• (b) 20-minute flying time at best-range speed by day, when operating within an area providing continuous and suitable operating sites.’;

• (b) point SPA.HEMS.155 is replaced by the following:

‘SPA.HEMS.155 Refuelling with passengers on board

A refuelling procedure with either rotors stopped or rotors turning shall be provided in accordance with point CAT.OP.MPA.200 ‘Special refuelling or defuelling of the aircraft.’;

• (c) point SPA.HOFO.120 (a) is replaced by the following:

• ‘(a) Onshore destination alternate aerodrome. By way of derogation from points CAT.OP.MPA.192, NCC.OP.152, and SPO.OP.151, the pilot-in-command/commander does not need to specify a destination alternate aerodrome in the operational flight plan when conducting flights from an offshore location to a land aerodrome if either:

• (1) the destination aerodrome is defined as a coastal aerodrome, or

• (2) the following criteria are met:

• (i) the destination aerodrome has a published instrument approach;

• (ii) the flight time is less than 3 hours; and

• (iii) the published weather forecast valid from 1 hour prior and 1 hour subsequent to the expected landing time specifies that:

• (A) the cloud base is at least 700 feet above the minima associated with the instrument approach, or 1 000 feet above the destination aerodrome, whichever is higher; and

• (B) visibility is at least 2 500 meters.’;

• (d) point SPA.SET-IMC.110 (l) is replaced by the following:

• ‘(l) an emergency engine power control device that permits continuing operation of the engine at a sufficient power range to safely complete the flight in the event of any reasonably probable failure of the fuel/energy control unit.’

• (6) Annex VI is amended as follows:

• (a) point NCC.OP.105 is replaced by the following:

‘NCC.OP.105 Specification of isolated aerodromes – aeroplanes

For the selection of alternate aerodromes and the fuel/energy planning and in-flight re-planning policy, the operator shall not consider an aerodrome as an isolated aerodrome unless the flying time to the nearest weather-permissible destination alternate aerodrome is more than:

• (a) for aeroplanes with reciprocating engines, 60 minutes; or

• (b) for turbine-engined aeroplanes, 90 minutes.’;

• (b) points NCC.OP.130 and NCC.OP.131 are replaced by the following:

‘NCC.OP.130 Fuel/energy scheme – aeroplanes and helicopters

• (a) The operator shall establish, implement, and maintain a fuel/energy scheme that comprises:

• (1) a fuel/energy planning and in-flight re-planning policy; and

• (2) an in-flight fuel/energy management policy.

• (b) The fuel/energy scheme shall:

• (1) be appropriate for the type(s) of operation performed; and

• (2) correspond to the capability of the operator to support its implementation.

NCC.OP.131 Fuel/energy scheme – fuel/energy planning and in-flight re-planning policy – aeroplanes and helicopters

• (a) As part of the fuel/energy scheme, the operator shall establish a fuel/energy planning and in-flight re-planning policy to ensure that the aircraft carries a sufficient amount of usable fuel/energy to safely complete the planned flight and to allow for deviations from the planned operation.

• (b) The operator shall ensure that the fuel/energy planning of flights is based upon at least the following elements:

• (1) procedures contained in the operations manual as well as:

• (i) current aircraft-specific data derived from a fuel/energy consumption monitoring system, or, if not available;

• (ii) data provided by the aircraft manufacturer; and

• (2) the operating conditions under which the flight is to be conducted including:

• (i) aircraft fuel/energy consumption data;

• (ii) anticipated masses;

• (iii) anticipated meteorological conditions;

• (iv) the effects of deferred maintenance items or configuration deviations, or both; and

• (v) anticipated delays.

• (c) For aeroplanes, the operator shall ensure that the pre-flight calculation of the usable fuel/energy that is required for a flight includes:

• (1) taxi fuel/energy that shall not be less than the amount expected to be used prior to take-off;

• (2) trip fuel/energy that shall be the amount of fuel/energy that is required to enable the aeroplane to fly from take-off, or from the point of in-flight re-planning, to landing at the destination aerodrome;

• (3) contingency fuel/energy that shall be the amount of fuel/energy required to compensate for unforeseen factors;

• (4) destination alternate fuel/energy:

• (i) when a flight is operated with at least one destination alternate aerodrome, it shall be the amount of fuel/energy required to fly from the destination aerodrome to the destination alternate aerodrome; or

• (ii) when a flight is operated with no destination alternate aerodrome, it shall be the amount of fuel/energy required to hold at the destination aerodrome to compensate for the lack of a destination alternate aerodrome;

• (5) final reserve fuel/energy that shall be the amount of fuel/energy that is calculated at holding speed at 1 500 ft (450 m) above the aerodrome elevation in standard conditions according to the aircraft estimated mass on arrival at the destination alternate aerodrome, or destination aerodrome when no destination alternate aerodrome is required, and shall not be less than:

• (i) for aeroplanes with reciprocating engines on visual flight rules (VFR) flights by night and instrument flight rules (IFR) flights, the fuel/energy to fly for 45 minutes; or

• (ii) for aeroplanes with reciprocating engines on VFR flights by day, the fuel/energy to fly for 30 minutes;

• (iii) for turbine-engined aeroplanes, the fuel/energy to fly for 30 minutes;

• (6) additional fuel/energy, if required by the type of operation; it shall be the amount of fuel/energy to enable the aeroplane to perform a safe landing at a fuel/energy en route alternate aerodrome (fuel/energy ERA aerodrome critical scenario) in the event of an engine failure or loss of pressurisation, whichever requires the greater amount of fuel/energy, based on the assumption that such a failure occurs at the most critical point along the route; this additional fuel/energy is required only if the minimum amount of fuel/energy that is calculated according to points (c)(2) to (c)(5) is not sufficient for such an event;

• (7) extra fuel/energy to take into account anticipated delays or specific operational constraints; and

• (8) discretionary fuel/energy, if required by the commander.

• (d) For helicopters, the operator shall ensure that the pre-flight calculation of the usable fuel/energy that is required for a flight includes all of the following:

• (1) fuel/energy to fly to the aerodrome or operating site of intended landing;

• (2) if a destination alternate is required, destination alternate fuel/energy, which shall be the amount of fuel/energy that is required to execute a missed approach at the aerodrome or operating site of intended landing, and thereafter, to fly to the specified destination alternate, approach and land; and

• (3) final reserve fuel/energy, which shall not be less than:

• (i) for flights under VFR, fuel/energy to fly for at least 20 minutes at best-range speed; or

• (ii) for IFR flights, fuel/energy to fly for at least 30 minutes at holding speed at 450 m (1 500 ft) above the aerodrome or operating site of intended landing or destination alternate in standard temperature conditions.

• (e) The operator shall ensure that if a flight has to proceed to a destination aerodrome other than the one originally planned, in-flight re-planning procedures for calculating the required usable fuel/energy are available and comply with points (c)(2) to (c)(7) for aeroplanes, and point (d) for helicopters.

• (f) The pilot in command shall only commence a flight or continue in the event of in-flight re-planning, when satisfied that the aircraft carries at least the planned amount of usable fuel/energy and oil to safely complete the flight.’;

• (c) point NCC.OP.151 (b) is replaced by the following:

• ‘(b) the place of intended landing is designated as an isolated aerodrome and:

• (1) an instrument approach procedure is prescribed for the aerodrome of intended landing; and

• (2) available current meteorological information indicates that the following meteorological conditions will exist from 2 hours before to 2 hours after the estimated time of arrival:

• (i) a cloud base of at least 300 m (1 000 ft) above the minimum associated with the instrument approach procedure; and

• (ii) visibility of at least 5,5 km or of 4 km more than the minimum associated with the procedure.’;

• (d) point NCC.OP.155 (b) is replaced by the following:

• ‘(b) For all other types of fuel/energy, necessary precautions shall be taken and the aircraft shall be properly manned by qualified personnel ready to initiate and direct an evacuation of the aircraft by the most practical and expeditious means available.’;

• (e) the following point NCC.OP.157 is inserted:

‘NCC.OP.157 Refuelling with engine(s)and/or rotors turning – helicopters

• (a) Refuelling with engine(s) and/or rotors turning shall only be conducted:

• (1) with no passengers embarking or disembarking;

• (2) if the operator of the aerodrome/operating site allows such operations;

• (3) in accordance with any specific procedures and limitations in the aircraft flight manual (AFM);

• (4) with JET A or JET A-1 fuel types; and

• (5) in the presence of the appropriate rescue and firefighting (RFF) facilities or equipment.

• (b) The operator shall assess the risks associated with refuelling with engine(s) and/or rotors turning.

• (c) The operator shall establish appropriate procedures to be followed by all involved personnel, such as crew members and ground operations personnel.

• (d) The operator shall train its crew members and ensure that the involved ground operations personnel is trained appropriately.

• (e) The operator shall ensure that the helicopter refuelling procedure with engine(s) and/or rotors turning are specified in the operations manual. This procedure and any change thereto shall require prior approval by the competent authority.’;

• (f) point NCC.OP.205 is replaced by the following:

‘NCC.OP.205 Fuel/energy scheme – in-flight fuel/energy management policy

• (a) The operator shall establish procedures to ensure that in-flight fuel/energy checks and fuel/energy management are performed.

• (b) The pilot-in-command shall monitor the amount of usable fuel/energy remaining on board to ensure that it is protected and not less than the fuel/energy that is required to proceed to an aerodrome or operating site where a safe landing can be made.

• (c) The pilot-in-command shall advise air traffic control (ATC) of a ‘minimum fuel/energy’ state by declaring ‘MINIMUM FUEL’ when the pilot-in-command has:

• (1) committed to land at a specific aerodrome or operating site; and

• (2) calculated that any change to the existing clearance to that aerodrome or operating site, or other air traffic delays, may result in landing with less than the planned final reserve fuel/energy.

• (d) The pilot-in-command shall declare a situation of ‘fuel/energy emergency’ by broadcasting ‘MAYDAY MAYDAY MAYDAY FUEL’ when the usable fuel/energy estimated to be available upon landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve fuel/energy.’;

• (g) in point NCC.POL.110 (a), points (6), (7), (8) and (9) are replaced by the following:

• ‘(6) mass of the fuel/energy at take-off and mass of trip fuel/energy;

• (7) mass of consumables other than fuel/energy, if applicable;

• (8) load components including passengers, baggage, freight, and ballast;

• (9) take-off mass, landing mass, and zero fuel/energy mass;’;

• (7) Annex VII is amended as follows:

• (a) point NCO.OP.105 is replaced by the following:

‘NCO.OP.105 Specification of isolated aerodromes – aeroplanes

‘For the selection of alternate aerodromes and the fuel/energy supply, the pilot-in-command shall not consider an aerodrome as an isolated aerodrome unless the flying time to the nearest weather-permissible destination alternate aerodrome is more than:

• (a) for aeroplanes with reciprocating engines, 60 minutes; or

• (b) for turbine-engined aeroplanes, 90 minutes.’;

• (b) point NCO.OP.125 is replaced by the following:

‘NCO.OP.125 Fuel/energy and oil supply – aeroplanes and helicopters

• (a) The pilot-in-command shall ensure that the quantity of fuel/energy and oil that is carried on board is sufficient, taking into account the meteorological conditions, any element affecting the performance of the aircraft, any delays that are expected in flight, and any contingencies that may reasonably be expected to affect the flight.

• (b) The pilot-in-command shall plan a quantity of fuel/energy to be protected as final reserve fuel/energy to ensure a safe landing. The pilot-in-command shall take into account all of the following, and in the following order of priority, to determine the quantity of the final reserve fuel/energy:

• (1) the severity of the hazard to persons or property that may result from an emergency landing after fuel/energy starvation; and

• (2) the likelihood of unexpected circumstances that the final reserve fuel/energy may no longer be protected.

• (c) The pilot-in-command shall commence a flight only if the aircraft carries sufficient fuel/energy and oil:

• (1) when no destination alternate is required, to fly to the aerodrome or operating site of intended landing, plus the final reserve fuel/energy; or

• (2) when a destination alternate is required, to fly to the aerodrome or operating site of intended landing, and thereafter, to an alternate aerodrome, plus the final reserve fuel/energy.’;

• (c) point NCO.OP.126 ‘is deleted;

• (d) point NCO.OP.145 (b) is replaced by the following:

• ‘(b) For all other types of fuel/energy, the aircraft shall not be refuelled when passengers are embarking, on board or disembarking, unless it is attended by the pilot-in-command or other qualified personnel ready to initiate and direct an evacuation of the aircraft by the most practical and expeditious means available.’;

• (e) the following point NCO.OP.147 is inserted:

‘NCO.OP.147 Refuelling with engine(s)and/or rotors turning – helicopters

Refuelling with engine(s) and/or rotors turning shall only be conducted if all those conditions are met simultaneously:

• (a) if it is not practical to shut down or restart the engine;

• (b) in accordance with any specific procedures and limitations in the aircraft flight manual (AFM);

• (c) with JET A or JET A-1 fuel types;

• (d) with no passengers or task specialists on board, embarking or disembarking;

• (e) if the operator of the aerodrome or operating site allows such operations;

• (f) in the presence of the appropriate rescue and firefighting (RFF) facilities or equipment; and

• (g) in accordance with a checklist that shall contain:

• (1) normal and contingency procedures;

• (2) the required equipment;

• (3) any limitations; and

• (4) responsibilities and duties of the pilot-in-command and, if applicable, crew members and task specialists.’;

• (f) point NCO.OP.185 is replaced by the following:

‘NCO.OP.185 In-flight fuel/energy management

• (a) The pilot-in-command shall monitor the amount of usable fuel/energy remaining on board to ensure that it is protected and not less than the fuel/energy that is required to proceed to an aerodrome or operating site where a safe landing can be made.

• (b) The pilot-in-command of a controlled flight shall advise air traffic control (ATC) of a ‘minimum fuel/energy’ state by declaring ‘MINIMUM FUEL’ when the pilot-in-command has:

• (1) committed to land at a specific aerodrome or operating site; and

• (2) calculated that any change to the existing clearance to that aerodrome or operating site, or other air traffic delays, may result in landing with less than the planned final reserve fuel/energy.

• (c) The pilot-in-command of a controlled flight shall declare a situation of ‘fuel/energy emergency’ by broadcasting ‘MAYDAY MAYDAY MAYDAY FUEL’ when the usable fuel/energy estimated to be available upon landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve fuel/energy.’;

• (g) points NCO.SPEC.135 and NCO.SPEC.140 are deleted;

• (8) Annex VIII is amended as follows:

• (a) point SPO.OP.105 is replaced by the following:

‘SPO.OP.105 Specification of isolated aerodromes – aeroplanes

For the selection of alternate aerodromes and the fuel/energy planning and in-flight re-planning policy, the operator shall not consider an aerodrome as an isolated aerodrome unless the flying time to the nearest weather-permissible destination alternate aerodrome is more than:

• (a) for aeroplanes with reciprocating engines, 60 minutes; or

• (b) for turbine-engined aeroplanes, 90 minutes.’;

• (b) points SPO.OP.130 and SPO.OP.131 are replaced by the following:

‘SPO.OP.130 Fuel/energy scheme – aeroplanes and helicopters

• (a) The operator shall establish, implement, and maintain a fuel/energy scheme that comprises:

• (1) a fuel/energy planning and in-flight re-planning policy; and

• (2) an in-flight fuel/energy management policy.

• (b) The fuel/energy scheme shall:

• (1) be appropriate for the type(s) of operation performed; and

• (2) correspond to the capability of the operator to support its implementation.

SPO.OP.131 Fuel/energy scheme – fuel/energy planning and in-flight re-planning policy – aeroplanes and helicopters

• (a) As part of the fuel/energy scheme, the operator shall establish a fuel/energy planning and in-flight re-planning policy to ensure that the aircraft carries a sufficient amount of usable fuel/energy to safely complete the planned flight and to allow for deviations from the planned operation.

• (b) The operator shall ensure that the fuel/energy planning of flights is based upon at least the following elements:

• (1) procedures contained in the operations manual as well as:

• (i) current aircraft-specific data derived from a fuel/energy consumption monitoring system or, if not available;

• (ii) data provided by the aircraft manufacturer; and

• (2) the operating conditions under which the flight is to be conducted including:

• (i) aircraft fuel/energy consumption data;

• (ii) anticipated masses;

• (iii) anticipated meteorological conditions;

• (iv) the effects of deferred maintenance items and/or configuration deviations; and

• (v) anticipated delays.

• (c) For aeroplanes, the operator shall ensure that the pre-flight calculation of the usable fuel/energy that is required for a flight includes:

• (1) taxi fuel/energy that shall not be less than the amount expected to be used prior to take-off;

• (2) trip fuel/energy that shall be the amount of fuel/energy that is required to enable the aeroplane to fly from take-off, or from the point of in-flight re-planning, to landing at the destination aerodrome;

• (3) contingency fuel/energy that shall be the amount of fuel/energy required to compensate for unforeseen factors;

• (4) destination alternate fuel/energy

• (i) when a flight is operated with at least one destination alternate aerodrome, it shall be the amount of fuel/energy required to fly from the destination aerodrome to the destination alternate aerodrome; or

• (ii) when a flight is operated with no destination alternate aerodrome, it shall be the amount of fuel/energy required to hold at the destination aerodrome to compensate for the lack of a destination alternate aerodrome;

• (5) final reserve fuel/energy that shall be protected to ensure a safe landing; the operator shall take into account all of the following, and in the following order of priority, to determine the quantity of the final reserve fuel/energy:

• (i) the severity of the hazard to persons or property that may result from an emergency landing after fuel/energy starvation;

• (ii) the likelihood of unexpected circumstances that the final reserve fuel/energy may no longer be protected;

• (6) additional fuel/energy, if required by the type of operation; it shall be the amount of fuel/energy to enable the aeroplane to perform a safe landing at a fuel/energy en route alternate aerodrome (fuel/energy ERA aerodrome critical scenario) in the event of an engine failure or loss of pressurisation, whichever requires the greater amount of fuel/energy, based on the assumption that such a failure occurs at the most critical point along the route; this additional fuel/energy is required only if the minimum amount of fuel/energy that is calculated according to points (c)(2) to (c)(5) is not sufficient for such an event;

• (7) extra fuel/energy to take into account anticipated delays or specific operational constraints; and

• (8) discretionary fuel/energy, if required by the pilot-in-command.

• (d) For helicopters, the operator shall ensure that the pre-flight calculation of the usable fuel/energy that is required for a flight includes all of the following:

• (1) fuel/energy to fly to the aerodrome or operating site of intended landing;

• (2) if a destination alternate is required, destination alternate fuel/energy, which shall be the amount of fuel/energy that is required to execute a missed approach at the aerodrome or operating site of intended landing, and thereafter, to fly to the specified destination alternate, approach and land; and

• (3) final reserve fuel/energy, which shall be protected to ensure a safe landing; the operator shall take into account all of the following, and in the following order of priority, to determine the quantity of the final reserve fuel/energy:

• (i) the severity of the hazard to persons or property that may result from an emergency landing after fuel/energy starvation; and

• (ii) the likelihood of such unexpected circumstances that the final reserve fuel/energy may no longer be protected;

• (4) extra fuel/energy to take into account anticipated delays or specific operational constraints; and

• (5) discretionary fuel/energy, if required by the pilot-in-command.

• (e) The operator shall ensure that, if a flight has to proceed to a destination aerodrome other than the one originally planned, in-flight re-planning procedures for calculating the required usable fuel/energy are available and comply with points (c)(2) to (c)(7) for aeroplanes, and point (d) for helicopters.

• (f) The pilot in command shall only commence a flight or continue in the event of in-flight re-planning, when satisfied that the aircraft carries at least the planned amount of usable fuel/energy and oil to safely completethe flight.’;

• (c) point SPO.OP.150 (b) is replaced by the following:

• ‘(b) the place of intended landing is designated as an isolated aerodrome and:

• (1) an instrument approach procedure is prescribed for the aerodrome of intended landing; and

• (2) available current meteorological information indicates that both following meteorological conditions will exist from 2 hours before to 2 hours after the estimated time of arrival, or from the actual time of departure to 2 hours after the estimated time of arrival whichever is the shorter period:

• (i) a cloud base of at least 300 m (1 000 ft) above the minimum associated with the instrument approach procedure;

• (ii) visibility of at least 5,5 km or of 4 km more than the minimum associated with the procedure.’;

• (d) point SPO.OP.155 (b) is replaced by the following:

• ‘(b) For all other types of fuel/energy, necessary precautions shall be taken and the aircraft shall be properly manned by qualified personnel ready to initiate and direct an evacuation of the aircraft by the most practical and expeditious means available.’;

• (e) the following point SPO.OP.157 is inserted:

‘SPO.OP.157 Refuelling with engine(s)and/or rotors turning – helicopters

• (a) Refuelling with engine(s) and/or rotors turning shall only be conducted:

• (1) with no task specialists embarking or disembarking;

• (2) if the operator of the aerodrome or operating site allows such operations;

• (3) in accordance with any specific procedures and limitations in the aircraft flight manual (AFM);

• (4) with JET A or JET A-1 fuel types; and

• (5) in the presence of the appropriate rescue and firefighting (RFF) facilities or equipment.

• (b) The operator shall assess the risks associated with refuelling with engine(s) and/or rotors turning.

• (c) The operator shall establish appropriate procedures to be followed by all involved personnel, such as crew members, task specialists, and ground operations personnel.

• (d) The operator shall ensure that its crew members, ground operations personnel, as well as any task specialist involved in the procedures, are appropriately trained.

• (e) The operator shall ensure that the helicopter refuelling procedures with engine(s) and/or rotors turning are specified in the operations manual.’;

• (f) point SPO.OP.190 is replaced by the following:

‘SPO.OP.190 Fuel/energy scheme – in-flight fuel/energy management policy

• (a) The operator of complex motor-powered aircraft shall establish procedures to ensure that in-flight fuel/energy checks and fuel/energy management are performed.

• (b) The pilot-in-command shall monitor the amount of usable fuel/energy remaining on board to ensure that it is protected and not less than the fuel/energy that is required to proceed to an aerodrome or operating site where a safe landing can be made.

• (c) The pilot-in-command shall advise air traffic control (ATC) of a ‘minimum fuel/energy’ state by declaring ‘MINIMUM FUEL’ when the pilot-in-command has:

• (1) committed to land at a specific aerodrome or operating site; and

• (2) calculated that any change to the existing clearance to that aerodrome or operating site, or other air traffic delays, may result in landing with less than the planned final reserve fuel/energy.

• (d) The pilot-in-command shall declare a situation of ‘fuel/energy emergency’ by broadcasting ‘MAYDAY MAYDAY MAYDAY FUEL’ when the usable fuel/energy estimated to be available upon landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve fuel/energy.’;

• (g) point SPO.POL.110 is replaced by the following:

‘SPO.POL.110 Mass and balance system – commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft

• (a) The operator shall establish a mass and balance system to determine for each flight or series of flights the following:

• (1) aircraft dry operating mass;

• (2) mass of the traffic load;

• (3) mass of the fuel/energy load;

• (4) aircraft load and load distribution;

• (5) take-off mass, landing mass, and zero fuel/energy mass; and

• (6) applicable aircraft centre of gravity (CG) positions.

• (b) The flight crew shall be provided with a means of replicating and verifying any mass and balance computation based on electronic calculations.

• (c) The operator shall establish procedures to enable the pilot-in-command to determine the mass of the fuel/energy load by using the actual density or, if not known, the density calculated in accordance with a method specified in the operations manual.’;

• (h) in point SPO.POL.115 (a), points (6), (7), (8) and (9) are replaced by the following:

• ‘(6) mass of the fuel/energy at take-off and mass of trip fuel/energy;

• (7) mass of consumables other than fuel/energy, if applicable;

• (8) load components;

• (9) take-off mass, landing mass, and zero fuel/energy mass;’;

• (i) point SPO.IDE.H.146 (a)(1) is replaced by the following:

• ‘(1) they are not within the scope of point SPO.IDE.H.145 (a);’.

ANNEX II

In Annex I to Regulation (EU) No 965/2012, the following point (98b) is inserted:

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