Commission Implementing Regulation (EU) 2024/1111 of 10 April 2024 amending Regulation (EU) No 1178/2011, Implementing Regulation (EU) No 923/2012, Regulation (EU) No 965/2012 and Implementing Regulation (EU) 2017/373, as regards the establishment of requirements for the operation of manned aircraft with a vertical take-off and landing capability

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	2024/1111	23.5.2024

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ¹, and in particular Article 23(1), Article 31(1) and Article 44(1) point (a) thereof,

Whereas:

• (1) New air mobility concepts based on innovative technologies, such as manned aircraft with a vertical take-off and landing capability, have emerged in recent years and present different levels of maturity today. With advances in technology and changing transportation needs, more innovative concepts could emerge in the years to come.

• (2) Operations with innovative aircraft designs present unique safety challenges due to their vertical take-off and landing capability and their ability to operate in congested urban environments. A dedicated, comprehensive regulatory framework should ensure that such operations are conducted safely and that the risk posed to passengers, crew, and the public is minimised.

• (3) Manned aircraft with a vertical take-off and landing capability is a new emerging technology, and there is a need to establish clear procedures for certification and approval of their operations to ensure they meet safety and performance standards. A dedicated, comprehensive regulatory framework should provide a clear and transparent process as regards certification and approval aspects of operations with such aircraft, giving operators the necessary certainty and facilitating the development and commercialisation of these aircraft.

• (4) Both commercial and non-commercial operations with aircraft with a vertical take-off and landing capability entail safety hazards that must be properly mitigated to ensure the safety of passengers and crew in the air and of people on the ground. The certification of operators of those aircraft is, therefore, a measure that can help mitigate known and potential safety risks stemming from the operation of these novel technologies and build an appropriate safety culture.

• (5) As operations with manned aircraft with a vertical take-off and landing capability become more common, there is a need to ensure that they are integrated safely and efficiently into the existing airspace system. A dedicated, comprehensive regulatory framework should therefore establish clear rules and procedures for the integration of such operations into airspace, thus helping to minimise the risk of collision and other safety incidents.

• (6) For the future integration of manned aircraft with a vertical take-off and landing capability into the transportation systems of the Member States, it is appropriate to apply the same regulatory framework available today for operations with aeroplanes and helicopters, with the necessary amendments considering the new air mobility concepts of operations with manned aircraft with a vertical take-off and landing capability, performance and operating limitations, and specific risks. Therefore, Commission Regulation (EU) No 1178/2011 ², Commission Implementing Regulation (EU) No 923/2012 ³, Commission Regulation (EU) No 965/2012 ⁴, and Commission Implementing Regulation (EU) 2017/373 ⁵ should be amended accordingly.

• (7) In particular, to ensure the availability of appropriately qualified pilots during the initial phase of operations with aircraft with a vertical take-off and landing capability, holders of commercial pilot licences for aeroplanes or helicopters should be given the possibility to add to their licence a type rating for manned aircraft with a vertical take-off and landing capability, including privileges to operate that aircraft under instrument flight rules, where necessary. Where such pilots also hold instructor or examiner certificates for aeroplanes or helicopters, they should also be given the possibility to obtain additional instructor or examiner privileges for that aircraft. Therefore, Regulation (EU) No 1178/2011 should be amended accordingly.

• (8) Regulation (EU) No 923/2012 should also be amended to provide for a safe, orderly and efficient air traffic management of manned aircraft with a vertical take-off and landing capability and avoid mid-air collisions.

• (9) Moreover, Regulation (EU) No 965/2012 should be amended accordingly to provide, inter alia, for a new Annex with detailed requirements to address the operations of manned aircraft with vertical take-off and landing capability. Annex I to Regulation (EU) No 965/2012 should be amended to include a new aircraft category, while precising existing definitions. Annex II and Annex III should be amended to enlarge the scope of existing certification requirements for commercial air transport and Annex V should include new provisions enabling emergency medical services and rescue operations with manned aircraft with vertical take-off and landing capability.

• (10) Furthermore, the transport of dangerous goods by air should be conducted in accordance with international standards and recommended practices contained in Annex 18 to the Chicago Convention and the applicable Technical Instructions. The requirements for the operation of manned aircraft with a vertical take-off and landing capability should take into account the latest technological developments in aircraft design and operation, as well as international best practices and standards. Therefore, Regulation (EU) No 965/2012 should be amended accordingly.

• (11) In order to provide stakeholders with sufficient time to ensure compliance with the new regulatory framework, this Regulation should apply from 1 May 2025.

• (12) The requirements for the operation of manned aircraft with a vertical take-off and landing capability have been developed in consultation with relevant stakeholders, including aircraft manufacturers, operators, and regulatory bodies, to ensure they are appropriate and effective.

• (13) The European Union Aviation Safety Agency prepared draft implementing rules and submitted them with Opinion No 03/2023 ⁶ in accordance with Article 75(2), points (b) and (c), and with Article 76(1) of Regulation (EU) 2018/1139.

• (14) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127(1) of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) No 1178/2011

Regulation (EU) No 1178/2011 is amended as follows:

• (1) in Article 2, the following points are inserted:

• ‘(8a) “rotorcraft” means a power-driven, heavier-than-air aircraft that depends principally for its support in flight on the lift generated by up to two rotors;

• (8b) “vertical take-off and landing (VTOL)-capable aircraft (VCA)” means a power-driven, heavier-than-air aircraft, other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during take-off and landing;’;

• (2) the following article is inserted:

‘Article 4f

Type ratings for VCA

1. Applicants that hold a commercial pilot licence for aeroplanes (CPL(A)) or helicopters (CPL(H)) in accordance with Annex I (Part-FCL) shall be entitled to be issued with a type rating for a VCA and shall exercise the privileges of such a type rating, provided they comply with all the following:

• (a) the prerequisites specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012;

• (b) Section 1 of Subpart H of Annex I (Part-FCL) and the provisions of this Article.

1. The theoretical knowledge examination shall be written, and the number of multiple-choice questions shall depend on the complexity of the aircraft.

1. Type rating training, skill tests and proficiency checks for aircraft specified in paragraph 1 shall:

• (a) comply with the following requirements of Appendix 9 to Annex I (Part-FCL):

• (i) Section A;

• (ii) Sections B, C or D, as determined and unless otherwise specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012; and

• (b) under the conditions and to the extent specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, include additional training and testing to allow applicants to obtain the competence to operate the relevant VCA.

1. By way of derogation from the paragraphs above, applicants that hold a CPL(A) or a CPL(H) and that were involved in test flights for a particular type of VCA shall be issued with a type rating for that aircraft, provided they comply with all the following:

• (a) they comply with the flight conditions for acting as test pilot in the relevant VCA type, as established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012;

• (b) they have completed either 50 hours of total flight time or 10 hours of flight time as pilot-in-command on test flights in the relevant VCA type;

• (c) they comply with the prerequisites referred to in paragraph 1(a).

1. The validity period of type ratings issued in accordance with this Article shall be 1 year. Holders shall do all the following:

• (a) in order to revalidate the type rating:

• (i) within the validity period of the rating, complete at least 2 hours of flight time as pilot of the relevant VCA type;

• (ii) within the 3 months immediately preceding the expiry date of the rating and in the relevant VCA type or an FSTD representing that aircraft, pass a proficiency check in accordance with paragraph 3, the duration of which may be counted towards the flight time specified in paragraph (a)(i). If applicants choose to pass the proficiency check earlier than within these 3 months, the new validity period shall commence from the date of the proficiency check;

• (b) in order to renew the type rating, comply with point FCL.740(b) of Annex I (Part-FCL).

1. Holders of a licence and a type rating as specified in paragraph 1 shall be entitled to operate the relevant VCA under instrument flight rules, provided they comply with all the following:

• (a) they hold an IR(A) or an IR(H), as applicable;

• (b) they have, in the relevant VCA type, completed the skill test or the proficiency check, as applicable, in accordance with paragraph 3 including the content relevant for instrument flight.

1. Notwithstanding point FCL.900(b) of Annex I (Part-FCL), applicants that hold an instructor certificate in accordance with Annex I (Part-FCL) with privileges to provide training for aeroplane or helicopter type ratings shall be issued with privileges to provide training for type ratings specified in paragraph 1, provided they:

• (a) hold a type rating as per paragraph 1 for the relevant VCA type;

• (b) unless otherwise specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, have, within the 12 months preceding the application, completed at least 30 route sectors, including take-offs and landings, as pilot-in-command in the relevant VCA type, of which 15 route sectors may be completed in an FSTD representing that VCA type;

• (c) have completed, at an ATO, theoretical and practical training for extending instructor privileges to that VCA type, including mandatory training elements as specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012;

• (d) pass the relevant sections of the assessment of competence in accordance with point FCL.935 of Annex I (Part-FCL).

By way of derogation from paragraphs (b), (c) and (d), applicants that hold a TRI(A) certificate or a TRI(H) certificate and that were issued with a type rating for a VCA in accordance with paragraph 4, shall receive an extension of their TRI privileges to that VCA type.

1. Holders of instructor privileges referred to in paragraph 7 shall receive revalidation or renewal, as applicable, of these privileges when they comply with the relevant revalidation or renewal requirements of Subpart J of Annex I (Part-FCL), as applicable for the instructor certificate held, and additionally do either of the following:

• (a) complete, at an ATO, instructor refresher training that focuses on the privileges as per paragraph 7;

• (b) pass the relevant sections of the assessment of competence in accordance with point FCL.935 of Annex I (Part-FCL) in the relevant VCA type specified in paragraph 1 or an FSTD representing that type.

1. Notwithstanding point FCL.1000(b) of Annex I (Part-FCL), applicants that hold an examiner certificate in accordance with Annex I (Part-FCL) with privileges to act as an examiner for aeroplane or helicopter type ratings shall be issued with privileges to conduct skill tests and proficiency checks for an VCA type specified in paragraph 1, provided they hold instructor privileges as per paragraph 7 for the relevant VCA type and comply with all the following in the relevant VCA type or an FSTD representing that type:

• (a) complete examiner standardisation in accordance with point FCL.1015 of Annex I (Part-FCL), including the conduct of at least one skill test or proficiency check;

• (b) pass the relevant sections of the assessment of competence in accordance with point FCL.1020 of Annex I (Part-FCL).

1. Holders of examiner privileges referred to in paragraph 9 shall receive revalidation or renewal, as applicable, of these privileges when they comply with the relevant parts of point FCL.1025 of Annex I (Part-FCL) and additionally do either of the following:

• (a) complete an examiner refresher course in accordance with point FCL.1025(b)(2) of Annex I (Part-FCL) that focuses on the privileges as per paragraph 9;

• (b) pass the relevant sections of the assessment of competence in accordance with point FCL.1020 of Annex I (Part-FCL) in the relevant VCA type or an FSTD representing that type.’

;

• (3) Annex I (Part-FCL) is amended in accordance with Annex I to this Regulation.

Article 2

Amendments to Implementing Regulation (EU) No 923/2012

Implementing Regulation (EU) No 923/2012 is amended as follows:

• (1) Article 2 is amended as follows:

• (a) point 85 is replaced by the following:

• ‘(85) “rotorcraft” means a power-driven, heavier-than-air aircraft that depends principally for its support in flight on the lift generated by up to two rotors;’;

• (b) the following points are inserted:

• ‘(85a) “helicopter” means a type of rotorcraft supported in flight chiefly by the reactions of the air on up to two power-driven rotors on substantially vertical axes;

• (85b) “vertical take-off and landing (VTOL)-capable aircraft (VCA)” means a power-driven, heavier-than-air aircraft, other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during take-off and landing;’;

• (c) the following point is inserted:

• ‘(94a) “minimum fuel” means a term used to describe a situation in which an aircraft’s fuel/energy supply has reached a state where the flight is committed to land at a specific aerodrome and no additional delay can be accepted;’;

• (2) the Annex is amended in accordance with Annex II to this Regulation.

Article 3

Amendments to Regulation (EU) No 965/2012

Regulation (EU) No 965/2012 is amended as follows:

• (1) in Article 1, the following paragraph 1a is added:

‘1a.   This Regulation lays down detailed rules for innovative air mobility operations in accordance with visual flight rules by day conducted with the surface in sight with single pilot manned aircraft with a vertical take-off and landing capability referred to in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139.’

;

• (2) Article 2 is amended as follows:

• (a) point (1a) is replaced by the following:

• ‘(1a) “rotorcraft” means a power-driven, heavier-than-air aircraft that depends principally for its support in flight on the lift generated by up to two rotors;’;

• (b) the following point is inserted:

• ‘(1aa) “helicopter” means a type of rotorcraft supported in flight chiefly by the reactions of the air on up to two power-driven rotors on substantially vertical axes;’;

• (c) the following points are inserted:

• ‘(12) “innovative air mobility (IAM) operations” means any operation with vertical take-off and landing (VTOL)-capable aircraft in congested and non-congested areas;

• (13) “vertical take-off and landing (VTOL)-capable aircraft” (VCA) means a power-driven, heavier-than-air aircraft other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during the take-off and landing;

• (14) “ VEMS flight” means a flight with a VCA that operates under a VEMS approval, where immediate and rapid transportation is essential and the purpose of which is either to:

• (a) facilitate emergency medical assistance by carrying one or more of the following:

• (i) medical personnel;

• (ii) medical supplies (equipment, blood, organs, drugs);

• (iii) ill or injured persons and other persons directly involved,

or

• (b) perform any operation where a person is at imminent or anticipated health risk from the environment and either:

• (i) needs to be rescued or provided with supplies; or

• (ii) persons, animals or equipment need to be transported to/from the VEMS operating site.’;

• (3) Article 5 is amended as follows:

• (a) the following paragraph is inserted:

‘1b.   Operators shall only operate VCA in the context of IAM operations as specified in Annexes III and IX to this Regulation.’

;

• (b) in paragraph 2, the following point is added:

• ‘(h) VCA used for:

• (i) the transport of dangerous goods (DGs);

• (ii) VEMS.’;

• (c) in paragraph 5, the following point is added:

• ‘(c) VCA in accordance with the requirements specified in Annex IX.’;

• (d) in paragraph 5, the following second subparagraph is added:

‘In the case of points (a), (b) and (c) of the first subparagraph, the training organisations shall comply with the requirements laid down in Annex VII (Part-ORA) to Regulation (EU) No 1178/2011 instead of Annex III (Part-ORO) of this Regulation. Training for VCA shall only be provided by approved training organisations.’;

• (4) Article 8 is amended as follows:

• (a) paragraph 1 is replaced by the following:

‘1.   CAT operations with aeroplanes and helicopters shall be subject to the requirements of Subpart FTL of Annex III.’

;

• (b) the following paragraph is added:

‘5.   An IAM operator shall, as regards flight time limitations, comply with the requirements specified in the national law of the Member State in which the operator has its principal place of business, or, where the operator has no principal place of business, the place where the operator is established or resides.’

;

• (5) Annex I to Regulation (EU) No 965/2012 is amended in accordance with Annex III to this Regulation;

• (6) Annex II to Regulation (EU) No 965/2012 is amended in accordance with Annex IV to this Regulation;

• (7) Annex III to Regulation (EU) No 965/2012 is amended in accordance with Annex V to this Regulation;

• (8) Annex V to Regulation (EU) No 965/2012 is amended in accordance with Annex VI to this Regulation;

• (9) Annex IX to Regulation (EU) No 965/2012 is added as laid down in Annex VII to this Regulation.

Article 4

Amendments to Implementing Regulation (EU) 2017/373

In point ATS.TR.305 of Annex IV to Implementing Regulation (EU) 2017/373, the following point (7a) is inserted to subpoint (a):

• ‘(7a) information on unmanned aircraft;’.

Article 5

Entry into force and applicability

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

It shall apply from 1 May 2025.

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

Done at Brussels, 10 April 2024.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX I

Annex I to Regulation (EU) No 1178/2011 is amended as follows:

• (1) point FCL.010 is amended as follows:

• (a) in the definition of ‘Flight time’, the third paragraph on ‘airships’ is replaced by the following:

‘for airships, it means the total time from the moment an airship is released from the mast for the purpose of taking off until the moment the airship finally comes to rest at the end of the flight, and is secured on the mast;’;

• (b) in the definition of ‘Flight time’, the fourth paragraph on ‘VTOL-capable aircraft’ is added as follows:

‘for VTOL-capable aircraft (VCA), it means the total time between the moment the lift and thrust units are powered on for the purpose of taking off until the moment the aircraft finally comes to rest at the end of the flight and the lift and thrust units are powered off.’;

• (c) the definition of ‘Helicopter’ is replaced by the following:

‘ “Helicopter” means a type of rotorcraft supported in flight chiefly by the reactions of the air on up to two power-driven rotors on substantially vertical axes.’;

• (2) in point FCL.060, the introductory phrase of point (b) is replaced by the following:

• ‘(b) Aeroplanes, helicopters, powered-lift aircraft, airships and VTOL-capable aircraft (VCA).

A pilot shall not operate an aircraft in commercial air transport or to carry passengers:’.

ANNEX II

The Annex to Implementing Regulation (EU) No 923/2012 is amended as follows:

• (1) in point SERA.2010, point (b) is replaced by the following:

• ‘(b) Pre-flight action

Before beginning a flight, the pilot-in-command of an aircraft shall become familiar with all available information appropriate to the intended operation. Pre-flight action for flights away from the vicinity of an aerodrome, and for all IFR flights, shall include a careful study of available current weather reports and forecasts, taking into consideration fuel/energy requirements and an alternative course of action if the flight cannot be completed as planned.’;

• (2) in point SERA.4005, point (12) of point (a) is replaced by the following:

• ‘(12) Fuel/energy endurance’;

• (3) in point SERA.4015, point (b) is replaced by the following:

• ‘(b) Information submitted prior to departure regarding fuel or energy endurance or total number of persons carried on board, if incorrect at time of departure, constitutes a significant change to the flight plan and as such shall be reported.’;

• (4) in point SERA.8015, point (4) of point (b) is replaced by the following:

• ‘(4) Potential reclearance in flight. If, prior to departure, it is anticipated that, depending on fuel/energy endurance and subject to reclearance in flight, a decision may be taken to proceed to a revised destination aerodrome, the appropriate air traffic control units shall be so notified by the insertion in the flight plan of information concerning the revised route (where known) and the revised destination.’;

• (5) in point SERA.8020, points (d)(1) and (2) are replaced by the following:

• ‘(d) Weather deterioration below the VMC. When it becomes evident that flight in VMC in accordance with its current flight plan will not be practicable, a VFR flight operated as a controlled flight shall:

• (1) request an amended clearance enabling the aircraft to continue in VMC to destination or to an alternative aerodrome or operating site, or to leave the airspace within which an ATC clearance is required; or

• (2) if no clearance in accordance with point (1) can be obtained, continue to operate in VMC and notify the appropriate ATC unit of the action being taken either to leave the airspace concerned or to land at the nearest suitable aerodrome or operating site; or’;

• (6) in point SERA.9005, the following point (7a) is inserted:

• ‘(7a) information on unmanned aircraft;’;

• (7) in point SERA.11005, point (ab) is replaced by the following:

• ‘(ab) If an aircraft is subjected to unlawful interference, the pilot-in-command shall attempt to land as soon as practicable at the nearest suitable aerodrome or operating site or at a dedicated aerodrome or operating site assigned by the competent authority, unless considerations aboard the aircraft dictate otherwise.’;

• (8) in point SERA.11012, points (a) and (b) are replaced by the following:

• ‘(a) When a pilot reports a state of minimum fuel/energy, the controller shall inform the pilot as soon as practicable of any anticipated delays or that no delays are expected.

• (b) When the level of fuel/energy renders declaring a situation of distress necessary, the pilot, in accordance with point SERA.14095, shall indicate that by using the radiotelephony distress signal (MAYDAY), preferably spoken three times, followed by the nature of the distress condition (FUEL).’;

• (9) point SERA.11015 is amended as follows:

• (a) in Table S11-1, ‘Series 3’ is replaced by the following:

‘3	DAY or NIGHT – Lowering landing gear (if fitted), showing steady landing lights and overflying runway in use or, if the intercepted aircraft is a helicopter / VTOL-capable aircraft, overflying the helicopter / VTOL-capable aircraft landing area. In the case of helicopters /VTOL-capable aircraft, the intercepting helicopter / VTOL-capable aircraft makes a landing approach, coming to hover near the landing area.	Land at this aerodrome.	DAY or NIGHT – Lowering landing gear, (if fitted), showing steady landing lights and following the intercepting aircraft and, if, after overflying the runway in use or helicopter / VTOL-capable aircraft landing area, landing is considered safe, proceeding to land.	Understood, will comply.’

• (b) in Table S11-2, ‘Series 4’ is replaced by the following:

‘4	DAY or NIGHT – Raising landing gear (if fitted) and flashing landing lights while passing over runway in use or helicopter / VTOL-capable aircraft landing area at a height exceeding 300 m (1 000 ft) but not exceeding 600 m (2 000 ft) (in the case of a helicopter, at a height exceeding 50 m (170 ft) but not exceeding 100 m (330 ft)) above the aerodrome level, and continuing to circle runway in use or helicopter / VTOL-capable aircraft landing area. If unable to flash landing lights, flash any other lights available.	Aerodrome you have designated is inadequate.	DAY or NIGHT – If it is desired that the intercepted aircraft follow the intercepting aircraft to an alternate aerodrome, the intercepting aircraft raises its landing gear (if fitted) and uses the Series 1 signals prescribed for intercepting aircraft. If it is decided to release the intercepted aircraft, the intercepting aircraft uses the Series 2 signals prescribed for intercepting aircraft.	Understood, follow me. Understood, you may proceed.’

• (c) in Appendix 1 ‘Signals’, point ‘4. MARSHALLING SIGNALS’ is amended as follows:

• (1) point (b) of point 4.1.1 is replaced by the following:

• ‘(b) for helicopters /VTOL-capable aircraft, where the signalman/marshaller can best be seen by the pilot.’;

• (2) in points 16 to 20 of point 4.1.2, the text of footnotes 1 to 3 is replaced by the following:

• ‘(¹) For use to hovering helicopters / VTOL-capable aircraft.

• (²) For use to hovering helicopters / VTOL-capable aircraft.

• (³) For use to hovering helicopters / VTOL-capable aircraft.’;

• (d) in Appendix 5 ‘Technical specifications related to aircraft observations and reports by voice communications’, section ‘A. REPORTING INSTRUCTIONS’ is amended as follows:

in point 2 ‘DETAILED REPORTING INSTRUCTIONS’, [Item 8] of Section 2 is replaced by the following:

• ‘Item 8 – ENDURANCE. Report “ENDURANCE” followed by fuel/energy endurance in hours and minutes (4 numerics).’.

ANNEX III

Annex I to Regulation (EU) No 965/2012 is amended as follows:

• (1) the title of Annex I is replaced by the following:

‘Annex I – Definitions for terms used in Annexes II to IX’;

• (2) point 21 is replaced by the following:

• ‘(21) “clearway” means a defined rectangular area on the ground or on water under the control of the appropriate authority, selected or prepared as a suitable area over which an aircraft may make a portion of its initial climb to a specified height;’;

• (3) point 26 is replaced by the following:

• ‘(26) “contingency fuel/energy” means the fuel/energy required to compensate for unforeseen factors that could have an influence on the fuel/energy consumption to the destination aerodrome or vertiport;’;

• (4) point 31 is replaced by the following:

• ‘(31) “critical phases of flight” means:

• (a) for helicopters, taxiing, hovering, take-off, final approach, missed approach, landing and any other phases of flight as determined by the pilot-in-command or the commander;

• (b) for VCA, ground taxiing with passengers for the purpose of flight or after landing, air taxiing, hovering, take-off, final approach, missed approach (go-around), landing and any other phase of flight as determined by the pilot-in-command;’;

• (5) point 39 is replaced by the following:

• ‘(39) “distance DR” means the horizontal distance that the helicopter or the VCA has travelled from the end of the take-off distance available;’;

• (6) point 48 is replaced by the following:

• ‘(48) “final approach and take-off area (FATO)” means a defined area for helicopter or VCA operations over which the final phase of the approach manoeuvre to hover or land is completed, and from which the take-off manoeuvre is commenced; in the case of helicopters operating in performance class 1 and VCA operating in the category Enhanced or equivalent, the defined area includes the rejected take-off area available;’;

• (7) point 50a is replaced by the following:

• ‘(50a) “flight time” means:

• (a) for aeroplanes, the total time from the moment an aeroplane first moves for the purpose of taking off until the moment the aeroplane finally comes to rest at the end of the flight;

• (b) for helicopters, the total time between the moment a helicopter’s rotor blades start turning for the purpose of taking off until the moment the helicopter finally comes to rest at the end of the flight, and the rotor blades are stopped;

• (c) for VCA, the total time between the moment the lift and thrust units are powered on for the purpose of taking off until the moment the aircraft finally comes to rest at the end of the flight and the lift and thrust units are powered off;’;

• (8) point 53 is replaced by the following:

• ‘(53) “ground emergency service personnel” means any ground emergency service personnel, such as police officers, firefighters, etc., involved in helicopter emergency medical services (HEMSs) or in emergency medical services with VCA (VEMSs) and whose tasks are to any extent pertinent to the operation;’;

• (9) in point 69, point (ii) of point (a) is replaced by the following:

• ‘(ii) the helicopter occupants or VCA occupants cannot be adequately protected from the elements; or’;

• (10) point 70 is replaced by the following:

• ‘(70) “landing decision point (LDP)” means:

• (a) for helicopters, the point used to determine landing performance from which, an engine failure having been recognised at this point, the landing may be safely continued or a balked landing initiated;

• (b) for VCA, the point used to determine landing performance from which the landing may be safely continued or a balked landing initiated, following a CFP;’;

• (11) point 71 is replaced by the following:

• ‘(71) “landing distance available” means:

• (a) for aeroplanes (LDAA), the length of the runway which is declared available by the State of the aerodrome and suitable for the ground run of an aeroplane landing;

• (b) for helicopters (LDAH), the length of the FATO plus any additional area declared available by the State of the aerodrome and suitable for the helicopter to complete the landing manoeuvre from a defined height; and

• (c) for VCA (LDAV), the length of the FATO plus any additional area declared available and suitable for the VCA to complete the landing manoeuvre from a defined height;’;

• (12) the following point 71a is inserted:

• ‘(71a) “landing distance required (LDR)” means:

• (a) for helicopters (LDRH), the horizontal distance required to land and come to a full stop from a point of 15 m (50 ft) above the landing surface; and

• (b) for VCA (LDRV), the horizontal distance required to land and come to a full stop from a point of 15 m (50 ft) above the landing surface;’;

• (13) point 78 is replaced by the following:

• ‘(78) “medical passenger” means a medical person carried in a helicopter during a HEMS flight or in a VCA during a VEMS flight, including but not limited to doctors, nurses and paramedics;’;

• (14) in point 82, point (b) is replaced by the following:

• ‘(b) the helicopter occupants or the VCA occupants can be protected from the elements; and’;

• (15) point 96 is replaced by the following:

• ‘(96) “pilot-in-command (PIC)” means the pilot designated as being in command and charged with the safe conduct of the flight; for the purpose of commercial air transport operations with aeroplanes and helicopters, the “pilot-in-command” shall be termed “commander”;’;

• (16) point 102 is replaced by the following:

• ‘(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;’;

• (17) point 103 is replaced by the following:

• ‘(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’;

• (18) point 104a is replaced by the following:

• ‘(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;’

• (19) point 111 is replaced by the following:

• ‘(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;’;

• (20) point 113 is replaced by the following:

• ‘(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;’;

• (21) point 114 is replaced by the following:

• ‘(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;’;

• (22) point 115 is replaced by the following:

• ‘(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);’;

• (23) point 116 is replaced by the following:

• ‘(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;’;

• (24) point 118 is replaced by the following:

• ‘(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;’;

• (25) the following points 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142 and 143 are added:

• ‘(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 IV

Annex II (Part-ARO) to Regulation (EU) No 965/2012 is amended as follows:

• (1) the title of Section I of Subpart OPS ‘Air Operations’ is replaced by the following:

‘ SECTION I

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

• (2) in point ARO.OPS.200 point (b), point (1) is replaced by the following:

• ‘(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’;

• (3) after point ARO.OPS.220, the following point ARO.OPS.224 is inserted:

‘ 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.192 and UAM.OP.VCA.195 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.’;

• (4) the title of point ARO.OPS.225 is replaced by the following:

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

• (5) Appendix I to Annex II (Part-ARO) is replaced by the following:

‘Appendix I

AIR OPERATOR CERTIFICATE (Approval schedule for air transport operators) Types of operation: Commercial air transport (CAT) □ Passengers; □ Cargo; □ Other[^ntr1-L_202401111EN.001701-E0001]: … Innovative air mobility (IAM) □ Passengers; □ Cargo; □ Other[^ntr1-L_202401111EN.001701-E0001]: …	AIR OPERATOR CERTIFICATE (Approval schedule for air transport operators) Types of operation: Commercial air transport (CAT) □ Passengers; □ Cargo; □ Other[^ntr1-L_202401111EN.001701-E0001]: … Innovative air mobility (IAM) □ Passengers; □ Cargo; □ Other[^ntr1-L_202401111EN.001701-E0001]: …	AIR OPERATOR CERTIFICATE (Approval schedule for air transport operators) Types of operation: Commercial air transport (CAT) □ Passengers; □ Cargo; □ Other[^ntr1-L_202401111EN.001701-E0001]: … Innovative air mobility (IAM) □ Passengers; □ Cargo; □ Other[^ntr1-L_202401111EN.001701-E0001]: …
10	State of the Operator8	11
10	Issuing Authority9	11
AOC #[^ntr6-L_202401111EN.001701-E0006]:	Operator Name13 Dba Trading Name14 Operator postal address[^ntr10-L_202401111EN.001701-E0010]: Telephone[^ntr11-L_202401111EN.001701-E0011]: Fax Email:	Operational Points of Contact:15 Contact details at which operational management can be contacted without undue delay, are listed in …18.
	Operator Name13 Dba Trading Name14 Operator postal address[^ntr10-L_202401111EN.001701-E0010]: Telephone[^ntr11-L_202401111EN.001701-E0011]: Fax Email:	Operational Points of Contact:15 Contact details at which operational management can be contacted without undue delay, are listed in …18.
	Operator Name13 Dba Trading Name14 Operator postal address[^ntr10-L_202401111EN.001701-E0010]: Telephone[^ntr11-L_202401111EN.001701-E0011]: Fax Email:	Operational Points of Contact:15 Contact details at which operational management can be contacted without undue delay, are listed in …18.
	Operator Name13 Dba Trading Name14 Operator postal address[^ntr10-L_202401111EN.001701-E0010]: Telephone[^ntr11-L_202401111EN.001701-E0011]: Fax Email:	Operational Points of Contact:15 Contact details at which operational management can be contacted without undue delay, are listed in …18.
□ This is to certify that …19 is authorised to conduct commercial air transport (CAT) operations, as defined in the attached operations specifications, in accordance with the operations manual and with Annex V to Regulation (EU) 2018/1139 and its delegated and implementing acts. □ This is to certify that …19 is authorised to conduct innovative air mobility (IAM) operations, as defined in the attached operations specifications, in accordance with the operations manual and with Annex V to Regulation (EU) 2018/1139 and its delegated and implementing acts.	□ This is to certify that …19 is authorised to conduct commercial air transport (CAT) operations, as defined in the attached operations specifications, in accordance with the operations manual and with Annex V to Regulation (EU) 2018/1139 and its delegated and implementing acts. □ This is to certify that …19 is authorised to conduct innovative air mobility (IAM) operations, as defined in the attached operations specifications, in accordance with the operations manual and with Annex V to Regulation (EU) 2018/1139 and its delegated and implementing acts.	□ This is to certify that …19 is authorised to conduct commercial air transport (CAT) operations, as defined in the attached operations specifications, in accordance with the operations manual and with Annex V to Regulation (EU) 2018/1139 and its delegated and implementing acts. □ This is to certify that …19 is authorised to conduct innovative air mobility (IAM) operations, as defined in the attached operations specifications, in accordance with the operations manual and with Annex V to Regulation (EU) 2018/1139 and its delegated and implementing acts.
Date of issue[^ntr14-L_202401111EN.001701-E0014]:	Name and Signature[^ntr15-L_202401111EN.001701-E0015]: Title:	Name and Signature[^ntr15-L_202401111EN.001701-E0015]: Title:
EASA Form 138 – Issue 3	EASA Form 138 – Issue 3	EASA Form 138 – Issue 3

’

• (6) Appendix II to Annex II (Part-ARO) is replaced by the following:

‘Appendix II

OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual)	OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual)	OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual)	OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual)	OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual)	OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual)
Issuing authority contact details Telephone[^ntr16-L_202401111EN.001801-E0001]: ___; Fax __; Email: ____	Issuing authority contact details Telephone[^ntr16-L_202401111EN.001801-E0001]: ___; Fax __; Email: ____	Issuing authority contact details Telephone[^ntr16-L_202401111EN.001801-E0001]: ___; Fax __; Email: ____	Issuing authority contact details Telephone[^ntr16-L_202401111EN.001801-E0001]: ___; Fax __; Email: ____	Issuing authority contact details Telephone[^ntr16-L_202401111EN.001801-E0001]: ___; Fax __; Email: ____	Issuing authority contact details Telephone[^ntr16-L_202401111EN.001801-E0001]: ___; Fax __; Email: ____
AOC[^ntr17-L_202401111EN.001801-E0002]:	Operator name[^ntr18-L_202401111EN.001801-E0003]:	Date[^ntr19-L_202401111EN.001801-E0004]:	Date[^ntr19-L_202401111EN.001801-E0004]:	Signature:	Signature:
	Dba trading name	Dba trading name	Dba trading name	Dba trading name	Dba trading name
Operations specifications #:	Operations specifications #:	Operations specifications #:	Operations specifications #:	Operations specifications #:	Operations specifications #:
Aircraft model[^ntr20-L_202401111EN.001801-E0005]: Registration marks[^ntr21-L_202401111EN.001801-E0006]:	Aircraft model[^ntr20-L_202401111EN.001801-E0005]: Registration marks[^ntr21-L_202401111EN.001801-E0006]:	Aircraft model[^ntr20-L_202401111EN.001801-E0005]: Registration marks[^ntr21-L_202401111EN.001801-E0006]:	Aircraft model[^ntr20-L_202401111EN.001801-E0005]: Registration marks[^ntr21-L_202401111EN.001801-E0006]:	Aircraft model[^ntr20-L_202401111EN.001801-E0005]: Registration marks[^ntr21-L_202401111EN.001801-E0006]:	Aircraft model[^ntr20-L_202401111EN.001801-E0005]: Registration marks[^ntr21-L_202401111EN.001801-E0006]:
Types of operation: Commercial air transport (CAT) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __ Innovative air mobility (IAM) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __	Types of operation: Commercial air transport (CAT) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __ Innovative air mobility (IAM) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __	Types of operation: Commercial air transport (CAT) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __ Innovative air mobility (IAM) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __	Types of operation: Commercial air transport (CAT) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __ Innovative air mobility (IAM) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __	Types of operation: Commercial air transport (CAT) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __ Innovative air mobility (IAM) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __	Types of operation: Commercial air transport (CAT) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __ Innovative air mobility (IAM) □ Passengers □ Cargo □ Other[^ntr22-L_202401111EN.001801-E0007]: __
Area of operation[^ntr23-L_202401111EN.001801-E0008]:	Area of operation[^ntr23-L_202401111EN.001801-E0008]:	Area of operation[^ntr23-L_202401111EN.001801-E0008]:	Area of operation[^ntr23-L_202401111EN.001801-E0008]:	Area of operation[^ntr23-L_202401111EN.001801-E0008]:	Area of operation[^ntr23-L_202401111EN.001801-E0008]:
Special limitations[^ntr24-L_202401111EN.001801-E0009]:	Special limitations[^ntr24-L_202401111EN.001801-E0009]:	Special limitations[^ntr24-L_202401111EN.001801-E0009]:	Special limitations[^ntr24-L_202401111EN.001801-E0009]:	Special limitations[^ntr24-L_202401111EN.001801-E0009]:	Special limitations[^ntr24-L_202401111EN.001801-E0009]:
Specific approvals:	Specific approvals:	Yes	No	Specification31	Remarks
Dangerous goods	Dangerous goods	□	□
Low-visibility operations	Low-visibility operations
Take-off	Take-off	□	□	RVR[^ntr26-L_202401111EN.001801-E0011]: ... m
Approach and landing	Approach and landing	□	□	CAT33 .... DA/H: ...ft, RVR: ...m
Operational credits	Operational credits	□	□	CAT34 …. DA/H: ...ft, RVR: ...m
RVSM35	□ N/A	□	□
ETOPS36	□ N/A	□	□	Maximum diversion time[^ntr31-L_202401111EN.001801-E0016]:… minutes
Complex navigation specifications for PBN operations38	Complex navigation specifications for PBN operations38	□	□		39
Minimum navigation performance specification	Minimum navigation performance specification	□	□
Operations with single-engined turbine aeroplane at night or in IMC (SET-IMC)	Operations with single-engined turbine aeroplane at night or in IMC (SET-IMC)	□	□	40
Helicopter operations with the aid of night-vision imaging systems	Helicopter operations with the aid of night-vision imaging systems	□	□
Helicopter hoist operations	Helicopter hoist operations	□	□
Helicopter emergency medical service operations	Helicopter emergency medical service operations	□	□
Helicopter offshore operations	Helicopter offshore operations	□	□
VTOL-capable aircraft emergency medical service operations (VEMS)	VTOL-capable aircraft emergency medical service operations (VEMS)	□	□
Cabin crew training41	Cabin crew training41	□	□
Issue of CC attestation42	Issue of CC attestation42	□	□
Use of type B EFB applications	Use of type B EFB applications	□	□	43
Continuing airworthiness	Continuing airworthiness	□	□	44
Others45	Others45
EASA Form 139 – Issue 8	EASA Form 139 – Issue 8	EASA Form 139 – Issue 8	EASA Form 139 – Issue 8	EASA Form 139 – Issue 8	EASA Form 139 – Issue 8

’

ANNEX V

Annex III (Part-ORO) to Regulation (EU) No 965/2012 is amended as follows:

• (1) point ORO.GEN.005 is replaced by the following:

‘ ORO.GEN.005 Scope

This Annex establishes the requirements to be met by an air operator that conducts:

• (a) commercial air transport (CAT) operations;

• (b) commercial specialised operations;

• (c) non-commercial operations with complex motor-powered aircraft;

• (d) non-commercial specialised operations with complex motor-powered aircraft;

• (e) innovative air mobility (IAM) operations.’;

• (2) in point ORO.GEN.140, point (b) is replaced by the following:

• ‘(b) Access to the aircraft referred to in point (a) shall:

• (i) for CAT operations with aeroplanes and helicopters, include the possibility to enter and remain in the aircraft during flight operations unless otherwise decided by the commander for the flight crew compartment in accordance with point CAT.GEN.MPA.135 in the interest of safety;

• (ii) for IAM operations with VCA, include the possibility to enter and remain in the aircraft during flight operations unless otherwise decided by the pilot-in-command in accordance with point IAM.GEN.MVCA.135 in the interest of safety.’;

• (3) point ORO.GEN.310 is replaced by the following:

‘ ORO.GEN.310 Use of aeroplanes or helicopters listed on an AOC for non-commercial operations and specialised operations

• (a) An aeroplane or a helicopter listed on an operator’s AOC may remain on the AOC if it is operated in any of the following situations:

• (1) by the AOC holder itself, for specialised operations in accordance with Annex VIII (Part-SPO);

• (2) by other operators, for non-commercial operations with motor-powered aircraft or for specialised operations conducted in accordance with Annex VI (Part-NCC), Annex VII (Part-NCO) or Annex VIII (Part-SPO), provided that the aircraft is used for a continuous period not exceeding 30 days.

• (b) When an aeroplane or a helicopter is used in accordance with point (a)(2), the AOC holder that provides the aeroplane or helicopter and the operator that uses the aeroplane or helicopter shall establish a procedure:

• (1) clearly identifying which operator is responsible for the operational control of each flight, and to describe how the operational control is transferred between them;

• (2) describing the handover procedure of the aeroplane or helicopter upon its return to the AOC holder.

That procedure shall be included in the operations manual of each operator or in a contract concluded between the AOC holder and the operator that uses the aeroplane or the helicopter in accordance with point (a)(2). The AOC holder shall establish a template for such a contract. Point ORO.GEN.220 shall apply to those contracts.

The AOC holder and the operator that uses the aeroplane or the helicopter in accordance with point (a)(2) shall ensure that the procedure is communicated to the relevant personnel.

• (c) The AOC holder shall submit to the competent authority the procedure referred to in point (b) for prior approval. The AOC holder shall agree with the competent authority on the means and on the frequency of providing it with information about transfers of operational control in accordance with point ORO.GEN.130(c).

• (d) The continuing airworthiness of the aeroplane or the helicopter used in accordance with point (a) shall be managed by the organisation responsible for the continuing airworthiness of the aeroplane or helicopter included in the AOC, in accordance with Regulation (EU) No 1321/2014.