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

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:

(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:

(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.’

(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

(1) OJ L 212, 22.8.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1139/oj.

(2) Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1, ELI: http://data.europa.eu/eli/reg/2011/1178/oj).

(3) Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2012/923/oj).

(4) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/965/oj).

(5) Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2017/373/oj).

(6) Opinion No 03/2023 – Introduction of a regulatory framework for the operation of drones – Enabling innovative air mobility with MVCA, the initial airworthiness of UAS subject to certification, and the continuing airworthiness of those UAS operated in the ‘specific’ category, EASA (Opinion No 03/2023)