The Aviation Safety (Amendment) (No. 3) Regulations 2021

Made: 27th October 2021

Laid before Parliament: 28th October 2021

Coming into force

The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 17(1), 23, 27(1), 31(1), 36(1), 39(1), 43(1), 44(1), 57(d), 62(14) and 127(3) of 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[^f00001].

PART 1 — Introduction

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Aviation Safety (Amendment) (No. 3) Regulations 2021.

• (2) Subject to paragraphs (3), (4) and (5), these Regulations come into force on 20th November 2021.

• (3) Regulations 2, 14, 15(2) and 15(3) come into force on 27th January 2022.

• (4) Regulation 11(2)(c) comes into force on 16th February 2022.

• (5) Regulation 21(5) comes into force on 26th August 2023.

• (6) These Regulations extend to England and Wales, Scotland and Northern Ireland.

PART 2 — Revocation of retained direct minor EU legislation

Revocation of Commission Regulation (EU) No 73/2010 (requirements on the quality of aeronautical data)

2

Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aeronautical date and aeronautical information for the single European Sky[^f00002] is revoked.

PART 3 — Amendment of retained direct minor EU legislation

CHAPTER 1 — Amendment of Commission Regulation (EC) No 1178/2011

Commission Regulation (EU) No 1178/2011 (aircrew)

3

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[^f00003] is amended in accordance with regulations 4 to 6.

Amendment of Annex 1 to Commission Regulation (EU) No 1178/2011

4

• (1) Annex 1 (Part-FCL) is amended as follows.

• (2) In point FCL.010—

• (a) after the definition of “Dual instruction time” insert—

• “EBT operator” means an organisation that is holding an air operator certificate (AOC) in accordance with Annex III (Part-ORO) to Regulation (EU) No 965/2012 and that has implemented an EBT programme approved by the CAA, in accordance with the provisions of that Regulation.
• “EBT practical assessment” means a method for assessing performance that serves to verify the integrated performance of competencies and takes place in either a simulated or an operational environment.
• “EBT programme” means a pilot assessment and training programme in accordance with point ORO.FC.231 (evidence-based training) of Annex III (Part-ORO) to Regulation (EU) No 965/2012.

• (b) after the definition of “Medical declaration” insert—

• “Mixed EBT programme” means an operator’s recurrent training and checking programme provided for in point ORO.FC.230 of Annex III (Part-ORO) to Regulation (EU) No 965/2012, a portion of which is dedicated to the application of EBT but which does not replace proficiency checks provided for in Appendix 9 to this Annex.

• (3) In point FCL.015, after point (f) insert—

(g) Training completed in aircraft or in FSTDs in accordance with Annex III (Part-ORO) to Regulation (EU) No 965/2012 shall be taken into account for the purposes of the experience and revalidation requirements established in this Annex (Part-FCL).

• (4) In point FCL.025(b), for point (3) substitute—

(3) If an applicant for the ATPL theoretical knowledge examination, or for the issue of a commercial pilot licence (CPL), or an instrument rating (IR) has failed to pass one of the theoretical knowledge examination papers within four attempts, or has failed to pass all papers within either six sittings or within the period mentioned in point (b)(2), the applicant shall retake the complete set of theoretical knowledge examination papers in order to obtain the licence.

• (5) In point FCL.025(b), for point (4) substitute—

(4) If an applicant for the issue of a light aircraft pilot licence (LAPL) or a private pilot licence (PPL) has failed to pass one of the theoretical knowledge examination papers within four attempts or has failed to pass all papers within the period mentioned in point (b)(2), he or she shall retake the complete set of theoretical knowledge examination papers in order to obtain the licence.

• (6) In point FCL.035(a), after point (3) insert—

(4) All hours flown in aeroplanes or TMGs that are subject to a decision of the CAA taken in accordance with point (a) or (c) of Article 2(8) of Regulation (EU) 2018/1139 or that fall within the scope of Annex I to that Regulation shall be credited in full towards fulfilling the flight time requirements of point FCL.140.A(a)(1) and point FCL.740.A(b)(1)(ii) of this Annex, provided that the following conditions are met: (i) the aeroplane or TMG concerned is of the same category and class as the Part-FCL aircraft in respect of which the hours flown are to be credited; (ii) in case of training flights with an instructor, the aeroplane or TMG used is subject to an authorisation specified in point ORA.ATO.135 of Annex VII (Part-ORA) or point DTO.GEN.240 of Annex VIII (Part-DTO).

• (7) In point FCL.035(b)(5), for “FCL.720.A(b)(2)(i)” substitute “FCL.720.A.(a)(2)(ii)(A)”.

• (8) In point FCL.235, for point (a) substitute—

(a) Through the completion of a skill test, applicants for a PPL shall demonstrate the ability to perform as PIC on the appropriate aircraft category the relevant procedures and manoeuvres with the competency appropriate to the privileges granted.

• (9) In point FCL.625—

• (a) in point (b), after point (3) insert—

(4) Applicants for the revalidation of an IR shall receive full credits for the proficiency check as required in this Subpart when they complete EBT practical assessment in accordance with Appendix 10 to this Annex related to the IR at an EBT operator.

• (b) for point (c) substitute—

(c) Renewal If an IR has expired, in order to renew their privileges, applicants shall comply with all of the following: (1) in order to determine whether refresher training is necessary for the applicant to reach the level of proficiency needed to pass the instrument element of the skill test in accordance with Appendix 9 to this Annex, they shall undergo an assessment at either of the following organisations: (a) an ATO; (b) an EBT operator that is specifically approved for such refresher training; - (2)if deemed necessary by the organisation providing the assessment in accordance with point (1), they shall complete refresher training at that organisation; - (3)after complying with point (1) and, where applicable, point (2), they shall pass a proficiency check in accordance with Appendix 9 to this Annex, or complete EBT practical assessment in accordance with Appendix 10 to this Annex, in the relevant aircraft category. That EBT practical assessment may be combined with the refresher training specified in point (2); - (4)they shall hold the relevant class or type rating unless specified otherwise in this Annex.

• (c) In point (e), after “(c)(1)” insert “, (c)(2)”.

• (d) In point (f), for “points (c)(2) and (e)” substitute “point (c)(3)”.

• (10) Point FCL.625.A(a) is amended as follows—

• (a) for point (2), substitute—

(2) pass a proficiency check in accordance with Appendix 9 to this Annex, or complete EBT practical assessment in accordance with Appendix 10 to this Annex, if the IR revalidation is combined with the revalidation of a class or type rating.

• (b) for point (4), substitute—

(4) An FNPT II or an FFS representing the relevant class or type of aeroplane may be used for the revalidation pursuant to point (3), provided that at least each alternate proficiency check for the revalidation of an IR(A) is performed in an aeroplane.

• (11) For point FCL.740, substitute—

FCL.740 Validity and renewal of class and type ratings (a) Validity - (1)The validity period of class and type ratings shall be 1 year, except for single-pilot single-engine class ratings for which the validity period shall be 2 years, unless otherwise determined in the OSD. If pilots choose to fulfil the revalidation requirement earlier than prescribed in points FCL.740.A, FCL.740.H, FCL.740.PL and FCL.740.A, the new validity period shall commence from the date of the proficiency check. - (2)Applicants for the revalidation of a class or type rating shall receive full credits for the proficiency check as required in this Subpart when they complete EBT practical assessment in accordance with Appendix 10 to this Annex at an operator that has implemented EBT for the relevant class or type rating. (b) Renewal For the renewal of a class or type rating, applicants shall comply with all of the following: - (1)in order to determine whether refresher training is necessary for the applicant to reach the level of proficiency to safely operate the aircraft, they shall undergo an assessment at one of the following: (i)at an ATO; (ii)at a DTO or at an ATO, if the expired rating concerned a non-high-performance single-engine piston class rating, a TMG class rating or a single-engine type rating for helicopters referred to in point DTO.GEN.110(a)(2)(c) of Annex VIII; (iii)at a DTO, at an ATO or with an instructor, if the rating expired no more than 3 years ago and the rating concerned a non-high-performance single-engine piston class rating or a TMG class rating; (iv)at an EBT operator that is specifically approved for such refresher training; - (2)if deemed necessary by the organisation or the instructor providing the assessment in accordance with point (1), they shall complete refresher training at that organisation or with that instructor; - (3)after complying with point (1) and, as applicable, point (2), they shall pass a proficiency check in accordance with Appendix 9 to this Annex or complete EBT practical assessment in accordance with Appendix 10 to this Annex. That EBT practical assessment may be combined with the refresher training specified in point (2). - By way of derogation from points (b)(1), (b)(2) and (b)(3), pilots holding a flight test rating issued in accordance with point FCL.820 who were involved in the development, certification or production flight tests for an aircraft type and have completed either 50 hours of total flight time or 10 hours of flight time as PIC in test flights in that type during the year prior to the date of their application, shall be entitled to apply for the revalidation or renewal of the relevant type rating. - Applicants shall be exempted from the requirement in points (b)(1) and (b)(2) if they hold, and are entitled to exercise the privileges of, a valid rating for the same class or type of aircraft on a pilot licence issued by a third country in accordance with Annex 1 to the Chicago Convention. (c) Pilots who leave an operator’s EBT programme after having failed to demonstrate an acceptable level of competence in accordance with that EBT programme shall not exercise the privileges of that type rating until they have complied with one of the following: - (1)they have completed EBT practical assessment in accordance with Appendix 10 to this Annex; or - (2)they have passed a proficiency check in accordance with point FCL.625(c)(3) or point FCL.740(b)(3), as applicable. In such a case, point FCL.625(b)(4) and point FCL.740(a)(2) shall not apply.

• (12) In point FCL.720.A—

• (a) in point (a), for the first paragraph substitute—

Applicants for the initial issue of privileges to operate a single-pilot aeroplane in multi-pilot operations, either when applying for the issue of a class or type rating or when extending the privileges of a class or type rating already held to multi-pilot operation, shall meet the requirements in point (b)(4) and, before starting the relevant training course, point (b)(5).

• (b) for point (a)(3), substitute—

(3) Single-pilot high-performance complex aeroplanes - Applicants for the issue of a type rating for a complex single-pilot aeroplane classified as a high-performance aeroplane shall, in addition to meeting the requirements in point (2), comply with both of the following: they shall hold or have held a single- or multi-engine AR(A), as appropriate and as established in Subpart G; for the issue of the first type rating, they shall, before starting the type rating training course, meet the requirements in point (b)(5).

• (c) in point (b), for the opening paragraph, substitute—

Applicants for the issue of the first type rating for a multi-pilot aeroplane shall be student pilots currently undergoing training on an MPL training course or shall, before starting the type rating training course, comply with the following requirements:

• (d) for point (b)(5), substitute—

(5) have completed the training course specified in point FCL.745.A unless they comply with any of the following: (i) they completed, within the preceding 3 years, the training and checking in accordance with points ORO.FC.220 and ORO.FC.230 of Annex III (Part-ORO) to Regulation (EU) No 965/2012; (ii) they have completed the training specified in point FCL.915(e)(1)(ii).

• (13) In point FCL.740.A(a), in point (1) for “to this Part” substitute “to this Annex, or complete EBT practical assessment in accordance with Appendix 10 to this Annex,”.

• (14) For point FCL.905.TRI, substitute—

FCL.905.TRI TRI –Privileges and conditions (a) The privileges of a TRI are to instruct for: - (1)the revalidation and renewal of an IR, provided the TRI holds a valid IR; - (2)the issue of a TRI or SFI certificate, provided that the holder meets either of the following conditions: (i)has at least 50 hours of instructional experience as a TRI or SFI in accordance with this Regulation or Regulation (EU) No 965/2012; (ii)has conducted the flight instruction syllabus of the relevant part of the TRI training course in accordance with point FCL.930.TRI(a)(3) to the satisfaction of the head of training of an ATO; - (3)in the case of the TRI for single-pilot aeroplanes: (i)the issue, revalidation and renewal of type ratings for single-pilot high-performance complex aeroplanes provided that the applicant seeks privileges to operate in single-pilot operations. The privileges of the TRI (SPA) may be extended to flight instruction for single-pilot high-performance complex aeroplane type ratings in multi-pilot operations, provided that the TRI meets either of the following conditions: (A)holds or has held a TRI certificate for multi-pilot aeroplanes; (B)has at least 500 hours on aeroplanes in multi-pilot operations and completed an MCCI training course in accordance with point FCL.930.MCCI; - (ii)the MPL course on the basic phase, provided that he or she has the privileges extended to multi-pilot operations and holds or has held an FI(A) or an IRI(A) certificate; - (4)in the case of the TRI for multi-pilot aeroplanes: (i)the issue, revalidation and renewal of type ratings for: (A)multi-pilot aeroplanes; (B)single-pilot high-performance complex aeroplanes when the applicant seeks privileges to operate in multi-pilot operations; - (ii)MCC training; - (iii)the MPL course on the basic, intermediate and advanced phases, provided that, for the basic phase, he or she holds or has held an FI(A) or IRI(A) certificate; - (5)in the case of the TRI for helicopters: (i)the issue, revalidation and renewal of helicopter type ratings; (ii)MCC training, provided that he or she holds a multi- pilot helicopter type rating; (iii)the extension of the single-engine IR(H) to multi-engine IR(H); - (6)in the case of the TRI for powered-lift aircraft: (i)the issue, revalidation and renewal of powered-lift type ratings; (ii)MCC training. (b) The privileges of a TRI include privileges to conduct EBT practical assessment at an EBT operator, provided that the instructor complies with the requirements of Annex III (Part-ORO) to Regulation (EU) No 965/2012 for EBT instructor standardisation at that EBT operator.

• (15) In point FCL.905.SFI, at the end, insert—

(e) The privileges of an SFI include privileges to conduct EBT practical assessment at an EBT operator, provided that the instructor complies with the requirements of Annex III (Part-ORO) to Regulation (EU) No 965/2012 for EBT instructor standardisation at that EBT operator.

• (16) In point FCL.930.SFI, in point (a)—

• (a) at the end of point (2), for “.” substitute “; and”.

• (b) after point (2) insert—

(3) 25 hours of teaching and learning instruction.

• (17) In point FCL.1015, for point (a) substitute—

(a) An applicant for an examiner certificate shall undertake a standardisation course which is provided by the CAA or which is provided by an ATO and approved by the CAA.

• (18) In point FCL.1025(b), for points (1) and (2) and the words in point (3) starting at the beginning and ending with the word “shall”, substitute—

(1) before the expiry date of the certificate, have conducted at least six skill tests, proficiency checks, assessments of competence, or EBT evaluation phases during an EBT module referred to in point ORO.FC.231 of Annex III (Part-ORO) to Regulation (EU) No 965/2012; (2) in the period of 12 months immediately preceding the expiry date of the certificate, have completed an examiner refresher course which is provided by the CAA or which is provided by an ATO and approved by the CAA; (3) one of the skill tests, proficiency checks, assessments of competence or EBT evaluation phases conducted in accordance with point (1) shall take place in the period of 12 months immediately preceding the expiry date of the examiner certificate and shall

• (19) In point FCL.1010.SFE(a)—

• (a) in point (1)(ii), before “an” insert “hold”;

• (b) in point (2)(ii), before “an” insert “hold”.

• (20) In Appendix 1, for points 1.1 to 1.4 substitute—

(1.1) For the issue of an LAPL, the holder of an LAPL in another category of aircraft shall be fully credited towards requirements of theoretical knowledge on the common subjects established in point FCL.120(a). (1.2) For the issue of an LAPL or a PPL, holders of a PPL, CPL or ATPL in another category of aircraft shall be credited towards requirements of theoretical knowledge on the common subjects established in point FCL.215(a). This credit shall also apply to applicants for an LAPL or a PPL who hold a BPL issued in accordance with Annex III (Part-BFCL) to Regulation (EU) 2018/395 or an SPL issued in accordance with Annex III (Part-SFCL) to Implementing Regulation (EU) 2018/1976, except that the subject ‘navigation’ shall not be credited. (1.3) For the issue of a PPL, the holder of an LAPL in the same category of aircraft shall be fully credited towards the requirements of theoretical knowledge instruction and examination. (1.4) By way of derogation from point 1.2, for the issue of an LAPL(A), the holder of an SPL issued in accordance with Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 with privileges to fly TMGs shall demonstrate an adequate level of theoretical knowledge for the single-engine piston aeroplane-land class in accordance with point FCL.135.A(a)(2).

• (21) In Appendix 3, section A, point 9, for point (b) substitute—

(b) 70 hours as PIC, of which up to 55 hours may be as SPIC. The instrument flight time as SPIC shall only be counted as PIC flight time to a maximum of 20 hours;

• (22) In Appendix 9, section B—

• (i) for the table after point (5)(k) substitute—

	(1)	(1)	(2)	(2)	(3)	(3)	(4)	(4)	(5)	(5)
	Type of operation	Type of operation	Type of operation	Type of operation	Type of operation	Type of operation	Type of operation	Type of operation	Type of operation	Type of operation
Type of aircraft	SP	SP	MP	MP	SP [image omitted] MP (initial)	SP [image omitted] MP (initial)	MP [image omitted] SP (initial)	MP [image omitted] SP (initial)	SP + MP	SP + MP
	Training	Testing/ checking	Training	Testing/checking	Training	Testing/ checking	Training, testing and checking (SE aeroplanes)	Training, testing and checking (ME aeroplanes)	SE aeroplanes	ME aeroplanes
Initial issue
All (except SP complex)	Sections 1-6	Sections 1-6	MCC CRM Human factors TEM Sections 1-7	Sections 1-6	MCC CRM Human factors TEM Section 7	Sections 1-6	1.6, 4.5, 4.6, 5.2 and, if applicable, one approach from Section 3.B	1.5, Section 6 and, if applicable, one approach from Section 3.B
SP complex	1-7	1-6	MCC CRM Human factors TEM Sections 1-7	Sections 1-6	MCC CRM Human factors TEM Section 7	Sections 1-6	1.6, 4.5, 4.6, 5.2 and, if applicable, one approach from Section 3.B	1.5, Section 6 and, if applicable, one approach from Section 3.B
Revalidation
All	n/a	Sections 1-6	n/a	Sections 1-6	n/a	n/a	n/a	n/a	MPO: Sections 1-7 (training) Section 1-6 (checking) SPO: 1.6, 4.5, 4.6, 5.2 and, if applicable, one approach from Section 3.B	MPO: Sections 1-7 (training) Sections 1-6 (checking) SPO: 1.6, Section 6 and, if applicable, one approach from Section 3.B
Renewal
All	FCL.740	Sections 1-6	FCL.740	Sections 1-6	n/a	n/a	n/a	n/a	Training: FCL.740 Check: as for the revalidation	Training: FCL.740 Check: as for the revalidation

• (ii) In point 6(i), for “FCL.720.A(e)” substitute “FCL.720.A(c)”.

• (23) After Appendix 9, insert—

Appendix 10 (1) The revalidation and renewal of type ratings as well as the revalidation and renewal of IRs when combined with the revalidation or renewal of type ratings in accordance with this Appendix shall be completed only at EBT operators which comply with all of the following: (a) they have established an EBT programme relevant for the applicable type rating or the IR in accordance with point ORO.FC.231 of Annex III (Part-ORO) to Regulation (EU) No 965/2012; (b) they have at least 3 years of experience in conducting a mixed EBT programme; (c) for each type rating within the EBT programme, the organisation has appointed an EBT manager. EBT managers shall comply with all of the following: (i) they shall hold examiner privileges for the relevant type rating; (ii) they shall have extensive experience in training as an instructor for the relevant type rating; (iii) they shall either be the person nominated in accordance with point ORO.AOC.135(a)(2) of Annex III (Part-ORO) to Regulation (EU) No 965/2012, or a deputy of that person. (2) The EBT manager responsible for the relevant type rating shall ensure that the applicant complies with all qualification, training and experience requirements of this Annex for the revalidation, or the renewal, of the relevant rating. (3) Applicants who wish to revalidate or renew a rating in accordance with this Appendix shall comply with all of the following: (a) they shall be enrolled in the operator’s EBT programme; (b) in the case of revalidation of a rating, they shall complete the operator’s EBT programme within the period of validity of the relevant rating; (c) in the case of renewal of a rating, they shall comply with procedures developed by the EBT operator in accordance with point ORO.FC.231(a)(5) of Annex III (Part-ORO) to Regulation (EU) No 965/2012. (4) The revalidation or renewal of a rating in accordance with this Appendix shall comprise all of the following: (a) continuous EBT practical assessment within an EBT programme; (b) demonstration of an acceptable level of performance in all competencies; (c) the administrative action of licence revalidation or renewal for which the EBT manager responsible for the relevant type rating shall do all of the following: (1) ensure that the requirements of point FCL.1030 are complied with; (2) when acting in accordance with point FCL.1030(b)(2), endorse the applicant’s licence with the new expiry date of the rating. That endorsement may be completed by another person on behalf of the EBT manager, if that person received a delegation from the EBT manager to do so in accordance with the procedures established in the EBT programme. The EBT operator shall ensure that the EBT practical assessment shall be conducted in accordance with the operator’s EBT programme.

Amendment of Annex 6 to Commission Regulation (EU) No 1178/2011

5

• (1) Annex 6 (Part-ARA) is amended as follows.

• (2) In point.ARA.GEN.135(a), for “Directive 2003/42/EC of the European Parliament and of the Council” substitute “Regulation (EU) No 376/2014”.

• (3) In point ARA.FCL.200—

• (a) for point (c) substitute—

(c) Endorsement of licences by examiners. Before specifically authorising an examiner to revalidate or renew ratings or certificates, the CAA shall develop appropriate procedures.

• (b) in point (e), in point (1), for “BFCL.315(a)(5)(ii)” substitute “BFCL.315(a)(4)(ii)”.

Amendment of Annex 7 to Commission Regulation (EU) No 1178/2011

6

• (1) Annex 7 (Part-ORA) is amended as follows.

• (2) For point ORA.GEN.160 substitute—

ORA.GEN.160 Occurrence reporting (a) As part of its management system, the organisation shall establish and maintain an occurrence-reporting system, including mandatory and voluntary reporting. For organisations having their principal place of business in the United Kingdom, that system shall meet the requirements of Regulation (EU) No 376/2014 on the reporting, analysis and follow up of occurrences in civil aviation[^f00004] and Regulation (EU) 2018/1139 on common rules in the field of civil aviation[^f00005]as well as any regulations made under either of those Regulations or any implementing or delegated acts under or pursuant to Regulation (EU) No 376/2014 and Regulation (EU) 2018/1139 before IP completion day. (b) The organisation shall report to the CAA and, in case of aircraft not registered in the United Kingdom, the State of Registry, any safety-related event or condition that endangers or, if not corrected or addressed, could endanger an aircraft, its occupants or any other person, and in particular any accident or serious incident. (c) Without prejudice to point (b), the organisation shall report to the CAA and the design approval holder of the aircraft any incident, malfunction, technical defect, exceeding of technical limitations, occurrence that would highlight inaccurate, incomplete or ambiguous information, contained in data established in accordance with Regulation (EU) No 748/2012, or other irregular circumstance that has or may have endangered an aircraft, its occupants or any other person and has not resulted in an accident or serious incident. (d) Without prejudice to Regulation (EU) No 376/2014, or any regulations made under that Regulation, reports in accordance with point (c) shall: - (1)be made as soon as practicable, but in any case, no later than 72 hours after the organisation has identified the event or condition to which the report relates unless exceptional circumstances prevent this; - (2)be made in a form and manner established by the CAA, as defined in point ORA.GEN.105; - (3)contain all pertinent information about the condition known to the organisation. (e) For organisations not having their principal place of business in the United Kingdom: - (1)initial mandatory reports shall: (i)appropriately safeguard the confidentiality of the identity of the reporter and of the persons mentioned in the report; (ii)be made as soon as practicable, but in any case, no later than 72 hours after the organisation has become aware of the occurrence unless exceptional circumstances prevent this; (iii)be made in a form and manner established by the CAA; (iv)contain all pertinent information about the condition known to the organisation; - (2)where relevant, a follow-up report providing details of actions the organisation intends to take to prevent similar occurrences in the future shall be made as soon as those actions have been identified; those follow-up reports shall: (i)be sent to relevant entities initially reported to in accordance with points (b) and (c); (ii)be made in a form and manner established by the CAA.

• (3) In point ORA.GEN.200(a), for point (7) substitute—

(7) any additional relevant requirements prescribed in Regulation (EU) 2018/1139 on common rules in the field of civil aviation or Regulation (EU) No 376/2014 on the reporting, analysis and follow up of occurrences in civil aviation, or any regulations made under either of those Regulations or any implementing or delegated acts under or pursuant to Regulation (EU) No 376/2014 and Regulation (EU) 2018/1139 before IP completion day.

CHAPTER 2 — Amendment of Commission Regulation (EU) No 965/2012

Commission Regulation (EU) No 965/2012 (air operations)

7

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[^f00006] is amended in accordance with regulations 8 to 11.

Amendment of Article 4 of Commission Regulation (EU) No 965/2012

8

For Article 4 (ramp inspections) substitute—

(1) Ramp inspections of aircraft operators under the safety oversight of a third country shall be carried out in accordance with Subpart Ramp of Annex II. (2) The CAA shall ensure that alcohol testing of flight crew members and cabin crew members is carried out with regard to operators under their own oversight as well as with regard to operators under the oversight of a third country. (3) Alcohol testing referred to in paragraph (2) shall be performed by ramp inspectors within the framework of the ramp inspection programme of Subpart RAMP of Annex II. (4) Results of tests carried out under paragraph (2) shall be included in the EASA centralised database in accordance with ARO.RAMP.145.

Amendment of Annex 1 to Commission Regulation (EU) No 965/2012

9

• (1) Annex 1 (definitions for terms used in Annexes 2 to 8) is amended as follows.

• (2) After paragraph (98a), insert—

(98b) ‘psychoactive substance’ means any alcohol, opioid, cannabinoid, sedative, hypnotic, cocaine, other psychostimulant, hallucinogen or volatile solvent;

• (3) After paragraph (105), insert—

(105a) ‘safety-sensitive personnel’ means persons who, if they fail to perform their duties or functions properly, may endanger the safety of an aircraft or its occupants;

Amendment of Annex 2 to Commission Regulation (EU) 965/2012

10

• (1) Annex 2 (authority requirements for air operations) is amended as follows.

• (2) In Subpart RAMP (ramp inspections of aircraft of operators under the regulatory oversight of another State)—

• (a) after point ARO.RAMP.105 insert—

ARO.RAMP.106 Alcohol testing (a) The CAA’s programme of ramp inspections shall include arrangements for alcohol testing on flight crew members and cabin crew members, based on random selection or on reasonable suspicion that the individual is under the influence or in excess of the prescribed limit of alcohol. (b) The procedures for alcohol testing shall meet recognised quality standards that ensure accurate testing results and these procedures and quality standards shall be detailed in guidance published by the CAA. (c) A flight crew member or cabin crew member: (i) who refuses to cooperate with alcohol testing; or (ii) whose alcohol test produces a reading in excess of the prescribed limit of alcohol, shall not be allowed to continue their duties on the flight in question. (d) When alcohol test data is included in the EASA centralised database in accordance with ARO.RAMP.145, the CAA shall ensure that any personal data of the crew member is excluded. (e) “prescribed limit of alcohol” means: (i) in the case of breath, 9 microgrammes of alcohol in 100 millilitres, (ii) in the case of blood, 20 milligrammes of alcohol in 100 millilitres, and (iii) in the case of urine, 27 milligrammes of alcohol in 100 millilitres.

• (b) in point ARO.RAMP.145—

• (i) in point (a), for “CAA database” substitute “database maintained by the European Aviation Safety Agency and used by the CAA in accordance with working arrangements established in accordance with article 90(2) of Regulation (EU) 2018/1139 (“the EASA centralised database”)”;

• (ii) in point (b), for “CAA database” substitute “EASA centralised database”.

Amendment of Annex 4 to Commission Regulation (EU) No 965/2012

11

• (1) Annex 4 (commercial air transport) is amended as follows.

• (2) In Subpart A (general requirements)—

• (a) in point CAT.GEN.MPA.100(c)(1), for “psychoactive substances or alcohol” substitute “a psychoactive substance”;

• (b) for point CAT.GEN.MPA.170 substitute—

CAT.GEN.MPA.170 Psychoactive substances (a) The operator shall take all reasonable measures to prevent a person boarding an aircraft or being on board an aircraft when that person is under the influence of a psychoactive substance and is behaving in such a way as to risk endangering the safety of the aircraft or of another person on board of the aircraft. (b) The operator shall develop and implement a policy on the prevention and detection of misuse of psychoactive substances by flight crew members and cabin crew members and by other safety-sensitive personnel under its direct control, in order to ensure that the safety of the aircraft or its occupants is not endangered. (c) The operator shall develop and implement an objective, transparent and non-discriminatory procedure for the prevention and detection of cases of misuse of psychoactive substances by its flight crew members and cabin crew members and other safety-sensitive personnel under its direct control. (d) The operator shall inform the CAA of any case of misuse of psychoactive substances by any person to whom the procedure in point (c) applies as soon as reasonably practicable.

• (c) after point CAT.GEN.MPA.210, insert—

CAT.GEN.MPA.215 Support programme (a) The operator shall make available to and ensure, enable and facilitate access to a proactive and non-punitive support programme for flight crew members that will assist those persons to recognise, cope with and overcome any problem which could negatively affect their ability to safely exercise the privileges of their licence. (b) The operator shall have adequate security measures in place for the protection and confidentiality of personal data contained within the support programme.

• (3) In Subpart B (operating procedures)—

• (a) after point CAT.OP.MPA.300 insert—

CAT.OP.MPA.303 In-flight check of the landing distance at time of arrival — aeroplanes (a) No approach to land shall be continued unless the landing distance available (LDA) on the intended runway is at least 115% of the landing distance at the estimated time of landing, determined in accordance with the performance information for the assessment of the landing distance at time of arrival (LDTA) and the approach to land is performed with performance class A aeroplanes that are certified in accordance with either of the following certification specifications, as indicated in the type-certificate: - (1) CS-25 or equivalent; - (2) CS-23 at level 4 with performance level “High speed” or equivalent. (b) For performance class A aeroplanes other than those referred to in point (a), no approach to land shall be continued, except where: - (1) the LDA on the intended runway is at least 115% of the landing distance at the estimated time of landing, determined in accordance with the performance information for the assessment of the LDTA; or - (2) if performance information for the assessment of the LDTA is not available, the LDA on the intended runway at the estimated time of landing is at least the required landing distance determined in accordance with point CAT.POL.A.230 or point CAT.POL.A.235, as applicable. (c) For performance class B aeroplanes, no approach to land shall be continued, except in either of the following situations: - (1) the LDA on the intended runway is at least 115% of the landing distance at the estimated time of landing, determined in accordance with the performance information for the assessment of the LDTA; or - (2) if performance information for the assessment of the LDTA is not available, the LDA on the intended runway at the estimated time of landing is at least the required landing distance determined in accordance with point CAT.POL.A.330 or point CAT.POL.A.335, as applicable. (d) For performance class C aeroplanes, no approach to land shall be continued, except in either of the following situations: - (1) the LDA on the intended runway is at least 115% of the landing distance at the estimated time of landing, determined in accordance with the performance information for the assessment of the LDTA; or - (2) if performance information for the assessment of the LDTA is not available, the LDA on the intended runway at the estimated time of landing is at least the required landing distance determined in accordance with point CAT.POL.A.430 or point CAT.POL.A.435, as applicable. (e) Performance information for the assessment of the LDTA shall be based on approved data contained in the AFM. When approved data contained in the AFM are insufficient in respect of the assessment of the LDTA, they shall be supplemented with other data which are either determined in accordance with the applicable certification standards for aeroplanes or determined in line with the AMCs issued by the CAA. (f) The operator shall specify in the OM the performance information for the assessment of the LDTA and the assumptions made for its development, including other data that, in accordance with point (e), may be used to supplement that contained in the AFM.

• (b) after point CAT.OP.MPA.310 insert—

CAT.OP.MPA.311 Reporting on runway braking action Whenever the runway braking action encountered during the landing roll is not as good as that reported by the aerodrome operator in the runway condition report (RCR), the commander shall notify the air traffic services (ATS) by means of a special air-report (AIREP) as soon as practicable.

• (4) In Subpart C (aircraft performance and operating limitations)—

• (a) in point CAT.POL.A.105, for point (d) substitute—

(d) The operator shall take account of charting accuracy when assessing the take-off requirements of the applicable chapters.

• (b) after point CAT.POL.A.250 insert—

CAT.POL.A.255 Approval of reduced required landing distance operations (a) An aeroplane operator may conduct landing operations within 80% of the landing distance available (LDA) if all of the following conditions are complied with: - (1) the aeroplane has an MOPSC of 19 or less; - (2) the aeroplane has an eligibility statement for reduced required landing distance in the AFM; - (3) the aeroplane is used in non-scheduled on-demand commercial air transport (CAT) operations; - (4) the landing mass of the aeroplane allows a full-stop landing within that reduced landing distance in the prevailing conditions; - (5) the operator has obtained prior approval from the CAA. (b) To obtain the approval referred to in point (a)(5), the operator shall provide evidence of either of the following circumstances: - (1) that a risk assessment has been conducted to demonstrate that a level of safety equivalent to that intended by point CAT.POL.A.230(a)(1) or (2), as applicable, is achieved; or - (2) that the following conditions are met: (i)special-approach procedures, such as steep approaches, planned screen heights higher than 60 feet or lower than 35 feet, low-visibility operations, or approaches outside stabilised approach criteria approved under point CAT.OP.MPA.115(a), will not be conducted; (ii)short landing operations in accordance with point CAT.POL.A.250 will not be conducted; (iii)landing on contaminated runways will not be conducted; (iv)an adequate training, checking and monitoring process for the flight crew is established; (v)an aerodrome landing analysis programme (ALAP) is established by the operator to ensure that the following conditions are met: (A) no tailwind is forecast at the expected time of arrival; (B) if the runway is forecast to be wet at the expected time of arrival, the landing distance at dispatch shall either be determined in accordance with point CAT.OP.MPA.303(a) or (b) as applicable, or shall be 115 % of the landing distance determined for dry runways, whichever is longer; (C) there are no contaminated runway conditions forecast at the expected time of arrival; (D) there are no adverse weather conditions forecast at the expected time of arrival; - (vi)all the equipment that affects landing performance is operative before commencing the flight; - (vii)the flight crew is composed of at least two qualified and trained pilots that have recency in reduced required landing distance operations in accordance with the operator’s training and checking programme; - (viii)based on the prevailing conditions and in the interests of safety, the commander shall make the final decision as to whether or not to conduct reduced required landing distance operations for the intended flight; - (ix)any additional landing conditions for the aerodrome, if specified by the competent authority that has certified the aerodrome are taken into consideration.

• (c) after point CAT.POL.A.350 insert—

CAT.POL.A.355 Approval of reduced required landing distance operations (a) Operations with a landing mass of the aeroplane that allows a full-stop landing within 80% of the LDA require prior approval by the CAA. Such approval shall be obtained for each runway on which operations with reduced required landing distance are conducted. (b) To obtain the approval referred to in point (a), the operator shall conduct a risk assessment to demonstrate that a level of safety equivalent to that intended by point CAT.POL.A.330(a) is achieved and at least the following conditions are met: - (1) the State of the aerodrome has determined a public interest and operational necessity for the operation, either due to the remoteness of the aerodrome or to physical limitations relating to the extension of the runway; - (2) short landing operations in accordance with point CAT.POL.A.350 and approaches outside stabilised approach criteria approved under point CAT.OP.MPA.115(a) and shall not be conducted; - (3) landing on contaminated runways and shall not be conducted; - (4) a specific control procedure of the touchdown area for each runway intended to be used is defined in the OM and implemented; this procedure shall include adequate go-around and balked-landing instructions when touchdown in the defined area cannot be achieved; - (5) an adequate aerodrome training and checking programme for the flight crew is established; - (6) the flight crew members are qualified and have recency in reduced required landing distance operations at the aerodrome concerned in accordance with the operator’s training and checking programme; - (7) an aerodrome landing analysis programme (ALAP) is established by the operator to ensure that the following conditions are met: (i)no tailwind is forecast at the expected time of arrival; (ii)if the runway is forecast to be wet at the expected time of arrival, the landing distance at dispatch shall either be determined in accordance with point CAT.OP.MPA.303(c), or be 115% of the landing distance determined for dry runways, whichever is longer; (iii)there are no contaminated runway conditions forecast at the expected time of arrival; (iv)there are no adverse weather conditions forecast at the expected time of arrival; - (8) operational procedures are established to ensure that: (i)all the equipment that affects landing performance and landing distance is operative before commencing the flight; (ii)deceleration devices are correctly used by the flight crew; - (9) specific maintenance instructions and operational procedures are established for the aeroplane’s deceleration devices to enhance the reliability of those systems; - (10) the final approach and landing are conducted under visual meteorological conditions (VMC) only; - (11) any additional landing conditions for the aerodrome, if specified by the competent authority that has certified the aerodrome, are taken into consideration.

CHAPTER 3 — Amendment of Commission Regulation (EU) No 139/2014

Commission Regulation (EU) No 139/2014 (aerodromes)

12

Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council[^f00007] is amended in accordance with regulations 13 to 15.

Amendment of Annex 1 to Commission Regulation (EU) No 139/2014

13

• (1) Annex 1 (definitions for terms used in Annexes 2 to 4) is amended as follows.

• (2) After point (6) (definition of “aeronautical information service”), insert—

(6a) “Aeronautical Information Circular (AIC)” means a notice containing information that does not qualify for the origination of a NOTAM or for inclusion in the AIP, but which relates to flight safety, air navigation, technical, administrative or legislative matters; (6b) “aeronautical information product” means aeronautical data and aeronautical information provided either as digital data sets or as a standardised presentation in paper or electronic media. Aeronautical information products include the following: - AIP, including amendments and supplements, - AIC, - aeronautical charts, - NOTAM, - digital data sets; (6c) “Aeronautical Information Publication (AIP)” means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation;

• (3) After point (15) (definition of “clearway”), insert—

(15a) “contaminated” in relation to a runway, means where its surface area (whether in isolated areas or not) within the length and width being used is covered in significant part by one or more of the substances listed under the runway surface condition descriptors;

• (4) After point (17) (definition of “data quality”), insert—

(17a) “data set” means an identifiable collection of data;

• (5) After point (18) (definition of “declared distances”), insert—

(18a) “dry”, in respect of runway conditions, means that the surface of the runway is free of visible moisture and not contaminated within the area intended to be used;

• (6) After point (24) (definition of “landing distance available (LDA)”), insert—

(24a) “Location Indicators” means the “Location Indicators” (Doc 7910), approved and published by the International Civil Aviation Organization;

• (7) After point (34) (definition of “non-instrument runway”), insert—

(34a) “NOTAM” means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations; (34b) “NOTAM code” means the code contained in the “Procedures for Air Navigation Services – ICAO Abbreviations and Codes” (PANS ABC – Doc 8400), approved and published by the International Civil Aviation Organization;

• (8) After point (38) (definition of “runway”), insert—

(38a) “runway condition code (RWYCC)” means a number, to be used in the runway condition report (RCR), that describes the effect of the runway surface condition on aeroplane deceleration performance and lateral control; (38b) “runway condition report (RCR)” means a comprehensive standardised report relating to the conditions of the runway surface and their effects on the aeroplane landing and take-off performance, described by means of a runway condition code; (38c) “runway strip” means a defined area including the runway and stopway, if provided, intended to: - reduce the risk of damage to aircraft running off a runway; - protect aircraft flying over it during take-off or landing operations; (38d) “runway surface condition” means a description of the condition of the runway surface used in the RCR which establishes the basis for the determination of the RWYCC for aeroplane performance purposes; (38e) “runway surface condition descriptors” means one of the following substances on the surface of the runway: - compacted snow: snow that has been compacted into a solid mass such that aeroplane tyres, at operating pressures and loadings, will run on the surface without significant further compaction or rutting of the surface; - dry snow: snow from which a snowball cannot readily be made; - frost: ice crystals formed from airborne moisture on a surface whose temperature is at or below freezing; frost differs from ice in that frost crystals grow independently and therefore, have a more granular texture; - ice: water that has frozen or compacted snow that has transitioned into ice in cold and dry conditions; - slush: snow that is so water-saturated that water will drain from it when a handful is picked up or will splatter if stepped on forcefully; - standing water: water of depth greater than 3 mm; - wet ice: ice with water on top of it or ice that is melting; - wet snow: snow that contains enough water to be able to make a well compacted, solid snowball, but water will not squeeze out’;

• (9) After point (41) (“definition of “safety management system”), insert—

(41a) “slippery wet”, in respect of runway conditions, means that the surface friction characteristics of a wet runway or a significant portion of it have been determined to be degraded; (41b) “SNOWTAM” means a special series NOTAM given in a standard format, which provides a surface condition report notifying the presence or cessation of conditions due to snow, ice, slush, frost or water associated with snow, slush, ice, or frost on the movement area;

• (10) For point (47) (“definition of terms of the certificate”) substitute—

(47) “terms of the certificate” means the following: - ICAO Location Indicators, - conditions to operate (VFR/IFR, day/night), - runway, - declared distances, - runway types and approaches provided, - aerodrome reference code, - scope of aircraft operations with higher aerodrome reference code letter, - provision of apron management services (yes/no), - rescue and firefighting level of protection;

• (11) For point (48) (“definition of visual aids”) substitute—

(48) “visual aids” means indicators and signalling devices, markings, lights, signs and markers or combinations of these;

• (12) After point (48), insert—

(49) “wet” in respect of runway conditions, means that the surface is covered by any visible dampness or water up to and including 3 mm deep within the area intended to be used.

Amendment of Annex 3 to Commission Regulation (EU) No 139/2014

14

• (1) Annex 3 (Part-ADR.OR) is amended as follows.

• (2) For point ADR.OR.D.007, substitute—

ADR.OR.D.007 Management of aeronautical data and aeronautical information (a) As part of its management system, the aerodrome operator shall implement and maintain a quality management system covering the following activities: - (1) its aeronautical data activities; - (2) its aeronautical information provision activities. (b) The aerodrome operator shall, as part of its management system, establish a security management system to ensure the security of operational data it receives, or produces, or otherwise employs, so that access to that operational data is restricted only to those authorised. (c) The security management system of the aerodrome operator shall define the following elements: - (1) the procedures relating to data security risk assessment and mitigation, security monitoring and improvement, security reviews and lesson dissemination; - (2) the means designed to detect security breaches and to alert personnel with appropriate security warnings; - (3) the means of controlling the effects of security breaches and of identifying recovery action and mitigation procedures to prevent reoccurrence. (d) The aerodrome operator shall ensure the security clearance of its personnel with respect to aeronautical data security. (e) The aerodrome operator shall take the necessary measures to protect its aeronautical data against cyber security threats.

Amendment of Annex 4 to Commission Regulation (EU) No 139/2014

15

• (1) Annex 4 (Part-ADR.OPS) is amended as follows.

• (2) For point ADR.OPS.A.010, substitute—

The aerodrome operator shall have formal arrangements with the organisations with which it exchanges aeronautical data or aeronautical information and shall ensure the following: (a) all data relevant to the aerodrome and available services is provided with the required quality; (b) data quality requirements (DQRs) are complied with at data origination and maintained during data transmission; (c) the accuracy of aeronautical data is as specified in the aeronautical data catalogue; (d) the integrity of aeronautical data is maintained throughout the data process from origination to transmission, based on the integrity classification specified in the aeronautical data catalogue; (e) procedures are put in place so that: - (1) for routine data as defined in ICAO PANS-AIM (Doc 10066), corruption is avoided throughout the processing of the data; - (2) for essential data as defined in ICAO PANS-AIM, corruption does not occur at any stage of the entire process and additional processes are included, as needed, to address potential risks in the overall system architecture to ensure data integrity at that level; - (3) for critical data as defined in ICAO PANS-AIM, corruption does not occur at any stage of the entire process and additional integrity assurance processes are included to fully mitigate the effects of faults identified by thorough analysis of the overall system architecture as potential data integrity risks; (f) the resolution of the aeronautical data is commensurate with the actual data accuracy; (g) the traceability of the aeronautical data; (h) the timeliness of the aeronautical data, including any limits on the effective period; (i) the completeness of the aeronautical data; (j) the format of the delivered data meets the specified requirements.

• (3) After point ADR.OPS.A.015, insert—

For the purpose of air navigation, the aerodrome operator shall use: (a) the World Geodetic System – 1984 (WGS-84) as the horizontal reference system; (b) the mean sea level (MSL) datum as the vertical reference system; (c) the Gregorian calendar and coordinated universal time (UTC) as the temporal reference systems. When originating, processing or transmitting data to the aeronautical information service (AIS) provider, the aerodrome operator shall: (a) ensure that digital data error detection techniques are used during the transmission and storage of aeronautical data, in order to support the applicable data integrity levels; (b) ensure that the transfer of aeronautical data is subject to a suitable authentication process such that recipients are able to confirm that the data or information has been transmitted by an authorised source. When originating, processing or transmitting data to the AIS provider, the aerodrome operator shall ensure that the aeronautical data conforms with the ‘Aeronautical Data Catalogue’ referred to in ICAO PANS-AIM (Doc 10066). When originating, processing or transmitting data to the AIS provider, the aerodrome operator shall ensure that validation and verification techniques are employed so that the aeronautical data meets the associated DQRs. In addition: (a) the verification shall ensure that the aeronautical data is received without corruption and that the aeronautical data process does not introduce corruption; (b) aeronautical data and aeronautical information entered manually shall be subject to independent verification to detect any errors that may have been introduced; (c) when using aeronautical data to obtain or calculate new aeronautical data, the initial data shall be verified and validated, except when provided by an authoritative source. The aerodrome operator shall ensure that: (a) errors identified during data origination and after data delivery are addressed, corrected or resolved; (b) priority is given to managing errors in critical and essential aeronautical data. The aerodrome operator shall ensure that metadata include, as a minimum: (a) the identification of the organisations or entities performing any action of originating, transmitting or manipulating the aeronautical data; (b) the action performed; (c) the date and time the action was performed. ADR.OPS.A.050 Data transmission The aerodrome operator shall ensure that aeronautical data is transmitted by electronic means. ADR.OPS.A.055 Tools and software When originating, processing or transmitting aeronautical data to the AIS provider, the aerodrome operator shall ensure that tools and software used to support or automate aeronautical data processes perform their functions without adversely impacting the quality of the aeronautical data.

• (4) Before Subpart B, insert—

ADR.OPS.A.057 Origination of NOTAM (a) The aerodrome operator shall: - (1)establish and implement procedures in accordance with which it originates a NOTAM issued by the relevant aeronautical information services provider that contains either or both of the following: (i)information on the establishment, condition, or change of any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel involved with flight operations; (ii)information of a temporary nature and of short duration or that concerns operationally significant permanent changes or temporary changes of long duration (three months or longer) that are made at short notice, except for extensive text or graphics; - (2)designate aerodrome personnel, who have successfully completed relevant training and demonstrated their competence, to originate NOTAM and provide relevant information to the aeronautical information service providers with which it has arrangements; - (3)ensure that all other aerodrome personnel whose duties involve the use of NOTAM have successfully completed relevant training and demonstrated their competence to do so. (b) The aerodrome operator shall originate a NOTAM when it is necessary to provide the following information: - (1)establishment of, closure of, or significant changes in the operation of aerodromes or heliports or runways; - (2)establishment of, withdrawal of, or significant changes in the operation of the aerodrome services; - (3)establishment of, withdrawal of, or significant changes in the operational capability of radio navigation and air-ground communication services for which the aerodrome operator is responsible; - (4)unavailability of backup and secondary systems, having a direct operational impact; - (5)establishment of, withdrawal of, or significant changes to visual aids; - (6)interruption of, or return to operation of, major components of aerodrome lighting systems; - (7)establishment of, withdrawal of, or significant changes to procedures for air navigation services for which the aerodrome operator is responsible; - (8)occurrence or correction of major defects or impediments in the manoeuvring area; - (9)changes to, and limitations on, the availability of fuel, oil and oxygen; - (10)establishment of, withdrawal of, or return to, operation of hazard beacons marking obstacles to air navigation; - (11)planned laser emissions, laser displays and search lights in the aerodrome surroundings, if pilots’ night vision is likely to be impaired; - (12)erecting or removal of, or changes to, obstacles to air navigation in the take-off, climb, missed approach, approach areas, as well as on the runway strip; - (13)changes in aerodrome or heliport rescue and firefighting category; - (14)presence of, removal of, or significant changes in, hazardous conditions due to snow, slush, ice, radioactive material, toxic chemicals, volcanic ash deposition or water on the movement area; - (15)presence of a runway or portion of a runway which is slippery wet; - (16)presence of a runway which is not available due to runway marking works; or information about the time lag required for making the runway available, if the equipment used for such works can be removed, when necessary; - (17)presence of hazards that affect air navigation, including presence of wildlife, obstacles, displays and major events. (c) For the purposes of point (b), the aerodrome operator shall ensure that: - (1)a NOTAM is originated with sufficient lead time for the affected parties to take any required action, except in the case of unserviceability, release of radioactive material, toxic chemicals and other events that cannot be foreseen; - (2)a NOTAM notifying unserviceability of associated facilities, services and navigation aids at the aerodrome, provides an estimate of the unserviceability period or of the time at which restoration of service is expected; - (3)within three months from the issuance of a permanent NOTAM, the information contained in the NOTAM is included in the aeronautical information products affected; - (4)within three months from the issuance of a temporary NOTAM of long duration (three months or longer), the information contained in the NOTAM is included in an AIP supplement; - (5)when a NOTAM with an estimated end of validity unexpectedly exceeds the three-month period, a replacement NOTAM is originated unless the condition is expected to last for a further period of more than three months; in that case, the aerodrome operator shall ensure that the information is published in an AIP supplement. (d) In addition, the aerodrome operator shall ensure that: - (1)except as provided for in point (d)(4), each NOTAM it originates contains the applicable information in the order shown in the NOTAM format set out in ICAO PANS-AIM (Doc 10066); - (2)NOTAM text is composed of the significations or uniform abbreviated phraseology assigned to the ICAO NOTAM Code, complemented by ICAO abbreviations, indicators, identifiers, designators, call signs, frequencies, figures and plain language; - (3)NOTAM is originated in the English language or the national language, as agreed with the relevant aeronautical information services provider; - (4)information concerning snow, slush, ice, frost, standing water or water associated with snow, slush, ice or frost on the movement area is disseminated by means of SNOWTAM and contains the information in the order shown in the SNOWTAM format in ICAO PANS-AIM (Doc 10066); - (5)when an error has occurred in a NOTAM, a NOTAM with a new number is originated to replace the erroneous NOTAM or the erroneous NOTAM is cancelled and a new NOTAM is originated; - (6)when a NOTAM is originated to cancel or replace a previous NOTAM: (i)the series and number/year of the previous NOTAM are indicated; (ii)the Location Indicators and subject of both NOTAM are the same; - (7)only one NOTAM is cancelled or replaced by a new NOTAM; - (8)each originated NOTAM deals with only one subject and one condition of the subject; - (9)each originated NOTAM is as brief as possible and compiled so that its meaning is clear without the need to refer to another document; - (10)an originated NOTAM containing permanent or temporary information of long duration (three months or longer) includes appropriate references to the AIP or AIP supplement; - (11)the ICAO Location Indicator included in the text of an originated NOTAM for the aerodrome is the one contained in the Location Indicators. A curtailed form of such indicators shall not be used. (e) The aerodrome operator shall, following the publication of a NOTAM that it has originated, review its content to ensure its accuracy, and ensure the dissemination of the information to all relevant aerodrome personnel and organisations at the aerodrome. (f) The aerodrome operator shall maintain records: - (1)of the NOTAM it originated and those that were issued; - (2)regarding the implementation of points (a)(2) and (3). The aerodrome operator shall report to the aeronautical information services and air traffic services units on matters of operational significance affecting aircraft and aerodrome operations on the movement area, particularly in respect of the presence of the following: (a) water; (b) snow; (c) slush; (d) ice; (e) frost; (f) anti-icing or de-icing liquid chemicals or other contaminants; (g) snowbanks or drifts. ADR.OPS.A.065 Reporting of the runway surface condition (a) The aerodrome operator shall report the runway surface condition over each third of the runway using a runway condition report (RCR). The report shall include a runway condition code (RWYCC) using numbers 0 to 6, the contaminant coverage and depth, and a description using the following terms: - COMPACTED SNOW; - DRY; - DRY SNOW; - DRY SNOW ON TOP OF COMPACTED SNOW; - DRY SNOW ON TOP OF ICE; - FROST; - ICE; - SLUSH; - STANDING WATER; - WATER ON TOP OF COMPACTED SNOW; - WET; - WET ICE; - WET SNOW; - WET SNOW ON TOP OF COMPACTED SNOW; - WET SNOW ON TOP OF ICE. (b) Reporting shall commence when a significant change in runway surface condition occurs due to water, snow, slush, ice or frost. (c) Reporting of the runway surface condition shall continue to reflect significant changes until the runway is no longer contaminated. When that situation occurs, the aerodrome operator shall issue an RCR that states that the runway is wet or dry as appropriate. (d) Friction measurements shall not be reported. (e) When a paved runway or portion of a paved runway is slippery wet, the aerodrome operator shall make such information available to the relevant aerodrome users. That shall be done by originating a NOTAM and shall describe the location of the affected portion.

• (5) After point ADR.OPS.B.035, insert—

Whenever the contaminants listed in points ADR.OPS.A.060(a) to (e) are present on the surface of a runway, the aerodrome operator shall: (a) assign a RWYCC based on the type and depth of the contaminant and temperature; (b) inspect the runway whenever the runway surface condition may have changed due to meteorological conditions, assess the runway surface condition and assign a new RWYCC; (c) use special air-reports to trigger reassessment of RWYCC.

CHAPTER 4 — Amendment of Commission Regulation (EU) No 1321/2014

Commission Regulation (EU) No 1321/2014 (continuing airworthiness)

16

Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, is amended in accordance with regulation 17.

Amendment of Annex 1 to Commission Regulation (EU) No 1321/2014

17

In Annex 1 (Part-M), after point M.A.302(d)(2)(ii) insert—

(3) the applicable provisions of Annex I (Part-26) to Regulation (EU) 2015/640.

CHAPTER 5 — Amendment of Commission Regulation (EU) No 2015/640

Commission Regulation (EU) 2015/640 (airworthiness specifications)

18

Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012[^f00008] is amended in accordance with regulations 19 to 21.

Amendment of Article 1 of Commission Regulation (EU) 2015/640

19

For Article 1 (scope) substitute—

(1) This Regulation lays down common additional airworthiness specifications related to the continuing airworthiness and safety improvements of aircraft. (2) This Regulation applies to: (a) operators of: (i) aircraft registered in the United Kingdom; (ii) aircraft registered in a third country and used by an operator over which the United Kingdom ensures oversight; (b) holders of a type-certificate, restricted type-certificate, supplemental type-certificate or a change and repair design approval approved by the CAA in accordance with Commission Regulation (EU) No 748/2012 or deemed to have been issued in accordance with Article 3 of that Regulation; (c) the applicants for a type-certificate or a restricted type-certificate for a turbine-powered large aeroplane, for which the application was submitted before 1 January 2019 and who are issued with the certificate after 26 August 2020 when specified in Annex I (Part-26).

Amendment of Article 2 Commission Regulation (EU) 2015/640

20

For Article 2 (definitions), substitute—

For the purposes of this Regulation, (a) ‘airworthiness limitation section’ (ALS) means a section in the instructions for continued airworthiness, as required by points 21.A.61, 21.A.107 and 21.A.120A of Annex I (Part 21) to Regulation (EU) No 748/2012, that contains airworthiness limitations that set out each mandatory replacement time, inspection interval and related inspection procedure; (b) ‘baseline structure’ refers to the structure that is designed under the type certificate for that aeroplane model (that is, the ‘as delivered aeroplane model configuration’); (c) ‘corrosion prevention and control programme’ (CPCP) means a document reflecting a systematic approach to prevent and to control corrosion in an aeroplane’s primary structure, consisting of basic corrosion tasks, including inspections, areas subject to those tasks, defined corrosion levels and compliance times (implementation thresholds and repeat intervals). A baseline CPCP is established by the type certificate holder, which can be adapted by operators to create a CPCP in their maintenance programme specific to their operations; (d) ‘damage tolerance evaluation’ (DTE) is a process that leads to a determination of maintenance actions necessary to detect or preclude fatigue cracking that could contribute to a catastrophic failure. When applied to repairs and changes, a DTE includes the evaluation of the repair or change and the fatigue critical structure affected by the repair or change; (e) ‘damage tolerance inspection’ (DTI) means a documented inspection requirement or other maintenance action developed by holders of a type-certificate or restricted type-certificate as a result of a damage tolerance evaluation. A DTI includes the areas to be inspected, the inspection method, the inspection procedures (including the sequential inspection steps and acceptance and rejection criteria), the inspection threshold and any repetitive intervals associated with those inspections. DTIs may also specify maintenance actions such as replacement, repair or modification; (f) ‘fatigue-critical baseline structure’ (FCBS) means the baseline structure of an aeroplane that is classified by the type certificate holder as a fatigue-critical structure; (g) ‘fatigue-critical structure’ (FCS) means a structure of an aeroplane that is susceptible to fatigue cracking that could lead to a catastrophic failure of the aeroplane; (h) ‘fatigue-critical modified structure’ (FCMS) means any fatigue critical structure of an aeroplane introduced or affected by a change to its type design and that is not already listed as part of the fatigue-critical baseline structure; (i) ‘limit of validity’ (LOV) means, in the context of the engineering data that supports the structural maintenance programme, a period of time, stated as a number of total accumulated flight cycles or flight hours or both, during which it is demonstrated that widespread fatigue damage will not occur in the aeroplane; (j) ‘maximum operational passenger seating configuration’ means the maximum passenger seating capacity of an individual aircraft, excluding crew seats, established for operational purposes and specified in the operations manual; (k) ‘large aeroplane’ means an aeroplane that has the Certification Specifications for large aeroplanes ‘ CS-25 ’ or equivalent in its certification basis; (l) ‘large helicopter’ means a helicopter that has the Certification Specifications for large rotorcraft ‘ CS-29 ’ or equivalent in its certification basis; (m) ‘low-occupancy aeroplane’ means an aeroplane that has a maximum operational passenger seating configuration of: - (1)up to and including 19 seats, or; - (2)up to and including one third of the maximum passenger seating capacity of the type-certified aeroplane, as indicated in the aeroplane type-certificate data sheet (TCDS), provided that both of the following conditions are met: - (a)the total number of passenger seats approved for occupancy during taxiing, take-off or landing does not exceed 100 per deck; - (b)the maximum operational passenger seating configuration during taxiing, take-off or landing in any individual zone between pairs of emergency exits (or any dead-end zone) does not exceed one third of the sum of the passenger seat allowances for the emergency exit pairs bounding that zone (using the passenger seat allowance for each emergency exit pairs as defined by the applicable certification basis of the aeroplane). For the purpose of determining compliance with this zonal limitation, in the case of an aeroplane that has deactivated emergency exits, it shall be assumed that all emergency exits are functional. (n) ‘repair evaluation guideline’ (REG) means a process established by the type certificate holder that guides operators to establish damage tolerance inspections for repairs that affect fatigue-critical structure to ensure the continued structural integrity of all relevant repairs; (o) ‘widespread fatigue damage’ (WFD) means a simultaneous presence of cracks at multiple locations in the structure of an aeroplane that are of such size and number that the structure will no longer meet the fail-safe strength or residual strength used for certification of that structure.

Amendment of Annex 1 to Commission Regulation (EU) 2015/640

21

• (1) Annex 1 (Part-26 – additional airworthiness specifications for operations) is amended as follows.

• (2) For the Table of Contents, substitute—

• SUBPART A – GENERAL PROVISIONS
• 26.20 Temporary inoperative equipment
• 26.30 Demonstration of compliance
• SUBPART B – LARGE AEROPLANES
• 26.50 Seats, berths, safety belts, and harnesses
• 26.60 Emergency landing – dynamic conditions
• 26.100 Location of emergency exits
• 26.105 Emergency exit access
• 26.110 Emergency exit markings
• 26.120 Interior emergency lighting and emergency light operation
• 26.150 Compartment interiors
• 26.155 Flammability of cargo compartment liners
• 26.156 Thermal or acoustic insulation materials
• 25.157 Conversion of Class D compartments
• 26.160 Lavatory fire protection
• 26.170 Fire extinguishers
• 26.200 Landing gear aural warning
• 26.205 Runway overrun awareness and alerting systems
• 26.250 Flight crew compartment door operating systems – single incapacitation
• 26.300 Continuing structural integrity programme for ageing aeroplanes structures – general requirements
• 26.301 Compliance Plan for (R)TC holders
• 26.302 Fatigue and damage tolerance evaluation
• 26.303 Limit of Validity
• 26.304 Corrosion prevention and control programme
• 26.305 Validity of the continuing structural integrity programme
• 26.306 Fatigue critical baseline structure
• 26.307 Damage tolerance data for existing changes to fatigue critical structure
• 26.308 Damage tolerance data for existing repairs to fatigue critical structure
• 26.309 Repair evaluation guidelines
• 26.330 Damage tolerance data for existing supplemental type-certificates (STCs), other existing major changes and existing repairs affecting those changes or STCs
• 26.331 Compliance Plan for STC holders
• 26.332 Identification of changes affecting fatigue critical structure
• 26.333 Damage tolerance data for STCs and repairs to those STCs approved on or after 1 September 2003
• 26.334 Damage tolerance data for STCs and other changes and repairs to those changes approved before 1 September 2003
• 26.370 Continuing airworthiness tasks and aircraft maintenance programme
• SUBPART C – LARGE HELICOPTERS
• 26.400 Fire extinguishers
• Appendix I – List of aeroplane models not subject to certain provisions of Annex I (Part 26)

• (3) In point 26.30—

• (a) for point (a) substitute—

(a) The CAA shall issue, in accordance with Article 76(3) of Regulation (EU) 2018/1139, certification specifications as standard means to demonstrate compliance with this Annex. The certification specifications shall be sufficiently detailed and specific to indicate the conditions under which compliance with the requirements of this Annex may be demonstrated.

• (b) for point (b) substitute—

(b) Operators and holders of a type certificate, restricted type certificate, supplemental type certificate or a change and repair design approval may demonstrate compliance with the requirements of this Annex by complying with either of the following: (i) the specifications issued by the CAA under point (a) of this point or the equivalent certification specifications issued by the CAA under point 21.B.70 of Annex I to Regulation (EU) No 748/2012; (ii) technical standards offering an equivalent level of safety to those included in those certification specifications.

• (c) after point 26.30(b) insert—

(c) Holders of a type certificate, restricted type certificate, supplemental type certificate or a change and repair design approval shall make available to each known operator of the aeroplanes any changes to the “Instructions for Continued Airworthiness” (ICA) required to demonstrate compliance with this Annex. For the purposes of this Regulation, the ICA also include damage tolerance inspections (DTIs), repair evaluation guidelines (REGs), a baseline corrosion prevention and control programme (CPCP) and a list of fatigue-critical structures (FCSs) and airworthiness limitation sections (ALSs).

• (4) For the text of point 26.60 substitute—

Operators of large aeroplanes used in commercial air transport of passengers, type-certified on or after 1 January 1958, and for which the individual certificate of airworthiness is first issued on or after 26 February 2021 shall demonstrate for each seat type design approved for occupancy during taxiing, take-off or landing that the occupant is protected when exposed to loads resulting from emergency landing conditions. The demonstration shall be made by one of the following means: (a) successfully completed dynamic tests; (b) rational analysis providing equivalent safety, based on dynamic tests of a similar seat type design. The obligation set out in the first point shall not apply to the following seats: (a) flight deck crew seats; (b) seats in low-occupancy aeroplanes involved only in on-demand non-scheduled commercial air transport operations; (c) seats in an aeroplane model listed in Table A.1 of Appendix 1 and carrying a manufacturer serial number listed in that Table.

• (5) After point 26.156 insert—

(26.157) Operators of large aeroplanes used in commercial air transport, type certified on or after 1 January 1958 shall ensure that: (a) for aeroplanes, the operation of which involves the transport of passengers, each Class D cargo or baggage compartment, regardless of its volume, complies with the certification specifications applicable to a Class C compartment; (b) for aeroplanes, the operation of which involves the transport of cargo only, each Class D cargo compartment, regardless of its volume, complies with the certification specifications applicable to either a Class C or a Class E compartment.

• (6) After point 26.200 insert—

26.205 Runway overrun awareness and alerting systems (a) Operators of large aeroplanes used in commercial air transport shall ensure that every aeroplane for which the first individual certificate of airworthiness was issued on or after 1 January 2026, is equipped with a runway overrun awareness and alerting system. (b) This system shall be designed in a manner allowing to reduce the risk of a longitudinal runway excursion during landing by providing an alert, in-flight and on the ground, to the flight crew when the aeroplane is at risk of not being able to stop within the available distance to the end of the runway.

• (7) After point 26.250 insert—