AIR OPS

Annex I to VIII
 Air Operations Regulation

Commission Regulation (EU) No 965/2012 of 05 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
Initially published on 25.10.2012, Official Journal L 296
amended by
EU No. 800/2013
EU No. 71/2014
EU No. 83/2014
EU No. 379/2014

and related EASA Decisions

(AMC&GM and CS-FTL.1)
ED Decision 2014/025/R (Subpart.ARO.RAMP)
ED Decision 2014/019/R (GM to the Cover Regulation)
ED Decision 2013/017/R (GM to Definitions)
ED Decision 2014/014/R (Part-ARO)
ED Decision 2014/017/R (Part-ORO)
ED Decision 2014/002/R (CS-FTL.1)
ED Decision 2014/015/R (Part-CAT)
ED Decision 2013/020/R (Part-SPA)
ED Decision 2013/021/R (Part-NCC)
ED Decision 2014/016/R (Part-NCO)
ED Decision 2014/018/R (Part-SPO)

Second edition
September 2014
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AIR OPS rules, AMC/GM and CS-FTL.1 – rev. September 2014 Note from the Editor

Note from the Editor

This is the updated version of the consolidated AIR OPS rules. It contains the AMC &GM beind the respective rules para-
graphs. All amending regulations and decisions (see page 1) have been consolidated into one consecutive document.
Because of the numerous amendments that happened within a short period of time and that cover long stretches of text,
the Technical Publications layout element of amendment lines has not been applide for this publication.

Cologne, September 2014

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AIR OPS rules, AMC/GM and CS-FTL.1 – rev. September 2014 4 | AIR OPS

Disclaimer

This AIR OPS consolidated version has been prepared by the Agency in order to provide stakeholders with an updated and
easy-to-read publication. It has been prepared by combining the officially published corresponding text of the regulation
and all amendments together with the acceptable means of compliance, guidance material and certification specifications
for FTL (CS-FTL.1) adopted so far. However, this is not an official publication and the Agency accepts no liability for damage
of any kind resulting from the risks inherent in the use of this document.
Officially published documents, used to amalgamate all the elements into this consolidated version, may be found on the
Agency’s webpage www.easa.europa.eu
The format of this publication has been adjusted in order to make it easier to read and for reference purposes. Readers are
invited and encouraged to report to [email protected] any perceived errors or comments relating to this publication.
The footnotes in this document are numbered from 1 on each page where they appear.

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AIR OPS rules, AMC/GM and CS-FTL.1 – rev. September 2014 5 | AIR OPS

Key to use of document Annex number and

Part of the rule

AIR OPS and AMC/GM – January 2013 ANNEX II Part-ARO Implementing Rule (no
ARO.GEN.350 Findings and corrective actions — organisations
coloured bar on the side
of the page)
(a) The competent authority for oversight in accordance with ARO.GEN.300 (a) shall have a system to analyse
findings for their safety significance.
(b) A level 1 finding shall be issued by the competent authority when any significant non-compliance is

ARO GEN
detected with the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules,
with the organisation’s procedures and manuals or with the terms of an approval or certificate which low-
ers safety or seriously hazards flight safety.
The level 1 findings shall include:

AIR OPS
(1) failure to give the competent authority access to the organisation’s facilities as defined in ORO.GEN.140
during normal operating hours and after two written requests;
(2) obtaining or maintaining the validity of the organisation certificate by falsification of submitted docu-
mentary evidence; Subpart of the rule
(3) evidence of malpractice or fraudulent use of the organisation certificate; and
(4) the lack of an accountable manager.
(c) A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the
applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the organisa-
tion’s procedures and manuals or with the terms of an approval or certificate which could lower safety or
hazard flight safety.
(d) When a finding is detected during oversight or by any other means, the competent authority shall, without
prejudice to any additional action required by Regulation (EC) No 216/2008 and its Implementing Rules,
communicate the finding to the organisation in writing and request corrective action to address the non-
compliance(s) identified. Where relevant, the competent authority shall inform the State in which the air-
craft is registered.
(1) In the case of level 1 findings the competent authority shall take immediate and appropriate action
to prohibit or limit activities, and if appropriate, it shall take action to revoke the certificate or specific
approval or to limit or suspend it in whole or in part, depending upon the extent of the level 1 finding,
until successful corrective action has been taken by the organisation.
(2) In the case of level 2 findings, the competent authority shall:
(i) grant the organisation a corrective action implementation period appropriate to the nature of the
finding that in any case initially shall not be more than 3 months. At the end of this period, and sub-
ject to the nature of the finding, the competent authority may extend the 3 month period subject to
a satisfactory corrective action plan agreed by the competent authority; and
(ii) assess the corrective action and implementation plan proposed by the organisation and, if the
assessment concludes that they are sufficient to address the non-compliance(s), accept these.
(3) Where an organisation fails to submit an acceptable corrective action plan, or to perform the corrective

AMC – Acceptable Means of

action within the time period accepted or extended by the competent authority, the finding shall be
raised to a level 1 finding and action taken as laid down in (d)(1).
AIR OPS and AMC/GM – January 2013 ANNEX II Part-ARO
(4) The competent authority shall record all findings it has raised or that have been communicated to it
and, where applicable, the enforcement measures it has applied, as well as all corrective actions and
AMC1 date
ARO.GEN.305(b)
of action closure for fiOversight
ndings. programme
Compliance (pages with thick
(e) Without prejudice to any additional enforcement measures, when the authority of a Member State acting
SPECIFIC NATURE AND COMPLEXITY OF THE ORGANISATION, RESULTS OF PAST OVERSIGHT
under the provisions of ARO.GEN.300 (d) identifies any non-compliance with the applicable requirements
yellow bars)
(a) When determining
of Regulation the216/2008
(EC) No oversightand
programme for an organisation
its Implementing Rules by anthe competentcertifi
organisation authority
ed byshould consider
the competent
in particular the following elements,
State orasthe
applicable:
ARO GEN

authority of another Member Agency, it shall inform that competent authority and provide an
indication
(1) of the level of fiby
the implementation nding.
the organisation of industry standards, directly relevant to the organisation’s
activity subject to this Regulation;
(2) the procedure applied for and scope of changes not requiring prior approval;
AIR OPS

(3) specific approvals held by the organisation;

(4) specific procedures implemented by the organisation related to any alternative means of compliance
used.
(b) For the purpose of assessing the complexity of an organisation’s management system, AMC1 ORO.
GEN.200(b) should be used.
(c) Regarding results of past oversight, the competent authority should also take into account relevant results
of ramp inspections of organisations it has certified that were performed in other Member States in accord-
ance with ARO.RAMP. 41 | ARO

AIR OPS and AMC/GM – January 2013 ANNEX II Part-ARO

GM – Guidance Material
GM1 ARO.GEN.300(a); (b);(c) Oversight (pages with thick green bars)
GENERAL
(a) Responsibility for the conduct of safe operations lies with the organisation. Under these provisions a posi-
tive move is made towards devolving upon the organisation a share of the responsibility for monitoring
ARO GEN

the safety of operations. The objective cannot be attained unless organisations are prepared to accept the
implications of this policy including that of committing the necessary resources to its implementation. Cru-
cial to the success of the policy is the content of Part-ORO, which requires the establishment of a manage-
31 | ARO
ment system by the organisation.
AIR OPS

(b) The competent authority should continue to assess the organisation’s compliance with the applicable
requirements, including the effectiveness of the management system. If the management system is judged
to have failed in its effectiveness, then this in itself is a breach of the requirements which may, among oth-
ers, call into question the validity of a certificate, if applicable.
(c) The accountable manager is accountable to the competent authority as well as to those who may appoint
him/her. It follows that the competent authority cannot accept a situation in which the accountable man-
ager is denied sufficient funds, manpower or influence to rectify deficiencies identified by the management
system.

GM1 ARO.GEN.300(d) Oversight

ACTIVITIES WITHIN THE TERRITORY OF THE MEMBER STATE

(a) Activities performed in the territory of the Member State by persons or organisations established or resid-
ing in another Member State include:
(1) activities of organisations certified by the competent authority of any other Member State or the
Agency; and
(2) activities of persons holding a licence, certificate, rating, or attestation issued by the competent author-
ity of any other Member State.
(b) Audits and inspections of such activities, including ramp and unannounced inspections, should be pri-
oritised towards those areas of greater safety concern, as identified through the analysis of data on safety
hazards and their consequences in operations.

5 | AIR OPS
 European Aviation Safety Agency

Table of Contents of the entire document

Cover Regulation
Annex I - Definitions
Annex II - Part ARO
Annex III - Part ORO
CS-FTL.1
Annex IV - Part CAT
Annex V - Part SPA
Annex VI - Part NCC
Annex VII - Part NCO
Annex VIII - Part SPO

Second edition

September 2014
 European Aviation Safety Agency

COVER REGULATION

Articles 1 to 10

Second edition

September 2014
 AIR OPS rules, AMC/GM and CS-FTL.1 – rev. September 2014 COVER REGULATION

Article 1
Subject matter and scope
COVER REGULATION

1. This Regulation lays down detailed rules for air operations with aeroplanes, helicopters, balloons and
s­ ailplanes, including ramp inspections of aircraft of operators under the safety oversight of another State
when landed at aerodromes located in the territory subject to the provisions of the Treaty.
2. This Regulation also lays down detailed rules on the conditions for issuing, maintaining, amending, limit-
ing, suspending or revoking the certificates of operators of aircraft referred to in Article 4(1)(b) and (c) of
Regulation (EC) No 216/2008 engaged in commercial air transport operation, the privileges and respon-
AIR OPS

sibilities of the holders of certificates as well as conditions under which operations shall be prohibited,
limited or subject to certain conditions in the interest of safety.
3. This Regulation also lays down detailed rules on the conditions and procedures for the declaration by,
and for the oversight of, operators engaged in commercial specialised operations and non-commercial
operation of complex motor-powered aircraft, including non-commercial specialised operations of
­complex motor-powered aircraft.
4. This Regulation also lays down detailed rules on the conditions under which certain high risk commercial
specialised operations shall be subject to authorisation in the interest of safety, and on the conditions for
issuing, maintaining, amending, limiting, suspending or revoking the authorisations.
5. This Regulation shall not apply to air operations within the scope of Article 1(2)(a) of Regulation (EC)
No 216/2008.
6. This Regulation shall not apply to air operations with tethered balloons and airships as well as tethered
balloon flights.

Article 2
Definitions

For the purposes of this Regulation:

1. ‘Commercial air transport (CAT) operation’ means an aircraft operation to transport passengers, cargo or
mail for remuneration or other valuable consideration.
2. ‘Performance class B aeroplanes’ means aeroplanes powered by propeller engines with an maximum
operational passenger seating configuration of nine or less and a maximum take-off mass of 5 700 kg or
less.
3. 'Public interest site (PIS)' means a site used exclusively for operations in the public interest.
4. 'Operation in performance class 1' means an operation that, in the event of failure of the critical engine,
the helicopter is able to land within the rejected take-off distance available or safely continue the flight to
an appropriate landing area, depending on when the failure occurs.
5. 'Performance-based navigation (PBN)' means area navigation based on performance requirements for
aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace.
6. 'Air taxi operation' means, for the purpose of flight time and duty time limitations, a non-scheduled on
demand commercial air transport operation with an aeroplane with a maximum operational passenger
seating configuration ('MOPSC') of 19 or less.
7. ‘Specialised operation’ means any operation other than commercial air transport where the aircraft is
used for specialised activities such as agriculture, construction, photography, surveying, observation and
patrol, aerial advertisement.
8. 'High risk commercial specialised operation' means any commercial specialised aircraft operation carried
out over an area where the safety of third parties on the ground is likely to be endangered in the event of
an emergency or, as determined by the competent authority of the place where the operation is
­conducted, any commercial specialised aircraft operation that, due to its specific nature and the local
environment in which it is conducted, poses a high risk, in particular to third parties on the ground;
9. 'Introductory flight' means any flight against remuneration or other valuable consideration consisting of
an air tour of short duration, offered by an approved training organisation or an organisation created

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AIR OPS rules, AMC/GM and CS-FTL.1 – rev. September 2014 COVER REGULATION

with the aim of promoting aerial sport or leisure aviation, for the purpose of attracting new trainees or
new members.

COVER REGULATION
10. 'Competition flight' means any flying activity where the aircraft is used in air races or contests, as well as
where the aircraft is used to practice for air races or contests and to fly to and from racing or contest
events.
11. 'Flying display' means any flying activity deliberately performed for the purpose of providing an exhibi-
tion or entertainment at an advertised event open to the public, including where the aircraft is used to
practice for a flying display and to fly to and from the advertised event.
Additional definitions are laid down in Annex I for the purposes of Annexes II to VIII.

AIR OPS
Article 3
Oversight capabilities

1. Member States shall designate one or more entities as the competent authority within that Member State
with the necessary powers and allocated responsibilities for the certification and oversight of persons
and organisations subject to Regulation (EC) No 216/2008 and its implementing rules.
2. If a Member State designates more than one entity as competent authority:
(a) the areas of competence of each competent authority shall be clearly defined in terms of respon-
sibilities and geographic limitation; and
(b) coordination shall be established between those entities to ensure effective oversight of all organ-
isations and persons subject to Regulation (EC) No 216/2008 and its implementing rules within
their respective remits.
3. Member States shall ensure that the competent authority(ies) has(ve) the necessary capability to ensure
the oversight of all persons and organisations covered by their oversight programme, including sufficient
resources to fulfil the requirements of this Regulation.
4. Member States shall ensure that competent authority personnel do not perform oversight activities when
there is evidence that this could result directly or indirectly in a conflict of interest, in particular when
relating to family or financial interest.
5. Personnel authorised by the competent authority to carry out certification and/or oversight tasks shall be
empowered to perform at least the following tasks:
(a) examine the records, data, procedures and any other material relevant to the execution of the
c­ ertification and/or oversight task;
(b) take copies of or extracts from such records, data, procedures and other material;
(c) ask for an oral explanation on site;
(d) enter relevant premises, operating sites or means of transport;
(e) perform audits, investigations, assessments, inspections, including ramp inspections and unan-
nounced inspections;
(f) take or initiate enforcement measures as appropriate.
6. The tasks under paragraph 5 shall be carried out in compliance with the legal provisions of the relevant
Member State.

Article 4
Ramp inspections

Ramp inspections of aircraft of operators under the safety oversight of another Member State or of a third coun-
try shall be carried out in accordance with Subpart RAMP of Annex II.

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 AIR OPS rules, AMC/GM and CS-FTL.1 – rev. September 2014 COVER REGULATION

Article 5
Air operations
COVER REGULATION

1. Operators shall only operate an aircraft for the purpose of commercial air transport (hereinafter "CAT")
operations as specified in Annexes III and IV.
1a. Operators engaged in CAT operations starting and ending at the same aerodrome/operating site with
Performance class B aeroplanes or non-complex helicopters shall comply with the relevant provisions of
Annexes III and IV.
AIR OPS

2. Operators shall comply with the relevant provisions of Annex V when operating:
(a) aeroplanes and helicopters used for:
(i) operations using performance-based navigation (PBN);
(ii) operations in accordance with minimum navigation performance specifications (MNPS);
(iii) operations in airspace with reduced vertical separation minima (RVSM);
(iv) low visibility operations (LVO);
(b) aeroplanes, helicopters, balloons and sailplanes used for the transport of dangerous goods (DG);
(c) two-engined aeroplanes used for extended range operations (ETOPS) in commercial air transport;
(d) helicopters used for commercial air transport operations with the aid of night vision imaging sys-
tems (NVIS);
(e) helicopters used for commercial air transport hoist operations (HHO); and
(f) helicopters used for commercial air transport emergency medical service operations (HEMS).
3. Operators of complex motor-powered aeroplanes and helicopters involved in non-commercial opera-
tions shall declare their capability and means to discharge their responsibilities associated with the oper-
ation of aircraft and operate the aircraft in accordance with the provisions specified in Annex III and
Annex VI. Such operators when engaged in non-commercial specialised operations shall operate the air-
craft in accordance with the provisions specified in Annex III and VIII instead.
4. Operators of other-than-complex motor-powered aeroplanes and helicopters, balloons and sailplanes,
involved in non-commercial operations, including non-commercial specialised operations, shall operate
the aircraft in accordance with the provisions specified in Annex VII.
5. Training organisations having their principal place of business in a Member State and approved in
accordance with Regulation (EU) No 1178/2011 when conducting flight training into, within or out of the
Union shall operate:
(a) complex motor-powered aeroplanes and helicopters in accordance with the provisions specified
in Annex VI;
(b) other aeroplanes and helicopters, as well as balloons and sailplanes in accordance with the provi-
sions specified in Annex VII.
6. Operators shall only operate an aircraft for the purpose of commercial specialised operations as specified
in Annexes III and VIII.
7. Flights taking place immediately before, during or immediately after specialised operations and directly
connected to those operations shall be operated in accordance with paragraphs 3, 4 and 6, as applicable.
Except for crew members, no persons other than those indispensable to the mission shall be carried on
board.

Article 6
Derogations

2. By way of derogation from Article 5 (1), aircraft referred to in Article 4(5) of Regulation (EC) No 216/2008
shall, in the case of aeroplanes, be operated under the conditions set out in Commission Decision C(2009)
7633 of 14 October 2009 when used in CAT operations. Any change to the operation that affects the con-
ditions set out in that Decision shall be notified to the Commission and the European Aviation Safety
Agency (hereinafter "the Agency") before the change is implemented.
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AIR OPS rules, AMC/GM and CS-FTL.1 – rev. September 2014 COVER REGULATION

A Member State, other than an addressee of Decision C(2009)7633, which intends to use the derogation
provided for in that Decision shall notify its intention to the Commission and the Agency before the der-
ogation is implemented. The Commission and the Agency shall assess to what extent the change or the

COVER REGULATION
intended use deviates from the conditions of Decision C(2009)7633 or impacts on the initial safety assess-
ment performed in the context of that Decision. If the assessment shows that the change or the intended
use does not correspond to the initial safety assessment done for Decision C(2009)7633, the Member
State concerned shall submit a new derogation request in accordance with Article 14(6) of Regulation
(EC) No 216/2008.
3. By way of derogation from Article 5 (1), flights related to the introduction or modification of aircraft types
conducted by design or production organisations within the scope of their privileges shall continue to be

AIR OPS
operated under the conditions set out in Member States’ national law.
4. Notwithstanding Article 5, Member States may continue to require a specific approval and additional
requirements regarding operational procedures, equipment, crew qualification and training for CAT hel-
icopter offshore operations in accordance with their national law. Member States shall notify the Com-
mission and the Agency of the additional requirements being applied to such specific approvals. These
requirements shall not be less restrictive than those of Annexes III and IV.
4a. By way of derogation from Article 5(1) and (6), the following operations with other-than-complex motor-
powered aeroplanes and helicopters, balloons and sailplanes may be conducted in accordance with
Annex VII:
(a) cost-shared flights by private individuals, on the condition that the direct cost is shared by all the
occupants of the aircraft, pilot included and the number of persons sharing the direct costs is lim-
ited to six;
(b) competition flights or flying displays, on the condition that the remuneration or any valuable con-
sideration given for such flights is limited to recovery of direct costs and a proportionate contribu-
tion to annual costs, as well as prizes of no more than a value specified by the competent a­ uthority;
(c) introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by
a training organisation having its principal place of business in a Member State and approved in
accordance with Regulation (EU) No 1178/2011, or by an organisation created with the aim of pro-
moting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organi-
sation on the basis of ownership or dry lease, that the flight does not generate profits distributed
outside of the organisation, and that whenever non-members of the organisation are involved,
such flights represent only a marginal activity of the organisation.
5. By way of derogation from CAT.POL.A.300 (a) of Annex IV, single-engined aeroplanes, when used in CAT
operations, shall be operated at night or in instrument meteorological conditions (IMC) under the con­
ditions set out in the existing exemptions granted by Member States in accordance with Article 8(2) of
Regulation (EEC) No 3922/91.
Any change to the operation of these aeroplanes that affects the conditions set out in those exemptions
shall be notified to the Commission and the Agency before the change is implemented. The Commission
and the Agency shall assess the proposed change in accordance with Article 14(5) of Regulation (EC) No
216/2008.
6. Existing helicopter operations to/from a public interest site (PIS) may be conducted in derogation to CAT.
POL.H.225 of Annex IV whenever the size of the PIS, the obstacle environment or the helicopter does not
permit compliance with the requirements for operation in performance class 1. Such operations shall be
conducted under conditions determined by Member States. Member States shall notify the Commission
and the Agency of the conditions being applied.
7. By way of derogation from SPA.PBN.100 PBN of Annex V non-commercial operations with other-than-
complex motor-powered aeroplanes in designated airspace, on routes or in accordance with procedures
where performance-based navigation (PBN) specification are established shall continue to be operated
under the conditions set out in Member States’ national law until the related implementing rules are
adopted and apply.

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 AIR OPS rules, AMC/GM and CS-FTL.1 – rev. September 2014 COVER REGULATION

GM1 to Article 6.4a  Derogations

COVER REGULATION

OTHER-THAN-COMPLEX MOTOR-POWERED AIRCRAFT

The term ‘other-than-complex motor-powered aircraft’ is used synonymously with the terms ‘other-than com-
plex motor-powered aircraft’ and ‘other than complex motor-powered aircraft’. Whenever one of these terms is
used, it includes also non-motor-powered aircraft such as sailplanes and balloons.

GM2 Article 6.4a(a);(b) Derogations

AIR OPS

DIRECT COST
‘Direct cost’ means the cost directly incurred in relation to a flight, e.g. fuel, airfield charges, rental fee for an air-
craft. There is no element of profit.

GM3 Article 6.4a(a);(b) Derogations

ANNUAL COST
‘Annual cost’ means the cost of keeping, maintaining and operating the aircraft over a period of one calendar
year. There is no element of profit.

GM1 Article 6.4a(c) Derogations

ORGANISATION CREATED WITH THE AIM OF PROMOTING AERIAL SPORT OR LEISURE AVIATION
An ‘organisation created with the aim of promoting aerial sport or leisure aviation’ means a non-profit organisa-
tion, established under applicable national law for the sole purpose of gathering persons sharing the same
interest in general aviation to fly for pleasure or to conduct parachute jumping. The organisation should have
aircraft available.

GM2 Article 6.4a(c) Derogations

MARGINAL ACTIVITY
The term ‘marginal activity’ should be understood as representing a very minor part of the overall activity of an
organisation, mainly for the purpose of promoting itself or attracting new students or members. An organisa-
tion intending to offer such flights as regular business activity is not considered to meet the condition of
­marginal activity. Also, flights organised with the sole intent to generate income for the organisation, are not
considered to be a marginal activity.

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AIR OPS rules, AMC/GM and CS-FTL.1 – rev. September 2014 COVER REGULATION

Article 7
Air operator certificates

COVER REGULATION
1. Air operator certificates (AOCs) issued by a Member State to CAT operators of aeroplanes before this Reg-
ulation applies in accordance with Regulation (EEC) No 3922/1991 shall be deemed to have been issued
in accordance with this Regulation.
However, no later than 28 October 2014:
(a) operators shall adapt their management system, training programmes, procedures and manuals to

AIR OPS
be compliant with Annex III, IV and V, as relevant;
(b) the AOC shall be replaced by certificates issued in accordance with Annex II to this Regulation.
2. AOCs issued by a Member State to CAT operators of helicopters before this Regulation applies shall be
converted into AOCs compliant with this Regulation in accordance with a conversion report established
by the Member State that issued the AOC, in consultation with the Agency.
The conversion report shall describe:
(a) the national requirements on the basis of which the AOCs were issued;
(b) the scope of privileges that were given to the operators;
(c) the differences between the national requirements on the basis of which the AOCs were issued
and the requirements of Annexes III, IV and V, together with an indication of how and when the
operators will be required to ensure full compliance with those Annexes.
The conversion report shall include copies of all documents necessary to demonstrate the elements set
out in points (a) to (c), including copies of the relevant national requirements and procedures.

Article 8
Flight time limitations

1. CAT operations with aeroplanes shall be subject to Subpart FTL of Annex III.
2. By way of derogation from paragraph 1, air taxi, emergency medical service and single pilot CAT opera-
tions by aeroplanes shall be subject to Article 8(4) of Regulation (EEC) No 3922/91 and Subpart Q of
Annex III to Regulation (EEC) No 3922/91 and to related national exemptions based on safety risk assess-
ments carried out by the competent authorities.
3. CAT operations with helicopters, CAT operations with balloons and CAT operations with sailplanes shall
comply with national requirements.
4. Non-commercial operations, including non-commercial specialised operations, with complex motor-
powered aeroplanes and helicopters, as well as commercial specialised operations with aeroplanes, heli-
copters, balloons and sailplanes shall continue to be conducted in accordance with applicable national
flight time limitation legislation until the related implementing rules are adopted and apply.

Article 9
Minimum equipment lists

Minimum equipment lists (“MEL”) approved by the State of Operator or Registry before the application of this
Regulation, are deemed to be approved in accordance with this Regulation and may continue to be used by the
operator.
After the entry into force of this Regulation any change to the MEL referred to in the first subparagraph for
which a Master Minimum Equipment List (“MMEL”) is established as part of the operational suitability data in
accordance with Commission Regulation (EU) No 748/20121 shall be made in compliance with point ORO.
MLR.105 of Section 2 of Annex III to this Regulation at the earliest opportunity and not later than 18 December
2017 or two years after the operational suitability data was approved, whichever is the latest.

1
OJ L 224, 21.8.2012, p. 1.
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 AIR OPS rules, AMC/GM and CS-FTL.1 – rev. September 2014 COVER REGULATION

Any change to an MEL referred to in the first subparagraph, for which an MMEL has not been established as part
of the operational suitability data, shall continue to be made in accordance with the MMEL accepted by the
State of Operator or Registry as applicable.
COVER REGULATION

Article 9a
Flight and cabin crew training

Operators shall ensure that flight crew and cabin crew members who are already in operation and have com-
AIR OPS

pleted training in accordance with Subparts FC and CC of Annex III which did not include the mandatory ele-
ments established in the relevant operational suitability data, undertake training covering those mandatory
­elements not later than 18 December 2017 or two years after the approval of the operational suitability data,
whichever is the latest.

Article 9b
Review

The Agency shall conduct a continuous review of the effectiveness of the provisions concerning flight and duty
time limitations and rest requirements contained in Annexes II and III. No later than 18 February 2019 the
Agency shall produce a first report on the results of this review.
That review shall involve scientific expertise and shall be based on operational data gathered, with the assis-
tance of Member States, on a long-term basis after the date of application of this Regulation.
The review referred to in paragraph 1 shall assess the impact on aircrew alertness of at least the following:
– duties of more than 13 hours at the most favourable time of the day
– duties of more than 10 hours at less favourable time of the day,
– duties of more than 11 hours for crew members in an unknown state of acclimatisation,
– duties including a high level of sectors (more than 6),
– on-call duties such as standby or reserve followed by flight duties, and
– disruptive schedules.

Article 10
Entry into force

1. This Regulation shall enter into force on the third day following that of its publication in the Official Jour-
nal of the European Union.
It shall apply from 28 October 2012.
2. By way of derogation from the second subparagraph of paragraph 1, Member States may decide not to
apply the provisions of Annexes I to V until 28 October 2014.
When a Member State makes use of that possibility, it shall notify the Commission and the Agency. This
notification shall describe the reasons for such derogation and its duration as well as the programme for
implementation containing actions envisaged and related timing.
3. By way of derogation from the second subparagraph of paragraph 1, Member States may decide not to
apply:
(a) the provisions of Annexes II and III to non-commercial operations with complex motor-powered
aeroplanes and helicopters until 25 August 2016; and
(b) the provisions of Annexes II, V, VI and VII to non-commercial operations with aeroplanes, helicop-
ters, sailplanes and balloons until 25 August 2016.
4. By way of derogation from the second subparagraph of paragraph 1, Member States may decide not to
apply the provisions of Annexes II, III, VII and VIII to specialised operations until 21 April 2017.
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AIR OPS rules, AMC/GM and CS-FTL.1 – rev. September 2014 COVER REGULATION

5. By way of derogation from the second subparagraph of paragraph 1, Member States may decide not to
apply the provisions of Annexes II, III and IV to:

COVER REGULATION
(a) CAT operations starting and ending at the same aerodrome/operating site with Performance class
B aeroplanes or non-complex helicopters until 21 April 2017; and
(b) CAT operations with balloons and sailplanes until 21 April 2017.
6. When a Member State makes use of the derogation provided for in paragraph 5 point (a), the following
rules shall apply:
(a) for aeroplanes, Annex III to Regulation (EEC) No 3922/91 and related national exemptions in
accordance with Article 8(2) of Regulation (EEC) No 3922/91;

AIR OPS
(b) for helicopters, national requirements.
7. When a Member State makes use of the derogations provided for in paragraphs 3, 4 and 5, it shall notify
the Commission and the Agency. This notification shall describe the reasons for the derogation and its
duration, as well as the programme for implementation containing actions envisaged and related timing.
This Regulation shall be binding in its entirety and directly applicable in all Member States.

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