# 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, Division (a): The take-off flight path of aeroplanes with two or more engines shall be determined in such a way that the aeroplane clears all obstacles by a vertical distance of at least 50 ft, or by a horizontal distance of at least 90 m plus 0,125 × D, where D is the horizontal distance travelled by the aeroplane from the end of the TODA or the end of the take-off distance if a turn is scheduled before the end of the TODA, except as provided in (b) and (c). For aeroplanes with a wingspan of less than 60 m, a horizontal obstacle clearance of half the aeroplane wingspan plus 60 m plus 0,125 × D may be used. It shall be assumed that:

Extent: E+W+S+N.I.

(1)the take-off flight path begins at a height of 50 ft above the surface at the end of the take-off distance required by CAT.POL.A.305(b) and ends at a height of 1 500 ft above the surface;
(2)the aeroplane is not banked before the aeroplane has reached a height of 50 ft above the surface, and thereafter the angle of bank does not exceed 15°;
(3)failure of the critical engine occurs at the point on the all engine take-off flight path where visual reference for the purpose of avoiding obstacles is expected to be lost;
(4)the gradient of the take-off flight path from 50 ft to the assumed engine failure height is equal to the average all-engines gradient during climb and transition to the en-route configuration, multiplied by a factor of 0,77; and
(5)the gradient of the take-off flight path from the height reached in accordance with (a)(4) to the end of the take-off flight path is equal to the OEI en-route climb gradient shown in the AFM.

---
Source: https://www.legislation.gov.uk/eur/2012/965/annex/IV/division/subpart+c/division/section+1/division/chapter+3/division/catpola310/division/a (the official version)
Page: https://openlegislation.uk/eu-regulation-2012-965/annex-IV/division-subpart+c/division-section+1/division-chapter+3/division-catpola310/division-a
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.