# 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 pilot-in-command shall be responsible for:

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

(1) the safety of the aircraft and of all crew members, passengers and cargo on board during aircraft operations as referred to in 1.c of Annex IV to Regulation (EC) No 216/2008;
(2) the initiation, continuation, termination or diversion of a flight in the interest of safety;
(3) ensuring that all operational procedures and checklists are complied with as referred to in 1.b of Annex IV to Regulation (EC) No 216/2008;
(4) only commencing a flight if he/she is satisfied that all operational limitations referred to in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 are complied with, as follows:
(i) the aircraft is airworthy;
(ii) the aircraft is duly registered;
(iii)instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, if applicable, as provided for in points NCO.IDE.A.105 or NCO.IDE.H.105;
(iv)the mass of the aircraft and the centre of gravity location are such that the flight can be conducted within limits prescribed in the airworthiness documentation;
(v) all equipment, baggage and cargo are properly loaded and secured and an emergency evacuation remains possible; and
(vi) the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight; and
(vii)any navigational database required for PBN is suitable and current;
(5) not commencing a flight if he/she is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;
(6) not continuing a flight beyond the nearest weather-permissible aerodrome or operating site when his/her capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;
(7) deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or minimum equipment list (MEL), as applicable; and
(8) recording utilisation data and all known or suspected defects in the aircraft at the termination of the flight, or series of flights, in the aircraft technical log or journey log for the aircraft.

---
Source: https://www.legislation.gov.uk/eur/2012/965/annex/VII/division/subpart+a/division/ncogen105/division/a (the official version)
Page: https://openlegislation.uk/eu-regulation-2012-965/annex-VII/division-subpart+a/division-ncogen105/division-a
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.