# Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 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 (2): Annex II to Regulation (EU) No 965/2012 is amended as follows:

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

(a) In ARO.GEN.120(d)(1), a comma and the words ‘specialised operation authorisation’ are inserted after ‘the approval’.
(b) In ARO.GEN.200(c), the words ‘or authorised’ are inserted after ‘certified’.
(c) ARO.GEN.205(a), a comma and the words ‘specialised operation authorisation’ are inserted after ‘the initial certification’.
(d) ARO.GEN.205(b), a comma and the word ‘authorisation’ are inserted after ‘certification’.
(e) In ARO.GEN.220(a):
(i) the following item is inserted:
(4a) ‘the process of authorisation of a high risk commercial specialised operation and continuing oversight of an authorisation holder;’;
(ii) point (7) is replaced by the following
(7) ‘oversight of persons and organisations exercising activities within the territory of the Member State, but overseen, certified or authorised by the competent authority of another Member State or the Agency, as agreed between these authorities;’;
(iii) in point (9), a comma and the words ‘or authorisation’ are inserted after ‘certification’.
(f) In ARO.GEN.220, point (b) is replaced by the following:
(b) ‘The competent authority shall maintain a list of all organisation certificates and specialised operations authorisations it issued as well as declarations it received’.
(g) In ARO.GEN.300(a), items (1) and (2) are replaced by the following:
(1) ‘compliance with the requirements applicable to organisations or type of operations prior to the issue of a certificate, approval or authorisation, as applicable;
(2) continued compliance with the applicable requirements of organisations it has certified, specialised operations it has authorised and organisations from whom it received a declaration;’.
(h) In ARO.GEN.305, the following amendments are made:
(i) point (d) is replaced by the following:
(d) ‘For organisations declaring their activity to the competent authority, the oversight programme shall be based on the specific nature of the organisation, the complexity of its activities and the data of past oversight activities and the assessment of risks associated with the type of activity carried out. It shall include audits and inspections, including ramp and unannounced inspections, as appropriate.’;
(ii) point (d1) is inserted as follows:
(d1) ‘For organisations holding a specialised operations authorisation, the oversight programme shall be established in accordance with (d) and shall also take into account the past and current authorisation process and the validity period of the authorisation.’.
(i) ARO.GEN.350(b) is replaced by the following:
(b) ‘A level 1 finding shall be issued by the competent authority when any significant non-compliance is 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, certificate, specialised operation authorisation or with the content of a declaration which lowers safety or seriously hazards flight safety.’.
(j) In ARO.GEN.350(b)(2) and (3) respectively, the words ‘or specialised operations authorisation’ are inserted after the words ‘organisation certificate’.
(k) ARO.GEN.350(c) is replaced by the following:
(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 organisation’s procedures and manuals or with the terms of an approval, certificate, specialised operation authorisation or with the content of a declaration which could lower safety or hazard flight safety.’.
(l) In ARO.GEN.350(d)(1), a comma and the words ‘specialised operations authorisation’ are inserted after ‘certificate’.
(m) In ARO.GEN.350(e), a comma and the words ‘or authorised by’ are inserted after the words ‘an organisation certified by’.
(n) In ARO.GEN.355(a), the reference to Regulation (EU) No 290/2012 is replaced by a reference to Regulation (EU) No 1178/2011.
(o) The following ARO.GEN.360 is added:
‘ ARO.GEN.360
Findings and enforcement measures — all operators
If, during oversight or by any other means, evidence is found showing a non-compliance with the applicable requirements by an operator subject to the requirements laid down in Regulation (EC) No 216/2008 and its Implementing Rules, the competent authority that identified the non-compliance shall take any enforcement measures necessary to prevent the continuation of that non-compliance.’
(p) In ARO.OPS.100, the following point (c) is added:
(c) ‘The competent authority may determine specific operational limitations. Such limitations shall be documented in the operations specifications.’.
(q) In SUBPART OPS the following SECTION Ia is inserted:
‘ SECTION Ia
Authorisation of high risk commercial specialised operations
ARO.OPS.150
Authorisation of high risk commercial specialised operations
(a)
Upon receiving an application for the issue of a high risk commercial specialised operations authorisation, the competent authority of the operator shall review the operator’s risk assessment documentation and standard operating procedures (SOP), related to one or more planned operations and developed in accordance with the relevant requirements of Annex VIII (Part-SPO).
(b)
When satisfied with the risk assessment and SOP, the competent authority of the operator shall issue the authorisation, as established in Appendix VI. The authorisation may be issued for a limited or an unlimited duration. The conditions under which an operator is authorised to conduct one or more high risk commercial specialised operations shall be specified in the authorisation.
(c)
Upon receiving an application for a change to the authorisation, the competent authority of the operator shall comply with (a) and (b). It shall prescribe the conditions under which the operator may operate during the change, unless the competent authority determines that the authorisation needs to be suspended.
(d)
Upon receiving an application for the renewal of the authorisation, the competent authority of the operator shall comply with (a) and (b). It may take into account the past authorisation process and oversight activities.
(e)
Without prejudice to any additional enforcement measures, when the operator implements changes without having submitted an amended risk assessment and SOP, the competent authority of the operator shall suspend, limit or revoke the authorisation.
(f)
Upon receiving an application for the issue of an authorisation for a cross-border high risk commercial specialised operation, the competent authority of the operator shall review the operator’s risk assessment documentation and standard operating procedures (SOP) in coordination with the competent authority of the place where the operation is planned to be conducted. When both authorities are satisfied with the risk assessment and SOP, the competent authority of the operator shall issue the authorisation.
ARO.OPS.155
Lease agreements
(a)
The competent authority shall approve a lease agreement involving a third country registered aircraft or a third country operator when the SPO operator has demonstrated compliance with ORO.SPO.100.
(b)
The approval of a dry lease-in agreement shall be suspended or revoked whenever the certificate of airworthiness of the aircraft is suspended or revoked.’.
(r) In ARO.OPS.200(b)(2), the words ‘and specialised operations’ are inserted after the words ‘non-commercial operations’.
(s) ARO.OPS.210 is replaced by the following:
‘ ARO.OPS.210
Determination of distance or local area
The competent authority may determine a distance or local area for the purpose of operations.’.
(t) In Subpart OPS the following SECTION III is inserted:
‘ SECTION III
Oversight of operations
ARO.OPS.300
Introductory flights
The competent authority may establish additional conditions for introductory flights carried out in accordance with Part-NCO in the territory of the Member State. Such conditions shall ensure safe operations and be proportionate.’.
(u) In Appendix I:
(i) the sub-title is replaced by ‘(Approval schedule for air transport operators)’;
(ii) the words ‘Commercial specialised operations (SPO)’ and footnote 2 are deleted.
(v) In Appendix II, the repeating word ‘Take-off’ is deleted and footnote 10 is replaced by the following:
‘(10)
Insertion of applicable precision approach category: LTS CAT I, CAT II, OTS CAT II, CAT IIIA, CAT IIIB or CAT IIIC. Insertion of minimum runway visual range (RVR) in meters and decision height (DH) in feet. One line is used per listed approach category.’.
(w) In Appendix V, the words ‘Specialised operations’ are added below the words ‘Non-commercial operations’.
(x) The following Appendix VI is added:
Appendix VI

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Source: https://www.legislation.gov.uk/eur/2014/379/annex/I/division/2 (the official version)
Page: https://openlegislation.uk/eu-regulation-2014-379/annex-I/division-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.