Division (3) Annex III to Regulation (EU) No 965/2012 is amended as follows:

All references to Regulation (EC) No 1702/2003 are replaced by references to Commission Regulation (EU) No 748/2012^f1.

All references to Regulation (EC) No 290/2012 are replaced by references to Regulation (EU) No 1178/2011.

The text of ORO.GEN.005 is replaced by the following:

‘This Annex establishes requirements to be followed by an air operator conducting:

1. (a)

   commercial air transport operations (CAT);

2. (b)

   commercial specialised operations;

3. (c)

   non-commercial operations with complex motor-powered aircraft;

4. (d)

   non-commercial specialised operations with complex motor-powered aircraft.’.

In ORO.GEN.105, the words ‘or specialised operation authorisation’ are inserted after ‘declaration obligation’.

In ORO.GEN.110, point (a) is replaced by the following:

1. (a)

   ‘The operator is responsible for the operation of the aircraft in accordance with Annex IV to Regulation (EC) No 216/2008, as applicable, the relevant requirements of this Annex and its air operator certificate (AOC) or specialised operation authorisation (SPO authorisation) or declaration.’.

In ORO.GEN.110(c), a comma and the words ‘SPO authorisation’ are inserted after the word ‘certificate’.

In ORO.GEN.110, the following point is added:

1. (k)

   ‘Notwithstanding (j), the operator of a sailplane or a balloon or of flights taking off and landing at the same aerodrome or operating site, under VFR by day, with

   1. (i)

      single-engined propeller-driven aeroplanes having a maximum certified take-off mass of 5 700 kg or less and a MOPSC of 5 or less; or

   2. (ii)

      other than complex motor-powered helicopters, single-engined, with a MOPSC of 5 or less,

   shall ensure that the flight crew has received an appropriate training or briefing to enable them to recognise undeclared dangerous goods brought on-board by passengers or as cargo.’.

In ORO.GEN.115:

1. (i)

   the title is replaced by the following: ‘Application for an AOC’;

2. (ii)

   in point (a) the word ‘air’ is inserted before ‘operator certificate’.

In ORO.GEN.120, the following point is added:

1. (d)

   ‘When an operator subject to SPO authorisation wishes to use alternative means of compliance, it shall comply with (b) whenever such alternative means of compliance affects the standard operating procedures that are part of the authorisation and with (c) for the declared part of its organisation and operation.’.

The title of ORO.GEN.125 is replaced by the following: ‘Terms of approval and privileges of an AOC holder’.

The title of ORO.GEN.130 is replaced by the following: ‘Changes related to an AOC holder’.

The title of ORO.GEN.135 is replaced by the following: ‘Continued validity of an AOC’.

In ORO.GEN.140(a), a comma and the words ‘SPO authorisation’ are inserted after the word ‘certification’.

In ORO.GEN.140(b), the words ‘in the case of CAT’ are inserted, surrounded by commas, after the words ‘Access to the aircraft mentioned under (a) shall’.

ORO.GEN.205 is replaced by the following:

‘ ORO.GEN.205

Contracted activities

(a)

The operator shall ensure that when contracting or purchasing any part of its activity, the contracted or purchased service or product conforms to the applicable requirements.

(b)

When the certified operator or the SPO authorisation holder contracts any part of its activity to an organisation that is not itself certified or authorised in accordance with this Part to carry out such activity, the contracted organisation shall work under the approval of the operator. The contracting organisation shall ensure that the competent authority is given access to the contracted organisation, to determine continued compliance with the applicable requirements.’.

In ORO.AOC.100(a), the word ‘transport’ is inserted before the word ‘operations’.

In ORO.AOC.100, points (b) and (c) are replaced by the following:

1. (b)

   ‘The operator shall provide the following information to the competent authority:

   1. (1)

      the official name and business name, address, and mailing address of the applicant;

   2. (2)

      a description of the proposed operation, including the type(s), and number of aircraft to be operated;

   3. (3)

      a description of the management system, including organisational structure;

   4. (4)

      the name of the accountable manager;

   5. (5)

      the names of the nominated persons required by ORO.AOC.135(a) together with their qualifications and experience;

   6. (6)

      a copy of the operations manual required by ORO.MLR.100;

   7. (7)

      a statement that all the documentation sent to the competent authority have been verified by the applicant and found in compliance with the applicable requirements.

2. (c)

   Applicants shall demonstrate to the competent authority that:

   1. (1)

      they comply with all the applicable requirements of Annex IV to Regulation (EC) No 216/2008, this Annex, Annex IV (Part-CAT) and Annex V (Part-SPA) to this Regulation;

   2. (2)

      all aircraft operated have a certificate of airworthiness (CofA) in accordance with Regulation (EU) No 748/2012; and

   3. (3)

      its organisation and management are suitable and properly matched to the scale and scope of the operation.’.

In ORO.AOC.125(a)(1)(ii), the words ‘air transport’ are inserted after the word ‘commercial’.

In ORO.DEC.100, the first sentence is replaced by the following:

‘The operator of complex motor-powered aircraft engaged in non-commercial operations or non-commercial specialised operations, and the commercial specialised operator shall:’.

The following Subpart is inserted after SUBPART DEC — DECLARATION:

‘SUBPART SPO

COMMERCIAL SPECIALISED OPERATIONS

ORO.SPO.100

Common requirements for commercial specialised operators

(a)

A commercial specialised operator shall in addition to ORO.DEC.100 also comply with ORO.AOC.135, ORO.AOC.140 and ORO.AOC.150.

(b)

Aircraft shall have a certificate of airworthiness (CofA) in accordance with Regulation (EU) No 748/2012 or shall be leased-in in accordance with (c).

(c)

A commercial specialised operator shall obtain prior approval of the competent authority and comply with the following conditions, if:

1. (1)

   Wet leasing-in an aircraft of a third country operator:

   1. (i)

      The safety standards of a third country operator with regard to continuing airworthiness and air operations are equivalent to the applicable requirements established by Regulation (EC) No 2042/2003 and this Regulation;

   2. (ii)

      The aircraft of a third country operator has a standard CofA issued in accordance with ICAO Annex 8;

   3. (iii)

      The duration of the wet lease-in does not exceed seven months in any 12 consecutive month period; or

2. (2)

   Dry leasing-in an aircraft registered in a third country:

   1. (i)

      An operational need has been identified that cannot be satisfied through leasing an aircraft registered in the EU;

   2. (ii)

      The duration of the dry lease-in does not exceed seven months in any 12 consecutive month period;

   3. (iii)

      Compliance with the applicable requirements of Regulation (EC) No 2042/2003 is ensured;

   4. (iv)

      The aircraft is equipped in accordance with Annex VIII [Part SPO].

ORO.SPO.110

Authorisation of high risk commercial specialised operations

(a)

A commercial specialised operator shall apply for and obtain an authorisation issued by the competent authority of the operator prior to commencing a high risk commercial specialised operation:

1. (1)

   that is 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

2. (2)

   that, as determined by the competent authority of the place where the operation is conducted, 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.

(b)

The operator shall provide the following information to the competent authority:

1. (1)

   the official name and business name, address, and mailing address of the applicant;

2. (2)

   a description of the management system, including organisational structure;

3. (3)

   a description of the proposed operation, including the type(s), and number of aircraft to be operated;

4. (4)

   the risk assessment documentation and related standard operating procedures, required by SPO.OP.230;

5. (5)

   a statement that all the documentation sent to the competent authority has been verified by the operator and found in compliance with the applicable requirements.

(c)

The application for an authorisation or its amendment shall be made in a form and manner established by the competent authority, taking into account the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules.

ORO.SPO.115

Changes

(a)

Any change affecting the scope of the authorisation or the authorised operations shall require prior approval of the competent authority. Any change not covered by the initial risk assessment, shall require the submission of an amended risk assessment and SOP to the competent authority.

(b)

The application for approval of a change shall be submitted before any such change takes place, in order to enable the competent authority to determine continued compliance with Regulation (EC) No 216/2008 and its Implementing Rules and to amend, if necessary, the authorisation. The operator shall provide the competent authority with any relevant documentation.

(c)

The change shall only be implemented upon receipt of formal approval by the competent authority in accordance with ARO.OPS.150.

(d)

The operator shall operate under the conditions prescribed by the competent authority during such changes, as applicable.

ORO.SPO.120

Continued validity

(a)

An operator holding a specialised operation authorisation shall comply with the scope and privileges defined in the authorisation.

(b)

The operator’s authorisation shall remain valid subject to:

1. (1)

   the operator remaining in compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules, taking into account the provisions related to the handling of findings as specified under ORO.GEN.150;

2. (2)

   the competent authority being granted access to the operator as defined in ORO.GEN.140 to determine continued compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules; and

3. (3)

   the authorisation not being surrendered or revoked.

(c)

Upon revocation or surrender the authorisation shall be returned to the competent authority without delay.’.

ORO.MLR.100(b) is replaced by the following:

1. (b)

   ‘The content of the OM shall reflect the requirements set out in this Annex, Annex IV (Part-CAT), Annex V (Part-SPA), Annex VI (Part-NCC) and Annex VIII (Part-SPO), as applicable, and shall not contravene the conditions contained in the operations specifications to the air operator certificate (AOC), the SPO authorisation or the declaration and the list of specific approvals, as applicable.’.

In ORO.MLR.100, the following point (g1) is inserted:

1. (g1)

   ‘For SPO authorisation holders, any amendment associated with the authorised standard operating procedures, prior approval shall be obtained before the amendment becomes effective.’

In ORO.MLR.100(h), the words ‘and (g1)’ are inserted after ‘Notwithstanding (g)’.

In ORO.MLR.101, the first sentence is replaced by the following:

‘Except for operations with single engined propeller-driven aeroplanes with a MOPSC of 5 or single engined non-complex helicopters with a MOPSC of 5, taking off and landing at the same aerodrome or operating site, under VFR by day, and for operations with sailplanes and balloons, the main structure of the OM shall be as follows:’.

ORO.MLR.115(a) is replaced by the following:

1. (a)

   ‘The following records shall be stored for at least 5 years.

   1. (1)

      for CAT operators, records of the activities referred to in ORO.GEN.200;

   2. (2)

      for declared operators, a copy of the operator’s declaration, details of approvals held and operations manual;

   3. (3)

      for SPO authorisation holders, in addition to (a)(2), records related to the risk assessment conducted in accordance with SPO.OP.230 and related standard operating procedures.’

In ORO.MLR.115(b)(4), a comma and the words ‘if applicable’ are added after ‘dangerous goods’.

In ORO.SEC.100.A the title is replaced by the followings

‘ ORO.SEC.100

Flight crew compartment security — aeroplanes ’.

In ORO.SEC.100.H, the title is replaced by the following

‘ ORO.SEC.105

Flight crew compartment security — helicopters ’.

ORO.FC.005 is replaced by the following:

‘ ORO.FC.005

Scope

This Subpart establishes requirements to be met by the operator related to flight crew training, experience and qualification and comprises:

1. (a)

   SECTION 1 specifying common requirements applicable to both non-commercial operations of complex motor-powered aircraft and any commercial operation;

2. (b)

   SECTION 2 specifying additional requirements applicable to commercial air transport operations, with the exception of:

   1. (1)

      commercial air transport operations of sailplanes or balloons; or

   2. (2)

      commercial air transport operations of passengers conducted under visual flight rules (VFR) by day, starting and ending at the same aerodrome or operating site and within a local area specified by the competent authority, with

      • single-engined propeller-driven aeroplanes having a maximum certified take-off mass of 5 700 kg or less and a MOPSC of 5; or

      • other-than-complex motor-powered helicopters, single engined, with a MOPSC of 5.

3. (c)

   SECTION 3 specifying additional requirements for commercial specialised operations and for those referred to in b(1) and (2).’.

In ORO.FC.105:

1. (i)

   in point (c), first sentence, the words ‘In the case of commercial operations of aeroplanes and helicopters,’ followed by a comma, are inserted at the beginning;

2. (ii)

   point (d) is replaced by the following:

   1. (d)

      ‘Point (c) shall not apply in the case of:

      1. (1)

         performance class B aeroplanes involved in commercial air transport operations under VFR by day; and

      2. (2)

         commercial air transport operations of passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site or within a local area specified by the competent authority, with other than complex motor-powered helicopters, single-engined, with a MOPSC of 5.’.

ORO.FC.145(c) is replaced by the following:

1. (c)

   ‘In the case of CAT operations, training and checking programmes, including syllabi and use of individual flight simulation training devices (FSTDs), shall be approved by the competent authority.’.

After ORO.FC.H.250, the following SECTION is added:

‘ SECTION 3

Additional requirements for commercial specialised operations and CAT operations referred to in ORO.FC.005(b)(1) and (2)

ORO.FC.330

Recurrent training and checking — operator proficiency check

(a)

Each flight crew member shall complete operator proficiency checks to demonstrate his/her competence in carrying out normal, abnormal and emergency procedures, covering the relevant aspects associated with the specialised tasks described in the operations manual.

(b)

Appropriate consideration shall be given when operations are undertaken under IFR or at night.

(c)

The validity period of the operator proficiency check shall be 12 calendar months. The validity period shall be counted from the end of the month when the check was taken. When the operator proficiency check is undertaken within the last three months of the validity period, the new validity period shall be counted from the original expiry date.’.

In ORO.CC.100(a) second sentence, the words ‘Except for balloons’, followed by a comma, are inserted at the beginning.

Appendix I is replaced by the following:

Appendix I