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

Article 1

Subject matter and scope

1a. This Regulation lays down detailed rules for innovative air mobility operations in accordance with visual flight rules by day conducted with the surface in sight with single pilot manned aircraft with a vertical take-off and landing capability referred to in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139.

• (a) commercial operations, except for those operations specified in Article 6(4a);

• (b) operations conducted under instrument flight rules.

Article 2

Definitions

For the purposes of this Regulation:

• (1) ‘aeroplane’ means an engine-driven fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings;

• (1a) ‘rotorcraft’ means a power-driven, heavier-than-air aircraft that depends principally for its support in flight on the lift generated by up to two rotors;

• (1aa) ‘helicopter’ means a type of rotorcraft supported in flight chiefly by the reactions of the air on up to two power-driven rotors on substantially vertical axes;

• (1b) ‘balloon’ means a manned lighter-than-air aircraft which is not power-driven and sustains flight through the use of either a lighter-than-air gas or an airborne heater, including gas balloons, hot-air balloons, mixed balloons and, although power-driven, hot-air airships;

• (1c) ‘sailplane’ means a heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine;

• (1d) ‘commercial operation’ means any operation of an aircraft, in return for remuneration or other valuable consideration, which is available for the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator;

• (1e) ‘tethered gas balloon’ means a gas balloon with a tether system that continuously anchors the balloon to a fixed point during operation;

• (2) ‘performance class B aeroplanes’ means aeroplanes powered by propeller engines with a 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 operation, where the aircraft is used for specialised activities such as agriculture, construction, photography, surveying, observation and patrol, aerial advertisement, maintenance check flights;

• (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 operation against remuneration or other valuable consideration consisting of an air tour of short duration for the purpose of attracting new trainees or new members, performed either by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011 ([^E0001]) or by an organisation created with the aim of promoting aerial sport or leisure aviation;

• (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 exhibition 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;

• (12) ‘innovative air mobility (IAM) operations’ means any operation with vertical take-off and landing (VTOL)-capable aircraft in congested and non-congested areas;

• (13) ‘vertical take-off and landing (VTOL)-capable aircraft’ (VCA) means a power-driven, heavier-than-air aircraft other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during the take-off and landing;

• (14) ‘VEMS flight’ means a flight with a VCA that operates under a VEMS approval, where immediate and rapid transportation is essential and the purpose of which is either to:
• (a) facilitate emergency medical assistance by carrying one or more of the following:
• (i) medical personnel;
• (ii) medical supplies (equipment, blood, organs, drugs);
• (iii) ill or injured persons and other persons directly involved, or
• (b) perform any operation where a person is at imminent or anticipated health risk from the environment and either:
• (i) needs to be rescued or provided with supplies; or
• (ii) persons, animals or equipment need to be transported to/from the VEMS operating site.

• (15) ‘gyroplane’ means a type of rotorcraft supported in flight by the reactions of the air on up to two rotors which rotate freely on substantially vertical axes.

Additional definitions are laid down in Annex I for the purposes of Annexes II to VIII.

Article 3

Oversight capabilities

The administration and management systems of the competent authorities of the Member States and of the Agency shall comply with the requirements specified in Annex II.

• (a) the areas of competence of each competent authority shall be clearly defined in terms of responsibilities and geographic limitation; and

• (b) coordination shall be established between those entities to ensure effective oversight of all organisations and persons subject to Regulation (EC) No 216/2008 and its implementing rules within their respective remits.

• (a) examine the records, data, procedures and any other material relevant to the execution of the certification 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 unannounced inspections;

• (f) take or initiate enforcement measures as appropriate.

Article 4

Ramp inspections

Article 5

Air operations

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.

1b. Operators shall only operate VCA in the context of IAM operations as specified in Annexes III and IX to this Regulation.

• (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 (LVOs) or operations with operational credits;

• (b) aeroplanes and helicopters 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 systems (NVIS);

• (e) helicopters used for commercial air transport hoist operations (HHO); —————

• (f) helicopters used for commercial air transport emergency medical service operations (HEMS); and

• (g) helicopters used for offshore operations (HOFO).

• (h) VCA used for:
• (i) the transport of dangerous goods (DGs);
• (ii) VEMS.

4a. Operators of gyroplanes involved in non-commercial operations conducted in visual flight rules conditions shall operate the aircraft in accordance with the provisions set out in Annex VII.

• (a) complex motor-powered aeroplanes and helicopters in accordance with the provisions specified in Annex VI;

• (b) other aeroplanes and  rotorcraft in accordance with the provisions specified in Annex VII.

• (c) VCA in accordance with the requirements specified in Annex IX.

In the case of points (a), (b) and (c) of the first subparagraph, the training organisations shall comply with the requirements laid down in Annex VII (Part-ORA) to Regulation (EU) No 1178/2011 instead of Annex III (Part-ORO) of this Regulation. Training for VCA shall only be provided by approved training organisations.

Article 6

Derogations

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 derogation is implemented. The Commission and the Agency shall assess to what extent the change or the intended use deviates from the conditions of Decision C(2009)7633 or impacts on the initial safety assessment 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.

• (a) flights related to the introduction or modification of aeroplane or  rotorcraft types conducted by design or production organisations within the scope of their privileges;

• (b) flights carrying no passengers or cargo, where the aeroplane or  rotorcraft is ferried for refurbishment, repair, inspections, delivery, export or similar purposes, provided that the aircraft is not listed on an air operator certificate or on a declaration.

4a. By way of derogation from Article 5(1) and (6), the following operations with other-than-complex motor-powered aeroplanes and helicopters 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 limited to six;

• (b) competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority;

• (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 referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation 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.

If any change to the operation of those aeroplanes that affects the conditions set out in those exemptions is envisaged between 22 March 2017 and 2 September 2017, that envisaged change shall be notified to the Commission and the Agency before it is implemented. The Commission and the Agency shall assess the envisaged change in accordance with Article 14(5) of Regulation (EC) No 216/2008.

Member States shall notify the Commission and the Agency of the conditions being applied.

Article 7

Air operator certificates

However, no later than 28 October 2014:

• (a) operators shall adapt their management system, training programmes, procedures and manuals to be compliant with Annexes III, IV and V, as relevant;

• (b) the AOC shall be replaced by certificates issued in accordance with Annex II to this Regulation.

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

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 748/2012 ([^E0003]) 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.

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.

Article 9a

Flight and cabin crew training

Operators shall ensure that flight crew and cabin crew members who are already in operation and have completed training in accordance with Subparts FC and CC of Annex III which did not include the mandatory elements 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 9aa

Flight crew requirements for maintenance check flights

A pilot having acted, before 25 September 2019, as a pilot-in-command on a maintenance check flight that in accordance with the definition in point SPO.SPEC.MCF.100 in Annex VIII is categorised as a Level A maintenance check flight, shall be given credit for the purpose of complying with point SPO.SPEC.MCF.115(a)(1) of that Annex. In that case, the operator shall ensure that the pilot-in-command receives a briefing on any differences identified between the operating practices established before 25 September 2019 and the obligations provided in Section 5 of Subpart E of Annex VIII to this Regulation including those derived from the related procedures established by the operator.

Article 9b

Review

That review shall involve scientific expertise and shall be based on operational data gathered, with the assistance of Member States, on a long-term basis after the date of application of this Regulation.

The review shall assess the impact of at least the following on the alertness of aircrew:

• (a) duties of more than 13 hours at the most favourable times of the day;

• (b) duties of more than 10 hours at less favourable times of the day;

• (c) duties of more than 11 hours for crew members in an unknown state of acclimatisation;

• (d) duties including a high level of sectors (more than 6);

• (e) on-call duties such as standby or reserve followed by flight duties; and

• (f) disruptive schedules.

That review shall involve relevant expertise and shall be based on data gathered, with the assistance of Member States and the Agency, on a long-term basis.

Article 10

Entry into force

————— This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 28 October 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Annex I – Definitions for terms used in Annexes II to IX

For the purpose of this Regulation, the following definitions shall apply:

• (1) ‘accelerate-stop distance available (ASDA)’ means the length of the take-off run available plus the length of stopway, if such stopway is declared available by the State of the aerodrome and is capable of bearing the mass of the aeroplane under the prevailing operating conditions;

• (2) ‘acceptable means of compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules;

• (3) ‘acceptance checklist’ means a document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met with;

• (4) ‘adequate aerodrome’ means an aerodrome on which the aircraft can be operated, taking account of the applicable performance requirements and runway characteristics;

• (5) For the purpose of passenger classification:
• (a) ‘adult’ means a person of an age of 12 years and above;
• (b) ‘child/children’ means persons who are of an age of two years and above but who are less than 12 years of age;
• (c) ‘infant’ means a person under the age of two years;

• (6) ‘aerodrome operating minima’ means the limits of usability of an aerodrome for:
• (a) take-off, expressed in terms of runway visual range (RVR) and/or visibility and, if necessary, ceiling ;
• (b) landing in 2D instrument approach operations, expressed in terms of visibility and/or RVR, minimum descent altitude/height (MDA/H) and, if necessary, ceiling;
• (c) landing in 3D instrument approach operations, expressed in terms of visibility and/or RVR and decision altitude/height (DA/H) as appropriate to the type and/or category of the operation;

• (7) ‘aided night vision imaging system (NVIS) flight’ means, in the case of NVIS operations, that portion of a visual flight rules (VFR) flight performed at night when a crew member is using night vision goggles (NVG);

• (8) ‘aircraft’ means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;

• (8a) ‘aircraft tracking’ means a ground based process that maintains and updates, at standardised intervals, a record of the four dimensional position of individual aircraft in flight;

• (8b) ‘aircraft tracking system’ means a system that relies on aircraft tracking in order to identify abnormal flight behaviour and provide alert;

• (8c) ‘alternate aerodrome’ means an adequate aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or land at the aerodrome of intended landing, where the necessary services and facilities are available, where aircraft performance requirements can be met, and which is operational at the expected time of use; ‘alternate aerodrome’ includes the following:
• (a) ‘take-off alternate aerodrome’: an alternate aerodrome at which an aircraft would be able to land if it becomes necessary shortly after take-off and it is not possible to use the aerodrome of departure;
• (b) ‘en route alternate (ERA) aerodrome’: an alternate aerodrome at which an aircraft would be able to land if a diversion becomes necessary while en route;
• (c) ‘fuel/energy en route alternate (fuel/energy ERA) aerodrome’ means an ERA aerodrome that is required at the planning stage for use in the calculation of fuel/energy;
• (d) ‘destination alternate aerodrome’: an alternate aerodrome at which an aircraft would be able to land if it becomes either impossible or inadvisable to land at the aerodrome of intended landing;

• (9) ‘alternative means of compliance’ means those means that propose an alternative to an existing acceptable means of compliance or those that propose new means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules for which no associated AMC have been adopted by the Agency;

• (10) ‘anti-icing’, in the case of ground procedures, means a procedure that provides protection against the formation of frost or ice and accumulation of snow on treated surfaces of the aircraft for a limited period of time (hold-over time);

• (12) ‘cabin crew member’ means an appropriately qualified crew member, other than a flight crew or technical crew member, who is assigned by an operator to perform duties related to the safety of passengers and flight during operations;

• (17) ‘category A with respect to helicopters’ means a multi-engined helicopter designed with engine and system isolation features specified in the applicable certification specification and capable of operations using take-off and landing data scheduled under a critical engine failure concept that assures adequate designated surface area and adequate performance capability for continued safe flight or safe rejected take-off in the event of engine failure;

• (18) ‘category B with respect to helicopters’ means a single-engined or multi-engined helicopter that does not meet category A standards. Category B helicopters have no guaranteed capability to continue safe flight in the event of an engine failure, and unscheduled landing is assumed;

• (18a) ‘ceiling’ means the height above the ground or water of the base of the lowest layer of cloud below 6 000 m (20 000 ft) covering more than half the sky;

• (19) ‘certification specifications’ (CS) means technical standards adopted by the Agency indicating means to show compliance with Regulation (EC) No 216/2008 and its Implementing Rules and which can be used by an organisation for the purpose of certification;

• (20) ‘circling’ means the visual phase of a circling approach operation;

• (20a) ‘circling approach operation’ means a Type A instrument approach operation to bring an aircraft into position for landing on a runway/final approach and take-off area (FATO) that is not suitably located for a straight-in approach;

• (21) ‘clearway’ means a defined rectangular area on the ground or on water under the control of the appropriate authority, selected or prepared as a suitable area over which an aircraft may make a portion of its initial climb to a specified height;

• (22) ‘cloud base’ means the height of the base of the lowest observed or forecast cloud element in the vicinity of an aerodrome or operating site or within a specified area of operations, normally measured above aerodrome elevation or, in the case of offshore operations, above mean sea level;

• (22a) ‘cockpit voice recorder (CVR)’ means a crash-protected flight recorder that uses a combination of microphones and other audio and digital inputs to collect and record the aural environment of the flight crew compartment and communications to, from and between the flight crew members;

• (23) ‘code share’ means an arrangement under which an operator places its designator code on a flight operated by another operator, and sells and issues tickets for that flight;

• (23a) ‘competency’ means a dimension of human performance that is used to reliably predict successful performance on the job and which is manifested and observed through behaviours that mobilise the relevant knowledge, skills and attitudes to carry out activities or tasks under specified conditions;

• (23b) ‘competency-based training’ means assessment and training programmes that are characterised by a performance orientation, emphasis on standards of performance and their measurement and the development of training to the specified performance standards;

• (23c) ‘competency framework’ means a complete set of identified competencies that are developed, trained and assessed in the operator’s evidence-based training programme utilising scenarios that are relevant to operations and which is wide enough to prepare the pilot for both foreseen and unforeseen threats and errors;

• (24) ‘congested area’ means in relation to a city, town or settlement, any area which is substantially used for residential, commercial or recreational purposes;

• (25) ‘contaminated runway’ means a runway of which a significant portion of its surface area (whether in isolated areas or not) within the length and width being used is covered by one or more of the substances listed under the runway surface condition descriptors;

• (26) ‘contingency fuel/energy’ means the fuel/energy required to compensate for unforeseen factors that could have an influence on the fuel/energy consumption to the destination aerodrome or vertiport;

• (27) ‘continuous descent final approach (CDFA)’ means a technique, consistent with stabilised approach procedures, for flying the final approach segment (FAS) of an instrument non-precision approach (NPA) procedure as a continuous descent, without level-off, from an altitude/height at or above the final approach fix altitude/height:
• (a) for straight-in approach operations, to a point approximately 15 m (50 ft) above the landing runway threshold or the point where the flare manoeuvre begins; or
• (b) for circling approach operations, until MDA/H or visual flight manoeuvre altitude/height is reached;

• (28) ‘converted meteorological visibility (CMV)’ means a value, equivalent to an RVR, which is derived from the reported meteorological visibility;

• (29) ‘crew member’ means a person assigned by an operator to perform duties on board an aircraft;

• (30) ‘critical phases of flight’ in the case of aeroplanes  or gyroplanes means the take-off run, the take-off flight path, the final approach, the missed approach, the landing, including the landing roll, and any other phases of flight as determined by the pilot-in-command or commander;

• (31) ‘critical phases of flight’ means:
• (a) for helicopters, taxiing, hovering, take-off, final approach, missed approach, landing and any other phases of flight as determined by the pilot-in-command or the commander;
• (b) for VCA,  taxiing on the ground with passengers for the purpose of flight or after landing, air taxiing, hovering, take-off, final approach, missed approach (go-around), landing and any other phase of flight as determined by the pilot-in-command;

• (31a) ‘current fuel/energy scheme’ means the approved fuel/energy scheme that is currently used by the operator;

• (33) ‘dangerous goods (DG)’ means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the technical instructions or which are classified according to those instructions;

• (34) ‘dangerous goods accident’ means an occurrence associated with and related to the transport of dangerous goods by air which results in fatal or serious injury to a person or major property damage;

• (35) ‘dangerous goods incident’ means:
• (a) an occurrence other than a dangerous goods accident associated with and related to the transport of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained;
• (b) any occurrence relating to the transport of dangerous goods which seriously jeopardises an aircraft or its occupants;

• (35a) ‘decision altitude (DA) or decision height (DH)’ means a specified altitude or height in a 3D instrument approach operation at which a missed approach procedure must be initiated if the required visual reference to continue the approach has not been established;

• (36) ‘de-icing’, in the case of ground procedures, means a procedure by which frost, ice, snow or slush is removed from an aircraft in order to provide uncontaminated surfaces;

• (37) ‘defined point after take-off (DPATO)’ means the point, within the take-off and initial climb phase, before which the helicopter’s ability to continue the flight safely, with the critical engine inoperative, is not assured and a forced landing may be required;

• (38) ‘defined point before landing (DPBL)’ means the point within the approach and landing phase, after which the helicopter’s ability to continue the flight safely, with the critical engine inoperative, is not assured and a forced landing may be required;

• (39) ‘distance DR’ means the horizontal distance that the helicopter or the VCA has travelled from the end of the take-off distance available;

• (40) ‘dry lease agreement’ means an agreement between undertakings pursuant to which the aircraft is operated under the air operator certificate (AOC) of the lessee or, in the case of commercial operations other than CAT, under the responsibility of the lessee;

• (41) ‘dry operating mass’ means the total mass of the aircraft ready for a specific type of operation, excluding usable fuel and traffic load;

• (42) ‘dry runway’ means a runway whose surface is free of visible moisture and not contaminated within the area intended to be used;

• (42a) ‘EFB application’ means a software application installed on an EFB host platform that provides one or more specific operational functions which support flight operations;

• (42b) ‘EFB host platform’ means the hardware equipment in which the computing capabilities and basic software reside, including the operating system and the input/output software;

• (42c) ‘EFB system’ means the hardware equipment (including any battery, connectivity provisions, input/output components) and software (including databases and the operating system) needed to support the intended EFB application(s);

• (42d) ‘EBT module’ means a combination of sessions in a qualified flight simulation training device as part of the 3-year period of recurrent assessment and training;

• (43) ‘ELA1 aircraft’ means the following manned European Light Aircraft:
• (a) an aeroplane with a Maximum Take-off Mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft;
• (b) a sailplane or powered sailplane of 1 200 kg MTOM or less;
• (c) a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m³ for hot air balloons, 1 050 m³ for gas balloons, 300 m³ for tethered gas balloons;

• (44) ‘ELA2 aircraft’ means the following manned European Light Aircraft:
• (a) an aeroplane with a Maximum Take-off Mass (MTOM) of 2 000 kg or less that is not classified as complex motor-powered aircraft;
• (b) a sailplane or powered sailplane of 2 000 kg MTOM or less;
• (c) a balloon;
• (d) a Very Light Rotorcraft with a MTOM not exceeding 600 kg which is of a simple design, designed to carry not more than two occupants, not powered by turbine and/or rocket engines; restricted to VFR day operations;

• (44a) ‘electronic flight bag (EFB)’ means an electronic information system, comprised of equipment and applications for flight crew, which allows for the storing, updating, displaying and processing of EFB functions to support flight operations or duties;

• (45) ‘elevated final approach and take-off area (elevated FATO)’ means a FATO that is at least 3 m above the surrounding surface;

• (45a) ‘emergency exit’ means an installed exit-type egress point from the aircraft that allows maximum opportunity for cabin and flight crew compartment evacuation within an appropriate time period and includes floor level door, window exit or any other type of exit, for instance hatch in the flight crew compartment and tail cone exit;

• (46) ‘enhanced flight vision system (EFVS)’ is an electronic means to provide the flight crew with a real-time sensor-derived or enhanced display of the external scene topography (the natural or man-made features of a place or region especially in a way to show their relative positions and elevation) through the use of imaging sensors; an EFVS is integrated with a flight guidance system and is implemented on a head-up display or an equivalent display system; if an EFVS is certified according to the applicable airworthiness requirements and an operator holds the necessary specific approval (when required), then it may be used for EFVS operations and may allow operations with operational credits;

• (46a) ‘EFVS operation’ means an operation in which visibility conditions require an EFVS to be used instead of natural vision in order to perform an approach or landing, identify the required visual references or conduct a roll-out;

• (46b) ‘EFVS 200 operation’ means an operation with an operational credit in which visibility conditions require an EFVS to be used down to 200 ft above the FATO or runway threshold. From that point to land, natural vision is used. The RVR shall not be less than 550 m;

• (47) ‘enhanced vision system (EVS)’ is an electronic means to provide the flight crew with a real-time image of the actual external scene topography (the natural or man-made features of a place or region especially in a way to show their relative positions and elevation) through the use of imaging sensors;

• (47a) ‘enrolment’ means the administrative action carried out by the operator where a pilot participates in the operator’s EBT programme;

• (47b) ‘enrolled pilot’ means the pilot that participates in the EBT recurrent training programme;

• (47c) ‘equivalency of approaches’ means all the approaches that place an additional demand on a proficient crew regardless of whether they are used or not in the EBT modules;

• (47d) ‘equivalency of malfunctions’ means all the malfunctions that put a significant demand on a proficient crew regardless of whether they are used or not in the EBT modules;

• (47e) ‘evaluation phase’ means one of the phases of an EBT modulewhich is a line-orientated flight scenario, representative of the operator’s environment during which there are one or more occurrences to evaluate key elements of the defined competency framework;

• (47f) ‘evidence-based training (EBT)’ means assessment and training based on operational data that is characterised by developing and assessing the overall capability of a pilot across a range of competencies (competency framework) rather than by measuring the performance in individual events or manoeuvres;

• (48) ‘final approach and take-off area (FATO)’ means a defined area for helicopter or VCA operations over which the final phase of the approach manoeuvre to hover or land is completed, and from which the take-off manoeuvre is commenced; in the case of helicopters operating in performance class 1 and VCA operating in the category Enhanced or equivalent, the defined area includes the rejected take-off area available;

• (48a) ‘flight crew member’ means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;

• (48b) ‘final approach segment (FAS)’ means that segment of an instrument approach procedure (IAP) in which alignment and descent for landing are accomplished;

• (49) ‘flight data monitoring (FDM)’ means the proactive and non-punitive use of digital flight data from routine operations to improve aviation safety;

• (49a) ‘flight operations officer’ or ‘flight dispatcher’ means a person designated by the operator to engage in the control and supervision of flight operations, who is suitably qualified, who supports, briefs or assists, or both, the pilot-in-command in the safe conduct of the flight;

• (49b) ‘flight data recorder (FDR)’ means a crash-protected flight recorder that uses a combination of data sources to collect and record parameters that reflect the state and performance of the aircraft;

• (49c) ‘flight recorder’ means any type of recorder that is installed on the aircraft for the purpose of facilitating accident or incident safety investigations;

• (49d) ‘flight following’ means the recording in real time of departure and arrival messages by operational personnel to ensure that a flight is operating and has arrived at the destination aerodrome or an alternate aerodrome;

• (49e) ‘flight monitoring’ means, in addition to the requirements defined for flight following:
• (a) operational monitoring of flights by suitably qualified operational-control personnel from departure throughout all phases of the flight;
• (b) communication of all available and relevant safety information between the operational-control personnel on the ground and the flight crew; and
• (c) critical assistance to the flight crew in the event of an in-flight emergency or security issue, or at the request of the flight crew;

• (50) ‘flight simulation training device (FSTD)’ means a training device which is:
• (a) in the case of aeroplanes, a full flight simulator (FFS), a flight training device (FTD), a flight and navigation procedures trainer (FNPT), or a basic instrument training device (BITD);
• (b) in the case of helicopters, a full flight simulator (FFS), a flight training device (FTD) or a flight and navigation procedures trainer (FNPT);

• (50a) ‘flight time’ means:
• (a) for aeroplanes, the total time from the moment an aeroplane first moves for the purpose of taking off until the moment the aeroplane finally comes to rest at the end of the flight;
• (b) for helicopters, the total time between the moment a helicopter’s rotor blades start turning for the purpose of taking off until the moment the helicopter finally comes to rest at the end of the flight, and the rotor blades are stopped;
• (c) for VCA, the total time between the moment the lift and thrust units are powered on for the purpose of taking off until the moment the aircraft finally comes to rest at the end of the flight and the lift and thrust units are powered off;

• (50b) ‘flight watch’ means, in addition to all elements defined for ‘flight monitoring’, the active tracking of a flight by suitably qualified operational-control personnel throughout all phases of the flight to ensure that the flight is following its prescribed route without unplanned deviations, diversions or delays;

• (52) ‘GBAS landing system (GLS)’ means an approach landing system using ground based augmented global navigation satellite system (GNSS/GBAS) information to provide guidance to the aircraft based on its lateral and vertical GNSS position. It uses geometric altitude reference for its final approach slope;

• (52a) ‘go-around’ means a transition from an approach operation to a stabilised climb. This includes manoeuvres conducted at or above the MDA/H or DA/H, or below the DA/H (balked landings);

• (53) ‘ground emergency service personnel’ means any ground emergency service personnel, such as police officers, firefighters, etc., involved in helicopter emergency medical services (HEMSs) or in emergency medical services with VCA (VEMSs) and whose tasks are to any extent pertinent to the operation;

• (54) ‘grounding’ means the formal prohibition of an aircraft to take-off and the taking of such steps as are necessary to detain it;

• (55) ‘head-up display landing system (HUDLS)’ means the total airborne system which provides head-up guidance to the pilot to enable the pilot to either control the aircraft or to monitor the autopilot during take-off (if applicable), approach and landing (and roll-out if applicable), or go-around. It includes all the sensors, computers, power supplies, indications and controls;

• (58) ‘helicopter hoist operation (HHO) crew member’ means a technical crew member who performs assigned duties relating to the operation of a hoist;

• (59) ‘helideck’ means a FATO located on a floating or fixed offshore structure;

• (60) ‘HEMS crew member’ means a technical crew member who is assigned to a HEMS flight for the purpose of attending to any person in need of medical assistance carried in the helicopter and assisting the pilot during the mission;

• (61) ‘HEMS flight’ means a flight by a helicopter operating under a HEMS approval, where immediate and rapid transportation is essential and the purpose of which is either of the following:
• (a) to facilitate emergency medical assistance by carrying one or more of the following:
• (i) medical personnel;
• (ii) medical supplies (equipment, blood, organs, drugs);
• (iii) ill or injured persons and other persons directly involved;
• (b) to perform an operation where a person faces an imminent or anticipated health risk posed by the environment and either of the following conditions is met:
• (i) that person needs to be rescued or provided with supplies;
• (ii) persons, animals or equipment need to be transported to and from the HEMS operating site;

• (61a) ‘HEMS HEC operation’ means air and ground operations for the purpose of transporting one or more persons as human external cargo (HEC) within a HEMS flight;

• (62) ‘HEMS operating base’ means an aerodrome at which the crew members and the HEMS helicopter may be on standby for HEMS operations;

• (63) ‘HEMS operating site’ means a site that is selected by the commander during a HEMS flight for a HEMS HEC operation or a landing or a take-off;

• (64) ‘HHO flight’ means a flight by a helicopter operating under an HHO approval, the purpose of which is to facilitate the transfer of persons and/or cargo by means of a helicopter hoist;

• (65) ‘HHO offshore’ means a flight by a helicopter operating under an HHO approval, the purpose of which is to facilitate the transfer of persons and/or cargo by means of a helicopter hoist from or to a vessel or structure in a sea area or to the sea itself;

• (66) ‘HHO passenger’ means a person who is to be transferred by means of a helicopter hoist;

• (67) ‘HHO site’ means a specified area at which a helicopter performs a hoist transfer;

• (68) ‘hold-over time (HoT)’ means the estimated time the anti-icing fluid will prevent the formation of ice and frost and the accumulation of snow on the protected (treated) surfaces of an aeroplane;

• (69) ‘hostile environment’ means:
• (a) an area in which:
• (i) a safe forced landing cannot be accomplished because the surface is inadequate; or
• (ii) the rotorcraft occupants or VCA occupants cannot be adequately protected from the elements; or
• (iii) search and rescue response/capability are not provided consistent with anticipated exposure; or
• (iv) there is an unacceptable risk of endangering persons or property on the ground;
• (b) in any case, the following areas:
• (i) for overwater operations, the open sea area north of 45 N and south of 45 S, unless any part is designated as non-hostile by the responsible authority of the State in which the operations take place; and
• (ii) those parts of a congested area without adequate safe forced landing areas;

• (69a) ‘human–machine interface (HMI)’ means a component of certain devices that is capable of handling human–machine interactions. The interface consists of hardware and software that allow user inputs to be interpreted and processed by machines or systems that, in turn, provide the required results to the user;

• (69b) ‘in-seat instruction’ means a technique used in the manoeuvres training phase or the scenario-based training phase, where the instructors can:
• (a) provide simple instructions to one pilot; or
• (b) perform predetermined exercises acting, in a pilot seat, as pilot flying (PF) or pilot monitoring (PM) for:
• (1) the demonstration of techniques; and/or
• (2) triggering the other pilot to intervene or interact;

• (69c) ‘instructor concordance’ means the consistency or stability of scores between different EBT instructorswhich gives a score (or scores) of how much homogeneity, or consensus, there is in the ratings given by instructors (raters);

• (69d) ‘instrument approach operation’ means an approach and landing using instruments for navigation guidance based on an instrument approach procedure (IAP). There are two methods for executing instrument approach operations:
• (a) a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; and
• (b) a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance;

• (69e) ‘instrument approach procedure (IAP)’ means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply. IAPs are classified as follows:
• (a) non-precision approach (NPA) procedure, which means an IAP designed for 2D instrument approach operations Type A;
• (b) approach procedure with vertical guidance (APV) means a performance-based navigation (PBN) IAP designed for 3D instrument approach operations Type A;
• (c) precision approach (PA) procedure means an IAP based on navigation systems designed for 3D instrument approach operations Type A or B;

• (70) ‘landing decision point (LDP)’ means:
• (a) for helicopters, the point used to determine landing performance from which, an engine failure having been recognised at this point, the landing may be safely continued or a balked landing initiated;
• (b) for VCA, the point used to determine landing performance from which the landing may be safely continued or a balked landing initiated, following a CFP;

• (70a) ‘landing distance at time of arrival (LDTA)’ means a landing distance that is achievable in normal operations based on landing performance data and associated procedures determined for the prevailing conditions at the time of landing;

• (71) ‘landing distance available’ means:
• (a) for aeroplanes (LDAA), the length of the runway which is declared available by the State of the aerodrome and suitable for the ground run of an aeroplane landing;
• (b) for helicopters (LDAH), the length of the FATO plus any additional area declared available by the State of the aerodrome and suitable for the helicopter to complete the landing manoeuvre from a defined height; and
• (c) for VCA (LDAV), the length of the FATO plus any additional area declared available and suitable for the VCA to complete the landing manoeuvre from a defined height;

• (71a) ‘landing distance required (LDR)’ means:
• (a) for helicopters (LDRH), the horizontal distance required to land and come to a full stop from a point of 15 m (50 ft) above the landing surface; and
• (b) for VCA (LDRV), the horizontal distance required to land and come to a full stop from a point of 15 m (50 ft) above the landing surface;

• (72) ‘landplane’ means a fixed wing aircraft which is designed for taking off and landing on land and includes amphibians operated as landplanes;

• (72a) ‘line-orientated flight scenario’ means the assessment and training involving a realistic, ‘real-time’, full mission simulation of scenarios that are representative of line operations;

• (72b) ‘line check’ means a check conducted by the operator and completed by the pilot or the technical crew member to demonstrate competence in carrying out normal line operations described in the operations manual;

• (73) ‘local helicopter operation (LHO)’ means a commercial air transport operation of helicopters with a maximum certified take-off mass (MCTOM) over 3 175 kg and a maximum operational passenger seating configuration (MOPSC) of nine or less, by day, over routes navigated by reference to visual landmarks, conducted within a local and defined geographical area specified in the operations manual;

• (74) ‘low-visibility operations (LVOs)’ means approach or take-off operations on a runway with a runway visual range less than 550 m or with a decision height less than 200 ft;

• (75) ‘low-visibility take-off (LVTO)’ means a take-off with an RVR less than 550 m;

• (76a) ‘maintenance check flight (“MCF”)’ means a flight of an aircraft with an airworthiness certificate or with a permit to fly which is carried out for troubleshooting purposes or to check the functioning of one or more systems, parts or appliances after maintenance, if the functioning of the systems, parts or appliances cannot be established during ground checks and which is carried out in any of the following situations:
• (a) as required by the aircraft maintenance manual (‘AMM’) or any other maintenance data issued by a design approval holder being responsible for the continuing airworthiness of the aircraft;
• (b) after maintenance, as required by the operator or proposed by the organisation responsible for the continuing airworthiness of the aircraft;
• (c) as requested by the maintenance organisation for verification of a successful defect rectification;
• (d) to assist with fault isolation or troubleshooting;

• (76b) ‘manoeuvres training phase’ means a phase of an EBT module during which, according to aircraft generation, crews have time to practise and improve performance in largely psychomotor skill-based exercises by achieving a prescribed flight path or performing a prescribed event to a prescribed outcome;

• (76c) ‘mixed EBT programme’ means an operator’s recurrent training and checking programme as per ORO.FC.230, a portion of which is dedicated to the application of EBT but which does not replace proficiency checks as per Appendix 9 to Annex I (Part-FCL) to Regulation (EU) No 1178/2011;

• (77) ‘maximum operational passenger seating configuration (MOPSC)’ means the maximum passenger seating capacity of an individual aircraft, excluding crew seats, established for operational purposes and specified in the operations manual. Taking as a baseline the maximum passenger seating configuration established during the certification process conducted for the type certificate (TC), supplemental type certificate (STC) or change to the TC or STC as relevant to the individual aircraft, the MOPSC may establish an equal or lower number of seats, depending on the operational constraints;

• (78) ‘medical passenger’ means a medical person carried in a helicopter during a HEMS flight or in a VCA during a VEMS flight, including but not limited to doctors, nurses and paramedics;

• (78a) ‘minor failure condition’ means a failure condition that would not significantly reduce aircraft safety, and which involves flight crew actions that are well within their capabilities;

• (78b) ‘misuse of substances’ means the use of one or more psychoactive substances by flight crew, cabin crew members and other safety-sensitive personnel in a way that:
• (a) constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or
• (b) causes or worsens an occupational, social, mental or physical problem or disorder;

• (78c) ‘minimum descent altitude (MDA) or minimum descent height (MDH)’ means a specified altitude or height in a 2D instrument approach operation or circling approach operation below which descent must not be made without the required visual reference;

• (79) ‘night’ means the period between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise as may be prescribed by the appropriate authority, as defined by the Member State;

• (80) ‘night vision goggles (NVG)’ means a head-mounted, binocular, light intensification appliance that enhances the ability to maintain visual surface references at night;

• (81) ‘night vision imaging system (NVIS)’ means the integration of all elements required to successfully and safely use NVGs while operating a helicopter. The system includes as a minimum: NVGs, NVIS lighting, helicopter components, training and continuing airworthiness;

• (82) ‘non-hostile environment’ means an environment in which:
• (a) a safe forced landing can be accomplished;
• (b) the rotorcraft occupants or the VCA occupants can be protected from the elements; and
• (c) search and rescue response/capability is provided consistent with the anticipated exposure. In any case, those parts of a congested area with adequate safe forced landing areas shall be considered non-hostile;

• (84) ‘NVIS crew member’ means a technical crew member assigned to an NVIS flight;

• (85) ‘NVIS flight’ means a flight under night visual meteorological conditions (VMC) with the flight crew using NVGs in a helicopter operating under an NVIS approval;

• (85a) ‘obstacle clearance altitude (OCA) or obstacle clearance height (OCH)’ means the lowest altitude or the lowest height above the elevation of the relevant runway threshold or the aerodrome elevation, as applicable, used in establishing compliance with the appropriate obstacle clearance criteria;

• (86) ‘offshore operation’ means a helicopter operation that has a substantial proportion of any flight conducted over open sea areas to or from an offshore location;

• (86a) ‘offshore location’ means a facility intended to be used for helicopter operations on a fixed or floating offshore structure or a vessel;

• (86b) ‘open sea area’ means the area of water to seaward of the coastline;

• (87) ‘operating site’ means a site, other than an aerodrome, selected by the operator or pilot-in-command or commander for landing, take-off and/or external load operations;

• (88) ‘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;

• (89) ‘operation in performance class 2’ means an operation that, in the event of failure of the critical engine, performance is available to enable the helicopter to safely continue the flight, except when the failure occurs early during the take-off manoeuvre or late in the landing manoeuvre, in which cases a forced landing may be required;

• (90) ‘operation in performance class 3’ means an operation that, in the event of an engine failure at any time during the flight, a forced landing may be required in a multi-engined helicopter and will be required in a single-engined helicopter;

• (91) ‘operational control’ means the responsibility for the initiation, continuation, termination or diversion of a flight in the interest of safety;

• (91a) ‘operational credit’ means a credit for operations with an advanced aircraft enabling lower aerodrome operating minima than would normally be established by the operator for a basic aircraft, based upon the performance of advanced aircraft systems utilising the available external infrastructure. Lower operating minima may include a lower decision height/altitude or minimum descent height/altitude, reduced visibility requirements or reduced ground facilities or a combination of these;

• (92) ‘operator proficiency check’ means a check conducted by the operator and completed by the pilot or the technical crew member to demonstrate competence in carrying out normal, abnormal and emergency procedures;

• (93) ‘performance class A aeroplanes’ means multi-engined aeroplanes powered by turbo-propeller engines with an MOPSC of more than nine or a maximum take-off mass exceeding 5 700 kg, and all multi-engined turbo-jet powered aeroplanes;

• (94) ‘performance class B aeroplanes’ means aeroplanes powered by propeller engines with an MOPSC of nine or less and a maximum take-off mass of 5 700 kg or less;

• (95) ‘performance class C aeroplanes’ means aeroplanes powered by reciprocating engines with an MOPSC of more than nine or a maximum take-off mass exceeding 5 700 kg;

• (95a) ‘personnel-carrying device system (PCDS)’ means a system including one or more devices that is either attached to a hoist or cargo hook or mounted to the rotorcraft airframe during human external cargo (HEC) or helicopter hoist operations (HHO). The devices have the structural capability and features needed to transport occupants external to the helicopter e.g. a life safety harness with or without a quick release and strop with a connector ring, a rigid basket or a cage;

• (95b) ‘simple personnel carrying device system (simple “PCDS”)’ means a PCDS that complies with the following conditions:
• (a) meets a harmonised standard under Regulation (EU) 2016/425 of the European Parliament and of the Council ([^E0004]) or Directive 2006/42/EC of the European Parliament and of the Council ([^E0005]);
• (b) is designed to restrain no more than a single person (for instance, hoist or cargo hook operator, task specialist or photographer) inside the cabin, or to restrain no more than two persons outside the cabin;
• (c) is not a rigid structure such as a cage, a platform or a basket;

• (96) ‘pilot-in-command (PIC)’ means the pilot designated as being in command and charged with the safe conduct of the flight; for the purpose of commercial air transport operations with aeroplanes and helicopters, the ‘pilot-in-command’ shall be termed ‘commander’;

• (96a) ‘portable EFB’ means a portable EFB host platform, used on the flight deck, which is not part of the configuration of the certified aircraft;