(EU) 965/2012 Implementation
The Regulation on Air Operations (OPS) is being published in stages.The guidance materials and more information are available at http://easa.europa.eu/agency-measures/acceptable-means-of-compliance-and-guidance-material.php and at http://easa.europa.eu/regulations
"Entry into force" means that EU rules exist but without implying that those rules are mandatory.
"Date of application" means as the one from which Member States and industry, shall start complying with the new rules.
A. Regulation (EU) No 965/2012 establishes implementing rules for commercial air transport operations with aeroplanes and helicopters.
1. AOC(a) “Grand-father “of privileges under EU-OPS compliant AOC:
a) The privileges of an Air Operator Certificate issued under EU-OPS shall be grandfathered without further evaluation or verification;
b) Starting the entry into force of the OPS-CAT :
The new Air Operator Certificate will be issued only in accordance with the new regulation;
Grandfathered privileges will be updated only in accordance with the new regulation.
2. AOC(h) Conversion of air operator certificates issued under JAR-OPS 3:
a) There is no automatic grandfathering because Member States have transposed JAR-OPS 3 to national requirements, as which will be applied a process for the conversion of Air Operator Certificates ;
b ) The conversion process must begin with the entry into force of the new regulation and to ensure that at the end of the transitional period will be achieved full compliance with the new requirements;
On 28th of October, 2012, Regulation (EU) no. 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations under Regulation (EC) no. 216/2008 of the European Parliament and the Council has entered into force.
In accordance with Article 10 of Regulation (EU) no. 965/2012, Romania has notified the European Comision on the decision to not apply the provisions of Annexes I to V until 28 October 2014.
In accordance with Art. 7, para. (2) of (UE) no. 965/05.10.2012, the AOCs issued by a member state to the helicopter operators, before the date of application of (UE) no. 965/05.10.2012, have to be converted into AOCs which comply with the provisions of the above mentioned regulation through a conversion report with the consultation of EASA. The need to develop the conversion report is governed by the different amendments of JAR-OPS 3 in the UE.
In the conversion report the member states have specified:
- the national requirements on the basis of which the AOCs were issued;
- the scope of privileges that were given to the operators;
- 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 has included 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.
In order for the Air Operator Certificates for helicopters to be converted into compliant AOCs, RCAA decided to issue an Operational Directive to describe the differences between JAR-OPS 3, Amendment 5 and Annexes I, III, IV and V of (UE) no. 965/2012.
In order for the Operational Directive DO:ConvAOC(h) to enter into force, after the publication of the draft on the RCAA website, the air operators have been invited to provide, until November 04th, 2013, any written information, points of view or arguments, resulted after the analysis of the above mentioned document.
On 28th of November, 2013, the Operational Directive DO:ConvAOC(h) has entered into force.
On 18.12.2013, at Romanian CAA headquarters, a meeting was held with the responsibles for flight operations and quality assurance (compliance monitoring), which was devoted to the content of the Operational Directive for the proper implementation of its provisions. The presentation support materials can be downloaded here.
3. More details
Activities during the transition
Operators must begin to adapt their management systems, operating procedures, training programs and manuals from the date of entry into force, so that, at the latest the end of the transition period (dates of application of the implementation program), they will be fully compliant with the new requirements.
On 28.10.2012, entered into force Section 2 "Management" from Subpart GEN of Annex III (Part- ORO) to Regulation (EU) No 965/2012.
Implementation and maintenance of a safety management system will be made taking into account the ICAO requirements contained in Annex 19 and ICAO Doc 9859 - Safety Management Manual , current edition, Section 2 of Subpart GEN of Annex III ( Part - ORO ) Regulation (EU) No 965/2012 , Civil Aviation National Safety Program (SSP RO) and the Ro CAA Safety Circular CS: SMS - Guidelines for implementing the Safety Management System.
Starting from 08.04.2013 are applicable the requirements of Annex III (Part- ORO), Subpart CC Aircraft operators must analyze their operating procedures and if necessary modify them to their correlation with Regulation (EU) no. 290/2012, Annex V , Part- CC.
"Operations Manual Check- list - Airplanes" – is a document that describes the structure and contents of the Operations Manual, prepared in accordance with Regulation (EU) No. 965/2012, can be found here. Aircraft operators must transmit the Operations Manual revised accordingly until 28.04.2014, in order to comply with EU Implementation Plan for Regulation (EU) No 965/2012.
Regulation (EU) No 800/2013 amends Regulation (EU) No 965/2012 to include rules for non-commercial operations with aeroplanes, helicopters, balloons and sailplanes according to the complexity of aircraft.
Regulation (EU) No 83/2014 on Air Operations it covers flight and duty time limitations and rest requirements for CAT operations with aeroplanes.
Regulation (EU) No 379/2014 on Air Operations to cover specialized operations.