(3)

Annex III (Part-ORO) is amended as follows: (a) in point ORO.GEN.110, point (h) is replaced by the following: ‘(h) The operator shall establish a checklist for each aircraft type to be used by crew members in all phases of flight under normal, abnormal and emergency conditions in order to ensure that the operating procedures in the operations manual are followed. The design and the usage of checklists shall observe human factors principles and take into account the latest relevant documentation from the design approval holder.’; (b) in point ORO.GEN.135, point (a) is replaced by the following: ‘(a) The operator's certificate shall remain valid subject to all of the following: (1) the operator remaining in compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, taking into account the provisions related to the handling of findings as specified under point ORO.GEN.150 of this Annex; (2) the competent authority being granted access to the operator as defined in point ORO.GEN.140 of this Annex to determine continued compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts; (3) the certificate not being surrendered or revoked.’; (c) in point ORO.GEN.140, point (a) is replaced by the following: ‘(a) For the purpose of determining compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, the operator shall grant access at any time to any facility, aircraft, document, records, data, procedures or any other material relevant to its activity subject to certification, SPO authorisation or declaration, whether it is contracted or not, to any person authorised by one of the following authorities: (1) the competent authority defined in point ORO.GEN.105 of Annex III to this Regulation; (2) the authority acting under the provisions of points ARO.GEN.300(d), ARO.GEN.300(e) or Subpart RAMP of Annex II to this Regulation.’; (d) point ORO.GEN.160 is amended as follows: (i) point (a) is replaced by the following: ‘(a) The operator shall report to the competent authority, and to any other organisation required to be informed by the State of the operator, any accident, serious incident and occurrence as defined in Regulation (EU) No 996/2010 of the European Parliament and of the Council ( *8 ) and Regulation (EU) No 376/2014. (*8) Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, p. 35).’;" (ii) point (c) is replaced by the following: ‘(c) Without prejudice to Regulation (EU) No 996/2010 and Regulation (EU) No 376/2014, the reports referred in points (a) and (b) shall be made in a form and manner established by the competent authority and shall contain all pertinent information about the conditions known to the operator.’; (e) in point ORO.GEN.205, point (a) is replaced by the following: ‘(a) When contracting or purchasing any services or products as a part of its activities, the operator shall ensure all of the following: (1) that the contracted or purchased services or products comply with the applicable requirements; (2) that any aviation safety hazards associated with contracted or purchased services or products are considered by the operator's management system.’; (f) in Subpart GEN, the following Section 3 is added: ‘ Section 3 Additional organisational requirements ORO.GEN.310 Use of aircraft listed on an AOC for non-commercial operations and specialised operations (a) Aircraft listed on an operator's AOC may remain on the AOC if it is operated in any of the following situations: (1) by the AOC holder itself, for specialised operations in accordance with Annex VIII (Part-SPO); (2) by other operators, for non-commercial operations with motor-powered aircraft or for specialised operations performed in accordance with Annex VI (Part-NCC), Annex VII (Part-NCO) or Annex VIII (Part-SPO), provided that the aircraft is used for a continuous period not exceeding 30 days. (b) When the aircraft is used in accordance with point (a)(2), the AOC holder providing the aircraft and the operator using the aircraft shall establish a procedure: (1) clearly identifying which operator is responsible for the operational control of each flight and to describe how the operational control is transferred between them; (2) describing the handover procedure of the aircraft upon its return to the AOC holder. That procedure shall be included in the operations manual of each operator or in a contract between the AOC holder and the operator using the aircraft in accordance with point (a)(2). The AOC holder shall establish a template of such contract. Point ORO.GEN.220 shall apply to the record-keeping of those contracts. The AOC holder and the operator using the aircraft in accordance with point (a)(2) shall ensure that the procedure is communicated to the relevant personnel. (c) The AOC holder shall submit to the competent authority the procedure referred to in point (b) for prior approval. The AOC holder shall agree with the competent authority on the means and on the frequency of providing it with information about transfers of operational control in accordance with point ORO.GEN.130(c). (d) The continuing airworthiness of the aircraft used in accordance with point (a) shall be managed by the organisation responsible for the continuing airworthiness of the aircraft included in the AOC, in accordance with Regulation (EU) No 1321/2014. (e) The AOC holder providing the aircraft in accordance with point (a) shall: (1) indicate in its operations manual the registration marks of the provided aircraft and the type of operations conducted with those aircraft; (2) remain informed at all times and keep record of each operator that holds the operational control of the aircraft at any given moment until the aircraft is returned to the AOC holder; (3) ensure that its hazard identification, risk assessment and mitigation measures address all the operations conducted with those aircraft. (f) For operations under Annex VI (Part-NCC) and Annex VIII (Part-SPO), the operator using the aircraft in accordance with point (a) shall ensure all of the following: (1) that every flight conducted under its operational control is recorded in the aircraft technical log system; (2) that no changes to the aircraft systems or configuration are made; (3) that any defect or technical malfunction occurring while the aircraft is under its operational control is reported to the CAMO of the AOC holder; (4) that the AOC holder receives a copy of any occurrence report related to the flights performed with the aircraft, completed in accordance with Regulation (EU) No 376/2014 and Commission Implementing Regulation (EU) 2015/1018 (*9). (*9) Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L 163, 30.6.2015, p. 1).’;" (g) in point ORO.AOC.110, point (c) is replaced by the following: ‘Wet lease-in (c) The applicant for the approval of the wet lease-in of an aircraft from a third-country operator shall demonstrate to the competent authority all of the following: (1) that the third country operator holds a valid AOC issued in accordance with Annex 6 to the Convention on International Civil Aviation; (2) that the safety standards of the third country operator with regard to continuing airworthiness and air operations are equivalent to the applicable requirements established by Regulation (EU) No 1321/2014 and this Regulation; (3) that the aircraft has a standard CofA issued in accordance with Annex 8 to the Convention on International Civil Aviation.’; (h) point ORO.AOC.125 is replaced by the following: ‘ORO.AOC.125 Non-commercial operations of an AOC holder with aircraft listed on its AOC (a) The AOC holder may conduct non-commercial operations in accordance with Annex VI (Part-NCC) or Annex VII (Part-NCO) with aircraft listed in the operations specifications of its AOC or in its operations manual, provided that the AOC holder describes such operations in detail in the operations manual, including the following: (1) an identification of the applicable requirements; (2) a description of any differences between operating procedures used when conducting CAT operations and non-commercial operations; (3) means of ensuring that all personnel involved in the operations are fully familiar with the associated procedures. (b) An AOC holder shall comply with: (1) Annex VIII (Part-SPO) when conducting maintenance check flights with complex motor-powered aircraft; (2) Annex VII (Part-NCO) when conducting maintenance check flights with other than complex motor-powered aircraft. (c) An AOC holder conducting operations referred to in points (a) and (b) shall not be required to submit a declaration in accordance with this Annex. (d) The AOC holder shall specify the type of flight, as listed in its operations manual, in the flight-related documents (operational flight plan, loadsheet and other equivalent documents).’; (i) in point ORO.AOC.135, point (a) is replaced by the following: ‘(a) In accordance with point ORO.GEN.210(b), the operator shall nominate persons responsible for the management and supervision of the following areas: (1) flight operations; (2) crew member training; (3) ground operations; (4) continuing airworthiness or for the continuing airworthiness management contract in accordance with Regulation (EU) No 1321/2014, as the case may be.’; (j) in point ORO.SPO.100, point (c) is replaced by the following: ‘(c) A commercial specialised operator shall obtain prior approval of the competent authority and comply with the following conditions: (1) for wet leasing-in an aircraft of a third-country operator: (i) that 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 (EU) No 1321/2014 (*10) and this Regulation; (ii) that the aircraft of a third-country operator has a standard CofA issued in accordance with Annex 8 to the Convention on International Civil Aviation; (iii) that the duration of the wet lease-in does not exceed seven months in any 12 consecutive month period; (2) for dry leasing-in an aircraft registered in a third country: (i) that an operational need that cannot be satisfied through leasing an aircraft registered in the Union has been identified; (ii) that the duration of the dry lease-in does not exceed seven months in any 12 consecutive month period; (iii) that the safety standards of the third-country aircraft with regard to continuing airworthiness are equivalent to the applicable requirements established by Regulation (EU) No 1321/2014; (iv) that the aircraft is equipped in accordance with Annex VIII (Part SPO). (*10) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).’;" (k) point ORO.CC.100 is replaced by the following: ‘ORO.CC.100 Number and composition of cabin crew (a) For the operation of aircraft with an MOPSC of more than 19, at least one cabin crew member shall be assigned when carrying one or more passenger(s). (b) For the purpose of complying with point (a), the minimum number of cabin crew members shall be the greatest number amongst the following: (1) the number of cabin crew members established during the aircraft certification process in accordance with the applicable certification specifications, for the aircraft cabin configuration used by the operator; (2) if the number under point (1) has not been established, the number of cabin crew members established during the aircraft certification process for the maximum certified passenger seating configuration reduced by 1 for every whole multiple of 50 passenger seats of the aircraft cabin configuration used by the operator falling below the maximum certified seating capacity; (3) one cabin crew member for every 50, or fraction of 50, passenger seats installed on the same deck of the aircraft to be operated. (c) For operations with more than one cabin crew member, the operator shall nominate one cabin crew member accountable to the pilot-in-command or the commander. (d) By way of derogation from point (a), non-commercial operations with aircraft with an MOPSC of more than 19 may be performed without an operating cabin crew member, subject to the prior approval by the competent authority. To obtain the approval, the operator shall ensure that all of the following conditions are fulfilled: (1) there are maximum 19 passengers on board; (2) the operator has developed procedures for that operation.’ (l) point ORO.CC.205 is replaced by the following: ‘ORO.CC.205 Reduction of the number of cabin crew members during ground operations and in unforeseen circumstances (a) Whenever passengers are on board an aircraft, the minimum number of cabin crew members required in accordance with point ORO.CC.100 shall be present in the aircraft and ready to act. (b) By way of derogation from point (a), the minimum number of cabin crew members may be reduced in either of the following cases: (1) during normal ground operations not involving refuelling or defuelling when the aircraft is at its parking station; (2) in unforeseen circumstances if the number of passengers carried on the flight is reduced. In this case, a report shall be submitted to the competent authority after completion of the flight; (3) for the purpose of providing in-flight rest during the cruise phase, either in accordance with point ORO.FTL.205(e) or as a fatigue mitigation implemented by the operator. (c) For the purposes of points (b)(1) and (b)(2), the operator's procedures of the operations manual shall ensure that: (1) an equivalent level of safety is achieved with the reduced number of cabin crew members, in particular for evacuation of passengers; (2) despite the reduced number of cabin crew members a senior cabin crew member is present in accordance with point ORO.CC.200; (3) at least one cabin crew member is required for every 50, or fraction of 50, passengers present on the same deck of the aircraft; (4) in the case of normal ground operations with aircraft requiring more than one cabin crew member, the number determined in accordance with point (3) shall be increased by one cabin crew member per each pair of floor level emergency exits. (d) For the purposes of point (b)(3), the operator shall: (1) conduct a risk assessment to determine the number of cabin crew members who are to be present and ready to act at all times during cruise; (2) identify measures to mitigate the effects of having a lower number of cabin crew members being present and ready to act during cruise; (3) establish in the operations manual specific procedures, including for the in-flight rest of the senior cabin crew member, that ensure at all times appropriate passenger handling and efficient management of any abnormal or emergency situations; (4) specify, in the flight time specification scheme in accordance with point ORO.FTL.125, the conditions under which in-flight rest may be provided to the cabin crew members.’; (m) Appendix I is replaced by the following: ‘Appendix I DECLARATION in accordance with Commission Regulation (EU) No 965/2012 on air operations Operator Name: Place in which the operator has its principal place of business or, if the operator has no principal place of business, place in which the operator is established or residing and place from which the operations are directed: Name and contact details of the accountable manager: Aircraft operation Starting date of operation or applicability date of the change: Information on aircraft, operation and continuing airworthiness management organisation (57): Aircraft MSN Aircraft type Aircraft registration (58) Main base Type(s) of operation (59) Organisation responsible for the continuing airworthiness management (60) Where applicable, details of approvals held (attach list of specific approvals, including specific approvals granted by a third-country, to the declaration, if applicable). Where applicable, details of specialised operations authorisation held (attach authorisations, if applicable). Where applicable, list of alternative means of compliance with references to the associated AMCs they replace (attach AltMoC). Statements ☐ The operator complies, and will continue to comply, with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 of the European Parliament and of the Council and with the requirements of Regulation (EU) No 965/2012. ☐ The management system documentation, including the operations manual, comply with the requirements of Annex III (Part-ORO), Annex V (Part-SPA), Annex VI (Part-NCC), or Annex VIII (Part-SPO) to Regulation (EU) No 965/2012 and all flights will be carried out in accordance with the provisions of the operations manual as required by point ORO.GEN.110(b) of Annex III to that Regulation. ☐ All aircraft operated hold a valid certificate of airworthiness in accordance with Commission Regulation (EU) No 748/2012 or meet the specific airworthiness requirements applicable to aircraft registered in a third country and subject to a lease agreement. ☐ All flight crew members hold a licence in accordance with Annex I to Commission Regulation (EU) No 1178/2011 as required by point ORO.FC.100(c) of Annex III to Regulation (EU) No 965/2012 and cabin crew members, where applicable, are trained in accordance with Subpart CC of Annex III to Regulation (EU) No 965/2012. ☐ (If applicable) The operator has implemented and demonstrated conformity to a recognised industry standard. Reference of the standard: Certification body: Date of the last conformity audit: ☐ The operator will notify to the competent authority any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Regulation (EU) No 965/2012 as declared to the competent authority through this declaration and any changes to the information and lists of AltMoC included in and annexed to this declaration, as required by point ORO.GEN.120(a) of Annex III to Regulation (EU) No 965/2012. ☐ The operator confirms that the information disclosed in this declaration is correct. Date, name and signature of the accountable manager