(3)

Annex IV (Part-CAT) is amended as follows: (a) in point CAT.GEN.MPA.100, point (c)(1) of is replaced by the following: ‘(1) when under the influence of psychoactive substances or when unfit due to injury, fatigue, medication, sickness or other similar causes;’; (b) point CAT.GEN.MPA.170 is replaced by the following: ‘CAT.GEN.MPA.170 Psychoactive substances (a) The operator shall take all reasonable measures to ensure that no person enters or is in an aircraft when under the influence of psychoactive substances to the extent that the safety of the aircraft or its occupants is likely to be endangered. (b) The operator shall develop and implement a policy on the prevention and detection of misuse of psychoactive substances by flight and cabin crew members and by other safety-sensitive personnel under its direct control, in order to ensure that the safety of the aircraft or its occupants is not endangered. (c) Without prejudice to the applicable national legislation on data protection concerning testing of individuals, the operator shall develop and implement an objective, transparent and non-discriminatory procedure for the prevention and detection of cases of misuse of psychoactive substances by its flight and cabin crew and other safety-sensitive personnel. (d) In case of a confirmed positive test result, the operator shall inform its competent authority and the authority responsible for the personnel concerned, such as a medical assessor of the licensing authority.’; (c) point CAT.GEN.MPA.175 is replaced by the following: ‘CAT.GEN.MPA.175 Endangering safety (a) The operator shall take all reasonable measures to ensure that no person recklessly, intentionally or negligently acts or omits to act so as to: (1) endanger an aircraft or person therein; or (2) cause or permit an aircraft to endanger any person or property. (b) The operator shall ensure that flight crew has undergone a psychological assessment before commencing line flying in order to: (1) identify psychological attributes and suitability of the flight crew in respect of the work environment; and (2) reduce the likelihood of negative interference with the safe operation of the aircraft. (c) Considering the size, nature and complexity of the activity of an operator, an operator may replace the psychological assessment referred to in point (b) with an internal assessment of the psychological attributes and suitability of flight crew.’; (d) the following point CAT.GEN.MPA.215 is inserted: ‘CAT.GEN.MPA.215 Support programme (a) The operator shall enable, facilitate and ensure access to a proactive and non-punitive support programme that will assist and support flight crew in recognising, coping with, and overcoming any problem which might negatively affect their ability to safely exercise the privileges of their licence. Such access shall be made available to all flight crew. (b) Without prejudice to applicable national legislation on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the protection of the confidentiality of data shall be a precondition for an effective support programme as it encourages the use of such a programme and ensures its integrity.’; (e) in point CAT.GEN.NMPA.100, point (b)(1) is replaced by the following: ‘(1) when under the influence of psychoactive substances or when unfit due to injury, fatigue, medication, sickness or other similar causes;’; (f) in point CAT.IDE.A.150, the following point (c) is added: ‘(c) Turbine-powered aeroplanes for which the individual certificate of airworthiness (CofA) was first issued after 1 January 2019 and having an MCTOM of 5 700 kg or less and an MOPSC of six to nine shall be equipped with a TAWS that meets the requirements for Class B equipment, as specified in an acceptable standard.’;