Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

1. The objective of this proposal is to amend the Commission proposal for a regulation of the European Parliament and the Council, amending Council Regulation (EEC) n° 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation [1], as modified by the amended proposal presented by the Commission pursuant to Article 250 (2) of the EC Treaty [2]. The new proposal takes into consideration a first opinion of the European Parliament [3], the Flight Time Limitation scheme proposed afterwards by the latter [4] as well as work being carried out in the Council on that proposal and on another Commission proposal on the establishment of safety requirements for cabin crew [5].

[1] COM(2000) 121 final of 24.3.2000.

[2] COM(2002) 30 final of 04.02.2002.

[3] Report n° A5-0393/2000 of 18.01.2001.

[4] Report nº A5-0263/2002 of 10.07.2002.

[5] COM(97) 382 final of 22.7.1997: Proposal for a Council Directive on safety requirements and attestation of professional competence for cabin crew in Civil Aviation.

2. This document suggests therefore a balanced set of modifications which takes into account a number of problems which surfaced during earlier discussions as well as the expert's opinions. The Commission hopes this should facilitate progress towards a consensus between all Institutions for the adoption of this proposal on common safety requirements for the commercial operation of aircraft that has been at a standstill for a long time.

3. The new proposal also includes necessary changes to the Regulation provisions and to its technical Annex derived from the entering into force of Regulation (EC) of the European Parliament and of the Council of 15 July 2002 nº 1592/2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency [6] as well as its implementations rules contained in Commission Regulation (EC) No of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations [7] and Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks [8].

[6] OJ L 240 of 07.09.2002 p. 0001.

[7] OJL 243 of 27.9.2003 p. 7

[8] OJ L 315 of 28.11.2003 p. 1.

Historical Background

4. When elaborating the second liberalisation package in 1989, the Council and the Commission agreed that the Community Air Transport Policy had to address also the harmonisation of the regulatory framework applicable to civil aviation in order both to maintain a high level of safety and to ensure fair competition in the internal market. In that context, the Community adopted Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation with the aim of establishing and keeping up to date harmonised rules for the design, manufacture, operation and maintenance of aircraft, and for personnel and organisations involved in these tasks.

5. To achieve the above objectives in the field of commercial air transportation by aeroplanes, the Commission decided to propose harmonised rules to the Council and the European Parliament based upon the corresponding Joint Aviation Requirement (JAR) [9] which had been elaborated by the Joint Aviation Authorities (JAA) [10].

[9] JAR-OPS 1, adopted by the JAA in 1995 covers the commercial operations, i.e. the carriage of passengers or cargo for remuneration or hire, by aeroplane. Commercial operations by rotorcraft are covered by JAR-OPS 3.

[10] The Joint Aviation Authorities is an association of the National Aviation Authorities of 37 European countries, including the 15 EU Member States, created to harmonise the requirements they use to regulate aviation safety.

6. Two proposals were presented by the Commission.

In 2000, the Commission presented a proposal (see footnote 1) for the addition of the text of JAR-OPS 1, adjusted where necessary to comply with Community law and policies, as a new Annex to Regulation 3922/91 referred to above. In this proposal, however, the content of the section on safety requirements concerning cabin crew was restricted to those requirements that are the exclusive responsibility of the air operators.

In 1997, another proposal had already been presented for a Directive on the safety requirements and attestation of professional competence for cabin crew, dealing with those requirements that are not the exclusive responsibility of the air operators, as well as additional requirements with respect to age, medical condition, approval of the training organisations, and recognition of the attestations of professional competence (see footnote 5).

7. Since their presentation, both proposals have been discussed extensively by the Council and the European Parliament.

Discussion by the European Parliament of the proposal on JAR-OPS 1 has led to the adoption in first reading of an opinion (see footnote 3), inviting the Commission to adopt 13 amendments.

Following the adoption by the Parliament of an opinion on the proposal for safety requirements for cabin crew, the Commission had already presented an amended proposal for this Directive [11].

[11] COM(99) 68 final of 5.3.1999: Amended proposal for a Council Directive on safety requirements and attestation of professional competence for cabin crew in civil aviation.

8. The Council, having examined the proposal for JAR-OPS 1 and the amended proposal for safety requirements for cabin crew jointly, considered more consistent with current practice to change the structure and content of both proposals.

As a consequence the content of the proposed Directive on safety requirements for cabin crew should be limited to training requirements which are operator non-specific, and the operator specific training requirements ought to be covered by the proposed Regulation, as is the case in JAR-OPS 1.

Also the choice of the procedures for Community control of the granting by the Member States of operational short term flexibility (art. 8 paragraphs 3 and 4), was not adequate and use ought to be made of the safeguard procedure, rather than of the regulatory procedure.

Certain changes to the Technical Annex of the proposed Regulation (i.e. the new Annex III to Regulation (EEC) 3922/91) were also agreed upon.

Finally, a committee procedure was considered necessary to enable updating, before entering into force, of new Annex III with amendments to JAR-OPS 1 presently made or envisaged by the JAA.

9. In those circumstances, the Commission presented its amended proposal of 4 February 2002 for a Regulation of the European Parliament and the Council amending Council Regulation (EEC) 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, which modifies the proposal adopted on 24 March 2000 as COM(2000) 121 final (See footnote 2).

Its aim was to take into account the spirit of those amendments by the European Parliament to which the Commission could agree, as well as the changes to structure and content envisaged by the experts of the Council, including the change of balance between the Regulation and the Directive as far as cabin crew training is concerned.

10. The modified proposal for the complementary Directive on safety requirements of cabin crew was to be presented separately.

11. After a new first reading, the European Parliament adopted, on 4 September 2002, one long and extremely detailed amendment on flight duty and rest times to the Commission's amended proposal of 4 February 2002 (See footnote 4).

The amendment concerned the new subpart Q which the Commission had included in the Technical Annex in response to the European Parliament's previously expressed concern about the absence of provisions on flight and duty time limitations and rest requirements. It covered fully the issue of duty, standby and rest times for both cabin crew and flight crew and restricted the maximum daily flight duty period to 13 hours, or to 11 hours 45 minutes when the duty period is between 22.00hrs and 04.59hrs.

12. Subsequent discussions in the Council have focused on JAR-OPS 1 and cabin crew provisions, without taking up the FTL rules.

Regarding the Amended proposal for a Regulation on the transposition of JAR-OPS, the Council agreed to align the proposal with the latest version of JAR-OPS. Several delegations suggested as well transferring certain other provisions regarding essential requirements and training for cabin crews from the Directive to the draft Regulation.

13. In the light of these developments, the Commission has reconsidered its initial proposals and, to facilitate their adoption, has decided to present an amended proposal which introduces the Flight Time Limitation scheme proposed by the European Parliament as Subpart Q of Annex III, adapted when necessary to comply with Community institutional procedures. A revision clause as well as some small changes to cabin crew rules following the Council suggestions were also added.

14. In addition, Regulation (EEC) Nº 3922/91 apply to the design, manufacture, operation and maintenance of aircraft and to persons and organizations involved in these tasks. However, Regulation (EC) of the European Parliament and of the Council of 15 July 2002 nº 1592/2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency [12] has introduced new rules covering the design, manufacture and maintenance of aircraft and repealed Annex II to the latter Regulation as from 28 September 2003.

[12] OJ L 240, 07/09/2002, p. 1.

Moreover, its implementation rules, contained in Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, include provisions on maintenance which are equivalent to those contained in Subpart M of JAR-OPS.

As a consequence, in order to avoid unclear and contradictory legal situations, Regulation (EEC) 3922/91 and its technical Annex should be adapted to take account of these recent Community Regulations.

Discussion of the main modifications of the Regulation itself

New Recital relating to Directive on the organisation of working time of mobile workers in civil aviation

15. The present proposal introduces in Annex III a new Subpart Q dealing with Flight and duty time limitations and rest requirement. This issue is already partially covered by Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation [13].

[13] OJ L 302, 1/12/2000, p. 57-60.

16. A reference to this last instrument, in the form of a new recital, is necessary in order to clarify that the more detailed and technical requirements contained in Subpart Q are consistent with the minimum standards set out by Directive 2000/79/EC .

Definition of "Authority" (Article 2 of Regulation (EEC) 3922/91)

17. JAR-OPS provisions refer certain tasks and responsibilities relating to the implementation of JAR-OPS provisions to "the Authority". However, this Authority does not appear to be defined or identified in the Regulation.

18. For the sake of the clarity and uniformity in the application of Community rules, it is necessary to introduce a new definition in Article 2 of Regulation (EEC) 3922/91. The competent authority of the Member State which granted the air operator's certificate (AOC) to a particular operator, referred to in OPS C 1.175 and responsible in practice of verifying that the operator comply with JAR-OPS provisions, is the most suitable authority for ensuring the implementation of EU OPS provisions.

Amendments derived from the entering into force of Regulation (EC) nº 1592/2002

19. Two Commission Regulations have been adopted covering certification and maintenance of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations. The scope of application described in article 1(1) of Regulation (EEC) Nº 3922/91 shall therefore be limited to the operation and maintenance of aircraft and persons and organizations involved in these tasks.

20. However, Subpart M-Aeroplane Maintenance of Annex III to Regulation (EEC) 3922/91 should only be applicable until the entry into force of provisions applicable to maintenance contained in Commission Regulation (EC) 2042/2003, that is on 28 September 2005 according to Article 7 of the last Regulation.

This limitation also implies the deletion of references to the design and manufacture and of provisions exclusively linked to these tasks (i.e. Article 6(2)) all over the text of Regulation (EEC) Nº 3922/91.

21. Article 57 of Regulation (EC) nº 1592/2002 repeals Annex II to Regulation (EEC) Nº 3922/91 as from 28 September 2003. As a consequence, references made to this Annex shall be deleted from the Regulation provisions.

Community control of Flight Time Limitations variations (New Article 8a)

22. The amended proposal includes a new Article 8a in order to allow additional flexibility for establishing national variations on the Flight Time Limitation provisions. It is also specified that the operator requesting a variation has to demonstrate its level of safety.

Scientific evaluation of the provisions of Annex III, Subpart Q by the European Aviation Safety Agency (New Article 8b)

23. A new Article 8b is also added to introduce a revision clause relating to Annex III, Subpart Q after three years.

Amendments to the new Annex III

General Exemption clause (Subpart B)

24. OPS 1.010 and 1.015 provide for a general clause relating to exemptions from the provisions of OPS Part 1. This issue is already covered by Article 8 of Regulation (EEC) 3922/91, which contains a complete regime applicable to exemptions and derogations to the rules contained in Annex III. As a consequence, OPS 1.010 and 1.015 should be deleted.

Cabin crew requirements (Subpart O)

25. Following discussions in the Council, the new proposal aims at transferring some provisions contained in articles 4, 5 and Annex I to the above mentioned directive into the existing Subpart O of Annex III to Regulation 3922/91. More precisely, these provisions can be found under the titles OPS 1.995, 1.1005 and Appendix 1 to OPS 1.1005.

26. In addition to this straight transfer, some small changes have been introduced to parts OPS 1.988, 1.995, 1.1005, 1.1010 and 1.1025.

Changes to OPS 1.995 aim at giving more clarity to the links between the basic requirements and the various trainings detailed further in the text.

The changes to OPS 1.1005, 1.1010 and 1.1025 contain a reference to the approval by Member State authorities of the training organisations and programmes. This does not imply the issuance of a certificate by the national authorities.

Flight time and rest of crew (Subpart Q)

27. The Commission shares the European Parliament's concern about the absence of detailed provisions on flight, duty and rest times for the crew, and specially its clear relation with air safety and aircraft accidents. The applicable requirements are presently still national, unharmonized and even inadequate. The new Subpart Q aims at establishing minimum standards consistent with the provisions of Directive 2000/79/EC and current good practices.

28. Accordingly, the whole amendment proposed by the European Parliament, containing a complete scheme of rules on Flight Time Limitation, is integrated under the title "Subpart Q - Flight and duty time limitations and rest requirement".

29. A limited number of changes have been introduced in the amendment in order to ensure that the procedure giving to each Member State the opportunity to introduce variations is compliant with Community legislation and in particular with the additional Article 8a of Regulation (EEC) 3922/91, which details the necessary procedure.

30. In addition to the reference to Article 8a, it is also specified that the operator requesting a variation has to demonstrate its level of safety.

31. Furthermore, other minor changes obey to the fact that the minimum standards contained in Subpart Q should take into account the limits already established in Directive 2000/79/EC concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation.

Minor amendments

32. The text of the new Annex III has been updated and a number of typing errors and other amendments of an editorial nature have been corrected.

2000/0069 (COD)

Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission [14],

[14] OJ C 311 E , 31.10.2000, p. 13.

Having regard to the opinion of the European Economic and Social Committee [15],

[15] OJ C 14, 16.1.01, p. 33.

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty [16],

[16] OJ C

Whereas:

(1) Regulation (EEC) No 3922/91 [17] provides for common safety standards listed in Annex II to that Regulation with respect to the design, manufacturing, operation and maintenance of aircraft, as well as persons and organisations involved in those tasks. Those harmonised safety standards apply to all aircraft operated by Community operators whether registered in a Member State or in a third country.

[17] OJ L 373, 31.12.1991, p. 4, as last amended by Commission Regulation (EC) No 2871/2000 (OJ L 333, 29.12.2000, p. 47).

Article 4(1) of that Regulation requires the adoption of common technical requirements and administrative procedures on the basis of Article 80(2) of the Treaty for the fields not listed in Annex II to the Regulation.

(2) Article 9 of Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers [18] provides that the granting and validity at any time of an operating licence is to be dependent upon the possession of a valid Air Operator Certificate specifying the activities covered by the operating licence and complying with the criteria established in the relevant Council Regulation. It is now appropriate to establish such criteria.

[18] OJ L 240, 24.8.1992, p. 1.

(3) The Joint Aviation Authorities (JAA) have adopted a set of harmonised rules for commercial air transportation by aeroplane, called JAR-OPS 1. JAR-OPS1 (Amendment 2 of 1 July 2000) provides for the level of safety required for this type of operation and therefore constitutes a good basis for Community law, covering the operation of aeroplanes. Changes had to be made to this text in order to bring it into conformity with Community legislation and policies, account being taken of its numerous implications in the economic and social field. The revised text differs from JAR-OPS 1 and cannot therefore be introduced into Community law by a simple reference to its title in Annex II to Regulation (EEC) No 3922/91. A new Annex III containing the necessary requirements should therefore be added to that Regulation.

(4) Air operators should be given sufficient flexibility to address unforeseen urgent operational circumstances, or operational needs of a limited duration, or to demonstrate that they can achieve an equivalent level of safety by means other than the application of the common rules in Annex III. Member States should therefore be empowered to grant exemptions or introduce variations to the common technical requirements and administrative procedures. Such exemptions and variations could, in certain cases, undermine the common safety requirements or create distortions in the market, and their scope should therefore be strictly limited and their granting subject to the appropriate Community control. In that respect, the Commission should be empowered to take safeguard measures.

(5) The provisions of Regulation (EEC) No 3922/91 concerning the committee procedure should be adapted to take account of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [19].

[19] OJ L 184, 17.7.1999, p. 23.

(6) The provisions of Regulation (EEC) No 3922/91 relating to the scope of application and references to its Annex II should be adapted to take account of Regulation (EC) nº 1592/2002 of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency [20] as well as its implementation rules established by Commission Regulation (EC) No of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations [21] and Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks [22].

[20] OJ L 240 , 07.09.2002 p. 1.

[21] OJ L 243, 27.9.2003, p. 7.

[22] OJ L 315, 28.11.2003, p. 1.

(7) The present regulation, in particular Subpart Q of Annex III, takes into account the limits and minimum standards already established in Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation [23]. The limits set out in this Directive should always be respected for mobile workers in civil aviation. In no way can the provisions of Subpart Q of Annex III and other provisions approved according to the present Regulation be broader and thereby provide less protection to these workers.

[23] OJ L 302 , 1.12.2000, p. 57-60.

(8) Regulation (EEC) No 3922/91 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3922/91 is amended as follows:

(1) Article 1(1) is replaced by the following:

"1. This Regulation shall apply to the harmonisation of technical requirements and administrative procedures in the field of civil aviation safetyrelated to the operation and maintenance of aircraftand persons and organisations involved in such operations."

(2) The following definition in inserted in Article 2:

"(i) 'The Authority' in Annex III means the competent authority which has granted the air operator's certificate (AOC)."

(3) Article 3 is replaced by the following:

"Article 3

1. Without prejudice to Article 11, the common technical requirements and administrative procedures applicable in the Community with regard to commercial transportation by aeroplane shall be those specified in Annex III.

2. As for provisions of Annex III Subpart M, they shall apply until 28 September 2005. From this date, references made to this Subpart or any of its provisions shall refer to Part-M of Commission Regulation (EC) nº 2042/2003 or its relevant provisions."

(4) Article 4(1) is replaced by the following:

"1. With regard to the fields not covered by Annex III, common technical requirements and administrative procedures shall be adopted on the basis of Article 80(2) of the Treaty. The Commission shall, where appropriate and as soon as possible, submit suitable proposals in these fields."

(5) Article 6 is replaced by the following:

"Article 6

Member States shall, without further technical requirements or evaluation, authorise the aircraft operated in compliance with the common technical requirements and administrative procedures. When the original authorisation is for a particular purpose, or purposes, any subsequent authorisation shall cover the same purpose(s)."

(6) Article 7 is replaced by the following:

"Article 7

Member States shall recognize the certification granted pursuant to this Regulation by another Member State or by a body acting on its behalf, to bodies or persons placed under its jurisdiction and under its authority, who are concerned with the maintenance of products and the operation of aircraft."

(7) Article 8 is replaced by the following:

"Article 8

1. The provisions in Articles 3 to 7 shall not prevent a Member State from reacting immediately to a safety problem which involves a product, person or organisation subject to the provisions of this Regulation.

If the safety problem results from an inadequate level of safety provided by the common technical requirements and administrative procedures, or shortcomings in the common technical requirements and administrative procedures, the Member State shall immediately inform the Commission and the other Member States of the measures taken and the reasons therefore.

2. The Commission shall decide, in accordance with the procedure referred to in Article 12(2), whether an inadequate level of safety or a shortcoming in the common technical requirements and administrative procedures justifies the continuing application of the measures adopted pursuant to paragraph 1 of this Article. In such case, it shall also take the necessary steps to amend the common technical requirements and administrative procedures concerned in accordance with Article 4 or Article 11. If the Member State's measures are found not to be justified, the Member State shall revoke the measures in question.

3. Member States may grant exemptions from the technical requirements and administrative procedures specified by this Regulation in the case of unforeseen urgent operational circumstances or operational needs of a limited duration.

The Commission and the other Member States shall be informed of the exemptions granted as soon as these are of a repetitive nature, or if they have been granted for a period of time greater than two months.

4. When the Commission and the other Member States are informed of exemptions granted by a Member State in accordance with paragraph 3 of this Article, the Commission shall examine whether the exemptions comply with the safety objectives of this Regulation or any other rule of Community law.

If it finds that the exemptions granted do not comply with the safety objectives of this Regulation or any other rule of Community law the Commission shall decide on safeguard measures in accordance with the procedure referred to in Article 12a.

In such a case the Member State shall revoke the exemption.

5. In cases where a safety level equivalent to that attained by the application of the common technical requirements and administrative procedures included in Annex III to this Regulation can be achieved by other means, Member States may, without discrimination on grounds of nationality of the applicants and having regard to the need not to distort competition, grant approval derogating from these provisions.

In such cases the Member State concerned shall notify the Commission of its intention to grant such approval and the conditions foreseen to ensure an equivalent level of safety is achieved.

6. The Commission shall, within a period of 3 months following the notification by a Member State in accordance with the provisions of paragraph 5, initiate the procedure referred to in Article 12(2) in order to decide whether the approval proposed meets the conditions laid down in paragraph 5 and can be granted.

In such a case it shall notify its decision to all Member States which shall then also be entitled to apply that measure. The relevant provisions of Annex III may also be amended to reflect such a measure.

The provisions of Articles 6 and 7 shall apply to the measure in question."

(8) The following Articles 8a and 8b are inserted:

Article 8a

1. In order to allow additional flexibility for establishing a flight and duty time limitations and rest scheme (FTL) for crew members, Member States may adopt provisions relating to Subpart Q in accordance with paragraphs A.5.2.1, D.5.4.1, E.1.3.1, F.1, H.1.4 and H.2.1.

2. The Member State shall immediately inform the Commission of the additional provisions it intends to introduce and the reasons therefore.

3. The Commission shall decide, in accordance with the procedure referred to in Article 12(2), whether the additional provisions comply with the safety objectives of this Regulation or any other rule of Community law, and if the additional provisions may be granted.

In such case, the Member State shall be entitled to apply these additional provisions.

Article 8b

1. Within a period of three years following the entry into force of the present regulation, the European Aviation Safety Agency will proceed to a scientific and medical evaluation of the provisions of Annex III, Subpart Q.

2. Without prejudice to Article 7 of Regulation 1592/2002/EC, the European Aviation Safety Agency shall assist the Commission in the preparation of proposals for the modification of the applicable technical provisions of Annex III, Subpart Q."

(9) Article 11(1) is replaced by the following:

"1. The Commission, following the procedure referred to in Article 12(2), shall make the amendments necessitated by scientific and technical progress to the common technical requirements and administrative procedures listed in Annex III."

(10) In Article 12, paragraphs 2 and 3 are replaced by the following:

"2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Council Decision 1999/468/EC* shall apply, in compliance with Articles 7 and 8 thereof.

3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months."

_____________________

* OJ L 184, 17.7.1999, p. 23."

(11) The following Article 12a is inserted:

"Article 12a

Where reference is made to this Article, the safeguard procedure laid down in Article 6 of Decision 1999/468/EC shall apply.

Before adopting its decision, the Commission shall consult the committee established by Article 12(1).

The period provided for in Article 6(b) of Decision 1999/468/EC shall be three months.

When a Commission decision is referred to the Council by a Member State, the Council, acting by a qualified majority, may take a different decision within a period of three months."

(12) The text in the Annex to this Regulation is added as Annex III.

Article 2

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

Without prejudice to the provisions of Article 11 of Regulation (EEC) No 3922/91 as amended by this Regulation, Annex III shall apply with effect from [six months after entry into force of this Regulation].

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

Done at Brussels,

For the European Parliament For the Council

The President The President

"ANNEX III

Common technical requirements and administrative procedures applicable to commercial transportation by aircraft

OPS 1: Commercial Air Transportation (Aeroplanes)

Contents (General layout)

SUBPART A - Applicability

SUBPART B - General

SUBPART C - Operator Certification and Supervision

SUBPART D - Operational Procedures

SUBPART E - All Weather Operations

SUBPART F - Performance General

SUBPART G - Performance Class A

SUBPART H - Performance Class B

SUBPART I - Performance Class C

SUBPART J - Mass and Balance

SUBPART K - Instruments and Equipment

SUBPART L - Communication and Navigation Equipment

SUBPART M - Aeroplane Maintenance

SUBPART N - Flight Crew

SUBPART O - Cabin Crew

SUBPART P - Manuals, Logs and Records

SUBPART Q - Flight and duty time limitations and rest requirements

SUBPART R - Transport of Dangerous Goods by Air

SUBPART S - Security

SUBPART A

APPLICABILITY

OPS 1.001

Applicability

(See Appendix 1 to OPS 1.001)

OPS Part 1 prescribes requirements applicable to the operation of any civil aeroplane for the purpose of commercial air transportation by any operator whose principal place of business and, if any, registered office is in a Member State, hereafter called operator. OPS 1 does not apply to aeroplanes when used in military, customs and police services.

Appendix 1 to OPS 1.001

Late compliance dates contained in OPS 1

Some of the provisions included in OPS 1 have dates of compliance which are later than the applicability date of OPS 1. The provisions where this is the case, and the associated later dates of compliance, are as follows:

- OPS 1.668 (2) 1.1.2005

SUBPART B

GENERAL

OPS 1.005

General

(a) An operator shall not operate an aeroplane for the purpose of commercial air transportation other than in accordance with OPS Part 1.

(b) An operator shall comply with any airworthiness requirements applicable to aeroplanes operated for the purpose of commercial air transportation.

(c) Each aeroplane shall be operated in compliance with the terms of its Certificate of Airworthiness and within the approved limitations contained in its Aeroplane Flight Manual

OPS 1.020

Laws, Regulations and Procedures - Operator's Responsibilities

0. An operator must ensure that:

(1) All employees are made aware that they shall comply with the laws, regulations and procedures of those States in which operations are conducted and which are pertinent to the performance of their duties; and

(2) All crew members are familiar with the laws, regulations and procedures pertinent to the performance of their duties.

OPS 1.025

Common Language

(a) An operator must ensure that all crew members can communicate in a common language.

(b) An operator must ensure that all operations personnel are able to understand the language in which those parts of the Operations Manual which pertain to their duties and responsibilities are written.

OPS 1.030

Minimum Equipment Lists - Operator's Responsibilities

(a) An operator shall establish, for each aeroplane, a Minimum Equipment List (MEL) approved by the Authority. This shall be based upon, but no less restrictive than, the relevant Master Minimum Equipment List (MMEL) (if this exists) accepted by the Authority.

(b) An operator shall not operate an aeroplane other than in accordance with the MEL unless permitted by the Authority. Any such permission will in no circumstances permit operation outside the constraints of the MMEL.

OPS 1.035

Quality system

(a) An operator shall establish one Quality System and designate one Quality Manager to monitor compliance with, and adequacy of, procedures required to ensure safe operational practices and airworthy aeroplanes. Compliance monitoring must include a feed-back system to the Accountable Manager (See also OPS 1.175 (h)) to ensure corrective action as necessary.

(b) The Quality System must include a Quality Assurance Programme that contains procedures designed to verify that all operations are being conducted in accordance with all applicable requirements, standards and procedures.

(c) The Quality System, and the Quality Manager, must be acceptable to the Authority.

(d) The Quality System must be described in relevant documentation.

(e) Notwithstanding sub-paragraph (a) above, the Authority may accept the nomination of two Quality Managers, one for operations and one for maintenance provided that the operator has designated one Quality Management Unit to ensure that the Quality System is applied uniformly throughout the entire operation.

OPS 1.037

Accident prevention and flight safety programme

1. An operator shall establish an accident prevention and flight safety programme, which may be integrated with the Quality System, including:

(1) A programme to achieve and maintain risk awareness by all persons involved in operations; and

(2) Evaluation of relevant information relating to accidents and incidents and the promulgation of related information.

OPS 1.040

Crew members

(a) An operator shall ensure that all operating flight and cabin crew members have been trained in, and are proficient to perform, their assigned duties.

(b) Where there are crew members, other than cabin crew members, who carry out their duties in the passenger compartment of an aeroplane, an operator shall ensure that these

(1) are not confused by the passengers with the cabin crew members;

(2) do not occupy required cabin crew assigned stations;

(3) do not impede the cabin crew members in their duties.

OPS 1.050

Search and rescue information

An operator shall ensure that essential information pertinent to the intended flight concerning search and rescue services is easily accessible on the flight deck.

OPS 1.055

Information on emergency and survival equipment carried

An operator shall ensure that there are available for immediate communication to rescue coordination centres, lists containing information on the emergency and survival equipment carried on board all of his aeroplanes. The information shall include, as applicable, the number, colour and type of life-rafts and pyrotechnics, details of emergency medical supplies, water supplies and the type and frequencies of emergency portable radio equipment.

OPS 1.060

Ditching

An operator shall not operate an aeroplane with an approved passenger seating configuration of more than 30 passengers on overwater flights at a distance from land suitable for making an emergency landing, greater than 120 minutes at cruising speed, or 400 nautical miles, whichever is the lesser, unless the aeroplane complies with the ditching requirements prescribed in the applicable airworthiness code.

OPS 1.065

Carriage of weapons of war and munitions of war

(a) An operator shall not transport weapons of war and munitions of war by air unless an approval to do so has been granted by all States concerned.

(b) An operator shall ensure that weapons of war and munitions of war are:

(1) Stowed in the aeroplane in a place which is inaccessible to passengers during flight; and

(2) In the case of firearms, unloaded,

unless, before the commencement of the flight, approval has been granted by all States concerned that such weapons of war and munitions of war may be carried in circumstances that differ in part or in total from those indicated in this sub-paragraph.

(c) An operator shall ensure that the commander is notified before a flight begins of the details and location on board the aeroplane of any weapons of war and munitions of war intended to be carried.

OPS 1.070

Carriage of sporting weapons and ammunition

(a) An operator shall take all reasonable measures to ensure that any sporting weapons intended to be carried by air are reported to him.

(b) An operator accepting the carriage of sporting weapons shall ensure that they are:

(1) Stowed in the aeroplane in a place which is inaccessible to passengers during flight unless the Authority has determined that compliance is impracticable and has accepted that other procedures might apply; and

(2) In the case of firearms or other weapons that can contain ammunition, unloaded.

(c) Ammunition for sporting weapons may be carried in passengers' checked baggage, subject to certain limitations, in accordance with the Technical Instructions (see OPS 1.1160 (b)(5)) as defined in OPS 1.1150 (a)(14).

OPS 1.075

Method of carriage of persons

2. An operator shall take all reasonable measures to ensure that no person is in any part of an aeroplane in flight which is not a part designed for the accommodation of persons unless temporary access has been granted by the commander to any part of the aeroplane:

(1) For the purpose of taking action necessary for the safety of the aeroplane or of any person, animal or goods therein; or

(2) In which cargo or stores are carried, being a part which is designed to enable a person to have access thereto while the aeroplane is in flight.

OPS 1.080

Offering dangerous goods for transport by air

An operator shall take all reasonable measures to ensure that no person offers or accepts dangerous goods for transport by air unless the person has been trained and the goods are properly classified, documented, certificated, described, packaged, marked, labelled and in a fit condition for transport as required by the Technical Instructions and relevant Community legislation.

OPS 1.085

Crew responsibilities

(a) A crew member shall be responsible for the proper execution of his duties that:

(1) Are related to the safety of the aeroplane and its occupants; and

(2) Are specified in the instructions and procedures laid down in the Operations Manual.

(b) A crew member shall:

(1) Report to the commander any incident that has endangered, or may have endangered, safety; and

(2) Make use of the operator's incident reporting schemes in accordance with OPS 1.420. In all such cases, a copy of the report(s) shall be communicated to the commander concerned.

(c) A crew member shall not perform duties on an aeroplane:

(1) While under the influence of any drug that the authority considers may affect his faculties in a manner contrary to safety;

(2) Following deep sea diving except when a reasonable time period has elapsed;

(3) Following blood donation except when a reasonable time period has elapsed;

(4) If applicable medical requirements are not fulfilled, or if he is in any doubt of being able to accomplish his assigned duties; or

(5) If he knows or suspects that he is suffering from fatigue, or feels unfit to the extent that the flight may be endangered.

(d) A crew member shall be subject to appropriate requirements on the consumption of alcohol which shall be established by the operator and acceptable by the Authority, and which shall not be less restrictive than the following:

(1) No alcohol shall be consumed less than 8 hours prior to the specified reporting time for flight duty or the commencement of standby;

(2) The blood alcohol level shall not exceed 0.2 promille at the start of a flight duty period;

(3) No alcohol shall be consumed during the flight duty period or whilst on standby.

(e) The commander shall:

(1) Be responsible for the safe operation of the aeroplane and safety of its occupants during flight time;

(2) Have authority to give all commands he deems necessary for the purpose of securing the safety of the aeroplane and of persons or property carried therein;

(3) Have authority to disembark any person, or any part of the cargo, which, in his opinion, may represent a potential hazard to the safety of the aeroplane or its occupants;

(4) Not allow a person to be carried in the aeroplane who appears to be under the influence of alcohol or drugs to the extent that the safety of the aeroplane or its occupants is likely to be endangered;

(5) Have the right to refuse transportation of inadmissible passengers, deportees or persons in custody if their carriage poses any risk to the safety of the aeroplane or its occupants;

(6) Ensure that all passengers are briefed on the location of emergency exits and the location and use of relevant safety and emergency equipment;

(7) Ensure that all operational procedures and check lists are complied with in accordance with the Operations Manual;

(8) Not permit any crew member to perform any activity during take-off, initial climb, final approach and landing except those duties required for the safe operation of the aeroplane;

(9) Not permit:

(i) A flight data recorder to be disabled, switched off or erased during flight nor permit recorded data to be erased after flight in the event of an accident or an incident subject to mandatory reporting;

(ii) A cockpit voice recorder to be disabled or switched off during flight unless he believes that the recorded data, which otherwise would be erased automatically, should be preserved for incident or accident investigation nor permit recorded data to be manually erased during or after flight in the event of an accident or an incident subject to mandatory reporting;

(10) Decide whether or not to accept an aeroplane with unserviceabilities allowed by the CDL or MEL; and

(11) Ensure that the pre-flight inspection has been carried out.

(f) The commander shall, in an emergency situation that requires immediate decision and action, take any action he considers necessary under the circumstances. In such cases he may deviate from rules, operational procedures and methods in the interest of safety.

OPS 1.090

Authority of the commander

An operator shall take all reasonable measures to ensure that all persons carried in the aeroplane obey all lawful commands given by the commander for the purpose of securing the safety of the aeroplane and of persons or property carried therein.

OPS 1.100

Admission to flight deck

(a) An operator must ensure that no person, other than a flight crew member assigned to a flight, is admitted to, or carried in, the flight deck unless that person is:

(1) An operating crew member;

(2) A representative of the Authority responsible for certification, licensing or inspection if this is required for the performance of his official duties; or

(3) Permitted by, and carried in accordance with instructions contained in the Operations Manual.

(b) The commander shall ensure that:

(1) In the interests of safety, admission to the flight deck does not cause distraction and/or interfere with the flight's operation; and

(2) All persons carried on the flight deck are made familiar with the relevant safety procedures.

(c) The final decision regarding the admission to the flight deck shall be the responsibility of the commander.

OPS 1.105

Unauthorised carriage

An operator shall take all reasonable measures to ensure that no person secretes himself or secretes cargo on board an aeroplane.

OPS 1.110

Portable electronic devices

An operator shall not permit any person to use, and take all reasonable measures to ensure that no person does use, on board an aeroplane a portable electronic device that can adversely affect the performance of the aeroplane's systems and equipment.

OPS 1.115

Alcohol and drugs

An operator shall not permit any person to enter or be in, and take all reasonable measures to ensure that no person enters or is in, an aeroplane when under the influence of alcohol or drugs to the extent that the safety of the aeroplane or its occupants is likely to be endangered.

OPS 1.120

Endangering safety

3. An operator shall take all reasonable measures to ensure that no person recklessly or negligently acts or omits to act

(1) so as to endanger an aeroplane or person therein;

(2) so as to cause or permit an aeroplane to endanger any person or property.

OPS 1.125

Documents to be carried

(a) An operator shall ensure that the following documents or copies thereof are carried on each flight:

(1) Certificate of Registration;

(2) Certificate of Airworthiness;

(3) Noise Certificate (if applicable);

(4) Air Operator Certificate;

(5) Aircraft Radio Licence; and

(6) Third party liability Insurance Certificate(s).

(b) Each flight crew member shall, on each flight, carry a valid flight crew licence with appropriate rating(s) for the purpose of the flight.

(c) Each operating cabin crew member shall, on each flight, carry a valid attestation of professional competence showing the dates and content of the training received appropriate to the aeroplane type or variant to be operated.

OPS 1.130

Manuals to be carried

4. An operator shall ensure that:

(1) The current parts of the Operations Manual relevant to the duties of the crew are carried on each flight;

(2) Those parts of the Operations Manual which are required for the conduct of a flight are easily accessible to the crew on board the aeroplane; and

(3) The current Aeroplane Flight Manual is carried in the aeroplane unless the Authority has accepted that the Operations Manual prescribed in OPS 1.1045, Appendix 1, Part B contains relevant information for that aeroplane.

OPS 1.135

Additional information and forms to be carried

(a) An operator shall ensure that, in addition to the documents and manuals prescribed in OPS 1.125 and OPS 1.130, the following information and forms, relevant to the type and area of operation, are carried on each flight:

(1) Operational Flight Plan containing at least the information required in OPS 1.1060;

(2) Aeroplane Technical Log containing at least the information required in OPS 1.915 (a);

(3) Details of the filed ATS flight plan;

(4) Appropriate NOTAM/AIS briefing documentation;

(5) Appropriate meteorological information;

(6) Mass and balance documentation as specified in Subpart J;

(7) Notification of special categories of passenger such as security personnel, if not considered as crew, handicapped persons, inadmissible passengers, deportees and persons in custody;

(8) Notification of special loads including dangerous goods including written information to the commander as prescribed in OPS 1.1215 (d);

(9) Current maps and charts and associated documents as prescribed in OPS 1.290 (b)(7);

(10) Any other documentation which may be required by the States concerned with this flight, such as cargo manifest, passenger manifest etc; and

(11) Forms to comply with the reporting requirements of the Authority and the operator.

(b) The Authority may permit the information detailed in sub-paragraph (a) above, or parts thereof, to be presented in a form other than on printed paper. An acceptable standard of accessibility, usability and reliability must be assured.

OPS 1.140

Information retained on the ground

(a) An operator shall ensure that:

5. At least for the duration of each flight or series of flights;

(i) Information relevant to the flight and appropriate for the type of operation is preserved on the ground; and

(ii) The information is retained until it has been duplicated at the place at which it will be stored in accordance with OPS 1.1065; or, if this is impracticable,

(iii) The same information is carried in a fireproof container in the aeroplane.

(b) The information referred to in subparagraph (a) above includes:

(1) A copy of the operational flight plan where appropriate;

(2) Copies of the relevant part(s) of the aeroplane technical log;

(3) Route specific NOTAM documentation if specifically edited by the operator;

(4) Mass and balance documentation if required (OPS 1.625 refers); and

(5) Special loads notification.

OPS 1.145

Power to inspect

6. An operator shall ensure that any person authorised by the Authority is permitted at any time to board and fly in any aeroplane operated in accordance with an AOC issued by that Authority and to enter and remain on the flight deck provided that the commander may refuse access to the flight deck if, in his opinion, the safety of the aeroplane would thereby be endangered.

OPS 1.150

Production of documentation and records

(a) An operator shall:

(1) Give any person authorised by the Authority access to any documents and records which are related to flight operations or maintenance; and

(2) Produce all such documents and records, when requested to do so by the Authority, within a reasonable period of time.

(b) The commander shall, within a reasonable time of being requested to do so by a person authorised by an Authority, produce to that person the documentation required to be carried on board.

OPS 1.155

Preservation of documentation

7. An operator shall ensure that:

(1) Any original documentation, or copies thereof, that he is required to preserve is preserved for the required retention period even if he ceases to be the operator of the aeroplane; and

(2) Where a crew member, in respect of whom an operator has kept flight duty, duty and rest period records, becomes a crew member for another operator, that record is made available to the new operator.

OPS 1.160

Preservation, production and use of flight recorder recordings

(a) Preservation of recordings

(1) Following an accident, the operator of an aeroplane on which a flight recorder is carried shall, to the extent possible, preserve the original recorded data pertaining to that accident, as retained by the recorder for a period of 60 days unless otherwise directed by the investigating authority.

(2) Unless prior permission has been granted by the Authority, following an incident that is subject to mandatory reporting, the operator of an aeroplane on which a flight recorder is carried shall, to the extent possible, preserve the original recorded data pertaining to that incident, as retained by the recorder for a period of 60 days unless otherwise directed by the investigating authority.

(3) Additionally, when the Authority so directs, the operator of an aeroplane on which a flight recorder is carried shall preserve the original recorded data for a period of 60 days unless otherwise directed by the investigating authority.

(4) When a flight data recorder is required to be carried aboard an aeroplane, the operator of that aeroplane shall:

(i) Save the recordings for the period of operating time as required by OPS 1.715, 1.720 and 1.725 except that, for the purpose of testing and maintaining flight data recorders, up to one hour of the oldest recorded material at the time of testing may be erased; and

(ii) Keep a document which presents the information necessary to retrieve and convert the stored data into engineering units.

(b) Production of recordings

8. The operator of an aeroplane on which a flight recorder is carried shall, within a reasonable time after being requested to do so by the Authority, produce any recording made by a flight recorder which is available or has been preserved.

(c) Use of recordings

9. The operator of an aeroplane on which a flight recorder is carried may not:

(1) Use the cockpit voice recorder recordings for purposes other than for the investigation of an accident or incident subject to mandatory reporting except with the consent of all crew members concerned; and

(2) Use the flight data recorder recordings for purposes other than for the investigation of an accident or incident subject to mandatory reporting except when such records are:

(i) Used by the operator for airworthiness or maintenance purposes only; or

(ii) De-identified; or

(iii) Disclosed under secure procedures.

OPS 1.165

Leasing

(a) Terminology

10. Terms used in this paragraph have the following meaning:

(1) Dry lease - Is when the aeroplane is operated under the AOC of the lessee.

(2) Wet lease - Is when the aeroplane is operated under the AOC of the lessor.

(b) Leasing of aeroplanes between operators

(1) Wet lease-out. An operator providing an aeroplane and complete crew to another operator, and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane.

(2) All leases except wet lease-out

(i) Except as provided by subparagraph (b)(1) above, an operator utilising an aeroplane from, or providing it to, another operator, must obtain prior approval for the operation from his respective Authority. Any conditions which are part of this approval must be included in the lease agreement.

(ii) Those elements of lease agreements which are approved by the Authority, other than lease agreements in which an aeroplane and complete crew are involved and no transfer of functions and responsibilities is intended, are all to be regarded, with respect to the leased aeroplane, as variations of the AOC under which the flights will be operated.

(c) Leasing of aeroplanes between an operator and any entity other than another operator

(1) Dry lease-in

(i) An operator shall not dry lease-in an aeroplane from an entity other than another operator, unless approved by the Authority. Any conditions which are part of this approval must be included in the lease agreement.

(ii) An operator shall ensure that, with regard to aeroplanes that are dry leased-in, any differences from the requirements prescribed in Subparts K, L, and/or from any applicable airworthiness requirements, are notified to and are acceptable to the Authority.

(2) Wet lease-in

(i) An operator shall not wet lease-in an aeroplane from an entity other than another operator without the approval of the Authority.

(ii) An operator shall ensure that, with regard to aeroplanes that are wet leased-in:

(A) The safety standards of the lessor with respect to maintenance and operation are equivalent to the present Regulation;

(B) The lessor is an operator holding an AOC issued by a State which is a signatory to the Chicago Convention:

(C) The aeroplane has a standard Certificate of Airworthiness issued in accordance with ICAO Annex 8; and

(D) Any requirement made applicable by the lessee's Authority is complied with.

(3) Dry lease-out

11. An operator may dry lease-out an aeroplane for the purpose of commercial air transportation to any operator of a State which is signatory to the Chicago Convention provided that the following conditions are met:

(A) The Authority has exempted the operator from the relevant provisions of OPS Part 1 and, after the foreign regulatory authority has accepted responsibility in writing for surveillance of the maintenance and operation of the aeroplane(s), has removed the aeroplane from its AOC; and

(B) The aeroplane is maintained according to an approved maintenance programme.

(4) Wet lease-out

An operator providing an aeroplane and complete crew to another entity and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane.

SUBPART C

OPERATOR CERTIFICATION

AND SUPERVISION

OPS 1.175

General rules for Air Operator Certification

Note 1: Appendix 1 to this paragraph specifies the contents and conditions of the AOC.

Note 2: Appendix 2 to this paragraph specifies the management and organisation requirements.

(a) An operator shall not operate an aeroplane for the purpose of commercial air transportation otherwise than under, and in accordance with, the terms and conditions of an Air Operator Certificate (AOC).

(b) An applicant for an AOC, or variation of an AOC, shall allow the Authority to examine all safety aspects of the proposed operation.

(c) An applicant for an AOC must:

(1) Not hold an AOC issued by another Authority unless specifically approved by the Authorities concerned;

(2) Have his principal place of business and, if any, his registered office located in the State responsible for issuing the AOC;

(3) Satisfy the Authority that he is able to conduct safe operations.

(d) If an operator has aeroplanes registered in different Member States, appropriate arrangements shall be made to ensure appropriate safety oversight .

(e) An operator shall grant the Authority access to his organisation and aeroplanes and shall ensure that, with respect to maintenance, access is granted to any associated Part-145 maintenance organisation, to determine continued compliance with OPS 1.

(f) An AOC will be varied, suspended or revoked if the Authority is no longer satisfied that the operator can maintain safe operations.

(g) The operator must have a management organisation capable of exercising operational control and supervision over any flight operated under the terms of its AOC.

(h) The operator must have nominated an accountable manager acceptable to the Authority who has corporate authority for ensuring that all operations and maintenance activities can be financed and carried out to the standard required by the Authority.

(i) The operator must have nominated post holders, acceptable to the Authority, who are responsible for,

(1) Flight operations;

(2) The maintenance system;

(3) Crew training; and

(4) Ground operations.

(j) The operator must ensure that every flight is conducted in accordance with the provisions of the Operations Manual.

(k) The operator must arrange appropriate ground handling facilities to ensure the safe handling of its flights.

(l) The operator must ensure that its aeroplanes are equipped and its crews are qualified, as required for the area and type of operation.

(m) The operator must comply with the maintenance requirements, in accordance with Subpart M, for all aeroplanes operated under the terms of its AOC.

(n) The operator must provide the Authority with a copy of the Operations Manual, as specified in Subpart P and all amendments or revisions to it.

(o) The operator must maintain operational support facilities at the main operating base, appropriate for the area and type of operation.

OPS 1.180

Issue, variation and continued validity of an AOC

(a) An operator will not be granted an AOC, or a variation to an AOC, and that AOC will not remain valid unless:

(1) Aeroplanes operated have been certified in accordance with the applicable requirements.

(2) The maintenance system has been approved by the Authority in accordance with Subpart M; and

(3) He has satisfied the Authority that he has the ability to:

(i) Establish and maintain an adequate organisation;

(ii) Establish and maintain a quality system in accordance with OPS 1.035;

(iii) Comply with required training programmes;

(iv) Comply with maintenance requirements, consistent with the nature and extent of the operations specified, including the relevant items prescribed in OPS 1.175 (g) to (o); and

(v) Comply with OPS 1.175.

(b) Notwithstanding the provisions of OPS 1.185 (f), the operator must notify the Authority as soon as practicable of any changes to the information submitted in accordance with OPS 1.185(a) below.

(c) If the Authority is not satisfied that the requirements of subparagraph (a) above have been met, the Authority may require the conduct of one or more demonstration flights, operated as if they were commercial air transport flights.

OPS 1.185

Administrative requirements

(a) An operator shall ensure that the following information is included in the initial application for an AOC and, when applicable, any variation or renewal applied for:

(1) The official name and business name, address and mailing address of the applicant;

(2) A description of the proposed operation;

(3) A description of the management organisation;

(4) The name of the accountable manager;

(5) The names of major post holders, including those responsible for flight operations, the maintenance system, crew training and ground operations together with their qualifications and experience; and

(6) The Operations Manual.

(b) In respect of the operator's maintenance system only, the following information must be included in the initial application for an AOC and, when applicable, any variation or renewal applied for, and for each aeroplane type to be operated:

(1) The operator's maintenance management exposition;

(2) The operator's aeroplane maintenance programme(s);

(3) The aeroplane technical log;

(4) Where appropriate, the technical specification(s) of the maintenance contract(s) between the operator and any Part-145 approved maintenance organisation;

(5) The number of aeroplanes.

(c) The application for an initial issue of an AOC must be submitted at least 90 days before the date of intended operation except that the Operations Manual may be submitted later but not less than 60 days before the date of intended operation.

(d) The application for the variation of an AOC must be submitted at least 30 days, or as otherwise agreed, before the date of intended operation.

(e) The application for the renewal of an AOC must be submitted at least 30 days, or as otherwise agreed, before the end of the existing period of validity.

(f) Other than in exceptional circumstances, the Authority must be given at least 10 days prior notice of a proposed change of a nominated post holder.

Appendix 1 to OPS 1.175

Contents and conditions of the Air Operator Certificate

An AOC specifies the:

(a) Name and location ( principal place of business) of the operator;

(b) Date of issue and period of validity;

(c) Description of the type of operations authorised;

(d) Type(s) of aeroplane(s) authorised for use;

(e) Registration markings of the authorised aeroplane(s) except that operators may obtain approval for a system to inform the Authority about the registration markings for aeroplanes operated under its AOC;

(f) Authorised areas of operation;

(g) Special limitations; and

(h) Special authorisations/approvals e.g.:

- CAT II/CAT III (including approved minima)

- (MNPS) Minimum Navigation Performance Specifications

- (ETOPS) Extended Range Operation Twin Engined Aeroplanes

- (RNAV) Area Navigation

- (RVSM) Reduced Vertical Separation Minima

- Transportation of Dangerous Goods.

Appendix 2 to OPS 1.175

The management and organisation of an AOC holder

(a) General

(1) An operator must have a sound and effective management structure in order to ensure the safe conduct of air operations. Nominated post holders must have proven competency in civil aviation.

(2) In the context of this Appendix, 'competency' means that an individual has a technical qualification and managerial experience acceptable to the Authority, as appropriate.

(b) Nominated post holders

(1) A description of the functions and the responsibilities of the nominated post holders, including their names, must be contained in the Operations Manual and the Authority must be given notice in writing of any intended or actual change in appointments or functions.

(2) The operator must make arrangements to ensure continuity of supervision in the absence of nominated post holders.

(3) The operator must satisfy the Authority that the management organisation is suitable and properly matched to the operating network and scale of operation.

(4) A person nominated as a post holder by the holder of an AOC must not be nominated as a post holder by the holder of any other AOC, unless acceptable to the Authority. Nominated post holders must be contracted to work sufficient hours such that the individual can fulfil the management functions associated with the size and scope of the operator's business.

(5) More than one of the nominated posts may be filled by one person if acceptable to the Authority.

Note: The requirements relating to the appointment of the nominated post holder responsible for the maintenance system in accordance with OPS 1.175 (i)(2) are prescribed in OPS 1.895.

(c) Adequacy and supervision of staff

(1) Crew members. The operator must employ sufficient flight and cabin crew for the planned operation, trained and checked in accordance with Subpart N and Subpart O as appropriate.

(2) Ground Staff

(i) The number of ground staff is dependent upon the nature and the scale of operations. Operations and ground handling departments, in particular, must be staffed by trained personnel who have a thorough understanding of their responsibilities within the organisation.

(ii) An operator contracting other organisations to provide certain services, retains responsibility for the maintenance of proper standards. In such circumstances, a nominated post holder must be given the task of ensuring that any contractor employed meets the required standards.

(3) Supervision

(i) The number of supervisors to be appointed is dependent upon the structure of the operator and the number of staff employed. The duties and responsibilities of these supervisors must be defined, and any flying commitments arranged so that they can discharge their supervisory responsibilities.

(ii) The supervision of all crew members must be exercised by individuals possessing experience and personal qualities sufficient to ensure the attainment of the standards specified in the operations manual.

(d) Accommodation facilities

(1) An operator must ensure that working space available at each operating base is sufficient for personnel pertaining to the safety of flight operations. Consideration must be given to the needs of ground staff, those concerned with operational control, the storage and display of essential records, and flight planning by crews.

(2) Office services must be capable, without delay, of distributing operational instructions and other information to all concerned.

(e) Documentation

The operator must make arrangements for the production of manuals, amendments and other documentation.

SUBPART D

OPERATIONAL PROCEDURES

OPS 1.195

Operational Control and Supervision

12. An operator shall exercise operational control and establish and maintain a method of supervision of flight operations approved by the Authority.

OPS 1.200

Operations manual

13. An operator shall provide an Operations Manual in accordance with Subpart P for the use and guidance of operations personnel.

OPS 1.205

Competence of operations personnel

14. An operator shall ensure that all personnel assigned to, or directly involved in, ground and flight operations are properly instructed, have demonstrated their abilities in their particular duties and are aware of their responsibilities and the relationship of such duties to the operation as a whole.

OPS 1.210

Establishment of procedures

(a) An operator shall establish procedures and instructions, for each aeroplane type, containing ground staff and crew members' duties for all types of operation on the ground and in flight.

(b) An operator shall establish a check-list system to be used by crew members for all phases of operation of the aeroplane under normal, abnormal and emergency conditions as applicable, to ensure that the operating procedures in the Operations Manual are followed.

(c) An operator shall not require a crew member to perform any activities during critical phases of the flight other than those required for the safe operation of the aeroplane.

OPS 1.215

Use of Air Traffic Services

15. An operator shall ensure that Air Traffic Services are used for all flights whenever available.

OPS 1.220

Authorisation of Aerodromes by the Operator

16. An operator shall only authorise use of aerodromes that are adequate for the type(s) of aeroplane and operation(s) concerned.

OPS 1.225

Aerodrome Operating Minima

(a) An operator shall specify aerodrome operating minima, established in accordance with OPS 1.430 for each departure, destination or alternate aerodrome authorised to be used in accordance with OPS 1.220.

(b) Any increment imposed by the Authority must be added to the minima specified in accordance with sub-paragraph (a) above.

(c) The minima for a specific type of approach and landing procedure are considered applicable if:

(1) The ground equipment shown on the respective chart required for the intended procedure is operative;

(2) The aeroplane systems required for the type of approach are operative;

(3) The required aeroplane performance criteria are met; and

(4) The crew is qualified accordingly.

OPS 1.230

Instrument departure and approach procedures

(a) An operator shall ensure that instrument departure and approach procedures established by the State in which the aerodrome is located are used.

(b) Notwithstanding sub-paragraph (a) above, a commander may accept an ATC clearance to deviate from a published departure or arrival route, provided obstacle clearance criteria are observed and full account is taken of the operating conditions. The final approach must be flown visually or in accordance with the established instrument approach procedure.

(c) Different procedures to those required to be used in accordance with sub-paragraph (a) above may only be implemented by an operator provided they have been approved by the State in which the aerodrome is located, if required, and accepted by the Authority.

OPS 1.235

Noise abatement procedures

(a) An operator shall establish operating procedures for noise abatement during instrument flight operations in compliance with ICAO PANS OPS Volume 1 (Doc 8168-OPS/611) and Community applicable legislation.

(b) Take-off climb procedures for noise abatement specified by an operator for any one aeroplane type should be the same for all aerodromes.

OPS 1.240

Routes and areas of operation

(a) An operator shall ensure that operations are only conducted along such routes or within such areas, for which:

(1) Ground facilities and services, including meteorological services, are provided which are adequate for the planned operation;

(2) The performance of the aeroplane intended to be used is adequate to comply with minimum flight altitude requirements;

(3) The equipment of the aeroplane intended to be used meets the minimum requirements for the planned operation;

(4) Appropriate maps and charts are available (OPS 1.135 (a)(9) refers);

(5) If two-engined aeroplanes are used, adequate aerodromes are available within the time/distance limitations of OPS 1.245.

(6) If single-engine aeroplanes are used, surfaces are available which permit a safe forced landing to be executed.

(b) An operator shall ensure that operations are conducted in accordance with any restriction on the routes or the areas of operation, imposed by the Authority.

OPS 1.241

Operation in defined airspace with Reduced Vertical Separation Minima (RVSM)

17. An operator shall not operate an aeroplane in defined portions of airspace where, based on Regional Air Navigation Agreement, a vertical separation minimum of 300 m (1000 ft) is applied unless approved to do so by the Authority (RVSM Approval). (See also OPS 1.872).

OPS 1.243

Operation in areas with specific navigation performance requirements

18. An operator shall not operate an aeroplane in defined areas, or a defined portion of specified airspace, based on Regional Air Navigation Agreements where minimum navigation performance specifications are prescribed unless approved to do so by the Authority (MNPS/RNP/RNAV Approval). See also OPS 1.865 (c)(2) and OPS 1.870).

OPS 1.245

Maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS Approval

(a) Unless specifically approved by the Authority in accordance with OPS 1.246 (a) (ETOPS Approval), an operator shall not operate a two-engined aeroplane over a route which contains a point further from an adequate aerodrome than, in the case of:

(1) Performance Class A aeroplanes with either:

(i) A maximum approved passenger seating configuration of 20 or more; or

(ii) A maximum take-off mass of 45,360 kg or more,

the distance flown in 60 minutes at the one-engine-inoperative cruise speed determined in accordance with subparagraph (b) below;

(2) Performance Class B or C aeroplanes:

(i) The distance flown in 120 minutes at the one-engine-inoperative cruise speed determined in accordance with subparagraph (b) below; or

(ii) 300 nautical miles,

whichever is less.

(b) An operator shall determine a speed for the calculation of the maximum distance to an adequate aerodrome for each two-engined aeroplane type or variant operated, not exceeding VMO, based upon the true airspeed that the aeroplane can maintain with one-engine-inoperative under the following conditions:

(1) International Standard Atmosphere (ISA);

(2) Level flight

(i) For turbojet aeroplanes at:

(A) FL 170; or

(B) At the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the AFM,

whichever is less.

(ii) For propeller driven aeroplanes at:

(A) FL 80; or

(B) At the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the AFM,

whichever is less.

(3) Maximum continuous thrust or power on the remaining operating engine;

(4) An aeroplane mass not less than that resulting from:

(i) Take-off at sea-level at maximum take-off mass; and

(ii) All engines climb to the optimum long range cruise altitude; and

(iii) All engines cruise at the long range cruise speed at this altitude,

until the time elapsed since take-off is equal to the applicable threshold prescribed in subparagraph (a) above.

(c) An operator must ensure that the following data, specific to each type or variant, is included in the Operations Manual:

(1) The one-engine-inoperative cruise speed determined in accordance with subparagraph (b) above; and

(2) The maximum distance from an adequate aerodrome determined in accordance with subparagraphs (a) and (b) above.

Note: The speed and altitudes (flight levels) specified above are only intended to be used for establishing the maximum distance from an adequate aerodrome.

OPS 1.246

Extended range operations with two-engined aeroplanes (ETOPS)

(a) An operator shall not conduct operations beyond the threshold distance determined in accordance with OPS 1.245 unless approved to do so by the Authority (ETOPS approval).

(b) Prior to conducting an ETOPS flight, an operator shall ensure that a suitable ETOPS en-route alternate is available, within either the approved diversion time, or a diversion time based on the MEL generated serviceability status of the aeroplane, whichever is shorter. (See also OPS 1.297 (d)).

OPS 1 .250

Establishment of minimum flight altitudes

(a) An operator shall establish minimum flight altitudes and the methods to determine those altitudes for all route segments to be flown which provide the required terrain clearance taking into account the requirements of Subparts F to I.

(b) Every method for establishing minimum flight altitudes must be approved by the Authority.

(c) Where minimum flight altitudes established by States overflown are higher than those established by the operator, the higher values shall apply.

(d) An operator shall take into account the following factors when establishing minimum flight altitudes:

(1) The accuracy with which the position of the aeroplane can be determined;

(2) The probable inaccuracies in the indications of the altimeters used;

(3) The characteristics of the terrain (e.g. sudden changes in the elevation) along the routes or in the areas where operations are to be conducted.

(4) The probability of encountering unfavourable meteorological conditions (e.g. severe turbulence and descending air currents); and

(5) Possible inaccuracies in aeronautical charts.

(e) In fulfilling the requirements prescribed in sub-paragraph (d) above due consideration shall be given to:

(1) Corrections for temperature and pressure variations from standard values;

(2) The ATC requirements; and

(3) Any foreseeable contingencies along the planned route.

OPS 1.255

Fuel policy

(a) An operator must establish a fuel policy for the purpose of flight planning and in-flight replanning to ensure that every flight carries sufficient fuel for the planned operation and reserves to cover deviations from the planned operation.

(b) An operator shall ensure that the planning of flights is only based upon:

(1) Procedures and data contained in or derived from the Operations Manual or current aeroplane specific data; and

(2) The operating conditions under which the flight is to be conducted including:

(i) Realistic aeroplane fuel consumption data;

(ii) Anticipated masses;

(iii) Expected meteorological conditions; and

(iv) Air Traffic Services procedures and restrictions.

(c) An operator shall ensure that the pre-flight calculation of usable fuel required for a flight includes:

(1) Taxy fuel;

(2) Trip fuel;

(3) Reserve fuel consisting of:

(i) Contingency fuel;

(ii) Alternate fuel, if a destination alternate is required. (This does not preclude selection of the departure aerodrome as the destination alternate);

(iii) Final reserve fuel; and

(iv) Additional fuel, if required by the type of operation (e.g. ETOPS); and

(4) Extra fuel if required by the commander.

(d) An operator shall ensure that in-flight replanning procedures for calculating usable fuel required when a flight has to proceed along a route or to a destination other than originally planned includes:

(1) Trip fuel for the remainder of the flight;

(2) Reserve fuel consisting of:

(i) Contingency fuel;

(ii) Alternate fuel, if a destination alternate is required (This does not preclude selection of the departure aerodrome as the destination alternate);

(iii) Final reserve fuel; and

(iv) Additional fuel, if required by the type of operation (e.g. ETOPS); and

(3) Extra fuel if required by the commander.

OPS 1.260

Carriage of Persons with Reduced Mobility

(a) An operator shall establish procedures for the carriage of Persons with Reduced Mobility (PRMs).

(b) An operator shall ensure that PRMs are not allocated, nor occupy, seats where their presence could:

(1) Impede the crew in their duties;

(2) Obstruct access to emergency equipment; or

(3) Impede the emergency evacuation of the aeroplane.

(c) The commander must be notified when PRMs are to be carried on board.

OPS 1.265

Carriage of inadmissible passengers, deportees or persons in custody

19. An operator shall establish procedures for the transportation of inadmissible passengers, deportees or persons in custody to ensure the safety of the aeroplane and its occupants. The commander must be notified when the above-mentioned persons are to be carried on board.

OPS 1.270

Stowage of baggage and cargo

(See Appendix 1 to OPS 1.270)

(a) An operator shall establish procedures to ensure that only such hand baggage is carried into an aeroplane and taken into the passenger cabin as can be adequately and securely stowed.

(b) An operator shall establish procedures to ensure that all baggage and cargo on board, which might cause injury or damage, or obstruct aisles and exits if displaced, is placed in stowages designed to prevent movement.

OPS 1.280

Passenger Seating

20. An operator shall establish procedures to ensure that passengers are seated where, in the event that an emergency evacuation is required, they may best assist and not hinder evacuation from the aeroplane.

OPS 1.285

Passenger briefing

21. An operator shall ensure that:

(a) General

(1) Passengers are verbally briefed about safety matters, parts or all of which may be given by an audio-visual presentation.

(2) Passengers are provided with a safety briefing card on which picture type instructions indicate the operation of emergency equipment and exits likely to be used by passengers.

(b) Before take-off

(1) Passengers are briefed on the following items if applicable:

(i) Smoking regulations;

(ii) Back of the seat to be in the upright position and tray table stowed;

(iii) Location of emergency exits;

(iv) Location and use of floor proximity escape path markings;

(v) Stowage of hand baggage;

(vi) Restrictions on the use of portable electronic devices; and

(vii) The location and the contents of the safety briefing card,

and,

(2) Passengers receive a demonstration of the following:

(i) The use of safety belts and/or safety harnesses, including how to fasten and unfasten the safety belts and/or safety harnesses;

(ii) The location and use of oxygen equipment if required (OPS 1.770 and OPS 1.775 refer). Passengers must also be briefed to extinguish all smoking materials when oxygen is being used; and

(iii) The location and use of life jackets if required (OPS 1.825 refers).

(c) After take-off

(1) Passengers are reminded of the following if applicable:

(i) Smoking regulations; and

(ii) Use of safety belts and/or safety harnesses.

(d) Before landing

(1) Passengers are reminded of the following if applicable:

(i) Smoking regulations;

(ii) Use of safety belts and/or safety harnesses;

(iii) Back of the seat to be in the upright position and tray table stowed;

(iv) Re-stowage of hand baggage; and

(v) Restrictions on the use of portable electronic devices.

(e) After landing

(1) Passengers are reminded of the following:

(i) Smoking regulations; and

(ii) Use of safety belts and/or safety harnesses.

(f) In an emergency during flight, passengers are instructed in such emergency action as may be appropriate to the circumstances.

OPS 1.290

Flight preparation

(a) An operator shall ensure that an operational flight plan is completed for each intended flight.

(b) The commander shall not commence a flight unless he is satisfied that:

(1) The aeroplane is airworthy;

(2) The aeroplane configuration is in accordance with the Configuration Deviation List (CDL);

(3) The instruments and equipment required for the flight to be conducted, in accordance with Subparts K and L, are available;

(4) The instruments and equipment are in operable condition except as provided in the MEL;

(5) Those parts of the operations manual which are required for the conduct of the flight are available;

(6) The documents, additional information and forms required to be available by OPS 1.125 and OPS 1.135 are on board;

(7) Current maps, charts and associated documents or equivalent data are available to cover the intended operation of the aeroplane including any diversion which may reasonably be expected;

(8) Ground facilities and services required for the planned flight are available and adequate;

(9) The provisions specified in the operations manual in respect of fuel, oil and oxygen requirements, minimum safe altitudes, aerodrome operating minima and availability of alternate aerodromes, where required, can be complied with for the planned flight;

(10) The load is properly distributed and safely secured;

(11) The mass of the aeroplane, at the commencement of take-off roll, will be such that the flight can be conducted in compliance with Subparts F to I as applicable; and

(12) Any operational limitation in addition to those covered by sub-paragraphs (9) and (11) above can be complied with.

OPS 1.295

Selection of aerodromes

(a) An operator shall establish procedures for the selection of destination and/or alternate aerodromes in accordance with OPS 1.220 when planning a flight.

(b) An operator must select and specify in the operational flight plan a take-off alternate if it would not be possible to return to the aerodrome of departure for meteorological or performance reasons. The take-off alternate shall be located within:

(1) For two-engined aeroplanes, either:

(i) One hour flight time at a one-engine-inoperative cruising speed according to the AFM in still air standard conditions based on the actual take-off mass; or

(ii) Two hours or the approved ETOPS diversion time, whichever is less, at the one-engine-inoperative cruising speed according to the AFM in still air standard conditions for aeroplanes and crews authorised for ETOPS; or

(2) Two hours flight time at a one-engine-inoperative cruising speed according to the AFM in still air standard conditions based on the actual take-off mass for three and four-engined aeroplanes; and

(3) If the AFM does not contain a one-engine-inoperative cruising speed, the speed to be used for calculation must be that which is achieved with the remaining engine(s) set at maximum continuous power.

(c) An operator must select at least one destination alternate for each IFR flight unless:

(1) Both:

(i) The duration of the planned flight from take-off to landing does not exceed 6 hours; and

(ii) Two separate runways are available at the destination and the meteorological conditions prevailing are such that, for the period from one hour before until one hour after the expected time of arrival at destination, the approach from the relevant minimum sector altitude and the landing can be made in VMC

or

(2) The destination is isolated and no adequate destination alternate exists.

(d) An operator must select two destination alternates when the appropriate weather reports or forecasts for the destination, or any combination thereof, indicate that:

(1) During a period commencing 1 hour before and ending 1 hour after the estimated time of arrival the weather conditions will be below the applicable planning minima; or

(2) When no meteorological information is available.

(e) An operator shall specify any required alternate(s) in the operational flight plan.

OPS 1.297

Planning minima for IFR flights

(a) Planning minima for take-off alternates. An operator shall not select an aerodrome as a take-off alternate aerodrome unless the appropriate weather reports or forecasts or any combination thereof indicate that, during a period commencing 1 hour before and ending 1 hour after the estimated time of arrival at the aerodrome, the weather conditions will be at or above the applicable landing minima specified in accordance with OPS 1.225. The ceiling must be taken into account when the only approaches available are non-precision and/or circling approaches. Any limitation related to one engine inoperative operations must be taken into account.

(b) Planning minima for destination and destination alternate aerodromes. An operator shall only select the destination aerodrome and/or destination alternate aerodrome(s) when the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing 1 hour before and ending 1 hour after the estimated time of arrival at the aerodrome, the weather conditions will be at or above the applicable planning minima as follows:

(1) Planning minima for a destination aerodrome:

(i) RVR/visibility specified in accordance with OPS 1.225; and

(ii) For a non-precision approach or a circling approach, the ceiling at or above MDH; and

(2) Planning minima for destination alternate aerodrome(s):

Table 1

Planning minima - En-route and destination alternates

Type of approach // Planning Minima

Cat II and III // Cat I (Note 1)

Cat I // Non-precision

(Notes 1 & 2)

Non-precision // Non-precision

(Notes 1 & 2) plus

200 ft/1000 m

Circling // Circling

Note 1 RVR.

Note 2 The ceiling must be at or above the MDH.

(c) Planning minima for an en-route alternate aerodrome. An operator shall not select an aerodrome as an en-route alternate aerodrome unless the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing 1 hour before and ending 1 hour after the expected time of arrival at the aerodrome, the weather conditions will be at or above the planning minima in accordance with Table 1 above.

(d) Planning minima for an ETOPS en-route alternate. An operator shall not select an aerodrome as an ETOPS en-route alternate aerodrome unless the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing 1 hour before and ending 1 hour after the expected time of arrival at the aerodrome, the weather conditions will be at or above the planning minima prescribed in Table 2 below, and in accordance with the operator's ETOPS approval.

Table 2

Planning minima - ETOPS

>TABLE POSITION>

OPS 1.300

Submission of ATS Flight Plan

22. An operator shall ensure that a flight is not commenced unless an ATS flight plan has been submitted, or adequate information has been deposited in order to permit alerting services to be activated if required.

OPS 1.305

Re/defuelling with passengers embarking, on board or disembarking

(See Appendix 1 to OPS 1.305)

23. An operator shall ensure that no aeroplane is re/defuelled with Avgas or wide cut type fuel (eg. Jet-B or equivalent) or when a mixture of these types of fuel might occur, when passengers are embarking, on board or disembarking. In all other cases necessary precautions must be taken and the aeroplane must be properly manned by qualified personnel ready to initiate and direct an evacuation of the aeroplane by the most practical and expeditious means available.

OPS 1.307

Refuelling/Defuelling with wide-cut fuel

24. An operator shall establish procedures for refuelling/defuelling with wide-cut fuel (eg. Jet B or equivalent) if this is required.

OPS 1.310

Crew Members at stations

(a) Flight crew members

(1) During take-off and landing each flight crew member required to be on flight deck duty shall be at his station.

(2) During all other phases of flight each flight crew member required to be on flight deck duty shall remain at his station unless his absence is necessary for the performance of his duties in connection with the operation, or for physiological needs provided at least one suitably qualified pilot remains at the controls of the aeroplane at all times.

(b) Cabin crew members. On all the decks of the aeroplane that are occupied by passengers, required cabin crew members shall be seated at their assigned stations during take-off and landing, and whenever deemed necessary by the commander in the interest of safety.

OPS 1.315

Assisting means for emergency evacuation

25. An operator shall establish procedures to ensure that before taxying, take-off and landing, and when safe and practicable to do so, an assisting means for emergency evacuation that deploys automatically, is armed.

OPS 1.320

Seats, safety belts and harnesses

(a) Crew members

(1) During take-off and landing, and whenever deemed necessary by the commander in the interest of safety, each crew member shall be properly secured by all safety belts and harnesses provided.

(2) During other phases of the flight each flight crew member on the flight deck shall keep his safety belt fastened while at his station.

(b) Passengers

(1) Before take-off and landing, and during taxying, and whenever deemed necessary in the interest of safety, the commander shall ensure that each passenger on board occupies a seat or berth with his safety belt, or harness where provided, properly secured.

(2) An operator shall make provision for, and the commander shall ensure that multiple occupancy of aeroplane seats may only be allowed on specified seats and does not occur other than by one adult and one infant who is properly secured by a supplementary loop belt or other restraint device.

OPS 1.325

Securing of passenger cabin and galley(s)

(a) An operator shall establish procedures to ensure that before taxying, take-off and landing all exits and escape paths are unobstructed.

(b) The commander shall ensure that before take-off and landing, and whenever deemed necessary in the interest of safety, all equipment and baggage is properly secured.

OPS 1.330

Accessibility of emergency equipment

26. The commander shall ensure that relevant emergency equipment remains easily accessible for immediate use.

OPS 1.335

Smoking on board

(a) The commander shall ensure that no person on board is allowed to smoke:

(1) Whenever deemed necessary in the interest of safety;

(2) While the aeroplane is on the ground unless specifically permitted in accordance with procedures defined in the Operations Manual;

(3) Outside designated smoking areas, in the aisle(s) and in the toilet(s);

(4) In cargo compartments and/or other areas where cargo is carried which is not stored in flame resistant containers or covered by flame resistant canvas; and

(5) In those areas of the cabin where oxygen is being supplied.

OPS 1.340

Meteorological Conditions

(a) On an IFR flight a commander shall not:

(1) Commence take-off; nor

(2) Continue beyond the point from which a revised flight plan applies in the event of in-flight replanning,

unless information is available indicating that the expected weather conditions at the destination and/or required alternate aerodrome(s) prescribed in OPS 1.295 are at or above the planning minima, prescribed in OPS 1.297.

(b) On an IFR flight a commander shall not continue beyond:

(1) The decision point when using the decision point procedure; or

(2) The pre-determined point when using the pre-determined point procedure,

unless information is available indicating that the expected weather conditions at the destination and/or required alternate aerodrome(s) prescribed in OPS 1.295 are at or above the applicable aerodrome operating minima prescribed in OPS 1.225.

(c) On an IFR flight, a commander shall not continue towards the planned destination aerodrome unless the latest information available indicates that, at the expected time of arrival, the weather conditions at the destination, or at least one destination alternate aerodrome, are at or above the planning applicable aerodrome operating minima.

(d) On a VFR flight a commander shall not commence take-off unless current meteorological reports or a combination of current reports and forecasts indicate that the meteorological conditions along the route or that part of the route to be flown under VFR will, at the appropriate time, be such as to render compliance with these rules possible.

OPS 1.345

Ice and other contaminants

(a) An operator shall establish procedures to be followed when ground de-icing and anti-icing and related inspections of the aeroplane(s) are necessary.

(b) A commander shall not commence take-off unless the external surfaces are clear of any deposit which might adversely affect the performance and/or controllability of the aeroplane except as permitted in the Aeroplane Flight Manual.

(c) A commander shall not commence a flight under known or expected icing conditions unless the aeroplane is certificated and equipped to cope with such conditions.

OPS 1.350

Fuel and oil supply

A commander shall not commence a flight unless he is satisfied that the aeroplane carries at least the planned amount of fuel and oil to complete the flight safely, taking into account the expected operating conditions.

OPS 1.355

Take-off conditions

27. Before commencing take-off, a commander must satisfy himself that, according to the information available to him, the weather at the aerodrome and the condition of the runway intended to be used should not prevent a safe take-off and departure.

OPS 1.360

Application of take-off minima

28. Before commencing take-off, a commander must satisfy himself that the RVR or visibility in the take-off direction of the aeroplane is equal to or better than the applicable minimum.

OPS 1.365

Minimum flight altitudes

29. The commander or the pilot to whom conduct of the flight has been delegated shall not fly below specified minimum altitudes except when necessary for take-off or landing.

OPS 1.370

Simulated abnormal situations in flight

30. An operator shall establish procedures to ensure that abnormal or emergency situations requiring the application of part or all of abnormal or emergency procedures and simulation of IMC by artificial means, are not simulated during commercial air transportation flights.

OPS 1.375

In-flight fuel management

(See Appendix 1 to OPS 1.375)

(a) An operator shall establish a procedure to ensure that in-flight fuel checks and fuel management are carried out.

(b) A commander shall ensure that the amount of usable fuel remaining in flight is not less than the fuel required to proceed to an aerodrome where a safe landing can be made, with final reserve fuel remaining.

(c) The commander shall declare an emergency when the actual usable fuel on board is less than final reserve fuel.

OPS 1.385

Use of supplemental oxygen

31. A commander shall ensure that flight crew members engaged in performing duties essential to the safe operation of an aeroplane in flight use supplemental oxygen continuously whenever cabin altitude exceeds 10 000 ft for a period in excess of 30 minutes and whenever the cabin altitude exceeds 13 000 ft.

OPS 1.390

Cosmic radiation

(a) Active monitoring

(1