“Appendix II

”.

Amendment of Annex 3 to Commission Regulation (EU) No 965/2012

6.—(1) Annex 3 (organisation requirements for air operations (part-ORO)) is amended as follows.

(2) In Subpart FC (flight crew)—

(a)after point ORO.FC.100 (composition of flight crew) insert—

“ORO.FC.101 Specific flight crew requirements for helicopter operations

In addition to the requirements in ORO.FC.100, if a helicopter is operated as a multi-pilot operation within the meaning of Commission Regulation (EU) No 1178/2011(5) each pilot must either:

(1) have completed an MCC course as part of a multi-pilot type rating or hold a certificate of satisfactory completion of an MCC course in helicopters in accordance with FCL.510.H.ATPL(H) of Commission Regulation (EU) No 1178/2011; or

(2) have completed at least 500 hours of flight time as a pilot in multi-pilot operations.”;

(b)in point ORO.FC.105 (designation as pilot-in-command/commander), for points (c) and (d) substitute—

“(c)In the case of commercial operations of aeroplanes and helicopters, the pilot-in-command or commander, or the pilot to whom the conduct of the flight may be delegated, must have had initial familiarisation training on the route or area to be flown and aerodrome, facilities and procedures, and must maintain this knowledge by:

(1) operating at least once on the aerodrome within a 12 month period;

(2) operating at least once to the route or area within a 36 month period.

(d)In respect of point (c)(2), where a route or area is not operated upon for a 12 month period, the pilot-in-command or commander, or the pilot to whom the conduct of the flight may be delegated, must, in addition, undertake refresher training on the route or area.

(e)Notwithstanding points (c) and (d), in the case of operations under VFR by day with performance class B and C aeroplanes and helicopters, familiarisation training on the route and aerodromes may be replaced by area familiarisation training.”.

(3) In point ORO.FC.140 (operation on more than one type or variant) omit point (b).

(4) After point ORO.FC.140 insert—

“ORO.FC.141 Compliance requirements for operation on more than one type or variant

In respect of compliance with the requirements mentioned in ORO.FC.140:

(a)the operator may define groups of single-engined helicopter types and an operator proficiency check on one type will be valid for all the other types within the group if both the following conditions are met:

(1) the group includes either only single-engine turbine helicopters operated under VFR or only single-engine piston helicopters operated under VFR;

(2) for CAT operations, at least two operator proficiency checks per type are conducted within a 3-year cycle;

(b)for specialised operations, elements of the aircraft or FSTD training and operator proficiency check that cover the relevant aspects associated with the specialised task and are not related to the type or group of types may be credited towards the other types or groups of types, based on a risk assessment performed by the operator;

(c)for operations on more than one helicopter type or variant that are used for conducting sufficiently similar operations, if line checks rotate between types or variants, each line check shall revalidate the line check for the other helicopter types or variants;

(d)appropriate procedures and any operational restrictions must be specified in the operations manual.”.

(5) In point ORO.FC.145 (provision of training, checking and assessment), for points (c) to (e) substitute—

“(c)In the case of CAT operations, training and checking programmes, including syllabi and the use of the means to deliver the programme such as individual flight simulation training devices (FSTDs) and other training solutions, must be approved by the CAA.

(d)The FSTD used to meet the requirements of this Subpart must be qualified in accordance with Commission Regulation (EU) No 1178/2011 and it must replicate the aircraft used by the operator, as far as practicable. Differences between the FSTD and the aircraft shall be described and addressed through a briefing or training as appropriate.

(e)The operator must establish a system to adequately monitor changes to the FSTD and to ensure that those changes do not affect the adequacy of the training programmes.

(f)The operator must monitor the validity periods of each recurrent training and checking in this Subpart.

(g)The validity periods required in this Subpart shall be counted from the end of the month in which the recency, training or check in this Subpart was completed.”.

(6) In point ORO.FC.146 (personnel providing training, checking and assessment)—

(a)in point (b)—

(i)after “checking” insert “and assessment”;

(ii)after “checks” insert “and assessment”; and

(iii)after “No 1178/2011” insert “and where those personnel provide training or conduct checks or assessments in respect of specialised operations, they must be suitably qualified for the relevant operation”;

(b)after point (d) insert—

“(e)Notwithstanding point (b), the aircraft or FSTD training and the operator proficiency check may be conducted by a suitably qualified commander holding either an FI, TRI or SFI certificate who is nominated by the operator for any of the following operations:

(1) CAT operations of helicopters meeting the criteria defined in point ORO.FC.005(b)(2);

(2) CAT operations of helicopters by day and over routes navigated by reference to visual landmarks, except those of complex motor-powered helicopters;

(3) CAT operations of performance class B aeroplanes that do not meet the criteria defined in point ORO.FC.005(b)(1).

(f)Notwithstanding point (b), the aircraft or FSTD training and the demonstration of competence or operator proficiency check may be conducted by a suitably qualified pilot in command or commander nominated by the operator for any of the following operations:

(1) specialised operations;

(2) CAT operations of aeroplanes meeting the criteria defined in point ORO.FC.005(b)(1).

(g)Notwithstanding point (b), the line check may be conducted by a suitably qualified commander nominated by the operator.

(h)The operator must inform the CAA about the persons nominated under points (e) to (g).”.

(7) In point ORO.FC.200 (composition of flight crew), for points (d)(1) and (2) substitute—

“The minimum flight crew must be two pilots where it is:

(1) an operation of a helicopter with a MOPSC of more than 19;

(2) an operation under IFR of a helicopter with a MOPSC of more than 9.”.

(8) For point ORO.FC.202 (single-pilot operations under IFR or at night) substitute—

“ORO.FC.202 Single-pilot operations under IFR or at night

In order to be able to fly under IFR at night with a minimum flight crew of one pilot the following must be complied with:

(a)the operator must include in the operations manual a pilot’s conversion and recurrent training programme that include the additional requirements for a single-pilot operation. The pilot must have undertaken training on the operator’s procedures, in particular regarding:

(1) engine management and emergency handling;

(2) use of normal, abnormal and emergency checklist;

(3) air traffic control communication;

(4) departure and approach procedures;

(5) autopilot management, if applicable;

(6) use of simplified in-flight documentation;

(7) single-pilot crew resource management;

(b)for aeroplane operations under IFR the pilot must have:

(1) a minimum of 50 hours flight time under IFR on the relevant type or class of aeroplane, of which 10 hours are as commander; and

(2) completed during the preceding 90 days on the relevant type or class of aeroplane:

(i)5 IFR flights, including 3 instrument approaches, in a single-pilot role; or

(ii)an IFR instrument approach check;

(d)for aeroplane operations at night the pilot must have:

(1) a minimum of 15 hours flight time at night which may be included in the 50 hours flight time under IFR in (c)(1); and

(2) completed during the preceding 90 days on the relevant type or class of aeroplane:

(i)3 take-offs and landings at night in the single-pilot role; or

(ii)a night take-off and landing check;

(e)for helicopter operations under IFR, the pilot must have:

(1) 25 hours total IFR flight experience in the relevant operating environment; and

(2) 25 hours flight experience as a single pilot on the specific type of helicopter, approved for single-pilot IFR, of which 10 hours may be flown under supervision, including 5 sectors of IFR line flying under supervision using the single-pilot procedures; and

(3) completed during the preceding 90 days:

(i)5 IFR flights as a single pilot, including 3 instrument approaches, carried out on a helicopter approved for this purpose; or

(ii)an IFR instrument approach check as a single pilot on the relevant type of helicopter, flight training device of full flight simulator.”.

(9) For point ORO.FC.220 (operator conversion training and checking) substitute—

“ORO.FC.220 Operator conversion training and checking

(a)CRM training must be integrated into the operator conversion training course.

(b)Once an operator conversion course has been commenced, the flight crew member must not be assigned to flying duties on another type or class of aircraft until the course is completed or terminated. Crew members operating only performance class B aeroplanes may be assigned to flights on other types of performance class B aeroplanes during conversion course to the extent necessary to maintain the operation. Crew members may be assigned to flights on single-engined helicopters, during an operator conversion course on a single-engined helicopter, provided that the training is unaffected.

(c)The amount of training required by the flight crew member for the operator’s conversion course must be determined in accordance with the standards of qualification and experience specified in the operations manual, taking into account the flight crew member’s previous training and experience.

(d)The flight crew member must complete:

(1) the operator proficiency check and the emergency and safety equipment training and checking before commencing line flying under supervision (LIFUS); and

(2) the line check upon completion of LIFUS. For performance class B aeroplanes, LIFUS may be performed on any aeroplane within the applicable class.

(e)In the case of aeroplanes, pilots that have been issued a type rating based on a zero flight-time training course must:

(1) commence LIFUS not later than 21 days after the completion of the skill test or after appropriate training provided by the operator. The content of that training must be described in the operations manual;

(2) complete 6 take-offs and landings in an FSTD not later than 21 days after the completion of the skill test under the supervision of a type rating instructor for aeroplanes (TRI(A)) occupying the other pilot seat. The number of take-offs and landings may be reduced when credits are defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012. If those take-offs and landings have not been performed within 21 days, the operator must provide refresher training, the content of which must be described in the operations manual;

(3) conduct the first 4 take-offs and landings of the LIFUS in the aeroplane under the supervision of a TRI(A) occupying the pilot seat. The number of take-offs and landings may be reduced when credits are defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012(6).

(f)If operational circumstances, such a applying for a new AOC or adding a new aircraft type or class to the fleet, do not allow the operator to comply with the requirements in point (d), the operator may develop a specific conversion course, to be used temporarily for a limited number of pilots with the prior approval by the CAA.”.

(10) For point ORO.FC.230 (recurrent training and checking) substitute—

“ORO.FC.230 Recurrent training and checking

(a)In respect of every aircraft on which they operate, each flight crew member must complete the recurrent training and checking relevant to the type or variant of aircraft, and the associated equipment for that aircraft.

(b)Operator proficiency check

(1) Each flight crew member must complete operator proficiency checks while acting as part of the normal crew complement.

(2) When the flight crew member is required to operate under IFR, the operator proficiency check must be conducted without external visual reference, until the DA or DH or MDA or MDH is reached.

(3) The operator proficiency check remains valid for 6 consecutive months except as provided for in point (4).

(4) For seasonal operations by performance class B aeroplanes under VFR by day an operator proficiency check remains valid for 8 consecutive months.

(5) The proficiency check must be undertaken before commencing CAT operations.

(c)Line check

Each flight crew member must complete a line check on the aircraft which remains valid for 12 calendar months.

(d)Emergency and safety equipment training and checking

Each flight crew member must complete recurrent training and checking on the location and use of all emergency and safety equipment carried on board the aircraft. This remains valid for 12 calendar months.

(e)CRM training

(1) CRM training elements must be integrated into all appropriate phases of the recurrent training.

(2) Each flight crew member must undergo specific modular CRM training. All major topics of CRM training must be covered by distributing modular training sessions as evenly as possible over each 3 year period.

(f)Each flight crew member must undergo ground training and flight training in an FSTD or an aircraft, or a combination of both, at least every 12 calendar months.”.

(11) For point ORO.FC.235 (pilot qualification to operate in either pilot’s seat) substitute—

“ORO.FC.235 Pilot qualification to operate in either pilot’s seat – aeroplanes

(a)Where a commander of an aeroplane is required to:

(1) operate in either pilot seat and carry out co-pilot duties; or

(2) conduct training or checking duties,

the commander must complete additional training and checking (ADTC) to ensure that they are proficient in conducting relevant normal, abnormal and emergency procedures from either pilot seat.

(b)The ADTC may be conducted together with either the operator proficiency check prescribed in ORO.FC.230(b), or the EBT programme prescribed in ORO.FC.231.

(c)The ADTC must be specified in the operations manual and must include at least the following:

(1) an engine failure during take-off;

(2) a one-engine-inoperative approach and go around;

(3) a one-engine-inoperative landing.

(d)The ADTC is valid for 12 months except where undertaken via an EBT programme prescribed in ORO.FC.231, in which case the validity is determined in accordance with ORO.FC.232.

(e)When operating in the co-pilot’s seat, the checks required by ORO.FC.230 or the assessment and training required by ORO.FC.231 for operating in the commander’s seat must, in addition, be valid and current.

(f)The pilot relieving the commander must have demonstrated, concurrent with either of the requirements referred to in point (i), practice of drills and procedures that would not normally be the relieving pilot’s responsibility. Where the differences between left and right handed seats are not significant, practice may be conducted in either seat.

(g)The pilot, other than the commander, occupying the commander’s seat must demonstrate, concurrent with either of the requirements referred to in point (i), practice of drills and procedures which are the commander’s responsibility acting as pilot monitoring. Where the differences between left and right handed seats are not significant, practice may be conducted in either seat.

(i)The requirements are the operator proficiency checks prescribed in ORO.FC.230(b) and the assessment and training required by ORO.FC.231.”.

(12) After point ORO.FC.235 insert—

“ORO.FC.236 Pilot qualification to operate in either pilot’s seat – helicopters

(a)A helicopter pilot whose duties require them to operate in either pilot’s seat must complete ADTC to ensure that they are proficient in conducting the relevant normal, abnormal and emergency procedures from either seat.

(b)The ADTC is valid for 12 months.

(c)Current FIs or TRIs on the relevant helicopter type are deemed to have met the requirement in point (a) if they have undertaken a FI or TRI activity on that type and on the helicopter.”.

(13) For point ORO.FC.240 (operation on more than one type or variant) substitute—

“ORO.FC.240 operation on more than one type or variant

(a)The procedures or operational restrictions for operation on more than one type or variant established in the operations manual and approved by the CAA must cover:

(1) the flight crew members’ minimum experience level;

(2) the minimum experience level on one type or variant before beginning training for and operation of another type or variant;

(3) the process whereby flight crew qualified on one type or variant will be trained and qualified on another type or variant; and

(4) the applicable recent experience requirements for each type or variant.

(b)Point (a) does not apply to operations of performance class B aeroplanes if they are single-pilot classes of reciprocating engine aeroplanes operating under VFR by day.”.

(14) In point ORO.FC.A.245 (alternative training and qualification programme)—

(a)for point (d) substitute—

“(d)In addition to the checks required by ORO.FC.230 and FCL.060 of Annex I (Part-FCL) to Regulation (EU) No 1178/2011, each flight crew member must complete a line orientated evaluation (LOE) conducted in an FSTD. An LOE is completed when the syllabus of the LOE is completed and that flight crew member has demonstrated an acceptable level of performance. The LOE is valid for 12 calendar months.”;

(b)for points (e)(1) to (3) substitute—

“(1) Operator proficiency check to 12 calendar months;

(2) Line check to 24 calendar months;

(3) Emergency and safety equipment checking to 24 calendar months.”;

(c)after point (e) insert—

“(f)Each flight crew must undergo specific modular CRM training. All major topics of CRM training must be covered by distributing modular training sessions as evenly as possible over each 3 year period.

(g)The ATQP programme must include 48 hours on an FTSD for each flight crew member distributed evenly over a 3 year programme. However, the operator may reduce the number of FSTD hours down to a minimum of 36 hours where the operator can demonstrate that the level of safety that is achieved is equivalent to that of the training and checking requirements substituted by the ATQP programme.”.

(15) In point ORO.FC.H.250 (commanders holding a CPL(H)), for point (a)(1) substitute—

“(1) when operating under IFR, they have completed a minimum of 700 hours total flight time on helicopters, which must include, 300 hours as a pilot-in-command and 100 hours under IFR of the total flight time on helicopters. Except that:

(i)up to 50 hours instrument time performed on an FFS(H) level B or FTD level 3 qualification or higher qualified for instrument training may be credited towards the 100 hours requirement; and

(ii)hours operating as co-pilot within an established multi-crew system prescribed in the operations manual may be substituted on the basis of 2 hours flight time as co-pilot for 1 hour flight time as pilot-in-command for the 300 hours requirement;”.

(16) Before point ORO.FC.330 (recurrent training and checking – operator proficiency check) insert—

“ORO.FC.320 Operator conversion training and checking

The operator conversion course must include an operator proficiency check.

ORO.FC.325 Equipment and procedure checking

When standard operating procedures relating to a specialised operation require equipment and procedure training, a flight crew member must undergo an operator proficiency check on a suitable FSTD or aircraft.”.

(17) In point ORO.FC.330 (recurrent training and checking – operator proficiency check)—

(a)for point (a) substitute—

“(a)Each flight crew member must complete recurrent training and operator proficiency checks. In the case of specialised operations, the recurrent training and checking must cover the relevant aspects associated with the specialised tasks described in the operations manual.”;

(b)for point (c) substitute—

“(c)The validity period of the operator proficiency check must be 12 calendar months.”.

Amendment of Annex 4 to Commission Regulation (EU) No 965/2012

7.—(1) Annex 4 (commercial air transport operations (part-CAT)) is amended as follows.

(2) In Subpart A (general requirements), in point CAT.GEN.MPA.100 (crew responsibilities)—

(a)for point (b)(5) substitute—

“(5) when undertaking duties for more than one operator:

(i)maintain their individual records regarding flight and duty times and rest periods as referred to in applicable FTL requirements;

(ii)provide each operator with the date needed to schedule activities in accordance with the applicable FTL requirements;

(iii)provide each operator with the data needed regarding operations on more than one type or variant.”;

(b)for point (c)(5) substitute—

“(5) if the crew member knows or suspects that they are suffering from fatigue as referred to in Annex V, point 7.5 to Regulation (EU) No 1139/2018 or feels otherwise unfit, to the extent that the flight might be endangered.”.

(3) In Subpart B (operating procedures), section 1 (motor-powered aircraft)—

(a)after point CAT.OP.MPA.100 (use of air traffic services) insert—

“CAT.OP.MPA.101 Altimeter check and settings

The operator must establish procedures for:

(a)altimeter setting and cross-checking before each departure;

(b)altimeter settings for all phases of flight, which must take into account the procedures established by the State of the aerodrome or the State of airspace if applicable.”;

(b)omit point CAT.OP.MPA.106 (use of isolated aerodromes – aeroplanes);

(c)in point CAT.OP.MPA.110 (aerodrome operating minima)—

(i)in point (a)—

(aa)after “used” insert “in order to ensure separation of the aircraft from terrain and obstacles and to mitigate the risk of loss of visual references during the visual flight segment of instrument approach operations”;

(bb)omit the second sentence;

(ii)omit point (b);

(iii)for point (c)(4) substitute—

“(4)  any conditions or limitations stated in the aircraft flight manual;”;

(iv)for point (c)(6) substitute—

“(6)  the relevant operational experience of the operator;”;

(v)for points (c)(8) and (9) substitute—

“(8) the adequacy and performance of the available visual and non-visual aids and infrastructure;

(9) the obstacles in the climb-out areas and necessary clearance margins;

(10) the IAP;

(11) the aerodrome characteristics and the available air navigation services;

(12) any minima that may be promulgated by the State of the aerodrome;

(13) the conditions prescribed in the operations specification including any specific approvals for low-visibility operations or operations with operational credits;

(14) any non-standard characteristics of the aerodrome, the IAP or the local environment.”;

(vi)in point (d), after “operations manual.”, insert “That method and any changes to that method must be approved by the CAA.”;

(d)for point CAT.OP.MPA.115 (approach flight technique – aeroplanes) substitute—

“CAT.OP.MPA.115 Approach flight technique – aeroplanes

(a)All aeroplane approach operations must be flown as stabilised approach operations unless otherwise approved by the CAA for a particular approach to a particular runway.

(b)The CDFA technique must be used for aeroplane operations using NPA procedures except where the CAA has approved another flight technique for a particular runway.”;

(e)omit points CAT.OP.MPA.150 (fuel policy) and CAT.OP.MPA.151 (fuel policy – alleviations);

(f)in point CAT.OP.MPA.175 (flight preparation), in point (b)(7), after “fuel” add “or energy”;

(g)after point CAT.OP.MPA.175 insert—

“CAT.OP.MPA.177 Submission of the ATS flight plan

(a)If an ATS flight plan is not submitted as it is not required by the rules of the air, adequate information must be deposited by the operator in order to permit alerting services to be activated if required.

(b)When operating from a site where it is impossible to submit an ATS flight plan, the ATS flight plan must be transmitted as soon as possible after take-off by the commander or the operator.”;

(h)for points CAT.OP.MPA.180 (selection of aerodromes – aeroplanes) to CAT.OP.MPA.200 (refuelling/defueling with wide-cut fuel) substitute—

“CAT.OP.MPA.180 Fuel Scheme – aeroplanes

(a)The operator must establish, implement and maintain a fuel scheme for aeroplanes that:

(1) is appropriate for the type of operation performed;

(2)  corresponds to the capability of the operator to support its implementation and is either a basic fuel scheme, or a scheme that provides a higher or equivalent level of safety to a basic fuel scheme, and is either a basic fuel scheme with variations or an individual fuel scheme.

(b)The fuel scheme must be contained in the operations manual and comprise:

(1) fuel or energy planning and in-flight replanning policy;

(2) an aerodrome selection policy;

(3) an in-flight fuel or energy management policy.

(c)The fuel scheme, and any change to it, must be approved by the CAA prior to implementation.

(d)Before an individual fuel scheme for aeroplanes is approved, the operator must:

(1) establish a baseline safety performance of its current fuel scheme;

(2) demonstrate that it has the capability to support the implementation of the proposed individual fuel scheme, including the capability to exercise adequate operational control and to ensure exchange of relevant safety information between the operational control personnel and the flight crew; and

(3) establish a safety risk assessment that demonstrates how an equivalent level of safety to that of the current fuel scheme is achieved.

CAT.OP.MPA.181 Fuel scheme – fuel or energy planning and in-flight replanning policy- aeroplanes

(a)An operator’s fuel scheme for an aeroplane must:

(1) include a fuel planning and in-flight replanning policy (“the planning policy”);

(2) ensure that the aeroplane carries sufficient usable fuel or energy to safely complete the planned flight with allowance for deviations from the planned operation;

(3) ensure that procedures are developed for the planning policy;

(4) ensure that the fuel or energy planning of the flight is based on:

(i)current aircraft specific data derived from fuel or energy consumption monitoring, or if that is not available;

(ii)data provided from the aeroplane manufacturer.

(b)The operator must ensure that the fuel planning of aeroplane flights takes into account the operating conditions under which the flight will be undertaken, specifically:

(1) the aircraft fuel or energy consumption;

(2) anticipated masses;

(3) anticipated weather conditions;

(4) the effects of deferred maintenance items or configuration deviations, or both;

(5) the expected departure and arrival routing and runways; and

(6) anticipated delays.

(c)The operator must ensure that the pre-flight calculations of the usable fuel or energy that is required for an aeroplane flight includes:

(1) taxi fuel or energy that is not less than the amount expected to be used prior to take-off;

(2) trip fuel or energy that must be the amount required to enable the aeroplane to fly from take-off, or from the point of in-flight replanning, to landing at the destination aerodrome;

(3) contingency fuel;

(4) destination alternate fuel or energy:

(i)when a flight is operated with at least one destination alternate aerodrome, it must be the amount of fuel or energy required to fly from the destination aerodrome to the destination alternate aerodrome; or

(ii)when a flight is operated with no destination alternate aerodrome, it must be the amount of fuel or energy required to hold at the destination aerodrome, while enabling the aeroplane to perform a safe landing and to allow for deviations from the planned operation; as a minimum, the amount must be 15 minutes of fuel or energy at holding speed 1500 ft (450 m) above the aerodrome elevation in standard conditions, calculated according to the estimated aeroplane mass on arrival at the destination aerodrome;

(5) final reserve fuel being the amount of fuel or energy that is calculated at holding speed at 1500 ft (450 m) above the aerodrome elevation in standard conditions calculated according to the estimated aeroplane mass on arrival at the destination alternate aerodrome, or destination aerodrome when no destination alternate aerodrome is required, and must not be less than:

(i)for aeroplanes with reciprocating engines, the fuel or energy needed to fly for 45 minutes;

(ii)for turbine-engine aeroplanes, the fuel or energy needed to fly for 30 minutes.

(6) additional fuel (where required by the type of operation) which must be the greater of the amount of fuel or energy to enable the aeroplane to land at a FE ERA aerodrome in the event of a FE ERA aerodrome critical scenario or an aircraft failure at the most critical point along the route that significantly increases the fuel or energy consumption. This additional fuel or energy is required only if the minimum amount of fuel or energy that is calculated according to points (c)(2) to (c)(5) is not sufficient for such an event;

(7) extra fuel or energy to take into account anticipated delays or specific operational constraints; and

(8) discretionary fuel or energy, if required by the commander.

(d)The operator must ensure that in-flight replanning procedures for calculating the usable fuel or energy that is required when an aeroplane flight proceeds along a route or to a destination aerodrome other than the ones originally planned includes points (c)(2) to (c)(7).

CAT.OP.MPA.182 – Fuel scheme – aerodrome selection policy – aeroplanes

In respect of aeroplanes:

(a)At the planning stage, the operator must ensure that once the flight has commenced, there is reasonable certainty that an aerodrome where a safe landing can be made will be available at the estimated time of use of that aerodrome.

(b)At the planning stage, to allow for a safe landing in case of an abnormal or emergency situation after take-off, the operator must select and specify in the operational flight plan a take-off alternate aerodrome if either:

(1) the weather conditions at the aerodrome of departure are below the operator’s established aerodrome landing minima for that operation; or

(2) it would otherwise be impossible to return to the aerodrome of departure.

(c)The take-off alternate aerodrome must be located within a distance from the departure aerodrome that minimises the risk of exposure to potential abnormal or emergency situations. In choosing the take-off alternate aerodrome, the operator must, at least, consider the following:

(1) actual and forecast weather conditions;

(2) availability and quality of the aerodrome infrastructure;

(3) navigation and landing capabilities of the aircraft in abnormal or emergency conditions, taking into account the redundancy of critical systems; and

(4) specific approvals held.

(d)At the planning stage, for each IFR flight, the operator must select and specify in the operational and ATS flight plans one or more aerodromes so that two safe-landing options are available during normal operation when:

(1) reaching the destination aerodrome; or

(2) reaching the point of no return, to any available FE ERA aerodrome during isolated aerodrome operations; a flight to an isolated aerodrome must not be continued past the point of no return unless a current assessment of weather conditions, traffic and other operational conditions indicates that a safe landing can be made at the destination aerodrome at the estimated time of use. To use an isolated aerodrome as a destination aerodrome, the operator must have prior approval from the CAA.

(e)The operator must provide appropriate safety margins to flight planning to take into account a possible deterioration of the available forecast weather conditions at the estimated time of landing.

(f)For each IFR flight, the operator must ensure that sufficient means are available to navigate to, and land at, the destination aerodrome or at any destination alternate aerodrome in the event of loss of capability for the intended approach and landing operation.

CAT.OP.MPA.185 Fuel scheme – in-flight fuel management policy - aeroplanes

(a)The operator must establish procedures for in-flight fuel or energy management for aeroplanes that ensures:

(1) continual reanalysis and validation of the assumptions made during the planning stage (pre-flight or in-flight replanning, or both) and adjustment if necessary;

(2) that the amount of usable fuel or energy remaining on board is protected and not less than the fuel or energy that is required to proceed to an aerodrome where a safe-landing can be made; and

(3) relevant fuel or energy data for the purposes of points (1) to (2) is recorded.

(b)The aeroplane operator must have procedures in place to require the commander to obtain delay information from a reliable source when unforeseen circumstances may result in landing at the destination aerodrome with less than the final reserve of fuel or energy plus any fuel or energy required to proceed to an alternate aerodrome (should it be required) or to an isolated aerodrome.

(c)The aeroplane commander must advise air traffic control of a ‘minimum fuel or energy state’ by declaring “MINIMUM FUEL” when the commander has committed to land at a specific aerodrome and calculated that any change to the existing clearance to that aerodrome may result in landing with less than the planned final fuel or energy reserve.

(d)The aeroplane commander must declare to air traffic control a situation of ‘fuel or energy emergency’ by broadcasting “MAYDAY, MAYDAY, MAYDAY, FUEL” when the usable fuel or energy that is calculated to be available upon landing at the nearest aerodrome where a safe landing can be made is less than the planned final reserve fuel or energy.

CAT.OP.MPA.190 – Fuel Scheme – helicopters

(a)The operator must establish, implement and maintain a fuel scheme for helicopters that comprises:

(1) a fuel or energy planning and in-flight replanning policy; and

(2) an in-flight fuel or energy management policy.

(b)The fuel scheme must:

(1) be appropriate for the type of operation performed;

(2) correspond to the capability of the operator to support its implementation.

(c)The fuel scheme, and any change to it, must be approved by the CAA prior to implementation.

CAT.OP.MPA.191 – Fuel scheme – Fuel planning and in-flight replanning policy - helicopters

(a)As part of the fuel scheme for helicopters, the operator must establish a fuel or energy planning and in-flight replanning policy to ensure that the aircraft carries sufficient useable fuel or energy to safely complete the planned flight and allow for deviations from the planned operation.

(b)The operator must ensure that the fuel or energy planning of the helicopter flight, as a minimum, includes:

(1) procedures contained in the operations manual as well as:

(i)current aircraft specific data derived from fuel or energy consumption monitoring system, or if that is not available;

(ii)data provided from the helicopter manufacturer.

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

(i)aircraft fuel or energy consumption data;

(ii)anticipated masses;

(iii)anticipated weather conditions;

(iv)the effects of deferred maintenance items or configuration deviations, or both;

(v)procedures and restrictions introduced by air navigation service providers.

(c)The operator must ensure that the pre-flight calculations of the usable fuel or energy that is required for a helicopter flight includes:

(1) taxi fuel or energy that must not be less than the amount expected to be used prior to take-off;

(2) trip fuel or energy that must be the amount required to enable the helicopter to fly from take-off, or from the point of in-flight replanning, to landing at the destination aerodrome;

(3) contingency fuel;

(4) destination alternate fuel or energy, if a destination alternate aerodrome is required;

(5) final reserve fuel or energy that must not be less than:

(i)if flying under VFR and navigating by day with reference to visual landmarks, 20 minutes of fuel or energy at best-range speed;

(ii)if flying under VFR and navigating other than by reference to visual landmarks, or at night, 30 minutes of fuel or energy at best-range speed;

(ii)if flying under IFR, 30 minutes of fuel or energy at holding speed at 1500 ft (450 m) above the aerodrome elevation in standard conditions, calculated according to the helicopter estimated mass on arrival at the destination alternate aerodrome or at the destination aerodrome when no destination alternate aerodrome is required;

(6) extra fuel or energy to take into account anticipated delays or specific operational constraints; and

(7) discretionary fuel or energy if required by the commander.

(d)The operator must ensure that if a helicopter flight has to proceed along a route or to a destination aerodrome other than the one originally planned, in-flight replanning procedures for calculating the required useable fuel or energy include:

(1) trip fuel or energy for the remainder of the flight;

(2) reserve fuel or energy consisting of:

(i)contingency fuel;

(ii)alternate fuel or energy if a destination alternate aerodrome is required;

(iii)final reserve fuel or energy; and

(iv)additional fuel or energy if required by the type of operation;

(3) extra fuel or energy to take into account anticipated delays or specific operational constraints; and

(4) discretionary fuel or energy if required by the commander.

(e)As an alternative to points (b) to (d), for helicopters with a maximum certified take-off mass of 3175kg or less, flying by day and over routes navigated by reference to visual landmarks, or for local helicopter operations, the fuel or energy policy must ensure that on completion of the flight, or series of flights, the final reserve fuel or energy is sufficient for:

(1) 30-minute flying time at best-range speed; or

(2) 20-minute flying time at best-range speed if operating within an area providing continuous and suitable operating sites.

(f)Where a HEMS mission is conducted under VFR within a local and defined geographical area, the fuel planning policy may, as an alternative to points (c) and (d) be in accordance with SPA.HEMS.150.

CAT.OP.MPA.192 – Selection of aerodromes and operating sites – helicopters

(a)For helicopter flights under instrument meteorological conditions (IMC), the operator must select a take-off alternate aerodrome within one-hour flying time at normal cruising speed if it is not possible to return to the site of departure for weather reasons.

(b)At the planning stage, for each helicopter IFR flight, the operator must select and specify in the operational and ATS flight plans one or more aerodromes or operating sites so that two safe landing options are available during normal operation, except as provided under point SPA.HOFO.120(b).

(c)The operator must apply appropriate safety margins to flight planning for helicopters to take into account a possible deterioration of the available forecast weather conditions at the estimated time of landing.

(d)For each helicopter IFR flight, the operator must ensure that sufficient means are available to navigate to, and land at, the destination aerodrome or at any destination alternate aerodrome in the event of a loss of capability for the intended approach and landing operation.

CAT.OP.MPA.195 – Fuel scheme – in-flight management policy – helicopters

(a)The operator must establish procedures to ensure that in-flight fuel or energy checks and fuel or energy management are performed in accordance with the helicopter’s fuel scheme.

(b)The helicopter commander must monitor the amount of useable fuel or energy remaining on board to ensure that it is protected and not less than the fuel or energy that is required to proceed to an aerodrome or operating site where a safe landing can be made.

(c)The helicopter commander must advise air traffic control of a ‘minimum fuel or energy state’ by declaring “MINIMUM FUEL” when the commander has committed to land at a specific aerodrome and calculated that any change to the existing clearance to that aerodrome may result in landing with less than the planned final fuel or energy reserve.

(d)The helicopter commander must declare a situation of ‘fuel or energy emergency’ by broadcasting “MAYDAY, MAYDAY, MAYDAY, FUEL” when the useable fuel or energy estimated to be available upon landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve fuel or energy.

CAT.OP.MPA.200 – Special refuelling or defueling of the aircraft

(a)Special refuelling or defueling may only be conducted if the operator has:

(1) performed a risk assessment;

(2) developed procedures;

(3) established and implemented a training programme for personnel involved in such operations.

(b)The CAA must approve, before implementation, all special refuelling or defueling procedures for aeroplanes and special refuelling procedures with rotors turning for helicopters.

(c)In this point:

(1) “special refuelling” means:

(i)refuelling with an engine running or rotors turning;

(ii)refuelling with passengers embarking, on board or disembarking;

(iii)refuelling with wide-cut fuel;

(2) “special defueling” means:

(ii)defueling with passengers embarking, on board or disembarking;

(iii)defueling with wide-cut fuel.”;

(i)in point CAT.OP.MPA.245 (meteorological conditions – all aircraft), for point (c) substitute—

“(c)On VFR flights the commander must only commence the flight when the appropriate weather reports, or forecasts, or both, indicate that the meteorological conditions along the part of the route to be flown under VFR will, at the appropriate time, be at, or above, the VFR limits.”;

(j)in point CAT.OP.MPA.246 (meteorological conditions – aeroplanes), for point (b) substitute—

“(b)point of no return when using the isolated aerodrome procedure,”;

(k)in point CAT.OP.MPA.247 (meteorological conditions – helicopters), in point (a), after “cloud” omit “ceiling”;

(l)in point CAT.OP.MPA.260 (fuel and oil supply), after “fuel” insert “or energy”;

(m)in point CAT.OP.MPA.265 (take-off conditions), for point (b) substitute—

“(b)the selected aerodrome operating minima are consistent with the following:

(1) the operative ground equipment;

(2) the operative aircraft systems;

(3) the aircraft performance;

(4) flight crew qualifications.”;

(n)omit points CAT.OP.MPA.280 (in-flight fuel management – aeroplanes) and CAT.OP.MPA.281 (in-flight fuel management - helicopters);

(o)for point CAT.OP.MPA.300 (approach and landing conditions) substitute—

“CAT.OP.MPA.300 Approach and landing conditions – aeroplanes and helicopters

Before commencing an approach to land, the commander must be satisfied that:

(a)the weather conditions at the aerodrome or operating site and the condition of the runway or FATO intended to be used will not prevent a safe approach, landing or go-around, taking into consideration the performance information in the operations manual; and

(b)the selected aerodrome operating minima are consistent with:

(1) the operative ground equipment;

(2) the operative aircraft systems;

(3) the aircraft performance;

(4) flight crew qualifications.”;

(p)for CAT.OP.MPA.305 (commencement and continuation of approach) substitute—

“CAT.OP.MPA.305 Commencement and continuation of approach

(a)For aeroplanes, if the reported VIS or controlling RVR for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued:

(1) below 1000 ft above the aerodrome elevation; or

(2) into the FAS where DH or MDH is more than 1000 ft above the aerodrome elevation.

(b)For helicopters, if the reported RVR is less than 550 m and the controlling RVR for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued:

(1) below 1000 ft above the aerodrome elevation; or

(2) into the FAS where the DH or the MDH is more than 1000 ft above the aerodrome elevation.

(c)If the required visual reference is not established, then a missed approach must be executed at, or before, the DA or DH or the MDA or MDH.

(d)If the required visual reference is not maintained after DA or DH or MDA or MDH, then a go-around must be executed promptly.

(e)Notwithstanding point (a), in the case where no RVR is reported, and the reported VIS is less than the applicable minimum, but the converted weather visibility is equal or greater than the applicable minimum, the instrument approach can be continued to the DA or DH or MDA or MDH.”;

(q)in point CAT.OP.MPA.310 (operating procedures – threshold crossing height – aeroplanes), for “precision approaches” substitute “3D instrument approach operations”;

(r)after point CAT.OP.MPA.311 (reporting on runway braking action) insert—

“CAT.OP.MPA.312 EFVS operations

(a)When conducting EFVS operations, an operator must ensure:

(1) the aircraft is certified for the intended operations;

(2) only runways, FATOs and IAPs suitable for EFVS operations are used;

(3) the flight crew members are competent to conduct the intended operation, and a training and checking programme for the flight crew members and relevant personnel involved in the flight preparation is established;

(4) operating procedures are established;

(5) any relevant information is documented in the minimum equipment list;

(6) any relevant information is documented in the maintenance programme;

(7) safety assessments are carried out and performance indicators are established to monitor the level of safety of the operation;

(8) the aerodrome operating minima take into account the capability of the system used.

(b)The operator must not conduct EFVS 200 operations when conducting LVOs.

(c)Notwithstanding point (a)(1), the operator may use EVS meeting the minimum criteria to conduct EFVS 200 operations, provided that this is approved by the CAA.”.

(4) In Subpart C (aircraft performance and operating limitations)—

(a)in point CAT.POL.A.215 (en-route – one-engine-inoperative (OEI)), in point (c)(3), for “CAT.OP.MPA.150” substitute “CAT.OP.MPA.181”;

(b)in point CAT.POL.A.220 (en-route – aeroplanes with three or more engines, two engines inoperative), in point (f), after “fuel” insert “or energy”;

(c)in point CAT.POL.A.230 (landing – dry runways)—

(i)in point (e)—

(aa)for “shall either” substitute “must be capable of”;

(bb)for each occurrence of “land” substitute “landing”;

(cc)in point (1), after “air;” insert “and”;

(ii)in points (f)(1) and (f)(2), for “(d)” substitute “(e)”;

(d)in point CAT.POL.A.235 (landing – wet and contaminated runways)—

(i)in point (e)—

(aa)for “shall either” substitute “must be capable of”;

(bb)for each occurrence of “land” substitute “landing”;

(cc)in point (1), after “air,” insert “and”;

(ii)in points (h)(1) and (h)(2), for “(d)” substitute “(e)”;

(e)in point CAT.POL.A.415 (en-route - OIE), in point (e) for “CAT.OP.MPA.150” substitute “CAT.OP.MPA.181”;

(f)in point CAT.OP.POL.A.420 (en-route - aeroplanes with three or more engines, two engines inoperative), in point (d) after “fuel” insert “or energy”.

(5) In Subpart D (instruments, data, equipment), in point CAT.IDE.A.195 (data link recording), in point (e)—

(a)before “recorder” insert “data link”;

(b)for “(d) and (e)” substitute “(f) and (g)”.

Amendment of Annex 5 to Commission Regulation (EU) No 965/2012

8.—(1) Annex 5 (specific approvals - part-SPA) is amended as follows.

(2) In Subpart B (performance-based navigation (PBN) operations), in point SPA.PBN.105 (PBN operational approval), in point (f) after “APCH” insert “or RNP 0.3 helicopter”.

(3) In Subpart E (low visibility operations (LVOs))—

(a)in point SPA.LVO.100 (low visibility operations) for points (a) to (f) substitute—

“(a)take-off operations with visibility conditions of less than 400 m RVR;

(b)instrument approach operations in low-visibility conditions; and

(c)operations with operational credits, except for EFVS 200 operations, for which a specific approval is not required.”;

(b)for points SPA.LVO.105 (LVO approval) and SPA.LVO.110 (general operating requirements) substitute—

“SPA.LVO.105 Specific approval criteria

To obtain a specific approval as required by SPA.LVO.100, the operator must demonstrate that:

(a)for low-visibility approach operations, LVTO operations in an RVR less than 125 m, and operations with operational credits, the aircraft has been certified for the intended operations;

(b)the flight crew members are competent to conduct the intended operation and a training and checking programme for the flight crew members and relevant personnel involved in the flight preparation has been established in accordance with SPA.LVO.120;

(c)operating procedures for the intended operations have been established;

(d)any relevant changes to the minimum equipment list have been made;

(e)any relevant changes to the maintenance programme have been made;

(f)procedures have been established to ensure the suitability of aerodromes, including instrument flight procedures, for the intended operations, in accordance with SPA.LVO.110; and

(g)for the intended operations, a safety assessment has been carried out, and performance indicators have been established to monitor the level of safety.

SPA.LVO.110 Aerodrome-related requirements, including instrument flight procedures

The operator must ensure that only aerodromes and instrument flight procedures that are suitable for the intended operations are used for LVOs and operations with operational credits.”;

(c)omit point SPA.LVO.115 (aerodrome related requirements);

(d)for point SPA.LVO.120 (flight crew training and qualifications) substitute—

“SPA.LVO.120 Flight crew competence

(a)For all types of LVOs and operations with operational credits for which an approval has been granted, the operator must ensure that each flight crew member successfully completes training and checking which:

(1) includes initial and recurrent training and checking;

(2) includes normal, abnormal and emergency procedures;

(3) is tailored to the type of technologies used in the intended operations; and

(4) takes into account the human factor risks associated with the intended operations.

(b)The operator must ensure that the flight crew remains competent to conduct the intended operations.

(c)The operator must keep records of the training and qualifications for the flight crew members.

(d)The training and checking must be conducted by appropriately qualified personnel which in the case of flight and flight simulation training and checking requires the personnel providing the training to be qualified in accordance with Annex I (Part-FCL) of Commission Regulation (EU) No. 1178/2011.”.

(4) In Subpart H (helicopter operations with night vision imaging systems), in point SPA.NVIS.120 (NVIS operating minima), in point (a) omit “VFR”.

(5) In Subpart J (helicopter emergency medical service operations)—

(a)in point SPA.HEMS.120 (HEMS operating minima), in point (b), in the first sentence, before “ceiling” omit “cloud”;

(b)for point SPA.HEMS.150 (fuel supply) substitute—

“SPA.HEMS.150 Fuel planning policy - alleviation

Where a HEMS mission is conducted under VFR within a local and defined geographical area the fuel or energy policy must ensure that on completion of the mission, the final reserve of fuel or energy is sufficient for:

(a)30 minutes flying time at best-range speed; or

(b)20 minutes flying time at best-range speed by day when operating within an area providing continuous and suitable operating sites.”;

(c)omit point SPA.HEMS.155 (refuelling with passengers embarking, on-board or disembarking).

(6) In Subpart K (helicopter offshore operations)—

(a)in point SPA.HOFO.120 (selection of aerodromes and operating sites), in point (a)—

(i)for “CAT.OP.MPA.181” substitute “CAT.OP.MPA.192”;

(ii)for “land aerodrome if either:” substitute “land destination aerodrome provided that sufficient operational contingency is in place to secure a safe return from offshore.”;

(iii)omit points (1) and (2);

(b)for point SPA.HOFO.125 (airborne radar approaches (ARAs) to offshore locations – CAT operations) substitute—

“SPA.HOFO.125 Offshore standard approach procedures (OSAPs)

(a)An operator must establish procedures to ensure that no offshore standard approach procedures (OSAPs) are followed unless:

(1) the helicopter is capable of providing navigation and real-time obstacle environment information for obstacle clearance; and

(2) either:

(i)the MDH is determined from a radio altimeter or a device that provides equivalent performance, or

(ii)MDA is applied and it includes an adequate margin.

(b)If the operator follows OSAPs to rigs or vessels in transit, the flight must be conducted in multi-pilot operations.

(c)The decision range must provide adequate obstacle clearance in the missed approach from any destination for which an OSAP is planned.

(d)The approach must only be continued beyond decision range or below the MDA or MDH when visual reference to the destination has been established.

(e)For single-pilot operations, appropriate increments must be added to the MDA or MDH and decision range.

(f)When an OSAP is followed to a non-moving offshore location (such as a fixed installation or moored vessel) and a reliable GNSS position of the location is available in the navigation system, the GNSS or area navigation system must be used to enhance the safety of the OSAP.

(g)The operator must include OSAPs in its initial and recurrent training and checking programmes.”.

(7) In Subpart L (single-engined turbine aeroplane operations at night etc.), in point SPA.SET-IMC.110 (equipment requirements for SET-IMC operations), in point (l), after “fuel” insert “or energy”.

Amendment of Annex 6 to Commission Regulation (EU) No 965/2012

9.—(1) Annex 6 (non-commercial air operations with complex motor-powered aircraft (part-NCC)) is amended as follows.

(2) In Subpart B (operational procedures)—

(a)after point NCC.OP.100 (use of aerodromes and operating sites) insert—

“NCC.OP.101 Altimeter check and settings

The operator must establish procedures for:

(a)altimeter checking before each departure.

(b)altimeter settings for all phases of flight, which must take into account the procedures established by the State of the aerodrome or the State of the airspace if applicable.”;

(b)in point NCC.OP.105 (specification of isolated aerodromes – aeroplanes)—

(i)after “fuel” insert “or energy planning and in-flight replanning”;

(ii)for “shall” substitute “must not”;

(iii)for “if” substitute “unless”;

(iv)for “adequate” substitute “weather-permissible”;

(c)for point NCC.OP.110 (aerodrome operating minima – general) substitute—

“NCC.OP.110 Aerodrome operating minima – general

(a)The operator must establish aerodrome operating minima for each departure aerodrome, destination aerodrome, or alternate aerodrome that is planned to be used in order to ensure separation of the aircraft from terrain and obstacles and to mitigate the risk of loss of visual references during the visual flight segment of instrument approach operations.

(b)The method used to establish aerodrome operating minima must take the following elements into account:

(1) the type, performance and handling characteristics of the aircraft;

(2) the equipment available on the aircraft for the purpose of navigation, acquisition of visual references and the control of the flight path during take-off, approach, landing and missed approach;

(3) any conditions or limitations in the aircraft flight manual;

(4) the dimensions and characteristics of the runways or FATOs that may be selected for use;

(5) the adequacy and performance of the available visual and non-visual aids and infrastructure;

(6) the OCA or OCH for the IAP;

(7) the obstacles in the climb-out areas and necessary clearance margins;

(8) any non-standard characteristics of the aerodrome, the IAP or the local environment;

(9) the composition of the flight crew, their competence and experience;

(10) the IAP;

(11) the aerodrome characteristics and the available air navigation services, if any;

(12) any minima promulgated by the State of the aerodrome where available;

(13) the conditions prescribed in any specific approvals for LVOs or operations with operational credits;

(14) the relevant operational experience of the operator.

(c)The operator must specify a method of determining aerodrome operating minima in the operations manual.”;

(d)omit point NCC.OP.111 (aerodrome operating minima – NPA, APV, CAT I operations);

(e)in point NCC.OP.112 (aerodrome operating minima – circling operations with aeroplanes), in point (b)—

(i)in point (2), for “2” substitute “1”;

(ii)omit point (3);

(f)for points NCC.OP.130 (fuel and oil supply – aeroplanes) and NCC.OP.131 (fuel and oil supply – helicopters) substitute—

“NCC.OP.130 Fuel Scheme – aeroplanes and helicopters

(a)The operator must establish, implement and maintain a fuel scheme for aircraft that comprises:

(1) a fuel or energy planning and in-flight replanning policy;

(2) an in-flight fuel or energy management policy;

(b)The fuel scheme must:

(1) be appropriate for the type of operation performed; and

(2) correspond to the capability of the operator to support its implementation.

NCC.OP.131 Fuel scheme – fuel or energy planning and in-flight replanning policy – aeroplanes and helicopters

(a)Fuel or energy planning and in-flight replanning policy must ensure that the aircraft carries a sufficient amount of usable fuel or energy to safely complete the planned flight and to allow for deviations from the planned operation.

(b)The operator must ensure that the fuel or energy planning of flights is based upon at least the following:

(1) procedures contained in the operations manual;

(2) current aircraft specific data derived from a fuel or energy monitoring system or if that is not available, data provided by the aircraft manufacturer; and

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

(i)aircraft fuel or energy consumption;

(ii)anticipated masses;

(iii)anticipated weather conditions;

(iv)the effect of deferred maintenance items or configuration deviations, or both;

(v)anticipated delays.

(c)For aeroplanes, the operator must ensure that the pre-flight calculation of the usable fuel or energy that is required for a flight includes:

(1) taxi fuel or energy that is not less than the amount expected to be used prior to take-off;

(2) trip fuel or energy that must be the amount of fuel or energy that is required to enable the aeroplane to fly from take-off, or from the point of in-flight replanning, to landing at the destination aerodrome;

(3) contingency fuel;

(4) destination alternate fuel or energy:

(i)when a flight is operated with at least one destination alternate aerodrome, it must be the amount of fuel or energy required to fly from the destination aerodrome to the destination alternate aerodrome; or

(ii)when a flight is operated with no destination alternate aerodrome, it must be the amount of fuel or energy required to hold at the destination aerodrome to compensate for the lack of a destination alternate aerodrome;

(5) final reserve fuel or energy being the amount of fuel or energy that is calculated at holding speed at 1500 ft (450 m) above the aerodrome elevation in standard conditions calculated according to the estimated aircraft mass on arrival at the destination alternate aerodrome, or destination aerodrome when no destination alternate aerodrome is required, and must not be less than:

(i)for aeroplanes with reciprocating engines on VFR flight by night and IFR flights, the fuel or energy to fly for 45 minutes;

(ii)for aeroplanes with reciprocating engines on VFR flights by day, the fuel or energy to fly for 30 minutes;

(iii)for turbine-engined aeroplanes, the fuel or energy to fly for 30 minutes;

(6) additional fuel or energy, if required by the type of operation, which must be the amount of fuel or energy to enable the aeroplane to perform a safe landing at an FE ERA aerodrome (FE ERA aerodrome critical scenario) in the event of an engine failure or loss of pressurisation, whichever requires the greater amount of fuel or energy based on the assumption that such a failure occurs at the most critical point along the route; this additional fuel or energy is required only if the minimum amount of fuel or energy that is calculated according to points (c)(2) to (c)(5) is not sufficient for such an event;

(7) extra fuel or energy to take into account anticipated delays or specific operational constraints; and

(8) discretionary fuel or energy, if required by the commander.

(d)For helicopters, the operator must ensure that the pre-flight calculation of the usable fuel or energy that is required for a flight includes:

(1) fuel or energy to fly to the aerodrome or operating site of intended landing;

(2) if a destination alternate aerodrome is required, destination alternate fuel or energy which is the amount of fuel or energy that is required to execute a missed approach at the aerodrome or operating site of intended landing and afterwards to fly to the specified destination alternate aerodrome, approach and land; and

(3) final reserve fuel or energy which must not be less than:

(i)for flights under VFR, fuel or energy to fly for at least 20 minutes at best-range speed; or

(ii)for IFR flights, fuel or energy to fly for at least 30 minutes at holding speed at 450 m (1500 ft) above the aerodrome or operating site of intended landing or destination alternate in standard temperature conditions.

(e)The operator must ensure that if a flight has to proceed to a destination aerodrome other than the one originally planned, in-flight replanning procedures for calculating the required usable fuel or energy are available and comply with points (c)(2) to (c)(7) for aeroplanes, and point (d) for helicopters.

(f)The pilot-in-command must not commence a flight or continue a flight in the event of in-flight replanning unless satisfied that the aircraft carries at least the planned amount of usable fuel or energy and oil to safely complete the flight.”;

(g)after point NCC.OP.145 (flight preparation) insert—

“NCC.OP. 147 Destination alternate aerodromes planning minima - aeroplanes

The operator must not select an aerodrome as a destination alternate aerodrome for an aeroplane unless the latest available weather information indicates that the criteria in points (a), (b) or (c) will be met during either the period from an hour before the estimated time of arrival (“ETA”) to an hour after the ETA or the period from the actual time of departure to an hour after the ETA whichever is the shorter.

(a)for an alternate aerodrome with an available instrument approach operation with DH less than 250 ft:

(1) a ceiling of at least 200 ft above the DH or MDH associated with the instrument approach operation; and

(2) a visibility of at least the higher of 1500 m and 800 m above the instrument approach operation RVR or VIS minima.

(b)for an alternate aerodrome with an instrument approach operation with DH or MDH of 250 ft or more:

(1) a ceiling of at least 400 ft above the DH or MDH associated with the instrument approach operation; and

(2) a visibility of at least 3000 m.

(c)for an alternate aerodrome without an IAP:

(1) a ceiling of at least the higher of 2000 ft and the minimum safe IFR height; and

(2) a visibility of at least 5000 m.

NCC.OP. 148 Destination alternate aerodromes planning minima – helicopters

The operator must not select an aerodrome as a destination alternate aerodrome for a helicopter unless the latest available weather information indicates that the criteria in points (a) or (b) will be met during either the period from an hour before the ETA to an hour after the ETA or the period from actual time of departure to an hour after the ETA whichever is the shorter.

(a)for an alternate aerodrome with an IAP:

(1) a ceiling of at least 200 ft above the DH or MDH associated with the IAP; and

(2) a visibility of at least 1500 m by day or 3000 m by night.

(b)for an alternate aerodrome without an IAP:

(1) a ceiling of at least 2000 ft or the minimum safe IFR height, whichever is the greater; and

(2) a visibility of at least 1500 m by day or 3000 m by night.”;

(h)in point NCC.OP.151 (destination alternate aerodrome - aeroplanes), in point (b), for “isolated” substitute “designated an isolated aerodrome”;

(i)in point NCC.OP.155 (refuelling with passengers embarking, on board or disembarking), in point (b), after “fuel” insert “or energy”;

(j)after point NCC.OP.155 insert—

“NCC.OP.157 Refuelling with engine or rotors turning - helicopters

(a)Refuelling of helicopters with an engine running or rotors turning must only be conducted:

(1) when no passenger is embarking or disembarking;

(2) if the operator of the aerodrome or operating site allows such operations;

(3) in accordance with any specific procedures and limitations in the aircraft flight manual;

(4) with JET A or JET A-1 fuel types; and

(5) in the presence of appropriate rescue and firefighting facilities or equipment.

(b)The helicopter operator must:

(i)establish appropriate procedures to be followed by all involved personnel, such as crew members and ground operations personnel;

(ii)assess the risk associated with refuelling a helicopter with either engine running or engine running and rotors turning;

(iii)train its crew members and ensure that the involved ground operations personnel are appropriately trained;

(iv)ensure that the helicopter refuelling procedure with engine or rotors turning or both is specified in the operations manual and approved by the CAA before implementation. Any change to that procedure must have prior CAA approval.”;

(k)for point NCC.OP.195 (take-off conditions) substitute—

“NCC.OP.195 Take off conditions - aeroplanes and helicopters

Before commencing take-off of an aircraft, the pilot-in-command must be satisfied that:

(a)the weather conditions at the aerodrome or the operating site, together with the condition of the runway or FATO intended to be used, will not prevent a safe take-off and departure; and

(b)the selected aerodrome operating minima are consistent with all of the following:

(1) the operative ground equipment;

(2) the operative aircraft systems;

(3) the aircraft performance;

(4) the flight crew qualifications.”;

(l)in point NCC.OP.205 (in-flight fuel management)—

(i)in point (a) after each occurrence of “fuel” insert “or energy”;

(ii)for point (b) substitute—

“(b)The pilot-in-command must monitor the amount of useable fuel or energy remaining on board to ensure that it is protected and not less than the fuel or energy that is required to proceed to an aerodrome or operating site where a safe landing can be made.

(c)The pilot-in-command must advise air traffic control of a ‘minimum fuel or energy’ state by declaring “MINIMUM FUEL” when the pilot-in-command has:

(1) committed to land at a specific aerodrome or operating site; and

(2) calculated that any change to the existing clearance to that aerodrome or operating site or other traffic delays, may result in landing with less than the planned final reserve fuel or energy.

(d)The pilot-in-command must declare a situation of ‘fuel or energy emergency’ by broadcasting ‘MAYDAY, MAYDAY, MAYDAY fuel’ when the useable fuel or energy estimated to be available upon landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve of fuel or energy.”;

(m)for point NCC.OP.225 (approach and landing conditions - aeroplanes) substitute—

“NCC.OP.225 Approach and landing conditions – aeroplanes and helicopters

Before commencing an approach to land of an aircraft, the pilot-in-command must be satisfied that:

(a)the weather conditions at the aerodrome or the operating site and the condition of the runway or FATO intended to be used will not prevent a safe approach, landing or go-around taking into consideration the performance information contained in the operations manual; and

(b)the selected aerodrome operating minima are consistent with:

(1) the operative ground equipment;

(2) the operative aircraft systems;

(3) the aircraft performance;

(4) the flight crew qualifications.”;

(n)omit point NCC.OP.226 (approach and landing conditions – helicopters);

(o)for point NCC.OP.230 (commencement and continuation of approach) substitute—

“NCC.OP.230 Commencement and continuation of approach

The pilot-in-command must ensure that:

(a)for aeroplanes, if the reported VIS, or controlling RVR, for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued:

(1) below 1000 ft above the aerodrome elevation; or

(2) into the FAS where the DH or the MDH is more than 1000 ft above the aerodrome elevation;

(b)for helicopters, if the reported RVR is less than 550 m and the controlling RVR for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued:

(1) below 1000 ft above the aerodrome elevation; or

(2) into the FAS where the DH or the MDH is more than 1000 ft above the aerodrome elevation.

For all aircraft:

(c)If the required visual reference is not established, a missed approach must be executed at, or before, the DA or DH or the MDA or MDH.

(d)If the required visual reference is not maintained after DA or DH or MDA or MDH, a go-around must be executed promptly.

(e)Notwithstanding point (a), in the case where no RVR is reported, and the reported VIS is less than the applicable minimum, but the converted meteorological visibility is equal to, or greater than, the applicable minimum then the instrument approach can be continued to the DA or DH or MDA or MDH.

(f)Notwithstanding points (a) and (b), if there is no intention to land, the instrument approach may be continued to the DA or DH or MDA or MDH. A missed approach must be executed at or before the DA or DH or MDA or MDH.”;

(p)after point NCC.OP.230 (commencement and continuation of approach) insert—

“NCC.OP.235 EFVS 200 operations

(a)When conducting EFVS 200 operations with operational credits and without a specific approval, an operator must ensure:

(1) the aircraft is certified for the intended operation;

(2) only runways, FATOs and IAPs suitable for EFVS operations are used;

(3) the flight crew members are competent to conduct the intended operation, and a training and checking programme for the flight crew members and relevant personnel involved in the flight preparation is established;

(4) operating procedures are established;

(5) any relevant information is documented in the minimum equipment list;

(6) any relevant information is documented in the maintenance programme;

(7) safety assessments are carried out and performance indicators are established to monitor the level of safety of the operation;

(8) the aerodrome operating minima take into account the capability of the system used.

(b)The operator must not conduct EFVS 200 operations when conducting LVOs.

(c)Notwithstanding point (a)(1), the operator may use EVS meeting the minimum criteria to conduct EFVS 200 operations, provided that this is approved by the CAA.”;

(3) In Subpart C (aircraft performance and operating limitations), in point NCC.POL.110 (mass and balance data and documentation), in points (a)(6) to (7) and (a)(9) after “fuel” insert “or energy”.

Amendment of Annex 7 to Commission Regulation (EU) No 965/2012

10.—(1) Annex 7 (non-commercial air operations with other-than complex motor-powered aircraft – part-NCO) is amended as follows.

(2) In Subpart B (operational procedures)—

(a)after point NCO.OP.100 (use of aerodromes and operating sites) insert—

“NCO.OP.101 Altimeter check and settings

The pilot-in-command must:

(a)check the proper operation of the altimeter before each departure;

(b)use appropriate altimeter settings for all phases of flight, taking into account any procedure prescribed by the State of the aerodrome or the State of the airspace, if applicable.”;

(b)omit point NCO.OP.105 (specification of isolated aerodromes – aeroplanes);

(c)in point NCO.OP.110 (aerodrome operating minima – aeroplanes and helicopters)—

(i)for point (a) substitute—

“(a)For IFR flights, the pilot-in-command must establish aerodrome operating minima for each planned departure aerodrome, destination aerodrome or alternate aerodrome in order to ensure separation of the aircraft from terrain and obstacles and to mitigate the risk of loss of visual references during the visual flight segment of instrument approach operations.”;

(ii)for points (b)(6) to (b)(9) substitute—

“(6) any conditions or limitations stated in the aircraft flight manual;

(7) the obstacles in the climb-out areas and clearance margins;

(8) the OCA or OCH in the IAP if established;

(9) the IAP, if established;

(10) the aerodrome characteristics and the type of air navigation service available;

(11) any minima promulgated by the State of the aerodrome, where available; and

(12) the conditions prescribed in any specific approvals for LVOs or operations with operational credits.”;

(d)for point NCO.OP.111 (aerodrome operating minima – NPA, APV, CAT1 operations) substitute—

“NCO.OP.111 Aerodrome operating minima – 2D and 3D approach operations

(a)The DH to be used for a 3D approach operation or 2D approach operation flown with the CDFA technique must not be lower than the highest of:

(1) the OCH for the category of aircraft;

(2) the published approach procedure DH or MDH, where applicable;

(3) the system minimum specified in Table 1; or

(4) the minimum DH specified in the aircraft flight manual or equivalent.

(b)The MDH for a 2D approach operation flown without the CDFA technique must not be lower than the highest of:

(1) the OCH for the category of aircraft;

(2) the published approach procedure MDH, where applicable;

(3) the system minimum specified in Table 1; or

(4) the minimum MDH specified in the aircraft flight manual, if stated.

(e)in point NCO.OP.112 (aerodrome operating minima – circling operations with aeroplanes), in point (b)—

(i)in point (2), for “2” substitute “1”;

(ii)omit point (3);

(f)for point NCO.OP.125 (fuel and oil supply – aeroplanes) substitute—

“NCO.OP.125 – Fuel, energy and oil supply -aeroplanes or helicopters

The pilot-in-command of an aircraft must:

(a)ensure that the aircraft carries a sufficient quantity of fuel or energy and oil, taking into account the weather conditions, any element affecting the performance of the aircraft, any delays that are expected in flight and any contingencies that may reasonably be expected to affect the flight;

(b)plan a quantity of fuel or energy to be protected as final reserve fuel or energy to ensure a safe landing, taking into account points (1) and (2), in that priority order, to determine the quantity of the final reserve fuel or energy:

(1) the severity of the hazard to persons or property that could result from an emergency landing after fuel or energy starvation;

(2) the likelihood of unexpected circumstances resulting in the final reserve fuel or energy may no longer be protected;

(c)commence a flight only if the aircraft carries sufficient fuel or energy and oil:

(1) when no destination alternate aerodrome is required, to fly to the aerodrome or operating site of intended landing, plus the final reserve fuel or energy; or

(2) when a destination alternate aerodrome is required, to fly to the aerodrome or operating site of intended landing, and afterwards, to an alternate aerodrome, plus the final reserve fuel or energy.”;

(g)omit point NCO.OP.126 (fuel and oil supply – helicopters);

(h)for point NCO.OP.140 (destination alternate aerodromes – aeroplanes) to point NCO.OP.142 (destination alternate aerodromes – instrument approach operations) substitute—

“NCO.OP.140 Destination alternate aerodromes – aeroplanes

For IFR flights, the pilot-in-command of an aeroplane must specify at least one destination alternate aerodrome in the flight plan, unless the latest available weather information for the destination, for the period from an hour before the ETA to an hour after the ETA or the period from the actual time of departure to an hour after the ETA, whichever is the shorter, indicates that there will be a ceiling of at least 1000 ft above the DH or MDH for an IAP and a visibility of at least 5000 metres.

NCO.OP.141 Destination alternate aerodromes – helicopters

For IFR flights, the pilot-in-command of a helicopter must specify at least one destination alternate aerodrome in the flight plan, unless the latest available weather information, for the period from an hour before the ETA to an hour after the ETA or the period from the actual time of departure to an hour after the ETA, whichever is the shorter, indicates that there will be a ceiling of at least 1000 ft above the DH or MDH for an IAP and a visibility of at least 3000 metres.

NCO.OP.142 Destination alternate aerodrome – instrument approach operations

The pilot-in-command of an aircraft must only select an aerodrome as a destination alternate aerodrome if either:

(a)an IAP that does not rely on GNSS is available either at the destination aerodrome or at a destination alternate aerodrome; or

(b)all of the following conditions are met:

(1) the onboard GNSS equipment is SBAS capable;

(2) the destination aerodrome, any destination alternate aerodrome, and the route between them are within SBAS service area;

(3) ABAS is predicted to be available in the event of the unexpected unavailability of SBAS;

(4) an IAP is selected (either at destination or destination alternate aerodrome) that does not rely on the availability of SBAS;

(5) an appropriate contingency action allows the flight to be completed safely in the event of the unavailability of GNSS.”;

(i)after point NCO.OP.142 insert—

“NCO.OP.143 Destination alternate aerodromes planning minima - aeroplanes

An aerodrome must not be specified as a destination alternate aerodrome for an aeroplane unless the latest available weather information indicates, for the period from an hour before until an hour after the ETA or the period from the actual time of departure to an hour after the ETA, whichever is the shorter, that:

(a)for an alternate aerodrome with an available instrument approach operation with DH less than 250 ft, there will be:

(1) a ceiling of at least 200 ft above the DH or MDH associated with the IAP, and

(2) a visibility of at least 1500 m; or

(b)for an alternate aerodrome with an instrument approach operation with DH or MDH 250 ft or more, there will be:

(1) a ceiling of at least 400 ft above the DH or MDH associated with the instrument approach operation; and

(2) a visibility of at least 3000m; or

(c)for an alternate aerodrome without an IAP, there will be:

(1) a ceiling of at least the higher of 2000 ft and the minimum safe IFR height; and

(2) a visibility of at least 5000 m.

NCO.OP.144 Destination alternate aerodromes planning minima - helicopters

An aerodrome must not be specified as a destination alternate aerodrome for a helicopter unless the available weather information indicates, for the period from 1 hour before until 1 hour after the ETA, or for the period from the actual time of departure to 1 hour after the ETA, whichever is the shorter, that:

(a)for an alternate aerodrome with an available IAP, there is:

(1) a ceiling of at least 200 ft above the DH or MDH associated with the IAP; and

(2) a visibility of at least 1500 m by day or 3000 m by night; or

(b)for an alternate aerodrome without an IAP:

(1) a ceiling of at least the higher of 2000 ft and the minimum safe IFR height; and

(2) a visibility of at least 1500 m by day or 3000 m by night.”;

(j)in point NCO.OP.145 (refuelling with passengers embarking, on board or disembarking), in point (b) after “fuel” insert “or energy”;

(k)after point NCO.OP.145, insert—

“NCO.OP.147 Refuelling with engine or rotors turning - helicopters

Refuelling a helicopter with engine running or rotors turning must only be conducted where all the following conditions are met:

(a)it is not practical to shut down or restart the engine;

(b)it is conducted in accordance with any specific procedures and limitations in the aircraft flight manual (AFM);

(c)only JET A or JET A-1 fuel types are being used;

(d)no passengers or task specialists are on board, embarking or disembarking;

(e)the operator of the aerodrome or operating site allows such operations;

(f)appropriate rescue and firefighting facilities or equipment are present; and

(g)it is conducted in accordance with a checklist that must contain:

(1) normal and contingency procedures;

(2) the required equipment;

(3) any limitations;

(4) responsibilities and duties of the pilot-in-command and, if applicable, crew members and task specialists.”;

(l)in point NCO.OP.175 (take-off conditions – aeroplanes and helicopters), for point (b) substitute—

“(b)the selected aerodrome operating minima are consistent with all of the following:

(1) the operative ground equipment;

(2) the operative aircraft systems;

(3) the aircraft performance;

(4) flight crew qualifications.”;

(m)for point NCO.OP.185 (in flight fuel management) substitute—

“NCO.OP.185 In-flight fuel management

(a)The pilot-in-command must monitor the amount of useable fuel or energy remaining on board to ensure that it is protected and not less than the fuel or energy that is required to proceed to an aerodrome or operating site where a safe landing can be made.

(b)The pilot-in-command of a controlled flight must advise air traffic control of a ‘minimum fuel or energy’ state by declaring “MINIMUM FUEL” when the pilot-in-command has:

(1) committed to land at a specific aerodrome or operating site; and

(2) calculated that any change to the existing clearance to that aerodrome or operating site, or other air traffic delays, may result in landing with less than the planned final reserve fuel or energy.

(c)The pilot-in-command of a controlled flight must declare a situation of ‘fuel or energy emergency’ by broadcasting ‘MAYDAY, MAYDAY, MAYDAY FUEL’ when the usable fuel or energy estimated to be available upon landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve fuel or energy.”;

(n)for point NCO.OP.205 (approach and landing conditions – aeroplanes) substitute—

“NCO.OP.205 Approach and landing conditions – aeroplanes and helicopters

Before commencing an approach to land, the pilot-in-command of an aircraft must be satisfied that:

(a)according to the information available, the weather conditions at the aerodrome or the operating site and the condition of the runway intended to be used will not prevent a safe approach, landing or missed approach; and

(b)the selected aerodrome operating minima take into consideration:

(1) the operative ground equipment;

(2) the operative aircraft system;

(3) the aircraft performance;

(4) flight crew qualifications.”;

(o)omit point NCO.OP.206 (approach and landing conditions – helicopters);

(p)for point NCO.OP.210 (commencement and continuation of approach – aeroplanes and helicopters) substitute—

“NCO.OP.210 Commencement and continuation of approach – aeroplanes and helicopters

(a)If the controlling RVR for the runway to be used for landing an aircraft is less than 550 m (or any lower value established in accordance with an approval under SPA.LVO) then an instrument approach operation must not be continued:

(1) below 1000 ft above the aerodrome elevation; or

(2) into the FAS if the DH or MDH is more than 1000 ft above the aerodrome elevation.

(b)If the required visual reference for an aircraft is not established, a missed approach must be executed at, or before, the DA or DH or the MDA or MDH.

(c)If the required visual reference for an aircraft is not maintained after DA or DH or MDA or MDH, a go-around must be executed promptly.”.

(3) In Subpart E (specific requirements), omit points NCO.SPEC.135 (fuel and oil supply - aeroplanes) and NCO.SPEC.140 (fuel and oil supply - helicopters).

Amendment of Annex 8 to Commission Regulation (EU) No 965/2012

11.—(1) Annex 8 (specialised operations – part-SPO) is amended as follows.

(2) In Subpart B (operational procedures)—

(a)after point SPO.OP.100 (use of aerodromes and operating sites) insert—

“SPO.OP.101 Altimeter check and settings

The operator must establish procedures for:

(a)altimeter checking before each departure;

(b)altimeter settings for all phases of flight which must take into account the procedures established by the State of the aerodrome or the State of the airspace if applicable.”;

(b)in point SPO.OP.105 (specification of isolated aerodromes – aeroplanes), after “fuel” insert “or energy”;

(c)for point SPO.OP.110 (aerodrome operating minima – aeroplanes and helicopters) substitute—

“SPO.OP.110 Aerodrome operating minima – aeroplanes and helicopters

(a)The operator of an aircraft must establish aerodrome operating minima for each departure aerodrome, destination aerodrome, or alternate aerodrome that is planned to be used in order to ensure separation of the aircraft from terrain and obstacles and to mitigate the risk of loss of visual references during the visual flight segment of instrument approach operations.

(b)The method used to establish the aerodrome operating minima must take the following elements into account:

(1) the type, performance and handling characteristics of the aircraft;

(2) the equipment available on the aircraft for the purpose of navigation, acquisition of visual references or control of the flight path during take-off, approach, landing and missed approach;

(3) any conditions or limitations in the aircraft flight manual;

(4) the dimensions and characteristics of the runways or FATOs that may be selected for use;

(5) the adequacy and performance of the available visual and non-visual aids and infrastructure;

(6) the OCA or OCH for the IAP;

(7) the obstacles in the climb-out areas and necessary clearance margins;

(8) any non-standard characteristics of the aerodrome, the IAP or the local environment;

(9) the composition of the flight crew, their competence and experience;

(10) the IAP;

(11) the aerodrome characteristics and the available air navigation services;

(12) any minima promulgated by the State of the aerodrome;

(13) the conditions prescribed in any specific approvals for LVOs or operations with operational credits;

(14) the relevant operational experience of the operator.

(c)The operator must specify a method of determining aerodrome operating minima for aircraft in the operations manual.”;

(d)omit point SPO.OP.111 (aerodrome operating minima – NPA, APV, CAT I operations);

(e)in point SPO.OP.112 (aerodrome operating minima – circling operations with aeroplanes), in point (b)—

(i)in point (2), for “2” substitute “1”;

(ii)omit point (3);

(f)for points SPO.OP.130 (fuel and oil supply - aeroplanes) and SPO.OP.131 (fuel and oil supply - helicopter) substitute—

“SPO.OP.130 – Fuel scheme - aeroplanes and helicopters

(a)The operator must establish, implement and maintain a fuel scheme for aircraft that comprises:

(1) a fuel or energy planning and in-flight replanning policy; and

(2) an in-flight fuel or energy management policy.

(b)The fuel scheme must:

(1) be appropriate to the type of operation performed; and

(2) correspond to the capability of the operator to support its implementation.

SPO.OP.131 – Fuel scheme – fuel or energy planning and in flight replanning policy - aeroplanes and helicopters

(a)As part of the fuel scheme, the operator must establish a fuel or energy planning and in-flight replanning policy to ensure that the aircraft carries a sufficient amount of usable fuel or energy to safely complete the planned flight and to allow for deviations from the planned operation.

(b)The operator must ensure that the fuel or energy planning of flights is based upon at least the following elements:

(1) procedures contained in the operation manual as well as:

(i)current aircraft specific data derived from a fuel or energy consumption monitoring system or, if not available;

(ii)data provided by the aircraft manufacturer; and

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

(i)aircraft fuel or energy consumption data;

(ii)anticipated masses;

(iii)anticipated weather conditions;

(iv)the effects of deferred maintenance items, or configuration deviations, or both; and

(v)anticipated delays.

(c)For aeroplanes, the operator must ensure that the pre-flight calculation of the usable fuel or energy that is required for a flight includes:

(1) taxi fuel or energy that is not less than the amount expected to be used prior to take-off;

(2) trip fuel or energy that must be the amount of fuel or energy that is required to enable the aeroplane to fly from take-off, or from the point of in-flight replanning, to landing at the destination aerodrome;

(3) contingency fuel;

(4) destination alternate fuel or energy:

(i)when a flight is operated with at least one destination alternate aerodrome, it must be the amount of fuel or energy required to fly from the destination aerodrome to the destination alternate aerodrome; or

(ii)when a flight is operated with no destination alternate aerodrome, it must be the amount of fuel or energy required to hold at the destination aerodrome to compensate for the lack of a destination alternate aerodrome;

(5) final reserve fuel or energy that must be protected to ensure a safe landing; the operator must take into account points (i) and (ii), in that priority order, to determine the quantity of the final reserve of fuel or energy:

(i)the severity of the hazard to persons or property that may result from an emergency landing after fuel or energy starvation;

(ii)the likelihood of unexpected circumstances that the final reserve or fuel or energy may no longer be protected;

(6) additional fuel or energy, if required by the type of operation, which must be the amount of fuel or energy to enable the aeroplane to perform a safe landing at a FE ERA aerodrome (FE ERA aerodrome critical scenario) in the event of an engine failure or loss of pressurisation, whichever requires the greater amount of fuel or energy, based on the assumption that such a failure occurs at the most critical point along the route; this additional fuel or energy is required only if the minimum amount of fuel or energy that is calculated according to points (c)(2) to (c)(5) is not sufficient for such an event;

(7) extra fuel or energy to take into account anticipated delays or specific operational constraints; and

(8) discretionary fuel or energy, if required by the pilot-in-command.

(d)For helicopters, the operator must ensure that pre-flight calculation of the usable fuel or energy that is required for a flight includes:

(1) fuel or energy to fly to the aerodrome or operating site of intended landing;

(2) if a destination alternate aerodrome is required, destination alternate fuel or energy, which is the amount of fuel or energy that is required to execute a missed approach at the aerodrome or operating site of intended landing and afterwards, to fly to the specified destination alternate aerodrome, approach and land; and

(3) final reserve fuel or energy which must be protected to ensure a safe landing; the operator must take into account points (i) and (ii), in that priority order, to determine the quantity of the final reserve fuel or energy;

(i)the severity of the hazard to persons or property that may result from an emergency landing after fuel or energy starvation;

(ii)the likelihood of unexpected circumstances such that the final reserve of fuel or energy may no longer be protected;

(4) extra fuel or energy to take into account anticipated delays or specific operational constraints; and

(5) discretionary fuel or energy, if required by the pilot-in-command.

(e)The operator must ensure that if a flight has to proceed to a destination aerodrome other than the one originally planned, in-flight replanning procedures for calculating the required usable fuel or energy are available and comply with points (c)(2) to (c)(7) for aeroplanes, and point (d) for helicopters.

(f)The pilot-in-command must only commence a flight or continue in the event of in-flight replanning, when satisfied that the aircraft carries at least the planned amount of usable fuel or energy and oil to safely complete the flight.”;

(g)after point SPO.OP.140 (flight preparation) insert—

“SPO.OP.143 Destination alternate aerodrome planning minima – aeroplanes

An aerodrome must not be specified as a destination alternate aerodrome for an aeroplane unless the latest available weather information indicates, for the period from an hour before the ETA to an hour after the ETA, or for the period from actual time of departure to an hour after the ETA, whichever is the shorter that:

(a)for an alternate aerodrome with an instrument approach operation with DH less than 250 ft, there will be:

(1) a ceiling of at least 200 ft above the DH or MDH associated with the instrument approach operation; and

(2) a visibility of at least the higher of 1500 m or 800 m above the instrument approach operation RVR or VIS minima; or

(b)for an alternate aerodrome with an instrument approach operation with DH or MDH 250 ft or more, there will be:

(1) a ceiling of at least 400 ft above the DH or MDH associated with the instrument approach operation; and

(2) a visibility of at least 3000 m; or

(c)for an alternate aerodrome without an IAP, there will be:

(1) a ceiling of at least the higher of 2000 ft and the minimum safe IFR height; and

(2) a visibility of at least 5000 m.

SPO.OP.144 Destination alternate aerodrome planning minima - helicopters

The operator must not select an aerodrome as a destination alternate aerodrome for a helicopter unless the available weather information indicates, for the period from 1 hour before the ETA until 1 hour after the ETA, or for the period from the actual time of departure to 1 hour after the ETA, whichever is the shorter, that:

(a)for an alternate aerodrome without an IAP, there is:

(1) a ceiling of at least 200 ft above the DH or MDH associated with the IAP; and

(2) a visibility of at least 1500 m by day, or 3000 m by night; or

(b)for an alternate aerodrome without an IAP, there is:

(1) a ceiling of at least 2000 ft or the minimum safe IFR height, whichever is greater; and

(2) a visibility of at least 1500 m by day or 3000 m by night.”;

(h)in point SPO.OP.150 (destination alternate aerodromes – aeroplanes), in point (b), for “isolated” substitute “designated as an isolated aerodrome”;

(i)in point SPO.OP.155 (refuelling with persons embarking, on board or disembarking), in point (b), after “fuel” insert “or energy”;

(j)after point SPO.OP.155, insert—

“SPO.OP.157 Refuelling with engine or rotors turning – helicopter

(a)Refuelling of a helicopter with engine running or rotors turning must only be conducted:

(1) with no task specialists embarking or disembarking;

(2) if the operator of the aerodrome or operating site allows such operations;

(3) in accordance with any specific procedures and limitations in the aircraft flight manual.

(4) with JET A or JET A-1 fuel types; and

(5) in the presence of appropriate rescue and firefighting facilities or equipment.

(b)The operator must:

(i)establish appropriate procedures to be followed by all involved personnel, such as crew members, task specialists, and ground operations personnel;

(ii)assess the risks associated with refuelling a helicopter with engine running or engine running and rotors turning;

(iii)ensure that its crew members, ground operations personnel, as well as any task specialist involved in the procedures, are appropriately trained;

(iv)ensure that the helicopter refuelling procedures with engine, or rotors turning, or both, is specified in the operations manual.”;

(k)in point SPO.OP.180 (take-off conditions – aeroplanes and helicopters), for point (b) substitute—

“(b)the selected aerodrome operating minima are consistent with the following:

(1) the operative ground equipment;

(2) the operative aircraft systems;

(3) the aircraft performance;

(4) flight crew qualifications.”;

(l)for point SPO.OP.190 (in-flight fuel management) substitute—

“SPO.OP.190 Fuel scheme – in-flight fuel management policy

(a)The operator of complex motor-powered aircraft must establish procedures to ensure that in-flight fuel or energy checks and fuel or energy management are performed.

(b)The pilot-in-command must monitor the amount of useable fuel or energy remaining on board to ensure that it is protected and not less than the fuel or energy that is required to proceed to an aerodrome or operating site where a safe landing can be made.

(c)The pilot-in-command must advise air traffic control of a ‘minimum fuel or energy’ state by declaring ‘MINIMUM FUEL’ when the pilot-in-command has:

(1) committed to land at a specific aerodrome or operating site; and

(2) calculated that any change to the existing clearance to that aerodrome or operating site, or other air traffic delays, may result in landing with less that the planned final reserve fuel or energy.

(d)The pilot-in-command must declare a situation of ‘fuel or energy emergency’ by broadcasting ‘MAYDAY MAYDAY MAYDAY FUEL’ when the useable fuel or energy estimated to be available on landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve of fuel or energy.”;

(m)for point SPO.OP.210 (approach and landing conditions – aeroplanes) substitute—

“SPO.OP.210 Approach and landing conditions – aeroplanes and helicopters

Before commencing an approach operation, the pilot-in-command of the aircraft must be satisfied that:

(a)the weather conditions at the aerodrome or the operating site and the condition of the runway or FATO intended to be used will not prevent a safe approach, landing or go-around, considering the performance information contained in the operations manual; and

(b)the selected aerodrome operating minima are consistent with:

(1) the operative ground equipment;

(2) the operative aircraft systems;

(3) the aircraft performance;

(4) flight crew qualifications.”;

(n)omit point SPO.OP.211 (approach and landing conditions – helicopters);

(o)for point SPO.OP.215 (commencement and continuation of approach – aeroplanes and helicopters) substitute—

“SPO.OP.215 Commencement and continuation of approach – aeroplanes and helicopters

(a)For aeroplanes, if the reported VIS or controlling RVR for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued:

(1) below 1000 ft above the aerodrome elevation; or

(2) into the FAS where the DH or MDH is more than 1000 ft above the aerodrome elevation.

(b)For helicopters, if the reported RVR is less than 550 m and the controlling RVR for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued:

(1) below 1000 ft above the aerodrome elevation; or

(2) into the FAS where the DH or MDH is more than 1000 ft above the aerodrome elevation.

For all aircraft:

(c)If the required visual reference is not established, a missed approach must be executed at, or before, the DA or DH or the MDA or MDH.

(d)If the required visual reference is not maintained after the DA or DH or MDA or DH, a go-around must be executed promptly.

(e)Notwithstanding point (a), in the case where no RVR is reported, and the reported VIS is less than the applicable minimum, but the converted weather visibility is equal or greater than the applicable minimum, the instrument approach can be continued to the DA or DH or MDA or MDH.

(f)Notwithstanding points (a) and (b), if there is no intention to land, the instrument approach may be continued to the DA or DH or MDA or DH. A missed approach must be executed at or before the DA or DH or the MDA or DH.”;

(p)after point SPO.OP.230 (standard operating procedures) insert—

“SPO.OP.235 EFVS 200 operations

(a)When conducting EFVS 200 operations with operational credits and without a specific approval, an operator must ensure:

(1) the aircraft is certified for the intended operation;

(2) only runways, FATOs and IAPs suitable for EFVS operations are used;

(3) the flight crew are competent to conduct the intended operation and a training and checking programme for the flight crew members and relevant personnel involved in the flight preparation is established;

(4) operating procedures are established;

(5) any relevant information is documented in the minimum equipment list;

(6) any relevant information is documented in the maintenance programme;

(7) safety assessments are carried out and performance indicators are established to monitor the level of safety of the operation;

(8) the aerodrome operating minima take into account the capability of the system used.

(b)The operator must not conduct EFVS 200 operations when conducting LVOs.

(c)Notwithstanding point (a)(1), the operator may use EVS meeting the minimum criteria to conduct EFVS 200 operations, provided that this is approved by the CAA.”.

(3) In Subpart C (aircraft performance and operating limitations)—

(a)in point SPO.POL.110 (mass and balance system etc.), in points (a) and (c), after each occurrence of “fuel” insert “or energy”;

(b)in point SPO.POL.115 (mass and balance data and documentation etc.), in point (a) after each occurrence of “fuel” insert “or energy”.

(4) In Subpart D (instruments, data and equipment), in section 2 (helicopters), in point SPO.IDE.H.146 (lightweight flight recorder), in point (a)(1), after “they are” insert “not”.