Date: 2023-02-02Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2023/217 of 1 February 2023 correcting Regulation (EU) No 965/2012, as regards some inconsistencies in requirements introduced by Implementing Regulation (EU) 2019/1387, and Regulations (EU) 2021/1296 and (EU) 2021/2237
Issued by European Commission
· Directorate-General for Mobility and Transport
Executive Summary:
This Commission Implementing Regulation (EU) 2023/217 corrects inconsistencies in Regulation (EU) No 965/2012, specifically addressing errors introduced by Implementing Regulations (EU) 2019/1387, 2021/1296, and 2021/2237. It amends Annexes III, IV, and VIII of Regulation (EU) No 965/2012. The regulation entered into force on February 22, 2023, with point 3 of the Annex applied retroactively from October 30, 2022.
Key Points / Main Content:
Corrections to Annex III Part ORO:
* ORO.FC.146f is corrected to reference ORO.FC.005b1 for CAT aeroplane operations.
Corrections to Annex IV Part CAT:
* CAT.POL.A.215c is corrected regarding fuel jettisoning and reaching the aerodrome after engine failure, in accordance with CAT.OP.MPA.181.
* CAT.POL.A.230e is corrected to specify cumulative requirements for dispatching aeroplanes, considering both the most favorable runway in still air and the runway most likely to be assigned.
* CAT.POL.A.235e is corrected to specify cumulative requirements for dispatching aeroplanes, considering both the most favorable runway in still air and the runway most likely to be assigned.
* CAT.POL.A.415e is corrected regarding fuel jettisoning and reaching the aerodrome after engine failure, in accordance with CAT.OP.MPA.181.
Corrections to Annex VIII Part SPO:
* SPO.POL.110 is amended to reintroduce points d and e, specifying requirements for aircraft loading, mass and balance, and the operator's responsibilities in defining related principles and methods in the operations manual.
Impact Analysis:
Aircraft Operators:
* Impact: Must adhere to corrected regulations for flight operations, aeroplane dispatching, fuel planning, and mass and balance procedures.
* Action Required: Review and update operational procedures and manuals to reflect the corrections in Annexes III, IV, and VIII, ensuring compliance with the corrected points, specifically regarding aeroplane dispatching requirements, fuel jettisoning procedures, and aircraft loading/mass and balance systems.
Flight Crew:
* Impact: Must comply with updated procedures related to dispatching, fuel management, and aircraft loading.
* Action Required: Familiarize themselves with the changes to operational procedures, especially regarding dispatching requirements and fuel jettisoning and aircraft loading/mass and balance systems.
National Aviation Authorities:
* Impact: Responsible for oversight and enforcement of the corrected regulations within their jurisdiction.
* Action Required: Ensure that operators within their jurisdiction implement the corrections and comply with the amended regulations, with a particular focus on aeroplane dispatching requirements, fuel jettisoning procedures, and aircraft loading/mass and balance systems.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
European Parliament: The parliamentary body of the European Union that shares legislative and budgetary power with the Council of the European Union.
Council of the European Union: One of the two legislative bodies of the European Union and representing the governments of the EU member states.
Regulation EU No 965/2012: A Commission Regulation laying down technical requirements and administrative procedures related to air operations pursuant to Regulation EC No 216/2008 of the European Parliament and of the Council.
Regulation EU 2018/1139: Regulation of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency.
Brussels: The location where the regulation was adopted.
European Union Aviation Safety Agency: An agency of the European Union (EU) with responsibility for civil aviation safety.
2.2.2023 EN Official Journal of the European Union L 30/11
COMMISSION IMPLEMENTING REGULATION (EU) 2023/217
of 1 February 2023
correcting Regulation (EU) No 965/2012, as regards some inconsistencies in requirements
introduced by Implementing Regulation (EU) 2019/1387, and Regulations (EU) 2021/1296 and (EU)
2021/2237
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018on common
rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC)
No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU
of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the
European Parliament and of the Council and Council Regulation (EEC) No 3922/91(1), and in particular Article 31 thereof,
Whereas:
(1) Commission Implementing Regulation (EU) 2021/2237(2)amended point ORO.FC.146 of Annex III (Part-ORO) to
Commission Regulation (EU) No 965/2012(3). The reference in point ORO.FC.146(f)(2) to point ORO.FC.005(b)(2)
needs to be replaced by the reference to point ORO.FC.005(b)(1), which is the point relevant for aeroplane
operations.
(2) In amending points CAT.POL.A.230 and CAT.POL.A.235 of Annex IV (Part-CAT) to Regulation (EU) No 965/2012,
Commission Implementing Regulation (EU) 2019/1387(4) introduced a mistake regarding the dispatching of
aeroplanes. The requirements in points CAT.POL.A.230(e) and CAT.POL.A.235(e) should be applied cumulatively,
not alternatively.
(3) Commission Implementing Regulation (EU) 2021/1296(5) introduced amendments to point CAT.OP.MPA.150 of
Annex IV (Part-CAT) to Regulation (EU) No 965/2012. Those amendments have inadvertently not been
accompanied by consequential amendments to points CAT.POL.A.215 and CAT.POL.A.415 in that Annex. As a
result, the relevant legal reference is erroneous and that error should be corrected.
(4) Implementing Regulation (EU) 2021/1296 amended as well point SPO.POL.110 of Annex VIII (Part-SPO) to
Regulation (EU) No 965/2012, by replacing points (a), (b) and (c) of that point. However, the amendment also
deleted former points (d) and (e), which was not the intention. Therefore, former points (d) and (e) of SPO.POL.110
should be reintroduced with effect from the date of application of Regulation (EU) 2021/1296, namely from
30 October 2022.
(5) Regulation (EU) No 965/2012 should therefore be corrected accordingly.
(6) The requirements laid down in this Regulation are in accordance with the opinion of the Committee for the
application of common safety rules in the field of civil aviation,
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Implementing Regulation (EU) 2021/2237 of 15 December 2021 amending Regulation (EU) No 965/2012 as regards the
requirements for all-weather operations and for flight crew training and checking (OJ L 450, 16.12.2021, p. 21).
(3) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures
related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296,
25.10.2012, p. 1).
(4) Commission Implementing Regulation (EU) 2019/1387 of 1 August 2019 amending Regulation (EU) No 965/2012 as regards
requirements for aeroplane landing performance calculations and the standards for assessing the runway surface conditions, update on
certain aircraft safety equipment and requirements and operations without holding an extended range operational approval (OJ L 229,
5.9.2019, p. 1).
(5) Commission Implementing Regulation (EU) 2021/1296 of 4 August 2021 amending and correcting Regulation (EU) No 965/2012 as
regards the requirements for fuel/energy planning and management, and as regards requirements on support programmes and
psychological assessment of flight crew, as well as testing of psychoactive substances (OJ L 282, 5.8.2021, p. 5).L 30/12 EN Official Journal of the European Union 2.2.2023
HAS ADOPTED THIS REGULATION:
Article 1
Annexes III (Part-ORO), IV (Part-CAT), and VIII (Part-SPO) to Regulation (EU) No 965/2012 are corrected in accordance
with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Point 3 of the Annex shall apply from 30 October 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 February 2023.
For the Commission
The President
Ursula VON DER LEYEN2.2.2023 EN Official Journal of the European Union L 30/13
ANNEX
Annexes III, IV and VIII to Regulation (EU) No 965/2012 are corrected as follows:
(1) in point ORO.FC.146(f) of Annex III (Part-ORO), point (2) is replaced by the following:
‘(2) CAT operations of aeroplanes meeting the criteria defined in point ORO.FC.005(b)(1).’;
(2) Annex IV (Part-CAT) is corrected as follows:
(a) in point CAT.POL.A.215(c), point (3) is replaced by the following:
‘(3) fuel jettisoning is permitted to an extent consistent with reaching the aerodrome where the aeroplane is
assumed to land after engine failure with the required fuel reserves in accordance with point CAT.OP.
MPA.181, appropriate for an alternate aerodrome, if a safe procedure is used;’;
(b) in point CAT.POL.A.230, point (e) is replaced by the following:
‘(e) For dispatching the aeroplane, the aeroplane shall:
(1) land on the most favourable runway, in still air; and
(2) land on the runway most likely to be assigned, considering the probable wind speed and direction, the
ground-handling characteristics of the aeroplane and other conditions such as landing aids and terrain.’;
(c) in point CAT.POL.A.235, point (e) is replaced by the following:
‘(e) For dispatching the aeroplane, the aeroplane shall:
(1) land on the most favourable runway, in still air; and
(2) land on the runway most likely to be assigned, considering the probable wind speed and direction, the
ground-handling characteristics of the aeroplane and other conditions such as landing aids and terrain.’;
(d) in point CAT.POL.A.415, point (e) is replaced by the following:
‘(e) Fuel jettisoning is permitted to an extent consistent with reaching the aerodrome where the aeroplane is
assumed to land after engine failure with the required fuel reserves in accordance with point CAT.OP.
MPA.181, appropriate for an alternate aerodrome, if a safe procedure is used.’;
(3) in point SPO.POL.110 of Annex VIII (Part-SPO), the following points (d) and (e) are added, amending:
‘(d) The pilot-in-command shall ensure the following:
(1) the loading of the aircraft is performed under the supervision of qualified personnel;
(2) traffic load is consistent with the data used for the calculation of the aircraft mass and balance.
(e) The operator shall specify, in the operations manual, the principles and methods involved in the loading and in the
mass and balance system, which are in conformity with the requirements set out in points (a) to (d). That system
shall cover all types of intended operations.’.