Key Benefits:
Publics concerned: aircraft operators used in general aviation and air operations - operators carrying out commercial air transport in a balloon or glider - operators carrying commercial air transport through certain aircraft or helicopters during circular flights.
Subject: to determine the modalities of transition between the rules in force on the date of publication of this Order and the European rules defined in Regulation (EU) No. 965/2012 amended of the Commission of 5 October 2012 determining the technical requirements and administrative procedures applicable to air operations in accordance with Regulation (EC) No. 216/2008 of the European Parliament and the Council.
Entry into force: the text comes into force on the day after its publication.
Notice: This text sets out the dates and modalities for obtaining an air carrier certificate in accordance with Regulation (EU) No. 965/2012 amended for operators carrying on commercial air transport in a balloon or glider and for operators carrying on commercial air transport using certain aircraft or helicopters used during circular flights. Among these operators, those who, in the national regulatory framework and in particular under section R. 330-1 of the Civil Aviation Code, were exempted from the possession of an air carrier certificate must obtain such a certificate as of April 21, 2017 if they wish to continue their activity.
This text also sets out the dates and procedures for the application of amended Regulation (EU) No. 965/2012 for aircraft operators used in general aviation and air operations.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Energy,
Having regard to amended Regulation (EC) No. 216/2008 of the European Parliament and Council of 20 February 2008 concerning common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Council Regulation (EC) No. 1592/2002 and Directive 2004/36/EC;
Considering amended Regulation (EU) No. 1178/2011 of the Commission of 3 November 2011 determining the technical requirements and administrative procedures applicable to civil aviation personnel in accordance with Regulation (EC) No. 216/2008 of the European Parliament and the Council;
Having regard to amended Regulation (EU) No. 965/2012 of the Commission of 5 October 2012 determining the technical requirements and administrative procedures applicable to air operations in accordance with Regulation (EC) No. 216/2008 of the European Parliament and the Council;
Considering the transport code;
Considering the Civil Aviation Code, including its article R. 330-1;
Considering the amended decision of 24 July 1991 on the conditions of use of civil aircraft in general aviation;
Having regard to the April 23, 2004 Order on various provisions for public air transport by helicopters (OPS 3R);
In view of the March 6, 2013 decision on the conditions for the use of free hot air balloons operated by a public air carrier,
Stop it!
This Order, with the exception of section 20, applies to the operation of aircraft under amended Regulation (EC) No. 216/2008 and:
- registered in France, unless the security regulatory supervision to which they are subject has been delegated to a third country and are not used by an operator of the Union; or
- registered in a third country and used by an operator whose activities France supervises; or
- registered in a third country and used to, within or from the Union, by an operator established or resident in France.
In the following articles:
(a) Complex engine aeroplane:
- having a maximum certified take-off weight greater than 5,700 kg; or
- certified for maximum passenger seat configuration greater than nineteen; or
- certified to be operated by a minimum flight crew of at least two pilots; or
- equipped with one or more turbojets or more than one turboprop;
(b) Complex engine helicopter, certified helicopter:
- for maximum take-off weight greater than 3,175 kg; or
- for maximum passenger seat configuration greater than nine; or
- for operation by a minimum flight crew of at least two pilots;
(c) Performance Class B aircraft: a propeller aircraft with a maximum passenger seat configuration (MOPSC) of up to nine and a maximum take-off weight of 5,700 kg or less;
(d) Specialized operation: any operation for purposes other than commercial air transport, consisting of using an aircraft for specialized activities such as agriculture, construction, photography, topographical surveys, observation, patrols and air advertising;
(e) High-risk commercial specialized operation: any commercial specialized operation carried out above an area where the safety of third parties on the ground is likely to be compromised in the event of an emergency or, according to the criteria of the competent authority of the place where the operation is carried out, any commercial specialized operation that, due to its particular nature and the local environment in which it takes place, carries a significant risk, especially to third parties on the ground;
(f) Discovery flight: any flight made against pay or any other expensive title, consisting of a short-term air trip, proposed by an accredited training organization or an organization created to promote sport and leisure aviation and to attract new trainees or new members.
(g) Competition flight, any air navigation activity consisting of the use of an aircraft for races or competitions, as well as to practise and to rally or leave a place of racing or competition;
(h) Parade Flight: any air navigation activity that specifically involves a demonstration or a show at a public event, as well as the use of an aircraft to practice and to rally or leave the venue of the event.
The articles of this title shall apply to any operator who carries out or disposes of commercial air transport operations by:
- balloons; or
- gliders; or
- B-class aircraft or non-complex motorized helicopters from and to the same aerodrome or operating site.
They are not applicable:
- for shared flights by individuals, provided that the direct cost is distributed among all aircraft occupants, including the pilot, and that the number of persons with direct costs does not exceed six; neither
- the discovery flights carried out either by a training organization whose principal establishment is in a Member State and approved in accordance with Regulation (EU) No. 1178/2011, or by an organization created to promote sport and leisure aviation, provided that the organization operates the aircraft in ownership or in the framework of a bare hull lease contract, that the flight does not produce any profit distributed outside the organization and
The flights referred to in the two paragraphs above are subject to the provisions of heading II.
Pursuant to paragraph 5 of Article 11 of the amended Regulation (EU) No. 965/2012, Annexes I to V of the Regulations are applicable as of April 21, 2017 subject to the provisions of Articles 4 to 7 below.
Operator identification.
Any operator referred to in section 2 subject to the provisions of this title and not holding an air carrier certificate shall notify the Minister for Civil Aviation of his or her activities by e-mail and propose a schedule in accordance with sections 3 and 5, including the planned date of implementation of Schedules III, IV and V of amended Regulation (EU) No. 965/2012. This information and timeline are transmitted by the operator:
- before April 21, 2016 if it began its activity before that date;
- from the beginning of its activity if it starts from April 21, 2016 to October 21, 2016.
Initial air carrier certificate application.
Any operator who commences operations after October 21, 2016 shall comply with the provisions of Schedules III, IV and V to Regulation (EU) No. 965/2012 amended to obtain an air carrier certificate in accordance with the regulations.
Measures for operators with air carrier certificates.
Air carrier certificates that have not been issued pursuant to amended Regulation (EU) No. 965/2012 are no longer valid as of April 21, 2017.
Any operator shall, by 21 October 2016, transmit a schedule for the adaptation of the management system, training programs, procedures and manuals for the issuance, by 21 April 2017, of an air carrier certificate in accordance with Schedules III, IV and V of the amended Regulation (EU) No. 965/2012.
The Minister for Civil Aviation may, effective October 21, 2016, upon request of the operator and subject to compliance with Schedules III, IV and V of Regulation (EU) No. 965/2012, issue an air carrier certificate on the basis of the said regulations.
Transitional provisions.
Until April 21, 2017 any provision made in advance to ensure compliance with a amended Regulation (EU) No. 965/2012 is deemed to be in compliance with the regulations in force.
Applicability.
Sections of this heading are applicable to operators of complex and non-complex aircraft when used for non-commercial purposes.
Implementation. - All operators under this heading.
Pursuant to paragraph 3 of Article 11 of the amended Regulation (EU) No. 965/2012, Annexes III, V, VI and VII of the Regulations are applicable as of 25 August 2016 subject to the provisions of Articles 10 to 12 below.
Identification of operators of complex powered aircraft or complex powered helicopters.
Any operator of a complex powered aircraft or a complex powered helicopter shall notify the Minister for Civil Aviation of his or her activities by single mail and indicate the planned date for the implementation of Schedules III, V and VI of the amended Regulation (EU) No. 965/2012. This information is transmitted by the operator:
- before 25 August 2015 if it began its activity before that date;
- from the beginning of its activity if it begins after 25 August 2015 and before 25 August 2016.
Transitional arrangements for operators of complex powered aircraft and complex powered helicopters. - Early application.
Any operator of a complex powered aircraft or a complex powered helicopter may choose to comply, as of February 25, 2016, with the provisions of Schedules III, V and VI of amended Regulation (EU) No. 965/2012. It declares its activity to the Minister for Civil Aviation in accordance with paragraph ORO.DEC.100 of Schedule III to Regulation (EU) No. 965/2012 amended before any implementation of these provisions. It is then monitored in accordance with the provisions of Schedule II to the Regulations.
Minimum list of equipment, training programs for dangerous goods, specific approvals.
Before February 25, 2016, any operator shall address the Minister for Civil Aviation:
- for all aircraft and operations that require it, a specific licence application file pursuant to Schedule V to amended Regulation (EU) No. 965/2012 to obtain such approvals before 25 August 2016;
- for each complex powered aircraft it operates, training programmes on dangerous goods for its personnel and established in accordance with ORO.GEN.110 of amended Regulation (EU) No. 965/2012, to be approved by 25 August 2016;
- for each complex engine aircraft it operates, the minimum list of equipment established in accordance with ORO.MLR.105 of amended Regulation (EU) No. 965/2012, to be approved by 25 August 2016.
Notwithstanding the provisions of the preceding paragraph and pursuant to the provisions of Article 9 of amended Regulation (EU) No. 965/2012, the minimum lists of equipment (MES) approved by the State of the operator or the State of registration before 25 August 2016 are deemed to be approved.
Applicability.
Sections of this title apply to aircraft operators when used in specialized operations.
Pursuant to paragraph 4 of Article 11 of the amended Regulation (EU) No. 965/2012, subject to the provisions of Articles 16 to 19 below, Annexes V and VII of the Regulations are applicable as of 25 August 2016 to the operation of non-complex motorized aircraft used:
- specialized non-commercial exploitation;
- during parade or competition flights, provided that the remuneration or any other remuneration for these flights is limited to the coverage of direct costs and a contribution proportionate to annual costs, as well as to prices not exceeding an amount specified by the Minister for Civil Aviation;
- on flights of paratrooper larg, towing of gliders or acrobatic flights carried out either by a training organization whose principal establishment is in a Member State and approved in accordance with Regulation (EU) No. 1178/2011, or by an organization created to promote sport and leisure aviation, provided that the organization operates the aircraft in property or in the context of a lease agreement
Pursuant to paragraph 4 of Article 11 of Regulation (EU) No. 965/2012 as amended, subject to the provisions of Articles 16 to 19 below, Annexes III, V and VIII of the Regulations are applicable as of 21 April 2017:
- the operation of complex motorized aircraft used in specialized operation; and
- the operation of non-complex motorized aircraft used in commercial specialty operations other than parade, competition, paratrooper largging, glider towing or acrobatic flights referred to in Article 14.
Identification.
Any operator referred to in section 15 shall notify the Minister for Civil Aviation of his or her activities by single mail and indicate the planned date of implementation of Schedules III, V and VIII of the amended Regulation (EU) No. 965/2012. This information is transmitted by the operator:
- before April 21, 2016 if it began its activity before that date;
- from the beginning of its activity if it begins after April 21, 2016.
Transitional provisions. - Early application.
Effective August 25, 2016, any operator:
- anticipates the application of Schedule VIII of amended Regulation (EU) No. 965/2012, in which case it complies with Schedules III, V and VIII of this Regulation, after having declared its activity or obtained an authorization from the Minister for Civil Aviation, in accordance with paragraphs ORO.SPO.100 and ORO.SPO.110 of Schedule III of the amended Regulation (EU) No. 965/2012; or
- does not anticipate the application of Schedule VIII of amended Regulation (EU) No. 965/2012, in which case it conforms, on the one hand, to Annexes III, V and VI of this Regulation for the use of complex aircraft or its Annexes V and VII for the use of non-complex aircraft, on the other hand, in Chapters III and VIII of the Annex to the decision of 1991 On April 21, 2017 the operator shall comply with the provisions of Schedules III, V and VIII of Regulation (EU) No. 965/2012 amended.
Authorizations related to high-risk commercial specialty operations.
Prior to October 21, 2016, any operator referred to in section 15 and subject to the requirement to hold an authorization for a high-risk commercial specialty operation, pursuant to ORO.SPO.110 of the amended Regulation (EU) No. 965/2012, shall address to the Minister for Civil Aviation the information described in paragraph ORO.SPO.110 (b) in order to obtain that authorization before April 21, 2017.
Minimum Equipment Lists, Training Programs for Dangerous Goods and Specific Approvals.
Before October 21, 2016, any operator referred to in section 15 shall address the Minister for Civil Aviation:
- for all aircraft and operations that require it: a specific licence application file pursuant to Schedule V to amended Regulation (EU) No. 965/2012 to obtain such approvals;
- training programmes for its personnel on dangerous goods, established in accordance with ORO.GEN.110 of amended Regulation (EU) No. 965/2012, to be approved by 25 August 2016;
- the minimum list of equipment for each aircraft it operates, established in accordance with ORO.MLR.105 of amended Regulation (EU) No. 965/2012, to be approved by April 21, 2017.
Notwithstanding the provisions of the preceding paragraph and pursuant to the provisions of Article 9 of the amended Regulation (EU) No. 965/2012, the minimum lists of equipment (MES) approved by the State of the operator or the State of registration before April 21, 2017 are deemed to be approved.
Prior to February 25, 2016, any operator referred to in section 14 shall address to the Minister for Civil Aviation, if any, a specific licence application file pursuant to Schedule V to amended Regulation (EU) No. 965/2012 to obtain such approvals by August 25, 2016.
Any aircraft operator under amended Regulation (EC) No. 216/2008, provided that it is subject to the regulation of another Member State and complies with the amended Regulation (EU) No. 965/2012, is not required to comply with the national provisions that Regulation (EU) No. 965/2012 has replaced.
The decision of 20 February 2013 on the application of Commission Regulation (EU) No. 965/2012 of 5 October 2012 defining the technical requirements and administrative procedures applicable to air operations in accordance with Regulation (EC) No. 216/2008 of the European Parliament and the Council is repealed.
The Director of Civil Aviation Security is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on February 9, 2015.
For the Minister and by delegation:
The Director of Civil Aviation Security,
P. Cipriani
