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RS 748.127.7 Order of the DETEC of 17 December 2013 on the implementation of air operations requirements in accordance with Regulation (EU) no 965/2012

Original Language Title: RS 748.127.7 Ordonnance du DETEC du 17 décembre 2013 relative à la mise en œuvre des prescriptions relatives aux opérations aériennes conformément au règlement (UE) no 965/2012

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748.127.7

Order of the DETEC on the implementation of air operations requirements in accordance with the Regulation (EU) n O 965/2012

On 17 December 2013 (State 1 Er February 2014)

The Federal Department of Environment, Transport, Energy and Communication (DETEC),

See art. 76, para. 1, of the order of 14 November 1973 on aviation 1 , having regard to Regulation (EU) n O 965/2012 2 In its version which binds Switzerland under c. 3 of the Annex to the Agreement of 21 June 1999 between the Swiss Confederation and the European Community on air transport 3 ,

Stops:

Art. 1 Purpose

This order shall rule on the implementation of the requirements for commercial air operations in accordance with the Regulation (EU) n O 965/2012 and the relationship to existing provisions relating to commercial air operations.

Art. 2 Regulations to clarify the Regulation (EU) n O 965/2012

1 The provisions of the above regulation are presumed to be observed if the following regulations 1 , published by the European Aviation Safety Agency (EASA) or by the Federal Office for Civil Aviation (OFAC) and on the Regulation (EU) n O 965/2012, are respected:

A.
Certification specifications ( Certification Specifications ; CS);
B.
Acceptable means of compliance ( Acceptable Means of Compliance ; (C);
C.
Alternative means of compliance ( Alternative Means of Compliance , AltMoC).

2 Anyone who derogates from the regulations referred to in para. 1 must be able to demonstrate to the OFAC that the requirements of the Regulation (EU) n O 965/2012 are filled in a different way.

1 These regulations are not published in the RO and are not translated. They are published on EASA sites: http://easa.europa.eu > Acceptable Means of Compliance and Guidance Material and OFAC: www.bazl.admin.ch. They may be ordered against payment at the following address: Federal Aviation Office Civil, 3003 Berne.

Art. 3 Transitional provision concerning the Guidance Material On Regulation (EEC) No O 3922/91 1

The provisions of Section 2 Material Of the JAR-OPS1 2 And JAA AGM Leaflet No. 44 3 Apply as long as the EASA or the OFAC have not enacted the regulations referred to in Art. 2.

1 R (EEC) n O 3922/91 of Dec. 1991 of the Council on the harmonisation of technical rules and administrative procedures in the field of civil aviation, in its version which binds Switzerland under the c. 3 of the Annex to the Ac. Of 21 June 1999 between Switzerland and the EC on air transport (RS 0.748.127.192.68 ).
2 Joint Aviation Requirements JAR-OPS 1, Commercial Air Transportation (Aeroplanes) These Rs are not published to the OR and are not translated. They can be consulted or ordered against payment from the Federal Office of Civil Aviation, 3003 Berne: www.bazl.admin.ch > Experten > Flugverkehr.
3 The JAA AGM Leaflet No. 44 can be consulted at the Federal Office of Civil Aviation, 3003 Berne: www.bazl.admin.ch > Experten > Flugverkehr.

Art. 4 Transitional provision for the certification procedure for commercial air carriers licensed by air carriers ( Air Operator Certificate ) In accordance with Regulation (EEC) No O 3922/91 1 Or internal law.

For each commercial airline that already holds an air carrier licence in accordance with the Regulation (EEC) n O 3922/91 or Art. 103 of the order of 14 November 1973 on aviation, the OFAC may fix, in accordance with the transitional period established by Art. 10, para. 2, Regulation (EU) n O 965/2012, the period during which the certification procedure provided for in this Regulation will be carried out.

1 See note of the title of Art. 3.

Art. 5 Relationship to the law in force

1 Regulation (EU) n O 965/2012 will be applicable to certificates and authorizations:

A.
By the first issue of the certificate or authorisation made in accordance with the Regulation (EU) n O 965/2012; or
B.
No later than the expiry of the transitional period provided for in Art. 10, para. 2, Regulation (EU) n O 965/2012.

2 As long as the Regulation (EU) n O 965/2012 shall not apply, the operation of aircraft and in particular the validity and extension of authorisations to that effect shall be governed by the law in force, in particular by Regulation (EEC) No O 3922/91 1 And by the OFAC directives.

1 See note of the title of Art. 3.

Art. 6 Repeal of another act

The order of the DETEC dated 14 October 2008 relating to the operation of helicopters for the commercial transport of persons or goods 1 Will be repealed on October 29, 2014.

1 RS 748.127.9

Art. 7 Amendment of another Act

... 1

1 The mod. Can be viewed at RO 2014 181 .

Art. 8 Entry into force

This order shall enter into force on 1 Er February 2014.


RO 2014 181

1 RS 748.01
2 R (EU) n O 965/2012 of the Commission of 5 Oct. 2012 determining the technical requirements and administrative procedures applicable to air operations in accordance with R (EC) n O 216/2008 of the European Parliament and the Council.
3 RS 0.748.127.192.68

State 1 Er February 2014