HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
28.1.2014 Official
Journal
of
the
European
Union L
23/27
COMMISSION REGULATION (EU) No 71/2014
of 27 January 2014
amending Regulation (EU) No 965/2012 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
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
certain conditions the validity of certificates issued before
the entry into force and application of this Regulation.
Having regard to the Treaty on the Functioning of the European
Union,
(6) The
Agency
prepared
draft
implementing
rules
on
the
concept of operational suitability data and submitted
them as an opinion ( 3 ) to the Commission in accordance
with Article 19(1) of Regulation (EC) No 216/2008.
Having regard to Regulation (EC) No 216/2008 of the European
Parliament and of the Council of 20 February 2008 on
common rules in the field of civil aviation and establishing a
European Aviation Safety Agency, and repealing Council
(7) Commission
Regulation
(EU)
No
965/2012
( 4 ) should
Directive 91/670/EEC, Regulation (EC) No 1592/2002 and
therefore be amended accordingly.
Directive 2004/36/EC ( 1 ), and in particular Articles 8(5) and
10(5) thereof,
(8) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Committee estab
lished by Article 65 of Regulation (EC) No 216/2008,
Whereas:


HAS ADOPTED THIS REGULATION:
(1) Article
5
of
Regulation
(EC)
No
216/2008
dealing
with
airworthiness was extended to include the elements of
operational suitability evaluation into the implementing
rules for type-certification.
Article 1
Regulation (EU) No 965/2012 is amended as follows:
(2) The
European
Aviation
Safety
Agency
(the
‘Agency’)
found that it was necessary to amend Commission Regu
(1) Article 9 is replaced by the following:
lation (EU) No 748/2012 ( 2 ) in order to allow the
Agency to approve operational suitability data as part
of the type-certification process.
‘Article 9
Minimum equipment lists
(3) The
operational
suitability
data
should
include
mandatory
Minimum equipment lists (“MEL”) approved by the State of
elements for Master Minimum Equipment List (‘MMEL’),
Operator or Registry before the application of this Regu
flight crew training and cabin crew training which will be
lation, are deemed to be approved in accordance with this
the basis for developing the Minimum Equipment List
Regulation and may continue to be used by the operator.
(‘MEL’) and crew training courses by operators.
After the entry into force of this Regulation any change to
(4) The
requirements
related
to
the
establishment
of
MEL,
the MEL referred to in the first subparagraph for which a
flight crew training and cabin crew training refer to the
Master Minimum Equipment List (“MMEL”) is established as
operational suitability data, however where the oper
part of the operational suitability data in accordance with
ational suitability data is not available there should be
Commission Regulation (EU) No 748/2012 (*) shall be
a general provision as well as transitional measures.
made in compliance with point ORO.MLR.105 of Section
2 of Annex III to this Regulation at the earliest opportunity
and not later than 18 December 2017 or two years after
the operational suitability data was approved, whichever is
(5) The
aeronautical
industry
and
Member
State
adminis
the latest.
trations should be given enough time to adapt to the
new regulatory framework and to recognise under
( 3 ) Opinion No 07/2011 of the European Aviation Safety Agency of
13 December 2011, available at http://easa.europa.eu/agency-
( 1 ) OJ L 79, 19.3.2008, p. 1.
measures/opinions.php
( 2 ) OJ L 224, 21.8.2012, p. 1.
( 4 ) OJ L 296, 25.10.2012, p. 1.

---

L 23/28
EN
Official Journal of the European Union
28.1.2014
Any change to an MEL referred to in the first subparagraph,
CC of Annex III which did not include the mandatory
for which an MMEL has not been established as part of the
elements established in the relevant operational suitability
operational suitability data, shall continue to be made in
data, undertake training covering those mandatory elements
accordance with the MMEL accepted by the State of
not later than 18 December 2017 or two years after the
Operator or Registry as applicable.
approval of the operational suitability data, whichever is the
latest.’;
___________
(*) OJ L 224, 21.8.2012, p. 1.’;
(3) Annex III (PART-ORO) is amended in accordance with
Annex I to this Regulation.
(2) A new Article 9a is inserted:
(4) Annex V (PART-SPA) is amended in accordance with Annex
II to this Regulation.
‘Article 9a
Flight and cabin crew training
Article 2
Operators shall ensure that flight crew and cabin crew
This Regulation shall enter into force on the twentieth day
members who are already in operation and have
following that of its publication in the Official Journal of the
completed training in accordance with Subparts FC and
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 January 2014.
For the Commission
The President
José Manuel BARROSO

---

EN
28.1.2014 Official
Journal
of
the
European
Union L
23/29
ANNEX I
Annex III (PART-ORO) to Regulation (EU) No 965/2012 is amended as follows:
(1) In point ORO.GEN.160, point (b) is replaced by the following:
‘(b) Without prejudice to point (a) the operator shall report to the competent authority and to the organisation
responsible for the design of the aircraft any incident, malfunction, technical defect, exceeding of technical
limitations or occurrence that would highlight inaccurate, incomplete or ambiguous information contained in
the operational suitability data established in accordance with Regulation (EU) No 748/2012 or other irregular
circumstance that has or may have endangered the safe operation of the aircraft and that has not resulted in an
accident or serious incident.’;
(2) Point ORO.MLR.105 is amended as follows:
(a) Point (a) is replaced by the following:
‘(a) A minimum equipment list (“MEL”) shall be established as specified in point 8.a.3 of Annex IV to Regulation
(EC) No 216/2008, based on the relevant master minimum equipment list (“MMEL”) as defined in the
mandatory part of the operational suitability data established in accordance with Regulation (EU)
No 748/2012.’;
(b) In point (j), point (1) is replaced by the following:
‘(1) the concerned instruments, items of equipment or functions are within the scope of the MMEL as defined in
point (a);’;
(3) In point ORO.FC.140, point (a) is replaced by the following:
‘(a) Flight crew members operating more than one type or variant of aircraft shall comply with the requirements
prescribed in this Subpart for each type or variant, unless credits related to the training, checking, and recent
experience requirements are defined in the mandatory part of the operational suitability data established in
accordance with Regulation (EU) No 748/2012 for the relevant types or variants.’;
(4) In point ORO.FC.145, point (b) is replaced by the following:
‘(b) When establishing the training programmes and syllabi, the operator shall include the relevant elements defined in
the mandatory part of the operational suitability data established in accordance with Regulation (EU)
No 748/2012.’;
(5) In point ORO.FC.220, point (e) is replaced by the following:
‘(e) In the case of aeroplanes, pilots that have been issued a type rating based on a zero flight-time training (“ZFTT”)
course shall:
(1) commence line flying under supervision 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 shall be described in the operations
manual;
(2) complete six 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 shall provide refresher training the
content of which shall be described in the operations manual;

---

L 23/30
EN
Official Journal of the European Union
28.1.2014
(3) conduct the first four take-offs and landings of the LIFUS in the aeroplane under the supervision of a 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.’;
(6) In point ORO.CC.125, point (b) is replaced by the following:
‘(b) When establishing the aircraft type specific and the operator conversion training programmes and syllabi, the
operator shall include, where available, the relevant elements defined in the mandatory part of the operational
suitability data established in accordance with Regulation (EU) No 748/2012.’;
(7) In point ORO.CC.130, point (c) is replaced by the following:
‘(c) When establishing a differences training programme and syllabus for a variant of an aircraft type currently
operated, the operator shall include, where available, the relevant elements defined in the mandatory part of
the operational suitability data established in accordance with Regulation (EU) No 748/2012.’;
(8) In point ORO.CC.250(b), point (1) is replaced by the following:
‘(1) each aircraft as a type or a variant taking into account, where available, the relevant elements defined in the
mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012
for the relevant aircraft type or variant; and’.
ANNEX II
Annex V (PART-SPA) Regulation (EU) No 965/2012 is amended as follows:
(1) In point SPA.GEN.105(b), point (2) is replaced by the following:
‘(2) that the relevant elements defined in the mandatory part of the operational suitability data established in
accordance with Regulation (EU) No 748/2012 are taken into account.’;
(2) Point SPA.GEN.120 is replaced by the following:
‘SPA.GEN.120 Continued validity of a specific approval
Specific approvals shall be issued for an unlimited duration and shall remain valid subject to the operator remaining
in compliance with the requirements associated with the specific approval and taking into account the relevant
elements defined in the mandatory part of the operational suitability data established in accordance with Regulation
(EU) No 748/2012.’.

---

Document Outline

• �

---