Commission Implementing Decision (EU) 2018/617 of 19 April 2018 authorising Portugal to grant an approval to derogate from point OPS 1.1100(1.1)(b) of Annex III to Council Regulation (EEC) No 3922/91 (notified under document C(2018) 2183)
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Portugal may, by derogation from point OPS 1.1100(1.1)(b) of Annex III to Regulation (EEC) No 3922/91, allow the air taxi operator NETJETS – Transportes Aéreos, S.A. to extend the maximum total duty period in any seven consecutive days to 70 hours for the positioning duty of the pilots concerned for the start of the extended recovery rest period, provided that it takes the measures specified in the Annex.
This Decision is addressed to the Portuguese Republic.
ANNEX The operator concerned shall take all of the following measures in respect of its operations carried out on the basis of the derogation: 1. Integrate the bio-mathematical System for Aircrew Fatigue Evaluation (SAFE) or an equivalent fatigue risk model into its flight planning and flight and duty limitations of its pilots, in order to predict and prevent high levels of fatigue. 2. Establish appropriate schedule metrics and threshold values for the purpose of analysing flight crew rostering and submit those schedule metrics and threshold values to the competent authority for validation. 3. Provide fatigue management-related training to its pilots as referred to in point ORO.FTL.250 of Commission Regulation (EU) No 83/2014 ( 1 ) . 4. Extend the weekly rest period to a 72-hour rest period, including two local nights. 5. Continuously monitor the increase of the total duty period of its pilots as part of its management system. 6. Continuously monitor the time for commuting, positioning and travelling by its pilots before and during the block of seven consecutive duty days, as a potential source of cumulative fatigue. 7. Continuously monitor and control its pilots' accommodation away from base, in particular the likelihood for them to obtain sleep in sufficient quality and quantity during the block of seven consecutive duty days, by collecting the necessary data from its pilots in the form of sleep diaries and subjective alertness surveys. 8. Continuously analyse collected data stemming from data collection tools such as flight data monitoring (FDM), by correlating the events' rate to fatigue-related surveillance performance and interoperability requirements (SPI). 9. Continuously analyse its pilots' rostering against the schedule metrics and threshold values validated by the competent authority in accordance with point 2, by using the System for Aircrew Fatigue Evaluation (SAFE) or an equivalent fatigue risk model. 10. Continuously monitor all other aspects of the operations by way of a risk assessment with a view to identifying any risks to the safety of operations that may result from the implementation of the derogation. Such risk assessment must be acceptable to the competent authority. 11. Take all necessary measures to mitigate any risks to the safety of operations identified through the measures referred to in points 5 to 10, including the integration of those necessary measures in the planning and flight and duty limitations of its pilots. 12. Provide the outcomes of the measures referred to in points 5 to 10 to the competent authority on a regular basis and immediately inform that authority about any necessary measure it has taken in accordance with point 11. ( 1 ) Commission Regulation (EU) No 83/2014 of 29 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 ( OJ L 28, 31.1.2014, p. 17 ).
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