ANNEX IISupplementary provisions
ANNEX II Annex II ‘Balloon Air Operations’ (Part-BOP) to Regulation (EU) 2018/395 is amended as follows: (1) in point BOP.BAS.010, paragraph (a) is replaced by the following: ‘(a) An operator shall, when so requested by the competent authority which verifies continued compliance by the operator in accordance with point ARO.GEN.300(a)(2) of Annex II (Part-ARO) to Regulation (EU) No 965/2012, demonstrate compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (2) point BOP.BAS.020 is replaced by the following: ‘ BOP.BAS.020 Immediate reaction to a safety problem The operator shall implement: (a) safety measures mandated by the competent authority in accordance with paragraph (c) of point ARO.GEN.135 of Annex II (Part-ARO) to Regulation (EU) No 965/2012; and (b) airworthiness directives and other mandatory information issued by the Agency in accordance with paragraph (h) of Article 77(1) of Regulation (EU) 2018/1139.’; (3) point BOP.BAS.025 is replaced by the following: ‘ BOP.BAS.025 Designation as pilot-in-command The operator shall designate a pilot-in-command who is qualified to act as pilot-in-command in accordance with Annex III (Part-BFCL) to this Regulation.’; (4) in point BOP.BAS.300, paragraph (c) is replaced by the following: ‘(c) Instruments and equipment not required by this Section, as well as any other equipment that is not required by this Annex but is carried on board a balloon during a flight, shall comply with the following two conditions: (1) the information provided by those instruments or equipment shall not be used by the flight crew to comply with the essential requirements for airworthiness set out in Annex II to Regulation (EU) 2018/1139; (2) the instruments and equipment shall not affect the airworthiness of the balloon, even in the case of failures or malfunction.’; (5) in point BOP.ADD.005, paragraph (a) is replaced by the following: ‘(a) The operator shall be responsible for the operation of the balloon in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139, with the requirements of this Subpart and with its declaration.’; (6) in point BOP.ADD.015, paragraph (a) is replaced by the following: ‘(a) For the purpose of determining compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation, the operator shall grant access to any person authorised by the competent authority at any time to any facility, balloon, document, records, data, procedures or any other material relevant to the operator’s activity that falls within the scope of this Regulation, irrespective of whether or not the activity is contracted.’; (7) point BOP.ADD.035 is replaced by the following: ‘ BOP.ADD.035 Contracted activities When contracting any part of its activity that falls within the scope of this Regulation, the operator shall be responsible for ensuring that the contracted organisation carries out the activity in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation. The operator shall also ensure that the competent authority is given access to the contracted organisation in order to determine that the operator complies with those requirements.’; (8) in point BOP.ADD.040, paragraph (a) is replaced by the following: ‘(a) The operator shall appoint an accountable manager who has the authority to ensure that all activities that fall within the scope of this Regulation can be financed and carried out in accordance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation. The accountable manager shall be responsible for establishing and maintaining an effective management system.’; (9) point BOP.ADD.045 is replaced by the following: ‘ BOP.ADD.045 Facility requirements The operator shall have facilities that are sufficient to allow the performance and management of all tasks and activities required to ensure compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (10) in point BOP.ADD.100, paragraph (a) is replaced by the following: ‘(a) In the declaration referred to in the second subparagraph of Article 3(2), the operator shall confirm that it complies and will continue to comply with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (11) in point BOP.ADD.105, paragraph (a) is replaced by the following: ‘(a) The operator shall notify the competent authority without delay of any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation, as declared to the competent authority, and of any changes in respect of the information referred to in point BOP.ADD.100(b) and the list of AltMoCs referred to in point BOP.ADD.100(c), as included in or annexed to the declaration.’; (12) in point BOP.ADD.115, paragraph (c) is replaced by the following: ‘(c) Where a balloon registered in a third country is subject to a dry lease agreement, the operator of such balloon shall ensure compliance with the essential requirements relating to continuing airworthiness set out in Annexes II and V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.’; (13) in point BOP.ADD.300, paragraph (c) is replaced by the following: ‘(c) All flight crew members shall hold a licence and ratings issued or accepted in accordance with Annex III to this Regulation and shall be appropriate to the duties assigned to them.’; (14) in point BOP.ADD.300, paragraph (e) is replaced by the following: ‘(e) When engaging the services of flight crew members who work on a freelance or part-time basis, the operator shall verify that all of the following requirements are complied with: (1) the requirements of this Subpart; (2) Annex III to this Regulation, including the requirements on recent experience; (3) the flight and duty time limitations and rest requirements in accordance with the national law of the Member State where the operator has its principal place of business, taking into account all services rendered by the flight crew member to other operators.’; (15) in point BOP.ADD.305, paragraph (b) is replaced by the following: ‘(b) The operator shall only designate a pilot to act as pilot-in-command if he or she: (1) is qualified to act as pilot-in-command in accordance with Annex III to this Regulation; (2) has the minimum level of experience specified in the operations manual; and (3) has adequate knowledge of the area to be flown.’; (16) point BOP.ADD.310 is replaced by the following: ‘ BOP.ADD.310 Provision of training and checking All training and checking of flight crew members required pursuant to point BOP.ADD.315 shall be provided as follows: (a) in accordance with the training programmes and syllabi established by the operator in the operations manual; (b) by appropriately qualified persons and, as regards flight training and checking, by persons qualified in accordance with Annex III to this Regulation.’; (17) the Appendix is replaced by the following: ‘Appendix DECLARATION in accordance with Commission Regulation (EU) 2018/395 Operator Name: Place where the operator has its principal place of business: Name and contact details of the accountable manager: Balloon operation Starting date of commercial operation and, where relevant, date of change to existing commercial operation. Information on balloon(s) used, commercial operation(s) and continuing airworthiness management: ( 1 ) Balloon type Balloon registration Main base Type(s) of operation ( 2 ) Continuing airworthiness management organisation ( 3 ) Where applicable, list of the AltMoCs with references to the associated AMC (annex to this declaration): Statements ☐ The operator complies, and will continue to comply, with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Regulation (EU) 2018/395. In particular, the operator conducts its commercial operations in accordance with the following requirements of Subpart ADD of Annex II to Regulation (EU) 2018/395: ☐ The management system documentation, including the operations manual, comply with the requirements of Subpart ADD and all flights will be carried out in accordance with the provisions of the operations manual as required by point BOP.ADD.005(b) of Subpart ADD. ☐ All balloons operated either have a certificate of airworthiness issued in accordance with Regulation (EU) No 748/2012 or meet the specific airworthiness requirements applicable to balloons that are registered in a third country and are subject to a wet lease agreement or a dry lease agreement, as required by points BOP.ADD.110 and BOP.ADD.115(b) and (c) of Subpart ADD. ☐ All flight crew members hold a licence and ratings issued or accepted in accordance with Annex III to Regulation (EU) 2018/395, as required by point BOP.ADD.300(c) of Subpart ADD. ☐ The operator will notify the competent authority of any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Regulation (EU) 2018/395 as declared to the competent authority through this declaration and any changes to the information and lists of AltMoCs included in and annexed to this declaration, as required by point BOP.ADD.105(a) of Subpart ADD. ☐ The operator confirms that all information included in this declaration, including its annexes, is complete and correct. Date, name and signature of the accountable manager ’ ( 1 ) Complete the table. If there is not enough space to list the information, it shall be listed in a separate annex. The annex shall be dated and signed. ( 2 ) “Type(s) of operation” refers to the type(s) of commercial operation conducted with the balloon. ( 3 ) Information about the organisation responsible for the continuing airworthiness management shall include the name of the organisation, the address and the approval reference.