Amendments to Regulation (EU) No 965/2012
Article 3
Regulation (EU) No 965/2012 is amended as follows: (1) in Article 1, the following paragraph 1a is added: ‘1a. This Regulation lays down detailed rules for innovative air mobility operations in accordance with visual flight rules by day conducted with the surface in sight with single pilot manned aircraft with a vertical take-off and landing capability referred to in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139.’ ; (2) Article 2 is amended as follows: (a) point (1a) is replaced by the following: ‘(1a) “rotorcraft” means a power-driven, heavier-than-air aircraft that depends principally for its support in flight on the lift generated by up to two rotors;’; (b) the following point is inserted: ‘(1aa) “helicopter” means a type of rotorcraft supported in flight chiefly by the reactions of the air on up to two power-driven rotors on substantially vertical axes;’; (c) the following points are inserted: ‘(12) “innovative air mobility (IAM) operations” means any operation with vertical take-off and landing (VTOL)-capable aircraft in congested and non-congested areas; (13) “vertical take-off and landing (VTOL)-capable aircraft” (VCA) means a power-driven, heavier-than-air aircraft other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during the take-off and landing; (14) “ VEMS flight” means a flight with a VCA that operates under a VEMS approval, where immediate and rapid transportation is essential and the purpose of which is either to: (a) facilitate emergency medical assistance by carrying one or more of the following: (i) medical personnel; (ii) medical supplies (equipment, blood, organs, drugs); (iii) ill or injured persons and other persons directly involved, or (b) perform any operation where a person is at imminent or anticipated health risk from the environment and either: (i) needs to be rescued or provided with supplies; or (ii) persons, animals or equipment need to be transported to/from the VEMS operating site.’; (3) Article 5 is amended as follows: (a) the following paragraph is inserted: ‘1b. Operators shall only operate VCA in the context of IAM operations as specified in Annexes III and IX to this Regulation.’ ; (b) in paragraph 2, the following point is added: ‘(h) VCA used for: (i) the transport of dangerous goods (DGs); (ii) VEMS.’; (c) in paragraph 5, the following point is added: ‘(c) VCA in accordance with the requirements specified in Annex IX.’; (d) in paragraph 5, the following second subparagraph is added: ‘In the case of points (a), (b) and (c) of the first subparagraph, the training organisations shall comply with the requirements laid down in Annex VII (Part-ORA) to Regulation (EU) No 1178/2011 instead of Annex III (Part-ORO) of this Regulation. Training for VCA shall only be provided by approved training organisations.’; (4) Article 8 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. CAT operations with aeroplanes and helicopters shall be subject to the requirements of Subpart FTL of Annex III.’ ; (b) the following paragraph is added: ‘5. An IAM operator shall, as regards flight time limitations, comply with the requirements specified in the national law of the Member State in which the operator has its principal place of business, or, where the operator has no principal place of business, the place where the operator is established or resides.’ ; (5) Annex I to Regulation (EU) No 965/2012 is amended in accordance with Annex III to this Regulation; (6) Annex II to Regulation (EU) No 965/2012 is amended in accordance with Annex IV to this Regulation; (7) Annex III to Regulation (EU) No 965/2012 is amended in accordance with Annex V to this Regulation; (8) Annex V to Regulation (EU) No 965/2012 is amended in accordance with Annex VI to this Regulation; (9) Annex IX to Regulation (EU) No 965/2012 is added as laid down in Annex VII to this Regulation.