Ga verder naar contentGa verder naar content en skip ook inhoudsopgave
In- en Uitvoer
Home

Commission Implementing Regulation (EU) 2023/1020 of 24 May 2023 amending Regulation (EU) No 965/2012 as regards helicopter emergency medical service operations (Text with EEA relevance)

Commission Implementing Regulation (EU) 2023/1020 of 24 May 2023 amending Regulation (EU) No 965/2012 as regards helicopter emergency medical service operations (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91(1), and in particular Article 27(1) and Article 31(1) thereof,

Whereas:

  1. Commission Regulation (EU) No 965/2012(2) lays down technical requirements and administrative procedures related to air operations, and among others, to helicopter emergency medical service (HEMS) operations. Such technical requirements and administrative procedures should be updated to ensure that they reflect the state of the art in developments and best practices in the air operations domain.

  2. Helicopter emergency medical services are among the most challenging operations from a safety perspective because the mission often consists of a flight to a non-pre-surveyed site in any weather conditions and under time pressure to rescue people. Such operations should be regulated in such a way that they remain safe at all times.

  3. Helicopter emergency non-medical rescue operations, which include mountain rescue operations, but not search and rescue of aircraft in distress, are equally challenging when carried out under the same conditions as those of helicopter emergency medical service operations. Therefore, when helicopter emergency non-medical rescue operations fall within the scope of Regulation (EU) 2018/1139, they should be regulated in the same way as helicopter emergency medical services.

  4. On the basis of available data, the risk of accidents due to a degraded visual environment, including operations in bad weather and at night, as well as the risk of collision at an accident or a rescue site, should be further mitigated by means of requirements for equipment, standard operating procedures, and crew training.

  5. It should be ensured that derogations from the helicopter performance criteria apply only for legacy hospital sites that were established before the entry into force of Regulation (EU) No 965/2012, to ensure that the appropriate level of safety is achieved. At hospital sites that currently qualify for such derogations, the obstacle environment should remain supervised and acceptable from a safety perspective.

  6. The current requirements on performance and oxygen as regards high-altitude helicopter emergency medical service and mountain rescue operations set out in Regulation (EU) No 965/2012 do not allow operations at high altitudes, however it should be possible to rescue people at any altitude. The applicable requirements should therefore be amended.

  7. In accordance with Article 140(2), point (b) of Regulation (EU) 2018/1139, Regulation (EU) No 965/2012 is to be adapted to Regulation (EU) 2018/1139 as regards the definition of complex motor-powered aircraft which was included in Regulation (EC) No 216/2008 of the European Parliament and of the Council(3), repealed by Regulation (EU) 2018/1139. Regulation (EU) No 965/2012 should therefore be amended accordingly.

  8. Operators currently conducting HEMS operations as well as competent authorities responsible for the certification and oversight of these operations will need sufficient time to fully implement the changes set out in this regulation. Therefore, the applicability of the provisions introduced by this Regulation related to HEMS operations is deferred by one year. In addition, the applicability of some specific provisions that require a longer implementation period, such as those introducing new approvals or new equipment, performance requirements or training requirements, is further deferred.

  9. Regulation (EC) No 216/2008 repealed Directive 2004/36/EC of the European Parliament and of the Council(4). Directive 2004/36/EC was implemented by Commission Regulations (EC) No 768/2006(5) and (EC) No 351/2008(6). The provisions of the latter regulations have been superseded by Regulation (EU) No 965/2012, but they have never been explicitly repealed. It is therefore necessary to repeal those regulations.

  10. The European Union Aviation Safety Agency has prepared a draft implementing act and has submitted it to the Commission with Opinion 08/2022(7) in accordance with Article 76(1) of Regulation (EU) 2018/1139.

  11. The requirements laid down in this Regulation are in accordance with the opinion of the Committee for the application of common safety rules in the field of civil aviation established by Article 127 of Regulation (EU) 2018/1139.

HAS ADOPTED THIS REGULATION:

Article 1 Amendments to Regulation (EU) No 965/2012

Regulation (EU) No 965/2012 is amended as follows:

  1. in Article 6, paragraph 6 is replaced by the following:

    ‘6.

    By way of derogation from point CAT.POL.H.225 of Annex IV and until 25 May 2028, existing helicopter operations to or from a public interest site (PIS) may be conducted under conditions determined by the Member States, whenever the size of the PIS, the obstacle environment or the helicopter does not allow compliance with the requirements for operation in performance class 1.

    Member States shall notify the Commission and the Agency of the conditions being applied.’

    ;

  2. Annexes I, II, III, IV, V, VII and VIII are amended in accordance with the Annex to this Regulation.

Article 2 Repeal

Regulations (EC) No 768/2006 and (EC) No 351/2008 are repealed with effect from 14 June 2023.

Article 3 Entry into force and applicability

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 25 May 2024.

However:

  1. point (5)(b) of the Annex shall apply from 25 May 2026;

  2. point (5)(d) of the Annex to this Regulation shall apply from 25 May 2028 as regards the amendment to point SPA.HEMS.110(e) of Annex V to Regulation (EU) No 965/2012;

  3. point (5)(f) of the Annex to this Regulation shall only apply to HEMS operations covered by point (61)(b) of Annex I to Regulation (EU) No 965/2012 from 25 May 2028;

  4. point (5)(g) of the Annex to this Regulation shall only apply to HEMS operations covered by point (61)(b) of Annex I to Regulation (EU) No 965/2012 from 25 May 2026;

  5. points (6) and (7) of the Annex shall apply from 14 June 2023.

  6. Member States may decide to use the form established in Appendix II to Annex II to Regulation (EU) No 965/2012 as amended by point (2)(b) of the Annex to this Regulation only when issuing new air operator certificates, or making changes to existing certificates, in accordance with points ARO.GEN.310 or ARO.GEN.330 of Annex II to Regulation (EU) No 965/2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 May 2023.

For the Commission

The President

Ursula von der Leyen

ANNEX

Appendix II