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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

THE EUROPEAN COMMISSION,

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

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 Directive 91/670/EEC, Regulation (EC) No. 1592/2002 and Directive 2004/36/EC, and in particular Article 8(5) thereof,

Whereas:

(1)       Commission Regulation (EU) No. 965/2012  lays down technical requirements and administrative  procedures  related  to  air  operations  which  replaced  Annex  III  to Council Regulation (EEC) No. 3922/91, excluding Subpart Q concerning flight and duty time limitations and rest requirements.

(2)       In accordance with Article 22(2) of Regulation (EC) No 216/2008, implementing rules related to flight and duty times and rest requirements should initially include all substantive provisions of Subpart Q of Annex III to Regulation (EEC) No. 3922/91, taking into account the latest scientific and technical evidence.

(3)       This Regulation constitutes an implementing measure referred to in Articles 8(5) and

22(2)  of  Regulation  (EC)  No.  216/2008,  therefore  Subpart Q of  Annex  III  to Regulation (EEC) No. 3922/91 should be deleted in accordance with Article 69(3) of Regulation (EC) No. 216/2008. However, Subpart Q of Annex III to Regulation (EEC) No. 3922/91 should continue to apply until the transitional periods foreseen in this Regulation have expired and for the types of operations for which no implementing measures have been established.

(4)       This Regulation is without prejudice to the limits and minimum standards already established by  Directive 2000-79-EC – working time – civil aviation, in particular the provisions on working time and days free of duty, which should always be respected for mobile staff in civil aviation. The provisions of this Regulation and other provisions approved pursuant to this Regulation are not intended to justify any reductions in existing levels of protections for that mobile staff. The provisions of this Regulation do not preclude and should be without prejudice to more protective national social legislation and collective labour agreements concerning working conditions and health and safety at work.

(5)       Member  States  may  derogate  or  deviate  from  this  Regulation  or  the  related certification specifications respectively, by applying provisions of a level of safety which is at least equivalent to the provisions of this Regulation, in order to better address particular national considerations or operational practices. Any derogations or deviations from this Regulation should be notified and treated in accordance with Articles 14 and 22 of Regulation (EC) No. 216/2008, which ensure transparent and non-discriminatory decisions based on objective criteria.

(6)      The European Aviation Safety Agency (hereinafter ‘the Agency’) prepared draft implementing rules and submitted them as an opinion to the Commission in accordance with Article 19(1) of Regulation (EC) No. 216/2008.

(7)       Regulation (EU) No. 965/2012 should therefore be amended to include flight and duty time limitations and rest requirements.

(8)       The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No. 216/2008,

HAS ADOPTED THIS REGULATION:

Article 1

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

(1)       in  Article 2, point (6) is added;

(2)       Article 8 is replaced (see Commission Regulation (EU) No. 83/2014 for details);

(3)       Article 9a is inserted (see Commission Regulation (EU) No. 83/2014 for details);

(4)       Annex II is amended in accordance with Annex I to Regulation (EU) No. 83/2014 (see Commission Regulation (EU) No. 83/2014 for details); and

(5)       Annex III is amended in accordance with Annex II to Regulation (EU) No. 83/2014 (see ORO.FTL Articles in this document).

Article 2

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 18 February 2016.

By way of derogation from the second paragraph, Member States may choose not to apply the provisions of point ORO.FTL.205(e) of Annex III to Regulation (EU) No. 965/2012 and continue to apply the existing national   provisions  concerning  in-flight rest until 17 February 2017.

When a Member State applies the provisions of the third paragraph, it shall notify the Commission and the Agency and it shall describe the reasons for the derogation, its duration as well as the programme for implementation containing the envisaged actions and the related timing.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 January 2014.

For the Commission

The President

José Manuel BARROSO

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