(fra kommisjonsforordningen)

(1) Commission Regulation (EU) No 965/2012 lays down technical requirements and administrative procedures related to air operations, including flight and duty time limitations and rest requirements (FTL) for commercial air transport (CAT) operators with aeroplanes used in scheduled and charter operations. 

(2) When developing the FTL requirements for CAT operators under Regulation (EU) No 965/2012, it was decided to address FTL for air taxi, emergency medical service and single-pilot operations at a later stage to allow for the collection of scientific evidence on the factors affecting fatigue in those operations. 

(3) In accordance with Article 8(2) of Regulation (EU) No 965/2012, the FTL for CAT operators of aeroplanes used for air taxi, emergency medical service (AEMS) and single-pilot operations are subject to the requirements set out in the national law referred to in Article 8(4) of Council Regulation (EEC) No 3922/91 and in Subpart Q of Annex III to that Regulation. That derogation should remain valid until the new measures start to apply in accordance with this Regulation. 

(4) The requirements of Subpart Q of Annex III to Regulation (EEC) No 3922/91 were developed for the purposes of scheduled and charter multi-crew operations. Yet, they also apply to on-demand air taxi, AEMS and single-pilot operations despite the differences between those operations and multi-crew operations, and the type of aircraft used. Equally, Subpart Q of Annex III to Regulation (EEC) No 3922/91 does not establish a maximum daily flight duty period for single-pilot and AEMS operations, and does not provide for standby, in-flight rest and split duty. Regulation (EU) No 965/2012 should therefore be amended to include adequate FTL for commercial air transport operations with aeroplanes for air taxi, AEMS and singlepilot operations. 

(5) The nature of a pilot’s duties in aviation operations, such as air taxi and AEMS, differs significantly from that of a pilot in scheduled or charter operations as air taxi and AEMS pilots typically fly fewer but longer trips. Air taxi and AEMS operations require 24-hour activity that may involve shift work, night operations, irregular and unpredictable schedules, and frequent time zone changes. Therefore, a fair balance between prescriptive and performance-based rules should be established since applying similar rules designed for fundamentally different operating environments would run against the objective of ensuring a high and uniform level of civil aviation safety in the Union. 

(6) Specific mitigation measures should be introduced in accordance with the riskprotection objectives set out in Article 4(2) of Regulation (EU) 2018/1139 to reflect the operational realities of the sector including the nature of air taxi and AEMS flights, which are not open to the general public, as well as the type and scale of operations, which are less complex and involve less complex aeroplanes than scheduled or chartered services. Each of those mitigation measures should be targeted and address identified fatigue risks arising from particular scheduling practices, duty periods or rest arrangements. 

(7) To better address particular national considerations or operational practices, Member States should be allowed to derogate from certain provisions introduced by this Regulation or deviate from the related certification specifications by applying requirements whose level of safety is at least equivalent to the provisions of this Regulation. Any derogations or deviations from this Regulation should be notified and follow the rules under Article 71 and Article 76(7) of Regulation (EU) 2018/1139, which ensure transparent and non-discriminatory decisions based on objective criteria. 

(8) To ensure a smooth transition from the currently applicable Subpart Q of Annex III to Regulation (EEC) No 3922/91 and the national regulations of the Member States, the operators and the competent authorities of the Member States should be provided with sufficient time to update their operational documents, implement appropriate software tools, and train relevant personnel to comply with the new measures. Accordingly, the date of application of this Regulation should be deferred. 

(9) Points ARO.OPS.235 of Annex II and ORO.FTL.125 of Annex III to Regulation (EU) No 965/2012 should be updated to align with Regulation (EU) 2018/1139 and to remove obsolete references, without introducing any negative economic, social, or administrative impacts on aircrew members, operators, or competent authorities. To support national competent authorities in updating their approval procedures, those points should apply to scheduled and charter operations from the date of entry into force of this Regulation. 

(10) While the existing regulatory framework already requires the competent authorities of the Member States to monitor and follow up on reported safety occurrences in civil aviation, to ensure the highest level of aviation safety and mitigate the risks associated with fatigue, it is important that implementation of the new rules is actively monitored by the Member States and the European Union Aviation Safety Agency (‘the Agency’), which is empowered under Article 85(1) of Regulation (EU) 2018/1139 to conduct inspections and other monitoring activities with a view to ensure the uniform application of that Regulation and of the delegated and implementing acts adopted on its basis. 

(11) The measures provided for in this Regulation are based on Opinion No 02/2026 issued by the Agency in accordance with Article 76(1) of Regulation (EU) 2018/1139,