Opinion 10/2017

ANNEX Draft Annex to draft Commission Regulation (EU) …/… amending Commission Regulation (EU) No 965/2012 as regards the transposition of provisions on electronic flight bags from ICAO Annex 6 A. Annex I (Definitions) to Commission Regulation (EU) No 965/2012 is amended as follows: 1. Definitions (42a), (42b) and (42c) of EFB-related terms are inserted as follows: ‘(42a) ‘EFB application’ means a software application installed on an EFB host platform that provides one or more specific operational functions which support flight operations; (42b) ‘EFB host platform’ means the hardware equipment in which the computing capabilities and basic software reside, including the operating system and the input/output software; (42c) ‘EFB system’ means the hardware equipment (including any battery, connectivity provisions, input/output components) and software (including databases and the operating system) needed to support the intended EFB application(s);’ 2. Definition (44a) of the term ‘electronic flight bag (EFB)’ is inserted as follows: ‘(44a) ‘electronic flight bag (EFB)’ means an electronic information system, comprised of equipment and applications for flight crew, which allows for the storing, updating, displaying and processing of EFB functions to support flight operations or duties;’ 3. Definition (69a) of the term ‘human–machine interface (HMI)’ is inserted as follows: ‘(69a) ‘human–machine interface (HMI)’ means a component of certain devices that is capable of handling human–machine interactions. The interface consists of hardware and software that allow user inputs to be interpreted and processed by machines or systems that, in turn, provide the required results to the user;’ 4. Definition (78a) of the term ‘minor failure condition’ is inserted as follows: ‘(78a) ‘minor failure condition’ means a failure condition that would not significantly reduce aircraft safety, and which involves flight crew actions that are well within their capabilities;’ 5. Definition (96a) of the term ‘portable EFB’ is inserted as follows: ‘(96a) ‘portable EFB’ means a portable EFB host platform, used on the flight deck, which is not part of the configuration of the certified aircraft;’ 6. Definition (96b) of the term ‘portable electronic device (PED)’ is inserted as follows: ‘(96b) ‘portable electronic device (PED)’ means any kind of electronic device, typically but not limited to consumer electronics, brought on board the aircraft by crew members, passengers, or as part of the cargo, that is not included in the configuration of the certified aircraft. It includes all equipment that is able to consume electrical energy. The electrical energy can be provided from internal sources such as batteries (chargeable or 1  non-rechargeable) or the devices may also be connected to specific aircraft power sources.’ 7. Definitions (120a) and (120b) of terms related to EFB applications are inserted as follows: ‘(120a) ‘type A EFB application’ means an EFB application whose malfunction or misuse has no safety effect; (120b) ‘type B EFB application’ means an EFB application: (1) whose malfunction or misuse is limited to a minor failure condition; and (2) which neither replaces nor duplicates any system or functionality required by airworthiness regulations, airspace requirements, or operational rules; Type B EFB applications may replace paper copies of information required to be carried in the aircraft by operational rules.’ 8. The table (EASA FORM 139) of Appendix II is replaced by the following: ‘OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual) Issuing authority contact details Telephone1: ___________________; Fax: ___________________; E-mail: ___________________ AOC2: Operator name3: Date4: Signature: Dba trading name Operations specifications#: Aircraft model5: Registration marks6: Types of operations: Commercial air transport  Passengers  Cargo Others7: ______ Area of operation8: Special limitations9: Specific approvals: Yes No Specification10 Remarks Dangerous goods   Low-visibility operations   CAT11 …. Take-off RVR12: m Approach and landing DA/H: ft RVR: m 2  RVSM13  N/A   ETOPS14  N/A   Maximum diversion time15: min. Complex navigation specifications for   17 PBN operations16 Minimum navigation performance   specification Single-engined turbine aeroplane   18 operations at night or in IMC (SET-IMC) Helicopter operations with the aid of   night-vision imaging systems Helicopter hoist operations   Helicopter emergency medical   service operations Helicopter offshore operations   Cabin crew training19   Issue of CC attestation20   Use of type B EFB applications   21 Continuing airworthiness   22 Others23 (…) (21) Insertion of the list of type B EFB applications together with the reference of the EFB hardware (for portable EFBs). Either this list is contained in the operations specifications or in the operations manual. In the latter case, the related operations specifications must make a reference to the related page in the operations manual. (22) The name of the person/organisation responsible for ensuring that the continuing airworthiness of the aircraft is maintained and a reference to the regulation that requires the work, i.e. Subpart G of Annex I (Part-M) to Commission Regulation (EU) No 1321/2014. 3 (23) Other approvals or data can be entered here, using one line (or one multi-line block) per authorisation (e.g. short-landing operations, steep-approach operations, helicopter operations to/from a public interest site, helicopter operations over a hostile environment located outside a congested area, helicopter operations without a safe forced-landing capability, operations with increased bank angles, maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval). EASA FORM 139 Issue 5’ B. Annex IV (Part-CAT) to Commission Regulation (EU) No 965/2012 is amended as follows: 1. Point CAT.GEN.MPA.141 is inserted as follows: ‘CAT.GEN.MPA.141 Use of electronic flight bags (EFBs) (a) Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft. (b) The operator shall not use a type B EFB application unless it is approved in accordance with Subpart M of Annex V (Part-SPA).’ 2. Point CAT.POL.MAB.105(b) is replaced by the following: ‘(b) Where mass and balance data and documentation is generated by a computerised mass and balance system, the operator shall: (1) verify the integrity of the output data to ensure that the data are within AFM limitations; and (2) specify the instructions and procedures for its use in its operations manual.’ 3. Point CAT.POL.MAB.105(e) is deleted. C. Annex V (Part-SPA) to Commission Regulation (EU) No 965/2012 is amended as follows: 1. Subpart M is added as follows: ‘SUBPART M ELECTRONIC FLIGHT BAGS (EFBs) SPA.EFB.100 Use of electronic flight bags (EFBs) — operational approval (a) A commercial air transport operator shall only use a type B EFB application if the operator has been granted an approval by the competent authority for such use. (b) In order to obtain an operational approval from the competent authority for the use of a type B EFB application, the operator shall provide evidence that: 4  (1) a risk assessment related to the use of the EFB device that hosts the application and to the EFB application and its associated function(s) has been conducted, identifying the associated risks and ensuring that they are appropriately managed and mitigated; (2) the human–machine interfaces of the EFB device and the EFB application have been assessed against human factors principles; (3) it has established an EFB administration system and that procedures and training requirements for the administration and use of the EFB device and the EFB application have been established and implemented; these shall include procedures for: (i) operating the EFB; (ii) the management of changes to the EFB; (iii) the management of EFB data; (iv) EFB maintenance; and (v) EFB security; (4) the EFB host platform is suitable for the intended use of the EFB application. This demonstration shall be specific to the EFB application and the EFB host platform on which the application is installed.’ D. Annex VI (Part-NCC) to Commission Regulation (EU) No 965/2012 is amended as follows: 1. Point NCC.GEN.131 is inserted as follows: ‘NCC.GEN.131 Use of electronic flight bags (EFBs) (a) Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft. (b) Prior to using a type B EFB application, the operator shall: (1) conduct a risk assessment related to the use of the EFB device that hosts the application and to the EFB application concerned and its associated function(s), identifying the associated risks and ensuring that they are appropriately managed and mitigated; the risk assessment shall address the risks associated with the human– machine interface of the EFB device and the EFB application concerned; and (2) establish an EFB administration system, including procedures and training requirements for the administration and use of the device and the EFB application.’ 5 E. Annex VII (Part-NCO) to Commission Regulation (EU) No 965/2012 is amended as follows: 1. Point NCO.GEN.125 is replaced by the following: ‘NCO.GEN.125 Portable electronic devices The pilot-in-command shall not permit any person to use a portable electronic device (PED) on board an aircraft, including an electronic flight bag (EFB), that could adversely affect the performance of the aircraft systems and equipment or the ability of the flight crew member to operate the aircraft.’ F. Annex VIII (Part-SPO) to Commission Regulation (EU) No 965/2012 is amended as follows: 1. Point SPO.GEN.131 is inserted as follows: ‘SPO.GEN.131 Use of electronic flight bags (EFBs) (a) Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft. (b) Prior to using a type B EFB application, the operator shall: (1) conduct a risk assessment related to the use of the EFB device that hosts the application, to the EFB application concerned and its associated function(s), identifying the associated risks and ensuring that they are appropriately mitigated; the risk assessment shall address the risks associated with the human–machine interface of the EFB device and the EFB application concerned; and (2) establish an EFB administration system, including procedures and training requirements for the administration and use of the EFB device and the EFB application.’ 6 EUROPEAN COMMISSION Brussels, XXX […](2017) XXX draft ANNEX to EASA Opinion No 10/2017 COMMISSION REGULATION (EU) No …/.. of XXX amending Commission Regulation (EU) No 965/2012 as regards the transposition of provisions on electronic flight bags from ICAO Annex 6 EN EN  DRAFT COMMISSION REGULATION (EU) …/… of XXX amending Commission Regulation (EU) No 965/2012 as regards the transposition of provisions on electronic flight bags from ICAO Annex 6 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 (1), and in particular Article 8(5) thereof, Whereas: (1) Operators involved in the operation of aircraft referred to in Article 4(1)(b) and (c) of Regulation (EC) No 216/2008 shall comply with the relevant essential requirements set out in Annex IV to that Regulation. (2) In accordance with Regulation (EC) No 216/2008, the Commission shall adopt the necessary implementing rules to establish the conditions for the safe operation of aircraft. (3) In 2014, ICAO introduced in Annex 6, Part I and Part III Section II, provisions for the use of electronic flight bags for commercial air transport operations. These provisions contain generic requirements for the use of EFBs and also a requirement for an operational approval for the use of EFB applications used for the safe operation of aircraft. Aligning itself with these ICAO provisions and with those of the FAA, the present Regulation amends Commission Regulation (EU) No 965/2012 of 5 October 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 (2) by introducing for commercial air transport a new implementing rule containing generic requirements for the use of electronic flight bags and a new dedicated ‘Subpart M — Electronic flight bags’ into Annex V — Specific Approvals (Part-SPA) supporting an operational approval for the use of electronic flight bag applications that have a failure condition limited to minor. (4) In 2014, ICAO introduced in Annex 6, Part II and Part III Section III, provisions for the use of electronic flight bags in general aviation. These provisions contain generic requirements for the use of electronic flight bags and also a requirement for Contracting States to establish criteria for the use of electronic flight bag applications used for the safe operation of aircraft. Aligning itself with these ICAO provisions, the present Regulation amends Commission Regulation (EU) No 965/2012 by introducing for non-commercial operations with complex motor-powered aircraft and for specialised operations with complex motor-powered aircraft new implementing rules containing generic requirements for the use of electronic flight bags and requirements (1) OJ L 79, 19.3.2008, p. 1. (2) OJ L 296, 25.10.2012, p. 1. EN 2 EN  for the use of electronic flight bag applications with a failure condition limited to minor. Furthermore, the present Regulation amends Commission Regulation (EU) No 965/2012 by aligning for non-commercial operations with other-than-complex motor-powered aircraft the requirements for portable electronic devices with the generic ICAO provisions for electronic flight bag equipment. (5) The measures provided for in this Regulation are based on the Opinion (3) issued by the European Aviation Safety Agency in accordance with Articles 17(2)(b) and 19(1) of Regulation (EC) No 216/2008. (6) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 65(1) of Regulation (EC) No 216/2008, HAS ADOPTED THIS REGULATION: Article 1 Commission Regulation (EU) No 965/2012 and Annex I (Definitions), Annex II (Part-ARO), Annex IV (Part-CAT), Annex V (Part-SPA), Annex VI (Part-NCC), Annex VII (Part-NCO) and Annex VIII (Part-SPO) thereto are amended as laid down in the Annex to this Regulation. Article 2 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 by 1 July 2019 at the latest. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission The President […] (3) Opinion No 10/2017 of the European Aviation Safety Agency of 18 December 2017 for a draft Commission Regulation amending Commission Regulation (EU) No 965/2012. EN 3 EN European Aviation Safety Agency Opinion No 10/2017 Transposition of provisions on electronic flight bags from ICAO Annex 6 RELATED NPA/CRD: 2016-12 — RMT.0601 EXECUTIVE SUMMARY The objective of this Opinion is to maintain a high level of safety with regard to the use of electronic flight bags (EFBs) by all types of operators. This Opinion proposes to amend Regulation (EU) No 965/2012 by: — introducing EFB-related definitions into Annex I (Definitions); — introducing implementing rules (IRs) for the use of EFBs by commercial air transport (CAT) operators, including an operational approval for the use of EFB applications having a failure condition limited to minor; and — introducing proportionate requirements for the use of EFBs by non-commercial operations with complex motor-powered aircraft (NCC)/commercial specialised operations (SPO)/SPO with complex motor-powered aircraft (CMPA) operators. The proposed amendments are expected to maintain the current level of safety while ensuring compliance with the ICAO Standards and Recommended Practices (SARPs) and limiting the regulatory burden due to the introduction of the operational approval for CAT operations. Action area: Airlines Affected rules: Commission Regulation (EU) No 965/2012: — Annex I (Definitions), — Annex II (Part-ARO), — Annex IV (Part-CAT), — Annex V (Part-SPA), — Annex VI (Part-NCC), — Annex VII (Part-NCO), — Annex VIII (Part-SPO) Affected stakeholders: Operators, competent authorities Driver: Level playing field Rulemaking group: Yes Impact assessment: Full Rulemaking Procedure: Standard 5.10.2015 4.10.2016 18.12.2017 2018/Q3 2018/Q3 TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 1 of 10 An agency of the European Union  European Aviation Safety Agency Opinion No 10/2017 Table of contents Table of contents 1. About this Opinion............................................................................................................................... 3 1.1. How this Opinion was developed ........................................................................................................3 1.2. The next steps......................................................................................................................................3 2. In summary — why and what ............................................................................................................... 4 2.1. Why we need to change the rules — issue/rationale .........................................................................4 2.2. What we want to achieve — objectives ..............................................................................................4 2.3. How we want to achieve it — overview of the proposals ...................................................................4 2.3.1. Annex I (Definitions) ........................................................................................................................4 2.3.2. Annex II (Part-ARO)..........................................................................................................................5 2.3.3. Annex IV (Part-CAT) .........................................................................................................................5 2.3.4. Annex V (Part-SPA) ..........................................................................................................................5 2.3.5. Annex VI (Part-NCC).........................................................................................................................5 2.3.6. Annex VII (Part-NCO) .......................................................................................................................5 2.3.7. Annex VIII (Part-SPO) .......................................................................................................................6 2.4. What are the stakeholders’ views — outcome of the consultation....................................................6 2.5. What are the expected benefits and drawbacks of the proposals .....................................................6 3. References .......................................................................................................................................... 8 3.1. Affected regulations ............................................................................................................................8 3.2. Related decisions .................................................................................................................................8 3.3. Other reference documents ................................................................................................................9 4. Appendix ........................................................................................................................................... 10 TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 2 of 10 An agency of the European Union  European Aviation Safety Agency Opinion No 10/2017 1. About this Opinion 1. About this Opinion 1.1. How this Opinion was developed The European Aviation Safety Agency (EASA) developed this Opinion in line with Regulation (EC) No 216/20081 (hereinafter referred to as the ‘Basic Regulation’) and the Rulemaking Procedure2. This rulemaking activity is included in EASA’s Rulemaking Programme for 2014–20173 under rulemaking task RMT.0601. The scope and timescales of the task were defined in the related ToR4. The draft text of this Opinion has been developed by EASA based on the input of Rulemaking Group (RMG) RMT.0601 for CAT, NCC and SPO with CMPA operations and for non-commercial operations with other-than-complex motor-powered aircraft (NCO) based on the outcome of a technical consultation with general aviation stakeholders organised by EASA to ensure proportionate requirements for this type of operations. All interested parties were consulted through Notice of Proposed Amendment (NPA) 2016-12 ‘Transposition of provisions on electronic flight bags from ICAO Annex 6’5,6. 266 comments were received from interested parties, including EFB developers, national aviation authorities (NAAs) and operators. EASA has addressed and responded to the comments received on the NPA. The comments received and the EASA responses thereto are presented in Comment-Response Document (CRD) 2016-127. The final text of this Opinion and of the draft regulation has been developed by EASA. The draft rule text proposed by EASA is published on the EASA website8. The major milestones of this rulemaking activity are presented on the title page. 1.2. The next steps This Opinion contains the proposed amendments to Regulation (EU) No 965/2012 and their potential impacts. It is submitted to the European Commission to be used as a technical basis in order to prepare an EU regulation. For information, EASA published the draft text for the related EASA decision containing acceptable means of compliance (AMCs)/guidance material (GM). The final decision issuing/amending the AMCs/GM will be published by EASA once the European Commission has adopted the regulation. 1 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 (OJ L 79, 19.3.2008, p. 1) (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1467719701894&uri=CELEX:32008R0216). 2 EASA is bound to follow a structured rulemaking process as required by Article 52(1) of Regulation (EC) No 216/2008. Such a process has been adopted by the EASA Management Board (MB) and is referred to as the ‘Rulemaking Procedure’. See MB Decision No 18-2015 of 15 December 2015 replacing Decision 01/2012 concerning the procedure to be applied by EASA for the issuing of opinions, certification specifications and guidance material (http://www.easa.europa.eu/the-agency/management- board/decisions/easa-mb-decision-18-2015-rulemaking-procedure). 3 https://www.easa.europa.eu/system/files/dfu/RMP-EPAS_2017-2021.pdf 4 https://www.easa.europa.eu/system/files/dfu/ToR%20RMT.0601%20%26%20RMT.0602%20Issue%201.pdf 5 https://www.easa.europa.eu/document-library/notices-of-proposed-amendment/npa-2016-12 6 In accordance with Article 52 of Regulation (EC) No 216/2008, and Articles 6(3) and 7 of the Rulemaking Procedure. 7 http://easa.europa.eu/document-library/comment-response-documents 8 http://easa.europa.eu/document-library/opinions TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 3 of 10 An agency of the European Union  European Aviation Safety Agency Opinion No 10/2017 2. In summary — why and what 2. In summary — why and what 2.1. Why we need to change the rules — issue/rationale The main issue to be addressed by this Opinion is the promotion of a level playing field for European companies wishing to use EFBs. This level playing field issue is linked with the following current conditions: — There is a lack of requirements in the area of EFBs, as only AMC 20-25 is available; — There are currently no provisions for the use of EFBs in NCC, NCO and SPO, as AMC 20-25 is only applicable to CAT operations; — The current ICAO provisions for EFBs in Annex 6 Part I, II and III, applicable since November 2014, have not yet been transposed into the European regulatory framework. 2.2. What we want to achieve — objectives The overall objectives of the EASA system are defined in Article 2 of the Basic Regulation. This proposal will contribute to the achievement of the overall objectives by addressing the issues outlined in Chapter 2. The specific objective of this proposal is to: — ensure compliance with the ICAO SARPs; — provide specific requirements on the use of EFBs in the Air Operations Regulation for CAT operations; — provide requirements proportionate to the complexity of the operations and/or propose safety promotion actions related to the use of EFBs for non-commercial operations and specialised operations; and — conduct a first review of AMC 20-25 based on the experience gained so far by competent authorities since its publication. 2.3. How we want to achieve it — overview of the proposals (1) With regard to CAT operations, the main change is the introduction of an operational approval for the use of type B EFB applications by CAT operators. 2.3.1. Annex I (Definitions) The following amendments are proposed: (2) The introduction of new EFB-related definitions transposed from AMC 20-25 (for airport moving map displays (AMMD), type A and type B EFB applications, miscellaneous (non-EFB) software applications, human–machine interfaces, EFB systems, EFB host platforms, EFB mounting devices, EFB system suppliers, portable EFBs, installed EFBs, EFB installed resources and viewable stowage). (3) The introduction of definitions for portable electronic device (PED), controlled PED (C-PED) and transmitting PED (T-PED), which were previously contained in GM in different annexes. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 4 of 10 An agency of the European Union  European Aviation Safety Agency Opinion No 10/2017 2. In summary — why and what 2.3.2. Annex II (Part-ARO) The following change is proposed: (4) The introduction of a specific approval for the use of type B EFB applications into the operations specification template. 2.3.3. Annex IV (Part-CAT) The following amendments are proposed: (5) The introduction of a new IR related to the use of EFBs. This IR is mostly focused on the hardware part of the EFB, but also specifies that an approval in accordance with Part-SPA is required for the use of type B EFB applications. (6) The removal of the requirement in point CAT.POL.MAB.105 for an operational approval related to the use of an on-board computerised mass and balance system as the case of non-certified mass and balance applications is covered by the new requirement for an operational approval for the use of type B EFB applications. With regard to certified on-board mass and balance applications, they are part of the avionics and it is considered that an operational approval is not relevant. In addition, the provisions related to the use of computerised mass and balance systems have been clarified by specifying the objective of the integrity test and by mentioning that the operator establishes procedures related to the use of such systems and integrates them into its operations manual. 2.3.4. Annex V (Part-SPA) The following amendments are proposed: (7) The introduction of a new Subpart M to Part-SPA, named SPA.EFB, including a new IR related to the approval for the use of type B EFB applications. This IR focuses on the risk assessment to be developed by the operator, on the human–machine interface (HMI) assessment to be performed by the operator, on the EFB administration system, procedures and training requirements to be established by the operator, and on the suitability of the hardware for the intended use of the EFB application. 2.3.5. Annex VI (Part-NCC) The following amendments are proposed: (8) The introduction of a new IR related to the use of EFBs. This IR deals with the hardware for all EFBs, but also with type B EFB applications. As regards the latter, a risk assessment and an EFB administration system (including procedures and training requirements) have to be developed by the operator. 2.3.6. Annex VII (Part-NCO) The following amendments are proposed: (9) Amendment of the existing IR related to PEDs to align it with the ICAO provisions. TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 5 of 10 An agency of the European Union  European Aviation Safety Agency Opinion No 10/2017 2. In summary — why and what 2.3.7. Annex VIII (Part-SPO) The following amendments are proposed: (10) The introduction of a new IR related to the use of EFBs. This IR deals with the hardware for all EFBs, but also with type B EFB applications. As regards the latter, a risk assessment and an EFB administration system (including procedures and training requirements) have to be developed by the operator. 2.4. What are the stakeholders’ views — outcome of the consultation 266 comments were submitted by 40 commentators, including 9 EU NAAs, 8 EFB developers, 13 air operators and several associations. The comments mainly supported the proposed approach for CAT, i.e. the introduction of an operational approval for the use of type B EFB applications, and the absence of an operational approval for all other types of operations. A summary of the comments on the NPA, as well as the responses to the individual comments, is included in CRD 2016-12. The revised draft AMCs/GM are also included in the CRD. The outcome of the consultation of the proposed AMCs/GM will be available in the explanatory note to the decision that will be issued following the adoption of the regulation which will be based on the present Opinion. 2.5. What are the expected benefits and drawbacks of the proposals The comments received on the NPA have been duly considered by EASA in the preparation of this Opinion. In this respect, EASA proposes with this Opinion a clearer scope for the approval of the use of EFB applications for CAT operations, which is expected to ensure a level playing field in this area. In addition, proportionality is ensured for NCC, SPO and NCO by not introducing any operational approval and by proposing requirements which are adapted to the risks involved and to the resources of the affected operators. As regards CAT operations, the proposal is expected to incur low implementation costs for the affected stakeholders (operators and competent authorities) and hence has a low negative economic impact. For Member States that have elected to already require an operational approval for the use of EFBs, the implementation costs are still considered to be low as the related approvals are in any case based on the current content of AMC 20-25 which has been transposed without major changes. Therefore, the affected operators should have already demonstrated compliance with AMC 20-25 to their competent authorities. Furthermore, the rules will bring benefits in terms of positive environmental impacts (reduced fuel burn, reduced paper consumption, reduced weight carried on board aircraft), increased operational efficiency, and increased safety of operations as flight crews will have access to more up-to-date information for operational decision-making. The proposal ensures harmonisation with ICAO Annex 6 and introduces as well proportional requirements by limiting the scope of the operational approval for CAT operators to some EFB applications. As regards NCC, SPO and NCO operations, the objective of the proposed rules is to provide for a level playing field by ensuring compliance with ICAO Annex 6 and introducing proportionate requirements adapted to the risks involved and to the resources of the affected operators. In addition, there would be a positive medium safety impact because the proposed rules will address the main risks associated with the use of EFBs. Compliance costs for these operators are expected to be low due to the very limited number of applications within the scope of the proposed rules. Overall, the proposal is TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 6 of 10 An agency of the European Union  European Aviation Safety Agency Opinion No 10/2017 2. In summary — why and what expected to bring a level playing field benefit by providing requirements that are proportionate to the complexity of the operations in question. 2.6. How do we monitor and evaluate the rules Monitoring will generate factual information on the current level of rule implementation. With respect to this proposal, EASA suggests to monitor the following: Indicator When it will be How it will be Who will be in charge monitored monitored of the monitoring Findings from Annually Via standardisation EASA standardisation inspection inspections Flight Standards reports regarding non- Directorate compliance with the results Authorities’/organisations’ Annually Via internal database EASA requests for, and EASA Flight Standards opinion on, Directorate exemptions/derogations based on Article 14 of the Basic Regulation Number of AltMoCs issued Annually Via internal database EASA with regard to Flight Standards the EFB rules Directorate In addition, monitoring will be performed in terms of collecting and analysing data from different available sources through several tools (e.g. surveys). The responsible actors (e.g. Member States, national aviation authorities, operators, etc.) for collecting and providing the data will be specified in the implementation phase. In addition, the proposal might be subject to evaluation in order to judge how effective the adopted rules have been, or are, taking account the predictions made in the impact assessment. The evaluation will provide an evidence-based judgement of the extent to which the proposal has been effective and efficient, consistent, and has achieved EU added value. The decision whether an evaluation will be necessary will be taken based also on the monitoring results. Done at Cologne, on 18 December 2017. Patrick KY Executive Director TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 7 of 10 An agency of the European Union  European Aviation Safety Agency Opinion No 10/2017 3. References 3. References 3.1. Affected regulations Commission Regulation (EU) No 965/2012 of 5 October 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 (OJ L 296, 25.10.2012, p. 1), specifically: — The Cover Regulation; — Annex I (Definitions); — Annex II (Part-ARO) ‘Authority requirements for air operations’; — Annex IV (Part-CAT) ‘Commercial air transport operations’; — Annex V (Part-SPA) ‘Specific approvals’; — Annex VI (Part-NCC) ‘Non-commercial air operations with complex motor-powered aircraft’; — Annex VII (Part-NCO) ‘Non-commercial air operations with other-than complex motor-powered aircraft’; and — Annex VIII (Part-SPO) ‘Specialised operations’ 3.2. Related decisions — Decision No 2012/015/Directorate R of the Executive Director of the Agency of 24th October 2012 on acceptable means of compliance and guidance material to Commission Regulation (EU) No 965/2012 of 5 October 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 (‘Guidance Material to Annex I — Definitions’) — Decision 2014/025/R of the Executive Director of the Agency of 28 July 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-ARO of Regulation (EU) No 965/2012 and repealing Decision 2014/014/R of the Executive Director of the Agency of 24 April 2014 (‘AMC and GM to Part-ARO — Issue 3’) — Decision 2014/017/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-ORO of Regulation (EU) No 965/2012 and repealing Decision 2012/017/R of the Executive Director of the Agency of 24 October 2012 (‘AMC and GM to Part-ORO — Issue 2’) — Decision 2014/015/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-CAT of Regulation (EU) No 965/2012 and repealing Decision 2012/018/R of the Executive Director of the Agency of 24 October 2012 (‘AMC and GM to Part-CAT — Issue 2’) — Decision No 2012/019/Directorate R of the Executive Director of the Agency of 24th October 2012 on Acceptable Means of Compliance and Guidance Material to Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 8 of 10 An agency of the European Union  European Aviation Safety Agency Opinion No 10/2017 3. References Parliament and of the Council (‘Acceptable Means of Compliance and Guidance Material to Part-SPA’) — Decision No 2013/021/Directorate R of the Executive Director of the Agency of 23 August 2013 on adopting Acceptable Means of Compliance and Guidance Material for Non-commercial operations with complex motor-powered aircraft (‘Part-NCC’) — Decision 2014/016/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-NCO of Regulation (EU) No 965/2012 and repealing Decision 2013/022/R of the Executive Director of the Agency of 23 August 2013 (‘AMC and GM to Part-NCO — Issue 2’) — Decision 2014/018/R of the Executive Director of the Agency of 24 April 2014 adopting Acceptable Means of Compliance and Guidance Material to Part-SPO of Regulation (EU) No 965/2012 (‘AMC and GM to Part-SPO’) 3.3. Other reference documents — ICAO Annex 6 ‘Operation of Aircraft’ — Part I, II and III — ICAO Doc 10020 ‘Manual of Electronic Flight Bags (EFBs)’ TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 9 of 10 An agency of the European Union  European Aviation Safety Agency Opinion No 10/2017 4. Appendix 4. Appendix Appendix to Opinion No 10/2017 ‘Transposition of provisions on electronic flight bags from ICAO Annex 6’: CRD to NPA 2016-12 TE.RPRO.00036-005 © European Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 10 of 10 An agency of the European Union