April 01, 2021


Considerations regarding Management System reviewed by Sofema Aviation Services (SAS) www.sassofia.com

The EU licensed air carrier also known as ā€˜the operatorā€™, needs to consider both the relevant Part-ORO rules and the applicable Part-M / Part CAMO requirements.

The operator should ā€˜scrutiniseā€™ all its activities under its hazard identification and risk management processes.

It is the operatorā€™s responsibility to ensure that all hazards including those connected with any continuing airworthiness management task are subjected to the applicable hazard identification procedures and that any related risks are managed as part of the operatorā€™s management system procedures.

The integration of safety management across all activities will lead to increased efficiency and effectiveness in hazard identification and risk management.

Concerning Nominated Persons Acceptance

Reference: Regulation (EU) No 965/2012 on Air Operations, Annex II (Part ARO, ARO.GEN.310, ARO.GEN.330), Annex III (Part ORO, ORO.GEN.130)

Part ORO does not mention any more acceptance/acceptability of nominated persons.

This is now replaced by the notion of changes requiring prior approval or changes not requiring prior approval.

During the initial certification process

  • Nominations of personnel, in general, are considered to be part of the verification of compliance performed by the competent authority and therefore covered by the issuance of the AOC.
  • Regarding changes to the certified organisation, the notion of changes requiring prior approval/changes not requiring prior approval applies, and therefore, formal approval of certain change is required.

Guidance is provided through GM1 ORO.GEN.130(a) and GM3 ORO.GEN.130(c).

Upon initial certification, the competent authority may agree with the organisation on a more specific scope of changes that do not require prior approval, on the basis of ARO.GEN.310(c), and within the limits of the applicable requirements.

Items not required to get prior approval are managed by the organisation based on a procedure approved by the competent authority for the management of such changes.

In any case, these changes have to be notified to the competent authority which will verify compliance with the applicable requirements ref – ORO.GEN.130(c) and ARO.GEN.330(c)).

Concerning Safety Manager

Regarding the specific case of the safety manager, it should be noted that there is no requirement for a safety manager at an implementing rule level.

The nomination of a safety manager is one means to comply with the IR objective. Therefore, a change in safety manager is not listed in the GMs to ORO.GEN.130:

A change in safety manager has not considered a change requiring prior approval from the competent authority, unless, the accountable manager fulfils the role of the safety manager, in which case a change would obviously require prior approval.

The above references are those to Regulation (EU) No 965/2012; the same provisions are included in Regulation (EU) No 290/2012 (ARA/ORA).

Organisation Requirements – Regulation (EU) No 965/2012

Ref – ORO.GEN.210 Personnel requirements

(a) The operator shall appoint an accountable manager, who has the authority for ensuring that all activities can be financed and carried out in accordance with the applicable requirements.

The accountable manager shall be responsible for establishing and maintaining an effective management system.

(b) A person or group of persons shall be nominated by the operator, with the responsibility of ensuring that the operator remains in compliance with the applicable requirements. Such person(s) shall be ultimately responsible to the accountable manager.

(c) The operator shall have sufficient qualified personnel for the planned tasks and activities to be performed in accordance with the applicable requirements.

(d) The operator shall maintain appropriate experience, qualifications, and training records to show compliance with point (c).

(e) The operator shall ensure that all personnel are aware of the rules and procedures relevant to the exercise of their duties.

Function of the Accountable Manager

Ref – GM1 ORO.GEN.210 – ED Decision 2017/007/R

Personnel requirements

(a) The accountable manager should have the overall responsibility for running the organisation.

(b) When the accountable manager is not the chief executive officer, the competent authority should be assured that the accountable manager has direct access to the chief executive officer and has the necessary air operations funding allocation.

Application for an Air Operator Certificate

Ref – Regulation (EU) 2015/1329 & ORO.AOC.100

The operator shall provide the following information to the competent authority:

(1) the official name and business name, address, and mailing address of the applicant;

(2) a description of the proposed operation, including the type(s), and number of aircraft to be operated;

(3) a description of the management system, including organisational structure;

(4) the name of the accountable manager;

(5) the names of the nominated persons required by ORO.AOC.135(a) together with their qualifications and experience;

(6) a copy of the operations manual required.

(c) Applicants shall demonstrate to the competent authority that:

(3) its organisation and management are suitable and properly matched to the scale and scope of the operation.

Concerning Nominated Persons

Ref – AMC1 ORO.AOC.135(a) Personnel requirements (ED Decision 2014/017/R)

(a) The person may hold more than one of the nominated posts if such an arrangement is considered suitable and properly matched to the scale and scope of the operation.

(b) A description of the functions and the responsibilities of the nominated persons, including their names, should be contained in the operations manual.

(c) The holder of an AOC should make arrangements to ensure continuity of supervision in the absence of nominated persons.

(d) The person nominated by the holder of an AOC should not be nominated by another holder of an AOC unless agreed with the competent authorities concerned.

(e) Persons nominated should be contracted to work sufficient hours to fulfil the management functions associated with the scale and scope of the operation. AMC2 ORO.AOC.135(a) Personnel requirements.

Combination of Nominated Persons Responsibilities

Ref ED Decision 2014/017/R

(a) The acceptability of a single person holding several posts, possibly in combination with being the accountable manager, should depend upon the nature and scale of the operation.

The two main areas of concern should be competence and an individualā€™s capacity to meet his/her responsibilities.

(b) As regards competence in different areas of responsibility, there should not be any different from the requirements applicable to persons holding only one post.

(c) The capacity of an individual to meet his/her responsibilities should primarily be dependent upon the scale of the operation. However, the complexity of the organisation or of the operation may prevent, or limit, combinations of posts which may be acceptable in other circumstances.

(d) In most circumstances, the responsibilities of a nominated person should rest with a single individual. However, in the area of ground operations, it may be acceptable for responsibilities to be split, provided that the responsibilities of each individual concerned are clearly defined. GM1 ORO.AOC.135(a) Personnel requirements.

Small Organisation Nominated Persons

Ref ED Decision 2014/017/R, ED Decision 2019/019/R9/019/R & GM2 ORO.AOC.135(a)

Personnel requirements – The smallest organisation that can be considered is the one-man organisation where all of the nominated posts are filled by the accountable manager, and audits are conducted by an independent person.

Competence of Nominated Persons

Ref GM2 ORO.AOC.135(a) & ED Decision 2019/019/R9/019/R

Personnel Requirements

(a) Nominated persons in accordance with ORO.AOC.135 should be expected to possess the experience and meet the qualification provisions of (b) to (f) respectively.

Note – Exceptionally, in particular cases, where the nominated person does not meet these provisions in full, the nominee should have comparable experience and also the ability to perform effectively the functions associated with the post and with the scale of the operation.

(b) Nominated persons for flight operations, crew training, and ground operations should have:

(1) practical experience and expertise in the application of aviation safety standards and safe operating practices;

(2) comprehensive knowledge of:

(i) the applicable EU safety regulations and any associated requirements and procedures;

(ii) the AOC holder’s operations specifications; and

(iii) the need for, and content of, the relevant parts of the AOC holder’s operations manual.

(3) familiarity with management systems preferably in the area of aviation;

(4) appropriate management experience, preferably in a comparable organisation; and

(5) 5 years of relevant work experience of which at least 2 years should be from the aeronautical industry in an appropriate position.

(c) Flight operations.

  • The nominated person should hold or have held a valid flight crew licence and the associated ratings appropriate to a type of operation conducted under the AOC.
  • In case the nominated personā€™s licence and ratings are not current, his/her deputy should hold a valid flight crew licence and the associated ratings.

(d) Crew training.

  • The nominated person or his/her deputy should be a current type rating instructor on a type/class operated under the AOC.
  • The nominated person should have a thorough knowledge of the AOC holderā€™s crew training concept for flight, cabin, and when relevant other crew.

(e) Ground operations.

  • The nominated person should have a thorough knowledge of the AOC holderā€™s ground operations concept.

(f) Continuing airworthiness.

  • The nominated person for continuing airworthiness or for the continuing airworthiness management contract, as the case may be, should have the relevant knowledge, background and experience in accordance with Regulation (EU) No 1321/2014.

Next Steps

Sofema Aviation Services & SofemaOnline provide EASA Compliant regulatory and vocational training including Regulation 965/2012 and Regulation 1178/2011.

Please see the following websites www.sassofia.com or www.sofemaonline.com or email team@sassofia.com for further details.


(EC) Regulation 1178/2011, (EC) Regulation 965/2012, Air Operator Certificate, AOC, AOC holders, aviation, EASA Management System, ORO.GEN.200, Part-ORO, Regulation (EU) 2015/1329 & ORO.AOC.100, SAS blogs