Regulation (EU) 2021/1296
(a) As part of the fuel/energy scheme, the operator shall establish a fuel/energy planning and in‑flight re-planning policy to ensure that the aircraft carries a sufficient amount of usable fuel/energy to safely complete the planned flight and to allow for deviations from the planned operation.
(b) The operator shall ensure that the fuel/energy planning of flights is based upon at least the following elements:
(1) procedures contained in the operations manual as well as:
(i) current aircraft-specific data derived from a fuel/energy consumption monitoring system or, if not available;
(ii) data provided by the aircraft manufacturer; and
(2) the operating conditions under which the flight is to be conducted including:
(i) aircraft fuel/energy consumption data;
(ii) anticipated masses;
(iii) anticipated meteorological conditions;
(iv) the effects of deferred maintenance items and/or configuration deviations; and
(v) anticipated delays.
(c) For aeroplanes, the operator shall ensure that the pre-flight calculation of the usable fuel/energy that is required for a flight includes:
(1) taxi fuel/energy that shall not be less than the amount expected to be used prior to take‑off;
(2) trip fuel/energy that shall be the amount of fuel/energy that is required to enable the aeroplane to fly from take-off, or from the point of in-flight re-planning, to landing at the destination aerodrome;
(3) contingency fuel/energy that shall be the amount of fuel/energy required to compensate for unforeseen factors;
(4) destination alternate fuel/energy
(i) when a flight is operated with at least one destination alternate aerodrome, it shall be the amount of fuel/energy required to fly from the destination aerodrome to the destination alternate aerodrome; or
(ii) when a flight is operated with no destination alternate aerodrome, it shall be the amount of fuel/energy required to hold at the destination aerodrome to compensate for the lack of a destination alternate aerodrome;
(5) final reserve fuel/energy that shall be protected to ensure a safe landing; the operator shall take into account all of the following, and in the following order of priority, to determine the quantity of the final reserve fuel/energy:
(i) the severity of the hazard to persons or property that may result from an emergency landing after fuel/energy starvation;
(ii) the likelihood of unexpected circumstances that the final reserve fuel/energy may no longer be protected;
(6) additional fuel/energy, if required by the type of operation; it shall be the amount of fuel/energy to enable the aeroplane to perform a safe landing at a fuel/energy en route alternate aerodrome (fuel/energy ERA aerodrome critical scenario) in the event of an engine failure or loss of pressurisation, whichever requires the greater amount of fuel/energy, based on the assumption that such a failure occurs at the most critical point along the route; this additional fuel/energy is required only if the minimum amount of fuel/energy that is calculated according to points (c)(2) to (c)(5) is not sufficient for such an event;
(7) extra fuel/energy to take into account anticipated delays or specific operational constraints; and
(8) discretionary fuel/energy, if required by the pilot-in-command.
(d) For helicopters, the operator shall ensure that the pre-flight calculation of the usable fuel/energy that is required for a flight includes all of the following:
(1) fuel/energy to fly to the aerodrome or operating site of intended landing;
(2) if a destination alternate is required, destination alternate fuel/energy, which shall be the amount of fuel/energy that is required to execute a missed approach at the aerodrome or operating site of intended landing, and thereafter, to fly to the specified destination alternate, approach and land; and
(3) final reserve fuel/energy, which shall be protected to ensure a safe landing; the operator shall take into account all of the following, and in the following order of priority, to determine the quantity of the final reserve fuel/energy:
(i) the severity of the hazard to persons or property that may result from an emergency landing after fuel/energy starvation; and
(ii) the likelihood of such unexpected circumstances that the final reserve fuel/energy may no longer be protected;
(4) extra fuel/energy to take into account anticipated delays or specific operational constraints; and
(5) discretionary fuel/energy, if required by the pilot-in-command.
(e) The operator shall ensure that, if a flight has to proceed to a destination aerodrome other than the one originally planned, in-flight re-planning procedures for calculating the required usable fuel/energy are available and comply with points (c)(2) to (c)(7) for aeroplanes, and point (d) for helicopters.
(f) The pilot in command shall only commence a flight or continue in the event of in-flight re‑planning, when satisfied that the aircraft carries at least the planned amount of usable fuel/energy and oil to safely complete the flight.
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