Regulation (EU) No 965/2012 as amended lays down technical requirements and administrative procedures related to air operation. Non-commercial operations with complex aircraft are included in this regulation.
Operators of complex motor-powered aeroplanes, except complex motor-powered aeroplanes with a maximum certificated take-off mass (MCTOM) at or below 5 700 kg equipped with turboprop engines, and helicopters involved in non-commercial operations shall declare their capability and means to discharge their responsibilities associated with the operation of aircraft and operate the aircraft in accordance with the provisions specified in Annex III (Part-ORO), Annex VI (Part-NCC) and Annex V (Part-SPA) to Regulation (EU) No 965/2012.
This declaration (Declaration Template) shall be sent to ops@av.etat.lu before start of the intended NCC operations. This step is further described on MyGuichet.
In case of questions related to NCC regulation, please consult our FAQ below, consult EASA NCC page or send an e-mail to ops@av.etat.lu.
FAQ
Where can I find the applicable requirements?
On EASA website: https://easa.europa.eu/regulations
Which annexes of the Commission Regulation (EU) No 965/2012 are applicable to NCC operations?
From the operator prospective, the following annexes are applicable to NCC operations:
- Annex I: Definition
- Annex III: Organisation Requirements for Air Operations
- Annex V: Specific Approvals
- Annex VI: Non-Commercial Air Operations with Complex Motor-Powered Aircraft
What is the definition of operator?
According to Article 3 of Regulation (EU) 2018/1139, aircraft operator means any legal or natural person operating or proposing to operate one or more aircraft.
What is a complex motor-powered aircraft?
Complex motor-powered aircraft are defined in Article 3 of Regulation (EC) No 216/2008 and are either aeroplanes:
- with a maximum certificated take-off mass exceeding 5700 kg, or
- certificated for a maximum passenger seating configuration of more than 19, or
- certificated for operation with a minimum crew of at least 2 pilots, or
- equipped with (a) turbojet engine(s) or more than one turboprop engine
Or an helicopter:
- certificated for a maximum take-off mass exceeding 3 175 kg, or
- certificated for a maximum passenger seating configuration of more than 9, or
- certificated for operation with a minimum crew of at least 2 pilots.
Or a tilt rotor aircraft.
Remark: Regulation (EU) 2016/1199 exempts from NCC requirements operators of complex motor-powered aeroplanes with a maximum certificated take-off mass (MCTOM) at or below 5 700 kg equipped with turboprop engines. Those operators shall comply with NCO requirements.
Who is the competent authority as per requirement NCC.GEN.100?
The competent authority shall be the authority designated by the Member State in which the operator has its principal place of business, is established or is residing.
For non-commercial operations, the principal place of business is usually the home base of the aircraft concerned, or the location of the flight department.
My aircraft is registered in a Third Country but operated within a Member State, do NCC requirements apply?
Yes, they do. Commission Regulation (EU) No 965/2012 is applicable to all aircraft operated by Community operators irrespective of the State of registry.
Shall we appoint an Accountable Manager?
Yes. Requirement ORO.GEN.210 states that “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.”
As NCC operator, are we subjected to oversight from the competent authority?
Yes, you are. This is required by ARO.GEN.305 and the oversight programme shall include audits and inspections including ramp and unannounced inspections.