Regulation (EU) 2018/1976 lays down detailed rules for the operation of sailplanes.
Operators of sailplanes shall operate the sailplane in accordance with the requirements set out in Annex II (Part-SAO).
For commercial operations with sailplanes, there is no requirement to be certified (being holder of an AOC [Air Operator Certificate]) but those operators shall only be entitled to engage in such commercial operations after having declared to the competent authority (DAC) their capacity and means to discharge the responsibilities associated with the operation of the sailplane. They shall make that declaration and operate the sailplane in accordance with the requirements set out in Annex II (Part-SAO).
The structure of the Regulation (EU) 2018/1976 is the following:
Marginal activities
The term ‘marginal activity’ should be understood as representing a very minor part of the overall activity of an organisation, mainly for the purpose of promoting itself or attracting new students or members. An organisation intending to offer such flights as regular business activity is not considered to meet the condition of marginal activity. Also, flights organised with the sole intent to generate income for the organisation, are not considered to be a marginal activity.
According to AMC1 ARO.OPS.300, the following criteria are to be considered for marginal activities:
- Activity which takes place less than 20 days per calendar year, and
- Activity which does not generate profit distributed outside of the organisation.
When such activity takes place, the organisation should inform the DAC.
Declaration for commercial sailplane operators
According to Article 3 of Regulation (EU) 2018/1976, operators engaged in commercial operations with sailplanes shall declare to the DAC their capacity and means to discharge the responsibilities associated with the operation of the sailplane.
The declaration to the DAC shall be made using the following template: Sailplanes Declaration Template
This step is further described on MyGuichet.
The operator shall include in the declaration all of the following information:
- the name of the operator;
- the place where the operator has its principal place of business;
- the name and contact details of the operator;
- the starting date of the commercial operation and, where relevant, the date at which the change to an existing commercial operation takes effect;
- in respect of all sailplanes used for the commercial operation, the sailplane type, registration, main base, type of operation and continuing airworthiness management organisation.
The operator shall notify the DAC without delay of any changes in circumstances affecting its compliance with the applicable requirements as declared to the DAC.
The operator shall notify the DAC without delay when it is no longer engaged in commercial operations with sailplanes.
Additional information
In case of questions related to sailplane operations, please consult our FAQ below or send an e-mail to ops@av.etat.lu.
Frequently Asked Questions
Where can I find the applicable requirements?
On EASA website: https://easa.europa.eu/regulations
Are the rules related to sailplanes included in Regulation (EU) No 965/2012?
No, the rules for sailplane air operations have been removed from Regulation (EU) No 965/2012 and a dedicated regulation (Implementing Regulation (EU) 2018/1976) has been developed.
What is the definition of operator?
According to Article 3 of Regulation (EC) No 216/2008, an operator shall mean any legal or natural person, operating or proposing to operate one or more aircraft.
What is a sailplane?
According to Article 2 of Regulation (EU) 2018/1976, a sailplane means a heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine.
Are powered sailplanes subject to Implementing Regulation (EU) 2018/1976?
Yes, they are. Powered sailplanes are also subject to Regulation (EU) 2018/1976. Some dedicated requirements have been developed within Part-SAO.
Do I need to have an Air Operator Certificate (AOC) to perform commercial operations with sailplanes?
No, according to Article 3 of Regulation (EU) 2018/1976, operators of sailplanes shall engage in commercial operations only after having declared to the competent authority their capacity and means to discharge the responsibilities associated with the operation of the sailplane.
To summarize, only a declaration is required, no AOC.
I am a private operator of sailplane, which parts of Implementing Regulation (EU) 2018/1976 are applicable to me?
As non-commercial operator, the following parts and subparts are applicable to you:
- Cover regulation (articles)
- Annex I Part-DEF
- Annex II Part-SAO – Subpart GEN, Subpart OP and Subpart IDE
I am a commercial operator of sailplanes, which parts of Implementing Regulation (EU) 2018/1976 are applicable to me?
As commercial operator, the following parts and subparts are applicable to you:
- Cover regulation (articles)
- Annex I Part-DEF
- Annex II Part-SAO – Subpart GEN, Subpart OP, Subpart IDE and Subpart DEC
Is a declaration required for all the commercial operations?
According to Article 3 of Implementing Regulation (EU) 2018/1976, the following operations with sailplanes do not required to declare their activities:
- cost-shared operations, provided that the direct costs of the flight of the sailplane and a proportionate part of the annual costs incurred for the storage, insurance and maintenance of the sailplane are shared by the individuals on board;
- competition flights or flying displays, provided that the remuneration or any other valuable consideration for such flights is limited to the recovery of the direct costs of the flight of the sailplane and a proportionate part of the annual costs incurred for the storage, insurance and maintenance of the sailplane and that any prizes gained do not exceed the value specified by the competent authority;
- introductory flights, flights for the purposes of parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created for the purposes of promoting aerial sport or leisure aviation, provided that the organisation operates the sailplane on the basis of either ownership or a dry lease agreement, that the flight does not generate profits distributed outside of the organisation and that such flights represent only a marginal activity of the organisation;
- training flights, performed by a training organisation having its principal place of business in a Member State and referred to in Article 10a of Regulation (EU) No 1178/2011.
Who is the competent authority as per requirement SAO.GEN.105?
The competent authority shall be the authority designated by the Member State where the operator has its principal place of business or, where the operator has no principal place of business, the place where the operator is established or resides.
For operators having their principal place of business or residing in Luxembourg, the DAC is the competent authority.
As sailplane 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. As mentioned in SAO.GEN.105, the competent authority (DAC) is subject to the requirements of Article 3 of Regulation (EU) No 965/2012 in accordance with Article 1(7) of Implementing Regulation (EU) 2018/1976.