The Commission Regulation (EU) No 965/2012 as amended is laying 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 airplanes and helicopters engaged in non-commercial operations should:
- declare their capabilities and means to discharge their responsibilities related to 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) of Regulation (EU) 965/2012.
N.B. This obligation does not apply to complex engine airplanes with a maximum certified take-off mass (MCTOM) of 5,700 kg or less equipped with turboprop engines.
This declaration must be sent to email@example.com before the start of the planned operations of the NCC.
Where can I find the applicable requirements?
You can find informaiton on the requirements on the 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:
- Annexe I: Definition
- Annexe III: Organisation Requirements for Air Operations
- Annexe V: Specific Approvals
- Annexe 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 concern 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
- 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
Please note: Commission Regulation (EU) 2016/1199 of 22 July 2016 amending Regulation (EU) 965/2012 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 subject 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.