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 other-than complex motor-powered aircraft are included in this regulation.
The competent authority shall be the authority designated by the Member State where the aircraft is registered. For LX- registered aircraft, the competent authority is the DAC.
If the aircraft is registered in a third country, the competent authority shall be the authority designated by the Member State where the operator is established or residing. If a Luxembourgish operator is operating an other-than complex motor-powered aircraft registered in a third country (e.g. M- registered, N- registered…), the competent authority is the DAC.
Operators of other-than complex motor-powered aircraft shall operate the aircraft in accordance with the provisions specified in Annex VII (Part-NCO) and Annex V (Part-SPA) (if applicable) to Commission Regulation (EU) No 965/2012.
In case of questions related to NCO regulation, please consult our FAQ below and the EASA GA pages and https://www.easa.europa.eu/domains/general-aviation/operations-general-aviation or send an e-mail to ops@av.etat.lu.
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 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 take place, the organization should inform the DAC.
FAQ
Where can I find the applicable requirements?
The applicable requirements are available On the EASA website : https://easa.europa.eu/regulations
Which annexes of the Commission Regulation (EU) No 965/2012 are applicable to NCO operations?
From the operator’s perspective, the following annexes are applicable to NCC operations::
- Annexe I: Definition
- Annexe V: Specific Approvals (only if a SPA operation is needed)
- Annexe VII: Non-commercial operations with other-than 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 to 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 helicopters:
- 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.
Who is the competent authority as per requirement NCO.GEN.100?
The competent authority shall be the authority designated by the Member State where the aircraft is registered. For LX- registered aircraft, the competent authority is the DAC.
If the aircraft is registered in a third country, the competent authority shall be the authority designated by the Member State where the operator has its principal place of business, is established or is residing. If a Luxembourgish operator is operating an other-than complex motor-powered aircraft registered in a third country (e.g. M- registered, N- registered…), the competent authority is the DAC.
My aircraft is registered in a Third Country but operated within a Member State, do NCO requirements apply?
Yes. Commission Regulation (EU) No 965/2012 is also applicable to aircraft registered in a third country but operated by a Member State operator.
As NCO operator, are we subject to oversight from the competent authority?
Yes. This is required by ARO.GEN.300: the competent authority shall verify continued compliance with the applicable requirements of non-commercial operators of other-than complex motor-powered aircraft. There will be no formal oversight programme but inspections may be carried out on a needed basis. You are always likely to be inspected.
As Pilot-in-command, what are my responsibilities with regards to NCO?
According NCO.GEN.110, the pilot-in-command shall comply with the laws, regulations and procedures of those States where operations are conducted. In addition, NCO.GEN.105 defines the pilot-in-command’s responsibilities and authority.
What is the content of NCO requirements?
Part-NCO is divided into 5 subparts:
- Subpart A: General Requirements (NCO.GEN)
- Subpart B: Operational Procedures (NCO.OP)
- Subpart C: Aircraft Performance and Operating Limitations (NCO.POL)
- Subpart D: Instruments, Data and Equipment (NCO.IDE)
- Section 1: Aeroplanes (NCO.IDE.A)
- Section 2: Helicopters (NCO.IDE.H)
- Subpart E: Specific Requirements (NCO.SPEC) (for noncommercial specialised operations)
- Section 1: General
- Section 2: Helicopter external sling load operations (NCO.SPEC.HESLO)
- Section 3: Human external cargo operations (NCO.SPEC.HEC)
- Section 4: Parachute operations (NCO.SPEC.PAR)
- Section 5: Aerobatic flights (NCO.SPEC.ABF)
- Section 6: maintenance check flights (NCO.SPEC.MCF)
Which documents shall I carried on board?
NCO.GEN.135 defines the documents, manuals and information which shall be carried on each flight.
Can I use an MEL and to which conditions?
NCO.GEN.155 states that an MEL may be established (it is not required for other-than complex motor-powered aircraft). The MEL shall not be less restrictive than the MMEL. The MEL and any amendment thereto shall be notified to the competent authority.