Non-commercial operations with complex NCC aircraft

    Operators engaged in non-commercial operations with complex motor-powered aircraft in accordance with Article 5(3) of Commission Regulation (EU) 965/2012 of 5 October 2012 must submit, before the start of their operation, a corresponding declaration of compliance (requirement ORO.DEC.100) with the applicable requirements of Annexes III (Part-ORO), V (Part SPA) and VI (Part-NCC). Such operators, when engaged in specialised non-commercial operations, shall operate aircraft in accordance with the provisions also specified in Annex VIII (Part-SPO).

    Note: In accordance with Article 5(5)(a) of Regulation (EU) 965/2012, the provisions contained in Annex VI are also applicable to training organisations which have their main base of operations in an EU Member State (or equivalent) and which are approved in accordance with Regulation (EU) 1178/2011, when conducting flight training to, within or outside the Union.

    All the information relating to these operations can be found at the following link on the website of the European Aviation Safety Agency (EASA): Non-commercial operations with complex motor-powered aircraft (NCC)

    The Acceptable Means of Compliance (AMC) and the associated Guide Material (GM) are available on the EASA website: Air Operations.

    In accordance with Article 140 of Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July, complex motor-powered aircraft is defined as:

    • An aeroplane certified for:
      • a maximum take-off mass exceeding 5 700 kg; or
      • a maximum passenger seating configuration of more than 19; or
      • operate on a crew of at least two pilots; or
      • equipped with one turbojet engine(s) or more than one turboprop engine.
    • A helicopter certified for:
      • a maximum take-off mass exceeding 3 175 kg; or
      • a maximum passenger seating configuration of more than nine, or
      • operate on a minimum crew of at least two pilots.
    • A tilting rotor aircraft.

    In addition to the declaration of compliance with the applicable requirements, the operator must obtain prior approval or specific approval for certain operations before carrying out them, as specified below:

    • Previous approvals:
      • Approval of the MEL in accordance with ORO.MLR.105(b), (f), (g), NCC.IDE.A.105 and NCC.IDE.H.105.
      • Approval for NCC operations with aircraft with an MOPSC greater than 19, carried out without an operational cabin crew member in accordance with ORO.CC.100(d).
      • Approval to refuel fuel/energy with ignited engines or rotors rotating according to NCC.OP.157 (applicable from October 30, 2022).
    • Specific approvals: The Competent Authority to issue a specific approval to a non-commercial operator is the Authority of the State in which the operator is established or resident. The formats and instructions for obtaining the approvals of the ABP are available on the website.

    For aircraft registered in non-EU third countries (or equivalents), it is established that Part SPA requirements do not apply to specific PBN, MNPS, RVSM and LVO approvals if they are issued by the authority of the State of Registry in accordance with ICAO standards and if the conditions specified in AMC1 ARO.GEN.300(a)(2) are met. In order to enable EASA to carry out the necessary checks in due time, these operators are advised to contact EASA well in advance of the date of submission of the declaration.

    For other specific approvals, no recognition is foreseen and operators interested in obtaining specific approvals should contact the relevant EASA Air Operator Supervision Service in accordance with Part SPA of Regulation (EU) 965/2012.

    NCC operators should develop an Operations Manual in accordance with the structure indicated in the AMC2 ORO.MLR.100 in which the procedures to be applied by the operator are developed. To make this manual you can take into account the model contained in the following link on the EASA website:

    The operator must also inform the State Aviation Safety Agency of the cessation of its operations.

    Submission of the declaration in case of non-commercial operations with complex aircraft

    IMPORTANT: The declaration must be submitted by the operator of the aircraft(s). In this respect there are two possibilities:

    • The owner of the aircraft(s) is in turn the operator of the aircraft(s). In this case the Responsible Director appointed under ORO.GEN.210 must sign the declaration. The necessary approvals (MEL, specific approvals) will be issued on behalf of the owner/operator.
    • The owner of the aircraft(s) may hire a third party to operate the aircraft(s), as indicated in GM1 ORO.DEC.100. The Responsible Director of the organisation contracted by the owner must sign the declaration. Prior to the submission of the declaration, the contract signed between the owner and the organisation that will operate the aircraft must be submitted to the Aircraft Safety Directorate (DSA) of the State Aviation Safety Agency.

    The necessary approvals (MEL, specific approvals) must be requested by the contracted organisation to carry out the operation and issued in the name of the operation.

    The State Aviation Safety Agency has made available to operators a portal in which they can complete and submit the above-mentioned declaration in two different ways:

    • With electronic certificate: In the case of opting for this route, the Responsible Director of the operator must, once the declaration has been completed on the AESA website, sign it with its electronic certificate. Once the system has been signed, the document will be returned to you for the submission of the declaration to the EASA Telematic Register.
    • No electronic certificate. In this case the declaration will be generated in.pdf format from the AESA website. Once the declaration has been completed, it must be printed, signed by the Responsible Director and presented in the EASA Register or in accordance with Article 16 of Law 39/2015 of 1 October 2015 on the Common Administrative Procedure of Public Administrations.

    Important: It must provide two copies of the declaration, one of which shall be for EASA and the other shall be kept by the operator as proof of its submission.

    Once the declaration has been submitted, the operator shall be entitled to carry out non-commercial operations.

    At the State Aviation Safety Agency’s website you will find a user manual to use the application.

    Resolutions of the State Aviation Safety Agency

    Informative triptychs and safety promotion material


    For inquiries concerning non-commercial operations with complex motor-powered aircraft, please contact the mailbox

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