Non-commercial operations with complex NCC aircraft

Operators carrying out non-commercial operations with complex motor-powered aircraft, in accordance with Article 5(3) of Commission Regulation (EU) No 965/2012 of 5 October 2012, must submit, before the start of their operation, the 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 participating in non-commercial specialised operations, shall operate the 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 carrying out flight training to, within or outside the Union.

All information regarding 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)

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

According to Article 140 of Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018, complex motor-powered aircraft are defined as:

• An aeroplane certified to:
  • a maximum take-off mass exceeding 5,700 kg; or
  • a maximum passenger seating configuration of more than 19; or
  • operate with a minimum crew of at least two pilots; or
  • equipped with one turbojet engine(s) or more than one turboprop engine.
• A certified helicopter for:
  • a maximum take-off mass exceeding 3175 kg; or
  • a maximum passenger seating configuration of more than nine; or
  • operate with a minimum crew of at least two pilots.
• A tiltrotator aircraft.

AUTHORISATIONS AND APPROVAL

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

• Approval of the MEL in accordance with ORO.MLR.105(b), (f), (g), NCC.IDE.A.105 and NCC.IDE.H.105.

Access to MEL Electronic Headquarters

• Approval for NCC operations with aircraft with an MOPSC greater than 19, which are conducted without an operating cabin crew member in accordance with ORO.CC.100(d).
• Approval to charge fuel/energy with engines running or rotors rotating in accordance with NCC.OP.157.

Access to NCC Electronic Headquarters

• Authorization for flights below minimum heights, to carry out certain operations to operate below obstacle clearance, according to SERA.5005(f).

Authorisation to perform flights below minimum heights SERA

• Specific approvals: The Competent Authority for issuing a specific approval to a non-commercial operator is the Authority of the State in which the operator is established or resides. The formats and instructions for obtaining the appropriate SPA approvals are available on the website.

For aircraft registered in non-EU third countries (or equivalent), it is established that the requirements of Part-SPA do not apply to specific approvals PBN, MNPS, RVSM and LVO 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 allow EASA to carry out the necessary checks in due time, these operators are recommended 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) No 965/2012.

NCC operators must develop an Operations Manual in accordance with the structure indicated in 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 included in the following link on the EASA website: www.easa.europa.eu.docx.

Likewise, the operator must inform the State Aviation Safety Agency of the cessation of its operations.

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

IMPORTANT: The declaration must be submitted by the operator of the aircraft(s). In this sense 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 the provisions of ORO.GEN.210 must sign the declaration. The necessary approvals (MEL, specific approvals) will be issued in the name of the owner/operator.
• The owner of the aircraft(s) may contract a third party to operate the aircraft(s) in accordance with GM1 ORO.DEC.100. The declaration must be signed by the Responsible Director of the organisation contracted by the owner. Prior to the presentation of the declaration, the contract signed between the owner and the organization 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 organization contracted to carry out the operation, and will be issued in the name of the same.

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 his electronic certificate. Once the system is signed, it will return the proof of the presentation of the declaration in the AESA 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 submitted to the EASA Registry or in accordance with the provisions of Article 16 of Law 39/2015 of 1 October 2015 on the Common Administrative Procedure of Public Administrations.

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

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

• Link to Responsible declaration in the AESA e-Office.
• Instructions for completing the declaration.

A user manual for using the application is available on the website of the State Aviation Safety Agency.

Resolutions of the State Aviation Safety Agency

• Decision of 27 July 2023 of the Directorate of the State Aviation Safety Agency extending the exemption granted by the Decision of 30 July 2021
• Resolution of 30 July 2021 – Extension Equipment Requirements Exemption Air Tractor AT 802

Information leaflets and safety promotion material

• Information leaflet on performance and surveillance equipment

Contact

For inquiries regarding non-commercial operations with complex motor-powered aircraft, please contact ncc.aesa@seguridadaerea.es