Frequently asked questions

The requirements for air operations are defined in Commission Regulation (EU) 965/2012 of 5 October 2012, which apply to both commercial and non-commercial operations.

The above-mentioned regulation defines specialised operations as any operation other than a commercial air transport operation in which an aircraft is used for specialised activities such as agriculture, construction, photography, surveillance, observation and patrol, aerial advertising, and maintenance verification flights, with skydiving being one of these operations.

Specialised operations may be commercial, where remuneration, whether commercial or non-commercial, and depending on the commercial or non-commercial nature of the transactions, is applicable different requirements as indicated in Article 5 of the Regulation, as follows:

1. Specialised commercial operations: They must comply with the requirements of Annex III and VIII of the Regulation. Since 21 April 2016 Commission Regulation (EU) 965/2012 of 5 October 2016 has been applicable in Spain to specialised operations which require compliance with Annexes III and VIII of that regulation and the submission of a declaration of compliance (requirement ORO.DEC.100) to the competent authority of the State in which the operator has its main base. 1. Skydiving 2. External Transport of Persons with Helicopter (HEC) 3. Sensational Flights 1. In this regard, since the operation to be carried out is classified as a high risk, it would be necessary to obtain an authorisation to carry out high-risk operations in accordance with requirement ORO.SPO.110. of Regulation 965/2012. 2. The aircraft to be used must obtain a minimum approved equipment list (MEL) in the name of the operator and for the aircraft concerned.

2. Specialised non-commercial operations with non-complex aircraft: They must comply with Annex VII of the Regulation. In addition, Article 6.4 of the Regulation provides for certain exemptions. In particular, it allows the launch of paratroopers, when carried out by an organisation set up with the aim of promoting air sports or recreational aviation (an aeroclub) with non-complex aircraft with a certain commercial character, to be carried out only in compliance with the requirements of Annex VII, i.e. by complying with the requirements for non-commercial operations, although certain conditions are laid down: a. The aircraft is operated by the organisation under ownership or unmanned lease, b. the flight does not generate profits distributed outside the organisation, and c. when non-members of the organisation participate, such flights represent only a marginal activity of the organisation. The nuance in this case is relative to marginal activity. In this regard, the guidance material to the regulation, approved by decision of the Executive Director of the European Aviation Safety Agency (EASA), provides as follows: GM2 Article 6.4a(c) Derogations, ED Decision 2014/019/R, MARGINAL ACTIVITY 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 the guide material of the regulation, if the organisation intends to offer flights as a regular activity, it does not meet the condition of marginal activity.

3. Moreover, the use of balloons as a parachute jumping platform is one of the possibilities provided for in Regulation EU2018/395. This activity may be carried out privately or with commercial interests. In the latter case, the trader must submit a declaration before the start of the business.

BOP.BAS.190 Specialised operations with balloons.

In accordance with the above-mentioned balloon operations regulation, this activity is one of those specifically considered as specialised, so a risk analysis must be carried out before it is carried out, either by means of a checklist for non-commercial operators or following the documented procedures of a POE (Standard Operating Procedure) of the commercial operator.

NON-COMMERCIAL OPERATORS

The case of private operations requires that the globe be owned (owned or leased) by a non-profit organisation or a school whose purpose is that, among other possible ones.

The use of a particular balloon by an individual would not be considered specifically intended for this purpose and would conflict with SERA.3125.

COMMERCIAL OPERATORS

The commercial offer of balloon operators to use their aircraft as a parachute jumping platform implies that, instead of a checklist, the operator has a Standard Operating Procedure (POE), which details the details of the operation.

This POE, which may be integrated into the Operator’s Operations Manual or be an independent document, identifies and defines all parameters and particularities of the parachute launch, taking into account the specific hazards and risks associated with the task and its own particularities (zones, balloons, flight crew requirements, equipment, jumpers, coordination, etc.), thereby consolidating its own operating procedures (AMC2 BOP.ADD.510).