Non-commercial operations with complex motor-powered aircraft (NCC)

Regulation (EU) No 800/2013 amending Regulation (EU) No 965/2012 on Air Operations was adopted by the European Commission on 14/08/2013 and published in the Official Journal of the European Union on 24/08/2013. It adds up to the Regulation (EU) No 965/2012 with Annex VI (Part-NCC) and Annex VII (Part-NCO).

Annex VI covers non-commercial operations with complex motor-powered aircraft (aeroplanes and helicopters). The amendment also includes the consequent changes to the previously published Annexes I (Definitions), II (Part-ARO), III (Part-ORO) and V (Part-SPA). Annex IV (Part-CAT) is not affected by this amendment.

Regulation (EU) No 800/2013 entered into force and became applicable on 25/08/2013. The opt-out period ended on 24 August 2016.

Diagrams illustrating the rule structure are available here.

On the Regulations webpage, you can find more useful links including EASA Acceptable Means of Compliance (AMC) and Guidance Material (GM).

Who is affected?

  • Operators of complex motor-powered aircraft registered in an EASA State and having the principal place of business in an EASA State.
  • Operators of complex motor-powered aircraft registered in a state other than an EASA State but having their principal place of business (i.e. operator is established or residing) in an EASA State.

An EASA State is a State where the Commission Regulations on air operations apply.

Derogations for non-commercial operations with twin turboprop aeroplanes

The derogation to allow non-commercial operations of twin turboprop aeroplanes, with a MCTOM of 5 700 kg and below, to be operated under Part-NCO (Non-Commercial Operations) rules instead of Part-NCC was published in Regulation (EU) No 2016/1199 which amends Reg. (EU) NO 965/2012. It is included in Article 6.

Operators of this type of aircraft do not have to comply with Annex III Part-ORO (Organisation Requirements) of the Regulation (EU) No 965/2012 on air operations.


Parts of the Air OPS regulation (EU) No 965/2012 applicable to NCC operations:

  • ‘Cover’ Regulation Air operations
  • Annex I: Definitions for terms used in Annexes II to VIII
  • Annex II: Part-ARO: Authority requirements
  • Annex III: Part-ORO: Organisation requirements
  • Annex V: Part-SPA: Operations requiring specific approvals
  • Annex VI: Part-NCC: Non-commercial operations with complex motor-powered aircraft (CMPA)

See also the rule applicability table.


Operations Manual template for non-complex NCC operators

This template has been developed at the initiative of a group of stakeholders involved in non-commercial operations, to help air operators comply with the requirements of Reg. (EU) No 965/2012, AMC2 ORO.MLR.100 ‘Operations  general’.

Operations Manual template

The leaflet below summarises the objective
and reference framework and provides instructions
for use.

Operations Manual template - Leaflet

Target audience

The OM template for non-complex NCC operators is intended for the NCC operators having up to 20 full-time equivalents (FTE) and which are considered to have a non-complex structure and type of operation.

The OM template is in an editable version (MS Word) and can be downloaded free of charge.

Limitations

The OM template for non-complex NCC operators does not address the following activities:

  • Helicopter operations with CMPA;
  • SPO with high-risk activities;
  • Operation with cabin crew having safety tasks on board;
  • Leasing operations.
Legal status of the OM Template

The template was developed with the purpose of helping operators to write their own operations manual.
It should not be taken ‘as is’, but should be further customised by the operator, in order to reflect its size, type and complexity of operation.

The OM template is not mandatory. It is not EASA Guidance Material or an industry standard.

The template, once used by the operator, should be constantly updated with the requirements, applicable to NCC operators, which will be published after August 2016.

The use of the template does not guarantee an operator’s full compliance with the NCC rules. The other applicable requirements for NCC operators are still mandatory and must be complied with.


Rule development of Part-NCC:

  • Drafting principles for NCC rules
    • ICAO compliance with Annex 6 Part II and Part III Section III
    • Consistency with CAT rules and alignment where appropriate
    • Shift to performance based rulemaking and risk-based approach
    • Emphasis on SMS
    • Balance between Implementing rule (IR) and AMC level
      • Method to comply with safety objective – AMC level
      • Safety objective – IR level
    • Flexibility through alternative means of compliance tool
    • Proportionality

Definitions:

Non-commercial operation

  • An operation which is not a commercial operation
  • The term commercial operation is defined in Article 3 (letter (i)) of the Basic Regulation ((EC) No 216/2008):
    • “‘commercial operation’ shall mean any operation of an aircraft, in return forremuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator;”

Complex motor-powered aircraft

  • the term is defined in Article 3 (letter (j)) of the Basic Regulation:
    • “‘complex motor-powered aircraft’ shall mean:
      • an aeroplane:
        1. with a maximum certificated take-off mass exceeding 5 700 kg, or
        2. certificated for a maximum passenger seating configuration of more than nineteen, or
        3. certificated for operation with a minimum crew of at least two pilots, or
        • equipped with (a) turbojet engine(s) or more than one turboprop engine, or
      • a helicopter certificated:
        • for a maximum take-off mass exceeding 3 175 kg, or
        • for a maximum passenger seating configuration of more than nine, or
        • for operation with a minimum crew of at least two pilots, or
      • a tilt rotor aircraft;”
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