Reference: Regulation (EU) No 965/2012 on Air Operations
At the present stage no EU requirements exist for flights related to design and production activities (“manufacturer flights”). Instead these flights are regulated under national law. This is laid down in Paragraph 3 of Article 6 of Regulation (EU) No 965/2012 as follows:
“By way of derogation from Article 5(1) [air operations are regulated on a EU level], flights related to the introduction or modification of aircraft types conducted by design or production organisations within the scope of their privileges shall continue to be operated under the conditions set out in Member States' national law.”
However, the Agency started a rulemaking task (RMT.0348/0349) on “Flights related to design and production activities”. The goal is to establish a European regulatory framework for manufacturer flights including ferry flights, demo flights etc. At the present stage, a rulemaking group is working on a draft proposal to be published as “Notice of Proposed Amendments (NPA)” in 2014.