Hi Jens, maybe this could help you.
Specialised operations (SPO
SPO is any operation other than CAT where the aircraft is used for specialised activities such as:

agriculture
construction
photography
surveying
observation and patrol
aerial advertisement
Note that commercial operations and specialised operations are not exclusive, i.e. an SPO can be a commercial operation but it also can be a non-commercial operation. For example, an agriculture work, if done by a farmer on their own farm, would be non-commercial. If the same farmer did the same activity on a neighbour's farm for a fee, this would be a commercial operation (but not a CAT since no transportation takes place).

Hi,
according to Article 2 Definitions of Regulation (EU) No 1321/2014 ‘commercial specialised operations’ means those operations subject to the requirements of Part-ORO, Subpart-SPO set out in Annex III to Commission Regulation (EU) No 965/2012.

CAT other than those performed by air carriers means 'CAT other than air carriers licensed in accordance with Regulation (EC) No 1008/2008' referred in GM M.A.201 of Regulation (EU) No 1321/2014.
Depending on the type of aircraft following parts are meant: SPO, ATO, DTO and maybe Balloons Part-BOP Subpart-ADD and Sailplanes Part-SAO Subpart-DEC.

Hi Jens.

Your question usefully highlights the difference between CAT and the need to hold an operating licence. EU regulations differentiate between these for legal reasons, but we tend to not differentiate between them in day-to-day conversations. Air carriers must be licensed (as well as hold an AOC) to perform CAT operations with powered aircraft, e.g. aeroplanes and helicopters, but do not need to be licensed for CAT operations with unpowered aircraft, e.g. gliders and balloons.

Hence M.A.201(h) applies to non-CMPA, used for commercial specialised ops, e.g. C152 aerial photography, and/or for unlicensed CAT, e.g. balloon or glider. As I read it! (but the placing of commas in legal texts has huge significance, and I am not a lawyer!)

Hope that helps?

Hey,
"CAT operations other than those performed by air carriers licensed in
accordance with Regulation (EC) No 1008/2008" might be, for example, operators engaged in domestic local flights (A to A operations, Rundflüge) with "other than complex motor-powered aircraft" (ie Cessna 172). These local flight operations are exempt from Regulation (EC) No 1008/2008 and do not require a operating license.

Any flight done against a payment is considered commercial air transport, this may not necessarily mean an air carrier operation. Also air services performed by non-power-driven aircraft and/or ultralight power-driven aircraft and local flight (flight not involving carriage of passengers, mail and/or cargo) i.a.w. 1008/2008 are exempt from having an operating licence.

The below are some definitions which may assist your understanding of M.A.201 (h):

I.a.w. Basic Regulation Article 3 and 1321/2014 Article 2:
‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration;
I.a.w. 1321/2014 Article 2:
‘commercial specialised operations’ means those operations subject to the requirements of Part-ORO, Subpart-SPO set out in Annex III to Commission Regulation (EU) No 965/2012;
I.a.w. 965/2012 Article 2:
‘specialised operation’ means any operation, other than commercial air transport operation, where the aircraft is used for specialised activities such as agriculture, construction, photography, surveying, observation and patrol, aerial advertisement, maintenance check
flights;
’commercial operation’ means any operation of an aircraft, in return for remuneration or other valuable consideration, which is available for 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;
i.a.w. 1008/2008 Article 2:
‘local flight’ means a flight not involving carriage of passengers,
mail and/or cargo between different airports or other authorised
landing points;
‘air carrier’ means an undertaking with a valid operating licence or
equivalent;

Hey everybody!
Thank you for lighting me up. Things are as clear as possible now ;)