Reference: Regulation (EC) No 216/2008 ('the Basic Regulation'), Regulation (EU) No 965/2012 on Air Operations
The term 'commercial operation' is defined in Article 3 of the Basic Regulation as follows:
'Commercial operation' shall mean any operation of an aircraft, in return for remuneration 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.
The term 'commercial air transport (CAT) operation' is defined in Article 2 of Regulation (EU) No 965/2012 as follows:
'Commercial air transport (CAT) operation' means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration.
The two definitions make it clear that 'commercial operations' include 'CAT operations'.