What is the intent of the declaration?
The intent of the declaration is to:
- have the operator acknowledge its responsibilities under the applicable safety regulations and that it holds all necessary approvals;
- inform the competent authority of the existence of an NCC or an SPO operator; and
- enable the competent authority to fulfil its oversight responsibilities in accordance with ARO.GEN.300 and 305.
When the NCC operation is managed by a third party on behalf of the owner, that party may be the operator in the sense of Article 3(13) of the Basic Regulation (EU) 2018/1139, and therefore has to declare its capability and means to discharge the responsibilities associated with the operation of the aircraft to the competent authority.
In such a case, it should also be assessed whether the third party operator undertakes a commercial operation in the sense of Article 2(1)(d) of Regulation (EU) No 965/2012.