Regulation (EU) 965/2012 on Air Operations provides the EASA Member States with the flexibility to postpone the applicability of the new Regulation in its various parts. The 'opt-out' can be considered as a form of transition measure applicable to Member States. If Member States decide to delay the date of applicability of the new Regulation, they will have to notify the European Commission and the Agency of the ‘opt-out’, describing the reasons for their decision and the programme for implementation.

  • Article 10 of the Cover Regulation allows for a general opt-out as follows:
    • from Annex III to non-commercial operations with complex motor-powered aeroplanes and helicopters until 25 August 2016; and
    • from Annexes V, VI and VII to non-commercial operations with aeroplanes, helicopters, sailplanes and balloons until 25 August 2016.
  • The flexibility provisions may apply to parts of or the whole Regulation. Until that date, national rules continue to apply.
  • Further information on the dates at which the rules will apply for each Member State is available here.

The associated Decisions containing the Acceptable Means of Compliance (AMC) and Guidance Material (GM) are published on the EASA website.

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

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.

How can NCC operators prepare themselves for the new European rules?

  • Familiarise with the content of the applicable rules of Regulation (EU) No 965/2012 including its amendments.
  • Get in contact with the national aviation authority (NAA) in the country where your principal place of business is located.
  • Ask your national authority whether there is a comparison list between the current national regulation and the future European rules on NCC.
  • Fill in the declaration as per ORO.DEC.100 in Annex III of Regulation (EU) No 965/2012 (as amended by Regulation (EU) No 800/2013) and submit it to your NAA before 24 August 2016.
  • If you apply alternative means of compliance (e.g., the IS-BAO standards), you have to submit this information to your NAA together with the Declaration form.
  • Ask your NAA for a list of specific approvals (e.g. LVO, RVSM, MNPS, DG).
  • Pay special attention to:
    • Have a management system proportionate to your operations;
    • Have an Ops Manual that correctly reflects your operation;
    • Have a training programme proportionate to your operation;
    • Have an approved MEL.

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


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;”

Posted on in Regulatory .