OPS IS

IN THE AIR

UPDATE
2018

Flying in the EU 1
One single set of rules
governing GA operations
in all of Europe.

On 25 August 2016, European rules for non-commercial air operations with aero-
planes and helicopters came into effect in all 32 EASA states (28 EU Member States
plus Iceland, Lichtenstein, Norway and Switzerland) via Regulation (EU) No 965/2012.

The new rules are proportionate and distinguish between operations with complex
and non-complex aircraft:
• For the operation of non-complex aircraft (aeroplanes and helicopters), the least
stringent basic safety rules apply (Part-NCO1, Part-SPA, as appropriate).
• For the operation of complex aircraft (aeroplanes and helicopters), more advanced
safety rules apply (Part-NCC2, partly Part-ORO3 and Part-SPA4, as appropriate). The
rules take into account that complex aircraft may carry a larger number of persons
on board and are capable of significantly higher performances.

When establishing whether an aircraft is complex, the following considerations apply:

a) Aeroplanes:
• with a maximum certificated take-off mass exceeding 5 700 kg, or
• certificated for a maximum passenger seating configuration of more than
nineteen, or
• 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

b) Helicopters:
• with a maximum certificated take-off mass exceeding 3 175 kg, or
• certificated for a maximum passenger seating configuration of more than nine, or
• certificated for operation with a minimum crew of at least two pilots.

Although light twin turboprop aeroplanes would qualify as complex aircraft under the
definition in the EASA Basic Regulation, a derogation was agreed at EU level to allow
non-commercial operations of twin turboprop aeroplanes (with a MCTOM of 5 700 kg
or less), to be conducted under the least stringent Part-NCO rules instead of Part-NCC
rules. As a result, operators of these types of aircraft will not have to comply with Part-
ORO (Organisation Requirements) of the Air Operations rules.

1 NCO stands for non-commercial operations with other-than-complex aircraft

2 NCC stands for non-commercial operations with complex motor-powered aircraft
3 Part-ORO: Organisation Requirements for Air Operations
4 Part-SPA: Specific Approvals (e.g. LVO, RVSM, Dangerous Goods, HHO, etc.)

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What does the implementation
of Part-NCO mean to you?

• Harmonised rules for all non-commercial operations with non-complex aircraft,

applicable across 32 countries, simplifying cross-border operations.

• Light and proportionate rules, based on the existing good practices in many
European states, focusing on good airmanship.

• No additional requirements can be added, at national level, on top of the

European rules.

• The same rules apply to you whether you fly an aircraft registered in an EASA state
or in a non-EASA state (e.g. USA), if you reside in an EASA state.

• All minimum required equipment is specified in Part-NCO. In addition, airspace

requirements for radio and navigation equipment may apply, which are laid down
in Part-SERA. Existing national requirements will no longer apply.

• Proportionality of the rules is ensured by a number of specific alleviations (see

points 3 and 4 below).

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What do you need to know about
cost-shared flights?

Sharing your costs between friends and acquaintances was an established practice
which made it easier to enjoy flying. The Air Operations rules continue to allow the
sharing of direct costs for flights with non-complex aircraft.

Cost-shared flights are covered by a derogation5 contained in the Air OPS Regulation.
This derogation ensures that the less stringent Part-NCO rules can apply to flights by
private individuals with passengers on board under the condition that the direct costs
of the flight are shared by all occupants of the aircraft, pilot included. In addition, the
number of persons on board of a cost-shared flight is limited to maximum six occu-
pants (pilot included). There is no element of profit.

As explained above, Part-NCO of the Air OPS Regulation applies in the Member States
as of 25 August 2016.

It is important to note that Part-NCO offers a lower level of protection compared to

that for commercial air transport and, therefore, it is important that the cost-sharing
nature of these flights is clearly specified to the passengers.

A number of European web-based cost-sharing platforms are making use of inter-

net technology to promote cost-shared flights to a wider audience. EASA developed
a Charter laying down a number of commitments for pilots performing cost-shared
flights which are e.g. advertised via online platforms. The Charter also contains valu-
able information for passengers of cost-shared flights and is available on the EASA
website under https://www.easa.europa.eu/charter-promote-safety-non-com-
mercial-general-aviation and has been signed by several cost-sharing platforms.

The Charter informs passengers and pilots not only on different safety levels of a GA
flight as compared to a commercial air transport (CAT) flight, but also includes a safe-
ty-relevant tool box with a checklist for pilots on how to deal with passengers prior
and during the flight, as well as an on-line training module on passenger handling. As
part of the Charter, web-based platforms commit themselves to share safety-related
data with EASA and national authorities.

As a result of the Charter, web-based platforms, EASA, and national authorities have
already jointly assessed the data gathered and continue to monitor implementation
of the Charter on a yearly basis.

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5 Article 6.4a (a) of Commission Regulation (EU) No 965/2012
Recently introduced alleviations

The following alleviations apply to GA flights and are included in Part-NCO:

• Dangerous Goods: General Aviation flights are permitted to carry reasonable

quantities of some articles and substances - otherwise defined as dangerous
goods - if carried for operational purposes such as aircraft spare parts, components/
substances needed for aircraft repair, oil (for aircraft engine/gearbox), aircraft
fuel, de-icing fluid, aircraft battery, and an air starter unit. The responsibility lies
with the pilot. Member States will provide information to the GA community on
transportation of dangerous goods to ensure proper awareness.

• Supplemental oxygen: The need to carry and use supplemental oxygen during
a flight is determined by the pilot who should take into account the altitude
and the duration of the flight, other relevant operational conditions, and the
individual conditions of all persons on board. Guidance on how to do this and
how to monitor and detect hypoxia symptoms during your flight is attached to
the non-commercial rules contained in Part-NCO and in a dedicated leaflet on
preventing hypoxia.

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Operations with Balloons
and Sailplanes

Air operations with balloons and sailplanes, commercial and non-commercial, were
initially addressed by the Air OPS Regulation (Regulation (EU) No 965/2012). Affected
stakeholders reached out to EASA highlighting the complexity of the regulatory frame-
work. Consequently, EASA, with support of external experts, developed simpler and
proportionate, stand-alone regulations for operations with balloons or sailplanes.

As regards balloons, Regulation (EU) 2018/395, has been published in March 2018
and has to be applied by 8 April 2019. One major simplification is that for commercial
passenger ballooning the air operator certificate (AOC), to be issued by the national
authority, has been replaced by a declaration, to be provided by the operator.

The draft Regulation on air operations with sailplanes has been finalised by EASA in
August 2017 by publishing its Opinion, and is currently undergoing the adoption pro-
cess. Here, one major envisaged simplification is that there are no longer additional
rules for commercial operations, except for the requirement to provide a declaration.

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Specialised Operations (SPO)

On 21 April 2017, European rules addressing aerial work or so-called specialised oper-
ations with aeroplanes and helicopters will come into effect in all 32 EASA states (28
EU Member States plus Iceland, Lichtenstein Norway and Switzerland).

Specialised operations (SPO) means any operation other than commercial air trans-
port (CAT) where the aircraft is used for specialised activities such as: agriculture, con-
struction, photography, surveying, observation and patrol, aerial advertisement, etc.

This means that all specialised operations are conducted in Europe according to one
single set of rules which will enable a level playing field and based on proportionate
safety standards.

Part-SPO applies to all commercial specialised air operations with aeroplanes and he-
licopters with complex and non-complex aircraft. It also applies to non-commercial
specialised air operations with complex aeroplanes and complex helicopters.

For most specialised operations there is no need for a prior approval from the compe-
tent authority. Instead the operator only needs to declare its activity to the competent
authority in the Member State in which they have their principal place of business.
After declaring the activity, the SPO operator can immediately start operation. A pri-
or authorisation from the competent authority is only foreseen for some high-risk
commercial specialised operations. Member States will have to provide an informa-
tion on which specialised operations are considered to be high-risk, thus requiring an
authorisation.

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Commercial Air Transport (CAT) operations
with single-engined turbine (SET)
aeroplanes, at night or in instrument
meteorological conditions (IMC)

Europe had been reserved regarding this type of operations, and previous attempts to
permit operation of single engine turbine (SET) aeroplanes at night or in IMC (Instru-
ment meteorological condition) have been unsuccessful. However, last year the Air
OPS Regulation was amended to allow CAT operations with single-engined turbine
(SET) aeroplanes, at night or in IMC. This regulatory change takes into account im-
provements in engine reliability.

To cater for the specificities of those operations, additional mitigations have been
introduced:

• CAT SET (IMC) operations shall be conducted only if the operator has received
a specific approval from the Competent Authority.

• A minimum level of engine reliability, and an engine monitoring programme.

• Additional equipment (e.g. special landing lights, weather radar and navigation
equipment enabling at least RNP APC6 operations).

• Minimum crew experience and specific training.

• Specific operating procedures requiring the availability of landing sites along the
route.

6 RNP APCH stands for Required Navigation Performance Approach

European Aviation Safety Agency

P.O. Box 10 12 53
D-50452 Cologne, Germany
easa.europa.eu/ga

An Agency of the European Union

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