European legislation establishes the rules governing (i) the operation of aircraft for non-commercial purposes, (ii) the conditions and procedures of declaration that apply to operators, and (iii) the oversight of these operators.
All aircraft operators who wish to operate complex motor-powered aircraft for non-commercial purposes (NCC operations) must file a declaration with the competent authority of the European Union (EU) Member State:
- where their permanent establishment is located; or
- where they reside.
In Luxembourg, this is the Directorate of Civil Aviation (Direction de l'Aviation Civile – DAC).
Who is concerned
This applies to:
- operators of complex motor-powered aeroplanes, except those equipped with turboprop engines and having a maximum certificated take-off mass (MCTOM) of no more than 5,700 kg;
- operators of complex motor-powered helicopters involved in non-commercial operations.
These operators must:
- declare their capability to discharge their responsibilities associated with the operation of aircraft, and the means at their disposal to do so;
- operate the aircraft in accordance with the provisions specified in Annex III (Part ORO) Annex VI (Part NCC) and Annex V (Part SPA) of Regulation (EU) No 965/2012.
The declaration must be filed before the start of the planned NCC operations and before any changes that may require a new declaration.
The operator will be required to pay an annual fee of EUR 1,000 for the ongoing oversight of a complex motor-powered aircraft declared to be used for non-commercial operations.
How to proceed
Filing of the declaration
Operators must file the declaration with the DAC by email, to: email@example.com.
The declaration must be made using the declaration form.
All of the following information must be included in the declaration:
- the operator's name;
- the location where the operator has its permanent establishment;
- the name and contact details of the operator's accountable manager;
- the start date of the non-commercial operation and, where applicable, the date on which any changes to an existing non-commercial operation take effect;
- all of the aircraft used for the non-commercial operation, the type, registration, main base, type of operation and the organisation managing continuing airworthiness.
If necessary, operators must also communicate to the DAC a list of alternative means of compliance used (AltMoC).
Operators of complex motor-powered aircraft involved in non-commercial operations must provide the DAC with:
- documents certifying that the DAC is the competent authority for the operator;
- the minimum equipment list (see "Application for document approval" procedure)
Application processing time
Upon receipt of the declaration, the DAC will:
- ensure that the declaration contains all of the information required by Part ORO of Regulation (EU) No 965/2012; and
- acknowledge receipt of the declaration within 10 working days.
If the declaration does not contain the required information, or contains information that reveals non-compliance with the applicable requirements, the DAC will inform the organisation of the non-compliance and request additional information.
The DAC will carry out an inspection if it believes it is necessary to do so. If the non-compliance is confirmed, the DAC will implement the measures listed in item ARO.GEN.350. Specifically, it will:
- prohibit or limit activities;
- revoke, limit or suspend the certificate or specific approval;
- set a deadline for remedying the non-compliance.
Duration of validity
The declaration will remain valid as long as the operator has not notified the DAC that it has discontinued its activities.
Non-commercial operators of complex motor-powered aircraft must:
- provide all the relevant information before beginning the operations, using the declaration form;
- provide the DAC with a list of alternative means of compliance (AltMoC);
- maintain compliance with the applicable requirements and the information provided in the declaration;
- immediately notify the DAC of any changes to its declaration or means of compliance. In the event of a change, operators must file an amended declaration with the DAC as soon as possible using the required form;
- notify the DAC as soon as possible if it has discontinued its activities.
Forms / Online services
Declaration Template in Accordance with Commission Regulation (EU) No 965/2012 on Air Operations