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.

Prerequisites

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.

Deadlines

The declaration must be filed before the start of the planned NCC operations and before any changes that may require a new declaration.

Costs

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: ops@av.etat.lu.

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).

Supporting documents

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.

Obligations

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

Who to contact