Regulation (EU) No 965/2012 AIROPS : Air Operations
Revision 21, September 2023

• EASA - AIROPS :
  • Easy Access Rules for Air Operations (Regulation (EU) No 965/2012) ( Easy Access )
  • Easy Access Rules for Air Operations - Cover Regulation ( Easy Access )
  • Easy Access Rules for Air Operations - Incorporated Amendments ( Easy Access )
  • Easy Access Rules for Air Operations - Rule amendment status ( Easy Access )
  • EASA - Easy Access Rules for Air Operations - AIROPS - ANNEX VII (Part-NCO) ( Easy Access )
    Non Commercial Operations with other than complex motor powered aircraft
• FRANCE :
  • Règlementation pour l’exploitation d'avions et hélicoptères (AIROPS) ( Ecologie.gouv.fr )

GM1 NCO.GEN.100(b) Competent authority - ED Decision 2019/019/R

DETERMINING THE PLACE WHERE AN OPERATOR IS RESIDING

For the purpose of Regulation (EU) No 965/2012, the concept of ‘place where the operator is residing’ is mainly addressed to a natural person.

The place where the operator resides is the place where the operator complies with his or her tax obligations

Several criteria can be used to help determining a person’s place of residence. These include, for example:

1. the duration of a person’s presence on the territory of the countries concerned;
2. the person’s family status and ties;
3. the person’s housing situation and how permanent it is;
4. the place where the person pursues professional or non-profit activities;
5. the characteristics of the person’s professional activity;
6. the Member State where the person resides for taxation purposes.

AMC1 NCO.GEN.104 Use of aircraft included in an AOC by an NCO operator - ED Decision 2019/019/R

RESPONSIBILITIES OF THE NCO OPERATOR

The operator using the aircraft included in an AOC for operations performed in accordance with Part-NCO should describe the following elements in its procedure required in NCO.GEN.104:

1. the way in which the shifting of operational control is communicated, including how, when and to whom the information is communicated;
2. the means to ensure that the relevant personnel are instructed on the following:
   1. to contact the organisation responsible for the management of continuing airworthiness of the aircraft of the AOC holder (CAMO or CAO) for any defect or technical malfunction which occurs before or during the operation.
      The information about any defect or malfunction should be transmitted to the CAMO/CAO of the AOC holder before the aircraft is used for the next flight. The same information should be confirmed by the entries in the aircraft technical log system; and
   2. to report any occurrence in accordance with the applicable rules and the internal procedures; and
3. the way in which the operator deals with failures and defects identified before the flight.

GM1 NCO.GEN.104 Use of aircraft included in an AOC by an NCO operator - ED Decision 2019/019/R

SCOPE

As per SPO.GEN.005(b), operators performing non-commercial specialised operations with other than complex motor-powered aircraft will comply with Annex VII (Part-NCO). Thus, such operators are also covered by NCO.GEN.104.

GM1 NCO.GEN.104(c) Use of aircraft included in an AOC by an NCO operator - ED Decision 2019/019/R

CONTINUING AIRWORTHINESS MANAGEMENT

In accordance with Annex I (Part-M) and Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, the management of the continuing airworthiness of the aircraft by the CAMO/CAO of the AOC holder means that the NCO operator has established a written contract as per Appendix I to Part-M or Appendix I to Part-ML with this CAMO/CAO.

AMC1 NCO.GEN.105 Pilot-in-command responsibilities and authority - ED Decision 2016/018/R

FLIGHT PREPARATION FOR PBN OPERATIONS

1. The pilot-in-command should ensure that RNAV 1, RNAV 2, RNP 1, RNP 2, and RNP APCH routes or procedures to be used for the intended flight, including for any alternate aerodromes, are selectable from the navigation database and are not prohibited by NOTAM.
2. The pilot-in-command should take account of any NOTAMs or pilot-in-command briefing material that could adversely affect the aircraft system operation along its flight plan including any alternate aerodromes.
3. When PBN relies on GNSS systems for which RAIM is required for integrity, its availability should be verified during the preflight planning. In the event of a predicted continuous loss of fault detection of more than five minutes, the flight planning should be revised to reflect the lack of full PBN capability for that period.
4. For RNP 4 operations with only GNSS sensors, a fault detection and exclusion (FDE) check should be performed. The maximum allowable time for which FDE capability is projected to be unavailable on any one event is 25 minutes. If predictions indicate that the maximum allowable FDE outage will be exceeded, the operation should be rescheduled to a time when FDE is available.
5. For RNAV 10 operations, the pilot-in-command should take account of the RNAV 10 time limit declared for the inertial system, if applicable, considering also the effect of weather conditions that could affect flight duration in RNAV 10 airspace. Where an extension to the time limit is permitted, the pilot-in-command will need to ensure that en route radio facilities are serviceable before departure, and to apply radio updates in accordance with any AFM/POH limitation.

AMC2 NCO.GEN.105 Pilot-in-command responsibilities and authority - ED Decision 2016/018/R

DATABASE SUITABILITY

1. The pilot-in-command should check that any navigational database required for PBN operations includes the routes and procedures required for the flight.

DATABASE CURRENCY

1. The database validity (current AIRAC cycle) should be checked before the flight.
2. Navigation databases should be current for the duration of the flight. If the AIRAC cycle is due to change during flight, the pilot-in-command should follow procedures established by the pilot-in-command to ensure the accuracy of navigation data, including the suitability of navigation facilities used to define the routes and procedures for the flight.
3. An expired database may only be used if the following conditions are satisfied:
   1. the pilot-in-command has confirmed that the parts of the database which are intended to be used during the flight and any contingencies that are reasonable to expect are not changed in the current version;
   2. any NOTAMs associated with the navigational data are taken into account;
   3. maps and charts corresponding to those parts of the flight are current and have not been amended since the last cycle;
   4. any MEL limitations, where available, are observed; and
   5. the database has expired by no more than 28 days.

GM1 NCO.GEN.105 Pilot-in-command responsibilities and authority - ED Decision 2019/008/R

GENERAL

In accordance with point 1.3 of Annex V to Regulation (EU) 2018/113981 (essential requirements for air operations), the pilot-in-command is responsible for the operation and safety of the aircraft and for the safety of all passengers and cargo on board. This includes the following:

1. the safety of all passengers and cargo on board, as soon as he/she arrives on board, until he/she leaves the aircraft at the end of the flight; and
2. the operation and safety of the aircraft:
   1. for aeroplanes, from the moment it is first ready to move for the purpose of flight until the moment it comes to rest at the end of the flight and the engine(s) used as primary propulsion unit(s) is/are shut down;
   2. for helicopters, from the moment the engine(s) are started until the helicopter comes to rest at the end of the flight with the engine(s) shut down and the rotor blades stopped.

GM1 NCO.GEN.105(a)(8) Pilot-in-command responsibilities and authority - ED Decision 2014/016/R

RECORDING UTILISATION DATA

Where an aircraft conducts a series of flights of short duration — such as a helicopter doing a series of lifts — and the aircraft is operated by the same pilot-in-command, the utilisation data for the series of flights may be recorded in the aircraft technical log or journey log as a single entry.

AMC1 NCO.GEN.105(a)(3) Pilot-in-command responsibilities and authority - ED Decision 2022/005/R

CHECKLISTS

1. The pilot-in-command should use the latest checklists provided by the manufacturer.
2. If checks conducted prior to take-off are suspended at any point, the pilot-in-command should re-start them from a safe point prior to the interruption.

GM1 NCO.GEN.105(d) Pilot-in-command responsibilities and authority - ED Decision 2014/016/R

REPORTING OF HAZARDOUS FLIGHT CONDITIONS

1. These reports should include any detail which may be pertinent to the safety of other aircraft.
2. Such reports should be made whenever any of the following conditions are encountered or observed:
   1. severe turbulence;
   2. severe icing;
   3. severe mountain wave;
   4. thunderstorms, with or without hail, that are obscured, embedded, widespread or in squall lines;
   5. heavy dust storm or heavy sandstorm;
   6. volcanic ash cloud; and
   7. unusual and/or increasing volcanic activity or a volcanic eruption.
3. When other meteorological conditions not listed above, e.g. wind shear, are encountered that, in the opinion of the pilot-in-command, may affect the safety or the efficiency of other aircraft operations, the pilot-in-command should advise the appropriate air traffic services (ATS) unit as soon as practicable.

AMC1 NCO.GEN.105(e) Pilot-in-command responsibilities and authority - ED Decision 2014/016/R

VIOLATION REPORTING

If required by the State in which the incident occurs, the pilot-in-command should submit a report on any such violation to the appropriate authority of such State; in that event, the pilot-in-command should also submit a copy of it to the competent authority. Such reports should be submitted as soon as possible and normally within 10 days.

GM1 NCO.GEN.115 Taxiing of aeroplanes - ED Decision 2015/004/R

SAFETY-CRITICAL ACTIVITY

1. Taxiing should be treated as a safety-critical activity due to the risks related to the movement of the aeroplane and the potential for a catastrophic event on the ground.
2. Taxiing is a high-workload phase of flight that requires the full attention of the pilot-in-command.

GM1 NCO.GEN.115(b)(4) Taxiing of aeroplanes - ED Decision 2014/016/R

SKILLS AND KNOWLEDGE

The person designated by the operator to taxi an aeroplane should possess the following skills and knowledge:

1. positioning of the aeroplane to ensure safety when starting engine;
2. getting ATIS reports and taxi clearance, where applicable;
3. interpretation of airfield markings/lights/signals/indicators;
4. interpretation of marshalling signals, where applicable;
5. identification of suitable parking area;
6. maintaining lookout and right-of-way rules and complying with ATC or marshalling instructions when applicable;
7. avoidance of adverse effect of propeller slipstream or jet wash on other aeroplanes, aerodrome facilities and personnel;
8. inspection of taxi path when surface conditions are obscured;
9. communication with others when controlling an aeroplane on the ground;
10. interpretation of operational instructions;
11. reporting of any problem that may occur while taxiing an aeroplane; and
12. adapting the taxi speed in accordance with prevailing aerodrome, traffic, surface and weather conditions.

GM1 NCO.GEN.120 Rotor engagement - ED Decision 2014/016/R

INTENT OF THE RULE

1. The following two situations where it is allowed to turn the rotor under power should be distinguished:
   1. for the purpose of flight, this is described in the implementing rule;
   2. for maintenance purposes.
2. Rotor engagement for the purpose of flight: it should be noted that the pilot should not leave the control when the rotors are turning. For example, the pilot is not allowed to get out of the aircraft in order to welcome passengers and adjust their seat belts with the rotors turning.
3. Rotor engagement for the purpose of maintenance: the implementing rule, however, should not prevent ground runs being conducted by qualified personnel other than pilots for maintenance purposes.
   The following conditions should be applied:
   1. The operator should ensure that the qualification of personnel, other than pilots, who are authorised to conduct maintenance runs is described in the appropriate manual.
   2. Ground runs should not include taxiing the helicopter.
   3. There should be no passengers on board.
   4. Maintenance runs should not include collective increase or auto pilot engagement (risk of ground resonance).

AMC1 NCO.GEN.125 Portable electronic devices (PEDs) - ED Decision 2019/008/R

ELECTRONIC FLIGHT BAGS (EFBS) — HARDWARE

1. EFB viewable stowage
   When a viewable stowage device is used, the pilot-in-command should ensure that, if the EFB moves or is separated from its stowage, or if the viewable stowage is unsecured from the aircraft (as a result of turbulence, manoeuvring, or other action), it will not jam flight controls, damage flight deck equipment, or injure any person on board.
   The viewable stowage device should not be positioned in such a way that it obstructs visual or physical access to aircraft controls and/or displays, flight crew ingress or egress, or external vision. The design of the viewable stowage device should allow the user easy access to any item of the EFB system, and notably to the EFB controls and a clear view of the EFB display while in use.
2. Cables
   If cables are used to connect an EFB to an aircraft system, power source, or any other equipment:
   1. the cables should not hang loosely in a way that compromises task performance and safety; flight crew should be able to easily secure the cables out of the way during operations (e.g. by using cable tether straps); and
   2. the cables should be of sufficient length so that they do not to obstruct the use of any movable device on the flight deck.

AMC2 NCO.GEN.125 Portable electronic devices (PEDs) - ED Decision 2019/008/R

ELECTRONIC FLIGHT BAGS (EFBs) — FUNCTIONS

1. Familiarisation
   The pilot-in-command should familiarise himself or herself with the use of the EFB hardware and its applications on the ground before using them in flight for the first time.
   A user guide should be available for the pilot-in-command.
2. Check before flight
   Before each flight, the pilot-in-command should perform the following checks to ensure the continued safe operation of the EFB during the flight:
   1. general check of the EFB operation by switching it ON and checking that the applications they intend to use in flight are adequately operative;
   2. check of the remaining available battery power, if applicable, to ensure the availability of the EFB during the planned flight;
   3. check of the version effectivity of the EFB databases, if applicable (e.g. for charts, performance calculation and weight and balance applications); and
   4. check that an appropriate backup is available when a chart application or an application displaying aircraft checklists is used.
3. Chart applications
   The navigation charts that are depicted should contain the necessary information in an appropriate format, to perform the operation safely. Consideration should be given to the size of the display to ensure legibility.
4. Performance calculation and weight and balance functions or applications
   Prior to the first use of a performance calculation or weight and balance function or application, and following any update of the database supporting the function or the application, a check should be performed on the ground to verify that the output of the application corresponds with the data derived from the AFM (or other appropriate sources);
5. Airport moving map display (AMMD) application
   An AMMD application should not be used as a primary means of navigation for taxiing, but as a confirmation of outside visual references.
6. Other functions
   If advanced functions on non-certified devices that display information related to the aircraft position in flight, navigation, surroundings in terms of e.g. terrain or traffic, or attitude are used, the pilot in command should be aware of the potential misleading or erroneous information displayed and should only use these functions as an advisory or supplementary means.

GM1 NCO.GEN.125 Portable electronic devices - ED Decision 2014/031/R

DEFINITION

1. Definition and categories of PEDs
   PEDs are any kind of electronic device, typically but not limited to consumer electronics, brought on board the aircraft by crew members, passengers, or as part of the cargo and that are not included in the approved aircraft configuration. All equipment that is able to consume electrical energy falls under this definition. The electrical energy can be provided from internal sources as batteries (chargeable or non-rechargeable) or the devices may also be connected to specific aircraft power sources.
   PEDs include the following two categories:
   1. Non-intentional transmitters can non-intentionally radiate RF transmissions, sometimes referred to as spurious emissions. This category includes, but is not limited to, calculators, cameras, radio receivers, audio and video players, electronic games and toys; when these devices are not equipped with a transmitting function.
   2. Intentional transmitters radiate RF transmissions on specific frequencies as part of their intended function. In addition, they may radiate non-intentional transmissions like any PED. The term ‘transmitting PED’ (T-PED) is used to identify the transmitting capability of the PED. Intentional transmitters are transmitting devices such as RF-based remote control equipment, which may include some toys, two-way radios (sometimes referred to as private mobile radio), mobile phones of any type, satellite phones, computers with mobile phone data connection, wireless local area network (WLAN) or Bluetooth capability. After deactivation of the transmitting capability, e.g. by activating the so-called ‘flight mode’ or ‘flight safety mode’, the T-PED remains a PED having non-intentional emissions.
2. Definition of the switched-off status
   Many PEDs are not completely disconnected from the internal power source when switched off. The switching function may leave some remaining functionality e.g. data storage, timer, clock, etc. These devices can be considered switched off when in the deactivated status. The same applies for devices having no transmitting capability and are operated by coin cells without further deactivation capability, e.g. wrist watches.

GM2 NCO.GEN.125 Portable electronic devices - ED Decision 2014/031/R

GENERAL

1. PEDs can pose a risk of interference with electronically operated aircraft systems. Those systems could range from the electronic engine control, instruments, navigation or communication equipment, autopilots to any other type of avionic equipment on the aircraft. The interference can result in on-board systems malfunctioning or providing misleading information and communication disturbance. These can also lead to an increased workload for the flight crew.
2. Interference may be caused by transmitters being part of the PED’s functionality or by unintentional transmissions from the PED. Due to the likely proximity of the PED to any electronically operated aircraft system and the generally limited shielding found in small aircraft, the risk of interference is to be considered higher than that for larger aircraft with metal airframes.
3. During certification of the aircraft, when qualifying the aircraft functions consideration may only have been made of short-term exposure to a high radiating field, with an acceptable mitigating measure being a return to normal function after removal of the threat. This certification assumption may not be true when operating the transmitting PED on board the aircraft.
4. It has been found that compliance with the electromagnetic compatibility (EMC) Directive 2004/108/EC and related European standards, as indicated by the CE marking, is not sufficient to exclude the existence of interference. A well-known interference is the demodulation of the transmitted signal from GSM (global system for mobile communications) mobile phones leading to audio disturbances in other systems. Similar interferences are difficult to predict during the PED design and protecting the aircraft’s electronic systems against the full range of potential interferences is practically impossible. Therefore, not operating PEDs on-board aircraft is the safest option, especially as effects may not be identified immediately but under the most inconvenient circumstances.
5. Guidance to follow in case of fire caused by PEDs is provided by the International Civil Aviation Organisation, ‘Emergency response guidance for aircraft incidents involving dangerous goods’, ICAO Doc 9481-AN/928.

AMC1 NCO.GEN.130 Information on emergency and survival equipment carried - ED Decision 2014/016/R

CONTENT OF INFORMATION

The information, compiled in a list, should include, as applicable:

1. the number, colour and type of life rafts and pyrotechnics,
2. details of emergency medical supplies and water supplies; and
3. the type and frequencies of the emergency portable radio equipment.

AMC1 NCO.GEN.135(a)(3) Documents, manuals and information to be carried - ED Decision 2014/016/R

CERTIFICATE OF AIRWORTHINESS

The certificate of airworthiness should be a normal certificate of airworthiness, a restricted certificate of airworthiness or a permit to fly issued in accordance with the applicable airworthiness requirements.

AMC1 NCO.GEN.135(a)(10) Documents, manuals and information to be carried - ED Decision 2014/016/R

CURRENT AND SUITABLE AERONAUTICAL CHARTS

1. The aeronautical charts carried should contain data appropriate to the applicable air traffic regulations, rules of the air, flight altitudes, area/route and nature of the operation. Due consideration should be given to carriage of textual and graphic representations of:
   1. aeronautical data, including, as appropriate for the nature of the operation:
      1. airspace structure;
      2. significant points, navigation aids (navaids) and air traffic services (ATS) routes;
      3. navigation and communication frequencies;
      4. prohibited, restricted and danger areas; and
      5. sites of other relevant activities that may hazard the flight; and
   2. topographical data, including terrain and obstacle data.
2. A combination of different charts and textual data may be used to provide adequate and current data.
3. The aeronautical data should be appropriate for the current aeronautical information regulation and control (AIRAC) cycle.
4. The topographical data should be reasonably recent, having regard to the nature of the planned operation.

GM1 NCO.GEN.135 Documents, manuals and information to be carrie - ED Decision 2014/016/R

GENERAL

1. In case of loss or theft of documents specified in NCO.GEN.135, the operation may continue until the flight reaches the base or a place where a replacement document can be provided.
2. The documents, manuals and information may be available in a form other than on printed paper. An electronic storage medium is acceptable if accessibility, usability and reliability can be assured.

GM1 NCO.GEN.135(a)(1) Documents, manuals and information to be carried - ED Decision 2018/003/R

AFM OR EQUIVALENT DOCUMENT

‘Aircraft flight manual (AFM), or equivalent document’ means the flight manual for the aircraft or other documents containing information required for the operation of the aircraft within the terms of its certificate of airworthiness.

GM1 NCO.GEN.135(a)(8) Documents, manuals and information to be carried - ED Decision 2014/016/R

JOURNEY LOG OR EQUIVALENT

’Journey log or equivalent’ means that the required information may be recorded in documentation other than a log book, such as the operational flight plan or the aircraft technical log.

GM1 NCO.GEN.135(a)(11) Documents, manuals and information to be carried - ED Decision 2014/016/R

PROCEDURES AND VISUAL SIGNALS FOR USE BY INTERCEPTING AND INTERCEPTED AIRCRAFT

The procedures and the visual signals information for use by intercepting and intercepted aircraft are those contained in the International Civil Aviation Organisation’s (ICAO) Annex 2.

GM1 NCO.GEN.135(a)(13) Documents, manuals and information to be carried - ED Decision 2014/016/R

DOCUMENTS THAT MAY BE PERTINENT TO THE FLIGHT

Any other documents that may be pertinent to the flight or required by the States concerned with the flight may include, for example, forms to comply with reporting requirements.

STATES CONCERNED WITH THE FLIGHT

The States concerned are those of origin, transit, overflight and destination of the flight.

Voir AMC et GM sur le site de l'EASA le site de l'EASA ( Easy Access )

AMC1 NCO.GEN.150 Journey log - ED Decision 2014/016/R

GENERAL

1. The aircraft journey log, or equivalent, should include the following items, where applicable:
   1. aircraft nationality and registration;
   2. date;
   3. name of crew member(s);
   4. duty assignments of crew members, if applicable;
   5. place of departure;
   6. place of arrival;
   7. time of departure;
   8. time of arrival;
   9. hours of flight;
   10. nature of flight;
   11. incidents and observations (if any); and
   12. signature of the pilot-in-command.
2. The information or parts thereof may be recorded in a form other than on printed paper. Accessibility, usability and reliability should be assured.

Voir AMC et GM sur le site de l'EASA le site de l'EASA ( Easy Access )