Since 25 August 2016, Regulation (EU) 965/2012 amended applies for non-commercial operators of complex motor-powered aircraft (further called NCC operators) with a principal place of business or residing in Switzerland or any EASA member state.
Non-Commercial Complex Operations
To be compliant with the applicable requirements, the operator has to consider following regulation parts (Annexes) with subparts and the respective Acceptable Means of Compliance (AMC), the Certification Specifications (CS) and the Guidance Material (GM):
EASA Air Operations
- Annex VI Part-NCC in full
- Annex III Part-ORO in sections where applicable
- Annex V Part-SPA where a specific operational approval is held or required
EASA Part Air Crew in Annexes where applicable
Click on the link below to download the FOCA GM/INFO for NCC operators. The GM/INFO shall assist the operator in becoming compliant with the applicable EASA regulations.
Minimum Equipment List MEL
Click on the following link to download the MEL (Minimum Equipment List) Approval form for NCC and SPO operators. The form shall be used for MEL Approval processes (initial approval / changes to MEL) by any NCC or SPO operator with a declaration in Switzerland.
Note: use the latest version of Adobe Reader to open the form.
NCC operators with a principal place of business or residing in Switzerland shall use the following form to declare to the FOCA. Consider the FOCA GM/INFO thereto.
|Guidance Material||GM/INFO - Declaration and List of Approvals (PDF, 383 kB, 21.11.2018)|
|Form||Declaration Form (PDF, 1 MB, 20.10.2020)|
Note: use the latest version of Adobe Reader to open the form.
The declaration form will function correctly only if you are accessing it using a desktop computer or laptop. You will not be able to open the form using a Tablet or a Smartphone. Make sure to use an Adobe Acrobat Reader to open the file since the form has been created with Adobe LiveCycle Designer. If you have any issues opening the form, please let us know.
The filled in documents together with copies of obtained certificates and authorisations as provided by the state of registry or any EASA member state or third country competent authority shall be sent to:
|For aeroplane operators:||For helicopter operators:|
|Federal Office of Civil Aviation
Safety Division Aircraft - SBOC
P.O. Box 41, CH-8058 Zurich-Airport
|Federal Office of Civil Aviation
Safety Division Aircraft - SBHE
Operators of complex motor-powered aircraft flying non-commercially where the operator is established or residing in Switzerland or any EASA member state:
- with an aircraft which is registered in Switzerland or any EASA member state; or,
- with an aircraft which is registered in a non-EASA member state.
Note: this requirement does not apply to commercial operators (AOC holders) who operate non-commercially with an aircraft which is registered in their AOC.
- with a maximum certificated take-off mass exceeding 5 700 kg; or,
- certificated for a maximum passenger seating configuration of more than 19; or,
- certificated for operation with a minimum crew of two pilots; or,
- equipped with (a) turbojet engine(s) or more than one turboprop engine.
Note: The European Commission and the EASA Committee have agreed a derogation to allow non-commercial operations of twin turboprop aeroplanes, with MTCOM of 5 700 kg and below, to be operated under Part-NCO instead of Part-NCC rules.
- certificated for a maximum 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 two pilots.
A tilt rotor aircraft
EASA Air Operations Part-NCC requires the non-commercial operator of a complex motor-powered aircraft to fulfil requirements which are similar to the obligations of a commercial operator but proportionate in detail. Instead of obtaining an AOC, the NCC operator has to submit a declaration to the competent authority of the state where the principal place of business is located or where the operator is residing. For operators with principal place of business in Switzerland, the FOCA has prepared an EASA compliant Declaration which may be downloaded from this website. The filled in document shall be submitted to the FOCA to get into the Swiss EASA NCC oversight programme.
After receiving the declaration, the FOCA will send to the operator a standard letter of acknowledgement within ten working days. The acknowledge letter and the declaration shall be carried on board as a confirmation.
The NCC operator also shall have a management system in place and describe its operations in an operations manual.
Submitting the Declaration
When submitting a declaration to FOCA, the operator does not need to hand in any documentation unless the NCC operator is applying for a new Specific Approval (SPA) according EASA Part-SPA. Compliance with applicable requirements will normally only be checked during the 48 months inspection cycle.
The FOCA has published a list with the applicable regulations Parts and associated paragraphs which have to be covered by the NCC operators management system and its documentation. The list however does not include the associated same number AMCs, CS and GM which describe the details on the required content. Ideally, the declaring NCC operator first establishes a gap analysis to his present documentation and amends the missing parts.
Typically there are many items which do not require rewriting in any document but which may be referenced to within the operations manual. In such a case a pure reference to any source document typically fulfils the requirement (e.g. SOPs described in a manufacturer provided manual as the FCOM or PIH).
Voluntary quality assurance according to industry standard
NCC operators which have their documentation and operations regularly assessed or certified by an acknowledged quality assurance body according to latest industry standard may expect some relief in the oversight activities programme. Such relief on specific inspection items is foreseen once the certifying body can prove an EASA acknowledged industry standard.
In any case, the FOCA will have to conduct an inspection on the operators requirements at least once every 48 months starting with the implementation of the regulation.
Specific approvals obtained by another EASA or non-EASA authority
NCC operators with EASA and non-EASA registered aircraft which have already obtained a specific approval (Ops Specs) by another EASA member state or non EASA third country national aviation authority may expect acknowledgement of any such formal approval if the issuing authority is considered compliant with ICAO Annex 6 Part II/III requirements. Items addressed in EASA Part-SPA SPA.GEN.100 should therefore not be re-approved. The FOCA will issue the list of specific approvals based on certificates provided by the issuing EASA member state or third country competent authority. The NCC operator shall therefore submit any authorisation or approval documents when declaring in Switzerland. For any new specific approval in accordance with Part-SPA, the operator must apply to the FOCA. Declaring operators with third country registered aircraft seeking specific approvals according to Part-SPA are encouraged to go through any specific approval process with the state of registry.
The NCC operator shall implement a management system which at least shall be in accordance with AMC1 ORO.GEN.200 (a) and which shall reflect complexity and size of operations:
- For organisations which are considered NON-COMPLEX OPERATORS with checklists and documented processes
- For organisations which are considered COMPLEX OPERATORS with a full management system pursuant to AMC and GM to ORO.GEN.200
Note: Details on complexity criteria may be found in the AMC1 ORO.GEN.200 (b) and within the FOCA GM.
- The operator may either use AMC2 to ORO.MLR.100 layout, or
- the layout according to AMC3 to ORO.MLR.100 if the non-affected items are listed as «not applicable» and if this design is adressed on the declaration as alternative means of compliance (AltMoC).
September 24, 2019, Regulation (EU) 2019/1384 amending Regulation (EU) 965/2012 for diverse subjects was published. This amendment also regulates the conduct of Maintenance Check Flights «MCF». In Switzerland the Regulation applies since February 1, 2020.
MCFs are incorporated in Part-SPO (SPO.SPEC.MCF) for complex motor-powered aircraft, respectively in Part-NCO (NCO.SPEC.MCF) for other-than complex motor-powered aircraft.
NCC Operators wishing to conduct MCFs with complex motor-powered aircraft are therefore obliged to declare as SPO Operator as well. The Declaration Form is the same as for NCC.
If the intent is to incorporate the provisons of SPO.SPEC.MCF into the operators existing manual system (NCC manual system), or setting up a separate MCF manual in addition to the NCC manuals, FOCA suggests the following text to be filled in the declaration form under point «List of alternative means of compliance and the AMCs they replace»:
Operation Manuals in accordance with AMC2 ORO.MLR.100 (plus MCF manual in accordance with subpart E, section 5: MCF – SPO.SPEC.MCF) instead of AMC4 ORO.MLR.100.
By this, the setup of a complete SPO manual system according to AMC4 ORO.MLR.100 (as would be required because of declaring as SPO operator) may be omitted.
FOCA developed a checklist for the implementation of the subject MCFs.
For further details please contact:
firstname.lastname@example.org, Section Operation of Complex Airplanes
email@example.com, Section Helicopter Flight Operations