NCO/NCC Update: New OPS Rules and Highlights for Non-Commercial Operations

1. Non-Commercial Operations NCO / NCC update IAOPA Regional Meeting Bucharest, October 8’th 2016

2. New OPS rules in effect since 26’th of August 2016 • Part-NCO (Non-COmmercial) for all non-commercial operations with non-complex GA aircraft • Part-NCC (Non Commercial Complex) & PART ORO (Organization Requirements for Air Operations) for all non-commercial operations with complex aircraft

3. Rules, AMCs and GM??? • The regulation is the legally binding law that you must always follow.  • If you follow the Acceptable Means of Compliance (AMC) you are certain to comply with the law. • Guidance Material (GM) is purely guidance and not in any way binding • The regulation however also allows you to create your own Alternative Means of Compliance (AltMOC). This must be compliant with the regulation. • For non-commercial operations with a complex aircraft (NCC) you must submit your AltMOC to the Competent Authority • Important and often missed detail: • For non-commercial operations with non-complex aircraft (NCO) there is no requirement for you to submit your AltMOC to an Authority since Part-ORO does not apply for NCO operations.

4. NCO highlights – VFR & IFR • Cost sharing of direct costs for up to six private persons is now allowed (EU 965/2012 Article 6 item 4(a)) • It is now allowed to carry articles, which otherwise would be classified as dangerous goods "where carriage aboard the aircraft is advisable to ensure their timely availability for operational purposes" and "this is regardless of whether or not such articles and substances are required to be carried or intended to be used in connection with a particular flight." It means that for instance the carriage of extra oil, de-icing liquid and other operationally relevant items is now permitted. (NCO.GEN.140 ammended July 2016 by EU regulation 2016/1199) • It is now possible to develop a Minimum Equipment List (MEL) in order to fly with equipment which is out of order. The MEL does not have to be approved but it must be sent to the Competent Authority and it must be based on a Master MEL from the manufacturer/type certificate holder (ref. NCO.GEN.155) • The oxygen requiremens are now more operational so the previously defined hard limits at 10- and 13.000 ft are no longer binding provided the crew can operate safely and the passengers are not harmfully affected. (NCO.OP.190 ammended July 2016 by EU regulation 2016/1199)

5. NCO highlights - IFR • Very operational weather requirements for planning and execution (forecast for EITHER distination or alternate must simply be equal to or better than operational requirements). • Equipment requirements generally relaxed: one radio, one altimeter, nav equipment as necessary for the route + contingency plan if one item fails. • RVR requirements (well hidden in Part-SPA): Not below 400m for take/off and 550m for landing without low visibility approval – note the AMC more restrictive for some operations (but again remember the AMC is not binding)

6. Non-Commercial Complex • Operators of complex aircraft are now required to file a declaration and have an operations manual and a management system. • Twin turboprops with MTOW<5700 kg got at last minute exemption from the requirement • To assist NCC operators IAOPA has published two template manuals on www.iaopa.eu: • One for the medium-large corporate operator (approx. 120 pages) • One for the small operator with 2-3 persons involved (approx. 20 pages) written from the ground up and making extensive use of references. The most common variable items are all listed in the beginning. An operator who is familiar with the regulation should be able to implement in less than a day.

7. Most original OPS issues pointed out by IAOPA solved before implementation • Dangerous Goods regulation fixed • Oxygen requirements fixed • Twin turboprops exempted from requirements for complex aircraft • Other NCC operators can use the IAOPA template manuals • Dangerous Goods training programme for NCC operators no longer require approval by the Competent Authority • Performance requirements acceptable and allowing current practices • Requirement for special approval for PBN navigation (for instance GPS approaches) removed

8. Remaining OPS Issues • Unresolved how an aicraft on an AOC can be used outside the AOC by a non-commercial operator (for instance the owner) • EASA is working on solution • In practice the MEL is not an option for most GA aircraft since the manufacturer has not established a Master MEL. • EASA has made a generic Master MEL but this must be adopted by the manufacturer • RVR requirements for IFR departures without special approval increased significantly (from 150m to 400m)

9. A note on introductory flights • ARO.OPS.300 Introductory flights • The competent authority may establish additional conditions for introductory flights carried out in accordance with Part-NCO in the territory of the Member State. Such conditions shall ensure safe operations and be proportionate. • Proposed requirements by Danish CAA • Max two passengers • Recent experience on type • Weather requirements • Marginal part of organizations flights (or activities – beware!)

10. Third country aircraft (N-reg etc.) operated by EU operators and pilots • A bit of history – first was the Chicago Covention article 5 where states accepted: flights into or in transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission • Interpreted quite differently by states • The Basic Regulation () respects the Chicago Convention, but goes MUCH further ref. EU 216/2008 Article 4(1)(c): • Basic principles and applicabilityAircraft, including any installed product, part and appliance, which are:[..](c)  registered in a third country and used by an operator for which any Member State ensures oversight of operations or used into, within or out of the Community by an operator established or residing in the Community[..]shall comply with this Regulation.

11. So what rules apply for third country aircraft? • Airworthiness: Basic Regulation Article 5: • Aircraft referred to in Article 4(1)(a), (b) and (c)shall comply with the essential requirements for airworthiness laid down in Annex I. • Flight Crew Licensing: Basic Regulation Article 7: • Pilots involved in the operation of aircraft referred to in Article 4(1)(b) and (c), [..] shall comply with the relevant ‘essential requirements’ laid down in Annex III. • Air Operations and continuing airworthiness: BR Article 8: • The operation of aircraft referred to in Article 4(1)(b) and (c)shall comply with the essential requirements laid down in Annex IV • But Note: • Only Implementing rules for flight crew licensing and ops rules are made applicable for Article 4(1)(c) flights! • For Airworthiness and Continuing Airworthiness only the requirements in the Basic Regulation apply

12. Airworthiness and Continuing Airworthiness requirements in the Basic Regulation • These requirements are very general and do not require specific (EU) standards, for example: • The aircraft must have a type certificate and a valid airworthiness certificate • but not necessarily en EASA TC • There must be a maintenance programme • but not necessarily one that follows normal EU standards • The aircraft must not have design features or details that experience has shown to be hazardous. • How will this be interpreted if EASA has issued Airworthiness Directives different from the country of registry? • … and a lot more very generic requirements • Implementing rules for Airworthiness and Continuing Airworthinessfor third-country-registered aircraft were proposed in 2012 (Opinion 06/2012) – but never implemented. This proposal btw. suggested that third-country-registered-aircraft must have an EASA TC and and follow Airworthiness Directives from the country of Registry. No CAMO required.

13. Summary for third-country-aircraft operated by EU operators • Flights fully covered by Chicago Convention Article 5 unaffected by the Basic Regulation end EU rules • Only covers overflight and stop for non-traffic puposes • Other flights with third country aircraft by EU operators are fully regulated by EU regulation, however • Only FCL and OPS regulation has implementing rules that covers such aircraft • In practice an EASA license or validation of the foreign license is required (remaining licensing exemptions expected to end April 2017) • Implementing rules for airworthiness and continuing airworthiness requirements do not apply to these third-country aircraft (i.e. EU TC and CAMO requirement are NOT applicable) – but the generic requirements in the Basic Regulation are!!

14. Thanks for your attention!Questions?