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> Accueil > Domaines d'activité > Opérations aériennes > Specialised Operations (SPO Operations)

Specialised Operations (SPO Operations)

Vers le niveau supérieur

The Commission Regulation (EU) No 965/2012 as amended is laying down technical requirements and administrative procedures related to air operation. Operations other than commercial air transport where the aircraft is used for specialised activities such as agriculture, construction, photography, surveying, observation and patrol, aerial advertisement are included in this regulation.

Declaration

SPO operators engaged in commercial specialised operations or engaged in non-commercial specialised operations using a complex motor-powered aircraft shall submit a declaration to the DAC about their operations. The declaration is required in order to establish and maintain the required oversight programme for SPO operators.

The declaration shall be submitted to ops at av.etat.lu before the operations start (Declaration Template).

Commercial specialised operations

Operators shall only operate an aircraft for the purpose of commercial specialised operations as specified in Annexes III (Part-ORO) and VIII (Part-SPO) to Commission Regulation (EU) No 965/2012.

High risk commercial specialised operation

‘High risk commercial specialised operation’ means any commercial specialised aircraft operation carried out over an area where the safety of third parties on the ground is likely to be endangered in the event of an emergency, or, as determined by the competent authority of the place where the operation is conducted, any commercial specialised aircraft operation that, due to its specific nature and the local environment in which it is conducted, poses a high risk, in particular to third parties on the ground.

Upon receiving an application for the issue of a high risk commercial specialised operations authorisation, the DAC will review the operator’s risk assessment documentation and standard operating procedures (SOPs), related to one or more planned operations and developed in accordance with the relevant requirements of Annex VIII (Part-SPO).
When satisfied with the risk assessment and SOP, the DAC will issue the authorisation, as established in Appendix VI of Annex II (Part-ARO). The authorisation will be issued for a limited or an unlimited duration. The conditions under which an operator is authorised to conduct one or more high risk commercial specialised operations will be specified in the authorisation.
Any changes which could impact risk assessment and SOP shall be identified by the operator and updates shall be submitted to the DAC prior to implementing those changes.

List of high risk activities in Luxembourg

Each activity will need to be assessed by the operator. If the operator believes the activity is to be considered as a high risk (as per definition above), an application shall be made to the DAC or the operator’s EASA member state Competent Authority for a High Risk Authorisation.

In Luxembourg, the following activities are considered as “high risk”:

  • helicopter external loads operations over congested area and open-air assembly of persons
  • human external cargo operations over congested area and open-air assembly of persons
  • aerial photography flights over congested area and open-air assembly of persons and at or below 3700ft AMSL
  • aerial advertising flights over congested area and open-air assembly of persons and at or below 3700ft AMSL
  • construction work flights, including stringing power line operations, clearing saw operations over congested area and open-air assembly of persons
  • survey operations, including aerial mapping operations, pollution control activity over congested area and open-air assembly of persons and at or below 3700ft AMSL
  • news media flights, television and movie flights over congested area and open-air assembly of persons and at or below 3700ft AMSL
  • special events flights, including such as flying display and competition flights
  • flights over congested area and open-air assembly of persons where the minimum flight altitude is not respected

This list may be subject to amendment.

Marginal activities

The term ‘marginal activity’ should be understood as representing a very minor part of the overall activity of an organisation, mainly for the purpose of promoting itself or attracting new students or members. An organisation intending to offer such flights as regular business activity is not considered to meet the condition of marginal activity. Also, flights organised with the sole intent to generate income for the organisation, are not considered to be a marginal activity.
According AMC1 ARO.OPS.300, the following criteria are to be considered for marginal activities:

  • Activity which takes place less than 15 days per calendar year, and
  • Activity which does not generate profit for the organization

When such activity take place, the organization should inform the DAC.

Additional information:

In case of questions related to SPO regulation, please consult our FAQ below, consult EASA SPO page https://www.easa.europa.eu/specialised-operations-spo or send an e-mail to ops at av.etat.lu.

Frequent Asked Questions:

Where can I find the applicable requirements?

On EASA website: https://easa.europa.eu/regulations

Which annexes of the Commission Regulation (EU) No 965/2012 are applicable to SPO operations?

We identified the following categories of SPO operations:
- SPO (COM): Commercial specialised operations with complex and non-complex aircraft
- SPO (NCC): Non-commercial specialised operations with complex aircraft
- SPO (NCO): Non-commercial specialised operations with non-complex aircraft

Rule Applicability

SPO (COM)

SPO (NCC)

SPO (NCO)

Cover Regulation

V

V

V

Definitions

V

V

V

Part-ORO

V

V

X

Part-CAT

X

X

X

Part-SPA

V

V

V

Part-NCC

X

X

X

Part-NCO

X

X

V

Part-SPO

V

V

X

More information is available on EASA website: https://www.easa.europa.eu/specialised-operations-spo

What is the deadline to comply with Commission Regulation (EU) No 965/2012 requirements for SPO operations?

According to the article 10 of Commission Regulation (EU) No 965/2012, the provisions related to SPO operations will be applicable in Luxembourg from 21 April 2017.

What is the definition of operator?

According to Article 3 of Regulation (EC) No 216/2008, an operator shall mean any legal or natural person, operating or proposing to operate one or more aircraft.

What is a complex motor-powered aircraft?

Complex motor-powered aircraft are defined in Article 3 of Regulation (EC) No 216/2008 and are either aeroplanes:
- with a maximum certificated take-off mass exceeding 5700 kg, or
- certificated for a maximum passenger seating configuration of more than 19, or
- certificated for operation with a minimum crew of at least 2 pilots, or
- equipped with (a) turbojet engine(s) or more than one turboprop engine
Or an helicopter:
- certificated for a maximum take-off mass exceeding 3 175 kg, or
- certificated for a maximum passenger seating configuration of more than 9, or
- certificated for operation with a minimum crew of at least 2 pilots
Or a tilt rotor aircraft.

Who is the competent authority as per requirement SPO.GEN.100?

The competent authority shall be the authority designated by the Member State in which the operator has its principal place of business or is residing. In Luxembourg, the competent authority for SPO is the DAC.

Shall we appoint an Accountable Manager?

Yes, you shall (except for non-commercial specialised operations with non-complex aircraft). Requirement ORO.GEN.210 states that “The operator shall appoint an accountable manager, who has the authority for ensuring that all activities can be financed and carried out in accordance with the applicable requirements. The accountable manager shall be responsible for establishing and maintaining an effective management system.”

As SPO operator, are we subject to oversight from the competent authority?

Yes, you are. This is required by ARO.GEN.305 and the oversight programme shall include audits and inspections including ramp and unannounced inspections.

What is a congested area?

According Commission Regulation (EU) No 965/2012, ‘congested area’ means in relation to a city, town or settlement, any area which is substantially used for residential, commercial or recreational purposes.

What is high risk commercial specialised operations?

According Commission Regulation (EU) No 965/2012, ‘high risk commercial specialised operation’ means any commercial specialised aircraft operation carried out over an area where the safety of third parties on the ground is likely to be endangered in the event of an emergency, or, as determined by the competent authority of the place where the operation is conducted, any commercial specialised aircraft operation that, due to its specific nature and the local environment in which it is conducted, poses a high risk, in particular to third parties on the ground.
In Luxembourg, the DAC (competent authority) has defined a list of activities which are considered as “high risk” (see above).
The list of activities which are considered as “high risk” is defined by each competent authority for its territory. Some additional information may be found on EASA website: https://www.easa.europa.eu/specialised-operations-spo.

Should we develop an Operations Manual?

Yes, you should. For the structure of the Operations Manual the SPO operator should use the SPO layout according to AMC4 ORO.MLR.100. The SPO Operations Manual should not be integrated in an already existing CAT Operations Manual, a separate Operations Manual should be created for SPO only. On request, the DAC may provide you with detailed checklists to develop this Operations Manual.

What are SOPs?

Standard Operating Procedures (SOPs) are required for SPO operations. Based on a risk assessment, the operator shall establish SOPs appropriate to the specialised activity and aircraft used. The layout of an SOP to describe each SPO activity is given in SPO.OP.230 and the related AMCs and GM. The SOPs may be integrated in the operations manual or issued in a separate document.

Which documents are required for an application for SPO High Risk Authorisation?

Operators can either declare themselves as an SPO operator to the DAC before applying for a High Risk Authorisation or make the High Risk Authorisation application at the same time as the SPO declaration.
The following documents should be submitted to the DAC:

  • A description of the Operator’s Management System
  • A risk assessment for the activity
  • Copies of all relevant Standard Operating Procedures (SOPs)

Could I perform high risk non-commercial specialised operations?

No, you cannot. According ORO.SPO.110, high risk specialised operations are always commercial.

Which other authorisations could be need in addition to the SPO High Risk Authorisation?

Some other authorisations could be needed in order to perform your activities:

- Air navigation authorisation
- Authorisation to land/take-off outside an aerodrome
- Authorisations required by the AIP
- …
If you are not sure about the required authorisation(s), please contact the DAC (Civilair at av.etat.lu).



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