With reference to the EU 965/2012 and in particular the entry into force of the Annexes II and III for non-commercial operations with complex motor powered aeroplanes and helicopters on the 25th August 2016, operators who consider that according to the NCC.GEN.100 need to submit their Declaration to the Cyprus Department of Civil Aviation, should have in mind that:

The Department of Civil Aviation will only acknowledge such received Declarations once convinced that the operators have their principal place of business in the Republic of Cyprus. This means the Head office or registered office of the organization within which the principle financial functions and operational control of the activities are exercised, are indeed based in Cyprus.

In order to prove that the “operational control” is in Cyprus, will need to provide evidence that the responsibility for the initiation, continuation, termination or diversion of a flight in the interest of safety is originated from Cyprus.

Acknowledged Declarations

Once the Declaration is acknowledged, the operator will be considered for inclusion into the programme no later than 12 months after the date of the first declaration received. At least one inspection will be performed within each 48-month cycle (starting from the date of the first declaration received).

According with AMC1 ARO.GEN.305(d), audits/inspections will be based on criteria related to key risk elements and the applicable requirements, and the results of past oversight activities will include information from approval activities, e.g. SPA or from other survey programmes such as ACAM.

Additional audit/inspections of specific operators will be included in the oversight programme on the basis of the assessment of associated risks carried out within the occurrences reporting scheme(s).

The oversight programme will also include a certain percentage of unannounced inspections.

Documents to be submitted

In accordance with AMC1 ARO.GEN.300(a)(2), the Cyprus Department of Civil Aviation will need to verify continued compliance of non-commercial operators using an aircraft registered in a third country holding operational approvals for operations in PBN, MNPS and RVSM airspace issued by a non- EU State of Registry, so the DCA need to assess if:

1. the State of registry has established an equivalent level of safety, considering any differences notified to the ICAO Standards for RVSM, RNP, MNPS and MEL; or
2. there are reservations on the safety oversight capabilities and records of the State of registry; or
3. operators of the State of registry are subject to an operating ban pursuant Regulation (EC) No 2111/2005; or
4. relevant findings on the State of registry from audits carried out under international conventions exist; or
5. relevant findings on the State of registry from other safety assessment programmes of States exist.

The operator will need therefore to submit its operation Manual, the MEL and the list of all approvals issued by the State of Registry along with his Declaration to the Department of Civil Aviation.