{
  "url": "https://openlegislation.uk/eu-regulation-2012-965/annex-VII/division-subpart+a/division-ncogen104",
  "json_url": "https://openlegislation.uk/eu-regulation-2012-965/annex-VII/division-subpart+a/division-ncogen104.json",
  "legislation": "eur/2012/965",
  "legislation_title": "Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2012-965",
  "path": "annex/VII/division/subpart+a/division/ncogen104",
  "kind": "division",
  "number": "NCO.GEN.104",
  "heading": "Use of aircraft included in an AOC by an NCO operator",
  "text": "(a) An NCO operator may use other than complex motor-powered aircraft listed on an operator's AOC to conduct non-commercial operations in accordance with this Annex.\n(b) The NCO operator using the aircraft in accordance with point (a) shall establish a procedure:\n(1) clearly describing how operational control of the aircraft is transferred between the AOC holder and the NCO operator, as referred to in point ORO.GEN.310 of Annex III;\n(2) describing the handover procedure of the aircraft upon its return to the AOC holder.\nThat procedure shall be included in a contract between the AOC holder and the NCO operator.\nThe NCO operator shall ensure that the procedure is communicated to the relevant personnel.\n(c) The continuing airworthiness of the aircraft used pursuant to point (a) shall be managed by organisation responsible for the continuing airworthiness for the aircraft included in the AOC, in accordance with Regulation (EU) No 1321/2014.\n(d) The NCO operator using the aircraft in accordance with point (a) shall ensure the following:\n(1) that every flight conducted under its operational control is recorded in the aircraft technical log system;\n(2) that no changes to the aircraft systems or configuration are made;\n(3) that any defect or technical malfunction occurring while the aircraft is under its operational control is reported to the organisation referred to in point (c) immediately after the flight;\n(4) that the AOC holder receives a copy of any occurrence report related to the flights performed with the aircraft, completed in accordance with Regulation (EU) No 376/2014 and Regulation (EU) 2015/1018.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Inserted by Commission Regulation (EU) No 800/2013 of 14 August 2013 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (Text with EEA relevance)."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Inserted by Commission Implementing Regulation (EU) 2019/1384 of 24 July 2019 amending Regulations (EU) No 965/2012 and (EU) No 1321/2014 as regards the use of aircraft listed on an air operator certificate for non-commercial operations and specialised operations, the establishment of operational requirements for the conduct of maintenance check flights, the establishment of rules on non-commercial operations with reduced cabin crew on board and introducing editorial updates concerning air operations requirements (Text with EEA relevance)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2012/965/annex/VII/division/subpart+a/division/ncogen104",
    "retrieved_at": "2026-11-01T14:49:05.762953+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}