GM to Regulation (EU) No 965/2012

European Aviation Safety Agency

Guidance Material (GM) to Commission Regulation (EU) No 965/2012

Initial issue 24 April 2014

For the date of entry into force of this issue, refer to Decision 2014/019/R in the Official Publication of the Agency.

GM TO COMMISSION REGULATION (EU) No 965/2012

Guidance Material (GM) to Articles of Commission Regulation (EU) No 965/2012

GM1 Article 6.4a Derogations

OTHER-THAN-COMPLEX MOTOR-POWERED AIRCRAFT The term ‘other-than-complex motor-powered aircraft’ is used synonymously with the terms ‘other-than complex motor-powered aircraft’ and ‘other than complex motorpowered aircraft’. Whenever one of these terms is used, it includes also non-motorpowered aircraft such as sailplanes and balloons.

GM2 Article 6.4a(a);(b) Derogations

DIRECT COST ‘Direct cost’ means the cost directly incurred in relation to a flight, e.g. fuel, airfield charges, rental fee for an aircraft. There is no element of profit.

GM3 Article 6.4a(a);(b) Derogations

ANNUAL COST ‘Annual cost’ means the cost of keeping, maintaining and operating the aircraft over a period of one calendar year. There is no element of profit.

GM1 Article 6.4a(c) Derogations

ORGANISATION CREATED WITH THE AIM OF PROMOTING AERIAL SPORT OR LEISURE AVIATION An ‘organisation created with the aim of promoting aerial sport or leisure aviation’ means a non-profit organisation, established under applicable national law for the sole purpose of gathering persons sharing the same interest in general aviation to fly for pleasure or to conduct parachute jumping. The organisation should have aircraft available.

GM2 Article 6.4a(c) Derogations

MARGINAL ACTIVITY 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.