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SPA.GEN.100 Competent authority

ANNEX V (Part-SPA) · Regulation (EU) No 965/2012 · EAR revision 27 Mar 2026

IRImplementing rule

SPA.GEN.100Competent authority

(a)The competent authority for the issuing of a specific approval shall be:

(1)for a commercial operator of aeroplanes or helicopters, the authority of the Member State where the operator has its principal place of business;

(2)for a non-commercial operator of aeroplanes or helicopters, the authority of the Member State where the operator has its principal place of business, is established or resides;

(3)for an IAM operator of VTOL-capable aircraft (VCA), the authority of the Member State where the operator has its principal place of business or resides.

(b)Notwithstanding point (a)(2), for a non-commercial operator that uses an aeroplane or a helicopter registered in a third country, the applicable requirements under this Annex for the approval of the following operations shall not apply if that approval is issued by a third-country State of Registry:

(1)performance-based navigation (PBN);

(2)minimum navigation performance specifications (MNPS);

(3)reduced vertical separation minima (RVSM) airspace;

(4)low-visibility operations (LVOs).

IR · SPA.GEN.100 — Regulation (EU) No 965/2012 · Regulation (EU) 2024/1111 · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

GMGuidance material

GM1 SPA.GEN.100(a)Competent authority

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DETERMINING THE PLACE WHERE AN OPERATOR RESIDES For the purpose of Regulation (EU) No 965/2012, the concept of ‘place where the operator resides’ mainly concerns a natural person. The place where the operator resides is the place where the operator complies with his or her tax obligations. Several criteria can be used to help determining a person’s place of residence. These include, for example:

(a)the duration of a person’s presence on the territory of the countries concerned;

(b)the person’s family status and ties;

(c)the person’s housing situation and how permanent it is;

(d)the place where the person pursues professional or non-profit activities;

(e)the characteristics of the person’s professional activity; and

(f)the Member State where the person resides for taxation purposes.

GM · GM1 SPA.GEN.100(a) — Regulation (EU) No 965/2012 · ED Decision 2025/010/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

All rules in SUBPART A: GENERAL REQUIREMENTS

Consolidated from the EASA Easy Access Rules (revision 27 Mar 2026, extracted 17 Aug 2026) for convenience. Not the official publication — verify against the Official Journal of the European Union and the EASA publications before operational use.

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