---
title: "SPA.GEN.100 Competent authority — Part-SPA · Avioverse"
description: "The competent authority for the issuing of a specific approval shall be:"
url: "https://avioverse.aero/regulations/easa/air-ops/part-spa/subpart-a/spa-gen-100"
---

# SPA.GEN.100 Competent authority

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

IR Implementing rule

## SPA.GEN.100 Competent 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](https://avioverse.aero/glossary/easa/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](https://avioverse.aero/glossary/easa/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](https://avioverse.aero/glossary/easa/aeroplane) or a [helicopter](https://avioverse.aero/glossary/easa/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)](https://avioverse.aero/glossary/easa/performance-based-navigation);

(2) minimum navigation performance specifications (MNPS);

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

(4) [low-visibility operations (LVOs)](https://avioverse.aero/glossary/easa/low-visibility-operations).

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

GM Guidance material

## GM1 SPA.GEN.100(a) Competent authority

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](https://avioverse.aero/regulations/easa/air-ops/part-spa/subpart-a)

Consolidated from the EASA Easy Access Rules (revision 27 Mar 2026, extracted 13 Oct 2026) for convenience. Not the official publication — verify against the Official Journal of the European Union and the EASA publications before operational use.