ORO.GEN.310 Use of aircraft listed on an AOC for non-commercial operations and specialised operations
Regulation (EU) 2019/1387
(a) Aircraft listed on an operator's AOC may remain on the AOC if it is operated in any of the following situations:
(1) by the AOC holder itself, for specialised operations in accordance with Annex VIII (Part-SPO);
(2) by other operators, for non-commercial operations with motor-powered aircraft or for specialised operations performed in accordance with Annex VI (Part-NCC), Annex VII (Part-NCO) or Annex VIII (Part-SPO), provided that the aircraft is used for a continuous period not exceeding 30 days.
(b) When the aircraft is used in accordance with point (a)(2), the AOC holder providing the aircraft and the operator using the aircraft shall establish a procedure:
(1) clearly identifying which operator is responsible for the operational control of each flight and to describe how the operational control is transferred between them;
(2) describing the handover procedure of the aircraft upon its return to the AOC holder.
That procedure shall be included in the operations manual of each operator or in a contract between the AOC holder and the operator using the aircraft in accordance with point (a)(2). The AOC holder shall establish a template of such contract. Point ORO.GEN.220 shall apply to the record-keeping of those contracts.
The AOC holder and the operator using the aircraft in accordance with point (a)(2) shall ensure that the procedure is communicated to the relevant personnel.
(c) The AOC holder shall submit to the competent authority the procedure referred to in point (b) for prior approval. The AOC holder shall agree with the competent authority on the means and on the frequency of providing it with information about transfers of operational control in accordance with point ORO.GEN.130(c).
(d) The continuing airworthiness of the aircraft used in accordance with point (a) shall be managed by the organisation responsible for the continuing airworthiness of the aircraft included in the AOC, in accordance with Regulation (EU) No 1321/2014.
(e) The AOC holder providing the aircraft in accordance with point (a) shall:
(1) indicate in its operations manual the registration marks of the provided aircraft and the type of operations conducted with those aircraft;
(2) remain informed at all times and keep record of each operator that holds the operational control of the aircraft at any given moment until the aircraft is returned to the AOC holder;
(3) ensure that its hazard identification, risk assessment and mitigation measures address all the operations conducted with those aircraft.
(f) For operations under Annex VI (Part-NCC) and Annex VIII (Part-SPO), the operator using the aircraft in accordance with point (a) shall ensure all of the following:
(1) that every flight conducted under its operational control is recorded in the aircraft technical log system;
(2) that no changes to the aircraft systems or configuration are made;
(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 (d);
(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 Commission Implementing Regulation (EU) 2015/101856 Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L 163, 30.6.2015, p. 1)..
GM1 ORO.GEN.310 Use of aircraft listed on an AOC for non-commercial operations and specialised operations
ED Decision 2019/019/R
EXAMPLES OF POSSIBLE SCENARIOS FOR THE USE OF AIRCRAFT LISTED ON AN AOC
‘Aircraft listed on an AOC’ means any aircraft included in the AOC certification process, to which the privileges of the AOC apply. The registration marks of these aircraft are indicated either in the operations specifications form or in the operations manual of the AOC holder.
The following examples provide possible scenarios with organisations and operators to which this rule applies:
(a) The same AOC holder providing the aircraft, using the aircraft either:
(1) as a declared operator for SPO (commercial or non-commercial, including high-risk SPO) in accordance with Part-ORO and Part-SPO for operations with complex motor-powered aircraft. In such a case, the provisions of Part-SPO and Part-ORO apply. This implies that the operator submits a declaration for its SPO activities and applies for an authorisation if it performs high-risk SPO; or
(2) as a training organisation (approved training organisation (ATO) or declared training organisation (DTO)) for operations performed in accordance with Part-NCC or Part-NCO.
(b) Another AOC holder:
(1) as a declared operator, using complex motor-powered aircraft for NCC operations in accordance with Part-ORO and Part-NCC or for SPO activities (commercial or non-commercial), including high-risk SPO in accordance with Part-ORO and Part-SPO;
(2) as a training organisation (ATO or DTO), using the aircraft for operations performed in accordance with Part-NCC or Part-NCO; or
(3) using other than complex motor-powered aircraft for NCO operations.
(c) An NCC operator or a SPO operator, for operations performed in accordance with Part-ORO and Part-NCC or in accordance with Part-ORO and Part-SPO (commercial or non-commercial), including high-risk SPO.
(d) An NCO operator or a SPO operator conducting non-commercial operations with other than complex motor-powered aircraft in accordance with Part-NCO.
(e) A training organisation (ATO or DTO), commercial or non-commercial, conducting operations in accordance with Part-NCC or Part-NCO.
GM2 ORO.GEN.310 Use of aircraft listed on an AOC for non-commercial operations and specialised operations
ED Decision 2019/019/R
SPECIFIC APPROVALS
(a) Specific approvals (SPA) of the AOC holder using its aircraft for non-commercial operations and specialised operations
(1) When the AOC holder performs operations in accordance with Part-NCC or Part-NCO, the SPA granted for the AOC extend over these operations, as in such cases the provisions of ORO.AOC.125 apply.
(2) When the AOC holder performs operations in accordance with Part-SPO, as a declared operator, either:
(i) the SPA applicable to its SPO activities for the same aircraft are already granted within its AOC. In this case, the operator does not need to apply for them again; or
(ii) the SPA applicable to its SPO activities for the same aircraft are partially different from the SPA already granted within its AOC. In this case, the specific approval will cover all the different aspects involved in SPO operation or training of relevant personnel; or
(iii) the SPA are not granted within its AOC. In this case, the operator applies for the relevant SPA to its competent authority, in accordance with Part-SPA. This means that all the elements required for a SPA will be provided to the competent authority: evidence of the relevant airworthiness approval, specific equipment approval, operational procedures, and training programme specific for each of the SPA applied for.
(b) SPA of any other operator, regardless of whether it also holds an AOC, using the aircraft as a declared operator or as a(n) ATO/DTO
The declared operator performing NCC operations or SPO or the ATO/DTO has to comply with Part-SPA and apply for the SPA required for the type of operation it intends to conduct with that aircraft.
MINIMUM EQUIPMENT LIST (MEL)
The operator that uses the aircraft listed on the AOC of another operator is still responsible for obtaining the approval of the MEL for its own operations, to cover all the aircraft that it operates.
GM1 ORO.GEN.310(a)(2) Use of aircraft listed on an AOC for non-commercial operations and specialised operations
ED Decision 2019/019/R
EXCEEDING 30 DAYS OF CONTINUOUS OPERATION
When the other operator uses or intends to use the aircraft without returning it to the AOC holder for a duration that exceeds 30 days, then the provisions of ORO.GEN.310 no longer apply; instead, the provisions of ORO.AOC.110 apply and the AOC holder has to remove that aircraft from its AOC.
AMC1 ORO.GEN.310(b);(e) Use of aircraft listed on an AOC for non-commercial operations and specialised operations
ED Decision 2019/019/R
RESPONSIBILITIES OF THE AOC HOLDER
(a) The AOC holder providing the aircraft should include the following information in the respective parts of its operations manual:
(1) how the relevant personnel are informed about which of the operators is responsible for the operational control of each flight;
(2) when possible, which of the aircraft are used by the AOC holder itself, when conducting operations as a different operator (SPO operator, ATO or DTO), or by other operators;
(3) when possible, the name of the other operators using the aircraft for operations performed in accordance with ORO.GEN.310;
(4) when possible, the frequency with which the aircraft is used by the other operators;
(5) the means of instructing the relevant personnel on the continuing airworthiness procedure covering the use of the aircraft by other operators; and
(6) a customised list of occurrences that the other operators have to report to the AOC holder when using the aircraft in accordance with ORO.GEN.310. This list may be adjusted to fit the aircraft used by the other operators, as well as the type of operation for which it is used. The AOC holder should communicate this list to the other operators.
(b) The AOC holder should ensure that the operations specifications form of the respective aircraft is not carried on board when that aircraft is used by other operators for their NCC, NCO or SPO operations.
GM1 ORO.GEN.310(d) Use of aircraft listed on an AOC for non-commercial operations and specialised operations
ED Decision 2019/019/R
CONTINUING AIRWORTHINESS MANAGEMENT
In accordance with Annex I (Part-M) and Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, the management of the continuing airworthiness of the aircraft by the continuing airworthiness management organisation (CAMO) or the combined airworthiness organisation (CAO) of the AOC holder means that the other operator has established a written contract as per Appendix I to Part-M or Appendix I to Part-ML with this CAMO or CAO.
AMC1 ORO.GEN.310(b);(d);(f) Use of aircraft listed on an AOC for non-commercial operations and specialised operations
ED Decision 2019/019/R
RESPONSIBILITIES OF THE OTHER OPERATOR
The other operator using the aircraft listed on an AOC for operations under ORO.GEN.310 should include the following elements in its procedure:
(a) a description of the way in which the shifting of operational control is communicated, including how, when and to whom the information is communicated;
(b) a description of the specific responsibilities resulting from having the operational control of the flight performed with the aircraft listed on the AOC;
(c) a description of the means to ensure that the relevant personnel are instructed to:
(1) contact the organisation responsible for the management of continuing airworthiness of the aircraft of the AOC holder (CAMO or CAO) for any defect or technical malfunction which occurs before or during the operation.
The information about any defect or malfunction should be transmitted to the CAMO or CAO of the AOC holder before the aircraft is used for the next flight. The same information should be confirmed by the entries in the aircraft technical log system; and
(2) report any occurrence in accordance with the applicable rules and the internal procedures; and
(d) a customised list of occurrences, as developed by the AOC holder, which the other operator should use when informing the AOC holder of any safety-relevant issue or event that occurred while the aircraft was under its operational control.