ORO.SPO.100 Common requirements for commercial specialised operators

Regulation (EU) 2019/1384

(a) A commercial specialised operator shall in addition to ORO.DEC.100 also comply with ORO.AOC.135, ORO.AOC.140 and ORO.AOC.150.

(b) Aircraft shall have a certificate of airworthiness (CofA) in accordance with Regulation (EU) No 748/2012 or shall be leased-in in accordance with (c).

(c) A commercial specialised operator shall obtain prior approval of the competent authority and comply with the following conditions:

(1) for wet leasing-in an aircraft of a third-country operator:

(i) that the safety standards of a third-country operator with regard to continuing airworthiness and air operations are equivalent to the applicable requirements established by Regulation (EU) No 1321/201461 Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1). and this Regulation;

(ii) that the aircraft of a third-country operator has a standard CofA issued in accordance with Annex 8 to the Convention on International Civil Aviation;

(iii) that the duration of the wet lease-in does not exceed seven months in any 12 consecutive month period;

(2) for dry leasing-in an aircraft registered in a third country:

(i) that an operational need that cannot be satisfied through leasing an aircraft registered in the Union has been identified;

(ii) that the duration of the dry lease-in does not exceed seven months in any 12 consecutive month period;

(iii) that the safety standards of the third-country aircraft with regard to continuing airworthiness are equivalent to the applicable requirements established by Regulation (EU) No 1321/2014;

(iv) that the aircraft is equipped in accordance with Annex VIII (Part SPO).

NOMINATED PERSONS

(a) The person may hold more than one of the nominated posts if such an arrangement is considered suitable and properly matched to the scale and scope of the commercial specialised operation.

(b) A description of the functions and the responsibilities of the nominated persons, including their names, should be contained in the operations manual.

(c) A commercial specialised operator should make arrangements to ensure continuity of supervision in the absence of nominated persons.

(d) The person nominated by a commercial specialised operator should normally not be nominated by another commercial specialised operator.

(e) Persons nominated should be contracted to work sufficient hours to fulfil the management functions associated with the scale and scope of the commercial specialised operation.

COMBINATION OF NOMINATED PERSONS RESPONSIBILITIES

(a) The acceptability of a single person holding several posts, possibly in combination with being the accountable manager, should depend upon the nature and scale of the commercial specialised operation. The two main areas of concern should be competence and an individual’s capacity to meet his/her responsibilities.

(b) As regards competence in different areas of responsibility, there should not be any difference from the requirements applicable to persons holding only one post.

(c) The capacity of an individual to meet his/her responsibilities should primarily be dependent upon the scale of the commercial specialised operation. However, the complexity of the organisation or of the operation may prevent, or limit, combinations of posts which may be acceptable in other circumstances.

(d) In most circumstances, the responsibilities of a nominated person should rest with a single individual. However, in the area of ground operations, it may be acceptable for responsibilities to be split, provided that the responsibilities of each individual concerned are clearly defined.

NOMINATED PERSONS

The smallest organisation that can be considered is the one-man organisation where all of the nominated posts are filled by the accountable manager, and audits are conducted by an independent person.

COMPETENCE OF NOMINATED PERSONS

(a) Nominated persons in accordance with ORO.AOC.135 should normally be expected to possess the experience and meet the licensing provisions that are listed in (b) to (f). There may be exceptional cases where not all of the provisions can be met. In that circumstance, the nominee should have comparable experience and also the ability to perform effectively the functions associated with the post and with the scale of the specialised operation.

(b) Nominated persons should have:

(1) practical experience and expertise in the application of aviation safety standards and safe operating practices;

(2) comprehensive knowledge of:

(i) the applicable EU safety regulations and any associated requirements and procedures;

(ii) the operator’s high-risk specialised operation authorisation, if applicable; and

(iii) the need for, and content of, the relevant parts of the commercial specialised operator’s operations manual;

(3) familiarity with management systems preferably in the area of aviation;

(4) appropriate management experience, preferably in a comparable organisation; and

(5) 5 years of relevant work experience of which at least 2 years should be from the aeronautical industry in an appropriate position.

(c) Flight operations. The nominated person should hold or have held a valid flight crew licence and the associated ratings appropriate to the type of commercial specialised operations conducted by the operator. In case the nominated person’s licence and ratings are not current, his/her deputy should hold a valid flight crew licence and the associated ratings.

(d) Crew training. The nominated person or his/her deputy should be a current type rating instructor on a type/class operated by the commercial specialised operator. The nominated person should have a thorough knowledge of the operator’s crew training concept for flight crew and when relevant other crew.

(e) Ground operations. The nominated person should have a thorough knowledge of the commercial specialised operator’s ground operations concept.

(f) Continuing airworthiness. The nominated person should have the relevant knowledge and appropriate experience requirements related to aircraft continuing airworthiness as detailed in Part-M62 Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 315, 28.11.2003, p. 1). Regulation as last amended by Commission Regulation (EU) No 1149/2011 of 21 October 2011 (OJ L 298, 16.11.2011, p. 1)..

LEASING OF THIRD COUNTRY OPERATOR OR AIRCRAFT — INFORMATION TO BE PROVIDED TO THE COMPETENT AUTHORITY

The operator intending to lease-in an aircraft or operator should provide the competent authority with the following information:

(a) the aircraft type, registration markings and serial number;

(b) the name and address of the registered owner;

(c) a copy of the valid certificate of airworthiness;

(d) a copy of the lease agreement or description of the lease provisions, except financial arrangements;

(e) duration of the lease.

The information mentioned above should be accompanied by a statement signed by the lessee that the parties to the lease agreement fully understand their respective responsibilities under the applicable regulations.

GM1 ORO.SPO.100(c) Common requirements for commercial specialised operators

ED Decision 2014/017/R

LEASE AGREEMENTS BETWEEN OPERATORS REGISTERED IN AN EU MEMBER STATE

No approval is required for any lease agreements between operators having their principle place of business in an EU Member State.

WET LEASE-IN OF AN AIRCRAFT REGISTERED IN A THIRD COUNTRY

If the operator is not intending to apply EU safety requirements for air operations and continuing airworthiness when wet leasing-in an aircraft registered in a third country, it should demonstrate to the competent authority that the standards complied with are equivalent to the following requirements:

(a) Annex VIII (Part-SPO);

(b) Part-ORO:

(1) ORO.GEN.110 and Section 2 of Subpart GEN;

(2) ORO.MLR, excluding ORO.MLR.105;

(3) ORO.FC;

(c) Annex V (Part-SPA), if applicable;

(d) for continuing airworthiness management of the third country operator, Part-M63 Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 315, 28.11.2003, p. 1). Regulation as last amended by Commission Regulation (EU) No 1149/2011 of 21 October 2011 (OJ L 298, 16.11.2011, p. 1). Subpart-B, Subpart-C and Subpart-G, excluding M.A.707, and M.A.710;

(e) for the maintenance organisation used by the third country operator during the lease period: Part-14564 Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 315, 28.11.2003, p. 1). Regulation as last amended by Commission Regulation (EU) No 1149/2011 of 21 October 2011 (OJ L 298, 16.11.2011, p. 1).; and

(f) the operator should provide the competent authority with a full description of the operating procedures and safety assessment demonstrating compliance with the requirements safety objectives set out in points (b) (1)-(3).

WET LEASE-IN

The lessee should maintain a record of occasions when lessors are used, for inspection by the competent authority.

SHORT-TERM WET LEASE-IN

In anticipation of an operational need the operator may enter into a framework agreement with more than one third country operator provided that these operators comply with ORO.SPO.110(c). These third country operators should be placed in a list maintained by the lessee.

ORO.SPO.110 Authorisation of high risk commercial specialised operations

Regulation (EU) No 379/2014

(a) A commercial specialised operator shall apply for and obtain an authorisation issued by the competent authority of the operator prior to commencing a high risk commercial specialised operation:

(1) that is carried out over an area where the safety of third parties on the ground is likely to be endangered in the event of an emergency, or

(2) that, as determined by the competent authority of the place where the operation is conducted, due to its specific nature and the local environment in which it is conducted, poses a high risk, in particular to third parties on the ground.

(b) The operator shall provide the following information to the competent authority:

(1) the official name and business name, address, and mailing address of the applicant;

(2) a description of the management system, including organisational structure;

(3) a description of the proposed operation, including the type(s), and number of aircraft to be operated;

(4) the risk assessment documentation and related standard operating procedures, required by SPO.OP.230;

(5) a statement that all the documentation sent to the competent authority has been verified by the operator and found in compliance with the applicable requirements.

(c) The application for an authorisation or its amendment shall be made in a form and manner established by the competent authority, taking into account the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules.

DECLARATION/AUTHORISATION

Any commercial specialised operator should declare its activity to its competent authority, as required by ORO.DEC.100.

VALIDITY OF THE AUTHORISATION

The operator may submit an application to its competent authority for a single event, a defined series of flights or for an unlimited duration, depending on the type of operations foreseen.

ORO.SPO.115 Changes

Regulation (EU) No 379/2014

(a) Any change affecting the scope of the authorisation or the authorised operations shall require prior approval of the competent authority. Any change not covered by the initial risk assessment, shall require the submission of an amended risk assessment and SOP to the competent authority.

(b) The application for approval of a change shall be submitted before any such change takes place, in order to enable the competent authority to determine continued compliance with Regulation (EC) No 216/2008 and its Implementing Rules and to amend, if necessary, the authorisation. The operator shall provide the competent authority with any relevant documentation.

(c) The change shall only be implemented upon receipt of formal approval by the competent authority in accordance with ARO.OPS.150.

(d) The operator shall operate under the conditions prescribed by the competent authority during such changes, as applicable.

GENERAL

Any change to information contained in the authorisation, but not leading to an amendment of the SOPs or the operator’s risk assessment should be notified by the commercial specialised operator to its competent authority which should amend the authorisation.

ORO.SPO.120 Continued validity

Regulation (EU) No 379/2014

(a) An operator holding a specialised operation authorisation shall comply with the scope and privileges defined in the authorisation.

(b) The operator’s authorisation shall remain valid subject to:

(1) the operator remaining in compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules, taking into account the provisions related to the handling of findings as specified under ORO.GEN.150;

(2) the competent authority being granted access to the operator as defined in ORO.GEN.140 to determine continued compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules; and

(3) the authorisation not being surrendered or revoked.

(c) Upon revocation or surrender the authorisation shall be returned to the competent authority without delay.