ARO.OPS.100 Issue of the air operator certificate

Regulation (EU) No 379/2014

(a) The competent authority shall issue the air operator certificate (AOC) when satisfied that the operator has demonstrated compliance with the elements required in ORO.AOC.100.

(b) The certificate shall include the associated operations specifications.

(c) The competent authority may determine specific operational limitations. Such limitations shall be documented in the operations specifications.

AREA OF OPERATION

(a) If the area of operation within the operational specifications of Appendix II to Part-ARO is not defined as ‘worldwide’ or ‘with no geographical limit’, the competent authority should describe the boundaries of a permissible area of operation by listing for example:

(1) a continuous line between a list of coordinates (Lat./Long.);

(2) the national boundary of the State of issuance of the AOC;

(3) a flight information region (FIR) boundary;

(4) a combination of adjacent FIR boundaries;

(5) ICAO region(s) as per ICAO Doc 7030; and

(6) operations in the Inter-Tropical Convergence Zone (ICTZ).

(b) The following factors should be taken into account when deciding the area of operation for CAT operations:

(1) The adequacy of the operational control and maintenance arrangements within the proposed area of operation.

(2) The general suitability of the aircraft which are to be used and in particular:

(i) the performance capability of the aircraft with regard to the terrain;

(ii) the need for any special equipment;

(iii) the aircraft systems and the level of redundancy of those systems, with regard to extremes of weather or climate; and

(iv) the need for any special dispatch minima with regard to the content of the MEL.

(3) Any special training required for:

(i) weather or climatic conditions likely to be encountered; and

(ii) compliance with specific approvals under Part-SPA (MNPS, RVSM, etc.).

(4) The need for the flight crew to comply with non-standard ATC requirements such as the use of:

(i) non-standard phraseology;

(ii) altitude clearances in metres; and

(iii) altimeter settings in inches of mercury, wind speed in metres/sec, visibility in miles, etc.

(5) The navigation and communication facilities available over the routes proposed and the associated equipment of the aircraft.

(6) The adequacy of aerodromes or operating sites available within the proposed area, and the availability of current maps, charts, associated documents or equivalent data.

(7) The availability of adequate search and rescue facilities, and the need to carry special survival equipment and the need for training in the use of the survival equipment.

(8) Survival equipment available for the operator and installed in the aircraft used.

ARO.OPS.105 Code-share arrangements

Regulation (EU) No 965/2012

In considering the safety of a code-share agreement involving a third-country operator, the competent authority shall:

(1) satisfy itself, following the verification by the operator as set out in ORO.AOC.115, that the third-country operator complies with the applicable ICAO standards;

(2) liaise with the competent authority of the State of the third-country operator as necessary.

SAFETY OF A CODE-SHARE AGREEMENT

(a) When evaluating the safety of a code-share agreement, the competent authority should check that the:

(1) documented information provided by the applicant in accordance with ORO.AOC.115 is complete and shows compliance with the applicable ICAO standards; and

(2) operator has established a code-share audit programme for monitoring continuous compliance of the third country operator with the applicable ICAO standards.

(b) The competent authority should request the applicant to make a declaration covering the above items.

(c) In case of non-compliance, the applicant should be informed in writing of the corrections which are required.

AUDITS PERFORMED BY A THIRD PARTY PROVIDER

When audits are performed by a third party provider, the competent authority should verify if the third party provider meets the criteria established in AMC2 ORO.AOC.115(b).

ARO.OPS.110 Lease agreements for aeroplanes and helicopters

Regulation (EU) 2019/1384

(a) The competent authority shall approve a lease agreement when satisfied that the operator certified in accordance with Annex III (Part-ORO) complies with:

(1) ORO.AOC.110(d), for dry leased-in third country aircraft;

(2) ORO.AOC.110(c), for wet lease-in of an aircraft from a third country operator;

(3) ORO.AOC.110(e), for dry lease-out of an aircraft to any operator, except for the cases specified in point ORO.GEN.310 of Annex III;

(4) relevant requirements of continuing airworthiness and air operations, for dry lease-in of an aircraft registered in the EU and wet lease-in of an aircraft from an EU operator.

(b) The approval of a wet lease-in agreement shall be suspended or revoked whenever:

(1) the AOC of the lessor or lessee is suspended or revoked;

(2) the lessor is subject to an operating ban pursuant to Regulation (EC) No 2111/200546 Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2005, p. 15). of the European Parliament and of the Council47 OJ L 344, 27.12.2005, p. 15.;

(3) the authorisation issued in accordance with Commission Regulation (EU) No 452/201448 Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 133, 6.5.2014, p. 12). has been suspended, revoked or surrendered.

(c) The approval of a dry lease-in agreement shall be suspended or revoked whenever:

(1) the certificate of airworthiness of the aircraft is suspended or revoked;

(2) the aircraft is included in the list of operators subject to operational restrictions or it is registered in a State of which all operators under its oversight are subject to an operating ban pursuant to Regulation (EC) No 2111/2005.

(d) When asked for the prior approval of a dry-lease out agreement in accordance with ORO.AOC.110(e), the competent authority shall ensure:

(1) proper coordination with the competent authority responsible for the continuing oversight of the aircraft, in accordance with Commission Regulation (EU) No 1321/201449 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)., or for the operation of the aircraft, if it is not the same authority;

(2) that the aircraft is timely removed from the operator’s AOC except for the cases specified in point ORO.GEN.310 of Annex III.

(e) When asked for prior approval of a dry lease-in agreement in accordance with point ORO.AOC.110(d), the competent authority shall ensure proper coordination with the State of Registry of the aircraft as necessary to exercise the oversight responsibilities of the aircraft.

WET LEASE-IN

(a) Before approving a wet lease-in agreement, the competent authority of the lessee should assess available reports on ramp inspections performed on aircraft of the lessor.

(b) The competent authority should only approve a wet lease-in agreement if the routes intended to be flown are contained within the authorised areas of operations specified in the AOC of the lessor.

SHORT TERM WET LEASE-IN

The competent authority of the lessee may approve third country operators individually or a framework contract with more than one third country operator in anticipation of operational needs or to overcome operational difficulties taking into account the conditions defined in Article 13(3) of Regulation (EC) No 1008/2008.

APPROVAL

(a) Except for wet lease-out, approval for an EU operator to lease an aircraft of another operator should be issued by the competent authority of the lessee and the competent authority of the lessor.

(b) When an EU operator leases an aircraft of an undertaking or person other than an operator, the competent authority of the lessee should issue the approval.

DRY LEASE-OUT

The purpose of the requirement for the competent authority to ensure proper coordination with the authority that is responsible for the oversight of the continuing airworthiness of the aircraft in accordance with Commission Regulation (EU) No 1321/201450 OJ L 362, 17.12.2014, p.1. is to ensure that appropriate arrangements are in place to allow:

(a) the transfer of regulatory oversight over the aircraft, if relevant; or

(b) continued compliance of the aircraft with the requirements of Commission Regulation (EU) No 1321/2014.

GM3 ARO.OPS.110 Lease agreement

ED Decision 2019/019/R

LONG-TERM WET LEASE-IN AGREEMENTS BETWEEN OPERATORS REGISTERED IN DIFFERENT EU MEMBER STATES

In case of a long-term wet lease-in agreement between operators having their principal place of business in different EU Member States, the competent authorities of the lessee and the competent authority of the lessor may consider a mutual exchange of all necessary information in accordance with ARO.GEN.200(c).