ARO.OPS.150 Authorisation of high risk commercial specialised operations

Regulation (EU) 2019/1384

(a) Upon receiving an application for the issue of a high risk commercial specialised operations authorisation, the competent authority of the operator shall review the operator’s risk assessment documentation and standard operating procedures (SOP), related to one or more planned operations and developed in accordance with the relevant requirements of Annex VIII (Part-SPO).

(b) When satisfied with the risk assessment and SOP, the competent authority of the operator shall issue the authorisation, as established in Appendix IV. The authorisation may be issued for a limited or for unlimited duration. The conditions under which an operator is authorised to conduct one or more high risk commercial specialised operations shall be specified in the authorisation.

(c) Upon receiving an application for a change to the authorisation, the competent authority of the operator shall comply with (a) and (b). It shall prescribe the conditions under which the operator may operate during the change, unless the competent authority determines that the authorisation needs to be suspended.

(d) Upon receiving an application for the renewal of the authorisation, the competent authority of the operator shall comply with (a) and (b). It may take into account the past authorisation process and oversight activities.

(e) Without prejudice to any additional enforcement measures, when the operator implements changes without having submitted an amended risk assessment and SOP, the competent authority of the operator shall suspend, limit or revoke the authorisation.

(f) Upon receiving an application for the issue of an authorisation for a cross-border high risk commercial specialised operation, the competent authority of the operator shall review the operator’s risk assessment documentation and standard operating procedures (SOP) in coordination with the competent authority of the place where the operation is planned to be conducted. When both authorities are satisfied with the risk assessment and SOP, the competent authority of the operator shall issue the authorisation.

GENERAL

The competent authority should make publicly available a list of activities of high risk commercial specialised operations so that operators are informed when to apply for an authorisation.

VERIFICATION OF COMPLIANCE

(a) For the purpose of verifying the operator’s standard operating procedures (SOPs), the competent authority may conduct an audit at the operator’s facilities or require the conduct of one or more demonstration flights operated as if they were high risk commercial specialised operations.

(b) An individual should be nominated by the competent authority to become the focal point for all aspects of the authorisation process and to coordinate all necessary activity. This nominated person should confirm to the responsible person of the competent authority issuing the authorisation that all appropriate audits and inspections have been carried out.

(c) When the verification process is complete, the person, nominated in accordance with (b), should present the application to the person responsible for the issuance of an authorisation together with a written recommendation and evidence of the result of the review of the operator’s risk assessment documentation and SOPs, which is required before the authorisation is issued. The competent authority should inform the applicant of its decision concerning the application. In cases where an application for an authorisation is refused, the applicant should be informed of the right of appeal as exists under national law.

LIMITATIONS

The competent authority may issue the authorisation for a limited duration, e.g. for a single event or a defined series of flights, or limit the operating area.

CHANGE OF NAME OF THE ORGANISATION

(a) Upon receipt of the application for a change of the authorisation, the competent authority should re-issue the authorisation.

(b) A name change alone does not require the competent authority to re-assess the risk assessment and SOPs, unless there is evidence that other aspects of the operation have changed.

AUTHORISATION OF CROSS-BORDER HIGH RISK COMMERCIAL SPECIALISED OPERATION

(a) An authorisation for cross-border high risk commercial specialised operations should be issued by the competent authority, when both the competent authority itself and the competent authority of the place where the operation is planned to be conducted are satisfied that the risk assessment and SOPs are appropriate for the area overflown.

(b) The authorisation should be amended to include those areas for which the operator has received the authorisation to conduct cross-border high risk commercial specialised operation.

AUTHORISATION OF CROSS-BORDER HIGH RISK COMMERCIAL SPECIALISED OPERATION

Cross-border high risk commercial specialised operation means a high risk commercial specialised operation in a territory other than the Member State than where the operator has its principle place of business.

ARO.OPS.155 Lease agreements

Regulation (EU) No 379/2014

(a) The competent authority shall approve a lease agreement involving a third country registered aircraft or a third country operator when the SPO operator has demonstrated compliance with ORO.SPO.100.

(b) The approval of a dry lease-in agreement shall be suspended or revoked whenever the certificate of airworthiness of the aircraft is suspended or revoked.

WET LEASE-IN

Since ICAO has not stipulated globally harmonised standards for specialised operators and their operation, the applicable requirements involving a third country registered aircraft of a third country operator will be of a local or national nature. Therefore, the competent authority approving a wet lease-in agreement is encouraged to collect information on the oversight system of the state of the operator or state of registry, if applicable, in order to have a better understanding of the operation.

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.