FAQ n.19129

The definition of commercial operation according to Regulation (EC) No 216/2008 Article 3 (Definitions) (i) is as follows: “commercial operation” shall mean any operation of an aircraft, in return for remuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator.” In this context, what does the term “control” actually mean?

Answer

Reference: Regulation (EC) No 216/2008 (‘the Basic Regulation’)

The legislator has not further specified the term “control”. It is therefore EASA’s view that it should be understood in a wider sense, i.e. the term is not limited to operational control. In this sense, control could for example also encompass financial control, control of management decisions etc. This notion of the definition is for example particularly valid for managed operations or fractional ownership. These are operations where an aircraft is owned by one or several persons who contract a management company to manage operations and continuing airworthiness. It then depends on the specific contract between the owner(s) and the management company how much control the owner(s) still have over the operation.

Last updated: 
11/09/2014

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