Council Regulation (EEC) No 3922/91Show full title

[F1 OPS 1.165 Leasing U.K.

(a)

Terminology

Terms used in this paragraph have the following meaning:

(1)

Dry lease — Is when the aeroplane is operated under the AOC of the lessee.

(2)

Wet lease — Is when the aeroplane is operated under the AOC of the lessor.

(b)

Leasing of aeroplanes between Community operators

(1)

Wet lease-out. A Community operator providing an aeroplane and complete crew to another Community operator, in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (1) , and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane.

(2)

All leases except wet lease-out

(i)

Except as provided by subparagraph (b)(1) above, a Community operator utilising an aeroplane from, or providing it to, another Community operator, must obtain prior approval for the operation from his respective Authority. Any conditions which are part of this approval must be included in the lease agreement.

(ii)

Those elements of lease agreements which are approved by the Authority, other than lease agreements in which an aeroplane and complete crew are involved and no transfer of functions and responsibilities is intended, are all to be regarded, with respect to the leased aeroplane, as variations of the AOC under which the flights will be operated.

(c)

Leasing of aeroplanes between a Community operator and any entity other than a Community operator:

(1)

Dry lease-in

(i)

A Community operator shall not dry lease-in an aeroplane from an entity other than another Community operator, unless approved by the Authority. Any conditions which are part of this approval must be included in the lease agreement.

(ii)

A Community operator shall ensure that, with regard to aeroplanes that are dry leased-in, any differences from the requirements prescribed in Subparts K, L, and/or OPS 1.005(b), are notified to and are acceptable to the Authority.

(2)

Wet lease-in

(i)

A Community operator shall not wet lease-in an aeroplane from an entity other than another Community operator without the approval of the Authority.

(ii)

A Community operator shall ensure that, with regard to aeroplanes that are wet leased-in:

(A)

The safety standards of the lessor with respect to maintenance and operation are equivalent to those established by the present Regulation;

(B)

The lessor is an operator holding an AOC issued by a State which is a signatory to the Chicago Convention;

(C)

The aeroplane has a standard Certificate of Airworthiness issued in accordance with ICAO Annex 8. Standard Certificates of Airworthiness issued by a Member State other than the State responsible for issuing the AOC, will be accepted without further showing when issued in accordance with Part 21; and

(D)

Any requirement made applicable by the lessee's Authority is complied with.

(3)

Dry lease-out

A Community operator may dry lease-out an aeroplane for the purpose of commercial air transportation to any operator of a State which is signatory to the Chicago Convention provided that the following conditions are met:

(A)

The Authority exempted the operator from the relevant provisions of OPS Part 1 and, after the foreign regulatory authority has accepted responsibility in writing for surveillance of the maintenance and operation of the aeroplane(s), has removed the aeroplane from its AOC; and

(B)

The aeroplane is maintained according to an approved maintenance programme.

(4)

Wet lease-out

A Community operator providing an aeroplane and complete crew to another entity, in accordance with Regulation (EEC) No 2407/92, and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane.]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 8/2008 of 11 December 2007 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane (Text with EEA relevance).

(1)

[F1 OJ L 240, 24.8.1992, p. 1 .]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 8/2008 of 11 December 2007 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane (Text with EEA relevance).