Practice Areas >Aviation & Shipping > Aircraft Registration > Air Operator’s Certificate

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Air Operator's Certificate

The Air Operator’s Certificate - Ensuring a European Standard

An AOC is necessary for an air transport organisation to carry out any air service within the EU in accordance with Council Regulation 1008/2008 on common rules for the operation of air services in the Community. Given that an AOC is a certificate authorising a business to operate as an air transport organisation, the requirements to obtain said certificate revolve around the operational and technical aspects of the business relating to equipment (including aircraft and their support equipment), organisation and staffing.

An AOC is a European required certificate which allows an operator to perform specific operations of commercial air transport. The AOC will confirm that the operator in question has the professional ability and organisation to ensure the safety of operations specified in the certificate, as provided in the relevant provisions of EU or national law, as applicable.

Every holder of an AOC is also required to obtain an Air Operator’s Licence (“AOL”).

Adherence to Rules

Adherence to Civil Aviation Directorate's Rules

The applicant for an AOC must adhere to the rules published by the CAD. In particular, an operator must:

  • Have his principal place of business and, if any, his registered office located in Malta;
  • Satisfy the CAD that he is able to conduct safe operations;
  • Appoint an accountable manager, who will be responsible for establishing and maintaining an effective management system; and
  • Nominate persons to be responsible for the management and supervision of flight operations; crew training; ground operations; and continuing airworthiness.

The Process

Process of Applying for an Air Operator's Certificate

The procedure for applying for and obtaining an AOC is broken down into five (5) stages. The application for the issue of an AOC must be submitted ninety (90) days before the date on which the applicant intends to begin operations.

1

Pre-Application Stage

This stage involves the operator entering into preliminary discussions with the Flight Operations Inspectorate of the CAD where the operator shall be provided with complete information concerning the type of operations which may be authorised, the data to be provided by the applicant and the procedures which will be followed in the processing of the application. As part of this phase, the operator must also submit a Pre-Assessment Statement (POPS form) to the Flight Operations Inspectorate in order to establish his intent to pursue the issue of an AOC. The pre-application phase should include a parallel assessment of the financial, economic and legal status of the applicant and the proposed operation.
2

Application Stage

Upon completion of the assessment concerning the financial, economic and legal aspects of the application and after any deficiencies have been corrected, a provisional determination should be made regarding the general feasibility of the operation. If the operation is found to be provisionally acceptable, and an Air Operator’s Licence (“AOL”) has been cleared, then the second phase of the certification process will commence and the formal application phase can be undertaken. The formal application phase will not commence until all the parameters required and the issuance of the AOL is ensured. The formal application is prepared to show the method of compliance and is prepared for in-depth evaluation, demonstration and inspection related to the required manuals, training programmes, operational and maintenance facilities, aircraft, support equipment, record keeping, dangerous goods programme, flight crew, and key management personnel, including the functioning of the administrative and operational organisation.
3

Document Evaluation Phase

The document evaluation phase involves the detailed examination of all documentation and manuals provided by the applicant, to establish that every aspect required by the regulations is included and adequately covered. In order to facilitate this phase of the certification process, the applicant should have coordinated all aspects of the development of the required documentation with the Flight Operations Inspectorate of the CAD, prior to the submission of the formal application.
4

Inspection and Demonstration Phase

Inspections will involve base and station facility inspections, inspection of the operational control and supervision facilities and inspection of training programmes and training facilities. On the other hand, demonstrations will involve demonstration of the operational control system and flights demonstration.
5

Certification Phase

The certification phase is the last phase of the certification process when the Flight Operations Inspectorate of the CAD has determined that all operational certification requirements, have been completed in a satisfactory manner, and that the operator will comply with the applicable regulations and is fully capable of fulfilling its responsibilities and of conducting a safe and efficient operation. Thus, this phase ends with the issuance of the AOC.
 

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How we can help

Gonzi & Associates, Advocates boasts qualified professionals who have accumulated several years of experience in this area and who are well-equipped to provide the following:

  • Assistance to clients in registering their aircraft in Malta;
  • Assistance with the registration of security interests over aircrafts;
  • Assistance with the sale & acquisition of aircrafts; and
  • Assistance with disputes involving aircrafts before the Maltese Courts and arbitration tribunal.

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