Practice Areas >Aviation & Shipping > Aircraft Registration > Air Operator’s Licence
Air Operator's Licence
Obtaining an Air Operator’s Licence
Every holder of an AOC is also required to obtain an Air Operator’s Licence (“AOL”). Any undertaking established within the EU wishing to carry by air: passengers, mail and/or cargo for remuneration and/or hire must obtain an AOL. Moreover, the granting and validity of an AOL is dependent upon the possession of a valid AOC specifying the activities covered by the AOL.
Conditions
Conditions for Granting an Operating Licence
In accordance with Regulation (EC) No 1008/2008 on the common rules for the operation of air services in the Community (Recast), the following conditions must be satisfied in order for an undertaking to be granted an AOL form the CAD – it must:
- Have its principal place of business located within Malta;
- Hold a valid AOC issued by the CAD;
- Have one or more aircrafts at its disposal through ownership or a dry lease agreement;
- Have as its main occupation the operation of air services is isolation or in combination with any other commercial operation of aircrafts or the repair and maintenance of aircrafts;
- Have a company structure which allows CAD to implement the provisions of the Regulation;
- Be owned and effectively controlled by an EU Member States and/or nationals of Member States to the extent of more than 50% of the undertaking, whether directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the EU is a party;
- Meet the financial conditions as specified in Article 5 of the Regulation;
- Comply with the insurance requirements specified in Article 11 of the Regulation and in Regulation (EC) No 785/2004; and
- Comply with the provisions on good repute as specified in Article 7 of the Regulation.
Process
Application Process
An AOL may be obtained within a maximum time frame of three (3) months from receipt of all necessary information and in no case shall CAD take longer than this time to communicate to the undertaking as to whether or not a licence shall be issued in its favour.
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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;
- Obtaining Air Operator’s Certificates and Air Operator’s Licences;
- Provide advice on asset financing, insurance and aircraft leasing;
- Assistance with the registration of security interests over aircrafts;
- Assistance with tax planning in the realm of aviation;
- Assistance with the sale & acquisition of aircrafts; and
- Assistance with disputes involving aircrafts before the Maltese Courts and arbitration tribunal.