INAC - icao.int · INAC 1~5TfTI/TO ~tiONAL DE M""CAO CIV

AUSTRO CONTROL GmbH Abteilung AOT

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Our/Ref: Letter No. 176/0PS /15

~+~ INAC 1~5TfTI/TO ~tiONAL DE M""CAO CIV<l, I P

MVIT- Departent of Civil Aviation Safety Management and Air Navigation Services Dr. Wilhelm Jagritsch

Postfach 201, 1000 Vienna

Austria

Lisbon, March 31th.2015

SUBJECT: Transfer of Oversight Responsibilities pursuant to Art. 83bis of the

Chicago Convention and the applicable European Union and national Regulations

regarding Aircraft OE-IMF

Dear Sirs,

Following your request, to implement the conditions outlined in Article 83 bis of the

Convention on International Civil Aviation, this Authority accepts the transfer of flight

operations, personnel, management of continuing airworthiness and maintenance

surveillance functions and responsibilities, in respect of the lease of the Austrian registered

aircraft OE-IMF whilst being operated by the Portuguese operator, JETCAPITAL , S.A. under

a dry lease contract with FEUERVOGEL S.A. (The lessor), from the 16th of March up to the

13th of March 2017, under its Air Operator Certificate.

The surveillance will be performed in accordance with the terms and conditions laid down in

the Agreement between Austria (GZ.BMVIT-70.32010009-IV/Stabst.SMF/2015) and Portugal

on the implementation of article 83 bis of the Convention on International Civil Aviation.

Enclosed please find one original of the Agreement, dully signed by INAC, I.P.

Best regards

LTS/NM Rua B, Edificio 4- Aeroporto da Portela 4- 1749-034 Lisboa- PORTUGAL

NIPC - 504 288 806 TeL (+351) 21 842 35 00 *Fax (351) 21 840 23 98

www.inac.pt • e-mail: [email protected]

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MVIT. Department of Civil Aviation ;a!ety Management and Air Navigation Services)

lailing address: Postfach 201, 1000 Vienna

Visiting address : RadetzkystraBe 2, A-1 030 Vienna E-Mail: [email protected] Internet: www.bmvlt.gv.at

2 4 MAR. 2015

GZ. BMVIT-70.320/0009-IV/Stabst.SMF/2015 DVR:0000175

To lnstituto Nacional de Avia<;ao Civil, I.P. Director General Rua B, Edificio 4 - Aeroporto da Portela 4 17 49-034 Lisboa Portugal An.N MR. LUIS PEREIRA MIGUEL TRINDADE SANTOS

MR. VICTOR ROSA MRS. CECILIA CARDOSO MRS. SUZEL FATIMA FERNANDES

FAX: +351-218.423.581/3

Federal Ministry for Transport, Innovation and Technology


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Vienna, March 16, 2015

Subject: Transfer of Oversight Responsibilities pursuant to Art. 83bis of the Chicago Convention and the applicable European Union and national Regulations regarding Aircrafts OE·IMF

Aeroplane Dassault Falcon 7x (s/n 125) registered OE-IMF to be operated by JETCAPITALAVIATION, S.A. in commercial air transportation

Dear Sirs,

Austro Control GmbH has been informed by the owner (lessor) Feuervogel S.A., Edificio Amoreiras Square, Rua Joshue Benoliel no 1,4/D, 1250-273 Lisbon, Portugal, that OE-IMF will be used for commercial air transportation under the Portuguese Air Operator Certificate (AOC) of JETCAPITALAVIATION, S.A., AV. D. Joao II, It 1.06.2.3, ?A, 1990 Lisbon, as granted by lnstituto Nacional de Avia<;ao Civil, I.P. (INAC) of Portugal for a period until March 131

h, 2017.

Since, in this case, Austria sees itself unable to fulfil the oversight responsibilities of the State of Registry, we kindly request your Authority INAC I.P .to accept, according the provisions of Article 83bis of the Chicago Convention as well as the applicable Union and National Regulations, the transfer of the operations, personnel and continuing airworthiness surveillance functions and responsibilities as identified in the enclosed Appendix 1 during the lease period.

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GZ. BMVIT-70.320/0009-IV/Stabst.SMF/2015

This agreement will be valid from the date of your acceptance until March 13'h, 2017. It will take effect and remain effective for aircraft listed in Appendix 2 during the above mentioned period under the condition that the aircraft is being operated by JETCAPITALAVIATION, S.A. under their Air Operator Certificate granted by the INAC I.P.

Any modification to the Agreement shall be agreed by the parties thereto in writing. The parties of this agreement shall be entitled to revoke the transfer of responsibilities at any time. The revocation must be performed in writing; it shall become effective 24 hours upon receipt.

During the aforementioned period all oversight and surveillance responsibilities of the State of Registry shall be discharged and accomplished by INAC I.P. in accordance with the terms and conditions laid down in the enclosed Appendix 1.

Appendix 1 reflects the guidelines provided by ICAO in the Circular 295 dated February 2003 and is based on the relevant European and national regulations.

The most convenient way of acceptance would be a letter of exchange by fax message to Austro Control GmbH, which is the competent civil aviation authority for the implementation of the transfer agreement with a copy to the BMVIT.

We look forward to hear from you soon. We always appreciate your friendly co-operation.

On behalf of the minister: (DGCA)

\_ . .. -....:: ,,·,,.

Ma . Elisabeth Landrichter ' Officer in charge: Norbert Theiner [email protected] Tei.Nr.: +43 (1) 71162 65 9908 Fax: +431 71162 65 69908

Chairman of the Board: (INAC I.P.) Dr. Luis Trindade Santos

Institute Nacional de Avia~o Civil, I.P. (INAC) Rua B, Edificios 4, 5 e 6 Aeroporto da Portela 1749-034 LISBOA, PORTUGAL Phone: (+351) 218 423 500 Fax: (+351) 218 423 581

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. valiiGZ. BMVIT~70.320/~ V/Stabst.SMF/2015 unt1l '~~Ji

CERTIFIED TRUE COPY APPENDIX 1

Transferred responsibilities and oversight/control functions:

1. ICAO Annex 6 Part I 2. ICAO Annex 8 Part II chapters 3, 4 (all responsibilities which are normally incumbent on the

State of Registry and those portions which provide for aircraft operator and operator's Authority responsibilities in relation to the intended operations)

3. ICAO Annex 1 Personnel Licensing - issuance and validation of licences 4. ICAO Annex 2 Rules of the Air - enforcement of compliance with applicable rules and

regulations relating to the flight and manoeuvre of aircraft.

Working arrangements.

General

1. The latest amendment of the Regulation (EC) No 216/2008, Regulation (EU) No 748/2012 and Regulation (EU) No 1321/2014 and other requirements issued by the European Aviation Safety Agency (EASA) called for in this Agreement, directly or indirectly, shall be applicable. In the case INAC I.P. would grant exemptions under provisions of art 14.4 of Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008, these exemptions shall be notified to AUSTRO CONTROL GMBH as soon as possible, unless otherwise explicitly established elsewhere in this agreement.

Approved type design

2. The aircraft, and any product or part thereof, must comply with relevant EASA approved type design (refer to provisions of art. 2 of Regulation (EU) 748/2012). INAC I.P. will be responsible for supervising compliance with this requirement after aircraft delivery to the lessee JETCAPITALAVIATION, S.A., and all the time the aircraft is being operated by the lessee under Austrian registration marks.

Mandatory Continuing Airworthiness Information (MCAI)

3. As applicable according to EU regulations, the aircraft must be in compliance with all the Mandatory Continuing Airworthiness Information (such as AD's, etc.) applicable to that aircraft, and to any part thereof, mandated as applicable either by the relevant State of Design Authorities or by EASA. The aircraft may be also requested to comply with MCAI's applicable to the subject aircraft model, products or parts thereof, issued by INAC I.P. or by Austro Control GmbH under the provisions of art. 14 of Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 when an equivalent airworthiness action has not been made mandatory by State of Design Authorities or more restrictive terms of compliance are mandated by INAC I.P. /Austro Control GmbH. To this late regard, coordination between INAC I.P. and Austro Control GmbH will be ensured and design or maintenance program implications deriving from the above mentioned mandatory airworthiness actions will be treated in accordance with terms and conditions of appropriate paragraphs of the following section "Maintenance". The Portuguese operator JETCAPITALAVIATION, S.A., must hold and keep up-to-date a complete set of the above mentioned applicable MCAI's. Regarding to Austro Control GmbH MCAI's, any other airworthiness actions mandated by Austro Control GmbH (e.g.

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L TH-LufttOchtigkeitshinweise) applicable to the concerned aircraft type and parts/products have to be fulfilled.

The Austrian AD's and L TH's are provided on internet: http://www.austrocontrol.at. Any derogation to MCAI's requirements must be approved in accordance with EU regulations. The Portuguese operator is also requested to look regularly at EASA and other relevant State of Design Authority web sites to fulfil their continuing airworthiness responsibilities in respect of aircraft and its components. Any derogation to MCAI's requirements must be approved in accordance with EU regulations.

Maintenance

4. The continuing airworthiness of the aircraft while being operated by the Portuguese operator under the appropriate operational approval granted by INAC I.P. will be managed and ensured by the Portuguese operator itself holding a Part-M Subpart G - approval (CAMO) granted by INAC I.P ..

5. Aircraft shall be maintained in accordance with the Aircraft Maintenance Programme (AMP) approved by INAC I.P. for the subject aircraft in accordance with relevant requirements of Annex I (Part-M) of Regulation (EU) No 1321/2014, as revised. In default of any maintenance specifications of the Authority of the State of the operator or the manufacturer, the requirements of the State of registry Authority will apply. Surveillance of the aircraft maintenance programme will be performed by INAC I.P. in accordance with its national procedures and/or in compliance with Part-M provisions. Any variation, if requested, to the approved maintenance program (e.g. short term interval extensions, escalations, etc.) will be approved by INAC I.P. in accordance with requirements, guidelines and interpretative materials for the management of maintenance programs which shall not be less restrictive than Part-M provisions and notified to Austro Control GmbH.

6. Surveillance of the aircraft continued airworthiness shall be performed by INAC in accordance with its national procedures.

7. Repairs and modifications to be performed on the aircraft shall be approved in accordance with relevant provisions of Annex (Part 21) to the Regulation (EU) 748/2012, as revised and relevant implementation procedures, before their embodiment. The express permission of the aircraft registered owner and of the lessor is required prior to the incorporation of any modification in order to ensure compliance with all applicable requirements and facilitating the lease back of the aircraft at the end of the lease period. Any repair of a damage that is beyond the limits or outside the scope of the published approved repair data must be approved by EASA (M.A.304). INAC I.P. will be responsible for supervising compliance with this requirement.

8. Aircraft or aircraft components will be released to service in accordance with all the applicable provisions of the Regulation (EU) No 1321/2014, Part 145.

9. All maintenance inspections, repairs and modifications to be performed on the aircraft have to be carried out and released to service by a Part-145 appropriately approved Maintenance Organisation.

10. The lessee shall be responsible of maintenance records keeping during the leasing period in accordance with applicable requirements in Regulation (EU) No 1321/2014, Part M, relevant specific conditions requested by the INAC I.P. and lessee's national procedure; all the maintenance records as described in the applicable requirements in Regulation (EU) No 132112014, Part M shall be transferred to the lessor when the aircraft will be leased back.

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11. Leasing contract, the Operations Manual (OM) and the Continuing Airworthiness Management Exposition (CAME) and Organization Manuals system approved to the Portuguese operator by INAC I.P. must reflect all stated conditions in this Appendix 1 as applicable.

Certificate of Airworthiness

12.1n accordance with provisions of Regulation (EU) No 1321/2014, as revised, Airworthiness Review Certificate associated with Aircraft Certificate of Airworthiness will be issued in accordance with Part M requirements by AUSTRO CONTROL GMBH, except if the aircraft has been in a controlled environment for the last 12 months, which could then be issued by the CAMO as established in Part M (M.A. 901 c).

13. Permits to Fly in respect of the Austrian registered aircraft, where the aircraft is temporarily not in airworthy condition, shall be issued by Austro Control GmbH upon appropriate application (21A.703 and 21A.707) in accordance with Regulation (EU) 748/2012. If Austro Control GmbH issues a Permit to Fly, the INAC I.P. will be informed.

Operations

14. The aircraft shall be operated in accordance with the EASA approved Aircraft Flight Manual, or deemed as EASA approved under Regulation (EU) 748/2012, and with lessee's MEL approved by INAC I.P. that has to be not less restrictive than the relevant EASA approved/accepted MMEL.

15. The aircraft shall be equipped in accordance with relevant applicable INAC I.P. operational requirements for the intended type of operations. Consequently EASA approved AFM may be requested to be integrated accordingly with EASA approved supplements required by INAC I.P., with AUSTRO CONTROL GMBH agreement. If major changes to aircraft type design would be necessary for such operation, they will be treated in accordance with the provisions described under the relevant section of this agreement.

In-service occurrences or incidents

16. Information, written in the English language, on in-service occurrences that affect or could affect continuing airworthiness of the aircraft shall be provided by the Portuguese operator to the organisations responsible for the type design, INAC I.P., Austro Control GmbH ([email protected]) and the State of Design Authorities as soon as possible ( in case of an accident or serious incident, in addition to the Austrian AlB ([email protected]) and to Austro Control GmbH) - but not later than 3 days. INAC I.P. shall provide AUSTRO CONTROL GMBH and relevant lead Authority with more detailed information on investigating processes of those major events for which mandatory airworthiness actions may be taken or deemed necessary by INAC I.P. in case of in-service occurrences that could invalidate the Aircraft Certificate of Airworthiness, INAC I.P. is entitled to prevent aircraft from resuming any operations and shall immediately inform Austro Control in order to allow proper corrective actions.

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Licences

17. Flight operations will be conducted by the Portuguese operator employing flight crew members holding an appropriately rated license issued, accepted or validated by Austro Control GmbH. Otherwise Austro Control GmbH validation is not requested if the said licence is a PART-FCL licence in accordance with Commission Regulation (EU) No 1178/2011 of November 2011, as amended, or a JAR-FCL licence issued by any of the EASA member State Authorities under JAR-FCL mutual recognition or bilateral acceptance between NAAs.

18. Any flying training activities will be conducted, as necessary and required by Part-FCL requirements, under the supervision and responsibility of provided by authorised Flight Instructors employed by the operator JETCAPITALAVIATION, S.A. holding the appropriate pilot license with the requested ratings, issued, accepted or validated by INAC I.P., or Austro Control GmbH.

Obligations of lessor and lessee

19. The lessor and the lessee shall be engaged to provide free access for INAC I.P. and Austro Control GmbH inspections at any time it will be required. Maintenance and operational records must be updated and available to any request from INAC I.P. and Austro Control GmbH until the end of the legal obligation to preserve these documents/records. All relevant documents shall be issued in the English language.

20. The lessor and the lessee shall immediately inform INAC I.P. and Austro Control GmbH about any changes of the present lease agreement or termination thereof, so that appropriate actions can be taken.

21. A copy of this agreement as well as a copy of its Appendix 1 and Appendix 2 must be carried on board of the aircraft at all times it is operated according the provisions of this agreement under the Air Operator Certificate of JETCAPITALAVIATION, S.A..

22. All communications affecting the execution of this agreement and its attachment Appendix 1 -working arrangements shall be made between the designated representatives of the INAC I.P. and Austro Control GmbH as follows

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For matter of principles in relation to this agreement, co-ordination for specific issues with the other interested involved Departments is:

• Institute Nacional de Aviacao Civil. I.P. (INAC):

Competent person for any questions is:

Operations

Mr. Jose Gonc;alves e-mail: [email protected] Institute Nacional de Aviac;ao Civil, I.P. (INAC) Rua B, Edificios 4, 5 e 6 Aeroporto da Portela 1749-034 LISBOA, PORTUGAL Phone: (+351) 218 423 500 (EXT: 2139) Fax: (+351) 218 423 581

Maintenance

Mrs Cecilia Cardoso e-mail: [email protected] Head of Department Maintenance and Production Department Institute Nacional de Aviac;ao Civil, I.P. (INAC) Rua B, Edificios 4, 5 e 6 Aeroporto da Portela 1749-034 LISBOA, PORTUGAL Phone +351 21 284 22 26 (Ext: 2234) Fax +351 21 842 35 83

Airworthiness

Mr. Victor Rosa [email protected] Head of Airworthiness Department Institute Nacional de Aviac;ao Civil, I.P. (INAC) Rua B, Edificios 4, 5 e 6 Aeroporto da Portela 1749-034 LISBOA, PORTUGAL Phone: (+351) 218 423 500 (EXT: 2264) Fax: (+351) 218 423 581

Occurrences

Institute Nacional de Aviac;ao Civil, I.P. (INAC) Rua B, Ediffcios 4, 5 e 6 Aeroporto da Portela, n° 4 17 49-034 LISBOA, PORTUGAL Phone: (+351) 218 423 500 Fax: (+351) 218 423 581 Internet: www.inac.pt E-mail: [email protected]

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GZ. BMVIT -70.320/0009-IV/Stabst.SMF/2015

Investigation of Accidents

Gabinete de Prevencao e lnvestigacao de Acidentes com Aeronaves (GPIAA)

Pra<;a Duque de Saldanha, 31 - 4° 1 050-094 Lis boa Tel: + 351 21 273 92 40/30 Fax: + 351 21 273 92 60 /1

• Austro Control GmbH: For matter of principles in relation to this agreement, co-ordination for specific issues with the other interested INAC I.P. involved Departments is:

Competent person for any questions is Mr. Wilhelm Jagritsch, MBA, e-mail [email protected] or phone +43 51703-1630 (fax: -1666).

e.mail: [email protected]

Coordination: Mr Hans Jurgen Altmann, e-mail: [email protected] or phone +43 51703-1647 (fax: -1606).

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PART 1

RESPONSIBILITIES OF PORTUGAL AND AUSTRIA REGARDING AIRWORTHINESS OUTLINE (According to Chicago Convention)

REF Subject ICAO Doc Responsibilities of the Responsibilities of the REF. Stat~ of Registry State of the Operator Appendix

Austria) (Portuqa'n 1 1 Mandatory Annex 8, Ensure that INAC and Ensure that

continuing Part II, JETCAPITALAVIATION, JETCAPITAL-airworthiness Chapter4; S.A., receive all AVIATION, S.A., information Doc9760, applicable mandatory complies with

3&4 Part Ill, continuing airworthiness mandatory continuing Chapter 9 information. airworthiness

information transmitted bv Austria

2 Operation of Annex 6, Ensure that INAC aircraft in Part I, receive information compliance Chapter 8, concerning CofA and with its 5.2.3 and Permits to fly. 12, 13 Certificate of 5.2.4 Airworthiness CCofA)

3 Operator's Annex 6, Ensure that the maintenance Part I, responsibilities are

5 responsibilities Chapter 8, contained in the 8.1 CAMO's CAME.

4 Operator's Annexa, Ensure that the maintenance Part I, maintenance responsibilities Chapter 8, organizations used by

8.1.2 JET-9 CAPITALAVIATION,

S.A. are approved in accordance with Part-145.

5 Operator's Annex 6, Ensure that guidance is maintenance Part I, contained in the control manual Chapter 8, CAMO's CAME, (MCM). 8.2.1 to approve the CAMO's

8.2.4 CAME and transmit a COPV to INAC.

6 Maintenance Annexa, Approve JETCAPITAL-Program Part I, AVIATION, SA's

a Chapter 8, Maintenance Program. 8.3

7 Maintenance Annex 6, Possibility to inspect Ensure that records are records Part I, maintenance records kept in accordance with

Chapter 8, and documents. the requirements of the 10 8.4.1 to Part- M.

8.4.2 . -


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8 Continuing Annex6, Ensure that the Ensure that the airworthiness Part I, airworthiness airworthiness information Chapter 8, requirements of Austria requirements of Austria

8.5 are known to both INAC and Portugal are 3,5, 12

and JETCAPITAL- complied with and to 13 AVIATION, S.A. adequate procedures

are incorporated in the CAMO's CAME.

16 Ensure that airworthiness reports are given to Austria

9 Modifications Annex6, Ensure that they have and repairs Parte I, 8.6; been previously

Doc 9760, approved by the States Part Ill of Design and of Chapter 8 Manufacture.

Ensure that the 4, 7 requirements are contained in the CAMO's CAME and approve the CAMO's CAME.

10 Approved Annex6, Ensure that the maintenance Part I, maintenance organization Chapter 8, organizations used by and 8.7 to 8.8 JET-

9 maintenance CAPITALAVIATION, release S.A. are approved in

11 Maintenance and 8.7.1 accordance with Part-approval 145.

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PART2

RESPONSIBILITIES OF PORTUGAL AND AUSTRIA REGARDING AIRWORTHINESS (According to EASA PART M)

Part M Subject Responsible State requirement

M.1.1 Oversight of the continuing State of the airworthiness of individual operator aircraft Issue of Airworthiness Review State of Registry Certificates

M.1.4 Approval of maintenance State of the programs, operator

SUBPART C CONTINUING AIRWORTHINESS M.B.301 Maintenance Program State of the

operator M.B.302 Exemptions State of Reg is try M.B.303 Aircraft Continuing State of Registry

Airworthiness monitoring M.B.304 Revocation, suspension and State of Registry

limitation SUBPARTE I AIRWORTHINESS REVIEW CERTIFICATE

M.B.901 Assessment of State of Registry recommendations

M.B.902 Airworthiness review by State of Registry Competent Authority

M.B.903 Findings State of Registry

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Appendix 1 reference

3, 4

12

5

5

1, 3, 6 6

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APPENDIX2

LIST OF AIRCRAFT AFFECTED BY THIS AGREEMENT

Aircraft Type Registration Marks Serial Number Leasing Term

Falcon ?X OE-IMF 125 During Leasing Period

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Documents

INAC - icao.int · INAC 1~5TfTI/TO ~tiONAL DE M""CAO CIV