Agreement For the transfer of operational and Technical Surveillance Duties from the State of registry (Romania) to the State of the Operator (Portugal) regarding aircraft YR-GPH. Romanian Civil Aeronautical Authority Sos. Bucuresti-Pioiesti, nr.38-40, sect.l, Bucharest Romania (hereafter RCAA) and Portuguese Civil Aviation Authority lnstituto Nacional de Aviacao Civil, I.P. Rua B, Edificio 4- Aero porto da Portela 4, 1749-034 Lisboa, Portugal, (hereafter INAC). Herein after referred to as "the Parties" have agreed as follows on the basis of Article 33 and 83 bis of the Convention of Internal Civil Aviation (hereafter Convention). Under this Agreement, the Parties agree that RCAA transfers to INAC the following responsibilities, including oversight and control, of relevant items contained in the respective Annexes to the Convention: ' ' 1. ICAO Annex 6 part I 2. ICAO Annex 8 part II chapter 3, 4 (only those portions which provide for aircraft operator and operator's Authority responsibilities in relation to the intended operations) Working arrangements General 1. The latest amendment of the Regulation (EC) 216/2008, No 1702/2003 and No 2042/2003 and other requirements issued by European Aviation Safety Agency (EASA) called for in Agreement, directly or indirectly, shall be applicable. In the case INAC would grant exemptions under provisions of art 14.4 of Regulation (EC) No 216/2008, these exemptions shall be notified to the RCAA as soon as possible unless otherwise explicitly established elsewhere in this Agreement. Definitions Lessor. S.C. GICA POPESCU AIR S.R.L. Lessee and Operator. HELl PORTUGAL The Aircraft. AS3SOB3, Serial Number 4514, registration mark YR-GPH
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 (EC) No 1702/2003). The INAC will be responsible for supervising compliance with this requirement after the aircraft delivery to the lessee and all the time the aircraft is being operated by the Portuguese operator under Romania registration marks. 3. The continuing airworthiness of the aircraft shall be ensured in accordance with Annex I to Regulation (EC) No 2042/2003 (Part M) and managed by an organization approved by Part M Subpart G. An Airworthiness Review Certificate (ARC) shall be issued by the RCAA or the organization responsible for the airworthiness management of the aircraft as applicable. Continuing Airworthiness 4. The Maintenance Program (AMP) for the aircraft shall be approved by RCAA. Any variation, if requested, to the approved maintenance program (e.g. short term interval extensions, escalations) shall be approved by INAC in accordance with the pertinent procedures approved by the lessee. 5. Surveillance of the aircraft continued airworthiness shall be performed by INAC in accordance with its national procedures. 6. Repairs and modifications to be performed on the aircraft shall be approved in accordance with all the applicable provisions of the Annex to Regulation (EC) No 1702/2003, (Part 21) and relevant implementation procedures, before their embodiment. 7. Aircraft or aircraft components shall be released to service in accordance with all the applicable provisions of the Regulation (EC) No 2042/2003, Part 145. 8. The lessee shall be responsible of maintenance records keeping during the leasing period in accordance with applicable requirements in Regulation (EC) No 2042/2003, Part M and the lessee's national procedure. All the maintenance records are described in the applicable requirements IN Regulation (EC) No 2042/2003, Part M shall be transferred to the lessor when the aircraft is returned. 9. Leasing contract, Operational manual, Continuing Airworthiness Maintenance Exposition (CAME) and Organization Manuals system approved to the lessee by INAC must reflect all stated conditions in this arrangement as applicable. Certificate of Airworthiness I ARC 10. The Aircraft Certificate of Airworthiness (CofA) shall be issued by the RCAA. Airworthiness review has to be performed in accordance with the provisions in Regulation (EC) No 2042/2003, Part-M when due. Operations 11. The aircraft shall be operated in accordance with an approved Aircraft Flight Manual, or deemed as EASA approved under Regulation (EC) No 1702/2003, and, an INAC approved MEL that has to be not less restrictive than the relevant approved/accepted MMEL. 2/5
12. The aircraft shall be equipped in accordance with relevant applicable Portuguese operational requirements for the intended type of operations. Consequently EASA approved AFM may be requested to be changed to aircraft, if major changes or type design would be necessary for such confirmation, they shall be treated in accordance with the provisions described under the relevant section of this Agreement. 13. Operation of the aircraft being conducted under the lessee's AOC or Aerial Work License shall be carried out in accordance with applicable Portuguese rules and regulations; surveillance shall be accomplished by INAC in accordance with the current national procedures. 14. Flight Permits in respect of the Romanian registered aircraft, where the aircraft is temporarily not in airworthy condition, may be issued by the INAC in accordance with Regulation (EC) No 1702/2003, Subpart P, on the behalf of the RCAA and may prescribe particular limiting conditions to permit the aircraft to be flown without fare-paying passengers to an approved maintenance facility at which it will be restored into an airworthy condition. In-service occurrences or Incidents 15. Information, written in English language, on significant in-service occurrences that affect or could affect continuing airworthiness of the aircraft, shall be provided by the lessee to the organization responsible for the type design, the RCAA, the INAC and the State of Design Authorities as soon as possible (in particular with quickest means available in case of any accident or serious incident, in addition to the notification to the appropriate accident investigating authorities) but not later than 3 days. INAC shall provide the RCAA and EASA with more detailed information and on investigation processes of those major events for which mandatory airworthiness actions may be taken or deemed necessary by INAC. In case is entitled to prevent the aircraft from resuming any operations and shall immediately inform the RCAA in order to allow proper corrective actions. Licenses 16. Flight operations shall be conducted by the lessee employing flight crew members holding an appropriately rated license issued, accepted or validated by RCAA. The RCAA validation must be obtained by the lessee if the said license is a Portuguese National Flight Crew license not issued in accordance with JAR-FCL or has been accepted or validated by INAC. Otherwise the RCAA validation is not requested if the said license is a JAR-FCL license issued by any the JAA full member Authorities under JAR-FCL mutual recognition. Obligations of Lessor and Lessee 17. The lessor and lessee shall be engaged to provide free access for the RCAA and INAC inspection respectively at any time it will be required. Maintenance and operational records must be up to date and available to any request from the RCAA and INAC until the end of the time for delegation. The associated documents shall be issued in the English language. 18. The lessor and lessee shall be engaged to promptly provide the RCAA and INAC with information about any variation in the lease agreement or termination thereof so that appropriate actions can be taken. Agreed terms and conditions for the delivery back of the aircraft shall be timely notified as well. 3/5
19. This agreement will enter into force on its date of signature and shall remain in until 30 of September 2012 (incl). A written communication about the termination of the Agreement will be provided by INAC and RCAA. Any modification to the Agreement shall be agreed by the parties thereto in writing. 20. In the event of breach of obligations as stipulated by the Agreement, by lessor or lessee or the parties, each party is entitled to at any time terminate the Agreement either wholly or in part by giving written notice to the other party, lessor and lessee. Advance notice will be given when circumstances so warrant. Otherwise termination of the Agreement will be effective immediately. Notification 21. Responsibility for notifying directly any States concerned of the existence and contents of this Agreement pursuant to Article 83bis rests with the State of the Operator, Portugal. This Agreement, as well as any amendments to it, will also be registered with ICAO by the RCAA or the State of the Operator, Portugal, as required by Article 83bis of the Convention, and in accordance with the Rules for Registration with ICAO of Aeronautical Agreements and Arrangements {ICAO Doc 6685). A certified true copy of this Agreement shall be placed on board of aircraft to which this Agreement applies. A copy of the Air Operator Certificate (AOC) issued to Operator by INAC in which the aircraft concerned is duly listed and properly identified, will be carried on board of aircraft. language 22. The English language shall be used in maintenance documentation and in the technical or operational reports. Communications 23. All communications affecting the execution of this Agreement and its working arrangements shall be made between the designated representatives of INAC and the RCAA as follows: INAC: For matter of principles in relation to this Agreement and co-ordination for specific issues with the other interested INAC Services: The Civil Aviation Authority of Portugal, Rua B, Edificio 4- Aeroporto da Portela 4, 1749-034 Lisboa Portugal E-mail: aestima@inac.pt, ernesto.estevinho@inac.pt RCAA: For matter of principles in relation to this Agreement and co-ordination for specific issues with the other interested RCAA Services: Romanian Civil Aeronautical Authority Sos. Bucuresti-Pioiesti, nr.38-40, sect.l, Bucharest 4/5
Romania Tel: +40212081508 Fax:+40212081572 E-mail: dir.gen@caa.ro Done and signed in three copies, one for each party of the Agreement and one copy to be carried on board YR- GPH. On behalf of The Portuguese Civil Aviation Authority lnstituto Nacional De A vi luis Trindade Santos Date: Airworthiness Director n Tudorel ROMAN <::../ ~ 1 legal Advisor.~ana RACA~~"'- 515