0 Schweizerische Eidgenosse.nschaft Conf@di!ration suisse Confederazione Svizzera Confederaziun svizra Swiss Confederation Federal Department of lhe Environment, Transport, Energy and Communications CETEC F-rol Offtce of Civil Avlollon FOCA Board of dlreclors CH:3Q93 Btm FOCA Bundesministerium fllr Verkehr, Innovation und Technologle IVIL3 (Fiugbetrieb) Postfach 201 A-1000Wien Refenmco: 54-06.007_Eaglo_109350 Your roleronce: GZ.BMVIT-70.32010004-IV/l312012 DRV:0000175 Our rolerence: hop contad penon: Patrlcla Healg Tal. +41 31 325 93 54, Fax +41 31 325 98 01, patrida.herzlgciibazl.odmln.ch llllgon, 11 Jonuory 2012 Transfer of OVersight Responsibilities pursuant to Art 83bls of the Chicago Convention and the applicable European Community Regulations regarding Aircraft OE-XBC Dear Dr. Kart Prachner with reference to your letter and agreement dated January 11 111, 2012, we inform you that we accept to undertake the operational and technical surveillance of the helicopter OE-XBC, while being operated by the Swiss Eagle Helicopter AG (CH-AOC HEL.3021). The transfer of surveillance responsibilities shall be effective in accordance with the aforementioned agreement. according to Art 83bis of the ICAO convention from the day of signature of this letter until April15 111, 2012. The delegation will be accomplished in accordance with the terms and conditions laid down In the aforementioned agreement. A copy of the letter and the agreement shall be carried on board the helicopter OE-XBC. Yours sincerely q. Federal Office of,... w-x,.: Peter MOIIer Director General Fodonol Offtce of Civil Avlollon Postal oddi8si: CH-3003 IIOm www.toca.admln.ch ISO 9001 cer11fiodiso 9001 cer11fied
BMVIT IV!L3 (Flugbetrlob, Technlk, Luflvorkahrswlrtschall und Securky) Postanschrlft: Pooffach201.1000Wisn 60roanschrlf1 : Radetzkystralle 2. 1030 Wlen E-Mall:!30b!ny!l.qv,!ll Internet www.bmyltav.at bm(f)f(; tiun1jt:jrtl111i.steritlm ftlr ~trk~hr.!anovthioi') llll(:1 '.ftcllljojijjit GZ. BMVIT-70.32010004-IV!L3/2012 DVR:0000175 To Federal Office of Civil Aviation- FOCA Mr. Peter Muller Director General Maulbeerstr. 9 3003 Bern Switzerland Vienna, the 11.01.2012 Subject: Transfer of Overslgl)t Responsibilities pursuant to Art. ~bls of the Chicago Convention and the applicable European Community Regulations regarding Aircraft OE XBC - Corrected Version Helicopter AS 350 B3 (sin 3414} regist!!red OE-XBC to be operated by Eagle Helicopter AG (CH-AOC HEL.3021) In Commercial Air Transportation Dear Mr Muller, Austro Control GmbH has been informed by the Austrian owner (in sense of property) of the mentioned aircraft OE-XBC, Hubsch.raub air GmbH, Sfefan-Fechter Weg 1, 4020 Linz, Austria, that OE XBC will be operated in commercial air transport operations under the SWiss AOC (CH-AOC HEL.3021) of Eagle Helicopter AG, Eggstrasse 17, 3nO Zweisimmen, Switzerland for a period from 15 1 h January 2012 until 101h April 2012 in Georgia. Swiss CAA has sent the same information to the Austrian Federal Ministry of Transport. Since, in this case, Austria sees itself unable to fulfil the oversight responsibilities of the State of Registry, we kindly request your Authority to accept, according the provisions of Article 83bis of the Chicago Convention as well as the applicable Community 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.
GZ. BMVIT -70.320/0004-IVIL3/2012 This agreement will be valid from the date of your acceptance - but not earlier than the 15 1 h January 2012 until 10 1 h April 2012. lt will take effect and remain effective during the above mentioned period under the condition that the aircraft is being operated by Eagle Helicopter AG under their relevant AOC I CAMO granted by the FOCA. 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 FOCA 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 regulations. The most convenient way of acceptance would be a letter of exchange by lax 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: Officer in charge: Norbert Theiner norbert.theiner@bmvlt.gv.at Tei.Nr.: +43 (1) 71162 65 9908 Fax: +43 (1) 71162 65 69908 (DGCA) Dr. Karl Prachner
GZ. BMVIT-70.320/0004-IV/L3/2012 APPENDIX 1 Transferred responsibilities and oversight/control functions: 1. ICAO Annex 6 Part Ill 2. ICAO Annex 8 Part 11 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 European Union (EU) and international set of requirements (e.g. JARs), directly or indirectly called for in this agreement is to be intended at the latest amendment/change respectively issued by EU or adopted by FOCA. in accordance with the pertinent effectiveness and implementation schedule as defined respectively by EU or by FOCA. In the case FOCA 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 EU Regulation 170212003 dated 24 September 2003). FOCA will be responsible for supervising compliance with this requirement all the time the aircraft is being operated by the national operator 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, Emergency Conformity Information (ECI), etc.) applicable to that aircraft, and to any part thereof, mandated as applicable either by the relevant State of Design Authorities (refer to Decision No. 212003 of The Executive Director of The Agency dated 14 October 2003) 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 FOCA 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 FOCA I Austro Control GmbH. To this late regard, coordination between FOCA 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 Swiss operator Eagle Helicopter AG 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. LTH-Luftlilchtigkeitshinweise) applicable to the concerned aircraft type and parts/products have to be fulfilled.
GZ. BMVIT-70.320/0004-IV/L3/2012 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 Swiss 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 Swiss operator under the appropriate operational approval granted by FOCA will be managed and ensured by.the Swiss operator itself holding a Parte M Subpart G approval (CAMO) granted by FOCA. 5. The Aircraft shall be maintained. in accordance with the Aircraft Maintenance Programme (AMP) approved by Austro Control GmbH to the Swiss operator for the subject aircraft in accordance with relevant requirements of Annex I (Part-M) of Regulation (EC) 2042/2003, 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 FOCA in accordance with its national procedures and 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 FOCA in accordance with requirements, guidelines and interpretative materials for the management of maintenance programs which shall not be less restrictive than Part-M provisions. 6. Repairs and modifications to be performed on the aircraft shall be approved in accordance with relevant provisions of Annex (Part 21) to the Regulation (EC) 1702/2003, 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. 7. 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. 8. All the maintenance records as described in the applicable Part-M requirements shall be transferred to the operator when the aircraft will be leased back. 9. The Operations Manual (OM) and the Continuing Airworthiness Management Exposition (CAME) approved to the Swiss operator by FOCA must reflect all stated conditions in this Appendix 1 as applicable.
GZ. BMVIT-70.320/0004-IVIL3/2012 Certificate of Airworthiness 10. The continued validity of the Aircraft Certificate of Airworthiness (Cot A) shall be ensured in accordance with Regulation (EC) 2042/2003 Part-M requirements. 11. 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 (21A703 and 21A.707) in accordance with Regulation (EC) 1702/2003. If Austro Control GmbH issues a Permit to Fly, the FOCA will be informed. Operations 12. The aircraft shall be operated in accordance with the EASA approved Aircraft Flight Manual, or deemed as EASA approved under Regulation (EC) 1702/2~. and, if any, FOCA approved MEL that has not to be less restrictive than the relevant EASA approved/accepted MMEL, or deemed as EASA approved/accepted. Any deviation to the approved MEL shall be approved by FOCA in accordance with the pertinent procedures approved to the Swiss operator. OM-B should be revised/established by the Swiss operator and be approved by FOCA. 13. The aircraft shall be equipped in accordance With relevant applicable Swiss operational requirements for the intended type of operations. Operation of the aircraft being conducted under the operator's AOC will be carried out in accordance with European regulations and applicable Swiss rules. In-service occurrences or incidents 14. 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 Swiss operator to the organisations responsible for the type design, i=oca, Austro Control GmbH (reports@austroc:ontrol.at) and the State of Design Authorities as soon as possible (in case of an accident or serious incident, in addition to the Austrian AIB (FUS@bmvjt.gv.at) and to Austro Control GmbH) - but not later than 3 days. Communication between FOCA and Austro Control GmbH shall be done according to Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation. In case of in-service occurrences that could invalidate the Aircraft Certificate of Airworthiness, FOCA is entitled to prevent aircraft from resuming any operations and shall immediately inform Austro Control GmbH in order to allow proper corrective actions.
GZ. BMVIT-70.320/0004-IV/L3/2012 Licences 15. Flight operations will be conducted by the Swiss operator employing flight crew members holding an appropriately rated license issued, accepted or validated by FOCA. Austro Control GmbH validation must be obtained by the operator if the said licence is a Swiss National Flight Crew Licence not issued in accordance with JAR-FCL or has been accepted or validated by FOCA. Otherwise Austro Control GmbH validation is not requested if the said licence is a JAR-FCL licence issued by any of the EASA member State Authorities under JAR-FCL mutual recognition or bilateral acceptance between NAAs. 16. Any flight training activities will be conducted, as necessary and required by JAR-FCL regulations, under the supervision, responsibility and authorisation of Flight Instructors employed by the Swiss operator holding the appropriate pilot license with the requested ratings, issued, accepted or validated by FOCA, or validated by Austro Control GmbH. Obligations of the Swiss Oper11tor 17. The Swiss Operator shall be engaged to provide free access for FOCA and Austro Control GmbH inspection respectively at any time it will be required. Maintenance and operational records must be up to date and available to any request from FOCA and Austro Control GmbH until the end of the legal obligation to preserve these documents/records. The associated documents shall be issued in the English language. 18. A written communication about the termination or changes of the leaseagreement between Swiss operator and Austrian owner shall be sent to FOCA. FOCA will immediately inform Austro Control GmbH. 19. A copy of this agreement as well as a copy of its Appendix 1 rnust be carried on board the aircraft at all times it is operated according the provisions of this agreement under the AOC of Eagle Helicopter AG.
GZ. BMVIT-70.320/0004-IV/L3/2012 20. All communications affecting the execution of this agreem10nt and its attachment Appendix 1 - working arrangements shall be made between the designated representatives of the FOCA and Austro Control GmbH as follows For matter of principles in relation to this agreement, co-ordination for specific issues with the other interested involved Departments is: FOCA Competent person for any questions is Mrs Patricia Herzlg E-Mail: patricia.herzjg @bazl.admin.ch Bundesamt for Zlvllluftfahrt BAZL - FOCA Abteilung Sicherheit Flugbetrieb Phone +41 (0)31 325 93 54 Fax +41 (0)31 325 96 01 Austro Control GmbH: For matter of principles in relation to this agreement, co-ordination for specific issues with the other interested FOCA involved Departments is: Competent person for any questions is Mr. Wilhelm Jagritsch, MBA, e-mail wilhelm.jaaritsch@austrocontrol.at or phone +43 51703-1630 (tax: -1666). E-Mail: airworthiness@austrocontrol.at Coordination: Mr Hans JOrgen Altrnann, E-Mail: hans-juergen.altmann@austrocontrol.at or phone +43 51703-1647 (lax: -1606).