ARO.OPS.110 Lease agreements for aeroplanes and helicopters

• Regulation (EU) 2019/1384 found in: Air Operations (965/2012) Part-ARO Part-ORO Part-CAT Part-SPA Part-NCC Part-NCO Part-SPO (Sep 2023)

ARO.OPS.110 Lease agreements for aeroplanes and helicopters Regulation (EU) 2019/1384 (a) The competent authority shall approve a lease agreement when satisfied that the operator certified in accordance with Annex III (Part-ORO) complies with: (1) [ORO.AOC.110(d)](#_DxCrossRefBm318085105), for dry leased-in third country aircraft; (2) [ORO.AOC.110(c)](#_DxCrossRefBm318085105), for wet lease-in of an aircraft from a third country operator; (3) [ORO.AOC.110(e)](#_DxCrossRefBm318085105), for dry lease-out of an aircraft to any operator, except for the cases specified in point ORO.GEN.310 of Annex III; (4) relevant requirements of continuing airworthiness and air operations, for dry lease-in of an aircraft registered in the EU and wet lease-in of an aircraft from an EU operator. (b) The approval of a wet lease-in agreement shall be suspended or revoked whenever: (1) the AOC of the lessor or lessee is suspended or revoked; (2) the lessor is subject to an operating ban pursuant to Regulation (EC) No 2111/2005[[46]](#_ftn46) of the European Parliament and of the Council[[47]](#_ftn47); (3) the authorisation issued in accordance with Commission Regulation (EU) No 452/2014[[48]](#_ftn48) has been suspended, revoked or surrendered. (c) The approval of a dry lease-in agreement shall be suspended or revoked whenever: (1) the certificate of airworthiness of the aircraft is suspended or revoked; (2) the aircraft is included in the list of operators subject to operational restrictions or it is registered in a State of which all operators under its oversight are subject to an operating ban pursuant to Regulation (EC) No 2111/2005. (d) When asked for the prior approval of a dry-lease out agreement in accordance with [ORO.AOC.110(e)](#_DxCrossRefBm318085105), the competent authority shall ensure: (1) proper coordination with the competent authority responsible for the continuing oversight of the aircraft, in accordance with Commission Regulation (EU) No 1321/2014[[49]](#_ftn49), or for the operation of the aircraft, if it is not the same authority; (2) that the aircraft is timely removed from the operator’s AOC except for the cases specified in point [ORO.GEN.310](#_DxCrossRefBm318085241) of Annex III. (e) When asked for prior approval of a dry lease-in agreement in accordance with point [ORO.AOC.110(d)](#_DxCrossRefBm318085105), the competent authority shall ensure proper coordination with the State of Registry of the aircraft as necessary to exercise the oversight responsibilities of the aircraft. --- [[46]](#_ftnref46) Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2005, p. 15). [[47]](#_ftnref47) OJ L 344, 27.12.2005, p. 15. [[48]](#_ftnref48) Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 133, 6.5.2014, p. 12). [[49]](#_ftnref49) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1). ARO.OPS.110 Lease agreements for aeroplanes and helicopters Regulation (EU) 2019/1384 (a) The competent authority shall approve a lease agreement when satisfied that the operator certified in accordance with Annex III (Part-ORO) complies with: (1) [ORO.AOC.110(d)](#_DxCrossRefBm927677467), for dry leased-in third country aircraft; (2) [ORO.AOC.110(c)](#_DxCrossRefBm927677467), for wet lease-in of an aircraft from a third country operator; (3) [ORO.AOC.110(e)](#_DxCrossRefBm927677467), for dry lease-out of an aircraft to any operator, except for the cases specified in point ORO.GEN.310 of Annex III; (4) relevant requirements of continuing airworthiness and air operations, for dry lease-in of an aircraft registered in the EU and wet lease-in of an aircraft from an EU operator. (b) The approval of a wet lease-in agreement shall be suspended or revoked whenever: (1) the AOC of the lessor or lessee is suspended or revoked; (2) the lessor is subject to an operating ban pursuant to Regulation (EC) No 2111/2005[[46]](#_ftn46) of the European Parliament and of the Council[[47]](#_ftn47); (3) the authorisation issued in accordance with Commission Regulation (EU) No 452/2014[[48]](#_ftn48) has been suspended, revoked or surrendered. (c) The approval of a dry lease-in agreement shall be suspended or revoked whenever: (1) the certificate of airworthiness of the aircraft is suspended or revoked; (2) the aircraft is included in the list of operators subject to operational restrictions or it is registered in a State of which all operators under its oversight are subject to an operating ban pursuant to Regulation (EC) No 2111/2005. (d) When asked for the prior approval of a dry-lease out agreement in accordance with [ORO.AOC.110(e)](#_DxCrossRefBm927677467), the competent authority shall ensure: (1) proper coordination with the competent authority responsible for the continuing oversight of the aircraft, in accordance with Commission Regulation (EU) No 1321/2014[[49]](#_ftn49), or for the operation of the aircraft, if it is not the same authority; (2) that the aircraft is timely removed from the operator’s AOC except for the cases specified in point [ORO.GEN.310](#_DxCrossRefBm927677605) of Annex III. (e) When asked for prior approval of a dry lease-in agreement in accordance with point [ORO.AOC.110(d)](#_DxCrossRefBm927677467), the competent authority shall ensure proper coordination with the State of Registry of the aircraft as necessary to exercise the oversight responsibilities of the aircraft. --- [[46]](#_ftnref46) Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2005, p. 15). [[47]](#_ftnref47) OJ L 344, 27.12.2005, p. 15. [[48]](#_ftnref48) Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 133, 6.5.2014, p. 12). [[49]](#_ftnref49) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1). #### ARO.OPS.110 Lease agreements for aeroplanes and helicopters *Regulation (EU) 2019/1384* (a) The competent authority shall approve a lease agreement when satisfied that the operator certified in accordance with Annex III (Part-ORO) complies with: (1) [ORO.AOC.110(d)](#_DxCrossRefBm523086973), for dry leased-in third country aircraft; (2) [ORO.AOC.110(c)](#_DxCrossRefBm523086973), for wet lease-in of an aircraft from a third country operator; (3) [ORO.AOC.110(e)](#_DxCrossRefBm523086973), for dry lease-out of an aircraft to any operator, except for the cases specified in point ORO.GEN.310 of Annex III; (4) relevant requirements of continuing airworthiness and air operations, for dry lease-in of an aircraft registered in the EU and wet lease-in of an aircraft from an EU operator. (b) The approval of a wet lease-in agreement shall be suspended or revoked whenever: (1) the AOC of the lessor or lessee is suspended or revoked; (2) the lessor is subject to an operating ban pursuant to Regulation (EC) No 2111/2005[[48]](#_ftn48) of the European Parliament and of the Council[[49]](#_ftn49); (3) the authorisation issued in accordance with Commission Regulation (EU) No 452/2014[[50]](#_ftn50) has been suspended, revoked or surrendered. (c) The approval of a dry lease-in agreement shall be suspended or revoked whenever: (1) the certificate of airworthiness of the aircraft is suspended or revoked; (2) the aircraft is included in the list of operators subject to operational restrictions or it is registered in a State of which all operators under its oversight are subject to an operating ban pursuant to Regulation (EC) No 2111/2005. (d) When asked for the prior approval of a dry-lease out agreement in accordance with [ORO.AOC.110(e)](#_DxCrossRefBm523086973), the competent authority shall ensure: (1) proper coordination with the competent authority responsible for the continuing oversight of the aircraft, in accordance with Commission Regulation (EU) No 1321/2014[[51]](#_ftn51), or for the operation of the aircraft, if it is not the same authority; (2) that the aircraft is timely removed from the operator’s AOC except for the cases specified in point [ORO.GEN.310](#_DxCrossRefBm523087114) of Annex III. (e) When asked for prior approval of a dry lease-in agreement in accordance with point [ORO.AOC.110(d)](#_DxCrossRefBm523086973), the competent authority shall ensure proper coordination with the State of Registry of the aircraft as necessary to exercise the oversight responsibilities of the aircraft. --- [[48]](#_ftnref48) Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2005, p. 15). [[49]](#_ftnref49) OJ L 344, 27.12.2005, p. 15. [[50]](#_ftnref50) Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 133, 6.5.2014, p. 12). [[51]](#_ftnref51) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).