ORO.GEN.310 Use of aircraft listed on an AOC for non-commercial operations and specialised operations

(a)     Aircraft listed on an operator's AOC may remain on the AOC if it is operated in any of the following situations:

(1)     by the AOC holder itself, for specialised operations in accordance with Annex VIII (Part-SPO);

(2)     by other operators, for non-commercial operations with motor-powered aircraft or for specialised operations performed in accordance with Annex VI (Part-NCC), Annex VII (Part-NCO) or Annex VIII (Part-SPO), provided that the aircraft is used for a continuous period not exceeding 30 days.

(b)     When the aircraft is used in accordance with point (a)(2), the AOC holder providing the aircraft and the operator using the aircraft shall establish a procedure:

(1)     clearly identifying which operator is responsible for the operational control of each flight and to describe how the operational control is transferred between them;

(2)     describing the handover procedure of the aircraft upon its return to the AOC holder.

That procedure shall be included in the operations manual of each operator or in a contract between the AOC holder and the operator using the aircraft in accordance with point (a)(2). The AOC holder shall establish a template of such contract. Point ORO.GEN.220 shall apply to the record-keeping of those contracts.

The AOC holder and the operator using the aircraft in accordance with point (a)(2) shall ensure that the procedure is communicated to the relevant personnel.

(c)      The AOC holder shall submit to the competent authority the procedure referred to in point (b) for prior approval. The AOC holder shall agree with the competent authority on the means and on the frequency of providing it with information about transfers of operational control in accordance with point ORO.GEN.130(c).

(d)     The continuing airworthiness of the aircraft used in accordance with point (a) shall be managed by the organisation responsible for the continuing airworthiness of the aircraft included in the AOC, in accordance with Regulation (EU) No 1321/2014.

(e)     The AOC holder providing the aircraft in accordance with point (a) shall:

(1)     indicate in its operations manual the registration marks of the provided aircraft and the type of operations conducted with those aircraft;

(2)     remain informed at all times and keep record of each operator that holds the operational control of the aircraft at any given moment until the aircraft is returned to the AOC holder;

(3)     ensure that its hazard identification, risk assessment and mitigation measures address all the operations conducted with those aircraft.

(f)      For operations under Annex VI (Part-NCC) and Annex VIII (Part-SPO), the operator using the aircraft in accordance with point (a) shall ensure all of the following:

(1)     that every flight conducted under its operational control is recorded in the aircraft technical log system;

(2)     that no changes to the aircraft systems or configuration are made;

(3)     that any defect or technical malfunction occurring while the aircraft is under its operational control is reported to the organisation referred to in point (d);

(4)     that the AOC holder receives a copy of any occurrence report related to the flights performed with the aircraft, completed in accordance with Regulation (EU) No 376/2014 and Commission Implementing Regulation (EU) 2015/1018[56].