A. Specialized operations conducted starting 21.04.2017 in accordance with Reg (EU) no. 965/2012 with aircraft that hold an EASA type certificate
1. On 24.04.2014 was published COMMISSION REGULATION (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council which introduces provisions for specialized operations (aerial work) aircraft that have EASA type certificate, taking into account the specific aspects of such operations and the related risk. This regulation will be applicable in Romania starting 21/04/2017.2. “Specialised operation” means any operation other than commercial air transport where the aircraft is used for specialised activities such as agriculture, construction, photography, surveying, observation and patrol, aerial advertisement.or any other operations as defined by SPO.GEN.005, AMC1 SPO.GEN.005 or GM1 SPO.GEN.005.
3. Commercial specialized operations with complex motor-powered aircraft and other than complex motor will be conducted in accordance with the provisions of Annex III Part-ORO, Annex V Part-SPA (if applicable) and Annex VIII Part-SPO. The operators that are carrying out these operations, must adapt their management system, manual operations / procedures and must declare their activity to the competent authority.
A commercial specialised operator shall apply for and obtain an authorisation issued by the competent authority of the operator prior to commencing a high risk commercial specialised operation:
(a) that is carried out over an area where the safety of third parties on the ground is likely to
be endangered in the event of an emergency, or
(b) are one of the following operations:
Upon receiving an application for the issue of an authorisation for a cross-border high risk commercial specialised operation, the competent authority of the operator shall review the operator’s risk assessment documentation and standard operating procedures (SOP) in coordination with the competent authority of the place where the operation is planned to be conducted. When both authorities are satisfied with the risk assessment and SOP, the competent authority of the operator shall issue the authorisation.
4. Non-commercial specialised operations with complex motor-powered aircraft will be conducted in accordance with the provisions of Annex III Part-ORO Annex V Part-SPA (if applicable) and Annex VIII Part-SPO and the operators engaged in this type of operations will adapt their management system and procedures and will declare their activity to Ro CAA.
5. Non-commercial specialised operations with other than complex motor-powered aircraft , shall be conducted in accordance with the provisions of Annex V Part-SPA (if applicable) and Annex VII PART-NCO.
6. In order to ensure an efficient transition from RACR OPS LAAG to Regulation (EU) no. 965/2012, for specialized operations with aircraft holding an "EASA type certificate", operators must transmit, until 15.03.2017, the declaration, the operating procedures (operations manual) and risk assessment, depending on types of operations that intend to conduct, in accordance with applicable Annexes of Regulation (EU) no. 965/2012. Starting 21/04/2017, the date of application of Regulation (EU) no. 965/2012, authorizations issued under the Air Operator OPS RACR LAAG to aircraft hold "EASA type certificate" shall be modified accordingly.
B. Aerial work operations with "Annex II" aircraft
The authorization process of an air operator is described in the Romanian Civil Aeronautical Regulation/Aerial Work and General Aeronautical Operations, issue 01/2009 published in Official Journal of Romania, Part I, no. 204/31.03.2009.
The Air Operator Authorisation (AOA) is the document that authorises an operator to perform safe aerial work operations.
The issuance of the AOA
General rules for authorization
The requirements to be fulfilled for an applicant - legal person, in order to perform civil aerial work operations with airplanes and/or helicopters, others than the ultralights aircraft are provided in the Romanian Civil Aeronautical Regulation/Aerial Work and General Aeronautical Operations, part III.
General rules for Authorisation
The applicant for an AOA must fulfill the following conditions
(a) be a legal person;
(b) to hold (owned or dry lease in) at least one aircraft that will be included in AOA and not to be included in another approval/certification document issued by the Romanian Civil Aeronautical Authority or by the aeronautical authority of another state;
(c) An air operator may operate under its own AOA also aircraft registered in the register of aircraft of another EU member state, under the following conditions:
(1) Aircraft must be owned or dry leased in, according a dry lease agreement (contract);
(2) Between the Romanian Civil Aeronautical Authority and the aeronautical authority of the state of registry appropriate arrangements shall be made to ensure appropriate safety oversight;
(d) in order to obtain an AOA, the applicant must :
1. has its organizations and management suitable and properly matched to the scale and scope of the intended operations to be performed according to the applicable regulations;
2. have nominated an accountable manager accepted by the Romanian Civil Aeronautical Authority who has corporate authority for ensuring that all operations and maintenance activities can be financed and carried out to the standard required by the RCAA;
3. to ensure that all flights are conducted in accordance with the provisions of the Operations Manual approved by the Romanian Civil Aeronautical Authority;
4. the operator must ensure that its aircraft are equipped and its crews are qualified as required for the area and type of operations;
5. the operator must comply with the requirements relating to the maintenance system applicable for the approved operating limits and conditions;
6. to submit to the CAA a copy of the Operations Manual and all its amendments;
7. to maintain operational support facilities at the main operating base, appropriate for the area and type of operations;
8. to ensure sufficient financial resources in order to perform safe air operations;
9. to prove that he is able to conduct safety operations;
10. the operator must prove the ability to develop its intended operations in flight safety conditions as stated in its Operation Manual.
If the operations are carried out by foreign air operators in Romania:
(a) EU aircraft operators will obtain an AOA, in order to conduct aerial work operations on the Romanian territory, in compliance with the requirements of RACR-OPS LAAG / "Aerial Work and General Aviations Operations", if they have an operating base in Romania and an agreement between RCAA and the aeronautical authority of the state of registry for appropriate arrangements that will be made to ensure appropriate safety oversight;
(b) EU air operators which do not intend to obtain an AOA as well as the operators from not EU Member States can perform aerial work operations on the Romanian territory only according a Letter of Approval issued in accordance with RACR-OPS / LAAG "Aerial Work and General Aviations Operations".
Necessary documents for issuing/variation /renewal of an AOA
In order to obtain an AOA, an operator – legal person, must send to the RCAA a formal application, clearly specifying all the required information, that will be accompanied at least by the following documentation:
(1) constitutive documents at the last amendement;
(2) the documentation for aircraft operation:
a. the operation manual and/or the amendament, as appropriate;
b. copies of the aircraft ownership/leasing contracts;
c. copies of the contracts and conventions concluded between the applicant and the air navigation services provider;
d. a copy of the Third Party Liability Insurance Certificate(s) and, if in case, the Insurance Certificate(s) for persons on board, other than the crew for each aircraft;
e. copies of aircraft document (Certificate of Registration, Certificate of Airworthiness, or equivalent, Aircraft Radio Licence, Noise Certificate (if applicable) etc.;
f. coordinating procedures between the applicant and the air navigation services provider;
(3) documentation concerning the aircraft maintenance procedures.
(4) authorization, if the applicant is represented by another person;
(5) proof of payment to the Romanian CAA for the evaluation activities;
The variation of AOA can be made at the request of the operator and/or following the RCAA decision. The variation consists in the extentions or limitations of operations conditions, type of operations included in the Operations Specifications of the AOA. The variations can consist in the inclusion or exclusion from the Operations Specifications of the AOA.
Renewal of an AOA
The renewal application in original will be mandatory accompanied by the following documents:
-The documents for the initial authorisation (contracts, insurance policies, conventions, etc.) which have expired during the period of validity of the AOA.
Details of issuance/variation/renewal of the AOA are included in Sections 2 of Flight Operations Procedures Manual.
(1) The formal application and the required documentation for an initial issue of an AOA must be submitted at the Romanian CAA at least 90 days before the date of intended operation except that the Operations Manual may be submitted later but not less than 60 days before the date of intended operation;
(2) The formal application for the variation of an AOA must be submitted at least 30 days, or as otherwise agreed, before the date of intended operation;
(3) The application for the renewal of an AOA must be submitted at least 30 days, or as otherwise agreed, before the end of the existing period of validity;
(4) Other than in exceptional circumstances, the Authority must be given at least 10 days prior notice of a proposed change of a nominated post holder.
In accordance with the provisions of the applicable aeronautical regulations, the period starts when all the documentation needed for the issuing/ variation/ renewal of the AOA is presented.
Legal request regarding leasing of aircraft(RACR-OPS 4.165).
Flight operations performed by foreign Air operators on the Romanian territory(RACR-OPS 4.177).