The procedure of recognition of a foreign certificate
1. Performing specialized operations (SPO) and high-risk specialized operations (SPO HR) by foreign operators on the territory of Poland:
In the case of EU member states in which the Commission Regulation (EU) No. 965/2012 of 5 October 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 (OJ L 296, 25.10.2012, p.1 as amended), hereinafter called “the Commission Regulation (EU) no 965/2012”, (regarding SPO) is applied: EU operator performing specialised operations (other than cross-border high risk commercial specialised operations), after reporting his activities in his own country (ORO.DEC.100 and ORO.SPO.110) can perform aerial work also on Polish territory.
In the case of cross-border high risk commercial specialised operations, prior communication between the Civil Aviation Authority of the Republic of Poland and the Operator's Aviation Authority / place of operations is necessary in accordance with the requirements (ARO.OPS.150 (f)) of Commission Regulation No. 965/2012). 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.
Regardless of the above, operators performing SPO or HR SPO operations on the territory of Poland, in accordance with article 163e of the Act of 03rd July 2002 – Aviation Law (consolidated text O.J.2020.1970 with amendments), hereinafter called “the Aviation Law”, is obligated to notify the President of Polish CAA of his intention to perform operations. Notification can be made on the e-mail address and should include:
- the name of the operator;
- aircraft data;
- type of operations planned to be performed;
- planned date of the operation;
- area of operation;
- copy of SPO HR authorisation or SPO declaration.
Operators intending to engage in commercial operations with an aircraft of a special category referred to in article 53a (1) of the Aviation Law, and the aircraft referred to in article 53a (2) point 2 of the Aviation Law should follow the information provided at the link: http://www.ulc.gov.pl/pl/operacje-lotnicze/operacje-specjalistyczne (only Polish version available).
2. A recognition of a foreign Air Operator Certificate (AOC):
The procedure of recognition of a foreign certificate or equivalent document issued by the responsible authority of another State (hereinafter referred to as foreign certificate) in accordance with the Regulation of the Minister of Infrastructure of 30 September 2020 on the certification of civil aviation activities (OJ.2020.1697) shall be initiated upon a written request of the operator, application form:
Foreign Certificate shall be recognized in whole with all entered rights, licenses and restrictions.
3. Submission of application:
- in the case of paper documents – at the CAA of Poland address i.e. Urząd Lotnictwa Cywilnego, ul. Marcina Flisa 2, 02-247 Warszawa, Polska; or
- in the case of electronically signed documents – by ePUAP platform to mailbox address /ULCPR/SkrytkaESP.
4. Flight fee:
In accordance with the Notice of the Minister of Infrastructure of February 14, 2024 on the announcement of the rated of flight fee applicable in 2024 (OJ.2024.117):
- flight fee for recognition of Air Operator Certificate (AOC) issued by the authority of a foreign country or by a competent specialized entity, other than EU Member States or European Free Trade Association (EFTA) Member States, is 6 150 PLN (table 3, part III, point 2);
- flight fee for recognition of Air Operator Certificate (AOC) of UE or EFTA operator (issued on the basis of national regulations) depends on the number of employees in the company of the applicant and where the company employs:
- up to 10 peoples in a minimum 35 hours weekly working time per one employee the charge is 774 PLN,
- from 10 to 100 people in a minimum 35 hours weekly working time per one employee the charge is 2 310 PLN,
- more than 100 peoples in a minimum 35 hours weekly working time per one employee the charge is 6 920 PLN
(table 1, part III, subpart 3.7, point 1).
Flight fees shall be paid in accordance with data from this link
5. Proxy:
When the applicant acts by a proxy (representation other than the National Court Register), the original or officially certified copy of the power of attorney to act or to receive documents must be submitted to each case documentation.
The power of attorney to act is a subject to a stamp charge of 17 PLN (Article 1(1) point 2 of the Act of November 16, 2006 on stamp charge (O.J.2023.2111, with amendments) and part IV of the Annex to this Act.