1. Lease agreement between operators conducting specialised operations or high risk specialised operations:
The legal basis for the approval of the wet lease agreement of an aircraft from a third country operator or dry lease in of an aircraft registered in third country, in the case of specialised operations and high risk specialised operations, are ARO.OPS.155 and ORO.SPO.155 of 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 2012.296.1), hereinafter called “the Commission Regulation (EU) no 965/2012”, and article 41 of the Act of 3rd July 2002 – Aviation Law (consolidated text O.J.2018.2096 with amendments), hereinafter called “the Aviation Law”.
Polish operator conducting specialized operations and high risk specialised operations is obligated to obtain prior approval of the lease agreement from the CAA President in the following situations:
• each lease in of an aircraft with a crew from the operator of a third country;
• each lease in of an aircraft without a crew registered in a third country.
Lease agreement between EU operators of the aircraft registered in EU Member States are not the subjects of a prior approval.
2. Lease agreements between operators conducting passenger or cargo transportation:
The legal basis for the approval of the lease agreement of an aircraft from or to EU and non EU operator, in the case of passenger and cargo transportation, are ORO.AOC.110 and ARO.OPS.110 of the Commission Regulation (EU) No 965/2012 and article 41 of the Aviation Law.
Polish operator conducting transport of the passengers or cargo is obligated to obtain prior approval of the lease agreement from the CAA President in the following situation:
• each lease in (regardless of the form) of an aircraft belonging to other air carrier (wet lease in, dry lease in).
• lease out of an aircraft without a crew to other air carrier (dry lease-out).
Polish operator leased out one of his aircraft with a crew to another air carrier (wet lease out) is obligated to prior notification to CAA President of this fact. Polish air carrier is the operator of the aircraft and all the operations must comply with his AOC.
In order to standardize rules for evaluating the approval of the lease agreements following forms have been worked out:
• form no ULC-LEASE-01 – for approval of lease of an aircraft from / to air carrier operator;
• form no ULC-LEASE-02 – for approval of lease of an aircraft from operator conducting specialised operations or high risk specialised operations;
• form no AN-lease-01 – for a comparative analysis of regulations for approval of lease of an aircraft from third country air carrier operator;
• form no AN-lease-02 – for a comparative analysis of regulations for approval of lease of an aircraft from operator conducting specialised operations or high risk specialised operations.
To enable CAA President of earnestly evaluation of a lessor and an aircraft covered by the agreement, Polish operator shall apply with above mentioned applications forms (in accordance with the exercised activities) and attachments listed in information parts of the above forms.
Documents should be sent on:
• CAA of Poland address i.e. Urząd Lotnictwa Cywilnego, ul. Marcina Flisa 2, 02-247 Warszawa, Polska; or
• register Your company on the website: https://epuap.gov.pl/wps/portal;
• have qualified electronic signature, in accordance with the Act of implementation of IT solutions of February 2, 2005.
Sending massages that do not contain an electronic signature, and without previous registration on the above mentioned website, are rejected by the system, and therefore are not considered.
4. Flight fee:
Flight fee for approval of the lease agreement shall be determined on the basis of annex 6 to the Aviation Law and charge is 1 000 PLN (table 1, part III, subpart 3.14, point 6).
Flight fee for the approval of the agreement on the temporary release of the aircraft for use based on article 83 bis of the Convention on International Civil Aviation, signed in Chicago on December 07th, 1944 (O.J. 1959.212, with amendments) and transfer of supervision from or to the CAA of another country, is 2 170 PLN (the Notice of the Minister of Infrastructure of February 11, 2019 the rates of flight fee (OJ.2019.177), table 1, part III, subpart 3.13, point 6).
Flight fees can be paid in accordance with data from the link: http://ulc.gov.pl/pl/oplaty-lotnicze-i-skarbowe.
5. The lack of the required permission:
Pursuant to article 209ug of the Aviation Law the operator using an aircraft under the leasing agreement, without its prior approval, shall be subject to the penalty in amount of 10 000 PLN.
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 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.2018.1044, with amendments) and part IV of the Annex to this Act).