5789
Schweizerische Eidgenossenschaft
Conftld~ration suisse
Confederazione Svizzera
Confederaziun svizra
Eldgenasallchn llepllllement lllr
UmwaH, Vorl<ohr, El18flllo und Kommunlkation lNEK
llundnomt Ill< Zlvlllullfohrt BAZL
5BHE
Dfrektlon
AKTEN-KOPIE
2 7. DEZ. 2011
Visum:
CH-3003 Rem ee.n
Eingaqg He!ikopter
Ente Nazionale per I'Aviazione Civile
Direzione Manutenzione e Produzione
Via di Villa Ricotti, 42
00.161 Rome.
fax +39 0644185731
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Re111ronz/Aktenzeldlen: 54-08 Agreement 83bis HB-ZJY
Sachbearbeiterlln: Vlttorto del Vecchto
Tel. +41 31 325 91 09, Fax +41 31 325 93 24, Yfttorio.delvecchloQba.l.admln.ch
lttlgen, 21.December 2011
Transfer of Oversight Responsibilities pursuant to Art 83bis of the Chicago Convention and the applicable European Community Regulations· Extension until31.12.2012
'''\llllilllllivJI~t"~mrll
A109A helicopter (sin 7227) registered t~~!'i!illto be operated by AIR WALSER Sri
(AOC n• I-043H) in Commercial Air Transportation under a dry lease contract
Dear Sirs,
..
With reference to our letter dated 23.12.2009 concerning oversight transfer of HB-ZJY we
have been informed by Karen SA (owner of the aircraft) and by Air Walser Sri as the current
operator of the subject helicopter, that the dry-lease-period Is going to be extended by one
more year, until 31.12.2012 (see annexed "appendice 2 al contratto di locazione del elicottero del 07 settembre 2009 e successive estensione de114 dicembre 2010" between Karen
SA and Air Walser Sri dated 14.12.2011).
Since, in this case, we see ourselves unable to fulfil the oversight responsibilities of the State
of Registry, we kindly request your Authority to accept, according the provisions of article
83bis of the Chicago Convention as well as the applicable Community Regulations, the
transfer of the operations, personnel and continuing airworthiness surveillance functions and
responsibilities as identified in the enclosed appendix 1 during the lease period.
This Agreement will be valid from the date of your acceptance. lt will take effect and pertain
affective during the above mentioned lease period under the condition that the aircraft is being operated by Air Walser Sri. under their relevant AOC/CAMO granted by ENAC.
During the aforementioned lease period all oversight and surveillance responsibilities of the
State of Registry shall be discharged and accomplished by ENAC in accordance with the
Bundnomt fUr Zlvlllullfohrt
POIIadr8no: CH4G03 Bern
www.bazJ.admln.ch
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Reforenz/Aldonzaichon: 84-08 Agreement 83blo HB-ZJY
terms and conditions laid down In the appendix 1 which reflects the guidelines provided by
ICAO in the Circular 295 dated Feb. 2003.
This agreement will enter into force as soon as you have accepted it in writing. The transfer
of responsibilities will, however, only be effective during the aforementioned lease period.
A copy of thla letter aa well aa a copy of your letter of acceptance and appendix 1
must be carried on board of the helicopter at all times 1t la operated according the
provisions of thla agreement under the AOC of Air Walaer Srt.
Furthermore, Air Walser Sri. is requested to provide FOCA, Helicopter Operations Section,
with correct references (responsible persons, address, telephone and fax numbers, etc.) of
the operator's department which is in charge of continuing airworthiness, In particular management of mandatory continuing airworthiness action (e.g. Airworthiness Directives), and
operational matters in order to allow timely delivery of any communication from FOCA. The
Information must be held updated by Air Walaer Sri. at all times during the validity of
thla agreement. Any failure by the lessee to comply with the above obligations shall relieve
FOCA from responsibility of untimely delivery of any relevant and applicable information.
We look forward to hearing from you soon. We always appreciate your friendly co-operation.
Yours Sincerely
Federal Office of Civil Aviation
Cl.~
Christian Hegner, Vice-director
Safety Division Aircraft
Copy to :
Roland Steiner, Vice-director
Safety Division Operations
- Karen SA, Aeroporto di Locamo, CH-6596-Gordola
- ·Air Walser Sri, Via Leonardo da Vinci 14, 1-26659 Trontano (VB)
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Referanz/Aktonzelchen: 54-06 Agreement 83blo HB-ZJY
Maintenance
4. The continuing airworthiness of the aircraft while being operated by the Italian lessee
under the appropriate operational approval granted by ENAC will be managed and ensured by the Italian lessee itself holding a Part M subpart G - approval (CAMO) granted
byENAC.
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5. Aircraft shall be maintained In accordance with the Aircraft Maintenance Programme
(AMP) approved by ENAC to the lessee for the subject aircraft in accordance with relevant requirements of Annex I (Part M) of EC Regulation 2042/2003, as revised. Operational equipments will be maintained in accordance with the Authority of the State of the
operator maintenance specifications taking into account equipment manufacturer maintenance recommendation. In default of any maintenance specifications of the Authority of
the State of the operator or the manufacturer, the requirements of the State of registry
Authority will apply. Due consideration will be spent by ENAC to validate, whether feasible and applicable, aircraft maintenance approved by FOCA to former aircraft operator in
order to facilitate the lease back of aircraft at the end of lease period. Surveillance of the
aircraft maintenance programme will be performed by ENAC in accordance with its national procedu~s and in compliance with P.•rt M provisions; any variation,. if reque~ed,.to .... ".~ ..
the approved mainienaiice program (e.g: short term interval extensions, escalatioris;'etcY'"·
will be approved by ENAC in accordance with requirements, guidelines and Interpretative
materials for the management of maintenance programs which shall not be less restrictive than part M provisions.
6. Repairs and modifications to be performed on the aircraft shall be approved in accordance with relevant provisions of Annex (Part 21) to the Regulation (EC) 1702/2003, as
revised, and relevant implementation procedures, before their embodiment. The express
permission of the aircraft registered owner and of the lessor is required prior to the incorporation of any modification in order to ensure compliance with all applicable requirements and facilitating the lease back of aircraft at the end of lease period.
7. All the maintenance inspections, repairs and modifications to be performed on the aircraft
have to be carried out and released to service by a Part 145 appropriately approved
Maintenance Organisation.
8. The lessee shall be responsible of maintenance records keeping during the leasing period in accordance with applicable Part M requirements and lessee's natiQnai procedure.
Aircraft and engine logbooks issued by FOCA for the aircraft shall be kept updated by the
lessee in accordance with relevant Part M and Swiss provisions (ordinance for continuing
airworthinessi"Verordnung Ober die LufttOchtigkeit von Luftfahrzeugen; VLL, SR
748.215.1"); alternative system may be adopted by the lessee once approved by ENAC
and agreed by FOCA. All the maintenance records as described in the applicable Part M
requirements shall be transferred to the lessor/owner when the aircraft will be leased
back.
9. Leasing contract, Operations, continuing airworthiness management exposition and Organisation Manuals system approved to the lessee by ENAC must reflect all stated conditions in this Appendix 1 as applicable.
Certificate of Airworthiness
10. The continued validity of the Aircraft Certificate of Airworthiness (CofA) shall be ensured
in accordance with EU regulation 2042/2003 Part M requirements.
Relerenz/Aktenzek:han: 54-0fll\gleement 83bla H8-ZJY
APPENDIX 1
Transferred responsibilities and oversight/control functions:
1. ICAO Annex 6 part Ill
2. ICAO Annex 8 part 11 chapters 3, 4 (all responsibilities which are normally incumbent
on the State of Registry and those portions which provide for aircraft operator and
operator's Authority responsibilities in relation to the intended operations)
3. ICAO Annex 1 Personnel Licensing - issuance and validation of licences
4. ICAO Annex 2 Rules of the Air- enforcement of compliance with applicable rules and
regulations relating to the flight and manoeuvre of aircraft.
Working arrangements.
General
1. The European Union (EU) and JAA set of requirements, directly or indirectly called for in
this agreement is to be intended at the latest amendment/change respectively issued by
EU or adopted by ENAC in accordance with the pertinent effectiveness and implementation schedule as defined respectively by EU or by ENAC (for JAA regulations). In the
case ENAC would grant exemptions under provisions of art 14.4 of Regulation (EC) No
216/2008 of the European Parliament and of the Council of 20 February 2008 these exemptions shall be notified to FOCA as soon as possible unless otherwise explicitly established elsewhere in this agreement.
Approved type design
2. The aircraft, and any product or part thereof, must comply with relevant EASA approved
type design (refer to provisions of art. 2 of EU Regulation 1702/2003 dated 24 September
2003). ENAC will be responsible for supervising compliance with this requirement after
aircraft delivery to the lessee all the time the aircraft is being operated by the national operator under Swiss registration marl<s.
Mandatory Continuing Alrworthinns Information (MCAI)
3. As applicable according to EU regulations, the aircraft must be in compliance with all the
Mandatory Continuing Airworthiness Information (such as AD's, Emergency Conformity
Information (ECI), etc) applicable to that aircraft, and to any part thereof, mandated as
applicable either by the relevant State of Design Authorities (refer to Decision No. 2/2003
Of The Executive Director Of The Agency dated 14 October 2003) or by EASA. The aircraft may be also requested to comply with MCAI's applicable to the subject aircraft
model, products or parts thereof, issued by FOCA or by ENAC under the provisions of
art. 14 of Regulation (EC) No 216/2008 of the European Parliament and of the Council of
20 February 2008 when an equivalent airworthiness action has not been made mandatory by State of Design Authorities or more restrictive terms of compliance are mandated
by FOCA/ENAC. To this late regard, a coordination between FOCA and ENAC will be
ensured and design or maintenance program implications deriving from the above mentioned mandatory airworthiness actions will be treated in accordance with terms and conditions of appropriate paragraphs of the following section Maintenance. The Italian operator must hold and keep up-to-date a complete set of the above applicable mentioned
MCAI's. Regarding to FOCA MCAI's, they are available in the FOCA website;
http:/lwww.bazl.admin.ch/fachleutellufttechniklentwicklung/00656/index.html?lang=en
and therefore the Italian Operator (lessee) is requested to regularly look at that site to absolve their continuing airworthiness responsibilities in respect of this aspect. The Italian
Operator is also requested to regularly look at EASA and other relevant State of Design
Authority web sites to absolve their continuing airworthiness responsibilities in respect of
aircraft and its components. Any derogation to MCAI's requirements must be approved in
accordance with EU regulations.
Referenz/AI<tonzelchen: 154-08 Agreement 83blo HB-ZJY
Aircraft Inspection and findings
11. In case of survey of the aircraft carried out by FOCA (in order to comply with EU regulation 204212003 Part M.B.303) or by ENAC (in order to comply with EU regulation
204212003 Part M.B.704), they will inform each other of any finding that might affect the
other Authority.
Operations
12. The aircraft shall be operated in accordance with EASA approved Aircraft Flight Manual,
or deemed as EASA approved under (EC) 170212003 regulation, and, if any, ENAC approved MEL that has to be not less restrictive than the relevant EASA approved/accepted
MMEL, or deemed as EASA approved/accepted. If this does not exist, the use of an alternative MMEL (e.g. MMEL produced by the Type Certificate Holder and approved by
the Authority of the State of Design, MMEL produced or approved by another EU Member State Authority or by FAA) is subject to agreement with operator's Authority; any deviation to the approved MEL shall be approved by ENAC in accordance with the pertinent
procedures approved to the Italian operator.
13. The aircraft shall be equipped in accordance with relevant applicable Italian operational
requirements for the Intended type of operations. Consequently EASA approved AFM
may be requested to be integrated with accordingly with ENAC required and EASA approved supplements. If major changes to aircraft type design would be necessary for
such configuration. they will be treated in accordance with the provisions described under
the relevant section of this agreement.
14. Operation of the aircraft being conducted under the lessee's AOC/license will be carried
out in accordance with applicable Italian rules and regulations (Appendix Ill to Regulation
392211992 (EU OPS 1) and EU Regulation 1008/2008); surveillance will be accomplished
by ENAC in accordance with the current national procedures.
15. Permit to Fly in respect of the Swiss registered aircraft, where the aircraft is temporarily
not in airworthy condition, shall be issued by FOCA (or by other entities entitled under
applicable EU Commission Regulations) upon appropriate application (21A. 703 and
21A707) in accordance with Commission Regulation (EC) 170212003 as emended by
Commission Regulation (EC) n. 375/2007 dated 30111 March 2007 and taking into account
ED Decision 2007/006/R dated 04 April 2007 and Commission Regulation (EC) 376/2007
dated 30111 March 2007. Permit to Fly may prescribe particular limiting conditions to permit
the aircraft to be flown without fare-paying passengers to an approved maintenance facility at which it will be restored to an airworthy condition (refer to Commission Regulation
(EC) n. 375/2007 dated 30111 March 2007, 376/2007 dated 30111 March 2007 and ED Decision 2007/006/R dated 04 Apri12007).
In-service occurrences or incidents
16. Information, written in the English language, on significant in-service occurrences that
affect or could affect continuing airworthiness of the aircraft shall be provided by the lessee to the organisations responsible for the type design, FOCA, ENAC and State of Design Authorities as soon as possible (in particular with quickest means available in case
of any accident or serious incident, in addition to the notification to the appropriate accident investigating authorities - for Switzerland "Aircraft Accident Investigation Bureau
(BFU)". - but not later than 3 days. ENAC shall provide FOCA with more detailed information on investigation processes of those major events for which mandatory airworthiness
actions may be taken or deemed necessary by ENAC. In case of in-service occurrences
that could invalidate the aircraft Certificate of Airworthiness, ENAC is entitled to prevent
i·•7. ·.f'· ": ·.
Referwnz/Aklenzelchen: 54-06 Agreement B3blo HB-ZJY
aircraft from resuming any operations and shall immediately inform FOCA in order to allow proper corrective actions.
Licences
17. Flight operations will be conducted by the Italian operator employing flight crew members
holding an appropriately rated license issued, accepted or validated by ENAC. FOCA
validation must be obtained by the lessee if the said licence is a Italian National Flight
Crew Licence not issued in accordance with JAR FCL or has been accepted or validated
by ENAC. Otherwise FOCA validation is not requested if the said licence is a JAR-FCL licence issued by any of the EASA member State Authorities under JAR-FCL mutual recognition.
18. Any flying training activities will be conducted, as necessary and required by JAR FCL
regulations, under the supervision, responsibility and authorisation of Flight Instructors
employed by the lessee holding the appropriate pilot license with the requested ratings,
issued, accepted or validated by ENAC, and validated by the FOCA.
19. Any student pilot shall meet the requirements specified by the applicable Italian regula-·
lions.
Obligations of Lessor and Lessee
20. The lessor and lessee shall be engaged to provide free access for ENAC and FOCA inspection respectively at any time it will be required. Maintenance and operational records
must be up to date and available to any request from FOCA and ENAC till the end of the
delegation. The associated documents shall be issued in the English language.
21. The lessor and lessee shall be engaged to promptly provide FOCA and ENAC with information about any variation in the lease agreement or termination thereof so that appropriate actions can be taken. Agreed terms and conditions for the delivery back of the
aircraft shall be timely notified as well.
22. This agreement shall remain in force until the aircraft will be delivered back to the lessor
by the lessee operator. A written communication about the termination of the agreement
will be provided by Lessee's Authority to Lessor's Authority.
23. All communications affecting the execution of this agreement and its attachment Appendix 1 - working arrangements shall be made between the designated representatives of
the ENAC and FOCA as follows:
FOCA:
For matter of principles in relation to this agreement, co-ordination for specific issues with the
other Interested ENAC involved Departments is:
Safety Division Aircraft,
Christian Hegner, Vice-director
Safety Division Flight Operation,
Roland Steiner, Vice-director
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ENAC
ENrf NAZIONAI.E
PER l'AVI/.1210NE CVLE
Airworthiness &. Operations R•gulation
/TA!!Af'l (M AVIATION AIJT110IJTY
MR ROLAND SNEIDER AND MR CHRISTIAN HEGNER
BUNOESAMT FOR ZlviLLUFIFAHRT
POSTADDRESS: CH-3003 BERN
STANDORT MUHLESTRASSE 2, 3063 ITTIGEN
SWITZERLAND
Division
ENAC
1 dal 04/01/2012
Prot.oao1 o
0000942/ENAt/SND
FAX +41438162688
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DIREZIDNE CENTRALE STANDARDIZZAZIONE SICUREZZA
DIREZIONE REGOLAZIONE PERSONALE Dl VOLO
DIREZIONE ltCENZE
DIREZJONE OPERAZIONI SEDE 01 TORINO
AIR WALSER S.R.L.
Subject Agusta A 109A helicopter ($/n 7227) registered HB-ZJY to be operated by
AIR WALSER S.IU, (AOC n• 1.043H) in Commercial Air Transportation
under a dry lease contract.
Dear Sirs.
With reference to your letter dated 21" December 2011 (your ref. 54-08 Agreement
B3liis HB-ZJY) relevant to the subjed aircraft, we wish to inform you that ENAC is
willing to accept under the provision of article 83 bis of ICAO Convention the
continued transfer of operations, maintenance and continuing airworthiness
surveillance responsibilities for the subject aircraft while being operated by AIR
WALSER S.R.L. up to 31ot December 2012 inclusive under their AOC/CAMO and
other operational approvals granted to that company in respect of the subject aircraft
by E:NAC In accordance with relevant rules and regulations.
·This letter cancel and replaces our ref. 0157382/SNO dated 28111 December 2011.
Surveillance shall be accomplished by ENAC In accordance with the terms and
conditions laid down in the appendix 1 enclosed with your leUer dated 21 11
December 2011 (your ref. 54-06 Agreement 83bis HB-Z.JY). To this regard and in
relation to the point 14 of the Appendix 1 of your above mentioned letter dated 21st
December 2011, please consider that the operations regulations currently in force in
Italy for helicopters operated in CAT operation are JAR OPS 3 Amdt 5 as reported in
the ENAC Regulation "Regolamento Certificate di Operators Aereo per imprese di
trasporto aereo • Ed. 8 dated 31st October 2011, published in ENAC webslte
(regulations quoted In point 14 of the appendix 1 of your letter dated 21st December
Headquarters : Viol« Castro Premrlo, 118
Ol'l'icos: Via Goeta, 3
00185 Rome - Italy
www ,enac.gov .it
ph, +39 06 445961
fax +39 06 44596731
regolazione.navlgobilita@enac:..gov.it
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4. GEN. 2012 13:14
ENAC MANT PRODUZ!ONE
NR. 670
P. 2
2011 are to be considered as a given example being related to aeroplanes). Please
revise this reference in your files.
Being the subject aircraft in operation with an Italian operator, consequently
surveillance of the subject aircraft while in operation with Air Walser s.r.l. will be
accomplished by ENAC in accordance with the relevant Italian methods and
procedures.
AIR WALSER s.R.L. which is receiving this letter as a courtesy copy is hereby
requested to keep it on board the aircraft during the lease period along with a
certified true copy of your letter dated 21st December 2011 {your ref. 54-06
Agreement 83bis HB-ZJY) {enclosed).
The lessee is strongly requested to promptly notify both the Authorities about any
variation of the approved lease· agreement and in particular the date in which. th§.
aircraft is leased back to or taken back by lessor. This Is to timely re-allocate
maintenance and operations surveillance re.ponsibilltles for the aircraft with the
proper Authority In accordance with ICAO provisions for international oparations.
ENAC points of contact are quoted in Appendix A to this letter.
In the end please consider that FOCA is expected to register this revised agreement
with ICAO in accordance with ICAO Convention provisions. Please provide ENAC
with evidence of that registration as soon as available,
Yours Sincerely
1:>. Marco Sllanos
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Enclosures
1. certified true copy of FOCA letter dated 21st December 2011 {ref. 54-06
Agreement 83bis HB-ZJY)