16.08.2013 Aktualizacja: 21.08.2020

The license to perform carriage by air

List of documents for application:

I issuance of the license to operate scheduled / non-scheduled air carriage using aircraft without limitation of the maximum take-off weight and the number of passenger seats;

II. Issuance of the license to operate scheduled / non-scheduled air transportation using aircraft with a maximum take-off mass less than 10,000 kg, with less than 20 passenger seats;

III. change of the license, if such an adjustment has a significant impact on the financial situation of the Community air carrier.

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Entities holding license to perform business activities in the field of air transport issued by the President of the CAA xls plik do pobrania 48.00 Kb
List of holders of Air Operator Certificate (AOC)

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Legal basis


Council Regulation (EEC) No 1008/2008 of 24 September 2008. on common rules for the operation of air services in the Community
pdf plik do pobrania 144.37 Kb
Act of July 3, 2002. Aviation Law, Coll. Laws of 2012, pos. 933 and 951
doc plik do pobrania 707.00 Kb
Act of March 6, 2018 Law of entrepreneurs, Journal of Laws of 2018 item 646, as amended

 

General terms and conditions

 

An entrepreneur wishing to pursue an economic activity in the air (unless the services are performed by non-power driven aircraft and / or ultralight aircraft powered motor or local flights not involving carriage of passengers, mail and cargo between different airports or other authorized land) shall submit to the President of the Civil Aviation Authority an application to grant a license. In accordance with Art. 4 of Council Regulation (EEC) No 1008/2008, the principal place of business of entrepreneur who is applying for a license to conduct business in the area of air transport must be in the same EU Member State, which authority shall issue the license, and air carriage separately or in conjunction with any other commercial operation of aircraft or the repair and maintenance of aircraft, should be the main economic activity.

Application

 

In accordance with Art. 166 Paragraph 1 of the Aviation Law, a license is granted at the request of the entrepreneur. The application for a license shall contain (in accordance with paragraph. 2):

1 name of an entrepreneur, the location and address, and principal place of business enterprises;
2 registration number for companies;
3 information about the nature and scope of intended business activities (regular or irregular carriage of passengers, cargo, mail)
4 other information determined in accordance with the provisions of the Act (types of aircraft used to perform the activity - an indication of the owner, nationality and identification of the maximum take-off weight and the number of passenger seats).

The application shall be accompanied by the documents referred below.

 

List of documents in proceedings for grant of license

 

Documents that the entrepreneur is obliged to present to the President of the CAA and the requirements that an entrepreneur must meet are specified, in particular in Council Regulation (EEC) No 1008/2008 (Chapter II concession and in Annex I, point 1 and point 2), the Freedom of Business Act and Aviation Law Act.

I. The application for a license to operate scheduled / non-scheduled air transport services using aircraft without limitation of the maximum take-off weight and the number of passenger seats, the entrepreneur should attach the following documents:

Defining the legal status, if it is:

1 a legal person - the statute or act of formation of the legal person, including any amendments;
2 a natural person - a document confirming the identity of an indication of a social security number and citizenship.

Current extract from the register of companies.

The statement which ensure that there were no bankruptcy petition and entrepreneur is not in the process of liquidation.

The statement by the applicant that air carriage in separately or combined with any other commercial operation of aircraft or the repair and maintenance of aircraft, is and will be the primary type of business.

The statement of each of the members of the board (and proxies, if appointed) and the supervisory board by him concerning his citizenship.

Statement of the management of the company (including proxies, if appointed) and members of the supervisory board for the performance of managerial functions and membership in the governing body with the participation of foreign persons (the management of the business is:  the company director, his deputy, proxy, and other persons who are members of the management).

The business plan for at least the first three years of operation. The business plan must demonstrate that:
1 entrepreneur may at any time meet his potential obligations, established under realistic assumptions, for a period of 24 months from the start of operations, and

2 it can meet its fixed and operational costs incurred by operations according to its business plan and established under realistic assumptions, for a period of three months from the date of commencement of operations, without taking into account any income from its operations.

The business plan shall also detail the applicant's financial links with any other commercial activities in which the applicant is engaged either directly or through related undertakings.

Documents indicating that the holder has possibility of financing the activities proposes in a license:

1 the most recent internal management reports and, if available audited financial statements for the previous financial year;

2 expected balance sheet and profit and loss account over the next three years;

3 projected expenditure and income on such items as fuel, fares and rates, salaries, maintenance, depreciation, exchange rate fluctuations, airport charges, air navigation charges, ground handling costs, insurance, etc. traffic revenue forecasts

4 details of the start-up costs incurred in the period from application to commencement of operations and an explanation of how it is proposed to finance these costs;

5 details of the existing and projected sources of financing, the particulars of shareholders (legal entity - the address of their registered office, country of origin, the size of their shares or shares and the nature of their privilege; an individual - citizenship and place of residence), including nationality and type of shares / stocks. If part of a group of companies, information on the relationship between them;

6 projected cash flow statements and liquidity plans for the first three years of operation.

Evidence of formal legal title to dispose of at least one aircraft, which the entity is an owner, or is the subject of the lease without crew (particulars regarding the financing of the purchase / leasing of aircraft, including, in the case of leasing, the terms and conditions of the contract).

Evidence of registration of an aircraft in the register of civil aircraft in the European Union.

Certificate from the bank where the applicant has a basic current account, specifying the amount of financial resources and creditworthiness.

A criminal record of the company management (including proxies, if appointed) and members of the supervisory board (for intentional crimes: tax, against road traffic safety, public safety, property, business transactions, trading in money and securities, the rights of people performing paid work , the reliability of the documents).

Declaration by the applicant stating that his license for running a business in the field of air transport has not been revoked in the last three years before the application.

A copy of extract from the National Court Register and Register of Insolvent Debtors.

Insurance policy which covers liability for damages associated with air transport and the movement of aircraft. This document should be issued in accordance with the Regulation of the European Parliament and Council (EC) No 785/2004 of 21 April 2004 on insurance requirements for air carriers and aircraft operators, as amended by Commission Regulation (EU) No 285 / 2010 of 6 April 2010 and Art. 11 Regulation of the European Parliament and Council (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community.

Furthermore, the applicant is required to have an approved, by the President of the Civil Aviation Authority, the company's security program against acts of unlawful interference and current AOC.

In addition, the President of the CAA may require the applicant to furnish, within the prescribed time period, additional data and documents which substantiate that it has met the conditions of their business, which will be specified in the license or the result of the relevant provisions.
All these documents should contain information current as of the date of application and be issued not earlier than three months prior to its submission. Documents written in a foreign language should be accompanied with a translation into Polish. If the copies of the documents are submitted – they should be certified as a true copy or a notary public official.

II. The application for a license to perform scheduled / non-scheduled air transport carriage using aircraft with a maximum take-off weight of less than 10 000 kg, and with less than 20 passenger seats, the entrepreneur should submit the following documents:

Defining the legal status, if it is:

1 legal person - the statutes or instrument binding legal person, including any amendments;
2 a natural person - a document confirming the identity of an indication of a social security number and citizenship.

Current extract from the register of companies.

The statement will ensure that there were no bankruptcy petition entrepreneur or not it is in the process of liquidation.

The statement by the applicant that air transport separately or combined with any other commercial operation or repair and maintenance of aircraft, is and will be the primary type of business.

The statement of each of the members of the board (and proxies, if appointed) and the supervisory board concerning the citizenship of the member.

Statement of the management activities of the company (including proxies, if appointed) and members of the supervisory board for the performance of managerial functions and membership in the governing body with the participation of foreign persons (by managing the business of the means: the company director, his deputy, proxy, and other persons who are members of the management company).

The document proving the ownership of the company net capital of 100 000.

Evidence of formal legal title to dispose of at least one aircraft, which it owns, or is the subject of the lease without crew (particulars regarding the financing of the purchase / leasing of aircraft, including, in the case of leasing, the terms and conditions of the contract).

Evidence of registration of an aircraft in the register of civil aircraft in the European Union.

Certificate from the bank where the applicant has a basic current account, specifying the amount of financial resources and creditworthiness.

A criminal record of the company management (including proxies, if appointed) and members of the supervisory board (for intentional crimes: tax, against road traffic safety, public safety, property, business transactions, trading in money and securities, the rights of people performing paid work , the reliability of the documents).

Declaration by the applicant stating that his license for running a business in the field of air transport has not been revoked in the last three years before the application.

A copy of extract from the National Court Register and Register of Insolvent Debtors.


Insurance policy which covers liability for damages associated with air transport and the movement of aircraft. This document should be issued in accordance with the Regulation of the European Parliament and Council (EC) No 785/2004 of 21 April 2004 on insurance requirements for air carriers and aircraft operators, as amended by Commission Regulation (EU) No 285 / 2010 of 6 April 2010 and Art. 11 Regulation of the European Parliament and Council (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community.

Furthermore, the applicant is required to have an approved, by the President of the Civil Aviation Authority, the company's security program against acts of unlawful interference and current AOC. In addition, the President of the CAA may require the applicant to furnish, within the prescribed time period, additional data and documents which substantiate that it has met the conditions of their business, which will be specified in the license or the result of the relevant provisions.

All these documents should contain information current as of the date of application and be issued not earlier than three months prior to its submission. Documents written in a foreign language should be accompanied with a translation into Polish. If you submit copies of the documents should be certified as a true copy or a notary public official.

However, given that:
Under the Polish law there are three categories of legal entities: natural persons, legal persons and organizational units without legal personality;

general partnership, professional partnership, limited partnership and limited joint-stock partnerships, which are to be classified as organizational units without legal personality (the legislature of the company equips those in the legal capacity, but is not suitable legal person);

legal definition of the company, which may be granted concession - contained in Art. 2 point 3 of the European Parliament and Council Regulation (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community - indicates that the license may be granted to any natural or legal person or official body holding or not holding legal personality. The entities eligible to obtain a license - other than it is in the act of 4 July 2004 on the freedom of economic activity (Journal of Laws of 2010, No. 220, item. 1447, as amended) – are not "entities without legal personality", which must be considered a general partnership, professional partnership, limited partnership and limited joint-stock company;

legal definition of an air carrier - contained in Art. 2 Section 10 of Regulation No 1008/2008 states that the entity may be an air carrier with a valid operating license or equivalent;
should be noted that licensed air transport can not be operated in the form of a general partnership, limited partnership, limited partnership and limited joint-stock company.

III. The application to amend the license, if the change is planned which refers to structures or activities with a significant impact on the finances of the carrier, the entrepreneur should submit the following documents (this does not apply to extend the powers under the license):

The most recent internal management accounts and audited financial statements for the previous financial year.

Precise details of all proposed changes eg change in the type of service, proposed takeover or merger, modifications in share capital, changes in shareholders / stakeholders, etc.

A projected balance sheet, including profit and loss for the current financial year, including all proposed changes in structure or activities with a significant bearing on finances.

Performed and projected expenditure and income figures on such items as fuel, fares and rates, salaries, maintenance, depreciation, exchange rate fluctuations, airport charges, air navigation charges, ground handling costs, insurance, etc. forecasts traffic / revenue.

Cash-flow statements and liquidity plans for the following year, including all proposed changes in structure or activities with a significant bearing on finances.

Details of the financing of the purchase / leasing of an aircraft, including, in the case of leasing, the terms and conditions of the contract.

In addition, the President of the CAA may require the applicant to furnish, within the prescribed time period, additional data and documents which substantiate that it has met the conditions of their business, which will be specified in the license or the result of the relevant provisions.

IV. WARNING! If there is a change of any of the elements specified in the license, the air carrier shall provide the President of the CAA with relevant information as well as documents confirming the change, and documents which shows that air carrier still meets the requirements provided by law. It is also necessary to request or consent by the President o CAA to perform the appropriate changes in the concession.

 

Contact

 

Aviation Department of Economic Activities (LER-1)

+48 22 520 72 52/51/50

fax: +48 22 520 72 50

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

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