Apply for the establishment of a new German air carrier

Source: BUS Rheinland-Pfalz

If you wish to transport passengers, mail or freight commercially using aircraft, you need an air carrier that is established and licensed for commercial flight operations.

You must apply for the following documents for the approval of your air carrier:

an operating license,
an Air Operator Certificate (AOC).

The AOC defines the activities covered by the operating license.

You must meet extensive general, financial, operational, technical and flight safety requirements in order to obtain an operating license and AOC.

You do not require approval for the following flight services:

Flights with non-powered aircraft,
Flights with ultralight aircraft with motorized propulsion
sightseeing flights,
specialized flight operations (such as flights in the context of aerial work),
flights by private individuals on a cost-sharing basis if the direct costs are shared by all passengers, including the pilot,
competition flights or display flights, if
- the remuneration or any monetary consideration for such flights is limited to covering the direct costs and
- the contribution to annual costs and prizes does not exceed a value set by the competent authority,
introductory flights, drop-jump flights, glider towing flights,
aerobatic flights performed by
- a training organization or
- an organization established for the purpose of promoting air sports or recreational aviation.

You can apply to set up a new German air carrier online or by post or fax.

Online application:

Go to the federal portal verwaltung.bund.de and complete the online application.
You can upload your documents directly.
You can submit any missing information and documents later.
After submitting your application, you will receive an invoice for an advance payment. This usually amounts to 50 percent of the expected total amount that will be incurred for issuing the operating license. You must make the advance payment in order for your application to be processed.
Once the advance payment has been received, the Luftfahrt-Bundesamt (LBA) will check whether all the documents required for the foundation have been submitted. The LBA will request any missing documents and check whether you meet the approval requirements.
If anything is unclear or information is missing, the LBA will contact you.
Once your application has been processed, you will receive a final decision and notification of fees.
Once you have paid the fees, you can retrieve the decision and receive your operating permit and your Air Operator Certificate (AOC) by post.

Application by post or fax:

Call up the forms on the LBA website.
Complete the forms and compile the required documents.
Send all documents to the LBA.
The further procedural steps are the same as for the online application.

You submit the application as an organization or as a representative.
Your company's principal place of business is in Germany.
The principal activity of your company is the provision of air services, whether alone or in conjunction with any other form of commercial operation or the repair and maintenance of aircraft.
Your company is owned directly or through a majority shareholding by Member States of the European Union (EU) or by nationals of Member States of the EU. They must exercise effective control at all times.
Your airline owns at least one aircraft or has a dry lease agreement.
You must register your aircraft in the German aircraft register.

Financial:

Proof that you can meet your actual and potential obligations at any time during a period of 24 months after commencing flight operations.
Proof that you can manage without operating income for the first 3 months after commencement of flight operations.
Liquidity plan for the first 3 years from the start of your operations
Further relevant information on
Corporate relationships and financing.

These financial requirements do not apply if you operate a smaller company with only aircraft under 10 tons maximum take-off weight or with less than 20 seats.

You must then meet the following requirements:

Proof of net capital of at least EUR 100,000

at the request of the authority: Information that you will be able to meet your actual and potential obligations for a period of 12 months

flight operations:

Establishment of a suitable corporate structure and management, including the appointment and designation of a responsible management and departmental management, including
- flight operations
- crew training
- ground operations
- Continuing airworthiness
With this reliable and effective management structure, you ensure safe flight operations. You will also demonstrate that you can implement and comply with all legal regulations.
Development of a management system
Preparation of operational documentation to present the organizational and flight operations procedures. This "operations manual" must consist of parts A, B, C and D.

Technical:

Continuing Airworthiness Management Organization (CAMO) approval
Your aircraft are maintained by a suitable maintenance organization

to aviation safety:

Establishment and you ensure the establishment and further development of an aviation safety program

if you wish to operate aircraft with a maximum weight of more than 5.7 tons:

Approval of the aviation security program by the LBA

to the insurance company:

You must be insured against the damages to be compensated within the scope of your liability, which may occur in particular to passengers, baggage, cargo, mail and third parties as a result of accidents.
The amounts of cover are precisely regulated in EU regulations and the Air Traffic Act.

in the approval process:

Extracts from the commercial register
List of partners or list of shareholders
articles of association
Proof of citizenship or copies of the shareholders' identity cards
Additional documents to prove ownership and actual control will be requested as required and depending on the complexity of the company structure
proof of the financial conditions required for the granting of the operating license
police clearance certificates of the management for submission to an authority that are no more than 6 months old

for all aircraft to be flown in:

Third party liability insurance, issued in special drawing rights
Liability insurance to cover personal injury, baggage, freight and delay damage, issued in special drawing rights
Rental, ownership, leasing contracts or proof of ownership

in the event of representation:

Proof of authorization to represent, such as a power of attorney

You can find out which documents are required in your case on the application form.

You do not have to submit the documents collectively at the time of application - you can submit documents that are not yet available later.

Apply for the establishment of a new German air carrier

Process flow

Requirements

Which documents are required?

What are the fees?

What deadlines do I have to pay attention to?

Processing duration

Legal basis

Applications / forms

What else should I know?

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