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Eldgontlssischos Oepartamont tor _umwatt, Vort<ehr, Energla Wld Kommunlkatton UVEK

Bundeeomt tar Zlvtllufllllhrt BAZL Dtrektlon

THE CIVIL AVIATION AUTHORITY OF THE KINGDOM OF BELGIUM Mr. Frank DURINCKX, General Director Vooruitgangstraat 80 box5 B-1 030 Brussels Fax: +43 (0) 51703 1666

Relerenz/Aklenzelchen: 54-01 Agreement HB-ZKE Sacllbeo-..: Palr1cla Herzlg Tel. +4131 32~ 93 54, Fax +41 31 325 96 01, palrlcla.herzlgCIIbazl.admln.ch lttlgon, 20 February 2013

Transfer of Oversight Responsibilities pursuant to Art. 83bls of the Chicago Conven­tion and the applicable European Community Regulations regarding Aircraft HB-ZKE

MD900 aircraft (sin 900-00131) registered HB-ZKE to be operated by Noordzee Helikopters Vlaanderen (AOC-B-3037) in Commercial Air Transportation under a dry lease contract

Dear Mr. Durinckx

We have bean informed by Robert Fuchs AG - Fuchs Helikopter (CH-AOC HEL-3023), the current operator of the aircraft, that HB-ZKE is to be dry leased out to Noordzee Helikopters Vlaanderen in order to be operated in commercial air transport operations under the AOC of Noordzee Helikopters VJaanderen from 09.01.2013 until14.04.2013. Since, in this case, we sea 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 Noordzee Helikopters Vlaanderen under their relevant AOC/CAMO granted by THE CIVIL AVIATION AUTHORITY OF THE KINGDOM OF BELGIUM (BCAA).

During the aforementioned lease period the oversight and surveillance responsibilities of the State of Registry shall be discharged and accomplished by BCAA in accordance with the terms and conditions laid down in the enclosed appendix 1.

Bund...,t tar Zlvtll-hrt Postadressa: CH-3003 Bem Tel. +4131 32580 39/40, Fax+4131325 8032 YNIW.bazt.admln.ch

RofelwWAklenzelchen: 54-01 Ag,_,ont HB-ZKE

Appendix 1 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 wr~ing. The transfer of responsibilities will, however, only be effective during the aforementioned lease period.

A copy of this agreement as wall as a copy of Ita appendix 1 must be carried on board the aircraft at all times it la operated according the provisions of this agreement under the AOC of Noordzee Hellkoptars Vlaandaran.

Having regard to the tight time limits we would urge Noordzee Helikopters Vlaanderen to provide FOCA as soon as possible with all documentation or licenses that accep­tance/validation is to be sought for as stated in appendix 1.

Furthermore, Noordzee Helikopters Vlaanderen is urgently requested to provide FOCA, Heli­copter Operations Section, w~h 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 Noordzea Hallkoptars Vlaandaran at all times during the validity of this agreement. Any failure by the lessee to comply with the above obligations shall relieve FOCA from responsibil~ 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 (FOCAl

/.Y V Christian Hegner, Vice-director Safety Division Aircraft

Roland Steiner, ViCe-director Safety Division Flight Operation

Copy: - Robert Fuchs AG, Fuchs Helikopter, CH-8834 Schindellegi, Switzerland - Noordzee Helikopters Vlaanderen, Kalkaertstraat 1 01, Bc8400 Oostende, Belgium

Releranz/Ald8nZelcllen: ~1 Agraomont HB-ZKE

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 BCAA in accordance with the pertinent effectiveness and implementa­tion schedule as defined respectively by EU or by BCAA (for JAA regulations). in the case BCAA 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 748/2012). BCAA 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 marks.

Mandatory Continuing Airworthiness Information (MCAI) 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. 212003 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 BCAA 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 FOCAIBCAA. To this late regard, coordination between FOCA and BCAA 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 Belgian 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://Www.bazl.admin.chlexperten/luftfahrzeuge/lta/index.html?lang=de and therefore the Belgian Operator (lessee) is requested to regularly look at that site to ab­solve their continuing airworthiness responsibilities in respect of this aspect. The Belgian 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.

317

Refen!nz/Aktenzelchen: 54-01 Agreement HB-ZKE

Maintenance 4. The continuing airworthiness of the aircraft while being operated by the Belgian lessee

under the appropriate operational approval granted by BCAA will be managed and en­sured by the Belgian lessee itself holding a Part M subpart G - approval (CAMO) granted byBCAA.

5. Aircraft shall be maintained in accordance with the Aircraft Maintenance Programme (AMP) approved by FOCA in accordance with the requirements of Annex I (Part M) of EC Regulation 2042/2003. BCAA will accept the Swiss AMP approved by FOCA to the les­sor. 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 BCAA 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 BCAA in accordance with its national procedures and in compliance with part M provisions; any variation, if requested, to the approved mainte­nance program· (e.g. short term interval extensions, escalations, etc.) will be approved by BCAA 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) 748/2012, 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 national 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 airworthinessf'Verordnung uber die Luftt!lchtigkeit von Luftfahrzeugen; VLL, SR 748.215.1"); alternative system may be adopted by the lessee once approved by BCAA 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 BCAA must reflect all stated condi­tions in this Appendix 1 as applicable.

4fT

Certificate of Alrworthin888

10. The continued validity of the Aircraft Certificate of Airworthiness (CofA) shall be ensured in accordance with EU regulation 2042/2003 Part M requirements.

Aircraft Inspection and findings

11. In case of survey of the aircraft carried out by FOCA (in order to comply with EU regula­tion 2042/2003 Part M.B.303) or by BCAA (in order to comply with EU regulation 204212003 Part M. B. 704), they will inform each other of any finding that might ilffect 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) 74812012 regulation, and, if any, BCAA 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 BCAA in accordance with the pertinent procedures approved to the Belgian operator.

13. The aircraft shall be equipped in accordance with relevant applicable Belgian operational requirements for the intended type of operations. Consequently EASA approved AFM may be requested to be integrated accordingly with BCAA 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 Belgian rules and regulations (AOC and JAR OPS 3) and EU Regulation 1 008/2008; surveillance will be accomplished by BCAA 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 21A.707) in accordance with Commission Regulation (EC) 748/2012. Permit to Fly may prescribe particular limiting conditions to permit the aircraft to be flown without fare­paying passengers to an approved maintenance facility at which lt will be restored to an airworthy condition.

ln-eervlce 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, BCAA 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 "Swiss Accident Investigation Board (SAl B)". - but not later than 3 days. BCAA shall provide FOCA with more detailed infor-

Releronz/Aidenzelchon: 54-01 Agnlemen1 HB-ZKE

mation on investigation processes of those major events for which mandatory airworthi­ness actions may be taken or deemed necessary by BCAA. In case of in-service occur­rences that could invalidate the aircraft Certificate of Airworthiness, BCAA is entiUed to prevent aircraft from resuming any operations and shall immediately inform FOCA in or­der to allow proper corrective actions. In any case both CAA's shall cooperate and pro­vide each other the necessary support, should this be necessary during an investigation process.

Licences

17. Flight operations will be conducted by the Belgian operator employing flight crew mem­bers holding an appropriately rated license issued, accepted or validated by BCAA. FOCA validation must be obtained by the lessee if the said licence is a Belgian National Flight Crew Licence not issued in accordance with EASA part.FCL or has been accepted or validated by BCAA. otherwise FOCA validation is not requested if the said licence is an EASA part.FCL licence issued by any of the EASA member State Authorities under EASA part.FCL mutual recognition.

1 B. Any flying training activities will be conducted, as necessary and required by EASA part.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 BCAA, and validated by the FOCA.

19. Any student pilot shall meet the requirements specified by the applicable Belgian regula­tions

Obligations of Lessor and Lessee

20. The lessor and lessee shall be engaged to provide free access for BCAA 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 BCAA till the end of the delegation. The associated documents shall be issued in the English language.

21. The lessee and/or lessor shall inform FOCA as the state of Registry of all modifications and major repairs or changes concerning the kind of operation occurring during the lease agreement, even if BCAA is responsible to supervise compliance with the provisions of art. 2 of EU Regulation 7 4812012.

22. The lessor shall provide the lessee with all national requirements, guidance material (e.g. Article 8, Maintenance) and provide the needed instructions to comply with the relevant obligations.

23. The lessor and lessee shall be engaged to prompUy provide FOCA and BCAA 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.

24. This agreement shall remain in force until the aircraft will be delivered back to the lessor by the lessee operator according the lease agreement. BCAA will inform FOCA in writing, should the agreement be terminated earlier than foreseen.

25. All communications affecting the execution of this agreement and its attachment Appen­dix 1 - working arrangements shaH be made between the designated representatives of the BCAA and FOCA as follows:

FOCA: For matter of principles in relation to this agreement, co-ordination for specific Issues with the other interested BCAA involved Departments is:

Safety Division Aircraft, Christian Hegner, Vice-director

Safety Division Flight Operation, Roland Steiner, Vice-director

BCAA: Conseiller general, Andre Leroy

=€~ ,. Federal Public Service Mobility and Transport

Federal OffiCe of Civil Avia~on Mr. Christian Hegner, Vice-Director Safety Division Aircraft Mr. Roland Steiner, Vice-director Safety Division Flight Opera~on

Mtlhlestrasse 2 CH-3063 lttigen

CH-3003 Bern Switzerland

Your loiter of: 2010212013

Your reference : 54-01 Agreement HB-ZKE

Belgltn CM! AYilllon AllfiiDnly c...,.,..,._.­c_...,A,_

Joct/2~10 Rue <1u Progr8< w. -5

1030 llM8ols BeiQium

Tel.:+ 32 (0)2 724 02 11· Fax:+ 32 (0)2 n4 0201 Yourcontoct AndmlBir>y

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Gsm:· ..,..! : arnllo.lsrol'@mobilil.f9Dv.be

Enlelptls& Numbe! 0 308 357 852

Our nolerence: AnneX( os) : Brussels, lA/C.(;OMIFD/2013- t>'\-\ 2210212013

Subject: Transfer of oversight of the helicopter HB-ZKE (MD902 MSN 9000-00131}

Dear Mr. Hegner, Dear Mr. Steiner,

Referring to your letter of 20 February 2013, referenced 54-01 Agreement HB-ZKE, addressed to the Belgian CAA in relation to the lease agreement between the Belgian operator Noordzee Helikopters Vlaanderen (NHV} and the Swiss operator Robert Fuchs A.G - Fucks Helikopter, details of which are as per following:

Registration Serial Number Start of Period End of Period Mark

HB-ZKE 900-00131 22/02/2013 14/04/2013

This undertaking will be as per the provisions of the Art. 83bis of the Chicago Convention and the applicable European Community Regulations.

As regards to the subject lease agreement, Belgium acknowledges its responsibility as the State of Operator defined in ICAO Chicago Convention Annexes 6 and B and in the applicable Belgian and European Regulations.

During the aforementioned lease period, I conflrm that Belgium accepts to take over the over­sight and surveillance responsibilities of the State of Registry in accordance with the terms and conditions laid down in the Appendix 1 to your letter.

Thank you for your cooperation enabling this agreement to be put in place in a timely manner.

Yours faithfully,

:-:=s> ~~--,./~--~=======~

F. DURINCKX, Director-General,

Our ollfces.,.. Ojlfll-. 9 hand 12 hand between 14 hand 16 h. Pllvoto indlvi<1uols wflo cannollrH tl>omse/Ws ®rmg tfleoll /toun, con roquost an appoillmetJ! on TuaS<lays or Fridays up to 20 h.

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