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LV 003Answer
An aircraft operator is considered a commercial aircraft operator pursuant to Annex 1 Part 2 No. 33 lit. j TEHG if he performs remunerated scheduled or non-scheduled air transport services to the public, carrying passengers, cargo or mail for a fee (see Article 3(p) Directive 2003/87/EC).
Commercial aircraft operators must have an Air Operator Certificate (AOC) - (see Annex 6 Part 1 to the Chicago Convention). Operators without such a certificate are therefore no commercial aircraft operators.
On the other hand, operators with an AOC shall not automatically be considered as an commercial operator, but must actually provide the above mentioned air transport services to the public.
For example, an operator of "business travel aircraft" is only considered commercial if the flights are offered to the public for money, without restriction to specific groups of people, and if the aircraft operator has an AOC. It is irrelevant whether tickets are available for individual seats or whether the air traffic service takes the form of the total capacity of the aircraft.
The 'commercial operation' characteristic is based on the operator and not the flights performed by him.
Non-commercial, within the meaning of the TEHG and the Emissions Trading Directive are also operators of "business travel aircraft" such as for internal company use, which offer their air services only to a limited group of people, for example, company employees and business partners, but not the public. Also considered non-commercial are aircraft operators who only perform empty flights (ferry flights), in which no passengers, freight or mail is transported.
23/05/2022