The legal basis for commercial air transport carried out by companies based in Austria is provided by Regulations (EU) 2018/1139 and in particular (EU) No 965/2012 as amended.
Notwithstanding the provisions of Regulation (EC) No 1008/2008, the operator shall apply for and obtain an Air Operator Certificate (AOC) with the competent authority prior to starting commercial air transport operations (ORO.AOC.100 - Application for an Air Operator Certificate).
In addition, an operating licence shall be obtained from the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology (BMK) in accordance with the requirements laid down in Commission Regulation (EC) No 1008/2008. Without such a licence, no passengers, mail and/or freight may be transported in commercial operations. Ultralight aircraft, balloons, sailplanes and scenic flights are exempted.
The application for the initial issue of an Air Operator Certificate should be submitted to the authority at least 90 days before the intended start date of operation. The operations manual may be submitted later, but in any case not later than 60 days before the intended start date of commercial operation. (AMC1 ORO.AOC.100 - Application for an Air Operator Certificate).
For further information on the individual phases please refer to OIL 13/2014.