Country Survey

Republic of Ireland

Registry: The Irish Aircraft Register maintained by the Irish Aviation Authority (the “IAA”) Prefix: EI- or EJ- Location: Europe Country status: Unitary State and EU Member State

Aircraft

Weight restrictions: No restrictions.

Maximum age: No restrictions.

Aircraft type certificate: EASA.

Typical structure: In Ireland, the typical aircraft leasing structure involves the use of special-purpose vehicles (SPVs). These SPVs are created to hold the title to the aircraft and lease them to operators, providing a bankruptcy-remote framework. The SPV typically pledges security over the aircraft and essential contracts, with its shares usually serving as collateral for creditors.

Ireland manages over 60% of the world's leased aircraft as of 2024. The number of global aircraft leasing companies operating in Ireland exceeds 30, including most of the largest lessors. This robust infrastructure and favourable tax environment make Ireland a leading hub for the global aircraft leasing industry.

Operation

Private use: Yes. Private flights operate at a lower required safety standard than Commercial Air Transport (“CAT”), and there is no requirement for an air operator certificate, which is required for commercial operations. The aircraft owner and/or pilot-in-command must assume the entire responsibility for the safety of these private flights.

It is important to note that it is strictly forbidden for a private flight to operate for any form of payment, it is permissible in certain circumstances for passengers and the pilot to ‘share’ certain costs relating to a specific private flight unless pilots and passengers stick to the rules, cost-sharing is permissible in the following circumstances:

1. The flight is conducted in a ‘non-complex’ light aeroplane or helicopter in accordance with the applicable rules for non-commercial operations, subject to the EASA Regulation;
2. The cost is shared by all the individuals on the flight including the pilot;
3. Only the direct costs associated with any particular flight may be shared (e.g. fuel, airfield charges, rental fee for an aircraft).
4. Other costs associated with the aircraft operation, e.g. the cost of keeping, maintaining, insuring, and operating the aircraft may not be factored into a cost sharing flight;
5. It is not permissible to pay the pilot or any other extraneous costs not directly associated with the private flight; and
6. the number of persons sharing the direct costs of a specific private flight is strictly limited to a maximum of six persons.

The pilot must conduct the flight in accordance with the applicable regulation for non-commercial flights with light aircraft.

It is also the pilot’s responsibility to ensure that the flight is appropriately insured, although passengers may want to check that any personal life, accident and/or health insurance they have is valid when undertaking a private flight.

Passengers should also be aware that the pilot may amend or cancel the flight for any reason, including at short notice. The pilot also has a duty not to undertake the flight if the flight conditions are not suitable.

The pilot must contribute to the direct costs of the flight that s/he is conducting, and the pilot must make it clear that all participants in the flight are engaged in a private arrangement that is not conducted in accordance with CAT requirements.

Corporate aviation operations: Corporate aviation operations refer to the use of aircraft by companies for the transportation of their employees, clients, and goods. This type of operation is distinct from commercial air transport, as it is not available to the general public and is typically used for business purposes. Corporate aviation operations often involve the use of business jets, turboprops, and helicopters, and are regulated to ensure safety and compliance with aviation standards. Cost-sharing is strictly not allowed on a corporate flight.

If a private jet is to be operated for non-commercial use, the operator must file a Part NCC with the IAA.

Commercial air transport: Yes, an aircraft operator involved in commercial air transport must be the holder of a valid Air Operator Certificate (“AOC”) and a valid Air Carrier Operating Licence (“ACOL”) issued by the IAA to operate commercial flights in and from Ireland, regardless for the commercial carrier having cargo or passengers on board. All European Economic Area (“EEA”) operators who have a license issued in compliance with the Air Service Regulation have automatic traffic rights to operate to and from Ireland if the journey is within EEA.

The issue of an AOC and ACOL authorises an operator to conduct commercial air transport operations in accordance with such conditions and limitations as may be prescribed for that aircraft operator.

To obtain an AOC and ACOL an operator must complete a thorough process to satisfy the authority that they are competent to secure the safe operation of aircraft. They are subject to rigorous oversight by the Irish Aviation Authority and are audited regularly for competence and adequacy of resources in areas such as management and organisational structure, crew training, aircraft maintenance, flight planning and support, including many other areas.

• The registered owner is responsible for ensuring that;
• The aircraft is maintained in an airworthy condition;
• Any operational and emergency equipment fitted is correctly installed and serviceable;
• The Airworthiness Review Certificate remains valid;
• The maintenance of the aircraft is performed in accordance with the Aircraft Maintenance Programme (“AMP”).
• The owner may contract the tasks associated with the continuing airworthiness (e.g., maintenance planning) to a Continuing Airworthiness Management Organisation (“CAMO”) or Combined Airworthiness Organisation (“CAO”). In this case, the CAMO/CAO assumes responsibility for the proper accomplishment of the contracted tasks.

Finance

Mortgage possible? Yes. Both individuals and business entities can create a legal or equitable mortgage over an engine or aircraft. It is customary where the mortgager is an Irish company for a mortgage to be filed Form C1 (if the mortgagor is a company) with the Company Registrations Office in Ireland (“CRO”) to be recorded as a charge within 21 days of creation of the charge. A mortgage may be registered with the Central Office of the High Court, in case where the mortgagor is an individual or a partnership.

The IAA developed its own system on 8th April 2022, to record mortgages, charges, or liens over aircraft that are registered with the IAA. The IAA must receive a Form G17 to register a mortgage or charge on its system.

A security interest created by a company is released or discharged upon the execution and dating of the applicable release deed or release agreement, and the release or discharge becomes effective at this point.

Discharges are made with the CRO by submitting a Form C6, evidencing fulfilment of the secured debt. The filing of a Form C6 in respect of such a release or discharge will appear on Irish company searches within a few weeks of filing the Form C6 (this is an administrative matter for the CRO). There is no time limit on when a Form C6 is to be filed in respect of a release or discharge of a mortgage, and it does not have an impact on the release of the charge/lien.

The mortgage can also be registered with the International Registry under the Cape Town Convention provided connecting factors are met.

Restriction governing mortgage law: No restriction.

Priority notice: Priority is given when the registering body are either CRO or under Cape Town Convention. IAA does not grant priority notice.

Public registration: Yes.

Deregistration power of attorney: Yes, A DPOA does not have to be governed by the laws of Ireland for it to be legitimate here. In Ireland, the registered owner can apply for deregistration of the aircraft.

An irrevocable deregistration and export request authorisation (“IDERA”) has to be lodged with the IAA, the authorised party specified can procure the deregistration of the aircraft. An aircraft owner, mortgagee or lessor can apply for the deregistration of the aircraft without the lessee's or operator's consent where an IDERA has been filed. The aircraft does not need to be in Ireland at the time of deregistration and/or export. To take an aircraft outside Ireland, an Export Certificate of Airworthiness in respect of Aircraft may be required from the IAA.

The registered owner of the aircraft must complete a Form G17 as notification of charge and submit, along with the fee for submission, to the IAA. The IAA notification of charge form grants a DPOA in favour of the mortgagee/chargee.

To deregister an aircraft, one must submit;

1. A formal in writing, including the complete description of the aircraft, registration marks, make, model and serial number. This letter must be signed by the following:

a. If the registered owner is an individual, the individual signs the request;

b. If the registered owner is more than one individual, all individuals must sign (or send separate letters); and

c. If the registered owner is a company, the letter must be signed by a current director of the company or the current company secretary (as per the current CRO print-out);

2. Proof that the aircraft's nameplate/fireproof plate has been removed;

3. Proof that the registration marks have been removed from the aircraft;

4. Proof that the aircraft's Irish Mode S code has been negated (if applicable);

5. Proof that the aircraft's Irish emergency locator transmitter (ELT) code has been negated (if applicable);

6. If the aircraft is on an Irish Air Operator Certificate (AOC), it must be removed from the AOC prior to deregistration;

7. All fees outstanding must be paid in full for the aircraft; and

8. If the aircraft has an IDERA lodged against it, the IDERA must first be removed.

In addition to the self-help remedy under Irish law, the owner will have the remedies available to it under the Cape Town Convention, including taking possession of the aircraft without a court order and deregistering and exporting an aircraft by exercising its rights under an IDERA.

However, it should be noted that, in most cases, the aircraft will not be located in Ireland, and the lease is likely to be governed by English or New York law. The effectiveness of these actions will, therefore, be determined by general principles of enforceability under the governing law of the lease and in the jurisdiction in which the aircraft is located.

Cape Town: Yes, since 29th July 2005.