Authorisation of Third Country Operators (TCO) · PDF fileDisclaimer EASA is preparing for the implementation of Part-TCO. The draft Part-TCO is awaiting scrutiny by the European Parliament

Authorisation ofThird Country Operators (TCO)New rules for foreign (non-EU) commercial air transport operators flying into the European Union

Andreas CordesEASAIstanbul 10.10.2013

Disclaimer

EASA is preparing for the implementation of Part-TCO.

The draft Part-TCO is awaiting scrutiny by the European Parliament and Council

As such, nothing contained herein

constitutes a final policy, concept or procedure and may be subject to changes; orshould be considered binding on the Agency or on the European Commission.

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Legal Framework

ICAO Annex 6 Part 1 (and ICAO Doc 8335)

Regulation (EC) No 216/2008 (“EASA Basic Regulation”)


The USA, Canada, Australia, China and other States have similar systems in place.

A single European system for vetting the safety performance of foreign (non-EU) commercial air transport (CAT) operators.

The authorisation issued by EASA will become a prerequisite forEU Member States to grant operating permits/traffic rights.

„One stop shop“ principle

28 EU Statesto include a number of European Overseas Territories

+4 EFTA states


TCO Authorisation Process


TCO Authorisation Process

Operators shall apply for a TCO authorization at least30 days prior to the start of the intended operationUpon receipt of the application, EASA grants accessto an interactive web-based software application

state-of the-art user managementonline questionnaire and file uploadcommunication platformpublic website containing a list of all authorised operators

When all data have been submitted, EASA will determine if a further assessment of the operator is necessaryIf further assessment is necessary,this may take longer than 30 daysThe TCO authorisation is planned to be free of charge


Confidence-based assessment methodology

Lack of confidence into the Operator

Lack of confidence into oversight

capabilities of the State of the

Operator

Data-driven model for the determination of confidenceSafety data available for the State of the operatorSafety data available for Operator


Confidence based operator assessment process

Standard case:Simple desk-top review

Further information required:Additional questionnaireand telecommunication as necessary

Critical operator:Interview with the operator at the EASA headquarters in Cologne

In the standard process, on-site audits are not foreseen.


Assessment criteria

International (ICAO) standards, not EU-rules:Annex 1 (Personnel Licensing)Annex 6 (Operations of Aircraft)Annex 8 (Airworthiness of Aircraft)Annex 18 (Dangerous Goods)Annex 19 (SMS)

EASA can raise findings intwo levels (Level 1 and 2)

(2) Operations

(3) Safety Management System

(1) Airworthiness

TCO Authorisation = Validationof an Air Operator Certificate (AOC), issued by an ICAO contracting State


TCO Authorisation

Upon completion of the process and in the absence of Level 1 findings, EASA will issue a TCO AuthorisationThe authorisation is accompanied by a SPECIFICATION associated to the TCO Authorisation, which contains details of the authorised operation (e.g. DG, LVO)The operator will be placed on a public list of authorised operatorsThe TCO authorisation carries no expiration dateBecomes invalid when it has not been used for a period of 24 months


Continuous Monitoring

The safety performance of the operator is continuously monitored,

e.g. SAFA, accidents, finding closure…

The operator is responsible to keep relevant information current at all times via the web-based TCO platform

e.g. fleet, accidents, management personnel

Prior authorisation from EASA is required in certain circumstances:

e.g. new aircraft type, new scope of operation (LVO, DG)


Continuous Monitoring

EASA Enforcement measures:limitation, suspension, revocation,proposition of fines

Performance based file review period between 12 and 48 monthsAd-hoc investigations as necessary (event based)

An on-site audit is required prior to reinstating an authorisation after suspension or revocation.


Relation to the EU Safety List

The European Commission continuesto be in charge of of the EU Safety List(Reg EC 2111/2005).The EASA TCO authorisation scheme followsa „white list“ principle and complements theEU safety list.Close coordination will be in place between the European Commission and EASA, supported by harmonized working procedures.Operators subject to an EU operating ban may apply for a TCO Authorisation. Depending on the circumstances the case will be coordinated with the European Commission An on-site audit may be required


EASA TCO Authorisation

TCO transition phase

Part-TCO is estimated to enter into force around March 2014.The rule will be introduced with a 30 months transition periodAll operators currently flying to the EU can continue to do so, but must apply for a TCO authorisation within 6 months following the the date of entry into forceIn the following 24 months EASA will process the operators who have applied

Transition phase 30 months

Application phase

24 months

Authorisation phase

6 months

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EASA TCO Authorisation

TCO transition phase

During the transition phase, „new“ operators who have neverflown to the EU, apply for traffic rights with the EU Member State(s) concernedThe EU Member State will notify EASAEASA will contact the operator and ensure that the TCO authorisation process is initiated

Transition phase 30 months

Application phase

24 months

Authorisation phase

6 months

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What air operators should do

Analyse the own network with regard to applicabilityof Part-TCO (e.g. European Overseas Territories)

VisitDownload the draft TCO rules and subscribe to the„TCO Latest News“ feature

Once TCO has entered into force, apply within 6 months for a TCO Authorisation

An operarator who fails to aply within 6 months after Part-TCO has entered in to force may face the risk ofdisruption of the operaton

http://easa.europa.eu/TCO


Non-scheduled Flights - one-off notification

A third country operator may perform air ambulance flights or a non-scheduled flight or a series of non-scheduled flights to overcome an unforeseen, immediate and urgent operational need without first obtaining an authorisation, provided that the operator:

notifies the Agency prior to intended date of the first flight;is not subject to an operating ban under Reg(EC) No 2111/2005;applies for an authorisation within 10 working days after the date of notification to the Agency pursuant to TCO.300.The flight(s) specified in the notification may be performed for a maximum period of six consecutive weeks after the date of notification or until the Agency has taken a decision on the application for a TCO authorisation, whichever comes sooner . A notification may be filed only once every 24 months by an operator.

The ad-hoc provision has several limitations. Therefore operators should prefer to apply for a TCO

authorisation in the first place.


Key Messages

1. TCO Authorisation based on EASA‘s confidence into the foreign AOC2. Validation of foreign AOC within scope of operations specifications

(not another certification of the operator)3. Prerequisite for TCO to exercise traffic rights / entry permits4. Confidence-based assessment based on ICAO Standards (not EU

rules)5. Enforcement (limitation, suspension, revocation or the proposition of

fines) 6. Transitional measures to ensure continuity of air traffic7. Entry into force: Tentatively planned for March 20148. Close coordination with the EU Safety list mechanism9. Foreign operators/stakeholders should monitor Part-TCO and

subscribe to TCO latest news updates onhttp://easa.europa.eu/TCO


Authorisation ofthird-country operators (TCO)

Thank you.

EASA Third Country Operators Section

Documents

Authorisation of Third Country Operators (TCO) · PDF fileDisclaimer EASA is preparing for the implementation of Part-TCO. The draft Part-TCO is awaiting scrutiny by the European Parliament