EASA TCO Authorisations - egnos-africa.com · SIASA project This project is funded by the European Union and implemented by EASA. EASA TCO Authorisations Federico GRANDINI SAFA/TCO

SIASA project

This project is funded by the European Union and implemented by EASA.

EASA TCO Authorisations

Federico GRANDINISAFA/TCO Coordination Officer

SASO WorkshopMbabane (Swaziland), 3 December 2015

Legal Framework

ICAO Annex 6 Part 1 (and ICAO Doc 8335)

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

Commission Regulation (EU) No 452/2014 of 29 April 2014 (Part-TCO)

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

3 December 2015 SASO Workshop, Mbabane 2

http://www.greekhelicopters.gr/helos/wp-content/uploads/2011/12/EASA.png

http://www.greekhelicopters.gr/helos/wp-content/uploads/2011/12/EASA.png

http://isharesblog.com/wp-content/uploads/2012/07/eu-flag.jpg


Part-TCO Applicability

COMMISSION REGULATION (EU) No 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators

Cover Regulation (scope, definitions, authorisations, entry into force)

Annex 1 – Part-TCO – Applicable to Third Country Operators

Annex 2 – Part-ART – Authority Requirements Third Country Operators

Applicable to:„… any natural person or a legal person holding an air operator certificate (AOC) [or equivalent, issued i.a.w. ICAO Doc 8335] issued in a third country.“

„… operating an aircraft for the purpose of commercial air transport operation within, into or out of the territory subject to the provisions of the Treaties [of the European Union].“

Alleviation for ad-hoc, one-off flights for humanitarian or emergency purposes or unforeseen immediate and urgent operational need

Not applicable to:TCO flying over the EU territory (without landing)


Entry into force



I plan to fly from a non-EU departure airport to a non-EU destination airport andI intend to file a destination alternate airport in the territory of an EASA MemberState. Can I do this without holding a TCO authorisation?

Yes. A third country operator can file an airport located in the territory of anEASA Member State as an alternate airport without holding a TCOauthorisation.

I have an operation outside the EU, and with no plans to fly commercially toEurope. However, our maintenance facility is located in Europe. Will I need a TCOauthorisation when flying there?

No. As long as these flights to and from the maintenance facility are non-commercial (ferry flights).



Do non-scheduled charter operators need a TCO authorisation?

The European TCO authorisation regime does not differentiate betweenscheduled and non-scheduled commercial air transport operations. Allcommercial air transport air operators will need to apply for a TCOauthorisation. However, in the case of unforeseen/emergencycircumstances there is a possibility to start operations to the EU based on aone-off notification without already being issued a TCO authorisation.However, an application for TCO authorisation must be submitted withinten (10) days of such notification.

Note: Initiating an operation using the one-off notification procedure is limitedto justifiable requirements, up to a maximum of six (6) consecutive weeks, andcan be used by every operator only once within a 24 month period. Operatorswith a potential need of operating to the EU at some time in the near future areadvised to apply for a TCO authorisation in due course, even when the date ofoperations is unknown.


The EU Aviation Safety System - TCO

National Aviation Authorities

Issue operating permits on the basis ofTCO authorisations

Perform SAFA ramp inspections

European

Aviation Safety

Agency EASA

European

Commission

Adopt TCO Implementing Rule

Manage EU Air Safety List

Coordinate ramp inspection programme

Issue TCO Authorisations

Third CountryOperators


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 for EU Member States to grant operating permits

„One stop shop“ principle

28 EU Statesto include a number of

European Overseas Territories

+4 EFTA states


TCO Framework

Basic Regulation

• Reg. No 216/2008

TCO Regulation

• Reg. No 452/2014

TCO Procedure

• MB Decision 01/201

Working Procedures

• ARIS

EU Air Safety List

• Reg. No 2111/2005

03/12/2015 SASO Workshop, Mbabane 9

Economic aspect of the approval

The authorisation issued by EASA will be a prerequisite for EU Member States to grant operating permits since 26/11/2016

EASA is taking over the safety-related part only => EASA becoming a service-provider for its MS to perform the safety assessments (initial + continuous)

However, during the transition period MS are still entitled to perform safety assessments on those operators which have not yet been processed by EASA under Part-TCO

Operating permits/commercial traffic rights will continue to be issued by the MS

103 December 2015 SASO Workshop, Mbabane

Authorisation – Principles

TCO Applicant: demonstrate ICAO compliance to EASABy means of questionnaire(s), evidence and declarations

EASA: issue TCO Authorisation in the absence of any significant safety concern pertaining to the State of Operator; and

when EASA has established confidence into the AOC of the applicant

Therefore, EASA TCO Authorisations will be a validation of the underlying AOC,

not exceeding the privileges of the AOC holder approved by its competent authority

TCO Authorisation:issued with unlimited duration (non-expiring)

Specifies privileges and scope in associated TCO Specifications

changes to specifications require prior re-authorisation by EASA


TCO Implementation

26 May 2014 Part-TCO Entry into force

26 Nov 2014end of application phase

2 July 2015First TCO Authorisations issued

26 Nov 2016transition ends;all 700 applications processed


Service Standard (after the transition period)

ART.200 Initial evaluation procedure — general

Initial evaluation should be completed by the Agency within 30 days after receipt of the application or 30 days before the intended starting date of operation, whichever is the later

Application must include all information, documents, records as requested by EASA.

Where the assessment requires further assessment or an audit, the assessment period is extended for the duration of further assessment or the audit, as appropriate.

Alleviation for specific non-scheduled flights – one-off notification (TCO.305)






Audits

On-site audits under TCO will be limited and not normally be performed during the initial evaluation procedure

Audits under Part-TCO will only be considered:during initial assessment for applicants subject to an EU operating ban; or

for the validation of corrective actions when EASA has taken enforcement action (i.e., suspension of a TCO authorisation).


TCO Web Interface

EASA IT has developed a web-based, secure software application

Serves as sole communication platform between EASA + TCO

Contains all relevant TCO data + technical questionnaires

List of authorised TCO

Non-European aviation authorities can access data of ‚their‘ operators

EU NAAs + SAFA inspectors have access to all data of authorised TCOs


TCOs that code-share with EU carriers

Holding a TCO authorisation does not exempt from code-share requirements of Regulation (EU) No 965/2012:

• Continuous compliance of the code-sharing TCO with the applicable ICAO Standards will be performed on the basis of an approved code-share audit programme [AMC1 ORO.AOC.115(b)]

• Audits can be performed either by the EU operator itself or a third party provider (which refers to the possibility of using industry standards such as IOSA) [AMC2 ORO.AOC.115(b)]

• The audit will focus on the operational, management and control systems of the TCO [AMC1 ORO.AOC.115(a)(1)]

• When the TCO code-share partner operates to the EU it will also need a TCO Authorisation – same applies when the EU carrier wet leases-in a TCO for flight to the EU


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Leasing agreements – Dry-lease

EU carrier dry-leasing in aircraft registered in a Third Country:

Regardless of the area of operation (within/outside EU),EU operator to demonstrate [ORO.AOC.110(d)] that:

operational need cannot be satisfied by leasing-in EU aircraft

duration of the dry-lease-in period does not exceed 7 months in any 12 consecutive month period

Third Country aircraft is in compliance with applicable requirements of Regulation 2042/2003

Competent authority to approve lease agreement when satisfied [ARO.OPS.110]

Approval of the lease agreement to be suspended or revoked whenever the CoA of the leased-in Third Country aircraft is suspended or revoked [ARO.OPS.110]

No need for TCO authorisation, since the Third Country aircraft will be operated by the EU carrier

SASO Workshop, Mbabane

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Leasing agreements – Wet-lease

EU carrier wet-leasing in aircraft of a TCO:

Regardless of the area of operation (within/outside EU),EU operator to demonstrate [ORO.AOC.110(c)] that :

TCO holds a valid AOC issued in accordance with ICAO Annex 6

TCO safety standards are equivalent to applicable requirements of Regulations 2042/2003 and 965/2012

TCO aircraft have a standard CoA issued in accordance with ICAO Annex 8

Competent authority to approve lease agreement when satisfied that EU operator complies with ORO.AOC.110(c) [ARO.OPS.110]

Approval of the lease agreement to be suspended or revoked whenever [ARO.OPS.110]:

AOC of the lessor or lessee is suspended or revoked

TCO-lessor subject to an operating ban pursuant to 2111/2005

Only if the TCO is operating within the EU

TCO authorisation

SASO Workshop, Mbabane

Coordination with EU Air Safety List

EASA

TCO Autorisation

(Reg. 452/2014)

European Commission

EU Air Safety List

(Reg. 2111/2005)

Complement each other for protecting

EU citizens from using unsafe air carriers

worldwide




http://easa.europa.eu/

http://easa.europa.eu/

Operators subject to an operating ban

Operators subject to an operating ban or restrictions pursuant to Regulation2111/2005 (EU Safety list) are eligible to apply for a TCO authorisation.

The authorisation process will require the conduct of an audit at theoperational premises of the operator.

Once EASA has finished its assessment, it will present the results to theEuropean Commission for consideration. => EASA cannot issue anauthorisation until and unless the European Commission has lifted theoperating ban under the Safety list Regulation.

When an operator is subject to an operating ban due to the State of theoperator not performing adequate oversight, EASA must coordinate with theEuropean Commission before processing the application for a TCOauthorisation.


Key Messages

1. Assessment against ICAO Standards (and not against EU rules)

2. Determined by EASA‘s confidence in a foreign AOC

3. Validation of foreign AOC within scope of operations specifications

4. Member States continue to issue operating permits

5. Entry into force: 26 May 2014

6. Application deadline for TCO already operating to the EU: 26 November 2014

7. End of TCO transition period: 26 November 2016

8. No fees

9. TCO Web Interface for all communications

10. Two-step application: 1) administrative, then 2) technical questionnaire

11. Further assessment may be required (additional questionnaire, consultation, meeting in Cologne)

12. TCO website with comprehensive FAQ section:

http://easa.europa.eu/TCO


http://ec.europa.eu/transport/air_portal/index_en.htm

http://ec.europa.eu/transport/air_portal/index_en.htm

TCO transition period

Part-TCO has entered into force on 26 May 2014

It is introduced with a 30 months transition period

All operators currently flying to the EU or holding an operating permit can continue to do so, but had to apply for a TCO authorisation within 6 months following the date of entry into force (=before 26 Nov. 2014)

In the following 24 months EASA will process the applications of operators who have applied

Operators must continue to apply to EU Member States for operating permits

Transition period 30 months

Application phase

24 months

Authorisation phase

6 months


Note to Operators

For operators applying after the deadline of 26 November 2014, EASA cannot ensurethat the TCO authorisation will be issued within the transition period.

The application is considered to be complete when all relevant information and alloperational data have been submitted to EASA via the dedicated TCO web-interface.

It is in the best interest of operators to apply for a TCO authorisation at earliestconvenience.

It is at the discretion of EASA, when it starts the authorisation process during thetransition period.

Operators must keep their data current at all times using the TCO web-interface inorder to ensure that EASA has the correct information when the authorisationprocess starts.


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Approximately 900 third country operators from more than 100 States

TCOs with only one aircraft and operators with almost 300 aircraft

TCOs with one flight per year up to 10´000 flights per year

It is at the discretion of EASA to prioritise the applications received

Source: Eurocontrol0

20

40

60

80

100

120

0 100 200 300 400 500 600 700 800 900

% o

f p

op

ula

tio

n

Traffic volume ranking

The TCO population

SASO Workshop, Mbabane3 December 2015

Applications received vs authorisations issued


Current status of Authorisation Panels

TCO authorisation issued 102

including authorisations with limitation(s) 12

Changes to Specifications 11

Total of 720 applications received


I plan to fly commercially from Africa to North America and I want to fly overEurope without landing. Is a TCO authorisation required?

No. A TCO authorisation is not required for merely flying over Europe.

I plan to fly commercially from Africa to North America and a technical fuel stopis required at a European airport. Is a TCO authorisation required?

Yes. A TCO authorisation is required for all commercial air transport flightsto/from European airports (including certain EU overseas territories).

I am a company frequently involved in aerial work in Europe. Do I have to applyfor a TCO authorisation in order to do this?

No. Aerial work does not fall under Part-TCO. For activities which do not fallunder Commercial Air Transport, as covered in ICAO Annex 6, operators haveto apply for permission with the concerned Member State.


Operators vs aircraft authorised


EU Member State responsibilities

For Operators not holding an EASA TCO Authorisation, during the transition period, the Member State will retain the following responsibilities:

• Maintain the current national procedures in place for issuing operating permits, including safety assessments, where applicable

• Inform EASA of every new operating permits issued

This is valid for:

• Operators already flying into, from or out of the Community without EASA TCO Authorisation, and

• New operators

SASO Workshop, Mbabane 303 December 2015

… during the transition period

For Operators holding an EASA TCO Authorisation, the MS will:

1. Continue to issue Operating Permits based on the TCO Authorisation

2. Discontinue current national safety assessments in place for issuing operating permits, where applicable

3. Discontinue additional DG authorisations where applicable(except for exemptions and specific approval as specified in the ‘DG Technical Instructions (ICAO Doc 9285)

4. Continue to deliver local authorisation like steep approach, airport minima, enhanced vision equipment…


… during and after the Transition Period



For Operators not holding an EASA TCO Authorisation after the transition period, the Member State will:

1. Direct the Operator to EASA in order to apply for a TCO Authorisation and/or a ‘one-off’ notification,

2. The Member State will not issue an operating permit without:

Valid TCO Authorisation number, or

Valid proof of ‘one-off’ notification to EASA


… after the transition period

TCO Authorisation Process


Access to application form

34SASO Workshop, Mbabane3 December 2015

EASA

Website

Application for Third Country Operators

FO.TCO.00160.002 -Application for TCO Authorisation

1.

2.

Registration

1. Administrative application (application form, AOC, Ops Specs & certificate of incorporation) –

Minimum 30 days prior start of the operations

No fees are foreseen in the TCO authorisation process

2. Upon acceptance of the administrative application, EASA grants access to the web-interface for:

Online technical questionnaire(s) and files upload,

Communication platform,

Producing the public website containing a list of all authorised operators

3. When the questionnaire is fully completed and submitted, EASA will determine if a further assessment of the operator is necessary, in such case the process may exceed 30 days


36

Risk-based approach

Lack of confidence into operator

Lack of confidence

into State of the Operator

Interview (Cologne)

Desktop review

Consultation

(e.g. video/tele-

conference, meeting)

EASA‘s data driven model serves as a tool to decide upon the level of scrutiny to be applied in the process

However, the model will never decide upon the authorisation itself

On-site audits are not foreseen in the standard process


TCO Questionnaires

Two types of questionnaires will be used during the TCO authorisation process:

1. Basic Operator Data (BOD) used for all Operators:

• Developed based on existing national procedures currently used in/out of EU

• The BOD is contains 5 parts:/Helicopters

2. Additional Operator Data (AOD) used for limited amount of Operators:

• Provides better understanding when further assessment is necessary,

• Defines the scope of assessment for future consultation and/or interview

• The AOD is made of 3 parts: Operations, Maintenance and Safety

Note: Both BOD and AOD are available in electronic format (TCO web-interface)


Applications submitted during the transition period between 26 May 2014 and 25 November 2016

When the application has been found eligible for a TCO authorisation the applicant will receive a document called “Acceptance of your application”. In a separate message the operator will receive a username and password for access to the TCO web-interface (https://tco.easa.europa.eu/). The TCO web-interface is used for all correspondence in the TCO application process.

It is at the discretion of the Agency at what point in time during the transition period the application is processed. It is not necessary to ask EASA about the status of the application. EASA will approach the applicant in due course.

The operator must ensure that its data submitted via the TCO web-interface is current at all times, in particular with respect to fleet information.

Until EASA decides about the application, the operator shall continue to follow national procedures of EU Member States with respect to obtaining operating permits for flights to the EU.


Assessment criteria

No EU-rules

TCO applicant demonstrates ICAO compliance to the relevant standards (not recommended practices) from:

Annex 1 (Personnel Licensing)

Annex 6, Parts I/III (Commercial Operations)

Annex 8 (Airworthiness of Aircraft)

Annex 18 (Dangerous Goods)

Annex 19 (Safety Management)

EASA can raise findings (level 1 and 2)

An authorisation can only be issued in the absence of Level 1 findings


(2) Operations

(3) Safety Management

(1) Airworthiness

TCO Authorisation and specifications

Upon completion of the process, EASA will issue a TCO Authorisation

The authorisation is accompanied by TCO Specifications associated to the TCO Authorisation (one per fleet), which:

contains details of the authorised operation (e.g. DG, LVO), and

will never exceed the privileges granted by the operator’s competent authorities

The operator will be placed on a public list of authorised operators

The TCO authorisation bears no expiration date, however

It becomes 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…

EASA will perform periodic file reviews at intervals not exceeding 24 months. The interval maybe increased under certain conditions.

EASA may perform ad-hoc investigations upon receipt of safety information

The operator is responsible to keep relevant information current at all time via the TCO web-interface

e.g. fleet, accidents, management personnel


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Changes requiring prior authorisation

Any change […], affecting the terms of an authorisation or associated specifications shall require prior authorisation by the Agency.(e.g. new fleet, new scope of approval)

The application for prior authorisation by the Agency shall be submitted by the Third Country Operator at least 30 days before the date of implementation of the intended change (via the TCO web-interface).

Implementing changes that require prior authorisation before having obtained the authorisation may lead to enforcement action

Changes not requiring prior authorisation

shall be notified to the Agency before the change takes place (via the TCO web-interface)(e.g. new individual aircraft added to an existing fleet with same ICAO type designator and same equipment)

Failure to notify EASA where necessary may lead to enforcement action

Changes


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Changes – Requirements for TCOs


44

Changes – Authority requirements


45

Enforcement

Two levels of findings (ART.230):Level 2: non-compliance

Level 1: significant non-compliance

EASA will take enforcement action to suspend or limit the authorisation:in case of a level 1 finding; or

when any significant safety concern exists for the State of Operator.

Prior to reinstating a suspended authorisation, EASA shall conduct an audit of the authorisation holder.

EASA will revoke an authorisation if it has been suspended for 6 months.However, in case of justified reasons the Agency may extend the suspension period by another 3 months after the end of the 6 months period.


EASA appeal process

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Possibility to appeal against EASA decision Art. 44 BR

Interlocutory Revision by EASA Executive Director Art. 47 BR

if admissible + well founded: ED may rectify decision; Art. 47(1) BR

if not rectified: ED shall remit appeal to Board of appeal (BoA) Art. 47(2) BR

Examination of appeal by BoA (written + oral part)

Art. 48 (1) BR

Decision BoA

Art. 49 (1) BR

EASA

ED

DEADLINES

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peal

Possibility for action before the European Court of Justice Art. 50 BR

ECJ

Third Country Operators have the possibility to appeal against EASA decisions.


Application procedure overview

Eligibility check

TCO Code allocation => ABC-0001

(unique identifier)

Registration in TCO Application

• Authorisation issued

EASA.TCO.ABC-0001.01

+ TCO Specifications

ASSESSMENT

TCO

APPLICATION

RESTRICTED

TCO authorised operators

- AOC Name

- TCO Auth.Nr

+ TCO Specifications

Publication on

TCO APPLICATION

PUBLIC

TCO authorised operators

- AOC Name

- TCO Auth.Nr

Applicant => Login to TCO Application


TCO Web-Interface

The TCO application has been developed to provide online access to:

• Selected type of users (EASA, TCO’s, EU Commission, NAA’s),

• Collect information (BOD, AOD and attachments) from the operators,

• Provide a public list of Authorised TCO’s to external stakeholders, and

• Serve as Communication channel between EASA and the operators.

User types:

• 1 Master User, and Staff Member User(s)

• Both types of users have access to the same information.

Master User:

o Generated by EASA, based on the TCO Authorisation application form,

o Creates staff user(s),

o May assign section(s) of the BOD and AOD to staff users, and

o Submits the BOD and AOD when complete for review.

Staff User:

o Read access to BOD/AOD,

o Edit/Save rights when assigned to section(s) of AOD/BOD

o No submission of AOD/BOD


TCO Web-Interface – Basic Operator Data form

49

The basic data of your company is organised in 5 tabs:

As long as the data entry is not complete for all mandatory fields you can save the current status at any time.

1. In case you try to submit the data before completing the entire questionnaire you will have an error message.

2. Only the Master User has the authority to submit the questionnaire

Master User can assign previously registered users for entering data in different sections of the questionnaire.

Add and review comments as well as reply to them:This might be used as a communication tool between EASA and the individual TCO Operator

Errors and omissions will be highlighted by red fields.


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Ad-hoc flights – one-off notification

TCO may perform flights for humanitarian or emergency purposes or to overcome an unforeseen, immediate and urgent operational need without an authorisation, provided that the operator:

Notifies EASA prior to intended date of first flight;

is not subject to EU operating ban; and

applies for TCO Authorisation within 10 working days after notification.

However:Flights may be performed for a maximum of 6 consecutive weeks (or until EASA has decided on TCO Authorisation, whichever sooner); and

Such notification is not renewable and may be filed only once by an operator within any 24 months!

SASO Workshop, Mbabane3 December 2015

Ad-hoc flights – one-off notification

One-off flight notification

Acknowledgement receipt

(unique notification number)

= proof of application

Entry permit application

to MS

EASA

Website


This provision will only become applicable after the end of the TCO transitionperiod.

Operator cannot build their operation on ad-hoc notifications. Instead alloperators intending to fly to Europe should always prefer to apply for a TCOauthorisation.

52

MS Actions – Ramp inspections

Member States (EU 28 + Iceland, Norway and Switzerland) should check that the incoming TCO:

has been issued with an authorisation under Part-TCO, and that it has not been suspended or revoked; also, they should check that the operations performed are within the scope of the activities that the TCO is authorised to conduct (as specified in the specifications attached to the authorisation),

or

if no TCO authorisation has been issued, that it has duly filed a one-off notification to the Agency under TCO.305 – in case of air ambulance flights or a non-scheduled flight or a series of non-scheduled flights and to overcome an unforeseen, immediate and urgent operational need

The issuance and validity check of the TCO authorisation should be performed before the actual inspection of the aircraft starts, by consulting the TCO web-interface, since there is no obligation to carry a copy of it on board. One-off notifications will be made available by the Agency to the EASA States within one working day after receipt of the notification.

Part-TCO foresees a transitional period ending on 25/11/2016 during which operators may continue to fly to the States for which they hold a national permit, until the Agency has taken a decision on that operator.

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MS Actions – Ramp inspections (PDFs)

The inspection instructions on the categorisation of findings identified during SAFA inspections offers two new PDFs under item “A10 – AOC or equivalent”:

Third Country Operator not holding a valid TCO Authorisation (operations to/from/within EU) – cat. 3

and

Third Country Operator performing operations not in accordance with the operations specifications associated to the TCO Authorisation (operations to/from/within EU), cat. 3

In both cases, restrictions on the aircraft flight operation (Class 3a action) should be imposed => non-commercial flight to the home base

SIASA project

This project is funded by the European Union and implemented by EASA.

Thank you.

http://easa.europa.eu/[email protected]

Documents

EASA TCO Authorisations - egnos-africa.com · SIASA project This project is funded by the European Union and implemented by EASA. EASA TCO Authorisations Federico GRANDINI SAFA/TCO