What conditions must the Agency be satisfied with before issuing a third-country operator authorisation?

The Agency must be satisfied that the operator holds a valid air operator certificate or equivalent document with associated operations specifications, is authorised by its State to operate into the European Union, and has established compliance with applicable Part-TCO requirements, transparent and timely communication for any further assessment or audit, and timely successful corrective action for any identified non-compliance.

Can the Agency issue a third-country operator authorisation if the operator is subject to an operating ban?

No. The applicant must not be subject to an operating ban under Regulation (EC) No 2111/2005.

What oversight concerns could prevent the Agency from issuing a third-country operator authorisation?

The Agency cannot issue the authorisation when there is evidence of major deficiencies in the ability of the State of the operator or, where applicable, the State of registry to certify and oversee the operator or aircraft in accordance with applicable International Civil Aviation Organization standards.

Must all non-compliance findings be closed before a third-country operator authorisation is issued?

Yes. Any non-compliance finding raised during the assessment must have been closed before the authorisation is issued.

How long is a third-country operator authorisation issued for, and what does the Agency specify?

The authorisation is issued for an unlimited duration. The Agency specifies the privileges and the scope of activities that the third-country operator is authorised to conduct.

What changes to third-country operator obligations may be agreed without prior approval?

The Agency and the third-country operator agree on the scope of changes to the operator's obligations that do not require prior approval, taking into account the size, type and complexity of the operation.

ART.210 Issue of an authorisation

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ART.210 Issue of an authorisation

Regulation (EU) 2023/659

(a) The Agency shall issue the authorisation, when:

(1) it is satisfied that the third country operator holds a valid AOC or equivalent document and associated operations specifications issued by the State of the operator;

(2) it is satisfied that the third country operator is authorised by the State of the operator to conduct operations into the EU;

(3) it is satisfied that the third country operator has established:

(i) compliance with the applicable requirements of Part-TCO;

(ii) transparent, adequate and timely communication in response to a further assessment and/or an audit of the Agency, if applicable; and

(iii) a timely and successful corrective action submitted in response to an identified non-compliance, if any;

(4) there is no evidence of major deficiencies in the ability of the State of the third country operator or the State of registry, as applicable, to certify and oversee the third country operator and/or aircraft in accordance with the applicable ICAO standards;

(5) the applicant is not subject to an operating ban pursuant to Regulation (EC) No 2111/2005; and

(6) any non-compliance finding raised during the assessment has been closed.

(b) The authorisation shall be issued for an unlimited duration.

The Agency shall specify the privileges and the scope of the activities that the third country operator is authorised to conduct.

(c) The Agency shall agree with the third country operator the scope of changes to the third country operator obligations not requiring any prior approval taking into consideration the size, type and complexity of the operation.

Details

Source-Title: ART.210 Issue of an authorisation View latest amendments

Erulesid: ERULES-1963177438-14411 Compare versions

Domain: Third country operators

Applicabilitydate: 11 April, 2023

Entryintoforcedate: 11 April, 2023

Regulatorysource: Regulation (EU) 2023/659 Navigate

Regulatorysubject: Part-ART

Typeofcontent: DR (Delegated rule)

Origin: EASA

Category: EAR