When must the Agency take action to limit or suspend a third-country operator authorisation?

The Agency shall take action to limit or suspend the authorisation in case of a level 1 finding; verifiable evidence that the State of operator or State of registry, as applicable, cannot certify and oversee the operator or aircraft in accordance with the applicable International Civil Aviation Organization standard; or the third-country operator being subject to a measure under Article 6(1)(2) of Regulation (EC) No 2111/2005.

Can the Agency limit or suspend an authorisation if the State of operator cannot provide proper certification and oversight?

Yes. The Agency shall take action to limit or suspend the authorisation when there is verifiable evidence that the State of operator or State of registry, as applicable, is not capable of certifying and overseeing the operator or aircraft in accordance with the applicable International Civil Aviation Organization standard.

ART.235 Limitation, suspension and revocation of authorisations

Q: What must the Agency consider when lifting a suspension of a third-country operator authorisation?

The Agency shall consider conducting an audit of the third-country operator when the conditions in point ART.205(c) are met.

Q: What may an audit assess when a suspension resulted from major oversight deficiencies?

When the suspension is due to major deficiencies in the oversight of the applicant by the State of the operator or State of registry, as applicable, the audit may include an assessment aimed at verifying whether those oversight deficiencies have been corrected.

Q: Is authorisation revocation mandatory if a third-country operator becomes subject to an operating ban?

Yes. The Agency shall revoke the authorisation when the third-country operator becomes subject to an operating ban pursuant to Regulation (EC) No 2111/2005.

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ART.235 Limitation, suspension and revocation of authorisations

Regulation (EU) 2023/659

(a) Without prejudice to any additional enforcement measures, the Agency shall take action to limit or suspend the authorisation in case of:

(1) a level 1 finding;

(2) verifiable evidence that the State of operator or State of registry, as applicable, is not capable to certify and oversee the operator and/or aircraft in accordance with the applicable ICAO standard; or

(3) the third country operator being subject to a measure pursuant to Article 6(1)(2) of Regulation (EC) No 2111/2005.

(b) The limitation or suspension shall be lifted when the Agency is satisfied that successful corrective action has been taken by the third country operator and/or the State of the operator or State of registry, as applicable.

(c) In considering the lifting of a suspension, the Agency shall consider conducting an audit of the third country operator when the conditions in point ART.205(c) are met. In case the suspension is due to major deficiencies in the oversight of the applicant by the State of the operator or State of registry, as applicable, the audit may include an assessment with the aim of verifying whether these oversight deficiencies have been corrected.

(d) The Agency may revoke the authorisation when, following a suspension, the third country operator and/or the State of the operator or State of registry, as applicable, have not taken successful corrective action within a maximum period of 12 months.

(e) The Agency shall revoke the authorisation when the third country operator becomes subject to an operating ban pursuant to Regulation (EC) No 2111/2005.

Details

Source-Title: ART.235 Limitation, suspension and revocation of authorisations View latest amendments

Erulesid: ERULES-1963177438-14421 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