What does the Agency do when it receives an application under Article 6?

The Agency performs an eligibility check according to Part-TCO and informs the applicant when the application is accepted for further processing.

How must the Agency handle an application that is found to be non-eligible?

The Agency must reject the application in writing and justify its decision to the applicant.

What coordination is required when an application comes from an operator subject to an operating ban because its State does not provide adequate oversight?

The Agency must take due account of the need to coordinate with the Commission to ensure a consistent approach with Regulation (EC) No 2111/2005 and the requirements of Part-TCO.

Can an applicant without an air operator certificate and associated operations specifications apply for authorisation to operate in territories where the Treaties apply?

No. The Agency must not accept the application if the applicant does not currently possess an air operator certificate and associated operations specifications that entitle the operator to operate in those territories.

When may the Agency accept the formal application from an operator that initially lacks the required certificate and operations specifications?

The Agency may accept the formal application only after the TCO has obtained the necessary approvals from its competent authority.

Article 6 -- Receipt and eligibility of the application

Q: Under what condition may the Agency give an uncertificated applicant access to its web-based software application?

The Agency may give access for information sharing if the applicant provides evidence from its competent authority that certification activity has been initiated and will lead to the operator becoming eligible to apply for a TCO authorisation.

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Article 6 — Receipt and eligibility of the application

MB Decision No 09-2026

1. Upon receipt of an application, the Agency shall perform an eligibility check according to
Part-TCO and inform the applicant when its application is accepted for further processing. In case of non-eligible application, the Agency shall reject it in writing and justify its decision to the applicant.

2. The Agency shall determine how to proceed with each eligible application. When receiving an application from a TCO subject to an operating ban due to the State of the operator not performing adequate oversight, due account shall be taken of the need for coordination with the Commission in order to ensure a consistent approach with Regulation (EC) No 2111/2005 and the requirements of Part‑TCO.

3. When receiving an application from an applicant that is currently not possessing an air operator certificate and associated operations specifications that entitle the operator to operate to territories, where the Treaties apply, then the Agency shall not accept the application. The Agency may however give the operator access to the Agency’s web-based software application for the purpose of information sharing, under the condition that the applicant provides evidence from its competent authority that certification activity has been initiated which will lead to the eligibility of the operator to apply for a TCO authorisation. The Agency shall only accept the formal application after the TCO has obtained the necessary approvals from its competent authority.

Details

Source-Title: Article 6 -- Receipt and eligibility of the application View latest amendments

Erulesid: ERULES-1963177438-20414 Compare versions

Domain: Third country operators

Applicabilitydate: 6 July, 2026

Entryintoforcedate: 6 July, 2026

Regulatorysource: MB Decision No 09-2026 Navigate

Regulatorysubject: MB Decision

Typeofcontent: n/a

Origin: EASA

Category: EAR