What conditions must remain satisfied for a third-country operator authorisation to stay valid?

The third-country operator must remain compliant with the relevant Part-TCO requirements, including the provisions on handling findings under TCO.325; its AOC or equivalent document and related operations specifications, if applicable, must remain valid; the Agency must have access to it under TCO.115; it must not be subject to an operating ban under Regulation (EC) No 2111/2005; the authorisation must not be surrendered, suspended or revoked; it must be able to substantiate its intention to continue operations under the authorisation upon request; and it must operate at least one aircraft under the authorisation.

Does continued compliance with Part-TCO affect the validity of a third-country operator authorisation?

Yes. The authorisation remains valid only while the third-country operator remains in compliance with the relevant requirements of Part-TCO, taking into account the provisions on handling findings under TCO.325.

Can an authorisation remain valid if the operator is subject to an operating ban?

No. Continued validity requires that the third-country operator is not subject to an operating ban pursuant to Regulation (EC) No 2111/2005.

What operational activity is required to maintain the validity of a third-country operator authorisation?

The third-country operator must operate at least one aircraft under its TCO authorisation.

What must a third-country operator do before recommencing operations if its authorisation has become invalid?

It must obtain a new authorisation from the Agency before recommencing operations into, within or out of the territory subject to the provisions of the Treaties.

What must be included in an application for a new authorisation after an existing authorisation becomes invalid?

The operator must apply in the form and manner established by the Agency and provide any document necessary to show that the reasons for the authorisation becoming invalid are no longer present and that the operator complies with the Part-TCO requirements for obtaining authorisation.

TCO.320 Continued validity

Q: What access must a third-country operator provide for its authorisation to remain valid?

The Agency must be granted access to the third-country operator as specified in TCO.115.

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TCO.320 Continued validity

Regulation (EU) 2023/659

(a) The authorisation shall remain valid subject to:

(1) the third country operator remaining in compliance with the relevant requirements of Part-TCO. The provisions related to the handling of findings, as specified under TCO.325, shall also be taken into account;

(2) the validity of the AOC or equivalent document issued by the State of the operator and the related operations specifications, if applicable;

(3) the Agency being granted access to the third country operator as specified in TCO.115;

(4) the third country operator not being subject to an operating ban pursuant to Regulation (EC) No 2111/2005;

(5) the authorisation not being surrendered, suspended or revoked;

(6) the third country operator being able to substantiate, upon request by the Agency, its intention to continue to conduct operations under its TCO authorisation;

(7) the third country operator operating at least one aircraft under its TCO authorisation.

(b) If the authorisation has become invalid, the third country operator shall obtain a new authorisation from the Agency, prior to recommencing operations into, within or out of the territory subject to the provisions of the Treaties. The third country operator shall apply for the new authorisation in a form and manner established by the Agency and shall provide any document necessary to determine that the reasons for the authorisation to become invalid are no longer present, and that the third country operator complies with the requirements to obtain the authorisation under Part-TCO.

Details

Source-Title: TCO.320 Continued validity View latest amendments

Erulesid: ERULES-1963177438-14391 Compare versions

Domain: Third country operators

Applicabilitydate: 11 April, 2023

Entryintoforcedate: 11 April, 2023

Regulatorysource: Regulation (EU) 2023/659 Navigate

Regulatorysubject: Part-TCO

Typeofcontent: DR (Delegated rule)

Origin: EASA

Category: EAR