ART.205 Initial evaluation procedure - third country operators subject to an operating ban

• Regulation (EU) 2023/659 found in: Third Country Operators (452/2014) Part-TCO Part-ART (Apr 2023)

ART.205 Initial evaluation procedure – third country operators subject to an operating ban Regulation (EU) 2023/659 (a) Upon receiving an application for an authorisation from the third country operator subject to an operating ban or an operational restriction pursuant to [Regulation (EC) No 2111/2005](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32005R2111), the Agency shall take into account the scope of the ban in order to define the relevant assessment procedure, as described in point [ART.200](#_DxCrossRefBm947570906). When the third country operator is subject to an operating ban covering the entire scope of its operations, the assessment shall include an audit of the third country operator. (b) When the operator is subject to an operating ban due to the State of the operator not performing adequate oversight, the Agency shall inform the Commission for further assessment of the operator and the State of Operator under [Regulation (EC) No 2111/2005](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32005R2111). (c) The Agency shall perform an audit only if: (1) the third country operator agrees to be audited; (2) the outcome of the initial evaluation procedure referred to in point [ART.200](#_DxCrossRefBm947570906) indicates that there is a possibility that the audit will have a positive result; and (3) the audit can be performed at the third country operator’s facilities without the risk of compromising the safety and security of the Agency’s personnel. (d) The audit of the third country operator may include an assessment of the oversight conducted by the State of the operator when there is evidence of major deficiencies in the oversight of the applicant. (e) The Agency shall inform the Commission of the results of the audit. #### ART.205 Initial evaluation procedure – third country operators subject to an operating ban *Regulation (EU) 2023/659* (a) Upon receiving an application for an authorisation from the third country operator subject to an operating ban or an operational restriction pursuant to [Regulation (EC) No 2111/2005](https://eur-lex.europa.eu/eli/reg/2005/2111/oj), the Agency shall take into account the scope of the ban in order to define the relevant assessment procedure, as described in point [ART.200](#_DxCrossRefBm154916710). When the third country operator is subject to an operating ban covering the entire scope of its operations, the assessment shall include an audit of the third country operator. (b) When the operator is subject to an operating ban due to the State of the operator not performing adequate oversight, the Agency shall inform the Commission for further assessment of the operator and the State of Operator under Regulation (EC) No 2111/2005. (c) The Agency shall perform an audit only if: (1) the third country operator agrees to be audited; (2) the outcome of the initial evaluation procedure referred to in point ART.200 indicates that there is a possibility that the audit will have a positive result; and (3) the audit can be performed at the third country operator’s facilities without the risk of compromising the safety and security of the Agency’s personnel. (d) The audit of the third country operator may include an assessment of the oversight conducted by the State of the operator when there is evidence of major deficiencies in the oversight of the applicant. (e) The Agency shall inform the Commission of the results of the audit.