ART.215 Monitoring

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

ART.215 Monitoring Regulation (EU) 2023/659 (a) The Agency shall assess: (1) continued compliance of third country operators it has authorised with the applicable requirements of [Part-TCO](#_DxCrossRefBm947570887); (2) if applicable, the implementation of corrective actions mandated by the Agency in accordance with Article 76(6) of [Regulation (EU) 2018/1139](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32018R1139). (b) This assessment shall: (1) take into account safety relevant documentation and data provided by the third country operator; (2) take into account relevant information on the safety performance of the third country operator, including ramp inspection reports, information reported in accordance with ARO.RAMP.145(c), recognised industry standards, accidents records and enforcement measures taken by a third country; (3) take into account relevant information on the oversight capabilities of the State of the operator or State of registry, as applicable, including the outcome of audits carried out under international conventions or State safety assessment programmes; (4) take into account decisions and investigations pursuant to [Regulation (EC) No 2111/2005](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32005R2111) or joint consultations pursuant [Regulation (EC) No 473/2006](https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006R0473); (5) take into account previous assessments or audits, if carried out; and (6) provide the Agency with the evidence needed in case further action is required, including the measures foreseen by [ART.235](#_DxCrossRefBm947570912). (c) The scope of monitoring defined in (a) and (b) shall be determined on the basis of the results of past authorisation and/or monitoring activities. (d) Where, based on available information, the safety performance of the third country operator and/or the oversight capabilities of the State of the operator or the State of Registry are suspected to have decreased below the applicable standards contained in the Annexes to the Convention on International Civil Aviation, the Agency shall submit the affected third country operator to intensified surveillance. The Agency shall take any necessary measures to ensure that the third country operator’s intended operation will be conducted in compliance with the applicable requirements of [Part-TCO](#_DxCrossRefBm947570887). These measures may include: (1) an audit of the third country operator in accordance with point [ART.205(d)](#_DxCrossRefBm947570927); (2) a requirement for the third country operator to submit reports or tailored technical information to the Agency at regular intervals; (3) a temporary limitation of the operation to the third country operator’s current fleet and/or scope of commercial air transport operations into, within or out of the territory subject to the provisions of the Treaties. (e) The Agency shall collect and process any safety information deemed relevant for monitoring. #### ART.215 Monitoring *Regulation (EU) 2023/659* (a) The Agency shall assess: (1) continued compliance of third country operators it has authorised with the applicable requirements of [Part-TCO](#_DxCrossRefBm154916692); (2) if applicable, the implementation of corrective actions mandated by the Agency in accordance with Article 76(6) of [Regulation (EU) 2018/1139](https://eur-lex.europa.eu/eli/reg/2018/1139/oj). (b) This assessment shall: (1) take into account safety relevant documentation and data provided by the third country operator; (2) take into account relevant information on the safety performance of the third country operator, including ramp inspection reports, information reported in accordance with ARO.RAMP.145(c), recognised industry standards, accidents records and enforcement measures taken by a third country; (3) take into account relevant information on the oversight capabilities of the State of the operator or State of registry, as applicable, including the outcome of audits carried out under international conventions or State safety assessment programmes; (4) take into account decisions and investigations pursuant to [Regulation (EC) No 2111/2005](https://eur-lex.europa.eu/eli/reg/2005/2111/oj) or joint consultations pursuant [Regulation (EC) No 473/2006](https://eur-lex.europa.eu/eli/reg/2006/473/oj); (5) take into account previous assessments or audits, if carried out; and (6) provide the Agency with the evidence needed in case further action is required, including the measures foreseen by [ART.235](#_DxCrossRefBm154916715). (c) The scope of monitoring defined in (a) and (b) shall be determined on the basis of the results of past authorisation and/or monitoring activities. (d) Where, based on available information, the safety performance of the third country operator and/or the oversight capabilities of the State of the operator or the State of Registry are suspected to have decreased below the applicable standards contained in the Annexes to the Convention on International Civil Aviation, the Agency shall submit the affected third country operator to intensified surveillance. The Agency shall take any necessary measures to ensure that the third country operator’s intended operation will be conducted in compliance with the applicable requirements of Part-TCO. These measures may include: (1) an audit of the third country operator in accordance with point [ART.205](#_DxCrossRefBm154916730)(d); (2) a requirement for the third country operator to submit reports or tailored technical information to the Agency at regular intervals; (3) a temporary limitation of the operation to the third country operator’s current fleet and/or scope of commercial air transport operations into, within or out of the territory subject to the provisions of the Treaties. (e) The Agency shall collect and process any safety information deemed relevant for monitoring.