ART.235 Limitation, suspension and revocation of authorisations

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

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](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32005R2111). (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)](#_DxCrossRefBm947570927) 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](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32005R2111). #### 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](https://eur-lex.europa.eu/eli/reg/2005/2111/oj). (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](#_DxCrossRefBm154916730)(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.