Article 15 -- Enforcement

• MB Decision No 01-2023 found in: Third Country Operators (452/2014) Part-TCO Part-ART (Apr 2023)

MB Decision No 01-2023 Article 15 – Enforcement 1. In accordance with [ART.235](#_DxCrossRefBm947570912), to the extent not already otherwise established by equivalent policies and procedures, the Agency shall establish and maintain procedures for taking enforcement action in respect of TCO Authorisation holders. 2. The TCO Authorisation Panel shall decide on the requirement for intensified surveillance pursuant to [ART.215(d)](#_DxCrossRefBm947570929). When taking the decision, the authorisation panel shall decide on the appropriate measures, taking into consideration the nature of the safety concerns, the presence of non-compliance findings, the confidence into the State oversight capabilities, the size and complexity of the operation and the exposure to the European citizen. The Agency shall inform the operator about the measures taken under the umbrella of intensified surveillance and shall notify the State of the Operator and the State of Registry as applicable. Furthermore, the Agency shall inform the operator under which circumstances the intensified surveillance can be terminated. 3. When a TCO Authorisation shall be limited, suspended, or revoked, the Agency shall notify by letter the TCO Authorisation holder of its decision and the reasons therefore. This letter shall refer to the possibility for appeal as specified in Articles 108 to 114 of the Basic Regulation. 4. The Agency shall determine if and when a suspended authorisation shall be revoked. When taking the decision, the Agency shall take into consideration the time that is necessary to take corrective action on non-compliance findings, the efforts made by the operator to rectify the non-compliance. Where the TCO Authorisation holder has not taken the necessary corrective actions, or there is no obvious interest on the part of the operator to have a suspension lifted, the Agency may decide to refrain from revoking the authorisation. 5. When considering lifting a suspension, the Agency shall take at least the following into consideration when determining the appropriate methodology to verify that the operator has taken successful corrective action on the findings raised: a. the number and nature of the open findings, b. their suitability for desktop review, c. the feasibility of teleconferencing to replace an on-site audit. 6. The Agency may not lift a suspension before closure of all level 1 findings. In case that additional level 2 findings are present, the Agency may decide to lift the suspension, provided that these findings are controlled with a corrective action plan that has been accepted by the Agency. When taking the decision whether to lift a suspension in the presence of open level 2 findings due regard shall be giving to the number of the findings, their nature, their effect on the safety of the operation and to the expected time that is necessary for finding closure. Article 16 – Resolution of Disagreements 1. Every effort shall be made to resolve all disagreements between the applicant or the authorisation holder and the Agency at the lowest possible level. 2. In case the applicant or TCO Authorisation holder continues to disagree with a decision of the Agency, it may lodge a formal appeal under the Agency’s appeal process. Article 17 – Entry into Force This Decision enters into force in its entirety on the day of its publication in the Official Publication of the Agency. Done in Warsaw, 13 April 2023 (signed) Piotr Samson Chair of the Management Board --- [[1]](#_ftnref1) The published date represents the date when the consolidated version of the document was generated. [[2]](#_ftnref2) Euro-Lex, Important Legal Notice: <http://eur-lex.europa.eu/content/legal-notice/legal-notice.html>. [[3]](#_ftnref3)*This is the earliest date of application (i.e. the date from which an act or a provision in an act produces its full legal effects) as defined in the relevant cover regulation article. Some provisions of the regulations though may be applicable at a later date (deferred applicability). Besides, there may be some opt-outs (derogations from certain provisions) notified by the Member States.* [[4]](#_ftnref4) *This is the earliest date of application (i.e. the date from which an act or a provision in an act produces its full legal effects) as defined in the relevant cover regulation article. Some provisions of the regulations though may be applicable at a later date (deferred applicability). Besides, there may be some opt-outs (derogations from certain provisions) notified by the Member States.* [[5]](#_ftnref5) *This is the earliest date of application (i.e. the date from which an act or a provision in an act produces its full legal effects) as defined in the relevant cover regulation article. Some provisions of the regulations though may be applicable at a later date (deferred applicability). Besides, there may be some opt-outs (derogations from certain provisions) notified by the Member States.* [[6]](#_ftnref6) OJ L 79, 13.3.2008, p.1. [[7]](#_ftnref7) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). [[8]](#_ftnref8) Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 ([OJ L 281, 13.10.2012, p. 1](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:L:2012:281:TOC)). [[9]](#_ftnref9) Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC ([OJ L 295, 12.11.2010, p. 35](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:L:2010:295:TOC)). [[10]](#_ftnref10) Regulation (EU) No 965/2012 of the European Parliament and of the Council of 5 October 2012 on laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. *OJ L 296, 25.10.2012, p. 1*. [[11]](#_ftnref11) Adopted at MB 01-2023 of 13 April 2023. --- [[1]](#_ftnref1) The published date represents the date when the consolidated version of the document was generated. [[2]](#_ftnref2) Euro-Lex, Important Legal Notice: <http://eur-lex.europa.eu/content/legal-notice/legal-notice.html>. [[3]](#_ftnref3)*This is the earliest date of application (i.e. the date from which an act or a provision in an act produces its full legal effects) as defined in the relevant cover regulation article. Some provisions of the regulations though may be applicable at a later date (deferred applicability). Besides, there may be some opt-outs (derogations from certain provisions) notified by the Member States.* [[4]](#_ftnref4) *This is the earliest date of application (i.e. the date from which an act or a provision in an act produces its full legal effects) as defined in the relevant cover regulation article. Some provisions of the regulations though may be applicable at a later date (deferred applicability). Besides, there may be some opt-outs (derogations from certain provisions) notified by the Member States.* [[5]](#_ftnref5) *This is the earliest date of application (i.e. the date from which an act or a provision in an act produces its full legal effects) as defined in the relevant cover regulation article. Some provisions of the regulations though may be applicable at a later date (deferred applicability). Besides, there may be some opt-outs (derogations from certain provisions) notified by the Member States.* [[6]](#_ftnref6) OJ L 79, 13.3.2008, p.1. [[7]](#_ftnref7) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). [[8]](#_ftnref8) Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 ([OJ L 281, 13.10.2012, p. 1](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:L:2012:281:TOC)). [[9]](#_ftnref9) Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC ([OJ L 295, 12.11.2010, p. 35](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:L:2010:295:TOC)). [[10]](#_ftnref10) Regulation (EU) No 965/2012 of the European Parliament and of the Council of 5 October 2012 on laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. *OJ L 296, 25.10.2012, p. 1*. [[11]](#_ftnref11) Adopted at MB 01-2023 of 13 April 2023. ## Article 15 — Enforcement *MB Decision No 01-2023* 1. In accordance with [ART.235](#_DxCrossRefBm154916715), to the extent not already otherwise established by equivalent policies and procedures, the Agency shall establish and maintain procedures for taking enforcement action in respect of TCO Authorisation holders. 2. The TCO Authorisation Panel shall decide on the requirement for intensified surveillance pursuant to [ART.215](#_DxCrossRefBm154916732)(d). When taking the decision, the authorisation panel shall decide on the appropriate measures, taking into consideration the nature of the safety concerns, the presence of non-compliance findings, the confidence into the State oversight capabilities, the size and complexity of the operation and the exposure to the European citizen. The Agency shall inform the operator about the measures taken under the umbrella of intensified surveillance and shall notify the State of the Operator and the State of Registry as applicable. Furthermore, the Agency shall inform the operator under which circumstances the intensified surveillance can be terminated. 3. When a TCO Authorisation shall be limited, suspended, or revoked, the Agency shall notify by letter the TCO Authorisation holder of its decision and the reasons therefore. This letter shall refer to the possibility for appeal as specified in Articles 108 to 114 of the Basic Regulation. 4. The Agency shall determine if and when a suspended authorisation shall be revoked. When taking the decision, the Agency shall take into consideration the time that is necessary to take corrective action on non-compliance findings, the efforts made by the operator to rectify the non-compliance. Where the TCO Authorisation holder has not taken the necessary corrective actions, or there is no obvious interest on the part of the operator to have a suspension lifted, the Agency may decide to refrain from revoking the authorisation. 5. When considering lifting a suspension, the Agency shall take at least the following into consideration when determining the appropriate methodology to verify that the operator has taken successful corrective action on the findings raised: a. the number and nature of the open findings, b. their suitability for desktop review, c. the feasibility of teleconferencing to replace an on-site audit. 6. The Agency may not lift a suspension before closure of all level 1 findings. In case that additional level 2 findings are present, the Agency may decide to lift the suspension, provided that these findings are controlled with a corrective action plan that has been accepted by the Agency. When taking the decision whether to lift a suspension in the presence of open level 2 findings due regard shall be giving to the number of the findings, their nature, their effect on the safety of the operation and to the expected time that is necessary for finding closure.