Article 6 -- Receipt and eligibility of the application

• MB Decision No 01-2023 found in: Third Country Operators (452/2014) Part-TCO Part-ART (Apr 2023)
• MB Decision No 09-2026 found in: Third Country Operators (Jul 2026)

MB Decision No 01-2023 Article 6 – Receipt and eligibility of the application 1. Upon receipt of an application, the Agency shall perform an eligibility check according to [Part‑TCO](#_DxCrossRefBm947570887) and inform the applicant when its application is accepted for further processing. In case of refusal of the application for reasons of non-eligibility, the Agency shall reject the application in writing and justify its decision to the applicant. 2. The Agency shall determine how to proceed with each eligible application. When receiving an application from a TCO subject to an operating ban due to the State of the operator not performing adequate oversight, due account shall be taken of the need for coordination with the Commission in order to ensure a consistent approach with [Regulation (EC) No 2111/2005](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32005R2111&qid=1681734290910) and the requirements of [Part‑TCO](#_DxCrossRefBm947570887). 3. When receiving an application from an applicant that is currently not possessing an air operator certificate and associated operations specifications that entitle the operator to operate to territories, where the Treaties apply, then the Agency shall not accept the application. The Agency may however give the operator access to the Agency’s web-based software application for the purpose of information sharing, under the condition that the applicant provides evidence from its competent authority that certification activity has been initiated which will lead to the eligibility of the operator to apply for a TCO authorisation. The Agency shall only accept the formal application after the TCO has obtained the necessary approvals from its competent authority. Article 7 – Assessment 1. Results of the TCO model shall be used to determine the appropriate assessment methodology of each applicant or authorisation holder. 2. In the absence of relevant safety concerns, and when the TCO model indicates confidence into the State of Operator and the operator itself, the Agency shall abstain from further assessment pursuant to [ART.200(e)(2)](#_DxCrossRefBm947570906) or [ART.215(d)](#_DxCrossRefBm947570929), as applicable. 3. Subject to efficiency and resource considerations, the Agency may accept on request of the operator to carry out parts of further assessment outside of EASA premises in compliance with Agency procedures applicable to ensure absence of conflicts of interest, staff health and security, and travel policy. In this case, the applicable fees and charges for an on-site audit shall apply in accordance with the Commission Implementing Regulation on the fees and charges levied by EASA. 4. Where an assessment of the State oversight capabilities is required in accordance with [ART.200](#_DxCrossRefBm947570906), [ART.210](#_DxCrossRefBm947570907) or [ART.235](#_DxCrossRefBm947570912), the Agency shall coordinate such assessment with the European Commission and agree on the most efficient and effective methodology giving regard to the European Commission’s responsibility for the EU Safety List [Regulation (EC) No 2111/2005](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32005R2111&qid=1681734290910). Article 8 – Authorisation document and changes 1. The TCO Authorisation shall specify the conditions for continued validity and include the necessary conditions or limitations, as the case may be. This can be done in an electronic format. The Agency shall specify the manner of requesting changes by TCO Authorisation holders that require prior approval by the Agency. The Agency may decide to apply a simplified process for the addition of new aircraft to the TCO Authorisation that are used for non-scheduled operations in the business aviation sector. Article 9 – Monitoring plan and reaction to safety concerns 1. The Agency shall establish a monitoring plan for each TCO Authorisation holder. This plan shall be established at the beginning of each monitoring interval and modified in case the level of confidence changes. 2. The Agency shall establish and maintain a process to react appropriately and timely to aviation safety concerns that may adversely affect the safe operation of TCO Authorisation holders. Article 10 – Industry Standards 1. Conformity with industry standards should not be considered in isolation from other assessment elements. 2. When considering any audits performed as part of certification or registration in accordance with industry standards, the following requirements should be assessed by the Agency: a. The demonstration of conformity is based on a certification/registration audit scheme which provides for systematic verification, absence of conflict of interest, comprehensive programme description, defined standards and protocols; b. The certification/registration audit scheme is managed by an organisation with a documented management system and internal quality assurance programme and is performed by auditors/assessors who demonstrate to meet specific and relevant qualification criteria; c. Certification/registration audits are relevant to applicable Annexes to the Chicago Convention and should cover at least the scope defined in [TCO.200(a)(1)](#_DxCrossRefBm947570894) of [Part‑TCO](#_DxCrossRefBm947570887). If the industry standard does not fully cover the scope defined in [TCO.200(a)(1)](#_DxCrossRefBm947570894) then the shortfall should be accounted for separately; d. It can be demonstrated that such certification/registration audits can easily be mapped against the requirements of [Part‑TCO](#_DxCrossRefBm947570887); and e. Audit/assessment results are accessible to the Agency and may be used for the purpose of determining compliance with [Part‑TCO](#_DxCrossRefBm947570887). 3. The certification/registration audit scheme referenced in paragraph 2 should ensure that the Agency is notified about relevant changes to the operator, such as conditions that could affect the certification/registration, and suspension or removal of certification/registration in accordance with the industry standards. Article 11 – Findings 1. In case of a level 1 finding, the Agency shall not issue an initial TCO Authorisation and shall initiate the refusal of the application. 2. For an operator that already holds a TCO Authorisation and is subject to a level 1 finding, the Agency shall decide on a suitable measure, e.g., limitation to address the finding or on the suspension of the TCO authorisation. Furthermore, the Agency shall decide on the conditions for de-escalation of the level 1 finding to level 2. 3. The Agency may only approve a change when the level 1 finding is permanently rectified by the operator and closed by the Agency or when the finding has been de-escalated to level 2 and is appropriately controlled. 4. In case of level 2 findings, the Agency shall not issue an initial TCO Authorisation until such time when the finding is permanently rectified by the applicant and closed by the Agency. 5. The Agency may continue a TCO Authorisation and may approve a change, provided that all level 2 findings are appropriately controlled in accordance with [ART.230](#_DxCrossRefBm947570921). 6. The Agency shall establish and maintain a process to decide about the escalation of level 2 findings to level 1 findings in cases when several level 2 findings indicate systemic non‑compliances. In addition to the number of findings raised, the process shall take into consideration the areas of non-compliance and their interdependence and the possibility for organisational or managerial shortcomings. Article 12 – Authorisation Panel Decisions 1. A TCO Authorisation Panel shall be established in the Agency in accordance with appropriate Terms of Reference that outline its composition and its processes. 2. The TCO Authorisation Panel shall decide about the classification of non-compliance findings, recommendations pertaining to authorisation decisions, and the proposition of enforcement actions. Decisions of the panel shall be recorded. 3. The Agency shall establish and maintain a process to ensure the electronic publication of its authorisation decisions. Article 13 – Termination of an initial evaluation 1. The Agency may terminate an initial evaluation procedure when the applicant is unable or unwilling to demonstrate compliance with [Part‑TCO](#_DxCrossRefBm947570887) as demonstrated by: a. a lack of transparency or adequate and timely communication on the part of the applicant; or b. an inappropriate or insufficient corrective action plan presented in response to findings. 2. If during an initial evaluation procedure the Agency determines that the number and/or nature of non-compliance findings of an applicant is such that permanent rectification of all level 1 findings within 3 months after their initial notification is unlikely or unrealistic, the Agency may decide to reject the application on grounds of significant systemic non-compliance with [Part‑TCO](#_DxCrossRefBm947570887) in accordance with [ART.200(e)(1)](#_DxCrossRefBm947570906). Article 14 – Web-based TCO Software Application The Agency shall deploy and maintain a secure software application for receiving the necessary information from the applicant during the initial assessment and during the continuous monitoring of third country operators. The application shall facilitate processing the information received and managing authorisations in line with Part-TCO. The software application shall also support the timely exchange of information related to TCO Authorisations between the Commission, Member States, applicants and TCO Authorisation holders in accordance with [ART.110](#_DxCrossRefBm947570924). The application shall also provide foreign competent authorities with a possibility to review information pertaining to operators in their competence. ## Article 6 — Receipt and eligibility of the application *MB Decision No 09-2026* 1. Upon receipt of an application, the Agency shall perform an eligibility check according to [Part-TCO](#_DxCrossRefBm154916692) and inform the applicant when its application is accepted for further processing. In case of non-eligible application, the Agency shall reject it in writing and justify its decision to the applicant. 2. The Agency shall determine how to proceed with each eligible application. When receiving an application from a TCO subject to an operating ban due to the State of the operator not performing adequate oversight, due account shall be taken of the need for coordination with the Commission in order to ensure a consistent approach with [Regulation (EC) No 2111/2005](https://eur-lex.europa.eu/eli/reg/2005/2111/oj) and the requirements of Part‑TCO. 3. When receiving an application from an applicant that is currently not possessing an air operator certificate and associated operations specifications that entitle the operator to operate to territories, where the Treaties apply, then the Agency shall not accept the application. The Agency may however give the operator access to the Agency’s web-based software application for the purpose of information sharing, under the condition that the applicant provides evidence from its competent authority that certification activity has been initiated which will lead to the eligibility of the operator to apply for a TCO authorisation. The Agency shall only accept the formal application after the TCO has obtained the necessary approvals from its competent authority.