Article 1 -- Objectives and Applicability

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

MB Decision No 01-2023 Article 1 – Objectives and Applicability 1. The objective of this Decision is to establish transparent procedures to be followed by the Agency when carrying out the authorisation of third country operators, including the monitoring of these operators, pursuant to [Part-TCO](#_DxCrossRefBm947570887). 2. The Agency shall establish and maintain a process to ensure fair, standardised and proportionate treatment of all TCO applicants and authorisation holders (operators). 3. Holders of an AOC issued by a Member State or by the Agency itself will not be subject to TCO authorisation. Article 2 – Coordination process with the EU Safety List pursuant to [Reg. (EC) No 2111/2005](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32005R2111&qid=1681734290910) In cooperation with the Commission, the Agency shall engage in establishing and maintaining a coordination process between the EU Safety List and [Part-TCO](#_DxCrossRefBm947570887), ensuring the integrity of both Regulations. Article 3 – Risk-based approach (TCO model) 1. The Agency shall use a risk-based approach to help determine the Agency’s level of confidence in the AOC’s issued to third country operators. The Agency shall adequately allocate its resources and strengthen the assessment of TCOs for which it has a limited level of confidence. When deciding on the appropriate deployment of the Agency’s resources, consideration shall also be given to the third country operator’s exposure for the European citizens. 2. The Agency shall establish and maintain a TCO model to process data obtained from specified, trustworthy internal and external sources. Results of the TCO model are indicative and shall not be decisive for authorisation decisions. The use of TCO model results shall normally be restricted to internal use. Any request to the Agency for information by a Member State at any stage of the assessment or monitoring process should be justifiable and would normally be made on an exceptional basis and shared on a confidential basis. An example being that upon justifiable request by a Member State, the Agency may share with Member States on a confidential basis detailed information about its assessment, including TCO model results, if a negative authorisation decision was issued against an applicant exercising traffic rights in the territory of that Member State during the TCO transition period. 3. The TCO model shall consist of clearly specified parameters for both the State of operator and the operator and allow for continuous comparison of the safety performance of third country operators applying for or holding a TCO Authorisation. Article 4 – Exemptions Upon request from the TCO Authorisation holder, the Agency may grant exemptions from specific requirements of [Part-TCO](#_DxCrossRefBm947570887), following the conditions laid down in Article 76(4) of the Basic Regulation. Article 5 – Exceptional measures imposed by a Member State The Agency shall work with Member States towards establishing and maintaining a process that ensures timely information from Member States to the Agency in case that a Member State intends to take a measure pursuant to Article 6 of [Regulation (EC) No 2111/2005](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32005R2111&qid=1681734290910). ## Article 1 — Objectives and Applicability *MB Decision No 01-2023* 1. The objective of this Decision is to establish transparent procedures to be followed by the Agency when carrying out the authorisation of third country operators, including the monitoring of these operators, pursuant to [Part-TCO](#_DxCrossRefBm154916692). 2. The Agency shall establish and maintain a process to ensure fair, standardised and proportionate treatment of all TCO applicants and authorisation holders (operators). 3. Holders of an AOC issued by a Member State or by the Agency itself will not be subject to TCO authorisation.