Article 11 -- Findings

• MB Decision No 09-2026 found in: Third Country Operators (Jul 2026)

## Article 11 — Findings *MB Decision No 09-2026* 1. In case of a level 1 finding, the Agency shall not issue an initial TCO Authorisation and shall initiate the rejection 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](#_DxCrossRefBm154916724). 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.