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Third Country Operators

EASA/Singapore, 7 May 2009

European Aviation Safety Agency

The TCO NPA is divided into 3 separate documents:

Explanatory note and Regulatory Impact Assessment (RIA)

Draft opinion and decision Part-TCO

Draft opinion and decision Subpart AR.TCO of Part Authority Requirements (AR)

Notice of proposed amendment - third country operators


The explanatory note:Describes the background, structure and content of the Agency’s proposal

Contains cross reference tables ICAO vs ER’s

The Regulatory Impact Assessment (RIA):Studies the impact of the Agency‘s proposal

Notice of proposed amendment


The draft opinion and decision Part-TCO contains:

The draft implementing rules Part-TCO (draft opinion)

The draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Part-TCO (draft decision)



The draft opinion and decision on Subpart AR.TCO (Authority Requirements OPS) contains:

The draft implementing rules Subpart AR.TCO (draft opinion)

The draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Subpart AR.TCO (draft decision)

Management Board decision



Next steps


NPA will be published on the Agency’s website:

NPA 2009-XXpublication date not earlier than mid 2010public consultation until 3 months after publication

Anyone can comment!

please send your comments using the Comment Response Tool (CRT)

http://hub.easa.europa.eu/crt/

The next steps

http://hub.easa.europa.eu/crt/


3 months for the revision of commentsCRD is published on the website for 2

monthsEASA send the opinion to Commission

ComitologyEASA adopts AMC / GM after publication

of EC Regulations2011?

The next steps


Transitions measures - BR Art. 70 Applicability of the relevant articles as specified in their respective IRs, but not later than 8 April 2012

In the meantime, the national rules continue to apply

EASA proposals for transition measures can be found in the explanatory notes

The next steps


EASA is also preparing for the transition:

E-tool - EASA initiated work on an electronic tool to help stakeholders in their day-to-day activity and to facilitate the use of the new structure and requirements

e-tool provides for easy identification of the requirements applicable to each activity

Mini-website Flight StandardsMore information on new rules, FAQhttp://easa.europa.eu/flightstandards/index.html

The next steps



One office

One rule

One Authorisation


CONTENT

Authorisation:Third country commercial operators

Declaration: made by a third country operator conducting non- commercial operations with complex motor- powered aircraft

Operational authorisation:aircraft or pilots not holding a standard ICAO Certificate of airworthiness or pilot licence.


“Third Country Operator” means any natural person residing in a third country or a legal person whose principal place of business, if any, is in a third country.

Third country operators


An operator must comply with:

ICAO Annex 1, 6, 8 and 18.

Its AOC and associated Operational Specifications.

If applicable, the authorisations to conduct specific operations issued by the State of Registry or the State of the Operator.

The Authorisation issued by the Agency or the Declaration it has made to the Agency

Operator responsibilities


Operator Responsibilities

An operator shall not conduct operations:

when it is subject to an operating ban pursuant to Regulation (EC) No 2111/2005 (Community list) or;

With an aircraft subject to an operating ban pursuant to Regulation (EC) No 2111/2005;


Third Country Operator

An operator must comply with the applicable ICAO Standards. Insofar there are no such standards the operator must comply with the essential requirements laid down in Annex I, III and IV to Regulation (EC) No 216/2008


Operational Authorisation



An aircraft not holding a standard ICAO CofA shall comply with Part 21 Subpart P or 21.A.184(b) of Part 21



A pilot not holding a standard ICAO licence shall only operate an aircraft when he or she complies with Part FCL applicable for the exercise of the requested privileges


Application for an Authorisation 1

An application for an Authorisation shall be submitted before the intended date of operation allowing the Agency to prepare resources.



The applicants must provide the following information:A copy of the operators AOC and related Opspecs, or equivalent document, issued by the State of the operator;any other additional relevant flight documentation and specific approvals issued or approved by the State of Operator or State of Registry.description of the organisation, proposed operation and areas of operation.



When the operator intends to conduct operations for which a specific approval is required by Subpart OPS.SPA, the application shall include those items required by the applicable sections in Subpart OPS.SPA.


Application for an Operational Authorisation - Aircraft

An application for an operational authorisation shall be submitted before the intended date of operation allowing the Agency to prepare resources.

The application shall include those items as required in the applicable provisions of Part 21.


Application for an Operational Authorisation - Pilots

An application for an operational authorisation shall be submitted before the intended date of operation allowing the Member State to prepare resources.

When the pilot intends to operate into more than one Member State, he or she shall apply to the competent authority in the Member State in which territory the first operation is intended to take place.


Declaration

An operator intending to carry out non-commercial operations of complex motor-powered aircraft shall:

declare to the Agency its capability and means to comply with the applicable requirements specified in this part prior to commencing operations.


Complex motor-powered aircraft

An Aeroplane:With a maximum certificated take-off mass exceeding 5700 kg, orCertificated for a maximum passenger seating configuration of more than nineteen, orCertificated for operation with a minimum crew of at least two pilots, orEquipped with (a) turbojet engine(s) or more than one turboprop engine.


Complex motor-powered aircraft

A helicopter certificated:For a maximum take-off mass exceeding 3175 kg, orFor a maximum passenger seating configuration of more than nine, orFor operation with a minimum crew of at least two pilots, orA tilt rotor aircraft.


Content of Declaration

The declaration shall include at least:a statement that the flight documentation, approved by the State of registry complies with the applicable ICAO standards and the aircraft, flight and cabin crew to be used for the intended operation hold a valid certificate of airworthiness, licence or qualification issued by the State of registry.a copy of a specific approval issued by the Agency in accordance with Subpart OPS.SPA or the application to obtain such an approval;details of any specific approvals issued by the State of Registry of relevance for the intended operations under this Part;description of the organisation, types of aircraft, proposed operation and areas and type of operation.


Authorisation Process

The Agency shall not process an application of an operator that is subject to an operation ban pursuant to Regulation (EC) No 2111/2005The Agency shall limit the authorisation to aircraft that are not subject to an operation ban pursuant to Regulation (EC) No 2111/2005.


Elements for the authorisation process

Information about the operatororganisation, operations, compliance with the ICAO Annexes (i.e. Annex 1, 6 and 8)

Relevant Safety Information from USOAP, IASA, previous ramp inspections, Community List, IOSA results



No significant safety findings

Simple process based mainly on foreign AOC & Operational Specifications

Significant safety findingsapplicant subject to further review (e.g. investigation or audit of the operator.)



Authorisation process

Application from an operator

for an authorisation/an approval change

Verification(documents, inspection)

Authorisation(scope

of activities)

Continuingoversight

(continued validity)


EU Framework Authorisations

EASA Authorisation procedure

significant findings(USOAP, IASA,

ramp checks, … )

Bilateral Agreement

Document Check

Further Investigation

EASA Authorisation yes/no

Community List


Declaration process

Verification by the Agency

Compliant:Acknowledgement

Not compliant:NotificationEnforcement

Declaration from an organisation

/a person



An operator shall apply for an operational authorisation when it intends to operate with:

Aircraft not holding a standard ICAO CofA or

A pilot not holding a standard ICAO license or

An aircraft that has been grounded


Member States and EASA share oversight of compliance with the Basic Regulation and its implementing rules

Member States will conduct ramp inspectionsDirective 2004/36/EC on the safety of third-country aircraft (SAFA Directive) incorporated into the implementing rules (and repealed)

EASA will periodically review authorisations issued an if necessary conduct investigations or audits

Oversight


EU Framework Oversight

significant findings(USOAP, IASA,

IOSA… )

Ramp Checks/Authorisation Reviews

Further Investigation

EASA Authorisation

Community List

EASA Authorisation retained yes/no


Entry into force

as specified in the IRs, but not later than 8 April 2012In the meantime, the authorisation of third- country operators remains within the competence of the Member States.

EU Framework Entry into Force

European Aviation Safety AgencyThank you for your Attention!

www.easa.europa.eu

http://www.easa.europa.eu/

third country operators - easa€¦ · from usoap, iasa, previous ramp inspections, community list,...

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