Third Country Operators (TCO)

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Third Country Operators - General

How will EU-OPS provisions on code-sharing interact with Part-TCO?

Holding a TCO authorisation alone is not sufficient in complying with the code-share requirements of Regulation (EU) No 965/2012. The code-share provisions apply in addition to the requirements of Part-TCO because they involve EU rules as well as ICAO standards. A third country operator code-sharing with an EU carrier will be subject to the requirements of both [ORO.AOC.115/ARO.OPS.105] and related AMC, and will be obliged to undergo comprehensive audits for the initial verification of compliance and continuous compliance with the applicable ICAO Standards [AMC1 ORO.AOC.115(a)(1)]. These audits can be performed either by the EU operator itself or by a third party provider [AMC2 ORO.AOC.115(b)], which refers to the possibility of using industry standards such as IOSA. The audit will focus on the operational, management and control systems of the TCO [AMC1 ORO.AOC.115(a)(1)]. Continuous compliance of the code-sharing TCO with the applicable ICAO Standards will be performed on the basis of a code-share audit programme [AMC1 ORO.AOC.115(b)].

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Are any fees anticipated for the TCO authorisation?

No fees are foreseen in the TCO authorisation process.

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How is the economic aspect of the approval (commercial traffic rights - air services agreement) split from the EASA Safety oversight element?

EASA TCO will only take over the safety-related part of foreign operator assessment. Operating permits will continue to be issued by Member States. To this end, EASA becomes a service provider for its Member States in order to run safety assessments. EASA will not (and cannot) issue operating permits (commercial traffic rights). These remain an area of national responsibility. A valid TCO authorisation will be a mandatory prerequisite, in the absence of which an operating permit cannot be issued by a Member State.

Note: During the transition period Member States are still entitled to perform safety assessments on those operators which have not yet been processed by EASA (under Part-TCO).

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How long should we expect the process to take for the initial TCO authorisation?

Part-TCO foresees a transition period of 30 months, which started on 26th May 2014. During the first 6 months of this transition period all operators previously flying to the EU territories were required to file an application for a TCO authorisation with EASA. During the remaining 24 months of the transition period, which ends on 26November 2016, EASA is prioritising and processing the applications received.

It is at discretion of the Agency at what point in time during the transition period the application is processed. It is not necessary to ask EASA about the status of the application. EASA will approach the applicant in due course. The operator must ensure that its data submitted via the TCO we-interface is current at all times, in particular with respect to fleet information.

If the operator was previously flying to the EU territories and the application was submitted during the first 6 months of the transition period, your application will be processed before the 26th Nov 2016. If the operator was not previously flying to the EU territories the file will also be processed at discretion of the Agency.

An operator who was previously flying to Europe and has missed the deadline to apply for a TCO authorisation, can still submit an application. However, EASA cannot guarantee that the file will be processed before the transition period ends.

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Will approvals obtained in the field of aviation security (e.g., ACC3) be considered in the TCO Authorisation process?

No. TCO is a flight safety (not aviation security) assessment. To this end, TCO addresses security-related issues only to the extent that these are relevant to flight safety and part of an ICAO standard applicable to air operators pursuant to ICAO Annex 6 (e.g., CCTV, reinforced cockpit door, etc.). ACC3 is subject to a separate EU regulation that is unrelated with the TCO regulation.

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Applicability

Is a TCO authorisation required by Business Aviation Operators?

It depends. If you perform commercial air transport under an Air Operator Certificate (AOC) (operating aircraft for hire to transport passengers or cargo), then the answer is yes. If you file flight plans using the flight types “N” or “S” then you are conducting commercial air transport operations and must hold a TCO authorisation issued by EASA in order to operate to the EU.

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We are a U.S. Part-91 operator. Are we subject to a TCO authorisation?

The FAA has published detailed information with respect to Part-91 operations in the form of an Advisory Circular (AC 91-84). Here, detailed conditions are listed including explanations on when an operator should be classified as Part-91 (General Aviation) or not. For operations performed strictly within the classification of Part-91 EASA will not require an authorisation under Part-TCO.

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I plan to fly commercially from the Middle East to North America and I want to fly over Europe without landing. Is a TCO authorisation required?

No. A TCO authorisation is not required for merely flying over Europe.

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I plan to fly commercially from the Middle East to North America and a technical fuel stop is required at a European airport. Is a TCO authorisation required?

Yes. A TCO authorisation is required for all commercial air transport flights to/from European airports (including certain EU overseas territories).

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I plan to fly from a non-EU departure airport to a non-EU destination airport and I intend to file a destination alternate airport in the territory of an EASA Member State. Can I do this without holding a TCO authorisation?

Yes. A third country operator can file an airport located in the territory of an EASA Member State as an alternate airport without holding a TCO authorisation.

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We are a U.S. Part-135 operator. Do I need to hold an authorisation if I intend flying commercially to Europe?

Yes. Part-TCO is fully applicable to U.S. Part-135 operators.

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Do non-scheduled charter operators need a TCO authorisation?

The European TCO authorisation regime does not differentiate between scheduled and non-scheduled commercial air transport operations. All commercial air transport air operators will need to apply for a TCO authorisation. However, in the case of unforeseen/emergency circumstances there is a possibility to start operations to the EU based on a one-off notification without already being issued a TCO authorisation. However, an application for TCO authorisation must be submitted within ten (10) days of such notification. Note: Initiating an operation using the one-off notification procedure is limited to justifiable requirements, a maximum of six (6) consecutive weeks and can be used by every operator only once within a 24 month period. Operators with a potential need of operating to the EU at some time in the near future are advised to apply for a TCO authorisation in due course, even when the date of operations is unknown.

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I have an operation in the Middle East but with no plans to fly commercially to Europe. However, our maintenance facility is located in Europe. Will I need a TCO authorisation when flying there?

No. As long as these flights to and from the maintenance facility are non-commercial (ferry flights).

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I run a helicopter operation and I am frequently involved in aerial work in Europe. Do I have to apply for a TCO authorisation in order to do this?

No. Aerial work does not fall under Part-TCO. For activities which do not fall under Commercial Air Transport, as covered in ICAO Annex 6, operators have to apply for permission with the concerned Member State.

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My operation is currently subject to an operating ban in accordance with the EU Air Safety List (Reg. (EC) No 2111/2005). Can I apply for a TCO authorisation? What process will be involved and what could be the potential outcome?

Operators who are subject to an operating ban or restriction in accordance with Reg. (EC) No 2111/2005 are eligible to apply for a TCO authorisation. The authorisation process will normally require that an audit be performed at the operational premises of the operator. Once EASA has finished its assessment it will present the results to the European Commission for consideration. EASA cannot issue an authorisation until and unless the European Commission has lifted the operating ban under the Safety List regulation. Note: When the operator is subject to an operating ban due to the State of the Operator not performing adequate oversight, EASA must coordinate with the European Commission before processing the application for a TCO authorisation.

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I plan to wet lease one of my aircraft to an EU operator. The operations will be performed under my AOC, with my crew and under my full operational responsibility. Do I need a TCO authorisation?

Yes and in addition to this the European requirements for leasing, as laid down in Reg. (EC) No 965/2012, apply.

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Could you specify for these three cases if the lessor must have a TCO authorisation ? Case 1: A third country operator (lessee) uses an aircraft wet leased-in from an EU carrier (lessor) operating flights under the AOC of the lessor, using the flight number of the third-country operator.

The lessor (EU carrier) does not need a TCO authorisation.

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Could you specify for these three cases if the lessor must have a TCO authorisation ? Case 2: A third country operator (lessee) uses an aircraft wet leased-in from a non-EU carrier operating flights under the AOC of the lessor, using the flight number of the third-country operator.

The lessor (non-EU carrier) needs a TCO authorisation.

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Could you specify for these three cases if the lessor must have a TCO authorisation ? Case 3: Dry leased aircraft

The aircraft lessor does not need a TCO authorisation. Rule of thumb: the operator (except EU-operators) having the dry-leased aircraft mentioned on its AOC needs a TCO authorisation.

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Which elements of EU operating rules are applicable to air carriers certified in a State other than that of an EASA Member State (third country operators)?

Third country operators intending to perform commercial air transport operations (in, out or within the Community) are subject to Part-TCO. In addition, they must comply with the Standardised European Rules of the Air (SERA) and Airspace Usage Requirements (AUR). The State Aeronautical Information Publication (AIP), the Single European Sky (SES) implementing rules and in particular the Interoperability rules also apply. There are other Regulations under the responsibility of the European Commission. Some examples of these follow:

  • Commission Implementing Regulation (EU) No 1206/2011 of 22 November 2011;
  • Commission Implementing Regulation (EU) No 1207/2011 of 22 November 2011;
  • Commission Regulation (EC) No 29/2009 of 16 January 2009;
  • Commission Regulation (EC) No 1265/2007 of 26 October 2007;
  • Commission Decision C(2011)2611. (CPDL exemption)
  • Commission Regulation (EC) No 1332/2011 (ACAS II 7.1 and traffic avoidance procedures)
  • Noise: Council Directive 80/51/EEC of 20 December 1979 and Directive 14/1992.
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We are a U.S. 14 CFR Part 125 Operator. Do we need a TCO Authorisation issued by EASA for operations to EU territories?

No. You are not subject to TCO Authorisation, because an FAA Part 125 Operating Certificate is not an Air Operator Certificate (AOC) as defined in ICAO Annex 6, Part I. An ICAO-compliant AOC is required for commercial air transport operations to EU territories. You may conduct non-commercial, general aviation flights to EU territories in line with provisions stipulated in the AIP of the State of destination. Make sure the type of flight is correctly denoted in item no. 8 of the ATS flight plan (‘G’ for general aviation).

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Do AOC holders certified by an EASA MS need to apply for a TCO Authorisation?

AOC holders certified by an EASA MS or associated States (Switzerland, Iceland, …) are not eligible for TCO.

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Are there any territories related to the EU to which a third country operator can fly without holding a TCO authorisation?

A third country operator can fly to the following territories without holding a TCO authorisation:

  • Greenland and Faroe Islands
  • Channel Islands
  • French Polynesia
  • French Southern & Antarctic Territories
  • New Caledonia and Dependencies
  • Wallis and Futuna Islands
  • Saint Pierre and Miquelon
  • Aruba
  • Bonaire
  • Curaçao
  • Saba
  • Saint Eustatius
  • Saint Maarten
  • Anguilla
  • Cayman Islands
  • Falkland Islands
  • South Georgia and the South Sandwich Islands
  • Montserrat
  • Pitcairn
  • Saint Helena and Dependencies
  • British Antarctic Territory
  • British Indian Ocean Territory
  • Turks and Caicos Islands
  • British Virgin Islands
  • Bermuda
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My principle place of business (POB) is in an EU overseas territory which is not listed in the scope of Commission Regulation (EU) 452/2014. Do I need a TCO authorisation to fly to territories which are in the scope of Commission Regulation (EU) 452/2014 ?

Yes a TCO authorisation is required, if your principle place of business (POB) is in one of the following territories:

  • Greenland and Faroe Islands
  • Channel Islands
  • French Polynesia
  • French Southern & Antarctic Territories
  • New Caledonia and Dependencies
  • Wallis and Futuna Islands
  • Saint Pierre and Miquelon
  • Aruba
  • Bonaire
  • Curaçao
  • Saba
  • Saint Eustatius
  • Saint Maarten
  • Anguilla
  • Cayman Islands
  • Falkland Islands
  • South Georgia and the South Sandwich Islands
  • Montserrat
  • Pitcairn
  • Saint Helena and Dependencies
  • British Antarctic Territory
  • British Indian Ocean Territory
  • Turks and Caicos Islands
  • British Virgin Islands
  • Bermuda

Exception: If your POB is in one of these territories, but the AOC was issued by an EU Member State, then no TCO authorisation is required.

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Applications

We have applied for TCO. Can we continue to operate until EASA’s completion of our TCO authorisation?

During the transition period, which ends on 26 November 2016, TCOs can continue to operate on the grounds that the TCO holds a Commercial traffic right issued by the corresponding Member State (See the next Q&A). However you should take into account that the transition period for an operator ends the moment EASA has taken a decision on its application.

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General considerations

The interplay between EASA and the Member States, during the transition phase, is explained in Article 4 paragraph 2 of the Commission Regulation (EU)  No 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators (TCO).

It is important to note that the TCO authorisation, issued by EASA, is a technical authorisation which only replaces technical/safety investigations performed by EASA Member States as part of their process to grant operating permits for commercial operations. This technical authorisation issued by EASA will become a mandatory prerequisite when applying for a Commercial traffic rights with any EASA Member State. Commercial traffic rights will continue to be issued by Member States in the future.

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What information will an air carrier be required to supply during the initial TCO application process besides evidence of a current AOC and Operations Specifications?

The operator will be required to fill-in an electronic questionnaire. As a minimum requirement the operator must upload the air operator certificate, operations specifications, certificate of incorporation or similar document and the airworthiness certificates (of all aircraft to be used for flights to Europe) to a dedicated web-based EASA software application. The Agency may request any other relevant documentation as specified in TCO.300.

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Can you explain the steps involved in the process, beginning with how the carrier should initiate contact to apply, through to the issuance of the TCO authorisation?

1. The operator should follow the process on the EASA website. EASA will publish the necessary details in order to begin the application process in suitable time. 2. Once EASA has received an application, and the eligibility is confirmed, the operator will receive log-on credentials to the dedicated web-based TCO software application. This serves as the primary means of communication throughout the process. 3. After EASA has received the filled-in online questionnaire it will decide if further in-depth assessment is necessary and inform the applicant accordingly. 4. As soon as the assessment is completed, and a positive decision is taken, the operator will receive its TCO authorisation document and associated technical specifications.

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Where do I find the TCO application form?

The form "Application for Third Country Operators Authorisation" will be made available on our website, together with other EASA Application Forms -> http://easa.europa.eu/document-library/application-forms. The Form will be made available here on the EASA website after the entry into force of Part-TCO (expected on the 26/05/2014). You should then either scroll down to the subchapter "TCO Authorisation" or use the search filters. The name of this form is "Application for Third Country Operator Authorisation (TCO Authorisation)" and the number is FO.TCO.00160-001.

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How can I submit my application form?

You can send it

  • by email to tco [dot] applications [at] easa [dot] europa [dot] eu;
  • by fax to +49 (0)221 89990 4461; or
  • by regular mail to the following address:

    European Aviation Safety Agency
    Applications and Procurement Services Department
    Postfach 10 12 53 D-50452
    Köln, Germany

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What happens after I have submitted my application to EASA?

1. Upon receipt of your application, EASA will send you a "notification of application receipt". 2. Once your application has been found to be administratively eligible you will receive a "notification of application acceptance". This includes a summary of the data you have provided on the application and the TCO Code that has been allocated to you.

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What is the "TCO Code" that I have been allocated?

The TCO Code is a unique identifier composed of a 3-letter code (corresponding to your country) and a 4-digit sequential number.

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How do I submit my technical data?

Once your application has been accepted we will provide you with a personal login and password that will allow you access to the EASA TCO web-interface. This will allow you to start the technical part of the authorisation process. At this stage you will be requested to submit the technical data package and any related additional information as requested.

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How do I get access to the EASA TCO web-interface?

Upon reception of the TCO application, credentials (Login and password) will be provided to the TCO contact person by Email, together with the link to the EASA TCO web-interface.

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What are the technical requirements needed to access the EASA TCO web interface?

The EASA TCO web-interface runs on all major internet browsers :

To use the EASA TCO web-interface your browser must support JAVA script and SSL (Secure Sockets Layer) in order to secure confidential communication.In order to correctly view and complete the application forms on the TCO web-interface you must have Adobe® Reader® (version 8 or higher) installed on your computers. This can be downloaded free-of-charge from http://www.adobe.com.

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Who has access to the EASA TCO web-interface?

The person who has been explicitly nominated as contact point in the EASA form "Application for Third Country Operators Authorisation" will be the air operator’s Master User for the TCO web-interface. This Master User will be able to register and manage additional Users within his or her organisation. For further details please refer to the Terms of Use of the TCO web-interface, available on the EASA website.

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How do I get my official Authorisation?

Once your technical data has been reviewed and processed (and the outcome is positive) you will receive the official EASA TCO authorisation document. This is valid subject to the conditions specified in the associated technical specifications (published electronically).

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Where can I find the TCO technical specifications associated with my TCO authorisation?

The latest TCO technical specifications associated with your TCO authorisation will be available on-line on the TCO web-interface.

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What is the "TCO Authorisation number" mentioned on the TCO Authorisation?

The TCO Authorisation number (example: EASA.TCO.ABC-0567.01) is the official number of the authorisation document and is composed as follows: - EASA.TCO specifying the type of official EASA document - ABC-0567 corresponding to your TCO Code (unique identifier allocated to you upon application) - 01 the version of your authorisation

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How long should an application for TCO authorisation be submitted before the starting date of operation?

Although TCO.300 (b)(1) requires at least 30 days before the intended starting date of operation, it is highly recommended that you submit the application well in advance of the intended operation. This will allow for sufficient lead time as the Agency, under ART.200(b), might need to extend the assessment period in order to conduct further assessments.

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Will Member States or EASA be responsible for the authorisation of an operator for low visibility operations (LVO)?

When an operator receives the TCO authorisation from EASA the authorisation will be accompanied by technical specifications associated to the authorisation. These technical specifications will contain the scope of the operations authorised in the EU, e.g. LVO, EDTO, PBN, DG. EASA will only authorise an operator for special operations (such as LVO) when the operator is certified for this operation by its competent authority. In other words, the scope of the TCO authorisation can never exceed the scope of operations approved in the underlying AOC issued by the competent authority of the operator.

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Is there any effect on an operator who applies for a TCO if an EASA Member State is not ICAO compliant with a specific ICAO standard (and has notified a difference accordingly)?

In order to be authorised, an operator must comply with all relevant ICAO standards, unless covered by either a) or b) below. a) For reasons of equal treatment, EASA will not require compliance with those ICAO standards for which any EASA Member State has filed a difference to ICAO. b) EASA publishes a list of standards for which mitigating measures can be accepted, should the State of Operator have filed a difference to ICAO. In this case, the operator must demonstrate to EASA that the mitigating measure provides for an equivalent level of safety and that the operator has fully implemented to these mitigating measures for operations to the EU. For all other cases which do not fall under a) or b) the operator needs to demonstrate compliance with the standard. This is regardless of a difference that may have been filed by the State in which the operator is certified.

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With respect to the “Alternative means of Compliance” provision in TCO.105(a), can we deviate from an ICAO standard if we submit a risk assessment to the Agency?

No. Alternative means of compliance cannot be used to establish compliance with ICAO standards (ref. Guidance Material GM1 TCO.105).

TCO.105 (a) solely refers to the situation where an operator intends to deviate from so called Acceptable Means of Compliance (AMC). Currently, EASA has published only three AMC provisions related to Part-TCO, namely AMC1 TCO.105(a), AMC1 TCO.200(b) and AMC1 TCO.210. If the operator is compliant with these three, then TCO.105 is not applicable.

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Will EU Member States continue to be involved in some other related process ?

EU Member States themselves will no longer perform safety assessments on operators holding a TCO authorisation as part of the process to grant operating permits. However, under Part-TCO, EASA will not be involved in the following, and EASA Member States will continue to take care of these individually:

  • commercial agreements (traffic rights), operating permits
  • insurance
  • noise-abatement provisions
  • security
  • exemptions from DGR
  • local aerodrome procedures (steep approach, EVS, …)
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How will EASA deal with ICAO differences under TCO?

Article TCO.110 of Commission Regulation (EU) No 452/2014 provides for mitigating measures by operators for differences to ICAO standards that have been identified by the Agency in accordance with ART.200(d).

Such list of ICAO standards for which EASA may accept mitigating measures is currently being developed in consultation with Member States for ICAO Annexes relevant to TCO (1, 6, 8, 18, 19). The list is therefore not yet available. Once available, it will be published by the Agency with a notification to all stakeholders.

However, it appears unlikely that fundamental, long-standing ICAO standards directly linked to established safety management concepts, such as i.e. flight data recorders and flight data analysis programmes, will be included in this list.

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How can we obtain operating permits for commercial operations to EASA member States?

Member States will continue to issue operating permits for commercial operations in accordance with their national rules until EASA has taken a decision on the TCO application.

This means the operator should:

  • Follow the EASA website and be informed about any information related to Part-TCO
  • Stand-by for EASA to start their TCO authorisation process
  • Access the TCO Web interface and keep update all the information about the operator
  • Continue to apply with Member States for operating permits as they did in the past
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Which aircraft should be notified in the TCO Web Interface to be part of our TCO Authorisation ?

You should only notify aircraft listed in your AOC Operations Specifications and authorised by your Civil Aviation Authority for flights to EU territories and intended to be used for operations to EU territories. To give an example, if you were an airline operating a regional turboprop fleet and a long-haul fleet and you only intended to use your long-haul fleet to the EU, then only enter in the TCO Web Interface your long-haul fleet. If your long-haul fleet consisted of sister aircraft A, B and C and you only intend to use aircraft A and B for flights to EU territories, do not notify aircraft C.

Aircraft planned to be added to your fleet in the future should not be notified to us, until they are endorsed in the Operations Specifications of your AOC. Aircraft withdrawn from operations to the EU and/or withdrawn from your fleet should be deleted in the TCO Web Interface without undue delay.

You can amend the aircraft list in your Basic Operator Data questionnaire any time. It is important that the aircraft list is maintained up-to-date at all times to avoid potential problems, e.g. during ramp inspections.

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Technical Issues

My aircraft is not fitted with a reinforced cockpit door. Can I use it for flights to the EU?

Annex 6 to the Chicago Convention chapter 13.2.2 is fully applicable in the EU: “From 1 November 2003, all passenger-carrying aeroplanes of a maximum certificated take-off mass in excess of 45 500 kg or with a passenger seating capacity greater than 60 shall be equipped with an approved flight crew compartment door that is designed to resist penetration by small arms fire and grenade shrapnel, and to resist forcible intrusions by unauthorised persons. This door shall be capable of being locked and unlocked from either pilot’s station”. If your aircraft falls under the aforementioned criteria for a reinforced cockpit door but is not equipped with one, it cannot be used for commercial air transport operations to the EU.

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Published documents state that the completion of a risk-based safety assessment by EASA may be a desktop review. Can you give some idea as to what facts would lead to a more in-depth review?

Safety information available for the State of Operator and for the operator itself is taken into account in order to determine the level of scrutiny applied in the TCO assessment. Safety information available for the State of Operator will also be taken into account in order to determine which applicants qualify for a straight-forward desktop review. Negative information for the operator itself, e.g. poor results stemming from the SAFA ramp inspection programme, a worrying accident record or credible whistle-blower information may warrant EASA to perform a more in-depth review. The results of the TCO risk-based model help determine the individual assessment methodology. This may range from a simple straight-forward desktop review to various levels of further assessment activities.

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Are there existing recognised audit standards (e.g., ISO 9001, IOSA, IS-BAO, Air Charter Safety Foundation IAS, etc.) that, if accomplished, may ease the assessment process for operators requesting authorisation?

Yes. Demonstrated conformity with industry standards (when fulfilling the requirements set out in TCO.200 and to the extent that they cover the scope defined in TCO.200(a)(1) and in the absence of safety concerns) may result in a bonus rating in the TCO risk-based model.

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Will EASA require the air carrier to keep a current registry of aircraft on file with EASA? How will the process to add or remove aircraft work and how much time can a carrier expect to elapse before a newly-added aircraft is permitted to operate under the air carrier’s TCO authorisation?

All relevant operator information, including the aircraft used, is required to be kept current at all times, using the TCO web-interface.

All relevant operator information, including the aircraft used, is required to be kept current at all times, using the TCO web-interface. Normally, no prior approval by EASA is required for an aircraft of the same type and variant to be added to an already-authorised fleet, provided the information was uploaded prior to using the new aircraft. Should the operator wish to add a new aircraft type or variant (as identified by a different ICAO type designator), then prior approval from EASA must be obtained. The request should be submitted 30 days before the planned date of first use of the new aircraft type (TCO.315). In general, all changes that require EASA to issue a new authorisation document or new technical specifications associated to the TCO authorisation will require prior approval by EASA.

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The rules indicate that operators will be required to demonstrate compliance (perhaps via approved alternative means) where a State has filed differences to an ICAO standard. Can you elaborate on how these differences will be addressed in the TCO process?

A list of standards for which mitigating measures can be accepted when the certifying State has filed a difference will be published by EASA. For standards not on this list, full compliance by the operator is mandatory. For such standards the operator will be required to demonstrate to either be in compliance with the ICAO standard (regardless of a difference filed by its State) or to have put in place mitigating measures that ensure an equivalent level of safety, and are acceptable to EASA.

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Can a TCO authorisation be issued to an applicant operator that has open SAFA ramp inspection findings?

Yes. However, Regulation 452/2014 (TCO Regulation) stipulates that the Agency shall take into account ramp inspections, as well as other recognised information on safety aspects with regards to third country operators.  Open SAFA findings may indicate systemic non-compliances and could warrant the Agency to perform focused assessment during the TCO authorisation process. If evidence gathered during such assessment confirms a non-compliance with an ICAO standard, the Agency would raise a separate finding under Part-TCO which needs to be closed before issuance of a TCO authorisation.

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Will EASA grant a TCO authorisation in the absence of aircraft compliant with the applicable requirements from the Annexes to the Chicago Convention, in one of my declared fleet?

Yes, as long as at least one aircraft is compliant with the applicable requirements from the Annexes to the Chicago Convention, EASA will grant a TCO authorisation. Any non-compliant aircraft and/or fleet will be marked as ‘Not authorised’ in the online TCO web-interface. In such circumstances, the applicant may also proactively remove the non-compliant aircraft from the application in order to avoid having ‘not authorised’ aircraft displayed in the TCO web-interface.

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Will EASA grant a TCO authorisation in the absence of aircraft that are compliant with the applicable requirements from the Annexes to the Chicago Convention?

No, if an applicant for a TCO authorisation does not declare at least one aircraft compliant with the applicable requirements from the Annexes to the Chicago Convention, EASA will not grant a TCO authorisation. In such circumstances, EASA will issue a ‘Negative Decision for Administrative Reasons’ and will mark the aircraft as ‘Not authorised’ in the online TCO web-interface.

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I already have a TCO authorisation. What happens if my circumstances change and all my aircraft become non-compliant with the applicable requirements from the Annexes to the Chicago Convention?

If an existing authorisation does not contain at least one aircraft compliant with the applicable requirements from the Annexes to the Chicago Convention, EASA will have to suspend the existing authorisation and will mark the aircraft as ‘Not authorised’ in the online TCO web-interface. In order to avoid such a situation, the authorised operator can proactively surrender its authorisation and re-apply when at least one aircraft is compliant with the applicable requirements from the Annexes to the Chicago Convention.

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