ATCO.AR.E.001 Application and certification procedure for training organisations

Regulation (EU) 2023/893

(a) Upon receiving an application for the issue of a training organisation certificate, the competent authority shall verify the training organisation's compliance with the requirements set out in Annex III.

(b) If the applicant training organisation fulfils the applicable requirements, the competent authority shall issue a certificate using the format established in Appendix 2 of Annex II.

(c) To enable an organisation to implement changes without prior competent authority's approval in accordance with ATCO.OR.B.015 and ATCO.AR.E.010(c), the competent authority shall approve the procedure submitted by the training organisation defining the scope of such changes and describing how such changes will be managed and notified.

[applicable until 3 August 2024 - Regulation (EU) 2015/340]

ATCO.AR.E.001 Certification procedure for training organisations and issue of certificate

(a) Upon receiving an application for the issue of a training organisation certificate, the competent authority shall verify the training organisation's compliance with the applicable requirements of this Regulation.

(b) The competent authority may require any audits, inspections or assessments of the training organisation it finds necessary before issuing the certificate.

(c) If the applicant training organisation fulfils the applicable requirements, the competent authority shall issue a certificate using the format established in Appendix 2 to Annex II.

(d) The certificate shall be issued for an unlimited duration. The activities that the training organisation is approved to conduct shall be specified in the attachment to the certificate.

(e) The certificate shall not be issued where a level 1 finding remains open. In exceptional circumstances, finding(s), other than level 1, shall be assessed and mitigated as necessary by the training organisation and a corrective action plan for closing the finding(s) shall be approved by the competent authority prior to the certificate being issued.

(f) To enable an organisation to implement changes without prior competent authority’s approval in accordance with points ATCO.OR.B.015 and ATCO.AR.E.010(c), the competent authority shall approve the procedure submitted by the training organisation defining the scope of such changes and describing how such changes will be managed and notified.

[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]

AMC1 ATCO.AR.E.001(a) Application and certification procedure for training organisations

ED Decision 2023/011/R

[applicable until 3 August 2024 - ED Decision 2015/010/R]

AMC1 ATCO.AR.E.001(a);(b) Certification procedure for training organisations and issue of certificates

[applicable from 4 August 2024 - ED Decision 2023/011/R]

VERIFICATION OF COMPLIANCE

(a) The competent authority should verify the applicant’s compliance through an audit of the organisation, including interviews of personnel and inspections carried out at the organisation’s facilities.

(b) The competent authority should only conduct such audit after being satisfied that the application for a certificate complies with the applicable requirements.

(c) The audit should include but should not be limited to the following areas:

(1) detailed management structure, including names and qualifications of personnel required by ATCO.OR.C.010, adequacy of the organisation and management structure;

(2) adequacy of number and qualifications of personnel;

(3) safety management and compliance monitoring with applicable requirements;

(4) adequacy of the facilities with regard to the organisation’s scope of training;

(5) documentation on the basis of which the certificate shall be granted (organisation documentation as required by Annex III (Part ATCO.OR), including manuals, training plans and course documentation).

[applicable until 3 August 2024 - ED Decision 2015/010/R]

(c) The audit should include but should not be limited to the following areas:

(1) detailed management structure, including names and qualifications of personnel required by point ATCO.OR.C.010, adequacy of the organisation and management structure;

(2) adequacy of number and qualifications of personnel;

(3) safety management and compliance monitoring with applicable requirements;

(4) adequacy of the facilities with regard to the organisation’s scope of training;

(5) documentation on the basis of which the certificate shall be granted (organisation documentation as required by Annex III (Part ATCO.OR), including manuals, training plans and course documentation).

[applicable from 4 August 2024 - ED Decision 2023/011/R]

(d) In case of non-compliance, the applicant should be informed in writing of the corrections required.

ISSUE OF A CERTIFICATE

(a) The attachment to the air traffic controller training organisation’s certificate should specify the privileges that the air traffic controller training organisation has obtained to provide and conduct the corresponding training.

(b) The certificate should not be issued where a level 1 finding remains open. In exceptional circumstances, finding(s), other than level 1, should be assessed and mitigated as necessary by the air traffic controller training organisation and a corrective action plan for closing the finding(s) should be approved by the competent authority prior to the issue of the certificate.

[applicable until 3 August 2024 - ED Decision 2015/015/R]

REMARKS TO THE CERTIFICATE

Remarks in the attachment to the ATCO training organisation certificates may, as appropriate, be related to:

(a) sites where the initial training is to be provided, if different from the principal place of the operation;

(b) provision of information reasonably required for the verification of the continuous compliance with the applicable requirements;

(c) contracts, agreements or other arrangements concluded between the training organisation and a third party, and which concern the training to be provided;

(d) any possible (legal) conditions, which are not specific to the training to be provided, etc.

[applicable from 4 August 2024 - ED Decision 2023/011/R]

ATCO.AR.E.005 Approval of training courses and training plans

Regulation (EU) 2023/893

(a) The competent authority shall approve training courses and training plans developed in accordance with the requirements laid down in ATCO.OR.D.001.

(b) Following an exchange of a licence according to ATCO.A.010 the competent authority shall approve or reject the unit endorsement course established in accordance with ATCO.B.020(b) and (c) not later than six weeks after presentation of the application for the approval of the course, and ensure that the principles of non-discrimination and proportionality are respected.

[applicable until 3 August 2024 - Regulation (EU) 2015/340]

(b) For the purposes of change of competent authority according to point ATCO.A.010, the competent authority shall approve or reject the unit endorsement course established in accordance with point ATCO.B.020 (b) and (e) not later than 6 weeks after presentation of the application for the approval of the course, and ensure that the principles of non-discrimination and proportionality are respected.

[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]

ATCO.AR.E.010  Changes to the training organisations

Regulation (EU) 2015/340

(a) Upon receiving an application for a change that requires prior approval in accordance with ATCO.OR.B.015, the competent authority shall verify the training organisation's compliance with the requirements set out in Annex III before the issue of the approval.

The competent authority shall approve the conditions under which the organisation may operate during the change, unless the competent authority determines that the change cannot be implemented.

After having verified that the training organisation complies with the applicable requirements, the competent authority shall approve the change.

(b) Without prejudice to any additional enforcement measures in accordance with ATCO.AR.E.015, when the organisation implements changes requiring prior approval without having received the competent authority's approval as defined in point (a), the competent authority shall take immediate and adequate action.

(c) For changes not requiring prior approval, the competent authority shall approve a procedure developed by the training organisation in accordance with ATCO.OR.B.015 defining the scope of such changes and its management and notification mechanism. In the continuous oversight process the competent authority shall assess the information provided in the notification to verify whether actions taken comply with the approved procedures and applicable requirements.

GENERAL

(a) The competent authority should be informed of any changes to personnel specified in Annex III (Part ATCO.OR) that may affect the certificate or the training approval attached to it.

(b) A simple management system documentation system status sheet should be maintained, which contains information on when an amendment was received by the competent authority and when it was approved.

(c) The competent authority should receive from the organisation each management system documentation amendment, including amendments that do not require prior approval by the competent authority.

(1) Where the amendment requires the competent authority’s approval, the competent authority, when satisfied, should approve in writing.

(2) Where the amendment does not require prior approval, the competent authority should acknowledge receipt of the notification in writing within 10 working days from receipt.

CHANGES REQUIRING PRIOR APPROVAL

(a) Upon receipt of an application for a proposed change that requires prior approval, the competent authority should, in due time:

(1) assess the proposed change in relation to the training organisation’s certificate or the training approval attached or the management system of it, and the applicable requirements of Part ATCO.OR, as well as any other applicable requirements; and

(2) assess the actions proposed by the training organisation in order to show compliance;

[applicable until 3 August 2024 - ED Decision 2015/010/R]

(a) Upon receipt of an application for a proposed change that requires prior approval, the competent authority should, in due time:

(1) assess the proposed change in relation to the training organisation’s certificate or the training approval attached or the management system of it, and the applicable requirements of Part ATCO.OR, as well as any other applicable requirements;

(2) assess the actions proposed by the training organisation in order to show compliance; and

(3) notify the training organisation of its approval/rejection without delay.

[applicable from 4 August 2024 - ED Decision 2023/011/R]

(b) The competent authority should, in due time, verify the compliance of the training organisation and, depending on the change, examine the need for prescribing any condition for the operation of it during the change.

(c) For changes requiring prior approval, the competent authority may conduct an audit of the organisation in order to verify the training organisation’s compliance with the applicable requirements.

(d) When notifying the training organisation in accordance with AMC1 ATCO.AR.E.010(c)(1), the competent authority should also inform the organisation of the right of appeal, as exists under the applicable national legislation.

[applicable until 3 August 2024 - ED Decision 2015/010/R]

(d) When notifying the training organisation, the competent authority should also inform the organisation of the right to appeal, as provided for under the applicable national legislation.

[applicable from 4 August 2024 - ED Decision 2023/011/R]

CHANGE OF NAME OF THE TRAINING ORGANISATION

(a) Upon receipt of the application and the relevant parts of the organisation’s documentation as required by Annex III (Part ATCO.OR), the competent authority should reissue the certificate.

(b) A name change alone does not require the competent authority to audit the organisation unless there is evidence that other aspects of the organisation have changed.

ADEQUATE ACTION

Adequate action by the competent authority may include suspension, limitation or revocation of the training organisation’s certificate.

ATCO.AR.E.010A Changes to the information security management system

Regulation (EU) 2023/203

(a) With regard to changes managed and notified to the competent authority in accordance with the procedure set out in point IS.I.OR.255(a) of Annex II (Part-IS.I.OR) to Implementing Regulation (EU) 2023/203, the competent authority shall include the review of such changes in its continuing oversight in accordance with the principles laid down in point ATCO.AR.C.001. If any non-compliance is found, the competent authority shall notify the organisation thereof, request further changes and act in accordance with point ATCO.AR.C.010.

(b) With regard to other changes requiring an application for approval in accordance with point IS.I.OR.255(b) of Annex II (Part-IS.I.OR) to Implementing Regulation (EU) 2023/203:

(1) upon receiving the application for the change, the competent authority shall check the organisation’s compliance with the applicable requirements before issuing the approval;

(2) the competent authority shall establish the conditions under which the organisation may operate during the implementation of the change;

(3) if it is satisfied that the organisation complies with the applicable requirements, the competent authority shall approve the change.

[Applicable from 22 February 2026 – Regulation (EU) 2023/203]

ATCO.AR.E.015 Findings and corrective actions

Regulation (EU) 2023/893

(a) The competent authority shall have a system to analyse findings for their safety significance.

(b) A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and this Regulation, with the training organisation's procedures and manuals, with the type(s) of training and/or service(s) provided or certificate(s) which lowers or seriously endangers safety and/or results in a significant degradation of the training provided.

A level 1 finding shall include, but shall not be limited to:

(1) failure to give the competent authority access to the training organisation's facilities as defined in ATCO.OR.B.025 during normal operating hours and after two written requests;

(2) obtaining or maintaining the validity of the training organisation certificate by falsification of submitted documentary evidence;

(3) evidence of malpractice or fraudulent use of the training organisation certificate; and

(4) the lack of an accountable manager.

(c) A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and this Regulation, with the training organisation's procedures and manuals, with the type(s) of training and/or service(s) provided or certificate(s) which could lower or endanger safety and/or could result in a degradation of the training provided.

(d) When a finding is detected during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EC) No 216/2008 and this Regulation, communicate the finding to the training organisation in writing and request corrective action to address the non-compliance(s) identified.

(1) In the case of level 1 findings the competent authority shall take immediate and appropriate action to prohibit or limit activities, and if appropriate, it shall take action to revoke the certificate or to limit or suspend it in whole or in part, depending upon the extent of the finding, until successful corrective action has been taken by the training organisation.

(2) In the case of level 2 findings the competent authority shall:

(i) grant the training organisation a corrective action implementation period included in an action plan appropriate to the nature of the finding; and

(ii) assess the corrective action and implementation plan proposed by the training organisation and, if the assessment concludes that they are sufficient to address the non-compliance(s), accept these.

(3) Where a training organisation fails to submit an acceptable corrective action plan, or to perform the corrective action within the time period accepted or extended by the competent authority, the finding shall be raised to a level 1 finding, and action shall be taken as laid down in point (d)(1).

(e) The competent authority shall record all findings it has raised and, where applicable, the enforcement measures it has applied, as well as all corrective actions and the date of action closure for findings.

[applicable until 3 August 2024 - Regulation (EU) 2015/340]

ATCO.AR.E.015 Findings, corrective actions and enforcement measures

(a) The competent authority shall have a system to analyse findings for their safety significance and decide on enforcement measures on the basis of the risk posed by the training organisation’s non-compliance.

(b) A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and this Regulation, with the certificate and/or its terms of approval and privileges, which poses a significant risk to flight safety and/or otherwise calls into question the training organisation’s capability to continue the training provision.

A level 1 finding shall include, but shall not be limited to:

(1) providing training in a way which introduces a significant risk to flight safety;

(2) failure to give the competent authority access to the training organisation’s facilities as defined in point ATCO.OR.B.025 during normal operating hours and after two written requests;

(3) obtaining or maintaining the validity of the training organisation certificate by falsification of submitted documentary evidence;

(4) evidence of malpractice or fraudulent use of the training organisation certificate; and

(5) the lack of an accountable manager.

(c) A level 2 finding shall be issued by the competent authority when any other non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and this Regulation, with the training organisation’s procedures and manuals or with the type(s) of training provided or certificate(s).

(d) When a finding is detected during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EU) 2018/1139 and this Regulation, communicate the finding to the training organisation in writing and request corrective action to address the non-compliance(s) identified.

(1) In the case of level 1 findings, the competent authority shall take immediate and appropriate action to prohibit or limit activities, and if appropriate, it shall take action to revoke the certificate or to limit or suspend it in whole or in part, depending upon the extent of the finding, until successful corrective action has been taken by the training organisation.

(2) In the case of level 2 findings, the competent authority shall:

(i) grant the training organisation a corrective action implementation period included in an action plan appropriate to the nature of the finding; and

(ii) assess the corrective action and implementation plan proposed by the training organisation and, if the assessment concludes that they are sufficient to address the non-compliance(s), accept these.

(3) Where a training organisation fails to submit an acceptable corrective action plan, or to perform the corrective action within the time period accepted or extended by the competent authority, the finding shall be raised to a level 1 finding, and action shall be taken as laid down in point (d)(1).

(e) The competent authority shall record all findings it has raised and, where applicable, the enforcement measures it has applied, as well as all corrective actions and the date of action closure for findings.

(f) For cases not requiring the issue of level 1 and 2 findings, the competent authority may issue observations.

[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]

CORRECTIVE ACTION IMPLEMENTATION PERIOD

The corrective action implementation period included in an action plan granted by the competent authority initially should not exceed three months. At the end of this period, and subject to the nature of the finding, the competent authority may extend the three-month period subject to a satisfactory corrective action plan agreed to by the competent authority.

[applicable until 3 August 2024 - ED Decision 2015/010/R]

LEVEL 1

For a level 1 finding, it may be necessary for the competent authority to ensure that further training by the organisation is carried out and audited by the competent authority before the activity is resumed, dependent upon the nature of the finding.

Only the certifying competent authority may take action on the certificate.

CORRECTIVE ACTION IMPLEMENTATION PERIOD

The three-month period should commence from the date of the communication of the finding to the training organisation in writing and requesting corrective action to address the non-compliance(s) identified in accordance with ATCO.AR.E.015(d).

[applicable until 3 August 2024 - ED Decision 2015/010/R]