ATCO.OR.B.001 Application for a training organisation certificate
Regulation (EU) 2023/893
(a) Applications for a training organisation certificate shall be submitted to the competent authority in due time to allow the competent authority to evaluate the application. The application shall be submitted in accordance with the procedure established by that authority.
(b) Applicants for an initial certificate shall demonstrate to the competent authority how they will comply with the requirements established in Regulation (EC) No 216/2008 and in this Regulation.
(c) An application for a training organisation certificate shall include the following information:
(1) the applicant's name and address;
(2) the address(es) of the place(s) of operation (including, where relevant, the list of ATC units) if different from the applicant's address in point (a);
(3) the names and contact details of:
(i) the accountable manager;
(ii) the head of the training organisation, if different from point (i);
(iii) the person(s) nominated by the training organisation as the focal point(s) for communication with the competent authority;
(4) date of intended start of activity or change;
(5) a list of types of training to be provided and at least one training course from each type of training that is intended to be provided;
(6) the declaration of compliance with the applicable requirements shall be signed by the accountable manager, stating the training organisation's compliance with the requirements at all times;
(7) the management system processes; and
(8) the date of application.
[applicable until 3 August 2024 - Regulation (EU) 2015/340]
(a) Applications for a training organisation certificate shall be submitted to the competent authority in due time to allow the competent authority to evaluate the application. The application shall be submitted in accordance with the procedure established by that authority.
(b) Applicants for an initial certificate shall demonstrate to the competent authority how they will comply with the requirements established in Regulation (EU) 2018/1139 and in this Regulation.
(c) An application for a training organisation certificate shall include the following:
(1) the applicant’s name and address;
(2) the address(es) of the place(s) of operation (including, where relevant, the list of ATC units) if different from the applicant’s address in point (1);
(3) the names and contact details of:
(i) the accountable manager;
(ii) the head of the training organisation, if different from point (i);
(iii) the person(s) nominated by the training organisation as the focal point(s) for communication with the competent authority;
(4) the date of intended start of activity or change;
(5) a list of types of training to be provided and at least one training course from each type of training that is intended to be provided;
(6) the declaration of compliance with the applicable requirements which shall be signed by the accountable manager, stating the training organisation’s compliance with the requirements at all times;
(7) the management system processes; and
(8) the date of application.
[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]
GM1 ATCO.OR.B.001(c)(2) Application for a training organisation certificate
ED Decision 2015/010/R
The requirement to add the list of ATC units is not relevant in the case of training organisations which provide initial training only.
ATCO.OR.B.005 Means of compliance
Regulation (EU) 2023/893
(a) Alternative means of compliance to the AMC adopted by the Agency may be used by an organisation to establish compliance with Regulation (EC) No 216/2008 and with this Regulation.
(b) When an organisation wishes to use an alternative means of compliance, it shall, prior to implementing it, provide the competent authority with a full description of the alternative means of compliance. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment demonstrating compliance with Regulation (EC) No 216/2008 and its implementing rules.
(c) The organisation may implement these alternative means of compliance subject to prior approval by the competent authority and upon receipt of the notification as prescribed in ATCO.AR.A.015(d).
[applicable until 3 August 2024 - Regulation (EU) 2015/340]
(a) An organisation may use any alternative means of compliance to establish compliance with this Regulation.
(b) If an organisation wishes to use an alternative means of compliance, it shall, prior to using it, provide the competent authority with a full description. The description shall include any revisions to manuals or procedures that may be relevant, as well as an explanation indicating how compliance with this Regulation is achieved.
The organisation may use those alternative means of compliance subject to prior approval from the competent authority.
[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]
DEMONSTRATION OF COMPLIANCE
In order to demonstrate that the Implementing Rules are complied with, a safety (risk) assessment should be completed and documented. The result of this safety (risk) assessment should demonstrate that an equivalent level of safety to that established by the Acceptable Means of Compliance (AMC) adopted by the Agency is reached.
ATCO.OR.B.010 Terms of approval and privileges of a training organisation certificate
Regulation (EU) 2023/893
(a) Training organisations shall comply with the scope and privileges defined in the terms of approval attached to the organisation's certificate.
(b) In order to ensure that the applicable requirements in Subpart D of Annex I (Part ATCO) are fulfilled, the privilege to provide unit and continuation training shall only be granted to training organisations which:
(1) hold a certificate for the provision of the air traffic control service; or
(2) have concluded a specific agreement with the ATC provider.
[applicable until 3 August 2024 - Regulation (EU) 2015/340]
(b) In order to ensure that the applicable requirements in Subpart D of Annex I (Part ATCO) are fulfilled, the privilege to provide unit and/or continuation training shall only be granted to training organisations which:
(1) hold a certificate for the provision of the air traffic control service; or
(2) have concluded a specific agreement with the ATC provider.
[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]
AMC1 ATCO.OR.B.010(a) Terms of approval and privileges of a training organisation certificate
ED Decision 2015/010/R
The management system documentation should contain the privileges and detailed scope of activities including the contracted ones for which the training organisation is certified, as relevant to this Regulation.
GM1 ATCO.OR.B.010(b) Terms of approval and privileges of a training organisation certificate
ED Decision 2015/010/R
PROVIDING ON-THE-JOB TRAINING VIA AGREEMENT WITH THE ATC PROVIDER
The specific agreement should detail the issues of liability and insurance for the provision of air traffic control service during on-the-job training and consider the relevant provisions of ATCO.OR.C.005 in order to ensure conformity of the contracted or purchased activity or part of activity to the applicable requirements as well as those of ATCO.OR.B.040 on occurrence reporting and ATCO.OR.C.025 on funding and insurances.
ATCO.OR.B.015 Changes to the training organisation
Regulation (EU) 2023/893
(a) Changes to the organisation that affect the certificate or the terms of approval of the training organisation or any relevant element of the training organisation's management systems shall require prior approval by the competent authority.
(b) Training organisations shall agree with their competent authority on the changes that require prior approval in addition to those specified in point (a).
(c) For any changes requiring prior approval in accordance with points (a) and (b), the training organisation shall apply for and obtain an approval issued by the competent authority. The application shall be submitted before any such change takes place in order to enable the competent authority to determine continued compliance with this Regulation and to amend, if necessary, the training organisation certificate and related terms of approval attached to it.
Training organisations shall provide the competent authority with all relevant documentation.
The change shall only be implemented upon receipt of formal approval by the competent authority in accordance with ATCO.AR.E.010.
Training organisations shall operate under the conditions prescribed by the competent authority during such changes, as applicable.
(d) Changes to the elements referred to in point (a) due to unforeseen circumstances shall be notified to the competent authority without delay in order to obtain approval as necessary.
(e) All changes not requiring prior approval shall be managed and notified to the competent authority as defined in the procedure approved by the competent authority in accordance with ATCO.AR.E.010.
(f) Training organisations shall notify the competent authority when they cease their activities.
[applicable until 3 August 2024 - Regulation (EU) 2015/340]
(a) The following change shall require prior approval before their implementation, unless such a change is notified and managed in accordance with a procedure approved by the competent authority as laid down in point ATCO.AR.E.010(c):
(1) a change affecting the scope of the certificate or the terms of approval of the training organisation; or
(2) a change affecting any relevant element of the training organisation’s management systems.
(b) For any changes requiring prior approval in accordance with point (a), the training organisation shall apply for and obtain an approval issued by the competent authority. The application shall be submitted before any such change takes place in order to enable the competent authority to determine continued compliance with this Regulation and to amend, if necessary, the training organisation certificate and related terms of approval attached to it.
Training organisations shall provide the competent authority with all relevant documentation.
The change shall only be implemented upon receipt of formal approval by the competent authority in accordance with point ATCO.AR.E.010.
Training organisations shall operate under the conditions prescribed by the competent authority during such changes, as applicable.
(c) Changes to the elements referred to in point (a) due to unforeseen circumstances shall be notified to the competent authority without delay in order to obtain approval as necessary.
(d) Training organisations shall notify the competent authority when they cease their activities.
[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]
AMC1 ATCO.OR.B.015 Changes to the training organisation
ED Decision 2015/010/R
GENERAL
(a) Training organisations should inform the competent authority 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) Training organisations should send to the competent authority each management system documentation amendment. Where the amendment requires the competent authority’s approval, the training organisation should receive it in writing.
GM1 ATCO.OR.B.015 Changes to the training organisation
ED Decision 2023/011/R
GENERAL
(a) Examples of changes that may affect the certificate or the terms of approval of the training organisation or the training organisation’s management system are listed below:
(1) the name of the training organisation;
(2) change of legal entity;
(3) the training organisation’s principal place of operation;
(4) the training organisation’s type(s) of training;
(5) additional locations of the training organisation;
(6) the accountable manager;
(7) any of the persons referred to in Part ATCO.OR;
(8) the training organisation’s documentation as required by Subpart ATCO.OR.B on safety policy and procedures;
[applicable until 3 August 2024 - ED Decision 2015/010/R]
(8) the training organisation’s documentation as required by Subpart ATCO.OR.C on safety policy and procedures;
[applicable from 4 August 2024 - ED Decision 2023/011/R]
(9) the facilities.
(b) Prior approval by the competent authority is required for any changes to the training organisation’s procedure describing how changes not requiring prior approval will be managed and notified to the competent authority.
GM2 ATCO.OR.B.015 Changes to the training organisation
ED Decision 2015/010/R
CHANGE OF NAME
A change of name requires the training organisation to submit a new application as a matter of urgency.
Where this is the only change to report, the new application can be accompanied by a copy of the documentation previously submitted to the competent authority under the previous name, as a means of demonstrating how the training organisation complies with the applicable requirements.
ATCO.OR.B.020 Continued validity
Regulation (EU) 2023/893
(a) A training organisation's certification shall remain valid subject to the certificate not being surrendered or revoked and subject to the training organisation remaining in compliance with the requirements of Regulation (EC) 216/2008 and this Regulation, taking into account the provisions related to the handling of findings in accordance with ATCO.OR.B.030.
(b) The certificate shall be returned to the competent authority without delay upon its revocation or the cease of all activities.
[applicable until 3 August 2024 - Regulation (EU) 2015/340]
(a) A training organisation’s certification shall remain valid subject to the certificate not being surrendered or revoked and subject to the training organisation remaining in compliance with the requirements of Regulation (EU) 2018/1139 and this Regulation, taking into account the provisions related to the handling of findings in accordance with point ATCO.OR.B.030.
(b) The certificate shall be returned to the competent authority without delay upon its revocation or the cessation of all activities.
[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]
ATCO.OR.B.025 Access to training organisations' facilities and data
Regulation (EU) 2015/340
Training organisations and applicants for training organisation certificates shall grant access to any person authorised by or acting on behalf of the competent authority to the relevant premises in order to examine the required records, data, procedures and any other material pertinent to the execution of the tasks of the competent authority.
Regulation (EU) 2023/893
After receipt of notification of findings issued by the competent authority in accordance with ATCO.AR.E.015, the training organisation shall:
(a) identify the root cause of the finding;
(b) define a corrective action plan; and
(c) demonstrate the corrective action implementation to the satisfaction of the competent authority within the period agreed with that authority as defined in ATCO.AR.E.015.
[applicable until 3 August 2024 - Regulation (EU) 2015/340]
After receipt of notification of findings issued by the competent authority in accordance with point ATCO.AR.E.015, the training organisation shall:
(a) identify the root cause of the finding;
(b) define a corrective action plan that meets the acceptance of the competent authority; and
(c) demonstrate corrective action implementation to the satisfaction of the competent authority within the period agreed with that authority as defined in point ATCO.AR.E.015.
[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]
AMC1 ATCO.OR.B.030(b) Findings and corrective actions
ED Decision 2023/011/R
GENERAL
The corrective action plan defined by the training organisation should address the effects of any non- compliance and its root cause.
[applicable from 4 August 2024 - ED Decision 2023/011/R]
GM1 ATCO.OR.B.030(a);(b) Findings
ED Decision 2015/010/R
CORRECTIVE ACTION PLAN AND ROOT CAUSE
(a) Corrective action is the action to eliminate the root cause of a non-compliance in order to prevent its recurrence.
(b) Determination of the root cause is crucial for defining effective corrective actions.
ED Decision 2015/010/R
COMPETENT AUTHORITY
When reference is made to the competent authority, this means either the competent authority that has issued the certificate or the competent authority ensuring oversight of activities, if they are different, based on the agreement concluded between the authorities.
ATCO.OR.B.035 Immediate reaction to a safety problem
Regulation (EU) 2023/893
The training organisation shall implement any safety measures mandated by the competent authority in accordance with ATCO.AR.C.001(a)(3) for the training organisation activities.
[applicable until 3 August 2024 - Regulation (EU) 2015/340]
The training organisation shall implement any safety measures mandated by the competent authority in accordance with point ATCO.AR.A.025(c) and (d) for the training organisation activities.
[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]
ATCO.OR.B.040 Occurrence reporting
Regulation (EU) 2023/893
(a) Training organisations providing on-the-job training shall report to the competent authority, and to any other organisation required by the State of the operator to be informed, any accident, serious incident and occurrence as defined in Regulation (EU) No 996/2010 of the European Parliament and of the Council22 Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, p. 35). and Regulation (EU) No 376/2014, resulting from their training activity.
(b) Reports shall be made as soon as practicable, but in any case within 72 hours of the training organisation identifying the condition to which the report relates, unless exceptional circumstances prevent this.
(c) Where relevant, training organisations shall produce a follow-up report to provide details of actions it intends to take to prevent similar occurrences in the future, as soon as these actions have been identified.
(d) Without prejudice to Regulation (EU) No 996/2010 and Regulation (EU) No 376/2014, the reports referred to in points (a), (b) and (c) shall be made in a form and manner established by the competent authority and contain all pertinent information about the condition known to the training organisation.
[applicable until 3 August 2024 - Regulation (EU) 2015/340]
(a) As part of their management system, training organisations providing on-the-job training shall establish and maintain an occurrence-reporting system, including mandatory and voluntary reporting. The training organisations established in a Member State and providing on-the-job training in the territory to which the Treaties apply shall ensure that the system complies with the requirements of Regulation (EU) No 376/2014 and its implementing acts and of Regulation (EU) 2018/1139 and its delegated and implementing acts.
(b) Training organisations providing on-the-job training shall report to the competent authority and any other organisation required to be informed by the Member State where the training organisation provides on-the-job training, any safety-related event or condition resulting from their training activity that endangers or, if not corrected or addressed, could endanger an aircraft, its occupants or any other person, and in particular any accident or serious incident.
(c) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, reports in accordance with point (b) above shall:
(1) be made as soon as practicable, but in any case within 72 hours after the organisation became aware of the event or condition to which the report relates unless exceptional circumstances prevent this;
(2) be made in a form and manner established by the competent authority;
(3) contain all pertinent information about the condition known to the organisation.
(d) For training organisations not established in a Member State and providing on-the-job training in the territory to which the Treaties apply, the initial mandatory reports shall:
(1) appropriately safeguard the confidentiality of the identity of the reporter and of the persons mentioned in the report;
(2) be made as soon as practicable, but in any case within 72 hours after the organisation became aware of the occurrence unless exceptional circumstances prevent this;
(3) be made in a form and manner established by the competent authority; and
(4) contain all pertinent information about the condition known to the organisation.
(e) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, where relevant, a follow-up report providing details of actions the organisation intends to take to prevent similar occurrences in the future shall be made as soon as these actions have been identified; those follow-up reports shall:
(1) be sent to relevant entities initially reported to as per points (b) and (c); and
(2) be made in a form and manner established by the competent authority.
[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]
AMC1 ATCO.OR.B.040 Occurrence reporting
ED Decision 2023/011/R
MANDATORY REPORTING — GENERAL
Training organisations should report all occurrences that may involve an actual or potential aviation safety risk. Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/201423Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L 163, 30.6.2015, p. 1). and point ATCO.OR.B.040(c) of Annex III (Part ATCO.OR) to Commission Regulation (EU) 2015/340 provide examples of what is required to be reported. Reporting should not be limited to those items listed in Commission Implementing Regulation (EU) 2015/1018 and in point ATCO.OR.B.040(c) of Annex III (Part ATCO.OR) to Commission Regulation (EU) 2015/340.
[applicable from 4 August 2024 - ED Decision 2023/011/R]
GM1 ATCO.OR.B.040 Occurrence reporting
ED Decision 2023/011/R
The training organisation’s report should focus on occurrences taking place during on-the-job training with regard to the training aspects involved.
The report may be submitted together with or as an integral part of the report prepared by the air navigation service provider.
[applicable until 3 August 2024 - ED Decision 2015/010/R]
GENERAL
The training organisation’s report should focus on occurrences taking place during on-the-job training with regard to the training aspects involved.
Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, the report may be submitted together with, or as an integral part of, the report prepared by the air navigation service provider.
[applicable from 4 August 2024 - ED Decision 2023/011/R]
AMC1 ATCO.OR.B.040(a) Occurrence reporting
ED Decision 2023/011/R
GENERAL
(a) Where the training organisation holds one or more additional organisation certificates within the scope of Regulation (EU) 2018/1139 and its delegated and implementing acts:
(1) it may establish an integrated occurrence-reporting system covering all certificate(s) held; and
(2) single reports for occurrences should only be provided if the following conditions are met:
(i) the report includes all relevant information from the perspective of the different organisation certificates held;
(ii) the report addresses all relevant specific mandatory data fields and clearly identifies all certificate holders for which the report is made; and
(iii) the competent authority for all certificates is the same and such single reporting was agreed with that competent authority.
(b) The training organisation should assign responsibility to one or more suitably qualified persons with clearly defined authority for coordinating actions on occurrences and for initiating any necessary further investigation and follow-up activities.
(c) If more than one person is assigned such responsibility, the training organisation should identify a single person to act as the main focal point for ensuring a single reporting channel is established to the accountable manager. This should in particular apply to training organisations that hold one or more additional organisation certificates within the scope of Regulation (EU) 2018/1139 and its delegated and implementing acts where the occurrence-reporting system is fully integrated with that required under the additional certificate(s) held.
[applicable from 4 August 2024 - ED Decision 2023/011/R]