ANNEX 1 — THIRD COUNTRY OPERATORS (Part-TCO)

Section I — General requirements

Regulation (EU) 2023/659

This Annex (‘Part-TCO’) establishes requirements to be followed by a third country operator engaged in commercial air transport operations into, within or out of the territory subject to the provisions of the Treaties.

ED Decision 2023/006/R

TECHNICAL LANDING

The intended use of an aerodrome located in the territory subject to the provisions of the Treaties as a technical stop (e.g. for the purpose of refueling or crew change) as part of a CAT operation falls within the scope of TCO.100 and requires a TCO authorisation.

ALTERNATE AERODROMES

The selection and use of an aerodrome located in the territory subject to the provisions of the Treaties as an alternate aerodrome for the case of an in-flight diversion does not fall within the scope of TCO.100 and does not require a TCO authorisation.

CODE-SHARE AGREEMENTS

An aircraft used by a third country operator under a so-called code-share agreement with a Member State operator only falls within the scope of TCO.100 and is required to hold a TCO authorisation if the aircraft is used to perform commercial air transport to the territory subject to the provisions of the Treaties.

WET-LEASE AGREEMENTS

A third country operator that leases out aircraft under a wet-lease agreement falls within the scope of TCO.100 and is required to hold a TCO authorisation for aircraft under its air operator certificate (AOC) that are used to fly to the territory subject to the provisions of the Treaties.

Third country operators currently not holding a valid TCO authorisation may wet-lease-in aircraft from other authorised third country operators or from Member State operators for the purpose of flights to the territory subject to the provisions of the Treaties.

DRY-LEASE AGREEMENTS

A third country operator that leases out aircraft under a dry-lease agreement does not fall within the scope of TCO.100 and does not need a TCO authorisation. The requirement to hold a TCO authorisation for aircraft used to fly to the territory subject to the provisions of the Treaties rests with the operator that has dry-leased-in the aircraft and is responsible for the operation and airworthiness under its AOC.

OTHER TYPES OF OPERATION

The following types of operations do not fall within the scope of TCO.100 and do not require a TCO authorisation:

—Operations conducted by third country operators that are excluded from the scope of Regulation (EU) 2018/1139, such as flights referred to in Article 2(3)(a) of that Regulation (e.g. military, customs, police, search and rescue, firefighting),

—General Aviation operations,

—Flights arranged by means of diplomatic clearances,

—Any other type of operations that do not fall under the definition of commercial air transport (e.g. ferry flights to a maintenance basis or delivery flights).

Specialised operations (e.g. hoist, photographic or surveillance operations) do not fall within the scope of TCO.100 and do not require a TCO authorisation but may require an approval from the Member State(s) concerned.

Regulation (EU) No 452/2014

(a)The third country operator shall ensure that any person authorised by the Agency or the Member State in whose territory one of its aircraft has landed will be permitted to board such aircraft, at any time, with or without prior notice to:

(1)inspect the documents and manuals to be carried on board and to perform inspections to ensure compliance with Part-TCO; or

(2)carry out a ramp inspection as referred to in Annex II to Commission Regulation (EU) No 965/2012 of 5 October 2012.

(b)The third country operator shall ensure that any person authorised by the Agency is granted access to any of its facilities or documents related to its activities, including any subcontracted activities, to determine compliance with Part-TCO.

Section II — Air operations

Regulation (EU) 2023/659

(a)The third country operator shall comply with:

(1)the applicable standards contained in the Annexes to the Convention on International Civil Aviation, in particular Annexes 1 (Personnel licensing), 2 (Rules of the Air), 6 (Operation of Aircraft), as applicable, 8 (Airworthiness of Aircraft), 18 (Dangerous Goods), and 19 (Safety Management);

(2)the applicable safety directives issued by the Agency in accordance with Article 76(6) of Regulation (EU) 2018/1139;

(3)the relevant requirements of Part-TCO; and

(4)the applicable requirements of Regulation (EU) No 923/2012 ⁸.

(b)The third country operator shall ensure that an aircraft operated into, within or out of the territory subject to the provisions of the Treaties is operated in accordance with:

(1)its air operator certificate (AOC) and associated operations specifications in accordance with ICAO Annex 6; and

(2)the TCO authorisation issued in accordance with this Regulation and the scope and privileges contained therein.

(c)The third country operator shall ensure that an aircraft operated into, within or out of the territory subject to the provisions of the Treaties has a certificate of airworthiness (CofA) issued or validated in accordance with ICAO Annex 8 by:

(1)the State of registry; or

(2)the State of the third country operator, provided that the State of the third country operator and the State of registry have entered into an agreement under Article 83bis of the Convention on International Civil Aviation that transfers the responsibility for the issue of the CofA.

(d)The third country operator shall, upon request, provide the Agency with any information relevant for verifying compliance with Part-TCO.

(e)Without prejudice to Regulation (EU) No 996/2010 of the European Parliament and of the Council ⁹, the third country operator shall without undue delay report to the Agency any accident as defined in ICAO Annex 13, involving aircraft used under its AOC, including those aircraft that are not intended to be flown into, within or out of the territory subject to the provisions of the Treaties.

ED Decision 2023/006/R

When the State of the operator or the State of registry have notified differences to ICAO standards, the exemptions referred to in Article 76(4) of Regulation (EU) 2018/1139 (the EASA Basic Regulation) may be used to grant an authorisation, provided that the conditions and criteria established therein are met.

ED Decision 2023/006/R

DIFFERENCE BETWEEN OPERATIONS SPECIFICATIONS AND TCO AUTHORISATION

Whenever there is a difference between the operations specifications associated with the air operator certificate (AOC) and the scope and privileges granted in the TCO authorisation, the more limiting one should apply.

ED Decision 2023/006/R

The scope and the privileges contained in the TCO authorisation include the list of aircraft that can be used under the TCO authorisation as well as any limitation to the TCO authorisation.

SPECIAL AUTHORISATION

The operator may benefit from all approvals granted by its competent authority unless the Agency has imposed a limitation.

Those approvals may include, but are not limited to, the carriage of dangerous goods, low-visibility operations (LVO), reduced vertical separation minima (RVSM), extended diversion time operations (EDTO), AR navigation specifications for performance-based navigation (e.g. RNP-AR), and use of electronic flight bag (EFB).

Regulation (EU) 2023/659

When undertaking operations within the airspace above the territory to which the Treaties apply the third country operator shall equip its aircraft with and operate such navigation, communication and surveillance equipment as required in that airspace.

Regulation (EU) No 452/2014

The third country operator shall ensure that all documents, manuals and records that are required to be carried on board are valid and-up-to-date.

ED Decision 2014/023/R

GENERAL

The documents, manuals and information may be available in a form other than on printed paper. Accessibility, usability and reliability should be assured.

ED Decision 2014/023/R

GENERAL

The third country operator is not required to carry the TCO authorisation on board its aircraft.

Regulation (EU) 2023/659

Upon request by a person authorised by the Agency or the competent authority of the Member State where the aircraft operated by a third country operator has landed, the pilot-in-command of that aircraft shall, without undue delay, present any documentation, manuals or records required to be carried on board.

Section III — Authorisation of third country operators

Regulation (EU) No 452/2014

(a)Prior to engaging in commercial air transportoperations under Part-TCO the third country operator shall apply for and obtain an authorisation issued by the Agency.

(b)An application for an authorisation shall be:

(1)submitted at least 30 days before the intended starting date of operation; and

(2)made in a form and manner established by the Agency.

(c)Without prejudice to applicable bilateral agreements, the applicant shall provide the Agency with any information needed to assess whether the intended operation will be conducted in accordance with the applicable requirements of TCO.200(a). Such information shall include:

(1)the duly completed application;

(2)the official name, business name, address, and mailing address of the applicant;

(3)a copy of the applicant’s AOC and associated operations specifications, or equivalent document, that attests the capability of the holder to conduct the intended operations, issued by the State of the operator;

(4)the applicant’s current certificate of incorporation or business registration or similar document issued by the Registrar of Companies in the country of the principal place of business;

(5)the proposed start date, type and geographic areas of operation.

(d)When necessary, the Agency may request any other additional relevant documentation, manuals, or specific approvals issued or approved by the State of the operator or State of registry.

(e)For those aircraft not registered in the State of the operator the Agency may request:

(1)details of the lease agreement for each aircraft so operated; and

(2)if applicable, a copy of the agreement between the State of the operator and the State of registry pursuant to Article 83bis of the Convention on International Civil Aviation that covers the aircraft.

ED Decision 2023/006/R

DEMONSTRATION OF INTENTION TO OPERATE

The intention to operate is sufficiently substantiated when an operator can demonstrate a credible intention to conduct commercial operations into, within or out of the territory subject to the provisions of the Treaties. The operator may substantiate its intention by submitting its planned schedule for commercial air transport operations where this is possible or, by having aircraft available for intended flights in the case of unscheduled commercial air transport operations, or Europe being a geographical part of the operations specifications, or a statement from senior management that operations to the European Union are planned. However, other means of demonstrating a credible intention may be used.

ED Decision 2023/006/R

SUBMISSION OF APPLICATION FOR AN AUTHORISATION

When the third country operator submits an application for an authorisation, the Agency will follow the process established in ART.200 to ART.210. The first step of the process is for EASA to evaluate the eligibility of the operator and verify the completeness of the information received. The operator should be aware that, in accordance with ART.200(b), the application is only considered to be submitted, and the timeframe for EASA’s assessment will only start, once the complete set of information required under TCO.300(c) has been received.

Once the application is considered submitted, EASA will register the operator in its dedicated TCO web-application and will request the operator to fill in an electronic questionnaire. EASA will complete its assessment within the timeframes stipulated in ART.200(b).

ED Decision 2023/006/R

TRANSLATION OF DOCUMENTS

The Agency may request a courtesy translation of certain (parts of) documents that are written in a language other than English.

Operators should preferably submit documents in a format that is electronically searchable and translatable by use of online tools.

ED Decision 2014/023/R

LEASE-IN OF AIRCRAFT NOT REGISTERED IN THE STATE OF THE OPERATOR

(a)In the case of aircraft not registered in the State of the operator, the Agency may request the following information on the lease agreement:

(1)the aircraft type, registration markings and serial number;

(2)the name and address of the registered owner;

(3)a copy of the valid certificate of airworthiness;

(4)a copy of the lease agreement or description of the lease provisions, except financial arrangements; and

(5)duration of the lease.

ED Decision 2023/006/R

DOCUMENTS FOR AIRCRAFT NOT REGISTERED IN THE STATE OF THE OPERATOR

Any agreement on the transfer of certain functions and duties between the State of registry and the State of operator that relieves the State of registry of responsibility in respect of the functions and duties transferred, should be made available upon request.

Regulation (EU) 2023/659

(a)By way of derogation from point TCO.300(a), the third country operator may carry out the following flights into, within or out of the territory subject to the provisions of the Treaties without first obtaining an authorisation:

(1)flights that are performed in the public interest, to address an urgent need, such as humanitarian missions and disaster relief operations;

(2)air ambulance flights that are performed to move sick or injured patients between healthcare facilities or deliver patient medical care.

(b)The provisions of point (a) shall only apply if the third country operator:

(1)notified the Agency prior to the intended date of the first flight in a form and manner established by the Agency;

(2)is not subject to an operating ban pursuant to Regulation (EC) No 2111/2005;

(3)is not subject to a suspension or revocation pursuant to point ART.235 of Annex 2;

(4)has not been subject to rejection of an application for TCO authorisation pursuant to point ART.200(e)(1) of Annex 2; and

(5)applies for an authorisation pursuant to point TCO.300 within 14 days after the date of notification to the Agency pursuant to point (b)(1) above.

(c)The flight(s) specified in the notification prescribed in point (a) may be performed for the period requested by the third country operator, but no longer than for a maximum of 12 consecutive weeks after the date of notification or until the Agency has taken a decision on the application in accordance with point ART.200 of Part-ART, whichever comes sooner.

(d)A notification may be filed only once every 24 months by the third country operator.

ED Decision 2023/006/R

DOCUMENTS TO BE PROVIDED WHEN NOTIFYING EASA OF THE INTENTION TO PERFORM FLIGHTS IN ACCORDANCE WITH TCO.305

The application for a one-off notification flight should include:

(a)a valid AOC and the associated operations specifications;

(b)a valid CofA for the aircraft intended to be operated;

(c)information about the character and purpose of the operation; and

(d)information about planned destinations.

Regulation (EU) 2023/659

The privileges of the third country operator shall be listed in the authorisation and not exceed the privileges granted by the State of the third country operator.

Regulation (EU) 2023/659

(a)Any change, other than those agreed under point ART.210(c) of Annex 2, affecting the terms of an authorisation shall require prior approval by the Agency.

(b)The third country operator shall submit the application for prior approval by the Agency at least 30 days before the date of implementation of the intended change.

The third country operator shall provide the Agency with the information referred to in point TCO.300, restricted to the extent of the change.

After submission of an application for a change, the third country operator shall operate under the conditions prescribed by the Agency pursuant to point ART.225(b) of Annex 2.

(c)All changes not requiring prior approval, as agreed in accordance with point ART.210(c) of Annex 2, shall be notified to the Agency before the change takes place.

ED Decision 2023/006/R

CHANGES REQUIRING PRIOR APPROVAL

Typical examples of changes that require a prior approval by the Agency pursuant to TCO.315(b) are:

(a)the addition of a new type of aircraft (defined as an aircraft with different ICAO type designator) to the TCO authorisation, unless agreed otherwise under ART.210(c);

(b)the operator’s principal place of business, when the operator relocates to a different State; and

(c)any takeover, merger, consolidation or other structural change to the operator’s organisation that could result in a change to the conditions and approvals as defined in the AOC or equivalent.

CHANGES NOT REQUIRING PRIOR APPROVAL

Typical examples of changes that do not require a prior approval, but which have to be notified to the Agency pursuant to TCO.315(c) are:

(a)temporary or permanent cessation of operations;

(b)the name of the operator;

(c)the operator’s principal place of business within the same State;

(d)the number of the AOC or that of the equivalent document;

(e)enforcement measures imposed by a civil aviation authority, including limitations and suspension; and

(f)the operator’s scope of activities, e.g. extensions of privileges granted or restrictions imposed in the operations specifications to the AOC.

Regulation (EU) 2023/659

(a)The authorisation shall remain valid subject to:

(1)the third country operator remaining in compliance with the relevant requirements of Part-TCO. The provisions related to the handling of findings, as specified under TCO.325, shall also be taken into account;

(2)the validity of the AOC or equivalent document issued by the State of the operator and the related operations specifications, if applicable;

(3)the Agency being granted access to the third country operator as specified in TCO.115;

(4)the third country operator not being subject to an operating ban pursuant to Regulation (EC) No 2111/2005;

(5)the authorisation not being surrendered, suspended or revoked;

(6)the third country operator being able to substantiate, upon request by the Agency, its intention to continue to conduct operations under its TCO authorisation;

(7)the third country operator operating at least one aircraft under its TCO authorisation.

(b)If the authorisation has become invalid, the third country operator shall obtain a new authorisation from the Agency, prior to recommencing operations into, within or out of the territory subject to the provisions of the Treaties. The third country operator shall apply for the new authorisation in a form and manner established by the Agency and shall provide any document necessary to determine that the reasons for the authorisation to become invalid are no longer present, and that the third country operator complies with the requirements to obtain the authorisation under Part-TCO.

Regulation (EU) No 452/2014

After receipt of a notification of findings pursuant to ART.230 raised by the Agency, the third country operator shall:

(a)identify the root cause of the non-compliance;

(b)establish a corrective action plan to address the root cause of the non-compliance within an acceptable time frame and submit it to the Agency;

(c)demonstrate corrective action implementation to the satisfaction of the Agency within the period agreed with the Agency as defined in ART.230(e)(1).

ED Decision 2014/023/R

GENERAL

Operators should identify and review the root cause(s) of the non-compliances for each confirmed finding and should ensure that the corrective action(s) taken are adequate to correct the non-compliance and to prevent re-occurrence. A corrective action plan lists the action(s) to eliminate or mitigate the root cause(s) and to prevent recurrence of an existing detected non-compliance or other undesirable condition or situation. Proper determination of the root cause is crucial for defining effective corrective actions to prevent reoccurrence.