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 Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1)..
(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 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)., 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.
GM1 TCO.200(a) General requirements
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.
AMC1 TCO.200(b) General requirements
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.
GM1 TCO.200(b) General requirements
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).
TCO.205 Navigation, communication and surveillance equipment
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.
TCO.210 Documents, manuals and records to be carried
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.
AMC1 TCO.210 Documents, manuals and records to be carried
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.
GM1 TCO.210 Documents, manuals and records to be carried
ED Decision 2014/023/R
GENERAL
The third country operator is not required to carry the TCO authorisation on board its aircraft.
TCO.215 Production of documentation, manuals and records
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.