ART.100 Scope

Regulation (EU) No 452/2014

This Annex (‘Part-ART’) establishes administrative requirements to be followed by Member States and the Agency, specifically regarding:

(a) the issuance, maintenance, change, limitation, suspension or revocation of authorisations of third country operators engaging in commercial air transport operations; and

(b) The Agency shall inform the Member States about the notifications it has received in accordance with point TCO.305 of Annex 1 without any undue delay.

ART.110 Exchange of information

Regulation (EU) 2023/659

(a) The Agency shall inform the Commission and the Member States when it:

(1) rejects an application for an authorisation;

(2) imposes a limitation due to safety concerns, suspends or revokes an authorisation.

(b) The Agency shall inform the Member States about the notifications it has received in accordance with point TCO.305 of Annex 1 without any undue delay.

(c) The Agency shall regularly make available to the Member States an updated list containing the authorisations it has issued, limited, changed, suspended or revoked.

(d) Member States shall inform the Agency when they intend to take a measure pursuant to Article 6(1) of Regulation (EC) No 2111/2005.

ART.115 Record-keeping

Regulation (EU) 2023/659

(a) The Agency shall establish a system of record-keeping providing for adequate storage, accessibility and reliable traceability of:

(1) training, qualification and authorisation of its personnel;

(2) third country operator authorisations issued or notifications received;

(3) authorisation processes and continuing monitoring of authorised third country operators;

(4) findings, agreed corrective actions and date of action closure;

(5) enforcement measures taken, including fines requested by the Agency in accordance with Regulation (EU) 2018/1139;

(6) the implementation of corrective actions mandated by the Agency in accordance with Article 76(6) of Regulation (EU) 2018/1139; and

(7) the use of flexibility provisions in accordance with Article 71 of Regulation (EU) 2018/1139.

(b) All records shall be kept for a minimum period of 5 years, subject to applicable data protection law.