Contributor - UK

David Donald

The European Aviation Safety Agency (EASA) will begin implementing new regulations next year for third country operators (TCOs) that wish to fly to Europe. The new regulations will provide a single, unified code for all operators flying to the 28 European Union states, EU overseas territories and the four EFTA (European Free Trade Association) states (Iceland, Liechtenstein, Norway and Switzerland). The unified rules will cover all holders of AOCs (air operator certificates), which includes business aviation charter companies as well as airlines.


Scheduled to go “live” next March, the TCO regulations will be fully implemented over a 30-month transition period. They will require all existing operators to reapply for authorization from the EASA, even though they currently have the necessary paperwork from the individual EU member states. During the transitional phase existing operators are being asked to reapply for their authorization within the first six months. The EASA says this schedule will allow it to approve those operators and get them working within the new framework with no interruptions. Those that do not reapply during that period will have to wait longer for approval, which may temporarily hinder their ability to fly into Europe. New operators applying for certificates within the initial period must continue to approach the authorities of the individual member states to which they intend to fly, as is currently the case.


Simplified Approval Process


As the transition matures, accreditation will involve a simple and free online process whereby the applicant provides all relevant data, such as fleet inventory, safety record and any special considerations. The EASA will then apply a risk-based approach to the application. Operators in whom the agency has high confidence will be authorized swiftly, but in some cases it might ask more questions. The applicant must initiate the process 30 days before it intends to start operations; additional scrutiny from the EASA, in the event of insufficient or negative data, might extend the process beyond 30 days.


Based on the experience of individual national authorities, the EASA anticipates that approximately 75 percent of applications will be processed quickly and without issue, and that some 20 percent will require further information. The remaining 5 percent, the agency estimates, will cause sufficient concern for the operator’s management to be invited for further discussion at EASA offices in Cologne. The agency does not plan to make any on-site audits for standard applications.


Assessing the applications against international (ICAO) rather than European (EASA) standards, the EASA will record negative data as either Level 1 or Level 2 findings. The latter designation indicates areas where the operator does not meet ICAO standards but where it could easily improve to satisfy regulations. A Level 1 finding, on the other hand, denotes a serious breach, such as evidence of fraud. A Level 1 finding, or an over-abundance of less-serious Level 2s, will result in the rejection of the application.


Once satisfied, the EASA will issue the TCO authorization with a specification that notes any special endorsements such as carriage of dangerous air cargo. However, in these cases the EASA authorization does not go beyond the clearance already issued by the operator’s parent authority. EASA files will be available to individual European national authorities.


With the TCO authorization in place it is the obligation of the carrier to remain current with its requirements, and the EASA will continuously monitor the TCO’s operations. Some changes, such as a new ICAO designator or introduction of a new type of aircraft into the fleet, will require prior authorization from EASA. In addition to regular monitoring, the EASA will conduct a performance-based file review every 12 to 48 months. It will undertake a similar review after a critical event. For TCOs that breach the regulations EASA has three enforcement options: limiting the types of operation that can be undertaken; temporary suspension of the authorization; or a complete revocation. In the latter two cases the agency would conduct an on-site audit if the TCO reapplies for authorization.


As part of the new regulations an allowance has been made under which an operator can make a one-off emergency flight to European airspace. However, only one such flight can be made in any two years, and the operator must apply for TCO approval within 10 days of making the flight.


The EASA is keen to point out that its new TCO regulations are distinct from the EU Safety List (the so-called “blacklist” that bans certain operators, and all operators from certain countries, from operating into Europe). Indeed, the EASA does not have a vote on the Safety List committee. By contrast, the agency’s new regulations are intended to act as a “whitelist” of approved operators.


However, there are plans for the EASA’s approved TCO list eventually to be coordinated with the EU Safety List to provide greater clarity and a better aligned approach to European air safety. Furthermore, the EASA TCO process might allow some operators from EU-blacklisted countries to acquire TCO approval while the overall banned status of the parent nation remains in place. Such applications would be reviewed case-by-case and might require on-site audits.

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