SIASA project
This project is funded by the European Union and implemented by EASA.
EASA TCO Authorisations
Federico GRANDINISAFA/TCO Coordination Officer
SASO WorkshopMbabane (Swaziland), 3 December 2015
Legal Framework
ICAO Annex 6 Part 1 (and ICAO Doc 8335)
Regulation (EC) No 216/2008 (“EASA Basic Regulation”)
Commission Regulation (EU) No 452/2014 of 29 April 2014 (Part-TCO)
The USA, Canada, Australia, China and other States have similar systems in place.
3 December 2015 SASO Workshop, Mbabane 2
Part-TCO Applicability
COMMISSION REGULATION (EU) No 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators
Cover Regulation (scope, definitions, authorisations, entry into force)
Annex 1 – Part-TCO – Applicable to Third Country Operators
Annex 2 – Part-ART – Authority Requirements Third Country Operators
Applicable to:„… any natural person or a legal person holding an air operator certificate (AOC) [or equivalent, issued i.a.w. ICAO Doc 8335] issued in a third country.“
„… operating an aircraft for the purpose of commercial air transport operation within, into or out of the territory subject to the provisions of the Treaties [of the European Union].“
Alleviation for ad-hoc, one-off flights for humanitarian or emergency purposes or unforeseen immediate and urgent operational need
Not applicable to:TCO flying over the EU territory (without landing)
3 December 2015 SASO Workshop, Mbabane 3
Part-TCO Applicability
I plan to fly from a non-EU departure airport to a non-EU destination airport andI intend to file a destination alternate airport in the territory of an EASA MemberState. Can I do this without holding a TCO authorisation?
Yes. A third country operator can file an airport located in the territory of anEASA Member State as an alternate airport without holding a TCOauthorisation.
I have an operation outside the EU, and with no plans to fly commercially toEurope. However, our maintenance facility is located in Europe. Will I need a TCOauthorisation when flying there?
No. As long as these flights to and from the maintenance facility are non-commercial (ferry flights).
3 December 2015 SASO Workshop, Mbabane 5
Part-TCO Applicability
Do non-scheduled charter operators need a TCO authorisation?
The European TCO authorisation regime does not differentiate betweenscheduled and non-scheduled commercial air transport operations. Allcommercial air transport air operators will need to apply for a TCOauthorisation. However, in the case of unforeseen/emergencycircumstances there is a possibility to start operations to the EU based on aone-off notification without already being issued a TCO authorisation.However, an application for TCO authorisation must be submitted withinten (10) days of such notification.
Note: Initiating an operation using the one-off notification procedure is limitedto justifiable requirements, up to a maximum of six (6) consecutive weeks, andcan be used by every operator only once within a 24 month period. Operatorswith a potential need of operating to the EU at some time in the near future areadvised to apply for a TCO authorisation in due course, even when the date ofoperations is unknown.
3 December 2015 SASO Workshop, Mbabane 6
The EU Aviation Safety System - TCO
National Aviation Authorities
Issue operating permits on the basis ofTCO authorisations
Perform SAFA ramp inspections
European
Aviation Safety
Agency EASA
European
Commission
Adopt TCO Implementing Rule
Manage EU Air Safety List
Coordinate ramp inspection programme
Issue TCO Authorisations
Third CountryOperators
3 December 2015 SASO Workshop, Mbabane 7
A single European system for vetting the safety performance of foreign (non-EU) commercial air transport (CAT) operators.
The authorisation issued by EASA will become a prerequisite for EU Member States to grant operating permits
„One stop shop“ principle
28 EU Statesto include a number of
European Overseas Territories
+4 EFTA states
3 December 2015 SASO Workshop, Mbabane 8
TCO Framework
Basic Regulation
• Reg. No 216/2008
TCO Regulation
• Reg. No 452/2014
TCO Procedure
• MB Decision 01/201
Working Procedures
• ARIS
EU Air Safety List
• Reg. No 2111/2005
03/12/2015 SASO Workshop, Mbabane 9
Economic aspect of the approval
The authorisation issued by EASA will be a prerequisite for EU Member States to grant operating permits since 26/11/2016
EASA is taking over the safety-related part only => EASA becoming a service-provider for its MS to perform the safety assessments (initial + continuous)
However, during the transition period MS are still entitled to perform safety assessments on those operators which have not yet been processed by EASA under Part-TCO
Operating permits/commercial traffic rights will continue to be issued by the MS
103 December 2015 SASO Workshop, Mbabane
Authorisation – Principles
TCO Applicant: demonstrate ICAO compliance to EASABy means of questionnaire(s), evidence and declarations
EASA: issue TCO Authorisation in the absence of any significant safety concern pertaining to the State of Operator; and
when EASA has established confidence into the AOC of the applicant
Therefore, EASA TCO Authorisations will be a validation of the underlying AOC,
not exceeding the privileges of the AOC holder approved by its competent authority
TCO Authorisation:issued with unlimited duration (non-expiring)
Specifies privileges and scope in associated TCO Specifications
changes to specifications require prior re-authorisation by EASA
113 December 2015 SASO Workshop, Mbabane
TCO Implementation
26 May 2014 Part-TCO Entry into force
26 Nov 2014end of application phase
2 July 2015First TCO Authorisations issued
26 Nov 2016transition ends;all 700 applications processed
03/12/2015 SASO Workshop, Mbabane 12
Service Standard (after the transition period)
ART.200 Initial evaluation procedure — general
Initial evaluation should be completed by the Agency within 30 days after receipt of the application or 30 days before the intended starting date of operation, whichever is the later
Application must include all information, documents, records as requested by EASA.
Where the assessment requires further assessment or an audit, the assessment period is extended for the duration of further assessment or the audit, as appropriate.
Alleviation for specific non-scheduled flights – one-off notification (TCO.305)
3 December 2015 SASO Workshop, Mbabane 13
Audits
On-site audits under TCO will be limited and not normally be performed during the initial evaluation procedure
Audits under Part-TCO will only be considered:during initial assessment for applicants subject to an EU operating ban; or
for the validation of corrective actions when EASA has taken enforcement action (i.e., suspension of a TCO authorisation).
3 December 2015 SASO Workshop, Mbabane 16
TCO Web Interface
EASA IT has developed a web-based, secure software application
Serves as sole communication platform between EASA + TCO
Contains all relevant TCO data + technical questionnaires
List of authorised TCO
Non-European aviation authorities can access data of ‚their‘ operators
EU NAAs + SAFA inspectors have access to all data of authorised TCOs
3 December 2015 SASO Workshop, Mbabane 17
TCOs that code-share with EU carriers
Holding a TCO authorisation does not exempt from code-share requirements of Regulation (EU) No 965/2012:
• Continuous compliance of the code-sharing TCO with the applicable ICAO Standards will be performed on the basis of an approved code-share audit programme [AMC1 ORO.AOC.115(b)]
• Audits can be performed either by the EU operator itself or a third party provider (which refers to the possibility of using industry standards such as IOSA) [AMC2 ORO.AOC.115(b)]
• The audit will focus on the operational, management and control systems of the TCO [AMC1 ORO.AOC.115(a)(1)]
• When the TCO code-share partner operates to the EU it will also need a TCO Authorisation – same applies when the EU carrier wet leases-in a TCO for flight to the EU
3 December 2015 SASO Workshop, Mbabane 18
19
Leasing agreements – Dry-lease
EU carrier dry-leasing in aircraft registered in a Third Country:
Regardless of the area of operation (within/outside EU),EU operator to demonstrate [ORO.AOC.110(d)] that:
operational need cannot be satisfied by leasing-in EU aircraft
duration of the dry-lease-in period does not exceed 7 months in any 12 consecutive month period
Third Country aircraft is in compliance with applicable requirements of Regulation 2042/2003
Competent authority to approve lease agreement when satisfied [ARO.OPS.110]
Approval of the lease agreement to be suspended or revoked whenever the CoA of the leased-in Third Country aircraft is suspended or revoked [ARO.OPS.110]
No need for TCO authorisation, since the Third Country aircraft will be operated by the EU carrier
SASO Workshop, Mbabane
20
Leasing agreements – Wet-lease
EU carrier wet-leasing in aircraft of a TCO:
Regardless of the area of operation (within/outside EU),EU operator to demonstrate [ORO.AOC.110(c)] that :
TCO holds a valid AOC issued in accordance with ICAO Annex 6
TCO safety standards are equivalent to applicable requirements of Regulations 2042/2003 and 965/2012
TCO aircraft have a standard CoA issued in accordance with ICAO Annex 8
Competent authority to approve lease agreement when satisfied that EU operator complies with ORO.AOC.110(c) [ARO.OPS.110]
Approval of the lease agreement to be suspended or revoked whenever [ARO.OPS.110]:
AOC of the lessor or lessee is suspended or revoked
TCO-lessor subject to an operating ban pursuant to 2111/2005
Only if the TCO is operating within the EU
TCO authorisation
SASO Workshop, Mbabane
Coordination with EU Air Safety List
EASA
TCO Autorisation
(Reg. 452/2014)
European Commission
EU Air Safety List
(Reg. 2111/2005)
Complement each other for protecting
EU citizens from using unsafe air carriers
worldwide
3 December 2015 SASO Workshop, Mbabane 21
Operators subject to an operating ban
Operators subject to an operating ban or restrictions pursuant to Regulation2111/2005 (EU Safety list) are eligible to apply for a TCO authorisation.
The authorisation process will require the conduct of an audit at theoperational premises of the operator.
Once EASA has finished its assessment, it will present the results to theEuropean Commission for consideration. => EASA cannot issue anauthorisation until and unless the European Commission has lifted theoperating ban under the Safety list Regulation.
When an operator is subject to an operating ban due to the State of theoperator not performing adequate oversight, EASA must coordinate with theEuropean Commission before processing the application for a TCOauthorisation.
3 December 2015 SASO Workshop, Mbabane 22
Key Messages
1. Assessment against ICAO Standards (and not against EU rules)
2. Determined by EASA‘s confidence in a foreign AOC
3. Validation of foreign AOC within scope of operations specifications
4. Member States continue to issue operating permits
5. Entry into force: 26 May 2014
6. Application deadline for TCO already operating to the EU: 26 November 2014
7. End of TCO transition period: 26 November 2016
8. No fees
9. TCO Web Interface for all communications
10. Two-step application: 1) administrative, then 2) technical questionnaire
11. Further assessment may be required (additional questionnaire, consultation, meeting in Cologne)
12. TCO website with comprehensive FAQ section:
http://easa.europa.eu/TCO
3 December 2015 SASO Workshop, Mbabane 23
TCO transition period
Part-TCO has entered into force on 26 May 2014
It is introduced with a 30 months transition period
All operators currently flying to the EU or holding an operating permit can continue to do so, but had to apply for a TCO authorisation within 6 months following the date of entry into force (=before 26 Nov. 2014)
In the following 24 months EASA will process the applications of operators who have applied
Operators must continue to apply to EU Member States for operating permits
Transition period 30 months
Application phase
24 months
Authorisation phase
6 months
243 December 2015 SASO Workshop, Mbabane
Note to Operators
For operators applying after the deadline of 26 November 2014, EASA cannot ensurethat the TCO authorisation will be issued within the transition period.
The application is considered to be complete when all relevant information and alloperational data have been submitted to EASA via the dedicated TCO web-interface.
It is in the best interest of operators to apply for a TCO authorisation at earliestconvenience.
It is at the discretion of EASA, when it starts the authorisation process during thetransition period.
Operators must keep their data current at all times using the TCO web-interface inorder to ensure that EASA has the correct information when the authorisationprocess starts.
3 December 2015 SASO Workshop, Mbabane 25
26
Approximately 900 third country operators from more than 100 States
TCOs with only one aircraft and operators with almost 300 aircraft
TCOs with one flight per year up to 10´000 flights per year
It is at the discretion of EASA to prioritise the applications received
Source: Eurocontrol0
20
40
60
80
100
120
0 100 200 300 400 500 600 700 800 900
% o
f p
op
ula
tio
n
Traffic volume ranking
The TCO population
SASO Workshop, Mbabane3 December 2015
Applications received vs authorisations issued
03/12/2015 SASO Workshop, Mbabane 27
Current status of Authorisation Panels
TCO authorisation issued 102
including authorisations with limitation(s) 12
Changes to Specifications 11
Total of 720 applications received
Part-TCO Applicability
I plan to fly commercially from Africa to North America and I want to fly overEurope without landing. Is a TCO authorisation required?
No. A TCO authorisation is not required for merely flying over Europe.
I plan to fly commercially from Africa to North America and a technical fuel stopis required at a European airport. Is a TCO authorisation required?
Yes. A TCO authorisation is required for all commercial air transport flightsto/from European airports (including certain EU overseas territories).
I am a company frequently involved in aerial work in Europe. Do I have to applyfor a TCO authorisation in order to do this?
No. Aerial work does not fall under Part-TCO. For activities which do not fallunder Commercial Air Transport, as covered in ICAO Annex 6, operators haveto apply for permission with the concerned Member State.
3 December 2015 SASO Workshop, Mbabane 28
EU Member State responsibilities
For Operators not holding an EASA TCO Authorisation, during the transition period, the Member State will retain the following responsibilities:
• Maintain the current national procedures in place for issuing operating permits, including safety assessments, where applicable
• Inform EASA of every new operating permits issued
This is valid for:
• Operators already flying into, from or out of the Community without EASA TCO Authorisation, and
• New operators
SASO Workshop, Mbabane 303 December 2015
… during the transition period
For Operators holding an EASA TCO Authorisation, the MS will:
1. Continue to issue Operating Permits based on the TCO Authorisation
2. Discontinue current national safety assessments in place for issuing operating permits, where applicable
3. Discontinue additional DG authorisations where applicable(except for exemptions and specific approval as specified in the ‘DG Technical Instructions (ICAO Doc 9285)
4. Continue to deliver local authorisation like steep approach, airport minima, enhanced vision equipment…
SASO Workshop, Mbabane 313 December 2015
… during and after the Transition Period
EU Member State responsibilities
EU Member State responsibilities
For Operators not holding an EASA TCO Authorisation after the transition period, the Member State will:
1. Direct the Operator to EASA in order to apply for a TCO Authorisation and/or a ‘one-off’ notification,
2. The Member State will not issue an operating permit without:
Valid TCO Authorisation number, or
Valid proof of ‘one-off’ notification to EASA
SASO Workshop, Mbabane 323 December 2015
… after the transition period
Access to application form
34SASO Workshop, Mbabane3 December 2015
EASA
Website
Application for Third Country Operators
FO.TCO.00160.002 -Application for TCO Authorisation
1.
2.
Registration
1. Administrative application (application form, AOC, Ops Specs & certificate of incorporation) –
Minimum 30 days prior start of the operations
No fees are foreseen in the TCO authorisation process
2. Upon acceptance of the administrative application, EASA grants access to the web-interface for:
Online technical questionnaire(s) and files upload,
Communication platform,
Producing the public website containing a list of all authorised operators
3. When the questionnaire is fully completed and submitted, EASA will determine if a further assessment of the operator is necessary, in such case the process may exceed 30 days
353 December 2015 SASO Workshop, Mbabane
36
Risk-based approach
Lack of confidence into operator
Lack of confidence
into State of the Operator
Interview (Cologne)
Desktop review
Consultation
(e.g. video/tele-
conference, meeting)
EASA‘s data driven model serves as a tool to decide upon the level of scrutiny to be applied in the process
However, the model will never decide upon the authorisation itself
On-site audits are not foreseen in the standard process
3 December 2015 SASO Workshop, Mbabane
TCO Questionnaires
Two types of questionnaires will be used during the TCO authorisation process:
1. Basic Operator Data (BOD) used for all Operators:
• Developed based on existing national procedures currently used in/out of EU
• The BOD is contains 5 parts:/Helicopters
2. Additional Operator Data (AOD) used for limited amount of Operators:
• Provides better understanding when further assessment is necessary,
• Defines the scope of assessment for future consultation and/or interview
• The AOD is made of 3 parts: Operations, Maintenance and Safety
Note: Both BOD and AOD are available in electronic format (TCO web-interface)
373 December 2015 SASO Workshop, Mbabane
Applications submitted during the transition period between 26 May 2014 and 25 November 2016
When the application has been found eligible for a TCO authorisation the applicant will receive a document called “Acceptance of your application”. In a separate message the operator will receive a username and password for access to the TCO web-interface (https://tco.easa.europa.eu/). The TCO web-interface is used for all correspondence in the TCO application process.
It is at the discretion of the Agency at what point in time during the transition period the application is processed. It is not necessary to ask EASA about the status of the application. EASA will approach the applicant in due course.
The operator must ensure that its data submitted via the TCO web-interface is current at all times, in particular with respect to fleet information.
Until EASA decides about the application, the operator shall continue to follow national procedures of EU Member States with respect to obtaining operating permits for flights to the EU.
383 December 2015 SASO Workshop, Mbabane
Assessment criteria
No EU-rules
TCO applicant demonstrates ICAO compliance to the relevant standards (not recommended practices) from:
Annex 1 (Personnel Licensing)
Annex 6, Parts I/III (Commercial Operations)
Annex 8 (Airworthiness of Aircraft)
Annex 18 (Dangerous Goods)
Annex 19 (Safety Management)
EASA can raise findings (level 1 and 2)
An authorisation can only be issued in the absence of Level 1 findings
393 December 2015 SASO Workshop, Mbabane
(2) Operations
(3) Safety Management
(1) Airworthiness
TCO Authorisation and specifications
Upon completion of the process, EASA will issue a TCO Authorisation
The authorisation is accompanied by TCO Specifications associated to the TCO Authorisation (one per fleet), which:
contains details of the authorised operation (e.g. DG, LVO), and
will never exceed the privileges granted by the operator’s competent authorities
The operator will be placed on a public list of authorised operators
The TCO authorisation bears no expiration date, however
It becomes invalid when it has not been used for a period of 24 months
403 December 2015 SASO Workshop, Mbabane
Continuous Monitoring
The safety performance of the operator is continuously monitored,
e.g. SAFA, accidents, finding closure…
EASA will perform periodic file reviews at intervals not exceeding 24 months. The interval maybe increased under certain conditions.
EASA may perform ad-hoc investigations upon receipt of safety information
The operator is responsible to keep relevant information current at all time via the TCO web-interface
e.g. fleet, accidents, management personnel
413 December 2015 SASO Workshop, Mbabane
42
Changes requiring prior authorisation
Any change […], affecting the terms of an authorisation or associated specifications shall require prior authorisation by the Agency.(e.g. new fleet, new scope of approval)
The application for prior authorisation by the Agency shall be submitted by the Third Country Operator at least 30 days before the date of implementation of the intended change (via the TCO web-interface).
Implementing changes that require prior authorisation before having obtained the authorisation may lead to enforcement action
Changes not requiring prior authorisation
shall be notified to the Agency before the change takes place (via the TCO web-interface)(e.g. new individual aircraft added to an existing fleet with same ICAO type designator and same equipment)
Failure to notify EASA where necessary may lead to enforcement action
Changes
3 December 2015 SASO Workshop, Mbabane
45
Enforcement
Two levels of findings (ART.230):Level 2: non-compliance
Level 1: significant non-compliance
EASA will take enforcement action to suspend or limit the authorisation:in case of a level 1 finding; or
when any significant safety concern exists for the State of Operator.
Prior to reinstating a suspended authorisation, EASA shall conduct an audit of the authorisation holder.
EASA will revoke an authorisation if it has been suspended for 6 months.However, in case of justified reasons the Agency may extend the suspension period by another 3 months after the end of the 6 months period.
3 December 2015 SASO Workshop, Mbabane
EASA appeal process
46
Possibility to appeal against EASA decision Art. 44 BR
Interlocutory Revision by EASA Executive Director Art. 47 BR
if admissible + well founded: ED may rectify decision; Art. 47(1) BR
if not rectified: ED shall remit appeal to Board of appeal (BoA) Art. 47(2) BR
Examination of appeal by BoA (written + oral part)
Art. 48 (1) BR
Decision BoA
Art. 49 (1) BR
EASA
ED
DEADLINES
2
Mo
nth
s 1
Mo
nth
2 M
on
ths
./.
EASA
Bo
ard o
f Ap
peal
Possibility for action before the European Court of Justice Art. 50 BR
ECJ
Third Country Operators have the possibility to appeal against EASA decisions.
3 December 2015 SASO Workshop, Mbabane
Application procedure overview
Eligibility check
TCO Code allocation => ABC-0001
(unique identifier)
Registration in TCO Application
• Authorisation issued
EASA.TCO.ABC-0001.01
+ TCO Specifications
ASSESSMENT
TCO
APPLICATION
RESTRICTED
TCO authorised operators
- AOC Name
- TCO Auth.Nr
+ TCO Specifications
Publication on
TCO APPLICATION
PUBLIC
TCO authorised operators
- AOC Name
- TCO Auth.Nr
Applicant => Login to TCO Application
SASO Workshop, Mbabane 473 December 2015
TCO Web-Interface
The TCO application has been developed to provide online access to:
• Selected type of users (EASA, TCO’s, EU Commission, NAA’s),
• Collect information (BOD, AOD and attachments) from the operators,
• Provide a public list of Authorised TCO’s to external stakeholders, and
• Serve as Communication channel between EASA and the operators.
User types:
• 1 Master User, and Staff Member User(s)
• Both types of users have access to the same information.
Master User:
o Generated by EASA, based on the TCO Authorisation application form,
o Creates staff user(s),
o May assign section(s) of the BOD and AOD to staff users, and
o Submits the BOD and AOD when complete for review.
Staff User:
o Read access to BOD/AOD,
o Edit/Save rights when assigned to section(s) of AOD/BOD
o No submission of AOD/BOD
483 December 2015 SASO Workshop, Mbabane
TCO Web-Interface – Basic Operator Data form
49
The basic data of your company is organised in 5 tabs:
As long as the data entry is not complete for all mandatory fields you can save the current status at any time.
1. In case you try to submit the data before completing the entire questionnaire you will have an error message.
2. Only the Master User has the authority to submit the questionnaire
Master User can assign previously registered users for entering data in different sections of the questionnaire.
Add and review comments as well as reply to them:This might be used as a communication tool between EASA and the individual TCO Operator
Errors and omissions will be highlighted by red fields.
3 December 2015 SASO Workshop, Mbabane
50
Ad-hoc flights – one-off notification
TCO may perform flights for humanitarian or emergency purposes or to overcome an unforeseen, immediate and urgent operational need without an authorisation, provided that the operator:
Notifies EASA prior to intended date of first flight;
is not subject to EU operating ban; and
applies for TCO Authorisation within 10 working days after notification.
However:Flights may be performed for a maximum of 6 consecutive weeks (or until EASA has decided on TCO Authorisation, whichever sooner); and
Such notification is not renewable and may be filed only once by an operator within any 24 months!
SASO Workshop, Mbabane3 December 2015
Ad-hoc flights – one-off notification
One-off flight notification
Acknowledgement receipt
(unique notification number)
= proof of application
Entry permit application
to MS
EASA
Website
SASO Workshop, Mbabane 513 December 2015
This provision will only become applicable after the end of the TCO transitionperiod.
Operator cannot build their operation on ad-hoc notifications. Instead alloperators intending to fly to Europe should always prefer to apply for a TCOauthorisation.
52
MS Actions – Ramp inspections
Member States (EU 28 + Iceland, Norway and Switzerland) should check that the incoming TCO:
has been issued with an authorisation under Part-TCO, and that it has not been suspended or revoked; also, they should check that the operations performed are within the scope of the activities that the TCO is authorised to conduct (as specified in the specifications attached to the authorisation),
or
if no TCO authorisation has been issued, that it has duly filed a one-off notification to the Agency under TCO.305 – in case of air ambulance flights or a non-scheduled flight or a series of non-scheduled flights and to overcome an unforeseen, immediate and urgent operational need
The issuance and validity check of the TCO authorisation should be performed before the actual inspection of the aircraft starts, by consulting the TCO web-interface, since there is no obligation to carry a copy of it on board. One-off notifications will be made available by the Agency to the EASA States within one working day after receipt of the notification.
Part-TCO foresees a transitional period ending on 25/11/2016 during which operators may continue to fly to the States for which they hold a national permit, until the Agency has taken a decision on that operator.
53
MS Actions – Ramp inspections (PDFs)
The inspection instructions on the categorisation of findings identified during SAFA inspections offers two new PDFs under item “A10 – AOC or equivalent”:
Third Country Operator not holding a valid TCO Authorisation (operations to/from/within EU) – cat. 3
and
Third Country Operator performing operations not in accordance with the operations specifications associated to the TCO Authorisation (operations to/from/within EU), cat. 3
In both cases, restrictions on the aircraft flight operation (Class 3a action) should be imposed => non-commercial flight to the home base
SIASA project
This project is funded by the European Union and implemented by EASA.
Thank you.
http://easa.europa.eu/[email protected]