1. EU rules for Third Country operators ??
2008 US/Europe International
Aviation Safety Conference 3-5 June 2008, St. Petersburg
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2. Basic Regulation (EC) 216/2008
Article 9 – Third country operators
shall comply with ICAO Standards
shall comply with EU Essential Requirements in the absence of ICAO standards
Commercial Operators’ capability recognised by an authorisation
Non-commercial operators of complex aircraft declare their capability
No EU requirement may be in conflict with the rights of third countries under international conventions
. . .
Operators to comply with ICAO Standards - (IAW Art 37 Chicago Convention)
Operators to comply with the applicable Essential Requirements for airworthiness, operations and licensing (which are based on the ICAO Annexes) - (IAW Art 11 & 12 Chicago Convention)
Commercial Operators are subject to an authorization in recognition of their capability and means of compliance with the requirements - (IAW Art 11 & 33 Chicago Convention)
Non-commercial operators of complex aircraft may require a declaration in recognition of capability and responsibilities - (IAW Art 11 & 33 Chicago Convention)
Implementing rules to specify the conditions …
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3. Basic Regulation (EC) 216/2008
Article 9 – Third country operators
Implementing rules
Shall be based on ICAO recommended practices and documents
May not exceed requirements for EC operators
Authorisation process shall be simple, cost‑effective, efficient and proportionate to the complexity of operations and the risk involved.
Use shall be made of USOAP and other recognised safety information (IASA, ramp checks, …)
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4. Basic Regulation (EC) 216/2008
Article 23 – Third country operators
EASA is the competent authority
To conduct investigations and audits
To issue, renew, suspend or revoke authorisations for commercial operations
To receive declarations for non-commercial operations
To oversee declared non-commercial operators of complex aircraft
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5. Basic Regulation (EC) 216/2008
Article 12 – Acceptance of Third country certification
By way of derogation from the provisions of this Regulation and its implementing rules, the Agency or the aviation authorities in the Member State may issue certificates on the basis of certificates issued by aeronautical authorities of a third country, as provided for in recognition agreements between the Community and that third country
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6. Authorisations Elements for the authorization process
Documents required from the operator
AOC and Ops Specs, any additional authorizations
Certificates of Airworthiness
Maintenance manuals
maintenance control manual
maintenance programme …
Technical questionnaire
details such as ACAS equipment, ELT equipment, operational and maintenance support inside Community airports, …
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7. Authorisations Elements for the authorisation process
Information about the operator
organisation, operations, maintenance, compliance with the ICAO Annexes (i.e. main parts of Annex 1, 6 and 8)
Relevant Safety Information
from USOAP, IASA, ramp inspections, Black List, …
Information for the operator
applicable Essential Requirements, Community rules and ICAO provisions of particular importance
oversight and ramp inspection programme
authorizations, conditions and limitations (OpsSpecs)
Operators to comply with ICAO Standards - (IAW Art 37 Chicago Convention)
Operators to comply with the applicable Essential Requirements for airworthiness, operations and licensing (which are based on the ICAO Annexes) - (IAW Art 11 & 12 Chicago Convention)
Commercial Operators are subject to an authorization in recognition of their capability and means of compliance with the requirements - (IAW Art 11 & 33 Chicago Convention)
Non-commercial operators of complex aircraft may require a declaration in recognition of capability and responsibilities - (IAW Art 11 & 33 Chicago Convention)
Implementing rules to specify the conditions …
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8. (USOAP, IASA, ramp checks, … ) Further Investigation
Authorisations
Third country operator into, within or out of the Community
Commercial Operations – Authorization
significant findings
(USOAP, IASA, ramp checks, … )
Bilateral Agreement
Document Check
Further Investigation
EASA Authorization
EC Black List
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9. Declarations Elements for the declaration process
Documents required from the operator
Declaration of compliance with ICAO and EC rules
Special authorisations
Certificates of Airworthiness …
Technical questionnaire
EASA may ask further questions on a case by case on type of activity, ACAS equipment, ELT equipment, …
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10. Oversight
Member States and EASA share oversight of compliance with the Basic Regulation and implementing rules
Member States will conduct investigations, including ramp inspections
European Commission, EASA and Member States will exchange relevant safety information
EASA will use such data
To periodically review authorisations issued to commercial operators
To trigger enforcement towards non-compliant non-commercial operators
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11. Entry into Force Entry into force
Implementing Rules (IRs) are being developed by the Agency
Applicability of the relevant articles as specified in their respective IRs, but not later than 8 April 2012
In the meantime, authorization of third-country operators remains within the competence of the Member States
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12. Thank you for your attention
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