1. Authorisation of Third Country Operators (TCO) New simplified rules for foreign (non-EU) commercial air transport operators flying into the European Union Edmund Bohland

2. Status OSWG - Washington/DC 8/7/20132

3. Recent Developments July Committee meeting in Brussels No fees for TCO proposal for a Commission Regulation on Third Country Operators (TCO) was adopted by the Member States proposal will now undergo European Parliament and European Council scrutiny Possible entry in force date: Jan 2014 3OSWG - Washington/DC 8/7/2013

4. TCO – Legal Framework COMMISSION REGULATION (EU) No …/… of …. Laying down technical requirements and administrative procedures related to air operations of third country operators Cover Regulation (‚Whereas‘ Clauses, Transitional Measures etc.) Annex 1 – Part-TCO Applicable to Third Country Operators Annex 2 – Part-ART Authority Requirements Third Country Operators 4OSWG - Washington/DC 8/7/2013

5. Authorisation OSWG - Washington/DC 8/7/20135

6. 6 Basics Authorisation A validation of the underlying AOC, and not exceeding the privileges of the AOC holder approved by its competent authority by means of the Operations Specifications. ICAO Standards apply, not EU rules. The Authorisation issued by EASA will be become a pre-requisite for EU Member States to grant operating permits/traffic rights. Around 850 operators from more than 100 States are expected to apply. OSWG - Washington/DC 8/7/2013

7. „ One stop shop“ principle A single European system for the 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/traffic rights. OSWG - Washington/DC 8/7/20137 28 EU states +4 EFTA states

8. 8 Working Method Standard case: Simple desk-top review Further information required: Additional questionnaire and telecommunication as necessary Critical operator: Interview with the operator at the EASA headquarters in Cologne In the standard process, on-site audits are not foreseen. OSWG - Washington/DC 8/7/2013 Proportionality: on-site audit only for operators on the safety list; and after suspension of a TCO authorisation

9. 9 Working Method Risk-based approach to ensure targeted assessment of operators with decreased level of confidence efficient use of resources Decision support tool objective and consistent criteria (State/Operator) to help determine the level of assessment (basic or further assessment) data to be continuously updated allowing EASA to monitor safety trends of TCO population OSWG - Washington/DC 8/7/2013

10. 10 TCO on-line application EASA is developing a web-based, secure software application to feature: Receiving TCO applications; Processing TCO applications – including changes; Gathering and storing TCO information, authorisations and associated technical specifications; Managing the continuous monitoring programme; Communications with applicants, authorisation holders, EASA Member States and the European Commission. OSWG - Washington/DC 8/7/2013

11. 11 TCO on-line application Welcome Screen – publically available Note: TCO authorisation document (.pdf) will be available here Login OSWG - Washington/DC 8/7/2013

12. 12 TCO on-line application Login Screen The TCO will provide TCO Master user details in the TCO Authorisation application form Email notification sent to the TCO Master User with user name (email address) and initial password OSWG - Washington/DC 8/7/2013

13. 13 TCO on-line application Terms of use At first login, each applicant will be required to electronically accept the TCO application ‘Term of use’ OSWG - Washington/DC 8/7/2013

14. 14 TCO on-line application Pending Task The TCO Master user will receive a pending task to fill in the BOD (Basic Operator Data) necessary to process with the TCO Authorisation OSWG - Washington/DC 8/7/2013

15. 15 TCO on-line application TCO Users The TCO Master User will be able to: create new TCO ‘normal’ users delegate parts of the BOD to other TCO ‘normal’ users Consult the list of all TCO Users

16. 16 TCO on-line application Confidential Information Exchange A confidential information platform will allow communication between EASA and the TCO OSWG - Washington/DC 8/7/2013

17. 17 TCO - Applicability „… 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].“ Flexibility for air ambulance or non- scheduled flights to overcome unforeseen immediate and urgent operational need. Not applicable to: TCO flying over EU territory* without planned landing. ( *32 EASA Member States and certain overseas territories ) OSWG - Washington/DC 8/7/2013

18. 18 Transitional Measures Uninterrupted continuation of international air services of TCO holding an operating permit at the date of entry into force Application deadlines will apply! Application shall be submitted to the Agency no later than 6 months after entry into force TCO Authorisations will be gradually phased in during a transition period of 30 months Existing Member States schemes remain until the Agency has taken a decision under the TCO process (max 30 months) OSWG - Washington/DC 8/7/2013

19. 19 Flexibility OSWG - Washington/DC 8/7/2013 Flight(s) without first obtaining an authorisation: only possible in case of for air ambulance or non-scheduled flights to overcome unforeseen immediate and urgent operational need Operator is not being subject to EU operating ban must notify EASA prior first flight (form and manner tbd) valid for 6 weeks (or Agency decision) only once per operator every 24 months application for a TCO authorisation must be submitted within 10 working days

20. 20 How to prepare? Analyse own route network with regard to applicability of Part-TCO (including European Overseas Territories!) When Part-TCO will be adopted: apply within the given timeframe for a TCO Authorisation! Important note: Foreign air operators who fail to apply for a TCO authorisation within six 6 months after entry into force or Part-TCO may face delays in their authorisation process which can potentially lead to a disruption of the operation to the EU until completion of their assessment and issuance of the TCO authorisation. It is therefore in the best interest of operators to apply for a TCO authorisation within the application period (6 months after Part-TCO entry into force). OSWG - Washington/DC 8/7/2013

21. 21 Stay tuned Foreign CAA‘s and operators are invited to subscribe to TCO latest news updates on the EASA TCO Portal: http://www.easa.europa.eu/approvals-and-standardisation/third-country-operators-latest-news.php EASA TCO flyer available for download OSWG - Washington/DC 8/7/2013

22. 22 Links TCO regulation (Opinion2012 – not the final rule) http://www.easa.europa.eu/agency-measures/opinions.php http://www.easa.europa.eu/agency- measures/docs/opinions/2012/05/CR%20+%20Annex%20to%20Opinion%2005-2012%20(TCO).pdf EASA TCO portal http://www.easa.europa.eu/TCO EASA latest news http://www.easa.europa.eu/approvals-and-standardisation/third-country-operators-latest-news.php EASA TCO flyer http://easa.europa.eu/communications/docs/brochure/EASA-FLYER-TCO-May-2013.pdf TCO regulation - latest version available under EASA latest news soon OSWG - Washington/DC 8/7/2013

23. Thank You! Edmund Bohland Head of Operators Department Email: edmund.bohland@easa.europa.eu