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TRANSCRIPT
Third Country Operators
EASA/Singapore, 7 May 2009
Slide 2
European Aviation Safety Agency
The TCO NPA is divided into 3 separate documents:
Explanatory note and Regulatory Impact Assessment (RIA)
Draft opinion and decision Part-TCO
Draft opinion and decision Subpart AR.TCO of Part Authority Requirements (AR)
Notice of proposed amendment - third country operators
Slide 3
European Aviation Safety Agency
The explanatory note:Describes the background, structure and content of the Agency’s proposal
Contains cross reference tables ICAO vs ER’s
The Regulatory Impact Assessment (RIA):Studies the impact of the Agency‘s proposal
Notice of proposed amendment
Slide 4
European Aviation Safety Agency
The draft opinion and decision Part-TCO contains:
The draft implementing rules Part-TCO (draft opinion)
The draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Part-TCO (draft decision)
Notice of proposed amendment
Slide 5
European Aviation Safety Agency
The draft opinion and decision on Subpart AR.TCO (Authority Requirements OPS) contains:
The draft implementing rules Subpart AR.TCO (draft opinion)
The draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Subpart AR.TCO (draft decision)
Management Board decision
Notice of proposed amendment
Slide 6
European Aviation Safety Agency
Next steps
Slide 7
European Aviation Safety Agency
NPA will be published on the Agency’s website:
NPA 2009-XXpublication date not earlier than mid 2010public consultation until 3 months after publication
Anyone can comment!
please send your comments using the Comment Response Tool (CRT)
http://hub.easa.europa.eu/crt/
The next steps
Slide 8
European Aviation Safety Agency
3 months for the revision of commentsCRD is published on the website for 2
monthsEASA send the opinion to Commission
ComitologyEASA adopts AMC / GM after publication
of EC Regulations2011?
The next steps
Slide 9
European Aviation Safety Agency
Transitions measures - BR Art. 70 Applicability of the relevant articles as specified in their respective IRs, but not later than 8 April 2012
In the meantime, the national rules continue to apply
EASA proposals for transition measures can be found in the explanatory notes
The next steps
Slide 10
European Aviation Safety Agency
EASA is also preparing for the transition:
E-tool - EASA initiated work on an electronic tool to help stakeholders in their day-to-day activity and to facilitate the use of the new structure and requirements
e-tool provides for easy identification of the requirements applicable to each activity
Mini-website Flight StandardsMore information on new rules, FAQhttp://easa.europa.eu/flightstandards/index.html
The next steps
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European Aviation Safety Agency
Third Country Operators
Slide 12
European Aviation Safety Agency
Slide 13
European Aviation Safety Agency
Third Country Operators
One office
One rule
One Authorisation
Slide 14
European Aviation Safety Agency
Slide 15
European Aviation Safety Agency
CONTENT
Authorisation:Third country commercial operators
Declaration: made by a third country operator conducting non- commercial operations with complex motor- powered aircraft
Operational authorisation:aircraft or pilots not holding a standard ICAO Certificate of airworthiness or pilot licence.
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European Aviation Safety Agency
“Third Country Operator” means any natural person residing in a third country or a legal person whose principal place of business, if any, is in a third country.
Third country operators
Slide 17
European Aviation Safety Agency
An operator must comply with:
ICAO Annex 1, 6, 8 and 18.
Its AOC and associated Operational Specifications.
If applicable, the authorisations to conduct specific operations issued by the State of Registry or the State of the Operator.
The Authorisation issued by the Agency or the Declaration it has made to the Agency
Operator responsibilities
Slide 18
European Aviation Safety Agency
Operator Responsibilities
An operator shall not conduct operations:
when it is subject to an operating ban pursuant to Regulation (EC) No 2111/2005 (Community list) or;
With an aircraft subject to an operating ban pursuant to Regulation (EC) No 2111/2005;
Slide 19
European Aviation Safety Agency
Third Country Operator
An operator must comply with the applicable ICAO Standards. Insofar there are no such standards the operator must comply with the essential requirements laid down in Annex I, III and IV to Regulation (EC) No 216/2008
Slide 20
European Aviation Safety Agency
Operational Authorisation
Slide 21
European Aviation Safety Agency
Operational Authorisation
An aircraft not holding a standard ICAO CofA shall comply with Part 21 Subpart P or 21.A.184(b) of Part 21
Slide 22
European Aviation Safety Agency
Operational Authorisation
A pilot not holding a standard ICAO licence shall only operate an aircraft when he or she complies with Part FCL applicable for the exercise of the requested privileges
Slide 23
European Aviation Safety Agency
Application for an Authorisation 1
An application for an Authorisation shall be submitted before the intended date of operation allowing the Agency to prepare resources.
Slide 24
European Aviation Safety Agency
Application for an Authorisation 2
The applicants must provide the following information:A copy of the operators AOC and related Opspecs, or equivalent document, issued by the State of the operator;any other additional relevant flight documentation and specific approvals issued or approved by the State of Operator or State of Registry.description of the organisation, proposed operation and areas of operation.
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European Aviation Safety Agency
Application for an Authorisation 3
When the operator intends to conduct operations for which a specific approval is required by Subpart OPS.SPA, the application shall include those items required by the applicable sections in Subpart OPS.SPA.
Slide 26
European Aviation Safety Agency
Application for an Operational Authorisation - Aircraft
An application for an operational authorisation shall be submitted before the intended date of operation allowing the Agency to prepare resources.
The application shall include those items as required in the applicable provisions of Part 21.
Slide 27
European Aviation Safety Agency
Application for an Operational Authorisation - Pilots
An application for an operational authorisation shall be submitted before the intended date of operation allowing the Member State to prepare resources.
When the pilot intends to operate into more than one Member State, he or she shall apply to the competent authority in the Member State in which territory the first operation is intended to take place.
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European Aviation Safety Agency
Declaration
An operator intending to carry out non-commercial operations of complex motor-powered aircraft shall:
declare to the Agency its capability and means to comply with the applicable requirements specified in this part prior to commencing operations.
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European Aviation Safety Agency
Complex motor-powered aircraft
An Aeroplane:With a maximum certificated take-off mass exceeding 5700 kg, orCertificated for a maximum passenger seating configuration of more than nineteen, orCertificated for operation with a minimum crew of at least two pilots, orEquipped with (a) turbojet engine(s) or more than one turboprop engine.
Slide 30
European Aviation Safety Agency
Complex motor-powered aircraft
A helicopter certificated:For a maximum take-off mass exceeding 3175 kg, orFor a maximum passenger seating configuration of more than nine, orFor operation with a minimum crew of at least two pilots, orA tilt rotor aircraft.
Slide 31
European Aviation Safety Agency
Content of Declaration
The declaration shall include at least:a statement that the flight documentation, approved by the State of registry complies with the applicable ICAO standards and the aircraft, flight and cabin crew to be used for the intended operation hold a valid certificate of airworthiness, licence or qualification issued by the State of registry.a copy of a specific approval issued by the Agency in accordance with Subpart OPS.SPA or the application to obtain such an approval;details of any specific approvals issued by the State of Registry of relevance for the intended operations under this Part;description of the organisation, types of aircraft, proposed operation and areas and type of operation.
Slide 32
European Aviation Safety Agency
Authorisation Process
The Agency shall not process an application of an operator that is subject to an operation ban pursuant to Regulation (EC) No 2111/2005The Agency shall limit the authorisation to aircraft that are not subject to an operation ban pursuant to Regulation (EC) No 2111/2005.
Slide 33
European Aviation Safety Agency
Elements for the authorisation process
Information about the operatororganisation, operations, compliance with the ICAO Annexes (i.e. Annex 1, 6 and 8)
Relevant Safety Information from USOAP, IASA, previous ramp inspections, Community List, IOSA results
Authorisation Process
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European Aviation Safety Agency
No significant safety findings
Simple process based mainly on foreign AOC & Operational Specifications
Significant safety findingsapplicant subject to further review (e.g. investigation or audit of the operator.)
Authorisation Process
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European Aviation Safety Agency
Authorisation process
Application from an operator
for an authorisation/an approval change
Verification(documents, inspection)
Authorisation(scope
of activities)
Continuingoversight
(continued validity)
Slide 36
European Aviation Safety Agency
EU Framework Authorisations
EASA Authorisation procedure
significant findings(USOAP, IASA,
ramp checks, … )
Bilateral Agreement
Document Check
Further Investigation
EASA Authorisation yes/no
Community List
Slide 37
European Aviation Safety Agency
Declaration process
Verification by the Agency
Compliant:Acknowledgement
Not compliant:NotificationEnforcement
Declaration from an organisation
/a person
Slide 38
European Aviation Safety Agency
Operational Authorisation
An operator shall apply for an operational authorisation when it intends to operate with:
Aircraft not holding a standard ICAO CofA or
A pilot not holding a standard ICAO license or
An aircraft that has been grounded
Slide 39
European Aviation Safety Agency
Member States and EASA share oversight of compliance with the Basic Regulation and its implementing rules
Member States will conduct ramp inspectionsDirective 2004/36/EC on the safety of third-country aircraft (SAFA Directive) incorporated into the implementing rules (and repealed)
EASA will periodically review authorisations issued an if necessary conduct investigations or audits
Oversight
Slide 40
European Aviation Safety Agency
EU Framework Oversight
significant findings(USOAP, IASA,
IOSA… )
Ramp Checks/Authorisation Reviews
Further Investigation
EASA Authorisation
Community List
EASA Authorisation retained yes/no
Slide 41
European Aviation Safety Agency
Entry into force
as specified in the IRs, but not later than 8 April 2012In the meantime, the authorisation of third- country operators remains within the competence of the Member States.
EU Framework Entry into Force
Slide 42
European Aviation Safety AgencyThank you for your Attention!
www.easa.europa.eu