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EU rules for Third Country operators ??

EU rules for Third Country operators ??. 2008 US/Europe International Aviation Safety Conference 3-5 June 2008, St. Petersburg. Basic Regulation (EC) 216/2008. Article 9 – Third country operators shall comply with ICAO Standards

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EU rules for Third Country operators ??

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  1. EU rules for Third Country operators ?? 2008 US/Europe International Aviation Safety Conference3-5 June 2008, St. Petersburg

  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 . . .

  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, …)

  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

  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

  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, …

  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)

  8. Third country operator into, within or out of the Community Commercial Operations – Authorization Document Check Bilateral Agreement significant findings (USOAP, IASA, ramp checks, … ) Further Investigation EC Black List EASA Authorization Authorisations

  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, …

  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

  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

  12. Thank you for your attention

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