inspect the documents and manuals to be carried on board and to perform inspections to ensure compliance with Part-TCO; or

carry out a ramp inspection as referred to in Annex II to Commission Regulation (EU) No 965/2012 ( 2 ).

the applicable standards contained in the Annexes to the Convention on International Civil Aviation, in particular Annexes 1 (Personnel licensing), 2 (Rules of the Air), 6 (Operation of Aircraft), as applicable, 8 (Airworthiness of Aircraft), 18 (Dangerous Goods), and 19 (Safety Management);

the applicable safety directives issued by the Agency in accordance with Article 76(6) of Regulation (EU) 2018/1139;

the relevant requirements of Part-TCO; and

the applicable requirements of Regulation (EU) No 923/2012 ( 3 ).

its air operator certificate (AOC) and associated operations specifications in accordance with ICAO Annex 6; and

the TCO authorisation issued in accordance with this Regulation and the scope and privileges contained therein.

the State of registry; or

the State of the third country operator, provided that the State of the third country operator and the State of registry have entered into an agreement under Article 83bis of the Convention on International Civil Aviation that transfers the responsibility for the issue of the CofA.

submitted at least 30 days before the intended starting date of operation; and

made in a form and manner established by the Agency.

the duly completed application;

the official name, business name, address, and mailing address of the applicant;

a copy of the applicant's AOC and associated operations specifications, or equivalent document, that attests the capability of the holder to conduct the intended operations, issued by the State of the operator;

the applicant's current certificate of incorporation or business registration or similar document issued by the Registrar of Companies in the country of the principal place of business;

the proposed start date, type and geographic areas of operation.

details of the lease agreement for each aircraft so operated; and

if applicable, a copy of the agreement between the State of the operator and the State of registry pursuant to Article 83bis of the Convention on International Civil Aviation that covers the aircraft.

By way of derogation from point TCO.300(a), the third country operator may carry out the following flights into, within or out of the territory subject to the provisions of the Treaties without first obtaining an authorisation:

The provisions of point (a) shall only apply if the third country operator:

The flight(s) specified in the notification prescribed in point (a) may be performed for the period requested by the third country operator, but no longer than for a maximum of 12 consecutive weeks after the date of notification or until the Agency has taken a decision on the application in accordance with point ART.200 of Part-ART, whichever comes sooner.

A notification may be filed only once every 24 months by the third country operator.

Any change, other than those agreed under point ART.210(c) of Annex 2, affecting the terms of an authorisation shall require prior approval by the Agency.

The third country operator shall submit the application for prior approval by the Agency at least 30 days before the date of implementation of the intended change.

The third country operator shall provide the Agency with the information referred to in point TCO.300, restricted to the extent of the change.

After submission of an application for a change, the third country operator shall operate under the conditions prescribed by the Agency pursuant to point ART.225(b) of Annex 2.

All changes not requiring prior approval, as agreed in accordance with point ART.210(c) of Annex 2, shall be notified to the Agency before the change takes place.

the third country operator remaining in compliance with the relevant requirements of Part-TCO. The provisions related to the handling of findings, as specified under TCO.325, shall also be taken into account;

the validity of the AOC or equivalent document issued by the State of the operator and the related operations specifications, if applicable;

the Agency being granted access to the third country operator as specified in TCO.115;

the third country operator not being subject to an operating ban pursuant to Regulation (EC) No 2111/2005;

the authorisation not being surrendered, suspended or revoked;

the third country operator being able to substantiate, upon request by the Agency, its intention to continue to conduct operations under its TCO authorisation;

the third country operator operating at least one aircraft under its TCO authorisation.

identify the root cause of the non-compliance;

establish a corrective action plan to address the root cause of the non-compliance within an acceptable time frame and submit it to the Agency;

demonstrate corrective action implementation to the satisfaction of the Agency within the period agreed with the Agency as defined in ART.230(e)(1).

the issuance, maintenance, change, limitation, suspension or revocation of authorisations of third country operators engaging in commercial air transport operations; and

the monitoring of these operators.

rejects an application for an authorisation;

imposes a limitation due to safety concerns, suspends or revokes an authorisation.

training, qualification and authorisation of its personnel;

third country operator authorisations issued or notifications received;

authorisation processes and continuing monitoring of authorised third country operators;

findings, agreed corrective actions and date of action closure;

enforcement measures taken, including fines requested by the Agency in accordance with Regulation (EU) 2018/1139;

the implementation of corrective actions mandated by the Agency in accordance with Article 76(6) of Regulation (EU) 2018/1139; and

the use of flexibility provisions in accordance with Article 71 of Regulation (EU) 2018/1139.

documentation and data provided by the third country operator;

relevant information on the safety performance of the third country operator, including ramp inspection reports, information reported in accordance with ARO.RAMP.145(c), recognised industry standards, accidents records and enforcement measures taken by a third country;

relevant information on the oversight capabilities of the State of the operator or State of registry, as applicable, including the outcome of audits carried out under international conventions or State safety assessment programmes; and

decisions, investigations pursuant to Regulation (EC) No 2111/2005 or joint consultations pursuant to Regulation (EC) No 473/2006 ( 5 ).

reject the application when the outcome of the assessment indicates that further assessment will not result in the issue of an authorisation; or

conduct further assessments to the extent necessary to establish that the intended operation will be conducted in compliance with the applicable requirements of Part-TCO.

the third country operator agrees to be audited;

the outcome of the initial evaluation procedure referred to in point ART.200 indicates that there is a possibility that the audit will have a positive result; and

the audit can be performed at the third country operator’s facilities without the risk of compromising the safety and security of the Agency’s personnel.

it is satisfied that the third country operator holds a valid AOC or equivalent document and associated operations specifications issued by the State of the operator;

it is satisfied that the third country operator is authorised by the State of the operator to conduct operations into the EU;

it is satisfied that the third country operator has established:

there is no evidence of major deficiencies in the ability of the State of the third country operator or the State of registry, as applicable, to certify and oversee the third country operator and/or aircraft in accordance with the applicable ICAO standards;

the applicant is not subject to an operating ban pursuant to Regulation (EC) No 2111/2005; and

any non-compliance finding raised during the assessment has been closed.

continued compliance of third country operators it has authorised with the applicable requirements of Part-TCO;

if applicable, the implementation of corrective actions mandated by the Agency in accordance with Article 76(6) of Regulation (EU) 2018/1139.

take into account safety relevant documentation and data provided by the third country operator;

take into account relevant information on the safety performance of the third country operator, including ramp inspection reports, information reported in accordance with ARO.RAMP.145(c), recognised industry standards, accidents records and enforcement measures taken by a third country;

take into account relevant information on the oversight capabilities of the State of the operator or State of registry, as applicable, including the outcome of audits carried out under international conventions or State safety assessment programmes;

take into account decisions and investigations pursuant to Regulation (EC) No 2111/2005 or joint consultations pursuant to Regulation (EC) No 473/2006;

take into account previous assessments or audits, if carried out; and

provide the Agency with the evidence needed in case further action is required, including the measures foreseen by ART.235.

an audit of the third country operator in accordance with point ART.205(d);

a requirement for the third country operator to submit reports or tailored technical information to the Agency at regular intervals;

a temporary limitation of the operation to the third country operator’s current fleet and/or scope of commercial air transport operations into, within or out of the territory subject to the provisions of the Treaties.

there are no indications that the overseeing authority of the State of the operator fails to perform effective oversight on operators under its oversight responsibility;

the third country operator has continuously and timely reported changes referred to in TCO.315;

no level 1 findings, referred to in ART.230(b), have been issued; and

all corrective actions have been implemented within the time period accepted or extended by the Agency as defined in ART.230(e)(1).

notify the third country operator about the non-compliance and request a revised proposal to achieve compliance; and

in case of level 1 or level 2 findings, act in accordance with ART.230 and ART.235, as appropriate.

failure to give the Agency access to the third country operator’s facilities as defined in point TCO.115(b) of Annex 1 during normal operating hours and after a written request;

implementing changes requiring prior approval without having received an approval as defined in point ART.210;

obtaining or maintaining the validity of the authorisation by falsification of documentary evidence;

evidence of malpractice or fraudulent use of the authorisation;

presence of multiple level 2 findings raised during an assessment, indicating a systemic weakness that lowers safety or seriously hazards flight safety.

grant the third country operator a corrective action implementation period appropriate to the nature of the finding. At the end of the period, and subject to the nature of the finding, the Agency may extend the period subject to a second satisfactory corrective action plan agreed by the Agency; and

assess the corrective action and implementation plan proposed by the third country operator. If the assessment concludes that it contains root cause(s) analysis and course(s) of action to effectively eliminate or mitigate the root cause(s) to prevent recurrence of the non-compliance(s), the corrective action and implementation plan shall be accepted.

If the third country operator fails to submit an acceptable corrective action plan, as referred to in (e)(1), or to perform the corrective action within the time period accepted or extended by the Agency, the finding shall be raised to a level 1 finding and action shall be taken as laid down in point ART.235(a).

a level 1 finding;

verifiable evidence that the State of operator or State of registry, as applicable, is not capable to certify and oversee the operator and/or aircraft in accordance with the applicable ICAO standard; or

the third country operator being subject to a measure pursuant to paragraphs (1) and (2) of Article 6 of Regulation (EC) No 2111/2005.

When the holder of a TCO authorisation no longer complies with the requirements for continued validity of point TCO.320 of Annex 1, the Agency shall inform the third country operator and the Member States that the TCO authorisation has lost its validity.

Upon receiving an application for a new authorization after the previous authorisation had become invalid, the Agency shall perform an assessment as necessary to ensure that the intended operation will be conducted in compliance with the applicable requirements of Part-TCO.