# Presentation: 691226

## EU rules for Third Country operators ??

**2008 US/Europe International **
**Aviation Safety Conference****3-5 June 2008, St. Petersburg**

## 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 
									. . .

**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 **
**	****	****	****	****	****	****	****	****	****. . .**

**Basic Regulation (EC) 216/2008**

**Notes:**
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 ...

## 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, ...)

**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, ...)**
**	**

**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

**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**
**	**

**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

**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**

**Basic Regulation (EC) 216/2008**

## 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, ...

**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, ...**

**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)

**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)**

**Authorisations**

**Notes:**
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 ...

## Authorisations

**Authorisations**

## 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,  ...

**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,  ...**

**Declarations**

## 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 

**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 **

**Oversight**

## 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**

**Entry into Force**

## Thank you
for your attention

**for your attention**