Third Country Operators (TCO)

All relevant operator information, including the aircraft used for flights under the TCO authorisation, is required to be kept up-to-date during the initial application and for as long as the TCO authorisation is valid. This is normally done by the operator, using the TCO web-interface. In most circumstances, provided the information was uploaded prior to using the new aircraft, no prior approval by EASA is required for an aircraft of the same type and variant to be added to an already-authorised fleet. Should you wish to add a new aircraft type or variant (as identified by a different ICAO type designator), then prior approval from EASA must be obtained. This request needs to be submitted 30 days before the planned date of first use of the new aircraft type (TCO.315). It is at the discretion of EASA to allow selected Business Aviation operators to start operation with a new fleet without having to wait for prior approval. These operators will receive specifications for so-called “TCO Business Aircraft”, which combine aircraft of different types as long as they all meet specified criteria. Details are explained in the Annex to the TCO authorisation of the affected operators.

In general, all changes that require EASA to issue a new authorisation document or new technical specifications associated to the TCO authorisation will require prior approval by EASA.

No, if an applicant for a TCO authorisation does not declare at least one aircraft compliant with all applicable technical standards of the Annexes to the Chicago Convention, EASA will not issue a TCO authorisation and will mark the aircraft as ‘Not authorised’ in the online TCO web-interface.

Annex 6 to the Chicago Convention chapter 13.2.2 is fully applicable in the EU:

“From 1 November 2003, all passenger-carrying aeroplanes of a maximum certificated take-off mass in excess of 45 500 kg or with a passenger seating capacity greater than 60 shall be equipped with an approved flight crew compartment door that is designed to resist penetration by small arms fire and grenade shrapnel, and to resist forcible intrusions by unauthorised persons. This door shall be capable of being locked and unlocked from either pilot’s station”.

If your aircraft falls under the aforementioned criteria for a reinforced cockpit door but it is not equipped with one, it cannot be used for commercial air transport operations to the EU.

Yes. However, Commission Regulation (EU) No 452/2014 (the ‘TCO Regulation’) stipulates that the Agency shall take into account ramp inspections, as well as other recognised information on safety aspects with regards to third country operators. Open SAFA findings may indicate systemic non-compliances and warrant further focused assessments to be performed by EASA. If evidence gathered during such an assessment confirms a non-compliance with an ICAO standard, EASA may raise a separate finding under Part-TCO. This finding will need to be closed before issuance of a TCO authorisation.

Yes, as long as at least one aircraft is compliant with the applicable standards of the Annexes to the Chicago Convention applicable to air operators, EASA will issue a TCO authorisation. Any non-compliant aircraft and/or fleet will be marked as ‘Not authorised’ in the online TCO web-interface.

Conformity with industry standards (when fulfilling the requirements set out in TCO.200 and to the extent that they cover the scope defined in TCO.200(a)(1) and in the absence of safety concerns) may result in a certain bonus rating in the TCO risk-based approach. However, conformity with an industry standard does not substitute for the demonstration of compliance with specific international aviation safety (ICAO) standards by the operator, and does not replace a TCO assessment performed by EASA.

The person who has been explicitly nominated as contact point in the EASA form "Application for Third Country Operators Authorisation" will be your organisation’s Master User for the TCO web-interface. This Master User may register and manage additional Users within your organisation. For further details please refer to the Terms of Use of the TCO web-interface, available on the EASA website.

Once your technical data has been reviewed and processed (and the outcome is positive) you will receive the original EASA TCO authorisation document. It remains valid subject to the conditions specified in the associated technical specifications (published electronically).

The latest TCO technical specifications associated with your TCO authorisation will always be available on-line in the TCO web-interface when you are authorised

The TCO Authorisation number (example: EASA.TCO.ABC-0567.01) is the official number of the authorisation document and is composed as follows: - EASA.TCO specifying the type of official EASA document - ABC-0567 corresponding to your TCO Code (unique identifier allocated to you upon application) - 01 the version of your authorisation.

You will need internet access and an internet browser. The EASA TCO web-interface supports the most common internet browsers.

To use the EASA TCO web-interface your browser must support JAVA script and SSL (Secure Sockets Layer) in order to secure confidential communication. In order to correctly view and complete the application forms on the TCO web-interface you must have Adobe® Reader® (version 8 or higher) installed on your computer. This can be downloaded free-of-charge from http://www.adobe.com.

When an operator receives the TCO authorisation from EASA, the authorisation is accompanied by technical specifications. These will contain the scope of the operations authorised in the EU, e.g. LVO, EDTO, PBN, DG. EASA will only authorise an operator for special operations (such as LVO) when the operator is certified for this operation by its competent aviation authority. In other words, the scope of the TCO authorisation can never exceed the scope of operations approved in the underlying AOC (Operations Specifications) issued by the competent authority of the operator.

In order to be authorised, an operator must comply with all relevant ICAO standards, unless covered by either a) or b) below:

a) For reasons of equal treatment, EASA will not require compliance with those ICAO standards for which any EASA Member State has filed a difference to ICAO.

b) EASA publishes a list of standards for which mitigating measures may be accepted, provided that the State of the operator had filed a difference to ICAO. In this case, the applicant operator must demonstrate mitigating measures to EASA that provide for an equivalent level of safety to that of the international standard. For all other cases which do not fall under a) or b) the operator needs to demonstrate compliance with the international (ICAO) standard.

No. Alternative means of compliance cannot be used to establish compliance with ICAO standards (ref. Guidance Material GM1 TCO.105).

TCO.105 (a) solely refers to the situation where an operator intends to deviate from so called Acceptable Means of Compliance (AMC). Currently, EASA has published only three AMC provisions related to Part-TCO, namely AMC1 TCO.105(a), AMC1 TCO.200(b) and AMC1 TCO.210. If the operator is compliant with these three, then TCO.105 is not applicable.

Individual EU Member States no longer perform their own safety assessments of third country operators as part of the process to grant operating permits. However, EASA Member States will continue to take care of the following, as applicable:

• Commercial agreements (traffic rights), operating permits
• Insurance coverage
• Noise-abatement provisions
• Aviation security regulations
• Exemptions from Dangerous Goods Regulations
• Local aerodrome procedures (steep approach, Enhanced Vision Systems (EVS), etc.)

EU Member States will continue to issue operating permits for commercial operations in accordance with their national regulations. The TCO authorisation issued by EASA is a pre-requisite to apply for such operating permits.

You should only notify aircraft listed in your AOC Operations Specifications. These aircraft must be authorised by your Civil Aviation Authority for flights to EU territories and intended to be used for operations to EU territories. To give an example, if you were an airline operating a regional turboprop fleet and a long-haul fleet, and you only intended to use your long-haul fleet to the EU, then only enter your long-haul fleet in the TCO web-interface. If your long-haul fleet consisted of sister aircraft A, B and C and you only intend to use aircraft A and B for flights to EU territories, do not notify aircraft C.

Aircraft planned to be added to your fleet in the future should not be notified to us, until they are endorsed in the Operations Specifications of your AOC. Aircraft withdrawn from operations to the EU and/or withdrawn from your fleet should be deleted in the TCO web-interface without undue delay.

You can amend the aircraft list in your Basic Operator Data (BOD) questionnaire in the TCO web-interface any time. It is important that the aircraft list is kept up-to-date at all times to avoid potential problems, e.g. during ramp inspections.

No. You can only operate to the EU once EASA has issued your TCO authorisation. Furthermore, EU Member States cannot issue operating permits for your commercial flights as long as you do not hold a TCO authorisation.

The TCO authorisation is a safety authorisation issued by EASA following a technical assessment. This technical authorisation issued by EASA is a mandatory prerequisite when applying with any EASA Member State for commercial traffic rights (operating permits), which continue to be issued directly by Member States.

In addition to the application form, which is available on the EASA website, the applicant operator must provide its AOC, Operations Specifications and a Certificate of Incorporation or similar document.

Application for Third Country Operator Authorisation (TCO Authorisation)

You can send it

• by email to tco [dot] applications [at] easa [dot] europa [dot] eu;
• by fax to +49 (0)221 89990 4461; or
• by regular mail to the following address:

  European Aviation Safety Agency
  Applications and Procurement Services Department
  Postfach 10 12 53 D-50452
  Köln, Germany

Once your application has been accepted we will provide you with a personal login and password that will allow you access to the EASA TCO web-interface. This will allow you to start the technical part of the authorisation process. At this stage you will be requested to submit the technical iformation and any related additional information as requested.

Upon reception of the TCO application, credentials (Login and password) will be provided to your nominated TCO contact person by email, together with the link to the EASA TCO web-interface.

1. The operator should follow the process published on the EASA website and submit its administrative TCO application form.

2. Once EASA has received the administrative application, the operator receives log-on credentials to the web-based TCO software application.

3. Once logged-on to the web-based TCO software application, the operator completes an electronic questionnaire and uploads specific operational documents.

4. EASA then evaluates all the submitted information and decides if a further in-depth assessment is necessary.

5. As soon as the assessment is successfully completed the operator will receive its TCO authorisation document and associated technical specifications.

TCO.300 (b)(1) requires the application at least 30 days before the intended starting date of operation. Therefore, it is highly recommended that you submit the application well in advance of the intended operation. This will allow for sufficient lead time as the Agency, under ART.200(b), may need to conduct a further assessment. Where EASA decides to invite operators for a meeting or to perform an on-site audit, the TCO authorisation process can take several months, especially when the technical assessment results in findings that have to be closed before EASA can issue the authorisation.

No. TCO is a flight safety (not an aviation security) assessment. To this end, TCO addresses security-related issues only to the extent that these are relevant to flight safety and part of an ICAO standard applicable to air operators pursuant to ICAO Annex 6 (e.g., CCTV, reinforced cockpit door, etc.). ACC3 is subject to a separate EU regulation that is unrelated to the TCO Regulation.

Although TCO.300 (b)(1) requires at least 30 days before the intended starting date of operation, it is highly recommended that you submit the application well in advance of the intended operation. This will allow for sufficient lead time as the Agency, under ART.200(b), might need to extend the assessment period in order to conduct further assessment. Where EASA decides to invite operators for a meeting or to perform an on-site audit, the TCO authorisation process can take several months, especially where the technical assessment results in findings that have to be closed before EASA can issue the authorisation.

EASA TCO only takes over the safety-related part of foreign operator assessment, whereas operating permits (commercial traffic rights) will continue to be issued by individual Member States. EASA does not (and cannot) issue operating permits and these remain an area of national responsibility. However, operators should be aware that in addition to other requirements, they must hold a valid TCO authorisation before a Member State can issue an operating permit.

In order to comply with the code-sharing requirements of Regulation (EU) No. 965/2012, it is not enough to hold only a TCO authorisation. Because they involve EU rules as well as ICAO standards, the code-share provisions will apply in addition to the requirements of Part-TCO. Therefore, a third-country operator who shares codes with an EU carrier will be subject to both sets of requirements and their related AMC [ORO.AOC.115/ARO.OPS.105]. In practice, the third-country operator will be obliged to undergo comprehensive audits for the initial and continuous verification of compliance with the applicable ICAO Standards [AMC1 ORO.AOC.115(a)(1)]. The audits can be performed either by the EU operator itself, or by a third-party provider [AMC2 ORO.AOC.115(b)], which includes the possibility of using industry standards such as IOSA. The audit will focus on the operational, management and control systems of the TCO [AMC1 ORO.AOC.115(a)(1)]. Ensuring that the code-sharing third-country operator continues to comply with the applicable ICAO Standards, will be achieved through a code-share audit programme [AMC1 ORO.AOC.115(b)].

No. Aerial work is outside the scope of TCO authorisation. For activities which do not fall under commercial air transport, as covered in ICAO Annex 6, third country operators have to apply for permission with the concerned Member State.

Operators who are subject to an operating ban or restriction in accordance with Reg. (EC) No 2111/2005 are eligible to apply for a TCO authorisation. The authorisation process will require that an audit be performed at the operational premises of the operator. Once EASA has finished its assessment, it will present the results to the European Commission for consideration. EASA cannot issue an authorisation until the European Commission has lifted the operating ban under the Air Safety List Regulation. Note: When the operator is subject to an operating ban due to the State of the Operator not performing adequate oversight, EASA must coordinate with the European Commission before processing the application for a TCO authorisation.

Yes and in addition to this, you will need to comply with the European requirements for leasing as laid down in Reg. (EC) No 965/2012.

No – as long as these flights to-and-from the maintenance facility are non-commercial (ferry flights). These flights shall be designated a non-commercial (General Aviation) flights in the ATS flight plan.

The lessor (non-EU carrier) needs a TCO authorisation.

The aircraft lessor does not need a TCO authorisation, but the third country operator (lessee) must hold a TCO authorisation. Rule of thumb: it is always the operating carrier that performs flights under its responsibility with aircraft under its AOC that needs a TCO authorisation.

Third country operators intending to perform commercial air transport operations (into, out or within the EU) are subject to Part-TCO. In addition, they must comply with the Standardised European Rules of the Air (SERA) and Airspace Usage Requirements (AUR). The State Aeronautical Information Publication (AIP), the Single European Sky (SES) implementing rules and in particular the Interoperability rules also apply. There are also other Regulations under the responsibility of the European Commission that need to be followed, including:

• Commission Implementing Regulation (EU) No 1206/2011 of 22 November 2011 (requirements on aircraft identification for surveillance for the Single European Sky);
• Commission Implementing Regulation (EU) No 1207/2011 of 22 November 2011 (requirements for the performance and the interoperability of surveillance for the single European sky);
• Commission Regulation (EC) No 29/2009 of 16 January 2009 (requirements on data-link services for the single European sky);
• Commission Regulation (EC) No 1265/2007 of 26 October 2007 (requirements on air-ground voice channel spacing for the single European sky);
• Commission Decision C(2011) 2611 of 20 April 2011 (permanent and temporary Article 14 Exemptions from data-link requirements for specific aircraft types)
• Commission Regulation (EC) No 1332/2011 of 16 December 2011 (common airspace usage requirements and operating procedures for airborne collision avoidance) [ACAS II 7.1];
• Council Directive 80/51/EEC of 20 December 1979 (limitation of noise emissions from subsonic aircraft) and Directive 14/1992.

No. AOC holders certified by an EU Member State or an associated State (Iceland, Liechtenstein, Norway, Switzerland) do not require a TCO authorisation.

A third country operator can fly to the following territories without holding a TCO authorisation:

• Greenland and Faroe Islands
• Channel Islands
• French Polynesia
• French Southern & Antarctic Territories
• New Caledonia and Dependencies
• Wallis and Futuna Islands
• Saint Pierre and Miquelon
• Aruba
• Bonaire
• Curaçao
• Saba
• Saint-Barthélemy
• Saint Eustatius
• Saint Maarten
• Anguilla
• Cayman Islands
• Falkland Islands
• South Georgia and the South Sandwich Islands
• Montserrat
• Pitcairn
• Saint Helena and Dependencies
• British Antarctic Territory
• British Indian Ocean Territory
• Turks and Caicos Islands
• British Virgin Islands
• Bermuda

The TCO authorisation doesn't cover the transport of forbidden DGs, but it doesn't ban these flights either, as long as they are covered by exemptions issued by each of the concerned states in accordance with paragraph 4.2 of Annex 18 to the Chicago Convention.

An EASA safety authorisation is required by third country operators engaged in commercial air transport operations into, within or out of the territory subject to the provisions of the Treaty [of the EU]. A third country operator (TCO) in the context of a TCO authorisation is an Air Operator Certificate (AOC) holder certified in a non-EASA member State. Commercial air transport (scheduled or non-scheduled) is defined as “flights involving the transport of passengers, cargo or mail for remuneration or hire”.

As a consequence, it is EASA’s position that regardless of the nature of passengers, cargo or mail involved, a flight performed by an AOC holder for remuneration or hire with civil aircraft constitutes commercial air transport and is subject to prior TCO authorisation by EASA if the above conditions apply.

A flight may require (additional) diplomatic clearance; however, this is unrelated to the requirement of TCO authorisation where applicable.

Yes a TCO authorisation is required, if your principle place of business (POB) is in one of the following territories (i.e. an EU overseas territory which is not listed in the scope of Commission Regulation (EU) No 452/2014)

• Greenland and Faroe Islands
• Channel Islands
• French Polynesia
• French Southern & Antarctic Territories
• New Caledonia and Dependencies
• Wallis and Futuna Islands
• Saint Pierre and Miquelon
• Aruba
• Bonaire
• Curaçao
• Saba
• Saint Eustatius
• Saint Maarten
• Anguilla
• Cayman Islands
• Falkland Islands
• South Georgia and the South Sandwich Islands
• Montserrat
• Pitcairn
• Saint Helena and Dependencies
• British Antarctic Territory
• British Indian Ocean Territory
• Turks and Caicos Islands
• British Virgin Islands
• Bermuda

Exception: If your POB is in one of these territories, but the AOC was issued by an EU Member State, then no TCO authorisation is required.

It depends. If you perform commercial air transport under an Air Operator Certificate (AOC) (operating aircraft for hire to transport passengers, cargo or mail) the answer is yes. If you file flight plans using the flight types “N” or “S” then you are conducting commercial air transport operations and must hold a TCO authorisation issued by EASA in order to operate to EU territories.

For operations performed strictly within the classification of Part-91, EASA does not require an authorisation under Part-TCO. These flights shall be designated a non-commercial (General Aviation) flights in the ATS flight plan.

U.S. 14 CFR Part 125 Operators are not eligible to apply for a TCO Authorisation. An FAA Part 125 Operating Certificate is not an Air Operator Certificate (AOC) as defined in ICAO Annex 6, Part I. An ICAO-compliant AOC is required for commercial air transport operations to EU territories. United States 14 CFR Part 125 Operators may conduct non-commercial, general aviation flights to EU territories in line with provisions stipulated in the AIP of the State of destination. Make sure the type of flight is correctly denoted in item no. 8 of the ATS flight plan (‘G’ for general aviation).

No. A TCO authorisation is only required for intended landings in EU territories.

Yes. A TCO authorisation is required for all commercial air transport flights to/from airports in EU territories (including certain EU overseas territories).

Yes. A third country operator can file to an airport located in the territory of an EASA Member State as an alternate airport without holding a TCO authorisation.

Yes. Part-TCO is fully applicable to flights conducted under an U.S. 14 CFR Part 135 certificate.

Yes. The European TCO authorisation regime does not differentiate between scheduled and non-scheduled commercial air transport operations. All commercial air transport air operators need to apply for a TCO authorisation.

For air ambulance flights and other urgent flights performed in the public interest and where the urgency of the mission justifies bypassing the regular TCO assessment process (e.g. humanitarian missions or disaster relief operations), please consult the section for “One-off” notification flights.

The lessor (EU carrier) does not need a TCO authorisation.

According to article TCO.305, the following operations may be conducted under a one-off notification:

1. Air ambulance flights:
   The use of an aircraft to move sick or injured patients between healthcare facilities and/or deliver patient medical care whilst in transit to or from destinations in EU territories
    
2. A non-scheduled flight or a series of non-scheduled flights to overcome an unforeseen, immediate and urgent operational need:
   Such flights are limited to flights performed in the public interest and where the urgency of the mission justifies bypassing the regular TCO assessment process (e.g. humanitarian missions or disaster relief operations).

The following conditions shall be met by an applicant (operator) in order to satisfy the one-off notification requirements:

The Agency is notified prior to the intended date of the first flight. The operator will need to file and submit the appropriate ‘One-off notification’ form and provide the necessary supporting documents to the Agency; and

The operator is not subject to an operating ban pursuant to Regulation (EC) No 2111/2005 of the European Parliament and of the Council; and

The operator has not been refused a TCO authorization (negative decision on the grounds of safety concerns), and

The operator must not have filed a ‘One-off notification’ with the Agency within the previous 24 months.

The One-off notification form may be found here.

In addition to the one-off notification form, which is available on the EASA website, the applicant operator must provide its AOC, Operations Specifications and the valid certificate of airworthiness of the aircraft intended to be used under the one-off notification.

Article 3 of the so-called TCO regulation requires all third country operators engaging in commercial air transport operations to EASA Member States to hold an authorisation issued by the Agency.

One-off notification is referring to article TCO.305 “Non-scheduled Flights – one-off notification“ of the TCO regulation.

This article provides a way to derogate from Article 3 in order to perform air ambulance flights or a non-scheduled flight or a series of non-scheduled flights to overcome an unforeseen, immediate and urgent operational need without first obtaining an authorisation issued by the Agency.

The dedicated application form may be found here.

The filled form together with the requested supporting documents must be submitted by the Agency via the dedicated ‘one-off’ email address.

Upon receipt of the application form and the supporting documents, EASA will send the applicant an automated acknowledgment email. The received acknowledgment email will serve as a proof that EASA has received a ‘one-off notification’ application. This acknowledgement may be used temporarily by operators, in conjunction with the application form and the submitted documents, to support their request for operating permits from the concerned EU Member States.

A ‘one-off notification’ may be filed only once every 24 months by an operator.

The conditions to be met for a re-application are identical to the ones applicable for the first ‘one-off notification’ filed with the Agency.

The ‘one-off notification’ privileges will automatically be removed. All commercial air transport operations must stop with immediate effect.

The concerned EU Member State will review the application form and the submitted documents in order to evaluate and decide on the request for the operating permits. In case of a refusal, the EU Member State will inform the Agency accordingly.

The Agency will also review the received application form and the supporting documentation. Should this review be unsatisfactory (e.g. no valid Air Operator Certificate, operations are requested that are not approved on the operations specifications documents, false declaration, etc.) the Agency will immediately remove the privileges given under the ‘One-off notification’ and inform the Member States. All commercial air transport operations must then stop with immediate effect.

The ‘one-off notification’ privileges will automatically be removed until the Agency has come to a final decision concerning the TCO application. All commercial air transport operations must stop with immediate effect until further notice.

The ‘one-off notification’ privileges will automatically be removed.  All commercial air transport operations must stop with immediate effect.

Only by email on the following address: TCO_one_off [at] easa [dot] europa [dot] eu

It is important to remember the following critical milestones in the ‘one-off notification’ process:

The operator must formally apply to the Agency for a standard TCO authorization within ten (10) working days after the date of the ‘one-off notification’; and

Flights may only be performed under the ‘one-off notification’ for a maximum period of six (6) consecutive weeks (= 42 calendar days) following the date of the ‘one-off notification’, or until such time as the Agency has taken a final decision on the formal TCO application (see point 1. above).