Date: 2016-07-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Regulation (EU) 2016/1158 of 15 July 2016 amending Regulation (EU) No 452/2014 as regards the deletion of templates for the authorisations issued to third country operators and for the associated specifications (Text with EEA relevance)
Executive Summary:
Commission Regulation (EU) 2016/1158 amends Regulation (EU) No 452/2014, specifically deleting templates for third country operator authorizations and associated specifications. This change aims to reduce administrative burden caused by the need to frequently update templates to reflect evolving ICAO standards. The regulation entered into force on the twentieth day following its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Amendment of Regulation (EU) No 452/2014:**
* Annex 2 to Regulation (EU) No 452/2014 is amended as outlined in the Annex of this regulation.
* Appendices I and II of Annex 2, which contained templates for authorizations and specifications, are deleted.
* **Agency Authorization Requirements:**
* Replaced point ART.210a outlines conditions for the Agency to issue authorizations, including:
* Valid AOC or equivalent document held by the third country operator.
* Authorization by the State of the operator to conduct operations into the EU.
* Establishment of compliance with Part-TCO requirements.
* Transparent communication in response to assessments or audits.
* Timely corrective action for any identified non-compliance.
* No major deficiencies in the State of operator/registry's ability to certify and oversee operations.
* The applicant not being subject to an operating ban pursuant to Regulation (EC) No 2111/2005.
Impact Analysis:
* **European Aviation Safety Agency (EASA):**
* Impact: EASA is now responsible for establishing and updating templates independently, without being bound by the deleted appendices.
* Action Required: EASA must establish and maintain internal templates for third country operator authorizations and associated specifications.
* **Third Country Operators:**
* Impact: Third country operators are subject to revised authorization procedures, which no longer rely on the deleted templates.
* Action Required: Ensure compliance with the revised requirements outlined in point ART.210a, particularly regarding AOC validity, authorization by their state, compliance with Part-TCO, communication, corrective actions, and absence of operating bans.
* **Member States:**
* Impact: Member states are directly bound to the regulation.
* Action Required: Apply the amended regulation in its entirety.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Regulation (EU) 2016/1158: Commission Regulation (EU) 2016/1158 of 15 July 2016 amending Regulation (EU) No 452/2014 as regards the deletion of templates for the authorisations issued to third country operators and for the associated specifications.
Regulation (EU) No 452/2014: Commission Regulation (EU) No 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators.
Regulation (EC) No 216/2008: Regulation (EC) No 216/2008 of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Aviation Safety Agency.
European Aviation Safety Agency: The European Aviation Safety Agency (EASA) is an agency of the European Union (EU) with responsibility for civil aviation safety.
International Civil Aviation Organisation: A UN specialized agency, codifies the principles and techniques of international air navigation and fosters the planning and development of international air transport to ensure safe and orderly growth.
Brussels: The location where the regulation was adopted.
16.7.2016 EN Official Journal of the European Union L 192/21
COMMISSION REGULATION (EU) 2016/1158
of 15 July 2016
amending Regulation (EU) No 452/2014 as regards the deletion of templates for the authorisations
issued to third country operators and for the associated specifications
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on
common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council
Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Article 9(4)
thereof,
Whereas:
(1) Commission Regulation (EU) No 452/2014 (2) sets out how third country operators of aircraft referred to in
Article 4(1)(d) of Regulation (EC) No 216/2008 engaged in commercial air transport operations into, within or
out of the territory subject to the provisions of the Treaty are to be authorised with respect to the applicable
International Civil Aviation Organisation (ICAO) standards. That Regulation contains in Appendices I and II to its
Annex 2 (Part-ART) templates for that authorisation and specifications associated with it.
(2) Experience in the application of Regulation (EU) No 452/2014 has shown that, in order to account for frequently
changing ICAO standards in a timely manner, those templates would need to be amended on a regular basis,
resulting in unnecessary administrative burden. The requirement to use those templates is not justified,
considering that without that requirement the European Aviation Safety Agency can establish and update itself
the necessary templates. Therefore that requirement and those templates should be deleted from Regulation (EU)
No 452/2014.
(3) Regulation (EU) No 452/2014 should therefore be amended accordingly.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by
Article 65 of Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
Article 1
Annex 2 to Regulation (EU) No 452/2014 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
(1) OJ L 79, 19.3.2008, p. 1.
(2) Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related
to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council
(OJ L 133, 6.5.2014, p. 12).L 192/22 EN Official Journal of the European Union 16.7.2016
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 July 2016.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX
Annex 2 to Regulation (EU) No 452/2014 is amended as follows:
(1) point ART.210(a) is replaced by the following:
‘(a) The Agency shall issue the authorisation, including the associated specifications, when:
(1) 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;
(2) it is satisfied that the third country operator is authorised by the State of the operator to conduct operations
into the EU;
(3) it is satisfied that the third country operator has established:
(i) compliance with the applicable requirements of Part-TCO;
(ii) transparent, adequate and timely communication in response to a further assessment and/or an audit of
the Agency, if applicable; and
(iii) a timely and successful corrective action submitted in response to an identified non-compliance, if any;
(4) there is no evidence of major deficiencies in the ability of the State of the operator or the State of registry,
as applicable, to certify and oversee the operator and/or aircraft in accordance with the applicable ICAO
standards; and
(5) the applicant not being subject to an operating ban pursuant to Regulation (EC) No 2111/2005.’;
(2) Appendices I and II are deleted.