European Third-Country Operator Applicability Clarified as Deadline Approaches

Nov. 7, 2014

As an important European Aviation Safety Agency (EASA) deadline approaches, NBAA reminders Members that the following United Kingdom Overseas Territories are notpart of the European Community, and therefore commercial air transport (CAT) operations within these territories are not subject to EASA regulations, including the third-country operator (TCO) authorization mandate:

• Anguilla
• Bermuda
• British Antarctic Territory
• British Indian Ocean Territory
• British Virgin Islands
• Cayman Islands
• Falkland Islands
• Montserrat
• Pitcairn Islands
• St. Helena (Ascension Island and Tristan da Cunha)
• Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus
• South Georgia and the South Sandwich Islands
• Turks and Caicos Islands

However, any third-country operator that intends to conduct CAT operations into, within or out of any of the following territories must apply for a TCO authorization:

• The 28 member states of the European Union (EU)
• The four European Free Trade Association states (Iceland, Liechtenstein, Norway and Switzerland)
• The following territories in which Regulation (EC) No. 216/2008, the so called “Basic Regulation,” applies: Gibraltar, Åland Islands, Azores, Madeira, Canary Islands, Guadeloupe, French Guiana, Martinique, Réunion, Saint Martin and Mayotte

The application deadline for the new EASA TCO authorization is Nov. 26.

“We recommend NBAA Member Companies subject to the TCO authorization complete the application process as soon as possible,” said Doug Carr, the Association’s vice president of regulatory and international affairs. “It is highly unlikely operators applying in these last few weeks before the deadline will receive the TCO authorization prior to Nov. 26, but EASA has indicated beginning the process by submitting the application is sufficient to continue operations into the applicable states and territories for the time being.” 

Until the operator receives formal TCO authorization from EASA, the operator must continue to follow national procedures of EU member states with regard to obtaining operating permits for flights to the EU.

EASA anticipates full implementation for all TCOs to take approximately 24 months after the application deadline passes.

This article provides a correction to an earlier article published in the September/October 2014 edition of NBAA’s Business Aviation Insider magazine (page 14), which erroneously stated that CAT operators from outside the EU flying to, from or within Anguilla, Bermuda, Cayman Islands and Turks and Caicos Islands are subject to the EASA TCO approval requirement. NBAA regrets the error. For the latest information on this topic, visit NBAA’s EU TCO Resources page. Direct questions to NBAA at ops@nbaa.org.