Annex to ED Decision 2014/023/R
European Aviation Safety Agency
Acceptable Means of Compliance
(AMC)
and
Guidance Material (GM)
to
Air operations of third country
operators
Initial Issue
6 May 20141
1
For the date of entry into force of this Amendment, kindly refer to Decision 2014/023/R in the Official Publication of
the Agency
AMC/GM TO ANNEX I – PART-TCO
TABLE OF CONTENTS
SECTION I — GENERAL REQUIREMENTS ................................................................. 3
AMC1 TCO.105(a) Means of compliance ....................................................................... 3
GM1 TCO.105(a) Means of compliance ......................................................................... 3
GM1 TCO.110 Mitigating measures .............................................................................. 3
SECTION II — AIR OPERATIONS ............................................................................. 4
AMC1 TCO.200(b) General requirements ...................................................................... 4
GM1 TCO.200(b) General requirements ....................................................................... 4
GM1 TCO.200(c) General requirements ....................................................................... 4
AMC1 TCO.200(e) General requirements ...................................................................... 4
AMC1 TCO.210 Documents, manuals and records to be carried ...................................... 4
GM1 TCO.210 Documents, manuals and records to be carried ........................................ 4
SECTION III — AUTHORISATION OF THIRD COUNTRY OPERATORS ....................... 5
GM1 TCO.300(a) Application for an authorisation .......................................................... 5
GM1 TCO.300(b) Application for an authorisation .......................................................... 5
GM1 TCO.300(e)(1) Application for an authorisation ...................................................... 5
GM1 TCO.300(e)(2) Application for an authorisation ...................................................... 5
GM1 TCO.315 Changes .............................................................................................. 5
AMC1 TCO.320 Continued validity ............................................................................... 6
AMC1 TCO.325 Findings ............................................................................................. 6
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AMC/GM TO ANNEX I – PART-TCO
SECTION I – GENERAL REQUIREMENTS
SECTION I — GENERAL REQUIREMENTS
AMC1 TCO.105(a) Means of compliance
DEMONSTRATION OF COMPLIANCE
In order to demonstrate that the Implementing Rules are met, a risk assessment should be
completed and documented by the operator. The result of this risk assessment should
demonstrate that an equivalent level of safety to that established by the Acceptable Means of
Compliance (AMC) adopted by the Agency is accomplished.
GM1 TCO.105(a) Means of compliance
DEMONSTRATION OF COMPLIANCE
Alternative means of compliance cannot be used to establish compliance with ICAO standards.
TCO.105(a) refers to alternatives to the Acceptable Means of Compliance (AMC) adopted by
the Agency, which detail how compliance with Regulation (EC) No 216/2008 and Part-TCO
may be established.
GM1 TCO.110 Mitigating measures
NOTIFIED DIFFERENCES TO ICAO STANDARDS
(a) In case of notified differences to ICAO standards, the Agency will rely on the ICAO EFOD
(Electronic Filing of Differences) database.
(b) If the operator can demonstrate that it operates in compliance with the ICAO standard,
despite a difference to ICAO standards notified by the State of operator or the State of
registry, the operator is not required to propose mitigating measures to establish
compliance with Part-TCO.
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AMC/GM TO ANNEX I – PART-TCO
SECTION II – AIR OPERATIONS
SECTION II — AIR OPERATIONS
AMC1 TCO.200(b) General requirements
DIFFERENCE BETWEEN OPERATIONS SPECIFICATIONS AND TCO AUTHORISATION
Whenever there is a difference between the operations specifications associated to the Air
Operator Certificate (AOC) and the specification associated to the TCO authorisation, the more
limiting specification should apply.
GM1 TCO.200(b) General requirements
SPECIAL AUTHORISATION
For certain operations a special authorisation is required. Special authorisations are those
including, but not limited to, the carriage of dangerous goods, Low Visibility Operations (LVO),
Reduced Vertical Separation Minima (RVSM), Extended Diversion Time Operations (EDTO),
navigation specifications for Performance-Based Navigation operations (PBN), special approach
authorisation and Minimum Navigation Performance Specifications (MNPS).
GM1 TCO.200(c) General requirements
CERTIFICATE OF AIRWORTHINESS
Certificate of Airworthiness of the Aircraft (CofA) means a Certificate of Airworthiness (CofA)
issued in accordance with ICAO Annex 8.
AMC1 TCO.200(e) General requirements
REPORTING OF ACCIDENTS
The third country operator should report to the Agency all accidents involving aircraft used
under its AOC, including aircraft that are not intended to be flown into, within or out of the
territory subject to the provisions of the Treaty.
AMC1 TCO.210 Documents, manuals and records to be carried
GENERAL
The documents, manuals and information may be available in a form other than on printed
paper. Accessibility, usability and reliability should be assured.
GM1 TCO.210 Documents, manuals and records to be carried
GENERAL
The third country operator is not required to carry the TCO authorisation on board its aircraft.
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AMC/GM TO ANNEX I – PART-TCO
SECTION III – AUTHORISATION OF THIRD COUNTRY OPERATORS
SECTION III — AUTHORISATION OF THIRD COUNTRY OPERATORS
GM1 TCO.300(a) Application for an authorisation
DEMONSTRATION OF INTENTION TO OPERATE
The intention to operate is sufficiently substantiated when an operator can demonstrate a
credible intention to conduct commercial operations into within or out of the territory subject
to the provisions of the Treaty of the European Union. The operator may substantiate its
intention by submitting its planned schedule for commercial air transport operations where
this is possible or, by having aircraft available for intended flights in the case of unscheduled
commercial air transport operations, or Europe being a geographical part of the operations
specifications, or a statement from senior management that operations to the European Union
are planned. However, other means of demonstrating a credible intention may be used.
GM1 TCO.300(b) Application for an authorisation
SUBMISSION OF APPLICATION FOR AN AUTHORISATION
The application is considered to be submitted when the complete set of information required
under TCO.300(c) has been received.
GM1 TCO.300(e)(1) Application for an authorisation
LEASE-IN OF AIRCRAFT NOT REGISTERED IN THE STATE OF THE OPERATOR
(a) In the case of aircraft not registered in the State of the operator, the Agency may
request the following information on the lease agreement:
(1) the aircraft type, registration markings and serial number;
(2) the name and address of the registered owner;
(3) a copy of the valid certificate of airworthiness;
(4) a copy of the lease agreement or description of the lease provisions, except
financial arrangements; and
(5) duration of the lease.
GM1 TCO.300(e)(2) Application for an authorisation
DOCUMENTS FOR AIRCRAFT NOT REGISTERED IN THE STATE OF THE OPERATOR
Any agreement on the transfer of certain functions and duties between the State of registry
and the State of operator that reliefs the State of registry of responsibility in respect of the
functions and duties transferred, should be made available upon request.
GM1 TCO.315 Changes
CHANGES REQUIRING PRIOR APPROVAL
Typical examples of changes that require a prior approval and affect the TCO authorisation or
associated specification are listed below:
(a) temporary or permanent cessation of operations;
(b) the name of the operator;
(c) the operator’s principal place of business;
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AMC/GM TO ANNEX I – PART-TCO
SECTION III – AUTHORISATION OF THIRD COUNTRY OPERATORS
(d) the operator’s scope of activities, e.g. extensions of privileges granted or restrictions
imposed in the operations specifications to the AOC;
(e) enforcement measures imposed by a civil aviation authority, including limitations and
suspension;
(f) new type of aircraft - different ICAO type designator - included in the fleet;
(g) any takeover, merger, consolidation or other structural change to the operator’s
organisation that could result in a change to the conditions and approvals as defined in
the AOC or equivalent document.
AMC1 TCO.320 Continued validity
RE-SUBMITTANCE OF APPLICATION
If an operator has not carried out a flight into within or out of the territory subject to the
provisions of the Treaty within the last 24 months, the operator should resubmit an application
for a TCO authorisation prior to recommencing operations to Europe.
AMC1 TCO.325 Findings
GENERAL
Operators should identify and review the root cause(s) of the non-compliances for each
confirmed finding and should ensure that the corrective action(s) taken are adequate to
correct the non-compliance and to prevent re-occurrence. A corrective action plan lists the
action(s) to eliminate or mitigate the root cause(s) and to prevent recurrence of an existing
detected non-compliance or other undesirable condition or situation. Proper determination of
the root cause is crucial for defining effective corrective actions to prevent reoccurrence.
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