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Part ARO - ANNEX II - Authority Requirements for Air Operations
(3) Where an organisation fails to submit an acceptable corrective action plan, or to
perform the corrective action within the time period accepted or extended by the
CAA, the finding shall be raised to a level 1 finding and action taken as laid down in
(d)(1).
(4) The CAA shall record all findings it has raised or that have been communicated to it
in accordance with point (e) and, where applicable, the enforcement measures it
has applied, as well as all corrective actions and date of action closure for findings.
ARO.GEN.350 GM1 Findings and corrective actions — organisations
TRAINING
For a level 1 finding it may be necessary for the CAA to ensure that further training by the organisation
is carried out and audited by the CAA before the activity is resumed, dependent upon the nature of the
finding.
ARO.GEN.350(d) GM2 Findings and corrective actions — organisations
CORRECTIVE ACTION IMPLEMENTATION PERIOD
The 3-month period should commence from the date of the communication of the finding to the
organisation in writing and requesting corrective action to address the non-compliance(s) identified.
ARO.GEN.355 Findings and enforcement measures — persons
(a) If, during oversight or by any other means, evidence is found by the CAA that shows a
non-compliance with the applicable requirements by a person holding a licence,
certificate, rating or attestation issued in accordance with Regulation (EC) No 216/2008
and its Implementing Rules, the CAA shall act in accordance with ARA.GEN.355 to (c) of
Annex VI (Part-ARA) to Commission Regulation (EU) No 1178/20113.
(b) If, during oversight or by any other means, evidence is found showing a non-compliance
with the applicable requirements by a person subject to the requirements laid down in
Regulation (EC) No 216/2008 and its Implementing Rules and not holding a licence,
certificate, rating or attestation issued in accordance with that Regulation and its
Implementing Rules, the CAA shall take any enforcement measures necessary to prevent
the continuation of that non-compliance.
ARO.GEN.355(b) GM1 Findings and enforcement measures — persons
GENERAL
This provision is necessary to ensure that enforcement measures will be taken also in cases where
the CAA may not act on the licence, certificate or attestation. The type of enforcement measure will
depend on the applicable national law and may include for example the payment of a fine or the
prohibition from exercising.
It covers two cases:
(a) persons subject to the requirements laid down in Regulation (EC) No 216/2008 and its
Implementing Rules who are not required to hold a licence, certificate or attestation; and
(b) persons who are required to hold a licence, rating, certificate or attestation, but who do
not hold the appropriate licence, rating, certificate or attestation as required for the activity
they perform.
ARO.GEN.360 Findings and enforcement measures — all operators
If, during oversight or by any other means, evidence is found showing a non-compliance with the
applicable requirements by an operator subject to the requirements laid down in Regulation (EC) No
216/2008 and its Implementing Rules, the CAA shall take any enforcement measures necessary to
prevent the continuation of that non-compliance.
Reference SUBPART OPS AIR OPERATIONS
ARO.OPS.100 Issue of the air operator certificate
(a) The CAA shall issue the air operator certificate (AOC) when satisfied that the operator
has demonstrated compliance with the elements required in ORO.AOC.100.
(b) The certificate shall include the associated operations specifications.
(c) The CAA may determine specific operational limitations. Such limitations shall be
documented in the operations specifications.
ARO.OPS.100(b) GM1 Issue of the air operator certificate
AREA OF OPERATION
(a) If the area of operation within the operational specifications of Appendix II to Part-ARO is
not defined as ‘worldwide’ or ‘with no geographical limit’, the CAA should describe the
boundaries of a permissible area of operation by listing for example:
(1) a continuous line between a list of coordinates (Lat./Long.);
(2) the national boundary of the State of issuance of the AOC;
(3) a flight information region (FIR) boundary;
(4) a combination of adjacent FIR boundaries;
(5) ICAO region(s) as per ICAO Doc 7030; and
(6) operations in the Inter-Tropical Convergence Zone (ICTZ).
(b) The following factors should be taken into account when deciding the area of operation for
CAT operations:
(1) The adequacy of the operational control and maintenance arrangements within the
proposed area of operation.
(2) The general suitability of the aircraft which are to be used and in particular:
(i) the performance capability of the aircraft with regard to the terrain;
(ii) the need for any special equipment;
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