The meaning of third countriesin this rule is slightly different than usual. The overseas countries and territories, specifically those listed in Annex II to TFEU (
*), are "outside the territories to which the Treaties apply" (
*) (
cf article 2, Basic Regulation). For the most part EU law is applied to OCTs at the discretion of the controlling state. For example Denmark has chosen to apply the Aircrew Regulation to Greenland and the Faeroes. A similar arrangement has been made for New Caledonia (
*). The UK has taken a different approach with its overseas territories which enjoy Overseas Territories Aviation Requirements modelled on US regulations.
For the purpose of this rule article 78 in the Basic Regulation bears fruit. It requires EASA to be the competent authority taking responsibility for certification oversight and enforcement of pilot training organisations that are principally based outside the territories for which member states are responsible under the Chicago Convention. That article clarifies what is meant in rule ORA.GEN.105 in the Part-ORA annex to the Aircrew Regulation. The OCTs do not adhere under their own aegis to the Chicago Convention—see list of parties
here—so they should not be treated as third countries for the purpose of ORA.ATO.150. I wonder when the first DTO will be established in the Caribbean.