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Document 32008R1056
Commission Regulation (EC) No 1056/2008 of 27 October 2008 amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (Text with EEA relevance)
Commission Regulation (EC) No 1056/2008 of 27 October 2008 amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (Text with EEA relevance)
Commission Regulation (EC) No 1056/2008 of 27 October 2008 amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (Text with EEA relevance)
OJ L 283, 28.10.2008, p. 5–29
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
No longer in force, Date of end of validity: 05/01/2015; Repealed by 32014R1321
28.10.2008 |
EN |
Official Journal of the European Union |
L 283/5 |
COMMISSION REGULATION (EC) No 1056/2008
of 27 October 2008
amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, in particular Article 80(2) thereof,
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 5(5) thereof,
Whereas:
(1) |
In accordance with Article 7(6) of Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (2), the European Aviation Safety Agency (hereinafter the Agency) has made an evaluation of the implication of the provisions of Annex I (Part-M) to that Regulation. |
(2) |
The Agency has concluded that the current provisions of Annex I (Part-M) to Regulation (EC) No 2042/2003 are too stringent for aircraft not involved in commercial air transport, in particular for aircraft that are not classified as ‘complex motor-powered aircraft’. |
(3) |
Due to the expiration of the period during which Member States had the possibility to apply derogation for aircraft not involved in commercial air transport, as provided in Article 7(3)(a) of Regulation (EC) No 2042/2003, which most Member States have actually applied, the provisions of Annex I (Part-M) shall be fully applied in all Member States from 28 September 2008, unless changes are adopted in due time. |
(4) |
The Agency has advised making significant amendments to Regulation (EC) No 2042/2003, and in particular to Annex I (Part-M) thereof, in order to adapt the existing requirements to the complexity of the different categories of aircraft and the types of operations without impairing the level of safety. |
(5) |
In order to allow the competent authorities of the Member States and the interested parties to become sufficiently acquainted with the new requirements of Part M, and to adapt themselves thereto, Member States should be allowed to defer the application of Part M to aircraft not involved in commercial air transport for an additional period of one or two years, depending on the provisions concerned. |
(6) |
Regulation (EC) No 2042/2003 should therefore be amended accordingly. |
(7) |
The provisions of this Regulation take into account the Communication from the Commission of 11 January 2008, ‘An Agenda for sustainable Future in General and Business Aviation’ (3). |
(8) |
The measures provided for in this Regulation are based on the opinion issued by the Agency in accordance with Articles 17(2)(b) and 19(1) of Regulation (EC) No 216/2008. |
(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of the Regulation (EC) No 216/2008, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2042/2003 is amended as follows:
1. |
In Article 2 the following points (k) and (l) are added:
|
2. |
In Article 3, the following paragraph 4 is added: ‘4. For aircraft not used in commercial air transport, any airworthiness review certificate or equivalent document issued in accordance with the Member State requirements and valid on 28 September 2008 shall be valid until its expiration date or until 28 September 2009, whichever comes first. After the expiration of its validity, the competent authority may further re-issue or extend one time the airworthiness review certificate or equivalent document for one year, if allowed by the Member State requirements. Upon further expiration, the competent authority may further re-issue or extend one more time the airworthiness review certificate or equivalent document for one year, if allowed by the Member State requirements. No further re-issuance or extension is allowed. If the provisions of this point have been used, when transferring the registration of the aircraft within the EU, a new airworthiness review certificate shall be issued in accordance with M.A.904.’ |
3. |
In Article 4, the following point 4 is added: ‘4. Certificates of release to service and authorised release certificates issued before the date of entry into force of this Regulation by a maintenance organisation approved under the Member State requirements shall be deemed equivalent to those required under points M.A.801 and M.A.802 of Annex I (Part-M) respectively.’ |
4. |
In Article 5 paragraph 1 is replaced by the following: ‘1. Certifying staff shall be qualified in accordance with the provisions of Annex III, except as provided for in points M.A.606(h), M.A.607(b), M.A.801(d) and M.A.803 of Annex I and in point 145.A.30(j) of Annex II (Part 145) and Appendix IV to Annex II (Part 145).’ |
5. |
Article 7 is amended as follows:
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6. |
Annexes I and II are amended in accordance with the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 October 2008.
For the Commission
Antonio TAJANI
Vice-President
(2) OJ L 315, 28.11.2003, p. 1.
(3) COM(2007) 869 final.
ANNEX
1.
Annex I (Part-M) to Regulation (EC) No 2042/2003 is amended as follows:
(1) |
In point M.1, paragraph 4, the following point (iii) is added:
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(2) |
In point M.A.201, paragraph (e) is replaced by the following:
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(3) |
In point M.A.201, paragraph (i), the introductory phrase is replaced by the following: ‘When an operator is requested by a Member State to hold a certificate for commercial operations, other than for commercial air transport, it shall:’. |
(4) |
In point M.A.202, paragraph (a) is replaced by the following:
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(5) |
Point M.A.302 is replaced by the following: ‘M.A.302 Aircraft Maintenance Programme
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(6) |
In point M.A.305, paragraph (b) is replaced by the following:
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(7) |
In point M.A.403, paragraph (b), the words ‘according to M.A.801(b)1, M.A.801(b)2 or Part-145’ are replaced by the words ‘according to points M.A.801(b)1, M.A.801(b)2, M.A.801(c), M.A.801(d) or Annex II (Part-145)’. |
(8) |
In point M.A.501, paragraph (a), the words ‘specified in Part-145 and Subpart F’ are replaced by the words ‘specified in Annex (Part-21) to Regulation (EC) No 1702/2003, Annex II (Part-145) or Subpart F, Section A of Annex I to this Regulation’. |
(9) |
Point M.A.502 is replaced by the following: ‘M.A.502 Component maintenance
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(10) |
Point M.A.503 is replaced by the following: ‘M.A.503 Service life limited components Installed service life limited components shall not exceed the approved service life limit as specified in the approved maintenance programme and airworthiness directives, except as provided for in point M.A.504(c).’ |
(11) |
In point M.A.504, paragraph (b) is replaced by the following:
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(12) |
Point M.A.601 is replaced by the following: ‘M.A.601 Scope This Subpart establishes the requirements to be met by an organisation to qualify for the issue or continuation of an approval for the maintenance of aircraft and components not listed in point M.A.201(g).’ |
(13) |
In point M.A.604(a), points 5 and 6 are replaced by the following:
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(14) |
In point M.A.606, the following paragraph (h) is added:
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(15) |
Point M.A.607 is replaced by the following: ‘M.A.607 Certifying staff
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(16) |
In point M.A.608(a), point 1 is replaced by the following:
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(17) |
Point M.A.610 is replaced by the following: ‘M.A.610 Maintenance work orders Before the commencement of maintenance a written work order shall be agreed between the organisation and the organisation requesting maintenance to clearly establish the maintenance to be carried out.’ |
(18) |
In point M.A.613, paragraph (a) is replaced by the following:
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(19) |
Point M.A.615 is replaced by the following: ‘M.A.615 Privileges of the organisation The maintenance organisation approved in accordance with Section A, Subpart F of this Annex (Part M), may:
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(20) |
Point M.A.703 is amended as follows:
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(21) |
Point M.A.704 is amended as follows:
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(22) |
In point M.A.706, the following paragraphs (i) and (j) are added:
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(23) |
In point M.A.707, paragraph (a) is replaced by the following:
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(24) |
In point M.A.708(b), point 2 is replaced by the following:
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(25) |
Point M.A.709 is replaced by the following: ‘M.A.709 Documentation
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(26) |
Point M.A.711 is replaced by the following: ‘M.A.711 Privileges of the organisation
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(27) |
In point M.A.712, paragraph (f) is replaced by the following:
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(28) |
In point M.A.714, paragraph (b) is replaced by the following:
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(29) |
Point M.A.801 is replaced by the following: ‘M.A.801 Aircraft certificate of release to service
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(30) |
Point M.A.802 is replaced by the following: ‘M.A.802 Component certificate of release to service
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(31) |
Point M.A.803 is replaced by the following: ‘M.A.803 Pilot-owner authorisation
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(32) |
Point M.A.901 is replaced by the following: ‘M.A.901 Aircraft airworthiness review To ensure the validity of the aircraft airworthiness certificate an airworthiness review of the aircraft and its continuing airworthiness records shall be carried out periodically.
|
(33) |
In point M.A.904, paragraphs (a) and (b) are replaced by the following:
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(34) |
Point M.B.301 is amended as follows:
|
(35) |
In point M.B.302, ‘Article 10(3)’ is replaced by ‘Article 14(4)’. |
(36) |
In point M.B.303, paragraph (a) is replaced by the following:
|
(37) |
In point M.B.303, the following paragraph (i) is added:
|
(38) |
Point M.B.606 is replaced by the following: ‘M.B.606 Changes
|
(39) |
Point M.B.706 is replaced by the following: ‘M.B.706 Changes
|
(40) |
In point M.B.901, ‘M.A.902(d)’ is replaced by ‘point M.A.901’. |
(41) |
Point M.B.902 is replaced by the following: ‘M.B.902 Airworthiness review by the competent authority
|
(42) |
Points 5.1 and 5.2 of Appendix I ‘Continuing Airworthiness Arrangement’ are replaced by the following:
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(43) |
Appendix II section 2 ‘COMPLETION OF THE RELEASE CERTIFICATE BY THE ORIGINATOR’ is amended as follows:
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(44) |
Appendix III is replaced by the following: |
(45) |
In Appendix IV, paragraphs 4 and 5 are replaced by the following:
|
(46) |
Appendix VI is replaced by the following: ‘Appendix VI Continuing Airworthiness Management Organisation Approval Certificate referred to in Annex I (Part-M), Subpart G Text of image Text of image |
(47) |
Appendix VII is amended as follows:
|
(48) |
Appendix VIII is replaced by the following: ‘Appendix VIII Limited Pilot-Owner Maintenance In addition to the requirements laid down in Annex I (Part M), the following basic principles are to be complied with before any maintenance task is carried out under the terms of Pilot-owner maintenance:
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2.
Annex II (Part-145) to Regulation (EC) No 2042/2003 is amended as follows:
(1) |
In point 145.A.50, paragraph (a) is replaced by the following:
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(2) |
In Appendix II ‘Organisation approval class and rating system’, paragraphs 4 and 5 are replaced by the following:
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