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Document 32019R1383
Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management (Text with EEA relevance.)
Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management (Text with EEA relevance.)
Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management (Text with EEA relevance.)
C/2019/5021
OJ L 228, 4.9.2019, p. 1–105
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force: This act has been changed. Current consolidated version: 04/09/2019
4.9.2019 |
EN |
Official Journal of the European Union |
L 228/1 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1383
of 8 July 2019
amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 17(1) and Article 62(14) and (15) thereof,
Whereas:
(1) |
Commission Regulation (EU) No 1321/2014 (2) contains rules related to maintenance and continuing airworthiness management of certain aircraft. In the interest of proportionality, it is necessary to adapt those rules by introducing simplified requirements corresponding to the lower risks associated with light aircraft in general aviation, which is not listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008 of the European Parliament and of the Council (3). To that end, a new set of requirements ensuring the airworthiness of such aircraft should be introduced. Those requirements should be less stringent than the current requirements in aircraft maintenance programmes, airworthiness reviews and deferment of defects. When such maintenance requirements would be applicable to other than complex motor-powered aircraft, the owner of such aircraft should not be prevented to contract maintenance tasks to maintenance organisation approved under Annex II (Part-145) to Regulation (EU) No 1321/2014. |
(2) |
A new set of rules allowing for more flexibility as regards the definition and the execution of the aircraft maintenance programme should be introduced for aircraft other than complex motor-powered aircraft and not listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008. As a consequence, a new organisation approval with less stringent requirements and combined privileges for maintenance, continuing airworthiness management and for airworthiness reviews and permits to fly should be introduced. |
(3) |
Pursuant to Commission Regulation (EU) No 965/2012 (4), holders of an air operator certificate (‘AOC’) are currently required to have a management system in place, including safety risk management of their activities. One of such activities is the continuing airworthiness management of their aircraft fleet, which is carried out by their own continuing airworthiness management organisation (‘CAMO’), approved in accordance with Subpart G of Annex I to Regulation (EU) No 1321/2014. However, Subpart G of Annex I does not currently contain any requirements for safety risk management within the CAMO. Therefore, a management system of CAMOs, including safety risk management for organisations that manage the continuing airworthiness of aircraft used by AOC holders, should be introduced. That management system should apply to all CAMOs that manage the continuing airworthiness. |
(4) |
Sufficient transition period should be provided for organisations involved in the continuing airworthiness of aircraft and components to ensure compliance with new rules and procedures introduced by this Regulation. |
(5) |
In order to ensure proportionate rules for aircraft other than complex motor-powered aircraft and not listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008, safety management principles should not apply to combined airworthiness organisations. |
(6) |
In addition, it is also appropriate to align the requirements for the competent authorities with the developments of safety management concepts by the International Civil Aviation Organisation, in particular as regards the introduction of the authority management system, as well as the implementation of the state safety programme and ensuring coordination between authorities. |
(7) |
A wrong airworthiness assessment of the aircraft due to incomplete continuing airworthiness records can pose a risk to flight safety. Therefore, the existing rules related to continuing airworthiness records should be amended. |
(8) |
Some editorial errors leading to interpretation difficulties of certain provisions in Annex III to Regulation (EU) No 1321/2014 should be corrected. |
(9) |
Regulation (EU) No 1321/2014 should therefore be amended. |
(10) |
The measures provided for in this Regulation are based on Opinions No 05/2016 (5), No 06/2016 (6) and No 13/2016 (7) issued by the Agency in accordance with Article 76(1) of Regulation (EU) 2018/1139 of the European Parliament and of the Council (8). |
(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127(3) of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 1321/2014 is amended as follows:
(1) |
Article 3 is replaced by the following: ‘Article 3 Continuing airworthiness requirements 1. The continuing airworthiness of aircraft referred to in point (a) of Article 1 and components for installation thereon shall be ensured in accordance with the requirements of Annex I (Part-M), except for aircraft listed in the first subparagraph of paragraph 2 to which the requirements of Annex Vb (Part-ML) shall apply. 2. The requirements of Annex Vb (Part-ML) shall apply to the following other than complex motor-powered aircraft:
Where aircraft referred to points (a), (b) and (c) of the first subparagraph is listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008, the requirements of Annex I (Part-M) shall apply. 3. In order to be listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008, aircraft referred to in points (a), (b) and (c) of the first subparagraph of paragraph 2 shall comply with all of the following requirements:
4. By way of derogation from paragraph 1 of this Article, the continuing airworthiness of aircraft referred to in point (a) of Article 1, for which a permit to fly has been issued, shall be ensured on the basis of the specific continuing airworthiness arrangements defined in the permit to fly issued in accordance with Annex I (Part-21) to Commission Regulation (EU) No 748/2012 (*1). 5. Aircraft maintenance programmes for aircraft referred to in point (a) of Article 1 that comply with the requirements specified in point M.A.302 of Annex I (Part-M) applicable before 20 August 2019 shall be deemed to comply with the requirements specified in point M.A.302 of Annex I (Part-M) or point ML.A.302 of Annex Vb (Part-ML), as applicable, in accordance with paragraphs 1 and 2. 6. Operators shall ensure the continuing airworthiness of aircraft referred to in point (b) of Article 1 and components for installation thereon in accordance with the requirements of Annex Va (Part-T). 7. The continuing airworthiness of aeroplanes with a maximum certificated take-off mass at or below 5 700 kg which are equipped with multiple turboprop engines shall be ensured in accordance with the requirements applicable to other than complex motor-powered aircraft as set out in points M.A.201, M.A.301, M.A.302, M.A.601 and M.A.803 of Annex I (Part-M), point 145.A.30 of Annex II (Part-145), points 66.A.5, 66.A.30, 66.A.70, Appendix V and VI of Annex III (Part-66), point CAMO.A.315 of Annex Vc (Part-CAMO), point CAO.A.010 and Appendix I of Annex Vd (Part-CAO) to the extent that they apply to other than complex motor-powered aircraft. (*1) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).’;" |
(2) |
Article 4 is replaced by the following: ‘Article 4 Approvals for organisations involved in the continuing airworthiness 1. Organisations involved in the continuing airworthiness of aircraft and components for installation thereon, including maintenance, shall be approved, upon their request, by the competent authority in accordance with the requirements of Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part-CAO), as applicable to the respective organisations. 2. By way of derogation from paragraph 1, until 20 August 2020 organisations may, upon their request, be issued approvals by the competent authority in accordance with the requirements of Subpart F and Subpart G of Annex I (Part-M). Those approvals shall be valid until 20 August 2021. 3. Maintenance approvals issued or recognised by a Member State in accordance with the certification specification JAR-145 referred to in Annex II to Council Regulation (EEC) No 3922/91 (*2) and valid before 29 November 2003 shall be deemed to have been issued in accordance with the requirements of Annex II (Part-145) to this Regulation. 4. Organisations that hold a valid approval issued in accordance with Subpart F or Subpart G of Annex I (Part-M) or with Annex II (Part-145) shall, upon their request, be issued by the competent authority a Form 3-CAO as set out in Appendix 1 to Annex Vd (Part-CAO). The privileges of such an organisation under the approval issued in accordance with Annex Vd (Part-CAO) shall be the same as privileges under the approval issued in accordance with Subpart F or Subpart G of Annex I (Part-M) or with Annex II (Part-145). However, those privileges shall not exceed the privileges of an organisation referred to in Section A of Annex Vd (Part-CAO). The organisation may correct any findings of non-compliance with Annex Vd (Part-CAO) until 20 August 2021. If after that date the findings are not corrected, the approval shall be revoked. Until the organisation complies with Annex Vd (Part-CAO) or until 20 August 2021, whichever of the two comes first, it shall be certified and overseen in accordance with Subpart F or Subpart G of Annex I (Part-M) or Annex II (Part-145), as applicable. 5. Valid approvals of continuing airworthiness management organisations issued in accordance with Subpart G of Annex I (Part-M) shall be deemed to have been issued in accordance with Annex Vc (Part-CAMO). The organisation may correct any findings of non-compliance with Annex Vc (Part-CAMO) until 20 August 2021. If the organisation corrects the findings by that date, the competent authority shall issue a new Form 14 approval certificate in accordance with Annex Vc (Part-CAMO). If after that date the findings are not corrected, the approval shall be revoked. Until the organisation complies with Annex Vc (Part-CAMO) or 20 August 2021, whichever of the two comes first, it shall be certified and oversight in accordance with Subpart G of Annex I (Part-M). 6. Certificates of release to service and authorised release certificates issued before 28 October 2008 by a maintenance organisation approved in accordance with the requirements laid down in the national law of the Member State where the organisation is established, to other than complex motor-powered aircraft not involved in commercial air transport, including any component for installation thereto, shall be deemed to have been issued in accordance with points M.A.801, M.A.802 of Annex I (Part-M) and point 145.A.50 of Annex II (Part-145). (*2) Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (OJ L 373, 31.12.1991, p. 4).’;" |
(3) |
in Article 5, paragraph 1 is replaced by the following: ‘1. Certifying staff shall be qualified in accordance with the requirements of Annex III (Part-66), 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 (Part-M), in points ML.A.801(c) and ML.A.803 of Annex Vb (Part-ML), in points CAO.A.035(d) and CAO.A.040(b) of Annex Vd (Part-CAO) and in points 145.A.30(j) of and Appendix IV to Annex II (Part-145).’; |
(4) |
the following Article 7a is inserted: ‘Article 7a Competent authorities 1. Where a Member State designates more than one entity as competent authority with the necessary powers and allocated responsibilities for the certification and oversight of persons and organisations subject to this Regulation, the following requirements shall be complied with:
2. Member States shall ensure that the personnel of their competent authorities do not perform certification and oversight activities when there are indications that this could result, directly or indirectly, in a conflict of interest, in particular when relating to family or financial interest. 3. Where necessary to carry out certification or oversight tasks under this Regulation, the competent authorities shall be empowered to:
4. The powers referred to in paragraph 3 shall be exercised in compliance with the legal provisions of the relevant Member State.’; |
(5) |
Article 9 is deleted; |
(6) |
Annex I is amended in accordance with Annex I to this Regulation; |
(7) |
Annex II is amended in accordance with Annex II to this Regulation; |
(8) |
Annex III is amended in accordance with Annex III to this Regulation; |
(9) |
Annex IV is amended in accordance with Annex IV to this Regulation: |
(10) |
Annex Va is amended in accordance with Annex V to this Regulation; |
(11) |
the text set out in Annex VI to this Regulation is inserted as Annex Vb; |
(12) |
the text set out in Annex VII to this Regulation is inserted as Annex Vc; |
(13) |
the text set out in Annex VIII to this Regulation is inserted as Annex Vd. |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 20 February 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 July 2019.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).
(3) Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).
(4) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).
(5) Opinion No 05/2016: Task force for the review of Part-M for General Aviation.
(6) Opinion No 06/2016: Embodiment of safety management system (SMS) requirements into Commission Regulation (EU) No 1321/2014 — SMS in Part-M.
(7) Opinion No 13/2016: Technical records
(8) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).
ANNEX I
Annex I to Regulation (EU) No 1321/2014 is amended as follows:
(1) |
the table of content is replaced as follows: ‘CONTENTS M.1 SECTION A — TECHNICAL REQUIREMENTS SUBPART A — GENERAL
SUBPART B — ACCOUNTABILITY
SUBPART C — CONTINUING AIRWORTHINESS
SUBPART D — MAINTENANCE STANDARDS
SUBPART E — COMPONENTS
SUBPART F — MAINTENANCE ORGANISATION
SUBPART G — CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION
SUBPART H — CERTIFICATE OF RELEASE TO SERVICE (CRS)
SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE
SECTION B — PROCEDURE FOR COMPETENT AUTHORITIES SUBPART A — GENERAL
SUBPART B — ACCOUNTABILITY
SUBPART C — CONTINUING AIRWORTHINESS
SUBPART D — MAINTENANCE STANDARDS SUBPART E — COMPONENTS SUBPART F — MAINTENANCE ORGANISATION
SUBPART G — CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION
SUBPART H — CERTIFICATE OF RELEASE TO SERVICE (CRS) SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE
Appendix I — Continuing airworthiness management contract Appendix II — Authorised Release Certificate — EASA Form 1 Appendix III — Airworthiness Review Certificate — EASA Form 15 Appendix IV — Class and Ratings System to be used for the Approval of Maintenance Organisations referred to in Annex I (Part-M), Subpart F and in Annex II (Part-145) Appendix V — Maintenance Organisation Approval referred to in Annex I (Part-M), Subpart F Appendix VII — Complex Maintenance Tasks Appendix VIII — Limited Pilot owner Maintenance’; |
(2) |
point M.1 is amended as follows:
|
(3) |
point M.A.101 is replaced by the following: ‘M.A.101 Scope This Section establishes the measures to be taken to ensure that the airworthiness of aircraft is maintained, including its maintenance. It also specifies the conditions to be met by the persons or organisations involved in such activities.’; |
(4) |
in point M.A.201, point (a) is replaced by the following:
|
(5) |
in point M.A.201, points (d) to (i) are replaced by the following:
|
(6) |
point M.A.202 is replaced by the following: ‘M.A.202 Occurrence reporting
|
(7) |
points M.A.301 and M.A.302 are replaced by the following: ‘M.A.301 Continuing airworthiness tasks The aircraft continuing airworthiness and the serviceability of operational and emergency equipment shall be ensured by:
M.A.302 Aircraft maintenance programme
|
(8) |
point M.A.304 is replaced by the following: ‘M.A.304 Data for modifications and repairs A person or organisation repairing an aircraft or a component, shall assess any damage. Modifications and repairs shall be carried out using, as appropriate, the following data:
|
(9) |
point M.A.305 is replaced by the following: ‘M.A.305 Aircraft continuing airworthiness record system
|
(10) |
in point M.A.306, point (a) the introductory phrase is replaced by the following:
|
(11) |
in point M.A.306, point (b) is replaced by the following:
|
(12) |
in point M.A.306, point (c) is deleted. |
(13) |
point M.A.307 is replaced by the following:
|
(14) |
in point M.A.403, point (d) is replaced by the following:
|
(15) |
in point M.A.501, point (1) of point (a) is replaced by the following:
|
(16) |
in point M.A.501, point (3) of point (a) is replaced by the following:
|
(17) |
point M.A.502 is replaced by the following: ‘M.A.502 Component maintenance
Points (a) to (c) above shall not apply to components referred to in point (c) of point 21.A.307 of Annex I (Part-21) to Regulation (EU) No 748/2012.
|
(18) |
point M.A.503 is replaced by the following: ‘M.A.503 Life-limited parts and time-controlled components
|
(19) |
in point M.A.504 point (b) is replaced by the following:
|
(20) |
in point M.A.603, points (a) and (b) are replaced by the following:
|
(21) |
in point M.A.604, point (1) of point (a) is replaced by the following:
|
(22) |
in point M.A.606, point (i) is replaced by the following:
|
(23) |
in point M.A.606, point (j) is deleted; |
(24) |
in point (a) of point M.A.607, point (1) is replaced by the following:
|
(25) |
point M.A.609 is replaced by the following: ‘M.A.609 Maintenance data The approved maintenance organisation shall hold and use applicable current maintenance data specified in point M.A.401 of this Annex or in point ML.A.401 of Annex Vb (Part-ML), as applicable, in the performance of maintenance, including modifications and repairs. However, in the case of customer-provided maintenance data, the organisation shall only hold and use such data when the maintenance work is in progress.’; |
(26) |
points M.A.611, M.A.612 and M.A.613 are replaced by the following: ‘M.A.611 Maintenance standards All maintenance shall be carried out in accordance with the requirements of Subpart D, Section A of this Annex or with the requirements of Subpart D, Section A of Annex Vb (Part-ML), as set out in Article 3 paragraph 1. M.A.612 Aircraft certificate of release to service Upon completion of all required aircraft maintenance in accordance with this Subpart, an aircraft CRS shall be issued in accordance with point M.A.801 of this Annex or point ML.A.801 of Annex Vb (Part-ML), as set out in Article 3 paragraph 1. M.A.613 Component certificate of release to service
|
(27) |
in point M.A.614 point (b) is replaced by the following:
|
(28) |
point M.A.615 is replaced by the following: ‘M.A.615 Privileges of the organisation The maintenance organisation approved in accordance with Subpart F, Section A of this Annex may:
The organisation shall only maintain an aircraft or component for which it is approved when all the necessary facilities, equipment, tooling, material, maintenance data and certifying staff are available.’; |
(29) |
in point M.A.619, points (a) and (b) are replaced by the following:
|
(30) |
point M.A.801 is replaced by the following: ‘M.A.801 Aircraft certificate of release to service
|
(31) |
point M.A.802 is replaced by the following: ‘M.A.802 Component certificate to release to service
|
(32) |
in point M.A.803, point (b) is replaced by the following:
|
(33) |
in point M.A.803, point (d) is replaced by the following:
|
(34) |
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.
|
(35) |
in point M.A.902, point (5) of point (b) is replaced by the following:
|
(36) |
point M.A.904 is replaced by the following: ‘M.A.904 Airworthiness review of aircraft imported into the EU
|
(37) |
in point M.A.905, points (a) and (b) are replaced by the following:
|
(38) |
the following point M.B.103 is inserted: ‘M.B.103 Findings and enforcement measures — persons If, during oversight or by any other means, evidence is found by the competent authority responsible for oversight in accordance with this Annex that shows a non-compliance with the applicable requirements of Regulation (EU) 2018/1139 by a person holding a licence, certificate, rating or attestation issued in accordance with Regulation (EU) 2018/1139, the competent authority that identified the non-compliance shall take any enforcement measures necessary to prevent the continuation of that non-compliance.’; |
(39) |
point M.B.104 is replaced by the following: ‘M.B.104 Record-keeping
|
(40) |
point M.B.201 is replaced by the following: ‘M.B.201 Responsibilities The competent authorities as specified in point M.1 are responsible for conducting audits, inspections and investigations in order to verify that the requirements of this Annex are complied with.’; |
(41) |
the following point M.B.202 is inserted: ‘M.B.202 Information to the Agency
|
(42) |
point M.B.301 is replaced by the following: ‘M.B.301 Aircraft maintenance programme
|
(43) |
the following point M.B.305 is inserted: ‘M.B.305 Aircraft technical log system
|
(44) |
in point M.B.602, points (b) and (c) are replaced by the following:
|
(45) |
in point M.B.603, point (a) is replaced by the following:
|
(46) |
in point M.B.604, point (a) is replaced by the following:
|
(47) |
n point M.B.605, the introductory phrase of point (a) is replaced by the following:
|
(48) |
in point M.B.606, point (c) is replaced by the following:
|
(49) |
in point M.B.901, point 1 is replaced by the following:
|
(50) |
in point M.B.902, points (a) and (b) are replaced by the following:
|
(51) |
the following point M.B.904 is added: ‘M.B.904 Exchange of information Upon receipt of a notification of aircraft transfer between the Member States according to point M.A.903, the competent authority of the Member State where the aircraft is currently registered shall inform the competent authority of the Member State where the aircraft will be registered of any known problems with the aircraft being transferred. The competent authority of the Member State where the aircraft will be registered shall ensure that the competent authority of the Member State where the aircraft is currently registered has been properly notified about the transfer.’ |
(52) |
Appendix I is replaced by the following: ‘Appendix I Continuing airworthiness management contract 1. When an owner or operator contracts in accordance with point M.A.201 a CAMO or CAO to carry out continuing airworthiness management tasks, upon request by the competent authority, a copy of the contract signed by both parties shall be sent by the owner or operator to the competent authority of the Member State of registry. 2. The contract shall be developed taking into account the requirements of this Annex and shall define the obligations of the signatories in relation to the continuing airworthiness of the aircraft. 3. It shall contain as a minimum the following information:
4. It shall state the following: “The owner or operator entrusts the CAMO or CAO with the management of the continuing airworthiness of the aircraft, the development of an AMP that shall be approved by the competent authority as detailed in point M.1, and the organisation of the maintenance of the aircraft according to said AMP. According to the present contract, both signatories undertake to follow the respective obligations of this contract. The owner or operator declares to the best of its knowledge that all the information given to the CAMO or CAO concerning the continuing airworthiness of the aircraft is and will be accurate, and that the aircraft will not be altered without prior approval of the CAMO or CAO. In case of any non-conformity with this contract, by either of the signatories, the contract will become null. In such a case, the owner or operator will retain full responsibility for every task linked to the continuing airworthiness of the aircraft, and the owner will inform the competent authorities of the Member State of registry within 2 weeks about such non-conformity with the contract.” 5. When an owner/operator contracts a CAMO or CAO in accordance with point M.A.201, the obligations of each party shall be assigned as follows: 5.1. Obligations of the CAMO or CAO:
5.2. Obligations of the owner or operator:
6. When an owner or operator contracts a CAMO or CAO in accordance with point M.A.201, the obligations of each party in respect of mandatory and voluntary occurrence reporting in accordance with Regulation (EU) No 376/2014 of the European Parliament and of the Council (1) shall be clearly specified. |
(53) |
Appendix II is amended as follows:
|
(54) |
Appendix III, is replaced by the following: |
(55) |
Appendix IV is amended as follows:
|
(56) |
Appendix V is replaced by the following: |
(57) |
Appendix VI is deleted; |
(58) |
in Appendix VII, the introductory phrase is replaced by the following: ‘The following constitutes the complex maintenance tasks referred to in points (b)(2) and (c) of point M.A.801:’; |
(59) |
in Appendix VIII, point (b)(9) is deleted. |
(1) Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18).
ANNEX II
Annex II to Regulation (EU) No 1321/2014 is amended as follows:
(1) |
point 145.A.30 is amended as follows:
|
(2) |
In point 145.A.42, point (3) of point (a) is replaced by the following:
|
(3) |
In point 145.A.42, point (2) of point (c) is replaced by the following:
|
(4) |
in point 145.A.50, point (d) is replaced by the following:
|
(5) |
in point 145.A.55, points (b) and (c) are replaced by the following:
|
(6) |
in point 145.A.70, point 6 of point (a) is replaced by the following:
|
(7) |
point 145.A.75 is amended as follows:
|
(8) |
in point 145.A.95, points (a) and (b) are replaced by the following:
|
(9) |
point 145.B.60 is replaced by the following: ‘145.B.60 Exemptions Where a Member State grants an exemption from the requirements of this Annex in accordance with Article 71 of Regulation (EU) 2018/1139, the competent authority shall record the exemption. It shall retain those records for the period provided for in point (3) of point 145.B.55’; |
(10) |
Appendix III is replaced by the following: |
ANNEX III
Annex III to Regulation (EU) No 1321/2014 is amended as follows:
(1) |
in point 66.A.45, point (d) is replaced by the following:
|
(2) |
in point 66.B.25 point (a) is replaced by the following:
|
(3) |
point 66.B.30 is replaced by the following: ‘66.B.30 Exemptions All exemptions granted in accordance with Article 71(1) of Regulation (EU) 2018/1139 shall be recorded and retained by the competent authority’; |
(4) |
in Appendix I, the table in Module 10 is replaced by the following:
|
ANNEX IV
Annex IV to Regulation (EU) No 1321/2014 is amended as follows:
(1) |
in point 147.B.25, point (b) is replaced by the following:
|
(2) |
Appendix II is replaced by the following: |
(3) |
Appendix III is replaced by: ‘1. Basic Training and Examination The basic training certificate template shall be used for recognition of completion of either the basic training or the basic examination, or both the basic training and basic training examinations. The training certificate shall clearly identify each individual module examination by date passed together with the corresponding version of Appendix I to Annex III (Part-66). Text of image2. Type Training and Examination The type training certificate template shall be used for recognition of completion of either the theoretical elements or the practical elements, or both the theoretical and practical elements of the type rating training course. The certificate shall indicate the airframe/engine combination for which the training was imparted. The appropriate references shall be deleted as applicable and the course type box shall detail whether only the theoretical elements or the practical elements were covered or whether theoretical and practical elements were covered. The training certificate shall clearly identify if the course is a complete course or a partial course (such as an airframe or powerplant or avionic/electrical course) or a difference course based upon the applicant previous experience, for instance A340 (CFM) course for A320 technicians. If the course is not a complete one, the certificate shall identify whether the interface areas have been covered or not. Text of image ’ |
ANNEX V
Annex Va to Regulation (EU) No 1321/2014 is amended as follows:
(1) |
The contents part is replaced by the following: ‘CONTENTS T.1 Competent authority Section A —Technical requirements Subpart A —GENERAL
Subpart B —REQUIREMENTS
Subpart E —MAINTENANCE ORGANISATION
Subpart G —ADDITIONAL REQUIREMENTS FOR CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATIONS APPROVED PURSUANT TO ANNEX Vc (Part-CAMO)
Section B — Additional procedure for competent authorities Subpart A — General
Subpart B — Accountability
Subpart G —ADDITIONAL REQUIREMENTS FOR CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATIONS APPROVED PURSUANT TO ANNEX Vc (Part-CAMO)
|
(2) |
Section A is amended as follows:
|
(3) |
Section B is amended as follows:
|
ANNEX VI
‘ANNEX Vb
(Part-ML)
CONTENTS
ML.1
SECTION A — TECHNICAL REQUIREMENTS
SUBPART A — GENERAL
ML.A.101 |
Scope |
SUBPART B — ACCOUNTABILITY
ML.A.201 |
Responsibilities |
ML.A.202 |
Occurrence reporting |
SUBPART C — CONTINUING AIRWORTHINESS
ML.A.301 |
Continuing-airworthiness tasks |
ML.A.302 |
Aircraft maintenance programme |
ML.A.303 |
Airworthiness directives |
ML.A.304 |
Data for modifications and repairs |
ML.A.305 |
Aircraft continuing-airworthiness record system |
ML.A.307 |
Transfer of aircraft continuing-airworthiness records |
SUBPART D — MAINTENANCE STANDARDS
ML.A.401 |
Maintenance data |
ML.A.402 |
Performance of maintenance |
ML.A.403 |
Aircraft defects |
SUBPART E — COMPONENTS
ML.A.501 |
Classification and installation |
ML.A.502 |
Component maintenance |
ML.A.503 |
Service-life-limited components |
ML.A.504 |
Control of unserviceable components |
SUBPART H — CERTIFICATE OF RELEASE TO SERVICE (CRS)
ML.A.801 |
Aircraft certificate of release to service |
ML.A.802 |
Component certificate of release to service |
ML.A.803 |
Pilot-owner authorisation |
SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE (ARC)
ML.A.901 |
Aircraft airworthiness review |
ML.A.902 |
Validity of the airworthiness review certificate |
ML.A.903 |
Airworthiness review process |
ML.A.904 |
Qualification of airworthiness review staff |
ML.A.905 |
Transfer of aircraft registration within the Union |
ML.A.906 |
Airworthiness review of aircraft imported into the Union |
ML.A.907 |
Findings |
SECTION B — PROCEDURE FOR COMPETENT AUTHORITIES
SUBPART A — GENERAL
ML.B.101 |
Scope |
ML.B.102 |
Competent authority |
ML.B.104 |
Record-keeping |
ML.B.105 |
Mutual exchange of information |
SUBPART B — ACCOUNTABILITY
ML.B.201 |
Responsibilities |
SUBPART C — CONTINUING AIRWORTHINESS
ML.B.302 |
Exemptions |
ML.B.303 |
Aircraft continuing-airworthiness monitoring |
ML.B.304 |
Revocation, suspension and limitation |
SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE (ARC)
ML.B.902 |
Airworthiness review by the competent authority |
ML.B.903 |
Findings |
Appendix I — Continuing-airworthiness management contract
Appendix II — Limited Pilot-owner maintenance
Appendix III — Complex maintenance tasks not to be released by the Pilot-owner
Appendix IV — Airworthiness review certificate (EASA Form 15c)
ML.1
(a) |
In accordance with paragraph 2 of Article 3, this Annex (Part-ML) applies to the following other than complex motor-powered aircraft not listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008:
|
(b) |
For the purpose of this Annex, the competent authority shall be the authority designated by the Member State of registry of the aircraft. |
(c) |
For the purpose of this Annex, the following definitions shall apply:
|
SECTION A
TECHNICAL REQUIREMENTS
SUBPART A
GENERAL
ML.A.101 Scope
This Section establishes the measures to be taken in order to ensure that the aircraft is airworthy. It also specifies the conditions to be met by the persons or organisations involved in the activities related to the airworthiness of the aircraft.
SUBPART B
ACCOUNTABILITY
ML.A.201 Responsibilities
(a) |
The owner of the aircraft shall be responsible for the continuing airworthiness of the aircraft and shall ensure that no flight takes place unless all of the following requirements are met:
|
(b) |
By derogation from point (a), where the aircraft is leased, the responsibilities set out in point (a) shall apply to the lessee, if the lessee is identified either in the registration document of the aircraft or in the leasing contract. |
(c) |
Any person or organisation performing maintenance of aircraft and components shall be responsible for the maintenance tasks being performed. |
(d) |
The pilot-in-command of the aircraft shall be responsible for the satisfactory accomplishment of the preflight inspection. That inspection shall be carried out by the pilot or another qualified person but need not be carried out by an approved maintenance organisation or by certifying staff. |
(e) |
For aircraft operated by commercial Approved Training Organisations (‘ATO’) and commercial Declared Training Organisations (‘DTO’) referred to in Article 10a of Regulation (EU) No 1178/2011 or not operated in accordance with Annex VII to Regulation (EU) No 965/2012 (Part-NCO) or operated in accordance with Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or Subpart-DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976 (*1), the operator shall:
|
(f) |
For aircraft not included in point (e), in order to satisfy the requirements of point (a), the owner of the aircraft may contract the tasks associated with continuing airworthiness management to an organisation approved as a CAMO or CAO in accordance with Annex Vc (Part-CAMO) or Annex Vd (Part-CAO). In that case, the contracted organisation shall assume responsibility for the proper performance of those tasks and a written contract shall be concluded in accordance with Appendix I to this Annex. If the owner does not contract such an organisation, the owner is responsible for the proper performance of the tasks associated with the continuing airworthiness management |
(g) |
The owner shall grant the competent authority access to the aircraft and the aircraft records, in order for the competent authority to determine whether the aircraft complies with the requirements of this Annex. |
ML.A.202 Occurrence reporting
(a) |
Without prejudice to the reporting requirements set out in Annex II (Part-145) and Annex Vc (Part-CAMO), any person or organisation responsible in accordance with point ML.A.201 shall report any identified condition of an aircraft or component which endangers flight safety to:
|
(b) |
The reports referred to in point (a) shall be made in a manner determined by the competent authority referred to in point (a) and shall contain all pertinent information about the condition known to the person or organisation making the report. |
(c) |
Where the maintenance or the airworthiness review of the aircraft is carried out on the basis of a written contract, the person or the organisation responsible for those activities shall also report any condition referred to in point (a) to the owner of the aircraft and, when different, to the CAMO or CAO concerned. |
(d) |
The person or organisation shall submit the reports referred to in points (a) and (c) as soon as possible, but no later than 72 hours from the moment when the person or organisation identified the condition to which the report relates, unless exceptional circumstances prevent this. |
SUBPART C
CONTINUING AIRWORTHINESS
ML.A.301 Continuing airworthiness tasks
The aircraft continuing airworthiness and the serviceability of operational and emergency equipment shall be ensured by:
(a) |
the accomplishment of pre-flight inspections; |
(b) |
the rectification of any defect and damage affecting safe operation in accordance with data specified in points ML.A.304 and ML.A.401, as applicable, while taking into account the minimum equipment list (‘MEL’) and configuration deviation list, when they exist; |
(c) |
the accomplishment of all maintenance in accordance with the AMP referred to in point ML.A.302; |
(d) |
the accomplishment of any applicable:
|
(e) |
the accomplishment of modifications and repairs in accordance with point ML.A.304; |
(f) |
maintenance check flights, when necessary. |
ML.A.302 Aircraft maintenance programme
(a) |
The maintenance of each aircraft shall be organised in accordance with an AMP. |
(b) |
The AMP and any subsequent amendments thereto shall be, alternatively:
The owner declaring the AMP in accordance with point (b)(1) or the organisation approving the AMP in accordance with point (b)(2) shall keep the AMP updated. |
(c) |
The AMP:
|
(d) |
A MIP:
|
(e) |
By derogation from points (b) and (c), a declaration by the owner or an approval by a CAMO or CAO is not required, and an AMP document is not required to be produced when the following conditions are met:
This derogation is not applicable if the pilot-owner or, in case of jointly-owned aircraft, any of the pilot-owners is not authorised to perform Pilot-owner maintenance because this has to be specified in the declared or approved AMP. |
(f) |
If the conditions provided for in points (e)(1) to (e)(4) are met, the AMP applicable to the aircraft shall consist of the following:
|
ML.A.303 Airworthiness directives
Any applicable AD must be carried out within the requirements of that AD unless otherwise specified by the Agency.
ML.A.304 Data for modifications and repairs
A person or organisation repairing an aircraft or a component shall assess any damage. Modifications and repairs shall be carried out using, as appropriate, the following data:
(a) |
approved by the Agency; |
(b) |
approved by a design organisation complying with Annex I (Part-21) to Regulation (EU) No 748/2012; |
(c) |
contained in the requirements referred to in point 21.A.90B or point 21.A.431B of Annex I (Part-21) to Regulation (EU) No 748/2012. |
ML.A.305 Aircraft continuing airworthiness record system
(a) |
At the completion of any maintenance, the certificate of release to service (CRS) required by point ML.A.801 shall be entered in the aircraft continuing airworthiness record system. Each entry shall be made as soon as possible but not later than 30 days after the day of the completion of the maintenance task. |
(b) |
The aircraft continuing airworthiness records shall consist of an aircraft logbook, engine logbook(s) or engine module log cards, propeller logbook(s) and log cards, for any service-life-limited component, as appropriate. |
(c) |
The aircraft type and registration mark, the date together with the total flight time and flight cycles and landings, shall be entered in the aircraft logbooks. |
(d) |
The aircraft continuing airworthiness records shall contain:
|
(e) |
In addition to the authorised release document, EASA Form 1, as set out in Appendix II of Annex I (Part-M), or equivalent, the following information relevant to any component installed, such as engine, propeller, engine module or service-life-limited component, shall be entered in the appropriate engine or propeller logbook, engine module or service-life-limited component log card:
|
(f) |
The person or organisation responsible for the management of continuing airworthiness and tasks pursuant to point ML.A.201, shall control the records as detailed in point ML.A.305 and present the records to the competent authority upon request. |
(g) |
All entries made in the aircraft continuing airworthiness records shall be clear and accurate. When it is necessary to correct an entry, the correction shall be made in a manner that clearly shows the original entry. |
(h) |
An owner shall ensure that a system has been established to keep the following records for the periods specified:
|
ML.A.307 Transfer of aircraft continuing-airworthiness records
(a) |
When an aircraft is permanently transferred from one owner to another, the transferring owner shall ensure that the continuing airworthiness records referred to in point ML.A.305 are also transferred. |
(b) |
When the owner contracts the continuing airworthiness management tasks to a CAMO or CAO the owner shall ensure that the continuing airworthiness records referred to in point ML.A.305 are transferred to the contracted organisation. |
(c) |
The time periods for the retention of records set out in point (h) of point ML.A.305 shall continue to apply to the new owner, CAMO or CAO. |
SUBPART D
MAINTENANCE STANDARDS
ML.A.401 Maintenance data
(a) |
The person or organisation maintaining an aircraft shall only use applicable maintenance data during the performance of maintenance. |
(b) |
For the purposes of this Annex, ‘applicable maintenance’ data means:
|
ML.A.402 Performance of maintenance
(a) |
Maintenance performed by approved maintenance organisations shall be in accordance with Subpart F of Annex I (Part-M), Annex II (Part-145) or Annex Vd (Part-CAO), as applicable. |
(b) |
For maintenance not performed in accordance with point (a), the person performing maintenance shall:
|
ML.A.403 Aircraft defects
(a) |
Any aircraft defect that seriously endangers the flight safety shall be rectified before further flight. |
(b) |
The following persons may decide that a defect does not seriously endanger flight safety, and may defer it accordingly:
|
(c) |
Any aircraft defect that does not seriously hazard flight safety shall be rectified as soon as practicable from the date on which the defect was first identified and within the limits specified in the maintenance data. |
(d) |
Any defect not rectified before flight shall be recorded in the aircraft continuing airworthiness record system referred to in point ML.A.305 and a record shall be available to the pilot. |
SUBPART E
COMPONENTS
ML.A.501 Classification and installation
(a) |
Unless otherwise specified in Subpart F of Annex I (Part-M), Annex II (Part-145), Annex Vd (Part-CAO) to this Regulation and Annex I (Part-21) to Regulation (EU) No 748/2012, component may be fitted only if all of the following conditions are met:
|
(b) |
Prior to the installation of a component on an aircraft, the person or approved maintenance organisation shall ensure that the particular component is eligible to be fitted if different modifications or AD configurations are applicable. |
(c) |
Standard parts shall only be fitted to an aircraft or component when the maintenance data specifies those particular standard parts. Standard parts shall only be fitted when accompanied by evidence of conformity to the applicable standard and has appropriate traceability. |
(d) |
Raw or consumable material shall only be used on an aircraft or component provided that:
|
(e) |
In case of balloons, where different combinations of baskets, burners and fuel cylinders are possible for a particular envelope, the person installing them shall ensure that:
|
ML.A.502 Component maintenance
(a) |
Components accepted by the owner in accordance with point (c) of point 21.A.307 of Annex I (Part-21) to Regulation (EU) No 748/2012 shall be maintained by any person or organisation, subject to reacceptance by the owner under the conditions of point 21.A.307(c) of that Annex. This maintenance is not eligible for the issuance of an EASA Form 1, as set out in Appendix II of Annex I (Part-M), and shall be subject to the aircraft release requirements. |
(b) |
Components shall be released in accordance with the following table:
|
ML.A.503 Service-life-limited components
(a) |
The term ‘service life-limited components’ contains the following components:
|
(b) |
Installed service-life-limited components shall not exceed the approved service life limit as specified in the AMP and ADs, except as provided for in point ML.A.504(c). |
(c) |
The approved service life is expressed in calendar time, flight hours, landings or cycles, as appropriate. |
(d) |
At the end of the approved service life limit, the component must be removed from the aircraft for maintenance, or for disposal in the case of components with a certified life limit. |
ML.A.504 Control of unserviceable components
(a) |
A component shall be considered unserviceable in any of the following circumstances:
|
(b) |
Unserviceable components shall be identified as one of the following:
|
(c) |
Components which have reached their certified life limit or contain a non-repairable defect or malfunction shall be classified as unsalvageable and shall not be permitted to re-enter the component supply system unless certified life limits have been extended or a repair solution has been approved in accordance with point ML.A.304. |
(d) |
Any person or organisation responsible pursuant to point ML.A.201 shall in the case of an unsalvageable component, as provided for in point (c), take one of the following actions:
|
(e) |
Notwithstanding point (d), a person or organisation responsible pursuant to point ML.A.201 may transfer responsibility of components classified as unsalvageable without mutilation to an organisation for training or research. |
SUBPART H
CERTIFICATE OF RELEASE TO SERVICE (CRS)
ML.A.801 Aircraft certificate of release to service
(a) |
A CRS shall be issued after the required maintenance has been carried out properly on an aircraft. |
(b) |
The CRS shall be issued, alternatively by:
|
(c) |
By derogation from point (b), in the case of unforeseen circumstances, when an aircraft is grounded at a location where no appropriately approved maintenance organisation and no appropriate certifying staff are available, the owner may authorise any person, with no less than 3 years of appropriate maintenance experience and holding the proper qualifications, to maintain the aircraft according to the standards set out in Subpart D of this Annex and release the aircraft. The owner shall in that case:
|
(d) |
In the case of a release to service in accordance with points (b)(1) or (b)(2), the certifying staff may be assisted in performing the maintenance tasks by one or more persons subject to his direct and continuous control; |
(e) |
A CRS shall contain at least:
|
(f) |
By derogation from point (a) and notwithstanding point (g), when the required maintenance cannot be completed, a CRS may be issued within the approved aircraft limitations. In that case, the CRS shall indicate that the maintenance could not be completed, as well as indicate any applicable airworthiness or operations limitations, as part of the information required in point (e)(4). |
(g) |
A CRS shall not be issued in the case of any known non-compliance with the requirements of this Annex which endangers flight safety. |
ML.A.802 Component certificate of release to service
(a) |
A component CRS shall be issued after the required maintenance has been carried out properly on an aircraft component in accordance with point ML.A.502. |
(b) |
The authorised release certificate identified as EASA Form 1, as set out Appendix II of Annex I (Part-M), constitutes the component CRS, except when such maintenance is released at aircraft level, as indicated in point ML.A.502(b). |
ML.A.803 Pilot-owner authorisation
(a) |
To qualify as a pilot-owner, the person must:
|
(b) |
For aircraft operated under Annex VII (Part-NCO) to Regulation (EU) No 965/2012 or, in the case of balloons, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or, in the case of sailplanes, not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976, the pilot-owner may issue a CRS after limited Pilot-owner maintenance as provided for in Appendix II to this Annex. |
(c) |
The CRS shall be entered in the logbooks and contain basic details of the maintenance carried out, the maintenance data used, the date on which that maintenance was completed, as well as the identity, the signature and the pilot licence (or equivalent) number of the pilot-owner issuing such a certificate. |
SUBPART I
AIRWORTHINESS REVIEW CERTIFICATE (‘ARC’)
ML.A.901 Aircraft airworthiness review
To ensure the validity of the aircraft airworthiness certificate (‘ARC’), an airworthiness review of the aircraft and its continuing airworthiness records shall be carried out periodically.
(a) |
An ARC is issued in accordance with Appendix IV (EASA Form 15c) to this Annex upon completion of a satisfactory airworthiness review. The ARC shall be valid for 1 year; |
(b) |
The airworthiness review and the issuance of the ARC shall be performed in accordance with point ML.A.903, alternatively by:
Whenever circumstances reveal the existence of a potential safety threat, the competent authority shall carry out the airworthiness review and issue the ARC itself. |
(c) |
The validity of an ARC may be extended maximum two consecutive times, for a period of one year each time, by an appropriately approved CAMO or CAO, subject to the following conditions:
This extension by the CAMO or CAO is possible regardless of which staff or organisation, as provided for in point (b), initially issued the ARC. |
(d) |
By derogation from point (c), the extension of the ARC may be anticipated for a maximum period of 30 days, without loss of continuity of the airworthiness review pattern, to ensure the availability of the aircraft in order to place the original ARC on board. |
(e) |
When the competent authority carries out the airworthiness review and issues the ARC itself, the owner shall provide the competent authority with:
|
ML.A.902 Validity of the airworthiness review certificate
(a) |
An ARC becomes invalid if, alternatively:
|
(b) |
An aircraft shall not fly if the ARC is invalid or if any of the following circumstances are present:
|
(c) |
Upon surrender or revocation, the ARC shall be returned to the competent authority. |
ML.A.903 Airworthiness review process
(a) |
To satisfy the requirement for the airworthiness review of an aircraft referred to in point ML.A.901, the airworthiness review staff shall perform a documented review of the aircraft records to verify that:
|
(b) |
The airworthiness review staff referred to in point (a) shall carry out a physical survey of the aircraft. For this survey, airworthiness review staff not appropriately qualified under Annex III (Part-66) shall be assisted by such qualified personnel. |
(c) |
Through the physical survey of the aircraft, the airworthiness review staff shall ensure that:
|
(d) |
By derogation from point ML.A.901(a), the airworthiness review may be anticipated for a maximum period of 90 days, without loss of continuity of the airworthiness review pattern, so as to allow the physical review to take place during a maintenance check. |
(e) |
The ARC (EASA Form 15c) set out to in Appendix IV shall only be issued:
|
(f) |
A copy of any ARC issued or extended for an aircraft shall be sent to the Member State of registry of that aircraft within 10 days. |
(g) |
Airworthiness review tasks shall not be subcontracted. |
(h) |
The effectiveness of the AMP may be reviewed in conjunction with the airworthiness review in accordance with point (c)(9) of point ML.A.302. This review shall be completed by the person who performed the airworthiness review. If the review shows deficiencies of the aircraft linked with deficiencies in the content of the AMP, the AMP shall be amended accordingly. The person performing the review shall inform the competent authority of the Member State of registry if he does not agree with the measures amending the AMP taken by the owner, CAMO or CAO. In such case the competent authority shall decide which amendments to the AMP are necessary, raising the corresponding findings defined in point ML.B.903 and, if necessary, reacting in accordance with point ML.B.304. |
ML.A.904 Qualification of airworthiness review staff
(a) |
Airworthiness review staff acting on behalf of the competent authority shall be qualified in accordance with point ML.B.902. |
(b) |
Airworthiness review staff acting on behalf of an organisation referred to in Subpart F of Annex I (Part-M), Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part-CAO) shall be qualified in accordance with Subpart F of Annex I (Part-M), Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part-CAO), respectively. |
(c) |
Airworthiness review staff acting on their own behalf, as permitted pursuant to point ML.A.901(b)(4), shall:
|
(d) |
The authorisation required under point (c)(2) shall be issued by the competent authority when:
This authorisation shall remain valid for a duration of 5 years as long as the holder has performed at least 1 airworthiness review every 12-months. If this is not the case, a new airworthiness review shall be satisfactorily performed under the supervision of the competent authority. Upon expiration of its validity, the authorisation shall be renewed for another 5 years subject to a new compliance with points (d)(1) and (d)(2). There is no limit to the number of renewals. The holder of the authorisation shall keep records of all the airworthiness reviews performed and shall make them available, upon request, to any competent authority and to any aircraft owner for whom they are performing an airworthiness review. This authorisation may be revoked by the competent authority at any time if it is not satisfied with the competence of the holder or with the use of such an authorisation. |
ML.A.905 Transfer of aircraft registration within the Union
(a) |
When transferring an aircraft registration within the Union, the applicant shall:
|
(b) |
Notwithstanding point (a)(3) of point ML.A.902, the former ARC shall remain valid until its expiry date, except when the ARC was issued by independent certifying staff holding a national certifying-staff qualification in accordance with point (b)(4) of point ML.A.901, in which case point ML.A.906 shall apply. |
(c) |
Notwithstanding points (a) and (b), in those cases where the aircraft was in a non-airworthy condition in the former Member State or where the airworthiness status of the aircraft cannot be determined using the existing records, point ML.A.906 shall apply. |
ML.A.906 Airworthiness review of aircraft imported into the Union
(a) |
When importing an aircraft from a third country onto a Member State register, the applicant shall:
|
(b) |
If the aircraft complies with the relevant requirements, the competent authority, the CAMO or CAO, the maintenance organisation or the independent certifying staff performing the airworthiness review, as provided for in point (b) of point ML.A.901, shall issue an ARC and shall submit a copy to the competent authority of the Member State of registry. |
(c) |
The owner shall allow access to the aircraft for inspection by the competent authority of the Member State of registry. |
(d) |
A new airworthiness certificate shall be issued by the competent authority of the Member State of registry if the aircraft complies with Annex I (Part-21) to Regulation (EU) No 748/2012. |
ML.A.907 Findings
(a) |
Findings are categorised as follows:
|
(b) |
After receipt of notification of findings in accordance with point ML.B.903, the person or organisation, having responsibilities pursuant to point ML.A.201, shall define and demonstrate to the competent authority within a period agreed with this authority a corrective action plan, aimed at preventing reoccurrence of the finding and its root cause. |
SECTION B
PROCEDURE FOR COMPETENT AUTHORITIES
SUBPART A
GENERAL
ML.B.101 Scope
This Section establishes the administrative requirements to be followed by the competent authorities in charge of the implementation and enforcement of Section A of this Annex.
ML.B.102 Competent authority
(a) General
A Member State shall designate a competent authority with allocated responsibilities for the issuance, continuation, change, suspension or revocation of certificates and for the oversight of continuing airworthiness. This competent authority shall establish documented procedures and an organisational structure.
(b) Resources
The number of staff shall be appropriate to satisfy the requirements detailed in this Section.
(c) Qualification and training
All staff involved in activities covered by this Annex shall be appropriately qualified and have appropriate knowledge, experience, initial and continuation training to perform their allocated tasks.
(d) Procedures
The competent authority shall establish procedures detailing how compliance with this Annex is achieved.
The procedures shall be reviewed and amended to ensure continued compliance.
ML.B.104 Record-keeping
(a) |
The competent authority shall establish a system of record-keeping that allows adequate traceability of the process for issuing, continuing, changing, suspending or revoking each certificate and authorisation. |
(b) |
The records for the oversight of each aircraft shall include, as a minimum, a copy of:
|
(c) |
The records specified in point (b) shall be retained until 2 years after the aircraft has been permanently withdrawn from service. |
(d) |
All records specified in point ML.B.104 shall be made available to any other Member State or the Agency upon their request. |
ML.B.105 Mutual exchange of information
(a) |
In order to contribute to the improvement of aviation safety, the competent authorities shall participate in a mutual exchange of all the necessary information in accordance with Article 72 of Regulation (EC) 2018/1139. |
(b) |
Without prejudice to the competences of the Member States, in the case of a potential safety threat involving several Member States, the competent authorities concerned shall assist each other in carrying out the necessary oversight action. |
SUBPART B
ACCOUNTABILITY
ML.B.201 Responsibilities
The competent authority referred to in point (b) of point ML.1 shall be responsible for conducting inspections and investigations in order to verify that the requirements of this Annex are complied with.
SUBPART C
CONTINUING AIRWORTHINESS
ML.B.302 Exemptions
All exemptions granted in accordance with Article 71 of Regulation (EC) 2018/1139 shall be recorded and retained by the competent authority.
ML.B.303 Aircraft continuing airworthiness monitoring
(a) |
The competent authority shall develop a survey programme following a risk-based approach to monitor the airworthiness status of the fleet of aircraft on its register. |
(b) |
A survey programme shall include sample product surveys of aircraft and shall cover all aspects of airworthiness key risk elements. |
(c) |
A sample product survey shall sample the airworthiness standards achieved, on the basis of the applicable requirements, and identify any findings. |
(d) |
Any findings identified shall be categorised in accordance with point ML.B.903 and confirmed in writing to the person or organisation responsible pursuant to point ML.A.201. The competent authority shall have a procedure in place to analyse findings as for their safety significance. |
(e) |
The competent authority shall record all findings and closure actions. |
(f) |
If during aircraft monitoring, evidence is found showing non-compliance with this or other Annexes, the finding shall be dealt with as provided for by the relevant Annex. |
(g) |
If so required to ensure appropriate enforcement action, the competent authority shall exchange information on non-compliances identified in accordance with point (f) with other competent authorities. |
ML.B.304 Revocation, suspension and limitation
The competent authority shall:
(a) |
suspend an ARC on reasonable grounds in the case of a potential safety threat; or |
(b) |
suspend or revoke an ARC pursuant to point (a) of point ML.B.903. |
The competent authority who issued the airworthiness review authorisation pursuant to point (c) of point ML.A.904 for independent certifying staff shall revoke such authorisation if the holder shows poor performance of the airworthiness review or uses such authorisation in inappropriate manner.
SUBPART I
AIRWORTHINESS REVIEW CERTIFICATE (‘ARC’)
ML.B.902 Airworthiness review by the competent authority
(a) |
When the competent authority carries out the airworthiness review and issues the ARC set out in Appendix IV to this Annex (EASA Form 15c), the competent authority shall carry out an airworthiness review in accordance with point ML.A.903. |
(b) |
The competent authority shall have appropriate airworthiness review staff to carry out the airworthiness reviews. These staff shall have acquired all of the following:
Notwithstanding points (1) to (4), the requirement of point ML.B.902(b)(2) may be replaced by 4 years of experience in continuing airworthiness, in addition to those already required by point ML.B.902(b)(1). |
(c) |
The competent authority shall maintain a record of all airworthiness review staff, which shall include details of any appropriate qualification held together with a summary of relevant continuing airworthiness management experience and training. |
(d) |
During the performance of the airworthiness review, the competent authority shall have access to the applicable data as specified in points ML.A.305, ML.A.306 and ML.A.401. |
(e) |
The staff that carries out the airworthiness review shall issue an airworthiness review certificate (EASA Form 15c), as set out in Appendix IV, after satisfactory completion of the airworthiness review. |
(f) |
Whenever circumstances reveal the existence of a potential safety threat, the competent authority shall carry out the airworthiness review and issue the ARC itself. |
ML.B.903 Findings
If during aircraft surveys or by other means, evidence is found showing non-compliance with requirements of this Annex, the competent authority shall:
(a) |
for Level 1 findings, require appropriate corrective action to be taken before further flight, and immediately revoke or suspend the ARC; and |
(b) |
for Level 2 findings, impose the corrective action appropriate to the nature of the finding. |
Appendix I
Continuing-airworthiness management contract
(a) |
When an owner contracts in accordance with point ML.A.201 a CAMO or CAO to carry out continuing airworthiness management tasks, upon request by the competent authority, a copy of the contract signed by both parties shall be sent by the owner to the competent authority of the Member State of registry. |
(b) |
The contract shall be developed taking into account the requirements of this Annex and shall define the obligations of the signatories in relation to the continuing airworthiness of the aircraft. |
(c) |
It shall contain, as a minimum the following information:
|
(d) |
It shall state the following: ‘The owner entrusts the CAMO or CAO with the management of the continuing airworthiness of the aircraft, the development and approval of a maintenance programme, and the organisation of the maintenance of the aircraft according to said maintenance programme. According to the present contract, both signatories undertake to follow the respective obligations of this contract. The owner declares, to the best of its knowledge, that all the information given to the CAMO or CAO concerning the continuing airworthiness of the aircraft is and will be accurate, and that the aircraft will not be altered without prior approval of the CAMO or CAO. In case of any non-conformity with this contract, by either of the signatories, the contract will become null. In such a case, the owner will retain full responsibility for every task linked to the continuing airworthiness of the aircraft, and the owner will inform the competent authoritie(s) of the Member State of registry within 2 weeks about the termination of the contract.’ |
(e) |
When an owner contracts a CAMO or CAO in accordance with point ML.A.201, the obligations of each party shall be assigned as follows:
|
Appendix II
Limited pilot-owner maintenance
In addition to the requirements laid down in this Annex, the pilot-owner shall comply with the following basic principles before it carries out any maintenance task:
(a) Competence and responsibility
(1) |
The pilot-owner shall always be responsible for any maintenance he performs. |
(2) |
The pilot-owner shall hold satisfactory level of competence to perform the task. It is the responsibility of a pilot-owner to familiarise himself with the standard maintenance practices for his aircraft and with the AMP. |
(b) Tasks
The Pilot-owner may carry out simple visual inspections or operations to check the airframe, engines, systems and components for general condition, obvious damage and normal operation.
A maintenance task shall not be released by the pilot-owner if any of the following conditions occurs:
(1) |
it is a critical maintenance task; |
(2) |
it requires the removal of major components o r a major assembly; |
(3) |
it is carried out in compliance with an AD or an airworthiness limitation item (ALI) unless specifically allowed in the AD or the ALI; |
(4) |
it requires the use of special tools or calibrated tools (except for torque wrench and crimping tool); |
(5) |
it requires the use of test equipment or special testing (e.g. non-destructive testing (NDT), system tests or operational checks for avionics equipment); |
(6) |
it is composed of any unscheduled special inspections (e.g. heavy-landing check); |
(7) |
it affects systems essential for the instrumental flight rules (IFR) operations; |
(8) |
it is a complex maintenance task in accordance with Appendix III, or it is a component maintenance task in accordance with point (a) or (b) of point ML.A.502; |
(9) |
it is part of the 100-h/annual check (for those cases the maintenance task is combined with the airworthiness review performed by maintenance organisations or independent certifying staff). |
The criteria referred to in points (1) to (9) cannot be overridden by less restrictive instructions issued in accordance with the AMP referred to in point ML.A.302.
Any task described in the aircraft flight manual (or other operational manuals), for example preparing the aircraft for flight (assembling the sailplane wings, or performing a preflight inspection, or assembling a basket, burner, fuel cylinders and an envelope combination for a balloon, etc.), is not considered a maintenance task and, therefore, does not require a CRS. Nevertheless, the person assembling those parts is responsible for ensuring that those parts are eligible for installation and in a serviceable condition.
(c) Performance and records of the pilot-owner maintenance tasks
The maintenance data, as specified in point ML.A.401, must always be available during the conduct of pilot-owner maintenance and must be complied with. Details of the data referred to in the conduct of pilot-owner maintenance must be included in the CRS in accordance with point (d) of point ML.A.803.
The pilot-owner must inform the contracted CAMO or CAO (if such contract exists) about the completion of the pilot-owner maintenance tasks no later than 30 days after completion of these tasks in accordance with point (a) of point ML.A.305.
Appendix III
Complex maintenance tasks not to be released by the pilot-owner
All of the following constitutes the complex maintenance tasks which, according to Appendix II, shall not be carried out by the pilot-owner. These tasks shall be released either by CAO or by independent certifying staff:
(a) |
the modification, repair or replacement by riveting, bonding, laminating, or welding of any of the following airframe parts:
|
(b) |
the modification or repair of any of the following parts:
|
(c) |
the performance of all of the following maintenance on a piston engine:
|
(d) |
the balancing of a propeller, except:
|
(e) |
any additional task that requires:
|
Appendix IV
Airworthiness Review Certificate - EASA Form 15c
NOTE: |
persons and organisations performing the airworthiness review in combination with the 100-h/annual inspection may use the reverse side of this form in order to issue the CRS referred to in point ML.A.801 corresponding to the 100-h/annual inspection. |
(*1) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L326, 20.12.2018, p. 64).
ANNEX VII
‘ANNEX Vc
(Part-CAMO)
CONTENTS
SECTION A — ORGANISATION REQUIREMENTS
CAMO.A.005 |
Scope |
CAMO.A.105 |
Competent authority |
CAMO.A.115 |
Application for an organisation certificate |
CAMO.A.120 |
Means of compliance |
CAMO.A.125 |
Terms of approval and privileges |
CAMO.A.130 |
Changes to the organisation |
CAMO.A.135 |
Continued validity |
CAMO.A.140 |
Access |
CAMO.A.150 |
Findings |
CAMO.A.155 |
Immediate reaction to a safety problem |
CAMO.A.160 |
Occurrence reporting |
CAMO.A.200 |
Management system |
CAMO.A.202 |
Internal safety reporting scheme |
CAMO.A.205 |
Contracting and subcontracting |
CAMO.A.215 |
Facilities |
CAMO.A.220 |
Record-keeping |
CAMO.A.300 |
Continuing airworthiness management exposition |
CAMO.A.305 |
Personnel requirements |
CAMO.A.310 |
Airworthiness review staff qualifications |
CAMO.A.315 |
Continuing airworthiness management |
CAMO.A.320 |
Airworthiness review |
CAMO.A.325 |
Continuing airworthiness management data |
SECTION B — AUTHORITY REQUIREMENTS
CAMO.B.005 |
Scope |
CAMO.B.115 |
Oversight documentation |
CAMO.B.120 |
Means of compliance |
CAMO.B.125 |
Information to the Agency |
CAMO.B.135 |
Immediate reaction to a safety problem |
CAMO.B.200 |
Management system |
CAMO.B.205 |
Allocation of tasks to qualified entities |
CAMO.B.210 |
Changes in the management system |
CAMO.B.220 |
Record-keeping |
CAMO.B.300 |
Oversight principles |
CAMO.B.305 |
Oversight programme |
CAMO.B.310 |
Initial certification procedure |
CAMO.B.330 |
Changes |
CAMO.B.350 |
Findings and corrective actions |
CAMO.B.355 |
Suspension, limitation and revocation |
SECTION A
ORGANISATION REQUIREMENTS
CAMO.A.005 Scope
This Section establishes the requirements to be met by an organisation to qualify for the issue or continuation of a certificate for the management of continuing airworthiness of an aircraft and of components for installation.
CAMO.A.105 Competent authority
For the purpose of this Annex, the competent authority shall be:
(a) |
the authority designated by the Member State where that organisation's principal place of business is located, if the approval is not included in an air operator certificate; |
(b) |
the authority designated by the Member State of the operator, if the approval is included in an air operator certificate; |
(c) |
the Agency, if the organisation's principal place of business is located in a third country. |
CAMO.A.115 Application for an organisation certificate
(a) |
The application for a certificate or an amendment to an existing certificate in accordance with this Annex shall be made in a form and manner established by the competent authority, taking into account the applicable requirements of Annex I (Part-M), Annex Vb (Part-ML) and this Annex. |
(b) |
Applicants for an initial certificate pursuant to this Annex shall provide the competent authority with:
Such documentation shall include, as provided for in point CAMO.A.130, a procedure describing how changes not requiring prior approval will be managed and notified to the competent authority. |
CAMO.A.120 Means of compliance
(a) |
Alternative means of compliance to the AMC adopted by the Agency may be used by an organisation to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. |
(b) |
When an organisation wishes to use an alternative means of compliance, it shall, prior to using it, provide the competent authority with a full description of the alternative means of compliance. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment demonstrating compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. The organisation may use these alternative means of compliance subject to prior approval by the competent authority, and upon receipt of the notification as provided for in point CAMO.B.120. |
CAMO.A.125 Terms of approval and privileges of the organisation
(a) |
The approval is indicated on the certificate, which is included in Appendix I, and is issued by the competent authority. |
(b) |
Notwithstanding point (a), for air carriers licensed in accordance with Regulation (EC) No 1008/2008, the approval shall be part of the air operator certificate issued by the competent authority for the aircraft operated. |
(c) |
The scope of work shall be specified in the continuing airworthiness management exposition (CAME) in accordance with point CAMO.A.300. |
(d) |
An organisation approved in accordance with this Annex may:
|
(e) |
An organisation approved in accordance with this Annex and having its principal place of business in one of the Member States, may additionally be approved to carry out airworthiness reviews in accordance with point M.A.901 of Annex I (Part-M) or point ML.A.903 of Annex Vb (Part-ML) as applicable, and:
|
(f) |
An organisation holding the privileges referred to in point (e) may additionally be approved to issue a permit to fly in accordance with point (d) of point 21.A.711 of Annex I (Part-21) to Regulation (EU) No 748/2012 for the particular aircraft for which the organisation is approved to issue the airworthiness review certificate, when the organisation is attesting conformity with approved flight conditions, subject to an adequate procedure in the CAME referred to in point CAMO.A.300. |
CAMO.A.130 Changes to the organisation
(a) |
The following changes to the organisation shall require prior approval:
|
(b) |
For any changes requiring prior approval in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts, the organisation shall apply for and obtain an approval issued by the competent authority. The application shall be submitted before any such change takes place, in order to enable the competent authority to determine continued compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts and to amend, if necessary, the organisation certificate and related terms of approval attached to it. The organisation shall provide the competent authority with any relevant documentation. The change shall only be implemented upon receipt of formal approval by the competent authority in accordance with point CAMO.B.330. The organisation shall operate under the conditions established by the competent authority during such changes, as applicable. |
(c) |
All changes not requiring prior approval shall be managed and notified to the competent authority as defined in the procedure referred to in point (b) of point CAMO.A.115 and approved by the competent authority in accordance with point (h) of point CAMO.B.310. |
CAMO.A.135 Continued validity
(a) |
The organisation's certificate shall remain valid subject to compliance with all of the following conditions:
|
(b) |
For air carriers licensed in accordance with Regulation (EC) No 1008/2008, termination, suspension or revocation of the air operator certificate automatically invalidates the organisation certificate in relation to the aircraft registrations specified in the air operator certificate, unless otherwise explicitly stated by the competent authority. |
(c) |
Upon revocation or surrender, the certificate shall be returned to the competent authority without delay. |
CAMO.A.140 Access
For the purpose of determining compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, the organisation shall grant access at any time to any facility, aircraft, document, records, data, procedures or any other material relevant to its activity subject to certification, whether it is contracted/subcontracted or not, to any person authorised by one of the following authorities:
(a) |
the competent authority defined in point CAMO.A.105; |
(b) |
the authority acting under the provisions of point (d) of point CAMO.B.300 or point (e) of point CAMO.B.300. |
CAMO.A.150 Findings
(a) |
After receipt of notification of findings according to point CAMO.B.350, the organisation shall:
|
(b) |
Actions referred to in points (a)(1), (a)(2) and (a)(3) shall be performed within the period agreed with that competent authority as defined in point CAMO.B.350. |
CAMO.A.155 Immediate reaction to a safety problem
The organisation shall implement:
(a) |
any safety measures mandated by the competent authority in accordance with point CAMO.B.135; |
(b) |
any relevant mandatory safety information issued by the Agency. |
CAMO.A.160 Occurrence reporting
(a) |
As part of its management system the organisation shall implement an occurrence reporting system that meets the requirements defined in Regulation (EU) No 376/2014 and Implementing Regulation (EU) 2015/1018 (*1). |
(b) |
Without prejudice to point (a), the organisation shall ensure that any incident, malfunction, technical defect, exceeding of technical limitations, occurrence that would highlight inaccurate, incomplete or ambiguous information contained in data established in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012 or other irregular circumstance that has or may have endangered the safe operation of the aircraft and that has not resulted in an accident or serious incident are reported to the competent authority and to the organisation responsible for the design of the aircraft. |
(c) |
Without prejudice to Regulation (EU) No 376/2014 and Implementing Regulation (EU) 2015/1018, the reports referred to in points (a) and (b) shall be made in a form and manner established by the competent authority and shall contain all pertinent information about the condition known to the organisation. |
(d) |
Reports shall be made as soon as possible, but in any case within 72 hours of the organisation identifying the condition to which the report relates, unless exceptional circumstances prevent this. |
(e) |
Where relevant, the organisation shall produce a follow-up report to provide details of actions it intends to take to prevent similar occurrences in the future, as soon as these actions have been identified. This report shall be produced in a form and manner established by the competent authority. |
CAMO.A.200 Management system
(a) |
The organisation shall establish, implement, and maintain a management system that includes:
|
(b) |
The management system shall correspond to the size of the organisation and the nature and complexity of its activities, taking into account the hazards and associated risks inherent in these activities. |
(c) |
Where the organisation holds one or more additional organisation certificates within the scope of Regulation (EU) 2018/1139 and its delegated and implementing acts, the management system may be integrated with that required under the additional certificate(s) held. |
(d) |
Notwithstanding point (c), for air carriers licensed in accordance with Regulation (EC) No 1008/2008, the management system provided for in this Annex shall be an integrated part of the operator's management system. |
CAMO.A.202 Internal safety reporting scheme
(a) |
As part of its management system, the organisation shall establish an internal safety reporting scheme to enable the collection and evaluation of such occurrences to be reported under point CAMO.A.160. |
(b) |
The scheme shall also enable the collection and evaluation of those errors, near misses, and hazards reported internally that do not fall under point (a). |
(c) |
Through this scheme, the organisation shall:
|
(d) |
The organisation shall provide access to its internal safety reporting scheme to any subcontracted organisation. |
(e) |
The organisation shall cooperate on safety investigations with any other organisation having a significant contribution to the safety of its own continuing airworthiness management activities. |
CAMO.A.205 Contracting and subcontracting
(a) |
The organisation shall ensure that when contracting maintenance or when subcontracting any part of its continuing airworthiness management activities:
|
(b) |
When the organisation subcontracts any part of its continuing airworthiness management activities to another organisation, the subcontracted organisation shall work under the approval of the organisation. The organisation shall ensure that the competent authority is given access to the subcontracted organisation, to determine continued compliance with the applicable requirements. |
CAMO.A.215 Facilities
The organisation shall provide suitable office accommodation at appropriate locations for the personnel specified in point CAMO.A.305.
CAMO.A.220 Record-keeping
(a) |
Continuing airworthiness management records
|
(b) |
Management system, contracting and subcontracting records
|
(c) |
Personnel records
|
(d) |
The organisation shall establish a system of record-keeping that allows adequate storage and reliable traceability of all activities developed. |
(e) |
The format of the records shall be specified in the organisation's procedures. |
(f) |
Records shall be stored in a manner that ensures protection from damage, alteration and theft. |
CAMO.A.300 Continuing airworthiness management exposition (CAME)
(a) |
The organisation shall provide the competent authority with a CAME and, where applicable, any referenced associated manuals and procedures, containing all of the following information:
|
(b) |
The initial issue of the CAME shall be approved by the competent authority. It shall be amended as necessary to remain an up-to-date description of the organisation. |
(c) |
Amendments to the CAME shall be managed as defined in the procedure referred to in point (11)(iv). Any amendments not included in the scope of this procedure, as well as amendments related to the changes listed in point (a) of point CAMO.A.130, shall be approved by the competent authority. |
CAMO.A.305 Personnel requirements
(a) |
The organisation shall appoint an accountable manager, who has corporate authority for ensuring that all continuing airworthiness management activities can be financed and carried out in accordance with Regulation (EU) 2018/1139 and delegated and implementing acts adopted on the basis thereof. The accountable manager shall:
|
(b) |
For organisations also approved as air carriers licensed in accordance with Regulation (EC) No 1008/2008, the accountable manager shall in addition:
|
(c) |
The person or persons nominated in accordance with points (a)(3) to (a)(5) and (b)(2) of point CAMO.A.305 shall be able to demonstrate relevant knowledge, background and satisfactory experience related to aircraft continuing airworthiness management and demonstrate a working knowledge of this Regulation. Such person(s) shall be ultimately responsible to the accountable manager. |
(d) |
The organisation shall have a system in place to plan the availability of staff to ensure that the organisation has sufficient appropriately qualified staff to plan, perform, supervise, inspect and monitor the organisation's activities in accordance with the terms of approval. |
(e) |
To be approved to carry out airworthiness reviews or recommendations in accordance with point (e) of point CAMO.A.125 and, if applicable, to issue permits to fly in accordance with point (f) of point CAMO.A.125, the organisation shall have airworthiness review staff qualified and authorised in accordance with point CAMO.A.310. |
(f) |
For organisations extending airworthiness review certificates in accordance with point (d)(4) of point CAMO.A.125, the organisation shall nominate persons authorised to do so. |
(g) |
The organisation shall establish and control the competency of personnel involved in compliance monitoring, safety management, continuing airworthiness management, airworthiness reviews or recommendations, and, if applicable, issuing permits to fly, in accordance with a procedure and to a standard agreed by the competent authority. In addition to the necessary expertise related to the job function, competency must include an understanding of safety management and human factors principles appropriate to the person's function and responsibilities in the organisation. |
CAMO.A.310 Airworthiness review staff qualifications
(a) |
Airworthiness review staff issuing airworthiness review certificates or recommendations in accordance with point (e) of point CAMO.A.125 and, if applicable, issuing permits to fly in accordance with point (f) of point CAMO.A.125 shall have:
|
(b) |
Notwithstanding points (a)(1), (a)(3) and (a)(4), the requirement laid down in point (a)(2) may be replaced with 5 years of experience in continuing airworthiness additional to those already required by point (a)(1). |
(c) |
Airworthiness review staff nominated by the organisation can only be issued an authorisation by that organisation when formally accepted by the competent authority after satisfactory completion of an airworthiness review under the supervision of the competent authority, or under the supervision of the organisation's authorised airworthiness review staff, in accordance with a procedure approved by the competent authority as part of the CAME. |
(d) |
The organisation shall ensure that aircraft airworthiness review staff can demonstrate appropriate, recent continuing airworthiness management experience. |
CAMO.A.315 Continuing airworthiness management
(a) |
The organisation shall ensure that all continuing airworthiness management is carried out in accordance with Section A, Subpart C of Annex I (Part-M), or Section A Subpart C of Annex Vb (Part-ML), as applicable. |
(b) |
For every aircraft managed, the organisation shall in particular:
|
(c) |
Where the organisation is not appropriately approved in accordance with Subpart F of Annex I (Part-M), Annex II (Part-145) or Annex Vd (Part-CAO) it shall, in consultation with the operator, manage the written maintenance contracts required by points (e)(3), (f)(3), (g)(3) and (h)(3) of M.A.201 or point ML.A.201 to ensure that:
|
(d) |
Notwithstanding point (c), the contract may be in the form of individual work orders addressed to the maintenance organisation in the case of:
|
(e) |
The organisation shall ensure that human factors and human performance limitations are taken into account during continuing airworthiness management, including all contracted and subcontracted activities. |
CAMO.A.320 Airworthiness review
When the organisation approved in accordance with point (e) of point CAMO.A.125 performs airworthiness reviews, they shall be performed in accordance with point M.A.901 of Annex I (Part-M) or point ML.A.903 of Annex Vb (Part-ML), as applicable.
CAMO.A.325 Continuing airworthiness management data
The organisation shall hold and use applicable current maintenance data in accordance with point M.A.401 of Annex I (Part-M) for the performance of continuing airworthiness tasks referred to in point CAMO.A.315. This data may be provided by the owner or the operator, subject to an appropriate contract being established with such an owner or operator. In such case, the continuing airworthiness management organisation shall only keep such data for the duration of the contract, except when otherwise required by point (a) of point CAMO.A.220.
SECTION B
AUTHORITY REQUIREMENTS
CAMO.B.005 Scope
This Section establishes the administrative and management system requirements to be followed by the competent authority in charge of the implementation and enforcement of Section A of this Annex.
CAMO.B.115 Oversight documentation
The competent authority shall provide all legislative acts, standards, rules, technical publications, and related documents to relevant personnel in order to allow them to perform their tasks and to discharge their responsibilities.
CAMO.B.120 Means of compliance
(a) |
The Agency shall develop Acceptable Means of Compliance (‘AMC’) that may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. |
(b) |
Alternative means of compliance may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts |
(c) |
The competent authority shall establish a system to consistently evaluate that all alternative means of compliance used by itself or by organisations under its oversight allow for the establishment of compliance with Regulation (EU) No 2018/1139 and its delegated and implementing acts. |
(d) |
The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance with point CAMO.A.120 by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation. When the competent authority finds that the alternative means of compliance are in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts, it shall without undue delay:
|
(e) |
When the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts it shall:
The competent authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that they comply with Regulation (EU) 2018/1139 and its delegated and implementing acts. |
CAMO.B.125 Information to the Agency
(a) |
The competent authority shall, without undue delay, notify the Agency in case of any significant problems with the application of Regulation (EU) 2018/1139 and its delegated and implementing acts. |
(b) |
The competent authority shall provide the Agency with safety-significant information stemming from the occurrence reports it has received pursuant to point CAMO.A.160. |
CAMO.B.135 Immediate reaction to a safety problem
(a) |
Without prejudice to Regulation (EU) No 376/2014 and Commission Implementing Regulation (EU) 2015/1018 (*2), the competent authority shall implement a system to appropriately collect, analyse, and disseminate safety information. |
(b) |
The Agency shall implement a system to appropriately analyse any relevant safety information received, and without undue delay provide to Member States and the Commission any information, including recommendations or corrective actions to be taken, necessary for them to react in a timely manner to a safety problem involving products, parts, appliances, persons or organisations subject to Regulation (EU) 2018/1139 and its delegated and implementing acts. |
(c) |
Upon receiving the information referred to in points (a) and (b), the competent authority shall take adequate measures to address the safety problem. |
(d) |
Measures taken under point (c) shall immediately be notified to all persons or organisations which need to comply with them under Regulation (EU) 2018/1139 and and its delegated and implementing acts. The competent authority shall also notify those measures to the Agency and, when combined action is required, the other Member States concerned. |
CAMO.B.200 Management system
(a) |
The competent authority shall establish and maintain a management system, including as a minimum:
|
(b) |
The competent authority shall, for each field of activity, including management system, appoint one or more persons with the overall responsibility for the management of the relevant task(s). |
(c) |
The competent authority shall establish procedures for participation in a mutual exchange of all necessary information and assistance with other competent authorities concerned, including all findings raised and follow-up actions taken as a result of oversight of persons and organisations exercising activities in the territory of a Member State, but certified by the competent authority of another Member State or the Agency. |
(d) |
A copy of the procedures related to the management system and their amendments shall be made available to the Agency for the purpose of standardisation and to the organisations subject to this Regulation, if so requested. |
CAMO.B.205 Allocation of tasks to qualified entities
(a) |
Tasks related to the initial certification, or continuing oversight of persons, or organisations subject to Regulation (EU) 2018/1139 and its delegated and implementing acts may be allocated by Member States only to qualified entities. When allocating tasks, the competent authority shall ensure that it has:
|
(b) |
The competent authority shall ensure that the internal audit process and safety risk management process required by point (a)(5) of point CAMO.B.200 covers all certification, or continuing oversight tasks performed on its behalf. |
CAMO.B.210 Changes in the management system
(a) |
The competent authority shall have a system in place to identify changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139 and its delegated and implementing acts. This system shall enable it to take action as appropriate to ensure that its management system remains adequate and effective. |
(b) |
The competent authority shall update its management system to reflect any change to Regulation (EU) 2018/1139 and its delegated and implementing acts in a timely manner, so as to ensure effective implementation. |
(c) |
The competent authority shall notify the Agency of changes affecting its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139 and its delegated and implementing acts. |
CAMO.B.220 Record-keeping
(a) |
The competent authority shall establish a system of record-keeping that allows adequate storage, accessibility, and reliable traceability of:
|
(b) |
The competent authority shall maintain a list of all organisation certificates it issued. |
(c) |
All records referred to in points (a) and (b) shall be kept for a minimum period of 5 years subject to applicable data protection law. |
(d) |
All records referred to in points (a) and (b) shall be made available upon request to a competent authority of another Member State or the Agency. |
CAMO.B.300 Oversight principles
(a) |
The competent authority shall verify:
|
(b) |
This verification shall:
|
(c) |
The scope of oversight defined in points (a) and (b) shall take into account the results of past oversight activities and the safety priorities. |
(d) |
Where organisation facilities are located in more than one State, the competent authority as defined in point CAMO.A.105 may agree to have oversight tasks performed by the competent authority(ies) of the Member State(s) where facilities are located, or by the Agency for facilities located in a third country. Any organisation subject to such agreement shall be informed of its existence and of its scope. |
(e) |
For oversight performed at facilities located in another State, the competent authority as defined in point CAMO.A.105 shall inform the competent authority of such State, or the Agency for facilities of organisations having their principal place of business in a third country, before performing any on-site audit or inspection of such facilities. |
(f) |
The competent authority shall collect and process any information deemed useful for oversight, including for unannounced inspections. |
CAMO.B.305 Oversight programme
(a) |
The competent authority shall establish and maintain an oversight programme covering the oversight activities required by point CAMO.B.300. |
(b) |
The oversight programme shall be developed taking into account the specific nature of the organisation, the complexity of its activities, the results of past certification and/or oversight activities, and shall be based on the assessment of associated risks. It shall include within each oversight planning cycle:
|
(c) |
For organisations certified by the competent authority, an oversight planning cycle not exceeding 24 months shall be applied. |
(d) |
Notwithstanding point (c), the oversight planning cycle may be extended up to 36 months if the competent authority has established that during the previous 24 months:
Notwithstanding point (c), the oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the conditions provided in points (1) to (4) of the first subparagraph, the organisation has established, and the competent authority has approved, an effective continuous reporting system to the competent authority on the safety performance and regulatory compliance of the organisation itself. |
(e) |
The oversight planning cycle may be reduced if there is any evidence that the safety performance of the organisation has decreased. |
(f) |
The oversight programme shall include records of the dates when audits, inspections and meetings are due, and when such audits, inspections and meetings have been carried out. |
(g) |
At the completion of each oversight planning cycle, the competent authority shall issue a recommendation report on the continuation of the approval reflecting the results of oversight. |
CAMO.B.310 Initial certification procedure
(a) |
Upon receiving an application for the initial issue of a certificate for an organisation, the competent authority shall verify the organisation's compliance with the applicable requirements. |
(b) |
A meeting with the accountable manager of the organisation shall be convened at least once during the investigation for initial certification to ensure that he/she fully understands the significance of the certification process and the reason for signing the statement of the organisation to comply with the procedures specified in the CAME. |
(c) |
The competent authority shall record all findings, closure actions (actions required to close a finding) and recommendations. |
(d) |
The competent authority shall confirm in writing all the findings raised during the verification to the organisation. For initial certification, all findings must be corrected to the satisfaction of the competent authority before the certificate can be issued. |
(e) |
When satisfied that the organisation complies with the applicable requirements, the competent authority shall:
|
(f) |
The certificate reference number shall be included on the EASA Form 14 certificate in a manner specified by the Agency. |
(g) |
The certificate shall be issued for an unlimited duration. The privileges, scope of the activities that the organisation is approved to conduct, including any limitations as applicable, shall be specified in the terms of approval attached to the certificate. |
(h) |
To enable the organisation to implement changes without prior competent authority approval in accordance with point (c) of point CAMO.A.130, the competent authority shall approve the relevant CAME procedure defining the scope of such changes and describing how such changes will be managed and notified. |
CAMO.B.330 Changes
(a) |
Upon receiving an application for a change that requires prior approval, the competent authority shall verify the organisation's compliance with the applicable requirements before issuing the approval. |
(b) |
The competent authority shall establish the conditions under which the organisation may operate during the change unless the competent authority determines that the organisation's certificate needs to be suspended. |
(c) |
When satisfied that the organisation complies with the applicable requirements, the competent authority shall approve the change. |
(d) |
Without prejudice to any additional enforcement measures, when the organisation implements changes requiring prior approval without having received competent authority approval pursuant to point (c), the competent authority shall suspend, limit or revoke the organisation's certificate. |
(e) |
For changes not requiring prior approval, the competent authority shall assess the information provided in the notification sent by the organisation in accordance with point (c) of point CAMO.A.130 to verify compliance with the applicable requirements. In case of any non-compliance, the competent authority shall:
|
CAMO.B.350 Findings and corrective actions
(a) |
The competent authority shall have a system to analyse findings for their safety significance. |
(b) |
A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, with the organisation's procedures and manuals, or with the terms of an approval or certificate which lowers safety or seriously endangers flight safety. The level 1 findings shall include:
|
(c) |
A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, with the organisation's procedures and manuals, or with the terms of an approval or certificate which may lower safety or endanger flight safety. |
(d) |
When a finding is detected during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EU) 2018/1139 and its delegated and implementing acts, communicate the finding to the organisation in writing, and request corrective action to address the non-compliance(s) identified. Where a finding directly relates to an aircraft, the competent authority shall inform the State in which the aircraft is registered.
|
(e) |
Without prejudice to any additional enforcement measures, when the authority of a Member State acting under the provisions of point (d) of point CAMO.B.300 identifies any non-compliance with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts by an organisation certified by the competent authority of another Member State or the Agency, it shall inform that competent authority and provide an indication of the level of finding. |
CAMO.B.355 Suspension, limitation and revocation
The competent authority shall:
(a) |
suspend a certificate on reasonable grounds in the case of potential safety threat; |
(b) |
suspend, revoke or limit a certificate pursuant to point CAMO.B.350; |
(c) |
suspend certificate in case the competent authority's inspectors are unable over a period of 24 months to discharge their oversight responsibilities through on-site audit(s) due to the security situation in the State where the facilities are located. |
Appendix I
Continuing Airworthiness Management Organisation Certificate - EASA Form 14
Text of image Text of image(*1) Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L 163, 30.6.2015, p. 1).
(*2) Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L 163, 30.6.2015, p. 1).
ANNEX VIII
‘ANNEX Vd
(Part-CAO)
CONTENTS
CAO.1 |
General |
SECTION A — ORGANISATION REQUIREMENTS
CAO.A.010 |
Scope |
CAO.A.015 |
Application |
CAO.A.017 |
Means of compliance |
CAO.A.020 |
Terms of approval |
CAO.A.025 |
Combined airworthiness exposition |
CAO.A.030 |
Facilities |
CAO.A.035 |
Personnel requirements |
CAO.A.040 |
Certifying staff |
CAO.A.045 |
Airworthiness review staff |
CAO.A.050 |
Components, equipment and tools |
CAO.A.055 |
Maintenance data and work orders |
CAO.A.060 |
Maintenance standards |
CAO.A.065 |
Aircraft certificate of release to service |
CAO.A.070 |
Component certificate of release to service |
CAO.A.075 |
Continuing-airworthiness management |
CAO.A.080 |
Continuing-airworthiness management data |
CAO.A.085 |
Airworthiness review |
CAO.A.090 |
Record-keeping |
CAO.A.095 |
Privileges of the organisation |
CAO.A.100 |
Quality system and organisational review |
CAO.A.105 |
Changes to the organisation |
CAO.A.110 |
Continued validity |
CAO.A.115 |
Findings |
SECTION B — AUTHORITY REQUIREMENTS
CAO.B.010 |
Scope |
CAO.B.015 |
Competent authority |
CAO.B.017 |
Means of compliance |
CAO.B.020 |
Record-keeping |
CAO.B.025 |
Mutual exchange of information |
CAO.B.030 |
Responsibilities |
CAO.B.035 |
Exemptions |
CAO.B.040 |
Application |
CAO.B.045 |
Initial approval |
CAO.B.050 |
Issue of approval |
CAO.B.055 |
Continuing oversight |
CAO.B.060 |
Findings |
CAO.B.065 |
Changes |
CAO.B.070 |
Suspension, limitation and revocation |
Appendix I — Combined airworthiness organisation (CAO) certificate
CAO.1 General
For the purpose of this Annex (Part-CAO):
(1) |
the competent authority shall be:
|
(2) |
‘owner’ means the person responsible for the continuing airworthiness of the aircraft, including the following persons:
|
SECTION A
ORGANISATION REQUIREMENTS
CAO.A.010 Scope
This Annex establishes the requirements to be met by a combined airworthiness organisation (CAO) in order to be issued, upon application, an approval for the maintenance and continuing airworthiness management of aircraft and components for installation thereon, and to continue carrying out those activities, where such aircraft are not classified as complex motor-powered aircraft and are not listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008.
CAO.A.015 Application
CAOs shall apply for the issuance of, or change to, a CAO approval to the competent authority in a form and manner established by that authority.
CAO.A.017 Means of compliance
(a) |
Alternative means of compliance to the Accepted Means of Compliance adopted by the Agency may be used by an organisation to demonstrate compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. |
(b) |
When an organisation wishes to use alternative means of compliance, it shall, prior to using it, provide the competent authority with a full description of those alternative means of compliance. That description shall include an assessment demonstrating compliance of alternative means of compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. The organisation may use those alternative means of compliance subject to prior approval by the competent authority, and upon receipt of the notification as provided for in point CAO.B.017. |
CAO.A.020 Terms of approval
(a) |
The CAO shall specify the approved scope of work in its combined airworthiness exposition (CAE), as provided for in point CAO.A.025.
Organisations obtaining an approval in accordance with this Annex on the basis of an existing organisation approval issued in accordance with Subpart G or Subpart F of Annex I (Part-M) or Annex II (Part-145) in accordance with paragraph 4 of Article 4, shall include in the scope of work all the necessary details to ensure that the privileges are identical to the ones included in the existing approval. |
(b) |
The CAO approval shall be issued on the basis of the template set out in Appendix I to this Annex. |
(c) |
A CAO may fabricate, in conformity with maintenance data, a restricted range of parts for use in the course of undergoing work within its own facilities, as indicated in their CAE. |
CAO.A.025 Combined airworthiness exposition
(a) |
The CAO shall provide a manual containing at least the following information:
|
(b) |
The initial CAE shall be approved by the competent authority. |
(c) |
Amendments to the CAE shall be handled in accordance with point CAO.A.105. |
CAO.A.030 Facilities
The CAO shall ensure that all necessary facilities, including adequate office accommodation are provided for it to be able to carry out all the planned work.
In addition, where the scope of approval of the organisation includes maintenance activities, the CAO shall ensure that:
(a) |
specialised workshops, hangars and bays provide adequate protection from contamination and the environment; |
(b) |
secure storage facilities are provided for components, equipment, tools and material, under conditions ensuring that unserviceable components and materials are segregated from all other components, material, equipment and tools, that the manufacturer's instructions for storage are complied with and that access to the storage facilities is restricted to authorised personnel. |
CAO.A.035 Personnel requirements
(a) |
The CAO shall appoint an accountable manager, who shall have an authority for ensuring that all activities of the organisation can be financed so that those activities are carried out in accordance with the requirements of this Annex. |
(b) |
The accountable manager shall nominate a person or group of persons who shall be responsible for ensuring that the CAO is always in compliance with the requirements of this Annex. Those person(s) shall ultimately be responsible to the accountable manager. |
(c) |
All persons referred to in point (b) shall have the relevant knowledge, background and experience related to continuing airworthiness management or maintenance, as appropriate for their functions. |
(d) |
The CAO shall have sufficient appropriately qualified staff for it to be able to carry out the planned work. The CAO shall be entitled to use temporarily subcontracted staff. |
(e) |
The CAO shall assess and record the qualification of all personnel. |
(f) |
Personnel who carry out specialised tasks, such as welding, or non-destructive testing (‘NDT’) inspection other than colour contrast inspections shall be qualified in accordance with an officially-recognised standard |
CAO.A.040 Certifying staff
(a) |
Certifying staff shall comply with the requirements of Article 5. They shall only exercise their privileges to release maintenance if the CAO has ensured:
|
(b) |
By derogation from point (a), in unforeseen circumstances where an aircraft is grounded at a location other than the main base where no appropriate certifying staff are available, the CAO contracted to provide maintenance support may issue a one-off certification authorisation, alternatively:
The issuance of a one-off certification authorisation shall be reported by the CAO to the competent authority within 7 days of the issuance. The CAO issuing the one-off certification authorisation shall ensure that any such maintenance that could affect flight safety is rechecked. |
(c) |
By derogation from point (a), the CAO may use certifying staff qualified in accordance with the following requirements when providing maintenance support to operators involved in commercial operations, subject to appropriate procedures to be approved as part of the CAE:
|
(d) |
The CAO shall record the details concerning certifying staff and maintain an up-to-date list of all certifying staff, together with details on their scope of approval, as part of the organisation's exposition. |
CAO.A.045 Airworthiness review staff
(a) |
In order for it to be approved to carry out airworthiness reviews and, if applicable, to issue permits to fly, a CAO shall have appropriate airworthiness review staff who shall comply with all of the following requirements:
|
(b) |
Before the CAO issues an authorisation to an airworthiness review staff to perfom airworthiness review, the CAO shall nominate the person who will perform an airworthiness review of an aircraft under supervision of the competent authority or under the supervision of a person already authorised as airworthiness review staff of the CAO. If this supervision is satisfactory, the competent authority shall formally accept the staff to become airworthiness review staff. |
(c) |
The CAO shall ensure that its airworthiness review staff can demonstrate appropriate recent continuing airworthiness experience. |
(d) |
Each airworthiness review staff shall be identified in the CAE in a list that contains the airworthiness review authorisation referred in point (b). |
(e) |
The CAO shall maintain a record of all its airworthiness review staff, which shall include details of any appropriate qualification and a summary of relevant continuing airworthiness experience and training of the person concerned, as well as a copy of his or her authorisation. It shall retain that record for a period of at least 2 years after the date at which the person concerned no longer works for the CAO. |
CAO.A.050 Components, equipment and tools
(a) |
The CAO shall:
|
(b) |
The CAO shall ensure that the tools and equipment it uses are controlled and calibrated to an officially recognised standard. It shall keep records of such calibrations and the standards used and comply with point CAO.A.090. |
(c) |
The CAO shall inspect, classify and appropriately segregate all incoming components in accordance with points M.A.501 and M.A.504 of Annex I (Part-M) or with points ML.A.501 and ML.A.504 of Annex Vb (Part-ML), as applicable. |
CAO.A.055 Maintenance data and work orders
(a) |
The CAO shall hold and use applicable current maintenance data specified in point M.A.401 of Annex I (Part-M) or in point ML.A.401 of Annex Vb (Part-ML), as applicable, in the performance of maintenance, including modifications and repairs. However, in the case of customer-provided maintenance data, it shall only be required to hold such data when the work is in progress. |
(b) |
Before the commencement of maintenance, a written work order shall be agreed between the CAO and the person or organisation requesting maintenance, in a manner that clearly establishes the maintenance to be carried out. |
CAO.A.060 Maintenance standards
When performing maintenance, the CAO shall comply with all of the following requirements:
(a) |
ensure that any person performing maintenance is qualified in accordance with the requirements of this Annex; |
(b) |
ensure that the area in which maintenance is carried out is well organised and clean (no dirt or contamination); |
(c) |
use the methods, techniques, standards and instructions specified in the maintenance data and work orders referred to in point CAO.A.055; |
(d) |
use the tools, equipment and material specified in point CAO.A.050; |
(e) |
ensure that maintenance is performed in accordance with any environmental limitations specified in the maintenance data referred to in point CAO.A.055; |
(f) |
ensure that proper facilities are used in case of inclement weather or lengthy maintenance; |
(g) |
ensure that the risk of multiple errors during maintenance and the risk of errors being repeated in identical maintenance tasks are minimised; |
(h) |
ensure that an error-capturing method is implemented after the performance of any critical maintenance task; |
(i) |
perform a general verification after completion of maintenance in order to ensure that the aircraft or component is clear of all tools, equipment and any extraneous parts and material and that all access panels removed have been refitted; |
(j) |
ensure that all maintenance performed is properly recorded and documented. |
CAO.A.065 Aircraft certificate of release to service
At the completion of any aircraft maintenance carried out in accordance with this Annex, an aircraft CRS shall be issued in accordance with point M.A.801 of Annex I (Part-M) or point ML.A.801 of Annex Vb (Part-ML), as applicable.
CAO.A.070 Component certificate of release to service
(a) |
At the completion of all component maintenance in accordance with this Annex, a component CRS shall be issued in accordance with point M.A.802 of Annex I (Part-M) or point ML.A.802 of Annex Vb (Part-ML), as applicable. An EASA Form 1 shall be issued in accordance with Appendix II to Annex I (Part-M), except as provided for in points (b) or (d) of point M.A.502 of Annex I (Part-M) and point ML.A.502 of Annex Vb (Part-ML) and for components fabricated in accordance with point (c) of point CAO.A.020. |
(b) |
The EASA Form 1 referred to in point (a) may be generated from a computer database. |
CAO.A.075 Continuing airworthiness management
(a) |
All continuing airworthiness management shall be carried out in accordance with the requirements of Subpart C of Annex I (Part-M) or Subpart C of Annex Vb (Part-ML), as applicable. |
(b) |
For every aircraft managed, the CAO shall:
|
CAO.A.080 Continuing airworthiness management data
The CAO shall hold and use applicable current maintenance data specified in point M.A.401 of Annex I (Part-M) or point ML.A.401 of Annex Vb (Part-ML), as applicable, for the performance of the continuing airworthiness management tasks referred to in points CAMO.A.315 and CAO.A.075, respectively. This data may be provided by the owner, subject to an contract as referred in points (h)(2), (i)(1), (e) or (f) of point M.A.201, in which case the CAO only needs to hold such data for the duration of the contract, unless where it is to retain the data pursuant to point (b) of point CAO.A.090.
CAO.A.085 Airworthiness review
The CAO shall perform any airworthiness reviews in accordance with point M.A.903 of Annex I (Part-M) or point ML.A.903 of Annex Vb (Part-ML), as applicable.
CAO.A.090 Record-keeping
(a) |
The CAO shall retain the following records:
|
(b) |
The CAO shall retain a copy of the records described in point (a)(1), and any associated maintenance data, for a period of 3 years from the date at which it released to service the aircraft or aircraft component to which the work relates. |
(c) |
The CAO shall retain a copy of the records referred to in points (a)(2) to (a)(4) for a period of 2 years from the date at which the aircraft has been permanently withdrawn from service. |
(d) |
All records shall be stored in a manner that ensures protection from damage, alteration and theft. |
(e) |
All computer hardware used for backup of the maintenance records shall be stored in a different location from that containing those data and in an environment that ensures that they remain in good condition. |
(f) |
Where the continuing airworthiness management of an aircraft is transferred to another organisation or person, all the records retained under points (a)(2) to (a)(4) shall be transferred to that organisation or person. From the moment of the transfer, points (b) and (c) shall apply to that organisation or person. |
(g) |
Where the CAO terminates its operation, all retained records shall be transferred as follows:
|
CAO.A.095 Privileges of the organisation
The CAO shall have the following privileges:
(a) |
Maintenance
|
(b) |
Continuing airworthiness management
|
(c) |
Airworthiness review:
|
(d) |
Permit to fly A CAO with its principal place of business in one of the Member States, the approval of which includes the privileges referred to in point (c), may be approved to issue a permit to fly in accordance with point (d) of point 21.A.711 of Annex I (Part-21) to Regulation (EU) No 748/2012 for those aircraft for which it can issue the ARC when it attests conformity with the approved flight conditions, in accordance with an adequate procedure provided for in the CAE. |
(e) |
A CAO may be approved for one or more privileges. |
CAO.A.100 Quality system and organisational review
(a) |
To ensure that the CAO continues to meet the requirements of this Annex, this organisation shall establish a quality system and designate a quality manager. |
(b) |
The quality system shall monitor the carrying out of the activities of the organisation covered by this Annex. It shall monitor in particular:
|
(c) |
The records of that monitoring shall be retained for at least the previous 2 years. |
(d) |
Where the organisation holding a CAO approval is additionally approved in accordance with an Annex other than this Annex, the quality system may be combined with that required by the other Annex. |
(e) |
A CAO shall be considered as a small CAO when one of the following condition is met:
|
(f) |
In the case of a small CAO, the quality system may be replaced by regular organisational reviews, subject to the approval of the competent authority. In that case, the CAO shall not contract continuing airworthiness management tasks to other parties. |
CAO.A.105 Changes to the organisation
(a) |
In order to enable the competent authority to determine continued compliance with this Part, the approved maintenance organisation shall notify it of any proposal to carry out any of the following changes, before such changes take place:
|
(b) |
Any other changes in locations, facilities, equipment, tools, material, procedures, scope of work and staff shall be controlled by the CAO through a control procedure provided for in the CAE. The CAO shall submit a description of those changes and the corresponding CAE amendments to the competent authority within 15 days from the day on which the change took place. |
CAO.A.110 Continued validity
(a) |
An approval shall be issued for an unlimited duration and shall remain valid subject to:
|
(b) |
Upon surrender or revocation of the approval, the organisation shall return the approval certificate to the competent authority. |
CAO.A.115 Findings
(a) |
A Level 1 finding is any significant non-compliance with Part-CAO requirements which lowers the safety standard and seriously hazards flight safety. |
(b) |
A Level 2 finding is any non-compliance with the Part-CAO requirements which may lower the safety standard and possibly hazard flight safety. |
(c) |
After receiving a notification of a finding in accordance with point CAO.B.060, the CAO shall adopt a corrective action plan and demonstrate to the satisfaction of the competent authority that it has taken the necessary corrective action to address the finding within the time period set by that authority. |
SECTION B
AUTHORITY REQUIREMENTS
CAO.B.010 Scope
This Section establishes the administrative requirements to be met by the competent authorities in connection to the requirements for organisations set out in Section A.
CAO.B.017 Means of compliance
(a) |
The Agency shall develop Acceptable Means of Compliance (‘AMC“) that may be used to demonstrate compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. |
(b) |
Alternative means of compliance may be used to demonstrate compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts |
(c) |
The competent authority shall establish a system to consistently evaluate that all alternative means of compliance used by organisations under its oversight allow for the establishment of compliance with Regulation (EU) No 2018/1139 and its delegated and implementing acts. |
(d) |
The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance with point CAO.A.017 by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation. When the competent authority finds that the alternative means of compliance are in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts, it shall without undue delay:
|
CAO.B.020 Record-keeping
(a) |
The competent authority shall establish a system of record-keeping that allows adequate traceability of the process to keep the records for issuing, continuing, changing, suspending or revoking each issued certificate. |
(b) |
The records of the competent authority for the oversight of organisations approved in accordance with this Annex shall include, as a minimum:
|
(c) |
The retention period for the records listed under point (b) shall be at least 5 years. |
(d) |
All records shall be made available to the competent authority of another Member State or the Agency, upon request. |
CAO.B.025 Mutual exchange of information
(a) |
Where necessary for the performance of their tasks under this Regulation, the competent authorities shall exchange information. |
(b) |
In the case of a potential safety threat involving several Member States, the competent authorities concerned shall assist each other in carrying out the necessary oversight action. |
CAO.B.030 Responsibilities
The competent authority shall conduct the necessary inspections and investigations in order to verify and ensure that the organisations for which it is responsible in accordance with point CAO.1 meets the requirements of Section A of this Annex.
CAO.B.035 Exemptions
Where a Member State grants an exemption from the requirements of this Annex in accordance with paragraph 2 of Article 71 of Regulation (EU) 2018/1139, the competent authority shall record the exemption. It shall retain those records as provided for in point (b)(6) of point CAO.B.020.
CAO.B.040 Application
Where facilities of the CAO are located in more than one Member State, the initial certification procedure and continued oversight of the approval shall be carried out in cooperation with the competent authorities designated by the Member States in whose territory the other facilities are located.
CAO.B.045 Initial certification procedure
(a) |
Where it has been established that the organisation meets the requirements laid down in points (a) and (b) of CAO.A.035, the competent authority shall formally notify the applicant about the acceptance of the personnel. |
(b) |
The competent authority shall ensure that the procedures specified in the CAE comply with Section A, and that the accountable manager has signed the commitment statement referred to in point (a)(1) of CAO.A.025. |
(c) |
The competent authority shall verify that the organisation complies with Section A. |
(d) |
The competent authority shall convene a meeting with the accountable manager at least once during the investigation for approval to ensure that he or she fully understand the significance of the approval and the statement referred to in point (a)(1) of CAO.A.025 |
(e) |
All findings in accordance with point CAO.B.060 shall be confirmed in writing to the applicant organisation. |
(g) |
Before issuing the approval the competent authority shall close all be findings after the organisation has corrected them. |
(h) |
By derogation from points (a) to (g) and from point (a) of point CAO.B.50, for organisations applying for a an approval in accordance with this Annex on the basis of an existing organisation approval issued in accordance with Subpart F or Subpart G of Annex I (Part-M) or Annex II (Part-145), in accordance with point (4) of Article 4, the competent authority shall:
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CAO.B.050 Issuance of the initial certificate
(a) |
Where the competent authority has established that the applicant complies with CAO.B.45, it shall issue the certificate, using the EASA Form 3-CAO template laid down in Appendix I and specifying the terms of approval. |
(b) |
The competent authority shall include the reference number of the CAO as specified in the EASA Form 3-CAO template laid down in Appendix I. |
CAO.B.055 Continuing oversight
(a) |
The competent authority shall establish and keep up-to-date, an oversight programme, specifying all CAOs to which it has issued a certificate and the dates at which it has audited and is scheduled to audit those CAOs. |
(b) |
The competent authority shall audit, at, periods not exceeding 24 months each CAO to which it has issued an approval. Those audits shall concentrate, in particular, on the changes to the organisation notified to it in accordance with the procedure specified in point (b) of point CAO.A.105. |
(c) |
A relevant sample of the aircraft managed by the CAO, if the organisation is approved to do so, shall be surveyed at every 24-month period. The size of the sample shall be decided by the competent authority based on the result of prior audits and earlier product surveys. |
(d) |
The competent authority shall confirm in writing any finding during those audits to the CAO. |
(e) |
The competent authority shall record any findings during those audits, any actions required to close the findings and any recommendations issued. |
(f) |
The competent authority shall convey a meeting with the accountable manager of the CAO at least once every 24 months. |
CAO.B.060 Findings
(a) |
When during audits or by any other means, evidence is found showing non-compliance to the Part-CAO requirements, the competent authority shall take the following actions:
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(b) |
Action shall be taken by the competent authority to suspend in whole or in part the approval in case of failure to comply within the timescale set out by the competent authority. |
CAO.B.065 Changes
(a) |
Upon receiving an application for a change in accordance with point (a) of point CAO.A.105, the competent authority shall verify the organisation's compliance with the applicable requirements before issuing the approval of the change. |
(b) |
The competent authority may indicate the conditions under which the CAO shall operate during the change unless the competent authority determines that the organisation's certificate shall be suspended because of the nature or extent of the changes. |
(c) |
For changes not requiring prior approval, the competent authority shall assess during the oversight activities that the CAO complies with the approved control procedure provided for in point (b) of point CAO.A.105 and complies with the applicable requirements. |
CAO.B.070 Suspension, limitation and revocation
The competent authority shall:
(a) |
suspend an approval on reasonable grounds in the case of a potential safety threat; or |
(b) |
suspend, revoke or limit an approval pursuant to point CAO.B.060. |
Appendix I
Combined airworthiness organisation (CAO) certificate – EASA Form 3-CAO
(a) |
Within the approval class(es) and rating(s) established by the competent authority, the scope of work specified in the CAE defines the exact limits of approval. It is therefore essential that the approval class(es) and rating(s) and the organisations scope of work are matching. |
(b) |
An aircraft rating, in relation to the maintenance privileges, means that the CAO may carry out maintenance on the aircraft and any component (including engines), in accordance with aircraft maintenance data or, if agreed by the competent authority, in accordance with component maintenance data, only whilst such components are fitted to the aircraft. Nevertheless, such aircraft-rated CAO may temporarily remove a component for maintenance in order to improve access to that component except when such removal creates the need for additional maintenance not eligible for the requirements of point (b). This will be subject to a control procedure in the CAE to be approved by the competent authority. |
(c) |
An engine rating (turbine, piston or electrical) means that the CAO may carry out maintenance on the uninstalled engine and engine components, in accordance with engine maintenance data or, if agreed by the competent authority, in accordance with component maintenance data, only whilst such components are fitted to the engine. Nevertheless, such engine-rated CAO may temporarily remove a component for maintenance in order to improve access to that component except when such removal creates the need for additional maintenance not eligible for the requirements of point (c). An engine-rated CAO may also carry out maintenance on an installed engine during base and line maintenance subject to a control procedure in the CAE to be approved by the competent authority. |
(d) |
A component rating (other-than-complete engines) means that the CAO may carry out maintenance on uninstalled components (excluding complete engines) intended for fitment to the aircraft or engine. This CAO may also carry out maintenance on an installed component (other-than-complete engines) during base and line maintenance or at an engine maintenance facility subject to a control procedure in the CAE to be approved by the competent authority. |
(e) |
An non-destructive testing (NDT) rating is a self-contained rating not necessarily related to a specific aircraft, engine or other component. The NDT rating is only necessary for a CAO that carries out NDT as a particular task for another organisation. A CAO approved with an aircraft, engine or component rating may carry out NDT on products they are maintaining subject to the CAE containing NDT procedures, without the need for an NDT rating. |