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Document 32023R0989
Commission Implementing Regulation (EU) 2023/989 of 22 May 2023 amending Regulation (EU) No 1321/2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, and correcting that Regulation
Commission Implementing Regulation (EU) 2023/989 of 22 May 2023 amending Regulation (EU) No 1321/2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, and correcting that Regulation
Commission Implementing Regulation (EU) 2023/989 of 22 May 2023 amending Regulation (EU) No 1321/2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, and correcting that Regulation
C/2023/3206
OJ L 135, 23.5.2023, p. 53–110
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
23.5.2023 |
EN |
Official Journal of the European Union |
L 135/53 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/989
of 22 May 2023
amending Regulation (EU) No 1321/2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, and correcting that Regulation
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) thereof,
Whereas:
(1) |
Commission Regulation (EU) No 1321/2014 (2) lays down the requirements for the continuing airworthiness of aircraft, including the qualifications and licences of the personnel responsible for the release to service of products after maintenance. |
(2) |
The term ‘complex motor-powered aircraft’ had been defined in Article 3, point (j), of Regulation (EC) No 216/2008 of the European Parliament and of the Council (3), and was repealed by Regulation (EU) 2018/1139. In accordance with Article 140(2), point (b), of Regulation (EU) 2018/1139, Regulation (EU) No 1321/2014 is to be adapted to Regulation (EU) 2018/1139 as regards the definition of that term. |
(3) |
In order to enhance the efficiency of the maintenance licencing and training system, it is necessary to introduce changes to the requirements on maintenance licences and training organisations set out in Annex III (Part-66) and Annex IV (Part-147) to Regulation (EU) No 1321/2014. |
(4) |
In particular, it is necessary to facilitate the type rating endorsement of aircraft on the maintenance licenses when there are no organisations approved in accordance with Annex IV to Regulation (EU) No 1321/2014 offering type training on that aircraft, maintaining the same level of safety and a level playing field. It is also necessary to update the basic training syllabus of the certifying staff involved in the aircraft maintenance, enhance the efficiency of the ‘on-the-job training’ required for the first type rating endorsement in the maintenance licence category and to introduce new training methods and teaching technologies and other improvements as part of the regular update of the rules in that Annex. |
(5) |
Regulation (EU) No 1321/2014 should therefore be amended accordingly. |
(6) |
The amendments are based on Opinion No 07/2022 (4) of the European Union Aviation Safety Agency in accordance with Article 75(2), point (b), and Article 76(1) of Regulation (EU) 2018/1139. |
(7) |
A sufficient transition period should be provided for maintenance training organisations and licencing authorities to ensure their compliance with the new rules and procedures introduced by this Regulation. |
(8) |
Commission Implementing Regulation (EU) 2022/1360 (5) amended Regulation (EU) No 1321/2014 to include references to data and information used for continuing airworthiness established in accordance with the new Annex Ib to Commission Regulation (EU) No 748/2012 (6). |
(9) |
Implementing Regulation (EU) 2022/1360 inadvertently deleted point (3) of point M.A.302(d) of Annex I (Part-M) to Regulation (EU) No 1321/2014 and points (3) to (9) of point ML.A.302(c) of Annex Vb (Part-ML) to that Regulation, which should have been retained. Implementing Regulation (EU) 2022/1360 also inadvertently added another point (e) to point M.A.502 of Annex I (Part-M) to Regulation (EU) No 1321/2014 instead of replacing it. |
(10) |
Regulation (EU) No 1321/2014 should therefore be corrected accordingly. |
(11) |
The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 1321/2014 is amended as follows:
(1) |
Article 2 is amended as follows:
|
(2) |
Article 6 is amended as follows:
|
(3) |
Annex III (Part-66) is amended in accordance with Annex I to this Regulation; |
(4) |
Annex IV (Part-147) is amended in accordance with Annex II to this Regulation. |
Article 2
Regulation (EU) No 1321/2014 is corrected as follows:
(1) |
Annex I (Part-M) is corrected in accordance with Annex III to this Regulation; |
(2) |
Annex Vb (Part-ML) is corrected in accordance with Annex IV to this Regulation. |
Article 3
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 12 June 2024.
However, Article 1(1) and Article 2 shall apply from 12 June 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 2023.
For the Commission
The President
Ursula VON DER LEYEN
(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 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1).
(4) https://www.easa.europa.eu/document-library/opinions
(5) Commission Implementing Regulation (EU) 2022/1360 of 28 July 2022 amending Regulation (EU) No 1321/2014 as regards the implementation of more proportionate requirements for aircraft used for sport and recreational aviation (OJ L 205, 5.8.2022, p. 115).
(6) 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).
ANNEX I
ANNEX III (Part-66) to Regulation (EU) No 1321/2014 is amended as follows:
(1) |
the table of contents is amended as follows:
|
(2) |
point 66.A.5 is amended as follows:
|
(3) |
in point 66.A.10, point (e) is replaced by the following:
|
(4) |
in point 66.A.20(a)(7), the following paragraph is added: ‘A Category C aircraft maintenance licence issued with respect to complex motor-powered aircraft shall include the privileges of category C aircraft maintenance licence also with respect to other than complex motor-powered aircraft.’; |
(5) |
point 66.A.25 is replaced by the following:
|
(6) |
point 66.A.30 is amended as follows:
|
(7) |
in point 66.A.40, point (b) is replaced by the following:
|
(8) |
point 66.A.45(d) is amended as follows:
|
(9) |
in point 66.A.45(h)(ii)(3), the third paragraph is deleted; |
(10) |
the following point 66.B.2 is inserted:
|
(11) |
point 66.B.105 is amended as follows:
|
(12) |
in point 66.B.110, point (d) is replaced by the following:
|
(13) |
in point 66.B.130, the following point (c) is added:
|
(14) |
the following point 66.B.135 is added:
|
(15) |
point 66.B.200 is amended as follows:
|
(16) |
in Subpart E, the first sentence is replaced by the following: ‘This Subpart provides the procedures for granting examination credits referred to in point 66.A.25(d).’; |
(17) |
in point 66.B.400, the following point (d) is added:
|
(18) |
in point 66.B.405(a), the second paragraph is replaced by the following: ‘This comparison shall state whether compliance has been demonstrated and shall contain the justifications for each statement and the possible conditions or additional considerations, or both.’; |
(19) |
Appendix I is amended as follows:
|
(20) |
Appendix II is amended as follows:
|
(21) |
Appendix III is amended as follows:
|
(22) |
Appendix IV is replaced by the following: ‘Appendix IV Experience and basic knowledge modules or partial modules required for extending an aircraft maintenance licence under Annex III (Part-66) A. Experience requirements Table A below shows the experience requirements, in months, for adding a new category or subcategory to a licence granted in accordance with Annex III (Part-66). The experience requirements can be reduced by 50 % if the applicant has completed an approved Part-147 basic training course relevant to a particular subcategory. Table A
B. Basic knowledge modules or partial modules required The purpose of this table is to outline the examinations required to add a new basic category/subcategory to an AML granted in accordance with this Annex. The syllabi prepared in accordance with Appendix I and Appendix VII require different levels of knowledge for different licence categories within a module; therefore, there are additional examinations applicable to certain modules for licence holders wishing to extend an AML granted in accordance with this Annex to include another category/subcategory and an analysis of the module shall be conducted to determine the subjects missing or passed at a lower level. Table B
SQ = it depends on system qualification
|
(23) |
The EASA Form 26 contained in Appendix VI is amended as follows:
|
(24) |
Appendix VII is replaced by the following: ‘Appendix VII Basic knowledge requirements for a category L aircraft maintenance licence The definitions of the different levels of knowledge required in this Appendix are the same as those set out in point 1 of Appendix I. 1. Modularisation The modules required for each aircraft licence subcategory/category shall be in accordance with the following matrix. Where applicable, the subject modules are indicated by an ‘X’, while ‘n/a’ means that the subject module is not applicable nor required. The basic knowledge requirement for L5 shall be the same as for any B1 subcategory (as indicated in Appendix I) plus other modules as shown in the matrix.
MODULE 1L – BASIC KNOWLEDGE
MODULE 2L – HUMAN FACTORS
MODULE 3L – AVIATION LEGISLATION
MODULE 4L – WOODEN AND/OR METAL-TUBE STRUCTURE COVERED WITH FABRIC
MODULE 5L – COMPOSITE STRUCTURE
MODULE 6L – METALLIC STRUCTURE
MODULE 7L – AIRFRAME – GENERAL, MECHANICAL AND ELECTRICAL SYSTEMS
MODULE 8L – POWER PLANT
MODULE 9L – BALLOONS – HOT-AIR BALLOONS
MODULES 10L – BALLOONS – GAS (FREE/TETHERED) BALLOONS
MODULES 11L – AIRSHIPS – HOT-AIR/GAS AIRSHIPS
MODULE 12L – RADIO COM/ELT/TRANSPONDER/INSTRUMENTS
|
(25) |
Appendix VIII is amended as follows:
|
(26) |
the following Appendix IX is added: ‘Appendix IX Assessment method for the multimedia-based training (MBT)
|
(*) Experience may be reduced by 50 % but allowing a licence with limitations, i.e. a licence endorsed with the exclusion of ‘complex maintenance tasks provided for in Appendix VII to Annex I (Part-M), standard changes provided for in point 21.A.90B of Annex I (Part 21) to Regulation (EU) No 748/2012, and standard repairs provided for in point 21.A.431B of Annex I (Part 21) to Regulation (EU) No 748/2012’.
(*1) Only applicable propulsion subjects of Module 8L are required; these depend on the B1 subcategory the applicant comes from.
ANNEX II
ANNEX IV (Part-147) to Regulation (EU) No 1321/2014 is amended as follows:
(1) |
in the table of contents, point 147.A.305 is replaced by the following: ‘147.A.305 Aircraft type evaluation and task assessment’; |
(2) |
point 147.A.100 is amended as follows:
|
(3) |
in point 147.A.105, point (c) is replaced by the following:
|
(4) |
point 147.A.115 is amended as follows:
|
(5) |
in point 147.A.120, the following point (c) is added:
|
(6) |
in point 147.A.135, the following point (d) is added:
|
(7) |
in point 147.A.145, point (b) is replaced by the following:
|
(8) |
point 147.A.200 is amended as follows:
|
(9) |
point 147.A.305 is replaced by the following:
|
(10) |
Appendix III is amended as follows:
|
ANNEX III
Annex I (Part-M) to Regulation (EU) No 1321/2014 is corrected as follows:
(1) |
in point M.A.302, point (d) is replaced by the following:
|
(2) |
point M.A.502 is replaced by the following: ‘M.A.502 Component maintenance
|
ANNEX IV
In point ML.A.302 of Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, point (c) is replaced by the following:
‘(c) |
The AMP:
|