This document is an excerpt from the EUR-Lex website
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
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). ![]() 2. 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. ![]() |
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 thi |