17.9.2015 |
EN |
Official Journal of the European Union |
L 241/16 |
COMMISSION REGULATION (EU) 2015/1536
of 16 September 2015
amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Articles 5(5) and 8(5) thereof,
Whereas:
(1) |
Commission Regulation (EU) No 1321/2014 (2) establishes detailed rules on the continuing airworthiness of aircraft and aeronautical products, parts and appliances. |
(2) |
Annex IV to Regulation (EC) No 216/2008 establishes continuing airworthiness requirements for the operation of aircraft, including requirements for organisations managing the continuing airworthiness of complex motor-powered aircraft and aircraft operated for commercial purposes. Regulation (EU) No 1321/2014 should be updated to ensure that those requirements are implemented. |
(3) |
It is necessary to establish the conditions under which air carriers licenced in accordance with Regulation (EC) No 1008/2008 of the European Parliament and of the Council (3) may operate aircraft registered in a third country, in order to ensure that the relevant essential requirements set out in Annex IV to Regulation (EC) No 216/2008 are complied with. |
(4) |
It is necessary to ensure uniform application of the requirements of the aircraft continuing airworthiness monitoring programme within the Union. To that end, the provisions contained in Annex I to Regulation (EU) No 1321/2014 concerning the implementation by the competent authorities of an aircraft continuing airworthiness monitoring programme should be amended. |
(5) |
It is necessary to mitigate the risks associated to the performance of maintenance and in particular to ensure that the necessary measures are taken by the persons and organisations concerned to detect errors made during the performance of maintenance that may affect flight safety. Therefore, the requirements for performance of maintenance set out in Annex I and Annex II to Regulation (EU) No 1321/2014 should be amended. |
(6) |
Regulation (EU) No 1321/2014 should therefore be amended accordingly. |
(7) |
It is necessary to provide sufficient time for the aeronautical industry and Member States' administrations to adapt to the amended regulatory framework. A differed application date should therefore be provided for this Regulation as a whole. |
(8) |
The measures provided for in this Regulation are in accordance with the opinion of the European Aviation Safety Agency submitted pursuant to Article 19(1) of Regulation (EC) No 216/2008. |
(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 1321/2014 is amended as follows:
(1) |
Article 1 is replaced by the following: ‘Article 1 Subject-matter and scope This Regulation establishes common technical requirements and administrative procedures to ensure:
(*1) 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).’." |
(2) |
Article 2 is amended as follows:
|
(3) |
Article 3 is amended as follows:
|
(4) |
In Article 4, paragraph 1 is replaced by the following: ‘1. Maintenance organisation approvals shall be issued in accordance with the provisions of Annex I, Subpart F, or Annex II.’ |
(5) |
Article 8 is amended as follows:
|
(6) |
Annex I (Part-M) is amended in accordance with Annex I to this Regulation. |
(7) |
Annex II (Part-145) is amended in accordance with Annex II to this Regulation. |
(8) |
Annex III (Part-66) is amended in accordance with Annex III to this Regulation. |
(9) |
The text set out in Annex IV to this Regulation is inserted as Annex Va (Part-T). |
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 25 August 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 September 2015.
For the Commission
The President
Jean-Claude JUNCKER
(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).
ANNEX I
Annex I (Part-M) to Regulation (EU) No 1321/2014 is amended as follows:
(1) |
The table of contents is amended as follows:
|
(2) |
In point M.1, point 4 is replaced by the following:
|
(3) |
In point M.A.201, points (d), (e), (f), (g), (h), (i) and (j) are replaced by the following:
|
(4) |
Point M.A.301 is amended as follows:
|
(5) |
Point M.A.302 is amended as follows:
|
(6) |
In point M.A.305, point 2 of point (b) is replaced by the following:
|
(7) |
Point M.A.306 is amended as follows:
|
(8) |
Point M.A.402 is replaced by the following: ‘M.A.402 Performance of maintenance Except for maintenance performed by a maintenance organisation approved in accordance with Annex II (Part-145), any person or organisation performing maintenance shall:
|
(9) |
In point M.A.403, points (b) and (c) are replaced by the following
|
(10) |
In point M.A.502, point (d) is replaced by the following:
|
(11) |
In point M.A.504, point (b) is replaced by the following:
|
(12) |
Point M.A.601 is replaced by the following: ‘M.A.601 Scope This Subpart establishes the requirements to be met by an organisation to qualify for the issue or continuation of an approval for the maintenance of aircraft other than complex motor powered aircraft and components to be installed therein not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008.’; |
(13) |
Point M.A.606 is amended as follows: Point (g) is replaced by the following:
|
(14) |
In point M.A.703, point (b) is replaced by the following:
|
(15) |
In point M.A.704 point (a), point 9 is replaced by the following:
|
(16) |
Point M.A.706 is amended as follows:
|
(17) |
Point M.A.707 is amended as follows: Point (a) is replaced by the following:
|
(18) |
Point M.A.708 is amended as follows:
|
(19) |
In point M.A.709, point (b) is replaced by the following:
|
(20) |
In point M.A.711 point (a), points 1 and 2 are replaced by the following:
|
(21) |
In point M.A.712 points (e) and (f) are replaced by the following:
|
(22) |
In point M.A.801, points (c) and (d) are replaced by the following:
|
(23) |
In point M.A.803, point (b) is replaced by the following:
|
(24) |
Point M.A.901 is amended as follows:
|
(25) |
In point M.B.105, point (a) is replaced by the following:
|
(26) |
Points M.B.303 and M.B.304 are replaced by the following: ‘M.B.303 Aircraft continuing airworthiness monitoring
M.B.304 Revocation and suspension The competent authority shall:
|
(27) |
In point M.B.701, point (a) is replaced by the following:
|
(28) |
In M.B.703, point (d) is replaced by the following:
|
(29) |
In point M.B.902 point (b) is replaced by the following:
|
(30) |
Appendix I is replaced by the following: ‘Appendix I Continuing airworthiness management contract
|
(31) |
Appendix VI is replaced by the following: ‘Appendix VI Continuing Airworthiness Management Organisation Approval referred to in Annex I (Part-M) Subpart G
|
(32) |
In Appendix VIII: Limited Pilot-Owner Maintenance, point 1 of point (b) is replaced by the following
|
ANNEX II
Annex II (Part-145) to Regulation (EU) No 1321/2014 is amended as follows:
(1) |
The table of contents is amended as follows:
|
(2) |
In point 145.A.30, points (h) and (i) are replaced by the following:
|
(3) |
The following point 145.A.48 is inserted: ‘145.A.48 Performance of maintenance The organisation shall establish procedures to ensure that:
|
(4) |
In point 145.A.65, point (b) is replaced by the following:
|
ANNEX III
Annex III (Part-66) to Commission Regulation (EU) No 1321/2014 is amended as follows:
(1) |
In point 66.A.30 point (a), points (3) and 4 are replaced by the following:
|
(2) |
In point 66.A.70, point (d) is replaced by the following:
|
(3) |
Appendix V is replaced by the following: |
(4) |
Appendix VI is replaced by the following: ‘Appendix VI Aircraft Maintenance Licence referred to in Annex III (Part-66):
|
ANNEX IV
The following Annex Va (Part-T) is added to Regulation (EU) No 1321/2014:
‘ANNEX Va
PART-T
Contents
T.1 |
Competent authority |
Section A — |
Technical requirements |
Subpart A — |
GENERAL |
T.A.101 |
Scope |
Subpart B — |
REQUIREMENTS |
T.A.201 |
Responsibilities |
Subpart E — |
MAINTENANCE ORGANISATION |
Subpart G — |
ADDITIONAL REQUIREMENTS FOR CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATIONS APPROVED PURSUANT TO ANNEX I (PART-M) SUBPART G |
T.A.701 |
Scope |
T.A.704 |
Continuing airworthiness management exposition |
T.A.706 |
Personnel requirements |
T.A.708 |
Continuing airworthiness management |
T.A.709 |
Documentation |
T.A.711 |
Privileges |
T.A.712 |
Quality system |
T.A.714 |
Record-keeping |
T.A.715 |
Continued validity of approval |
T.A.716 |
Findings |
Section B — |
Procedures for competent authorities |
Subpart A — |
GENERAL |
T.B.101 |
Scope |
T.B.102 |
Competent authority |
T.B.104 |
Record-keeping |
Subpart B — |
ACCOUNTABILITY |
T.B.201 |
Responsibilities |
T.B.202 |
Findings |
Subpart G — |
ADDITIONAL REQUIREMENTS FOR CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATIONS APPROVED PURSUANT TO ANNEX I (PART-M) SUBPART G |
T.B.704 |
Continuing oversight |
T.B.705 |
Findings |
T.1 Competent authority
For the purpose of this Part, the competent authority for the oversight of the aircraft and the organisations shall be the authority designated by the Member State that has issued the Air Operator Certificate to the operator.
SECTION A
TECHNICAL REQUIREMENTS
SUBPART A
GENERAL
T.A.101 Scope
This section establishes requirements to ensure that continuing airworthiness of aircraft referred to in Article 1(b) is maintained in compliance with the essential requirements of Annex IV to Regulation (EC) No 216/2008
It also specifies the conditions to be met by the persons and organisations responsible for management of the continuing airworthiness and maintenance of such aircraft.
SUBPART B
CONTINUING AIRWORTHINESS
T.A.201 Responsibilities
1. |
|
2. |
The tasks specified in T.A.201 (1) shall be controlled by the operator's continuing airworthiness management organisation. For this purpose the organisation shall comply with the additional requirements of T.A. Subpart G |
3. |
The continuing airworthiness management organisation referred to in (2) shall ensure that the maintenance and release of the aircraft are performed by a maintenance organisation meeting the requirements of Subpart E. For this purpose, when the continuing airworthiness management organisation does not meet the requirements of subpart E itself, it shall establish a contract with such organisations. |
SUBPART E
MAINTENANCE ORGANISATION
The continuing airworthiness management organisation shall ensure that the aircraft and its components are maintained by organisations complying with the following requirements:
(1) |
The organisation holds a maintenance organisation approval issued or acceptable to the State of Registry. |
(2) |
The scope of approval of the organisation includes the appropriate aircraft and/or component capability. |
(3) |
The organisation has established an occurrence reporting system which ensures that any identified condition of an aircraft or component which endangers the flight safety is reported to the operator, the competent authority of the operator, the organisation responsible for the type design or supplemental type design and the continuing airworthiness management organisation. |
(4) |
The organisation has established an organisation's manual providing a description of all the procedures of the organisation. |
SUBPART G
ADDITIONAL REQUIREMENTS FOR CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATIONS APPROVED PURSUANT TO ANNEX I (PART-M) SUBPART G
T.A.701 Scope
This Subpart establishes the requirements to be met in addition to the requirements of Part-M Subpart G by an organisation approved in accordance with Part-M Subpart G to control the tasks specified in T.A.201
T.A.704 Continuing airworthiness management exposition
In addition to the requirements of M.A.704, the exposition shall contain procedures specifying how the continuing airworthiness management organisation ensures compliance with Part-T
T.A.706 Personnel requirements
In addition to the requirements of M.A.706, the M.A.706 (c) and (d) personnel shall have adequate knowledge of the applicable third country regulations.
T.A.708 Continuing airworthiness management
Notwithstanding M.A.708, for aircraft managed under the requirements of Part-T the approved continuing airworthiness management organisation shall:
(a) |
ensure that the aircraft is taken to a maintenance organisation whenever necessary; |
(b) |
ensure that all maintenance is carried out in accordance with the maintenance programme; |
(c) |
ensure the application of the T.A.201 (1)(f) mandatory information; |
(d) |
ensure that all defects discovered during scheduled maintenance or reported are corrected by the maintenance organisation in accordance with the maintenance data acceptable to the State of Registry; |
(e) |
coordinate scheduled maintenance, the application of the T.A.201 (1)(f) mandatory information, the replacement of life-limited parts, and component inspection to ensure the work is carried out properly; |
(f) |
manage and archive the continuing airworthiness records required by T.A.201 (1)(j); |
(g) |
ensure that modifications and repairs are approved in accordance with the requirements of the State of Registry. |
T.A.709 Documentation
Notwithstanding M.A.709(a) and (b), for every aircraft managed following the requirements of Part-T the continuing airworthiness management organisation shall hold and use applicable maintenance data acceptable to the State of Registry.
T.A.711 Privileges
A continuing airworthiness management organisation approved in accordance with Part-M Subpart G may perform the tasks specified in T.A.708 for the aircraft included in its Air Operator Certificate provided that the organisation has established procedures, approved by the competent authority, to ensure compliance with Part-T.
T.A.712 Quality system
In addition to the requirements of M.A.712, the continuing airworthiness management organisation shall ensure that the quality system monitors that all the activities under this Subpart are performed in accordance with the approved procedures.
T.A.714 Record-keeping
In addition to the requirements of M.A.714(a), the organisation shall keep the records required by T.A.201(1)(j).
T.A.715 Continued validity of approval
In addition to the conditions of M.A.715(a) for an organisation managing the continuing airworthiness pursuant this Subpart, the approval shall remain valid subject to:
(a) |
the organisation complying with the applicable requirements of Part-T; and |
(b) |
the organisation ensuring that any person authorised by the competent authority is granted access to any of its facilities, aircraft or documents related to its activities, including any subcontracted activities, to determine compliance with this Part. |
T.A.716 Findings
After receipt of notification of findings according to T.B.705, the continuing airworthiness management organisation approval shall define a corrective action plan and demonstrate corrective action to the satisfaction of the competent authority within a period agreed with this authority.
SECTION B
ADDITIONAL PROCEDURES FOR COMPETENT AUTHORITIES
SUBPART A
GENERAL
T.B.101 Scope
This Section establishes the administrative requirements to be followed by the competent authorities in charge of the application and enforcement of Section A of this Part-T.
T.B.102 Competent authority
1. General
A Member State shall designate a competent authority with allocated responsibilities as referred to in T.1. This competent authority shall establish documented procedures and an organisational structure.
2. Resources
The number of staff shall be appropriate to carry out the requirements as detailed in this Section
3. Qualification and training
All staff involved in Part-T activities shall be appropriately qualified and have the appropriate knowledge, experience, initial training and continuation training to perform their allocated tasks.
4. Procedures
The competent authority shall establish procedures detailing how compliance with this Part is accomplished.
T.B.104 Record-keeping
1. |
The requirements of M.B.104(a), (b) and (c) of Annex I shall apply. |
2. |
The minimum records for the oversight of each aircraft shall include, at least, a copy of:
|
3. |
All records specified in T.B.104 shall be made available, upon request, to another Member State, the Agency or the State of Registry. |
4. |
The records specified in (2) shall be retained until 4 years after the end of the dry lease-in period. |
T.B.105 Mutual exchange of information
The requirements of M.B.105 of Annex I shall apply.
SUBPART B
ACCOUNTABILITY
T.B.201 Responsibilities
1. |
The competent authority as specified in T.1 is responsible for conducting inspections and investigations, including aircraft surveys, in order to verify that the requirements of this Part are complied with. |
2. |
The competent authority shall perform inspections and investigations before the approval of the dry lease in agreement in accordance with ARO.OPS.110 (a)(1), to verify that the requirements of T.A.201 are then complied with. |
3. |
The competent authority shall ensure coordination with the State of Registry as necessary to exercise the oversight responsibilities of the aircraft contained in this Annex Va (Part-T). |
T.B.202 Findings
1. |
A level 1 finding is any significant non-compliance with the Part-T requirements which lowers the safety standard and hazards seriously the flight safety. |
2. |
A level 2 finding is any non-compliance with the Part-T requirements which could lower the safety standard and possibly hazard the flight safety. |
3. |
When a finding is detected during inspections, investigations, aircraft surveys or by other means, the competent authority shall:
|
4. |
For level 1 findings, the competent authority shall require appropriate corrective action to be taken before further flight and notify the State of Registry. |
SUBPART G
ADDITIONAL REQUIREMENTS FOR CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATIONS APPROVED PURSUANT TO ANNEX I (PART-M) SUBPART G
T.B.702 Initial approval
In addition to the requirements of M.B.702, when the organisation's continuing airworthiness management exposition contains procedures to manage the continuing airworthiness of aircraft referred to in Article 1(b), the competent authority shall establish that those procedures comply with Part-T and it shall verify that the organisation complies with the Part-T requirements.
T.B.704 Continuing oversight
In addition to the requirements of M.B.704, a relevant sample of aircraft referred to in Article 1(b) managed by the organisation shall be surveyed in every 24-month period.
T.B.705 Findings
In addition to the requirements of M.B.705, for organisations managing the continuing airworthiness of aircraft referred to in Article 1(b) the competent authority shall also take actions when during audits, ramp inspections or by other means evidence is found showing non-compliance with the Part-T requirements.’