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 Text with EEA relevance

Article 1

Subject-matter and scope

This Regulation establishes common technical requirements and administrative procedures to ensure:

(a) the continuing airworthiness of aircraft, including any component for installation thereto, which are: (i) registered in a Member State, unless their regulatory safety oversight has been delegated to a third country and they are not used by an EU operator; or (ii) registered in a third country and used by an EU operator, where their regulatory safety oversight has been delegated to a Member State;

(b) compliance with the essential requirements set out in Regulation (EC) No 216/2008 for continuing airworthiness of aircraft registered in a third country and components for installation thereon for which their regulatory safety oversight has not been delegated to a Member State that are dry leased-in by a licence air carrier in accordance with Regulation (EC) No 1008/2008 of the European Parliament and the Council (¹).

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a) ‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth's surface;

(b) ‘certifying staff’ means personnel responsible for the release of an aircraft or a component after maintenance;

(c) ‘component’ means any engine, propeller, part or appliance;

(d) ‘continuing airworthiness’ means all of the processes ensuring that, at any time in its operating life, the aircraft complies with the airworthiness requirements in force and is in a condition for safe operation;

(e) ‘JAA’ means ‘Joint Aviation Authorities.’;

(f) ‘JAR’ means ‘Joint Aviation Requirements’;

(g) ‘commercial air transport (CAT) operation’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration;

(h) ‘maintenance’ means any one or combination of the following activities: overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;

(i) ‘organisation’ means a natural person, a legal person or part of a legal person. Such an organisation may be established at more than one location whether or not within the territory of the Member States;

(j) ‘pre-flight inspection’ means the inspection carried out before flight to ensure that the aircraft is fit for the intended flight;

(k) ‘ELA1 aircraft’ means the following manned European light aircraft: (i) an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft; (ii) a sailplane or powered sailplane of 1 200 kg MTOM or less; (iii) a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m³ for hot air balloons, 1 050 m³ for gas balloons, 300 m³ for tethered gas balloons; (iv) an airship designed for not more than four occupants and a maximum design lifting gas or hot air volume of not more than 3 400 m³ for hot air airships and 1 000 m³ for gas airships;

(ka) ‘ELA2 aircraft’ means the following manned European Light Aircraft: (i) an aeroplane with a Maximum Take-off Mass (MTOM) of 2 000 kg or less that is not classified as complex motor-powered aircraft; (ii) a sailplane or powered sailplane of 2 000 kg MTOM or less; (iii) a balloon; (iv) a hot air ship; (v) a gas airship complying with all of the following characteristics: — 3 % maximum static heaviness, — non-vectored thrust (except reverse thrust), — conventional and simple design of structure, control system and ballonet system, and — non-power assisted controls; (vi) a Very Light Rotorcraft;

(l) ‘LSA aircraft’ means a light sport aeroplane which has all of the following characteristics: (i) a Maximum Take-off Mass (MTOM) of not more than 600 kg; (ii) a maximum stalling speed in the landing configuration (VS0) of not more than 45 knots Calibrated Airspeed (CAS) at the aircraft's maximum certificated take-off mass and most critical centre of gravity; (iii) a maximum seating capacity of no more than two persons, including the pilot; (iv) a single, non-turbine engine fitted with a propeller; (v) a non-pressurised cabin;

(m) ‘principal place of business’ means the head office or the registered office of the undertaking within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;

(n) ‘critical maintenance task’ means a maintenance task that involves the assembly or any disturbance of a system or any part on an aircraft, engine or propeller that, if an error occurred during its performance, could directly endanger the flight safety;

(o) ‘commercial specialised operations’ means those operations subject to the requirements of Part-ORO, Subpart-SPO set out in Annex III to Commission Regulation (EU) No 965/2012 (²);

(p) ‘limited operations’ means the operations of other-than-complex motor-powered aircraft for: (i) cost-shared flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six; (ii) competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority; (iii) introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and approved in accordance with Commission Regulation (EU) No 1178/2011 (³), or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation; For the purpose of this Regulation, ‘limited operations’ are not considered as CAT operations or commercial specialised operations;

(q) ‘introductory flight’ means ‘introductory flight’ as defined in Article 2(9) of Regulation (EU) No 965/2012;

(r) ‘competition flight’ means ‘competition flight’ as defined in Article 2(10) of Regulation (EU) No 965/2012;

(s) ‘flying display’ means ‘flying display’ as defined in Article 2(11) of Regulation (EU) No 965/2012;

(t) ‘management systems harmonisation’ means the coordinated process by which the management systems of two or more organisations interact and share information and methods to reach common or consistent safety and compliance monitoring objectives;

(u) ‘complex motor-powered aircraft’ means: (i) an aeroplane: — with a maximum certified take-off mass exceeding 5 700  kg, or — certified for a maximum passenger seating configuration of more than 19, or — certified for operation with a minimum crew of at least two pilots, or — equipped with (a) turbojet engine(s) or more than one turboprop engine; or (ii) a helicopter certified: — for a maximum take-off mass exceeding 3 175  kg, or — for a maximum passenger seating configuration of more than nine, or — for operation with a minimum crew of at least two pilots; or (iii) a non-conventional aircraft certified: — for a maximum take-off mass exceeding 5 700  kg, or — for a maximum take-off mass exceeding 3 175  kg if it can maintain zero horizontal speed in flight, or — for a maximum passenger seating configuration of more than nine;

(v) ‘aeroplane’ means an engine-driven fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings;

(w) ‘rotorcraft’ means a power-driven, heavier-than-air aircraft that depends principally for its support in flight on the lift generated by up to two rotors;

(x) ‘helicopter’ means a type of rotorcraft supported in flight chiefly by the reactions of the air on up to two power-driven rotors on substantially vertical axes;

(y) ‘non-conventional aircraft’ means an aircraft other than an aeroplane, helicopter, sailplane, balloon or airship.

Article 3

Continuing airworthiness requirements

The requirements of Annex Vb (Part-ML) shall apply to the following other than complex motor-powered aircraft:

(a) aeroplanes of 2 730 kg maximum take-off mass or less;

(b) helicopters of 1 200 kg maximum take-off mass or less, certified for a maximum of up to four occupants;'

(c) other ELA2 aircraft;

(d) non-conventional aircraft with a maximum take-off mass of: (i) 1 200  kg or less if they can maintain zero horizontal speed in flight; or (ii) 2 730  kg or less for other than those in point (i).

Where an aircraft referred to in 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) to this Regulation shall apply.

In order to be listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008, an aircraft referred to in paragraph 2, first subparagraph, shall comply with all of the following requirements:

(a) its aircraft maintenance programme has been approved by the competent authority in accordance with point M.A.302 of Annex I (Part-M);

(b) due maintenance required by the maintenance programme referred to in point (a) has been performed and certified in accordance with point 145.A.48 and 145.A.50 of Annex II (Part-145);

(c) an airworthiness review has been performed and a new airworthiness review certificate has been issued in accordance with point M.A.901 of Annex I (Part-M).

Article 4

Approvals for organisations involved in the continuing airworthiness

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).

By way of derogation from point CAO.B.060 of Annex Vd (Part-CAO), until 24 March 2022, the organisation may correct any findings of non-compliance related to requirements introduced by Annex Vd (Part- CAO) which are not included in Subpart F or Subpart G of Annex I (Part-M) or in Annex II (Part-145).

If after 24 March 2022 the organisation has not closed these findings, the approval certificate shall be revoked, limited or suspended in whole or in part.

By way of derogation from point CAMO.B.350 of Annex Vc (Part- CAMO), until 24 March 2022, the organisation may correct any findings of non-compliance related to requirements introduced by Annex Vc (Part-CAMO) and not included in Subpart G of Annex I (Part-M).

If after 24 March 2022 the organisation has not closed these findings, the approval certificate shall be revoked, limited or suspended in whole or in part.

Where after 2 December 2024 the organisation has not closed such findings, the approval certificate shall be revoked, limited or suspended in whole or in part.

Article 5

Certifying staff

By way of derogation from points 66.A.3(1)(b) and 66.A.45(a) of Annex III (Part-66), until 13 February 2028, an aeroplane with electric power plant and MTOM below 5 700  kg may be endorsed in a licence with subcategory B1.1 or B1.2 when:

(a) the licence holder has at least 6 months of maintenance experience on aircraft covered by the licence (sub)category within the last 24 months;

(b) the aeroplane being endorsed is not the first aeroplane endorsed for the relevant (sub)category; and

(c) the licence holder has followed aircraft type training in accordance with Appendix III to Annex III (Part-66), followed the procedure for the direct approval of aircraft type training in point 66.B.130 of Annex III (Part-66) or followed the procedure described in point 66.A.45(da) of Annex III (Part-66).

Article 6

Requirements applicable to training organisations and competent authorities issuing licenses

Organisations involved in the training of personnel referred to in Article 5 shall be approved in accordance with Annex IV (Part-147) to be entitled:

(a) to conduct recognised basic training courses; and/or

(b) to conduct recognised type training courses; and

(c) to conduct examinations; and

(d) to issue training certificates.

Article 7

Regulation (EC) No 2042/2003 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VI.

Article 7a

Competent authorities

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:

(a) the areas of competence of each competent authority shall be clearly defined, in particular in terms of responsibilities and geographic limitations;

(b) coordination shall be established between those authorities in order to ensure effective certification and oversight of all organisations and persons subject to this Regulation within their respective remits.

Where necessary to carry out certification or oversight tasks under this Regulation, the competent authorities shall be empowered to:

(a) examine the records, data, procedures, and any other material relevant to the execution of the certification and/or oversight tasks;

(b) make copies or extracts from such records, data, procedures and other material;

(c) ask for an oral explanation on-site from any of the personnel of those organisations;

(d) enter relevant premises, operating sites or means of transport owned or used by those persons;

(e) perform audits, investigations, assessments, inspections, including unannounced inspections, in respect of those organisations;

(f) take or initiate enforcement measures as appropriate.

Article 8

Entry into force

By way of derogation from paragraph 1, Member States may elect not to apply:

(a) for the maintenance of piston-engine non-pressurised aeroplanes of 2 000 kg MTOM and below not involved in commercial air transport, until 28 September 2014, the requirement to have certifying staff qualified in accordance with Annex III (Part-66) contained in the following provisions: — points M.A.606(g) and M.A.801(b)2 of Annex I (Part-M), — points 145.A.30(g) and (h) of Annex II (Part-145);

(c) for aircraft registered in a third country and dry leased-in by air carriers licenced in accordance with Regulation (EC) No 1008/2008, until 25 August 2017, the requirements of Annex Va.

Until that time:

— The provisions of Annex I, point M.A.201(f) shall apply to complex motor-powered aircraft used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;

— The provisions of Annex I, point M.A.201(h) shall apply to other than complex motor-powered aircraft, used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;

— The provisions of Annex I, point M.A.306(a) shall apply to aircraft used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and aircraft used by operators requested by a Member State to hold a certificate for commercial operations;

— The provisions of Annex I, point M.A.801(c) shall apply to ELA1 not used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and not used by commercial ATOs;

— The provisions of Annex I, point M.A.803(b) shall apply to non-complex motor-powered aircraft of 2 730 kg MTOM and below, sailplane, powered sailplane or balloon, not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs;

— The provisions of Annex I, point M.A.901(g) shall apply to ELA1 aircraft not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs.

By way of derogation from paragraph 1:

(a) competent authorities or, where applicable, organisations may continue to issue certificates, previous issue, as laid down in Appendix III to Annex I (Part-M) or Appendix II and Appendix III to Annex IV (Part-147) to Regulation (EU) No 1321/2014, in force prior to 27 July 2015, until 31 December 2015.

(b) certificates issued before 1 January 2016 remain valid until they are changed, suspended or revoked.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

M.1

For the purpose of this Part, the competent authority shall be:

(i) the authority designated by the Member State where that organisation's principle place of business is located; (ii) the Agency if the organisation is located in a third country;

(i) the authority designated by the Member State of registry of the aircraft; (ii) if prior to the approval of the aircraft maintenance programme the Member State of registry agrees, one of the following: (a) the authority designated by the Member State where the operator has its principal place of business or, in case the operator has no principal place of business, the authority designated by the Member State where the operator has its place of establishment or where the operator resides; (b) the authority responsible for the oversight of the organisation managing the continuing airworthiness of the aircraft or with which the owner has concluded a limited contract in accordance with point (i)(3) of point M.A.201.