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
- (b) Unsalvageable components shall not be permitted to re-enter the component supply system unless the mandatory life limitation has been extended or a repair solution has been approved in accordance with Regulation (EU) No 748/2012.
SUBPART F
MAINTENANCE ORGANISATION
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.
M.A.602 Application
An application for issue or change of a maintenance organisation approval shall be made on a form and in a manner established by the competent authority.
M.A.603 Extent of approval
- (a) An organisation involved in activities subject to this Subpart shall not exercise its activities unless approved by the competent authority. To that aim, the competent authority shall use the template set out in Appendix V.
- (b) The scope of work subject to approval shall be specified in the maintenance organisation manual in accordance with point M.A.604. Classes and ratings to be used for the approval of maintenance organisations are set out in Appendix IV of this Part.
- (c) An approved maintenance organisation may fabricate, in conformity with maintenance data, a restricted range of parts for the use in the course of undergoing work within its own facilities, as identified in the maintenance organisation manual.
M.A.604 Maintenance organisation manual
- (a) The maintenance organisation shall provide a manual containing at least the following information:
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- a statement signed by the accountable manager appointed in accordance with point M.A.606, point (a) which confirms that the organisation will at all times carry out its activities in accordance with the requirements of this Annex (Part-M) or Annex Vb (Part-ML), as applicable, and with the manual;
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- the organisation's scope of work, and;
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- the title(s) and name(s) of person(s) referred to in point M.A.606(b), and;
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- an organisation chart showing associated chains of responsibility between the person(s) referred to in point M.A.606(b), and;
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- a list of certifying staff and, if applicable, airworthiness review staff, with their scope of approval, and;
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- a list of locations where maintenance is carried out, together with a general description of the facilities, and;
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- procedures specifying how the maintenance organisation ensures compliance with this Part, and;
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- the maintenance organisation manual amendment procedure(s).
- (b) The maintenance organisation manual and its amendments shall be approved by the competent authority.
- (c) Notwithstanding point (b) minor amendments to the manual may be approved through a procedure (hereinafter called indirect approval).
M.A.605 Facilities
The organisation shall ensure that:
- (a) Facilities are provided for all planned work, specialised workshops and bays are segregated as appropriate, to ensure protection from contamination and the environment.
- (b) Office accommodation is provided for the management of all planned work including in particular, the completion of maintenance records.
- (c) Secure storage facilities are provided for components, equipment, tools and material. Storage conditions shall ensure segregation of unserviceable components and material from all other components, material, equipment and tools. Storage conditions shall be in accordance with the manufacturers' instructions and access shall be restricted to authorised personnel.
M.A.606 Personnel requirements
- (a) The organisation shall appoint an accountable manager, who has corporate authority for ensuring that all maintenance required by the customer can be financed and carried out to the standard required by this Part.
- (b) A person or group of persons shall be nominated with the responsibility of ensuring that the organisation is always in compliance with this Subpart. Such person(s) shall be ultimately responsible to the accountable manager.
- (c) All point (b) persons shall be able to show relevant knowledge, background and appropriate experience related to aircraft and/or component maintenance.
- (d) The organisation shall have appropriate staff for the normal expected contracted work. The use of temporarily sub-contracted staff is permitted in the case of higher than normally expected contracted work and only for personnel not issuing a certificate of release to service.
- (e) The qualification of all personnel involved in maintenance and airworthiness reviews shall be demonstrated and recorded.
- (f) Personnel who carry out specialised tasks such as welding, non-destructive testing/inspection other than colour contrast shall be qualified in accordance with an officially recognised standard.
- (g) The maintenance organisation shall have sufficient certifying staff to issue certificates of release to service for aircraft and components provided for in points M.A.612 and M.A.613. The staff shall comply with the following requirements:
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- Annex III (Part-66) in the case of aircraft;
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- Article 5(6) of this Regulation in the case of components.
- (h) By derogation from point (g), the organisation may use certifying staff qualified in accordance with the following provisions when providing maintenance support to operators involved in commercial operations, subject to appropriate procedures to be approved as part of the organisation's manual:
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- For a repetitive pre-flight airworthiness directive which specifically states that the flight crew may carry out such airworthiness directive, the organisation may issue a limited certifying staff authorisation to the aircraft commander on the basis of the flight crew licence held, provided that the organisation ensures that sufficient practical training has been carried out to ensure that such person can accomplish the airworthiness directive to the required standard;
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- In the case of aircraft operating away from a supported location the organisation may issue a limited certifying staff authorisation to the aircraft commander on the basis of the flight crew licence, provided that the organisation ensures that sufficient practical training has been carried out to ensure that such person can accomplish the task to the required standard.
- (i) If the organisation performs airworthiness reviews and issues the corresponding airworthiness review certificate for ELA1 aircraft not involved in commercial operations in accordance with point ML.A.903 of Annex Vb (Part-ML), it shall have airworthiness review staff qualified and authorised meeting all of the following requirements:
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- shall hold a certifying staff authorisation for the corresponding aircraft;
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- shall have at least three years of experience as certifying staff;
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- shall be independent from the continuing airworthiness management process of the aircraft being reviewed or shall have overall authority on the continuing airworthiness management process of the complete aircraft being reviewed;
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- shall have acquired knowledge of Subpart C of this Annex (Part-M) or Subpart C of Annex Vb (Part-ML);
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- shall have acquired proven knowledge of the procedures of the maintenance organisation relevant to the airworthiness review and issue of the airworthiness review certificate;
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- shall have been formally accepted by the competent authority after having performed an airworthiness review under the supervision of the competent authority or under the supervision of the organisation's airworthiness review staff in accordance with a procedure approved by the competent authority;
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- shall have performed at least one airworthiness review in the last twelve-month period.
M.A.607 Certifying staff and airworthiness review staff
- (a) In addition to point M.A.606(g), certifying staff can only exercise their privileges, if the organisation has ensured:
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- that certifying staff can demonstrate that they meet the requirements of point (b) of point 66.A.20 of Annex III (Part-66) or, where that Annex so requires, the requirements of the law of the Member State;
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- that certifying staff have an adequate understanding of the relevant aircraft and/or aircraft component(s) to be maintained together with the associated organisation procedures.
- (b) In the following unforeseen cases, where an aircraft is grounded at a location other than the main base where no appropriate certifying staff is available, the maintenance organisation contracted to provide maintenance support may issue a one-off certification authorisation:
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- to one of its employees holding type qualifications on aircraft of similar technology, construction and systems; or
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- to any person with not less than three years maintenance experience and holding a valid ICAO aircraft maintenance licence rated for the aircraft type requiring certification provided there is no organisation appropriately approved under this Part at that location and the contracted organisation obtains and holds on file evidence of the experience and the licence of that person. All such cases must be reported to the competent authority within seven days after issuing such certification authorisation. The approved maintenance organisation issuing the one-off certification authorisation shall ensure that any such maintenance that could affect flight safety is re-checked.
- (c) The approved maintenance organisation shall record all details concerning certifying staff and airworthiness review staff and maintain a current list of all certifying staff and airworthiness review staff together with their scope of approval as part of the organisation's manual pursuant to point M.A.604(a)5.
M.A.608 Components, equipment and tools
- (a) The organisation shall:
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- hold the equipment and tools specified in the maintenance data described in point M.A.609 or verified equivalents as listed in the maintenance organisation manual as necessary for day-to-day maintenance within the scope of the approval; and,
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- demonstrate that it has access to all other equipment and tools used only on an occasional basis.
- (b) Tools and equipment shall be controlled and calibrated to an officially recognised standard. Records of such calibrations and the standard used shall be kept by the organisation.
- (c) The organisation shall inspect, classify and appropriately segregate all incoming components, standard parts and materials.
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.
M.A.610 Maintenance work orders
Before the commencement of maintenance a written work order shall be agreed between the organisation and the organisation requesting maintenance to clearly establish the maintenance to be carried out.
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
- (a) Upon completion of all required component maintenance in accordance with this Subpart, a component CRS shall be issued in accordance with point M.A.802 of this Annex or with point ML.A.802 of Annex Vb (Part-ML), as applicable. An EASA Form 1 shall be issued, except for those components maintained in accordance with points (b) or (d) of point M.A.502, for components fabricated in accordance with point (c) of point M.A.603 of this Annex and for components in respect of which point ML.A.502 of Annex Vb (Part-ML) provides otherwise.
- (b) The component CRS document, EASA Form 1, may be generated from a computer system.
M.A.614 Maintenance and airworthiness review records
- (a) The approved maintenance organisation shall record all details of work carried out. Records necessary to prove all requirements have been met for the issue of the certificate of release to service including the subcontractor's release documents and for the issue of any airworthiness review certificate shall be retained.
- (b) The approved maintenance organisation shall provide a copy of each CRS to the aircraft owner or operator, together with a copy of any detailed maintenance records associated with the work carried out and necessary to demonstrate compliance with point M.A.305 of this Annex (Part-M) or ML.A.305 of Annex Vb (Part-ML), as applicable.
- (c) The approved maintenance organisation shall retain a copy of all maintenance records and any associated maintenance data for three years from the date the aircraft or aircraft component to which the work relates was released from the approved maintenance organisation. In addition, it shall retain a copy of all the records related to the issue of airworthiness review certificates for three years from the date of issue and shall provide a copy of them to the owner of the aircraft.
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- The records under this point shall be stored in a manner that ensures protection from damage, alteration, and theft.
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- All computer hardware used to ensure backup shall be stored in a different location from that containing the working data in an environment that ensures they remain in good condition.
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- Where an approved maintenance organisation terminates its operation, all retained maintenance records covering the last three years shall be distributed to the last owner or customer of the respective aircraft or component or shall be stored as specified by the competent authority.
M.A.615 Privileges of the organisation
The maintenance organisation approved in accordance with Subpart F, Section A of this Annex may:
- (a) maintain any aircraft and/or component for which it is approved at the locations specified in the approval certificate and the maintenance organisation manual;
- (b) arrange for the performance of specialised services under the control of the maintenance organisation at another organisation appropriately qualified, as described in the maintenance organisation manual;
- (c) maintain any aircraft or component for which it is approved at any location, where the need of such maintenance arises either from the unserviceability of the aircraft or from the necessity of supporting occasional maintenance and subject to compliance with the conditions specified in the maintenance organisation manual;
- (d) issue certificates of release to service, upon completion of maintenance, in accordance with point M.A.612 or M.A.613 of this Annex;
- (e) if specifically approved to do so for ELA1 aircraft not involved in commercial operations, perform airworthiness reviews and issue the corresponding airworthiness review certificate in accordance with the conditions specified in point ML.A.903 of Annex Vb (Part-ML).
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.
M.A.616 Organisational review
To ensure that the approved maintenance organisation continues to meet the requirements of this Subpart, it shall organise, on a regular basis, organisational reviews.
M.A.617 Changes to the approved maintenance organisation
In order to enable the competent authority to determine continued compliance with this Part, the approved maintenance organisation shall notify it of any proposal to carry out any of the following changes, before such changes take place:
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- the name of the organisation;
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- the location of the organisation;
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- additional locations of the organisation;
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- the accountable manager;
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- any of the persons specified in point M.A.606(b);
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- the facilities, equipment, tools, material, procedures, work scope, certifying staff and airworthiness review staff that could affect the approval.
In the case of proposed changes in personnel not known to the management beforehand, these changes shall be notified at the earliest opportunity.
M.A.618 Continued validity of approval
- (a) An approval shall remain valid until 24 March 2022, subject to:
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- the organisation remaining in compliance with this Part, in accordance with the provisions related to the handling of findings as specified under point M.A.619, and;
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- the competent authority being granted access to the organisation to determine continued compliance with this Part, and;
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- the approval not being surrendered or revoked;
- (b) Upon surrender or revocation, the approval certificate shall be returned to the competent authority.
M.A.619 Findings
- (a) A level 1 finding is any finding of significant non-compliance with the requirements of this Annex and Annex Vb (Part-ML) which lowers the safety standard and seriously endangers flight safety.
- (b) A level 2 finding is any finding of non-compliance with the requirements of this Annex and Annex Vb (Part-ML) which may lower the safety standard and may endanger flight safety.
- (c) After receipt of notification of findings according to point M.B.605, the holder of the maintenance 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.
SUBPART G
CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION
M.A.701 Scope
This Subpart establishes the requirements to be met by an organisation to qualify for the issue or continuation of an approval for the management of aircraft continuing airworthiness.
M.A.702 Application
An application for issue or change of a continuing airworthiness management organisation approval shall be made on a form and in a manner established by the competent authority.
M.A.703 Extent of approval
- (a) The approval is indicated on a certificate included in Appendix VI issued by the competent authority.
- (b) Notwithstanding point (a), for licenced air carriers in accordance with Regulation (EC) No 1008/2008, the approval shall be part of the air operator certificate issued by the competent authority, for the aircraft operated.
- (c) The scope of work deemed to constitute the approval shall be specified in the continuing airworthiness management exposition in accordance with point M.A.704.
M.A.704 Continuing airworthiness management exposition
- (a) The continuing airworthiness management organisation shall provide a continuing airworthiness management exposition containing the following information:
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- a statement signed by the accountable manager confirming that the organisation will at all times work in accordance with this Annex (Part-M) and Annex Vb (Part-ML), as applicable;
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- the organisation's scope of work, and;
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- the title(s) and name(s) of person(s) referred to in points M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i), and;
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- an organisation chart showing associated chains of responsibility between all the person(s) referred to in points M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i), and;
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- a list of the airworthiness staff referred to in point M.A.707, specifying, where applicable, the staff authorised to issue permits to fly in accordance with point M.A.711(c), and;
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- a general description and location of the facilities, and;
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- the procedures specifying how the organisation ensures compliance with this Annex (Part-M) and Annex Vb (Part-ML), as applicable, and;
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- the continuing airworthiness management exposition amendment procedures, and;
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- the list of approved aircraft maintenance programmes, or, for aircraft not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, the list of ‘generic’ and ‘baseline’ maintenance programmes.
- (b) The continuing airworthiness management exposition and its amendments shall be approved by the competent authority.
- (c) Notwithstanding point (b), minor amendments to the exposition may be approved indirectly through an indirect approval procedure. The indirect approval procedure shall define the minor amendment eligible, be established by the continuing airworthiness management organisation as part of the exposition and be approved by the competent authority responsible for that continuing airworthiness management organisation.
M.A.705 Facilities
The continuing airworthiness management organisation shall provide suitable office accommodation at appropriate locations for the personnel specified in point M.A.706.
M.A.706 Personnel requirements
- (a) The organisation shall appoint an accountable manager, who has corporate authority for ensuring that all continuing airworthiness management activities can be financed and carried out in accordance with this Annex (Part-M) and Annex Vb (Part-ML), as applicable.
- (b) For licenced air carriers in accordance with Regulation (EC) No 1008/2008 the accountable manager referred to in point (a) shall be the person who also has corporate authority for ensuring that all the operations of the operator can be financed and carried out to the standard required for the issue of an air operator's certificate.
- (c) A person or group of persons shall be nominated with the responsibility of ensuring that the organisation always complies with the applicable continuing airworthiness management, airworthiness review and permit to fly requirements of this Annex (Part-M) and Annex Vb (Part-ML). Such person(s) shall be ultimately responsible to the accountable manager.
- (d) For licenced air carriers in accordance with Regulation (EC) No 1008/2008, the accountable manager shall designate a nominated post holder. This person shall be responsible for the management and supervision of continuing airworthiness activities, pursuant to point (c).
- (e) The nominated post holder referred to in point (d) shall not be employed by a Part-145 approved organisation under contract to the operator, unless specifically agreed by the competent authority.
- (f) The organisation shall have sufficient appropriately qualified staff for the expected work.
- (g) All point (c) and (d) persons shall be able to show relevant knowledge, background and appropriate experience related to aircraft continuing airworthiness.
- (h) The qualification of all personnel involved in continuing airworthiness management shall be recorded.
- (i) For organisations extending airworthiness review certificates in accordance with points M.A.711(a)(4) and M.A.901 of this Annex (Part-M) or point ML.A.901(c) of Annex Vb (Part-ML) as applicable, the organisation shall nominate persons authorised to do so, subject to approval by the competent authority.
- (j) The organisation shall define and keep updated in the continuing airworthiness management exposition the title(s) and name(s) of person(s) referred to in points M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i).
- (k) For complex motor-powered aircraft and for aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, the organisation shall establish and control the competence of personnel involved in the continuing airworthiness management, airworthiness review and/or quality audits in accordance with a procedure and to a standard agreed by the competent authority.
M.A.707 Airworthiness review staff
- (a) To be approved to carry out airworthiness reviews and, if applicable, to issue permits to fly, an approved continuing airworthiness management organisation shall have appropriate airworthiness review staff to issue airworthiness review certificates or recommendations referred to in Section A, Subpart I of Annex I (Part-M) or in Section A, Subpart I of Annex Vb (Part-ML) and, if applicable, to issue a permit to fly in accordance with point M.A.711(c):
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- For aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, and aircraft above 2 730 kg MTOM, except balloons, these staff shall have acquired:
- (a) at least 5 years' experience in continuing airworthiness, and;
- (b) an appropriate license in compliance with Annex III (Part-66) or an aeronautical degree or a national equivalent, and;
- (c) formal aeronautical maintenance training, and;
- (d) a position within the approved organisation with appropriate responsibilities.
- (e) Notwithstanding points (a) to (d), the requirement laid down in point M.A.707(a)1(b) may be replaced by 5 years of experience in continuing airworthiness additional to those already required by point M.A.707(a)1(a).
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- For aircraft not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008 of 2 730 kg MTOM and below, and balloons, these staff shall have acquired:
- (a) at least 3 years' experience in continuing airworthiness, and;
- (b) an appropriate license in compliance with Annex III (Part-66) or an aeronautical degree or a national equivalent, and;
- (c) appropriate aeronautical maintenance training, and;
- (d) a position within the approved organisation with appropriate responsibilities;
- (e) Notwithstanding points (a) to (d), the requirement laid down in point M.A.707(a)2(b) may be replaced by 4 years of experience in continuing airworthiness additional to those already required by point M.A.707(a)2(a).
- (b) Airworthiness review staff nominated by the approved continuing airworthiness organisation can only be issued an authorisation by the approved continuing airworthiness organisation when formally accepted by the competent authority after satisfactory completion of an airworthiness review under the supervision of the competent authority or under the supervision of the organisation's airworthiness review staff in accordance with a procedure approved by the competent authority.
- (c) The organisation shall ensure that aircraft airworthiness review staff can demonstrate appropriate recent continuing airworthiness management experience.
- (d) Airworthiness review staff shall be identified by listing each person in the continuing airworthiness management exposition together with their airworthiness review authorisation reference.
- (e) The organisation shall maintain a record of all airworthiness review staff, which shall include details of any appropriate qualification held together with a summary of relevant continuing airworthiness management experience and training and a copy of the authorisation. This record shall be retained until two years after the airworthiness review staff have left the organisation.
M.A.708 Continuing airworthiness management
- (a) The organisation shall ensure that all continuing airworthiness management is carried out in accordance with Section A, Subpart C of this Annex (Part-M), and Section A, Subpart C of Annex Vb (Part-ML), as applicable.
- (b) For every aircraft managed, the approved continuing airworthiness management organisation shall:
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- ensure that an aircraft maintenance programme including any applicable reliability programme, as required by point M.A.302 of this Annex (Part-M) or ML.A.302 of Annex Vb (Part-ML), as applicable, is developed and controlled,
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- for aircraft not used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, provide a copy of the aircraft maintenance programme to the owner or operator responsible in accordance with point M.A.201 of this Annex (Part-M) or ML.A.201 of Annex Vb (Part-ML), as applicable,
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- manage the approval of modification and repairs,
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- ensure that all maintenance is carried out in accordance with the approved maintenance programme and released in accordance with Section A, Subpart H of this Annex (Part-M) or Section A, Subpart H of Annex Vb (Part-ML), as applicable,
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- ensure that all applicable airworthiness directives and operational directives with a continuing airworthiness impact, are applied,
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- ensure that all defects discovered during scheduled maintenance or reported are corrected by an appropriately approved maintenance organisation,
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- ensure that the aircraft is taken to an appropriately approved maintenance organisation whenever necessary,
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- coordinate scheduled maintenance, the application of airworthiness directives, the replacement of service life limited parts, and component inspection to ensure the work is carried out properly,
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- manage and archive all continuing airworthiness records and/or operator's technical log.
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- ensure that the mass and balance statement reflects the current status of the aircraft.
- (c) In the case of complex motor-powered aircraft or aircraft used for CAT, or aircraft used for commercial specialised operations or commercial ATO or commercial DTO operations, when the CAMO is not appropriately approved in accordance with Annex II (Part-145) or Subpart F of this Annex (Part-M) or Annex Vd (Part-CAO), the organisation shall, in consultation with the operator, establish a written maintenance contract with an organisation approved in accordance with Annex II (Part-145) or Subpart F of this Annex (Part-M) or Annex Vd (Part-CAO) or with another operator, detailing the functions specified under points M.A.301(b), M.A.301(c), M.A.301(f) and M.A.301(g) of this Annex (Part-M), or points ML.A.301(b) to (e) of Annex Vb (Part-ML), ensuring that all maintenance is ultimately carried out by a maintenance organisation approved in accordance with Annex II (Part-145) or Subpart F of this Annex (Part-M) or Annex Vd (Part-CAO) and defining the support of the quality functions referred to in point M.A.712(b) of this Annex (Part-M).
- (d) Notwithstanding point (c), the contract may be in the form of individual work orders addressed to the maintenance organisation approved in accordance with Annex II (Part-145) or Subpart F of this Annex (Part-M) or Annex Vd (Part-CAO) in the case of:
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- an aircraft requiring unscheduled line maintenance;
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- component maintenance, including engine maintenance.
M.A.709 Documentation
- (a) The approved continuing airworthiness management organisation shall hold and use applicable current maintenance data in accordance with point M.A.401 of this Annex (Part-M) or point ML.A.401 of Annex Vb (Part-ML), as applicable, for the performance of continuing airworthiness tasks referred to in point M.A.708 of this Annex (Part-M). That data may be provided by the owner or the operator, subject to an appropriate contract being established with such an owner or operator. In such case, the continuing airworthiness management organisation only needs to keep such data for the duration of the contract, except when required by point M.A.714 of this Annex (Part-M).
- (b) For aircraft not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, the approved continuing airworthiness management organisation may develop ‘baseline’ or ‘generic’ maintenance programmes, or both, in order to allow for the initial approval or the extension of the scope of an approval, without having the contracts referred to in Appendix I to this Annex (Part M) or Appendix I to Annex Vb (Part-ML), as applicable. Those ‘baseline’ and ‘generic’ maintenance programmes however do not preclude the need to establish an adequate Aircraft Maintenance Programme in compliance with point M.A.302 of this Annex (Part-M) or ML.A.302 of Annex Vb (Part-ML), as applicable, in due time before exercising the privileges referred to in point M.A.711 of this Annex (Part-M).
M.A.710 Airworthiness review
When the organisation approved in accordance with point M.A.711(b) of this Annex (Part-M) performs airworthiness reviews, they shall be performed in accordance with point M.A.901 of this Annex (Part-M) or point ML.A.903 of Annex Vb (Part-ML), as applicable.
M.A.711 Privileges of the organisation
- (a) A continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part-M) may:
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- manage the continuing airworthiness of aircraft, except those used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, as listed on the approval certificate;
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- manage the continuing airworthiness of aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, when listed both on its approval certificate and on its Air Operator Certificate (AOC);
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- arrange to carry out limited continuing airworthiness tasks with any contracted organisation, working under its quality system, as listed on the approval certificate;
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- extend, under the conditions set out in point M.A.901(f) of this Annex (Part-M) or ML.A.901(c) of Annex Vb (Part-ML), as applicable, an airworthiness review certificate that has been issued by the competent authority or by another organisation or person, as applicable;
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- approve the AMP, in accordance with point (b)(2) of point ML.A.302, for aircraft managed in accordance with Annex Vb (Part-ML).
- (b) An approved continuing airworthiness management organisation registered in one of the Member States may, additionally, be approved to carry out airworthiness reviews referred to in point M.A.710 and:
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- issue the related airworthiness review certificate and extend it in due time under the conditions set out in points M.A.901(c)(2) or M.A.901(e)(2) of this Annex (Part-M) or point ML.A.901(c) of Annex Vb (Part-ML), as applicable; and,
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- issue a recommendation for the airworthiness review to the competent authority of the Member State of registry.
- (c) A continuing airworthiness management organisation whose approval includes the privileges referred to in point M.A.711(b) may additionally be approved to issue a permit to fly in accordance with point 21.A.711(d) of Annex I (Part-21) to Regulation (EU) No 748/2012 for the particular aircraft for which the organisation is approved to issue the airworthiness review certificate, when the continuing airworthiness management organisation is attesting conformity with approved flight conditions, subject to an adequate approved procedure in the exposition referred to in point M.A.704.
M.A.712 Quality system
- (a) To ensure that the approved continuing airworthiness management organisation continues to meet the requirements of this Subpart, it shall establish a quality system and designate a quality manager to monitor compliance with, and the adequacy of, procedures required to ensure airworthy aircraft. Compliance monitoring shall include a feedback system to the accountable manager to ensure corrective action as necessary.
- (b) The quality system shall monitor activities carried out under Section A, Subpart G of this Annex (Part M). It shall at least include the following functions:
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- monitoring that all activities carried out under Section A, Subpart G of this Annex (Part M) are being performed in accordance with the approved procedures, and;
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- monitoring that all contracted maintenance is carried out in accordance with the contract, and;
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- monitoring the continued compliance with the requirements of this Part.
- (c) The records of these activities shall be stored for at least two years.
- (d) Where the approved continuing airworthiness management organisation is approved in accordance with another Part, the quality system may be combined with that required by the other Part.
- (e) For licenced air carriers in accordance with Regulation (EC) No 1008/2008 the M.A. Subpart G quality system shall be an integrated part of the operator's quality system.
- (f) In the case of a small organisation not managing the continuing airworthiness of aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, the quality system may be replaced by regular organisational reviews subject to the approval of the competent authority, except when the organisation issues airworthiness review certificates for aircraft above 2 730 kg MTOM other than balloons. In the case where there is no quality system, the organisation shall not contract continuing airworthiness management tasks to other parties.
M.A.713 Changes to the approved continuing airworthiness organisation
In order to enable the competent authority to determine continued compliance with this Part, the approved continuing airworthiness management organisation shall notify it of any proposal to carry out any of the following changes, before such changes take place:
-
- the name of the organisation.
-
- the location of the organisation.
-
- additional locations of the organisation.
-
- the accountable manager.
-
- any of the persons specified in M.A.706(c).
-
- the facilities, procedures, work scope and staff that could affect the approval.
In the case of proposed changes in personnel not known to the management beforehand, these changes shall be notified at the earliest opportunity.
M.A.714 Record-keeping
- (a) The continuing airworthiness management organisation shall record all details of work carried out. The records required under point M.A.305 of this Annex (Part-M) or ML.A.305 of Annex Vb (Part-ML), as applicable, and if applicable point M.A.306 of this Annex (Part-M), shall be retained.
- (b) If the continuing airworthiness management organisation has the privilege referred to in point M.A.711(b), it shall retain a copy of each airworthiness review certificate and recommendation issued or, as applicable, extended, together with all supporting documents. In addition, the organisation shall retain a copy of any airworthiness review certificate that it has extended under the privilege referred to in point M.A.711(a)4.
- (c) If the continuing airworthiness management organisation has the privilege referred to in point M.A.711(c), it shall retain a copy of each permit to fly issued in accordance with the provisions of point 21A.729 of Annex I (Part-21) to Regulation (EU) No 748/2012.
- (d) The continuing airworthiness management organisation shall retain a copy of all records referred to in points (b) and (c) until two years after the aircraft has been permanently withdrawn from service.
- (e) The records shall be stored in a manner that ensures protection from damage, alteration and theft.
- (f) All computer hardware used to ensure backup shall be stored in a different location from that containing the working data in an environment that ensures they remain in good condition.
- (g) Where continuing airworthiness management of an aircraft is transferred to another organisation or person, all retained records shall be transferred to the said organisation or person. The time periods prescribed for the retention of records shall continue to apply to the said organisation or person.
- (h) Where a continuing airworthiness management organisation terminates its operation, all retained records shall be transferred to the owner of the aircraft.
M.A.715 Continued validity of approval
- (a) An approval shall remain valid until 24 March 2022, subject to:
-
- the organisation remaining in compliance with this Part, in accordance with the provisions related to the handling of findings as specified under point M.B.705 and;
-
- the competent authority being granted access to the organisation to determine continued compliance with this Part, and;
-
- the approval not being surrendered or revoked.
- (b) Upon surrender or revocation, the approval certificate shall be returned to the competent authority.
M.A.716 Findings
- (a) A level 1 finding is any significant non-compliance with the requirements of this Annex (Part-M) or Annex Vb (Part-ML), as applicable, which lowers the safety standard and hazards seriously the flight safety;
- (b) A level 2 finding is any non-compliance with the requirements of this Annex (Part-M) or Annex Vb (Part-ML), as applicable, which could lower the safety standard and possibly hazard the flight safety;
- (c) After receipt of notification of findings according to point M.B.705, the holder of 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.
SUBPART H
CERTIFICATE OF RELEASE TO SERVICE — CRS
M.A.801 Aircraft certificate of release to service
- (a) Except for aircraft released to service by a maintenance organisation approved in accordance with Annex II (Part-145), the CRS shall be issued in accordance with this Subpart.
- (b) No aircraft shall be released to service unless a CRS is issued when all maintenance tasks ordered have been properly carried out. The CRS shall be issued by an authorised certifying staff of the maintenance organisation approved in accordance with Subpart F of this Annex or with Annex Vd (Part-CAO), except for maintenance tasks other than complex maintenance tasks listed in Appendix VII to this Annex where the CRS is issued, alternatively by:
-
- independent certifying staff acting in accordance with the requirements laid down in Article 5 of this Regulation;
-
- the pilot-owner acting in accordance with point M.A.803 of this Annex.
- (c) By derogation from point (b), in case of unforeseen situations, when an aircraft is grounded at a location where no maintenance organisation approved in accordance with this Annex, Annex II (Part-145) or Annex Vd (Part-CAO) and no independent certifying staff are available, the owner may authorise any person, with no less than 3 years of appropriate maintenance experience and holding either a valid ICAO Annex 1 compliant maintenance license for the aircraft type requiring certification or a certifying staff authorisation valid for the work requiring certification issued by an ICAO Annex 6 approved maintenance organisation to maintain the aircraft in accordance with the standards set out in Subpart D of this Annex and release it to service. In that case, the owner shall:
-
- obtain and keep in the aircraft records specifying details of the maintenance carried out and of the qualifications of the person issuing the CRS;
-
- ensure that any such maintenance is later on verified and a new CRS is issued by an appropriately authorised person referred to in point (b) or an organisation approved in accordance with Subpart F of this Annex, Annex II (Part-145) or Annex Vd (Part-CAO), at the earliest opportunity and in any case within 7 calendar days from the issuance of a CRS by the person authorised by the owner;
-
- notify the organisation responsible for the continuing airworthiness management of the aircraft, when contracted, or the competent authority in the absence of such a contract, within 7 days from the issuance of such authorisation.
- (d) In case of a release to service in accordance with point (b)(1), the certifying staff may be assisted in performing the maintenance tasks by one or more persons subject to his or her direct and continuous control.
- (e) A CRS shall contain at least:
-
- basic details of the maintenance carried out;
-
- the date on which the maintenance was completed;
-
- the identity of the organisation or person issuing the CRS, including, alternatively:
- (i) the approval reference of the maintenance organisation and the certifying staff issuing the CRS;
- (ii) in the case referred to in point (b)(2), the identity and, where applicable, the licence number of the certifying staff issuing the CRS;
-
- the limitations to airworthiness or operations, if any.
- (f) By derogation from point (b) and notwithstanding point (g), when the required maintenance cannot be completed, a CRS may be issued with the approved aircraft limitations. In that case, the certificate 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 by point (e)(4).
- (g) A CRS shall not be issued in the case of any known non-compliance which endangers flight safety.
M.A.802 Component certificate to release to service
- (a) Except for components released to service by a maintenance organisation that is approved in accordance with Annex II (Part-145) and for the cases covered by point (e) of point M.A.502, a CRS shall be issued at the completion of any maintenance work carried out on an aircraft component in accordance with point M.A.502.
- (b) The authorised release certificate identified as EASA Form 1 constitutes the component CRS, except when such maintenance on aircraft components has been performed in accordance with point (b) or (d) of point M.A.502 in which case the maintenance is subject to aircraft release procedures in accordance with point M.A.801.
M.A.803 Pilot-owner authorisation
- (a) To qualify as a Pilot-owner, the person must:
-
- hold a valid pilot licence (or equivalent) issued or validated by a Member State for the aircraft type or class rating; and
-
- own the aircraft, either as sole or joint owner; that owner must be:
- (i) one of the natural persons on the registration form; or
- (ii) a member of a non-profit recreational legal entity, where the legal entity is specified on the registration document as owner or operator, and that member is directly involved in the decision making process of the legal entity and designated by that legal entity to carry out Pilot-owner maintenance.
- (b) For any other than complex motor-powered aircraft of 2 730 kg MTOM and below, which are not used in CAT operations, in commercial specialised operations or in commercial operations by ATOs or DTOs, the pilot-owner may issue a CRS after having carried out limited pilot-owner maintenance as specified in Appendix VIII to this Annex.
- (c) The scope of the limited Pilot-owner maintenance shall be specified in the aircraft maintenance programme referred to in point M.A.302.
- (d) The CRS shall be entered in the aircraft continuing airworthiness record system 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 pilot licence number of the pilot-owner issuing such a certificate.
SUBPART I
AIRWORTHINESS REVIEW CERTIFICATE
M.A.901 Airworthiness review — General
- (a) To ensure the validity of the airworthiness certificate, an aircraft shall periodically undergo an airworthiness review in accordance with point M.A.903.
- (b) The satisfactory completion of an airworthiness review shall result in:
- (1) an airworthiness review certificate (ARC) issued in accordance with Appendix III (EASA Form 15b), if the following conditions are met:
- (i) the continuing airworthiness of the aircraft has been continuously managed in accordance with point M.A.201 of this Annex or point ML.A.201 of Annex Vb, as applicable, since the issue of the former ARC;
- (ii) the aircraft has been maintained in accordance with this Regulation, since the issue of the former ARC;
- (iii) the airworthiness certificate has been issued in accordance with Regulation (EU) No 748/2012 and is not revoked or surrendered at the time of the review;
- (2) a recommendation for the issuance of an ARC to the competent authority, if the conditions in point (1) are not met.
- (c) An organisation approved to carry out airworthiness reviews in accordance with point CAMO.A.125(e) of Annex Vc (Part-CAMO) or point CAO.A.095(c)(1) of Annex Vd (Part-CAO) may carry out an airworthiness review of an aircraft included in its scope of work.
- (d) When the airworthiness review is carried out by the organisation specified in point (c), the ARC or the recommendation shall be signed by the airworthiness review staff who carried out the airworthiness review.
- (e) The person or organisation responsible for the continuing airworthiness of the aircraft in accordance with point M.A.201 shall, upon request and where necessary for those purposes, ensure that the organisation or the competent authority carrying out the airworthiness review or the assessment of an ARC recommendation:
- (1) has the required aircraft documentation and records;
- (2) has suitable accommodation at the appropriate location for its personnel;
- (3) has access to the aircraft;
- (4) has the assistance of appropriate certifying staff.
- (f) By derogation from point M.A.902(a), the airworthiness review may be carried out 90 days or less before the expiry date of the ARC, without loss of continuity of the airworthiness review pattern.
- (g) The airworthiness review shall not be subcontracted.
- (h) An ARC shall not be issued if there is evidence or there are indications that the aircraft is not airworthy.
- (i) A copy of any ARC issued or extended for an aircraft shall be sent to the competent authority of the Member State of registry of the aircraft concerned within 10 days of the issuance or extension.
- (j) Without prejudice to point (b) of point M.B.901, for aircraft of 2 730 kg MTOM and below the competent authority may carry out the airworthiness review and issue an ARC itself, if requested by the owner.
- (k) Upon surrender or revocation, the ARC shall be returned to the competent authority of the Member State of registry, when so requested by the respective authority.
M.A.902 Validity of the airworthiness review certificate
- (a) An ARC shall be valid for 1 year and its validity may be extended for another year for a maximum of two consecutive extensions. The extension of the validity of the ARC shall begin on:
- (1) the previous expiry date, if:
- (i) the extension is carried out within 30 days before the expiry date of the ARC;
- (ii) the extension is carried out after the expiry date of the ARC;
- (2) the date on which the extension is carried out, if it is carried out more than 30 days before the expiry date of the ARC.
- (b) The ARC shall only be extended by the organisation managing the continuing airworthiness of the aircraft, subject to the following conditions:
- (1) the continuing airworthiness of the aircraft has been continuously managed by that organisation since the issue of the ARC;
- (2) the aircraft has been maintained since the issue of the ARC by a maintenance organisation approved in accordance with Annex II (Part-145) or Annex Vd (Part-CAO), as applicable;
- (3) the organisation managing the continuing airworthiness of the aircraft has no evidence or reason to believe that the aircraft is not airworthy. The maintenance referred to in the first paragraph, point (2), may include pilot-owner maintenance tasks carried out and released to service either by the pilot-owner or by independent certifying staff.
- (c) An ARC shall become invalid if:
- (1) it is expired, suspended, surrendered or revoked;
- (2) the airworthiness certificate is suspended, surrendered or revoked.
- (d) An aircraft shall not fly if the ARC is invalid or if the continuing airworthiness of the aircraft or any component installed on the aircraft does not meet the applicable requirements of this Annex.
M.A.903 Airworthiness review process
- (a) An airworthiness review is a process that comprises all the tasks and activities for evaluating the airworthiness status of an aircraft based on a documented review of the related aircraft continuing airworthiness records and a physical survey.
- (b) Through the documented review of the aircraft, the airworthiness review staff shall be satisfied that:
- (1) the total in-service life accumulated in the applicable parameter of the aircraft, engine(s), propeller(s), life-limited parts and time-controlled components has been properly recorded;
- (2) the flight manual is applicable to the aircraft configuration and is kept up to date;
- (3) the maintenance due on the aircraft according to the AMP, as specified in point M.A.302, has been carried out;
- (4) known defects have been rectified or, when applicable, deferred in accordance with point M.A.403;
- (5) the applicable airworthiness directives and the measures mandated by the competent authority have been complied with and properly entered into the aircraft continuing airworthiness record system;
- (6) the modifications and repairs applied to the aircraft have been entered into the aircraft continuing airworthiness record system and comply with point M.A.304;
- (7) the life-limited parts and time-controlled components installed on the aircraft are properly identified, entered into the aircraft continuing airworthiness record system and have not exceeded their limitation;
- (8) if applicable, the current mass and balance statement reflects the current configuration of the aircraft and is valid;
- (9) the aircraft complies with the applicable type design;
- (10) if issued, the aircraft holds a valid airworthiness certificate in compliance with Section A, Subpart H, of Annex I (Part 21) or, as applicable, Section A, Subpart H, of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;
- (11) if issued, the aircraft holds a valid noise certificate corresponding to the current configuration of the aircraft in compliance with Section A, Subpart I, of Annex I (Part 21) or, as applicable, Section A, Subpart I, of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;
- (12) maintenance has been released in accordance with any of the following:
- (i) the applicable requirements of this Regulation, for the period during which the aircraft is within the scope of this Regulation;
- (ii) the appropriate airworthiness requirements of the State which was responsible for the oversight of the aircraft for the period during which the aircraft was not within the scope of this Regulation. If there is evidence or reason to believe that maintenance in the period referred to in the first paragraph, point (ii), has been inadequate, the airworthiness review staff shall ensure that appropriate actions are taken.
- (c) Through the physical survey of the aircraft, the airworthiness review staff shall be satisfied that:
- (1) the required markings and placards are properly installed and meet the requirements set out in point 21.A.175 of Annex I (Part 21) or, as applicable, point 21L.A.144(a) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;
- (2) the aircraft complies with its approved flight manual;
- (3) the aircraft configuration complies with the documentation;
- (4) no evident defect can be found that has not been addressed in accordance with point M.A.403;
- (5) no inconsistencies can be found between the aircraft and the documented review of records as referred to in point (b).
- (d) For the physical survey, airworthiness review staff not qualified as certifying staff on the specific aircraft subject to the airworthiness review shall be assisted by such qualified personnel.
- (e) The airworthiness review shall be planned and carried out in such a manner that the time elapsed between the review of the aircraft continuing airworthiness records and their corresponding verification during physical survey shall be as short as possible.
- (f) If for any reason an airworthiness review cannot be completed, the organisation carrying out the airworthiness review shall inform the competent authority of the Member State of registry as soon as possible.
- (g) The ARC and the recommendation shall not be issued until all actions to eliminate the detected non-compliance have been implemented.
- (h) The details and the outcome of an airworthiness review shall be recorded in an airworthiness review report.
M.A.904 Airworthiness review staff
- (a) Airworthiness review staff acting on behalf of the competent authority shall be qualified in accordance with point M.B.901(c).
- (b) Airworthiness review staff acting on behalf of an organisation referred to in Annex Vc (Part-CAMO) or Annex Vd (Part CAO) shall be qualified in accordance with Annex Vc (Part-CAMO) or Annex Vd (Part-CAO) respectively.
M.A.905 Transfer of aircraft registration within the Union
- (a) When transferring within the Union an aircraft registration of an aircraft that has, at the time of application, an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012, the applicant shall:
- (1) first, notify the competent authority of the Member State of registry where the aircraft is registered of the name of the Member State in which the aircraft will be registered;
- (2) subsequently, apply to the competent authority of the new Member State of registry for the issuance of a new airworthiness certificate in accordance with point 21.A.174(b)(3)(i) of Annex I (Part 21) or, as applicable, point 21L.A.143(e) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.
- (b) At the time of the application to the new Member State of registry:
- (1) if the ARC is valid, it shall:
- (i) remain valid until its expiry date, unless the conditions set out in point M.A.902(c) are met;
- (ii) be amended with the new nationality and registration marks by the competent authority of the new Member State of registry;
- (2) if the ARC is either invalid or becomes invalid during the transfer process, the applicant shall take one of the following steps:
- (i) ensure that the validity of the ARC is restored;
- (ii) ensure obtaining a new ARC in accordance with point M.A.901.
M.A.906 Airworthiness review of aircraft without an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012
- (a) When applying for an airworthiness certificate for aircraft not having an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012 at the time of the application, the applicant shall:
- (1) apply to the competent authority of the Member State of registry for the issuance of a new airworthiness certificate in accordance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;
- (2) for aircraft other than new, have an airworthiness review carried out and completed satisfactorily in accordance with point M.A.903;
- (3) have all maintenance carried out to comply with the AMP approved in accordance with point M.A.302;
- (4) if the former airworthiness certificate was issued in accordance with Regulation (EU) No 748/2012, but it was revoked or surrendered, notify the competent authority that issued the former airworthiness certificate, if different, of the name of the Member State in which the aircraft will be registered.
- (b) A recommendation for the issuance of an ARC shall be sent by the applicant to the competent authority of the Member State of registry, as specified in point 21.A.174(b)(3)(ii) of Annex I (Part 21) or, as applicable, point 21L.A.143(f) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012, unless the airworthiness review is carried out by the competent authority in accordance with point M.A.901(j) of this Annex.
- (c) In the case that an evaluation programme is required in accordance with point 21.A.174(b)(3)(ii)(G)(b) or point 21.A.174(d) of Annex I (Part 21) or, as applicable, point 21L.A.143(f)(6)(b) or 21L.A.143(h) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012, the evaluation report referred to in point 21.A.174(d)(4) of Annex I (Part 21) or point 21L.A.143(h)(4) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 shall be taken into consideration by the organisation or competent authority carrying out the airworthiness review. The evaluation report shall be submitted together with the recommendation referred to in point (b) of this point, unless the airworthiness review is carried out by the competent authority in accordance with point M.A.901(j) of this Annex.
M.A.907 Findings
Following receipt of the notification of findings from the competent authority in accordance with point M.B.907, the person or organisation responsible for the continuing airworthiness of the aircraft pursuant to point M.A.201 shall establish a corrective action plan including corrections and corrective actions and, within the agreed period, demonstrate the implementation of the correction to the competent authority.
SECTION B
PROCEDURE FOR COMPETENT AUTHORITIES
SUBPART A
GENERAL
M.B.101 Scope
This Section establishes the administrative requirements to be followed by the competent authorities in charge of the application and the enforcement of Section A of this Part.
M.B.102 Competent authority
(a) General
A Member State shall designate a competent authority with allocated responsibilities for the issuance, continuation, change, suspension or revocation of certificates and for the oversight of continuing airworthiness. This competent authority shall establish documented procedures and an organisational structure.
(b) Resources
The number of staff shall be appropriate to carry out the requirements as detailed in this Section.
(c) Qualification and training
All staff involved in activities dealt with in this Annex shall be appropriately qualified and have appropriate knowledge, experience, initial training and continuation training to perform their allocated tasks.
(d) Procedures
The competent authority shall establish procedures detailing how compliance with this Annex (Part-M) is accomplished.
The procedures shall be reviewed and amended to ensure continued compliance.
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.
M.B.104 Record-keeping
- (a) The competent authorities shall establish a system of record-keeping that allows adequate traceability of the process to issue, continue, change, suspend or revoke each certificate.
- (b) The records for the oversight of organisations approved in accordance with this Annex shall include as a minimum:
-
- the application for an organisation approval;
-
- the organisation approval certificate including any changes;
-
- a copy of the audit programme listing the dates when audits are due and when audits were carried out;
-
- the competent authority continued oversight records including all audit records;
-
- copies of all relevant correspondence;
-
- details of any exemption and enforcement actions;
-
- any report from other competent authorities relating to the oversight of the organisation;
-
- organisation exposition or manual and amendments;
-
- copy of any other document directly approved by the competent authority.
- (c) The retention period for the point (b) records shall be at least 5 years.
- (d) The minimum records for the oversight of each aircraft shall include, at least, a copy of:
-
- the aircraft certificate of airworthiness;
-
- airworthiness review certificates;
-
- airworthiness review recommendations issued by CAO or CAMO;
-
- the reports from the airworthiness reviews carried out directly by the competent authority;
-
- all relevant correspondence relating to the aircraft;
-
- the details of any exemption and enforcement action(s);
-
- any document approved by the competent authority pursuant to this Annex or Annex II to Regulation (EU) No 965/2012 (Part-ARO).
- (e) The records specified in point (d) shall be retained until 2 years after the aircraft has been permanently withdrawn from service.
- (f) All records shall be made available upon request by another Member State or the Agency.
- (g) The competent authority shall maintain records of all airworthiness review staff and authorised personnel assessing recommendations, if applicable, for 3 years after that staff have left the competent authority. Those records shall include details of any appropriate qualification held together with a summary of relevant continuing airworthiness management experience and training.
M.B.105 Mutual exchange of information
- (a) In order to contribute to the improvement of air safety, the competent authorities shall participate in a mutual exchange of all necessary information in accordance with Article 72 of Regulation (EU) 2018/1139.
- (b) Without prejudice to the competencies of the Member States, in the case of a potential safety threat involving several Member States, the concerned competent authorities shall assist each other in carrying out the necessary oversight action.
SUBPART B
ACCOUNTABILITY
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.
M.B.202 Information to the Agency
- (a) The competent authority of the Member State shall notify the Agency in case of any significant problems with the implementation of Regulation (EU) 2018/1139 and its delegated and implementing acts within 30 days from the time the authority became aware of the problems.
- (b) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, the competent authority shall provide the Agency as soon as possible with any safety-significant information stemming from the occurrence reports stored in the national database pursuant to Article 6(6) of Regulation (EU) No 376/2014.
SUBPART C
CONTINUING AIRWORTHINESS
M.B.301 Aircraft maintenance programme
- (a) The competent authority shall verify that the AMP is in compliance with point M.A.302.
- (b) Unless stated otherwise in point (c) of point M.A.302, the AMP and its amendments shall be approved directly by the competent authority. The competent authority shall have access to all the data required by points (d), (e) and (f) of point M.A.302.
- (c) In the case of indirect approval as provided for in point M.A.302(c), the competent authority shall approve the AMP approval procedure of the CAO or CAMO through that organisation’s exposition referred to in point CAO.A.025 of Annex Vd, point M.A.704 of this Annex, or point CAMO.A.300 of Annex Vc, as applicable.
M.B.302 Exemptions
All exemptions granted in accordance with Article 71 of Regulation (EU) 2018/1139 shall be recorded and retained by the competent authority.
M.B.303 Aircraft continuing airworthiness monitoring
- (a) The competent authority shall develop a survey programme on a risk-based approach to monitor the airworthiness status of the fleet of aircraft on its register.
- (b) The survey programme shall include sample product surveys of aircraft and shall cover all aspects of airworthiness key risk elements.
- (c) The product survey shall sample the airworthiness standards achieved, on the basis of the applicable requirements, and identify any findings.
- (d) Any findings identified shall be categorised against the requirements of this Part and confirmed in writing to the person or organisation accountable according to M.A.201. The competent authority shall have a process in place to analyse findings for their safety significance.
- (e) The competent authority shall record all findings and closure actions.
- (f) If during aircraft surveys evidence is found showing non-compliance with this Part or with any other Part, the finding shall be dealt with as prescribed by the relevant Part.
- (g) If so required to ensure appropriate enforcement action, the competent authority shall exchange information on non-compliances identified in accordance with point (f) with other competent authorities.
M.B.304 Revocation and suspension
The competent authority shall:
- (a) suspend an ARC on reasonable grounds in the case of a potential safety threat; or
- (b) suspend or revoke an ARC pursuant to point M.B.907(c), second paragraph.
M.B.305 Aircraft technical log system
- (a) The competent authority shall approve the initial aircraft technical log system required by point M.A.306.
- (b) To enable the organisation to implement changes to the aircraft technical log system without prior competent authority approval, the competent authority shall approve the relevant procedure referred to in point CAMO.A.300(c) of Annex Vc, or point M.A.704(c) of this Annex or point CAO.A.025(c) of Annex Vd.
SUBPART D
MAINTENANCE STANDARDS
(to be developed as appropriate)
SUBPART E
COMPONENTS
(to be developed as appropriate)
SUBPART F
MAINTENANCE ORGANISATION
M.B.601 Application
Where maintenance facilities are located in more than one Member State the investigation and continued oversight of the approval shall be carried out in conjunction with the competent authorities designated by the Member States in whose territory the other maintenance facilities are located.
M.B.602 Initial Approval
- (a) Provided the requirements of points M.A.606(a) and (b) are complied with, the competent authority shall formally indicate its acceptance of the M.A.606(a) and (b) personnel to the applicant in writing.
- (b) The competent authority shall establish that the procedures specified in the maintenance organisation manual comply with Subpart F of this Annex, and shall ensure that the accountable manager signs the commitment statement.
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