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

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:

• a) take measures as necessary, such as the grounding of the aircraft, to prevent the continuation of the non-compliance,

• b) require corrective actions appropriate to the nature of the finding to be taken.

- 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 Vc (Part-CAMO)

T.B.702   Initial certification procedure

In addition to the requirements of point CAMO.B.310, the competent authority shall verify and establish that those procedures comply with the requirements of this Annex and it shall verify that the organisation complies with the requirements of this Annex.

T.B.704   Continuing oversight

In addition to the requirements of point CAMO.B.305, during each oversight planning cycle, the competent authority shall survey a relevant sample of aircraft referred to in point (b) of Article 1 managed by the organisation.

T.B.705   Findings and corrective actions

For organisations managing the continuing airworthiness of aircraft referred to in point (b) of Article 1, the competent authority shall apply the requirements contained in point CAMO.B.350 when verifying if the organisation complies with the requirements of this Annex.

ANNEX Vb

(Part-ML)

CONTENTS	CONTENTS
ML.1	ML.1
SECTION A —	TECHNICAL REQUIREMENTS
SUBPART A —	GENERAL
ML.A.101	Scope
SUBPART B —	ACCOUNTABILITY
ML.A.201	Responsibilities
ML.A.202	Occurrence reporting
SUBPART C —	CONTINUING AIRWORTHINESS
ML.A.301	Continuing airworthiness tasks
ML.A.302	Aircraft maintenance programme
ML.A.303	Airworthiness directives
ML.A.304	Data for modifications and repairs
ML.A.305	Aircraft continuing airworthiness record system
ML.A.307	Transfer of aircraft continuing airworthiness records
SUBPART D —	MAINTENANCE STANDARDS
ML.A.401	Maintenance data
ML.A.402	Performance of maintenance
ML.A.403	Aircraft defects
SUBPART E —	COMPONENTS
ML.A.501	Classification and installation
ML.A.502	Component maintenance
ML.A.503	Service-life-limited components
ML.A.504	Control of unserviceable components
SUBPART H —	CERTIFICATE OF RELEASE TO SERVICE (CRS)
ML.A.801	Aircraft certificate of release to service
ML.A.802	Component certificate of release to service
ML.A.803	Pilot-owner authorisation
SUBPART I —	AIRWORTHINESS REVIEW CERTIFICATE (ARC)
ML.A.901	Airworthiness review — General
ML.A.902	Validity of the airworthiness review certificate
ML.A.903	Airworthiness review process
ML.A.904	Airworthiness review staff
ML.A.905	Transfer of aircraft registration within the Union
ML.A.906	Airworthiness review of aircraft without an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012
ML.A.907	Findings
SECTION B —	PROCEDURE FOR COMPETENT AUTHORITIES
SUBPART A —	GENERAL
ML.B.101	Scope
ML.B.102	Competent authority
ML.B.104	Record-keeping
ML.B.105	Mutual exchange of information
SUBPART B —	ACCOUNTABILITY
ML.B.201	Responsibilities
ML.B.202	Information to the Agency
SUBPART C —	CONTINUING AIRWORTHINESS
ML.B.302	Exemptions
ML.B.303	Aircraft continuing airworthiness monitoring
ML.B.304	Revocation and suspension
SUBPART I —	AIRWORTHINESS REVIEW CERTIFICATE (ARC)
ML.B.901	Airworthiness review certificate issued by the competent authority
ML.B.905	Transfer of aircraft registration within the Union
ML.B.906	Airworthiness review of aircraft without an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012
ML.B.907	Findings
Appendix I —	Continuing airworthiness management contract
Appendix II —	Limited Pilot-owner maintenance
Appendix III —	Complex maintenance tasks not to be released by the Pilot-owner
Appendix IV —	Airworthiness review certificate (EASA Form 15c)

ML.1

- (a) In accordance with Article 3(2), this Annex (Part-ML) applies to the following other than complex motor-powered aircraft not listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008:

• (1) aeroplanes of 2 730 kg maximum take-off mass (MTOM) or less;
• (2) helicopters of 1 200 kg MTOM or less, certified for a maximum of up to four occupants;
• (3) other ELA2 aircraft;
• (4) non-conventional aircraft with a MTOM 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).

- (b) For the purpose of this Annex, the competent authority shall be the authority designated by the Member State of registry of the aircraft.

• (c) For the purpose of this Annex, the following definitions shall apply:
• (1) ‘independent certifying staff’ means certifying staff who does not work on behalf of an approved maintenance organisation and who complies with, alternatively:
• (i) the requirements of Annex III (Part-66);
• (ii) for aircraft to which Annex III (Part-66) does not apply, the certifying staff requirements in force in the Member State of registry of the aircraft;
• (2) ‘maintenance organisation’ means an organisation holding an approval issued in accordance with, alternatively:
• (i) Subpart F of Annex I (Part-M);
• (ii) Section A of Annex II (Part-145);
• (iii) Section A of Annex Vd (Part-CAO).
• (3) ‘owner’ means the person responsible for the continuing airworthiness of the aircraft, including, alternatively:
• (i) the registered owner of the aircraft;
• (ii) the lessee in the case of a leasing contract;
• (iii) the operator.

SECTION A

TECHNICAL REQUIREMENTS

SUBPART A

GENERAL

ML.A.101   Scope

This Section establishes the measures to be taken in order to ensure that the aircraft is airworthy. It also specifies the conditions to be met by the persons or organisations involved in the activities related to the airworthiness of the aircraft.

SUBPART B

ACCOUNTABILITY

ML.A.201   Responsibilities

• (a) The owner of the aircraft shall be responsible for the continuing airworthiness of the aircraft and shall ensure that no flight takes place unless all of the following requirements are met:
• (1) the aircraft is maintained in an airworthy condition;
• (2) any operational and emergency equipment fitted is correctly installed and serviceable or clearly identified as unserviceable;
• (3) the airworthiness certificate is valid;
• (4) the maintenance of the aircraft is performed in accordance with the Aircraft Maintenance Program (‘AMP’) specified in point ML.A.302.

• (b) By derogation from point (a), where the aircraft is leased, the responsibilities set out in point (a) shall apply to the lessee, if the lessee is identified either in the registration document of the aircraft or in the leasing contract.

• (c) Any person or organisation performing maintenance of aircraft and components shall be responsible for the maintenance tasks being performed.

- (d) The pilot-in-command of the aircraft shall be responsible for the satisfactory accomplishment of the preflight inspection. That inspection shall be carried out by the pilot or another qualified person but need not be carried out by an approved maintenance organisation or by certifying staff.

- (e) For aircraft operated by commercial Approved Training Organisations (‘ATO’) and commercial Declared Training Organisations (‘DTO’) referred to in Article 10a of Regulation (EU) No 1178/2011 or not operated in accordance with Annex VII to Regulation (EU) No 965/2012 (Part-NCO) or operated in accordance with Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or Subpart-DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976 ([^E0022]), the operator shall:

• (1) be approved as a CAMO or as a CAO for the management of the continuing airworthiness of its aircraft in accordance with Annex Vc (Part-CAMO), Subpart G of Annex I (Part-M) or Annex Vd (Part-CAO), or contract such an organisation using the contract set out in Appendix I to this Annex;
• (2) ensure that all maintenance is performed by maintenance organisations approved in accordance with point (c)(2) of point ML.1.;
• (3) ensure that the requirements of point (a) are satisfied.

• (f) For aircraft not included in point (e), in order to satisfy the requirements of point (a), the owner of the aircraft may contract the tasks associated with continuing airworthiness management to an organisation approved as a CAMO or CAO in accordance with Annex Vc (Part-CAMO), Subpart G of Annex I (Part-M) or Annex Vd (Part-CAO). In that case, the contracted organisation shall assume responsibility for the proper performance of those tasks and a written contract shall be concluded in accordance with Appendix I to this Annex. If the owner does not contract such an organisation, the owner is responsible for the proper performance of the tasks associated with the continuing airworthiness management.

• (g) The owner shall grant the competent authority access to the aircraft and the aircraft records, in order for the competent authority to determine whether the aircraft complies with the requirements of this Annex.

• (h) In the case of an aircraft included in an air operator certificate is used for non-commercial or specialised operations under point ORO.GEN.310 of Annex III or point NCO.GEN.104 of Annex VII to Regulation (EU) No 965/2012 ([^E0023]), the operator shall ensure that the tasks associated with continuing airworthiness are performed by the CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of Annex I (Part-M) or the combined airworthiness organisation (‘CAO’) approved in accordance with Annex Vd (Part-CAO), whichever applicable, of the air operator certificate holder.

ML.A.202   Occurrence reporting

• (a) The following persons shall report any safety-related event or identified condition of an aircraft or component that endangers or, if not corrected or addressed, could endanger an aircraft, its occupants or any other person:
• (1) the owner referred to in point ML.A.201(f) carrying out the aircraft continuing airworthiness tasks themselves;
• (2) the independent certifying staff referred to in point ML.A.801(b)(2);
• (3) the pilot-owner referred to in point ML.A.801(b)(3).

• (b) Reports required by point (a) shall:
• (1) be made to the competent authority of the Member State of registry of the aircraft and to the organisation responsible for the design of the aircraft or component;
• (2) be made as soon as practicable, but in any case, within 72 hours of becoming aware of the event or condition, unless exceptional circumstances prevent this;
• (3) be made in a form and manner established by the competent authority of the Member State of registry of the aircraft;
• (4) contain all pertinent information about the event or condition known to the person.

• (c) In addition to the requirements set out in points (a) and (b), a person carrying out maintenance or airworthiness review shall also report any such event or condition affecting the aircraft to the person or organisation responsible in accordance with point ML.A.201 for the continuing airworthiness of such aircraft.

SUBPART C

CONTINUING AIRWORTHINESS

ML.A.301   Continuing airworthiness tasks

The aircraft continuing airworthiness and the serviceability of operational and emergency equipment shall be ensured by:

• (a) the accomplishment of pre-flight inspections;

• (b) the rectification of any defect and damage affecting safe operation in accordance with data specified in points ML.A.304 and ML.A.401, as applicable, while taking into account the minimum equipment list (‘MEL’) and configuration deviation list, when they exist;

• (c) the accomplishment of all maintenance in accordance with the AMP referred to in point ML.A.302;

• (d) the accomplishment of any applicable:
• (1) airworthiness directive (‘AD’);
• (2) operational directive with a continuing-airworthiness impact;
• (3) continuing-airworthiness requirement established by the Agency;
• (4) measure required by the competent authority as an immediate reaction to a safety problem;

• (e) the accomplishment of modifications and repairs in accordance with point ML.A.304;

• (f) maintenance check flights, when necessary.

ML.A.302   Aircraft maintenance programme

• (a) The maintenance of each aircraft shall be organised in accordance with an AMP.

• (b) The AMP and any subsequent amendments thereto shall be, alternatively:
• (1) declared by the owner in accordance with point (c)(7) of point ML.A.302, where the continuing airworthiness of the aircraft is not managed by a CAMO or CAO;
• (2) approved by the CAMO or CAO responsible for managing the continuing airworthiness of the aircraft. The owner declaring the AMP in accordance with point (b)(1) or the organisation approving the AMP in accordance with point (b)(2) shall keep the AMP updated.

• (c) The AMP:
• (1) shall clearly identify the owner of the aircraft and the aircraft to which it relates, including any installed engine and propeller, as applicable;
• (2) shall include, alternatively:
• (a) the tasks or inspections contained in the applicable minimum inspection programme (MIP) referred to in point (d);
• (b) the instructions for continuing airworthiness (ICA) issued by the design approval holder (DAH);
• (c) the ICA issued by the declarant of a declaration of design compliance.

• (d) A MIP:
• (1) shall contain the following inspection intervals:
• (a) for aeroplanes, touring motor gliders (‘TMGs’) and balloons, every annual or 100-h interval, whichever comes first, to which a tolerance of 1 month or 10 h may be applied. The next interval shall be calculated as from the time the inspection takes place;
• (b) for sailplanes and powered sailplanes other than TMG, every annual interval to which a tolerance of 1 month may be applied. The next interval shall be calculated as from the time the inspection takes place;
• (2) shall contain the following, as applicable to the aircraft type:
• (a) servicing tasks as required by the DAH's requirements;
• (b) inspection of markings;
• (c) review of weighing records and weighing in accordance with Regulation (EU) No 965/2012, Regulation (EU) 2018/395 and Regulation (EU) 2018/1976;
• (d) operational test of transponder (if installed);
• (e) functional test of the pitot-static system;
• (f) in the case of aeroplanes, as applicable to the aircraft power plant:
• (i) operational tests for power and revolutions per minute (rpm), magnetos, fuel and oil pressure, engine temperatures;
• (ii) for engines equipped with automated engine control, the published run-up procedure;
• (iii) for dry-sump engines, engines with turbochargers and liquid-cooled engines, an operational test for signs of disturbed fluid circulation;
• (iv) in respect of a power plant other than piston engine, the maintenance tasks as defined in the ICA issued by the DAH of the aeroplane;
• (g) inspection of the condition and attachment of the structural items, systems and components corresponding to the following areas:
• (i) for aeroplanes: airframe, cabin and cockpit, landing gear, wing and centre section, flight controls, empennage, avionics and electrics, power plant, clutches and gearboxes, propeller and miscellaneous systems, such as the ballistic rescue system;
• (ii) for sailplanes and powered sailplanes: airframe, cabin and cockpit, landing gear, wing and centre section, empennage, avionics and electrics, power plant (for powered sailplanes) and miscellaneous systems, such as removable ballast and/or drag chute and controls, as well as water ballast system;
• (iii) for hot-air balloons: envelope, burner, basket, fuel containers, equipment and instruments;
• (iv) for gas balloons: envelope, basket, equipment and instruments. As long as this Annex does not specify an MIP for aircraft other than aeroplanes, sailplanes and balloons, their AMP shall be based on the ICA issued by the DAH, as referred to in point (c)(2)(b).

• (e) By derogation from points (b) and (c), a declaration by the owner or an approval by a CAMO or CAO is not required, and an AMP document is not required to be produced when the following conditions are met:
• (1) all the ICA issued by the DAH are being followed without any deviations;
• (2) all maintenance recommendations, such as TBO intervals, issued through service bulletins, service letters, and other non-mandatory service information, are being followed without any deviations;
• (3) there are no additional maintenance tasks to be performed resulting from any of the following:
• (a) specific installed equipment and modifications of the aircraft;
• (b) repairs carried out in the aircraft;
• (c) life-limited components and flight-safety-critical components;
• (d) special operational approvals;
• (e) use of the aircraft and operational environment.
• (4) Pilot-owners are authorised to perform Pilot-owner maintenance. This derogation is not applicable if the pilot-owner or, in case of jointly-owned aircraft, any of the pilot-owners is not authorised to perform Pilot-owner maintenance because this has to be specified in the declared or approved AMP.

• (f) If the conditions provided for in points (e)(1) to (e)(4) are met, the AMP applicable to the aircraft shall consist of the following:
• (1) the ICA issued by the DAH;
• (2) the maintenance recommendations, such as TBO intervals, issued through service bulletins, service letters, and other non-mandatory service information;
• (3) the mandatory continuing airworthiness information, such as repetitive ADs, the ALS of the ICA and specific maintenance requirements contained in the TCDS;
• (4) the tasks due to specific operational or airspace directives or requirements in relation to particular instruments and equipment.

ML.A.303   Airworthiness directives

Any applicable AD must be carried out within the requirements of that AD unless otherwise specified by the Agency.

ML.A.304   Data for modifications and repairs

A person or organisation repairing an aircraft or a component shall assess any damage. Modifications and repairs shall be carried out using the applicable data, that is, as appropriate:

• (a) approved by the Agency;

• (b) approved by a design organisation complying with Annex I (Part 21) to Regulation (EU) No 748/2012;

• (c) contained in the requirements referred to in point 21.A.90B or point 21.A.431B of Annex I (Part 21) to Regulation (EU) No 748/2012;

• (d) contained in the requirements referred to in point 21L.A.62, 21L.A.102, 21L.A.202 or 21L.A.222 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;

• (e) declared by a declarant complying with Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.

ML.A.305   Aircraft continuing airworthiness record system

• (a) At the completion of any maintenance, the certificate of release to service (CRS) required by point ML.A.801 shall be entered in the aircraft continuing airworthiness record system. Each entry shall be made as soon as possible but not later than 30 days after the day of the completion of the maintenance task.

• (b) The aircraft continuing airworthiness records shall consist of an aircraft logbook, engine logbook(s) or engine module log cards, propeller logbook(s) and log cards, for any service-life-limited component, as appropriate.

• (c) The aircraft type and registration mark, the date together with the total flight time and flight cycles and landings, shall be entered in the aircraft logbooks.

- (d) The aircraft continuing airworthiness records shall contain:

• (1) the current status of ADs and measures mandated by the competent authority in immediate reaction to a safety problem;
• (2) the current status of modifications, repairs and other DAH maintenance recommendations;
• (3) the current status of compliance with the AMP;
• (4) the current status of service-life-limited components;
• (5) the current mass and balance report;
• (6) the current list of deferred maintenance.

- (e) In addition to the authorised release document, EASA Form 1, as set out in Appendix II of Annex I (Part-M), or equivalent, the following information relevant to any component installed, such as engine, propeller, engine module or service-life-limited component, shall be entered in the appropriate engine or propeller logbook, engine module or service-life-limited component log card:

• (1) the identification of the component;
• (2) the type, serial number and registration, as appropriate, of the aircraft, engine, propeller, engine module or service-life-limited component to which the particular component has been fitted, along with the reference to the installation and removal of the component;
• (3) the date together with the component's accumulated total flight time, flight cycles, landings and calendar time, as relevant to the particular component;
• (4) the current information referred to in point (d), applicable to the component.

• (f) The person or organisation responsible for the management of continuing airworthiness and tasks pursuant to point ML.A.201, shall control the records as detailed in point ML.A.305 and present the records to the competent authority upon request.

• (g) All entries made in the aircraft continuing airworthiness records shall be clear and accurate. When it is necessary to correct an entry, the correction shall be made in a manner that clearly shows the original entry.

• (h) An owner shall ensure that a system has been established to keep the following records for the periods specified:
• (1) all detailed maintenance records in respect of the aircraft and any service-life-limited component fitted thereto, until such time as the information contained therein is superseded by new information equivalent in scope and detail but no less than 36 months after the aircraft or component has been released to service;
• (2) the total time in service, this is to say hours, calendar time, cycles and landings, of the aircraft and all service-life-limited components, for at least 12 months after the aircraft or component has been permanently withdrawn from service;
• (3) the time in service, this is to say hours, calendar time, cycles and landings, as appropriate, since the last scheduled maintenance of the component subjected to a service life limit, at least until the component scheduled maintenance has been superseded by another scheduled maintenance of equivalent work scope and detail;
• (4) the current status of compliance with the AMP at least until the scheduled maintenance of the aircraft or component has been superseded by another scheduled maintenance of equivalent work scope and detail;
• (5) the current status of ADs applicable to the aircraft and components, at least 12 months after the aircraft or component has been permanently withdrawn from service;
• (6) details of current modifications and repairs to the aircraft, engine(s), propeller(s) and any other component vital to flight safety, at least 12 months after they have been permanently withdrawn from service.

ML.A.307   Transfer of aircraft continuing-airworthiness records

• (a) When an aircraft is permanently transferred from one owner to another, the transferring owner shall ensure that the continuing airworthiness records referred to in point ML.A.305 are also transferred.

• (b) When the owner contracts the continuing airworthiness management tasks to a CAMO or CAO the owner shall ensure that the continuing airworthiness records referred to in point ML.A.305 are transferred to the contracted organisation.

• (c) The time periods for the retention of records set out in point (h) of point ML.A.305 shall continue to apply to the new owner, CAMO or CAO.

SUBPART D

MAINTENANCE STANDARDS

ML.A.401   Maintenance data

• (a) The person or organisation maintaining an aircraft shall only use applicable maintenance data during the performance of maintenance.

- (b) For the purposes of this Annex, ‘applicable maintenance data’ means any of the following:

• 1. any applicable requirement, procedure, standard or information issued by the competent authority or the Agency;
• 1. any applicable AD;
• 1. the applicable ICA and other maintenance instructions, issued by the type-certificate holder, supplemental type-certificate holder, declarant of a declaration of design compliance and any other organisation that publishes such data in accordance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;
• 1. for components approved for installation by the design approval holder or the declarant of a declaration of design compliance, the applicable maintenance instructions published by the component manufacturers and acceptable to the design approval holder or the declarant of a declaration of design compliance;
• 1. any applicable data issued in accordance with point 145.A.45(d).

ML.A.402   Performance of maintenance

• (a) Maintenance performed by approved maintenance organisations shall be in accordance with Subpart F of Annex I (Part-M), Annex II (Part-145) or Annex Vd (Part-CAO), as applicable.

• (b) For maintenance not performed in accordance with point (a), the person performing maintenance shall:
• (1) be qualified for the tasks performed, as required by this Annex;
• (2) ensure that the area in which maintenance is carried out is well organised and clean with no dirt or contamination;
• (3) use the methods, techniques, standards and instructions specified in the maintenance data referred to in point ML.A.401;
• (4) use the tools, equipment and material specified in the maintenance data referred to in point ML.A.401. If necessary, tools and equipment shall be controlled and calibrated to an officially recognised standard;
• (5) ensure that maintenance is performed within any environmental limitations specified in the maintenance data referred to in point ML.A.401;
• (6) ensure that proper facilities are used in case of inclement weather or lengthy maintenance;
• (7) ensure that the risk of multiple errors during maintenance and the risk of errors being repeated in identical maintenance tasks are minimised;
• (8) ensure that an error-capturing method is implemented after the performance of any critical maintenance task;
• (9) perform a general verification after completion of maintenance to ensure that the aircraft or component is clear of all tools, equipment and any extraneous parts and material, and that all access panels removed have been refitted;
• (10) ensure that all maintenance performed is properly recorded and documented.

ML.A.403   Aircraft defects

• (a) Any aircraft defect that seriously endangers the flight safety shall be rectified before further flight.

• (b) The following persons may decide that a defect does not seriously endanger flight safety, and may defer it accordingly:
• (1) the pilot in respect of defects affecting non-required aircraft equipment;
• (2) the pilot, when using the minimum equipment list, in respect of defects affecting required aircraft equipment — otherwise, these defects may only be deferred by authorised certifying staff;
• (3) the pilot in respect of defects other than those referred to in points (b)(1) and (b)(2) if all the following conditions are met:
• (i) the aircraft is operated under Annex VII to Regulation (EU) No 965/2012 (Part-NCO) or, in the case of balloons or sailplanes, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976;
• (ii) the pilot defers the defect with the agreement of the aircraft owner or, if applicable, of the contracted CAMO or CAO;
• (4) the appropriately qualified certifying staff in respect of other defects than those referred to in points (b)(1) and (b)(2), where the conditions referred to in point 3(i) and (ii) are not met.

• (c) Any aircraft defect that does not seriously hazard flight safety shall be rectified as soon as practicable from the date on which the defect was first identified and within the limits specified in the maintenance data.

• (d) Any defect not rectified before flight shall be recorded in the aircraft continuing airworthiness record system referred to in point ML.A.305 and a record shall be available to the pilot.

SUBPART E

COMPONENTS

ML.A.501   Classification and installation

• (a) Unless otherwise specified in Subpart F of Annex I (Part-M), in Annex II (Part-145), in Annex Vd (Part-CAO) to this Regulation or in point 21.A.307 of Annex I (Part 21) or in point 21L.A.193 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012, a component may be fitted only if all of the following conditions are met:
• (i) it is in a satisfactory condition;
• (ii) it has been appropriately released to service using an EASA Form 1 as set out in Appendix II to Annex I (Part-M), or equivalent;
• (iii) it has been marked in accordance with Subpart Q of Annex I (Part 21) or Subpart Q of Section A of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.

• (b) Prior to the installation of a component on an aircraft, the person or approved maintenance organisation shall ensure that the particular component is eligible to be fitted if different modifications or AD configurations are applicable.

• (c) Standard parts shall only be fitted to an aircraft or component when the maintenance data specifies those particular standard parts. Standard parts shall only be fitted when accompanied by evidence of conformity to the applicable standard and has appropriate traceability.

• (d) Raw or consumable material shall only be used on an aircraft or component provided that:
• (i) the aircraft or component manufacturer allows for the use of raw or consumable material in relevant maintenance data or as specified in Subpart F of Annex I (Part-M), Annex II (Part-145) or Annex Vd (Part-CAO).
• (ii) such material meets the required material specification and has appropriate traceability.
• (iii) such material is accompanied by documentation clearly relating to the particular material and containing a conformity-to-specification statement as well as the manufacturing and supplier source.

• (e) In case of balloons, where different combinations of baskets, burners and fuel cylinders are possible for a particular envelope, the person installing them shall ensure that:
• (1) the basket, burner and/or fuel cylinders are eligible for installation according to the TCDS or other documents referred to in the TCDS;
• (2) the basket, burner and/or fuel cylinders are in serviceable condition and have the appropriate maintenance records.

ML.A.502   Component maintenance

• (a) Components which are accepted by the owner in accordance with point (b)(2) of point 21.A.307 of Annex I (Part 21) or with point (b)(2) of point 21L.A.193 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 shall be maintained by any person or organisation, subject to reacceptance by the owner under the conditions of point (b)(2) of point 21.A.307 of Annex I (Part 21) or of point (b)(2) of point 21L.A.193 of Annex Ib (Part 21 Light). This maintenance is not eligible for the issuance of an EASA Form 1, as set out in Appendix II to Annex I (Part-M), and shall be subject to the aircraft release requirements.

• (b) Components shall be released in accordance with the following table: Released using an EASA Form 1 (as set out in Appendix II of Annex I (Part-M)) Released at aircraft level per point ML.A.801 (not possible to issue an EASA Form 1) Components maintained in accordance with component maintenance data (data issued by the component manufacturer) Maintenance other than overhaul Engine-rated (for engine) or component-rated (for other components) maintenance organisations (i) Aircraft-rated maintenance organisations; and/or (ii) independent certifying staff Overhaul of components other than engines and propellers Component-rated maintenance organisations Not possible Overhaul of engines and propellers for CS-VLA, CS-22 and LSA aircraft Engine-rated (for engine) or component-rated (for propeller) maintenance organisations (iii) Aircraft-rated maintenance organisations; and/or (iv) independent certifying staff Overhaul of engines and propellers for other than CS-VLA, CS-22 and LSA aircraft Engine-rated (for engine) or component-rated (for propeller) maintenance organisations Not possible Components maintained in accordance with aircraft maintenance data (data issued by the aircraft manufacturer) All components and all types of maintenance Engine-rated (for engine) or component-rated (for other components) maintenance organisations — Aircraft-rated maintenance organisations; and/or — independent certifying staff

• (c) Components which are referred to in points (b)(3) to (b)(6) of point 21.A.307 of Annex I (Part 21) or in points (b)(3) to (b)(6) of point 21L.A.193 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 may be maintained by any person or organisation. In such case, by way of derogation from point (b), the maintenance of those components shall be released with a ‘declaration of maintenance accomplished’ issued by the person or organisation that performed the maintenance. The ‘declaration of maintenance accomplished’ shall contain at least basic details of the maintenance carried out, the date on which the maintenance was completed, and the identification of the organisation or person that issues it. It shall be considered a maintenance record and equivalent to an EASA Form 1 in respect of the maintained component.

ML.A.503   Service-life-limited components

• (a) The term ‘service life-limited components’ contains the following components:
• (1) components subject to a certified life limit after which the components should be retired, and;
• (2) components subject to a service life limit after which the components shall undergo maintenance to restore their serviceability.

- (b) Installed service-life-limited components shall not exceed the approved service life limit as specified in the AMP and ADs, except as provided for in point ML.A.504(c).

- (c) The approved service life is expressed in calendar time, flight hours, landings or cycles, as appropriate.

• (d) At the end of the approved service life limit, the component must be removed from the aircraft for maintenance, or for disposal in the case of components with a certified life limit.

ML.A.504   Control of unserviceable components

• (a) A component shall be considered unserviceable in any of the following circumstances:
• (1) expiry of the component's service life limit as defined in the AMP;
• (2) non-compliance with the applicable ADs and other continued-airworthiness requirement mandated by the Agency;
• (3) absence of the necessary information to determine the airworthiness status of the component or its eligibility for installation;
• (4) evidence of component defects or malfunctions;
• (5) component involvement in an incident or accident likely to affect its serviceability.

• (b) Unserviceable components shall be identified as one of the following:
• (1) unserviceable and stored in a secure location under the control of an approved maintenance organisation or independent certifying staff until a decision is made on the future status of such components;
• (2) unserviceable by the person or organisation that declared the component unserviceable, and its custody shall be transferred to the aircraft owner after documenting such transfer in aircraft maintenance record system referred to in point ML.A.305.

• (c) Components which have reached their certified life limit or contain a non-repairable defect or malfunction shall be classified as unsalvageable and shall not be permitted to re-enter the component supply system unless certified life limits have been extended or a repair solution has been approved in accordance with point ML.A.304.

• (d) Any person or organisation responsible pursuant to point ML.A.201 shall in the case of an unsalvageable component, as provided for in point (c), take one of the following actions:
• (1) retain such component in a location referred to in point (b)(1);
• (2) arrange for the component to be mutilated in a manner that ensures that it is beyond economic salvage or repair before relinquishing responsibility for such a component.

• (e) Notwithstanding point (d), a person or organisation responsible pursuant to point ML.A.201 may transfer responsibility of components classified as unsalvageable without mutilation to an organisation for training or research.

SUBPART H

CERTIFICATE OF RELEASE TO SERVICE (CRS)

ML.A.801   Aircraft certificate of release to service

• (a) A CRS shall be issued after the required maintenance has been carried out properly on an aircraft.

• (b) The CRS shall be issued, alternatively by:
• (1) appropriate certifying staff on behalf of the approved maintenance organisation;
• (2) independent certifying staff;
• (3) the pilot- owner in compliance with point ML.A.803.

• (c) By derogation from point (b), in the case of unforeseen circumstances, when an aircraft is grounded at a location where no appropriately approved maintenance organisation and no appropriate certifying staff are available, the owner may authorise any person, with no less than 3 years of appropriate maintenance experience and holding the proper qualifications, to maintain the aircraft according to the standards set out in Subpart D of this Annex and release the aircraft. The owner shall in that case:
• (1) obtain and keep in the aircraft records, details of all the work carried out and of the qualifications held by the person issuing the certification;
• (2) ensure that any such maintenance is rechecked and released in accordance with point (b) of point ML.A.801 at the earliest opportunity and within a period not exceeding 7 days or, in the case of aircraft operated under Annex VII to Regulation (EU) No 965/2012 (Part-NCO) or, in the case of balloons, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or, in the case of sailplanes not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976, within a period not exceeding 30 days;
• (3) notify the contracted CAMO or CAO, or the competent authority in the absence of such a contract, within 7 days of the issuance of such authorisation.

• (d) In the case of a release to service in accordance with points (b)(1) or (b)(2), the certifying staff may be assisted in performing the maintenance tasks by one or more persons subject to his direct and continuous control;

• (e) A CRS shall contain at least:
• (1) basic details of the maintenance carried out;
• (2) the date on which the maintenance was completed;
• (3) the identity of the organisation or person issuing the release to service, including, alternatively:
• (i) the approval reference of the maintenance organisation and certifying staff issuing the CRS;
• (ii) in the case of point (b)(2), the identity and, if applicable, the licence number of the independent certifying staff issuing the CRS;
• (4) the limitations to airworthiness or operations, if any.

- (f) By derogation from point (a) and notwithstanding point (g), when the required maintenance cannot be completed, a CRS may be issued within the approved aircraft limitations. In that case, the CRS shall indicate that the maintenance could not be completed, as well as indicate any applicable airworthiness or operations limitations, as part of the information required in point (e)(4).

- (g) A CRS shall not be issued in the case of any known non-compliance with the requirements of this Annex which endangers flight safety.

ML.A.802   Component certificate of release to service

• (a) Except for the cases covered by point (c) of point ML.A.502, a component CRS shall be issued after the required maintenance work has been properly carried out on an aircraft component in accordance with point ML.A.502.

• (b) The authorised release certificate identified as EASA Form 1, as set out Appendix II of Annex I (Part-M), constitutes the component CRS, except when such maintenance is released at aircraft level, as indicated in point ML.A.502(b).

ML.A.803   Pilot-owner authorisation

• (a) To qualify as a pilot-owner, the person must:
• (1) hold a valid pilot licence or equivalent licence issued or validated by a Member State for the aircraft type or class rating;
• (2) own the aircraft, either as a sole or joint owner; that owner must be, alternatively:
• (i) one of the natural persons on the registration form;
• (ii) a member of a non-profit recreational legal entity, where the legal entity is specified on the registration document as owner or operator; that member must be 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 aircraft operated under Annex VII (Part-NCO) to Regulation (EU) No 965/2012 or, in the case of balloons, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or, in the case of sailplanes, not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976, the pilot-owner may issue a CRS after limited Pilot-owner maintenance as provided for in Appendix II to this Annex.

• (c) The CRS shall be entered in the logbooks and contain basic details of the maintenance carried out, the maintenance data used, the date on which that maintenance was completed, as well as the identity, the signature and the pilot licence (or equivalent) number of the pilot-owner issuing such a certificate.

SUBPART I

AIRWORTHINESS REVIEW CERTIFICATE (‘ARC’)

ML.A.901   Airworthiness review — General

• (a) To ensure the validity of the airworthiness certificate, an aircraft shall periodically undergo an airworthiness review in accordance with point ML.A.903.

• (b) The satisfactory completion of an airworthiness review shall result in an airworthiness review certificate (ARC) issued in accordance with Appendix IV (EASA Form 15c).

• (c) The airworthiness review and the issuance of the ARC shall be performed in accordance with point ML.A.903, by one of the following:
• (1) the competent authority;
• (2) an appropriately approved CAO with the privileges specified in point CAO.A.095(c)(1) of Annex Vd or an appropriately approved CAMO with the privileges specified in point CAMO.A.125(e) of Annex Vc;
• (3) an appropriately approved CAO with the privileges specified in point CAO.A.095(c)(2) of Annex Vd, or a Part-145 organisation with the privileges specified in point 145.A.75(f) of Annex II, while performing the 100-h/annual inspection contained in the AMP;
• (4) for aircraft operated under Annex VII (Part-NCO) to Regulation (EU) No 965/2012 or, in the case of balloons, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or, in the case of sailplanes, not following Subpart DEC of Annex II (Part-SAO) to Implementing Regulation (EU) 2018/1976, an independent certifying staff while performing the 100-h/annual inspection contained in the AMP, when qualified in accordance with point ML.A.904(c) of this Annex.

• (d) When the airworthiness review is carried out by the person or organisation specified in points (c)(2), (c)(3) or (c)(4), the ARC 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 ML.A.201 shall, upon request and where necessary for those purposes, ensure that the person, organisation or the competent authority carrying out the airworthiness review:
• (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 ML.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) 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.

ML.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);
• (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.

ML.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 ML.A.302, has been carried out;
• (4) known defects have been rectified or, when applicable, deferred in accordance with point ML.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 ML.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 ML.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 person or organisation carrying out the airworthiness review shall inform the competent authority of the Member State of registry as soon as possible.

• (g) The ARC 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.

• (i) The effectiveness of the AMP may be reviewed in conjunction with the airworthiness review in accordance with point ML.A.302(c)(9). That review shall be completed by the person who carried out the airworthiness review. If the review shows deficiencies of the aircraft linked with deficiencies in the content of the AMP, the AMP shall be amended accordingly. The person carrying out the review shall inform the competent authority of the Member State of registry if he or she does not agree with the measures amending the AMP taken by the owner, CAMO or CAO. In such case the competent authority shall decide which amendments to the AMP are necessary, raising the corresponding findings referred to in point ML.B.907 and, if necessary, reacting in accordance with point ML.B.304.

ML.A.904   Airworthiness review staff

• (a) Airworthiness review staff acting on behalf of the competent authority shall be qualified in accordance with point ML.B.901(c).

• (b) Airworthiness review staff acting on behalf of an organisation referred to in Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part CAO) shall be qualified in accordance with Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part-CAO) respectively.

• (c) Airworthiness review staff acting on their own behalf, as permitted pursuant to point ML.A.901(c)(4), shall:
• (1) hold a licence issued in accordance with Annex III (Part-66) rated for the corresponding aircraft; and
• (2) hold an authorisation issued by the competent authority that issued the licence in accordance with Annex III (Part-66).

• (d) The authorisation required under point (c)(2) shall be issued by the competent authority when:
• (1) the competent authority has assessed that the person has the knowledge of the parts of this Annex relevant to continuing-airworthiness management, performance of airworthiness reviews and issuance of ARCs;
• (2) the person has satisfactorily performed an airworthiness review under the supervision of the competent authority. This authorisation shall remain valid for a duration of 5 years as long as the holder has performed at least 1 airworthiness review every 12-months. If this is not the case, a new airworthiness review shall be satisfactorily performed under the supervision of the competent authority. Upon expiration of its validity, the authorisation shall be renewed for another 5 years subject to a new compliance with points (d)(1) and (d)(2). There is no limit to the number of renewals. The holder of the authorisation shall keep records of all the airworthiness reviews performed and shall make them available, upon request, to any competent authority and to any aircraft owner for whom they are performing an airworthiness review. This authorisation may be revoked by the competent authority at any time if it is not satisfied with the competence of the holder or with the use of such an authorisation.

ML.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 ML.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 ML.A.901.

ML.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 ML.A.903;
• (3) have all maintenance carried out to comply with the AMP approved in accordance with point ML.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) If the aircraft complies with the relevant requirements, the competent authority, the CAMO or CAO, the maintenance organisation or the independent certifying staff carrying out the airworthiness review, as provided for in point ML.A.901(c), shall issue an ARC.

• (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 point 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 21L.A.143(h)(4) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 shall be taken into consideration by the person, competent authority or organisation carrying out the airworthiness review. The evaluation report shall be submitted together with a copy of the ARC issued as required by point ML.A.901(i) of this Annex, unless the airworthiness review is carried out by the competent authority.

ML.A.907   Findings

Following receipt of the notification of findings from the competent authority in accordance with point ML.B.907, the person or organisation responsible for the continuing airworthiness of the aircraft pursuant to point ML.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

ML.B.101   Scope

This Section establishes the administrative requirements to be followed by the competent authorities in charge of the implementation and enforcement of Section A of this Annex.

ML.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 satisfy the requirements detailed in this Section.

(c) Qualification and training

All staff involved in activities covered by this Annex shall be appropriately qualified and have appropriate knowledge, experience, initial and continuation training to perform their allocated tasks.

(d) Procedures

The competent authority shall establish procedures detailing how compliance with this Annex is achieved.

The procedures shall be reviewed and amended to ensure continued compliance.

ML.B.104   Record-keeping

- (a) The competent authority shall establish a system of record-keeping that allows adequate traceability of the process for issuing, continuing, changing, suspending or revoking each certificate and authorisation.

• (b) The records for the oversight of each aircraft shall include, as a minimum, a copy of:
• (1) the aircraft certificate of airworthiness;
• (2) ARCs;
• (3) reports from the airworthiness reviews carried out directly by the Member State;
• (4) all relevant correspondence relating to the aircraft;
• (5) details of any exemption and enforcement action(s);
• (6) any document approved by the competent authority pursuant to this Annex or Regulation (EU) No 965/2012.

• (c) The records specified in point (b) shall be retained until 2 years after the aircraft has been permanently withdrawn from service.

• (d) All records specified in point ML.B.104 shall be made available to any other Member State or the Agency upon their request.

• (e) The competent authority shall maintain records of all airworthiness review staff 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.

ML.B.105   Mutual exchange of information

- (a) In order to contribute to the improvement of aviation safety, the competent authorities shall participate in a mutual exchange of all the necessary information in accordance with Article 72 of Regulation (EC) 2018/1139.

- (b) Without prejudice to the competences of the Member States, in the case of a potential safety threat involving several Member States, the competent authorities concerned shall assist each other in carrying out the necessary oversight action.

SUBPART B

ACCOUNTABILITY

ML.B.201   Responsibilities

The competent authority referred to in point (b) of point ML.1 shall be responsible for conducting inspections and investigations in order to verify that the requirements of this Annex are complied with.

ML.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

ML.B.302   Exemptions

All exemptions granted in accordance with Article 71 of Regulation (EC) 2018/1139 shall be recorded and retained by the competent authority.

ML.B.303   Aircraft continuing airworthiness monitoring

• (a) The competent authority shall develop a survey programme following a risk-based approach to monitor the airworthiness status of the fleet of aircraft on its register.

- (b) A survey programme shall include sample product surveys of aircraft and shall cover all aspects of airworthiness key risk elements.

- (c) A sample 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 in accordance with point ML.B.907 and confirmed in writing to the person or organisation responsible pursuant to point ML.A.201. The competent authority shall have a procedure in place to analyse findings as for their safety significance.

• (e) The competent authority shall record all findings and closure actions.

• (f) If during aircraft monitoring, evidence is found showing non-compliance with this or other Annexes, the finding shall be dealt with as provided for by the relevant Annex.

• (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.

ML.B.304   Revocation and suspension

• (a) The competent authority shall:
• (1) suspend an ARC on reasonable grounds in the case of a potential safety threat; or
• (2) suspend or revoke an ARC pursuant to point ML.B.907(c), second paragraph.

• (b) The competent authority that issued the airworthiness review authorisation pursuant to point ML.A.904(c) for independent certifying staff shall revoke such authorisation if the holder shows poor performance of the airworthiness review or uses such authorisation in an inappropriate manner.

SUBPART I

AIRWORTHINESS REVIEW CERTIFICATE (‘ARC’)

ML.B.901   Airworthiness review certificate issued by the competent authority

• (a) The competent authority shall issue an ARC using the template in Appendix IV (EASA Form 15c) in one of the following cases:
• (1) after a satisfactory completion of the airworthiness review by that competent authority in accordance with point ML.A.903;
• (2) in the case of a new aircraft.

• (b) The competent authority shall carry out the airworthiness review in accordance with point ML.A.903 whenever circumstances reveal the existence of a potential safety threat.

• (c) The competent authority shall have appropriate airworthiness review staff to carry out the airworthiness reviews. Such staff shall have:
• (1) acquired at least 3 years of experience in continuing airworthiness;
• (2) acquired either an appropriate licence in compliance with Annex III (Part-66), or an aeronautical degree or national equivalent;
• (3) received appropriate aeronautical maintenance training. The requirement laid down in the first paragraph, point (2), may be replaced by 4 years of experience in continuing airworthiness additional to those already required by the first paragraph, point (1).

ML.B.905   Transfer of aircraft registration within the Union

• (a) Upon receipt of a notification of aircraft transfer between the Member States in accordance with point ML.A.905:
• (1) the competent authority of the Member State where the aircraft is currently registered shall inform the competent authority of the Member State where the aircraft will be registered of any known problems with the aircraft being transferred;
• (2) the competent authority of the Member State where the aircraft will be registered shall ensure that the competent authority of the Member State where the aircraft is currently registered has been properly notified about the transfer.

• (b) The competent authority of the new Member State of registry shall amend the existing ARC as specified in point ML.A.905(b)(1)(ii) or issue a new ARC in accordance with point ML.B.901(a)(1).

ML.B.906   Airworthiness review of aircraft without an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012

In the case of an application for an airworthiness certificate in accordance with point ML.A.906(a), if the former airworthiness certificate was issued in accordance with Regulation (EU) No 748/2012, but it was revoked or surrendered:

- (a) upon receipt of a notification in accordance with point ML.A.906(a)(4), the competent authority of the Member State that issued the former airworthiness certificate shall inform, if different, the competent authority of the Member State where the aircraft will be registered of any known problems with the aircraft;

• (b) the competent authority of the Member State where the aircraft will be registered shall ensure, if different, that the competent authority of the Member State that issued the former airworthiness certificate has been properly notified.

ML.B.907   Findings

• (a) A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of this Annex, which lowers safety or seriously endangers flight safety.

• (b) A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the applicable requirements of this Annex, which is not classified as a level 1 finding.

• (c) If during aircraft surveys or by other means evidence is found showing non-compliance with requirements of this Annex, the competent authority shall require appropriate correction of the non-compliance to be implemented:
• (1) for level 1 findings, before further flight;
• (2) for level 2 findings, within a time period accepted or extended by the competent authority. The ARC shall be revoked or suspended if the correction in accordance with the first paragraph, point (1), is not implemented immediately.

• (d) If the appropriate correction of the non-compliance required under point (c)(2) is not implemented within the time period accepted or extended by the competent authority, the competent authority shall consider raising the level 2 finding to a level 1 finding and if the correction is not implemented immediately, shall revoke or suspend the ARC.

- (e) When a level 1 finding is raised, the competent authority shall inform, if different and as applicable:

• (1) the competent authority of the organisation responsible for the aircraft continuing airworthiness pursuant to point ML.A.201;
• (2) the competent authority of the organisation that issued the current ARC, or the competent authority that issued the authorisation in accordance with point ML.A.904(c)(2), in the case of airworthiness review staff acting on their own behalf.

Appendix I

Continuing-airworthiness management contract

- (a) When an owner contracts in accordance with point ML.A.201 a CAMO or CAO to carry out continuing airworthiness management tasks, upon request by the competent authority, a copy of the contract signed by both parties shall be sent by the owner to the competent authority of the Member State of registry.

• (b) The contract shall be developed taking into account the requirements of this Annex and shall define the obligations of the signatories in relation to the continuing airworthiness of the aircraft.