Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management (Text with EEA relevance.)

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1383

of 8 July 2019

amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management

(Text with EEA relevance)

Article 1

Regulation (EU) No 1321/2014 is amended as follows:

(1) Article 3 is replaced by the following: ‘Article 3 Continuing airworthiness requirements

(a) aeroplanes of 2 730  kg maximum take-off mass or less; (b) rotorcraft of 1 200  kg maximum take-off mass or less, certified for a maximum of up to 4 occupants; (c) other ELA2 aircraft. Where aircraft referred to points (a), (b) and (c) of the first subparagraph is listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008, the requirements of Annex I (Part-M) shall apply.

(a) its aircraft maintenance programme has been approved by the competent authority in accordance with point M.A.302 of Annex I (Part-M); (b) due maintenance required by the maintenance programme referred to in point (a) has been performed and certified in accordance with point 145.A.48 and 145.A.50 of Annex II (Part-145); (c) an airworthiness review has been performed and a new airworthiness review certificate has been issued in accordance with point M.A.901 of Annex I (Part-M).

(2) Article 4 is replaced by the following: ‘Article 4 Approvals for organisations involved in the continuing airworthiness

The privileges of such an organisation under the approval issued in accordance with Annex Vd (Part-CAO) shall be the same as privileges under the approval issued in accordance with Subpart F or Subpart G of Annex I (Part-M) or with Annex II (Part-145). However, those privileges shall not exceed the privileges of an organisation referred to in Section A of Annex Vd (Part-CAO). The organisation may correct any findings of non-compliance with Annex Vd (Part-CAO) until 24 September 2021. If after that date the findings are not corrected, the approval shall be revoked. Until the organisation complies with Annex Vd (Part-CAO) or until 24 September 2021, whichever of the two comes first, it shall be certified and overseen in accordance with Subpart F or Subpart G of Annex I (Part-M) or Annex II (Part-145), as applicable.

The organisation may correct any findings of non-compliance with Annex Vc (Part-CAMO) until 24 September 2021. If the organisation corrects the findings by that date, the competent authority shall issue a new Form 14 approval certificate in accordance with Annex Vc (Part-CAMO). If after that date the findings are not corrected, the approval shall be revoked. Until the organisation complies with Annex Vc (Part-CAMO) or 24 September 2021, whichever of the two comes first, it shall be certified and oversight in accordance with Subpart G of Annex I (Part-M).

(3) in Article 5, paragraph 1 is replaced by the following: ‘1. Certifying staff shall be qualified in accordance with the requirements of Annex III (Part-66), except as provided for in points M.A.606(h), M.A.607(b), M.A.801(d) and M.A.803 of Annex I (Part-M), in points ML.A.801(c) and ML.A.803 of Annex Vb (Part-ML), in points CAO.A.035(d) and CAO.A.040(b) of Annex Vd (Part-CAO) and in points 145.A.30(j) of and Appendix IV to Annex II (Part-145).’;

(4) the following Article 7a is inserted: ‘Article 7a Competent authorities

(a) the areas of competence of each competent authority shall be clearly defined, in particular in terms of responsibilities and geographic limitations; (b) coordination shall be established between those authorities in order to ensure effective certification and oversight of all organisations and persons subject to this Regulation within their respective remits.

(a) examine the records, data, procedures, and any other material relevant to the execution of the certification and/or oversight tasks; (b) make copies or extracts from such records, data, procedures and other material; (c) ask for an oral explanation on-site from any of the personnel of those organisations; (d) enter relevant premises, operating sites or means of transport owned or used by those persons; (e) perform audits, investigations, assessments, inspections, including unannounced inspections, in respect of those organisations; (f) take or initiate enforcement measures as appropriate.

(5) Article 9 is deleted;

(6) Annex I is amended in accordance with Annex I to this Regulation;

(7) Annex II is amended in accordance with Annex II to this Regulation;

(8) Annex III is amended in accordance with Annex III to this Regulation;

(9) Annex IV is amended in accordance with Annex IV to this Regulation:

(10) Annex Va is amended in accordance with Annex V to this Regulation;

(11) the text set out in Annex VI to this Regulation is inserted as Annex Vb;

(12) the text set out in Annex VII to this Regulation is inserted as Annex Vc;

(13) the text set out in Annex VIII to this Regulation is inserted as Annex Vd.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 24 March 2020.

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

ANNEX I

Annex I to Regulation (EU) No 1321/2014 is amended as follows:

(1) the table of content is replaced as follows: ‘CONTENTS M.1

SECTION A — TECHNICAL REQUIREMENTS

SUBPART A — GENERAL M.A.101 Scope SUBPART B — ACCOUNTABILITY M.A.201 Responsibilities M.A.202 Occurrence reporting SUBPART C — CONTINUING AIRWORTHINESS M.A.301 Continuing airworthiness tasks M.A.302 Aircraft maintenance programme M.A.303 Airworthiness directives M.A.304 Data for modifications and repairs M.A.305 Aircraft continuing airworthiness record system M.A.306 Aircraft technical log system M.A.307 Transfer of aircraft continuing airworthiness records SUBPART D — MAINTENANCE STANDARDS M.A.401 Maintenance data M.A.402 Performance of maintenance M.A.403 Aircraft defects SUBPART E — COMPONENTS M.A.501 Classification and installation M.A.502 Component maintenance M.A.503 Life-limited parts and time-controlled components M.A.504 Segregation of components SUBPART F — MAINTENANCE ORGANISATION M.A.601 Scope M.A.602 Application M.A.603 Extent of approval M.A.604 Maintenance organisation manual M.A.605 Facilities M.A.606 Personnel requirements M.A.607 Certifying staff and airworthiness review staff M.A.608 Components, equipment and tools M.A.609 Maintenance data M.A.610 Maintenance work orders M.A.611 Maintenance standards M.A.612 Aircraft certificate of release to service M.A.613 Component certificate of release to service M.A.614 Maintenance and airworthiness review records M.A.615 Privileges of the organisation M.A.616 Organisational review M.A.617 Changes to the approved maintenance organisation M.A.618 Continued validity of approval M.A.619 Findings SUBPART G — CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION M.A.701 Scope M.A.702 Application M.A.703 Extent of approval M.A.704 Continuing airworthiness management exposition M.A.705 Facilities M.A.706 Personnel requirements M.A.707 Airworthiness review staff M.A.708 Continuing airworthiness management M.A.709 Documentation M.A.710 Airworthiness review M.A.711 Privileges of the organisation M.A.712 Quality system M.A.713 Changes to the approved continuing airworthiness organisation M.A.714 Record-keeping M.A.715 Continued validity of approval M.A.716 Findings SUBPART H — CERTIFICATE OF RELEASE TO SERVICE (CRS) M.A.801 Aircraft certificate of release to service M.A.802 Component certificate of release to service M.A.803 Pilot-owner authorisation SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE M.A.901 Aircraft airworthiness review M.A.902 Validity of the airworthiness review certificate M.A.903 Transfer of aircraft registration within the EU M.A.904 Airworthiness review of aircraft imported into the EU M.A.905 Findings

SECTION B — PROCEDURE FOR COMPETENT AUTHORITIES

SUBPART A — GENERAL M.B.101 Scope M.B.102 Competent authority M.B.103 Findings and enforcement measures - persons M.B.104 Record-keeping M.B.105 Mutual exchange of information SUBPART B — ACCOUNTABILITY M.B.201 Responsibilities M.B.202 Information to the Agency SUBPART C — CONTINUING AIRWORTHINESS M.B.301 Aircraft maintenance programme M.B.302 Exemptions M.B.303 Aircraft continuing airworthiness monitoring M.B.304 Revocation, suspension and limitation M.B.305 Aircraft technical log system SUBPART D — MAINTENANCE STANDARDS SUBPART E — COMPONENTS SUBPART F — MAINTENANCE ORGANISATION M.B.601 Application M.B.602 Initial Approval M.B.603 Issue of approval M.B.604 Continuing oversight M.B.605 Findings M.B.606 Changes M.B.607 Revocation, suspension and limitation of an approval SUBPART G — CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION M.B.701 Application M.B.702 Initial approval M.B.703 Issue of approval M.B.704 Continuing oversight M.B.705 Findings M.B.706 Changes M.B.707 Revocation, suspension and limitation of an approval SUBPART H — CERTIFICATE OF RELEASE TO SERVICE (CRS) SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE M.B.901 Assessment of recommendations M.B.902 Airworthiness review by the competent authority M.B.903 Findings M.B.904 Exchange of information Appendix I — Continuing airworthiness management contract Appendix II — Authorised Release Certificate — EASA Form 1 Appendix III — Airworthiness Review Certificate — EASA Form 15 Appendix IV — Class and Ratings System to be used for the Approval of Maintenance Organisations referred to in Annex I (Part-M), Subpart F and in Annex II (Part-145) Appendix V — Maintenance Organisation Approval referred to in Annex I (Part-M), Subpart F Appendix VII — Complex Maintenance Tasks Appendix VIII — Limited Pilot owner Maintenance’;

(2) point M.1 is amended as follows: (a) point 3 is replaced by the following: ‘3.for the approval of aircraft maintenance programmes (“AMP”), one of the following: (i) the authority designated by the Member State of registry of the aircraft; (ii) if prior to the approval of the aircraft maintenance programme the Member State of registry agrees, one of the following: (a) the authority designated by the Member State where the operator has its principal place of business or, in case the operator has no principal place of business, the authority designated by the Member State where the operator has its place of establishment or where the operator resides; (b) the authority responsible for the oversight of the organisation managing the continuing airworthiness of the aircraft or with which the owner has concluded a limited contract in accordance with point (i)(1) of point M.A.201.’ (b) point 4 is deleted;

(3) point M.A.101 is replaced by the following: ‘M.A.101   Scope This Section establishes the measures to be taken to ensure that the airworthiness of aircraft is maintained, including its maintenance. It also specifies the conditions to be met by the persons or organisations involved in such activities.’;

(4) in point M.A.201, point (a) is replaced by the following: ‘(a)The owner of the aircraft shall be responsible for the continuing airworthiness of 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 AMP specified in point M.A.302.’;