Commission Implementing Regulation (EU) 2021/700 of 26 March 2021 amending and correcting Regulation (EU) No 1321/2014 as regards the maintenance data and the installation of certain aircraft components during maintenance

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 17(1),

Whereas:

(1) Commission Regulation (EU) No 1321/2014 (2) lays down the requirements for the continuing airworthiness of aircraft, including the requirements for the installation of components on aircraft.

(2) When a new component is installed during aircraft maintenance it is to be accompanied by an EASA Form 1 issued in accordance with Commission Regulation (EU) No 748/2012 (3) to attest conformity of the new component to its approved design data.

(3) In order to have more proportionate and efficient requirements for new components, Regulation (EU) No 748/2012 has been recently amended by Commission Regulation (EU) 2021/699 (4) to remove the requirement to certify the conformity of the new components for which their effect on the safety of the operation of aircraft is negligible in case of non-conformity with their design and to permit their installation in type-certified products without the issuance of an EASA Form 1.

(4) Regulation (EU) No 1321/2014 should also be amended to allow such new components to be installed during maintenance.

(5) For components maintained, an EASA Form 1 should be issued in accordance with Regulation (EU) No 1321/2014 in order to attest that the identified maintenance work on those components has been conducted in accordance with the applicable requirements.

(6) In order to achieve the same objective of proportionality and efficiency as in the recently amended Regulation (EU) No 748/2012, Regulation (EU) No 1321/2014 should introduce the same alleviations as regards the maintenance of components for which the issuance of an EASA Form 1 is not required.

(7) Regulation (EU) No 748/2012 has been amended in relation to the identification, approval, formatting and availability of the Instructions for Continuing Airworthiness (ICA) and by establishing ICA as part of the aircraft type certificate. This has implications on the definition of applicable maintenance data in Regulation (EU) No 1321/2014, which therefore should be amended to ensure consistency with Regulation (EU) No 748/2012.

(8) Commission Regulation (EU) 2019/1383 (5) introduced a transition period for the approvals of organisations involved in the continuing airworthiness, including maintenance. This transition period ends on 24 September 2021. In consideration of the ongoing COVID-19 pandemic, it is necessary to extend this transition period for six months to avoid additional burden to the industry during this crisis and to facilitate the compliance with the new rules and procedures introduced by that Regulation.

(9) The measures provided for in this Regulation are based on Opinion No 07/2019 (6) of the European Union Aviation Safety Agency (EASA) in accordance with Articles 75(2)(b) and 76(1) of Regulation (EU) 2018/1139.

(10) Article 3(5) of Regulation (EU) No 1321/2014 refers to the date of entry into force of Regulation (EU) 2019/1383, whereas it should refer to its applicability date. Article 3(5) of Regulation (EU) No 1321/2014 should therefore be corrected.

(11) Article 5(1) of Regulation (EU) No 1321/2014 of contains wrong references to the relevant requirements for the qualification of certifying staff in Part-M and Part-CAO. Article 5(1) of Regulation (EU) No 1321/2014 should therefore be corrected.

(12) Article 8(7) of Regulation (EU) No 1321/2014 is identical to Article 3(7) of that Regulation. In order to delete this duplication, Article 8 of Regulation (EU) No 1321/2014 should be corrected.

(13) Some editorial errors leading to interpretation difficulties of certain provisions in Annexes I, III, Vb and Vd to Regulation (EU) No 1321/2014 should also be corrected.

(14) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

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

(1) Article 4 is replaced by the following: ‘Article 4 Approvals for organisations involved in the continuing airworthiness (*1)  Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (OJ L 373, 31.12.1991, p. 4).’;"

(2) Annex I (Part-M) is amended in accordance with Annex I to this Regulation;

(3) Annex II (Part-145) is amended in accordance with Annex II to this Regulation;

(4) Annex Vb (Part-ML) is amended in accordance with Annex III to this Regulation.

Article 2

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

(1) in Article 3, paragraph 5 is replaced by the following: ‘5.   Aircraft maintenance programmes for aircraft referred to in point (a) of Article 1 that comply with the requirements specified in point M.A.302 of Annex I (Part-M) applicable before 24 March 2020 shall be deemed to comply with the requirements specified in point M.A.302 of Annex I (Part-M) or point ML.A.302 of Annex Vb (Part-ML), as applicable, in accordance with paragraphs 1 and 2.’;

(2) 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(c) and M.A.803 of Annex I (Part-M), in points ML.A.801(c) and ML.A.803 of Annex Vb (Part-ML), CAO.A.040(b) and CAO.A.040(c) of Annex Vd (Part-CAO) and in points 145.A.30(j) of and Appendix IV to Annex II (Part-145).’;

(3) in Article 8, paragraph 7 is deleted;

(4) Annex I (Part-M) is corrected in accordance with Annex IV to this Regulation;

(5) Annex III (Part-66) is corrected in accordance with Annex V to this Regulation;

(6) Annex Vb (Part-ML) is corrected in accordance with Annex VI to this Regulation;

(7) Annex Vd (Part-CAO) is corrected in accordance with Annex VII to this Regulation.

Article 3

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

Article 1 shall apply from 18 May 2022, except point (1) of Article 1 and points (5), (6) and (8) of Annex I, which shall apply from 18 May 2021.

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

Done at Brussels, 26 March 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 212, 22.8.2018, p. 1.

(2) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).

(3) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).

(4) Commission Delegated Regulation (EU) 2021/699 of 21 December 2020 amending and correcting Regulation (EU) No 748/2012 as regards the instructions for continued airworthiness, the production of parts to be used during maintenance and the consideration of ageing aircraft aspects during certification (see p. 1 of this Official Journal).

(5) Commission 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 (OJ L 228, 4.9.2019, p. 1).

(6) https://www.easa.europa.eu/document-library/opinions