Commission Implementing Regulation (EU) 2021/1963 of 8 November 2021 amending Regulation (EU) No 1321/2014 as regards safety management systems in maintenance organisations and correcting that Regulation (Text with EEA relevance)

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), point (g), Article 62(14) and (15) and Article 72(5) thereof,

Whereas:

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

(2) In accordance with point 3.1(b) of Annex II to Regulation (EU) 2018/1139, approved maintenance organisations must, as appropriate for the type of activity undertaken and the size of the organisation, implement and maintain a management system to ensure compliance with the essential requirements set out in that Annex, manage safety risks and aim for the continuous improvement of that system.

(3) Pursuant to Annex 19 to the Convention on International Civil Aviation, signed in Chicago on 7 December 1944 (‘the Chicago Convention’), competent authorities are to require approved maintenance organisations providing services to operators of aeroplanes or helicopters engaged in international commercial air transport to implement a safety management system.

(4) Therefore, a management system should be introduced for all maintenance organisations falling within the scope of Annex II to Regulation (EU) No 1321/2014 (‘Part-145 maintenance organisations’) in order to comply with the International Civil Aviation Organisation (‘ICAO’) International Standards and Recommended Practices established in Annex 19 to the Chicago Convention.

(5) All Part-145 maintenance organisations are required to establish an occurrence reporting system. Therefore, the provisions of Annex II to Regulation (EU) No 1321/2014 should be amended to ensure that the occurrence reporting system is established as part of the organisations’ management system and that the requirements are aligned with those of Regulation (EU) No 376/2014 of the European Parliament and of the Council (3).

(6) To account for Part-145 maintenance organisations that are also approved as Part-CAMO organisations, it is appropriate to harmonise the general provisions as well as the requirements for competent authorities set out in Annex II (Part-145) of Regulation (EU) No 1321/2014 with those set out in Annex Vc (Part-CAMO) to that Regulation.

(7) There should be a sufficient transition period to allow maintenance organisations to comply with the new rules and procedures introduced by this Regulation.

(8) Commission Regulation (EU) No 1178/2011 (4) does not contain provisions for issuing licences to flight engineers. Therefore, points 145.A.30(j)(3) and (4) of Annex II to Regulation (EU) No 1321/2014 should be amended to delete the reference to flight engineer licences. However, existing limited authorisations for maintenance certification issued to such flight engineers on the basis of those provisions should continue to remain valid until they expire or until they are revoked. Therefore, Article 5 should be amended accordingly.

(9) Regulation (EU) No 1321/2014 should therefore be amended.

(10) Point M.A.403(b) of Annex I (Part-M) to Regulation (EU) No 1321/2014 and Appendix VII to Annex I (Part-M) to that Regulation contain references to various elements of point M.A.801. Since point M.A.801 has been replaced by Commission Implementing Regulation (EU) 2019/1383 (5), point M.A.403(b) and Appendix VII should be amended accordingly.

(11) Point M.A.904 of Annex I (Part-M) to Regulation (EU) No 1321/2014 was amended by Implementing Regulation (EU) 2019/1383 to extend the import provisions to aircraft that come from a regulatory system where Regulation (EU) 2018/1139 does not apply. The same amendment should be made also in point ML.A.906 of Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, to harmonise the scope of the import provisions of Annex Vb (Part-ML) with that of Annex I (Part-M). Therefore, Regulation (EU) No 1321/2014 should be amended.

(12) Point M.A.502(c) of Annex I (Part-M) to Regulation (EU) No 1321/2014 refers to B-rated organisations. Since there are no B-rated organisations in Annex Vd (Part-CAO), point M.A.502(c) should refer to ‘engine maintenance organisation’. Therefore, point M.A.502(c) of Annex I (Part-M) to Regulation (EU) No 1321/2014 should be corrected.

(13) The measures provided for in this Regulation are based on Opinion No 4/2020 (6) of the European Union Aviation Safety Agency pursuant to Article 75(2), point (b), and Article 76(1) of Regulation (EU) 2018/1139.

(14) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127(1) of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

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

(1) in Article 4, the following paragraph 7 is added: ‘7.   By way of derogation from points (1) and (2) of point 145.B.350(d) of Annex II (Part-145), a maintenance organisation that holds a valid approval certificate issued in accordance with Annex II (Part-145) may correct, until 2 December 2024, any findings of non-compliance related to the Annex II requirements introduced by Commission Regulation (EU) 2021/1963(1). Where after 2 December 2024 the organisation has not closed such findings, the approval certificate shall be revoked, limited or suspended in whole or in part. (1) OJ L 400, 12.11.2021, p. 18 ’;"

(2) in Article 5, the following paragraph 7 is added: ‘7.   Limited certifying staff authorisations issued to flight engineer licence holders pursuant to point 145.A.30(j)(3) or (4) of Annex II (Part-145) before 2 December 2022 shall remain valid until they expire or until they are revoked by the maintenance organisation.’;

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

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

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

Article 2

Annex I (Part-M) to Regulation (EU) No 1321/2014 is corrected in accordance with Annex IV 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.

It shall apply from 2 December 2022.

However, the following provisions shall apply from 2 December 2021:

(a) Article 2;

(b) Annex I, points (2) and (4);

(c) Annex III.

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

Done at Brussels, 8 November 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) Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18).

(4) Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1).

(5) 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 (OJ L 228, 4.9.2019, p. 1).

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