17.12.2014   

EN

Official Journal of the European Union

L 362/1


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

(Recast)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Article 5(5) and 6(3) thereof,

Whereas:

(1)

Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (2) has been substantially amended several times (3). Since further amendments are to be made, it should be recast in the interests of clarity.

(2)

Regulation (EC) No 216/2008 establishes common essential requirements to provide for a high uniform level of civil aviation safety and environmental protection; it requires the Commission to adopt the necessary implementation rules to ensure their uniform application; it establishes the European Aviation Safety Agency (hereinafter referred to as the ‘Agency’) to assist the Commission in the development of such implementing rules.

(3)

It is necessary to lay down common technical requirements and administrative procedures to ensure the continuing airworthiness of aeronautical products, parts and appliances subject to Regulation (EC) No 216/2008.

(4)

Organisations and personnel involved in the maintenance of products, parts and appliances should be required to comply with certain technical requirements in order to demonstrate their capability and means of discharging their obligations and associated privileges; the Commission is required to lay down measures to specify conditions of issuing, maintaining, amending, suspending or revoking certificates attesting such compliance.

(5)

The need to ensure uniformity in the application of common technical requirements in the field of continuing airworthiness of aeronautical parts and appliances requires that common procedures be followed by competent authorities to assess compliance with these requirements; the Agency should develop certification specifications to facilitate the necessary regulatory uniformity.

(6)

It is necessary to recognise the continuing validity of certificates issued before entry into force of Regulation (EC) No 2042/2003, in accordance with Article 69 of Regulation (EC) No 216/2008.

(7)

Article 5 of Regulation (EC) No 216/2008 dealing with airworthiness was extended to include the elements of operational suitability evaluation into the implementing rules for type-certification.

(8)

The European Aviation Safety Agency (the ‘Agency’) found that it was necessary to amend Commission Regulation (EU) No 748/2012 (4) in order to allow the Agency to approve operational suitability data as part of the type-certification process.

(9)

The operational suitability data should include mandatory training elements for type rating training of maintenance certifying staff. Those elements should be the basis for developing type training courses.

(10)

The requirements related to the establishment of certifying staff type rating training courses need to be amended to refer to the operational suitability data.

(11)

The Agency prepared draft implementing rules on the concept of operational suitability data and submitted them as an opinion (5) to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.

(12)

The measures provided by this Regulation are in accordance with the Opinion of the European Aviation Safety Agency Committee (6) established by Article 65(1) of Regulation (EC) No 216/2008,

HAS ADOPTED THIS REGULATION:

Article 1

Objective and scope

1.   This Regulation establishes common technical requirements and administrative procedures for ensuring the continuing airworthiness of aircraft, including any component for installation thereto, which are:

(a)

registered in a Member State; or

(b)

registered in a third country and used by an operator for which a Member State ensures oversight of operations.

2.   Paragraph 1 shall not apply to aircraft the regulatory safety oversight of which has been transferred to a third country and which are not used by an EU operator, or to aircraft referred to in Annex II to Regulation (EC) No 216/2008.

3.   The provisions of this Regulation related to commercial air transport are applicable to licensed air carriers as defined by EU law.

Article 2

Definitions

Within the scope of Regulation (EC) No 216/2008, the following definitions shall apply:

(a)

‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth's surface;

(b)

‘certifying staff’ means personnel responsible for the release of an aircraft or a component after maintenance;

(c)

‘component’ means any engine, propeller, part or appliance;

(d)

‘continuing airworthiness’ means all of the processes ensuring that, at any time in its operating life, the aircraft complies with the airworthiness requirements in force and is in a condition for safe operation;

(e)

‘JAA’ means ‘Joint Aviation Authorities.’;

(f)

‘JAR’ means ‘Joint Aviation Requirements’;

(g)

‘large aircraft’ means an aircraft, classified as an aeroplane with a maximum take-off mass of more than 5 700 kg, or a multi-engined helicopter;

(h)

‘maintenance’ means any one or combination of the following activities: overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;

(i)

‘organisation’ means a natural person, a legal person or part of a legal person. Such an organisation may be established at more than one location whether or not within the territory of the Member States;

(j)

‘pre-flight inspection’ means the inspection carried out before flight to ensure that the aircraft is fit for the intended flight;

(k)

‘ELA1 aircraft’ means the following manned European light aircraft:

(i)

an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft;

(ii)

a sailplane or powered sailplane of 1 200 kg MTOM or less;

(iii)

a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air balloons, 1 050 m3 for gas balloons, 300 m3 for tethered gas balloons;

(iv)

an airship designed for not more than four occupants and a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air airships and 1 000 m3 for gas airships;

(l)

‘LSA aircraft’ means a light sport aeroplane which has all of the following characteristics:

(i)

a Maximum Take-off Mass (MTOM) of not more than 600 kg;

(ii)

a maximum stalling speed in the landing configuration (VS0) of not more than 45 knots Calibrated Airspeed (CAS) at the aircraft's maximum certificated take-off mass and most critical centre of gravity;

(iii)

a maximum seating capacity of no more than two persons, including the pilot;

(iv)

a single, non-turbine engine fitted with a propeller;

(v)

a non-pressurised cabin;

(m)

‘principal place of business’ means the head office or the registered office of the undertaking within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised.

Article 3

Continuing airworthiness requirements

1.   The continuing airworthiness of aircraft and components shall be ensured in accordance with the provisions of Annex I (Part-M).

2.   Organisations and personnel involved in the continuing airworthiness of aircraft and components, including maintenance, shall comply with the provisions of Annex I (Part-M) and where appropriate those specified in Articles 4 and 5.

3.   By derogation from paragraph 1, the continuing airworthiness of aircraft holding a permit to fly shall be ensured on the basis of the specific continuing airworthiness arrangements as defined in the permit to fly issued in accordance with Annex I (Part-21) to Commission Regulation ( EU) No 748/2012 (7).

Article 4

Maintenance organisation approvals

1.   Organisations involved in the maintenance of large aircraft or of aircraft used for commercial air transport, and components intended for fitment thereto, shall be approved in accordance with the provisions of Annex II (Part-145).

2.   Maintenance approvals issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid before the entry into force of Regulation (EC) No 2042/2003 shall be deemed to have been issued in accordance with this Regulation.

3.   Personnel qualified to carry out and/or control a continued airworthiness non-destructive test of aircraft structures and/or components, on the basis of any standard recognised by a Member State prior to the entry into force of Regulation (EC) No 2042/2003 as providing an equivalent level of qualification, may continue to carry out and/or control such tests.

4.   Certificates of release to service and authorised release certificates issued before the date of entry into force of Regulation (EC) No 1056/2008 by a maintenance organisation approved under the Member State requirements shall be deemed equivalent to those required under points M.A.801 and M.A.802 of Annex I (Part-M) respectively.

Article 5

Certifying staff

1.   Certifying staff shall be qualified in accordance with the provisions 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) and in point 145.A.30(j) and Appendix IV to Annex II (Part-145).

2.   Any aircraft maintenance licence and, if any, the technical limitations associated with that licence, issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid at the time of entry into force of Regulation (EC) No 2042/2003, shall be deemed to have been issued in accordance with this Regulation.

3.   Certifying staff holding a licence issued in accordance with Annex III (Part-66) in a given category/sub-category are deemed to have the privileges described in point 66.A.20(a) of the same Annex corresponding to such a category/sub-category. The basic knowledge requirements corresponding to these new privileges shall be deemed as met for the purpose of extending such licence to a new category/sub-category.

4.   Certifying staff holding a licence including aircraft which do not require an individual type rating may continue to exercise his/her privileges until the first renewal or change, where the licence shall be converted following the procedure described in point 66.B.125 of Annex III (Part-66) to the ratings defined in point 66.A.45 of the same Annex.

5.   Conversion reports and Examination credit reports complying with the requirements applicable before Regulation (EU) No 1149/2011 applied shall be deemed to be in compliance with this Regulation.

6.   Until such time as this Regulation specifies requirements for certifying staff:

(i)

for aircraft other than aeroplanes and helicopters;

(ii)

for components;

the requirements in force in the relevant Member State shall continue to apply, except for maintenance organisations located outside the European Union where the requirements shall be approved by the Agency.

Article 6

Training organisation requirements

1.   Organisations involved in the training of personnel referred to in Article 5 shall be approved in accordance with Annex IV (Part-147) to be entitled:

(a)

to conduct recognised basic training courses; and/or

(b)

to conduct recognised type training courses; and

(c)

to conduct examinations; and

(d)

to issue training certificates.

2.   Any maintenance training organisation approval issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid at the time of entry into force of Regulation (EC) No 2042/2003 shall be deemed to have been issued in accordance with this Regulation.

3.   Type training courses approved before the approval of the minimum syllabus of certifying staff type rating training in the operational suitability data for the relevant type in accordance with Regulation (EU) No 748/2012 shall include the relevant elements defined in the mandatory part of that operational suitability data not later than 18 December 2017 or within two years after the operational suitability data was approved, whichever is the latest.

Article 7

Regulation (EC) No 2042/2003 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VI.

Article 8

Entry into force

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

2.   By way of derogation from paragraph 1, Member States may elect not to apply:

(a)

for the maintenance of piston-engine non-pressurised aeroplanes of 2 000 kg MTOM and below not involved in commercial air transport,

until 28 September 2014, the requirement to have certifying staff qualified in accordance with Annex III (Part-66) contained in the following provisions:

points M.A.606(g) and M.A.801(b)2 of Annex I (Part-M),

points 145.A.30(g) and (h) of Annex II (Part-145);

(b)

for the maintenance of ELA1 aeroplanes not involved in commercial air transport, until 28 September 2015:

(i)

the requirement for the competent authority to issue aircraft maintenance licences in accordance with Annex III (Part-66), as new or as converted pursuant to point 66.A.70 of the same Annex;

(ii)

the requirement to have certifying staff qualified in accordance with Annex III (Part-66) contained in the following provisions:

points M.A.606(g) and M.A.801(b)2 of Annex I (Part-M),

points 145.A.30(g) and (h) of Annex II (Part-145).

3.   When a Member State makes use of the provisions of paragraph 2 it shall notify the Commission and the Agency.

4.   For the purpose of time limits contained in points 66.A.25, 66.A.30 and Appendix III of Annex III (Part-66) related to basic knowledge examinations, basic experience, theoretical type training and examinations, practical training and assessment, type examinations and on the job training completed before Regulation (EC) No 2042/2003 applied, the origin of time shall be the date by which Regulation (EC) No 2042/2003 applied.

5.   The Agency shall submit an opinion to the Commission including proposals for a simple and proportionate system for the licensing of certifying staff involved in the maintenance of ELA1 aeroplanes as well as aircraft other than aeroplanes and helicopters.

Article 9

Agency measures

1.   The Agency shall develop acceptable means of compliance (hereinafter called ‘AMC’) that competent authorities, organisations and personnel may use to demonstrate compliance with the provisions of the Annexes to this Regulation.

2.   The AMC issued by the Agency shall neither introduce new requirements nor alleviate the requirements of the Annexes to this Regulation.

3.   Without prejudice to Articles 54 and 55 of Regulation (EC) No 216/2008, when the acceptable means of compliance issued by the Agency are used, the related requirements of the Annexes to this Regulation shall be considered as met without further demonstration.

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

Done at Brussels, 26 November 2014.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 79, 19.3.2008, p. 1.

(2)   OJ L 315, 28.11.2003, p. 1.

(3)  See Annex V.

(4)   OJ L 224, 21.8.2012, p. 1.

(5)  Opinion No 07/2011 of the European Aviation Safety Agency of 13th December 2011, available at http://easa.europa.eu/agency-measures/opinions.php

(6)  Opinion of the European Aviation Safety Agency Committee, 23 September 2003.

(7)   OJ L 224, 21.8.2012, p. 1.


ANNEX I

(Part-M)

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

Operator's 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

Installation

M.A.502

Component maintenance

M.A.503

Service life limited components

M.A.504

Control of unserviceable 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

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 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 —

PROCEDURES FOR COMPETENT AUTHORITIES

SUBPART A —

GENERAL

M.B.101

Scope

M.B.102

Competent authority

M.B.104

Record-keeping

M.B.105

Mutual exchange of information

SUBPART B —

ACCOUNTABILITY

M.B.201

Responsibilities

SUBPART C —

CONTINUING AIRWORTHINESS

M.B.301

Maintenance programme

M.B.302

Exemptions

M.B.303

Aircraft continuing airworthiness monitoring

M.B.304

Revocation, suspension and limitation

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

Appendix I —

Continuing Airworthiness Arrangement

Appendix II —

Authorised Release Certificate — EASA Form 1

Appendix III —

Airworthiness Review Certificate — EASA Form 15

Appendix IV —

Class and Ratings System 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 VI —

Continuing Airworthiness Management Organisation Approval referred to in Annex I (Part-M) Subpart G

Appendix VII —

Complex Maintenance Tasks

Appendix VIII —

Limited Pilot Owner Maintenance

M.1

For the purpose of this Part, the competent authority shall be:

1.

for the oversight of the continuing airworthiness of individual aircraft and the issue of airworthiness review certificates the authority designated by the Member State of registry;

2.

for the oversight of a maintenance organisation as specified in Section A, Subpart F of this Annex (Part-M):

(i)

the authority designated by the Member State where that organisation's principle place of business is located;

(ii)

the Agency if the organisation is located in a third country;

3.

for the oversight of a continuing airworthiness management organisation as specified in Section A, Subpart G of this Annex (Part-M):

(i)

the authority designated by the Member State where that organisation's principle place of business is located if the approval is not included in an air operator's certificate;

(ii)

the authority designated by the Member State of the operator if the approval is included in an air operator's certificate;

(iii)

the Agency if the organisation is located in a third country;

4.

for the approval of maintenance programmes:

(i)

the authority designated by the Member State of registry;

(ii)

in the case of commercial air transport, when the Member State of the operator is different from the State of registry, the authority agreed by the above two States prior to the approval of the maintenance programme.

(iii)

By derogation from point 4(i), when the continuing airworthiness of an aircraft not used in commercial air transport is managed by a continuing airworthiness management organisation approved in accordance with Section A, Subpart G, of this Annex (Part-M) not subject to the oversight of the Member State of registry, and only if agreed with the Member State of registry prior to the approval of the maintenance programme:

(a)

the authority designated by the Member State responsible for the oversight of the continuing airworthiness management organisation; or

(b)

the Agency if the continuing airworthiness management organisation is located in a third country.

SECTION A

TECHNICAL REQUIREMENTS

SUBPART A

GENERAL

M.A.101   Scope

This Section establishes the measures to be taken to ensure that airworthiness is maintained, including maintenance. It also specifies the conditions to be met by the persons or organisations involved in such continuing airworthiness management.

SUBPART B

ACCOUNTABILITY

M.A.201   Responsibilities

(a)

The owner is responsible for the continuing airworthiness of an aircraft and shall ensure that no flight takes place unless:

1.

the aircraft is maintained in an airworthy condition, and;

2.

any operational and emergency equipment fitted is correctly installed and serviceable or clearly identified as unserviceable, and;

3.

the airworthiness certificate remains valid, and;

4.

the maintenance of the aircraft is performed in accordance with the approved maintenance programme as specified in point M.A.302.

(b)

When the aircraft is leased, the responsibilities of the owner are transferred to the lessee if:

1.

the lessee is stipulated on the registration document; or

2.

detailed in the leasing contract.

When reference is made in this Part to the ‘owner’, the term owner covers the owner or the lessee, as applicable.

(c)

Any person or organisation performing maintenance shall be responsible for the tasks performed.

(d)

The pilot-in-command or, in the case of commercial air transport, the operator shall be responsible for the satisfactory accomplishment of the pre-flight inspection. This inspection must be carried out by the pilot or another qualified person but need not be carried out by an approved maintenance organisation or by Part-66 certifying staff.

(e)

In order to satisfy the responsibilities of point (a),

(i)

the owner of an aircraft may contract the tasks associated with continuing airworthiness to a continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part-M). In this case, the continuing airworthiness management organisation assumes responsibility for the proper accomplishment of these tasks;

(ii)

an owner who decides to manage the continuing airworthiness of the aircraft under its own responsibility, without a contract in accordance with Appendix I, may nevertheless make a limited contract with a continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part-M), for the development of the maintenance programme and its approval in accordance with point M.A.302. In that case, the limited contract transfers the responsibility for the development and approval of the maintenance programme to the contracted continuing airworthiness management organisation.

(f)

In the case of large aircraft, in order to satisfy the responsibilities of point (a) the owner of an aircraft shall ensure that the tasks associated with continuing airworthiness are performed by an approved continuing airworthiness management organisation. A written contract shall be made in accordance with Appendix I. In this case, the continuing airworthiness management organisation assumes responsibility for the proper accomplishment of these tasks.

(g)

Maintenance of large aircraft, aircraft used for commercial air transport and components thereof shall be carried out by a Part-145 approved maintenance organisation.

(h)

In the case of commercial air transport the operator is responsible for the continuing airworthiness of the aircraft it operates and shall:

1.

be approved, as part of the air operator certificate issued by the competent authority, pursuant to Section A, Subpart G of this Annex (Part-M) for the aircraft it operates; and

2.

be approved in accordance with Annex II (Part-145) or contract such an organisation; and

3.

ensure that point (a) is satisfied.

(i)

When an operator is requested by a Member State to hold a certificate for commercial operations, other than for commercial air transport, it shall:

1.

be appropriately approved, pursuant to Section A, Subpart G of this Annex (Part-M), for the management of the continuing airworthiness of the aircraft it operates or contract such an organisation; and

2.

be appropriately approved in accordance with Section A, Subpart F of this Annex (Part-M) or Annex II (Part-145), or contract such organisations; and

3.

ensure that point (a) is satisfied.

(j)

The owner/operator is responsible for granting the competent authority access to the organisation/aircraft to determine continued compliance with this Part.

M.A.202   Occurrence reporting

(a)

Any person or organisation responsible in accordance with point M.A.201 shall report to the competent authority designated by the State of Registry, the organisation responsible for the type design or supplemental type design and, if applicable, the Member State of operator, any identified condition of an aircraft or component which endangers flight safety.

(b)

Reports shall be made in a manner established by the Agency and contain all pertinent information about the condition known to the person or organisation.

(c)

Where the person or organisation maintaining the aircraft is contracted by an owner or an operator to carry out maintenance, the person or the organisation maintaining the aircraft shall also report to the owner, the operator or the continuing airworthiness management organisation any such condition affecting the owner's or the operator's aircraft or component.

(d)

Reports shall be made as soon as practicable, but in any case within 72 hours of the person or organisation identifying the condition to which the report relates.

SUBPART C

CONTINUING AIRWORTHINESS

M.A.301   Continuing airworthiness tasks

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

1.

the accomplishment of pre-flight inspections;

2.

The rectification in accordance with the data specified in point M.A.304 and/or point M.A.401, as applicable, of any defect and damage affecting safe operation, taking into account, for all large aircraft or aircraft used for commercial air transport, the minimum equipment list and configuration deviation list as applicable to the aircraft type;

3.

the accomplishment of all maintenance, in accordance with the M.A.302 approved aircraft maintenance programme;

4.

for all large aircraft or aircraft used for commercial air transport the analysis of the effectiveness of the M.A.302 approved maintenance programme;

5.

the accomplishment of any applicable:

(i)

airworthiness directive;

(ii)

operational directive with a continuing airworthiness impact;

(iii)

continued airworthiness requirement established by the Agency;

(iv)

measures mandated by the competent authority in immediate reaction to a safety problem;

6.

the accomplishment of modifications and repairs in accordance with point M.A.304;

7.

for non-mandatory modifications and/or inspections, for all large aircraft or aircraft used for commercial air transport the establishment of an embodiment policy;

8.

maintenance check flights when necessary.

M.A.302   Aircraft Maintenance Programme

(a)

Maintenance of each aircraft shall be organised in accordance with an aircraft maintenance programme.

(b)

The aircraft maintenance programme and any subsequent amendments shall be approved by the competent authority.

(c)

When the continuing airworthiness of the aircraft is managed by a continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M), the aircraft maintenance programme and its amendments may be approved through an indirect approval procedure.

(i)

In that case, the indirect approval procedure shall be established by the continuing airworthiness management organisation as part of the Continuing Airworthiness Management Exposition and shall be approved by the competent authority responsible for that continuing airworthiness management organisation.

(ii)

The continuing airworthiness management organisation shall not use the indirect approval procedure when this organisation is not under the oversight of the Member State of Registry, unless an agreement exists in accordance with point M.1 (4)(ii) or (4)(iii), as applicable, transferring the responsibility for the approval of the aircraft maintenance programme to the competent authority responsible for the continuing airworthiness management organisation.

(d)

The aircraft maintenance programme must establish compliance with:

(i)

instructions issued by the competent authority;

(ii)

instructions for continuing airworthiness:

issued by the holders of the type-certificate, restricted type-certificate, supplemental type-certificate, major repair design approval, ETSO authorisation or any other relevant approval issued under Regulation (EU) No 748/2012 and its Annex I (Part-21), and

included in the certification specifications referred to in point 21A.90B or 21A.431B of Annex I (Part-21) to Regulation (EU) No 748/2012, if applicable;

(iii)

additional or alternative instructions proposed by the owner or the continuing airworthiness management organisation once approved in accordance with point M.A.302, except for intervals of safety related tasks referred in point (e), which may be escalated, subject to sufficient reviews carried out in accordance with point (g) and only when subject to direct approval in accordance with point M.A.302(b).

(e)

The aircraft maintenance programme shall contain details, including frequency, of all maintenance to be carried out, including any specific tasks linked to the type and the specificity of operations.

(f)

For large aircraft, when the maintenance programme is based on maintenance steering group logic or on condition monitoring, the aircraft maintenance programme shall include a reliability programme.

(g)

The aircraft maintenance programme shall be subject to periodic reviews and amended accordingly when necessary. These reviews shall ensure that the programme continues to be valid in light of the operating experience and instructions from the competent authority whilst taking into account new and/or modified maintenance instructions promulgated by the type certificate and supplementary type certificate holders and any other organisation that publishes such data in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012.

M.A.303   Airworthiness directives

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

M.A.304   Data for modifications and repairs

Damage shall be assessed and modifications and repairs carried out using as appropriate:

(a)

data approved by the Agency; or

(b)

data approved by a Part-21 design organisation; or

(c)

data contained in the certification specifications referred to in point 21A.90B or 21A.431B of Annex I (Part-21) to Regulation (EU) No 748/2012.

M.A.305   Aircraft continuing airworthiness record system

(a)

At the completion of any maintenance, the certificate of release to service required by point M.A.801 or point 145.A.50 shall be entered in the aircraft continuing airworthiness records. Each entry shall be made as soon as practicable but in no case more than 30 days after the day of the maintenance action.

(b)

The aircraft continuing airworthiness records shall consist of:

1.

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, and,

2.

when required in point M.A.306 for commercial air transport or by the Member State for commercial operations other than commercial air transport, the operator's technical log.

(c)

The aircraft type and registration mark, the date, together with total flight time and/or flight cycles and/or landings, as appropriate, shall be entered in the aircraft logbooks.

(d)

The aircraft continuing airworthiness records shall contain the current:

1.

status of airworthiness directives and measures mandated by the competent authority in immediate reaction to a safety problem;

2.

status of modifications and repairs;

3.

status of compliance with maintenance programme;

4.

status of service life limited components;

5.

mass and balance report;

6.

list of deferred maintenance.

(e)

In addition to the authorised release document, EASA Form 1 or equivalent, the following information relevant to any component installed (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.

identification of the component; and

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; and

3.

the date together with the component's accumulated total flight time and/or flight cycles and/or landings and/or calendar time, as appropriate; and

4.

the current point (d) information applicable to the component.

(f)

The person responsible for the management of continuing airworthiness tasks pursuant to Section A, Subpart B of this Annex (Part M), shall control the records as detailed in this point 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 or operator 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 not less than 36 months after the aircraft or component has been released to service; and

2.

the total time in service (hours, calendar time, cycles and landings) of the aircraft and all service life-limited components, at least 12 months after the aircraft or component has been permanently withdrawn from service; and

3.

the time in service (hours, calendar time, cycles and landings) as appropriate, since 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; and

4.

the current status of compliance with maintenance programme such that compliance with the approved aircraft maintenance programme can be established, at least until the aircraft or component scheduled maintenance has been superseded by other scheduled maintenance of equivalent work scope and detail; and

5.

the current status of airworthiness directives applicable to the aircraft and components, at least 12 months after the aircraft or component has been permanently withdrawn from service; and

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.

M.A.306   Operator's technical log system

(a)

In the case of commercial air transport, in addition to the requirements of point M.A.305, an operator shall use an aircraft technical log system containing the following information for each aircraft:

1.

information about each flight, necessary to ensure continued flight safety, and;

2.

the current aircraft certificate of release to service, and;

3.

the current maintenance statement giving the aircraft maintenance status of what scheduled and out of phase maintenance is next due except that the competent authority may agree to the maintenance statement being kept elsewhere, and;

4.

all outstanding deferred defects rectifications that affect the operation of the aircraft, and;

5.

any necessary guidance instructions on maintenance support arrangements.

(b)

The aircraft technical log system and any subsequent amendment shall be approved by the competent authority.

(c)

An operator shall ensure that the aircraft technical log is retained for 36 months after the date of the last entry.

M.A.307   Transfer of aircraft continuing airworthiness records

(a)

The owner or operator shall ensure when an aircraft is permanently transferred from one owner or operator to another that the M.A.305 continuing airworthiness records and, if applicable, M.A.306 operator's technical log are also transferred.

(b)

The owner shall ensure, when he contracts the continuing airworthiness management tasks to a continuing airworthiness management organisation, that the M.A.305 continuing airworthiness records are transferred to the organisation.

(c)

The time periods prescribed for the retention of records shall continue to apply to the new owner, operator or continuing airworthiness management organisation.

SUBPART D

MAINTENANCE STANDARDS

M.A.401   Maintenance data

(a)

The person or organisation maintaining an aircraft shall have access to and use only applicable current maintenance data in the performance of maintenance including modifications and repairs.

(b)

For the purposes of this Part, applicable maintenance data is:

1.

any applicable requirement, procedure, standard or information issued by the competent authority or the Agency,

2.

any applicable airworthiness directive,

3.

applicable instructions for continuing airworthiness, issued by type certificate holders, supplementary type certificate holders and any other organisation that publishes such data in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012.

4.

any applicable data issued in accordance with point 145.A.45(d).

(c)

The person or organisation maintaining an aircraft shall ensure that all applicable maintenance data is current and readily available for use when required. The person or organisation shall establish a work card or worksheet system to be used and shall either transcribe accurately the maintenance data onto such work cards or worksheets or make precise reference to the particular maintenance task or tasks contained in such maintenance data.

M.A.402   Performance of maintenance

(a)

All maintenance shall be performed by qualified personnel, following the methods, techniques, standards and instructions specified in the M.A.401 maintenance data. Furthermore, an independent inspection shall be carried out after any flight safety sensitive maintenance task unless otherwise specified by Annex II (Part-145) or agreed by the competent authority.

(b)

All maintenance shall be performed using the tools, equipment and material specified in the M.A.401 maintenance data unless otherwise specified by Annex II (Part-145). Where necessary, tools and equipment shall be controlled and calibrated to an officially recognised standard.

(c)

The area in which maintenance is carried out shall be well organised and clean in respect of dirt and contamination.

(d)

All maintenance shall be performed within any environmental limitations specified in the M.A.401 maintenance data.

(e)

In case of inclement weather or lengthy maintenance, proper facilities shall be used.

(f)

After completion of all maintenance a general verification must be carried out to ensure the aircraft or component is clear of all tools, equipment and any other extraneous parts and material, and that all access panels removed have been refitted.

M.A.403   Aircraft defects

(a)

Any aircraft defect that hazards seriously the flight safety shall be rectified before further flight.

(b)

Only the authorised certifying staff, according to points M.A.801(b)1, M.A.801(b)2, M.A.801(c), M.A.801(d) or Annex II (Part-145) can decide, using M.A.401 maintenance data, whether an aircraft defect hazards seriously the flight safety and therefore decide when and which rectification action shall be taken before further flight and which defect rectification can be deferred. However, this does not apply when:

1.

the approved minimum equipment list as mandated by the competent authority is used by the pilot; or,

2.

aircraft defects are defined as being acceptable by the competent authority.

(c)

Any aircraft defect that would not hazard seriously the flight safety shall be rectified as soon as practicable, after the date the aircraft defect was first identified and within any limits specified in the maintenance data.

(d)

Any defect not rectified before flight shall be recorded in the M.A.305 aircraft maintenance record system or M.A.306 operator's technical log system as applicable.

SUBPART E

COMPONENTS

M.A.501   Installation

(a)

No component may be fitted unless it is in a satisfactory condition, has been appropriately released to service on an EASA Form 1 or equivalent and is marked in accordance with Annex I (Part-21), Subpart Q, unless otherwise specified in Annex I (Part-21) to Regulation (EU) No 748/2012, Annex II (Part-145) or Subpart F, Section A of Annex I to this Regulation.

(b)

Prior to installation of a component on an aircraft the person or approved maintenance organisation shall ensure that the particular component is eligible to be fitted when different modification and/or airworthiness directive configurations may be applicable.

(c)

Standard parts shall only be fitted to an aircraft or a component when the maintenance data specifies the particular standard part. Standard parts shall only be fitted when accompanied by evidence of conformity traceable to the applicable standard.

(d)

Material being either raw material or consumable material shall only be used on an aircraft or a component when the aircraft or component manufacturer states so in relevant maintenance data or as specified in Annex II (Part-145). Such material shall only be used when the material meets the required specification and has appropriate traceability. All material must be accompanied by documentation clearly relating to the particular material and containing a conformity to specification statement plus both the manufacturing and supplier source.

M.A.502   Component maintenance

(a)

Except for components referred to in point 21A.307(c) of Annex I (Part-21) to Regulation (EU) No 748/2012, the maintenance of components shall be performed by maintenance organisations appropriately approved in accordance with Section A, Subpart F of this Annex (Part-M) or with Annex II (Part-145).

(b)

By derogation from point (a), maintenance of a component in accordance with aircraft maintenance data or, if agreed by the competent authority, in accordance with component maintenance data, may be performed by an A rated organisation approved in accordance with Section A, Subpart F of this Annex (Part-M) or with Annex II (Part-145) as well as by certifying staff referred to in point M.A.801(b)2 only whilst such components are fitted to the aircraft. Nevertheless, such organisation or certifying staff may temporarily remove this component for maintenance, in order to improve access to the component, except when such removal generates the need for additional maintenance not eligible for the provisions of this point. Component maintenance performed in accordance with this point is not eligible for the issuance of an EASA Form 1 and shall be subject to the aircraft release requirements provided for in point M.A.801.

(c)

By derogation from point (a), maintenance of an engine/Auxiliary Power Unit (APU) component in accordance with engine/APU maintenance data or, if agreed by the competent authority, in accordance with component maintenance data, may be performed by a B rated organisation approved in accordance with Section A, Subpart F of this Annex (Part-M) or with Annex II (Part-145) only whilst such components are fitted to the engine/APU. Nevertheless, such B rated organisation may temporarily remove this component for maintenance, in order to improve access to the component, except when such removal generates the need for additional maintenance not eligible for the provisions of this point.

(d)

By derogation from point (a) and point M.A.801(b)2, maintenance of a component while installed or temporarily removed from an ELA1 aircraft not used in commercial air transport and performed in accordance with component maintenance data, may be performed by certifying staff referred to in point M.A.801(b)2, except for:

1.

overhaul of components other than engines and propellers, and;

2.

overhaul of engines and propellers for aircraft other than CS-VLA, CS-22 and LSA.

Component maintenance performed in accordance with point (d) is not eligible for the issuance of an EASA Form 1 and shall be subject to the aircraft release requirements provided for in point M.A.801.

(e)

Maintenance of components referred to in 21A.307(c) of Annex I (Part-21) to Regulation (EU) No 748/2012 shall be performed by an A-rated organisation approved in accordance with Section A, Subpart F of this Annex (Part-M) or Part-145, by certifying staff referred to in point M.A.801(b)2 or by the pilot-owner referred to in point M.A.801(b)3 while such a component is fitted to the aircraft or temporarily removed to improve access. Component maintenance performed in accordance with this point is not eligible for the issuance of an EASA Form 1 and shall be subject to the aircraft release requirements provided for in point M.A.801.

M.A.503   Service life limited components

(a)

Installed service life limited components shall not exceed the approved service life limit as specified in the approved maintenance programme and airworthiness directives, except as provided for in point M.A.504(c).

(b)

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

(c)

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

M.A.504   Control of unserviceable components

(a)

A component shall be considered unserviceable in any one of the following circumstances:

1.

expiry of the service life limit as defined in the maintenance program;

2.

non-compliance with the applicable airworthiness directives and other continued airworthiness requirement mandated by the Agency;

3.

absence of the necessary information to determine the airworthiness status or eligibility for installation;

4.

evidence of defects or malfunctions;

5.

involvement in an incident or accident likely to affect its serviceability.

(b)

Unserviceable components shall be identified and stored in a secure location under the control of an approved maintenance organisation until a decision is made on the future status of such component. Nevertheless, for aircraft not used in commercial air transport other than large aircraft, the person or organisation that declared the component unserviceable may transfer its custody, after identifying it as unserviceable, to the aircraft owner provided that such transfer is reflected in the aircraft logbook or engine logbook or component logbook.

(c)

Components which have reached their certified life limit or contain a non-repairable defect 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 according to point M.A.304.

(d)

Any person or organisation accountable under this Annex (Part-M) shall, in the case of a point (c) unsalvageable components:

1.

retain such component in the point (b) location, or;

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 component.

(e)

Notwithstanding point (d) a person or organisation accountable under this Annex (Part-M) may transfer responsibility of components classified as unsalvageable to an organisation for training or research without mutilation.

SUBPART F

MAINTENANCE ORGANISATION

M.A.601   Scope

This Subpart establishes the requirements to be met by an organisation to qualify for the issue or continuation of an approval for the maintenance of aircraft and components not listed in point M.A.201(g).

M.A.602   Application

An application for issue or change of a maintenance organisation approval shall be made on a form and in a manner established by the competent authority.

M.A.603   Extent of approval

(a)

An organisation involved in activities subject to this Subpart shall not exercise its activities unless approved by the competent authority. Appendix V to Annex I (Part-M) provides the template certificate for this approval.

(b)

The maintenance organisation's manual referred to in point M.A.604 shall specify the scope of work deemed to constitute approval. Appendix IV to Annex I (Part-M) defines all classes and ratings possible under Subpart F of this Annex (Part-M).

(c)

An approved maintenance organisation may fabricate, in conformity with maintenance data, a restricted range of parts for the use in the course of undergoing work within its own facilities, as identified in the maintenance organisation manual.

M.A.604   Maintenance organisation manual

(a)

The maintenance organisation shall provide a manual containing at least the following information:

1.

a statement signed by the accountable manager to confirm that the organisation will continuously work in accordance with Annex I (Part-M) and the manual at all times, and;

2.

the organisation's scope of work, and;

3.

the title(s) and name(s) of person(s) referred to in point M.A.606(b), and;

4.

an organisation chart showing associated chains of responsibility between the person(s) referred to in point M.A.606(b), and;

5.

a list of certifying staff with their scope of approval, and;

6.

a list of locations where maintenance is carried out, together with a general descriptions of the facilities, and;

7.

procedures specifying how the maintenance organisation ensures compliance with this Part, and;

8.

the maintenance organisation manual amendment procedure(s).

(b)

The maintenance organisation manual and its amendments shall be approved by the competent authority.

(c)

Notwithstanding point (b) minor amendments to the manual may be approved through a procedure (hereinafter called indirect approval).

M.A.605   Facilities

The organisation shall ensure that:

(a)

Facilities are provided for all planned work, specialised workshops and bays are segregated as appropriate, to ensure protection from contamination and the environment.

(b)

Office accommodation is provided for the management of all planned work including in particular, the completion of maintenance records.

(c)

Secure storage facilities are provided for components, equipment, tools and material. Storage conditions shall ensure segregation of unserviceable components and material from all other components, material, equipment and tools. Storage conditions shall be in accordance with the manufacturers' instructions and access shall be restricted to authorised personnel.

M.A.606   Personnel requirements

(a)

The organisation shall appoint an accountable manager, who has corporate authority for ensuring that all maintenance required by the customer can be financed and carried out to the standard required by this Part.

(b)

A person or group of persons shall be nominated with the responsibility of ensuring that the organisation is always in compliance with this Subpart. Such person(s) shall be ultimately responsible to the accountable manager.

(c)

All point (b) persons shall be able to show relevant knowledge, background and appropriate experience related to aircraft and/or component maintenance.

(d)

The organisation shall have appropriate staff for the normal expected contracted work. The use of temporarily sub-contracted staff is permitted in the case of higher than normally expected contracted work and only for personnel not issuing a certificate of release to service.

(e)

The qualification of all personnel involved in maintenance shall be demonstrated and recorded.

(f)

Personnel who carry out specialised tasks such as welding, non-destructive testing/inspection other than colour contrast shall be qualified in accordance with an officially recognised standard.

(g)

The maintenance organisation shall have sufficient certifying staff to issue M.A.612 and M.A.613 certificates of release to service for aircraft and components. They shall comply with the requirements of Annex III (Part-66).

(h)

By derogation from point (g), the organisation may use certifying staff qualified in accordance with the following provisions when providing maintenance support to operators involved in commercial operations, subject to appropriate procedures to be approved as part of the organisation's manual:

1.

For a repetitive pre-flight airworthiness directive which specifically states that the flight crew may carry out such airworthiness directive, the organisation may issue a limited certifying staff authorisation to the aircraft commander on the basis of the flight crew licence held, provided that the organisation ensures that sufficient practical training has been carried out to ensure that such person can accomplish the airworthiness directive to the required standard;

2.

In the case of aircraft operating away from a supported location the organisation may issue a limited certifying staff authorisation to the aircraft commander on the basis of the flight crew licence, provided that the organisation ensures that sufficient practical training has been carried out to ensure that such person can accomplish the task to the required standard.

M.A.607   Certifying staff

(a)

In addition to point M.A.606(g), certifying staff can only exercise their privileges, if the organisation has ensured:

1.

that certifying staff can demonstrate that they meet the requirements of point 66.A.20(b) of Annex III (Part-66), except when Annex III (Part-66) refers to Member State regulation, in which case they shall meet the requirement of such regulation, and;

2.

that certifying staff have an adequate understanding of the relevant aircraft and/or aircraft component(s) to be maintained together with the associated organisation procedures.

(b)

In the following unforeseen cases, where an aircraft is grounded at a location other than the main base where no appropriate certifying staff is available, the maintenance organisation contracted to provide maintenance support may issue a one-off certification authorisation:

1.

to one of its employees holding type qualifications on aircraft of similar technology, construction and systems; or

2.

to any person with not less than three years maintenance experience and holding a valid ICAO aircraft maintenance licence rated for the aircraft type requiring certification provided there is no organisation appropriately approved under this Part at that location and the contracted organisation obtains and holds on file evidence of the experience and the licence of that person.

All such cases must be reported to the competent authority within seven days of the issuance of such certification authorisation. The approved maintenance organisation issuing the one-off certification authorisation shall ensure that any such maintenance that could affect flight safety is re-checked.

(c)

The approved maintenance organisation shall record all details concerning certifying staff and maintain a current list of all certifying staff together with their scope of approval as part of the organisation's manual pursuant to point M.A.604(a)5.

M.A.608   Components, equipment and tools

(a)

The organisation shall:

1.

hold the equipment and tools specified in the maintenance data described in point M.A.609 or verified equivalents as listed in the maintenance organisation manual as necessary for day-to-day maintenance within the scope of the approval; and,

2.

demonstrate that it has access to all other equipment and tools used only on an occasional basis.

(b)

Tools and equipment shall be controlled and calibrated to an officially recognised standard. Records of such calibrations and the standard used shall be kept by the organisation.

(c)

The organisation shall inspect, classify and appropriately segregate all incoming components.

M.A.609   Maintenance data

The approved maintenance organisation shall hold and use applicable current maintenance data specified in point M.A.401 in the performance of maintenance including modifications and repairs. In the case of customer provided maintenance data, it is only necessary to have such data when the work is in progress.

M.A.610   Maintenance work orders

Before the commencement of maintenance a written work order shall be agreed between the organisation and the organisation requesting maintenance to clearly establish the maintenance to be carried out.

M.A.611   Maintenance standards

All maintenance shall be carried out in accordance with the requirements of Section A, Subpart D of this Annex (Part-M).

M.A.612   Aircraft certificate of release to service

At the completion of all required aircraft maintenance in accordance with this Subpart an aircraft certificate of release to service shall be issued according to point M.A.801.

M.A.613   Component certificate of release to service

(a)

At the completion of all required component maintenance in accordance with this Subpart a component certificate of release to service shall be issued in accordance with point M.A.802. EASA Form 1 shall be issued except for those components maintained in accordance with points M.A.502(b), M.A.502(d) or M.A.502(e) and components fabricated in accordance with point M.A.603(c).

(b)

The component certificate release to service document, EASA Form 1 may be generated from a computer database.

M.A.614   Maintenance records

(a)

The approved maintenance organisation shall record all details of work carried out. Records necessary to prove all requirements have been met for issuance of the certificate of release to service including the sub-contractor's release documents shall be retained.

(b)

The approved maintenance organisation shall provide a copy of each certificate of release to service to the aircraft owner, together with a copy of any specific repair/modification data used for repairs/modifications carried out.

(c)

The approved maintenance organisation shall retain a copy of all maintenance records and any associated maintenance data for three years from the date the aircraft or aircraft component to which the work relates was released from the approved maintenance organisation.

1.

The records under this point shall be stored in a manner that ensures protection from damage, alteration and theft.

2.

All computer hardware used to ensure backup shall be stored in a different location from that containing the working data in an environment that ensures they remain in good condition.

3.

Where an approved maintenance organisation terminates its operation, all retained maintenance records covering the last three years shall be distributed to the last owner or customer of the respective aircraft or component or shall be stored as specified by the competent authority.

M.A.615   Privileges of the organisation

The maintenance organisation approved in accordance with Section A, Subpart F of this Annex (Part-M), may:

(a)

maintain any aircraft and/or component for which it is approved at the locations specified in the approval certificate and the maintenance organisation manual;

(b)

arrange for the performance of specialized services under the control of the maintenance organisation at another organisation appropriately qualified, subject to appropriate procedures being established as part of the Maintenance Organisation Manual approved by the competent authority directly;

(c)

maintain any aircraft and/or component for which it is approved at any location subject to the need of such maintenance arising either from the unserviceability of the aircraft or from the necessity of supporting occasional maintenance, subject to the conditions specified in the Maintenance Organisation Manual;

(d)

issue certificates of release to service on completion of maintenance, in accordance with point M.A.612 or point M.A.613.

M.A.616   Organisational review

To ensure that the approved maintenance organisation continues to meet the requirements of this Subpart, it shall organise, on a regular basis, organisational reviews.

M.A.617   Changes to the approved maintenance organisation

In order to enable the competent authority to determine continued compliance with this Part, the approved maintenance organisation shall notify it of any proposal to carry out any of the following changes, before such changes take place:

1.

the name of the organisation;

2.

the location of the organisation;

3.

additional locations of the organisation;

4.

the accountable manager;

5.

any of the persons specified in point M.A.606(b);

6.

the facilities, equipment, tools, material, procedures, work scope and certifying staff that could affect the approval.

In the case of proposed changes in personnel not known to the management beforehand, these changes shall be notified at the earliest opportunity.

M.A.618   Continued validity of approval

(a)

An approval shall be issued for an unlimited duration. It shall remain valid subject to:

1.

the organisation remaining in compliance with this Part, in accordance with the provisions related to the handling of findings as specified under point M.A.619, and;

2.

the competent authority being granted access to the organisation to determine continued compliance with this Part, and;

3.

the approval not being surrendered or revoked;

(b)

Upon surrender or revocation, the approval certificate shall be returned to the competent authority.

M.A.619   Findings

(a)

A level 1 finding is any significant non-compliance with Part-M requirements which lowers the safety standard and hazards seriously the flight safety.

(b)

A level 2 finding is any non-compliance with the Part-M requirements which could lower the safety standard and possibly hazard the flight safety.

(c)

After receipt of notification of findings according to point M.B.605, the holder of the maintenance organisation approval shall define a corrective action plan and demonstrate corrective action to the satisfaction of the competent authority within a period agreed with this authority.

SUBPART G

CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION

M.A.701   Scope

This Subpart establishes the requirements to be met by an organisation to qualify for the issue or continuation of an approval for the management of aircraft continuing airworthiness.

M.A.702   Application

An application for issue or change of a continuing airworthiness management organisation approval shall be made on a form and in a manner established by the competent authority.

M.A.703   Extent of approval

(a)

The approval is indicated on a certificate included in Appendix VI issued by the competent authority.

(b)

Notwithstanding point (a), for commercial air transport, the approval shall be part of the air operator certificate issued by the competent authority, for the aircraft operated.

(c)

The scope of work deemed to constitute the approval shall be specified in the continuing airworthiness management exposition in accordance with point M.A.704.

M.A.704   Continuing airworthiness management exposition

(a)

The continuing airworthiness management organisation shall provide a continuing airworthiness management exposition containing the following information:

1.

a statement signed by the accountable manager to confirm that the organisation will work in accordance with this Part and the exposition at all times, and;

2.

the organisation's scope of work, and;

3.

the title(s) and name(s) of person(s) referred to in points M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i), and;

4.

an organisation chart showing associated chains of responsibility between all the person(s) referred to in points M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i), and;

5.

a list of the airworthiness staff referred to in point M.A.707, specifying, where applicable, the staff authorised to issue permits to fly in accordance with point M.A.711(c), and;

6.

a general description and location of the facilities, and;

7.

procedures specifying how the continuing airworthiness management organisation ensures compliance with this Part, and;

8.

the continuing airworthiness management exposition amendment procedures, and;

9.

the list of approved aircraft maintenance programmes, or, for aircraft not involved in commercial air transport, the list of ‘generic’ and ‘baseline’ maintenance programmes.

(b)

The continuing airworthiness management exposition and its amendments shall be approved by the competent authority.

(c)

Notwithstanding point (b), minor amendments to the exposition may be approved indirectly through an indirect approval procedure. The indirect approval procedure shall define the minor amendment eligible, be established by the continuing airworthiness management organisation as part of the exposition and be approved by the competent authority responsible for that continuing airworthiness management organisation.

M.A.705   Facilities

The continuing airworthiness management organisation shall provide suitable office accommodation at appropriate locations for the personnel specified in point M.A.706.

M.A.706   Personnel requirements

(a)

The organisation shall appoint an accountable manager, who has corporate authority for ensuring that all continuing airworthiness management activities can be financed and carried out in accordance with this Part.

(b)

For commercial air transport the point (a) accountable manager shall be the person who also has corporate authority for ensuring that all the operations of the operator can be financed and carried out to the standard required for the issue of an air operator's certificate.

(c)

A person or group of persons shall be nominated with the responsibility of ensuring that the organisation is always in compliance with this Subpart. Such person(s) shall be ultimately responsible to the accountable manager.

(d)

For commercial air transport, the accountable manager shall designate a nominated post holder. This person shall be responsible for the management and supervision of continuing airworthiness activities, pursuant to point (c).

(e)

The nominated post holder referred to in point (d) shall not be employed by a Part-145 approved organisation under contract to the operator, unless specifically agreed by the competent authority.

(f)

The organisation shall have sufficient appropriately qualified staff for the expected work.

(g)

All point (c) and (d) persons shall be able to show relevant knowledge, background and appropriate experience related to aircraft continuing airworthiness.

(h)

The qualification of all personnel involved in continuing airworthiness management shall be recorded.

(i)

For organisations extending airworthiness review certificates in accordance with points M.A.711(a)4 and M.A.901(f), the organisation shall nominate persons authorised to do so, subject to approval by the competent authority.

(j)

The organisation shall define and keep updated in the continuing airworthiness management exposition the title(s) and name(s) of person(s) referred to in points M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i).

(k)

For all large aircraft and for aircraft used for commercial air transport the organisation shall establish and control the competence of personnel involved in the continuing airworthiness management, airworthiness review and/or quality audits in accordance with a procedure and to a standard agreed by the competent authority.

M.A.707   Airworthiness review staff

(a)

To be approved to carry out airworthiness reviews and, if applicable, to issue permits to fly, an approved continuing airworthiness management organisation shall have appropriate airworthiness review staff to issue airworthiness review certificates or recommendations referred to in Section A of Subpart I and, if applicable, to issue a permit to fly in accordance with point M.A.711(c):

1.

For all aircraft used in commercial air transport, and aircraft above 2 730 kg MTOM, except balloons, these staff shall have acquired:

(a)

at least five years' experience in continuing airworthiness; and

(b)

an appropriate license in compliance with Annex III (Part-66) or an aeronautical degree or a national equivalent; and

(c)

formal aeronautical maintenance training; and

(d)

a position within the approved organisation with appropriate responsibilities.

(e)

Notwithstanding points (a) to (d), the requirement laid down in point M.A.707(a)1(b) may be replaced by five years of experience in continuing airworthiness additional to those already required by point M.A.707(a)1(a).

2.

For aircraft not used in commercial air transport of 2 730 kg MTOM and below, and balloons, these staff shall have acquired:

(a)

at least three years' experience in continuing airworthiness, and

(b)

an appropriate license in compliance with Annex III (Part-66) or an aeronautical degree or a national equivalent; and

(c)

appropriate aeronautical maintenance training; and

(d)

a position within the approved organisation with appropriate responsibilities;

(e)

Notwithstanding points (a) to (d), the requirement laid down in point M.A.707(a)2(b) may be replaced by four years of experience in continuing airworthiness additional to those already required by point M.A.707(a)2(a).

(b)

Airworthiness review staff nominated by the approved continuing airworthiness organisation can only be issued an authorisation by the approved continuing airworthiness organisation when formally accepted by the competent authority after satisfactory completion of an airworthiness review under supervision.

(c)

The organisation shall ensure that aircraft airworthiness review staff can demonstrate appropriate recent continuing airworthiness management experience.

(d)

Airworthiness review staff shall be identified by listing each person in the continuing airworthiness management exposition together with their airworthiness review authorisation reference.

(e)

The organisation shall maintain a record of all airworthiness review staff, which shall include details of any appropriate qualification held together with a summary of relevant continuing airworthiness management experience and training and a copy of the authorisation. This record shall be retained until two years after the airworthiness review staff have left the organisation.

M.A.708   Continuing airworthiness management

(a)

All continuing airworthiness management shall be carried out according to the prescriptions of M.A Subpart C.

(b)

For every aircraft managed, the approved continuing airworthiness management organisation shall:

1.

develop and control a maintenance programme for the aircraft managed including any applicable reliability programme,

2.

Present the aircraft maintenance programme and its amendments to the competent authority for approval, unless covered by an indirect approval procedure in accordance with point M.A.302(c), and provide a copy of the programme to the owner of aircraft not involved in commercial air transport,

3.

manage the approval of modification and repairs,

4.

ensure that all maintenance is carried out in accordance with the approved maintenance programme and released in accordance with Section A, Subpart H of this Annex (Part-M),

5.

ensure that all applicable airworthiness directives and operational directives with a continuing airworthiness impact, are applied,

6.

ensure that all defects discovered during scheduled maintenance or reported are corrected by an appropriately approved maintenance organisation,

7.

ensure that the aircraft is taken to an appropriately approved maintenance organisation whenever necessary,

8.

coordinate scheduled maintenance, the application of airworthiness directives, the replacement of service life limited parts, and component inspection to ensure the work is carried out properly,

9.

manage and archive all continuing airworthiness records and/or operator's technical log.

10.

ensure that the mass and balance statement reflects the current status of the aircraft.

(c)

In the case of commercial air transport, when the operator is not appropriately approved to Part-145, the operator shall establish a written maintenance contract between the operator and a Part-145 approved organisation or another operator, detailing the functions specified in points M.A.301-2, M.A.301-3, M.A.301-5 and M.A.301-6, ensuring that all maintenance is ultimately carried out by a Part-145 approved maintenance organisation and defining the support of the quality functions of point M.A.712(b). The aircraft base, scheduled line maintenance and engine maintenance contracts, together with all amendments, shall be approved by the competent authority. However, in the case of:

1.

an aircraft requiring unscheduled line maintenance, the contract may be in the form of individual work orders addressed to the Part-145 maintenance organisation.

2.

component maintenance, including engine maintenance, the contract as referred to in point (c) may be in the form of individual work orders addressed to the Part-145 maintenance organisation.

M.A.709   Documentation

(a)

The approved continuing airworthiness management organisation shall hold and use applicable current maintenance data in accordance with point M.A.401 for the performance of continuing airworthiness tasks referred to in point M.A.708. This data may be provided by the owner or the operator, subject to an appropriate contract being established with such an owner or operator. In such case, the continuing airworthiness management organisation only needs to keep such data for the duration of the contract, except when required by point M.A.714.

(b)

For aircraft not involved in commercial air transport, the approved continuing airworthiness management organisation may develop ‘baseline’ and/or ‘generic’ maintenance programmes in order to allow for the initial approval and/or the extension of the scope of an approval without having the contracts referred to in Appendix I to this Annex (Part-M). These ‘baseline’ and/or ‘generic’ maintenance programmes however do not preclude the need to establish an adequate Aircraft Maintenance Programme in compliance with point M.A.302 in due time before exercising the privileges referred to in point M.A.711.

M.A.710   Airworthiness review

(a)

To satisfy the requirement for the airworthiness review of an aircraft referred to in point M.A.901, a full documented review of the aircraft records shall be carried out by the approved continuing airworthiness management organisation in order to be satisfied that:

1.

airframe, engine and propeller flying hours and associated flight cycles have been properly recorded; and

2.

the flight manual is applicable to the aircraft configuration and reflects the latest revision status; and

3.

all the maintenance due on the aircraft according to the approved maintenance programme has been carried out; and

4.

all known defects have been corrected or, when applicable, carried forward in a controlled manner; and

5.

all applicable airworthiness directives have been applied and properly registered; and

6.

all modifications and repairs applied to the aircraft have been registered and are in compliance with Annex I (Part-21) to Regulation (EU) No 748/2012; and

7.

all service life limited components installed on the aircraft are properly identified, registered and have not exceeded their approved service life limit; and

8.

all maintenance has been released in accordance with Annex I (Part-M); and

9.

the current mass and balance statement reflects the configuration of the aircraft and is valid; and

10.

the aircraft complies with the latest revision of its type design approved by the Agency; and

11.

if required, the aircraft holds a noise certificate corresponding to the current configuration of the aircraft in compliance with Subpart I of Annex I (Part-21) to Regulation (EU) No 748/2012.

(b)

The airworthiness review staff of the approved continuing airworthiness management organisation shall carry out a physical survey of the aircraft. For this survey, airworthiness review staff not appropriately qualified to Annex III (Part-66) shall be assisted by such qualified personnel.

(c)

Through the physical survey of the aircraft, the airworthiness review staff shall ensure that:

1.

all required markings and placards are properly installed; and

2.

the aircraft complies with its approved flight manual; and

3.

the aircraft configuration complies with the approved documentation; and

4.

no evident defect can be found that has not been addressed according to point M.A.403; and

5.

no inconsistencies can be found between the aircraft and the point (a) documented review of records.

(d)

By derogation to point M.A.901(a), the airworthiness review can be anticipated by a maximum period of 90 days without loss of continuity of the airworthiness review pattern, to allow the physical review to take place during a maintenance check.

(e)

The airworthiness review certificate (EASA Form 15b) or the recommendation for the issue of the airworthiness review certificate (EASA Form 15a) referred to in Appendix III to Annex I (Part-M) can only be issued:

1.

by airworthiness review staff appropriately authorised in accordance with point M.A.707 on behalf of the approved continuing airworthiness management organisation or by certifying staff in cases provided for in point M.A.901(g); and

2.

when satisfied that the airworthiness review has been completely carried out and that there is no non-compliance which is known to endanger flight safety.

(f)

A copy of any airworthiness review certificate issued or extended for an aircraft shall be sent to the Member State of Registry of that aircraft within 10 days.

(g)

Airworthiness review tasks shall not be sub-contracted.

(h)

Should the outcome of the airworthiness review be inconclusive, the competent authority shall be informed as soon as practicable but in any case within 72 hours of the organisation identifying the condition to which the review relates.

M.A.711   Privileges of the organisation

(a)

A continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part-M) may:

1.

manage the continuing airworthiness of aircraft, except those involved in commercial air transport, as listed on the approval certificate;

2.

manage the continuing airworthiness of commercial air transport aircraft when listed both on its approval certificate and on its Air Operator Certificate (AOC);

3.

arrange to carry out limited continuing airworthiness tasks with any contracted organisation, working under its quality system, as listed on the approval certificate;

4.

extend, under the conditions of point M.A.901(f), an airworthiness review certificate that has been issued by the competent authority or by another continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part-M);

(b)

An approved continuing airworthiness management organisation registered in one of the Member States may, additionally, be approved to carry out airworthiness reviews referred to in point M.A.710 and:

1.

issue the related airworthiness review certificate and extend it in due time under the conditions of points M.A.901(c)2 or M.A.901(e)2; and,

2.

issue a recommendation for the airworthiness review to the competent authority of the Member State of registry.

(c)

A continuing airworthiness management organisation whose approval includes the privileges referred to in point M.A.711(b) may additionally be approved to issue a permit to fly in accordance with point 21.A.711(d) of Annex I (Part-21) to Regulation (EU) No 748/2012 for the particular aircraft for which the organisation is approved to issue the airworthiness review certificate, when the continuing airworthiness management organisation is attesting conformity with approved flight conditions, subject to an adequate approved procedure in the exposition referred to in point M.A.704.

M.A.712   Quality system

(a)

To ensure that the approved continuing airworthiness management organisation continues to meet the requirements of this Subpart, it shall establish a quality system and designate a quality manager to monitor compliance with, and the adequacy of, procedures required to ensure airworthy aircraft. Compliance monitoring shall include a feedback system to the accountable manager to ensure corrective action as necessary.

(b)

The quality system shall monitor activities carried out under Section A, Subpart G of this Annex (Part M). It shall at least include the following functions:

1.

monitoring that all activities carried out under Section A, Subpart G of this Annex (Part M) are being performed in accordance with the approved procedures, and;

2.

monitoring that all contracted maintenance is carried out in accordance with the contract, and;

3.

monitoring the continued compliance with the requirements of this Part.

(c)

The records of these activities shall be stored for at least two years.

(d)

Where the approved continuing airworthiness management organisation is approved in accordance with another Part, the quality system may be combined with that required by the other Part.

(e)

In case of commercial air transport the quality system provided for in Section A, Subpart G of this Annex (Part M) shall be an integrated part of the operator's quality system.

(f)

In the case of a small organisation not managing the continuing airworthiness of aircraft used in commercial air transport, the quality system may be replaced by regular organisational reviews subject to the approval of the competent authority, except when the organisation issues airworthiness review certificates for aircraft above 2 730 kg MTOM other than balloons. In the case where there is no quality system, the organisation shall not contract continuing airworthiness management tasks to other parties.

M.A.713   Changes to the approved continuing airworthiness organisation

In order to enable the competent authority to determine continued compliance with this Part, the approved continuing airworthiness management organisation shall notify it of any proposal to carry out any of the following changes, before such changes take place:

1.

the name of the organisation.

2.

the location of the organisation.

3.

additional locations of the organisation.

4.

the accountable manager.

5.

any of the persons specified in M.A.706(c).

6.

the facilities, procedures, work scope and staff that could affect the approval.

In the case of proposed changes in personnel not known to the management beforehand, these changes shall be notified at the earliest opportunity.

M.A.714   Record-keeping

(a)

The continuing airworthiness management organisation shall record all details of work carried out. The records required by M.A.305 and if applicable M.A.306 shall be retained.

(b)

If the continuing airworthiness management organisation has the privilege referred to in point M.A.711(b), it shall retain a copy of each airworthiness review certificate and recommendation issued or, as applicable, extended, together with all supporting documents. In addition, the organisation shall retain a copy of any airworthiness review certificate that it has extended under the privilege referred to in point M.A.711(a)4.

(c)

If the continuing airworthiness management organisation has the privilege referred to in point M.A.711(c), it shall retain a copy of each permit to fly issued in accordance with the provisions of point 21A.729 of Annex I (Part-21) to Regulation (EU) No 748/2012.

(d)

The continuing airworthiness management organisation shall retain a copy of all records referred to in points (b) and (c) until two years after the aircraft has been permanently withdrawn from service.

(e)

The records shall be stored in a manner that ensures protection from damage, alteration and theft.

(f)

All computer hardware used to ensure backup shall be stored in a different location from that containing the working data in an environment that ensures they remain in good condition.

(g)

Where continuing airworthiness management of an aircraft is transferred to another organisation or person, all retained records shall be transferred to the said organisation or person. The time periods prescribed for the retention of records shall continue to apply to the said organisation or person.

(h)

Where a continuing airworthiness management organisation terminates its operation, all retained records shall be transferred to the owner of the aircraft.

M.A.715   Continued validity of approval

(a)

An approval shall be issued for an unlimited duration. It shall remain valid subject to:

1.

the organisation remaining in compliance with this Part, in accordance with the provisions related to the handling of findings as specified under point M.B.705 and;

2.

the competent authority being granted access to the organisation to determine continued compliance with this Part, and;

3.

the approval not being surrendered or revoked.

(b)

Upon surrender or revocation, the approval certificate shall be returned to the competent authority.

M.A.716   Findings

(a)

A level 1 finding is any significant non-compliance with Part-M requirements which lowers the safety standard and hazards seriously the flight safety.

(b)

A level 2 finding is any non-compliance with the Part-M requirements which could lower the safety standard and possibly hazard the flight safety.

(c)

After receipt of notification of findings according to point M.B.705, the holder of the continuing airworthiness management organisation approval shall define a corrective action plan and demonstrate corrective action to the satisfaction of the competent authority within a period agreed with this authority.

SUBPART H

CERTIFICATE OF RELEASE TO SERVICE — CRS

M.A.801   Aircraft certificate of release to service

(a)

Except for aircraft released to service by a maintenance organisation approved in accordance with Annex II (Part-145), the certificate of release to service shall be issued according to this Subpart;

(b)

No aircraft can be released to service unless a certificate of release to service is issued at the completion of any maintenance, when satisfied that all maintenance required has been properly carried out, by:

1.

appropriate certifying staff on behalf of the maintenance organisation approved in accordance with Section A, Subpart F of this Annex (Part M); or

2.

certifying staff in compliance with the requirements laid down in Annex III (Part-66), except for complex maintenance tasks listed in Appendix VII to this Annex for which point 1 applies; or

3.

by the Pilot-owner in compliance with point M.A.803;

(c)

By derogation from point M.A.801(b)2 for ELA1 aircraft not used in commercial air transport, aircraft complex maintenance tasks listed in Appendix VII to this Annex may be released by certifying staff referred to in point M.A.801(b)2;

(d)

By derogation from point M.A.801(b), in the case of unforeseen situations, when an aircraft is grounded at a location where no approved maintenance organisation appropriately approved under this Annex or Annex II (Part-145) and no appropriate certifying staff are available, the owner may authorise any person, with not less than three years of appropriate maintenance experience and holding the proper qualifications, to maintain 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 that person issuing the certification; and

2.

ensure that any such maintenance is rechecked and released by an appropriately authorised person referred to in point M.A.801(b) or an organisation approved in accordance with Section A, Subpart F of this Annex (Part-M), or with Annex II (Part-145) at the earliest opportunity but within a period not exceeding seven days; and

3.

notify the organisation responsible for the continuing airworthiness management of the aircraft when contracted in accordance with point M.A.201(e), or the competent authority in the absence of such a contract, within seven days of the issuance of such certification authorisation;

(e)

In the case of a release to service in accordance with point M.A.801(b)2 or point M.A.801(c), the certifying staff may be assisted in the execution of the maintenance tasks by one or more persons subject to his/her direct and continuous control;

(f)

A certificate of release to service shall contain as a minimum:

1.

basic details of the maintenance carried out; and

2.

the date such maintenance was completed; and

3.

the identity of the organisation and/or person issuing the release to service, including:

(i)

the approval reference of the maintenance organisation approved in accordance with Section A, Subpart F of this Annex (Part-M) and the certifying staff issuing such a certificate; or

(ii)

in the case of point M.A.801(b)2 or M.A.801(c) certificate of release to service, the identity and if applicable licence number of the certifying staff issuing such a certificate;

4.

the limitations to airworthiness or operations, if any.

(g)

By derogation from point (b) and notwithstanding the provisions of point (h), when the maintenance prescribed cannot be completed, a certificate of release to service may be issued within the approved aircraft limitations. Such fact together with any applicable limitations of the airworthiness or the operations shall be entered in the aircraft certificate of release to service before its issue as part of the information required in point (f)4;

(h)

A certificate of release to service shall not be issued in the case of any known non-compliance which endangers flight safety.

M.A.802   Component certificate of release to service

(a)

A certificate of release to service shall be issued at the completion of any maintenance carried out on an aircraft component in accordance with point M.A.502.

(b)

The authorised release certificate identified as EASA Form 1 constitutes the component certificate of release to service, except when such maintenance on aircraft components has been performed in accordance with point M.A.502(b), point M.A.502(d) or point M.A.502(e) in which case the maintenance is subject to aircraft release procedures in accordance with point M.A.801.

M.A.803   Pilot-owner authorisation

(a)

To qualify as a Pilot-owner, the person must:

1.

hold a valid pilot licence (or equivalent) issued or validated by a Member State for the aircraft type or class rating; and

2.

own the aircraft, either as sole or joint owner; that owner must be:

(i)

one of the natural persons on the registration form; or

(ii)

a member of a non-profit recreational legal entity, where the legal entity is specified on the registration document as owner or operator, and that member is directly involved in the decision making process of the legal entity and designated by that legal entity to carry out Pilot-owner maintenance.

(b)

For any privately operated non-complex motor-powered aircraft of 2 730 kg MTOM and below, sailplane, powered sailplane or balloon, the Pilot-owner may issue a certificate of release to service after limited Pilot-owner maintenance as specified in Appendix VIII to this Annex.

(c)

The scope of the limited Pilot-owner maintenance shall be specified in the aircraft maintenance programme referred to in point M.A.302.

(d)

The certificate of release to service 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 and the identity, the signature and pilot licence number of the Pilot-owner issuing such a certificate.

SUBPART I

AIRWORTHINESS REVIEW CERTIFICATE

M.A.901   Aircraft airworthiness review

To ensure the validity of the aircraft airworthiness certificate an airworthiness review of the aircraft and its continuing airworthiness records shall be carried out periodically.

(a)

An airworthiness review certificate is issued in accordance with Appendix III (EASA Form 15a or 15b) to this Annex on completion of a satisfactory airworthiness review. The airworthiness review certificate is valid one year;

(b)

An aircraft in a controlled environment is an aircraft (i) continuously managed during the previous 12 months by a unique continuing airworthiness management organisation approved in accordance with Section A, Subpart G, of this Annex (Part-M), and (ii) which has been maintained for the previous 12 months by maintenance organisations approved in accordance with Section A, Subpart F of this Annex (Part-M), or with Annex II (Part-145). This includes maintenance tasks referred to in point M.A.803(b) carried out and released to service in accordance with point M.A.801(b)2 or point M.A.801(b)3;

(c)

For all aircraft used in commercial air transport, and aircraft above 2 730 kg MTOM, except balloons, that are in a controlled environment, the organisation referred to in (b) managing the continuing airworthiness of the aircraft may, if appropriately approved, and subject to compliance with point (k):

1.

issue an airworthiness review certificate in accordance with point M.A.710, and;

2.

for the airworthiness review certificates it has issued, when the aircraft has remained within a controlled environment, extend twice the validity of the airworthiness review certificate for a period of one year each time;

(d)

For all aircraft used in commercial air transport and aircraft above 2 730 kg MTOM, except balloons, that (i) are not in a controlled environment, or (ii) which continuing airworthiness is managed by a continuing airworthiness management organisation that does not hold the privilege to carry out airworthiness reviews, the airworthiness review certificate shall be issued by the competent authority upon satisfactory assessment based on a recommendation made by a continuing airworthiness management organisation appropriately approved in accordance with Section A, Subpart G of this Annex (Part-M) sent together with the application from the owner or operator. This recommendation shall be based on an airworthiness review carried out in accordance with point M.A.710;

(e)

For aircraft not used in commercial air transport of 2 730 kg MTOM and below, and balloons, any continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part-M) and appointed by the owner or operator may, if appropriately approved and subject to point (k):

1.

issue the airworthiness review certificate in accordance with point M.A.710, and;

2.

for airworthiness review certificates it has issued, when the aircraft has remained within a controlled environment under its management, extend twice the validity of the airworthiness review certificate for a period of one year each time;

(f)

By derogation from points M.A.901(c)2 and M.A.901(e)2, for aircraft that are in a controlled environment, the organisation referred to in (b) managing the continuing airworthiness of the aircraft, subject to compliance with point (k), may extend twice for a period of one year each time the validity of an airworthiness review certificate that has been issued by the competent authority or by another continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part-M);

(g)

By derogation from points M.A.901(e) and M.A.901(i)2, for ELA1 aircraft not used in commercial air transport and not affected by point M.A.201(i), the airworthiness review certificate may also be issued by the competent authority upon satisfactory assessment, based on a recommendation made by certifying staff formally approved by the competent authority and complying with provisions of Annex III (Part-66) as well as requirements laid down in point M.A.707(a)2(a), sent together with the application from the owner or operator. This recommendation shall be based on an airworthiness review carried out in accordance with point M.A.710 and shall not be issued for more than two consecutive years;

(h)

Whenever circumstances reveal the existence of a potential safety threat, the competent authority shall carry out the airworthiness review and issue the airworthiness review certificate itself;

(i)

In addition to point (h), the competent authority may also carry out the airworthiness review and issue the airworthiness review certificate itself in the following cases:

1.

when the aircraft is managed by a continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part-M) located in a third country;

2.

for all balloons and any other aircraft of 2 730 kg MTOM and below, if it is requested by the owner;

(j)

When the competent authority carries out the airworthiness review and/or issues the airworthiness review certificate itself, the owner or operator shall provide the competent authority with:

1.

the documentation required by the competent authority; and

2.

suitable accommodation at the appropriate location for its personnel; and

3.

when necessary, the support of personnel appropriately qualified in accordance with Annex III (Part-66) or equivalent personnel requirements laid down in point 145.A.30(j)(1) and (2) of Annex II (Part-145);

(k)

An airworthiness review certificate cannot be issued nor extended if there is evidence or reason to believe that the aircraft is not airworthy.

M.A.902   Validity of the airworthiness review certificate

(a)

An airworthiness review certificate becomes invalid if:

1.

suspended or revoked; or

2.

the airworthiness certificate is suspended or revoked; or

3.

the aircraft is not on the aircraft register of a Member State; or

4.

the type certificate under which the airworthiness certificate was issued is suspended or revoked.

(b)

An aircraft must not fly if the airworthiness certificate is invalid or if:

1.

the continuing airworthiness of the aircraft or any component fitted to the aircraft does not meet the requirements of this Part; or

2.

the aircraft does not remain in conformity with the type design approved by the Agency; or

3.

the aircraft has been operated beyond the limitations of the approved flight manual or the airworthiness certificate, without appropriate action being taken; or

4.

the aircraft has been involved in an accident or incident that affects the airworthiness of the aircraft, without subsequent appropriate action to restore airworthiness; or

5.

a modification or repair is not in compliance with Annex I (Part-21) to Regulation (EU) No 748/2012.

(c)

Upon surrender or revocation, the airworthiness review certificate shall be returned to the competent authority

M.A.903   Transfer of aircraft registration within the EU

(a)

When transferring an aircraft registration within the EU, the applicant shall:

1.

inform the former Member State in which Member State it will be registered, then;

2.

apply to the new Member State for the issuance of a new airworthiness certificate in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012.

(b)

Notwithstanding point M.A.902(a)(3), the former airworthiness review certificate shall remain valid until its expiry date.

M.A.904   Airworthiness review of aircraft imported into the EU

(a)

When importing an aircraft onto a Member State register from a third country, the applicant shall:

1.

apply to the Member State of registry for the issuance of a new airworthiness certificate in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012; and

2.

for aircraft other than new, have a airworthiness review carried out satisfactorily in accordance with point M.A.901; and

3.

have all maintenance carried out to comply with the approved maintenance programme in accordance with point M.A.302.

(b)

When satisfied that the aircraft is in compliance with the relevant requirements, the continuing airworthiness management organisation, if applicable, shall send a documented recommendation for the issuance of an airworthiness review certificate to the Member State of registry.

(c)

The owner shall allow access to the aircraft for inspection by the Member State of registry.

(d)

A new airworthiness certificate will be issued by the Member State of registry when it is satisfied the aircraft complies with the prescriptions of Annex I (Part-21) to Regulation (EU) No 748/2012.

(e)

The Member State shall also issue the airworthiness review certificate valid normally for one year unless the Member State has safety reason to limit the validity.

M.A.905   Findings

(a)

A level 1 finding is any significant non-compliance with requirements laid down in this Annex (Part-M) which lowers the safety standard and hazards seriously the flight safety.

(b)

A level 2 finding is any non-compliance with requirements laid down in this Annex (Part-M) which could lower the safety standard and possibly hazard the flight safety.

(c)

After receipt of notification of findings according to point M.B.903, the person or organisation accountable referred to in point M.A.201 shall define a corrective action plan and demonstrate corrective action to the satisfaction of the competent authority within a period agreed with this authority including appropriate corrective action to prevent reoccurrence of the finding and its root cause.

SECTION B

PROCEDURE FOR COMPETENT AUTHORITIES

SUBPART A

GENERAL

M.B.101   Scope

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

M.B.102   Competent authority

(a)   General

A Member State shall designate a competent authority with allocated responsibilities for the issuance, continuation, change, suspension or revocation of certificates and for the oversight of continuing airworthiness. This competent authority shall establish documented procedures and an organisational structure.

(b)   Resources

The number of staff shall be appropriate to carry out the requirements as detailed in this Section.

(c)   Qualification and training

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

(d)   Procedures

The competent authority shall establish procedures detailing how compliance with this Annex (Part-M) is accomplished.

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

M.B.104   Record-keeping

(a)

The competent authorities shall establish a system of record-keeping that allows adequate traceability of the process to issue, continue, change, suspend or revoke each certificate.

(b)

The records for the oversight of organisations approved in accordance with this Annex shall include as a minimum:

1.

the application for an organisation approval.

2.

the organisation approval certificate including any changes.

3.

a copy of the audit program listing the dates when audits are due and when audits were carried out.

4.

the competent authority continued oversight records including all audit records.

5.

copies of all relevant correspondence.

6.

details of any exemption and enforcement actions.

7.

any report from other competent authorities relating to the oversight of the organisation.

8.

organisation exposition or manual and amendments.

9.

copy of any other document directly approved by the competent authority.

(c)

The retention period for the point (b) records shall be at least four years.

(d)

The minimum records for the oversight of each aircraft shall include, at least, a copy of:

1.

aircraft certificate of airworthiness,

2.

airworthiness review certificates,

3.

Section A Subpart G organisation recommendations,

4.

reports from the airworthiness reviews carried out directly by the Member State,

5.

all relevant correspondence relating to the aircraft,

6.

details of any exemption and enforcement action(s),

7.

any document approved by the competent authority pursuant to Annex I (Part-M) or Annex II (Part-ARO) of Regulation ( EU) No 965/2012.

(e)

The records specified in point (d) shall be retained until two years after the aircraft has been permanently withdrawn from service.

(f)

All records specified in point M.B.104 shall be made available upon request by another Member State or the Agency.

M.B.105   Mutual exchange of information

(a)

In order to contribute to the improvement of air safety, the competent authorities shall participate in a mutual exchange of all necessary information in accordance with Article 15 of Regulation (EC) No 216/2008.

(b)

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

SUBPART B

ACCOUNTABILITY

M.B.201   Responsibilities

The competent authorities as specified in M.1 are responsible for conducting inspections and investigations in order to verify that the requirements of this Part are complied with.

SUBPART C

CONTINUING AIRWORTHINESS

M.B.301   Maintenance programme

(a)

The competent authority shall verify that the maintenance programme is in compliance with point M.A.302.

(b)

Except where stated otherwise in point M.A.302(c) the maintenance programme and its amendments shall be approved directly by the competent authority.

(c)

In the case of indirect approval, the maintenance programme procedure shall be approved by the competent authority through the continuing airworthiness management exposition.

(d)

In order to approve a maintenance programme according to point (b), the competent authority shall have access to all the data required in points M.A.302(d), (e) and (f).

M.B.302   Exemptions

All exemptions granted in accordance with Article 14(4) of Regulation (EC) No 216/2008 shall be recorded and retained by the competent authority.

M.B.303   Aircraft continuing airworthiness monitoring

(a)

The competent authority shall develop a survey programme to monitor the airworthiness status of the fleet of aircraft on its register.

(b)

The survey programme shall include sample product surveys of aircraft.

(c)

The programme shall be developed taking into account the number of aircraft on the register, local knowledge and past surveillance activities.

(d)

The product survey shall focus on a number of key risk airworthiness elements and identify any findings. Furthermore, the competent authority shall analyse each finding to determine its root cause.

(e)

All findings shall be confirmed in writing to the person or organisation accountable according to point M.A.201.

(f)

The competent authority shall record all findings, closure actions and recommendations.

(g)

If during aircraft surveys evidence is found showing non-compliance to a requirement laid down in this Annex (Part-M), the competent authority shall take actions in accordance with point M.B.903.

(h)

If the root cause of the finding identifies a non-compliance with any Subpart or with another Part, the non-compliance shall be dealt with as prescribed by the relevant Part.

(i)

In order to facilitate appropriate enforcement action, competent authorities shall exchange information on non-compliances identified in accordance with point (h).

M.B.304   Revocation, suspension and limitation

The competent authority shall:

(a)

suspend an airworthiness review certificate on reasonable grounds in the case of potential safety threat, or;

(b)

suspend, revoke or limit an airworthiness review certificate pursuant to point M.B.303(g).

SUBPART D

MAINTENANCE STANDARDS

(to be developed as appropriate)

SUBPART E

COMPONENTS

(to be developed as appropriate)

SUBPART F

MAINTENANCE ORGANISATION

M.B.601   Application

Where maintenance facilities are located in more than one Member State the investigation and continued oversight of the approval shall be carried out in conjunction with the competent authorities designated by the Member States in whose territory the other maintenance facilities are located.

M.B.602   Initial Approval

(a)

Provided the requirements of points M.A.606(a) and (b) are complied with, the competent authority shall formally indicate its acceptance of the M.A.606(a) and (b) personnel to the applicant in writing.

(b)

The competent authority shall establish that the procedures specified in the maintenance organisation manual comply with Subpart F of Section A of this Annex (Part-M) and ensure the accountable manager signs the commitment statement.

(c)

The competent authority shall verify that the organisation is in compliance with the requirements laid down in Subpart F of Section A of this Annex (Part-M).

(d)

A meeting with the accountable manager shall be convened at least once during the investigation for approval to ensure that he/she fully understands the significance of the approval and the reason for signing the commitment of the organisation to compliance with the procedures specified in the manual.

(e)

All findings shall be confirmed in writing to the applicant organisation.

(f)

The competent authority shall record all findings, closure actions (actions required to close a finding) and recommendations.

(g)

For initial approval all findings shall be corrected by the organisation and closed by the competent authority before the approval can be issued.

M.B.603   Issue of approval

(a)

The competent authority shall issue to the applicant an EASA Form 3 approval certificate (Appendix V) which includes the extent of approval, when the maintenance organisation is in compliance with the applicable points of this Part.

(b)

The competent authority shall indicate the conditions attached to the approval on the EASA Form 3 approval certificate.

(c)

The reference number shall be included on the EASA Form 3 approval certificate in a manner specified by the Agency.

M.B.604   Continuing oversight

(a)

The competent authority shall keep and update a program listing, for each maintenance organisation approved in accordance with Subpart F of Section B of this Annex (Part-M) under its supervision, the dates when audit visits are due and when such visits were carried out.

(b)

Each organisation shall be completely audited at periods not exceeding 24 months.

(c)

All findings shall be confirmed in writing to the applicant organisation.

(d)

The competent authority shall record all findings, closure actions (actions required to close a finding) and recommendations.

(e)

A meeting with the accountable manager shall be convened at least once every 24 months to ensure he/she remains informed of significant issues arising during audits.

M.B.605   Findings

(a)

When during audits or by other means evidence is found showing non-compliance to a requirement laid down in this Annex (Part-M), the competent authority shall take the following actions:

1.

For level 1 findings, immediate action shall be taken by the competent authority to revoke, limit or suspend in whole or in part, depending upon the extent of the level 1 finding, the maintenance organisation approval, until successful corrective action has been taken by the organisation.

2.

For level 2 findings, the competent authority shall grant a corrective action period appropriate to the nature of the finding that shall not be more than three months. In certain circumstances, at the end of this first period and subject to the nature of the finding, the competent authority can extend the three month period subject to a satisfactory corrective action plan.

(b)

Action shall be taken by the competent authority to suspend in whole or part the approval in case of failure to comply within the timescale granted by the competent authority.

M.B.606   Changes

(a)

The competent authority shall comply with the applicable elements of the initial approval for any change to the organisation notified in accordance with point M.A.617.

(b)

The competent authority may prescribe the conditions under which the approved maintenance organisation may operate during such changes, unless it determines that the approval should be suspended due to the nature or the extent of the changes.

(c)

For any change to the maintenance organisation manual:

1.

In the case of direct approval of changes in accordance with point M.A.604(b), the competent authority shall verify that the procedures specified in the manual are in compliance with this Annex (Part-M) before formally notifying the approved organisation of the approval.

2.

In the case an indirect approval procedure is used for the approval of the changes in accordance with point M.A.604(c), the competent authority shall ensure (i) that the changes remain minor and (ii) that it has an adequate control over the approval of the changes to ensure they remain in compliance with the requirements of this Annex (Part-M).

M.B.607   Revocation, suspension and limitation of an approval

The competent authority shall:

(a)

suspend an approval on reasonable grounds in the case of potential safety threat, or;

(b)

suspend, revoke or limit an approval pursuant to point M.B.605.

SUBPART G

CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION

M.B.701   Application

(a)

For commercial air transport the competent authority shall receive for approval with the initial application for the air operator's certificate and where applicable any variation applied for and for each aircraft type to be operated:

1.

the continuing airworthiness management exposition;

2.

the operator's aircraft maintenance programmes;

3.

the aircraft technical log;

4.

where appropriate the technical specification of the maintenance contracts between the operator and Part-145 approved maintenance organisation.

(b)

Where facilities are located in more than one Member State the investigation and continued oversight of the approval shall be carried out in conjunction with the competent authorities designated by the Member States in whose territory the other facilities are located.

M.B.702   Initial approval

(a)

Provided the requirements of points M.A.706(a), (c), (d) and M.A.707 are complied with, the competent authority shall formally indicate its acceptance of the M.A.706(a), (c), (d) and M.A.707 personnel to the applicant in writing.

(b)

The competent authority shall establish that the procedures specified in the continuing airworthiness management exposition comply with Section A, Subpart G of this Annex (Part-M) and ensure the accountable manager signs the commitment statement.

(c)

The competent authority shall verify the organisation's compliance with requirements laid down in Section A, Subpart G of this Annex (Part-M).

(d)

A meeting with the accountable manager shall be convened at least once during the investigation for approval to ensure that he/she fully understands the significance of the approval and the reason for signing the exposition commitment of the organisation to compliance with the procedures specified in the continuing airworthiness management exposition.

(e)

All findings shall be confirmed in writing to the applicant organisation.

(f)

The competent authority shall record all findings, closure actions (actions required to close a finding) and recommendations.

(g)

For initial approval all findings shall be corrected by the organisation and closed by the competent authority before the approval can be issued.

M.B.703   Issue of approval

(a)

The competent authority shall issue to the applicant an EASA Form 14 approval certificate (Appendix VI) which includes the extent of approval, when the continuing airworthiness management organisation is in compliance with Section A, Subpart G of this Annex (Part-M).

(b)

The competent authority shall indicate the validity of the approval on the EASA Form 14 approval certificate.

(c)

The reference number shall be included on the Form 14 approval certificate in a manner specified by the Agency.

(d)

In the case of commercial air transport, the information contained on an EASA Form 14 will be included on the air operator's certificate.

M.B.704   Continuing oversight

(a)

The competent authority shall keep and update a program listing, for each continuing airworthiness organisation approved under Section A, Subpart G of this Annex (Part-M) under its supervision, the dates when audit visits are due and when such visits were carried out.

(b)

Each organisation shall be completely audited at periods not exceeding 24 months.

(c)

A relevant sample of the aircraft managed by the organisation approved under Section B, Subpart G of this Annex (Part-M) shall be surveyed in every 24 month period. The size of the sample will be decided by the competent authority based on the result of prior audits and earlier product surveys.

(d)

All findings shall be confirmed in writing to the applicant organisation.

(e)

The competent authority shall record all findings, closure actions (actions required to close a finding) and recommendations.

(f)

A meeting with the accountable manager shall be convened at least once every 24 months to ensure he/she remains informed of significant issues arising during audits.

M.B.705   Findings

(a)

When during audits or by other means evidence is found showing non-compliance to a requirement laid down in this Annex (Part-M), the competent authority shall take the following actions:

1.

For level 1 findings, immediate action shall be taken by the competent authority to revoke, limit or suspend in whole or in part, depending upon the extent of the level 1 finding, the continuing airworthiness management organisation approval, until successful corrective action has been taken by the organisation.

2.

For level 2 findings, the competent authority shall grant a corrective action period appropriate to the nature of the finding that shall not be more than three months. In certain circumstances, at the end of this first period, and subject to the nature of the finding the competent authority can extend the three month period subject to a satisfactory corrective action plan.

(b)

Action shall be taken by the competent authority to suspend in whole or part the approval in case of failure to comply within the timescale granted by the competent authority.

M.B.706   Changes

(a)

The competent authority shall comply with the applicable elements of the initial approval for any change to the organisation notified in accordance with point M.A.713.

(b)

The competent authority may prescribe the conditions under which the approved continuing airworthiness management organisation may operate during such changes unless it determines that the approval should be suspended due to the nature or the extent of the changes.

(c)

For any change to the continuing airworthiness management exposition:

1.

In the case of direct approval of changes in accordance with point M.A.704(b), the competent authority shall verify that the procedures specified in the exposition are in compliance with this Annex (Part-M) before formally notifying the approved organisation of the approval.

2.

In the case an indirect approval procedure is used for the approval of the changes in accordance with point M.A.704(c), the competent authority shall ensure (i) that the changes remain minor and (ii) that it has an adequate control over the approval of the changes to ensure they remain in compliance with the requirements of this Annex (Part-M).

M.B.707   Revocation, suspension and limitation of an approval

The competent authority shall:

(a)

suspend an approval on reasonable grounds in the case of potential safety threat, or;

(b)

suspend, revoke or limit an approval pursuant to point M.B.705.

SUBPART H

CERTIFICATE OF RELEASE TO SERVICE — CRS

(to be developed as appropriate)

SUBPART I

AIRWORTHINESS REVIEW CERTIFICATE

M.B.901   Assessment of recommendations

Upon receipt of an application and associated airworthiness review certificate recommendation in accordance with point M.A.901:

1.

Appropriate qualified personnel from the competent authority shall verify that the compliance statement contained in the recommendation demonstrates that a complete M.A.710 airworthiness review has been carried out.

2.

The competent authority shall investigate and may request further information to support the assessment of the recommendation.

M.B.902   Airworthiness review by the competent authority

(a)

When the competent authority carries out the airworthiness review and issues the airworthiness review certificate EASA Form 15a (Appendix III), the competent authority shall carry out an airworthiness review in accordance with point M.A.710.

(b)

The competent authority shall have appropriate airworthiness review staff to carry out the airworthiness reviews.

1.

For all aircraft used in commercial air transport, and aircraft above 2 730 kg MTOM, except balloons, these staff shall have acquired:

(a)

at least five years experience in continuing airworthiness, and;

(b)

an appropriate licence in compliance with Annex III (Part-66) or a nationally recognized maintenance personnel qualification appropriate to the aircraft category (when Annex III (Part-66) refers to national rules) or an aeronautical degree or equivalent, and;

(c)

formal aeronautical maintenance training, and;

(d)

a position with appropriate responsibilities.

Notwithstanding the points ‘a’ to ‘d’ above, the requirement laid down in point M.B.902(b)1b may be replaced by five years of experience in continuing airworthiness additional to those already required by point M.B.902(b)1a.

2.

For aircraft not used in commercial air transport of 2 730 kg MTOM and below, and balloons, these staff shall have acquired:

(a)

at least three years experience in continuing airworthiness, and;

(b)

an appropriate licence in compliance with Annex III (Part-66) or a nationally recognized maintenance personnel qualification appropriate to the aircraft category (when Annex III (Part-66) refers to national rules) or an aeronautical degree or equivalent, and;

(c)

appropriate aeronautical maintenance training, and;

(d)

a position with appropriate responsibilities.

Notwithstanding the points ‘a’ to ‘d’ above, the requirement shown in point M.B.902(b)2b may be replaced by four years of experience in continuing airworthiness additional to those already required by point M.B.902(b)2a.

(c)

The competent authority shall maintain a record of all airworthiness review staff, which shall include details of any appropriate qualification held together with a summary of relevant continuing airworthiness management experience and training.

(d)

The competent authority shall have access to the applicable data as specified in points M.A.305, M.A.306 and M.A.401 in the performance of the airworthiness review.

(e)

The staff that carries out the airworthiness review shall issue a Form 15a after satisfactory completion of the airworthiness review.

M.B.903   Findings

If during aircraft surveys or by other means evidence is found showing non-compliance to a Part-M requirement, the competent authority shall take the following actions:

1.

for level 1 findings, the competent authority shall require appropriate corrective action to be taken before further flight and immediate action shall be taken by the competent authority to revoke or suspend the airworthiness review certificate.

2.

for level 2 findings, the corrective action required by the competent authority shall be appropriate to the nature of the finding.

Appendix I

Continuing Airworthiness Arrangement

1.   

When an owner contracts an continuing airworthiness management organisation approved under Section A, Subpart G of this Annex (Part-M) in accordance with point M.A.201 to carry out continuing airworthiness management tasks, upon request by the competent authority a copy of the arrangement shall be sent by the owner to the competent authority of the Member State of registry once it has been signed by both parties.

2.   

The arrangement shall be developed taking into account the requirements of this Annex (Part-M) and shall define the obligations of the signatories in relation to continuing airworthiness of the aircraft.

3.   

It shall contain as a minimum the:

aircraft registration,

aircraft type,

aircraft serial number,

aircraft owner or registered lessee's name or company details including the address,

details of the continuing airworthiness management organisation approved under Section A, Subpart G of this Annex (Part-M), including the address.

4.   

It shall state the following:

‘The owner entrusts to the approved organisation the management of the continuing airworthiness of the aircraft, the development of a maintenance programme that shall be approved by the airworthiness authorities of the Member State where the aircraft is registered, and the organisation of the maintenance of the aircraft according to said maintenance programme in an approved organisation.

According to the present arrangement, both signatories undertake to follow the respective obligations of this arrangement.

The owner certifies, to the best of their belief that all the information given to the approved organisation concerning the continuing airworthiness of the aircraft is and will be accurate and that the aircraft will not be altered without prior approval of the approved organisation.

In case of any non-conformity with this arrangement, by either of the signatories, it will become null. In such a case, the owner will retain full responsibility for every task linked to the continuing airworthiness of the aircraft and the owner will undertake to inform the competent authorities of the Member State of registry within two full weeks.’

5.   

When an owner contracts a continuing airworthiness management organisation approved under Section A, Subpart G of this Annex (Part-M) in accordance with point M.A.201, the obligations of each party shall be shared as follows:

5.1.

Obligations of the approved organisation:

1.

have the aircraft type in the scope of its approval;

2.

respect the conditions to maintain the continuing airworthiness of the aircraft listed below:

(a)

develop a maintenance programme for the aircraft, including any reliability programme developed, if applicable;

(b)

declare the maintenance tasks (in the maintenance programme) that may be carried out by the pilot-owner in accordance with point M.A.803(c);

(c)

organise the approval of the aircraft's maintenance programme;

(d)

once it has been approved, give a copy of the aircraft's maintenance programme to the owner;

(e)

organise a bridging inspection with the aircraft's prior maintenance programme;

(f)

organise for all maintenance to be carried out by an approved maintenance organisation;

(g)

organise for all applicable airworthiness directives to be applied;

(h)

organise for all defects discovered during scheduled maintenance, airworthiness reviews or reported by the owner to be corrected by an approved maintenance organisation;

(i)

coordinate scheduled maintenance, the application of airworthiness directives, the replacement of life limited parts, and component inspection requirements;

(j)

inform the owner each time the aircraft shall be brought to an approved maintenance organisation;

(k)

manage all technical records;

(l)

archive all technical records;

3.

organise the approval of any modification to the aircraft in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012 before it is embodied;

4.

organise the approval of any repair to the aircraft in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012 before it is carried out;

5.

inform the competent authority of the Member State of registry whenever the aircraft is not presented to the approved maintenance organisation by the owner as requested by the approved organisation;

6.

inform the competent authority of the Member State of registry whenever the present arrangement has not been respected;

7.

carry out the airworthiness review of the aircraft when necessary and issue the airworthiness review certificate or the recommendation to the competent authority of the Member State of registry;

8.

send within 10 days a copy of any airworthiness review certificate issued or extended to the competent authority of the Member State of registry;

9.

carry out all occurrence reporting mandated by applicable regulations;

10.

inform the competent authority of the Member State of registry whenever the present arrangement is denounced by either party.

5.2.

Obligations of the owner

1.

have a general understanding of the approved maintenance programme;

2.

have a general understanding of this Annex (Part-M);

3.

present the aircraft to the approved maintenance organisation agreed with the approved organisation at the due time designated by the approved organisation's request;

4.

not modify the aircraft without first consulting the approved organisation;

5.

inform the approved organisation of all maintenance exceptionally carried out without the knowledge and control of the approved organisation;

6.

report to the approved organisation through the logbook all defects found during operations;

7.

inform the competent authority of the Member State of registry whenever the present arrangement is denounced by either party;

8.

inform the competent authority of the Member State of registry and the approved organisation whenever the aircraft is sold;

9.

carry out all occurrence reporting mandated by applicable regulations;

10.

inform on a regular basis the approved organisation about the aircraft flying hours and any other utilisation data, as agreed with the approved organisation;

11.

enter the certificate of release to service in the logbooks as mentioned in point M.A.803(d) when performing pilot-owner maintenance without exceeding the limits of the maintenance tasks list as declared in the approved maintenance programme as laid down in point M.A.803(c);

12.

inform the approved continuing airworthiness management organisation responsible for the management of the continuing airworthiness of the aircraft not later than 30 days after completion of any pilot-owner maintenance task in accordance with point M.A.305(a).

Appendix II

Authorised Release Certificate EASA Form 1

These instructions relate only to the use of the EASA Form 1 for maintenance purposes. Attention is drawn to Appendix I to Annex I (Part-21) of Regulation (EU) No 748/2012 which covers the use of the EASA Form 1 for production purposes.

1.   PURPOSE AND USE

1.1.   The primary purpose of the Certificate is to declare the airworthiness of maintenance work undertaken on products, parts and appliances (hereafter referred to as ‘item(s)’).

1.2.   Correlation must be established between the Certificate and the item(s). The originator must retain a Certificate in a form that allows verification of the original data.

1.3.   The Certificate is acceptable to many airworthiness authorities, but may be dependent on the existence of bilateral agreements and/or the policy of the airworthiness authority. The ‘approved design data’ mentioned in this Certificate then means approved by the airworthiness authority of the importing country.

1.4.   The Certificate is not a delivery or shipping note.

1.5.   Aircraft are not to be released using the Certificate.

1.6.   The Certificate does not constitute approval to install the item on a particular aircraft, engine, or propeller but helps the end user determine its airworthiness approval status.

1.7.   A mixture of production released and maintenance released items is not permitted on the same Certificate.

2.   GENERAL FORMAT

2.1.   The Certificate must comply with the format attached including block numbers and the location of each block. The size of each block may however be varied to suit the individual application, but not to the extent that would make the Certificate unrecognisable.

2.2.   The Certificate must be in ‘landscape’ format but the overall size may be significantly increased or decreased so long as the Certificate remains recognisable and legible. If in doubt consult the Competent Authority.

2.3.   The User/Installer responsibility statement can be placed on either side of the form.

2.4.   All printing must be clear and legible to permit easy reading.

2.5.   The Certificate may either be pre-printed or computer generated but in either case the printing of lines and characters must be clear and legible and in accordance with the defined format.

2.6.   The Certificate should be in English, and if appropriate, in one or more other languages.

2.7.   The details to be entered on the Certificate may be either machine/computer printed or hand-written using block letters and must permit easy reading.

2.8.   Limit the use of abbreviations to a minimum, to aid clarity.

2.9.   The space remaining on the reverse side of the Certificate may be used by the originator for any additional information but must not include any certification statement. Any use of the reverse side of the Certificate must be referenced in the appropriate block on the front side of the Certificate

3.   COPIES

3.1.   There is no restriction in the number of copies of the Certificate sent to the customer or retained by the originator.

4.   ERROR(S) ON A CERTIFICATE

4.1.   If an end-user finds an error(s) on a Certificate, he must identify it/them in writing to the originator. The originator may issue a new Certificate only if the error(s) can be verified and corrected.

4.2.   The new Certificate must have a new tracking number, signature and date.

4.3.   The request for a new Certificate may be honoured without re-verification of the item(s) condition. The new Certificate is not a statement of current condition and should refer to the previous Certificate in block 12 by the following statement; ‘This Certificate corrects the error(s) in block(s) [enter block(s) corrected] of the Certificate [enter original tracking number] dated [enter original issuance date] and does not cover conformity/condition/release to service’. Both Certificates should be retained according to the retention period associated with the first.

5.   COMPLETION OF THE CERTIFICATE BY THE ORIGINATOR

Block 1 Approving Competent Authority/Country

State the name and country of the competent authority under whose jurisdiction this Certificate is issued. When the competent authority is the Agency, only ‘EASA’ must be stated.

Block 2 EASA Form 1 header

‘AUTHORISED RELEASE CERTIFICATE

EASA FORM 1’

Block 3 Form Tracking Number

Enter the unique number established by the numbering system/procedure of the organisation identified in block 4; this may include alpha/numeric characters.

Block 4 Organisation Name and Address

Enter the full name and address of the approved organisation (refer to EASA form 3) releasing the work covered by this Certificate. Logos, etc., are permitted if the logo can be contained within the block.

Block 5 Work Order/Contract/Invoice

To facilitate customer traceability of the item(s), enter the work order number, contract number, invoice number, or similar reference number.

Block 6 Item

Enter line item numbers when there is more than one line item. This block permits easy cross-referencing to the Remarks block 12.

Block 7 Description

Enter the name or description of the item. Preference should be given to the term used in the instructions for continued airworthiness or maintenance data (e.g. Illustrated Parts Catalogue, Aircraft Maintenance Manual, Service Bulletin, Component Maintenance Manual).

Block 8 Part Number

Enter the part number as it appears on the item or tag/packaging. In case of an engine or propeller the type designation may be used.

Block 9 Quantity

State the quantity of items.

Block 10 Serial Number

If the item is required by regulations to be identified with a serial number, enter it here. Additionally, any other serial number not required by regulation may also be entered. If there is no serial number identified on the item, enter ‘N/A’.

Block 11 Status/Work

The following describes the permissible entries for block 11. Enter only one of these terms — where more than one may be applicable, use the one that most accurately describes the majority of the work performed and/or the status of the article.

(i)

Overhauled

.

Means a process that ensures the item is in complete conformity with all the applicable service tolerances specified in the type certificate holder's, or equipment manufacturer's instructions for continued airworthiness, or in the data which is approved or accepted by the Authority. The item will be at least disassembled, cleaned, inspected, repaired as necessary, reassembled and tested in accordance with the above specified data.

(ii)

Repaired

.

Rectification of defect(s) using an applicable standard (1).

(iii)

Inspected/Tested

.

Examination, measurement, etc. in accordance with an applicable standard (1) (e.g. visual inspection, functional testing, bench testing etc.).

(iv)

Modified

.

Alteration of an item to conform to an applicable standard (1).

Block 12 Remarks

Describe the work identified in Block 11, either directly or by reference to supporting documentation, necessary for the user or installer to determine the airworthiness of item(s) in relation to the work being certified. If necessary, a separate sheet may be used and referenced from the main EASA Form 1. Each statement must clearly identify which item(s) in Block 6 it relates to.

Examples of information to be entered in block 12 are:

(i)

Maintenance data used, including the revision status and reference.

(ii)

Compliance with airworthiness directives or service bulletins.

(iii)

Repairs carried out.

(iv)

Modifications carried out.

(v)

Replacement parts installed.

(vi)

Life limited parts status.

(vii)

Deviations from the customer work order.

(viii)

Release statements to satisfy a foreign Civil Aviation Authority maintenance requirement.

(ix)

Information needed to support shipment with shortages or re-assembly after delivery.

(x)

For maintenance organisations approved in accordance with Subpart F of Annex I (Part-M), the component certificate of release to service statement referred to in point M.A.613:

‘Certifies that, unless otherwise specified in this block, the work identified in block 11 and described in this block was accomplished in accordance to the requirements of Section A, Subpart F of Annex I (Part-M) to Regulation (EU) No 1321/2014 and in respect to that work the item is considered ready for release to service. THIS IS NOT A RELEASE UNDER ANNEX II (PART-145) TO REGULATION (EU) No 1321/2014.’

If printing the data from an electronic EASA Form 1, any appropriate data not fit for other blocks should be entered in this block.

Block 13a-13e

General Requirements for blocks 13a-13e: Not used for maintenance release. Shade, darken, or otherwise mark to preclude inadvertent or unauthorised use.

Block 14a

Mark the appropriate box(es) indicating which regulations apply to the completed work. If the box ‘other regulations specified in block 12’ is marked, then the regulations of the other airworthiness authority(ies) must be identified in block 12. At least one box must be marked, or both boxes may be marked, as appropriate.

For all maintenance carried out by maintenance organisations approved in accordance with Section A, Subpart F of Annex I (Part-M) to Regulation (EU) No 1321/2014, the box ‘other regulation specified in block 12’ shall be ticked and the certificate of release to service statement made in block 12. In that case, the certification statement ‘unless otherwise specified in this block’ is intended to address the following cases;

(a)

Where the maintenance could not be completed.

(b)

Where the maintenance deviated from the standard required by Annex I (Part-M).

(c)

Where the maintenance was carried out in accordance with a requirement other than that specified in Annex I (Part-M). In this case block 12 shall specify the particular national regulation.

For all maintenance carried out by maintenance organisations approved in accordance with Section A of Annex II (Part-145) to Regulation (EU) No 1321/2014, the certification statement ‘unless otherwise specified in block 12’ is intended to address the following cases:

(a)

Where the maintenance could not be completed.

(b)

Where the maintenance deviated from the standard required by Annex II (Part-145).

(c)

Where the maintenance was carried out in accordance with a requirement other than that specified in Annex II (Part-145). In this case block 12 shall specify the particular national regulation.

Block 14b Authorised Signature

This space shall be completed with the signature of the authorised person. Only persons specifically authorised under the rules and policies of the Competent Authority are permitted to sign this block. To aid recognition, a unique number identifying the authorised person may be added.

Block 14c Certificate/Approval Number

Enter the Certificate/Approval number/reference. This number or reference is issued by the Competent Authority.

Block 14d Name

Enter the name of the person signing block 14b in a legible form.

Block 14e Date

Enter the date on which block 14b is signed, the date must be in the format dd = 2 digit day, mmm = first 3 letters of the month, yyyy = 4 digit year

User/Installer Responsibilities

Place the following statement on the Certificate to notify end users that they are not relieved of their responsibilities concerning installation and use of any item accompanied by the form:

‘THIS CERTIFICATE DOES NOT AUTOMATICALLY CONSTITUTE AUTHORITY TO INSTALL.

WHERE THE USER/INSTALLER PERFORMS WORK IN ACCORDANCE WITH REGULATIONS OF AN AIRWORTHINESS AUTHORITY DIFFERENT THAN THE AIRWORTHINESS AUTHORITY SPECIFIED IN BLOCK 1, IT IS ESSENTIAL THAT THE USER/INSTALLER ENSURES THAT HIS/HER AIRWORTHINESS AUTHORITY ACCEPTS ITEMS FROM THE AIRWORTHINESS AUTHORITY SPECIFIED IN BLOCK 1.

STATEMENTS IN BLOCKS 13A AND 14A DO NOT CONSTITUTE INSTALLATION CERTIFICATION. IN ALL CASES AIRCRAFT MAINTENANCE RECORDS MUST CONTAIN AN INSTALLATION CERTIFICATION ISSUED IN ACCORDANCE WITH THE NATIONAL REGULATIONS BY THE USER/INSTALLER BEFORE THE AIRCRAFT MAY BE FLOWN.’