02014R1321 — EN — 18.05.2021 — 010.001


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B

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)

(OJ L 362 17.12.2014, p. 1)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COMMISSION REGULATION (EU) 2015/1088 of 3 July 2015

  L 176

4

7.7.2015

►M2

COMMISSION REGULATION (EU) 2015/1536 of 16 September 2015

  L 241

16

17.9.2015

 M3

COMMISSION REGULATION (EU) 2017/334 of 27 February 2017

  L 50

13

28.2.2017

 M4

COMMISSION REGULATION (EU) 2018/750 of 22 May 2018

  L 126

1

23.5.2018

►M5

COMMISSION REGULATION (EU) 2018/1142 of 14 August 2018

  L 207

2

16.8.2018

►M6

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1383 of 8 July 2019

  L 228

1

4.9.2019

 M7

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1384 of 24 July 2019

  L 228

106

4.9.2019

►M8

COMMISSION IMPLEMENTING REGULATION (EU) 2020/270 of 25 February 2020

  L 56

20

27.2.2020

►M9

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1159 of 5 August 2020

  L 257

14

6.8.2020

 M10

COMMISSION IMPLEMENTING REGULATION (EU) 2021/685 of 22 April 2021

  L 143

6

27.4.2021

►M11

COMMISSION IMPLEMENTING REGULATION (EU) 2021/700 of 26 March 2021

  L 145

20

28.4.2021


Corrected by:

►C1

Corrigendum, OJ L 230, 6.9.2019, p.  7 (2019/1383)




▼B

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)



▼M2

Article 1

Subject-matter and scope

This Regulation establishes common technical requirements and administrative procedures to ensure:

(a) 

the continuing airworthiness of aircraft, including any component for installation thereto, which are:

(i) 

registered in a Member State, unless their regulatory safety oversight has been delegated to a third country and they are not used by an EU operator; or

(ii) 

registered in a third country and used by an EU operator, where their regulatory safety oversight has been delegated to a Member State;

(b) 

compliance with the essential requirements set out in Regulation (EC) No 216/2008 for continuing airworthiness of aircraft registered in a third country and components for installation thereon for which their regulatory safety oversight has not been delegated to a Member State that are dry leased-in by a licence air carrier in accordance with Regulation (EC) No 1008/2008 of the European Parliament and the Council ( 1 ).

▼B

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’;

▼M2

(g) 

‘commercial air transport (CAT) operation’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration;

▼B

(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;

▼M1

(ka) 

‘ELA2 aircraft’ means the following manned European Light Aircraft:

(i) 

an aeroplane with a Maximum Take-off Mass (MTOM) of 2 000 kg or less that is not classified as complex motor-powered aircraft;

(ii) 

a sailplane or powered sailplane of 2 000 kg MTOM or less;

(iii) 

a balloon;

(iv) 

a hot air ship;

(v) 

a gas airship complying with all of the following characteristics:

— 
3 % maximum static heaviness,
— 
non-vectored thrust (except reverse thrust),
— 
conventional and simple design of structure, control system and ballonet system, and
— 
non-power assisted controls;
(vi) 

a Very Light Rotorcraft;

▼B

(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;

▼M2

(n) 

‘critical maintenance task’ means a maintenance task that involves the assembly or any disturbance of a system or any part on an aircraft, engine or propeller that, if an error occurred during its performance, could directly endanger the flight safety;

(o) 

‘commercial specialised operations’ means those operations subject to the requirements of Part-ORO, Subpart-SPO set out in Annex III to Commission Regulation (EU) No 965/2012 ( 2 );

(p) 

‘limited operations’ means the operations of other-than-complex motor-powered aircraft for:

(i) 

cost-shared flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six;

(ii) 

competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority;

(iii) 

introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and approved in accordance with Commission Regulation (EU) No 1178/2011 ( 3 ), or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation;

For the purpose of this Regulation, ‘limited operations’ are not considered as CAT operations or commercial specialised operations;

(q) 

‘introductory flight’ means ‘introductory flight’ as defined in Article 2(9) of Regulation (EU) No 965/2012;

(r) 

‘competition flight’ means ‘competition flight’ as defined in Article 2(10) of Regulation (EU) No 965/2012;

(s) 

‘flying display’ means ‘flying display’ as defined in Article 2(11) of Regulation (EU) No 965/2012.

▼C1

Article 3

Continuing airworthiness requirements

1.  
The continuing airworthiness of aircraft referred to in point (a) of Article 1 and components for installation thereon shall be ensured in accordance with the requirements of Annex I (Part-M), except for aircraft listed in the first subparagraph of paragraph 2 to which the requirements of Annex Vb (Part-ML) shall apply.
2.  

The requirements of Annex Vb (Part-ML) shall apply to the following other than complex motor-powered aircraft:

(a) 

aeroplanes of 2 730  kg maximum take-off mass or less;

(b) 

rotorcraft of 1 200  kg maximum take-off mass or less, certified for a maximum of up to 4 occupants;

(c) 

other ELA2 aircraft.

Where aircraft referred to points (a), (b) and (c) of the first subparagraph is listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008, the requirements of Annex I (Part-M) shall apply.

3.  

In order to be listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008, aircraft referred to in points (a), (b) and (c) of the first subparagraph of paragraph 2 shall comply with all of the following requirements:

(a) 

its aircraft maintenance programme has been approved by the competent authority in accordance with point M.A.302 of Annex I (Part-M);

(b) 

due maintenance required by the maintenance programme referred to in point (a) has been performed and certified in accordance with point 145.A.48 and 145.A.50 of Annex II (Part-145);

(c) 

an airworthiness review has been performed and a new airworthiness review certificate has been issued in accordance with point M.A.901 of Annex I (Part-M).

4.  
By way of derogation from paragraph 1 of this Article, the continuing airworthiness of aircraft referred to in point (a) of Article 1, for which a permit to fly has been issued, shall be ensured on the basis of the specific continuing airworthiness arrangements defined in the permit to fly issued in accordance with Annex I (Part-21) to Commission Regulation (EU) No 748/2012 ( 4 ).

▼M11

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

▼C1

6.  
Operators shall ensure the continuing airworthiness of aircraft referred to in point (b) of Article 1 and components for installation thereon in accordance with the requirements of Annex Va (Part-T).
7.  
The continuing airworthiness of aeroplanes with a maximum certificated take-off mass at or below 5 700  kg which are equipped with multiple turboprop engines shall be ensured in accordance with the requirements applicable to other than complex motor-powered aircraft as set out in points M.A.201, M.A.301, M.A.302, M.A.601 and M.A.803 of Annex I (Part-M), point 145.A.30 of Annex II (Part-145), points 66.A.5, 66.A.30, 66.A.70, Appendix V and VI of Annex III (Part-66), point CAMO.A.315 of Annex Vc (Part-CAMO), point CAO.A.010 and Appendix I of Annex Vd (Part-CAO) to the extent that they apply to other than complex motor-powered aircraft.

▼M11

Article 4

Approvals for organisations involved in the continuing airworthiness

1.  
Organisations involved in the continuing airworthiness of aircraft and components for installation thereon, including maintenance, shall be approved, upon their request, by the competent authority in accordance with the requirements of Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part-CAO), as applicable to the respective organisations.
2.  
By way of derogation from paragraph 1, until 24 September 2020 organisations may, upon their request, be issued approvals by the competent authority in accordance with Subpart F and Subpart G of Annex I (Part-M). All approvals issued in accordance with Subpart F and Subpart G of Annex I (Part-M) shall be valid until 24 March 2022.
3.  
Maintenance organisation approval certificates issued or recognised by a Member State in accordance with the certification specification JAR-145 referred to in Annex II to Council Regulation (EEC) No 3922/91 ( 5 ) and valid before 29 November 2003 shall be deemed to have been issued in accordance with the requirements of Annex II (Part-145) to this Regulation.
4.  
Organisations that hold a valid organisation approval certificate issued in accordance with Subpart F or Subpart G of Annex I (Part- M) or with Annex II (Part-145) shall, upon their request, be issued by the competent authority a Form 3-CAO as set out in Appendix I to Annex Vd (Part-CAO) and thereafter be overseen by the competent authority in accordance with Annex Vd (Part-CAO).

The privileges of such an organisation under the approval issued in accordance with Annex Vd (Part-CAO) shall be the same as privileges under the approval issued in accordance with Subpart F or Subpart G of Annex I (Part-M) or with Annex II (Part-145). However, those privileges shall not exceed the privileges of an organisation referred to in Section A of Annex Vd (Part-CAO).

By way of derogation from point CAO.B.060 of Annex Vd (Part-CAO), until 24 March 2022, the organisation may correct any findings of non-compliance related to requirements introduced by Annex Vd (Part- CAO) which are not included in Subpart F or Subpart G of Annex I (Part-M) or in Annex II (Part-145).

If after 24 March 2022 the organisation has not closed these findings, the approval certificate shall be revoked, limited or suspended in whole or in part.

5.  
Organisations that hold a valid continuing airworthiness management organisation approval certificate issued in accordance with Subpart G of Annex I (Part-M) shall, upon their request, be issued by the competent authority an EASA Form 14 approval certificate in accordance with Annex Vc (Part-CAMO) and thereafter be overseen by the competent authority in accordance with Annex Vc (Part-CAMO).

By way of derogation from point CAMO.B.350 of Annex Vc (Part- CAMO), until 24 March 2022, the organisation may correct any findings of non-compliance related to requirements introduced by Annex Vc (Part-CAMO) and not included in Subpart G of Annex I (Part-M).

If after 24 March 2022 the organisation has not closed these findings, the approval certificate shall be revoked, limited or suspended in whole or in part.

6.  
Certificates and aircraft maintenance programme approvals issued pursuant to Regulation (EU) No 1321/2014 as applicable before 24 March 2020 shall be deemed to have been issued in accordance with this Regulation.

▼B

Article 5

Certifying staff

▼M11

1.  
Certifying staff shall be qualified in accordance with the requirements of Annex III (Part-66), except as provided for in points M.A.606(h), M.A.607(b), M.A.801(c) and M.A.803 of Annex I (Part-M), in points ML.A.801(c) and ML.A.803 of Annex Vb (Part-ML), CAO.A.040(b) and CAO.A.040(c) of Annex Vd (Part-CAO) and in points 145.A.30(j) of and Appendix IV to Annex II (Part-145).

▼B

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.

▼M5

6.  
Until specific requirements for certifying staff for components are added to this Regulation, the requirements laid down in the national laws in force in the relevant Member State shall continue to apply, except for maintenance organisations located outside the Union where the requirements shall be approved by the Agency.

▼B

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.

▼M6

Article 7a

Competent authorities

1.  

Where a Member State designates more than one entity as competent authority with the necessary powers and allocated responsibilities for the certification and oversight of persons and organisations subject to this Regulation, the following requirements shall be complied with:

(a) 

the areas of competence of each competent authority shall be clearly defined, in particular in terms of responsibilities and geographic limitations;

(b) 

coordination shall be established between those authorities in order to ensure effective certification and oversight of all organisations and persons subject to this Regulation within their respective remits.

2.  
Member States shall ensure that the personnel of their competent authorities do not perform certification and oversight activities when there are indications that this could result, directly or indirectly, in a conflict of interest, in particular when relating to family or financial interest.
3.  

Where necessary to carry out certification or oversight tasks under this Regulation, the competent authorities shall be empowered to:

(a) 

examine the records, data, procedures, and any other material relevant to the execution of the certification and/or oversight tasks;

(b) 

make copies or extracts from such records, data, procedures and other material;

(c) 

ask for an oral explanation on-site from any of the personnel of those organisations;

(d) 

enter relevant premises, operating sites or means of transport owned or used by those persons;

(e) 

perform audits, investigations, assessments, inspections, including unannounced inspections, in respect of those organisations;

(f) 

take or initiate enforcement measures as appropriate.

4.  
The powers referred to in paragraph 3 shall be exercised in compliance with the legal provisions of the relevant Member State.

▼B

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);

▼M5 —————

▼M2

(c) 

for aircraft registered in a third country and dry leased-in by air carriers licenced in accordance with Regulation (EC) No 1008/2008, until 25 August 2017, the requirements of Annex Va.

2a.  
By way of derogation from paragraph 1, the requirements for aircraft used for commercial specialised operations and CAT other than those by air carriers licenced in accordance with Regulation (EC) No 1008/2008, set out in Regulation (EU) No 965/2012, as amended by Regulation (EU) No 379/2014 ( 6 ), shall apply from 21 April 2017.

Until that time:

— 
The provisions of Annex I, point M.A.201(f) shall apply to complex motor-powered aircraft used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;
— 
The provisions of Annex I, point M.A.201(h) shall apply to other than complex motor-powered aircraft, used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;
— 
The provisions of Annex I, point M.A.306(a) shall apply to aircraft used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and aircraft used by operators requested by a Member State to hold a certificate for commercial operations;
— 
The provisions of Annex I, point M.A.801(c) shall apply to ELA1 not used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and not used by commercial ATOs;
— 
The provisions of Annex I, point M.A.803(b) shall apply to non-complex motor-powered aircraft of 2 730 kg MTOM and below, sailplane, powered sailplane or balloon, not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs;
— 
The provisions of Annex I, point M.A.901(g) shall apply to ELA1 aircraft not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs.

▼B

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 ►M1  Regulation (EU) No 1149/2011 ◄ applied, the origin of time shall be the date by which ►M1  Regulation (EU) No 1149/2011 ◄ applied.

▼M5 —————

▼M1

6.  

By way of derogation from paragraph 1:

(a) 

competent authorities or, where applicable, organisations may continue to issue certificates, previous issue, as laid down in Appendix III to Annex I (Part-M) or Appendix II and Appendix III to Annex IV (Part-147) to Regulation (EU) No 1321/2014, in force prior to 27 July 2015, until 31 December 2015.

(b) 

certificates issued before 1 January 2016 remain valid until they are changed, suspended or revoked.

▼M11 —————

▼M6 —————

▼B

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




ANNEX I

(Part-M)

▼M6

CONTENTS

M.1

SECTION A — TECHNICAL REQUIREMENTS

SUBPART A — GENERAL

M.A.101

Scope

SUBPART B — ACCOUNTABILITY

M.A.201

Responsibilities

M.A.202

Occurrence reporting

SUBPART C — CONTINUING AIRWORTHINESS

M.A.301

Continuing airworthiness tasks

M.A.302

Aircraft maintenance programme

M.A.303

Airworthiness directives

M.A.304

Data for modifications and repairs

M.A.305

Aircraft continuing airworthiness record system

M.A.306

Aircraft technical log system

M.A.307

Transfer of aircraft continuing airworthiness records

SUBPART D — MAINTENANCE STANDARDS

M.A.401

Maintenance data

M.A.402

Performance of maintenance

M.A.403

Aircraft defects

SUBPART E — COMPONENTS

M.A.501

Classification and installation

M.A.502

Component maintenance

M.A.503

Life-limited parts and time-controlled components

M.A.504

Segregation of components

SUBPART F — MAINTENANCE ORGANISATION

M.A.601

Scope

M.A.602

Application

M.A.603

Extent of approval

M.A.604

Maintenance organisation manual

M.A.605

Facilities

M.A.606

Personnel requirements

M.A.607

Certifying staff and airworthiness review staff

M.A.608

Components, equipment and tools

M.A.609

Maintenance data

M.A.610

Maintenance work orders

M.A.611

Maintenance standards

M.A.612

Aircraft certificate of release to service

M.A.613

Component certificate of release to service

M.A.614

Maintenance and airworthiness review records

M.A.615

Privileges of the organisation

M.A.616

Organisational review

M.A.617

Changes to the approved maintenance organisation

M.A.618

Continued validity of approval

M.A.619

Findings

SUBPART G — CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION

M.A.701

Scope

M.A.702

Application

M.A.703

Extent of approval

M.A.704

Continuing airworthiness management exposition

M.A.705

Facilities

M.A.706

Personnel requirements

M.A.707

Airworthiness review staff

M.A.708

Continuing airworthiness management

M.A.709

Documentation

M.A.710

Airworthiness review

M.A.711

Privileges of the organisation

M.A.712

Quality system

M.A.713

Changes to the approved continuing airworthiness organisation

M.A.714

Record-keeping

M.A.715

Continued validity of approval

M.A.716

Findings

SUBPART H — CERTIFICATE OF RELEASE TO SERVICE (CRS)

M.A.801

Aircraft certificate of release to service

M.A.802

Component certificate of release to service

M.A.803

Pilot-owner authorisation

SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE

M.A.901

Aircraft airworthiness review

M.A.902

Validity of the airworthiness review certificate

M.A.903

Transfer of aircraft registration within the EU

M.A.904

Airworthiness review of aircraft imported into the EU

M.A.905

Findings

SECTION B — PROCEDURE FOR COMPETENT AUTHORITIES

SUBPART A — GENERAL

M.B.101

Scope

M.B.102

Competent authority

M.B.103

Findings and enforcement measures - persons

M.B.104

Record-keeping

M.B.105

Mutual exchange of information

SUBPART B — ACCOUNTABILITY

M.B.201

Responsibilities

M.B.202

Information to the Agency

SUBPART C — CONTINUING AIRWORTHINESS

M.B.301

Aircraft maintenance programme

M.B.302

Exemptions

M.B.303

Aircraft continuing airworthiness monitoring

M.B.304

Revocation, suspension and limitation

M.B.305

Aircraft technical log system

SUBPART D — MAINTENANCE STANDARDS

SUBPART E — COMPONENTS

SUBPART F — MAINTENANCE ORGANISATION

M.B.601

Application

M.B.602

Initial Approval

M.B.603

Issue of approval

M.B.604

Continuing oversight

M.B.605

Findings

M.B.606

Changes

M.B.607

Revocation, suspension and limitation of an approval

SUBPART G — CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION

M.B.701

Application

M.B.702

Initial approval

M.B.703

Issue of approval

M.B.704

Continuing oversight

M.B.705

Findings

M.B.706

Changes

M.B.707

Revocation, suspension and limitation of an approval

SUBPART H — CERTIFICATE OF RELEASE TO SERVICE (CRS)

SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE

M.B.901

Assessment of recommendations

M.B.902

Airworthiness review by the competent authority

M.B.903

Findings

M.B.904

Exchange of information

Appendix I — Continuing airworthiness management contract

Appendix II — Authorised Release Certificate — EASA Form 1

Appendix III — Airworthiness Review Certificate — EASA Form 15

Appendix IV — Class and Ratings System to be used for the Approval of Maintenance Organisations referred to in Annex I (Part-M), Subpart F and in Annex II (Part-145)

Appendix V — Maintenance Organisation Certificate referred to in Annex I (Part-M) Subpart F – EASA Form 3 MF

Appendix VI — Continuing airworthiness management organisation certificate referred to in Annex I (Part-M) Subpart G – EASA Form 14-MG

Appendix VII — Complex Maintenance Tasks

Appendix VIII — Limited Pilot owner Maintenance

▼B

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;

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3. 

for the approval of aircraft maintenance programmes (‘AMP’), one of the following:

(i) 

the authority designated by the Member State of registry of the aircraft;

(ii) 

if prior to the approval of the aircraft maintenance programme the Member State of registry agrees, one of the following:

(a) 

the authority designated by the Member State where the operator has its principal place of business or, in case the operator has no principal place of business, the authority designated by the Member State where the operator has its place of establishment or where the operator resides;

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(b) 

the authority responsible for the oversight of the organisation managing the continuing airworthiness of the aircraft or with which the owner has concluded a limited contract in accordance with point (i)(3) of point M.A.201.

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4. 

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.

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▼B

SECTION A

TECHNICAL REQUIREMENTS

SUBPART A

GENERAL

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M.A.101    Scope

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

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SUBPART B

ACCOUNTABILITY

M.A.201    Responsibilities

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(a) 

The owner of the aircraft shall be responsible for the continuing airworthiness of aircraft and shall ensure that no flight takes place unless all of the following requirements are met:

(1) 

the aircraft is maintained in an airworthy condition;

(2) 

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

(3) 

the airworthiness certificate is valid;

(4) 

the maintenance of the aircraft is performed in accordance with the AMP specified in point M.A.302.

▼B

(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.

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(d) 

The pilot-in-command or, in the case of aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, the operator, shall be responsible for the satisfactory accomplishment of the pre-flight inspection. That inspection shall be carried out by the pilot or another qualified person and shall not need to be carried out by an approved maintenance organisation or by certifying staff.

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(e) 

In the case of aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/2008 ( 7 ) the operator shall be responsible for the continuing airworthiness of the aircraft it operates and shall:

(1) 

ensure that no flight takes place unless the conditions set out in point (a) are met;

(2) 

take the necessary steps to ensure its approval as a continuing airworthiness management organisation (‘CAMO’) pursuant to Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), as part of air operator certificate for the aircraft it operates;

(3) 

take the necessary steps to ensure its approval in accordance with Annex II (Part-145) or conclude a written contract in accordance with point CAMO.A.315(c) of Annex Vc (Part-CAMO) or point M.A.708(c) of this Annex (Part-M) with an organisation which has been approved in accordance with Annex II (Part-145).

(f) 

For complex motor-powered aircraft used for commercial specialised operations, for CAT operations other than those performed by air carriers licensed in accordance with Regulation (EC) No 1008/2008 or by commercial Approved Training Organisations (‘ATO’) and Declared Training Organisations (‘DTO’) referred to in Article 10a of Regulation (EU) No 1178/2011 ( 8 ), the operator shall ensure that:

(1) 

no flight takes place unless the conditions set out in point (a) are met;

(2) 

the tasks associated with continuing airworthiness are performed by a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M); when the operator is not a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), it shall conclude a written contract as regards the performance of those tasks in accordance with Appendix I to this Annex with an organisation approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M);

(3) 

the CAMO referred to in point (2) is approved in accordance with Annex II (Part-145) as an organisation to qualify for the issue of an approval for the maintenance of aircraft and of components for installation thereon, or that CAMO has concluded a written contract in accordance with point CAMO.A.315(c) of Annex Vc (Part-CAMO) or point M.A.708(c) of this Annex (Part-M) with organisations approved in accordance with Annex II (Part-145).

(g) 

For complex motor-powered aircraft not included in points (e) and (f), the owner shall ensure that:

(1) 

no flight takes place unless the conditions set out in point (a) are met;

(2) 

the tasks associated with continuing airworthiness are performed by a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M); when the owner is not a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), it shall conclude a written contract as regards the performance of those tasks in accordance with Appendix I to this Annex with an organisation approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M);

(3) 

the CAMO referred to in point (2) is approved in accordance with Annex II (Part-145) as an organisation to qualify for the issue of an approval for the maintenance of aircraft and of components for installation thereon, or that CAMO has concluded a written contract in accordance with point CAMO.A.315(c) of Annex Vc (Part-CAMO) or point M.A.708(c) of this Annex (Part-M) with organisations approved in accordance with Annex II (Part-145).

(h) 

For aircraft other than complex motor-powered aircraft used for commercial specialised operations or for CAT operations other than those performed by air carriers licensed in accordance with Regulation (EC) No 1008/2008, or by commercial ATOs and commercial DTOs referred to in Article 10a of Regulation (EU) No 1178/2011, the operator shall ensure that:

(1) 

no flight takes place unless the conditions set out in point (a) are met;

(2) 

the tasks associated with continuing airworthiness are performed by a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), or a combined airworthiness organisation (‘CAO’) approved in accordance with Annex Vd (Part-CAO); when the operator is not a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), or a CAO approved in accordance with Annex Vd (Part-CAO), it shall conclude a written contract in accordance with Appendix I to this Annex with a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), or a CAO approved in accordance with Annex Vd (Part-CAO);

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(3) 

the CAMO or CAO referred to in point (2) is approved in accordance with Annex II (Part-145) or in accordance with Subpart F of this Annex (Part-M) or as a CAO with maintenance privileges, or that CAMO or CAO has concluded a written contract with organisations approved in accordance with Annex II (Part-145) or in accordance with Subpart F of this Annex (Part-M) or Annex Vd (Part-CAO) with maintenance privileges.

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(i) 

For aircraft other than complex motor-powered aircraft not included in points (e) and (h), or used for limited operations, the owner shall ensure that flight takes place only if the conditions set out in point (a) are met. To that end, the owner shall:

(1) 

attribute the continuing airworthiness tasks referred to in point M.A.301 to a CAMO or CAO through a written contract concluded in accordance with Appendix I; or

(2) 

carry out those tasks himself; or

(3) 

carry out those tasks himself except the tasks of the development of and the processing of the approval of the AMP, only if those tasks are performed by a CAMO or CAO through a limited contract concluded in accordance with point M.A.302.

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(j) 

The owner/operator shall ensure that any person authorised by the competent authority is granted access to any of its facilities, aircraft or documents related to its activities, including any subcontracted activities, to determine compliance with this Part.

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(k) 

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

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M.A.202    Occurrence reporting

(a) 

Without prejudice to the reporting requirements set out in Annex II (Part-145) and Annex Vc (Part-CAMO), any person or organisation responsible in accordance with point M.A.201 shall report any identified condition of an aircraft or component which endangers flight safety to:

(1) 

the competent authority designated by the Member State of registry of the aircraft, and, when different to the Member State of registry, to the competent authority designated by the Member State of the operator;

(2) 

to the organisation responsible for the type design or supplemental type design.

(b) 

The reports referred to in point (a) shall be made in a manner determined by the competent authority referred to in point (a) and shall contain all pertinent information about the condition known to the person or organisation making the report.

(c) 

Where the maintenance or the airworthiness review of the aircraft is carried out on the basis of a written contract, the person or the organisation responsible for those activities shall also report any condition referred to in point (a) to the owner and the operator of the aircraft and, when different, to the CAMO or CAO concerned.

(d) 

The person or organisation shall submit the reports referred to in points (a) and (c) as soon as possible, but no later than 72 hours from the moment when the person or organisation identified the condition to which the report relates, unless exceptional circumstances prevent this.

(e) 

The person or organisation shall submit a follow-up report, providing details of actions which that person or organisation intends to take to prevent similar occurrences in the future, as soon as those actions have been identified. The follow-up report shall be submitted in a form and manner established by the competent authority.

▼B

SUBPART C

CONTINUING AIRWORTHINESS

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M.A.301    Continuing airworthiness tasks

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

(a) 

the accomplishment of pre-flight inspections;

(b) 

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

(c) 

the accomplishment of all maintenance in accordance with the AMP referred to in point M.A.302;

(d) 

the release of all maintenance in accordance with Subpart H;

(e) 

for all complex motor-powered aircraft or aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, the analysis of the effectiveness of the approved AMP referred to in point M.A.302;

(f) 

the accomplishment of any applicable:

(1) 

airworthiness directive (AD);

(2) 

operational directive with a continuing airworthiness impact;

(3) 

continuing airworthiness requirement established by the Agency;

(4) 

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

(g) 

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

(h) 

delivering to the pilot-in-command, or to the operator in the case of air carriers licensed in accordance with Regulation (EC) No 1008/2008, the mass and balance statement reflecting the current configuration of the aircraft;

(i) 

maintenance check flights, when necessary.

M.A.302    Aircraft maintenance programme

(a) 

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

(b) 

The AMP and any subsequent amendments thereto shall be approved by the competent authority.

(c) 

►M8  When the continuing airworthiness of aircraft is managed by a CAMO or CAO, or when there is a limited contract between the owner and a CAMO or CAO concluded in accordance with point M.A.201(i)(3), the AMP and its amendments may be approved through an indirect approval procedure.

In that case, the indirect approval procedure shall be established by the CAMO or CAO concerned as part of the continuing airworthiness management exposition (‘CAME’) referred to in point CAMO.A.300 of Annex Vc or point M.A.704 of this Annex, or as part of the combined airworthiness exposition (‘CAE’) referred to in point CAO.A.025 of Annex Vd and shall be approved by the competent authority responsible for that CAMO or CAO. ◄

The indirect approval procedure shall only be used when the CAMO or CAO concerned is under the oversight of the Member State of registry of aircraft, unless a written contract has been concluded in accordance with point 3 of point M.1 transferring responsibility for the approval of the aircraft maintenance programme to the competent authority responsible for the CAMO or CAO.

(d) 

The AMP shall demonstrate compliance with:

(1) 

the instructions issued by the competent authority;

(2) 

the instructions for continuing airworthiness:

(i) 

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 Annex I (Part-21) to Regulation (EU) No 748/2012;

(ii) 

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

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(3) 

the applicable provisions of Annex I (Part-26) to Regulation (EU) 2015/640.

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(e) 

By derogation to point (d), the owner or the organisation managing the continuing airworthiness of the aircraft may deviate from the instruction referred to in point (d)(2) and propose escalated intervals in the AMP, based on data obtained from sufficient reviews carried out in accordance with point (h). Indirect approval is not permitted for the escalation of safety-related tasks. The owner or the organisation managing the continuing airworthiness of the aircraft may also propose additional instructions in the AMP.

(f) 

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

(g) 

For complex motor-powered aircraft, when the AMP is based on maintenance steering group logic or on condition monitoring, the AMP shall include a reliability programme.

(h) 

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

▼B

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.

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M.A.304    Data for modifications and repairs

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

(a) 

approved by the Agency;

(b) 

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

(c) 

contained in the requirements referred to in point 21.A.90B or 21.A.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, aircraft certificate of release to service (‘CRS’) required by point M.A.801 or point 145.A.50, as applicable, shall be entered in the aircraft continuing airworthiness record system, as soon as practicable and no later than 30 days after the completion of any maintenance.

(b) 

The aircraft continuing airworthiness record system shall contain the following:

1. 

the date of the entry, the total in-service life accumulated in the applicable parameter for aircraft, engine(s) and/or propeller(s);

2. 

the aircraft continuing airworthiness records described in points (c) and (d) below together with the supporting detailed maintenance records described in point (e) below;

3. 

if required by point M.A.306, the aircraft technical log.

(c) 

The aircraft continuing airworthiness records shall include the current mass and balance report and the current status of:

1. 

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

2. 

modifications and repairs;

3. 

compliance with the AMP;

4. 

deferred maintenance tasks and deferred defects rectification.

(d) 

The aircraft continuing airworthiness records shall include the current status specific to components of:

1. 

life-limited parts, including the life accumulated by each affected part in relation to the applicable airworthiness limitation parameter; and

2. 

time-controlled components, including the life accumulated by the affected components in the applicable parameter, since the last accomplishment of scheduled maintenance, as specified in the AMP.

(e) 

The owner or operator shall establish a system to keep the following documents and data in a form acceptable to the competent authority and for the periods specified below:

1. 

aircraft technical log system: the technical log or other data equivalent in scope and detail, covering the 36 months period prior to the last entry,

2. 

the CRS and detailed maintenance records:

(i) 

demonstrating compliance with ADs and measures mandated by the competent authority in immediate reaction to a safety problem applicable to the aircraft, engine(s), propeller(s) and components fitted thereto, as appropriate, until such time as the information contained therein is superseded by new information equivalent in scope and detail but covering a period not shorter than 36 months;

(ii) 

demonstrating compliance with the applicable data in accordance with point M.A.304 for current modifications and repairs to the aircraft, engine(s), propeller(s) and any component subject to airworthiness limitations; and

(iii) 

of all scheduled maintenance or other maintenance required for continuing airworthiness of aircraft, engine(s), propeller(s), as appropriate, until such time as the information contained therein is superseded by new information equivalent in scope and detail but covering a period not shorter than 36 months.

3. 

data specific to certain components:

(i) 

an in-service history record for each life-limited part based on which the current status of compliance with airworthiness limitations is determined;

(ii) 

the CRS and detailed maintenance records for the last accomplishment of any scheduled maintenance and any subsequent unscheduled maintenance of all life-limited parts and time-controlled components until the scheduled maintenance has been superseded by another scheduled maintenance of equivalent scope and detail but covering a period not shorter than 36 months;

(iii) 

the CRS and owner's acceptance statement for any component that is fitted to an ELA2 aircraft without an EASA Form 1 in accordance with point (c) of point 21.A.307 of Annex I (Part-21) to Regulation (EU) No 748/2012 but covering a period not shorter than 36 months.

4. 

Record-keeping periods when the aircraft is permanently withdrawn from service:

(i) 

the data required by point (b)(1) of point M.A.305 in respect of aircraft, engine(s), and propeller(s) which shall be retained for at least 12 months;

(ii) 

the last effective status and reports as identified under points (c) and (d) of point M.A.305 which shall be retained for at least 12 months; and

(iii) 

the most recent CRS(s) and detailed maintenance records as identified under points (e)(2)(ii) and (e)(3)(i) of point M.A.305 which shall be retained for at least 12 months.

(f) 

The person or organisation responsible for the management of continuing airworthiness tasks pursuant to point M.A.201 shall comply with the requirements regarding the aircraft continuing airworthiness record system and present the records to the competent authority upon request.

(g) 

All entries made in the aircraft continuing airworthiness record system 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.

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M.A.306    Aircraft technical log system

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(a) 

In addition to the requirements of point M.A.305, for CAT, commercial specialised operations and commercial ATO or commercial DTO operations, the operator shall use a technical log system containing the following information for each aircraft:

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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.

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(b) 

The initial issue of aircraft technical log system shall be approved by the competent authority specified in point CAMO.A.105 of Annex Vc (Part-CAMO), or point M.1 of this Annex (Part-M) or point CAO.1(1) of Annex Vd (Part-CAO), as applicable. Any subsequent amendment to that system shall be managed in accordance with point CAMO.A.300(c), or points M.A.704(b) and (c), or point CAO.A.025(c).

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▼B

M.A.307    Transfer of aircraft continuing airworthiness records

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(a) 

When an aircraft is permanently transferred from one owner or operator to another, the transferring owner or operator shall ensure that the continuing airworthiness records referred to in point M.A.305 and, if applicable the technical log system referred to in point M.A.306, are also transferred.

(b) 

When the owner contracts the continuing airworthiness management tasks to a CAMO or CAO, the owner shall ensure that the continuing airworthiness records referred to in point M.A.305 are transferred to that contracted organisation.

(c) 

The time periods for the retention of records set out in point (e) of point M.A.305 shall continue to apply to the new owner, operator, CAMO or CAO.

▼B

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.

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M.A.402    Performance of maintenance

Except for maintenance performed by a maintenance organisation approved in accordance with Annex II (Part-145), any person or organisation performing maintenance shall:

(a) 

be qualified for the tasks performed, as required by this part;

(b) 

ensure that the area in which maintenance is carried out is well organised and clean in respect of dirt and contamination;

(c) 

use the methods, techniques, standards and instructions specified in the M.A.401 maintenance data;

(d) 

use the tools, equipment and material specified in the M.A.401 maintenance data. If necessary, tools and equipment shall be controlled and calibrated to an officially recognised standard;

(e) 

ensure that maintenance is performed within any environmental limitations specified in the M.A.401 maintenance data;

(f) 

ensure that proper facilities are used in case of inclement weather or lengthy maintenance;

(g) 

ensure that the risk of multiple errors during maintenance and the risk of errors being repeated in identical maintenance tasks are minimised;

(h) 

ensure that an error capturing method is implemented after the performance of any critical maintenance task; and

(i) 

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

▼B

M.A.403    Aircraft defects

(a) 

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

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(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 the MEL is used by the pilot or by the authorised certifying staff.

(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 or the MEL.

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(d) 

Any defect not rectified before flight shall be recorded in the aircraft continuing airworthiness record system referred to in point M.A.305 or, if applicable in the aircraft technical log system referred to in point M.A.306.

▼B

SUBPART E

COMPONENTS

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M.A.501    Classification and installation

(a) 

All components shall be classified into the following categories:

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(1) 

Components which are in a satisfactory condition, released on an EASA Form 1 or equivalent and marked in accordance with Subpart Q of Annex I (Part-21) to Regulation (EU) No 748/2012, unless otherwise specified in Annex I (Part-21) to Regulation (EU) No 748/2012 or in this Annex (Part-M) or Annex Vd (Part-CAO).

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(2) 

Unserviceable components which shall be maintained in accordance with this Regulation.

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(3) 

Components categorised as unsalvageable because they have reached their mandatory life limitation or contain a non-repairable defect.

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(4) 

Standard parts used on an aircraft, engine, propeller or other aircraft component when specified in the maintenance data and accompanied by evidence of conformity traceable to the applicable standard.

(5) 

Material both raw and consumable used in the course of maintenance when the organisation is satisfied that the material meets the required specification and has appropriate traceability. All materials 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.

(b) 

Components, standard parts and material shall only be installed on an aircraft or a component when they are in a satisfactory condition, belong to one of the categories listed in point (a) and the applicable maintenance data specifies the particular component, standard part or material.

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M.A.502    Component maintenance

(a) 

The maintenance of components shall be performed by maintenance organisations approved in accordance with Subpart F of this Annex or with Annex II (Part-145) or with Annex Vd (Part-CAO), as applicable.

(b) 

►M8  By derogation from point (a), where a component is fitted to the aircraft, the maintenance of such component may be performed by an aircraft maintenance organisation approved in accordance with Subpart F of this Annex or with Annex II (Part-145) or with Annex Vd (Part-CAO) or by certifying staff referred to in point M.A.801(b)(1). ◄ Such maintenance shall be performed in accordance with aircraft maintenance data or in accordance with component maintenance data if the competent authority agreed. Such aircraft maintenance organisation or certifying staff may temporarily remove the component for maintenance if this is necessary to improve access to the component, except where additional maintenance is required due to the removal. Component maintenance performed in accordance with this point shall not be 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), where a component is fitted to the engine or auxiliary power unit (‘APU’), the maintenance of such component may be performed by an engine maintenance organisation approved in accordance with Subpart F of this Annex, or with Annex II (Part-145) or with Annex Vd (Part-CAO). Such maintenance shall be performed in accordance with engine or APU maintenance data or in accordance with component maintenance data if agreed by the competent authority. Such B-rated organisation may temporarily remove the component for maintenance if this is necessary to improve access to the component, except where additional maintenance is required due to the removal.

Points (a) to (c) above shall not apply to components referred to in point (c) of point 21.A.307 of Annex I (Part-21) to Regulation (EU) No 748/2012.

(d) 

►M8  Maintenance of components referred to in point (c) of point 21.A.307 of Annex I (Part 21) to Regulation (EU) No 748/2012, where the component is fitted to the aircraft or is temporarily removed to improve access, shall be performed by an aircraft maintenance organisation approved in accordance with Subpart F of this Annex or with Annex II (Part-145) or with Annex Vd (Part-CAO), as applicable, by certifying staff referred to in point M.A.801(b)(1) or by the pilot-owner referred to in point M.A.801(b)(2). ◄ Component maintenance performed in accordance with this point shall not be 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    Life-limited parts and time-controlled components

▼M8

(a) 

Installed life-limited parts and time-controlled components shall not exceed the approved limitation as specified in the AMP and ADs, except as provided for in point M.A.504(b).

▼C1

(b) 

When the approved limitation expires, the component shall be removed from the aircraft for maintenance, or for disposal in the case of life-limited parts.

▼M5

M.A.504    Segregation of components

(a) 

Unserviceable and unsalvageable components shall be segregated from serviceable components, standards parts and materials.

▼M6

(b) 

Unsalvageable components shall not be permitted to re-enter the component supply system unless the mandatory life limitation has been extended or a repair solution has been approved in accordance with Regulation (EU) No 748/2012.

▼B

SUBPART F

MAINTENANCE ORGANISATION

▼M2

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 other than complex motor powered aircraft and components to be installed therein not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008.

▼B

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

▼M6

(a) 

An organisation involved in activities subject to this Subpart shall not exercise its activities unless approved by the competent authority. To that aim, the competent authority shall use the template set out in Appendix V.

(b) 

The scope of work subject to approval shall be specified in the maintenance organisation manual in accordance with point M.A.604. Classes and ratings to be used for the approval of maintenance organisations are set out in Appendix IV of this Part.

▼B

(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:

▼M6

1. 

a statement signed by the accountable manager appointed in accordance with point M.A.606, point (a) which confirms that the organisation will at all times carry out its activities in accordance with the requirements of this Annex (Part-M) or Annex Vb (Part-ML), as applicable, and with the manual;

▼B

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;

▼M8

5. 

a list of certifying staff and, if applicable, airworthiness review staff, with their scope of approval, and;

▼M1

6. 

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

▼B

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.

▼M8

(e) 

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

▼B

(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.

▼M5

(g) 

The maintenance organisation shall have sufficient certifying staff to issue certificates of release to service for aircraft and components provided for in points M.A.612 and M.A.613. The staff shall comply with the following requirements:

1. 

Annex III (Part-66) in the case of aircraft;

2. 

Article 5(6) of this Regulation in the case of components.

▼B

(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.

▼M8

(i) 

If the organisation performs airworthiness reviews and issues the corresponding airworthiness review certificate for ELA1 aircraft not involved in commercial operations in accordance with point ML.A.903 of Annex Vb (Part-ML), it shall have airworthiness review staff qualified and authorised meeting all of the following requirements:

1. 

shall hold a certifying staff authorisation for the corresponding aircraft;

2. 

shall have at least three years of experience as certifying staff;

3. 

shall be independent from the continuing airworthiness management process of the aircraft being reviewed or shall have overall authority on the continuing airworthiness management process of the complete aircraft being reviewed;

4. 

shall have acquired knowledge of Subpart C of this Annex (Part-M) or Subpart C of Annex Vb (Part-ML);

5. 

shall have acquired proven knowledge of the procedures of the maintenance organisation relevant to the airworthiness review and issue of the airworthiness review certificate;

6. 

shall have been formally accepted by the competent authority after having performed an airworthiness review under the supervision of the competent authority or under the supervision of the organisation's airworthiness review staff in accordance with a procedure approved by the competent authority;

7. 

shall have performed at least one airworthiness review in the last twelve-month period.

▼M1

M.A.607    Certifying staff and airworthiness review staff

▼B

(a) 

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

▼M6

1. 

that certifying staff can demonstrate that they meet the requirements of point (b) of point 66.A.20 of Annex III (Part-66) or, where that Annex so requires, the requirements of the law of the Member State;

▼B

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.

►M1  All such cases must be reported to the competent authority within seven days after issuing 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.

▼M1

(c) 

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

▼B

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.

▼M5

(c) 

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

▼M6

M.A.609    Maintenance data

The approved maintenance organisation shall hold and use applicable current maintenance data specified in point M.A.401 of this Annex or in point ML.A.401 of Annex Vb (Part-ML), as applicable, in the performance of maintenance, including modifications and repairs. However, in the case of customer-provided maintenance data, the organisation shall only hold and use such data when the maintenance work is in progress.

▼B

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.

▼M6

M.A.611    Maintenance standards

All maintenance shall be carried out in accordance with the requirements of Subpart D, Section A of this Annex or with the requirements of Subpart D, Section A of Annex Vb (Part-ML), as set out in Article 3 paragraph 1.

M.A.612    Aircraft certificate of release to service

Upon completion of all required aircraft maintenance in accordance with this Subpart, an aircraft CRS shall be issued in accordance with point M.A.801 of this Annex or point ML.A.801 of Annex Vb (Part-ML), as set out in Article 3 paragraph 1.

M.A.613    Component certificate of release to service

(a) 

Upon completion of all required component maintenance in accordance with this Subpart, a component CRS shall be issued in accordance with point M.A.802 of this Annex or with point ML.A.802 of Annex Vb (Part-ML), as applicable. An EASA Form 1 shall be issued, except for those components maintained in accordance with points (b) or (d) of point M.A.502, for components fabricated in accordance with point (c) of point M.A.603 of this Annex and for components in respect of which point ML.A.502 of Annex Vb (Part-ML) provides otherwise.

(b) 

The component CRS document, EASA Form 1, may be generated from a computer system.

▼M1

M.A.614    Maintenance and airworthiness review records

▼M8

(a) 

The approved maintenance organisation shall record all details of work carried out. Records necessary to prove all requirements have been met for the issue of the certificate of release to service including the subcontractor's release documents and for the issue of any airworthiness review certificate shall be retained.

(b) 

The approved maintenance organisation shall provide a copy of each CRS to the aircraft owner or operator, together with a copy of any detailed maintenance records associated with the work carried out and necessary to demonstrate compliance with point M.A.305 of this Annex (Part-M) or ML.A.305 of Annex Vb (Part-ML), as applicable.

▼M1

(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. ►M8  In addition, it shall retain a copy of all the records related to the issue of airworthiness review certificates for three years from the date of issue and shall provide a copy of them to the owner of the aircraft. ◄

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.

▼M6

M.A.615    Privileges of the organisation

The maintenance organisation approved in accordance with Subpart F, Section A of this Annex 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 specialised services under the control of the maintenance organisation at another organisation appropriately qualified, as described in the maintenance organisation manual;

(c) 

maintain any aircraft or component for which it is approved at any location, where the need of such maintenance arises either from the unserviceability of the aircraft or from the necessity of supporting occasional maintenance and subject to compliance with the conditions specified in the maintenance organisation manual;

(d) 

issue certificates of release to service, upon completion of maintenance, in accordance with point M.A.612 or M.A.613 of this Annex;

(e) 

if specifically approved to do so for ELA1 aircraft not involved in commercial operations, perform airworthiness reviews and issue the corresponding airworthiness review certificate in accordance with the conditions specified in point ML.A.903 of Annex Vb (Part-ML).

The organisation shall only maintain an aircraft or component for which it is approved when all the necessary facilities, equipment, tooling, material, maintenance data and certifying staff are available.

▼B

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);

▼M1

6. 

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

▼B

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

▼M11

(a) 

An approval shall remain valid until 24 March 2022, subject to:

▼B

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

▼M6

(a) 

A level 1 finding is any finding of significant non-compliance with the requirements of this Annex and Annex Vb (Part-ML) which lowers the safety standard and seriously endangers flight safety.

(b) 

A level 2 finding is any finding of non-compliance with the requirements of this Annex and Annex Vb (Part-ML) which may lower the safety standard and may endanger flight safety.

▼B

(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.

▼M2

(b) 

Notwithstanding point (a), for licenced air carriers in accordance with Regulation (EC) No 1008/2008, the approval shall be part of the air operator certificate issued by the competent authority, for the aircraft operated.

▼B

(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:

▼M8

1. 

a statement signed by the accountable manager confirming that the organisation will at all times work in accordance with this Annex (Part-M) and Annex Vb (Part-ML), as applicable;

▼B

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;

▼M8

7. 

the procedures specifying how the organisation ensures compliance with this Annex (Part-M) and Annex Vb (Part-ML), as applicable, and;

▼B

8. 

the continuing airworthiness management exposition amendment procedures, and;

▼M2

9. 

the list of approved aircraft maintenance programmes, or, for aircraft not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, the list of ‘generic’ and ‘baseline’ maintenance programmes.

▼B

(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

▼M8

(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 Annex (Part-M) and Annex Vb (Part-ML), as applicable.

▼M2

(b) 

For licenced air carriers in accordance with Regulation (EC) No 1008/2008 the accountable manager referred to in point (a) 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.

▼M8

(c) 

A person or group of persons shall be nominated with the responsibility of ensuring that the organisation always complies with the applicable continuing airworthiness management, airworthiness review and permit to fly requirements of this Annex (Part-M) and Annex Vb (Part-ML). Such person(s) shall be ultimately responsible to the accountable manager.

▼M2

(d) 

For licenced air carriers in accordance with Regulation (EC) No 1008/2008, 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).

▼B

(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.

▼M8

(i) 

For organisations extending airworthiness review certificates in accordance with points M.A.711(a)(4) and M.A.901 of this Annex (Part-M) or point ML.A.901(c) of Annex Vb (Part-ML) as applicable, the organisation shall nominate persons authorised to do so, subject to approval by the competent authority.

▼B

(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).

▼M2

(k) 

For complex motor-powered aircraft and for aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, 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.

▼B

M.A.707    Airworthiness review staff

(a) 

▼M8

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, Subpart I of Annex I (Part-M) or in Section A, Subpart I of Annex Vb (Part-ML) and, if applicable, to issue a permit to fly in accordance with point M.A.711(c):

▼M2

1. 

For aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, and aircraft above 2 730 kg MTOM, except balloons, these staff shall have acquired:

(a) 

at least 5 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 5 years of experience in continuing airworthiness additional to those already required by point M.A.707(a)1(a).

2. 

For aircraft not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008 of 2 730 kg MTOM and below, and balloons, these staff shall have acquired:

(a) 

at least 3 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 4 years of experience in continuing airworthiness additional to those already required by point M.A.707(a)2(a).

▼M1

(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 the supervision of the competent authority or under the supervision of the organisation's airworthiness review staff in accordance with a procedure approved by the competent authority.

▼B

(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

▼M8

(a) 

The organisation shall ensure that all continuing airworthiness management is carried out in accordance with Section A, Subpart C of this Annex (Part-M), and Section A, Subpart C of Annex Vb (Part-ML), as applicable.

▼B

(b) 

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

▼M8

1. 

ensure that an aircraft maintenance programme including any applicable reliability programme, as required by point M.A.302 of this Annex (Part-M) or ML.A.302 of Annex Vb (Part-ML), as applicable, is developed and controlled,

2. 

for aircraft not used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, provide a copy of the aircraft maintenance programme to the owner or operator responsible in accordance with point M.A.201 of this Annex (Part-M) or ML.A.201 of Annex Vb (Part-ML), as applicable,

▼B

3. 

manage the approval of modification and repairs,

▼M8

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) or Section A, Subpart H of Annex Vb (Part-ML), as applicable,

▼B

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.

▼M8

(c) 

In the case of complex motor-powered aircraft or aircraft used for CAT, or aircraft used for commercial specialised operations or commercial ATO or commercial DTO operations, when the CAMO is not appropriately approved in accordance with Annex II (Part-145) or Subpart F of this Annex (Part-M) or Annex Vd (Part-CAO), the organisation shall, in consultation with the operator, establish a written maintenance contract with an organisation approved in accordance with Annex II (Part-145) or Subpart F of this Annex (Part-M) or Annex Vd (Part-CAO) or with another operator, detailing the functions specified under points M.A.301(b), M.A.301(c), M.A.301(f) and M.A.301(g) of this Annex (Part-M), or points ML.A.301(b) to (e) of Annex Vb (Part-ML), ensuring that all maintenance is ultimately carried out by a maintenance organisation approved in accordance with Annex II (Part-145) or Subpart F of this Annex (Part-M) or Annex Vd (Part-CAO) and defining the support of the quality functions referred to in point M.A.712(b) of this Annex (Part-M).

(d) 

Notwithstanding point (c), the contract may be in the form of individual work orders addressed to the maintenance organisation approved in accordance with Annex II (Part-145) or Subpart F of this Annex (Part-M) or Annex Vd (Part-CAO) in the case of:

1. 

an aircraft requiring unscheduled line maintenance;

2. 

component maintenance, including engine maintenance.

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 of this Annex (Part-M) or point ML.A.401 of Annex Vb (Part-ML), as applicable, for the performance of continuing airworthiness tasks referred to in point M.A.708 of this Annex (Part-M). That 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 of this Annex (Part-M).

(b) 

For aircraft not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, the approved continuing airworthiness management organisation may develop ‘baseline’ or ‘generic’ maintenance programmes, or both, in order to allow for the initial approval or the extension of the scope of an approval, without having the contracts referred to in Appendix I to this Annex (Part M) or Appendix I to Annex Vb (Part-ML), as applicable. Those ‘baseline’ and ‘generic’ maintenance programmes however do not preclude the need to establish an adequate Aircraft Maintenance Programme in compliance with point M.A.302 of this Annex (Part-M) or ML.A.302 of Annex Vb (Part-ML), as applicable, in due time before exercising the privileges referred to in point M.A.711 of this Annex (Part-M).

M.A.710    Airworthiness review

When the organisation approved in accordance with point M.A.711(b) of this Annex (Part-M) performs airworthiness reviews, they shall be performed in accordance with point M.A.901 of this Annex (Part-M) or point ML.A.903 of Annex Vb (Part-ML), as applicable.

▼B

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:

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1. 

manage the continuing airworthiness of aircraft, except those used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, as listed on the approval certificate;

2. 

manage the continuing airworthiness of aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, when listed both on its approval certificate and on its Air Operator Certificate (AOC);

▼B

3. 

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

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4. 

extend, under the conditions set out in point M.A.901(f) of this Annex (Part-M) or ML.A.901(c) of Annex Vb (Part-ML), as applicable, an airworthiness review certificate that has been issued by the competent authority or by another organisation or person, as applicable;

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5. 

approve the AMP, in accordance with point (b)(2) of point ML.A.302, for aircraft managed in accordance with Annex Vb (Part-ML).

▼B

(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:

▼M8

1. 

issue the related airworthiness review certificate and extend it in due time under the conditions set out in points M.A.901(c)(2) or M.A.901(e)(2) of this Annex (Part-M) or point ML.A.901(c) of Annex Vb (Part-ML), as applicable; and,

▼B

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.

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(e) 

For licenced air carriers in accordance with Regulation (EC) No 1008/2008 the M.A. Subpart G quality system 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 by licenced air carriers in accordance with Regulation (EC) No 1008/2008, 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.

▼B

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

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(a) 

The continuing airworthiness management organisation shall record all details of work carried out. The records required under point M.A.305 of this Annex (Part-M) or ML.A.305 of Annex Vb (Part-ML), as applicable, and if applicable point M.A.306 of this Annex (Part-M), shall be retained.

▼B

(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) 

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An approval shall remain valid until 24 March 2022, subject to:

▼B

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

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(a) 

A level 1 finding is any significant non-compliance with the requirements of this Annex (Part-M) or Annex Vb (Part-ML), as applicable, which lowers the safety standard and hazards seriously the flight safety;

(b) 

A level 2 finding is any non-compliance with the requirements of this Annex (Part-M) or Annex Vb (Part-ML), as applicable, which could lower the safety standard and possibly hazard the flight safety;

▼B

(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

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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 CRS shall be issued in accordance with this Subpart.

(b) 

No aircraft shall be released to service unless a CRS is issued when all maintenance tasks ordered have been properly carried out. The CRS shall be issued by an authorised certifying staff of the maintenance organisation approved in accordance with Subpart F of this Annex or with Annex Vd (Part-CAO), except for maintenance tasks other than complex maintenance tasks listed in Appendix VII to this Annex where the CRS is issued, alternatively by:

1. 

independent certifying staff acting in accordance with the requirements laid down in Article 5 of this Regulation;

2. 

the pilot-owner acting in accordance with point M.A.803 of this Annex.

(c) 

By derogation from point (b), in case of unforeseen situations, when an aircraft is grounded at a location where no maintenance organisation approved in accordance with this Annex, Annex II (Part-145) or Annex Vd (Part-CAO) and no independent certifying staff are available, the owner may authorise any person, with no less than 3 years of appropriate maintenance experience and holding either a valid ICAO Annex 1 compliant maintenance license for the aircraft type requiring certification or a certifying staff authorisation valid for the work requiring certification issued by an ICAO Annex 6 approved maintenance organisation to maintain the aircraft in accordance with the standards set out in Subpart D of this Annex and release it to service. In that case, the owner shall:

1. 

obtain and keep in the aircraft records specifying details of the maintenance carried out and of the qualifications of the person issuing the CRS;

2. 

ensure that any such maintenance is later on verified and a new CRS is issued by an appropriately authorised person referred to in point (b) or an organisation approved in accordance with Subpart F of this Annex, Annex II (Part-145) or Annex Vd (Part-CAO), at the earliest opportunity and in any case within 7 calendar days from the issuance of a CRS by the person authorised by the owner;

3. 

notify the organisation responsible for the continuing airworthiness management of the aircraft, when contracted, or the competent authority in the absence of such a contract, within 7 days from the issuance of such authorisation.

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(d) 

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

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(e) 

A CRS shall contain at least:

1. 

basic details of the maintenance carried out;

2. 

the date on which the maintenance was completed;

3. 

the identity of the organisation or person issuing the CRS, including, alternatively:

(i) 

the approval reference of the maintenance organisation and the certifying staff issuing the CRS;

(ii) 

in the case referred to in point (b)(2), the identity and, where applicable, the licence number of the certifying staff issuing the CRS;

4. 

the limitations to airworthiness or operations, if any.

(f) 

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

(g) 

A CRS shall not be issued in the case of any known non-compliance which endangers flight safety.

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M.A.802    Component certificate to release to service

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(a) 

Except for component released to service by a maintenance organisation approved in accordance with Annex II (Part-145), a CRS shall be issued at the completion of any maintenance carried out on an aircraft component in accordance with point M.A.502 of this Annex (Part-M).

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(b) 

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

▼B

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.

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(b) 

For any other than complex motor-powered aircraft of 2 730  kg MTOM and below, which are not used in CAT operations, in commercial specialised operations or in commercial operations by ATOs or DTOs, the pilot-owner may issue a CRS after having carried out limited pilot-owner maintenance as specified in Appendix VIII to this Annex.

▼B

(c) 

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

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(d) 

The CRS shall be entered in the aircraft continuing airworthiness record system and contain basic details of the maintenance carried out, the maintenance data used, the date on which that maintenance was completed, as well as the identity, the signature and pilot licence number of the pilot-owner issuing such a certificate.

▼B

SUBPART I

AIRWORTHINESS REVIEW CERTIFICATE

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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 upon completion of a satisfactory airworthiness review. The airworthiness review certificate shall be valid for 1 year;

(b) 

An aircraft in a controlled environment is an aircraft which, during the preceding 12 months:

1. 

has had its airworthiness continuously managed by a unique CAMO or CAO;

2. 

has been maintained by a maintenance organisation approved in accordance with Subpart F of this Annex, Annex II (Part-145) or Annex Vd (Part-CAO), including the cases when maintenance tasks referred to in point (b) of point M.A.803 are carried out and released to service in accordance with point (b)(1) or (b)(2) of point M.A.801 of this Annex.

(c) 

►M8  For all aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, and for aircraft above 2 730 kg MTOM that are in a controlled environment, the organisation referred to in point (b)(1) managing the continuing airworthiness of the aircraft may in accordance with CAMO.A.125(e) of Annex Vc or point M.A.711(b) of this Annex or point CAO.A.095(c)(1) of Annex Vd, as applicable, and subject to compliance with point (j): ◄

1. 

issue an airworthiness review certificate in accordance with point M.A.901;

2. 

extend at most twice the validity of the airworthiness review certificate it has issued, for a period of 1 year each time, where the aircraft concerned has remained within a controlled environment.

(d) 

The airworthiness review certificate shall be issued by the competent authority upon a satisfactory assessment based on a recommendation made by a CAMO or CAO, sent together with the application from the owner or operator for all aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, and for aircraft above 2 730  kg MTOM that complies with the following alternative conditions:

1. 

they are not in a controlled environment;

2. 

their continuing airworthiness is managed by an organisation that does not hold the privilege to carry out airworthiness reviews.

The recommendation referred to in the first subparagraph shall be based on an airworthiness review carried out in accordance with point M.A.901.

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(e) 

For aircraft of 2 730 kg MTOM and below not used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, any CAMO or CAO chosen by the owner or operator may in accordance with CAMO.A.125(e) of Annex Vc or point M.A.711(b) of this Annex or CAO.A.095(c) of Annex Vd, as applicable, and subject to compliance with point (j):

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1. 

issue the airworthiness review certificate in accordance with point M.A.901;

2. 

extend at most twice the validity of the airworthiness review certificate it has issued, for a period of 1 year each time, where the aircraft has remained within a controlled environment under its management.

(f) 

By derogation from points (c)(2) and (e)(2) of point M.A.901, for aircraft that are in a controlled environment, the organisation referred to in point (b)(1) managing the continuing airworthiness of the aircraft, may, subject to compliance with point (j), extend at most twice the validity of an airworthiness review certificate that the competent authority or another CAMO or CAO has issued, for a period of 1 year each time.

(g) 

Whenever circumstances reveal the existence of a potential risk to aviation safety, the competent authority shall carry out the airworthiness review and issue the airworthiness review certificate itself.

(h) 

Without prejudice to point (g), the competent authority may carry out the airworthiness review and issue the airworthiness review certificate itself in the following cases:

1. 

when the continuing airworthiness of the aircraft is managed by a CAMO or CAO which has its principal place of business located in a third country;

2. 

for any other aircraft of 2 730  kg MTOM and below, if the owner so requests.

(i) 

Where the competent authority issues the airworthiness review certificate itself in accordance with points (g) or (h) or after assessing the recommendation in accordance with point M.B.901, the owner or operator of the aircraft shall, where necessary for those purposes, provide the competent authority with:

1. 

any documentation required by the competent authority;

2. 

suitable accommodation at the appropriate location for its personnel;

3. 

the support of the certifying staff.

(j) 

An airworthiness review certificate shall not be issued, nor extended if there is evidence or indications that the aircraft is not airworthy.

(k) 

The airworthiness review of the aircraft shall include a full documented review of the aircraft records establishing that the following requirements have been met:

1. 

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

2. 

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

3. 

all the maintenance due on the aircraft pursuant to the approved AMP has been carried out;

4. 

all known defects have been corrected or, when applicable, carried forward in a controlled manner in accordance with M.A.403;

5. 

all applicable ADs have been applied and properly registered;

6. 

all modifications and repairs applied to the aircraft have been registered and are in compliance with point M.A.304;

7. 

all life-limited parts and time-controlled components installed on the aircraft are properly identified, registered and have not exceeded their limitation;

8. 

all maintenance has been carried out in accordance with this Annex;

9. 

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

10. 

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

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.

(l) 

The airworthiness review of the aircraft shall include a physical survey of the aircraft. For that survey, airworthiness review staff not appropriately qualified in accordance with Annex III (Part-66) shall be assisted by such qualified staff.

(m) 

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

1. 

all required markings and placards are properly installed;

2. 

the aircraft complies with its approved flight manual;

3. 

the aircraft configuration complies with the approved documentation;

4. 

no evident defect can be found that has not been addressed in accordance with point M.A.403;

5. 

no inconsistencies can be found between the aircraft and the documented review of records referred to in point (k).

(n) 

By derogation from point (a), the airworthiness review may be anticipated by a maximum period of 90 days without loss of continuity of the airworthiness review pattern, so as to allow for the physical review to take place during a maintenance check.

(o) 

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 this Annex can only be issued:

1. 

by authorised airworthiness review staff on behalf of the approved organisation;

2. 

if the airworthiness review has been completely carried out.

(p) 

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

(q) 

Airworthiness review tasks shall not be subcontracted.

(r) 

Should the outcome of the airworthiness review be inconclusive, the organisation having carried out the review shall inform the competent authority as soon as possible and in any case within 72 hours from the moment the organisation identifies the reason for which the airworthiness review is inconclusive.

(s) 

The airworthiness review certificate shall not be issued until all findings have been closed.

▼B

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

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5. 

a modification or repair is not in compliance with point M.A.304.

▼B

(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.

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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 or from a regulatory system where Regulation (EU) 2018/1139 does not apply, the applicant shall:

1. 

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

2. 

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

3. 

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

(b) 

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

(c) 

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

(d) 

The competent authority of the Member State of registry shall issue an airworthiness certificate when it is satisfied that the aircraft complies with the requirements of Annex I (Part-21) to Regulation (EU) No 748/2012.

(e) 

That competent authority of the Member State shall also issue the airworthiness review certificate. The certificate shall be valid for 1 year, unless the competent authority decides to reduce the period of validity for reasons of aviation safety.

▼B

M.A.905    Findings

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(a) 

A level 1 finding is any finding of significant non-compliance with the requirements of this Annex, which lowers the safety standard and seriously endangers flight safety.

(b) 

A level 2 finding is any finding of non-compliance with the requirements of this Annex, which may lower the safety standard and may endanger the flight safety.

▼B

(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.

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M.B.103    Findings and enforcement measures — persons

If, during oversight or by any other means, evidence is found by the competent authority responsible for oversight in accordance with this Annex that shows a non-compliance with the applicable requirements of Regulation (EU) 2018/1139 by a person holding a licence, certificate, rating or attestation issued in accordance with Regulation (EU) 2018/1139, the competent authority that identified the non-compliance shall take any enforcement measures necessary to prevent the continuation of that non-compliance.

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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 programme 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 5 years.

(d) 

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

1. 

the aircraft certificate of airworthiness;

2. 

airworthiness review certificates;

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3. 

airworthiness review recommendations issued by CAO or CAMO;

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4. 

the reports from the airworthiness reviews carried out directly by the competent authority;

5. 

all relevant correspondence relating to the aircraft;

6. 

the details of any exemption and enforcement action(s);

7. 

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

(e) 

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

(f) 

All records shall be made available upon request by another Member State or the Agency.

▼B

M.B.105    Mutual exchange of information

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(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 72 of Regulation (EU) 2018/1139.

▼B

(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

▼M6

M.B.201    Responsibilities

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

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M.B.202    Information to the Agency

(a) 

The competent authority shall without undue delay notify the Agency in case of any significant problems with the implementation of Regulation (EU) 2018/1139.

(b) 

The competent authority shall provide the Agency with safety-significant information stemming from the occurrence reports it has received pursuant to point M.A.202.

▼B

SUBPART C

CONTINUING AIRWORTHINESS

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M.B.301    Aircraft maintenance programme

(a) 

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

(b) 

Unless stated otherwise in point (c) of point M.A.302, the AMP and its amendments shall be approved directly by the competent authority. The competent authority shall have access to all the data required by points (d), (e) and (f) of point M.A.302.

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(c) 

In the case of indirect approval as provided for in point M.A.302(c), the competent authority shall approve the AMP approval procedure of the CAO or CAMO through that organisation’s exposition referred to in point CAO.A.025 of Annex Vd, point M.A.704 of this Annex, or point CAMO.A.300 of Annex Vc, as applicable.

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M.B.302    Exemptions

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

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M.B.303    Aircraft continuing airworthiness monitoring

(a) 

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

(b) 

The survey programme shall include sample product surveys of aircraft and shall cover all aspects of airworthiness key risk elements.

(c) 

The product survey shall sample the airworthiness standards achieved, on the basis of the applicable requirements, and identify any findings.

(d) 

Any findings identified shall be categorised against the requirements of this Part and confirmed in writing to the person or organisation accountable according to M.A.201. The competent authority shall have a process in place to analyse findings for their safety significance.

(e) 

The competent authority shall record all findings and closure actions.

(f) 

If during aircraft surveys evidence is found showing non-compliance with this Part or with any other Part, the finding shall be dealt with as prescribed by the relevant Part.

(g) 

If so required to ensure appropriate enforcement action, the competent authority shall exchange information on non-compliances identified in accordance with point (f) with other competent authorities.

M.B.304    Revocation and suspension

The competent authority shall:

(a) 

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

(b) 

suspend or revoke an airworthiness review certificate pursuant to M.B.903(1).

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M.B.305    Aircraft technical log system

(a) 

The competent authority shall approve the initial aircraft technical log system required by point M.A.306.

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(b) 

To enable the organisation to implement changes to the aircraft technical log system without prior competent authority approval, the competent authority shall approve the relevant procedure referred to in point CAMO.A.300(c) of Annex Vc, or point M.A.704(c) of this Annex or point CAO.A.025(c) of Annex Vd.

▼B

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.

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(b) 

The competent authority shall establish that the procedures specified in the maintenance organisation manual comply with Subpart F of this Annex, and shall ensure that 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 this Annex.

▼B

(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

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(a) 

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

▼B

(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

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(a) 

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

▼B

(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

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(a) 

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

▼B

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.

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(c) 

For any change to the maintenance organisation manual:

1. 

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

2. 

in the case of an indirect approval of changes in accordance with point (c) of point M.A.604, the competent authority shall ensure that:

(i) 

the changes remain minor;

(ii) 

it has adequate control over the approval of the changes to ensure they remain in compliance with the requirements of this Annex.

▼B

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

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(a) 

For licenced air carriers in accordance with Regulation (EC) No 1008/2008 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 CAMO and Part-145 approved maintenance organisation.

▼B

(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.

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M.B.703    Issue of approval

(a) 

The competent authority shall issue to the applicant an EASA Form 14-MG approval certificate (Appendix VI to this Annex) 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 MG approval certificate.

(c) 

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

(d) 

In the case of licenced air carriers in accordance with Regulation (EC) No 1008/2008, the information contained on an EASA Form 14 MG will be included on the air operator's certificate.

▼B

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) 

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

▼B

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.

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(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) of this Annex (Part-M), the competent authority shall verify that the procedures specified in the exposition are in compliance with this Annex (Part-M) or Annex Vb (Part-ML), as applicable, 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) of this Annex (Part-M), the competent authority shall ensure all of the following:

(i) 

that the changes remain minor;

(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) or Annex Vb (Part-ML), as applicable.

▼B

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:

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1. 

Appropriately qualified personnel of the competent authority shall verify that the compliance statement contained in the recommendation demonstrates that a complete airworthiness review in accordance with point M.A.901 has been carried out.

▼B

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

▼M6

(a) 

When the competent authority carries out the airworthiness review and issues the airworthiness review certificate (Appendix III (EASA Form 15a) to this Annex), the competent authority shall carry out an airworthiness review in accordance with point M.A.901.

(b) 

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

1. 

For all aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, and for aircraft above 2 730  kg MTOM, such staff shall have:

(a) 

acquired at least 5 years of experience in continuing airworthiness;

(b) 

acquired an appropriate licence in compliance with Annex III (Part-66), or a nationally recognised maintenance personnel qualification appropriate to the aircraft category (when Article 5(6) refers to national rules), or an aeronautical degree or equivalent;

(c) 

received formal aeronautical maintenance training;

(d) 

held a position with appropriate responsibilities.

Notwithstanding points (a) to (d), the requirement laid down in point (b)(1)(b) of point M.B.902 may be replaced with 5 years of experience in continuing airworthiness additional to those already required by point (b)(1)(a) of point M.B.902.

2. 

For aircraft not used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, and for aircraft of 2 730  kg MTOM and below, such staff shall have:

(a) 

at least 3 years of experience in continuing airworthiness;

(b) 

acquired an appropriate licence in compliance with Annex III (Part-66), or a nationally recognised maintenance personnel qualification appropriate to the aircraft category when Article 5(6) refers to national rules, or an aeronautical degree or equivalent;

(c) 

received appropriate aeronautical maintenance training;

(d) 

held a position with appropriate responsibilities.

Notwithstanding points (a) to (d), the requirement laid down in point (b)(2)(b) of point M.B.902 may be replaced by 4 years of experience in continuing airworthiness additional to those already required by point (b)(2)(a) of point M.B.902.

▼B

(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.

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M.B.904    Exchange of information

Upon receipt of a notification of aircraft transfer between the Member States according to point M.A.903, the competent authority of the Member State where the aircraft is currently registered shall inform the competent authority of the Member State where the aircraft will be registered of any known problems with the aircraft being transferred. The competent authority of the Member State where the aircraft will be registered shall ensure that the competent authority of the Member State where the aircraft is currently registered has been properly notified about the transfer.

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Appendix I

Continuing airworthiness management contract

1.

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

2.

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

3.

It shall contain as a minimum the following information:

— 
aircraft registration, type and serial number;
— 
aircraft owner's or registered lessee's name or company details including the address,
— 
details of the contracted CAMO or CAO, including the address, and
— 
the type of operation.

4.

It shall state the following:

‘The owner or operator entrusts the CAMO or CAO with the management of the continuing airworthiness of the aircraft, the development of an AMP that shall be approved by the competent authority as detailed in point M.1, and the organisation of the maintenance of the aircraft according to said AMP.

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

The owner or operator declares to the best of its knowledge that all the information given to the CAMO or CAO 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 CAMO or CAO.

In case of any non-conformity with this contract, by either of the signatories, the contract will become null. In such a case, the owner or operator will retain full responsibility for every task linked to the continuing airworthiness of the aircraft, and the owner will inform the competent authorities of the Member State of registry within 2 weeks about such non-conformity with the contract.’

5.

When an owner/operator contracts a CAMO or CAO in accordance with point M.A.201, the obligations of each party shall be assigned as follows:

5.1.

Obligations of the CAMO or CAO:

1. 

have the aircraft type included in its terms of approval;

2. 

respect the conditions listed below with regard to maintaining the continuing airworthiness of the aircraft:

(a) 

develop an AMP for the aircraft, including any reliability programme developed, if applicable;

(b) 

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

(c) 

organise the approval of the AMP;

(d) 

once it has been approved, provide the owner or operator with a copy of the AMP;

(e) 

organise a bridging inspection with the aircraft prior maintenance programme;

(f) 

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

(g) 

organise for all applicable ADs to be applied;

(h) 

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

(i) 

coordinate scheduled maintenance, the application of ADs, 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 to Regulation (EU) No 748/2012 (Part-21) before it is embodied;

4. 

organise the approval of any repair to the aircraft in accordance with Annex I to Regulation (EU) No 748/2012 (Part-21) 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 contract is not respected;

7. 

ensure that the airworthiness review of the aircraft is carried out when necessary, and ensure that the airworthiness review certificate is issued or a recommendation is sent 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 when the contract is denounced by either party.

5.2.

Obligations of the owner or operator:

1. 

have a general understanding of the approved AMP;

2. 

have a general understanding of this Annex;

3. 

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

4. 

not modify the aircraft without first consulting the CAMO or CAO;

5. 

inform the CAMO or CAO of all maintenance exceptionally carried out without the knowledge and control of the CAMO or CAO;

6. 

report all defects found during operations to the CAMO or CAO through the logbook;

7. 

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

8. 

inform the CAMO or CAO and competent authority of the Member State of registry whenever the aircraft is sold;

9. 

carry out all occurrence reporting mandated by applicable regulations;

10. 

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

11. 

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

12. 

inform the CAMO or CAO not later than 30 days after completion of any pilot-owner maintenance task in accordance with point (a) of point M.A.305.

6.

When an owner or operator contracts a CAMO or CAO in accordance with point M.A.201, the obligations of each party in respect of mandatory and voluntary occurrence reporting in accordance with Regulation (EU) No 376/2014 of the European Parliament and of the Council ( 9 ) shall be clearly specified.

▼B




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).

(1)   

Applicable standard means a manufacturing/design/maintenance/quality standard, method, technique or practice approved by or acceptable to the Competent Authority. The applicable standard shall be described in block 12.

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.

▼M6

(x) 

For maintenance organisations approved in accordance with Subpart F of Annex I (Part-M) or Annex Vd (Part-CAO), the component CRS statement referred to in point M.A.613 and CAO.A.070, as applicable:

‘Certifies that, unless otherwise specified in this block, the work identified in block 11 and described in this block was accomplished in accordance with the requirements of Section A, Subpart F of Annex I (Part-M) or Annex Vd (Part-CAO) 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.

▼B

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.

▼M6

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) or Annex Vd (Part-CAO) to Regulation (EU) No 1321/2014, the box ‘other regulation specified in block 12’ shall be ticked and the CRS statement be entered in block 12. In that case, the certification statement ‘unless otherwise specified in this block’ is intended to address the following cases:

(a) 

where maintenance could not be completed;

(b) 

where maintenance deviated from the standard required by Annex I (Part-M) or Annex Vd (Part-CAO);

(c) 

where maintenance was carried out in accordance with a requirement other than that specified in Annex I (Part-M) or Annex Vd (Part-CAO); 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 maintenance could not be completed;

(b) 

where maintenance deviated from the standard required by Annex II (Part-145);

(c) 

where 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.

▼B

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.’