THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency(1), (hereinafter referred to as the ‘basic Regulation’) and in particular Article 5 and 6 thereof,
Whereas:
The basic Regulation establishes common essential requirements to provide for a high uniform level of civil aviation safety and environmental protection; it requires the Commission to adopt the necessary implementation rules to ensure their uniform application; it establishes the European Aviation Safety Agency (hereinafter referred to as the ‘Agency’) to assist the Commission in the development of such implementing rules.
Existing aviation requirements in the field of maintenance as listed in Annex II to Council Regulation (EEC) No 3922/91(2) will be repealed as from 28 September 2003.
It is necessary to adopt common technical requirements and administrative procedures to ensure the continuing airworthiness of aeronautical products, parts and appliances subject to the basic Regulation.
Organisations and personnel involved in the maintenance of products, parts and appliances should be required to comply with certain technical requirements in order to demonstrate their capability and means of discharging their obligations and associated privileges; the Commission is required to adopt measures to specify conditions of issuing, maintaining, amending, suspending or revoking certificates attesting such compliance.
The need to ensure uniformity in the application of common technical requirements in the field of continuing airworthiness of aeronautical parts and appliances requires that common procedures be followed by competent authorities to assess compliance with these requirements; the Agency should develop certification specifications to facilitate the necessary regulatory uniformity.
It is necessary to provide sufficient time for the aeronautical industry and Member State administrations to adapt to the new regulatory framework; it is also necessary to recognise the continuing validity of certificates issued before entry into force of this Regulation, in accordance with Article 57 of the basic Regulation.
The measures provided by this Regulation are based on the opinion issued by the Agency(3) in accordance with Articles 12(2)(b) and 14(1) of the basic Regulation.
The measures provided by this Regulation are in accordance with the Opinion of the European Aviation Safety Agency Committee(4) established by Article 54(3) of the basic Regulation,
HAS ADOPTED THIS REGULATION:
This Regulation establishes common technical requirements and administrative procedures for ensuring the continuing airworthiness of aircraft, including any component for installation thereto, which are:
registered in a Member State; or
registered in a third country and used by an operator for which a Member State ensures oversight of operations.
Paragraph 1 shall not apply to aircraft the regulatory safety oversight of which has been transferred to a third country and which are not used by a Community operator, or to aircraft referred to in Annex II to the basic Regulation.
The provisions of this Regulation related to commercial air transport are applicable to licensed air carriers as defined by Community law.
Within the scope of the basic Regulation, the following definitions shall apply:
‘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;
‘certifying staff’ means personnel responsible for the release of an aircraft or a component after maintenance;
‘component’ means any engine, propeller, part or appliance;
‘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;
‘JAA’ means ‘Joint Aviation Authorities’;
‘JAR’ means ‘Joint Aviation Requirements’;
‘large aircraft’ means an aircraft, classified as an aeroplane with a maximum take-off mass of more than 5 700 kg, or a multi-engined helicopter;
‘maintenance’ means any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;
‘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;
‘pre-flight inspection’ means the inspection carried out before flight to ensure that the aircraft is fit for the intended flight;
‘ELA1 aircraft’ means the following European Light Aircraft:
an aeroplane, sailplane or powered sailplane with a Maximum Take-off Mass (MTOM) less than 1 000 kg that is not classified as complex motor-powered aircraft;
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;
an airship designed for not more than two occupants and a maximum design lifting gas or hot air volume of not more than 2 500 m3 for hot air airships and 1 000 m3 for gas airships;
‘LSA aircraft’ means a light sport aeroplane which has all of the following characteristics:
a Maximum Take-off Mass (MTOM) of not more than 600 kg;
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;
a maximum seating capacity of no more than two persons, including the pilot;
a single, non-turbine engine fitted with a propeller;
a non-pressurised cabin;
‘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.
The continuing airworthiness of aircraft and components shall be ensured in accordance with the provisions of Annex I.
Organisations and personnel involved in the continuing airworthiness of aircraft and components, including maintenance, shall comply with the provisions of Annex I and where appropriate those specified in Articles 4 and 5.
By derogation from paragraph 1, the continuing airworthiness of aircraft holding a permit to fly shall be ensured on the basis of the specific continuing airworthiness arrangements as defined in the permit to fly issued in accordance with the Annex (Part 21) to Commission Regulation (EC) No 1702/2003.
For aircraft not used in commercial air transport, any airworthiness review certificate or equivalent document issued in accordance with the Member State requirements and valid on 28 September 2008 shall be valid until its expiration date or until 28 September 2009, whichever comes first. After the expiration of its validity, the competent authority may further re-issue or extend one time the airworthiness review certificate or equivalent document for one year, if allowed by the Member State requirements. Upon further expiration, the competent authority may further re-issue or extend one more time the airworthiness review certificate or equivalent document for one year, if allowed by the Member State requirements. No further re-issuance or extension is allowed. If the provisions of this point have been used, when transferring the registration of the aircraft within the EU, a new airworthiness review certificate shall be issued in accordance with M.A.904.
Organisations involved in the maintenance of large aircraft or of aircraft used for commercial air transport, and components intended for fitment thereto, shall be approved in accordance with the provisions of Annex II.
Maintenance approvals issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid before the entry into force of this Regulation shall be deemed to have been issued in accordance with this Regulation. For this purpose, by derogation from the provisions of 145.B.50(2) under Annex II, level 2 findings associated with the differences between JAR 145 and Annex II may be closed within one year. Certificates of release to service and authorised release certificates issued by an organisation approved under JAA requirements during that one-year period shall be deemed to have been issued under this Regulation.
Personnel qualified to carry out and/or control a continued airworthiness non-destructive test of aircraft structures and/or components, on the basis of any standard recognised by a Member State prior to the entry into force of this Regulation as providing an equivalent level of qualification, may continue to carry out and/or control such tests.
Certificates of release to service and authorised release certificates issued before the date of entry into force of this Regulation by a maintenance organisation approved under the Member State requirements shall be deemed equivalent to those required under points M.A.801 and M.A.802 of Annex I (Part-M) respectively.