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

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

THE EUROPEAN COMMISSION,

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

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

Whereas:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HAS ADOPTED THIS REGULATION:

Article 1

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

  1. Article 4 is replaced by the following:

    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(*) 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.

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

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

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

Article 2

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

  1. in Article 3, paragraph 5 is replaced by the following:

    ‘5.

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

  2. in Article 5, paragraph 1 is replaced by the following:

    ‘1.

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

  3. in Article 8, paragraph 7 is deleted;

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

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

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

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

Article 3

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

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

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

Done at Brussels, 26 March 2021.

For the Commission

The President

Ursula von der Leyen

ANNEX I

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

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

ANNEX II

ANNEX III

ANNEX IV

ANNEX V

ANNEX VI

ANNEX VII