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Commission Implementing Regulation (EU) 2023/989 of 22 May 2023 amending Regulation (EU) No 1321/2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, and correcting that Regulation

Commission Implementing Regulation (EU) 2023/989 of 22 May 2023 amending Regulation (EU) No 1321/2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, and correcting that Regulation

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) thereof,

Whereas:

  1. Commission Regulation (EU) No 1321/2014(2) lays down the requirements for the continuing airworthiness of aircraft, including the qualifications and licences of the personnel responsible for the release to service of products after maintenance.

  2. The term ‘complex motor-powered aircraft’ had been defined in Article 3, point (j), of Regulation (EC) No 216/2008 of the European Parliament and of the Council(3), and was repealed by Regulation (EU) 2018/1139. In accordance with Article 140(2), point (b), of Regulation (EU) 2018/1139, Regulation (EU) No 1321/2014 is to be adapted to Regulation (EU) 2018/1139 as regards the definition of that term.

  3. In order to enhance the efficiency of the maintenance licencing and training system, it is necessary to introduce changes to the requirements on maintenance licences and training organisations set out in Annex III (Part-66) and Annex IV (Part-147) to Regulation (EU) No 1321/2014.

  4. In particular, it is necessary to facilitate the type rating endorsement of aircraft on the maintenance licenses when there are no organisations approved in accordance with Annex IV to Regulation (EU) No 1321/2014 offering type training on that aircraft, maintaining the same level of safety and a level playing field. It is also necessary to update the basic training syllabus of the certifying staff involved in the aircraft maintenance, enhance the efficiency of the ‘on-the-job training’ required for the first type rating endorsement in the maintenance licence category and to introduce new training methods and teaching technologies and other improvements as part of the regular update of the rules in that Annex.

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

  6. The amendments are based on Opinion No 07/2022(4) of the European Union Aviation Safety Agency in accordance with Article 75(2), point (b), and Article 76(1) of Regulation (EU) 2018/1139.

  7. A sufficient transition period should be provided for maintenance training organisations and licencing authorities to ensure their compliance with the new rules and procedures introduced by this Regulation.

  8. Commission Implementing Regulation (EU) 2022/1360(5) amended Regulation (EU) No 1321/2014 to include references to data and information used for continuing airworthiness established in accordance with the new Annex Ib to Commission Regulation (EU) No 748/2012(6).

  9. Implementing Regulation (EU) 2022/1360 inadvertently deleted point (3) of point M.A.302(d) of Annex I (Part-M) to Regulation (EU) No 1321/2014 and points (3) to (9) of point ML.A.302(c) of Annex Vb (Part-ML) to that Regulation, which should have been retained. Implementing Regulation (EU) 2022/1360 also inadvertently added another point (e) to point M.A.502 of Annex I (Part-M) to Regulation (EU) No 1321/2014 instead of replacing it.

  10. Regulation (EU) No 1321/2014 should therefore be corrected accordingly.

  11. 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 2 is amended as follows:

    1. point (t) is replaced by the following:

      1. ‘management systems harmonisation’ means the coordinated process by which the management systems of two or more organisations interact and share information and methods to reach common or consistent safety and compliance monitoring objectives;’;

    2. the following point (u) is added:

      1. ‘complex motor-powered aircraft’ means:

        1. an aeroplane:

          • with a maximum certificated take-off mass exceeding 5 700 kg, or

          • certificated for a maximum passenger seating configuration of more than nineteen, or

          • certificated for operation with a minimum crew of at least two pilots, or

          • equipped with (a) turbojet engine(s) or more than one turboprop engine, or

        2. a helicopter certificated:

          • for a maximum take-off mass exceeding 3 175 kg, or

          • for a maximum passenger seating configuration of more than nine, or

          • for operation with a minimum crew of at least two pilots, or

        3. a tilt rotor aircraft;’;

  2. Article 6 is amended as follows:

    1. the title is replaced by the following:

      ‘Requirements applicable to training organisations and competent authorities issuing licenses’;

    2. the following paragraphs 4, 5 and 6 are added:

      ‘4.

      Any basic training course, or part thereof, that commenced before 12 June 2024 shall be finished, including any related examination, before 12 June 2026. The corresponding certificates of recognition shall also be issued before 12 June 2026.

      5.

      Certificates of recognition referred in paragraph 4 shall be issued in accordance with this Regulation in its version applicable before 12 June 2024.

      6.

      For the purpose of the issue or change of an aircraft maintenance licence in accordance with Annex III (Part-66) after 12 June 2024, the competent authority shall accept an applicant’s basic knowledge examination status corresponding to this Regulation in its version applicable before 12 June 2024, as meeting the requirements of this Regulation in its version applicable from 12 June 2024’;

  3. Annex III (Part-66) is amended in accordance with Annex I to this Regulation;

  4. Annex IV (Part-147) is amended in accordance with Annex II to this Regulation.

Article 2

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

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

  2. Annex Vb (Part-ML) is corrected in accordance with Annex IV to this Regulation.

Article 3

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

It shall apply from 12 June 2024.

However, Article 1(1) and Article 2 shall apply from 12 June 2023.

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

Done at Brussels, 22 May 2023.

For the Commission

The President

Ursula von der Leyen

ANNEX I

Appendix IV

Appendix VII

Appendix IX

ANNEX II

ANNEX III

ANNEX IV