COMMISSION REGULATION (EU) No 127/2010
of 5 February 2010
amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the functioning of the European Union, in particular Article 100(2) thereof,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), as amended by Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 (2) and in particular Article 5(5) thereof,
Whereas:
(1)
In order to maintain a high uniform level of aviation safety in Europe, it is necessary to introduce changes to requirements and procedures for the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, in particular to introduce the definition of the concept of principal place of business, to clarify the meaning of the concept ‘officially recognised standard’, to introduce the privilege for continuing airworthiness management organisations to issue permits to fly, to improve the content of the authorised release certificate ‘EASA Form 1’ and to ensure that personnel involved in continuing airworthiness activities are properly trained on the risks related to electrical wiring interconnection systems of large aeroplanes which were found to be a cause of several accidents and incidents.
(2)
Regulation (EC) No 2042/2003 (3) should therefore be amended accordingly.
(3)
The measures provided for in this Regulation are based on the opinions (4) issued by the European Aviation Safety Agency (hereinafter ‘the Agency’) in accordance with Articles 17(2)(b) and 19(1) of Regulation (EC) No 216/2008.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of the Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2042/2003 is amended as follows:
1.
in Article 2 the following point (m) is added:
‘(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.’;
2.
in Article 7 the following paragraph 7 is added:
‘7. By way of derogation from paragraph 1:
(a)
the provisions of point M.A.706(k) of Annex I (Part-M) shall apply as from 28 September 2010;
(b)
the provisions of point 7.7 of Appendix I to Annex III (Part-66) shall apply as from 28 September 2010;
(c)
maintenance organisations approved in accordance with Section A of subpart F of Annex I (Part-M) or Section A of Annex II (Part-145) may continue to issue Authorised Release Certificates by using the EASA Form 1 original issue, as laid down in Appendix II to the Annex I (Part-M) as well as Appendix I to the Annex II (Part 145), until 28 September 2010;
(d)
competent authorities may continue to issue certificates, previous issue, as laid down in Appendices III, V and VI to Annex I (Part-M), Appendix III to Annex II (Part-145), Appendix V to Annex III (Part-66) or Appendix II to Annex IV (Part-147) to Regulation (EC) No 2042/2003 in force prior to the entry into force of this regulation, until 28 September 2010;
(e)
certificates issued in accordance with Annex I (Part-M), Annex II (Part-145), Annex III (Part-66) or Annex IV (Part-147) prior to the entry into force of this regulation remain valid until they are changed or revoked.’;
3.
Annexes I, II, III and IV are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 February 2010.