COMMISSION REGULATION (EC) No 1056/2008
of 27 October 2008
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 COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, in particular Article 80(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), and in particular Article 5(5) thereof,
Whereas:
(1)
In accordance with Article 7(6) of Commission Regulation (EC) No 2042/2003 of 20 November 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 (2), the European Aviation Safety Agency (hereinafter the Agency) has made an evaluation of the implication of the provisions of Annex I (Part-M) to that Regulation.
(2)
The Agency has concluded that the current provisions of Annex I (Part-M) to Regulation (EC) No 2042/2003 are too stringent for aircraft not involved in commercial air transport, in particular for aircraft that are not classified as ‘complex motor-powered aircraft’.
(3)
Due to the expiration of the period during which Member States had the possibility to apply derogation for aircraft not involved in commercial air transport, as provided in Article 7(3)(a) of Regulation (EC) No 2042/2003, which most Member States have actually applied, the provisions of Annex I (Part-M) shall be fully applied in all Member States from 28 September 2008, unless changes are adopted in due time.
(4)
The Agency has advised making significant amendments to Regulation (EC) No 2042/2003, and in particular to Annex I (Part-M) thereof, in order to adapt the existing requirements to the complexity of the different categories of aircraft and the types of operations without impairing the level of safety.
(5)
In order to allow the competent authorities of the Member States and the interested parties to become sufficiently acquainted with the new requirements of Part M, and to adapt themselves thereto, Member States should be allowed to defer the application of Part M to aircraft not involved in commercial air transport for an additional period of one or two years, depending on the provisions concerned.
(6)
Regulation (EC) No 2042/2003 should therefore be amended accordingly.
(7)
The provisions of this Regulation take into account the Communication from the Commission of 11 January 2008, ‘An Agenda for sustainable Future in General and Business Aviation’ (3).
(8)
The measures provided for in this Regulation are based on the opinion issued by the Agency in accordance with Articles 17(2)(b) and 19(1) of Regulation (EC) No 216/2008.
(9)
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 points (k) and (l) are added:
‘(k)
“ELA1 aircraft” means the following European Light Aircraft:
(i)
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;
(ii)
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;
(iii)
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;
(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.’
2.
In Article 3, the following paragraph 4 is added:
‘4. 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.’
3.
In Article 4, the following point 4 is added:
‘4. 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.’
4.
In Article 5 paragraph 1 is replaced by the following:
‘1. Certifying staff shall be qualified in accordance with the provisions of Annex III, except as provided for in points M.A.606(h), M.A.607(b), M.A.801(d) and M.A.803 of Annex I and in point 145.A.30(j) of Annex II (Part 145) and Appendix IV to Annex II (Part 145).’
5.
Article 7 is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘2. By way of derogation from paragraph 1:
(a)
the provisions of Annex I, except for points M.A.201(h)(2) and M.A.708(c), shall apply from 28 September 2005;
(b)
point M.A.201(f) of Annex I shall apply to aircraft not involved in commercial air transport operated by third country carriers as from 28 September 2009.’
(b)
paragraph 3 is amended as follows:
(i)
point (a) is replaced by the following:
‘(a)
the provisions of Annex I to aircraft not involved in commercial air transport, until 28 September 2009;’
(ii)
the following point (g) is added:
‘(g)
for aircraft not involved in commercial air transport other than large aircraft, the need to comply with Annex III (Part 66) in the following provisions, until 28 September 2010:
-
M.A.606(g) and M.A.801(b)2 of Annex I (Part-M),
-
145.A.30(g) and (h) of Annex II (Part-145).’
6.
Annexes I and II are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 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, 27 October 2008.