COMMISSION REGULATION (EU) No 1149/2011
of 21 October 2011
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), 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 the existing requirements and procedures on 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 in order to update the training, examination, knowledge and experience requirements for the issuance of aircraft maintenance licences and to adapt these requirements to the complexity of the different categories of aircraft.
(2)
Commission Regulation (EC) No 2042/2003 (2) should therefore be amended accordingly.
(3)
The measures provided for in this Regulation are based on the opinions (3) 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)
It is necessary to provide sufficient time for the personnel eligible to the new aircraft maintenance license category B3 introduced by this regulation, the training organisations and the maintenance organisations, as well as to the competent authorities of Member States, to adapt to the new regulatory framework.
(5)
Given the lower complexity of light aircraft, it may be appropriate to define a simple and proportionate system for the licensing of the personnel involved in the maintenance of such aircraft. The Agency should be allowed to continue working on this matter and the Member States to continue using the corresponding national licenses.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2042/2003 is amended as follows:
(1)
in Article 5, the following paragraphs are added:
‘3. Certifying staff holding a licence issued in accordance with Annex III (Part-66) in a given category/sub-category are deemed to have the privileges described in point 66.A.20(a) of this Annex corresponding to such a category/sub-category. The basic knowledge requirements corresponding to these new privileges shall be deemed as met for the purpose of extending such licence to a new category/sub-category.
4. Certifying staff holding a licence including aircraft which do not require an individual type rating may continue to exercise his/her privileges until the first renewal or change, where the licence shall be converted following the procedure described in point 66.B.125 of Annex III (Part-66) to the ratings defined in point 66.A.45 of this Annex.
5. Conversion reports and Examination credit reports complying with the requirements applicable before this Regulation applies shall be deemed to be in compliance with this Regulation.
6. Until such time as this Regulation specifies requirements for certifying staff:
(i)
for aircraft other than aeroplanes and helicopters;
(ii)
for components;
the requirements in force in the relevant Member State shall continue to apply, except for maintenance organisations located outside the European Union where the requirements shall be approved by the Agency.’;
(2)
in Article 6, the following paragraphs are added:
‘3. Basic training courses complying with the requirements applicable before this Regulation applies may be started until 1 year after date by which this Regulation applies. Basic knowledge examinations conducted as part of these courses may comply with the requirements applicable before this Regulation applies.
4. Basic knowledge examinations complying with the requirements applicable before this Regulation applies and conducted by the competent authority or conducted by a maintenance training organisation approved in accordance with Annex IV (Part-147) while not being part of a basic training course, may be conducted until 1 year after the date by which this Regulation applies.
5. Type training courses and type examinations complying with the requirements applicable before this Regulation applies shall be started and finished not later than 1 year after the date by which this Regulation applies.’;
(3)
Article 7 is modified as follows:
(i)
in paragraph 3, the following points (h) and (i) are added:
‘(h)
for the maintenance of piston-engine non-pressurised aeroplanes of 2 000 kg MTOM and below not involved in commercial air transport:
(i)
until 28 September 2012, the requirement for the competent authority to issue aircraft maintenance licences in accordance with Annex III (Part-66), as new or as converted pursuant to point 66.A.70 of this Annex;
(ii)
until 28 September 2014, the requirement to have certifying staff qualified in accordance with Annex III (Part-66) contained in the following provisions:
-
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);
(i)
for the maintenance of ELA1 aeroplanes not involved in commercial air transport, until 28 September 2015:
(i)
the requirement for the competent authority to issue aircraft maintenance licences in accordance with Annex III (Part-66), as new or as converted pursuant to point 66.A.70 of this Annex;
(ii)
the requirement to have certifying staff qualified in accordance with Annex III (Part-66) contained in the following provisions:
-
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).’;
(ii)
point 7(e) is deleted;
(iii)
the following paragraphs 8 and 9 are added:
‘8. For the purpose of time limits contained in points 66.A.25, 66.A.30 and Appendix III of Annex III (Part-66) related to basic knowledge examinations, basic experience, theoretical type training and examinations, practical training and assessment, type examinations and on the job training completed before this Regulation applies, the origin of time shall be the date by which this Regulation applies.
9. The Agency shall submit an opinion to the Commission including proposals for a simple and proportionate system for the licensing of certifying staff involved in the maintenance of ELA1 aeroplanes as well as aircraft other than aeroplanes and helicopters.’;
(4)
the following Article 8 is added:
‘Article 8
Agency measures
1. The Agency shall develop acceptable means of compliance (hereinafter called “AMC”) that competent authorities, organisations and personnel may use to demonstrate compliance with the provisions of the Annexes to this Regulation.
2. The AMC issued by the Agency shall neither introduce new requirements nor alleviate the requirements of the Annexes to this Regulation.
3. Without prejudice to Articles 54 and 55 of Regulation (EC) No 216/2008, when the acceptable means of compliance issued by the Agency are used, the related requirements of the Annexes to this Regulation shall be considered as met without further demonstration.’;
(5)
Annex I (Part-M), Annex II (Part-145), Annex III (Part-66) and Annex IV (Part-147) are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the first day following its publication in the Official Journal of the European Union.
This Regulation shall apply from the first day of the ninth month following its publication in the Official Journal of the European Union, except for point 3(i) of Article 1 that shall apply on the first day following its publication.
Certificates issued in accordance with Annex I (Part-M), Annex II (Part-145), Annex III (Part-66) or Annex IV (Part-147) before this Regulation applies shall remain valid until they are changed, suspended or revoked.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 October 2011.