2003R2042 — EN — 17.11.2011 — 006.001

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►B 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 (Text with EEA relevance) (OJ L 315 28.11.2003, p. 1)

Amended by:









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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

(Text with EEA relevance)







Article 1

Objective and scope

1. This Regulation establishes common technical requirements and administrative procedures for ensuring the continuing airworthiness of aircraft, including any component for installation thereto, which are:

(a) registered in a Member State; or

(b) registered in a third country and used by an operator for which a Member State ensures oversight of operations.

2. Paragraph 1 shall not apply to aircraft the regulatory safety oversight of which has been transferred to a third country and which are not used by a Community operator, or to aircraft referred to in Annex II to the basic Regulation.

3. The provisions of this Regulation related to commercial air transport are applicable to licensed air carriers as defined by Community law.

Article 2

Definitions

Within the scope of the basic Regulation, the following definitions shall apply:

(a) ‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth's surface;

(b) ‘certifying staff’ means personnel responsible for the release of an aircraft or a component after maintenance;

(c) ‘component’ means any engine, propeller, part or appliance;

(d) ‘continuing airworthiness’ means all of the processes ensuring that, at any time in its operating life, the aircraft complies with the airworthiness requirements in force and is in a condition for safe operation;

(e) ‘JAA’ means ‘Joint Aviation Authorities’;

(f) ‘JAR’ means ‘Joint Aviation Requirements’;

(g) ‘large aircraft’ means an aircraft, classified as an aeroplane with a maximum take-off mass of more than 5 700 kg, or a multi-engined helicopter;

(h) ‘maintenance’ means any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;

(i) ‘organisation’ means a natural person, a legal person or part of a legal person. Such an organisation may be established at more than one location whether or not within the territory of the Member States;

(j) ‘pre-flight inspection’ means the inspection carried out before flight to ensure that the aircraft is fit for the intended flight;

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(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;

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(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.

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Article 3

Continuing airworthiness requirements

1. The continuing airworthiness of aircraft and components shall be ensured in accordance with the provisions of Annex I.

2. Organisations and personnel involved in the continuing airworthiness of aircraft and components, including maintenance, shall comply with the provisions of Annex I and where appropriate those specified in Articles 4 and 5.

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3. By derogation from paragraph 1, the continuing airworthiness of aircraft holding a permit to fly shall be ensured on the basis of the specific continuing airworthiness arrangements as defined in the permit to fly issued in accordance with the Annex (Part 21) to Commission Regulation (EC) No 1702/2003.

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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.

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Article 4

Maintenance organisation approvals

1. Organisations involved in the maintenance of large aircraft or of aircraft used for commercial air transport, and components intended for fitment thereto, shall be approved in accordance with the provisions of Annex II.

2. Maintenance approvals issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid before the entry into force of this Regulation shall be deemed to have been issued in accordance with this Regulation. For this purpose, by derogation from the provisions of 145.B.50(2) under Annex II, level 2 findings associated with the differences between JAR 145 and Annex II may be closed within one year. Certificates of release to service and authorised release certificates issued by an organisation approved under JAA requirements during that one-year period shall be deemed to have been issued under this Regulation.

3. Personnel qualified to carry out and/or control a continued airworthiness non-destructive test of aircraft structures and/or components, on the basis of any standard recognised by a Member State prior to the entry into force of this Regulation as providing an equivalent level of qualification, may continue to carry out and/or control such tests.

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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.

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Article 5

Certifying staff

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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).

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2. Any aircraft maintenance licence and if any, the technical limitations associated with that licence, issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid at the time of entry into force of this Regulation, shall be deemed to have been issued in accordance with this Regulation.

Article 6

Training organisation requirements

1. Organisations involved in the training of personnel referred to in Article 5 shall be approved in accordance with Annex IV to be entitled:

(a) to conduct recognised basic training courses; and/or

(b) to conduct recognised type training courses; and

(c) to conduct examinations; and

(d) to issue training certificates.

2. Any maintenance training organisation approval issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid at the time of entry into force of this Regulation shall be deemed to have been issued in accordance with this Regulation. For this purpose, by derogation from the provisions of 147.B.130(b) under Annex IV, level 2 findings associated with the differences between JAR 147 and Annex IV may be closed within one year.

Article 7

Entry into force

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

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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.

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3. By way of derogation from paragraph 1 and 2, Member States may elect not to apply:

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(a) the provisions of Annex I to aircraft not involved in commercial air transport, until 28 September 2009;

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(b) the provisions of Annex I(I) to aircraft involved in commercial air transport, until 28 September 2008;

(c) the following provisions of Annex II, until 28 September 2006: — 145.A.30(e), human factors elements, — 145.A.30(g) as applicable to large aircraft with a maximum take-off mass of more than 5 700 kg, — 145.A.30(h)(1) as applicable to aircraft with a maximum take-off mass of more than 5 700 kg, — 145.A.30(j)(1), Appendix IV, — 145.A.30(j)(2), Appendix IV;

(d) the following provisions of Annex II, until 28 September 2008: — 145.A.30(g) as applicable to aircraft with a maximum take-off mass of 5 700 kg or below, — 145.A.30(h)(1) as applicable to aircraft with a maximum take-off mass of 5 700 kg or below, — 145.A.30(h)(2);

(e) the provisions of Annex III, as applicable to aircraft with a maximum take-off mass above 5 700 kg until 28 September 2005;

(f) the provisions of Annex III, as applicable to aircraft with a maximum take-off mass of 5 700 kg or below until 28 September 2006;

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(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 2011: — 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);

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(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).

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4. Member States may issue approvals with regard to Annex II and Annex IV of a limited duration until ►M1 28 September 2007 ◄ .

5. When a Member State makes use of the provisions of paragraphs 3 or 4 it shall notify the Commission and the Agency.

6. The Agency shall make an evaluation of the implication of the provisions of Annex I to this Regulation with a view to submitting an opinion to the Commission, including possible amendments to it, before 28 March 2005.

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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.

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









ANNEX I

(Part-M)

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CONTENTS M.1 SECTION A — TECHNICAL REQUIREMENTS SUBPART A — GENERAL M.A.101 Scope SUBPART B — ACCOUNTABILITY M.A.201 Responsibilities M.A.202 Occurrence reporting SUBPART C — CONTINUING AIRWORTHINESS M.A.301 Continuing airworthiness tasks M.A.302 Aircraft Maintenance Programme M.A.303 Airworthiness directives M.A.304 Data for modifications and repairs M.A.305 Aircraft continuing airworthiness record system M.A.306 Operator’s technical log system M.A.307 Transfer of aircraft continuing airworthiness records SUBPART D — MAINTENANCE STANDARDS M.A.401 Maintenance data M.A.402 Performance of maintenance M.A.403 Aircraft defects SUBPART E — COMPONENTS M.A.501 Installation M.A.502 Component maintenance M.A.503 Service life limited components M.A.504 Control of unserviceable components SUBPART F — MAINTENANCE ORGANISATION M.A.601 Scope M.A.602 Application M.A.603 Extent of approval M.A.604 Maintenance organisation manual M.A.605 Facilities M.A.606 Personnel requirements M.A.607 Certifying staff M.A.608 Components, equipment and tools M.A.609 Maintenance data M.A.610 Maintenance work orders M.A.611 Maintenance standards M.A.612 Aircraft certificate of release to service M.A.613 Component certificate of release to service M.A.614 Maintenance records M.A.615 Privileges of the organisation M.A.616 Organisational review M.A.617 Changes to the approved maintenance organisation M.A.618 Continued validity of approval M.A.619 Findings SUBPART G — CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION M.A.701 Scope M.A.702 Application M.A.703 Extent of approval M.A.704 Continuing airworthiness management exposition M.A.705 Facilities M.A.706 Personnel requirements M.A.707 Airworthiness review staff M.A.708 Continuing airworthiness management M.A.709 Documentation M.A.710 Airworthiness review M.A.711 Privileges of the organisation M.A.712 Quality system M.A.713 Changes to the approved continuing airworthiness organisation M.A.714 Record-keeping M.A.715 Continued validity of approval M.A.716 Findings SUBPART H — CERTIFICATE OF RELEASE TO SERVICE — CRS M.A.801 Aircraft certificate of release to service M.A.802 Component certificate of release to service M.A.803 Pilot-owner authorisation SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE M.A.901 Aircraft airworthiness review M.A.902 Validity of the airworthiness review certificate M.A.903 Transfer of aircraft registration within the EU M.A.904 Airworthiness review of aircraft imported into the EU M.A.905 Findings SECTION B — PROCEDURES FOR COMPETENT AUTHORITIES SUBPART A — GENERAL M.B.101 Scope M.B.102 Competent authority M.B.103 Acceptable means of compliance M.B.104 Record-keeping M.B.105 Mutual exchange of information SUBPART B — ACCOUNTABILITY M.B.201 Responsibilities SUBPART C — CONTINUING AIRWORTHINESS M.B.301 Maintenance programme M.B.302 Exemptions M.B.303 Aircraft continuing airworthiness monitoring M.B.304 Revocation, suspension and limitation SUBPART D — MAINTENANCE STANDARDS SUBPART E — COMPONENTS SUBPART F — MAINTENANCE ORGANISATION M.B.601 Application M.B.602 Initial Approval M.B.603 Issue of approval M.B.604 Continuing oversight M.B.605 Findings M.B.606 Changes M.B.607 Revocation, suspension and limitation of an approval SUBPART G — CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION M.B.701 Application M.B.702 Initial approval M.B.703 Issue of approval M.B.704 Continuing oversight M.B.705 Findings M.B.706 Changes M.B.707 Revocation, suspension and limitation of an approval SUBPART H — CERTIFICATE OF RELEASE TO SERVICE — CRS SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE M.B.901 Assessment of recommendations M.B.902 Airworthiness review by the competent authority M.B.903 Findings Appendix I — Continuing Airworthiness Arrangement Appendix II — Authorised Release Certificate — EASA Form 1 Appendix III — Airworthiness Review Certificate — EASA Form 15 Appendix IV — Class and Ratings System used for the Approval of Maintenance Organisations referred to in Annex I (Part-M) Subpart F and in Annex II (Part-145) Appendix V — Maintenance Organisation Approval referred to in Annex I (Part-M) Subpart F Appendix VI — Continuing Airworthiness Management Organisation Approval referred to in Annex I (Part-M) Subpart G Appendix VII — Complex Maintenance Tasks Appendix VIII — Limited Pilot Owner Maintenance

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M.1

For the purpose of this Part, the competent authority shall be:

1. for the oversight of the continuing airworthiness of individual aircraft and the issue of airworthiness review certificates the authority designated by the Member State of registry,

2. for the oversight of a maintenance organisation as specified in M.A. Subpart F, (i) the authority designated by the Member State where that organisation's principle place of business is located. (ii) the Agency if the organisation is located in a third country,

3. for the oversight of a continuing airworthiness management organisation as specified in M.A. Subpart G, (i) the authority designated by the Member State where that organisation's principle place of business is located if the approval is not included in an air operator's certificate. (ii) the authority designated by the Member State of the operator if the approval is included in an air operator's certificate. (iii) the Agency if the organisation is located in a third country,

4. for the approval of maintenance programmes, (i) the authority designated by the Member State of registry. (ii) in the case of commercial air transport, when the Member State of the operator is different from the State of registry, the authority agreed by the above two States prior to the approval of the maintenance programme. ▼M3 (iii) By derogation from paragraph 4(i), when the continuing airworthiness of an aircraft not used in commercial air transport is managed by a continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M) not subject to the oversight of the Member State of registry, and only if agreed with the Member State of registry prior to the approval of the maintenance programme: (a) the authority designated by the Member State responsible for the oversight of the continuing airworthiness management organisation, or (b) the Agency if the continuing airworthiness management organisation is located in a third country. ▼B

SECTION A

TECHNICAL REQUIREMENTS

SUBPART A

GENERAL

M.A.101 Scope

This Section establishes the measures to be taken to ensure that airworthiness is maintained, including maintenance. It also specifies the conditions to be met by the persons or organisations involved in such continuing airworthiness management.

SUBPART B

ACCOUNTABILITY

M.A.201 Responsibilities

(a) The owner is responsible for the continuing airworthiness of an aircraft and shall ensure that no flight takes place unless: 1. the aircraft is maintained in an airworthy condition, and; 2. any operational and emergency equipment fitted is correctly installed and serviceable or clearly identified as unserviceable, and; 3. the airworthiness certificate remains valid, and; 4. the maintenance of the aircraft is performed in accordance with the approved maintenance programme as specified in M.A.302.

(b) When the aircraft is leased, the responsibilities of the owner are transferred to the lessee if: 1. the lessee is stipulated on the registration document, or; 2. detailed in the leasing contract. When reference is made in this Part to the ‘owner’, the term owner covers the owner or the lessee, as applicable.

(c) Any person or organisation performing maintenance shall be responsible for the tasks performed.

(d) The pilot-in-command or, in the case of commercial air transport, the operator shall be responsible for the satisfactory accomplishment of the pre-flight inspection. This inspection must be carried out by the pilot or another qualified person but need not be carried out by an approved maintenance organisation or by Part-66 certifying staff.

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(e) In order to satisfy the responsibilities of paragraph (a), (i) the owner of an aircraft may contract the tasks associated with continuing airworthiness to a continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M). In this case, the continuing airworthiness management organisation assumes responsibility for the proper accomplishment of these tasks. (ii) An owner who decides to manage the continuing airworthiness of the aircraft under its own responsibility, without a contract in accordance with Appendix I, may nevertheless make a limited contract with a continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M), for the development of the maintenance programme and its approval in accordance with point M.A.302. In that case, the limited contract transfers the responsibility for the development and approval of the maintenance programme to the contracted continuing airworthiness management organisation.

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(f) In the case of large aircraft, in order to satisfy the responsibilities of paragraph (a) the owner of an aircraft shall ensure that the tasks associated with continuing airworthiness are performed by an approved continuing airworthiness management organisation. A written contract shall be made in accordance with Appendix I. In this case, the continuing airworthiness management organisation assumes responsibility for the proper accomplishment of these tasks.

(g) Maintenance of large aircraft, aircraft used for commercial air transport and components thereof shall be carried out by a Part-145 approved maintenance organisation.

(h) In the case of commercial air transport the operator is responsible for the continuing airworthiness of the aircraft it operates and shall: 1. be approved, as part of the air operator certificate issued by the competent authority, pursuant to M.A. Subpart G for the aircraft it operates; and 2. be approved in accordance with Part-145 or contract such an organisation; and 3. ensure that paragraph (a) is satisfied.

(i) ►M3 When an operator is requested by a Member State to hold a certificate for commercial operations, other than for commercial air transport, it shall: ◄ 1. be appropriately approved, pursuant to M.A. Subpart G, for the management of the continuing airworthiness of the aircraft it operates or contract such an organisation; and 2. be appropriately approved in accordance with M.A. Subpart F or Part-145, or contract such organisations; and 3. ensure that paragraph (a) is satisfied.

(j) The owner/operator is responsible for granting the competent authority access to the organisation/aircraft to determine continued compliance with this Part.

M.A.202 Occurrence reporting

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(a) Any person or organisation responsible in accordance with point M.A.201 shall report to the competent authority designated by the State of Registry, the organisation responsible for the type design or supplemental type design and, if applicable, the Member State of operator, any identified condition of an aircraft or component which endangers flight safety.

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(b) Reports shall be made in a manner established by the Agency and contain all pertinent information about the condition known to the person or organisation.

(c) Where the person or organisation maintaining the aircraft is contracted by an owner or an operator to carry out maintenance, the person or the organisation maintaining the aircraft shall also report to the owner, the operator or the continuing airworthiness management organisation any such condition affecting the owner's or the operator's aircraft or component.

(d) Reports shall be made as soon as practicable, but in any case within 72 hours of the person or organisation identifying the condition to which the report relates.

SUBPART C

CONTINUING AIRWORTHINESS

M.A.301 Continuing airworthiness tasks

The aircraft continuing airworthiness and the serviceability of both operational and emergency equipment shall be ensured by:

1. the accomplishment of pre-flight inspections;

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2. The rectification in accordance with the data specified in point M.A.304 and/or point M.A.401, as applicable, of any defect and damage affecting safe operation, taking into account, for all large aircraft or aircraft used for commercial air transport, the minimum equipment list and configuration deviation list as applicable to the aircraft type;

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3. the accomplishment of all maintenance, in accordance with the M.A.302 approved aircraft maintenance programme;

4. for all large aircraft or aircraft used for commercial air transport the analysis of the effectiveness of the M.A.302 approved maintenance programme;

5. the accomplishment of any applicable: (i) airworthiness directive, (ii) operational directive with a continuing airworthiness impact, (iii) continued airworthiness requirement established by the Agency, (iv) measures mandated by the competent authority in immediate reaction to a safety problem;

6. the accomplishment of modifications and repairs in accordance with M.A.304;

7. for non-mandatory modifications and/or inspections, for all large aircraft or aircraft used for commercial air transport the establishment of an embodiment policy;

8. maintenance check flights when necessary.

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M.A.302 Aircraft Maintenance Programme

(a) Maintenance of each aircraft shall be organised in accordance with an aircraft maintenance programme.

(b) The aircraft maintenance programme and any subsequent amendments shall be approved by the competent authority.

(c) When the continuing airworthiness of the aircraft is managed by a continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M), the aircraft maintenance programme and its amendments may be approved through an indirect approval procedure. (i) In that case, the indirect approval procedure shall be established by the continuing airworthiness management organisation as part of the Continuing Airworthiness Management Exposition and shall be approved by the competent authority responsible for that continuing airworthiness management organisation. (ii) The continuing airworthiness management organisation shall not use the indirect approval procedure when this organisation is not under the oversight of the Member State of Registry, unless an agreement exists in accordance with point M.1, paragraph 4(ii) or 4(iii), as applicable, transferring the responsibility for the approval of the aircraft maintenance programme to the competent authority responsible for the continuing airworthiness management organisation.

(d) The aircraft maintenance programme must establish compliance with: (i) instructions issued by the competent authority; (ii) instructions for continuing airworthiness issued by the holders of the type certificate, restricted type-certificate, supplemental type-certificate, major repair design approval, ETSO authorisation or any other relevant approval issued under Regulation (EC) No 1702/2003 and its Annex (Part-21); (iii) additional or alternative instructions proposed by the owner or the continuing airworthiness management organisation once approved in accordance with point M.A.302, except for intervals of safety related tasks referred in paragraph (e), which may be escalated, subject to sufficient reviews carried out in accordance with paragraph (g) and only when subject to direct approval in accordance with point M.A.302(b).

(e) The aircraft maintenance programme shall contain details, including frequency, of all maintenance to be carried out, including any specific tasks linked to the type and the specificity of operations.

(f) For large aircraft, when the maintenance programme is based on maintenance steering group logic or on condition monitoring, the aircraft maintenance programme shall include a reliability programme.

(g) The aircraft maintenance programme shall be subject to periodic reviews and amended accordingly when necessary. These reviews shall ensure that the programme continues to be valid in light of the operating experience and instructions from the competent authority whilst taking into account new and/or modified maintenance instructions promulgated by the type certificate and supplementary type certificate holders and any other organisation that publishes such data in accordance with Annex (Part-21) to Regulation (EC) No 1702/2003.

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M.A.303 Airworthiness directives

Any applicable airworthiness directive must be carried out within the requirements of that airworthiness directive, unless otherwise specified by the Agency.

M.A.304 Data for modifications and repairs

Damage shall be assessed and modifications and repairs carried out using data approved by the Agency or by an approved Part-21 design organisation, as appropriate.

M.A.305 Aircraft continuing airworthiness record system

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(a) At the completion of any maintenance, the certificate of release to service required by point M.A.801 or point 145.A.50 shall be entered in the aircraft continuing airworthiness records. Each entry shall be made as soon as practicable but in no case more than 30 days after the day of the maintenance action.

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(b) The aircraft continuing airworthiness records shall consist of: 1. an aircraft logbook, engine logbook(s) or engine module log cards, propeller logbook(s) and log cards for any service life limited component as appropriate, and, 2. when required in point M.A.306 for commercial air transport or by the Member State for commercial operations other than commercial air transport, the operator’s technical log.

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(c) The aircraft type and registration mark, the date, together with total flight time and/or flight cycles and/or landings, as appropriate, shall be entered in the aircraft logbooks.

(d) The aircraft continuing airworthiness records shall contain the current: 1. status of airworthiness directives and measures mandated by the competent authority in immediate reaction to a safety problem; 2. status of modifications and repairs; 3. status of compliance with maintenance programme; 4. status of service life limited components; 5. mass and balance report; 6. list of deferred maintenance.

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(e) In addition to the authorised release document, EASA Form 1 or equivalent, the following information relevant to any component installed (engine, propeller, engine module or service life-limited component) shall be entered in the appropriate engine or propeller logbook, engine module or service life limited component log card: 1. identification of the component; and 2. the type, serial number and registration, as appropriate, of the aircraft, engine, propeller, engine module or service life-limited component to which the particular component has been fitted, along with the reference to the installation and removal of the component; and 3. the date together with the component’s accumulated total flight time and/or flight cycles and/or landings and/or calendar time, as appropriate; and 4. the current paragraph (d) information applicable to the component.

▼B

(f) The person responsible for the management of continuing airworthiness tasks pursuant to M.A. Subpart B, shall control the records as detailed in this paragraph and present the records to the competent authority upon request.

(g) All entries made in the aircraft continuing airworthiness records shall be clear and accurate. When it is necessary to correct an entry, the correction shall be made in a manner that clearly shows the original entry.

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(h) An owner or operator shall ensure that a system has been established to keep the following records for the periods specified: 1. all detailed maintenance records in respect of the aircraft and any service life-limited component fitted thereto, until such time as the information contained therein is superseded by new information equivalent in scope and detail but not less than 36 months after the aircraft or component has been released to service; and 2. the total time in service (hours, calendar time, cycles and landings) of the aircraft and all service life-limited components, at least 12 months after the aircraft or component has been permanently withdrawn from service; and 3. the time in service (hours, calendar time, cycles and landings) as appropriate, since last scheduled maintenance of the component subjected to a service life limit, at least until the component scheduled maintenance has been superseded by another scheduled maintenance of equivalent work scope and detail; and 4. the current status of compliance with maintenance programme such that compliance with the approved aircraft maintenance programme can be established, at least until the aircraft or component scheduled maintenance has been superseded by other scheduled maintenance of equivalent work scope and detail; and 5. the current status of airworthiness directives applicable to the aircraft and components, at least 12 months after the aircraft or component has been permanently withdrawn from service; and 6. details of current modifications and repairs to the aircraft, engine(s), propeller(s) and any other component vital to flight safety, at least 12 months after they have been permanently withdrawn from service.

▼B

M.A.306 Operator's technical log system

(a) In the case of commercial air transport, in addition to the requirements of M.A.305, an operator shall use an aircraft technical log system containing the following information for each aircraft: 1. information about each flight, necessary to ensure continued flight safety, and; 2. the current aircraft certificate of release to service, and; 3. the current maintenance statement giving the aircraft maintenance status of what scheduled and out of phase maintenance is next due except that the competent authority may agree to the maintenance statement being kept elsewhere, and; 4. all outstanding deferred defects rectifications that affect the operation of the aircraft, and; 5. any necessary guidance instructions on maintenance support arrangements.

(b) The aircraft technical log system and any subsequent amendment shall be approved by the competent authority.

(c) An operator shall ensure that the aircraft technical log is retained for 36 months after the date of the last entry.

M.A.307 Transfer of aircraft continuing airworthiness records

(a) The owner or operator shall ensure when an aircraft is permanently transferred from one owner or operator to another that the M.A.305 continuing airworthiness records and, if applicable, M.A.306 operator's technical log are also transferred.

(b) The owner shall ensure, when he contracts the continuing airworthiness management tasks to a continuing airworthiness management organisation, that the M.A.305 continuing airworthiness records are transferred to the organisation.

(c) The time periods prescribed for the retention of records shall continue to apply to the new owner, operator or continuing airworthiness management organisation.

SUBPART D

MAINTENANCE STANDARDS

M.A.401 Maintenance data

(a) The person or organisation maintaining an aircraft shall have access to and use only applicable current maintenance data in the performance of maintenance including modifications and repairs.

(b) For the purposes of this Part, applicable maintenance data is: ▼M4 1. any applicable requirement, procedure, standard or information issued by the competent authority or the Agency, ▼B 2. any applicable airworthiness directive, 3. applicable instructions for continuing airworthiness, issued by type certificate holders, supplementary type certificate holders and any other organisation that publishes such data in accordance with Part 21. 4. any applicable data issued in accordance with 145.A.45(d).

(c) The person or organisation maintaining an aircraft shall ensure that all applicable maintenance data is current and readily available for use when required. The person or organisation shall establish a work card or worksheet system to be used and shall either transcribe accurately the maintenance data onto such work cards or worksheets or make precise reference to the particular maintenance task or tasks contained in such maintenance data.

M.A.402 Performance of maintenance

(a) All maintenance shall be performed by qualified personnel, following the methods, techniques, standards and instructions specified in the M.A.401 maintenance data. Furthermore, an independent inspection shall be carried out after any flight safety sensitive maintenance task unless otherwise specified by Part-145 or agreed by the competent authority.

(b) All maintenance shall be performed using the tools, equipment and material specified in the M.A.401 maintenance data unless otherwise specified by Part-145. Where necessary, tools and equipment shall be controlled and calibrated to an officially recognised standard.

(c) The area in which maintenance is carried out shall be well organised and clean in respect of dirt and contamination.

(d) All maintenance shall be performed within any environmental limitations specified in the M.A.401 maintenance data.

(e) In case of inclement weather or lengthy maintenance, proper facilities shall be used.

(f) After completion of all maintenance a general verification must be carried out to ensure the aircraft or component is clear of all tools, equipment and any other extraneous parts and material, and that all access panels removed have been refitted.

M.A.403 Aircraft defects

(a) Any aircraft defect that hazards seriously the flight safety shall be rectified before further flight.

(b) Only the authorised certifying staff, ►M3 according to points M.A.801(b)1, M.A.801(b)2, M.A.801(c), M.A.801(d) or Annex II (Part-145) ◄ can decide, using M.A.401 maintenance data, whether an aircraft defect hazards seriously the flight safety and therefore decide when and which rectification action shall be taken before further flight and which defect rectification can be deferred. However, this does not apply when: 1. the approved minimum equipment list as mandated by the competent authority is used by the pilot; or, 2. aircraft defects are defined as being acceptable by the competent authority.

(c) Any aircraft defect that would not hazard seriously the flight safety shall be rectified as soon as practicable, after the date the aircraft defect was first identified and within any limits specified in the maintenance data.

(d) Any defect not rectified before flight shall be recorded in the M.A.305 aircraft maintenance record system or M.A.306 operator's technical log system as applicable.

SUBPART E

COMPONENTS

M.A.501 Installation

(a) No component may be fitted unless it is in a satisfactory condition, has been appropriately released to service on an EASA Form 1 or equivalent and is marked in accordance with Part 21 Subpart Q, unless otherwise ►M3 specified in Annex (Part-21) to Regulation (EC) No 1702/2003, Annex II (Part-145) or Subpart F, Section A of Annex I to this Regulation ◄ .

(b) Prior to installation of a component on an aircraft the person or approved maintenance organisation shall ensure that the particular component is eligible to be fitted when different modification and/or airworthiness directive configurations may be applicable.

(c) Standard parts shall only be fitted to an aircraft or a component when the maintenance data specifies the particular standard part. Standard parts shall only be fitted when accompanied by evidence of conformity traceable to the applicable standard.

(d) Material being either raw material or consumable material shall only be used on an aircraft or a component when the aircraft or component manufacturer states so in relevant maintenance data or as specified in Part-145. Such material shall only be used when the material meets the required specification and has appropriate traceability. All material must be accompanied by documentation clearly relating to the particular material and containing a conformity to specification statement plus both the manufacturing and supplier source.

▼M3

M.A.502 Component maintenance

(a) The maintenance of components shall be performed by maintenance organisations appropriately approved in accordance with Section A, Subpart F of this Annex (Part M) or with Annex II (Part-145).

(b) By derogation from paragraph (a), maintenance of a component in accordance with aircraft maintenance data or, if agreed by the competent authority, in accordance with component maintenance data, may be performed by an A rated organisation approved in accordance with Section A, Subpart F of this Annex (Part M) or with Annex II (Part-145) as well as by certifying staff referred to in point M.A.801(b)2 only whilst such components are fitted to the aircraft. Nevertheless, such organisation or certifying staff may temporarily remove this component for maintenance, in order to improve access to the component, except when such removal generates the need for additional maintenance not eligible for the provisions of this paragraph. Component maintenance performed in accordance with this paragraph is not eligible for the issuance of an EASA Form 1 and shall be subject to the aircraft release requirements provided for in point M.A.801.

(c) By derogation from paragraph (a), maintenance of an engine/Auxiliary Power Unit (APU) component in accordance with engine/APU maintenance data or, if agreed by the competent authority, in accordance with component maintenance data, may be performed by a B rated organisation approved in accordance with Section A, Subpart F of this Annex (Part M) or with Annex II (Part-145) only whilst such components are fitted to the engine/APU. Nevertheless, such B rated organisation may temporarily remove this component for maintenance, in order to improve access to the component, except when such removal generates the need for additional maintenance not eligible for the provisions of this paragraph.

(d) By derogation from paragraph (a) and point M.A.801(b)2, maintenance of a component while installed or temporarily removed from an ELA1 aircraft not used in commercial air transport and performed in accordance with component maintenance data, may be performed by certifying staff referred to in point M.A.801(b)2, except for: 1. overhaul of components other than engines and propellers, and; 2. overhaul of engines and propellers for aircraft other than CS-VLA, CS-22 and LSA. Component maintenance performed in accordance with paragraph (d) is not eligible for the issuance of an EASA Form 1 and shall be subject to the aircraft release requirements provided for in point M.A.801.

▼M4

M.A.503 Service life limited components

(a) Installed service life limited components shall not exceed the approved service life limit as specified in the approved maintenance programme and airworthiness directives, except as provided for in point M.A.504(c).

(b) The approved service life is expressed in calendar time, flight hours, landings or cycles, as appropriate.

(c) At the end the approved service life, the component must be removed from the aircraft for maintenance, or for disposal in the case of components with a certified life limit.

▼B

M.A.504 Control of unserviceable components

(a) A component shall be considered unserviceable in any one of the following circumstances: 1. expiry of the service life limit as defined in the maintenance program; 2. non-compliance with the applicable airworthiness directives and other continued airworthiness requirement mandated by the Agency; 3. absence of the necessary information to determine the airworthiness status or eligibility for installation; 4. evidence of defects or malfunctions; 5. involvement in an incident or accident likely to affect its serviceability.

▼M3

(b) Unserviceable components shall be identified and stored in a secure location under the control of an approved maintenance organisation until a decision is made on the future status of such component. Nevertheless, for aircraft not used in commercial air transport other than large aircraft, the person or organisation that declared the component unserviceable may transfer its custody, after identifying it as unserviceable, to the aircraft owner provided that such transfer is reflected in the aircraft logbook or engine logbook or component logbook.

▼B

(c) Components which have reached their certified life limit or contain a non-repairable defect shall be classified as unsalvageable and shall not be permitted to re-enter the component supply system, unless certified life limits have been extended or a repair solution has been approved according to M.A.304.

(d) Any person or organisation accountable under Part-M shall, in the case of a paragraph (c) unsalvageable components: 1. retain such component in the paragraph (b) location, or; 2. arrange for the component to be mutilated in a manner that ensures that it is beyond economic salvage or repair before relinquishing responsibility for such component.

(e) Notwithstanding paragraph (d) a person or organisation accountable under Part-M may transfer responsibility of components classified as unsalvageable to an organisation for training or research without mutilation.

SUBPART F

MAINTENANCE ORGANISATION

▼M3

M.A.601 Scope

This Subpart establishes the requirements to be met by an organisation to qualify for the issue or continuation of an approval for the maintenance of aircraft and components not listed in point M.A.201(g).

▼M4

M.A.602 Application

An application for issue or change of a maintenance organisation approval shall be made on a form and in a manner established by the competent authority.

M.A.603 Extent of approval

(a) An organisation involved in activities subject to this Subpart shall not exercise its activities unless approved by the competent authority. Appendix V to Annex I (Part-M) provides the template certificate for this approval.

(b) The maintenance organisation's manual referred to in point M.A.604 shall specify the scope of work deemed to constitute approval. Appendix IV to Annex I (Part-M) defines all classes and ratings possible under Subpart F.

(c) An approved maintenance organisation may fabricate, in conformity with maintenance data, a restricted range of parts for the use in the course of undergoing work within its own facilities, as identified in the maintenance organisation manual.

▼B

M.A.604 Maintenance organisation manual

(a) The maintenance organisation shall provide a manual containing at least the following information: 1. a statement signed by the accountable manager to confirm that the organisation will continuously work in accordance with Part-M and the manual at all times, and; 2. the organisation's scope of work, and; 3. the title(s) and name(s) of person(s) referred to in M.A.606(b), and; 4. an organisation chart showing associated chains of responsibility between the person(s) referred to in M.A.606(b), and; ▼M3 5. a list of certifying staff with their scope of approval, and; 6. a list of locations where maintenance is carried out, together with a general descriptions of the facilities, and; ▼B 7. procedures specifying how the maintenance organisation ensures compliance with this Part, and; 8. the maintenance organisation manual amendment procedure(s).

(b) The maintenance organisation manual and its amendments shall be approved by the competent authority.

(c) Notwithstanding paragraph (b) minor amendments to the manual may be approved through a procedure (hereinafter called indirect approval).

M.A.605 Facilities

The organisation shall ensure that:

(a) Facilities are provided for all planned work, specialised workshops and bays are segregated as appropriate, to ensure protection from contamination and the environment.

(b) Office accommodation is provided for the management of all planned work including in particular, the completion of maintenance records.

(c) Secure storage facilities are provided for components, equipment, tools and material. Storage conditions shall ensure segregation of unserviceable components and material from all other components, material, equipment and tools. Storage conditions shall be in accordance with the manufacturers' instructions and access shall be restricted to authorised personnel.

M.A.606 Personnel requirements

(a) The organisation shall appoint an accountable manager, who has corporate authority for ensuring that all maintenance required by the customer can be financed and carried out to the standard required by this Part.

(b) A person or group of persons shall be nominated with the responsibility of ensuring that the organisation is always in compliance with this Subpart. Such person(s) shall be ultimately responsible to the accountable manager.

(c) All paragraph (b) persons shall be able to show relevant knowledge, background and appropriate experience related to aircraft and/or component maintenance.

(d) The organisation shall have appropriate staff for the normal expected contracted work. The use of temporarily sub-contracted staff is permitted in the case of higher than normally expected contracted work and only for personnel not issuing a certificate of release to service.

(e) The qualification of all personnel involved in maintenance shall be demonstrated and recorded.

(f) Personnel who carry out specialised tasks such as welding, non-destructive testing/inspection other than colour contrast shall be qualified in accordance with an officially recognised standard.

(g) The maintenance organisation shall have sufficient certifying staff to issue M.A.612 and M.A.613 certificates of release to service for aircraft and components. They shall comply with the requirements of Part-66.

▼M3

(h) By derogation from paragraph (g), the organisation may use certifying staff qualified in accordance with the following provisions when providing maintenance support to operators involved in commercial operations, subject to appropriate procedures to be approved as part of the organisation’s manual: 1. For a repetitive pre-flight airworthiness directive which specifically states that the flight crew may carry out such airworthiness directive, the organisation may issue a limited certifying staff authorisation to the aircraft commander on the basis of the flight crew licence held, provided that the organisation ensures that sufficient practical training has been carried out to ensure that such person can accomplish the airworthiness directive to the required standard; 2. In the case of aircraft operating away from a supported location the organisation may issue a limited certifying staff authorisation to the aircraft commander on the basis of the flight crew licence, provided that the organisation ensures that sufficient practical training has been carried out to ensure that such person can accomplish the task to the required standard.

▼M3

M.A.607 Certifying staff

(a) In addition to M.A.606(g), certifying staff can only exercise their privileges, if the organisation has ensured: 1. that certifying staff can demonstrate that they meet the requirements of point 66.A.20(b) of Annex III (Part 66), except when Annex III (Part 66) refers to Member State regulation, in which case they shall meet the requirement of such regulation, and; 2. that certifying staff have an adequate understanding of the relevant aircraft and/or aircraft component(s) to be maintained together with the associated organisation procedures.

(b) In the following unforeseen cases, where an aircraft is grounded at a location other than the main base where no appropriate certifying staff is available, the maintenance organisation contracted to provide maintenance support may issue a one-off certification authorisation: 1. to one of its employees holding type qualifications on aircraft of similar technology, construction and systems; or 2. to any person with not less than three years maintenance experience and holding a valid ICAO aircraft maintenance licence rated for the aircraft type requiring certification provided there is no organisation appropriately approved under this Part at that location and the contracted organisation obtains and holds on file evidence of the experience and the licence of that person. All such cases must be reported to the competent authority within seven days of the issuance of such certification authorisation. The approved maintenance organisation issuing the one-off certification authorisation shall ensure that any such maintenance that could affect flight safety is re-checked.

(c) The approved maintenance organisation shall record all details concerning certifying staff and maintain a current list of all certifying staff together with their scope of approval as part of the organisation’s manual pursuant to point M.A.604(a)5.

▼B

M.A.608 Components, equipment and tools

(a) The organisation shall: ▼M3 1. hold the equipment and tools specified in the maintenance data described in point M.A.609 or verified equivalents as listed in the maintenance organisation manual as necessary for day-to-day maintenance within the scope of the approval; and, ▼B 2. demonstrate that it has access to all other equipment and tools used only on an occasional basis.

(b) Tools and equipment shall be controlled and calibrated to an officially recognised standard. Records of such calibrations and the standard used shall be kept by the organisation.

(c) The organisation shall inspect, classify and appropriately segregate all incoming components.

M.A.609 Maintenance data

The approved maintenance organisation shall hold and use applicable current maintenance data specified in M.A.401 in the performance of maintenance including modifications and repairs. In the case of customer provided maintenance data, it is only necessary to have such data when the work is in progress.

▼M3

M.A.610 Maintenance work orders

Before the commencement of maintenance a written work order shall be agreed between the organisation and the organisation requesting maintenance to clearly establish the maintenance to be carried out.

▼B

M.A.611 Maintenance standards

All maintenance shall be carried out in accordance with the requirements of M.A. Subpart D.

M.A.612 Aircraft certificate of release to service

At the completion of all required aircraft maintenance in accordance with this Subpart an aircraft certificate of release to service shall be issued according to M.A.801.

M.A.613 Component certificate of release to service

▼M3

(a) At the completion of all required component maintenance in accordance with this Subpart a component certificate of release to service shall be issued in accordance with point M.A.802. EASA Form 1 shall be issued except for those components maintained in accordance with points M.A.502(b) and M.A.502(d) and components fabricated in accordance with point M.A.603(b).

▼B

(b) The component certificate release to service document, EASA Form 1 may be generated from a computer database.

M.A.614 Maintenance records

(a) The approved maintenance organisation shall record all details of work carried out. Records necessary to prove all requirements have been met for issuance of the certificate of release to service including the sub-contractor's release documents shall be retained.

(b) The approved maintenance organisation shall provide a copy of each certificate of release to service to the aircraft owner, together with a copy of any specific approved repair/modification data used for repairs/modifications carried out.

▼M4

(c) The approved maintenance organisation shall retain a copy of all maintenance records and any associated maintenance data for three years from the date the aircraft or aircraft component to which the work relates was released from the approved maintenance organisation. 1. The records under this paragraph shall be stored in a manner that ensures protection from damage, alteration and theft. 2. All computer hardware used to ensure backup shall be stored in a different location from that containing the working data in an environment that ensures they remain in good condition. 3. Where an approved maintenance organisation terminates its operation, all retained maintenance records covering the last three years shall be distributed to the last owner or customer of the respective aircraft or component or shall be stored as specified by the competent authority.

▼M3

M.A.615 Privileges of the organisation

The maintenance organisation approved in accordance with Section A, Subpart F of this Annex (Part M), may:

(a) maintain any aircraft and/or component for which it is approved at the locations specified in the approval certificate and the maintenance organisation manual;

(b) arrange for the performance of specialized services under the control of the maintenance organisation at another organisation appropriately qualified, subject to appropriate procedures being established as part of the Maintenance Organisation Manual approved by the competent authority directly;

(c) maintain any aircraft and/or component for which it is approved at any location subject to the need of such maintenance arising either from the unserviceability of the aircraft or from the necessity of supporting occasional maintenance, subject to the conditions specified in the Maintenance Organisation Manual;

(d) issue certificates of release to service on completion of maintenance, in accordance with point M.A.612 or point M.A.613.

▼B

M.A.616 Organisational review

To ensure that the approved maintenance organisation continues to meet the requirements of this Subpart, it shall organise, on a regular basis, organisational reviews.

M.A.617 Changes to the approved maintenance organisation

In order to enable the competent authority to determine continued compliance with this Part, the approved maintenance organisation shall notify it of any proposal to carry out any of the following changes, before such changes take place:

1. the name of the organisation;

2. the location of the organisation;

3. additional locations of the organisation;

4. the accountable manager;

5. any of the persons specified in paragraph M.A.606(b);

6. the facilities, equipment, tools, material, procedures, work scope and certifying staff that could affect the approval.

In the case of proposed changes in personnel not known to the management beforehand, these changes shall be notified at the earliest opportunity.

M.A.618 Continued validity of approval

(a) An approval shall be issued for an unlimited duration. It shall remain valid subject to: 1. the organisation remaining in compliance with this Part, in accordance with the provisions related to the handling of findings as specified under M.A.619, and; 2. the competent authority being granted access to the organisation to determine continued compliance with this Part, and; 3. the approval not being surrendered or revoked;

(b) Upon surrender or revocation, the approval certificate shall be returned to the competent authority.

M.A.619 Findings

(a) A level 1 finding is any significant non-compliance with Part-M requirements which lowers the safety standard and hazards seriously the flight safety.

(b) A level 2 finding is any non-compliance with the Part-M requirements which could lower the safety standard and possibly hazard the flight safety.

(c) After receipt of notification of findings according to M.B.605, the holder of the maintenance organisation approval shall define a corrective action plan and demonstrate corrective action to the satisfaction of the competent authority within a period agreed with this authority.

SUBPART G

CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION

M.A.701 Scope

This Subpart establishes the requirements to be met by an organisation to qualify for the issue or continuation of an approval for the management of aircraft continuing airworthiness.

▼M4

M.A.702 Application

An application for issue or change of a continuing airworthiness management organisation approval shall be made on a form and in a manner established by the competent authority.

▼B

M.A.703 Extent of approval

▼M3

(a) The approval is indicated on a certificate included in Appendix VI issued by the competent authority.

▼B

(b) Notwithstanding paragraph (a), for commercial air transport, the approval shall be part of the air operator certificate issued by the competent authority, for the aircraft operated.

▼M3

(c) The scope of work deemed to constitute the approval shall be specified in the continuing airworthiness management exposition in accordance with point M.A.704.

▼B

M.A.704 Continuing airworthiness management exposition

(a) The continuing airworthiness management organisation shall provide a continuing airworthiness management exposition containing the following information: 1. a statement signed by the accountable manager to confirm that the organisation will work in accordance with this Part and the exposition at all times, and; 2. the organisation's scope of work, and; ▼M3 3. the title(s) and name(s) of person(s) referred to in points M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i), and; ▼M4 4. an organisation chart showing associated chains of responsibility between all the person(s) referred to in points M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i), and; 5. a list of the airworthiness staff referred to in point M.A.707, specifying, where applicable, the staff authorised to issue permits to fly in accordance with point M.A.711(c), and; ▼B 6. a general description and location of the facilities, and; 7. procedures specifying how the continuing airworthiness management organisation ensures compliance with this Part, and; 8. the continuing airworthiness management exposition amendment procedures, and; ▼M3 9. the list of approved aircraft maintenance programmes, or, for aircraft not involved in commercial air transport, the list of ‘generic’ and ‘baseline’ maintenance programmes. ▼B

(b) The continuing airworthiness management exposition and its amendments shall be approved by the competent authority.

▼M3

(c) Notwithstanding paragraph (b), minor amendments to the exposition may be approved indirectly through an indirect approval procedure. The indirect approval procedure shall define the minor amendment eligible, be established by the continuing airworthiness management organisation as part of the exposition and be approved by the competent authority responsible for that continuing airworthiness management organisation.

▼B

M.A.705 Facilities

The continuing airworthiness management organisation shall provide suitable office accommodation at appropriate locations for the personnel specified in M.A.706.

M.A.706 Personnel requirements

(a) The organisation shall appoint an accountable manager, who has corporate authority for ensuring that all continuing airworthiness management activities can be financed and carried out in accordance with this Part.

(b) For commercial air transport the paragraph (a) accountable manager shall be the person who also has corporate authority for ensuring that all the operations of the operator can be financed and carried out to the standard required for the issue of an air operator's certificate.

(c) A person or group of persons shall be nominated with the responsibility of ensuring that the organisation is always in compliance with this Subpart. Such person(s) shall be ultimately responsible to the accountable manager.

(d) For commercial air transport, the accountable manager shall designate a nominated post holder. This person shall be responsible for the management and supervision of continuing airworthiness activities, pursuant to paragraph (c).

(e) The nominated post holder referred to in paragraph (d) shall not be employed by a Part-145 approved organisation under contract to the operator, unless specifically agreed by the competent authority.

(f) The organisation shall have sufficient appropriately qualified staff for the expected work.

(g) All paragraph (c) and (d) persons shall be able to show relevant knowledge, background and appropriate experience related to aircraft continuing airworthiness.

(h) The qualification of all personnel involved in continuing airworthiness management shall be recorded.

▼M3

(i) For organisations extending airworthiness review certificates in accordance with points M.A.711(a)4 and M.A.901(f), the organisation shall nominate persons authorised to do so, subject to approval by the competent authority.

(j) The organisation shall define and keep updated in the continuing airworthiness management exposition the title(s) and name(s) of person(s) referred to in points M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i).

▼M4

(k) For all large aircraft and for aircraft used for commercial air transport the organisation shall establish and control the competence of personnel involved in the continuing airworthiness management, airworthiness review and/or quality audits in accordance with a procedure and to a standard agreed by the competent authority.

▼B

M.A.707 Airworthiness review staff

▼M4

(a) To be approved to carry out airworthiness reviews and, if applicable, to issue permits to fly, an approved continuing airworthiness management organisation shall have appropriate airworthiness review staff to issue airworthiness review certificates or recommendations referred to in Section A of Subpart I and, if applicable, to issue a permit to fly in accordance with point M.A.711(c): 1. For all aircraft used in commercial air transport, and aircraft above 2 730 kg MTOM, except balloons, these staff shall have acquired: (a) at least five years’ experience in continuing airworthiness; and (b) an appropriate license in compliance with Annex III (Part-66) or an aeronautical degree or a national equivalent; and (c) formal aeronautical maintenance training; and (d) a position within the approved organisation with appropriate responsibilities. (e) Notwithstanding points (a) to (d), the requirement laid down in point M.A.707(a)1(b) may be replaced by five years of experience in continuing airworthiness additional to those already required by point M.A.707(a)1(a). 2. For aircraft not used in commercial air transport of 2 730 kg MTOM and below, and balloons, these staff shall have acquired: (a) at least three years’ experience in continuing airworthiness, and (b) an appropriate license in compliance with Annex III (Part-66) or an aeronautical degree or a national equivalent; and (c) appropriate aeronautical maintenance training; and (d) a position within the approved organisation with appropriate responsibilities; (e) Notwithstanding points (a) to (d), the requirement laid down in point M.A.707(a)2(b) may be replaced by four years of experience in continuing airworthiness additional to those already required by point M.A.707(a)2(a).

▼B

(b) Airworthiness review staff nominated by the approved continuing airworthiness organisation can only be issued an authorisation by the approved continuing airworthiness organisation when formally accepted by the competent authority after satisfactory completion of an airworthiness review under supervision.

(c) The organisation shall ensure that aircraft airworthiness review staff can demonstrate appropriate recent continuing airworthiness management experience.

(d) Airworthiness review staff shall be identified by listing each person in the continuing airworthiness management exposition together with their airworthiness review authorisation reference.

(e) The organisation shall maintain a record of all airworthiness review staff, which shall include details of any appropriate qualification held together with a summary of relevant continuing airworthiness management experience and training and a copy of the authorisation. This record shall be retained until two years after the airworthiness review staff have left the organisation.

M.A.708 Continuing airworthiness management

(a) All continuing airworthiness management shall be carried out according to the prescriptions of M.A Subpart C.

(b) For every aircraft managed, the approved continuing airworthiness management organisation shall: 1. develop and control a maintenance programme for the aircraft managed including any applicable reliability programme, ▼M3 2. Present the aircraft maintenance programme and its amendments to the competent authority for approval, unless covered by an indirect approval procedure in accordance with point M.A.302(c), and provide a copy of the programme to the owner of aircraft not involved in commercial air transport, ▼B 3. manage the approval of modification and repairs, 4. ensure that all maintenance is carried out in accordance with the approved maintenance programme and released in accordance with M.A. Subpart H, 5. ensure that all applicable airworthiness directives and operational directives with a continuing airworthiness impact, are applied, 6. ensure that all defects discovered during scheduled maintenance or reported are corrected by an appropriately approved maintenance organisation, 7. ensure that the aircraft is taken to an appropriately approved maintenance organisation whenever necessary, 8. coordinate scheduled maintenance, the application of airworthiness directives, the replacement of service life limited parts, and component inspection to ensure the work is carried out properly, 9. manage and archive all continuing airworthiness records and/or operator's technical log. 10. ensure that the mass and balance statement reflects the current status of the aircraft.

(c) In the case of commercial air transport, when the operator is not appropriately approved to Part-145, the operator shall establish a written maintenance contract between the operator and a Part-145 approved organisation or another operator, detailing the functions specified under M.A.301-2, M.A.301-3, M.A.301-5 and M.A.301-6, ensuring that all maintenance is ultimately carried out by a Part-145 approved maintenance organisation and defining the support of the quality functions of M.A.712(b). The aircraft base, scheduled line maintenance and engine maintenance contracts, together with all amendments, shall be approved by the competent authority. However, in the case of: 1. an aircraft requiring unscheduled line maintenance, the contract may be in the form of individual work orders addressed to the Part-145 maintenance organisation. 2. component maintenance, including engine maintenance, the contract as referred to in paragraph (c) may be in the form of individual work orders addressed to the Part-145 maintenance organisation.

▼M3

M.A.709 Documentation

(a) The approved continuing airworthiness management organisation shall hold and use applicable current maintenance data in accordance with point M.A.401 for the performance of continuing airworthiness tasks referred to in point M.A.708. This data may be provided by the owner or the operator, subject to an appropriate contract being established with such an owner or operator. In such case, the continuing airworthiness management organisation only needs to keep such data for the duration of the contract, except when required by point M.A.714.

(b) For aircraft not involved in commercial air transport, the approved continuing airworthiness management organisation may develop ‘baseline’ and/or ‘generic’ maintenance programmes in order to allow for the initial approval and/or the extension of the scope of an approval without having the contracts referred to in Appendix I to this Annex (Part M). These ‘baseline’ and/or ‘generic’ maintenance programmes however do not preclude the need to establish an adequate Aircraft Maintenance Programme in compliance with point M.A.302 in due time before exercising the privileges referred to in point M.A.711.

▼M4

M.A.710 Airworthiness review

(a) To satisfy the requirement for the airworthiness review of an aircraft referred to in point M.A.901, a full documented review of the aircraft records shall be carried out by the approved continuing airworthiness management organisation in order to be satisfied that: 1. airframe, engine and propeller flying hours and associated flight cycles have been properly recorded; and 2. the flight manual is applicable to the aircraft configuration and reflects the latest revision status; and 3. all the maintenance due on the aircraft according to the approved maintenance programme has been carried out; and 4. all known defects have been corrected or, when applicable, carried forward in a controlled manner; and 5. all applicable airworthiness directives have been applied and properly registered; and 6. all modifications and repairs applied to the aircraft have been registered and are approved according to the Annex (Part-21) of Regulation (EC) No 1702/2003; and 7. all service life limited components installed on the aircraft are properly identified, registered and have not exceeded their approved service life limit; and 8. all maintenance has been released in accordance with Annex I (Part-M); and 9. the current mass and balance statement reflects the configuration of the aircraft and is valid; and 10. the aircraft complies with the latest revision of its type design approved by the Agency; and 11. if required, the aircraft holds a noise certificate corresponding to the current configuration of the aircraft in compliance with Subpart I of the Annex (Part-21) of Regulation (EC) No 1702/2003.

(b) The airworthiness review staff of the approved continuing airworthiness management organisation shall carry out a physical survey of the aircraft. For this survey, airworthiness review staff not appropriately qualified to Annex III (Part-66) shall be assisted by such qualified personnel.

(c) Through the physical survey of the aircraft, the airworthiness review staff shall ensure that: 1. all required markings and placards are properly installed; and 2. the aircraft complies with its approved flight manual; and 3. the aircraft configuration complies with the approved documentation; and 4. no evident defect can be found that has not been addressed according to point M.A.403; and 5. no inconsistencies can be found between the aircraft and the paragraph (a) documented review of records.

(d) By derogation to point M.A.901(a), the airworthiness review can be anticipated by a maximum period of 90 days without loss of continuity of the airworthiness review pattern, to allow the physical review to take place during a maintenance check.

(e) The airworthiness review certificate (EASA Form 15b) or the recommendation for the issue of the airworthiness review certificate (EASA Form 15a) referred to in Appendix III to Annex I (Part-M) can only be issued: 1. by airworthiness review staff appropriately authorised in accordance with point M.A.707 on behalf of the approved continuing airworthiness management organisation or by certifying staff in cases provided for in point M.A.901(g); and 2. when satisfied that the airworthiness review has been completely carried out and that there is no non-compliance which is known to endanger flight safety.

(f) A copy of any airworthiness review certificate issued or extended for an aircraft shall be sent to the Member State of Registry of that aircraft within 10 days.

(g) Airworthiness review tasks shall not be sub-contracted.

(h) Should the outcome of the airworthiness review be inconclusive, the competent authority shall be informed as soon as practicable but in any case within 72 hours of the organisation identifying the condition to which the review relates.

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M.A.711 Privileges of the organisation

(a) A continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M) may: ▼M4 1. manage the continuing airworthiness of aircraft, except those involved in commercial air transport, as listed on the approval certificate; ▼M3 2. manage the continuing airworthiness of commercial air transport aircraft when listed both on its approval certificate and on its Air Operator Certificate (AOC); 3. arrange to carry out limited continuing airworthiness tasks with any contracted organisation, working under its quality system, as listed on the approval certificate; 4. extend, under the conditions of point M.A.901(f), an airworthiness review certificate that has been issued by the competent authority or by another continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M);

(b) An approved continuing airworthiness management organisation registered in one of the Member States may, additionally, be approved to carry out airworthiness reviews referred to in point M.A.710 and: 1. issue the related airworthiness review certificate and extend it in due time under the conditions of points M.A.901(c)2 or M.A.901(e)2; and, 2. issue a recommendation for the airworthiness review to the competent authority of the Member State of registry.

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(c) A continuing airworthiness management organisation whose approval includes the privileges referred to in point M.A.711(b) may additionally be approved to issue a permit to fly in accordance with Part 21A.711(d) of the Annex (Part-21) to Regulation (EC) No 1702/2003 for the particular aircraft for which the organisation is approved to issue the airworthiness review certificate, when the continuing airworthiness management organisation is attesting conformity with approved flight conditions, subject to an adequate approved procedure in the exposition referred to in point M.A.704.

▼B

M.A.712 Quality system

(a) To ensure that the approved continuing airworthiness management organisation continues to meet the requirements of this Subpart, it shall establish a quality system and designate a quality manager to monitor compliance with, and the adequacy of, procedures required to ensure airworthy aircraft. Compliance monitoring shall include a feedback system to the accountable manager to ensure corrective action as necessary.

(b) The quality system shall monitor M.A. Subpart G activities. It shall at least include the following functions: 1. monitoring that all M.A. Subpart G activities are being performed in accordance with the approved procedures, and; 2. monitoring that all contracted maintenance is carried out in accordance with the contract, and; 3. monitoring the continued compliance with the requirements of this Part.

(c) The records of these activities shall be stored for at least two years.

(d) Where the approved continuing airworthiness management organisation is approved in accordance with another Part, the quality system may be combined with that required by the other Part.

(e) In case of commercial air transport the M.A. Subpart G quality system shall be an integrated part of the operator's quality system.

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(f) In the case of a small organisation not managing the continuing airworthiness of aircraft used in commercial air transport, the quality system may be replaced by regular organisational reviews subject to the approval of the competent authority, except when the organisation issues airworthiness review certificates for aircraft above 2 730 kg MTOM other than balloons. In the case where there is no quality system, the organisation shall not contract continuing airworthiness management tasks to other parties.

▼B

M.A.713 Changes to the approved continuing airworthiness organisation

In order to enable the competent authority to determine continued compliance with this Part, the approved continuing airworthiness management organisation shall notify it of any proposal to carry out any of the following changes, before such changes take place:

1. the name of the organisation.

2. the location of the organisation.

3. additional locations of the organisation.

4. the accountable manager.

5. any of the persons specified in M.A.706(c).

6. the facilities, procedures, work scope and staff that could affect the approval.

In the case of proposed changes in personnel not known to the management beforehand, these changes shall be notified at the earliest opportunity.

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M.A.714 Record-keeping

(a) The continuing airworthiness management organisation shall record all details of work carried out. The records required by M.A.305 and if applicable M.A.306 shall be retained.

(b) If the continuing airworthiness management organisation has the privilege referred to in point M.A.711(b), it shall retain a copy of each airworthiness review certificate and recommendation issued or, as applicable, extended, together with all supporting documents. In addition, the organisation shall retain a copy of any airworthiness review certificate that it has extended under the privilege referred to in point M.A.711(a)4.

(c) If the continuing airworthiness management organisation has the privilege referred to in point M.A.711(c), it shall retain a copy of each permit to fly issued in accordance with the provisions of point 21A.729 of the Annex (Part-21) to Regulation (EC) No 1702/2003.

(d) The continuing airworthiness management organisation shall retain a copy of all records referred to in paragraphs (b) and (c) until two years after the aircraft has been permanently withdrawn from service.

(e) The records shall be stored in a manner that ensures protection from damage, alteration and theft.

(f) All computer hardware used to ensure backup shall be stored in a different location from that containing the working data in an environment that ensures they remain in good condition.

(g) Where continuing airworthiness management of an aircraft is transferred to another organisation or person, all retained records shall be transferred to the said organisation or person. The time periods prescribed for the retention of records shall continue to apply to the said organisation or person.

(h) Where a continuing airworthiness management organisation terminates its operation, all retained records shall be transferred to the owner of the aircraft.

▼B

M.A.715 Continued validity of approval

(a) An approval shall be issued for an unlimited duration. It shall remain valid subject to: 1. the organisation remaining in compliance with this Part, in accordance with the provisions related to the handling of findings as specified under M.B.705 and; 2. the competent authority being granted access to the organisation to determine continued compliance with this Part, and; 3. the approval not being surrendered or revoked.

(b) Upon surrender or revocation, the approval certificate shall be returned to the competent authority.

M.A.716 Findings

(a) A level 1 finding is any significant non-compliance with Part-M requirements which lowers the safety standard and hazards seriously the flight safety.

(b) A level 2 finding is any non-compliance with the Part-M requirements which could lower the safety standard and possibly hazard the flight safety.

(c) After receipt of notification of findings according to M.B.705, the holder of the continuing airworthiness management organisation approval shall define a corrective action plan and demonstrate corrective action to the satisfaction of the competent authority within a period agreed with this authority.

SUBPART H

CERTIFICATE OF RELEASE TO SERVICE — CRS

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M.A.801 Aircraft certificate of release to service

(a) Except for aircraft released to service by a maintenance organisation approved in accordance with Annex II (Part-145), the certificate of release to service shall be issued according to this Subpart;

(b) No aircraft can be released to service unless a certificate of release to service is issued at the completion of any maintenance, when satisfied that all maintenance required has been properly carried out, by: 1. appropriate certifying staff on behalf of the maintenance organisation approved in accordance with Section A, Subpart F of this Annex (Part M); or 2. certifying staff in compliance with the requirements laid down in Annex III (Part-66), except for complex maintenance tasks listed in Appendix VII to this Annex for which point 1 applies; or 3. by the Pilot-owner in compliance with point M.A.803;

(c) By derogation from point M.A.801(b)2 for ELA1 aircraft not used in commercial air transport, aircraft complex maintenance tasks listed in Appendix VII may be released by certifying staff referred to in point M.A.801(b)2;

(d) By derogation from point M.A.801(b), in the case of unforeseen situations, when an aircraft is grounded at a location where no approved maintenance organisation appropriately approved under this Annex or Annex II (Part-145) and no appropriate certifying staff are available, the owner may authorise any person, with not less than three years of appropriate maintenance experience and holding the proper qualifications, to maintain according to the standards set out in Subpart D of this Annex and release the aircraft. The owner shall in that case: 1. obtain and keep in the aircraft records details of all the work carried out and of the qualifications held by that person issuing the certification; and 2. ensure that any such maintenance is rechecked and released by an appropriately authorised person referred to in point M.A.801(b) or an organisation approved in accordance with Section A, Subpart F of this Annex (Part M), or with Annex II (Part-145) at the earliest opportunity but within a period not exceeding seven days; and 3. notify the organisation responsible for the continuing airworthiness management of the aircraft when contracted in accordance with point M.A.201(e), or the competent authority in the absence of such a contract, within seven days of the issuance of such certification authorisation;

(e) In the case of a release to service in accordance with point M.A.801(b)2 or point M.A.801(c), the certifying staff may be assisted in the execution of the maintenance tasks by one or more persons subject to his/her direct and continuous control;

(f) A certificate of release to service shall contain as a minimum: 1. basic details of the maintenance carried out; and 2. the date such maintenance was completed; and 3. the identity of the organisation and/or person issuing the release to service, including: (i) the approval reference of the maintenance organisation approved in accordance with Section A, Subpart F of this Annex (Part M) and the certifying staff issuing such a certificate; or (ii) in the case of point M.A.801(b)2 or M.A.801(c) certificate of release to service, the identity and if applicable licence number of the certifying staff issuing such a certificate; 4. the limitations to airworthiness or operations, if any.

(g) By derogation from paragraph (b) and notwithstanding the provisions of paragraph (h), when the maintenance prescribed cannot be completed, a certificate of release to service may be issued within the approved aircraft limitations. Such fact together with any applicable limitations of the airworthiness or the operations shall be entered in the aircraft certificate of release to service before its issue as part of the information required in paragraph (f)4;

(h) A certificate of release to service shall not be issued in the case of any known non-compliance which endangers flight safety.

M.A.802 Component certificate of release to service

(a) A certificate of release to service shall be issued at the completion of any maintenance carried out on an aircraft component in accordance with point M.A.502.

(b) The authorised release certificate identified as EASA Form 1 constitutes the component certificate of release to service, except when such maintenance on aircraft components has been performed in accordance with point M.A.502(b) or point M.A.502(d), in which case the maintenance is subject to aircraft release procedures in accordance with point M.A.801.

M.A.803 Pilot-owner authorisation

(a) To qualify as a Pilot-owner, the person must: 1. hold a valid pilot licence (or equivalent) issued or validated by a Member State for the aircraft type or class rating; and 2. own the aircraft, either as sole or joint owner; that owner must be: (i) one of the natural persons on the registration form; or (ii) a member of a non-profit recreational legal entity, where the legal entity is specified on the registration document as owner or operator, and that member is directly involved in the decision making process of the legal entity and designated by that legal entity to carry out Pilot-owner maintenance.

(b) For any privately operated non-complex motor-powered aircraft of 2 730 kg MTOM and below, sailplane, powered sailplane or balloon, the Pilot-owner may issue a certificate of release to service after limited Pilot-owner maintenance as specified in Appendix VIII.

(c) The scope of the limited Pilot-owner maintenance shall be specified in the aircraft maintenance programme referred to in point M.A.302.

(d) The certificate of release to service shall be entered in the logbooks and contain basic details of the maintenance carried out, the maintenance data used, the date on which that maintenance was completed and the identity, the signature and pilot licence number of the Pilot-owner issuing such a certificate.

▼B

SUBPART I

AIRWORTHINESS REVIEW CERTIFICATE

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M.A.901 Aircraft airworthiness review

To ensure the validity of the aircraft airworthiness certificate an airworthiness review of the aircraft and its continuing airworthiness records shall be carried out periodically.

(a) An airworthiness review certificate is issued in accordance with Appendix III (EASA Form 15a or 15b) on completion of a satisfactory airworthiness review. The airworthiness review certificate is valid one year;

(b) An aircraft in a controlled environment is an aircraft (i) continuously managed during the previous 12 months by a unique continuing airworthiness management organisation approved in accordance with Section A, Subpart G, of this Annex (Part M), and (ii) which has been maintained for the previous 12 months by maintenance organisations approved in accordance with Section A, Subpart F of this Annex (Part M), or with Annex II (Part 145). This includes maintenance tasks referred to in point M.A.803(b) carried out and released to service in accordance with point M.A.801(b)2 or point M.A.801(b)3;

(c) For all aircraft used in commercial air transport, and aircraft above 2 730 kg MTOM, except balloons, that are in a controlled environment, the organisation referred to in (b) managing the continuing airworthiness of the aircraft may, if appropriately approved, and subject to compliance with paragraph (k): 1. issue an airworthiness review certificate in accordance with point M.A.710, and; 2. for the airworthiness review certificates it has issued, when the aircraft has remained within a controlled environment, extend twice the validity of the airworthiness review certificate for a period of one year each time;

(d) For all aircraft used in commercial air transport and aircraft above 2 730 kg MTOM, except balloons, that (i) are not in a controlled environment, or (ii) which continuing airworthiness is managed by a continuing airworthiness management organisation that does not hold the privilege to carry out airworthiness reviews, the airworthiness review certificate shall be issued by the competent authority upon satisfactory assessment based on a recommendation made by a continuing airworthiness management organisation appropriately approved in accordance with Section A, Subpart G of this Annex (Part M) sent together with the application from the owner or operator. This recommendation shall be based on an airworthiness review carried out in accordance with point M.A.710;

(e) For aircraft not used in commercial air transport of 2 730 kg MTOM and below, and balloons, any continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M) and appointed by the owner or operator may, if appropriately approved and subject to paragraph (k): 1. issue the airworthiness review certificate in accordance with point M.A.710, and; 2. for airworthiness review certificates it has issued, when the aircraft has remained within a controlled environment under its management, extend twice the validity of the airworthiness review certificate for a period of one year each time;

(f) By derogation from points M.A.901(c)2 and M.A.901(e)2, for aircraft that are in a controlled environment, the organisation referred to in (b) managing the continuing airworthiness of the aircraft, subject to compliance with paragraph (k), may extend twice for a period of one year each time the validity of an airworthiness review certificate that has been issued by the competent authority or by another continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M);

(g) By derogation from points M.A.901(e) and M.A.901(i)2, for ELA1 aircraft not used in commercial air transport and not affected by point M.A.201(i), the airworthiness review certificate may also be issued by the competent authority upon satisfactory assessment, based on a recommendation made by certifying staff formally approved by the competent authority and complying with provisions of Annex III (Part-66) as well as requirements laid down in point M.A.707(a)2(a), sent together with the application from the owner or operator. This recommendation shall be based on an airworthiness review carried out in accordance with point M.A.710 and shall not be issued for more than two consecutive years;

(h) Whenever circumstances reveal the existence of a potential safety threat, the competent authority shall carry out the airworthiness review and issue the airworthiness review certificate itself;

(i) In addition to paragraph (h), the competent authority may also carry out the airworthiness review and issue the airworthiness review certificate itself in the following cases: ▼M4 1. when the aircraft is managed by a continuing airworthiness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M) located in a third country; ▼M3 2. for all balloons and any other aircraft of 2 730 kg MTOM and below, if it is requested by the owner;

(j) When the competent authority carries out the airworthiness review and/or issues the airworthiness review certificate itself, the owner or operator shall provide the competent authority with: 1. the documentation required by the competent authority; and 2. suitable accommodation at the appropriate location for its personnel; and 3. when necessary, the support of personnel appropriately qualified in accordance with Annex III (Part-66) or equivalent personnel requirements laid down in point 145.A.30(j)(1) and (2) of Annex II (Part 145);

(k) An airworthiness review certificate cannot be issued nor extended if there is evidence or reason to believe that the aircraft is not airworthy.

▼B

M.A.902 Validity of the airworthiness review certificate

(a) An airworthiness review certificate becomes invalid if: 1. suspended or revoked; or 2. the airworthiness certificate is suspended or revoked; or 3. the aircraft is not on the aircraft register of a Member State; or 4. the type certificate under which the airworthiness certificate was issued is suspended or revoked.

(b) An aircraft must not fly if the airworthiness certificate is invalid or if: 1. the continuing airworthiness of the aircraft or any component fitted to the aircraft does not meet the requirements of this Part, or; 2. the aircraft does not remain in conformity with the type design approved by the Agency; or 3. the aircraft has been operated beyond the limitations of the approved flight manual or the airworthiness certificate, without appropriate action being taken; or 4. the aircraft has been involved in an accident or incident that affects the airworthiness of the aircraft, without subsequent appropriate action to restore airworthiness; or 5. a modification or repair has not been approved in accordance with Part-21.

(c) Upon surrender or revocation, the airworthiness review certificate shall be returned to the competent authority

M.A.903 Transfer of aircraft registration within the EU

(a) When transferring an aircraft registration within the EU, the applicant shall: 1. inform the former Member State in which Member State it will be registered, then; 2. apply to the new Member State for the issuance of a new airworthiness certificate in accordance with Part 21.

(b) Notwithstanding M.A.902(a)(3), the former airworthiness review certificate shall remain valid until its expiry date.

M.A.904 Airworthiness review of aircraft imported into the EU

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(a) When importing an aircraft onto a Member State register from a third country, the applicant shall: 1. apply to the Member State of registry for the issuance of a new airworthiness certificate in accordance with the Annex (Part-21) to Regulation (EC) No 1702/2003; and 2. for aircraft other than new, have a airworthiness review carried out satisfactorily in accordance with point M.A.901; and 3. have all maintenance carried out to comply with the approved maintenance programme in accordance with point M.A.302.

(b) When satisfied that the aircraft is in compliance with the relevant requirements, the continuing airworthiness management organisation, if applicable, shall send a documented recommendation for the issuance of an airworthiness review certificate to the Member State of registry.

▼B

(c) The owner shall allow access to the aircraft