02014R1321 — EN — 20.03.2017 — 003.001

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►B COMMISSION REGULATION (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (Recast) (Text with EEA relevance) (OJ L 362 17.12.2014, p. 1)

Amended by:









▼B

COMMISSION REGULATION (EU) No 1321/2014

of 26 November 2014

on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks

(Recast)

(Text with EEA relevance)







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Article 1

Subject-matter and scope

This Regulation establishes common technical requirements and administrative procedures to ensure:

(a) the continuing airworthiness of aircraft, including any component for installation thereto, which are:

(i) registered in a Member State, unless their regulatory safety oversight has been delegated to a third country and they are not used by an EU operator; or

(ii) registered in a third country and used by an EU operator, where their regulatory safety oversight has been delegated to a Member State;

(b) compliance with the essential requirements set out in Regulation (EC) No 216/2008 for continuing airworthiness of aircraft registered in a third country and components for installation thereon for which their regulatory safety oversight has not been delegated to a Member State that are dry leased-in by a licence air carrier in accordance with Regulation (EC) No 1008/2008 of the European Parliament and the Council ( 1 ).

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Article 2

Definitions

Within the scope of Regulation (EC) No 216/2008, 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’;

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(g) ‘commercial air transport (CAT) operation’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration;

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(h) ‘maintenance’ means any one or combination of the following activities: 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;

(k) ‘ELA1 aircraft’ means the following manned European light aircraft:

(i) an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft;

(ii) a sailplane or powered sailplane of 1 200 kg MTOM or less;

(iii) 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;

(iv) an airship designed for not more than four occupants and a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air airships and 1 000 m3 for gas airships;

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(ka) ‘ELA2 aircraft’ means the following manned European Light Aircraft:

(i) an aeroplane with a Maximum Take-off Mass (MTOM) of 2 000 kg or less that is not classified as complex motor-powered aircraft;

(ii) a sailplane or powered sailplane of 2 000 kg MTOM or less;

(iii) a balloon;

(iv) a hot air ship;

(v) a gas airship complying with all of the following characteristics:

— 3 % maximum static heaviness,

— non-vectored thrust (except reverse thrust),

— conventional and simple design of structure, control system and ballonet system, and

— non-power assisted controls;

(vi) a Very Light Rotorcraft;

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(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;

(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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(n) ‘critical maintenance task’ means a maintenance task that involves the assembly or any disturbance of a system or any part on an aircraft, engine or propeller that, if an error occurred during its performance, could directly endanger the flight safety;

(o) ‘commercial specialised operations’ means those operations subject to the requirements of Part-ORO, Subpart-SPO set out in Annex III to Commission Regulation (EU) No 965/2012 ( 2 );

(p) ‘limited operations’ means the operations of other-than-complex motor-powered aircraft for:

(i) cost-shared flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six;

(ii) competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority;

(iii) introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and approved in accordance with Commission Regulation (EU) No 1178/2011 ( 3 ), or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation;

For the purpose of this Regulation, ‘limited operations’ are not considered as CAT operations or commercial specialised operations;

(q) ‘introductory flight’ means ‘introductory flight’ as defined in Article 2(9) of Regulation (EU) No 965/2012;

(r) ‘competition flight’ means ‘competition flight’ as defined in Article 2(10) of Regulation (EU) No 965/2012;

(s) ‘flying display’ means ‘flying display’ as defined in Article 2(11) of Regulation (EU) No 965/2012.

▼B

Article 3

Continuing airworthiness requirements

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1. The continuing airworthiness of aircraft referred to in Article 1(a) and components for installation thereon shall be ensured in accordance with the provisions of Annex I.

2. Organisations and personnel involved in the continuing airworthiness of aircraft referred to in Article 1(a) and components for installation thereon, including maintenance, shall comply with Annex I and where appropriate the provisions specified in Articles 4 and 5.

3. By way of derogation from paragraph 1, the continuing airworthiness of aircraft referred to in Article 1(a) 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 Annex I (Part-21) to Commission Regulation (EU) No 748/2012.

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4. Maintenance programmes approved in accordance with the requirements applicable before 27 July 2015 shall be deemed to have been approved in accordance with the requirements set out in this Regulation.

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5. The continuing airworthiness of aircraft referred to in Article 1(b) and components for installation thereon shall be ensured in accordance with the provisions of Annex Va.

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Article 4

Maintenance organisation approvals

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1. Maintenance organisation approvals shall be issued in accordance with the provisions of Annex I, Subpart F, or Annex II.

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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 Regulation (EC) No 2042/2003 shall be deemed to have been issued in accordance with 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 Regulation (EC) No 2042/2003 as providing an equivalent level of qualification, may continue to carry out and/or control such tests.

4. Certificates of release to service and authorised release certificates issued before the date of entry into force of Regulation (EC) No 1056/2008 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.

Article 5

Certifying staff

1. Certifying staff shall be qualified in accordance with the provisions of Annex III (Part-66), 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 (Part-M) and in point 145.A.30(j) and Appendix IV to Annex II (Part-145).

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 Regulation (EC) No 2042/2003, shall be deemed to have been issued in accordance with this Regulation.

3. Certifying staff holding a licence issued in accordance with Annex III (Part-66) in a given category/sub-category are deemed to have the privileges described in point 66.A.20(a) of the same Annex corresponding to such a category/sub-category. The basic knowledge requirements corresponding to these new privileges shall be deemed as met for the purpose of extending such licence to a new category/sub-category.

4. Certifying staff holding a licence including aircraft which do not require an individual type rating may continue to exercise his/her privileges until the first renewal or change, where the licence shall be converted following the procedure described in point 66.B.125 of Annex III (Part-66) to the ratings defined in point 66.A.45 of the same Annex.

5. Conversion reports and Examination credit reports complying with the requirements applicable before Regulation (EU) No 1149/2011 applied shall be deemed to be in compliance with this Regulation.

6. Until such time as this Regulation specifies requirements for certifying staff:

(i) for aircraft other than aeroplanes and helicopters;

(ii) for components;

the requirements in force in the relevant Member State shall continue to apply, except for maintenance organisations located outside the European Union where the requirements shall be approved by the Agency.

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 (Part-147) 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 Regulation (EC) No 2042/2003 shall be deemed to have been issued in accordance with this Regulation.

3. Type training courses approved before the approval of the minimum syllabus of certifying staff type rating training in the operational suitability data for the relevant type in accordance with Regulation (EU) No 748/2012 shall include the relevant elements defined in the mandatory part of that operational suitability data not later than 18 December 2017 or within two years after the operational suitability data was approved, whichever is the latest.

Article 7

Regulation (EC) No 2042/2003 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VI.

Article 8

Entry into force

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

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

(a) for the maintenance of piston-engine non-pressurised aeroplanes of 2 000 kg MTOM and below not involved in commercial air transport,

until 28 September 2014, the requirement to have certifying staff qualified in accordance with Annex III (Part-66) contained in the following provisions:

— points M.A.606(g) and M.A.801(b)2 of Annex I (Part-M),

— points 145.A.30(g) and (h) of Annex II (Part-145);

(b) for the maintenance of ELA1 aeroplanes not involved in commercial air transport, until ►M1 28 September 2016 ◄ :

(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 the same Annex;

(ii) the requirement to have certifying staff qualified in accordance with Annex III (Part-66) contained in the following provisions:

— points M.A.606(g) and M.A.801(b)2 of Annex I (Part-M),

— points 145.A.30(g) and (h) of Annex II (Part-145);

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(c) for aircraft registered in a third country and dry leased-in by air carriers licenced in accordance with Regulation (EC) No 1008/2008, until 25 August 2017, the requirements of Annex Va.

2a. By way of derogation from paragraph 1, the requirements for aircraft used for commercial specialised operations and CAT other than those by air carriers licenced in accordance with Regulation (EC) No 1008/2008, set out in Regulation (EU) No 965/2012, as amended by Regulation (EU) No 379/2014 ( 4 ), shall apply from 21 April 2017.

Until that time:

— The provisions of Annex I, point M.A.201(f) shall apply to complex motor-powered aircraft used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;

— The provisions of Annex I, point M.A.201(h) shall apply to other than complex motor-powered aircraft, used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;

— The provisions of Annex I, point M.A.306(a) shall apply to aircraft used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and aircraft used by operators requested by a Member State to hold a certificate for commercial operations;

— The provisions of Annex I, point M.A.801(c) shall apply to ELA1 not used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and not used by commercial ATOs;

— The provisions of Annex I, point M.A.803(b) shall apply to non-complex motor-powered aircraft of 2 730 kg MTOM and below, sailplane, powered sailplane or balloon, not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs;

— The provisions of Annex I, point M.A.901(g) shall apply to ELA1 aircraft not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs.

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3. When a Member State makes use of the provisions of paragraph 2 it shall notify the Commission and the Agency.

4. For the purpose of time limits contained in points 66.A.25, 66.A.30 and Appendix III of Annex III (Part-66) related to basic knowledge examinations, basic experience, theoretical type training and examinations, practical training and assessment, type examinations and on the job training completed before ►M1 Regulation (EU) No 1149/2011 ◄ applied, the origin of time shall be the date by which ►M1 Regulation (EU) No 1149/2011 ◄ applied.

5. The Agency shall submit an opinion to the Commission including proposals for a simple and proportionate system for the licensing of certifying staff involved in the maintenance of ELA1 aeroplanes as well as aircraft other than aeroplanes and helicopters.

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6. By way of derogation from paragraph 1:

(a) competent authorities or, where applicable, organisations may continue to issue certificates, previous issue, as laid down in Appendix III to Annex I (Part-M) or Appendix II and Appendix III to Annex IV (Part-147) to Regulation (EU) No 1321/2014, in force prior to 27 July 2015, until 31 December 2015.

(b) certificates issued before 1 January 2016 remain valid until they are changed, suspended or revoked.

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Article 9

Agency measures

1. The Agency shall develop acceptable means of compliance (hereinafter called ‘AMC’) that competent authorities, organisations and personnel may use to demonstrate compliance with the provisions of the Annexes to this Regulation.

2. The AMC issued by the Agency shall neither introduce new requirements nor alleviate the requirements of the Annexes to this Regulation.

3. Without prejudice to Articles 54 and 55 of Regulation (EC) No 216/2008, when the acceptable means of compliance issued by the Agency are used, the related requirements of the Annexes to this Regulation shall be considered as met without further demonstration.

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









ANNEX I

(Part-M)

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 ▼M2 M.A.306 Aircraft technical log system ▼B 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 ▼M1 M.A.607 Certifying staff and airworthiness review staff ▼B 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 ▼M1 M.A.614 Maintenance and airworthiness review records ▼B 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.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 and suspension 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 management contract 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

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 Section A, Subpart F of this Annex (Part-M):

(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 Section A, Subpart G of this Annex (Part-M):

(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;

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4. for the approval of maintenance programmes,

(i) the authority designated by the Member State of registry; or

(ii) if agreed with the Member State of registry prior to the approval of the maintenance programme:

(a) the authority designated by the State where the operator has its principal place of business or is established or residing; or

(b) the authority responsible for the oversight of the continuing airworthiness management organisation managing the continuing airworthiness of the aircraft, or with which a limited contract in accordance with M.A.201(i)(3) has been made by the owner.

▼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;

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4. the maintenance of aircraft is performed in accordance with the maintenance programme as specified in point M.A.302.

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(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.

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(d) The pilot-in-command or, in the case of air carriers licenced in accordance with Regulation (EC) No 1008/2008, 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.

(e) In the case of aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, the operator is responsible for the continuing airworthiness of the aircraft it operates and shall:

(1) ensure that no flight takes place unless the conditions defined in point (a) are met;

(2) be approved, as part of its air operator certificate, as a continuing airworthiness management organisation pursuant to M.A. Subpart G (CAMO) for the aircraft it operates; and

(3) be approved in accordance with Part-145 or establish a contract in accordance with M.A.708(c) with such organisation.

(f) For complex motor-powered aircraft used for commercial specialised operations, or CAT other than those by air carriers licenced in accordance with Regulation (EC) No 1008/2008, or commercial ATOs, the operator shall ensure that:

(1) no flight takes place unless the conditions defined in paragraph (a) are met;

(2) the tasks associated with continuing airworthiness are performed by an approved CAMO. When the operator is not CAMO approved itself then the operator shall establish a written contract in accordance with Appendix I with such an organisation, and

(3) the CAMO referred to in (2) is approved in accordance with Part-145 for the maintenance of the aircraft and components for installation thereon, or it has established a contract in accordance with M.A.708(c) with such organisations.

(g) For complex motor-powered aircraft not included in point (e) or point (f), the owner shall ensure that:

(1) no flight takes place unless the conditions defined in paragraph (a) are met;

(2) the tasks associated with continuing airworthiness are performed by an approved CAMO. When the owner is not CAMO approved itself then the owner shall establish a written contract in accordance with Appendix I with such an organisation, and

(3) the CAMO referred to in (2) is approved in accordance with Part-145 for the maintenance of the aircraft and components for installation thereon, or it has established a contract in accordance with M.A.708(c) with such organisations.

(h) For other than complex motor-powered aircraft, used for commercial specialised operations, or CAT other than those by licenced air carriers in accordance with Regulation (EC) No 1008/2008, or commercial ATOs, the operator shall ensure that:

(1) no flight takes place unless the conditions defined in point (a) are met;

(2) the tasks associated with continuing airworthiness are performed by an approved CAMO. When the operator is not CAMO approved itself then the operator shall establish a written contract in accordance with Appendix I with such an organisation, and

(3) the CAMO referred to in point (2) is approved in accordance with Part-M Subpart-F or Part-145 for the maintenance of the aircraft and components for installation thereon, or it has established a contract in accordance with M.A.708(c) with such organisations.

(i) For other than complex motor-powered aircraft not included in point (e) or (h), or used for ‘limited operations’, the owner is responsible for ensuring that no flight takes place unless the conditions defined in point (a) are met. To that end, the owner shall:

(1) contract the tasks associated with continuing airworthiness to an approved CAMO though a written contract in accordance with Appendix I, which will transfer the responsibility for the accomplishment of these tasks to the contracted CAMO, or;

(2) manage the continuing airworthiness of the aircraft under its own responsibility, without contracting an approved CAMO, or;

(3) manage the continuing airworthiness of the aircraft under its own responsibility and establish a limited contract for the development of the maintenance programme and for processing its approval in accordance with point M.A.302 with:

— an approved CAMO, or

— in the case of ELA2 aircraft, a Part-145 or M.A. Subpart F maintenance organisation.

This limited contract transfers the responsibility for the development and, except in the case where a declaration is issued by the owner in accordance with M.A.302(h), processing the approval of the maintenance programme to the contracted organisation.

(j) The owner/operator shall ensure that any person authorised by the competent authority is granted access to any of its facilities, aircraft or documents related to its activities, including any subcontracted activities, to determine compliance with this Part.

▼B

M.A.202 Occurrence reporting

(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.

(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 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, the minimum equipment list (MEL) and configuration deviation list, when applicable;

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

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4. for all complex motor-powered aircraft or aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, the analysis of the effectiveness of the M.A.302 approved maintenance programme;

▼B

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 point M.A.304;

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7. for non-mandatory modifications and/or inspections, for all complex motor-powered aircraft or aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, the establishment of an embodiment policy;

▼B

8. maintenance check flights when necessary.

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.

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(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) or when there is a limited contract between the owner and this organisation in accordance with point M.A.201(i)(3), 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), transferring the responsibility for the approval of the aircraft maintenance programme to the competent authority responsible for the continuing airworthiness management organisation.

▼B

(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 (EU) No 748/2012 and its Annex I (Part-21), and

— included in the certification specifications referred to in point 21A.90B or 21A.431B of Annex I (Part-21) to Regulation (EU) No 748/2012, if applicable;

(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 point (e), which may be escalated, subject to sufficient reviews carried out in accordance with point (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.

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(f) For complex motor-powered 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.

▼B

(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 I (Part-21) to Regulation (EU) No 748/2012.

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(h) In the case of ELA1 aircraft not involved in commercial operations, compliance with points (b), (c), (d), (e), and (g) may be replaced by compliance with all the following conditions:

1. The aircraft maintenance programme shall clearly identify the owner and the specific aircraft to which it refers, including any installed engine and propeller.

2. The aircraft maintenance programme shall either:

— comply with the ‘Minimum Inspection Programme’, contained in point (i), corresponding to the particular aircraft, or

— comply with points (d) and (e).

The maintenance programme shall not be less restrictive than the ‘Minimum Inspection Programme’.

3. The aircraft maintenance programme shall include all the mandatory continuing airworthiness requirements, such as repetitive Airworthiness Directives, the Airworthiness Limitation Section (ALS) of the Instructions for Continued Airworthiness (ICA) or specific maintenance requirements contained in the Type Certificate Data Sheet (TCDS).

In addition, the aircraft maintenance programme shall identify any additional maintenance tasks to be performed because of the specific aircraft type, aircraft configuration and type and specificity of operation. The following elements shall be taken into consideration as a minimum:

— Specific installed equipment and modifications of the aircraft.

— Repairs incorporated in the aircraft.

— Life Limited components and flight safety critical components.

— Maintenance recommendations, such as Time Between Overhaul (TBO) intervals, recommended through service bulletins, service letters, and other non-mandatory service information.

— Applicable operational directives/requirements related to the periodic inspection of certain equipment.

— Special operational approvals.

— Use of the aircraft and operational environment.

— Pilot-owner maintenance (if applicable).

4. If the maintenance programme is not approved by the competent authority (directly or by the M.A.Subpart G organisation via an indirect approval procedure), the aircraft maintenance programme shall contain a signed statement where the owner declares that this is the aircraft maintenance programme for the particular aircraft registration and he/she declares to be fully responsible for its content and, in particular, for any deviations introduced as regards the Design Approval Holder recommendations.

5. The aircraft maintenance programme shall be reviewed at least annually. This review of the maintenance programme shall be performed either:

— by the person who performs the airworthiness review of the aircraft in accordance with point M.A.710(ga), or

— by the M.A. Subpart G organisation managing the continuing airworthiness of the aircraft in those cases where the review of the maintenance programme is not performed in conjunction with an airworthiness review.

If the review shows discrepancies on the aircraft linked to deficiencies in the content of the maintenance programme, the person performing the review shall inform the competent authority of the Member State of registry and the owner shall amend the maintenance programme as agreed with such competent authority.

(i) In the case of ELA1 aircraft other than airships, not involved in commercial operations, the ‘Minimum Inspection Programme’ referred to in point (h) shall comply with the following conditions:

1. It shall contain the following inspection intervals:

— For ELA1 aeroplanes and ELA1 Touring Motor Gliders (TMG), every annual or 100 h interval, whichever comes first. A tolerance of 1 month or 10 h may be applied to that interval as long as the next interval is calculated from the date or hours originally scheduled.

— For ELA1 sailplanes, ELA1 powered sailplanes other than TMG and ELA1 balloons, every annual interval. A tolerance of 1 month may be applied to that interval as long as the next interval is calculated from the date originally scheduled.

2. It shall contain the following:

— Servicing tasks as required by the Design Approval Holder's requirements.

— Inspection of markings.

— Review of weighing records and weighing in accordance with Commission Regulation (EU) No 965/2012 ( 5 ), point NCO.POL.105.

— Operational test of transponder (if existing).

— Operational test of the pitot-static system.

— In the case of ELA1 aeroplanes: — — Operational checks for power and rpm, magnetos, fuel and oil pressure, engine temperatures. — For engines equipped with automated engine control, the published run-up procedure. — For dry-sump engines, engines with turbochargers and liquid-cooled engines, an operational check for signs of disturbed fluid circulation.

— Inspection of the condition and attachment of the structural items, systems and components corresponding to the following areas: — — For ELA1 aeroplanes: — — Airframe — Cabin and cockpit — Landing gear — Wing and centre section — Flight controls — Empennage — Avionics and electrics — Powerplant — Clutches and gearboxes — Propeller — Miscellaneous systems such as the ballistic rescue system — For ELA1 sailplanes and ELA1 powered sailplanes: — — Airframe — Cabin and cockpit — Landing gear — Wing and centre section — Empennage — Avionics and electrics — Powerplant (when applicable) — Miscellaneous systems such as removable ballast, drag chute and controls, and water ballast system — For ELA1 hot-air balloons: — — Envelope — Burner — Basket — Fuel containers — Equipment and instruments — For ELA1 gas balloons: — — Envelope — Basket — Equipment and instruments

Until such time as this Regulation specifies a ‘Minimum Inspection Programme’ for airships, their maintenance programme shall comply with points (d) and (e).

▼B

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 as appropriate:

(a) data approved by the Agency; or

(b) data approved by a Part-21 design organisation; or

(c) data contained in the certification specifications referred to in point 21A.90B or 21A.431B of Annex I (Part-21) to Regulation (EU) No 748/2012.

M.A.305 Aircraft continuing airworthiness record system

(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.

(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,

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2. when required in point M.A.306, the operator's technical log.

▼B

(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.

(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 point (d) information applicable to the component.

(f) The person responsible for the management of continuing airworthiness tasks pursuant to Section A, Subpart B of this Annex (Part M), shall control the records as detailed in this point 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.

(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.

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M.A.306 Aircraft technical log system

(a) For CAT, commercial specialised operations and commercial ATO operations, in addition to the requirements of M.A.305, the operator shall use a 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

(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:

1. any applicable requirement, procedure, standard or information issued by the competent authority or the Agency,

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 Annex I (Part-21) to Regulation (EU) No 748/2012.

4. any applicable data issued in accordance with point 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.

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M.A.402 Performance of maintenance

Except for maintenance performed by a maintenance organisation approved in accordance with Annex II (Part-145), any person or organisation performing maintenance shall:

(a) be qualified for the tasks performed, as required by this part;

(b) ensure that the area in which maintenance is carried out is well organised and clean in respect of dirt and contamination;

(c) use the methods, techniques, standards and instructions specified in the M.A.401 maintenance data;

(d) use the tools, equipment and material specified in the M.A.401 maintenance data. If necessary, tools and equipment shall be controlled and calibrated to an officially recognised standard;

(e) ensure that maintenance is performed within any environmental limitations specified in the M.A.401 maintenance data;

(f) ensure that proper facilities are used in case of inclement weather or lengthy maintenance;

(g) ensure that the risk of multiple errors during maintenance and the risk of errors being repeated in identical maintenance tasks are minimised;

(h) ensure that an error capturing method is implemented after the performance of any critical maintenance task; and

(i) carry out a general verification after completion of maintenance to ensure the aircraft or component is clear of all tools, equipment and any extraneous parts or material, and that all access panels removed have been refitted.

▼B

M.A.403 Aircraft defects

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

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(b) Only the authorised certifying staff, 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 the MEL is used by the pilot or by the authorised certifying staff.

(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 or the MEL.

▼B

(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 Annex I (Part-21), Subpart Q, unless otherwise specified in Annex I (Part-21) to Regulation (EU) No 748/2012, 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 Annex II (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.

M.A.502 Component maintenance

(a) Except for components referred to in point 21A.307(c) of Annex I (Part-21) to Regulation (EU) No 748/2012, 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 point (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 point. Component maintenance performed in accordance with this point 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 point (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 point.

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(d) By derogation from point (a) and point M.A.801(b)2, maintenance of a component while installed or temporarily removed from an ELA1 aircraft used by other than licenced air carriers in accordance with Regulation (EC) No 1008/2008, 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 point (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.

▼B

(e) Maintenance of components referred to in 21A.307(c) of Annex I (Part-21) to Regulation (EU) No 748/2012 shall be performed by an A-rated organisation approved in accordance with Section A, Subpart F of this Annex (Part-M) or Part-145, by certifying staff referred to in point M.A.801(b)2 or by the pilot-owner referred to in point M.A.801(b)3 while such a component is fitted to the aircraft or temporarily removed to improve access. Component maintenance performed in accordance with this point 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.

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.

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.

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(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 by licenced air carriers in accordance with Regulation (EC) No 1008/2008 and other than complex motor-powered 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 point M.A.304.

(d) Any person or organisation accountable under this Annex (Part-M) shall, in the case of a point (c) unsalvageable components:

1. retain such component in the point (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 point (d) a person or organisation accountable under this Annex (Part-M) may transfer responsibility of components classified as unsalvageable to an organisation for training or research without mutilation.

SUBPART F

MAINTENANCE ORGANISATION

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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 other than complex motor powered aircraft and components to be installed therein not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008.

▼B

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 of this Annex (Part-M).

(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.

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 Annex I (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 point M.A.606(b), and;

4. an organisation chart showing associated chains of responsibility between the person(s) referred to in point M.A.606(b), and;

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5. a list of certifying staff and, if applicable, airworthiness review staff and staff responsible for the development and processing of the maintenance programme, with their scope of approval, and;

6. a list of locations where maintenance is carried out, together with a general description 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 point (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 point (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.

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(e) The qualification of all personnel involved in maintenance, airworthiness reviews and development of maintenance programmes shall be demonstrated and recorded.

▼B

(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.

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(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 Article 5 of Regulation (EU) No 1321/2014.

▼B

(h) By derogation from point (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.

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(i) If the organisation performs airworthiness reviews and issues the corresponding airworthiness review certificate for ELA1 aircraft not involved in commercial operations in accordance with M.A.901(l), it shall have airworthiness review staff qualified and authorised in accordance with M.A.901(l)1.

(j) If the organisation is involved in the development and processing of approval of the maintenance programme for ELA2 aircraft not involved in commercial operations in accordance with M.A.201(e)(ii), it shall have qualified staff who shall be able to show relevant knowledge and experience.

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M.A.607 Certifying staff and airworthiness review staff

▼B

(a) In addition to point 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.

►M1 All such cases must be reported to the competent authority within seven days after issuing 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.

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(c) The approved maintenance organisation shall record all details concerning certifying staff and airworthiness review staff and maintain a current list of all certifying staff and airworthiness review 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:

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,

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 point 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.

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.

M.A.611 Maintenance standards

All maintenance shall be carried out in accordance with the requirements of Section A, Subpart D of this Annex (Part-M).

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 point M.A.801.

M.A.613 Component certificate of release to service

(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), M.A.502(d) or M.A.502(e) and components fabricated in accordance with point M.A.603(c).

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

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M.A.614 Maintenance and airworthiness review records

(a) The approved maintenance organisation shall record all details of work carried out. Records necessary to prove all requirements have been met for the issue of the certificate of release to service including the subcontractor's release documents and for the issue of any airworthiness review certificate and recommendation shall be retained.

▼B

(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 repair/modification data used for repairs/modifications carried out.

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(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. In addition, it shall retain a copy of all the records related to the issue of recommendations and airworthiness review certificates for three years from the date of issue and shall provide a copy of them to the owner of the aircraft.

1. The records under this point 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.

▼B

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;

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(e) if specifically approved to do so for ELA1 aircraft not involved in commercial operations,

1. perform airworthiness reviews and issue the corresponding airworthiness review certificate, under the conditions specified in point M.A.901(l), and

2. perform airworthiness reviews and issue the corresponding recommendations, under the conditions specified in point M.A.901(l) and M.A.904(a)2 and (b).

(f) develop the maintenance programme and process its approval in accordance with point M.A.302 for ELA2 aircraft not involved in commercial operations, under the conditions specified in point M.A.201(e)(ii), and limited to the aircraft ratings listed in the approval certificate.

The organisation shall only maintain an aircraft or component for which it is approved when all the necessary facilities, equipment, tooling, material, maintenance data and certifying staff are available.

▼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 point M.A.606(b);

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

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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 point 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 point 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.

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.

M.A.703 Extent of approval

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

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(b) Notwithstanding point (a), for licenced air carriers in accordance with Regulation (EC) No 1008/2008, the approval shall be part of the air operator certificate issued by the competent authority, for the aircraft operated.

▼B

(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.

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;

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;

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;

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;

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9. the list of approved aircraft maintenance programmes, or, for aircraft not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, 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.

(c) Notwithstanding point (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.

M.A.705 Facilities

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

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(b) For licenced air carriers in accordance with Regulation (EC) No 1008/2008 the accountable manager referred to in point (a) 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.

▼B

(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.

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(d) For licenced air carriers in accordance with Regulation (EC) No 1008/2008, 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 point (c).

▼B

(e) The nominated post holder referred to in point (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 point (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.

(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).

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(k) For complex motor-powered aircraft and for aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, 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

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(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 aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, and aircraft above 2 730 kg MTOM, except balloons, these staff shall have acquired:

(a) at least 5 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 5 years of experience in continuing airworthiness additional to those already required by point M.A.707(a)1(a).

2. For aircraft not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008 of 2 730 kg MTOM and below, and balloons, these staff shall have acquired:

(a) at least 3 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 4 years of experience in continuing airworthiness additional to those already required by point M.A.707(a)2(a).

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(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 the supervision of the competent authority or under the supervision of the organisation's airworthiness review staff in accordance with a procedure approved by the competent authority.

▼B

(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,

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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 for aircraft not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008 provide a copy of the programme to the owner or operator responsible in accordance with M.A.201,

▼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 Section A, Subpart H of this Annex (Part-M),

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.

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(c) In the case of complex motor-powered aircraft or aircraft used for CAT, or aircraft used for commercial specialised operations or commercial ATO operations, when the continuing airworthiness management organisation is not appropriately approved to Part-145 or Part-M.A. Subpart-F, the organisation shall in consultation with the operator, establish a written maintenance contract with a Part-145 or Part-M.A. Subpart-F 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 or Part-M.A. Subpart-F approved maintenance organisation and defining the support of the quality functions of M.A.712(b).

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(d) Notwithstanding point (c), the contract may be in the form of individual work orders addressed to the Part-145 or Part-M.A. Subpart-F maintenance organisation in the case of:

1. an aircraft requiring unscheduled line maintenance,

2. component maintenance, including engine maintenance.

▼B

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.

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(b) For aircraft not used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, 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.

▼B

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 in compliance with Annex I (Part-21) to Regulation (EU) No 748/2012; 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 Annex I (Part-21) to Regulation (EU) No 748/2012.

(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 point (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.

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(ga) For ELA1 aircraft not involved in commercial operations for which the aircraft maintenance programme has been established in accordance with M.A.302(h), the aircraft maintenance programme shall be reviewed in conjunction with the airworthiness review. This review shall be accomplished by the person who performed the airworthiness review.

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(h) Should the outcome of the airworthiness review be inconclusive or should the review under point M.A.710(ga) show discrepancies on the aircraft linked to deficiencies in the content of the maintenance programme, the competent authority shall be informed by the organisation as soon as practicable but in any case within 72 hours from the moment the organisation identifies the condition to which the review relates. The airworthiness review certificate shall not be issued until all findings have been closed.

▼B

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:

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1. manage the continuing airworthiness of aircraft, except those used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, as listed on the approval certificate;

2. manage the continuing airworthiness of aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, when listed both on its approval certificate and on its Air Operator Certificate (AOC);

▼B

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.

(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 point 21.A.711(d) of Annex I (Part-21) to Regulation (EU) No 748/2012 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.

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 activities carried out under Section A, Subpart G of this Annex (Part M). It shall at least include the following functions:

1. monitoring that all activities carried out under Section A, Subpart G of this Annex (Part M) 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.

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(e) For licenced air carriers in accordance with Regulation (EC) No 1008/2008 the M.A. Subpart G quality system shall be an integrated part of the operator's quality system.

(f) In the case of a small organisation not managing the continuing airworthiness of aircraft used by licenced air carriers in accordance with Regulation (EC) No 1008/2008, 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.

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 airworthines