(34)

point M.A.901 is replaced by the following: ‘M.A.901 Aircraft airworthiness review To ensure the validity of the aircraft airworthiness certificate, an airworthiness review of the aircraft and its continuing airworthiness records shall be carried out periodically. (a) An airworthiness review certificate is issued in accordance with Appendix III (EASA Form 15a or 15b) to this Annex upon completion of a satisfactory airworthiness review. The airworthiness review certificate shall be valid for 1 year; (b) An aircraft in a controlled environment is an aircraft which, during the preceding 12 months: 1. has had its airworthiness continuously managed by a unique CAMO or CAO; 2. has been maintained by a maintenance organisation approved in accordance with Subpart F of this Annex, Annex II (Part-145) or Annex Vd (Part-CAO), including the cases when maintenance tasks referred to in point (b) of point M.A.803 are carried out and released to service in accordance with point (b)(1) or (b)(2) of point M.A.801 of this Annex. (c) For all aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, and for aircraft above 2 730 kg MTOM that are in a controlled environment, the organisation referred to in point (b)(1) managing the continuing airworthiness of the aircraft may in accordance with CAMO.A.125 and point (c)(1) of point CAO.A.095, and subject to compliance with point (j): 1. issue an airworthiness review certificate in accordance with point M.A.901; 2. extend at most twice the validity of the airworthiness review certificate it has issued, for a period of 1 year each time, where the aircraft concerned has remained within a controlled environment. (d) The airworthiness review certificate shall be issued by the competent authority upon a satisfactory assessment based on a recommendation made by a CAMO or CAO, sent together with the application from the owner or operator for all aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, and for aircraft above 2 730 kg MTOM that complies with the following alternative conditions: 1. they are not in a controlled environment; 2. their continuing airworthiness is managed by an organisation that does not hold the privilege to carry out airworthiness reviews. The recommendation referred to in the first subparagraph shall be based on an airworthiness review carried out in accordance with point M.A.901. (e) For aircraft not used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, and for aircraft of 2 730 kg MTOM and below, any CAMO or CAO chosen by the owner or operator may in accordance with CAMO.A.125 or CAO.A.095 and subject to point (j): 1. issue the airworthiness review certificate in accordance with point M.A.901; 2. extend at most twice the validity of the airworthiness review certificate it has issued, for a period of 1 year each time, where the aircraft has remained within a controlled environment under its management. (f) By derogation from points (c)(2) and (e)(2) of point M.A.901, for aircraft that are in a controlled environment, the organisation referred to in point (b)(1) managing the continuing airworthiness of the aircraft, may, subject to compliance with point (j), extend at most twice the validity of an airworthiness review certificate that the competent authority or another CAMO or CAO has issued, for a period of 1 year each time. (g) Whenever circumstances reveal the existence of a potential risk to aviation safety, the competent authority shall carry out the airworthiness review and issue the airworthiness review certificate itself. (h) Without prejudice to point (g), the competent authority may carry out the airworthiness review and issue the airworthiness review certificate itself in the following cases: 1. when the continuing airworthiness of the aircraft is managed by a CAMO or CAO which has its principal place of business located in a third country; 2. for any other aircraft of 2 730 kg MTOM and below, if the owner so requests. (i) Where the competent authority issues the airworthiness review certificate itself in accordance with points (g) or (h) or after assessing the recommendation in accordance with point M.B.901, the owner or operator of the aircraft shall, where necessary for those purposes, provide the competent authority with: 1. any documentation required by the competent authority; 2. suitable accommodation at the appropriate location for its personnel; 3. the support of the certifying staff. (j) An airworthiness review certificate shall not be issued, nor extended if there is evidence or indications that the aircraft is not airworthy. (k) The airworthiness review of the aircraft shall include a full documented review of the aircraft records establishing that the following requirements have been met: 1. airframe, engine and propeller flying hours and associated flight cycles have been properly recorded; 2. the flight manual is applicable to the aircraft configuration and reflects the latest revision status; 3. all the maintenance due on the aircraft pursuant to the approved AMP has been carried out; 4. all known defects have been corrected or, when applicable, carried forward in a controlled manner in accordance with M.A.403; 5. all applicable ADs have been applied and properly registered; 6. all modifications and repairs applied to the aircraft have been registered and are in compliance with point M.A.304; 7. all life-limited parts and time-controlled components installed on the aircraft are properly identified, registered and have not exceeded their limitation; 8. all maintenance has been carried out in accordance with this Annex; 9. the current mass and balance statement reflects the current configuration of the aircraft and is valid; 10. the aircraft complies with the latest revision of its type design approved by the Agency; 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. (l) The airworthiness review of the aircraft shall include a physical survey of the aircraft. For that survey, airworthiness review staff not appropriately qualified in accordance with Annex III (Part-66) shall be assisted by such qualified staff. (m) Through the physical survey of the aircraft, the airworthiness review staff shall ensure that: 1. all required markings and placards are properly installed; 2. the aircraft complies with its approved flight manual; 3. the aircraft configuration complies with the approved documentation; 4. no evident defect can be found that has not been addressed in accordance with point M.A.403; 5. no inconsistencies can be found between the aircraft and the documented review of records referred to in point (k). (n) By derogation from point (a), the airworthiness review may be anticipated by a maximum period of 90 days without loss of continuity of the airworthiness review pattern, so as to allow for the physical review to take place during a maintenance check. (o) 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 this Annex can only be issued: 1. by authorised airworthiness review staff on behalf of the approved organisation; 2. if the airworthiness review has been completely carried out. (p) A copy of any airworthiness review certificate issued or extended for an aircraft shall be sent to the Member State of registry of the aircraft concerned within 10 days. (q) Airworthiness review tasks shall not be subcontracted. (r) Should the outcome of the airworthiness review be inconclusive, the organisation having carried out the review shall inform the competent authority as soon as possible and in any case within 72 hours from the moment the organisation identifies the reason for which the airworthiness review is inconclusive. (s) The airworthiness review certificate shall not be issued until all findings have been closed’;