Ir-Regolament tal-Kummissjoni (KE) Nru 2042/2003

ta' l-20 ta' Novembru 2003

dwar l-kapaċità kontinwata li jintużaw fl-ajru ta' inġenji ta' l-ajru u prodotti, partijiet u tagħmir ajrunawtiku, u dwar l-approvazzjoni ta' organizzazzjonijiet u persunal involut f'dan ix-xogħol

(Test b'relevanza għaż-ŻEE)

IL-KUMMISSJONI TAL-KOMUNITAJIET EWROPEJ,

Wara li kkunsidrat it-Trattat li jistabbilixxi l-Komunità Ewropea,

Wara li kkunsidrat ir-Regolament (KE) Nru 1592/2002 tal-Parlament Ewropew u tal-Kunsill tal-15 ta' Lulju 2002 dwar regoli komuni fil-kamp ta' l-avjazzjoni ċivili u li jistabbilixxi Aġenzija dwar is-Sigurtà fl-Avjazzjoni Ċivili [1], (hawnhekk iżjed 'il quddiem imsejjaħ "ir-Regolament bażi") u b'mod partikolari l-Artikolu 5 u 6 tiegħu,

Billi:

(1) Ir-Regolament bażiku jistabbilixxi ħtiġiet komuni essenzjali biex jipprovdi għal livell uniformi għoli ta' sigurtà fl-avjazzjoni ċivili u l-protezzjoni ta' l-ambjent; jeħtieġ lill-Kummissjoni li tadotta r-regoli ta' implimentazzjoni neċessarji biex tiżgura l-applikazzjoni uniformi tagħhom; jistabbilixxi l-Aġenzija dwar is-Sigurtà fl-Avjazzjoni Ċivili (hawnhekk iżjed 'il quddiem imsejħa "l-Aġenzija") biex tassisti lill-Kummissjoni fl-iżvilupp ta' dawk ir-regoli ta' implimentazzjoni.

(2) Il-ħtiġiet eżistenti dwar l-avjazzjoni fil-kamp tal-manutenzjoni kif elenkati fl-Anness tar-Regolament tal-Kunsill (KEE) Nru 3922/91 [2] ser jiġu revokati mit-28 ta' Settembru 2003.

(3) Huwa meħtieġ li jiġu adottati ħtiġiet tekniċi komuni u proċeduri amministrattivi biex jiżguraw il-kapaċità kontinwata li jintużaw fl-ajru ta' inġenji ta' l-ajru u prodotti, partijiet u tagħmir ajrunawtiku b'konformità mar-Regolament bażiku.

(4) L-organizzazzjonijiet u l-persunal involuti fil-manutenzjoni ta' prodotti, partijiet u tagħmir għandhom jiġu mġiegħla jikkonformaw ma' ċerti ħtiġiet tekniċi biex ikunu jistgħu juru l-kapaċitajiet tagħhom u l-mezzi biex iwettqu l-obbligi u l-privileġġi assoċjati tagħhom; il-Kummissjoni hi meħtieġa li tadotta miżuri biex jiġu speċifikati l-kondizzjonijiet tal-ħruġ, iż-żamma, l-emendi, is-sospensjoni u r-revoka ta' ċertifikati li jikkonfermaw dik il-konformità.

(5) Il-ħtieġa li tiġi żgurata l-uniformità fl-applikazzjoni ta' ħtiġiet tekniċi komuni fil-kamp tal-kapaċità kontinwata li jintużaw fl-ajru ta' partijiet u tagħmir ajrunawtiku titlob li jiġu segwiti proċeduri komuni mill-awtoritajiet kompetenti biex jivverifikaw l-osservanza ta' dawn il-ħtiġiet; l-Aġenzija għandha tiżviluppa speċifikazzjonijiet ta' ċertifikazzjoni biex tiffaċilita l-uniformità regolatorja neċessarja.

(6) Hu neċessarju li jingħata żmien biżżejjed lill-industrija arjunawtika u l-amministrazzjonijiet ta' l-Istati Membri biex jadattaw qafas regolatorju ġdid; hu neċessarju ukoll li tiġi rikonoxxuta l-validità kontinwata ta' ċertifikati maħruġa qabel il-bidu fis-seħħ ta' dan ir-Regolament, skond l-Artikolu 57 tar-Regolament bażiku.

(7) Il-miżuri previsti b'dan ir-Regolament huma bbażati fuq l-opinjoni maħruġa mill-Aġenzija [3] skond l-Artikoli 12(2)(b) u 14(1) tar-Regolament bażiku.

(8) Il-miżuri previsti b'dan ir-Regolament huma skond l-Opinjoni tal-Kumitat ta' l-Aġenzija dwar is-Sigurtà fl-Avjazzjoni Ewropea [4] stabbilit bl-Artikolu 54(3) tar-Regolament bażiku,

ADOTTAT DAN IR-REGOLAMENT:

Artikolu 1

Għan u kamp ta' applikazzjoni

1. Dan ir-Regolament jistabbilixxi l-ħtiġiet tekniċi komuni u l-proċeduri amministrattivi biex jiżguraw il-kapaċità kontinwata li jintużaw fl-ajru ta' inġenji ta' l-ajru, inkluż kull komponent li għandu jiġi mwaħħal miegħu, li huma:

(a) reġistrati fi Stat Membru; jew

(b) reġistrati f'pajiż terz u użati minn operatur li dwaru Stat Membru jiżgura superviżjoni ta' l-operazzjonijiet.

2. Il-paragrafu 1 ma' għandux japplika għal inġenji ta' l-ajru li s-superviżjoni tas-sigurtà regolatorja tiegħu ġiet trasferita lil pajjiż terz u li ma humiex użati minn operatur komunitarju, jew għal inġenji ta' l-ajru msemmija fl-Anness II tar-Regolament bażiku.

3. Id-dispożizzjonijiet ta' dan ir-Regolament rigward it-trasport kummerċjali bl-ajru huma applikabbli għat-trasportaturi ta' l-ajru liċenzjati kif imfissra bid-dritt komunitarju.

Artikolu 2

Tifsiriet

Fl-iskop tar-Regolament bażiku, għandhom jgħoddu t-tifsiriet li ġejjin:

(a) "inġenju ta' l-ajru" tfisser kull makkinarju li jista' jikseb sostenn fl-atmosfera mir-reazzjonijiet ta' l-arja ħlief reazzjonijiet ta' l-arja kontra il-wiċċ ta' l-art;

(b) "persunal li jiċċertifika" tfisser persunal responsabbli għar-rilaxx ta' inġenju ta' l-ajru jew ta' komponent wara l-manutenzjoni;

(ċ) "komponent" tfisser kull makna, skrejjen, parti jew tagħmir;

(d) "kontinwità li tista' tintuża fl-ajru" tfisser il-proċessi kollha li jiżguraw li, f'kull ħin tal-ħajja operattiva tiegħu, inġenju ta' l-ajru josserva l-ħtiġiet dwar il-kapaċità li jintuża fl-ajru li jkunu fis-seħħ u jkun f'kondizzjoni ta' operazzjoni mingħajr periklu;

(e) "JAA" tfisser "l-Awtoritajiet Konġunti dwar l-Avjazzjoni";

(f) "JAR" tfisser "il-Ħtiġiet Konġunti dwar l-Avjazzjoni";

(g) "inġenju ta' l-ajru kbir" tfisser inġenju ta' l-ajru, klassifikat bħala ajruplan b'massa massima għat-tluq ta' 5700 kg, jew elikotteru b'ħafna makni;

(h) "manutenzjoni" tfisser waħda minn dawn li ġejjin jew kombinament tagħhom: l-eżami bir-reqqa, t-tiswija, l-ispezzjon, is-sostituzzjoni, l-modifika jew ir-rettifika ta' difett ta' inġenju ta' l-ajru jew komponent, ħlief l-ispezzjon ta' qabel titjira;

(i) "organizzazzjoni" tfisser persuna fiżika, persuna legali jew parti minn persuna legali. Organizzazzjoni bħal din tista' tkun stabbilita f'aktar minn sit wieħed kemm jekk dan ikun jew ma jkunx fit-territorju ta' l-Istati Membri;

(j) "ispezzjon ta' qabel titjira" tfisser l-ispezzjoni li ssir qabel it-titjira biex tiżgura li l-inġenju ta' l-ajru hu kapaċi jagħmel it-titjira maħsuba.

Artikolu 3

Ħtiġiet ta' kontinwità ta' kapaċita li jintuża fl-ajru

1. Il-kapaċità kontinwata li jintużaw fl-ajru ta' inġenji ta' l-ajru u komponenti għandha tiġi żgurata skond id-dispożizzjonijiet ta' l-Anness I.

2. L-organizzazzjonijiet u l-persunal involuti fil-kapaċità kontinwata li jintużaw fl-ajru ta' inġenji ta' l-ajru u komponenti, inkluża l-manutenzjoni, għandhom josservaw id-dispożizzjonijiet ta' l-Anness I u fejn xieraq dawk speċifikati fl-Artikoli 4 u 5.

3. B'deroga mill-paragrafu 1, il-kapaċità kontinwata li jintuża fl-ajru ta' inġenju ta' l-ajru li jkollu permess biex itir għandha, mingħajr preġudizzju għad-dritt komunitarju, tiġi żgurata fuq il-bażi ta' regolamenti nazzjonali ta' l-Istat ta' reġistrazzjoni.

Artikolu 4

Approvazzjoni ta' organizzazzjoni ta' manutenzjoni

1. L-organizzazzjonijiet involuti fil-manutenzjoni ta' inġenji ta' l-ajru kbar jew inġenji ta' l-ajru użati għat-trasport kummerċjali bl-ajru, u ta' komponenti maħsuba biex jitwaħħlu magħhom, għandhom jiġu approvati skond id-dispożizzjonijiet ta' l-Anness II.

2. L-approvazzjonijiet dwar il-manutenzjoni maħruġa jew rikonoxxuti minn Stat Membru skond il-ħtiġiet u l-proċeduri JAA u li jkunu validi qabel il-bidu fis-seħħ ta' dan ir-Regolament għandhom jitqiesu bħala li ġew maħruġa skond dan ir-Regolament. Għal dan il-għan, b'deroga mid-dispożizzjonijiet ta' 145.B.50(2) taħt l-Anness II, is-sejbiet ta' livell 2 assoċjati mad-differenzi bejn JAR 145 u l-Anness II jistgħu jingħalqu fi żmien sena. Iċ-ċertifikati ta' rilaxx għas-servizz u ċertifikati ta' rilaxx awtorizzat maħruġa minn organizzazzjoni approvata taħt il-ħtiġiet JAA matul dak il-perjodu ta' sena jitqiesu li jkunu nħarġu taħt dan ir-Regolament.

3. Il-persunal kwalifikat biex iwettaq u/jew jikkontrolla test dwar il-kapaċità kontinwata li jintuża fl-ajru ta' strutturi u/jew komponenti ta' inġenju ta' l-ajru u liema test ma jħarbatx dawk l-istrutturi u/jew komponenti, fuq il-bażi ta' xi standard rikonoxxut minn Stat Membru qabel il-bidu fis-seħħ ta' dan ir-Regolament bħala li jipprovdi livell ekwivalenti ta' kwalifika, jistgħu jkomplu jwettqu u/jew jikkontrollaw dawk it-testijiet.

Artikolu 5

Persunal li jiċċertifika

1. Il-persunal li jiċċertifika għandu jkun kwalifikat skond id-dispożizzjonijiet ta' l-Anness III, ħlief kif previst fi M.A.607(b) u M.A.803 ta' l-Anness I u fi 145.A.30(j) ta' u fl-Appendiċi IV ta' l-Anness II.

2. Kull liċenza għall-manutenzjoni ta' inġenji ta' l-ajru u, jekk ikun hemm, il-limitazzjonijiet tekniċi assoċjati ma' dik il-liċenza, maħruġa jew rikonoxxuti minn Stat Membru skond il-ħtiġiet u l-proċeduri JAA u li jkunu validi fil-ħin tal-bidu fis-seħħ ta' dan ir-Regolament, jiqiesu li jkunu ġew maħruġa skond dan ir-Regolament.

Artikolu 6

Ħtiġiet ta' organizzazzjonijiet li jipprovdu taħriġ

1. L-organizzazzjonijiet li huma involuti fit-taħriġ ta' persunal imsemmija fl-Artikolu 5 għandhom jiġu approvati skond l-Anness IV biex ikunu intitolati:

(a) imexxu korsijiet rikonoxxuti ta' taħriġ bażiku; u/jew

(b) imexxu taħriġ ta' tip rikonoxxut; u

(ċ) jagħmlu eżamijiet; u

(d) joħorġu ċertifikati ta' taħriġ.

2. Kull approvazzjoni għal organizzazzjoni ta' taħriġ fuq il-manutenzjoni maħruġa jew rikonoxxuta minn Stat Membru skond il-ħtiġiet u l-proċeduri JAA li tkun valida meta jibda' jseħħ dan ir-Regolament għandha titqies li tkun ġiet maħruġa skond dan ir-Regolament. Għal dan il-għan, b'deroga mid-dispożizzjonijiet ta' 147.B.130(b) taħt l-Anness IV, is-sejbiet tal-livell 2 assoċjati mad-differenzi bejn JAR 147 u l-Anness IV jistgħu jingħalqu fi żmien sena.

Artikolu 7

Dħul fis-seħħ

1. Dan ir-Regolament għandu jibda' jseħħ fil-ġurnata wara l-pubblikazzjoni tiegħu fil-Ġurnal Uffiċjali ta' l-Unjoni Ewropea.

2. B'deroga mill-paragrafu 1 id-dispożizzjonijiet ta' l-Anness I, ħlief ta' M.A.201(h)(2) u M.A.708(ċ) għandhom jgħoddu mit-28 ta' Settembru 2005.

3. B'deroga mill-paragrafu 1 u 2, l-Istati Membri jistgħu jagħżlu li ma japplikawx:

(a) id-dispożizzjonijiet ta' l-Anness I għal inġenji ta' l-ajru li m' humiex involuti fit-trasport kummerċjali bl-ajru, sat-28 ta' Settembru 2008;

(b) id-dispożizzjonijiet ta' l-Anness I(I) għal inġenji ta' l-ajru involuti fit-trasport kummerċjali bl-ajru, sat-28 ta' Settembru 2008;

(ċ) id-dispożizzjonijiet li ġejjin ta' l-Anness II, sat-28 ta' Settembru 2006:

- 145.A.30(e), elementi ta' fatturi umani,

- jaotise 145.A.30 punkt g, mida kohaldatakse suurte õhusõidukite suhtes suurima stardimassiga üle 145.A.30(g) kif applikabbli għal inġenji ta' l-ajru kbar b'massa ta' tluq massima ta' iżjed minn 5700 kg, kg,

- 145.A.30(h)(1) kif applikabbli għal inġenji ta' l-ajru b'massa ta' tluq massima ta' iżjed minn 5700 kg,

- 145.A.30(j)(1), Appendiċi IV,

- 145.A.30(j)(2), Appendiċi IV;

(d) id-dispożizzjonijiet li ġejjin ta' l-Anness II, sat-28 ta' Settembru 2008:

- 145.A.30(g) kif applikabbli għal inġenji ta' l-ajru b'massa ta' tluq massima ta' 5700 kg jew inqas,

- 145.A.30(h)(1) kif applikabbli għal inġenji ta' l-ajru b'massa ta' tluq massima ta' 5700 kg jew inqas,

- 145.A.30(h)(2);

(e) id-dispożizzjonijiet ta' l-Anness III, kif applikabbli għal inġenji ta' l-ajru b'massa ta' tluq massima ta' 5700 kg sat-28 ta' Settembru 2005;

(f) id-dispożizzjonijiet ta' l-Anness III, kif applikabbli għal inġenji ta' l-ajru b'massa ta' tluq massima ta' 5700 kg jew inqas sat-28 ta' Settembru 2006.

4. L-Istati Membru jistgħu joħorġu approvazzjonijiet rigward l-Anness II u l-Anness IV għal perjodu ta' żmien limitat sat-28 ta' Settembru 2005.

5. Meta Stat Membru jagħmel użu mid-dispożizzjonijiet tal-paragrafi 3 jew 4 għandu javża lill-Kummissjoni u lill-Aġenzija.

6. L-Aġenzija tista' tagħmel valutazzjoni ta' l-implikazzjoni tad-dispożizzjonijiet ta' l-Anness I ta' dan ir-Regolament bil-ħsieb li tissottometti opinjoni lill-Kummissjoni, inklużi emendi possibbli għalih, qabel it-28 ta' Marzu 2005.

Dan ir-Regolament għandu jorbot fl-intier tiegħu u japplika direttament fl-Istati Membri kollha.

Magħmul fi Brussel, fl-20 ta' Novembru 2003.

Għall-Kummissjoni

Il-President

Loyola de Palacio

[1] ĠU L 240, tas-7.9.2002 p. 1; ir-Regolament kif l-aħħar emendat bir-Regolament tal-Kummissjoni (KE) Nru 1701/2003 (ĠU L 243, tas-27.9.2003, p. 5).

[2] ĠU L 373, tal-31.12.1991, p. 4; ir-Regolament kif l-aħħar emendat bir-Regolament tal-Kummissjoni (KE) Nru 2871/2000 (ĠU L 333, tad-29.12.2000, p. 47).

[3] Opinjoni ta' l-Aġenzija dwar is-Sigurtà fl-Avjazzjoni Ewropea 1/2003, 1 ta' Settembru 2003.

[4] Opinjoni tal-Kumitat ta' l-Aġenzija dwar is-Sigurtà fl-Avjazzjoni Ewropea, 23 ta' Settembru 2003.

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ANNEX I

(Part-M)

M.1

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

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

2. for the oversight of a maintenance organisation as specified in M.A. Subpart F,

(i) the authority designated by the Member State where that organisation's principle place of business is located.

(ii) the Agency if the organisation is located in a third country.

3. for the oversight of a continuing airworthiness management organisation as specified in M.A. Subpart G,

(i) the authority designated by the Member State where that organisation's principle place of business is located if the approval is not included in an air operator's certificate.

(ii) the authority designated by the Member State of the operator if the approval is included in an air operator's certificate.

(iii) the Agency if the organisation is located in a third country.

4. for the approval of maintenance programmes,

(i) the authority designated by the Member State of registry.

(ii) in the case of commercial air transport, when the Member State of the operator is different from the State of registry, the authority agreed by the above two States prior to the approval of the maintenance programme.

SECTION A

TECHNICAL REQUIREMENTS

SUBPART A

GENERAL

M.A.101 Scope

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

SUBPART B

ACCOUNTABILITY

M.A.201 Responsibilities

(a) The owner is responsible for the continuing airworthiness of an aircraft and shall ensure that no flight takes place unless:

1. the aircraft is maintained in an airworthy condition, and;

2. any operational and emergency equipment fitted is correctly installed and serviceable or clearly identified as unserviceable, and;

3. the airworthiness certificate remains valid, and;

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

(b) When the aircraft is leased, the responsibilities of the owner are transferred to the lessee if:

1. the lessee is stipulated on the registration document, or;

2. detailed in the leasing contract.

When reference is made in this Part to the "owner", the term owner covers the owner or the lessee, as applicable.

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

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

(e) In order to satisfy the responsibilities of paragraph (a) the owner of an aircraft may contract the tasks associated with continuing airworthiness to an approved continuing airworthiness management organisation as specified in M.A. Subpart G (continuing airworthiness management organisation hereinafter) in accordance with Appendix I. In this case, the continuing airworthiness management organisation assumes responsibility for the proper accomplishment of these tasks.

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

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

(h) In the case of commercial air transport the operator is responsible for the continuing airworthiness of the aircraft it operates and shall:

1. be approved, as part of the air operator certificate issued by the competent authority, pursuant to M.A. Subpart G for the aircraft it operates; and

2. be approved in accordance with Part-145 or contract such an organisation; and

3. ensure that paragraph (a) is satisfied.

(i) When an operator is requested by a Member State to hold a certificate for its operational activities, other than for commercial air transport, it shall:

1. be appropriately approved, pursuant to M.A. Subpart G, for the management of the continuing airworthiness of the aircraft it operates or contract such an organisation; and

2. be appropriately approved in accordance with M.A. Subpart F or Part-145, or contract such organisations; and

3. ensure that paragraph (a) is satisfied.

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

M.A.202 Occurrence reporting

(a) Any person or organisation responsible under M.A.201 shall report to 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 that hazards seriously the 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;

2. the rectification to an officially recognised standard of any defect and damage affecting safe operation taking into account, for all large aircraft or aircraft used for commercial air transport, the minimum equipment list and configuration deviation list if applicable to the aircraft type;

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

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

5. the accomplishment of any applicable:

(i) airworthiness directive,

(ii) operational directive with a continuing airworthiness impact,

(iii) continued airworthiness requirement established by the Agency,

(iv) measures mandated by the competent authority in immediate reaction to a safety problem;

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

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

8. maintenance check flights when necessary.

M.A.302 Maintenance programme

(a) Every aircraft shall be maintained in accordance with a maintenance programme approved by the competent authority, which shall be periodically reviewed and amended accordingly.

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

(c) The maintenance programme must establish compliance with:

1. instructions for continuing airworthiness issued by type certificate and supplementary type certificate holders and any other organisation that publishes such data in accordance with Part-21, or

2. instructions issued by the competent authority, if they differ from subparagraph 1 or in the absence of specific recommendations, or

3. instructions defined by the owner or the operator and approved by the competent authority if they differ from subparagraphs 1 and 2.

(d) The maintenance programme shall contain details, including frequency, of all maintenance to be carried out, including any specific tasks linked to specific operations. The programme must include a reliability programme when the maintenance programme is based:

1. on Maintenance Steering Group logic, or;

2. mainly on condition monitoring.

(e) When the aircraft continuing airworthiness is managed by an M.A. Subpart G organisation the maintenance programme and its amendments may be approved through a maintenance programme procedure established by such organisation (hereinafter called indirect approval).

M.A.303 Airworthiness directives

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

M.A.304 Data for modifications and repairs

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

M.A.305 Aircraft continuing airworthiness record system

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

(b) The aircraft continuing airworthiness records shall consist of, as appropriate, an aircraft logbook, engine logbook(s) or engine module log cards, propeller logbook(s) and log cards, for any service life limited component and the operator's technical log.

(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 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 of the aircraft to which the particular component has been fitted, along with the reference to the installation and removal of the component, and;

3. the particular component accumulated total flight time and/or flight cycles and/or landings and/or calendar time, as appropriate, and;

4. the current paragraph (d) information applicable to the component.

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

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

(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 life-limited component fitted thereto, at least 24 months after the aircraft or component was permanently withdrawn from service, and;

2. the total time and flight cycles as appropriate, of the aircraft and all life-limited components, at least 12 months after the aircraft or component has been permanently withdrawn from service, and;

3. the time and flight cycles 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.

M.A.306 Operator's technical log system

(a) In the case of commercial air transport, in addition to the requirements of M.A.305, an operator shall use an aircraft technical log system containing the following information for each aircraft:

1. information about each flight, necessary to ensure continued flight safety, and;

2. the current aircraft certificate of release to service, and;

3. the current maintenance statement giving the aircraft maintenance status of what scheduled and out of phase maintenance is next due except that the competent authority may agree to the maintenance statement being kept elsewhere, and;

4. all outstanding deferred defects rectifications that affect the operation of the aircraft, and;

5. any necessary guidance instructions on maintenance support arrangements.

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

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

M.A.307 Transfer of aircraft continuing airworthiness records

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

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

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

SUBPART D

MAINTENANCE STANDARDS

M.A.401 Maintenance data

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

(b) For the purposes of this Part, applicable maintenance data is:

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

2. any applicable airworthiness directive,

3. applicable instructions for continuing airworthiness, issued by type certificate holders, supplementary type certificate holders and any other organisation that publishes such data in accordance with Part 21.

4. any applicable data issued in accordance with 145.A.45(d).

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

M.A.402 Performance of maintenance

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

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

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

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

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

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

M.A.403 Aircraft defects

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

(b) Only the authorised certifying staff, according to M.A.801(b)1, M.A.801(b)2 or Part-145 can decide, using M.A.401 maintenance data, whether an aircraft defect hazards seriously the flight safety and therefore decide when and which rectification action shall be taken before further flight and which defect rectification can be deferred. However, this does not apply when:

1. the approved minimum equipment list as mandated by the competent authority is used by the pilot; or,

2. aircraft defects are defined as being acceptable by the competent authority.

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

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

SUBPART E

COMPONENTS

M.A.501 Installation

(a) No component may be fitted unless it is in a satisfactory condition, has been appropriately released to service on an EASA Form 1 or equivalent and is marked in accordance with Part 21 Subpart Q, unless otherwise specified in Part-145 and Subpart F.

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

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

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

M.A.502 Component maintenance

(a) The maintenance of components shall be performed by appropriately approved Subpart F or Part-145 maintenance organisations.

(b) Maintenance on any component may be performed by M.A.801(b)2 certifying staff only whilst such components are fitted to the aircraft. Such components, nevertheless, can be temporarily removed for maintenance when such removal is expressly permitted by the aircraft maintenance manual to improve access.

M.A.503 Service life limited components

Installed service life limited components shall not exceed the approved service life limit as specified in the approved maintenance programme and airworthiness directives.

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.

(b) Unserviceable components shall be identified and stored in a secure location under the control of the M.A.502 approved organisation until a decision is made on the future status of such component.

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

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

1. retain such component in the paragraph (b) location, or;

2. arrange for the component to be mutilated in a manner that ensures that it is beyond economic salvage or repair before relinquishing responsibility for such component.

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

SUBPART F

MAINTENANCE ORGANISATION

M.A.601 Scope

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

M.A.602 Application

An application for issue or variation 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) The grant of approval is indicated by the issue of a certificate (included in Appendix 5) by the competent authority. The M.A.604 approved maintenance organisation's manual must specify the scope of work deemed to constitute approval.

The Appendix 4 to this Part defines all classes and ratings possible under M.A. Subpart F.

(b) 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 Part-M and the manual at all times, and;

2. the organisation's scope of work, and;

3. the title(s) and name(s) of person(s) referred to in M.A.606(b), and;

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

5. a list of certifying staff, and;

6. a general description and location of the facilities, and;

7. procedures specifying how the maintenance organisation ensures compliance with this Part, and;

8. the maintenance organisation manual amendment procedure(s).

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

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

M.A.605 Facilities

The organisation shall ensure that:

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

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

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

M.A.606 Personnel requirements

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

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

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

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

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

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

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

M.A.607 Certifying staff

(a) In addition to M.A.606(g), certifying staff can only exercise their privileges, if the organisation has ensured:

1. that certifying staff can demonstrate that in the preceding two-year period they have either had six months of relevant maintenance experience or, met the provision for the issue of the appropriate privileges; 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 five years maintenance experience and holding a valid ICAO aircraft maintenance licence rated for the aircraft type requiring certification provided there is no organisation appropriately approved under this Part at that location and the contracted organisation obtains and holds on file evidence of the experience and the licence of that person.

All such cases must be reported to the competent authority within seven days of the issuance of such certification authorisation. The approved maintenance organisation issuing the one-off certification authorisation shall ensure that any such maintenance that could affect flight safety is re-checked.

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

M.A.608 Components, equipment and tools

(a) The organisation shall:

1. hold the equipment and tools specified in the M.A.609 maintenance data 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 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 customer 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 M.A. Subpart D.

M.A.612 Aircraft certificate of release to service

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

M.A.613 Component certificate of release to service

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

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

M.A.614 Maintenance records

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

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

(c) The approved maintenance organisation shall retain a copy of all maintenance records and any associated maintenance data for three years from the date the aircraft or aircraft component to which the work relates was released from the approved maintenance organisation.

1. The records shall be stored in a manner that ensures protection from damage 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 two 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.

M.A.615 Privileges of the organisation

The organisation may:

1. maintain any aircraft and/or component for which it is approved at the locations specified in the approval certificate and in the manual.

2. maintain any aircraft and/or component for which it is approved at any other location subject to such maintenance being only necessary to rectify arising defects.

3. issue certificates of release to service on completion of maintenance, in accordance with M.A.612 or M.A.613.

M.A.616 Organisational review

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

M.A.617 Changes to the approved maintenance organisation

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

1. the name of the organisation;

2. the location of the organisation;

3. additional locations of the organisation;

4. the accountable manager;

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

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

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

M.A.618 Continued validity of approval

(a) An approval shall be issued for an unlimited duration. It shall remain valid subject to:

1. the organisation remaining in compliance with this Part, in accordance with the provisions related to the handling of findings as specified under M.A.619, and;

2. the competent authority being granted access to the organisation to determine continued compliance with this Part, and;

3. the approval not being surrendered or revoked;

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

M.A.619 Findings

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

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

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

SUBPART G

CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION

M.A.701 Scope

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

M.A.702 Application

An application for issue or variation 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 grant of approval is indicated by the issue of the certificate included in Appendix VI by the competent authority. The M.A.704 approved continuing airworthiness management exposition must specify the scope of work deemed to constitute approval.

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

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 M.A.706(b) and M.A.706(c), and;

4. an organisation chart showing associated chains of responsibility between the person(s) referred to in M.A.706(b) and M.A.706(c), and;

5. a list of M.A.707 airworthiness review staff, 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.

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

Notwithstanding paragraph (b) minor amendments to the exposition may be approved through an exposition procedure (hereinafter called indirect approval).

M.A.705 Facilities

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

M.A.706 Personnel requirements

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

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

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

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

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

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

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

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

M.A.707 Airworthiness review staff

(a) To be approved to carry out airworthiness reviews, an approved continuing airworthiness management organisation shall have appropriate airworthiness review staff to issue M.A. Subpart I airworthiness review certificates or recommendations. In addition to M.A.706 requirements, these staff shall have acquired:

1. at least five years experience in continuing airworthiness, and;

2. an appropriate Part-66 licence or an aeronautical degree or equivalent, and;

3. formal aeronautical maintenance training, and;

4. a position within the approved organisation with appropriate responsibilities.

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

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

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

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

M.A.708 Continuing airworthiness management

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

(b) For every aircraft managed, the approved continuing airworthiness management organisation shall:

1. develop and control a maintenance programme for the aircraft managed including any applicable reliability programme,

2. present the aircraft maintenance programme and its amendments to the competent authority for approval and provide a copy of the programme to the owner of non commercially operated aircraft,

3. manage the approval of modification and repairs,

4. ensure that all maintenance is carried out in accordance with the approved maintenance programme and released in accordance with M.A. Subpart H,

5. ensure that all applicable airworthiness directives and operational directives with a continuing airworthiness impact, are applied,

6. ensure that all defects discovered during scheduled maintenance or reported are corrected by an appropriately approved maintenance organisation,

7. ensure that the aircraft is taken to an appropriately approved maintenance organisation whenever necessary,

8. coordinate scheduled maintenance, the application of airworthiness directives, the replacement of service life limited parts, and component inspection to ensure the work is carried out properly,

9. manage and archive all continuing airworthiness records and/or operator's technical log.

10. ensure that the mass and balance statement reflects the current status of the aircraft.

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

1. an aircraft requiring unscheduled line maintenance, the contract may be in the form of individual work orders addressed to the Part-145 maintenance organisation.

2. component maintenance, including engine maintenance, the contract as referred to in paragraph (c) may be in the form of individual work orders addressed to the Part-145 maintenance organisation.

M.A.709 Documentation

The approved continuing airworthiness management organisation shall hold and use applicable current M.A.401 maintenance data in the performance of M.A.708 continuing airworthiness tasks.

M.A.710 Airworthiness review

(a) To satisfy the requirement for an M.A.902 airworthiness review of an aircraft, a full documented review of the aircraft records shall be carried out by the approved continuing airworthiness management organisation in order to be satisfied that:

1. airframe, engine and propeller flying hours and associated flight cycles have been properly recorded, and;

2. the flight manual is applicable to the aircraft configuration and reflects the latest revision status, and;

3. all the maintenance due on the aircraft according to the approved maintenance programme has been carried out, and;

4. all known defects have been corrected or, when applicable, carried forward in a controlled manner, and;

5. all applicable airworthiness directives have been applied and properly registered, and;

6. all modifications and repairs applied to the aircraft have been registered and are approved according to Part-21, 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 this Part, 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.

(b) The approved continuing airworthiness management organisation's airworthiness review staff shall carry out a physical survey of the aircraft. For this survey, airworthiness review staff not appropriately qualified to 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 M.A.404, and;

5. no inconsistencies can be found between the aircraft and the paragraph (a) documented review of records.

(d) By derogation to M.A.902(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) An M.A.902 airworthiness review certificate (EASA Form 15b) or a recommendation is issued by appropriately authorised M.A.707 airworthiness review staff on behalf of the approved continuing airworthiness management organisation when satisfied that the airworthiness review has been properly carried out.

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

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

(h) Should the outcome of the airworthiness review be inconclusive, the competent authority shall be informed.

M.A.711 Privileges of the organisation

(a) An approved continuing airworthiness management organisation, may:

1. manage the continuing airworthiness of non-commercial air transport aircraft as listed on the approval certificate.

2. manage the continuing airworthiness of commercial air transport aircraft when listed on its air operator certificate.

3. arrange to carry out any task of continuing airworthiness within the limitation of its approval with another organisation that is working under its quality system.

(b) An approved continuing airworthiness management organisation, may additionally be approved to:

1. issue an airworthiness review certificate, or;

2. make a recommendation for the airworthiness review to a Member State of Registry.

(c) An organisation shall be registered in one of the Member States to be granted the privilege pursuant to paragraph (b).

M.A.712 Quality system

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

(b) The quality system shall monitor M.A. Subpart G activities. It shall at least include the following functions:

1. monitoring that all M.A. Subpart G activities are being performed in accordance with the approved procedures, and;

2. monitoring that all contracted maintenance is carried out in accordance with the contract, and;

3. monitoring the continued compliance with the requirements of this Part.

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

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

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

(f) In the case of a small M.A. Subpart G organisation that does not have the privileges granted under M.A.711(b), the quality system can be replaced by performing organisational reviews on a regular basis.

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 airworthiness management organisation has the privilege of M.A.711(b), it shall retain a copy of each airworthiness review certificate and recommendation issued, together with all supporting documents.

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

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

(e) 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.

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

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

M.A.715 Continued validity of approval

(a) An approval shall be issued for an unlimited duration. It shall remain valid subject to:

1. the organisation remaining in compliance with this Part, in accordance with the provisions related to the handling of findings as specified under M.B.705 and;

2. the competent authority being granted access to the organisation to determine continued compliance with this Part, and;

3. the approval not being surrendered or revoked.

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

M.A.716 Findings

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

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

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

SUBPART H

CERTIFICATE OF RELEASE TO SERVICE — CRS

M.A.801 Aircraft certificate of release to service

(a) Except for aircraft released to service by a Part-145 organisation, the certificate of release to service shall be issued according to this Subpart.

(b) A certificate of release to service shall be issued before flight at the completion of any maintenance. When satisfied that all maintenance required has been properly carried out, a certificate of release to service shall be issued:

1. By appropriate certifying staff on behalf of the M.A. Subpart F approved maintenance organisation; or

2. Except for complex maintenance tasks listed in Appendix 7, by certifying staff in compliance with the requirements of Part-66; or

3. By the M.A.803 pilot-owner.

(c) In the case of a release to service under (b)2 the certifying staff may be assisted in the execution of the maintenance tasks by one or more persons under his direct and continuous control.

(d) A certificate of release to service shall contain basic details of the maintenance carried out, the date such maintenance was completed and:

1. the identity including approval reference of the M.A. Subpart F approved maintenance organisation and certifying staff issuing such a certificate; or

2. in the case of subparagraph (b)2 certificate of release to service, the identity and if applicable licence number of the certifying staff issuing such a certificate.

(e) Notwithstanding paragraph (b) in the case of incomplete maintenance, such fact shall be entered in the aircraft certificate of release to service before the issue of such certificate.

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

M.A.802 Component certificate of release to service

(a) A certificate of release to service shall be issued at the completion of any maintenance on an aircraft component whilst off the aircraft.

(b) The authorised release certificate identified as EASA Form 1 for the Member States constitutes the aircraft component certificate of release to service.

M.A.803 Pilot-owner authorisation

(a) The pilot-owner is the person who owns or jointly owns the aircraft being maintained and holds a valid pilot licence with the appropriate type or class rating.

(b) For any privately operated aircraft of simple design with a maximum take-off mass of less than 2730 kg, glider and balloon, the pilot-owner may issue the certificate of release to service after limited pilot owner maintenance listed in Appendix VIII.

(c) Limited pilot owner maintenance shall be defined in the M.A.302 aircraft maintenance programme.

(d) The certificate of release to service must be entered in the logbooks and contain basic details of the maintenance carried out, the date such maintenance was completed and the identity and pilot licence number of the pilot-owner issuing such a certificate.

SUBPART I

AIRWORTHINESS REVIEW CERTIFICATE

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 must be carried out periodically.

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

(b) An aircraft in a controlled environment is an aircraft continuously managed by an M.A. Subpart G approved continuing airworthiness management organisation, which has not changed organisations in the previous 12 months, and which is maintained by approved maintenance organisations. This includes M.A.803(b) maintenance carried out and released to service according to M.A.801(b)2 or M.A.801(b)3.

(c) If an aircraft is within a controlled environment, the continuing airworthiness management organisation managing the aircraft may if appropriately approved:

1. issue the airworthiness review certificate in accordance with M.A.710, and;

2. for airworthiness review certificates it has issued, when the aircraft has remained within a controlled environment, extend twice the validity of the airworthiness review certificate for a period of one year each time. An airworthiness review certificate shall not be extended if the organisation is aware or has reason to believe that the aircraft is unairworthy.

(d) If an aircraft is not within a controlled environment, or managed by an M.A. Subpart G approved continuing airworthiness management organisation that does not hold the privilege to carry out airworthiness reviews, the airworthiness review certificate shall be issued by the competent authority following a satisfactory assessment based on a recommendation made by an appropriately approved continuing airworthiness management organisation sent together with the application from the owner or operator. This recommendation shall be based on an airworthiness review carried out in accordance with M.A.710.

(e) Whenever circumstances show the existence of a potential safety threat, the competent authority may decide to carry out the airworthiness review and issue the airworthiness review certificate itself. In this case, the owner or operator shall provide the competent authority with:

- the documentation required by the competent authority,

- suitable accommodation at the appropriate location for its personnel, and

- when necessary the support of personnel appropriately qualified in accordance with Part-66.

M.A.902 Validity of the airworthiness review certificate

(a) An airworthiness review certificate becomes invalid if:

1. suspended or revoked; or

2. the airworthiness certificate is suspended or revoked; or

3. the aircraft is not on the aircraft register of a Member State; or

4. the type certificate under which the airworthiness certificate was issued is suspended or revoked.

(b) An aircraft must not fly if the airworthiness certificate is invalid or if:

1. the continuing airworthiness of the aircraft or any component fitted to the aircraft does not meet the requirements of this Part, or;

2. the aircraft does not remain in conformity with the type design approved by the Agency; or

3. the aircraft has been operated beyond the limitations of the approved flight manual or the airworthiness certificate, without appropriate action being taken; or

4. the aircraft has been involved in an accident or incident that affects the airworthiness of the aircraft, without subsequent appropriate action to restore airworthiness; or

5. a modification or repair has not been approved in accordance with Part-21.

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

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

(a) When transferring an aircraft registration within the EU, the applicant shall:

1. inform the former Member State in which Member State it will be registered, then;

2. apply to the new Member State for the issuance of a new airworthiness certificate in accordance with Part 21.

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

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

(a) When importing an aircraft onto a Member State register from a third country, the applicant shall:

1. apply to the Member State of registry for the issuance of a new airworthiness certificate in accordance with Part-21; and

2. have an airworthiness review carried out by an appropriately approved continuing airworthiness management organisation; and

3. have all maintenance as requested by the continuing airworthiness management organisation carried out.

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

(c) The owner shall allow access to the aircraft for inspection by the Member State of registry.

(d) A new airworthiness certificate will be issued by the Member State of registry when it is satisfied the aircraft complies with the prescriptions of Part-21.

(e) The Member State shall also issue the airworthiness review certificate valid normally for one year unless the Member State has safety reason to limit the validity.

M.A.905 Findings

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

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

(c) After receipt of notification of findings according to M.B.303, the person or organisation accountable according to M.A.201 shall define a corrective action plan and demonstrate corrective action to the satisfaction of the competent authority within a period agreed with this authority including appropriate corrective action to prevent reoccurrence of the finding and its root cause.

SECTION B

PROCEDURE FOR COMPETENT AUTHORITIES

SUBPART A

GENERAL

M.B.101 Scope

This Section establishes the administrative requirements to be followed by the competent authorities in charge of the application and the enforcement of Section A of this Part.

M.B.102 Competent authority

(a) General

A Member State shall designate a competent authority with allocated responsibilities for the issuance, continuation, change, suspension or revocation of certificates and for the oversight of continuing airworthiness. This competent authority shall establish documented procedures and an organisational structure.

(b) Resources

The number of staff shall be appropriate to carry out the requirements as detailed in this Section B.

(c) Qualification and training

All staff involved in Part-M activities shall be appropriately qualified and have appropriate knowledge, experience, initial training and continuation training to perform their allocated tasks.

(d) Procedures

The competent authority shall establish procedures detailing how compliance with this Part is accomplished.

The procedures shall be reviewed and amended to ensure continued compliance.

M.B.103 Acceptable means of compliance

The Agency shall develop acceptable means of compliance that the Member States may use to establish compliance with this Part. When the acceptable means of compliance are complied with, the related requirements of this Part shall be considered as met.

M.A.104 Record-keeping

(a) The competent authorities shall establish a system of record-keeping that allows adequate traceability of the process to issue, continue, change, suspend or revoke each certificate.

(b) The records for the oversight of Part-M approved organisations shall include as a minimum:

1. the application for an organisation approval.

2. the organisation approval certificate including any changes.

3. a copy of the audit program listing the dates when audits are due and when audits were carried out.

4. the competent authority continued oversight records including all audit records.

5. copies of all relevant correspondence.

6. details of any exemption and enforcement actions.

7. any report from other competent authorities relating to the oversight of the organisation.

8. organisation exposition or manual and amendments.

9. copy of any other document directly approved by the competent authority.

(c) The retention period for the paragraph (b) records shall be at least four years.

(d) The minimum records for the oversight of each aircraft shall include, at least, a copy of:

1. aircraft certificate of airworthiness,

2. airworthiness review certificates,

3. Section A Subpart G organisation recommendations,

4. reports from the airworthiness reviews carried out directly by the Member State,

5. all relevant correspondence relating to the aircraft,

6. details of any exemption and enforcement action(s),

7. any document directly approved by the competent authority as referred to in M.B. Subpart B.

(e) The records specified in paragraph (d) shall be retained until two years after the aircraft has been permanently withdrawn from service.

(f) All records specified in M.B.104 shall be made available upon request by another Member State or the Agency.

M.A.105 Mutual exchange of information

(a) In order to contribute to the improvement of air safety, the competent authorities shall participate in a mutual exchange of all necessary information in accordance with Article 11 of the basic Regulation.

(b) Without prejudice to the competencies of the Member States, in the case of a potential safety threat involving several Member States, the concerned competent authorities shall assist each other in carrying out the necessary oversight action.

SUBPART B

ACCOUNTABILITY

M.B.201 Responsibilities

The competent authorities as specified in M.1 are responsible for conducting inspections and investigations in order to verify that the requirements of this Part are complied with.

SUBPART C

CONTINUING AIRWORTHINESS

M.B.301 Maintenance programme

(a) The competent authority shall verify that the maintenance programme is in compliance with M.A.302.

(b) Except where stated otherwise in M.A.302(e) the maintenance programme and its amendments shall be approved directly by the competent authority.

(c) In the case of indirect approval, the maintenance programme procedure shall be approved by the competent authority through the continuing airworthiness management exposition.

(d) In order to approve a maintenance programme according to paragraph (b), the competent authority shall have access to all the data required in M.A.302(c) and (d).

M.B.302 Exemptions

All exemptions granted in accordance with Article 10(3) of the basic Regulation shall be recorded and retained by the competent authority.

M.B.303 Aircraft continuing airworthiness monitoring

(a) Every competent authority shall develop a survey programme to monitor the airworthiness status of the fleet of aircraft on its register.

(b) The survey programme shall include sample product surveys of aircraft.

(c) The programme shall be developed taking into account the number of aircraft on the register, local knowledge and past surveillance activities.

(d) The product survey shall focus on a number of key risk airworthiness elements and identify any findings. Furthermore, the competent authority shall analyse each finding to determine its root cause.

(e) All findings shall be confirmed in writing to the person or organisation accountable according to M.A.201.

(f) The competent authority shall record all findings, closure actions and recommendations.

(g) If during aircraft surveys evidence is found showing non-compliance to a Part-M requirement, the competent authority shall take actions in accordance with M.B.903.

(h) If the root cause of the finding identifies a non-compliance with any Subpart or with another Part, the non-compliance shall be dealt with as prescribed by the relevant Part.

M.B.304 Revocation, suspension and limitation

The competent authority shall:

(a) suspend an airworthiness review certificate on reasonable grounds in the case of potential safety threat, or;

(b) suspend, revoke or limit an airworthiness review certificate pursuant to M.B.303(g).

SUBPART D

MAINTENANCE STANDARDS

(to be developed as appropriate)

SUBPART E

COMPONENTS

(to be developed as appropriate)

SUBPART F

MAINTENANCE ORGANISATION

M.B.601 Application

Where maintenance facilities are located in more than one Member State the investigation and continued oversight of the approval shall be carried out in conjunction with the competent authorities designated by the Member States in whose territory the other maintenance facilities are located.

M.B.602 Initial Approval

(a) Provided the requirements of M.A.606(a) and (b) are complied with, the competent authority shall formally indicate its acceptance of the M.A.606(a) and (b) personnel to the applicant in writing.

(b) The competent authority shall establish that the procedures specified in the maintenance organisation manual comply with M.A Subpart F and ensure the accountable manager signs the commitment statement.

(c) The competent authority shall verify that the organisation is in compliance with the Part-M.A Subpart F requirements.

(d) A meeting with the accountable manager shall be convened at least once during the investigation for approval to ensure that he/she fully understands the significance of the approval and the reason for signing the commitment of the organisation to compliance with the procedures specified in the manual.

(e) All findings shall be confirmed in writing to the applicant organisation.

(f) The competent authority shall record all findings, closure actions (actions required to close a finding) and recommendations.

(g) For initial approval all findings shall be corrected by the organisation and closed by the competent authority before the approval can be issued.

M.B.603 Issue of approval

(a) The competent authority shall issue to the applicant an EASA Form 3 approval certificate (Appendix V) which includes the extent of approval, when the maintenance organisation is in compliance with the applicable paragraphs of this Part.

(b) The competent authority shall indicate the conditions attached to the approval on the EASA Form 3 approval certificate.

(c) The reference number shall be included on the EASA Form 3 approval certificate in a manner specified by the Agency.

M.B.604 Continuing oversight

(a) The competent authority shall keep and update a program listing for each M.A Subpart F approved maintenance organisations under its supervision, the dates when audit visits are due and when such visits were carried out.

(b) Each organisation shall be completely audited at periods not exceeding 24 months.

(c) All findings shall be confirmed in writing to the applicant organisation.

(d) The competent authority shall record all findings, closure actions (actions required to close a finding) and recommendations.

(e) A meeting with the accountable manager shall be convened at least once every 24 months to ensure he/she remains informed of significant issues arising during audits.

M.B.605 Findings

(a) When during audits or by other means evidence is found showing non-compliance to the Part-M requirement, the competent authority shall take the following actions:

1. For level 1 findings, immediate action shall be taken by the competent authority to revoke, limit or suspend in whole or in part, depending upon the extent of the level 1 finding, the maintenance organisation approval, until successful corrective action has been taken by the organisation.

2. For level 2 findings, the competent authority shall grant a corrective action period appropriate to the nature of the finding that shall not be more than three months. In certain circumstances, at the end of this first period and subject to the nature of the finding, the competent authority can extend the three month period subject to a satisfactory corrective action plan.

(b) Action shall be taken by the competent authority to suspend in whole or part the approval in case of failure to comply within the timescale granted by the competent authority.

M.B.606 Changes

(a) In the case of direct approval of amendments of the maintenance organisation manual, the competent authority shall verify that the procedures specified in the manual are in compliance with Part-M before formally notifying the approved organisation of the approval.

(b) In the case of indirect approval of amendments of the maintenance organisation manual, the competent authority shall ensure that it has an adequate control over the approval of all manual amendments.

(c) The competent authority may prescribe the conditions under which the M.A. Subpart F approved maintenance organisation may operate during such changes unless it determines that the approval should be suspended.

M.B.607 Revocation, suspension and limitation of an approval

The competent authority shall:

(a) suspend an approval on reasonable grounds in the case of potential safety threat, or;

(b) suspend, revoke or limit an approval pursuant to M.B.605.

SUBPART G

CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION

M.B.701 Application

(a) For commercial air transport the competent authority shall receive for approval with the initial application for the air operator's certificate and where applicable any variation applied for and for each aircraft type to be operated:

1. the continuing airworthiness management exposition;

2. the operator's aircraft maintenance programmes;

3. the aircraft technical log;

4. where appropriate the technical specification of the maintenance contracts between the operator and Part-145 approved maintenance organisation.

(b) Where facilities are located in more than one Member State the investigation and continued oversight of the approval shall be carried out in conjunction with the competent authorities designated by the Member States in whose territory the other facilities are located.

M.B.702 Initial approval

(a) Provided the requirements of M.A.706(a), (c), (d) and M.A.707 are complied with, the competent authority shall formally indicate its acceptance of the M.A.706(a), (c), (d) and M.A.707 personnel to the applicant in writing.

(b) The competent authority shall establish that the procedures specified in the continuing airworthiness management exposition comply with Part-M.A. Subpart G and ensure the accountable manager signs the commitment statement.

(c) The competent authority shall verify the organisation's compliance with M.A. Subpart G requirements.

(d) A meeting with the accountable manager shall be convened at least once during the investigation for approval to ensure that he/she fully understands the significance of the approval and the reason for signing the exposition commitment of the organisation to compliance with the procedures specified in the continuing airworthiness management exposition.

(e) All findings shall be confirmed in writing to the applicant organisation.

(f) The competent authority shall record all findings, closure actions (actions required to close a finding) and recommendations.

(g) For initial approval all findings shall be corrected by the organisation and closed by the competent authority before the approval can be issued.

M.B.703 Issue of approval

(a) The competent authority shall issue to the applicant an EASA Form 14 approval certificate (Appendix VI) which includes the extent of approval, when the continuing airworthiness management organisation is in compliance with M.A. Subpart G.

(b) The competent authority shall indicate the validity of the approval on the EASA Form 14 approval certificate.

(c) The reference number shall be included on the Form 14 approval certificate in a manner specified by the Agency.

(d) In the case of commercial air transport, the information contained on an EASA Form 14 will be included on the air operator's certificate.

M.B.704 Continuing oversight

(a) The competent authority shall keep and update a program listing for each M.A. Subpart G approved continuing airworthiness organisations under its supervision, the dates when audit visits are due and when such visits were carried out.

(b) Each organisation shall be completely audited at periods not exceeding 24 months.

(c) A relevant sample of the aircraft managed by the M.B. Subpart G approved organisation shall be surveyed in every 24 month period. The size of the sample will be decided by the competent authority based on the result of prior audits and earlier product surveys.

(d) All findings shall be confirmed in writing to the applicant organisation.

(e) The competent authority shall record all findings, closure actions (actions required to close a finding) and recommendations.

(f) A meeting with the accountable manager shall be convened at least once every 24 months to ensure he/she remains informed of significant issues arising during audits.

M.B.705 Findings

(a) When during audits or by other means evidence is found showing non-compliance to the Part-M requirement, the competent authority shall take the following actions:

1. For level 1 findings, immediate action shall be taken by the competent authority to revoke, limit or suspend in whole or in part, depending upon the extent of the level 1 finding, the continuing airworthiness management organisation approval, until successful corrective action has been taken by the organisation.

2. For level 2 findings, the competent authority shall grant a corrective action period appropriate to the nature of the finding that shall not be more than three months. In certain circumstances, at the end of this first period, and subject to the nature of the finding the competent authority can extend the three month period subject to a satisfactory corrective action plan.

(b) Action shall be taken by the competent authority to suspend in whole or part the approval in case of failure to comply within the timescale granted by the competent authority.

M.B.706 Changes

(a) In the case of direct approval of the amendments of continuing airworthiness management exposition, the competent authority shall verify that the procedures specified in the exposition are in compliance with Part-M before formally notifying the approved organisation of the approval.

(b) In the case of indirect approval of amendments of the continuing airworthiness management exposition, the competent authority shall ensure that it has an adequate control over the approval of all exposition amendments.

(c) The competent authority shall prescribe the conditions under which M.A. Subpart G approved continuing airworthiness management organisation may operate during such changes.

M.B.707 Revocation, suspension and limitation of an approval

The competent authority shall:

(a) suspend an approval on reasonable grounds in the case of potential safety threat, or;

(b) suspend, revoke or limit an approval pursuant to M.B.705.

SUBPART H

CERTIFICATE OF RELEASE TO SERVICE — CRS

(to be developed as appropriate)

SUBPART I

AIRWORTHINESS REVIEW CERTIFICATE

M.B.901 Assessment of recommendations

Upon receipt of an application and associated airworthiness review certificate recommendation in accordance with M.A.902(d):

1. Appropriate qualified personnel from the competent authority shall verify that the compliance statement contained in the recommendation demonstrates that a complete M.A.710 airworthiness review has been carried out.

2. The competent authority shall investigate and may request further information to support the assessment of the recommendation.

M.B.902 Airworthiness review by the competent authority

(a) When the competent authority decides to carry out the airworthiness review and issue the airworthiness review certificate EASA Form 15a (Appendix III), the competent authority shall carry out an airworthiness review in accordance with the prescriptions of M.A.710.

(b) The competent authority shall have appropriate airworthiness review staff to carry out the airworthiness reviews. These staff shall have acquired:

1. at least five years experience in continuing airworthiness, and;

2. an appropriate Part-66 licence or an aeronautical degree or equivalent, and;

3. formal aeronautical maintenance training, and;

4. a position with appropriate responsibilities.

(c) The competent authority 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.

(d) The competent authority shall have access to the applicable data as specified in M.A.305, M.A.306 and M.A.401 in the performance of the airworthiness review.

M.B.903 Findings

If during aircraft surveys or by other means evidence is found showing non-compliance to a Part-M requirement, the competent authority shall take the following actions:

1. for level 1 findings, the competent authority shall require appropriate corrective action to be taken before further flight and immediate action shall be taken by the competent authority to revoke or suspend the airworthiness review certificate.

2. for level 2 findings, the corrective action required by the competent authority shall be appropriate to the nature of the finding.

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ANNEX II

(Part-145)

145.1 General

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

1. for organisations having their principal place of business in a Member State, the authority designated by that Member State, or;

2. for organisations having their principal place of business located in a third country, the Agency.

SECTION A

145.A.10 Scope

This Section establishes the requirements to be met by an organisation to qualify for the issue or continuation of an approval for the maintenance of aircraft and components.

145.A.15 Application

An application for the issue or variation of an approval shall be made to the competent authority in a form and manner established by such authority.

145.A.20 Terms of approval

The organisation shall specify the scope of work deemed to constitute approval in its exposition (Appendix II to this Part contains a table of all classes and ratings).

145.A.25 Facility requirements

The organisation shall ensure that:

(a) 1. For base maintenance of aircraft, aircraft hangars are both available and large enough to accommodate aircraft on planned base maintenance;

2. For component maintenance, component workshops are large enough to accommodate the components on planned maintenance.

(b) Office accommodation is provided for the management of the planned work referred to in paragraph (a), and certifying staff so that they can carry out their designated tasks in a manner that contributes to good aircraft maintenance standards.

(c) The working environment including aircraft hangars, component workshops and office accommodation is appropriate for the task carried out and in particular special requirements observed. Unless otherwise dictated by the particular task environment, the working environment must be such that the effectiveness of personnel is not impaired:

1. temperatures must be maintained such that personnel can carry out required tasks without undue discomfort.

2. dust and any other airborne contamination are kept to a minimum and not be permitted to reach a level in the work task area where visible aircraft/component surface contamination is evident. Where dust/other airborne contamination results in visible surface contamination, all susceptible systems are sealed until acceptable conditions are re-established.

3. lighting is such as to ensure each inspection and maintenance task can be carried out in an effective manner.

4. noise shall not distract personnel from carrying out inspection tasks. Where it is impractical to control the noise source, such personnel are provided with the necessary personal equipment to stop excessive noise causing distraction during inspection tasks.

5. where a particular maintenance task requires the application of specific environmental conditions different to the foregoing, then such conditions are observed. Specific conditions are identified in the maintenance data.

6. the working environment for line maintenance is such that the particular maintenance or inspection task can be carried out without undue distraction. Therefore where the working environment deteriorates to an unacceptable level in respect of temperature, moisture, hail, ice, snow, wind, light, dust/other airborne contamination, the particular maintenance or inspection tasks must be suspended until satisfactory conditions are re-established.

(d) Secure storage facilities are provided for components, equipment, tools and material. Storage conditions ensure segregation of serviceable components and material from unserviceable aircraft components, material, equipment and tools. The conditions of storage are in accordance with the manufacturer's instructions to prevent deterioration and damage of stored items. Access to storage facilities is restricted to authorised personnel.

145.A.30 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. The accountable manager shall:

1. ensure that all necessary resources are available to accomplish maintenance in accordance with 145.A.65(b) to support the organisation approval.

2. establish and promote the safety and quality policy specified in 145.A.65(a).

3. demonstrate a basic understanding of this Part.

(b) The organisation shall nominate a person or group of persons, whose responsibilities include ensuring that the organisation complies with this Part. Such person(s) shall ultimately be responsible to the accountable manager.

1. The person or persons nominated shall represent the maintenance management structure of the organisation and be responsible for all functions specified in this Part.

2. The person or persons nominated shall be identified and their credentials submitted in a form and manner established by the competent authority.

3. The person or persons nominated shall be able to demonstrate relevant knowledge, background and satisfactory experience related to aircraft or component maintenance and demonstrate a working knowledge of this Part.

4. Procedures shall make clear who deputises for any particular person in the case of lengthy absence of the said person.

(c) The accountable manager under paragraph (a) shall appoint a person with responsibility for monitoring the quality system, including the associated feedback system as required by 145.A.65(c). The appointed person shall have direct access to the accountable manager to ensure that the accountable manager is kept properly informed on quality and compliance matters.

(d) The organisation shall have a maintenance man-hour plan showing that the organisation has sufficient staff to plan, perform, supervise, inspect and quality monitor the organisation in accordance with the approval. In addition the organisation shall have a procedure to reassess work intended to be carried out when actual staff availability is less than the planned staffing level for any particular work shift or period.

(e) The organisation shall establish and control the competence of personnel involved in any maintenance, management and/or quality audits in accordance with a procedure and to a standard agreed by the competent authority. In addition to the necessary expertise related to the job function, competence must include an understanding of the application of human factors and human performance issues appropriate to that person's function in the organisation. "Human factors" means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration of human performance. "Human performance" means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations.

(f) The organisation shall ensure that personnel who carry out and/or control a continued airworthiness non-destructive test of aircraft structures and/or components are appropriately qualified for the particular non-destr