Commission Regulation (EC) No 707/2006 of  8 May 2006  amending Regulation (EC) No 2042/2003 as regards approvals of a limited duration and Annexes I and III   (Text with EEA relevance)
Date: 2006-05-08
Institutions: European Commission
Subjects: Community certification, air safety, aircraft, harmonisation of standards, maintenance, technical standard, vocational training

9.5.2006

EN

Official Journal of the European Union

L 122/17

COMMISSION REGULATION (EC) No 707/2006

of 8 May 2006

amending Regulation (EC) No 2042/2003 as regards approvals of a limited duration and Annexes I
and III

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 1592/2002 of
the
European Parliament and of the Council of 15 July 2002 on
common rules in the field of civil aviation and establishing a
European Aviation Safety Agency (1), and in particular Articles
5(4) and 6(3) thereof,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 1592/2002 was implemented by
Commission Regulation (EC) No 2042/2003 of 20
November 2003 on the continuing airworthiness of
aircraft and aeronautical products, parts and appliances,
and on the approval of organisations and personnel
involved in these tasks (2) as well as by Regulation (EC)
No 1702/2003 of 24 September 2003 laying down
implementing rules for the airworthiness and environ-
mental certification of aircraft and related products,
parts and appliances, as well as for the certification of
design and production organisations (3).

Article 7(4) of Regulation (EC) No 2042/2003 establishes
that Member States may issue approvals of a limited
duration until 28 September 2005, with regard to its
Annexes II and IV.

The European Aviation Safety Agency
(hereinafter
referred to as the Agency) has undertaken an evaluation
of the implication of the provisions for the duration of
the validity of approvals and concluded that a new
deadline should be established so that Member States
can adapt
legislation to the system of
approvals of unlimited duration.

their national

(4)

The results of conclusions of the investigation of past
accidents, regarding ageing aircraft and fuel tank safety,
emphasise the need to take into account new or modified

maintenance instructions promulgated by the Type Certi-
ficate holder and to carry out regular reviews of the
maintenance programme.

It is necessary to specify that personnel exercising certi-
fication privileges should be able to produce their licence
as evidence of qualification if requested by an authorised
person within 24 hours.

Regulation (EC) No 2042/2003 should therefore be
amended accordingly.

The measures provided for in this Regulation are based
on opinions issued by the European Aviation Safety
Agency in accordance with Articles 12(2)(b) and 14(1)
of Regulation (EC) No 1592/2002.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee estab-
lished
by Article 54(3) of Regulation (EC) No
1592/2002,

(5)

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2042/2003 is amended a follows:

1.

in Article 7, paragraph (4) ‘28 September 2005’ is replaced
by ‘28 September 2007.’;

2.

in Annex I, paragraph M.A.302, the following points (f) and
(g) are added:

(1) OJ L 240, 7.9.2002, p. 1. Regulation as

(EC) No 1701/2003 (OJ

last amended by
L 243,

Commission Regulation
27.9.2003, p. 5).

(2) OJ L 315, 28.11.2003, p. 1.
(3) OJ L 243, 27.9.2003, p. 6. Regulation as amended by Regulation

(EC) No 381/2005 (OJ L 61, 8.3.2005, p. 3).

‘(f) The maintenance programme must be

to
periodic reviews and amended when necessary. The
reviews will ensure that the programme continues to
be valid in light of operating experience whilst taking
into
new and/or modified maintenance
instructions promulgated by the Type Certificate holder.

account

subject

L 122/18

EN

Official Journal of the European Union

9.5.2006

(g) The maintenance programme must

reflect applicable
mandatory
in
addressed
documents issued by the Type Certificate holder to
comply with Part 21A.61.’;

requirements

regulatory

‘66.A.55 Evidence of qualification

Personnel exercising certification privileges must produce their
licence, as evidence of qualification, if requested by an authorised
person, within 24 hours.’

Article 2

3.

in Annex III, the following paragraph is inserted:

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

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

Done at Brussels, 8 May 2006.

For the Commission

Jacques BARROT
Vice-President