6.7.2012 EN Official Journal of the European Union L 176/38
COMMISSION REGULATION (EU) No 593/2012
of 5 July 2012
amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks
(Text with EEA relevance)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Article 5(5) thereof,
Whereas:
(1) While maintaining a high uniform level of aviation safety in Europe, Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances as well as for the certification of design and product organisations (2) was amended to subject non-complex motor-powered aircraft, recreational aircraft and related products, parts and appliances to measures that are proportionate to their simple design and type of operation.
(2) Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and of aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (3) should be amended to remain consistent with the changes introduced to Regulation (EC) No 1702/2003, in particular with regard to the new definition of ELA1 aircraft and the possibility to accept certain not safety critical parts for installation without an EASA Form 1.
(3) The European Aviation Safety Agency (hereinafter ‘the Agency’) prepared draft implementing rules and submitted them as its opinion No 01/2011 on ‘ELA process and standard changes and repairs’ to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,
Regulation (EC) No 2042/2003 is amended as follows:
(1) in Article 2, point (k) is replaced by the following:
‘(k) “ELA1 aircraft” means the following manned European light aircraft:
(i) an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft;
(ii) a sailplane or powered sailplane of 1 200 kg MTOM or less;
(iii) a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air balloons, 1 050 m3 for gas balloons, 300 m3 for tethered gas balloons;
(iv) an airship designed for not more than four occupants and a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air airships and 1 000 m3 for gas airships.’;
(2) Annex I (Part-M) and Annex II (Part-145) are amended in accordance with the Annex to this Regulation.
This Regulation shall enter into force the twentieth day following that of 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.