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Module 10

The document discusses the regulatory framework for aviation legislation in the EU including the roles of EASA, ICAO, and member states. It provides details on certification requirements and standards for aircraft, maintenance organizations, air operators, and certifying staff.
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0% found this document useful (0 votes)
381 views540 pages

Module 10

The document discusses the regulatory framework for aviation legislation in the EU including the roles of EASA, ICAO, and member states. It provides details on certification requirements and standards for aircraft, maintenance organizations, air operators, and certifying staff.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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MODULE 10.

AVIATION LEGISLATION

1. Regulatory Framework
Role of International Civil Aviation Organisation;
Role of EASA;
Role of the Member States;
Relationship between Part-145, Part-66, Part-147 and Part-M;
Relationship with other Aviation Authorities.

2. Part-66 Certifying Staff Maintenance


Detailed understanding of Part-66.

3. Part-145 Approved Maintenance Organisations


Detailed understanding of Part-145.

4. U-OPS
Commercial Air Transport/Commercial Operations
Air Operators Certificates;
Operators Responsibilities, in particular regarding continuing
airworthiness and maintenance;
Documents to be carried on board;
Aircraft Placarding (Markings);

5. Aircraft Certification
General
Certification rules: such as EACS 23/25/27/29;
Type Certification;
Supplemental Type Certification;
Part-21 Design/Production Organisation Approvals.
Documents
Certificate of Airworthiness;
Certificate of Registration;
Noise Certificate;
Weight Schedule;
Radio Station Licence and Approval.

6. Part-M
Detailed understanding of Part-M.
THE INTERNATIONAL CIVIL AVIATION ORGANISATION (ICAO)

1.1.1 Status. ICAO, created by the Chicago Convention, is an inter-


governmental organisation, which has become a specialised agency in relationship with
the United Nations. The headquarters of ICAO is in Montreal and it provides the
machinery to achieve standardisation and agreement between Contracting States of all
technical, economic and legal aspects of international civil aviation.

1.1.2 ICAO Aims and Objectives. The aims and objectives of ICAO are to
develop the principles and techniques of international civil air navigation and to foster the
planning and development of international air transport so as to:

a. Ensure the safe and orderly growth of international civil aviation


throughout the world.

b. Encourage arts of aircraft design and operation.

c. Encourage the development of airways, airports and air navigation

facilities.

d. Meet the need for safe, regular, efficient and economical air

transport.

e. Prevent waste caused by unreasonable competition.

f. Ensure the rights of Contracting States are fully respected.

g. Avoid discrimination between Contracting States.

h. Promote the safety of flight in international aviation.

i. Generally promote all aspect of international civil aeronautics.

THE ORGANISATION OF ICAO

1.2.1 The Assembly. The sovereign body of ICAO, the Assembly, meets at least
once every three years and is convened by the Council. Each Contracting State is entitled
to one vote and decisions of the Assembly are by majority vote of the 185 Contracting
States.

1.2.2 The Council. The Council of ICAO is a permanent body responsible to the
Assembly and is composed of 33 Contracting States elected by the Assembly for a three-year
term.
The Council is the governing body of ICAO.
1.2.3 The Commissions and Committees of ICAO are composed of members,
appointed by the Council, from nominations of Contracting states or elected from amongst
Council members. They are:

a. The Air Navigation Commission.

b. The Air Transport Committee.

c. The Legal Committee.

d. The Committee on Joint Support of Air Navigation Services.

e. The Personnel Committee.

f. The Finance Committee.

g. The Committee on Unlawful Interference

1.2.4 The ICAO Secretariat is divided into sections, each corresponding to a


Committee, and supplies technical and administrative aid to the Council. It is headed by a
Secretary-General, appointed by the Council, and is divided into five main divisions:

a. Air Navigation Bureau.

b. Air Transport Bureau.

c. Technical Assistance Bureau.

d. Legal Bureau.

e. Bureau of Administration and Services.


REGIONAL STRUCTURE OF ICAO

1.3.1 Regions and Offices. ICAO maintains seven regional offices: Bangkok, Cairo,
Dakar,
Lima, Mexico City, Nairobi and Paris. Each regional office is accredited to a
group of Contracting States (making up nine recognised geographic
regions) and the main function of regional offices is maintaining,
encouraging, assisting, expediting and following-up the implementation of
air navigation plans. The nine geographic regions are:

AFI Africa - Indian Ocean NAM North America ASIA Asia


CAR Caribbean NAT North Atlantic
EUR Europe PAC Pacific
MID Middle East SAM South America

1.3.2 The Need for a Regional Structure. In dealing with international civil
aviation, there are many subjects which ICAO considers on a regional basis as
well as on a worldwide cale. In order to facilitate:

a. the planning of facilities and services


b. the formulation of supplementary procedures to support increases
in traffic density
c. new air routes
d. the introduction of new types of aircraft

REGIONAL STRUCTURE AND OFFICES

1.4.1. Regional Air Navigation (RAN) meetings are held periodically to


consider the requirements of air operations within specified geographic areas. The
plan, which emerges from a regional meeting, is so designed that, when the states
concerned implement it, it will lead to an integrated, efficient system for the
entire region and contribute to the global system. In addition to the duties detailed
above, the regional offices are responsible for keeping the regional plans up to date.

1.4.2. Financial Assistance. Through the regional offices, financial assistance is


provide to assist states in specific circumstances. The provision of air traffic control,
navigation aids and meteorological services in Greenland and Iceland are examples of
this specific aid, where due to the intense air traffic using the airspace of those states
such expenditure is disproportionate to the gross national product of those states.

ICAO PUBLICATIONS

1.5.1. One of the major duties of the ICAO Council is to adopt International
Standards and Recommended Practices (SARPS) and incorporate these as annexes to the
Convention on International Civil Aviation. There are now 18 annexes to the 1944
convention which are constantly under review to ensure that the content realistically
meets the requirements of civil aviation now. You are required to be able to identify the
annex and content. The 18 annexes are:
Annex 1) Personnel Licensing
Annex 2) Rules of the Air
Annex 3) Meteorological Services for International Air Navigation
Annex 4) Aeronautical Charts
Annex 5) Units of Measurement to be used in Air and Ground Operations
Annex 6) Operation of Aircraft
Annex 7) Aircraft Nationality and Registration Marks
Annex 8) Airworthiness of Aircraft
Annex 9) Facilitation
Annex 10) Aeronautical Telecommunications
Annex 11) Air Traffic Services
Annex 12) Search and Rescue
Annex 13) Aircraft Accident Investigations
Annex 14) Aerodromes
Annex 15) Aeronautical Information Services
Annex 16) Environmental Protection
Annex 17) Security - Safeguarding International Civil Aviation Against
Acts of Unlawful Interference
Annex 18) The Safe Transport of Dangerous Goods by Air

1.5.2 Other major publications. In addition to the Annexes to the Chicago


Convention (above) which detail the SARPS, other publications by ICAO
include:

a. PANS OPS (Doc 8168). Procedures for Air Navigation - Aircraft


Operations. This publication (in two parts) describes the Operational
Procedures (Procedures For Air Navigation - PANS) recommended for
the guidance of flight operations personnel (Vol 1) and procedures for
specialists in the essential areas of obstacle clearance requirements for
the production of instrument flight charts (approach plates) (Vol 2).

Note: PANS are approved by the Council, unlike SARPS which are adopted
by the Council.

b. PANS ATM (Doc 4444), Procedures for Air Navigation - Air


Traffic Management. Used to be called PANS RAC.

c. Regional Supplementary Procedures (Doc 7030/4). Where


navigational procedures, which differ from the worldwide procedures,
are deemed necessary for a specific geographic region by the
appropriate Regional Air Navigation Meeting, such procedures are
recorded in the relevant region section of Doc 7030/4, and are
known as Regional Supplementary Procedures (SUPPS). As in
the case of PANS, SUPPS are approved by the Council, but only for
regional
use.
1.5.3 Information publications. ICAO publishes a variety of other publications in
the form of circulars, pamphlets, manuals and the ICAO Journal, which cover technical,
economic and legal subjects. In addition to the Annexes, PANS and SUPPS, ICAO also
produces Training Manuals and videos, Regional Air Navigation Plans, Aircraft Accident
Digests, a lexicon of terms used in international civil aviation, Digests of Statistics and
documents of the Legal Committee.
Th EASA S
The System
t

EASA Rules Seminar


Overview of EASA Rulemaking Process
Le Bourget
Bourget, 16 October 2008
European Aviation Safety Agency

AGENDA

I The institutional
I. i tit tio l and
d regulatory
e l to framework
f e o k
II. The EASA Rulemaking procedure
III. Differences with the JAA system
IV. Structure of future EASA rules

Slide 2
European Aviation Safety Agency

I. The institutional and regulatory framework

Slide 3
European Aviation Safety Agency

Institutional
i i l framework
f k

European Community (EC) Agency


Legal personality
Independence
Legal, administrative and financial autonomy.

Vision:
EU citizens should benefit from the safest and the
most environmentally friendly civil aviation system in
the world.
Mission:
Our mission is to promote the highest common
standards of civil aviation safety and environmental
protection in Europe and worldwide.
Slide 4
European Aviation Safety Agency

I tit ti
Institutional
l framework
f k

Objectives of the Agency:

establish and maintain a high uniform level of


aviation safety in Europe;
ensure a high
hi h uniform
if level
l l off environmental
i t l
protection;
promote cost efficiency
p y in the regulatory
g ypprocess,,
assist Member States in fulfilling their ICAO
obligations;
promotet Community
C it views
i through
th h co-operation
ti with
ith
third countries and international organisations.

Slide 5
European Aviation Safety Agency

Institutional framework:
EASA governance scheme
European Commission
Switzerland
Liechtenstein Switzerland

Member State Member State Member State


Norway
Observers

Iceland
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Management Board Agency


Agency Advisory
Board

Board(s) of Appeal

Panels
l off
Experts

Executive Director

Safety Standards Advisory Group of


Consultative Committee National Authorities

Slide 6
European Aviation Safety Agency

Institutional framework:
EASA structure

Executive Director
P. Goudou

Plans and Programmes Communications

Internal Audit and Safety Analysis and


Quality Research

Policy Officers Legal Service

Approvals &
Rulemaking Certification Administrative
Standardisation
J. Kneepkens N. Lohl M. Junkkari
F. Banal
Process Support Standardisation Finance
Products
& Procurement
Environmental
Protection Organisations Human Resources
Experts
p
Products Safety
Technical Training ICT
Flight Standards
Flight Standards
SAFA Coordination Corporate Services
International Policy and Planning
Cooperation

Slide 7
European Aviation Safety Agency

Regulatory framework

The principles

DECENTRALISATION IS THE RULE...


RULE

The EC Treaty is based on the principle that the


Community acts as a legislator,
legislator while Member States
apply Community law under Community control.

Community law is directly applicable (full part of Member


States legal order).

Legal remedies for individuals and enforcement means


are provided by Member States judicial systems.

Slide 8
European Aviation Safety Agency

R l t
Regulatory f k
framework

The principles

CENTRALISATION THE EXCEPTION

The EC Treaty provides however for the delegation of


executive powers to the Commission (hard law) or an
executive agency (soft law)
In such cases:
Delegated powers shall be strictly defined to allow
judicial control of executive acts
Judicial remedies available to individuals and
enforcement means shall be specified when
delegated powers allow individual decisions

Slide 9
European Aviation Safety Agency

Regulatory framework:
the Basic Regulation

The Parliament and the Council


define the Scope of Powers transferred from the
Member States to the Community.
Community
adopt the Essential Requirements specifying the
objectives to be met

The Commission
adopts
p standards for implementing
p g the essential
requirements.

The Agency
adopts non binding standards for implementing the
essential requirements

Slide 10
European Aviation Safety Agency

Regulatory framework:
present regulations structure

Basic Regulation ER : Agency


Annexes I to V Opinion
Regulation (EC) 216/2008 of 20/02/2008

Regulation (EC) 1702/2003 on Regulation (EC) 2042/2003 Agency


Airworthiness and Environmental on Continuing Airworthiness Opinion
Certification
Annex I (Part-M): Section A: Technical
Continuing Airworthiness Requirements

Section A: Application Requirements Section B: Administrative


Requirements Procedures

Section B: administrative Annex II (Part-145): Appendices: EASA forms


Annex (Part 21) Procedures Maintenance Organisation
Appendices: EASA forms Approvals

Annex III (Part-66):


Certifying Staff

Annex IV (Part-147):
Training Organisation
Requirements

Guidance Certification AMC &


Material Specifications Guidance Agency
M t i l
Material
Part 21 AMC CS AWO CS 22 CS ,
20 CS ETSO CS 23
AMC CS Definitions CS 27
Part M,
145,66,147 AMC &
21 CS 29
CS 25 CS VLA GM
CS 34 CS VLR
Parliament and Council CS 36
CS E
CS P
European Commission CS
APU
EASA
Slide 11
European Aviation Safety Agency

Regulatory
R l t framework:
f k
division of competences

The Commission:

adopts implementing rules (Commission Regulations


1702/2003 and 2042/2003)

oversees the implementation of common rules by


NAAs, including use of safeguard provisions (art. 14 of
EASA Regulation)

negotiates international agreements

Slide 12
European Aviation Safety Agency

Regulatory
R l t framework:
f k
division of competences

The Agency:

develops opinions for common rules (Basic


Regulation and implementing rules)

adopts material for the application of common rules


(certification specifications, airworthiness codes,
acceptable
t bl means off compliance
li and
d guidance
id material)
t i l)

acts as focal point vis


vis--vis
vis third countries and
international organisations for the harmonisation of
rules and the recognition / validation of certificates

Slide 13
European Aviation Safety Agency

Regulatory
R l t framework:
f k
division of competences

Member States National Aviation Authorities:

provide expertise as appropriate for rulemaking


tasks;

develop national administrative rules for the


implementation and enforcement of common rules
(administrative procedures)

may take action on a case by case basis if so required


to ensure safety or appropriate operational flexibility
(safeguards)
(safeguards).

Slide 14
European Aviation Safety Agency

Regulatory framework:
division of executive powers

Ratings, AeMC
PL certificates MC ATO FSTD OPS

EASA
country MS
S MS
S MS
S MS
S MS
S1 MS
S MS
S

Non-
EASA MS MS MS EASA EASA EASA EASA
country

1) EASA, when requested by a MS

Slide 15
European Aviation Safety Agency

II. The EASA Rulemaking procedure

Slide 16
European Aviation Safety Agency

EASA R
Rulemaking
l ki P
Procedure
d

Phase 1: Programming
Annual Rulemaking Programme
Advance Planning

Phase 2: Processing of rulemaking deliverables


Opinions, Certification specifications, Acceptable
Means of Compliance and Guidance material

Slide 17
European Aviation Safety Agency

R l
Rulemaking
ki process flowchart
fl h t
Rulemaking
Programme

D
R Initiation
A
F several months
T
Drafting

Consultation
3 months

N
P
A Review of Comments 3 months (max)

Publication of CRD
A
D 2 months
O
P
ED Decision
T
I
O
N Publication

Slide 18
European Aviation Safety Agency

III. Differences with the JAA system

Slide 19
European Aviation Safety Agency

Diff
Differences ith the
with th JAA system
t

For Rulemaking :

As EASA implementing rules are binding in their entirety


(not minimum standards nor recommended practices),
they shall be less prescriptive to provide for flexibility
(performance based).
based)

To p
provide for uniformity,
y, Acceptable
p Means of
Compliance have to be issued and deviations thereto
controlled by the Agency.

As a consequence, some rule material included in


Sections 1 of JARs was downgraded to AMC.

Slide 20
European Aviation Safety Agency

Diff
Differences with
ith the
th JAA system
t

For Rulemaking (cont.):

Because the scope of the EASA system extends well


beyond that of the JAA (ex: JAR-FCL only applies to
aeroplanes and helicopters
helicopters, EASA rules shall cover all
other aircraft); and

Because drafting principles of Community law require


that a requirement applicable to various persons be
set in a single text

It is not possible to have one rule per type of activity


or aircraft
Slide 21
European Aviation Safety Agency

Diff
Differences with
ith the
th JAA system
t

For Rulemaking (cont.):


The Agency proposals also contain differences in the
d fti
drafting style
t l resulting
lti from
f the
th application
li ti off EU
principles.
Community legislative acts shall be drafted clearly,
simply and precisely. The drafting of a legislative act must
be:
clear,
l easy to
t understand
d t d and d unambiguous;
bi
simple, concise, containing no unnecessary
elements;;
precise, leaving no uncertainty in the mind of the
reader.

Slide 22
European Aviation Safety Agency

Diff
Differences with
ith the
th JAA system
t

For Member States:


Because of the nature of the EC, Member States may no
more:
deviate from common rules - except in the case of
art. 14 of the Basic Regulation

impose additional requirements - to ensure a level


playing field and no discrimination

conclude international arrangements with third


countries - transfer of competence produces effects
also for international competence

Slide 23
European Aviation Safety Agency

IV. Structure of future EASA rules

Slide 24
European Aviation Safety Agency

EASA Rule
R l Structure
St t (1st step)
t )

Authority GEN
Requirements
AeMC MED ATO FCL CC OPS

Organisations GEN
Requirements
AeMC ATO OPS

Performance MED FCL CC OPS


Standards

Slide 25
European Aviation Safety Agency

EASA Rule
R l Structure
St t (2nd step)
t )

Authority GEN
Requirements
AeMC MED ATO Licensing
g CC OPS 145 etc

Organisations GEN
Requirements
AeMC ATO OPS 145 etc

Performance MED 147 FCL 66 CC OPS 145 etc


Standards

Slide 26
European Aviation Safety Agency

NPA Structure
NPAs St t

Authority GEN
Requirements
AeMC MED ATO FCL CC OPS

Organisations GEN
Requirements
AeMC ATO OPS

Performance MED FCL CC OPS


Standards

Slide 27
European Aviation Safety Agency

NPA Planning
Pl i
End of Opinion Publication
Publication
Title Comment to Official
Date
Period Commission Journal

Pilot Licensing
05 Jun 2008 15 Dec 2008 Jun 2009 Jan 2010
NPA 2008-17(a)-(c)

Organisation & Authority


Requirements
31 Oct 2008 31 Jan 2009 Jul 2009 Feb 2010
(general elements and those
related to NPA-2008-17)

Air Operations;
Organisation & Authority
28 Nov 2008 Requirements 28 Feb 2009 Aug 2009 Mar 2010
(elements related to air
operations)

Operational Suitability
28 Nov 2008 28 Feb 2009 Aug 2009 Mar 2010
Certificate

15 Dec 2008 Third Country Operators 15 Mar 2009 Aug 2009 Mar 2010

Slide 28
European Aviation Safety Agency

Workshops
Date Title Venue

9 10 Oct Management Systems and Cologne,


Cologne
2008 Authority Requirements Germany

5 6 Nov Cologne,
g ,
Air Operations
2008 Germany

tentatively: Operational Suitability Cologne,


1 2 Dec
1-2 D 2008 C tifi t
Certificate G
Germany

tentatively: Cologne,
Third Country Operators
4 Feb
F b 2009 G
Germany

Slide 29
European Aviation Safety Agency

Th NPAs
The NPA

The NPAs:
will be published on the Agencys website
4 www.easa.europa.eu

4 Anyone can comment!

please send your comments using the Comment


Response Tool (CRT)
4 http://hub.easa.europa.eu/crt/

Slide 30
European Aviation Safety Agency

Thank you
for your attention

Slide 31
Course Syllabus (Exam Ref.E.216-001)
Rev: 05.03.2009

Regulation (EC) No 216/2008


Basic Regulation
Establishing a European Aviation Safety Agency, and repealing Council Directive
91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC

Overview course

Basic Regulation 216/2008 Overview Course


EASA Technical Training rev 05.03.2009 Page 1 of 97
Contents:

A. The EU legal framework - Principles

B. Structure of the EU regulatory system

C. General structure of Regulation (EC) No 216/2008 applicable to General course

D. Detailed contents and level of detail expected (Full contents / Specific paragraphs /
Overview)

Basic Regulation 216/2008 Overview Course


EASA Technical Training rev 05.03.2009 Page 2 of 97
A. THE EU LEGAL FRAMEWORK - PRINCIPLES

The Community being a supranational organisation, Member States may no more:


Deviate from common rules.
Impose additional requirements.
or
Conclude arrangements with third countries.

Legislative powers

The Legislator, through the Basic Regulation:


Defines the scope of powers transferred to the Community (the products, organizations and personnel that will be regulated by the
Community to protect public interest)
Adopts the essential requirements specifying the objectives to be met (the obligations and means to reach the desired level of
protection)
Distributes the executive tasks among the executive agents
Establishes the means of judicial control when executive powers are given to Community bodies

Executive powers

Certification is carried out:


By the Agency (when centralized action is more efficient).
By the National Aviation Authorities (Commission oversight through the Agency).

Judicial powers

Oversight and enforcement are carried out by the national systems, under the supervision of national Courts
The interpretation of Community law is made by the Court of Justice of the European Community.

The Agency:

Drafts common rules (EASA Regulation and implementing rules)


Adopts material for the implementation of common rules (airworthiness codes, interpretation and guidance material)
Issues type certificates (TC, STC,), approves organisations (DOA and, outside the European territory, POA, MOA), ensures their
continued oversight
Oversees the application of rules by the Member States and recommends the necessary enforcement actions to the Commission
Acts as a focal point for third countries and international organizations for the harmonisation of rules and the recognition / validation of
certificates
Basic Regulation 216/2008 Overview Course
EASA Technical Training rev 05.03.2009 Page 3 of 97
The Member States (NAAS):

Provide expertise as appropriate for rulemaking tasks


Develop national administrative rules for the implementation and enforcement of common rules (administrative procedures)
May take action on a case by case basis if so required to ensure safety or appropriate operational flexibility (safeguards)
Approve organisations in their territory (except DOs)
Issue certificates for individual products on their registry
Issue personnel licences for aircraft maintenance certifying staff (Part-66)

B. STRUCTURE OF THE EU REGULATORY SYSTEM

a) BASIC REGULATION

The Parliament and the Council define the Scope of Powers transferred from the Member States to the Community
They adopt the Essential Requirements specifying the objectives to be met
The Basic Regulation was adopted by the European Parliament and the Council, according to the co-decision procedure
It defines the scope of Community competence
It establishes the objectives and principles of Community action
It establishes the division of regulatory and executive powers between the Agency, the European Institutions and the Member States

b) IMPLEMENTING RULES

The Commission adopts standards for implementing the essential requirements


The Implementing Rules were adopted by the Commission, according to the comitology procedure
They establish common standards in the fields of airworthiness, continuing airworthiness and environmental protection that:
Fulfil the objectives and principles established in the Essential Requirements
Are in compliance with ICAO SARPs
They define the Competent Authority for the executive functions and establish rules and procedures for its implementation

c) 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.

Basic Regulation 216/2008 Overview Course


EASA Technical Training rev 05.03.2009 Page 4 of 97
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION HAVE ADOPTED REGULATION 216/2008

Having regard to the Treaty establishing the European Community, and in particular Article 80(2).

Whereas:

(1) A high and uniform level of protection of the European citizen should at all times be ensured in civil aviation, by the adoption of common
safety rules and by measures ensuring that products, persons and organisations in the Community comply with such rules and with those
adopted to protect the environment. This should contribute to facilitating the free movement of goods, persons and organisations in the
internal market. Overview

(2) In addition, third-country aircraft operated into, within or out of the territory where the Treaty applies should be subject to appropriate
oversight at Community level within the limits set by the Convention on International Civil Aviation, signed in Chicago on 7 December 1944
(the Chicago Convention), to which all Member States are parties. Overview

(3) The Chicago Convention already provides for minimum standards to ensure the safety of civil aviation and environmental protection
relating thereto. Community essential requirements and rules adopted for their implementation should ensure that Member States fulfil the
obligations created by the Chicago Convention, including those vis--vis third countries. Overview

(4) The Community should lay down, in line with standards and recommended practices set by the Chicago Convention, essential
requirements applicable to aeronautical products, parts and appliances, to persons and organisations involved in the operation of aircraft,
and to persons and products involved in the training and medical examination of pilots. The Commission should be empowered to develop
the necessary implementing rules. Overview

(5) It would not be appropriate to subject all aircraft to common rules, in particular aircraft that are of simple design or operate mainly on a
local basis, and those that are home-built or particularly rare or only exist in a small number; such aircraft should therefore remain under
the regulatory control of the Member States, without any obligation under this Regulation on other Member States to recognise such
national arrangements. However, proportionate measures should be taken to increase generally the level of safety of recreational aviation.
Consideration should in particular be given to aeroplanes and helicopters with a low maximum take-off mass and whose performance is
increasing, which can circulate all over the Community and which are produced in an industrial manner. They therefore can be bette
regulated at Community level to provide for the necessary uniform level of safety and environmental protection. Overview

Basic Regulation 216/2008 Overview Course


EASA Technical Training rev 05.03.2009 Page 5 of 97
(6) The scope of Community action should be clearly defined so that persons, organisations and products subject to this Regulation and its
implementing rules can be identified without ambiguity. Such scope should be clearly defined by referring to a list of aircraft which are
exempted from the application of this Regulation. Overview

(7) Aeronautical products, parts and appliances, operators involved in commercial air transport, as well as pilots and persons, products and
organisations involved in their training and medical examination, should be certified or licensed once they have been found to comply with
essential requirements to be laid down by the Community in line with standards and recommended practices set by the Chicago Convention.
The Commission should be empowered to develop the necessary implementing rules for establishing the conditions for the issue of the
certificate or the conditions for its replacement by a declaration of capability, taking into account the risks associated with the different types
of operations, such as certain types of aerial work and local flights with small aircraft. Overview

(8) For non-commercial operations, the operational and licensing rules should be tailored to the complexity of the aircraft and a related
definition should be set out. Overview

(9) The privileges associated with the leisure pilot licence should be limited by the training received to obtain the related ratings, in
accordance with the implementing rules. Overview

(10) In order to achieve Community objectives as regards the freedom of movement of goods, persons and services, as well as those of the
common transport policy, Member States should, without further requirements or evaluation, accept products, parts and appliances,
organisations or persons certified in accordance with this Regulation and its implementing rules. Overview

(11) Enough flexibility should be provided for addressing special circumstances such as urgent safety measures, unforeseen or limited
operational needs. Provision should also be made for reaching an equivalent safety level by other means. Member States should be entitled
to grant exemptions from the requirements of this Regulation and its implementing rules, provided that they are strictly limited in scope and
subject to appropriate Community control. Overview

(12) There is a need for better arrangements in all the fields covered by this Regulation so that certain tasks currently performed at
Community or national level should be carried out by a single specialised expert body. There is, therefore, a need within the Community's
existing institutional structure and balance of powers to establish a European Aviation Safety Agency (hereinafter referred to as the Agency)
which is independent in relation to technical matters and has legal, administrative and financial autonomy. To that end, it is necessary and
appropriate that it should be a Community body having legal personality and exercising the implementing powers which are conferred on it
by this Regulation. Overview

(13) Under the Community institutional system, implementation of Community law is primarily the responsibility of the Member States. Full
contents

Certification tasks required by this Regulation and its implementing rules are therefore to be executed at national level. In certain clearly
defined cases, however, the Agency should also be empowered to conduct certification tasks as specified in this Regulation. The Agency

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should, for the same reason, be allowed to take the necessary measures related to the operation of aircraft, the qualification of crew o the
safety of third-country aircraft when this is the best means to ensure uniformity and facilitate the functioning of the internal market.
Overview

(14) Regulation (EC) No 2111/2005 (1) imposes a duty on the Agency to communicate all information that may be relevant for the updating
of the Community list of air carriers which, for safety reasons, are subject to an operating ban in the Community. If the Agency refuses to
grant an authorisation to an air carrier under the terms of this Regulation, it should pass on to the Commission all
relevant information on which this refusal was based, so that the name of the air carrier may be entered, if necessary, on that list.
Overview

(15) The effective functioning of a Community civil aviation safety scheme in the fields covered by this Regulation requires strengthened
cooperation between the Commission, the Member States and the Agency to detect unsafe conditions and take remedial measures as
appropriate. Overview

(16) The promotion of a culture of safety and the proper functioning of a regulatory system in the fields covered by this Regulation require
that incidents and occurrences be spontaneously reported by the witnesses thereto. Such reporting would be facilitated by the establishment
of a non-punitive environment, and appropriate measures should be taken by Member States to provide for the protection of such
information and of those who report it. Overview

(17) Results of air accident investigations should be acted upon as a matter of urgency, in particular when they relate to defective aircraft
design and/or operational matters, in order to ensure consumer confidence in air transport. Overview

(18) To help achieve the safety objectives of this Regulation, the Community should be given powers to impose financial penalties on
holders of certificates and approvals issued by the Agency. In accordance with the Community legal order, such financial penalties should be
imposed by the Commission acting upon a recommendation of the Agency.
It should be underlined that through the introduction of financial penalties the Commission will be able to give a more nuanced, flexible and
graduated response to a breach of the rules, compared to the withdrawal of a certificate. Overview

(19) Since all decisions taken by the Commission under this Regulation are subject to review by the Court of Justice of the European
Communities in accordance with the Treaty, the Court of Justice should, in accordance with Article 229 thereof, be given unlimited
jurisdiction in respect of decisions by which the Commission imposes fines or periodic penalty payments. Overview

(20) In order to respond to increasing concerns about the health and welfare of passengers during flights, it is necessary to
develop aircraft designs which better protect the safety and health of passengers. Overview

(21) The objectives of this Regulation may be efficiently achieved through cooperation with third countries. In such a case, the provisions of
this Regulation and its implementing rules may be adapted through agreements concluded by the Community with these countries. In the
absence of such agreements, Member States should nevertheless be allowed, subject to appropriate Community control, to recognise the
approvals granted to foreign products, parts and appliances, organisations and personnel by a third country. Overview

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(22) In order to properly assist the Community, the Agency should be allowed to develop its expertise in all aspects of civil aviation safety
and environmental protection covered by this Regulation. It should assist the Commission in the preparation of the necessary legislation and
assist the Member States and industry in its implementation. It should be able to issue certification specifications and
guidance material and to make technical findings and issue certificates as required, it should assist the Commission in monitoring the
application of this Regulation and of its implementing rules, and it should be given the necessary authority to carry out its tasks.

(23) The Commission and the Member States should be represented within a Management Board in order to control effectively the functions
of the Agency. Full contents

This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules,
establish transparent working procedures for decision making by the Agency and appoint the Executive Director.
It is also appropriate that the Agency be allowed to conduct research and to organise appropriate coordination with the Commission and the
Member States. It is desirable that the Agency assist the Community and its Member States in the field of international relations, including
the harmonisation of rules, recognition of approvals and technical cooperation, and be entitled to establish the appropriate relations with the
aeronautical authorities of third countries and international organisations competent in matters covered by this Regulation. Not Relevant

(24) In the interests of transparency, observers from interested parties should be represented within the Management Board of the Agency.
Overview

(25) Public interest requires the Agency to base its safety-related action solely on independent expertise, strictly applying this
Regulation and the rules adopted by the Commission for its implementation. To that end, all safety-related decisions of the Agency should
be made by its Executive Director, who should enjoy a high degree of flexibility to obtain advice and to organise the internal functioning of
the Agency. Overview

When, however, the Agency has to develop draft rules of a general nature to be implemented by national authorities, Member States should
be involved in the process of decision. Full contents

(26) It is necessary to ensure that parties affected by decisions made by the Agency enjoy the necessary remedies in a manner which is
suited to the special character of the field of aviation.
An appropriate appeal mechanism should be set up so that decisions of the Executive Director can be subject to appeal to a specialised
Board of Appeal, whose decisions are, in turn, open to action before the Court of Justice. Overview

(27) In order to guarantee the full autonomy and independence of the Agency, it should be granted an autonomous budget whose revenue
comes essentially from a contribution from the Community and from fees paid by the users of the system. Any financial contribution
received by the Agency from Member States, third countries or other entities should not compromise its independence and impartiality.
The Community budgetary procedure should be applicable as far as the Community contribution and any other subsidies chargeable to the
general budget of the European Union are concerned. The auditing of accounts should be carried out by the Court of Auditors. Overview

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(28) Before any local offices of the Agency are set up, general rules should be established to clarify what requirements need to be met and
what contribution the Member State concerned must provide. Overview

(29) Since the objectives of this Regulation, namely the establishment and uniform application of common rules in the field of civil aviation
safety and environmental protection, cannot be sufficiently achieved by the Member States and can therefore, by reason of the Europe-wide
scope of this Regulation, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of
subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation
does not go beyond what is necessary in order to achieve those objectives. Full contents

(30) It has been recognised that the involvement of European countries not Members of the European Union should be pursued, so as to
ensure a proper pan-European dimension in order to facilitate the improvement of civil aviation safety throughout Europe. European
countries that have concluded agreements with the Community to adopt and apply the Community acquis in the field covered by this
Regulation should be associated with its work in accordance with conditions to be agreed in the framework of those agreements. Overview

(31) It is a general objective that the transfer of functions and tasks from the Member States, including those resulting from their
cooperation through the Joint Aviation Authorities, to the Agency should be effected efficiently, without any reduction in the current high
levels of safety, and without any negative impact on certification schedules. Appropriate measures should be adopted to provide for the
necessary transition. Overview

(32) This Regulation sets common rules in the field of civil aviation and establishes a European Aviation Safety Agency.
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) should therefore be repealed. Overview

(33) This Regulation establishes an appropriate and comprehensive framework for the definition and implementation of common technical
requirements and administrative procedures in the field of civil aviation. Annex III to Council Regulation (EEC) No 3922/91 of 16 December
1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (2) and Council Directive
91/670/EEC of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation (3) should
therefore be repealed in due course, without prejudice to the certification or licensing of products, persons and organisations already carried
out in accordance with those acts. Overview

(34) This Regulation establishes an appropriate and comprehensive framework for the safety of third-country aircraft using Community
airports. Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using
Community airports (4) should therefore be repealed in due course and without prejudice to the implementing measures on
collection of information, ramp inspection and exchange of information. Overview

(35) This Regulation will apply to any other area related to civil aviation safety on the basis of a future proposal in accordance with the
Treaty. Overview

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(36) It is necessary to establish appropriate measures to ensure both the necessary protection of sensitive safety data and to
provide the public with adequate information pertaining to the level of civil aviation safety and environmental protection relating thereto,
taking into account Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents (5) and relevant national legislation. Decisions taken by the Agency pursuant to
Article 8 of that Regulation should be capable of giving rise to the lodging of a complaint to the Ombudsman or should be capable of being
the subject of an action before the Court of Justice, under Articles 195 and 230 of the Treaty respectively. Overview

(37) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC
of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6). Overview

(38) In particular, power should be conferred on the Commission to adopt implementing rules for airworthiness, flight crew licensing and
associated approvals, air operations, aircraft used by third-country operators, oversight and enforcement, as well as to adopt a regulation on
the fees and charges of the Agency. Full contents

Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, inter alia, by
supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided
for in Article 5a of Decision 1999/468/EC. Not Relevant

(39) On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adaptation of the
essential requirements for environmental protection and for the adoption of the implementing rules for environmental protection.
Not Relevant

(40) On grounds of urgency it is necessary to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/ 468/EC for the
Commission to decide on the measures taken by Member States in immediate reaction to a safety problem, as well as on derogating
approvals submitted by Member States. Not Relevant

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F = Full contents
Article Subject O = Overview
X = Not Relevant

CHAPTER I PRINCIPLES
Article 1 Scope F
Article 2 Objectives F
Article 3 Definitions F
CHAPTER II SUBSTANTIVE REQUIREMENTS
Article 4 Basic principles and applicability
F
Ref.: Annex II
Article 5 Airworthiness
F
Ref.: Annex I
Article 6 Essential requirements for environmental protection
F
Ref.: Annex III
Article 7 Pilots Ref.: Annex III F
Article 8 Air operations
F
Ref.: Annex IV
Article 9 Aircraft used by a third-country operator into, within or
F
out of the Community
Article 10 Oversight and enforcement F
Article 11 Recognition of certificates F
Article 12 Acceptance of third-country certification F
Article 13 Qualified entities F
Article 14 Flexibility provisions F
Article 15 Information network F
Article 16 Protection of the source of information F
Chapter III THE EUROPEAN AVIATION SAFETY AGENCY
SECTION I Tasks
Article 17 Establishment and functions of the Agency F
Article 18 Agency measures F
Article 19 Opinions, certification specifications and guidance material F
Article 20 Airworthiness and environmental certification F
Article 21 Pilot certification F
Article 22 Air operation certification F
Article 23 Third-country operators F
Article 24 Monitoring the application of the rules F

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Article 25 Fines and periodic penalty payments O
Article 26 Research O
Article 27 International relations O
SECTION II Internal structure
Article 28 Legal status, location, local offices O
Article 29 Staff X
Article 30 Privileges and immunities X
Article 31 Liability O
Article 32 Publication of documents F
Article 33 Powers of the Management Board O
Article 34 Composition of the Management Board O
Article 35 Chairmanship of the Management Board O
Article 36 Meetings X
Article 37 Voting X
Article 38 Functions and powers of the Executive Director O
Article 39 Appointment of senior officials X
Article 40 Powers of the Boards of Appeal O
Article 41 Composition of the Boards of Appeal X
Article 42 Members of the Board of Appeal X
Article 43 Exclusion and objection X
Article 44 Decisions subject to appeal O
Article 45 Persons entitled to appeal O
Article 46 Time limit and form O
Article 47 Interlocutory revision O
Article 48 Examination of appeals O
Article 49 Decisions on appeal O
Article 50 Actions before the Court of Justice O
Article 51 Direct appeal O
SECTION III Working methods
Article 52 Procedures for the development of opinions, certification O
specifications and guidance material
Article 53 Procedures for taking decisions X
Article 54 Inspections of Member States F
Article 55 Investigation of undertakings F
Article 56 Annual programme of work O
Article 57 Annual general report O

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Article 58 Transparency and communication O
SECTION IV Financial requirements
Article 59 Budget O
Article 60 Implementation and control of the budget X
Article 61 Combating fraud X
Article 62 Evaluation X
Article 63 Financial provisions X
Article 64 Fees and charges regulation O
CHAPTER IV FINAL PROVISIONS
Article 65 Committee O
Article 66 Participation of European third countries O
Article 67 Commencement of the Agency's operation F
Article 68 Penalties F
Article 69 Repeals F
Article 70 Entry into force F
ANNEX I Essential requirements for airworthiness referred to in Article 5
1. Product integrity: O
2. Airworthiness aspects of product operation O
3. Organisations (including natural persons undertaking design, manufacture or O
maintenance)
ANNEX II Aircraft referred to in Article 4(4)
Annex II O
ANNEX III Essential requirements for pilot licensing referred to in Article 7
1. Training O
2. Experience requirements O
3. Training organisations O
4. Medical fitness O
ANNEX IV Essential requirements for air operations referred to in Article 8
1. General O
2. Flight preparation O
3. Flight operations O
4. Aircraft performance and operating limitations O
5. Instruments, data and equipment O
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6. Continuing airworthiness O
7. Crew members O
8. Additional requirements for operation for commercial purposes and operation of O
complex motor-powered aircraft
ANNEX V Criteria for qualified entities referred to in Article 13
Annex V O

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C. DETAILED CONTENTS AND LEVEL OF DETAIL EXPECTED REGULATION (EC) NO 216/2008

CHAPTER I PRINCIPLES

Article 1 Scope 1. This Regulation shall apply to:

(a) the design, production, maintenance and operation of aeronautical


products, parts and appliances, as well as personnel and organisations
involved in the design, production and maintenance of such products, parts
and appliances.

(b) personnel and organisations involved in the operation of aircraft. Full contents

2. This Regulation shall not apply when products, parts, appliances, personnel
and organisations referred to in paragraph 1 are engaged in military, customs,
police, or similar services. The Member States shall undertake to ensure that
such services have due regard as far as practicable to the objectives of this
Regulation.

1. The principal objective of this Regulation is to establish and maintain a high


Article 2 Objectives uniform level of civil aviation safety in Europe.

2. Additional objectives are, in the fields covered by this Regulation, as follows:

(a) to ensure a high uniform level of environmental protection.

(b) to facilitate the free movement of goods, persons and services.


Full contents

(c) to promote cost-efficiency in the regulatory and certification processes and


to avoid duplication at national and European level.

(d) to assist Member States in fulfilling their obligations under the Chicago
Convention, by providing a basis for a common interpretation and uniform
implementation of its provisions, and by ensuring that its provisions are
duly taken into account in this Regulation and in the rules drawn up for its
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implementation.

(e) to promote Community views regarding civil aviation safety standards and
rules throughout the world by establishing appropriate cooperation with
third countries and international organisations.

(f) to provide a level playing field for all actors in the internal aviation market.

3. The means of achieving the objectives set out in paragraphs 1 and 2 shall be:

(a) the preparation, adoption and uniform application of all necessary acts.

(b) the recognition, without additional requirements, of certificates, licences,


approvals or other documents granted to products, personnel and
organisations in accordance with this Regulation and its implementing rules.

(c) the establishment of an independent European Aviation Safety Agency


(hereinafter referred to as the Agency).

(d) the uniform implementation of all necessary acts by the national aviation
authorities and the Agency within their respective areas of responsibility.

For the purposes of this Regulation:


Article 3 Definitions
(a) "continuing oversight" shall mean the tasks to be conducted to verify that
the conditions under which a certificate has been granted continue to be
fulfilled at any time during its period of validity, as well as the taking of any
safeguard measure.
Full contents
(b) "Chicago Convention" shall mean the Convention on International Civil
Aviation and its Annexes, signed in Chicago on 7 December 1944.

(c) "product" shall mean an aircraft, engine or propeller.

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(d) "parts and appliances" shall mean any instrument, equipment, mechanism,
part, apparatus, appurtenance or accessory, including communications
equipment, that is used or intended to be used in operating or controlling
an aircraft in flight and is installed in or attached to the aircraft. It shall
include parts of an airframe, engine or propeller.

(e) "certification" shall mean any form of recognition that a product, part or
appliance, organisation or person complies with the applicable requirements
including the provisions of this Regulation and its implementing rules, as
well as the issuance of the relevant certificate attesting such compliance.

(f) "qualified entity" shall mean a body which may be allocated a specific
certification task by, and under the control and the responsibility of, the
Agency or a national aviation authority.

(g) "certificate" shall mean any approval, licence or other document issued as
the result of certification.

(h) "operator" shall mean any legal or natural person, operating or proposing
to operate one or more aircraft.

(i) "commercial operation" shall mean any operation of an aircraft, in return


for remuneration or other valuable consideration, which is available to the
public or, when not made available to the public, which is performed under
a contract between an operator and a customer, where the latter has no
control over the operator.

(j) "complex motor-powered aircraft" shall mean:

(i) an aeroplane:
- with a maximum certificated take-off mass exceeding 5700 kg
or
- certificated for a maximum passenger seating configuration of more
than nineteen

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or
- certificated for operation with a minimum crew of at least two pilots.
or
- equipped with (a) turbojet engine(s) or more than one turboprop
engine.
or

(ii) a helicopter certificated:

- for a maximum take-off mass exceeding 3175 kg.


or
- for a maximum passenger seating configuration of more than nine,
or
- for operation with a minimum crew of at least two pilots.
or
(iii) a tilt rotor aircraft.

(k) "flight simulation training device" shall mean any type of device in which
flight conditions are simulated on the ground; they include flight simulators,
flight training devices, flight and navigation procedures trainers and basic
instrument training devices.

(l) "rating" shall mean a statement entered on a licence, setting forth


privileges, special conditions or limitations pertaining thereto.

CHAPTER II SUBSTANTIVE REQUIREMENTS

Article 4 Basic principles Full contents


1. Aircraft, including any installed product, part and appliance, which are:
and applicability

(a) designed or manufactured by an organisation for which the Agency or a


Member State ensures safety oversight.

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or
(b) registered in a Member State, unless their regulatory safety oversight
has been delegated to a third country and they are not used by a
Community operator.
or

(c) registered in a third country and used by an operator for which any
Member State ensures oversight of operations or used into, within or
out of the Community by an operator established or residing in the
Community.
or
(d) registered in a third country, or registered in a Member State which has
delegated their regulatory safety oversight to a third country, and used
by a third-country operator into, within or out of the Community

shall comply with this Regulation.

2. Personnel involved in the operations of aircraft referred to in paragraph 1(b),


(c) or (d) shall comply with this Regulation.

3. Operations of aircraft referred to in paragraph 1(b), (c) or (d) shall comply


with this Regulation.

4. Paragraph 1 shall not apply to aircraft referred to in Annex II.

5. Paragraphs 2 and 3 shall not apply to aircraft referred to in Annex II, with
the exception of aircraft referred to in points (a)(ii), (d) and (h) thereof when
used for commercial air transportation.

6. This Regulation shall not affect the rights of third countries as specified in
international conventions, in particular the Chicago Convention.

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Article 5 Airworthiness 1. Aircraft referred to in Article 4(1)(a), (b) and (c) shall comply with the Full contents
essential requirements for airworthiness laid down in Annex I.

2. Compliance of aircraft referred to in Article 4(1)(b), and of products, parts


and appliances mounted thereon shall be established in accordance with the
following:
(a) products shall have a type-certificate. The type-certificate, and
certification of changes to that type-certificate, including supplemental
type-certificates, shall be issued when the applicant has shown that the
product complies with a type-certification basis as specified in Article
20, established to ensure compliance with the essential requirements
referred to in paragraph 1, and when it has no feature or characteristic
making it unsafe for operation. The type-certificate shall cover the
product, including all parts and appliances fitted thereon.
(b) parts and appliances may be issued with specific certificates when they
are shown to comply with detailed airworthiness specifications
established to ensure compliance with the essential requirements
referred to in paragraph 1.
(c) each aircraft shall be issued with an individual certificate of
airworthiness when it is shown that it conforms with the type design
approved in its type-certificate and that relevant documentation,
inspections and tests demonstrate that the aircraft is in condition for
safe operation. This certificate of airworthiness shall remain valid as
long as it is not suspended, revoked or terminated and as long as the
aircraft is maintained in accordance with the essential requirements
related to continuing airworthiness set out in point 1.d of Annex I and
the measures referred to in paragraph 5.
(d) organisations responsible for the maintenance of products, parts and
appliances shall demonstrate their capability and means to discharge
the responsibilities associated with their privileges. Unless otherwise
accepted these capabilities and means shall be recognised through the
issuance of an organisation approval. The privileges granted to the
approved organisation and the scope of the approval shall be specified
in the terms of approval.
(e) organisations responsible for the design and manufacture of products,
parts and appliances shall demonstrate their capability and means to
discharge the responsibilities associated with their privileges. Unless
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otherwise accepted these capabilities and means shall be recognised
through the issuance of an organisation approval. The privileges granted
to the approved organisation and the scope of the approval shall be
specified in the terms of approval.

in addition:
(f) personnel responsible for the release of a product, part or appliance
after maintenance may be required to hold an appropriate certificate
(personnel certificate).

(g) the capability of maintenance training organisations to discharge the


responsibilities associated with their privileges in relation to the
issuance of the certificates referred to in point (f) may be recognised by
the issuance of an approval.

3. Aircraft referred to in Article 4(1)(a) and products, parts and appliances


mounted thereon shall comply with paragraph 2(a), (b) and (e) of this
Article.

4. By way of derogation from paragraphs 1 and 2:

(a) a permit to fly may be issued when it is shown that the aircraft is
capable of performing safely a basic flight. It shall be issued with
appropriate limitations, in particular to protect third parties' safety.

(b) a restricted certificate of airworthiness may be issued to aircraft for


which a type certificate has not been issued according to paragraph
2(a). In this case, the aircraft shall be shown to comply with specific
airworthiness specifications and deviations from the essential
requirements referred to in paragraph 1 shall nevertheless ensure
adequate safety with regard to the purpose. Aircraft eligible for these
restricted certificates, and limitations for use of these aircraft, shall be
defined according to the measures referred to in paragraph 5.

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(c) when the number of aircraft of the same type eligible for a restricted
certificate of airworthiness so justifies, a restricted type certificate may
be issued and an appropriate type certification basis shall be
established.

5. The measures designed to amend non-essential elements of this Article, by


supplementing it, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 65(4). Those measures shall
specify in particular:

(a) conditions for establishing and notifying to an applicant the type-


certification basis applicable to a product.

(b) conditions for establishing and notifying to an applicant the detailed


airworthiness specifications applicable to parts and appliances.

(c) conditions for establishing and notifying to an applicant the specific


airworthiness specifications applicable to aircraft eligible for a restricted
certificate of airworthiness.

(d) conditions for issuing and disseminating mandatory information in order


to ensure the continuing airworthiness of products.

(e) conditions for issuing, maintaining, amending, suspending or revoking


type-certificates, restricted type-certificates, approval of changes to
type-certificates, individual certificates of airworthiness, restricted
certificates of airworthiness, permits to fly and certificates for products,
parts or appliances, including:

(i) Conditions on the duration of these certificates, and conditions to


renew certificates when a limited duration is fixed;

(ii) Restrictions applicable to the issue of permits to fly. These


restrictions should in particular concern the following:
- purpose of the flight,
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- airspace used for the flight,
- qualification of flight crew,
- carriage of persons other than flight crew;

(iii) Aircraft eligible for restricted certificates of airworthiness, and


associated restrictions.

(iv) The minimum syllabus of maintenance certifying staff type rating


training to ensure compliance with paragraph (2)(f).

(v) The minimum syllabus of pilot type rating and the qualification of
associated simulators to ensure compliance with Article 7.

(vi) The master minimum equipment list as appropriate and additional


airworthiness specifications for a given type of operation to ensure
compliance with Article 8.

(f) conditions to issue, maintain, amend, suspend or revoke organisation


approvals required in accordance with paragraph 2(d), (e) and (g) and
conditions under which such approvals need not be requested.

(g) conditions to issue, maintain, amend, suspend or revoke personnel


certificates required in accordance with paragraph 2(f).

(h) responsibilities of the holders of certificates.

(i) how aircraft referred to in paragraph 1 which are not covered by


paragraphs 2 or 4 are to show compliance with the essential
requirements.

(j) how aircraft referred to in Article 4(1)(c) are to show compliance with
the essential requirements.

6. When adopting the measures referred to in paragraph 5, the Commission shall


take specific care that they:
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(a) reflect the state of the art and the best practices in the field of
airworthiness.

(b) take into account worldwide aircraft experience in service, and scientific
and technical progress.

(c) allow for immediate reaction to established causes of accidents and


serious incidents.

(d) do not impose on aircraft referred to in Article 4(1)(c) requirements which


would be incompatible with the International Civil Aviation Organization
(ICAO) obligations of Member States.

Article 6 Essential requirements 1. Products, parts and appliances shall comply with the environmental Full contents
for environmental protection requirements contained in Amendment 8 of Volume I and in
protection Amendment 5 of Volume II of Annex 16 to the Chicago Convention as
Ref.: Annex III applicable on 24 November 2005, except for the Appendices to Annex 16.

2. The measures designed to amend non-essential elements of the


requirements referred to in paragraph 1 in order to bring them into line
with subsequent amendments to the Chicago Convention and its Annexes
which enter into force after the adoption of this Regulation and which
become applicable in all Member States, shall, in so far as such
adaptations do not broaden the scope of this Regulation, be adopted in
accordance with the regulatory procedure with scrutiny referred to in
Article 65(5).

3. The measures designed to amend non-essential elements of the


requirements referred to in paragraph 1, by supplementing them, shall,
using as necessary the content of the Appendices referred to in paragraph
1, be adopted in accordance with the regulatory procedure with scrutiny
referred to in Article 65(5).

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Article 7 Pilots Ref.: Annex III 1. Pilots involved in the operation of aircraft referred to in Article 4(1)(b) Full contents
and (c), as well as flight simulation training devices, persons and
organisations involved in the training, testing, checking or medical
assessment of these pilots, shall comply with the relevant "essential
requirements" laid down in Annex III.

2. Except when under training, a person may only act as a pilot if he or she
holds a licence and a medical certificate appropriate to the operation to be
performed.
A person shall only be issued a licence when he or she complies with the
rules established to ensure compliance with the essential requirements on
theoretical knowledge, practical skill, language proficiency and experience
as set out in Annex III.
A person shall only be issued a medical certificate when he or she
complies with the rules established to ensure compliance with the
essential requirements on medical fitness as set out in Annex III. This
medical certificate may be issued by aero-medical examiners or by aero-
medical centres.
Notwithstanding the third subparagraph, in the case of a leisure pilot
licence a general medical practitioner who has sufficient detailed
knowledge of the applicant's medical background may, if so permitted
under national law, act as an aero-medical examiner, in accordance with
detailed implementing rules adopted pursuant to the procedure referred
to in Article 65(3); these implementing rules shall ensure that the level of
safety is maintained.
The privileges granted to the pilot and the scope of the licence and the
medical certificate shall be specified in such licence and certificate.
The requirements of the second and third subparagraphs may be satisfied
by the acceptance of licences and medical certificates issued by or on
behalf of a third country as far as pilots involved in the operation of
aircraft referred to in Article 4(1)(c) are concerned.

3. The capability of pilot training organisations and of aero-medical centres


to discharge the responsibilities associated with their privileges in relation
to the issuance of licenses and medical certificates shall be recognised by
the issuance of an approval.

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Pilot training organisations or aero-medical centres shall be issued an
approval when they comply with the rules established to ensure
compliance with the relevant essential requirements as laid down in
Annex III.
The privileges granted by the approvals shall be specified thereon.

4. A flight simulation training device used for the training of pilots shall be
the subject of a certificate. This certificate shall be issued when it is
shown that the device complies with the rules established to ensure
compliance with the relevant essential requirements as laid down in
Annex III.

5. Persons responsible for providing flight training or flight simulation


training, or for assessing pilots' skill, and aero-medical examiners shall
hold an appropriate certificate. Such certificate shall be issued when it is
shown that the person concerned complies with the rules established to
ensure compliance with the relevant essential requirements as laid down
in Annex III.
The privileges granted by the certificate shall be specified therein.

6. The measures designed to amend non-essential elements of this Article


by supplementing it, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 65(4). Those measures shall
specify in particular:

(a) the different ratings for pilots' licences and the medical certificates
adequate for the different types of activities performed.

(b) the conditions for issuing, maintaining, amending, limiting,


suspending or revoking licences, ratings for licences, medical
certificates, approvals and certificates referred to in paragraphs 2, 3,
4 and 5, and the conditions under which such certificates and
approvals need not be requested.

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(c) the privileges and responsibilities of the holders of licences, ratings
for licences, medical certificates, approvals and certificates referred
to in paragraphs 2, 3, 4 and 5.

(d) the conditions for the conversion of existing national pilots' licences
and of national flight engineers' licences into pilots' licences as well
as the conditions for the conversion of national medical certificates
into commonly recognised medical certificates.

(e) without prejudice to the provisions of bilateral agreements


concluded in accordance with Article 12, the conditions for the
acceptance of licences from third countries.

(f) how pilots of aircraft referred to in points (a)(ii), (d) and (f) of
Annex II, when used for commercial air transportation, comply with
the relevant essential requirements of Annex III.

7. When adopting the measures referred to in paragraph 6, the Commission


shall take specific care that they reflect the state of the art, including best
practices and scientific and technical progress, in the field of pilot training.
Such measures shall also include provisions for the issuance of all types of
pilot licences and ratings required under the Chicago Convention, and of a
leisure pilot licence covering non-commercial activities involving aircraft
with a maximum certificated take off mass of 2000 kg or less and which
do not meet any of the criteria referred to in Article 3(j).

Article 8 Air operations 1. The operation of aircraft referred to in Article 4(1)(b) and (c) shall comply Full contents
Ref.: Annex IV with the essential requirements laid down in Annex IV.

2. Unless otherwise determined in the implementing rules, operators


engaged in commercial operations shall demonstrate their capability and
means of discharging the responsibilities associated with their privileges.
These capabilities and means shall be recognised through the issuance of
a certificate. The privileges granted to the operator and the scope of the

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operations shall be specified in the certificate.

3. Unless otherwise determined in the implementing rules, operators


engaged in the non-commercial operation of complex motor-powered
aircraft shall declare their capability and means of discharging the
responsibilities associated with the operation of that aircraft.

4. Cabin crew involved in the operation of aircraft referred to in Article


4(1)(b) and (c) shall comply with the essential requirements laid down in
Annex IV. Those involved in commercial operations shall hold an
attestation as initially set out in Annex III, Subpart O, point (d) of OPS 1
1005 as set out in Regulation (EC) No 1899/2006 of the European
Parliament and of the Council of 12 December 2006 amending Council
Regulation (EEC) No 3922/91 [10]; at the discretion of the Member State,
such attestation may be issued by approved operators or training
organisations.

5. The measures designed to amend non-essential elements of this Article,


by supplementing it, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 65(4). Those measures shall
specify in particular:

(a) conditions to operate an aircraft in compliance with the essential


requirements laid down in Annex IV.

(b) conditions for issuing, maintaining, amending, limiting, suspending


or revoking the certificates referred to in paragraph 2 and the
conditions under which a certificate shall be replaced by a
declaration of the capability and means of the operator to discharge
the responsibilities associated with the operation of the aircraft.

(c) privileges and responsibilities of the holders of certificates.

(d) conditions and procedures for the declaration by, and for the
oversight of, operators referred to in paragraph 3 and the conditions
under which a declaration shall be replaced by a demonstration of
capability and means to discharge the responsibilities associated
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with the privileges of the operator recognised by the issuance of a
certificate.

(e) conditions for issuing, maintaining, amending, limiting, suspending


or revoking the cabin crew attestation referred to in paragraph 4.

(f) conditions under which operations shall be prohibited, limited or


subject to certain conditions in the interest of safety.

(g) how operations of aircraft referred to in points (a)(ii), (d) and (h) of
Annex II, when used for commercial air transportation, comply with
the relevant essential requirements of Annex IV.

6. The measures referred to in paragraph 5 shall:

- reflect the state of the art and the best practices in the field of air
operations,

- define different types of operations and allow for related


requirements and compliance demonstrations proportionate to the
complexity of operations and the risk involved,

- take into account worldwide aircraft experience in service, and


scientific and technical progress,

- with regard to commercial transportation by aeroplane, and without


prejudice to the previous indent, be developed initially on the basis
of the common technical requirements and administrative
procedures specified in Annex III to Regulation (EEC) No 3922/91,

- be based on a risk assessment and shall be proportional to the scale


and scope of the operation,

- allow for immediate reaction to established causes of accidents and


serious incidents,

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- not impose on aircraft referred to in Article 4(1)(c) requirements
which would be incompatible with the ICAO obligations of Member
States.

Article 9 Aircraft used by a Full contents


1. Aircraft referred to in Article 4(1)(d), as well as their crew and their
third-country operator
operations, shall comply with applicable ICAO Standards. To the extent
into, within or out of
that there are no such standards, these aircraft and their operations shall
the Community comply with the requirements laid down in Annexes I, III and IV, provided
these requirements are not in conflict with the rights of third countries
under international conventions.

2. Operators engaged in commercial operations using aircraft referred to in


paragraph 1 shall demonstrate their capability and means of complying
with the requirements specified in paragraph 1.
The requirement referred to in the first subparagraph may be satisfied by
acceptance of certificates issued by or on behalf of a third country.
The capabilities and means referred to in the first subparagraph shall be
recognised through the issuance of an authorisation. The privileges
granted to the operator and the scope of the operations shall be specified
in that authorisation.

3. Operators engaged in non-commercial operations of complex motor-


powered aircraft using aircraft referred to in paragraph 1 may be required
to declare their capability and means of discharging the responsibilities
associated with the operation of that aircraft.

4. The measures designed to amend non-essential elements of this Article,


by supplementing it, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 65(4). Those measures shall
specify in particular:

(a) how aircraft referred to in Article 4(1)(d), or crew, which do not hold
a standard ICAO certificate of airworthiness or licence, may be
authorised to operate into, within or out of the Community.

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(b) conditions to operate an aircraft in compliance with the provisions of
paragraph 1.

(c) conditions for issuing, maintaining, amending, limiting, suspending


or revoking the operator's authorisation referred to in paragraph 2,
taking into account the certificates issued by the state of registry or
the state of the operator, without prejudice to Regulation (EC) No
2111/2005 and its implementing rules.

(d) privileges and responsibilities of the holders of authorisations.

(e) conditions and procedures for the declaration by, and for the
oversight of, operators referred to in paragraph 3.

(f) conditions under which operations shall be prohibited, limited or


subject to certain conditions in the interest of safety in accordance
with Article 22(1).

5. When adopting the measures referred to in paragraph 4, the Commission


shall take specific care that:

(a) use is made, as appropriate, of ICAO recommended practices and


guidance documents.

(b) 4(1)(b), and from the operators of such aircraft.

(c) use is made, where appropriate, of measures issued in accordance


with Articles 5(5) and 8(5).

(d) the process by which authorisations are obtained is simple,


proportionate, cost-effective and efficient in all cases, allowing for
requirements and compliance demonstrations proportionate to the
complexity of operations and the risk involved. The process shall in
particular take account of:

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(i) results of the ICAO Universal Safety Oversight Audit
Programme.

(ii) information from ramp inspections and the Safety Assessment


of Foreign Aircraft Programme records.

and

(iii) other recognised information on safety aspects with regard to


the operator concerned.

Article 10 Oversight and Full contents


1. The Member States, the Commission and the Agency shall cooperate with
enforcement
a view to ensuring that any product, person or organisation subject to this
Regulation complies with its provisions and with its implementing rules.

2. For the purposes of the implementation of paragraph 1, Member States


shall, in addition to their oversight of certificates that they have issued,
conduct investigations, including ramp inspections, and shall take any
measure, including the grounding of aircraft, to prevent the continuation
of an infringement.

3. For the purposes of the implementation of paragraph 1, the Agency shall


conduct investigations in accordance with Article 24(2) and Article 55.

4. In order to facilitate the taking of appropriate enforcement action by


competent authorities, the Member States, the Commission and the
Agency shall exchange information on identified infringements.

5. The measures designed to amend non-essential elements of this Article,


by supplementing it, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 65(4). Those measures shall
specify in particular:

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(a) Conditions for the collection, exchange and dissemination of
information.

(b) Conditions for conducting ramp inspections, including systematic


ones.

(c) Conditions for the grounding of aircraft that do not comply with the
requirements of this Regulation or its implementing rules.

Article 11 Recognition of 1. Member States shall, without further technical requirements or Full contents
certificates
evaluation, recognise certificates issued in accordance with this
Regulation. When the original recognition is for a particular purpose or
purposes, any subsequent recognition shall cover only the same purpose
or purposes.

2. The Commission, on its own initiative or at the request of a Member State


or of the Agency, may initiate the procedure referred to in Article 65(7) to
decide whether a certificate issued in accordance with this Regulation
effectively complies with this Regulation and its implementing rules.
In case of non-compliance or ineffective compliance, the Commission shall
require the issuer of a certificate to take appropriate corrective action and
safeguard measures, such as limitation or suspension of the certificate.
Moreover, the provisions of paragraph 1 shall cease to apply to the
certificate from the date of the notification of the Commission's decision
to the Member States.

3. When the Commission has sufficient evidence that appropriate corrective


action has been taken by the issuer referred to in paragraph 2 to address
the case of non-compliance or ineffective compliance and that the
safeguard measures are no longer necessary, it shall decide that the
provisions of paragraph 1 apply again to this certificate. These provisions
shall apply as from the date of the notification of this decision to the
Member States.

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4. Pending adoption of the measures referred to in Articles 5(5), 7(6) and
9(4), and without prejudice to Article 69(4), certificates which cannot be
issued in accordance with this Regulation may be issued on the basis of
the applicable national regulations.

5. Pending adoption of the measures referred to in Article 8(5), and without


prejudice to Article 69(4), certificates which cannot be issued in
accordance with this Regulation may be issued on the basis of the
applicable national regulations or, where applicable, on the basis of the
relevant requirements of Regulation (EEC) No 3922/91.

6. The provisions of this Article shall be without prejudice to Regulation (EC)


No 2111/2005 and its implementing rules.

Article 12 Acceptance of third- Full contents


1. By way of derogation from the provisions of this Regulation and its
country certification
implementing rules, the Agency or the aviation authorities in the Member
State may issue certificates on the basis of certificates issued by
aeronautical authorities of a third country, as provided for in recognition
agreements between the Community and that third country.

2. (a) In the absence of an agreement concluded by the Community, a Member


State or the Agency may issue certificates on the basis of certifications
issued by the competent authorities of a third country in application of an
agreement concluded by that Member State with the third country in
question before the entry into force of the related provisions of this
Regulation and notified to the Commission and the other Member States.
The Agency may also issue such certificates on behalf of any Member
State in application of an agreement concluded by one of the Member
States with the third country in question.

(b) If the Commission considers that:


- the provisions of an agreement between a Member State and a third
country would not provide for a level of safety equivalent to that
specified by this Regulation and its implementing rules, and/or

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- such agreement would discriminate among Member States without
compelling safety reasons or is contrary to Community foreign policy
vis--vis a third country,

it may, in accordance with the procedure laid down in Article 65(2),


require the Member State concerned to modify the agreement, to suspend
its application or to renounce it, in accordance with Article 307 of the
Treaty.

(c) Member States shall take the necessary measures to renounce


agreements as soon as possible after the entry into force of an agreement
between the Community and the third country in question, for those
domains covered by that latter agreement.

Article 13 Qualified entities When allocating a specific certification task to a qualified entity, the Agency or Full contents
the national aviation authority concerned shall ensure that such entity comply
with the criteria laid down in Annex V.

Article 14 Flexibility provisions Full contents


1. The provisions of this Regulation and of its implementing rules shall not
prevent a Member State from reacting immediately to a safety problem
which involves a product, person or organisation subject to the provisions
of this Regulation.
The Member State shall immediately notify the Agency, the Commission
and the other Member States of the measures taken and the reasons
therefor.

2. (a) The Agency shall assess whether the safety problem can be addressed
within the powers conferred on it in accordance with Article 18(d). In this
case it shall, within one month of being notified pursuant to paragraph 1,
take the appropriate decision.

(b) If the Agency concludes that the safety problem cannot be addressed in
accordance with point (a), it shall, within the period referred to in that
point, issue a recommendation in accordance with Article 18(b) as to

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whether this Regulation or its implementing rules should be amended and
whether the notified measures should be withdrawn or maintained.

3. The measures designed to amend non-essential elements of this


Regulation, inter alia, by supplementing it, and relating to whether an
inadequate level of safety or a shortcoming in this Regulation or its
implementing rules justify initiating their amendment and whether the
measures adopted pursuant to paragraph 1 may be continued, shall be
adopted in accordance with the regulatory procedure with scrutiny referred
to in Article 65(6). In such a case the measures shall be implemented as
appropriate by all Member States and the provisions of Article 11 shall
apply to such measures. If the measures are found not to be justified, they
shall be revoked by the Member State concerned.

4. Member States may grant exemptions from the substantive requirements


laid down in this Regulation and its implementing rules in the event of
unforeseen urgent operational circumstances or operational needs of a
limited duration, provided the level of safety is not adversely affected. The
Agency, the Commission and the other Member States shall be notified of
any such exemptions as soon as they become repetitive or where they are
granted for periods of more than two months.

5. The Agency shall assess whether the exemptions notified by a Member


State are less restrictive than the applicable Community provisions and,
within one month of being notified thereof, shall issue a recommendation in
accordance with Article 18(b) on whether these exemptions comply with the
general safety objectives of this Regulation or any other rule of Community
law.
If an exemption does not comply with the general safety objectives of this
Regulation or any other rule of Community law, the Commission shall take
a decision not to permit the exemption in accordance with the procedure
referred to in Article 65(7). In such a case, the Member State concerned
shall revoke the exemption.

6. Where an equivalent level of protection to that attained by the application


of the rules implementing this Regulation can be achieved by other means,
Member States may, without discrimination on grounds of nationality, grant

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an approval derogating from those implementing rules.
In such cases, the Member State concerned shall notify the Agency and the
Commission that it intends to grant such an approval, and shall give
reasons demonstrating the need to derogate from the rule concerned, as
well as the conditions laid down to ensure that an equivalent level of
protection is achieved.

7. Within two months of being notified in accordance with paragraph 6, the


Agency shall issue a recommendation in accordance with Article 18(b) on
whether an approval proposed in accordance with paragraph 6 fulfils the
conditions laid down in that paragraph.
The measures designed to amend non-essential elements of this
Regulation, by supplementing it, relating to whether a proposed approval
may be granted shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 65(6) within one month of
receiving the Agency's recommendation. In such a case, the Commission
shall notify its decision to all Member States, which shall also be entitled to
apply that measure. The provisions of Article 15 shall apply to the measure
in question.

Article 15 Information network 1. The Commission, the Agency and the national aviation authorities shall Full contents
exchange any information available to them in the context of the
application of this Regulation and its implementing rules. Entities entrusted
with the investigation of civil aviation accidents and incidents, or with the
analysis of occurrences, are entitled to access to that information.

2. Without prejudice to the public's right of access to the Commission's


documents as laid down in Regulation (EC) No 1049/2001, the Commission
shall adopt, in accordance with the procedure referred to in Article 65(3),
measures for the dissemination to interested parties on its own initiative of
the information referred to in paragraph 1 of this Article. These measures,
which may be generic or individual, shall be based on the need:

(a) to provide persons and organisations with the information they need to
improve aviation safety.

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(b) to limit the dissemination of information to what is strictly required for
the purpose of its users, in order to ensure appropriate confidentiality of
that information.

3. The national aviation authorities shall, in accordance with their national


legislation, take necessary measures to ensure appropriate confidentiality of
the information received by them pursuant to paragraph 1.

4. In order to inform the public of the general safety level, a safety review
shall be published annually by the Agency. From the entry into force of the
measures referred to in Article 10(5), this safety review shall contain an
analysis of all information received pursuant to Article 10. This analysis
shall be simple and easy to understand and shall indicate whether there are
increased safety risks. In this analysis, the sources of information shall not
be revealed.

Article 16 Protection of the 1. Where the information referred to in Article 15(1) is provided by a natural Full contents
source of information
person on a voluntary basis to the Commission or the Agency, the source of
such information shall not be revealed. When the information has been
provided to a national authority, the source of such information shall be
protected in accordance with national legislation.

2. Without prejudice to applicable rules of criminal law, Member States shall


refrain from instituting proceedings in respect of unpremeditated or
unintentional infringements of the law which come to their attention only
because they have been reported pursuant to this Regulation and its
implementing rules.
This rule shall not apply in cases of gross negligence.

3. Without prejudice to applicable rules of criminal law, and in accordance with


the procedures set out in national law and practice, Member States shall
ensure that employees who provide information in application of this
Regulation and its implementing rules are not subject to any prejudice on
the part of their employer.

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This rule shall not apply in cases of gross negligence.

4. This Article shall apply without prejudice to national rules relating to access
to information by judicial authorities.

CHAPTER III THE EUROPEAN AVIATION SAFETY AGENCY

SECTION I Tasks

Article 17 Establishment and 1. For the purpose of the implementation of this Regulation, a European Full contents
functions of the Agency
Aviation Safety Agency shall be established.

2. For the purposes of ensuring the proper functioning and development of


civil aviation safety, the Agency shall:
(a) undertake any task and formulate opinions on all matters covered by
Article 1(1).

(b) assist the Commission by preparing measures to be taken for the


implementation of this Regulation. Where these comprise technical rules
and in particular rules relating to construction, design and operational
aspects, the Commission may not change their content without prior
coordination with the Agency. The Agency shall also provide the
Commission with the necessary technical, scientific and administrative
support to carry out its tasks.

(c) take the necessary measures within the powers conferred on it by this
Regulation or other Community legislation.

(d) conduct inspections and investigations as necessary to fulfil its tasks.

(e) in its fields of competence, carry out, on behalf of Member States,


functions and tasks ascribed to them by applicable international
conventions, in particular the Chicago Convention.

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Article 18 Agency measures The Agency shall, where appropriate: Full contents

(a) issue opinions addressed to the Commission.

(b) issue recommendations addressed to the Commission for the application of


Article 14.

(c) issue certification specifications, including airworthiness codes and


acceptable means of compliance, as well as any guidance material for the
application of this Regulation and its implementing rules.

(d) take the appropriate decisions for the application of Articles 20, 21, 22, 23,
54 and 55.

(e) issue the reports following standardisation inspections carried out pursuant
to Articles 24(1) and 54.

Article 19 Opinions, certification Full contents


1. In order to assist the Commission in the preparation of proposals for basic
specifications and
principles, applicability and essential requirements to be presented to the
guidance material
European Parliament and to the Council and the adoption of the
implementing rules, the Agency shall prepare drafts thereof. These drafts
shall be submitted by the Agency as opinions to the Commission.

2. The Agency shall, in accordance with Article 52 and the implementing rules
adopted by the Commission, develop:
(a) certification specifications, including airworthiness codes and acceptable
means of compliance.
and
(b) guidance material;
To be used in the certification process.
These documents shall reflect the state of the art and the best practices in
the fields concerned and be updated taking into account worldwide aircraft
experience in service, and scientific and technical progress.

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Article 20 Airworthiness and 1. With regard to the products, parts and appliances referred to in Article Full contents
environmental
4(1)(a) and (b), the Agency shall, where applicable and as specified in the
certification
Chicago Convention or its Annexes, carry out on behalf of Member States
the functions and tasks of the state of design, manufacture or registry when
related to design approval. To that end, it shall in particular:

(a) for each product for which a type-certificate or a change to a type-


certificate is requested, establish and notify the type-certification
basis. That certification basis consists of the applicable airworthiness
code, the provisions for which an equivalent level of safety has been
accepted and the special detailed technical specifications necessary
when the design features of a particular product or the experience in
operation render any of the airworthiness code provisions inadequate
or inappropriate to ensure conformity with essential requirements.

(b) for each product for which a restricted certificate of airworthiness is


requested, establish and notify the specific airworthiness
specifications.

(c) for each part or appliance for which a certificate is requested,


establish and notify the detailed airworthiness specifications.

(d) for each product for which environmental certification is required in


accordance with Article 6, establish and notify the appropriate
environmental requirements.

(e) conduct, itself or through national aviation authorities or qualified


entities, investigations associated with products, parts and appliances
certification.

(f) issue the appropriate type-certificates or associated changes.

(g) issue certificates for parts and appliances.

(h) issue the appropriate environmental certificates.


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(i) amend, suspend or revoke the relevant certificate when the conditions
according to which it was issued are no longer fulfilled or if the legal or
natural person holding the certificate fails to fulfil the obligations
imposed on it by this Regulation or its implementing rules.

(j) ensure the continuing airworthiness functions associated with the


products, parts and appliances which are under its oversight, including
reacting without undue delay to a safety problem and issuing and
disseminating the applicable mandatory information.

(k) for aircraft for which a permit to fly is to be issued, establish


airworthiness standards and procedures to comply with Article
5(4)(a).

(l) issue permits to fly to aircraft for the purpose of certification under the
control of the Agency, in agreement with the Member State in which
the aircraft is registered or is to be registered.

2. With regard to organisations, the Agency shall:

(a) conduct, itself or through national aviation authorities or qualified


entities, inspections and audits of the organisations it certifies;

(b) issue and renew the certificates of:

(i) design organisations


or

(ii) production organisations located within the territory of the


Member States, if requested by the Member State concerned; or

(iii) production and maintenance organisations located outside the


territory of the Member States.

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(c) amend, suspend or revoke the relevant organisation certificate when
the conditions according to which it was issued are no longer fulfilled,
or if the organisation concerned fails to fulfil the obligations imposed
on it by this Regulation or its implementing rules.

Article 21 Pilot certification Full contents


(a) conduct, itself or through national aviation authorities or qualified
entities, technical inspections of the devices it certifies.

(b) issue and renew the certificates of:

(i) flight simulation training devices used by training organisations


certified by the Agency.
or
(ii) flight simulation training devices located within the territory of the
Member States, if requested by the Member State concerned.

(iii) flight simulation training devices located outside the territory of the
Member States.

(c) amend, limit, suspend or revoke the relevant certificate when the
conditions according to which it was issued are no longer fulfilled, or if
the legal or natural person holding the certificate fails to fulfil the
obligations imposed on it by this Regulation or its implementing rules.

Article 22 Air operation 1. The Agency shall react without undue delay to a problem affecting the Full contents
certification
safety of air operations by determining corrective action and by
disseminating related information, including to the Member States.

2. With regard to flight time limitation:

(a) the Agency shall issue the applicable certification specifications to


ensure compliance with essential requirements and, as appropriate, the
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related implementing rules. Initially, the implementing rules shall
include all substantive provisions of Subpart Q of Annex III to
Regulation (EEC) No 3922/91, taking into account the latest scientific
and technical evidence.

(b) a Member State may approve individual flight time specification


schemes which deviate from the certification specifications referred to in
point (a). In this case the Member State shall without delay notify the
Agency, the Commission and the other Member States that it intends to
grant approval for such an individual scheme.

(c) upon notification the Agency shall, within one month, assess the
individual scheme on the basis of a scientific and medical evaluation.
Thereafter the Member State concerned may grant the approval as
notified, unless the Agency has discussed the scheme with that Member
State and proposed changes thereto. Should the Member State agree
with these changes, it may grant the approval accordingly.

(d) in the event of unforeseen urgent operational circumstances or


operational needs of limited duration and non-repetitive nature,
derogations to certification specifications may apply provisionally until
the Agency expresses its opinion.

(e) should a Member State disagree with the Agency's conclusions


concerning an individual scheme, it shall refer the issue to the
Commission to decide whether that scheme complies with the safety
objectives of this Regulation, in accordance with the procedure referred
to in Article 65(3).

(f) the contents of individual schemes which are acceptable to the Agency,
or on which the Commission has taken a positive decision in accordance
with point (e), shall be published.

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Article 23 Third-country 1. With regard to operators of aircraft referred to in Article 4(1)(d) engaged in Full contents
operators
commercial operations, the Agency shall:

(a) conduct, itself or through national aviation authorities or qualified


entities, investigations and audits.

(b) issue and renew the authorisations referred to in Article 9(2), unless a
Member State carries out the functions and tasks of the state of
operator in respect of these operators.

(c) amend, limit, suspend or revoke the relevant authorisation when the
conditions according to which it was issued by it are no longer fulfilled,
or if the organisation concerned fails to fulfil the obligations imposed on
it by this Regulation or its implementing rules.

2. With regard to operators of aircraft referred to in Article 4(1)(d) not


engaged in commercial operations, the Agency shall:
(a) receive the declarations referred to in Article 9(3)

and

(b) conduct, itself or through national aviation authorities or qualified


entities, the oversight of operators from which it has received a
declaration.

3. With regard to aircraft referred to in Article 4(1)(d), the Agency shall issue
authorisations in accordance with Article 9(4)(a).

Article 24 Monitoring the Full contents


1. The Agency shall conduct standardisation inspections in the fields covered
application of the rules
by Article 1(1), in order to monitor the application by national competent
authorities of this Regulation and of its implementing rules, and shall report
to the Commission.

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2. The Agency shall conduct investigations of undertakings to monitor the
application of this Regulation and its implementing rules.

3. The Agency shall assess the impact of the implementation of this Regulation
and its implementing rules, having regard to the objectives set out in Article
2.

4. The Agency shall be consulted on, and issue recommendations to the


Commission for, the application of Article 14.

5. The working methods of the Agency for conducting the tasks referred to in
paragraphs 1, 3 and 4 shall be subject to requirements to be adopted in
accordance with the procedure referred to in Article 65(2), taking into
account the principles laid down in Articles 52 and 53.

Article 25 Fines and periodic Overview


1. Without prejudice to Articles 20 and 55, at the Agency's request the
penalty payments
Commission may:

(a) impose on the persons and the undertakings to which the Agency has
issued a certificate, fines, where, intentionally or negligently, the
provisions of this Regulation and its implementing rules have been
breached.

(b) impose, on the persons and undertakings to which the Agency has
issued a certificate, periodic penalty payments, calculated from the date
set in the decision, in order to compel those persons and undertakings
to comply with the provisions of this Regulation and its implementing
rules.

2. The fines and periodic penalty payments referred to in paragraph 1 shall be


dissuasive and proportionate to both the gravity of the case and the
economic capacity of the certificate holder concerned, taking into particular
account the extent to which safety has been compromised. The amount of
the fines shall not exceed 4 % of the annual income or turnover of the

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certificate holder. The amount of the periodic penalty shall not exceed 2,5
% of the average daily income or turnover of the certificate holder.

3. The Commission shall adopt, in accordance with the procedure laid down in
Article 65(3), the detailed rules for the implementation of this Article. In
doing so, it shall specify in particular:

(a) detailed criteria for establishing the amount of the fine or periodic
penalty payment.
and

(b) procedures for enquiries, associated measures and reporting, as well as


rules of procedure for decision-making, including provisions on rights of
defence, access to file, legal representation, confidentiality and temporal
provisions and the quantification and collection of fines and periodic
penalty payments.

4. The Court of Justice of the European Communities shall have unlimited


jurisdiction to review decisions whereby the Commission has fixed a fine or
periodic penalty payment. It may cancel, reduce or increase the fine or
periodic penalty payment imposed.

5. Decisions taken pursuant to paragraph 1 shall not be of a criminal law


nature.

Article 26 Research Overview


1. The Agency may develop and finance research in so far as is strictly related
to the improvement of activities in its field of competence, without
prejudice to Community law.

2. The Agency shall coordinate its research and development activities with
those of the Commission and the Member States so as to ensure that
policies and actions are mutually consistent.

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3. The results of research funded by the Agency shall be published, provided
the Agency does not classify them as confidential.

Article 27 International relations 1. The Agency shall assist the Community and the Member States in their Overview
relations with third countries in accordance with the relevant Community
law. It shall, in particular, assist in the harmonising of rules and mutual
recognition regarding approvals attesting the satisfactory application of
rules.

2. The Agency may cooperate with the aeronautical authorities of third


countries and the international organisations competent in matters covered
by this Regulation in the framework of working arrangements concluded
with those bodies, in accordance with the relevant provisions of the Treaty.
Such arrangements shall have received the Commission's prior approval.

3. The Agency shall assist Member States to respect their international


obligations, in particular those under the Chicago Convention.

SECTION II Internal structure

Article 28 Legal status, location, Overview


1. The Agency shall be a body of the Community. It shall have legal
local offices
personality.

2. In each of the Member States, the Agency shall enjoy the most extensive
legal capacity accorded to legal persons under their laws. It may, in
particular, acquire or dispose of movable and immovable property and may
be a party to legal proceedings.
3. The Agency may establish its own local offices in the Member States,
subject to their consent.

4. The Agency shall be represented by its Executive Director.

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Article 31 Liability 1. The contractual liability of the Agency shall be governed by the law Overview
applicable to the contract in question.

2. The Court of Justice of the European Communities shall have jurisdiction to


give judgment pursuant to any arbitration clause contained in a contract
concluded by the Agency.

3. In the case of non-contractual liability, the Agency shall, in accordance with


the general principles common to the laws of the Member States, make
good any damage caused by its services or by its servants in the
performance of their duties.

4. The Court of Justice of the European Communities shall have jurisdiction in


disputes relating to compensation for any damage as referred to in
paragraph 3.

5. The personal liability of its servants towards the Agency shall be governed
by the provisions laid down in the Staff Regulations or Conditions of
Employment applicable to them.

Article 32 Publication of 1. Without prejudice to decisions taken on the basis of Article 290 of the Full contents
documents Treaty, the following documents shall be produced in all official languages
of the Community:

(a) The safety review referred to in Article 15(4).

(b) Opinions addressed to the Commission pursuant to Article 19(1).

(c) The annual general report and programme of work referred to in Article
33(2)(b) and (c) respectively.

2. The translation services required for the functioning of the Agency shall be
provided by the Translation Centre for bodies of the European Union.

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Article 33 Powers of the 1. The Agency shall have a Management Board. Overview
Management Board +
Overview

Not Relevant Not Relevant

2. The Management Board shall:

(a) appoint the Executive Director, and the Directors on a proposal from the
Executive Director, in accordance with Article 39.

(b) adopt the annual general report on the Agency's activities and forward
it by 15 June at the latest to the European Parliament, the Council, the
Commission, the Court of Auditors and the Member States; acting on
behalf of the Agency, it shall forward annually to the European
Parliament and the Council (hereinafter referred to as budgetary
authority) any information relevant to the outcome of the evaluation
procedures, in particular, information concerning the effects or
consequences of changes in the tasks assigned to the Agency.

(c) before 30 September each year, and after receiving the opinion of the
Commission, adopt the Agency's programme of work for the coming
year and forward it to the European Parliament, the Council, the
Commission and the Member States; this programme of work shall be
adopted without prejudice to the annual Community budgetary
procedure and the Community legislative programme in relevant areas
of aviation safety; the opinion of the Commission shall be attached to
the programme of work.

(d) adopt guidelines for the allocation of certification tasks to national


aviation authorities and qualified entities in agreement with the
Commission.

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(e) establish procedures for making decisions by the Executive Director as
referred to in Articles 52 and 53.

(f) carry out its functions relating to the Agency's budget pursuant to
Articles 59, 60 and 63.

(g) appoint the members of the Board of Appeal pursuant to Article 41.

(h) exercise disciplinary authority over the Executive Director and over the
Directors in agreement with the Executive Director.

(i) give its opinion on the measures relating to fees and charges as referred
to in Article 64(1).

(j) establish its Rules of Procedure.

(k) decide on the linguistic arrangements for the Agency.

(l) complement, where appropriate, the list of documents referred to in


Article 32(1).

(m) establish the organisational structure of the Agency and adopt the
Agency's staffing policy.

3. The Management Board may advise the Executive Director on any matter
strictly related to the strategic development of aviation safety, including
research as defined in Article 26.

4. The Management Board shall establish an advisory body of interested


parties, which it shall consult prior to making decisions in the fields referred
to in paragraph 2(c), (e), (f) and (i). The Management Board may also
decide to consult the advisory body on other issues referred to in
paragraphs 2 and 3. The Management Board shall not be bound by the
opinion of the advisory body.

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5. The Management Board may establish working bodies to assist in carrying
out its functions, including the preparation of its decisions and monitoring
the implementation thereof.
Not Relevant

Article 34 Composition of the 1. The Management Board shall be composed of one representative of each Overview
Management Board Member State and one representative of the Commission. Members shall be
selected on the basis of their recognised experience and commitment in the
field of civil aviation, their managerial capabilities and their expertise, which
are to be used to further the objectives of this Regulation. The competent
committee of the European Parliament shall be fully informed accordingly.

Each Member State shall appoint a member of the Management Board as


well as an alternate who will represent the member in his/her absence. The
Commission shall also designate its representative and alternate. The
duration of the terms of office shall be five years. This term of office shall
be renewable.

2. Where appropriate, the participation of representatives of European third


countries and the conditions of such participation shall be established in the
arrangements referred to in Article 66.

3. The advisory body referred to in Article 33(4) shall appoint four of its
members to participate as observers in the Management Board. They shall
represent, as broadly as possible, the different views represented in the
advisory body. The duration of their term of office shall be 30 months,
renewable once.

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Article 35 Chairmanship of the 1. The Management Board shall elect a Chairperson and a Deputy Chairperson Overview
Management Board from among its members. The Deputy Chairperson shall ex officio replace
the Chairperson in the event of his/her being prevented from attending to
his/her duties.

Overview

Not Relevant
Not Relevant

2. The terms of office of the Chairperson and Deputy Chairperson shall expire
when their membership of the Management Board ceases. Subject to this,
the duration of the terms of office of the Chairperson and Deputy
Chairperson shall be three years. These terms of office shall be renewable
once.

Article 38 Functions and powers 1. The Agency shall be managed by its Executive Director, who shall be Overview
of the Executive
completely independent in the performance of his/her duties. Without
Director
prejudice to the competencies of the Commission and the Management
Board, the Executive Director shall neither seek nor take instructions from
any government or from any other body.

2. The European Parliament or the Council may invite the Executive Director
to report on the carrying out of his/her tasks.

Overview

Not Relevant Not Relevant

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3. The Executive Director shall have the following functions and powers:

(a) To approve the measures of the Agency as defined in Article 18 within


the limits specified by this Regulation, its implementing rules and any
applicable law.

(b) To decide on inspections and investigations as provided for in Articles


54 and 55.

(c) To allocate certification tasks to national aviation authorities or qualified


entities according to guidelines set by the Management Board.

(d) To undertake any international functions and technical cooperation with


third countries pursuant to Article 27.

(e) To take all necessary steps, including the adoption of internal


administrative instructions and the publication of notices, to ensure the
functioning of the Agency in accordance with the provisions of this
Regulation.

(f) To prepare each year a draft general report and submit it to the
Management Board.

(g) To exercise in respect of the Agency's staff the powers laid down in
Article 29(2).

(h) To draw up estimates of the revenues and expenditure of the Agency


pursuant to Article 59, and to implement the budget pursuant to Article
60.

(i) To delegate his/her powers to other members of the Agency's staff


subject to rules to be adopted in accordance with the procedure referred
to in Article 65(2).

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(j) with the consent of the Management Board, to take decisions regarding
the establishment of local offices in the Member States in accordance
with Article 28(3).

(k) To prepare and to implement the annual programme of work.

(l) To respond to requests for assistance from the Commission.

Not Relevant

Article 40 Powers of the Boards 1. One or more Boards of Appeal shall be established within the Agency. Overview
of Appeal
2. The Board or Boards of Appeal shall be responsible for deciding on appeals
against the decisions referred to in Article 44.

3. The Board or Boards of Appeal shall be convened as necessary. The number


of boards of Appeal and the work allocated to it or them shall be
determined by the Commission acting in accordance with the procedure
referred to in Article 65(3).

Article 44 Decisions subject to 1. An appeal may be brought against decisions of the Agency taken pursuant Overview
appeal to Articles 20, 21, 22, 23, 55 or 64.

2. An appeal lodged pursuant to paragraph 1 shall not have suspensory effect.


The Agency may, however, if it considers that circumstances so permit,
suspend the application of the decision appealed against.

3. An appeal against a decision which does not terminate proceedings as


regards one of the parties may only be made in conjunction with an appeal
against the final decision, unless the decision provides for separate appeal.

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Article 45 Persons entitled to Any natural or legal person may appeal against a decision addressed to that Overview
appeal person, or against a decision which, although in the form of a decision
addressed to another person, is of direct and individual concern to the former.
The parties to proceedings may be party to the appeal proceedings.

Article 46 Time limit and form Overview


The appeal, together with the statement of grounds thereof, shall be filed in
writing at the Agency within two months of the notification of the measure to
the person concerned, or, in the absence thereof, of the day on which it came
to the knowledge of the latter, as the case may be.

Article 47 Interlocutory revision 1. If the Executive Director considers the appeal to be admissible and well Overview
founded, he/she shall rectify the decision. This shall not apply where the
appellant is opposed to another party to the appeal proceedings.

2. If the decision is not rectified within one month after receipt of the
statement of grounds for the appeal, the Agency shall forthwith decide
whether or not to suspend the application of the decision pursuant to the
second sentence of Article 44(2), and shall remit the appeal to the Board of
Appeal.

Article 48 Examination of appeals Overview


1. If the appeal is admissible, the Board of Appeal shall examine whether it is
well founded.

2. When examining the appeal pursuant to paragraph 1, the Board of Appeal


shall act expeditiously. It shall as often as necessary invite the parties to
the appeal proceedings to file, within specified time limits, observations on
notifications issued by itself or on communications from other parties to the
appeal proceedings. Parties to the appeal proceedings shall be entitled to
make oral presentations.

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Article 49 Decisions on appeal The Board of Appeal may exercise any power which lies within the competence Overview
of the Agency or may remit the case to the competent body of the Agency. The
latter shall be bound by the decision of the Board of Appeal.

Article 50 Actions before the 1. Actions may be brought before the Court of Justice of the European Overview
Court of Justice
Communities for the annulment of acts of the Agency which are legally
binding on third parties, for failure to act and for damages caused by the
Agency in the course of its activities.

2. Actions for the annulment of decisions of the Agency taken pursuant to


Articles 20, 21, 22, 23, 55 or 64 may be brought before the Court of Justice
of the European Communities only after all appeal procedures within the
Agency have been exhausted.

3. The Agency shall take all necessary measures to comply with the judgment
of the Court of Justice of the European Communities.

Article 51 Direct appeal Member States and the Community institutions may lodge a direct appeal Overview
before the Court of Justice of the European Communities against decisions of
the Agency.

SECTION III Working methods

Article 52 Procedures for the Overview


1. As soon as possible after the entry into force of this Regulation, the
development of
Management Board shall establish transparent procedures for issuing
opinions, certification
opinions, certification specifications and guidance material referred to in
specifications and Article 18(a) and (c).
guidance material
Those procedures shall:

(a) Draw on expertise available in the aviation regulatory authorities of


Member States.

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(b) Whenever necessary, involve appropriate experts from relevant
interested parties.

(c) Ensure that the Agency publishes documents and consults widely with
interested parties, according to a timetable and a procedure which
includes an obligation on the Agency to make a written response to the
consultation process.

2. When the Agency, pursuant to Article 19, develops opinions, certification


specifications and guidance material to be applied by Member States, it
shall establish a procedure for consulting the Member States. To this effect,
it may create a working group in which each Member State is entitled to
designate an expert.

3. Measures referred to in Article 18(a) and (c) and the procedures established
pursuant to paragraph 1 of this Article shall be published in an official
publication of the Agency.

4. Special procedures shall be established to address immediate action to be


taken by the Agency to react to a safety problem and to inform the relevant
interested parties of the action they are to take.

Article 54 Inspections of Member 1. Without prejudice to the enforcement powers conferred by the Treaty on Full contents
States
the Commission, the Agency shall assist the Commission in monitoring
the application of this Regulation and its implementing rules by
conducting standardisation inspections of Member States competent
authorities as specified in Article 24(1). The officials authorised under this
Regulation, and those seconded by the national authorities participating in
such inspections, are thus empowered, in compliance with the legal
provisions of the Member State concerned:

(a) To examine the relevant records, data, procedures and any other
material relevant to the achievement of aviation safety levels in
accordance with this Regulation.

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(b) To take copies of or extracts from such records, data, procedures
and other material.

(c) To ask for an oral explanation on the spot.

(d) To enter any relevant premises, land or means of transport.

2. The officials of the Agency authorised for the purpose of the inspections
referred to in paragraph 1 shall exercise their powers upon production of
an authorisation in writing specifying the subject matter, the purpose of
the inspection and the date on which it is to begin. In good time before
the inspection, the Agency shall inform the Member State concerned of
the inspection and of the identity of the authorised officials.

3. The Member State concerned shall submit to the inspections and shall
ensure that bodies or persons concerned also submit to them.

4. When an inspection carried out pursuant to this Article entails an


inspection of an undertaking or an association of undertakings, the
provisions of Article 55 shall apply. Where an undertaking opposes the
inspection, the Member State concerned shall afford the necessary
assistance to officials authorised by the Agency to enable them to carry
out the inspection.

5. Reports drawn up in application of this Article shall be made available in


the official language or languages of the Member State where the
inspection took place.

Article 55 Investigation of 1. The Agency may itself conduct or assign to national aviation authorities or Full contents
undertakings qualified entities all necessary investigations of undertakings in
application of Articles 7, 20, 21, 22, 23 and 24(2). These investigations
shall be carried out in compliance with the legal provisions of the Member
States in which they are to be undertaken. To that end, the persons
authorised under this Regulation are empowered:

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(a) To examine the relevant records, data, procedures and any other
material relevant to the execution of the tasks of the Agency.

(b) To take copies of or extracts from such records, data, procedures and
other material.

(c) To ask for an oral explanation on site.

(d) To enter relevant premises, lands or means of transport of


undertakings.

(e) To conduct inspections of aircraft in cooperation with Member States.

2. The persons authorised for the purpose of the investigations referred to in


paragraph 1 shall exercise their powers upon production of an
authorisation in writing specifying the subject matter and purpose of the
investigation.

3. In good time before the investigation, the Agency shall inform the
Member State in whose territory the investigation is to be carried out of
the investigation and of the identity of the authorised persons. Officials of
the Member State concerned shall, at the request of the Agency, assist
those authorised persons to carry out their duties.

Article 56 Annual programme of Overview


The annual programme of work shall aim to promote the continuous
work improvement of European aviation safety and comply with the objectives,
mandates and tasks of the Agency, as set out in this Regulation. It shall clearly
indicate which of the mandates and tasks of the Agency have been added,
changed or deleted in comparison with the previous year.

The presentation of the annual programme of work shall be based on the


methodology used by the Commission as part of Activity-Based Management.

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Article 57 Annual general report The annual general report shall describe the way in which the Agency has Overview
implemented its annual programme of work. It shall clearly indicate which of
the mandates and tasks of the Agency have been added, changed or deleted in
comparison with the previous year.

The report shall outline the activities carried out by the Agency and evaluate
the results thereof with respect to the objectives and timetable set, the risks
associated with those activities, the use of resources and the general
operations of the Agency.

Article 58 Transparency and Overview


1. Regulation (EC) No 1049/2001 shall apply to documents held by the
communication Agency.

2. The Agency may communicate on its own initiative in the fields within its
mission. It shall ensure in particular that, in addition to the publication
specified in Article 52(3), the public and any interested party are rapidly
given objective, reliable and easily understandable information with
regard to its work.

3. Any natural or legal person shall be entitled to address himself/herself in


writing to the Agency in any of the languages referred to in Article 314 of
the Treaty. That person shall have the right to receive an answer in the
same language.

4. The information gathered by the Agency in accordance with this


Regulation shall be subject to Regulation (EC) No 45/2001 of the
European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by
the Community institutions and bodies and on the free movement of such
data [11].

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SECTION IV Financial requirements

Article 59 Budget Overview


1. The revenues of the Agency shall consist of:

(a) A contribution from the Community.

(b) A contribution from any European third country with which the
Community has concluded agreements as referred to in Article 66;

(c) The fees paid by applicants for, and holders of, certificates and
approvals issued by the Agency.

(d) Charges for publications, training and any other services provided by
the Agency.
and

(e) Any voluntary financial contribution from Member States, third


countries or other entities, provided such a contribution does not
compromise the independence and impartiality of the Agency.

2. The expenditure of the Agency shall include staff, administrative,


infrastructure and operational expenses.

3. Revenue and expenditure shall be in balance.

4. Regulatory budgets and the fees set and collected for certification
activities shall be dealt with separately in the Agency's budget.

5. Each year the Management Board, on the basis of a draft statement of


estimates of revenue and expenditure, shall produce a statement of
estimates of revenue and expenditure of the Agency for the following
financial year.

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6. The statement of estimates referred to in paragraph 4, which shall include
a draft establishment plan together with the provisional work programme,
shall by 31 March at the latest be forwarded by the Management Board to
the Commission and to the states with which the Community has
concluded agreements as referred to in Article 66.

7. The statement of estimates shall be forwarded by the Commission to the


budgetary authority together with the preliminary draft general budget of
the European Union.

8. On the basis of the statement of estimates, the Commission shall enter in


the preliminary draft general budget of the European Union the estimates
it deems necessary for the establishment plan and the amount of the
subsidy to be charged to the general budget, which it shall place before
the budgetary authority in accordance with Article 272 of the Treaty.

9. The budgetary authority shall authorise appropriations for the subsidy to


the Agency. The budgetary authority shall adopt the establishment plan of
the Agency.

10. The budget shall be adopted by the Management Board. It shall become
final following final adoption of the general budget of the European Union.
Where appropriate, it shall be adjusted accordingly.

11. The Management Board shall, as soon as possible, notify the budgetary
authority of its intention to implement any project which may have
significant financial implications for the funding of the budget, in
particular any projects relating to property such as the rental or purchase
of buildings. It shall inform the Commission thereof.
Where a branch of the budgetary authority has notified its intention to
deliver an opinion, it shall forward its opinion to the Management Board
within a period of six weeks from the date of notification of the project.

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Article 64 Fees and charges 1. The measures designed to amend non-essential elements of this Overview
regulation
Regulation, by supplementing it, relating to fees and charges shall be
adopted in accordance with the regulatory procedure with scrutiny
referred to in Article 65(4).

2. The Commission shall consult the Management Board on the draft of the
measures referred to in paragraph 1.

3. The measures referred to in paragraph 1 shall determine in particular the


matters for which fees and charges pursuant to Article 59(1)(c) and (d)
are due, the amount of the fees and charges and the way in which they
are to be paid.

4. Fees and charges shall be levied for:

(a) The issuing and renewal of certificates, as well as the related


continuing oversight functions.

(b) The provision of services; they shall reflect the actual cost of each
individual provision.

(c) The processing of appeals.


All fees and charges shall be expressed, and payable, in euro.

5. The amount of the fees and charges shall be fixed at such a level as to
ensure that the revenue in respect thereof is in principle sufficient to
cover the full cost of the services delivered. These fees and charges,
including those collected in 2007, shall be assigned revenues for the
Agency.

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CHAPTER IV FINAL PROVISIONS

Article 65 Committee Overview


1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 3 and 7 of Decision


1999/468/EC shall apply, having regard to the provisions of Article 8
thereof.

3. Where reference is made to this paragraph, Articles 5 and 7 of Decision


1999/468/EC shall apply, having regard to the provisions of Article 8
thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set
at one month.

4. Where reference is made to this paragraph, Article 5a(1) to (4), and


Article 7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

5. Where reference is made to this paragraph, Article 5a(1) to (4) and


(5)(b), and Article 7 of Decision 1999/468/EC shall apply, having regard
to the provisions of Article 8 thereof.
The time limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of Decision
1999/468/EC shall be set at 20 days.

6. Where reference is made to this paragraph, Article 5a(1), (2), (4), (5)(b)
and (6), and Article 7 of Decision 1999/468/EC shall apply, having regard
to the provisions of Article 8 thereof.

7. Where reference is made to this paragraph, Article 6 of Decision


1999/468/EC shall apply.
Before adopting its decision, the Commission shall consult the committee
referred to in paragraph 1 of this Article.
The period provided for in Article 6(b) of Decision 1999/468/EC shall be
set at three months.

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When a Commission decision is referred to the Council by a Member
State, the Council, acting by a qualified majority, may take a different
decision within a period of three months.

Article 66 Participation of Overview


The Agency shall be open to the participation of European third countries which
European third
are contracting parties to the Chicago Convention and which have entered into
countries agreements with the European Community whereby they adopted and apply
Community law in the field covered by this Regulation and its implementing
rules.
Under the relevant provisions of these agreements, arrangements will be
developed which shall, inter alia, specify the nature and extent of, and the
detailed rules for, the participation by these countries in the work of the
Agency, including provisions on financial contributions and staff.

Article 67 Commencement of the 1. The Agency shall undertake the certification tasks incumbent upon it Full contents
Agency's operation
pursuant to Article 20 as from 28 September 2003. Until that date, Member
States shall continue to implement applicable legislation and regulations.

2. During an additional transition period of 42 months from the date referred to


in paragraph 1, Member States may continue to issue certificates and approvals
by way of derogation from the provisions of Articles 5, 6, 12 and 20 under the
conditions specified by the Commission in the measures adopted for their
application. When in that context Member States issue certificates on the basis
of certificates issued by third countries, the measures adopted by the
Commission shall give due consideration to the principles laid down in Article
12(2)(b) and (c).

Article 68 Penalties Member States shall lay down penalties for infringement of this Regulation and Full contents
its implementing rules. The penalties shall be effective, proportionate and
dissuasive.

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Article 69 Repeals 1. Regulation (EC) No 1592/2002 is hereby repealed, without prejudice to the Full contents
provisions of the second subparagraph.
References made to the repealed Regulation shall be construed as being made
to this Regulation and should be read in accordance with the correlation table
set out in Annex VI.

2. Council Directive 91/670/EEC is hereby repealed as from the entry into force
of the measures referred to in Article 7(6).

3. Annex III to Regulation (EEC) No 3922/91 shall be deleted as from the entry
into force of the corresponding measures referred to in Article 8(5).

4. The provisions of Article 11 shall apply to products, parts and appliances,


organisations and persons whose certification has been performed, or
recognised, in accordance with the provisions of the acts referred to in
paragraph 1, 2 and 3 of this Article.

5. Directive 2004/36/EC is hereby repealed as from the entry into force of the
measures referred to in Article 10(5) of this Regulation, and without prejudice to
the implementing rules referred to in Article 8(2) of that Directive.

Article 70 Entry into force Full contents


This Regulation shall enter into force on the 20th day following its publication in
the Official Journal of the European Union.

Articles 5, 6, 7, 8, 9 and 10 shall apply as from the dates specified in their


respective implementing rules, but not later than 8 April 2012.

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

Done at Strasbourg, 20 February 2008.

For the European Parliament

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The President
H.-G. Pttering

For the Council


The President
J. Lenari
ANNEX I Essential requirements for airworthiness referred to in Article 5

1. Product integrity: Product integrity: product integrity must be assured for all anticipated flight Overview
conditions for the operational life of the aircraft. Compliance with all requirements
must be shown by assessment or analysis, supported, where necessary, by tests.

1.a. tructures and materials: the integrity of the structure must be ensured
throughout, and sufficiently beyond, the operational envelope for the
aircraft, including its propulsion system, and maintained for the
operational life of the aircraft.

1.a.1. All parts of the aircraft, the failure of which could reduce the structural
integrity, must comply with the following conditions without
detrimental deformation or failure. This includes all items of significant
mass and their means of restraint.

1.a.1.a. All combinations of load reasonably expected to occur within, and


sufficiently beyond, the weights, centre of gravity range, operational
envelope and life of the aircraft must be considered. This includes
loads due to gusts, manoeuvres, pressurisation, movable surfaces,
control and propulsion systems both in flight and on the ground.

1.a.1.b. Consideration must be given to the loads and likely failures induced by
emergency landings either on land or water.

1.a.1.c. Dynamic effects must be covered in the structural response to these


loads.

1.a.2. The aircraft must be free from any aeroelastic instability and excessive

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vibration.

1.a.3. The manufacturing processes and materials used in the construction of


the aircraft must result in known and reproducible structural
properties. Any changes in material performance related to the
operational environment must be accounted for.

1.a.4. The effects of cyclic loading, environmental degradation, accidental


and discrete source damage must not reduce the structural integrity
below an acceptable residual strength level. All necessary instructions
for ensuring continued airworthiness in this regard must be
promulgated.

1.b. Propulsion: the integrity of the propulsion system (i.e. engine and,
where appropriate, propeller) must be demonstrated throughout, and
sufficiently beyond, the operational envelope of the propulsion system
and must be maintained for the operational life of the propulsion
system.

1.b.1. The propulsion system must produce, within its stated limits, the
thrust or power demanded of it at all required flight conditions, taking
into account environmental effects and conditions.

1.b.2. The fabrication process and materials used in the construction of the
propulsion system must result in known and reproducible structural
behaviour. Any changes in material performance related to the
operational environment must be accounted for.

1.b.3. The effects of cyclic loading, environmental and operational


degradation and likely subsequent part failures must not reduce the
integrity of the propulsion system below acceptable levels. All
necessary instructions for ensuring continued airworthiness in this
regard must be promulgated.

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1.b.4. All necessary instructions, information and requirements for the safe
and correct interface between the propulsion system and the aircraft
must be promulgated.

1.c. Systems and equipment

1.c.1. The aircraft must not have design features or details that experience
has shown to be hazardous.

1.c.2. The aircraft, including those systems, equipment and appliances


required for type-certification, or by operating rules, must function as
intended under any foreseeable operating conditions, throughout, and
sufficiently beyond, the operational envelope of the aircraft, taking
due account of the system, equipment or appliance operating
environment. Other systems, equipment and appliance not required
for type-certification, or by operating rules, whether functioning
properly or improperly, must not reduce safety and must not
adversely affect the proper functioning of any other system,
equipment or appliance. Systems, equipment and appliances must be
operable without needing exceptional skill or strength.

1.c.3. The aircraft systems, equipment and associated appliances,


considered separately and in relation to each other, must be designed
such that any catastrophic failure condition does not result from a
single failure not shown to be extremely improbable and an inverse
relationship must exist between the probability of a failure condition
and the severity of its effect on the aircraft and its occupants. With
respect to the single failure criterion above, it is accepted that due
allowance must be made for the size and broad configuration of the
aircraft and that this may prevent this single failure criterion from
being met for some parts and some systems on helicopters and small
aeroplanes.

1.c.4. Information needed for the safe conduct of the flight and information
concerning unsafe conditions must be provided to the crew, or
maintenance personnel, as appropriate, in a clear, consistent and

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unambiguous manner. Systems, equipment and controls, including
signs and announcements must be designed and located to minimise
errors which could contribute to the creation of hazards.

1.c.5. Design precautions must be taken to minimise the hazards to the


aircraft and occupants from reasonably probable threats, both inside
and external to the aircraft, including protecting against the possibility
of a significant failure in, or disruption of, any aircraft appliance.

1.d. Continuing airworthiness

1.d.1. Instructions for continuing airworthiness must be established to


ensure that the aircraft type certification airworthiness standard is
maintained throughout the operational life of the aircraft.

1.d.2. Means must be provided to allow inspection, adjustment, lubrication,


removal or replacement of parts and appliances as necessary for
continuing airworthiness.

1.d.3. The instructions for continuing airworthiness must be in the form of a


manual, or manuals, as appropriate for the quantity of data to be
provided. The manuals must cover maintenance and repair
instructions, servicing information, trouble-shooting and inspection
procedures, in a format that provides for a practical arrangement.

1.d.4. The instructions for continuing airworthiness must contain


airworthiness limitations that set forth each mandatory replacement
time, inspection interval and related inspection procedure.

2. Airworthiness aspects Overview


2.a. The following must be shown to have been addressed to ensure a
of product operation
satisfactory level of safety for those onboard or on the ground during
the operation of the product:

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2.a.1. The kinds of operation for which the aircraft is approved must be
established and limitations and information necessary for safe
operation, including environmental limitations and performance, must
be established.

2.a.2. The aircraft must be safely controllable and manoeuvrable under all
anticipated operating conditions including following the failure of one
or, if appropriate, more propulsion systems. Due account must be
taken of pilot strength, flight deck environment, pilot workload and
other human-factor considerations and of the phase of flight and its
duration.

2.a.3. It must be possible to make a smooth transition from one flight phase
to another without requiring exceptional piloting skill, alertness,
strength or workload under any probable operating condition.

2.a.4. The aircraft must have such stability as to ensure that the demands
made on the pilot are not excessive taking into account the phase of
flight and its duration.

2.a.5. Procedures for normal operations, failure and emergency conditions


must be established.

2.a.6. Warnings, or other deterrents intended to prevent exceedance of the


normal flight envelope, must be provided, as appropriate to type.

2.a.7. The characteristics of the aircraft and its systems must allow a safe
return from extremes of the flight envelope that may be encountered.

2.b. The operating limitations and other information necessary for safe
operation must be made available to the crew members.

2.c. Product operations must be protected from hazards resulting from


adverse external and internal conditions, including environmental
conditions.
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2.c.1. In particular, no unsafe condition must occur from exposure to
phenomena such as, but not limited to, adverse weather, lightning,
bird strike, high frequency radiated fields, ozone, etc., reasonably
expected to occur during product operation.

2.c.2. Cabin compartments must provide passengers with suitable transport


conditions and adequate protection from any expected hazard arising
in flight operations or resulting in emergency situations, including fire,
smoke, toxic gases and rapid decompression hazards. Provisions must
be made to give occupants every reasonable chance of avoiding
serious injury and quickly evacuating the aircraft and to protect them
from the effect of the deceleration forces in the event of an
emergency landing on land or water. Clear and unambiguous signs or
announcements must be provided, as necessary, to instruct occupants
in appropriate safe behaviour and the location and correct use of
safety equipment. Required safety equipment must be readily
accessible.

2.c.3. Crew compartments must be arranged in order to facilitate flight


operations, including means providing situational awareness, and
management of any expected situation and emergencies. The
environment of crew compartments must not jeopardise the crew's
ability to perform their tasks and its design must be such as to avoid
interference during operation and misuse of the controls.

3. Organisations Overview
3.a. Organisation approvals must be issued when the following conditions
(including natural
are met:
persons undertaking
design, manufacture or
maintenance) 3.a.1. the organisation must have all the means necessary for the scope of
work. These means comprise, but are not limited to, the following:
facilities, personnel, equipment, tools and material, documentation of
tasks, responsibilities and procedures, access to relevant data and
record-keeping;

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3.a.2. the organisation must implement and maintain a management system
to ensure compliance with these essential requirements for
airworthiness, and aim for continuous improvement of this system;

3.a.3. the organisation must establish arrangements with other relevant


organisations, as necessary, to ensure continuing compliance with
these essential requirements for airworthiness;

3.a.4. the organisation must establish an occurrence reporting and/or


handling system, which must be used by the management system
under point 3.a.2 and the arrangements under point 3.a.3, in order to
contribute to the aim of continuous improvement of the safety of
products.

3.b. In the case of maintenance training organisations, the conditions


under points 3.a.3 and 3.a.4 do not apply.

ANNEX II Aircraft referred to in Article 4(4)

ANNEX II Article 4(1), (2) and (3) do not apply to aircraft falling in one or more of the Overview
categories set out below:

(a) historic aircraft meeting the criteria below:

(i) non-complex aircraft whose:

- initial design was established before 1 January 1955,


and
- production has been stopped before 1 January 1975.
or

(ii) aircraft having a clear historical relevance, related to:

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- a participation in a noteworthy historical event.
or
- a major step in the development of aviation.
or
- a major role played into the armed forces of a Member State;

(b) aircraft specifically designed or modified for research, experimental or


scientific purposes, and likely to be produced in very limited numbers;

(c) aircraft of which at least 51 % is built by an amateur, or a non-profit


making association of amateurs, for their own purposes and without any
commercial objective;

(d) aircraft that have been in the service of military forces, unless the aircraft
is of a type for which a design standard has been adopted by the Agency.

(e) aeroplanes, helicopters and powered parachutes having no more than two
seats, a maximum take-off mass (MTOM), as recorded by the Member
States, of no more than:

(i) 300 kg for a land plane/helicopter, single-seater.

or

(ii) 450 kg for a land plane/helicopter, two-seater.

or

(iii) 330 kg for an amphibian or floatplane/helicopter single-seater;

or

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(iv) 495 kg for an amphibian or floatplane/helicopter two-seater, provided
that, where operating both as a floatplane/helicopter and as a land
plane/helicopter, it falls below both MTOM limits, as appropriate.

(v) 472,5 kg for a land plane, two-seater equipped with an airframe


mounted total recovery parachute system.

(vi) 315 kg for a land plane single-seater equipped with an airframe


mounted total recovery parachute system;

and, for aeroplanes, having the stall speed or the minimum steady flight
speed in landing configuration not exceeding 35 knots calibrated air speed
(CAS);

(f) Single and two-seater gyroplanes with a maximum take off mass not
exceeding 560 kg.

(g) Gliders with a maximum empty mass, of no more than 80 kg when single-
seater or 100 kg when two-seater, including those which are foot
launched.

(h) Replicas of aircraft meeting the criteria of (a) or (d) above, for which the
structural design is similar to the original aircraft.

(i) Unmanned aircraft with an operating mass of no more than 150 kg.

(j) any other aircraft which has a maximum empty mass, including fuel, of no
more than 70 kg.

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ANNEX III Essential requirements for pilot licensing referred to in Article 7

1. Training 1.a. General Overview

1.a.1. A person undertaking training to fly an aircraft must be sufficiently


mature educationally, physically and mentally to acquire, retain and
demonstrate the relevant theoretical knowledge and practical skill.

1.b. Theoretical knowledge

1.b.1. pilot must acquire and maintain a level of knowledge appropriate to the
functions exercised on the aircraft and proportionate to the risks
associated to the type of activity. Such knowledge must include at least
the following:

(i) air law


(ii) aircraft general knowledge
(iii) technical matters related to the category of the aircraft
(iv) flight performance and planning
(v) human performance and limitations
(vi) meteorology
(vii) navigation
(viii) operational procedures, including resource management
(ix) principles of flight
(x) communications
and
(xi)non-technical skills, including the recognition and management
of threats and errors.

1.c. Demonstration and maintenance of theoretical knowledge

1.c.1. The acquisition and retention of theoretical knowledge must be


demonstrated by continuous assessment during training, and where
appropriate, by examinations.
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1.c.2. An appropriate level of competence in theoretical knowledge must be
maintained. Compliance must be demonstrated by regular assessments,
examinations, tests or checks. The frequency of examinations, tests or
checks must be proportionate to the level of risk associated with the
activity.

1.d. Practical skill

1.d.1. A pilot must acquire and maintain the practical skills as appropriate to
exercise his/her functions on the aircraft. Such skills must be
proportionate to the risks associated to the type of activity and must
cover, if appropriate to the functions exercised on the aircraft, the
following:

(i) Pre-flight and in-flight activities, including aircraft


performance, mass and balance determination, aircraft
inspection and servicing, fuel planning, weather
appreciation, route planning, airspace restrictions and
runway availability.

(ii) Aerodrome and traffic-pattern operations.

(iii) Collision avoidance precautions and procedures.

(iv) Control of the aircraft by external visual reference.

(v) Flight manoeuvres, including in critical situations, and


associated "upset" manoeuvres, as technically achievable.

(vi) Normal and cross-wind take-offs and landings.

(vii) Flight by reference solely to instruments, as appropriate to


the type of activity.

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(viii) Operational procedures, including team skills and resource
management, as appropriate to the type of operation,
whether single or multi-crew.

(ix) Navigation and implementation of rules of the air and


related procedures, using as appropriate, visual reference
or navigation aids.

(x) Abnormal and emergency operations, including simulated


aircraft equipment malfunctions.

(xi) Compliance with air traffic services and communications


procedures.

(xii) Aircraft type or class specific aspects.

(xiii) Additional practical skill training that may be required to


mitigate risks associated with specific activities.

and

(xiv) Non-technical skills, including the recognition and


management of threats and errors, using an adequate
assessment methodology in conjunction with the technical
skills assessment.

1.e. Demonstration and maintenance of practical skill

1.e.1. A pilot must demonstrate the ability to perform the procedures and
manoeuvres with a degree of competence appropriate to the functions
exercised on the aircraft, by:

(i) Operating the aircraft within its limitations.

(ii) Completing all manoeuvres with smoothness and accuracy.


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(iii) Exercising good judgement and airmanship.

(iv) Applying aeronautical knowledge.

(v) Maintaining control of the aircraft at all times in a manner such


that the successful outcome of a procedure or manoeuvre is
assured.
and

(vi) Non-technical skills, including the recognition and


management of threats and errors, using an adequate
assessment methodology in conjunction with the technical skills
assessment.

1.e.2. An appropriate level of competence in practical skill must be maintained.


Compliance must be demonstrated by regular assessments,
examinations, tests or checks. The frequency of examinations, tests or
checks must be proportionate to the level of risk associated with the
activity.

1.f. Language Proficiency


A pilot must have demonstrated language proficiency to a degree
appropriate to the functions exercised on the aircraft. Such
demonstrated proficiency shall include:

(i) The ability to understand weather information documents.

(ii) The use of aeronautical en-route, departure and approach


charts and associated aeronautical information documents.
and

(iii) The ability to communicate with other flight crew and air
navigation services during all phases of flight, including
flight preparation.

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1.g. Flight simulation training devices
When a flight simulation training device (FSTD) is used for training, or
for demonstration that practical skill is acquired or maintained, this
FSTD must be qualified to a given level of performance in those areas,
which are relevant to completing the related task. In particular, the
replication of configuration, handling qualities, aircraft performance, and
systems behaviour must adequately represent the aircraft.

1.h. Training course

1.h.1. Training must be executed through a training course.

1.h.2. A training course must meet the following conditions:

(i) a syllabus must be developed for each type of course.


and

(ii) the training course must comprise a breakdown of


theoretical knowledge and practical flight instruction
(including synthetic training), if applicable.

1.i. Instructors

1.i.1. Theoretical instruction

Theoretical instruction must be given by appropriately qualified


instructors. They must:

(i) Have appropriate knowledge in the field where instruction is


to be given.
and

(ii) Be capable of using appropriate instructional techniques.

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1.i.2. Flight and flight simulation instruction

Flight and flight simulation instruction must be given by appropriately


qualified instructors, who have the following qualifications:

(i) Meet the theoretical knowledge and the experience


requirements appropriate for the instruction being given.

(ii) Be capable of using appropriate instructional techniques.

(iii) Have practised instructional techniques in those flight


manoeuvres and procedures in which it is intended to
provide flight instruction.

(iv) Have demonstrated the ability to instruct in those areas in


which flight instruction is to be given, including pre-flight,
post-flight and ground instruction.
and
(v) Receive regular refresher training to ensure that the
instructional standards are maintained up to date.

Flight instructors must also be entitled to act as pilot in command on the aircraft
for which instruction is being given, except for training on new aircraft types.

1.j. Examiners

1.j.1. Persons responsible for assessing the skill of pilots must:

(i) Meet the requirements for flight or flight simulation


instructors.

(ii) Be capable of assessing pilot performance and conducting


flight tests and checks.

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2. Experience 2.a.1. A person acting as flight crew member, instructor or examiner must Overview
requirements
acquire and maintain sufficient experience for the functions being
exercised, unless the implementing rules provide for competence to be
demonstrated in accordance with point 1.e.

3. Training organisations Overview


3.a. Training organisation requirements

3.a.1. A training organisation providing pilot training must meet the following
requirements:

(i) Have all the means necessary for the scope of


responsibilities associated with their activity. These means
comprise, but are not limited to, the following: facilities,
personnel, equipment, tools and material, documentation of
tasks, responsibilities and procedures, access to relevant
data and record-keeping.

(ii) Implement and maintain a management system relating to


safety and the standard of training, and aim for continuous
improvement of this system.

and

(iii) Eestablish arrangements with other relevant organisations,


as necessary, to ensure continuing compliance with the
above requirements.

4. Medical fitness Overview


4.a. Medical criteria

4.a.1. All pilots must periodically demonstrate medical fitness to satisfactorily


execute their functions, taking into account the type of activity.
Compliance must be shown by appropriate assessment based on aero-

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medical best practice, taking into account the type of activity and the
possible mental and physical degradation due to age.
Medical fitness, comprising physical and mental fitness, means not
suffering from any disease or disability, which makes the pilot unable:
(i) to execute the tasks necessary to operate an aircraft; or
(ii) to perform assigned duties at any time; or
(iii) to perceive correctly his/her environment.
4.a.2. Where medical fitness cannot be fully demonstrated, mitigation
measures that provide equivalent flight safety may be implemented.

4.b. Aero-medical examiners

4.b.1. An aero-medical examiner must:

(i) Be qualified and licensed in the practice of medicine.

(ii) Have received training in aviation medicine and regular


refresher training in aviation medicine to ensure that
assessment standards are maintained.

(iii) Have acquired practical knowledge and experience of the


conditions in which pilots carry out their duties.

4.c. Aero-medical centres

4.c.1. Aero-medical centres must meet the following conditions:

(i) Have all the means necessary for the scope of


responsibilities associated with their privileges. These
means comprise, but are not limited to, the following:
facilities, personnel, equipment, tools and material,
documentation of tasks, responsibilities and procedures,
access to relevant data and record-keeping.

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(ii) Implement and maintain a management system relating to
safety and the standard of medical assessment, and aim for
continuous improvement of this system.

(iii) Establish arrangements with other relevant organisations,


as necessary, to ensure continuing compliance with these
requirements.

ANNEX IV Essential requirements for air operations referred to in Article 8

1. General 1.a. A flight must not be performed if the crew members and, as Overview
appropriate, all other operations personnel involved in its preparation
and execution are not familiar with applicable laws, regulations and
procedures, pertinent to the performance of their duties, prescribed for
the areas to be traversed, the aerodromes planned to be used and the
air navigation facilities relating thereto.

1.b. A flight must be performed in such a way that the operating procedures
specified in the Flight Manual or, where required the Operations Manual,
for the preparation and execution of the flight are followed. To facilitate
this, a checklist system must be available for use, as applicable, by crew
members in all phases of operation of the aircraft under normal,
abnormal and emergency conditions and situations. Procedures must be
established for any reasonably foreseeable emergency situation.

1.c. Before every flight, the roles and duties of each crew member must be
defined. The pilot in command must be responsible for the operation
and safety of the aircraft and for the safety of all crew members,
passengers and cargo on board.

1.d. Articles or substances, which are capable of posing a significant risk to


health, safety, property or the environment, such as dangerous goods,
weapons and ammunition, must not be carried on any aircraft, unless
specific safety procedures and instructions are applied to mitigate the
related risks.

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1.e. All necessary data, documents, records and information to record the
respect of the conditions specified in point 5.c must be retained for each
flight and kept available for a minimum period of time compatible with
the type of operation.

2. Flight preparation Overview


2.a. A flight must not be commenced unless it has been ascertained by
every reasonable means available that all the following conditions are
complied with:

2.a.1. Adequate facilities directly required for the flight and for the safe
operation of the aircraft, including communication facilities and
navigation aids, are available for the execution of the flight, taking into
account available Aeronautical Information Services documentation.

2.a.2. The crew must be familiar with and passengers informed of the location
and use of relevant emergency equipment. Sufficient related
information regarding emergency procedures and use of cabin safety
equipment must be made available to crew and passengers using
specified information.

2.a.3. The pilot in command must be satisfied that:

(i) The aircraft is airworthy as specified in point 6.

(ii) If required, the aircraft is duly registered and that appropriate


certificates with respect thereto are aboard the aircraft.

(iii) Instruments and equipment as specified in point 5 required for


the execution of that flight are installed in the aircraft and are
operative, unless waived by the applicable Minimum Equipment
List (MEL) or equivalent document.

(iv) The mass of the aircraft and centre of gravity location are such
that the flight can be conducted within limits prescribed in the
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airworthiness documentation.

(v) All cabin baggage, hold luggage and cargo is properly loaded and
secured.
and

(vi) The aircraft operating limitations as specified in point 4 will not


be exceeded at any time during the flight.

2.a.4. Information regarding meteorological conditions for departure,


destination and, where applicable, alternate aerodromes, as well as en-
route conditions, must be available to the flight crew. Special attention
must be given to potentially hazardous atmospheric conditions.

2.a.5. In case of flight into known or expected icing conditions, the aircraft
must be certified, equipped and/or treated to operate safely in such
conditions.

2.a.6. For a flight based on visual flight rules, meteorological conditions along
the route to be flown must be such as to render compliance with these
flight rules possible. For a flight based on instrument flight rules a
destination and where applicable alternate aerodrome(s) where the
aircraft can land must be selected, taking into account in particular the
forecasted meteorological conditions, the availability of air navigation
services, the availability of ground facilities and the instrument flight
procedures approved by the State in which the destination and/or
alternate aerodrome is located.

2.a.7. The amount of fuel and oil on board must be sufficient to ensure that
the intended flight can be completed safely, taking into account the
meteorological conditions, any element affecting the performance of the
aircraft and any delays that are expected in flight. In addition, a fuel
reserve must be carried to provide for contingencies. Procedures for in-
flight fuel management must be established when relevant.

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3. Flight operations 3.a. With regard to flight operations, all the following conditions must be Overview
complied with:

3.a.1. Where relevant for the type of aircraft, during take-off and landing, and
whenever deemed necessary by the pilot in command in the interest of
safety, each crew member must be seated at their crew station and
must use the provided restraint systems, taking into account the type of
aircraft.

3.a.2. Where relevant for the type of aircraft, all flight crew members required
to be on flight deck duty must be and remain at their station, with their
seatbelts fastened except en-route for physiological or operational
needs.

3.a.3. Where relevant for the type of aircraft and the type of operation, before
take-off and landing, during taxiing and whenever deemed necessary in
the interest of safety, the pilot in command must ensure that each
passenger is properly seated and secured.

3.a.4. A flight must be performed in such a way that appropriate separation


from other aircraft is maintained and that adequate obstacle clearance
is ensured, during all phases of the flight. Such separation must at least
be those required by the applicable rules of the air.

3.a.5. A flight must not be continued unless known conditions continue to be


at least equivalent to those in point 2. Furthermore, for a flight based
on instrument flight rules, an approach toward an aerodrome must not
be continued below certain specified heights or beyond a certain
position, if prescribed visibility criteria are not met.

3.a.6. In an emergency, the pilot in command must ensure that all passengers
are instructed in such emergency action as may be appropriate to the
circumstances.

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3.a.7. A pilot in command must take all necessary measures so as to minimise
the consequences on the flight of disruptive passenger behaviour.

3.a.8. An aircraft must not be taxied on the movement area of an aerodrome,


or its rotor must not be turned under power, unless the person at the
controls is appropriately competent.

3.a.9. The applicable in-flight fuel management procedures must be used,


when relevant.

4. Aircraft performance Overview


4.a. An aircraft must be operated in accordance with its airworthiness
and operating
documentation and all related operating procedures and limitations as
limitations
expressed in its approved flight manual or equivalent documentation, as
the case may be. The flight manual or equivalent documentation must
be available to the crew and kept up to date for each aircraft.

4.b. The aircraft must be operated in accordance with the applicable


environmental documentation.

4.c. A flight must not be commenced or continued unless the aircraft's


scheduled performance, considering all factors which significantly affect
its performance level, allows all phases of flight to be executed within
the applicable distances/areas and obstacle clearances at the planned
operating mass. Performance factors which significantly affect take-off,
en-route and approach/landing are, particularly:

(i) Operating procedures

(ii) Pressure altitude of the aerodrome

(iii) Temperature

(iv) Wind

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(v) Size, slope and condition of the take-off/landing area

and

(vi) The condition of the airframe, the power plant or the systems,
taking into account possible deterioration.

4.c.1. Such factors must be taken into account directly as operational


parameters or indirectly by means of allowances or margins, which may
be provided in the scheduling of performance data, as appropriate to
the type of operation.

5. Instruments, data and Overview


5.a. An aircraft must be equipped with all navigation, communication and
equipment
other equipment necessary for the intended flight, taking account of air
traffic regulations and rules of the air applicable during any phase of the
flight.

5.b. When relevant, an aircraft must be equipped with all necessary safety,
medical, evacuation and survival equipment, taking account of the risks
associated to the areas of operation, the routes to be flown, the flight
altitude and the duration of the flight.

5.c. All data necessary for the execution of the flight by the crew must be
updated and available on board the aircraft taking account of applicable
air traffic regulations, rules of the air, flight altitudes and areas of
operation.

6. Continuing 6.a. The aircraft must not be operated unless: Overview


airworthiness

(i) The aircraft is in an airworthy condition.

(ii) The operational and emergency equipment necessary for the


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intended flight is serviceable.

(iii) The airworthiness document of the aircraft is valid.

and

(iv) The maintenance of the aircraft is performed in accordance with its


maintenance programme.

6.b. Before each flight or consistent series of consecutive flights, the aircraft
must be inspected, through a pre-flight check, to determine whether it
is fit for the intended flight.

6.c. The maintenance programme must contain in particular, maintenance


tasks and intervals, especially those that have been specified as
mandatory in the instructions for continuing airworthiness.

6.d. The aircraft must not be operated unless it is released to service by


qualified persons or organisations, after maintenance. The signed
release to service must contain in particular, the basic details of the
maintenance carried out.

6.e. All records demonstrating the airworthiness of the aircraft must be kept
until the information contained has been superseded by new information
equivalent in scope and detail but not less than 24 months in the case
of detailed maintenance records. When the aircraft is leased, all records
demonstrating the airworthiness of the aircraft must be kept at least for
the length of the lease.

6.f. All modifications and repairs must comply with the essential
requirements for airworthiness. The substantiating data supporting
compliance with the airworthiness requirements must be retained.

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7. Crew members 7.a. The number and composition of the crew must be determined taking Overview
into account:

(i) The certification limitations of the aircraft, including if applicable,


the relevant emergency evacuation demonstration.

(ii) The aircraft configuration.


and

(iii) The type and duration of operations.

7.b. Cabin crew members must:

(i) Be trained and checked on a regular basis to attain and maintain


an adequate level of competency in order to perform their
assigned safety duties.
and

(ii) Be periodically assessed for medical fitness to safely exercise their


assigned safety duties. Compliance must be shown by appropriate
assessment based on aero-medical best practice.

7.c. The pilot in command must have the authority to give all commands
and take any appropriate actions for the purpose of securing the
operation and the safety of the aircraft and of persons and/or property
carried therein.

7.d. In an emergency situation, which endangers the operation or the safety


of the aircraft and/or persons on board, the pilot in command must take
any action he/she considers necessary in the interest of safety. When
such action involves a violation of local regulations or procedures, the
pilot in command must be responsible for notifying the appropriate local
authority without delay.

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7.e. Emergency abnormal situations must not be simulated when passengers
or cargo are being carried.

7.f. No crew member must allow their task achievement/decision making to


deteriorate to the extent that flight safety is endangered because of the
effects of fatigue, taking into account, inter alia, fatigue accumulation,
sleep deprivation, number of sectors flown, night duties or time zone
changes. Rest periods must provide sufficient time to enable crew
members to overcome the effects of the previous duties and to be well
rested by the start of the following flight duty period.

7.g. A crew member must not perform allocated duties on board an aircraft
when under the influence of psychoactive substances or alcohol or when
unfit due to injury, fatigue, medication, sickness or other similar causes.

8. Additional Overview
8.a. The operation for commercial purposes and the operation of complex
requirements for
motor-powered aircraft must not be undertaken unless the following
operation for conditions are met:
commercial purposes
and operation of
complex motor- 8.a.1. the operator must have directly or indirectly through contracts the
powered aircraft means necessary for the scale and scope of the operations. These
means comprise but are not limited to the following: aircraft, facilities,
management structure, personnel, equipment, documentation of tasks,
responsibilities and procedures, access to relevant data and record
keeping;

8.a.2. the operator must use only suitably qualified and trained personnel and
implement and maintain training and checking programmes for the crew
members and other relevant personnel;

8.a.3. the operator must establish a MEL or equivalent document, taking


account of the following:

(i) The document must provide for the operation of the aircraft, under
specified conditions, with particular instruments, items of equipment

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or functions inoperative at the commencement of the flight.

(ii) The document must be prepared for each individual aircraft, taking
account of the operator's relevant operational and maintenance
conditions.
and

(iii) The MEL must be based on the Master Minimum Equipment List
(MMEL), if available, and must not be less restrictive than the MMEL.

8.a.4. The operator must implement and maintain a management system to


ensure compliance with these essential requirements for operations and
aim for continuous improvement of this system.

and

8.a.5. The operator must establish and maintain an accident prevention and
safety programme, including an occurrence reporting programme, which
must be used by the management system in order to contribute to the
aim of continuous improvement of the safety of operations.

8.b. The operation for commercial purposes and the operation of complex
motor-powered aircraft must only be undertaken in accordance with an
operator's operations manual. Such manual must contain all necessary
instructions, information and procedures for all aircraft operated and for
operations personnel to perform their duties. Limitations applicable to
flight time, flight duty periods and rest periods for crew members must
be specified. The operations manual and its revisions must be compliant
with the approved flight manual and be amended as necessary.

8.c. The operator must establish procedures, as appropriate, so as to


minimise the consequences to safe flight operations of disruptive
passenger behaviour.

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8.d. The operator must develop and maintain security programmes adapted
to the aircraft and the type of operation including particularly:

(i) Security of the flight crew compartment.

(ii) Aircraft search procedure checklist.

(iii) Training programmes.

(iv) Protection of electronic and computer systems to prevent


intentional system interference and corruption.

and

(v) Reporting acts of unlawful interference.

When security measures may adversely affect the safety of operations,


the risks must be assessed and appropriate procedures developed to
mitigate safety risks, this may necessitate the use of specialist
equipment.

8.e. The operator must designate one pilot amongst the flight crew as the
pilot in command.

8.f. he prevention of fatigue must be managed through a rostering system.


For a flight, or series of flights, such a rostering system needs to
address flight time, flight-duty periods, duty and adapted rest periods.
Limitations established within the rostering system must take into
account all relevant factors contributing to fatigue such as, in particular,
number of sectors flown, time-zone crossing, sleep deprivation,
disruption of circadian cycles, night hours, positioning, cumulative duty
time for given periods of time, sharing of allocated tasks between crew
members, and also the provision of augmented crews.

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8.g. The tasks specified in point 6.a and those described in points 6.d and
6.e must be controlled by an organisation responsible for the continuing
airworthiness management that must meet, in addition to those
requirements of Annex I point 3.a, the following conditions:

(i) The organisation must be qualified for the maintenance of


products, parts and appliances under its responsibility or have
established a contract with such a qualified organisation for these
products, parts and appliances.

and

(ii) The organisation must establish an organisation manual providing,


for use and guidance of personnel concerned, a description of all
continuing airworthiness procedures of the organisation including
when applicable a description of administrative arrangements
between the organisation and the approved maintenance
organisation.

ANNEX V Criteria for qualified entities referred to in Article 13

ANNEX V Overview
1. T he entity, its Director and the staff responsible for carrying out the
checks, may not become involved, either directly or as authorised
representatives, in the design, manufacture, marketing or maintenance of
the products, parts, appliances, constituents or systems or in their
operations, service provision or use. This does not exclude the possibility
of an exchange of technical information between the involved
organisations and the qualified entity.

2. The entity and the staff responsible for the certification tasks must carry
out their duties with the greatest possible professional integrity and the
greatest possible technical competence and must be free of any pressure
and incentive, in particular of a financial type, which could affect their
judgment or the results of their investigations, in particular from persons
or groups of persons affected by the results of the certification tasks.

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3. The entity must employ staff and possess the means required to perform
adequately the technical and administrative tasks linked with the
certification process; it should also have access to the equipment needed
for exceptional checks.

4. The staff responsible for investigation must have:

sound technical and vocational training,


satisfactory knowledge of the requirements of the certification
tasks they carry out and adequate experience of such processes,
the ability required to draw up the declarations, records and
reports to demonstrate that the investigations have been carried
out.

5. The impartiality of the investigation staff must be guaranteed. Their


remuneration must not depend on the number of investigations carried
out or on the results of such investigations.

6. The entity must take out liability insurance unless its liability is assumed
by one Member State in accordance with its national law.

7. The staff of the entity must observe professional secrecy with regard to all
information acquired in carrying out their tasks under this Regulation.

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Course Syllabus
Revision 28.10.2008

Aircraft Maintenance License - AML

Part-66
Detailed Course

Contents:

A. The EU legal framework - Principles


B. Structure of the EU regulatory system
C. Regulation (EC) No. 216/2008
D. ICAO reference material
E. Commission Regulation (EC) No. 2042/2003 + 707/2006
F. General structure of Part-66
G. Cross-reference between Part-66 requirements and syllabus contents
H. Detailed contents and level of detail expected (Full contents / Specific paragraphs /
Overview)
Revision 28.10.2008 Page 1 of 45
A. THE EU LEGAL FRAMEWORK - PRINCIPLES

The Community being a supranational organisation, Member States may no more:


deviate from common rules;
impose additional requirements; or
Conclude arrangements with third countries.

Legislative powers

The Legislator, through the Basic Regulation:


Defines the scope of powers transferred to the Community (the products, organizations and personnel that will be regulated by the
Community to protect public interest)
Adopts the essential requirements specifying the objectives to be met (the obligations and means to reach the desired level of protection)
Distributes the executive tasks among the executive agents
Establishes the means of judicial control when executive powers are given to Community bodies

Executive powers

Certification is carried out:


By the Agency (when centralized action is more efficient);
By the National Aviation Authorities (Commission oversight through the Agency).

Judicial powers

Oversight and enforcement are carried out by the national systems, under the supervision of national Courts
The interpretation of Community law is made by the Court of Justice of the European Community.

THE AGENCY:

Drafts common rules (EASA Regulation and implementing rules)


Adopts material for the implementation of common rules (airworthiness codes, interpretation and guidance material)
Issues type certificates (TC, STC,), approves organisations (DOA and, outside the European territory, POA, MOA), ensures their
continued oversight
Oversees the application of rules by the Member States and recommends the necessary enforcement actions to the Commission
Acts as a focal point for third countries and international organizations for the harmonisation of rules and the recognition / validation of
certificates

Revision 28.10.2008 Page 2 of 45


THE MEMBER STATES (NAAS):

Provide expertise as appropriate for rulemaking tasks


Develop national administrative rules for the implementation and enforcement of common rules (administrative procedures)
May take action on a case by case basis if so required to ensure safety or appropriate operational flexibility (safeguards)
Approve organisations in their territory (except DOs)
Issue certificates for individual products on their registry
Issue personnel licences for aircraft maintenance certifying staff (Part-66)

B. STRUCTURE OF THE EU REGULATORY SYSTEM

a) BASIC REGULATION

The Parliament and the Council define the Scope of Powers transferred from the Member States to the Community
They adopt the Essential Requirements specifying the objectives to be met
The Basic Regulation was adopted by the European Parliament and the Council, according to the co-decision procedure
It defines the scope of Community competence
It establishes the objectives and principles of Community action
It establishes the division of regulatory and executive powers between the Agency, the European Institutions and the Member States

b) IMPLEMENTING RULES

The Commission adopts standards for implementing the essential requirements


The Implementing Rules were adopted by the Commission, according to the comitology procedure
They establish common standards in the fields of airworthiness, continuing airworthiness and environmental protection that:
Fulfil the objectives and principles established in the Essential Requirements
Are in compliance with ICAO SARPs
They define the Competent Authority for the executive functions and establish rules and procedures for its implementation

d) ACCEPTABLE MEANS OF COMPLIANCE

66.B.15 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.

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C. REGULATION (EC) NO 216/2008

CHAPTER I Article 1 1. Applicability of the Basic Regulation to products, parts and


PRINCIPLES Scope appliances

This Regulation shall apply to:

(a) the design, production, maintenance and operation of


aeronautical products, parts and appliances, as well as
personnel and organisations involved in the design, production and
maintenance of such products, parts and appliances.

(b) personnel and organisations involved in the operation of aircraft.

CHAPTER II SUBSTANTIVE REQUIREMENTS

Article 4 Basic principles 1. Aircraft, including any installed product, part and appliance, which
and applicability are:

(a) designed or manufactured by an organisation for which the Agency


or a Member State ensures safety oversight

or

(b) registered in a Member State, unless their regulatory safety


oversight has been delegated to a third country and they are not
used by a Community operator
or

(c) registered in a third country and used by an operator for which any
Member State ensures oversight of operations, or used into, within
or out of the Community by an operator established or residing in
the Community
or

(d) registered in a third country, or registered in a Member State


which has delegated their regulatory safety oversight to a third
country, and used by a third country operator into, within or out of
Revision 28.10.2008 Page 4 of 45
the Community shall comply with this Regulation.

4. Paragraph 1 shall not apply to aircraft referred to in Annex II.

Article 5 Airworthiness 1. Aircraft referred to in Article 4(1) (a), (b) and (c) shall comply with
the essential requirements for airworthiness laid down in
Annex I.

2. Compliance of aircraft referred to in Article 4(1)(b), and of products,


parts and appliances mounted thereon shall be established in
accordance with the following.

(g) the capability of maintenance training organisations to


discharge the responsibilities associated with their privileges in
relation to the issuance of the certificates referred to in point (f)
may be recognised by the issuance of an approval.

5. The measures designed to amend non-essential elements of this


Article, by supplementing it, shall be adopted in accordance with the
regulatory procedure with scrutiny referred to in Article 65(4). Those
measures shall specify in particular:

(f) conditions to issue, maintain, amend, suspend or revoke


organisation approvals i.a.w. 2(d), (e) and (g) and conditions
under which such approvals need not be requested;

(h) responsibilities of the holders of certificates.

1. Member States shall, without further technical requirements or


Article 11 Recognition of evaluation, recognise the certificates issued in accordance with
certificates this Regulation. When the original recognition is for a particular
purpose, or purposes, any subsequent recognition shall cover only the
same purpose or purpose(s).

Note: such an automatic mutual recognition is possible, provided that


the State issuing the certificates is fully compliant with the provisions of
the Basic Regulation. If that is not the case (i.e. new Member States
accessing the European Union), then this article shall not apply (Refer to
Regulation 1962/2006 for a practical example).

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2. The Commission, on its own initiative or at the request of a Member
State or of the Agency, may initiate the procedure referred to in Article
65(7) to decide whether a certificate issued in accordance with this
Regulation effectively complies with this Regulation and its
implementing rules. In case of non-compliance or ineffective
compliance, the Commission shall require the issuer of a
certificate to take appropriate corrective action and safeguard
measures, such as limitation or suspension of the certificate.
Moreover, the provisions of paragraph 1 shall cease to apply to
the certificate from the date of the notification of the Commission's
decision to the Member States.

3. When the Commission has sufficient evidence that appropriate


corrective action has been taken by the issuer referred to in
paragraph 2 to address the case of non-compliance or ineffective
compliance and that the safeguard measures are no longer necessary,
it shall decide that the provisions of paragraph 1 apply again to
this certificate. These provisions shall apply as from the date of the
notification of this decision to the Member States.

Article 14 Flexibility provisions 4. Member States may grant exemptions in the event of unforeseen
urgent operational circumstances or operational needs of a limited
duration, provided the level of safety is not adversely affected
thereby. Appropriate notification.

Article 18 Agency measures The Agency shall, where appropriate:


(a) issue opinions addressed to the Commission;
(b) issue recommendations addressed to the Commission for the
application of Art. 14;
(c) issue certification specifications, including airworthiness codes and
acceptable means of compliance, as well as any guidance
material for the application of this Regulation and its
implementing rules.

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ANNEX I Essential 3. Organisations
requirements
for airworthiness 3.a. Organisation approvals must be issued when the following
referred to conditions are met:
in Article 5
3.a.1. the organisation must have all the means necessary for the scope
of work. These means comprise, but are not limited to, the
following: facilities, personnel, equipment, tools and material,
documentation of tasks, responsibilities and procedures, access to
relevant data and record-keeping;

3.a.2. the organisation must implement and maintain a management


system to ensure compliance with these essential requirements for
airworthiness, and aim for continuous improvement of this system;

3.a.3. the organisation must establish arrangements with other relevant


organisations, as necessary, to ensure continuing compliance with
these essential requirements for airworthiness;

3.a.4. the organisation must establish an occurrence reporting and/or


handling system, which must be used by the management system
under point 3.a.2 and the arrangements under point 3.a.3, in order
to contribute to the aim of continuous improvement of the safety of
products.

ANNEX II Aircraft referred Art. 4(1), (2) & (3) do not apply to aircraft falling in one or more of the
to in Article 4(4) categories below:

(a) historic aircraft meeting the criteria below:


(i) non complex aircraft whose:
initial design was established before 1.1.1955 and
production has been stopped before 1.1.1975

or

(ii) aircraft having a clear historical relevance, related to:


a participation in a noteworthy historical event; or
a major step in the development of aviation; or

Revision 28.10.2008 Page 7 of 45


a major role played into the armed forces of a Member State

(b) Aircraft specifically designed or modified for research, experimental


or scientific purposes, and likely to be produced in very limited
numbers.

(c) aircraft of which at least 51% is built by an amateur, or a non profit


making association of amateurs, for their own purposes and without
any commercial objective.

(d) Aircraft that have been in the service of military forces, unless the
aircraft is of a type for which a design standard has been adopted by
the Agency.

(e) aeroplanes, helicopters and powered parachutes having no more than


two seats, a maximum take-off mass, as recorded by the Member
States, of no more than:
(i) 300 kg for a land plane/helicopter, single seater; or
(ii) 450 kg for a land plane/helicopter, two seater; or
(iii) 330 kg for an amphibian or floatplane/helicopter single seater; or
(iv)495 kg for an amphibian or floatplane/helicopter two seater,
provided that, where operating both as a floatplane/helicopter and as
a land plane/helicopter, it falls below both MTOM limits, as
appropriate;
(v) 472,5 kg for a land plane, two seater equipped with an airframe
mounted total recovery parachute system;
(vi)315 kg for a land plane single-seater equipped with an airframe
mounted total recovery parachute system;
and, for aeroplanes, having the stall speed or the minimum steady
flight speed in landing configuration not exceeding 35 knots
calibrated air speed (CAS);

(f) Single and two-seater gyroplanes with a maximum take off mass
560 kg.

(g) Gliders with a maximum empty mass, of no more than 80 kg when


single seater or 100 kg when two seater, including those which are
foot launched.

Revision 28.10.2008 Page 8 of 45


(h) Replicas of aircraft meeting the criteria of (a) or (d) above, for which
the structural design is similar to the original aircraft.

(i) Unmanned aircraft with an operating mass of no more than 150 kg.

(j) Any other aircraft which has a maximum empty mass, including fuel,
70 kg.

D. ICAO REFERENCE MATERIAL

ICAO Doc 7300 Convention on International Civil Aviation

Chapter 5 Conditions to be fulfilled Article 32: Licenses of Personnel


with respect to Aircraft
Article 33: Recognition of certificates and licenses
Chapter 6 International
Standards and Article 37: Adoption of international standards and practices
Recommended Practices To this end ICAO shall adopt and amend from time to time, as may be necessary,
international standards and recommended practices and procedures

Article 39: Endorsement of licenses and certificates

ICAO Annex 1 Personnel Licensing

Chapter 4 Licenses and Ratings for 4.1 General rules concerning licences and ratings for personnel other
Personnel other than than flight crew members
Flight Crew Members
4.1.1 An applicant shall, before being issued with any licence or rating for
personnel other than flight crew members, meet such requirements in
respect of age, knowledge, experience and where appropriate, medical
fitness and skill, as are specified for that licence or rating.

4.1.2 An applicant, for any licence or rating for personnel other than flight crew
members, shall demonstrate, in a manner determined by the Licensing
Authority, such requirements in respect of knowledge and skill as are
specified for that licence or rating.

4.2 Aircraft maintenance (technician / engineer / mechanic)

Revision 28.10.2008 Page 9 of 45


4.2.1 Requirements for the issue of the licence

4.2.1.1 Age
The applicant shall be not less than 18 years of age.

4.2.1.2 Knowledge
The applicant shall have demonstrated a level of knowledge relevant to the
privileges to be granted and appropriate to the responsibilities of an aircraft
maintenance licence holder, in at least the following subjects:

Air law and airworthiness requirements


Natural science and aircraft general knowledge
Aircraft engineering
Aircraft maintenance
Human performance

4.2.1.3 Experience
The applicant shall have had the following experience in the inspection,
servicing and maintenance of aircraft or its components:

a) for the issue of a licence with privileges for the aircraft in its entirety, at
least:
1) four years;
or

2) two years if the applicant has satisfactorily completed an approved


training course;
and

b) for the issue of a licence with privileges restricted in accordance with


4.2.2.2 a) 2) or 3), a period of time that will enable a level of
competency equivalent to that required in a) to be attained,
provided that this is not less than:

1) two years;
or

2) such a period as the State considers necessary to provide an equivalent


level of practical experience to applicants who have satisfactorily
completed an approved training course.

Revision 28.10.2008 Page 10 of 45


4.2.1.4 Training
Recommendation. The applicant should have completed a course of
training appropriate to the privileges to be granted.
Note - The Training Manual (Doc 7192), Part D-1, contains guidance
material on a training course for applicants for an aircraft maintenance
licence.

4.2.1.5 Skill
The applicant shall have demonstrated the ability to perform those functions
applicable to the privileges to be granted.

4.2.2 Privileges of the holder of the licence and the conditions to be observed in
exercising such privileges

4.2.2.1 Subject to compliance with the requirements specified in 4.2.2.2 and


4.2.2.3, the privileges of the holder of an aircraft maintenance licence shall
be to certify the aircraft or parts of the aircraft as airworthy after an
authorized repair, modification or installation of a powerplant, accessory,
instrument, and/or item of equipment, and to sign a maintenance release
following inspection, maintenance operations and/or routine servicing.

4.2.2.2 The privileges of the holder of an aircraft maintenance licence specified in


4.2.2.1 shall be exercised only:
a) in respect of such:
1) aircraft as are entered on the licence in their entirety either
specifically or under broad categories;

or

2) airframes and powerplants and aircraft systems or components as


are entered on the licence either specifically or under broad categories;
and/or
3) aircraft avionic systems or components as are entered on the licence
either specifically or under broad categories;

b) provided that the licence holder is familiar with all the relevant information
relating to the Maintenance and Airworthiness of the particular
aircraft for which the licence holder is signing a Maintenance
Release, or such airframe, powerplant, aircraft system or
component and aircraft avionic system or component which the
licence holder is certifying as being airworthy;
Revision 28.10.2008 Page 11 of 45
and

c) on condition that, within the preceding 24 months, the licence holder


has either had experience in the inspection, servicing or maintenance of an
aircraft or components in accordance with the privileges granted by the
licence held for not less than six months, or has met the provision for the
issue of a licence with the appropriate privileges, to the satisfaction of the
Licensing Authority.

4.2.2.3 A Contracting State shall prescribe the scope of the privileges of the licence
holder in terms of the complexity of the tasks to which the certification
relates.

4.2.2.3.1 Recommendation - Details of the certification privileges should be


endorsed on or attached to thelicence, either directly orby reference to
another document issued by the Contracting State.

4.2.2.4 When a Contracting State authorizes an approved maintenance


organization to appoint non-licensed personnel to exercise the privileges of
4.2.2, the person appointed shall meet the requirements specified in 4.2.1.

ICAO Doc 7192 Training Manual

Part D-1 Aircraft Maintenance Doc 7192 - Training Manual, Part D-1 - Aircraft Maintenance (Technician/Engineer/
(Technician / Engineer / Mechanic) details the training requirements which, however, are not all-inclusive and
Mechanic) are provided as a guideline for the minimum requirements used in the training of
Aircraft Maintenance (Technician / Engineer / Mechanic) (AME) personnel.

The training course for maintenance personnel assigned to duties in line with the
requirements of Annex 1 - Personnel Licensing and Annex 6 - Operation of Aircraft
must include but should not be limited to the syllabi suggested in this manual.

Phase One - Knowledge


Consists of basic training, its completion ensures that a trainee has the necessary
background in terms of knowledge to proceed to Phase Two of the training. The
training specifications defined in Chapters 3 to 9 are basic principles corresponding
to the knowledge common to all the tasks of an AME job.

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Phase Two - Skills
Consists of general maintenance practices, practical skills and attitude training in
order to master essential skills before proceeding to work on airworthy aircraft or
components. A training specification for this phase is detailed in Chapters 10, 11, 12.

Phase Three - Experience


Consists of applied practical on-the-job training (simulated or actual tasks under
supervision) and job oriented maintenance experience. This phase may be arranged
on the job or in the training centre. A training specification for this phase is detailed in
Chapter 13.

E. COMMISSION REGULATION (EC) No. 2042/2003 + 707/2006

Article 1 Objective and scope 1. This Regulation establishes common technical requirements and
administrative procedures for ensuring the continuing
airworthiness of aircraft, including any component for installation
thereto, which are:

(a) registered in a Member State; or


(b) registered in a third country and used by an operator for which
a Member State ensures oversight of operations.

2. Paragraph 1 shall not apply to aircraft the regulatory safety


oversight of which has been transferred to a third country and which
are not used by a Community operator, or to aircraft referred to in
Annex II to the basic Regulation.

3. The provisions of this Regulation related to commercial air transport


are applicable to licensed air carriers as defined by Community
law See below

Article 2 Definitions (a) aircraft


(c) component
(d) continuing airworthiness
(g) large aircraft;
(h) maintenance
(i) organisation;
(j) pre-flight inspection
Revision 28.10.2008 Page 13 of 45
Additional definitions AML: Aircraft Maintenance Licence (Part-66) is a document issued on
related to the Aircraft the standard EASA Form 26 which permits the holder to exercise
Maintenance License privileges (issue Certificates of Release to Service following an aircraft
maintenance).Note: For the time being, Part-66 AML considers aircraft
maintenance only (Category A, B1, B2 or C AML).

Basic knowledge is a level of knowledge in the appropriate subject


modules in accordance with Appendix I to the Part-66 (for
category/subcategory A, B1, B2) which an applicant for an aircraft
maintenance licence or the addition of a category or subcategory to such
an aircraft maintenance licence shall demonstrate by examination.

Type training / rating refers to an aircraft type training approved by


the competent authority or conducted by an appropriately approved Part-
147 maintenance training organisation which shall include theoretical and
practical elements of the aircraft type and consist of the appropriate
course in relation to the licence holder privileges and when theoretical and
practical training shall comply with Appendix III to the Part-66

Conversion provisions describe the grandfather rights applicable to


holders of a certifying staff qualification valid in a Member State, prior to
the date of entry into force of the Part-66. Privileges can be transferred to
the newly issued Part-66 aircraft maintenance licence without further
examination, subject to conditions specified in Part-66 Section B (e.g.
endorsement of technical limitations).

Article 5 1. Certifying staff shall be qualified in accordance with the provisions of


Certifying Staff Annex III, except as provided for in M.A.607(b) and M.A.803 of Annex
I and in 145.A.30(j) of and Appendix IV to Annex II.

[Annex I: Part-M - M.A.607(b): unforeseen cases, where an aircraft is


grounded at a location other than the main base where no appropriate
certifying staff is available. M.A.803: 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.

Revision 28.10.2008 Page 14 of 45


Annex II: Part-145 - 145.A.30(j): organisations facilities and for line
maintenance carried out at a line station of an organisation which is
located outside the Community territory, limited certification
authorisation to flight crew, unforeseen cases where an aircraft is
grounded at a location other than the main base where no appropriate
certifying staff is available.]

2. Any aircraft maintenance licence and if any, the technical limitations


associated with that licence, issued or recognised by a Member State
in accordance with the JAA requirements and procedures and valid at
the time of entry into force of this Regulation, shall be deemed to
have been issued in accordance with this Regulation.

F. GENERAL OVERVIEW OF PART-66

Legal basis of Part-66


Reference codes and related material
General structure of Part-66

1. Legal Basis of Part-66 and the AML system

Text is based upon Regulation (EC) 1592/2002 and in particular, the following articles thereof:

A) Article 5.2(e) Personnel certificates


B) Article 5.4(g) Condition of issue, maintain, etc., personnel certificates
C) Article 5.4(h) Responsibilities of the holders of certificates
D) Articles 2 and 8 Recognition of certificates
E) Article 10 Flexibility provisions
F) Article 57 Grandfather rights

2. Reference codes and related material

This annex is a transposition of JAR 66 Issue 1 dated 3 April 1998 and the associated Temporary Guidance Leaflets. JAR 66 contents have
been extended in order to include aeroplanes and helicopters with a maximum take-off mass below 5700kg. Such additions are based upon
the results of the work of the JAA JAR 66 Light Aircraft Study Group, which itself used the initial Notice of Proposed Amendment (NPA) 66-1
and related public comments.

Revision 28.10.2008 Page 15 of 45


3. General structure of Part-66

Definition of the Competent Authority (66.1)

Section A: Technical Requirements

Subpart A Aircraft Maintenance Licence Aeroplanes and Helicopters


Subpart B Aircraft other than Aeroplanes and Helicopters
Subpart C Components

Section B: Procedure for Competent Authorities

Subpart A General
Subpart B Issue of an Aircraft Maintenance Licence
Subpart C Examinations
Subpart D Conversion of National Qualifications
Subpart E Examination Credits
Subpart F Revocation, Suspension or Limitation of the Aircraft Maintenance Licence

Revision 28.10.2008 Page 16 of 45


G. CROSS-REFERENCE BETWEEN PART-66 REQUIREMENTS AND SYLLABUS CONTENTS

F = Full contents
ANNEX III Part-66 Subject O = Overview
X = Not Relevant
66.1 Scope F

SECTION A TECHNICAL REQUIREMENTS

SUBPART A AIRCRAFT MAINTENANCE LICENCE AEROPLANES AND HELICOPTERS

66.A.1 (a) Scope F


66.A.1 (b) Scope F

66.A.10 Application F

Appendix V Application form and example of licence format O

AMC 66.A.10 Application F

66.A.15 Eligibility F

66.A.20 (a) Privileges F


66.A.20 (b) Privileges F

AMC 66.A.20 (a) Privileges F


AMC 66.A.20 (b)2 Privileges F

GM 66.A.20 (a) Privileges F


GM 66.A.20 (b)3 Privileges F

66.A.25 (a) Basic knowledge requirements F


66.A.25 (b) Basic knowledge requirements F

Appendix I Basic knowledge requirements O

AMC 66.A.25 Basic knowledge requirements F

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GM 66.A.25 (a) Basic knowledge requirements F

66.A.30 (a) Experience requirements F


66.A.30 (b) Experience requirements F
66.A.30 (c) Experience requirements F
66.A.30 (d) Experience requirements F
66.A.30 (e) Experience requirements F

Appendix IV Experience requirements for extending a Part-66 aircraft maintenance F


licence

AMC 66.A.30 (a) Experience requirements F


AMC 66.A.30 (d) Experience requirements F
AMC 66.A.30 (e) Experience requirements F

GM 66.A.30 (a) Experience requirements F

66.A.40 (a) Continued validity of the aircraft maintenance licence F


66.A.40 (b) Continued validity of the aircraft maintenance licence F
66.A.40 (c) Continued validity of the aircraft maintenance licence F

GM 66.A.40 Continued validity of the aircraft maintenance licence F

66.A.45 (a) Type/task training and ratings F


66.A.45 (b) Type/task training and ratings F
66.A.45 (c) Type/task training and ratings F
66.A.45 (d) Type/task training and ratings F
66.A.45 (e) Type/task training and ratings F
66.A.45 (f) Type/task training and ratings F
66.A.45 (g) Type/task training and ratings F
66.A.45 (h) Type/task training and ratings F

Appendix III Type training and examination standard O

AMC 66.A.45 (a) Type/task training and ratings F


AMC 66.A.45 (d) Type/task training and ratings F
AMC 66.A.45 (e) Type/task training and ratings F
AMC 66.A.45 (g) Type/task training and ratings F

Revision 28.10.2008 Page 18 of 45


AMC 66.A.45 (h) Type/task training and ratings F

Appendix II to AMC Aircraft type practical experience List of tasks O

GM 66.A.45 (d) Type/task training and ratings F


GM 66.A.45 (d) and (e) Type/task training and ratings F
GM 66.A.45 (f) Type/task training and ratings F

66.A.55 Evidence of qualification F

66.A.70 Conversion provisions F

AMC 66.A.70 Conversion provisions F

GM 66.A.70 Conversion provisions F

SUBPART B AIRCRAFT OTHER THAN AEROPLANES AND HELICOPTERS

66.A.100 General F

SUBPART C COMPONENTS

66.A.200 General F

SECTION B PROCEDURE FOR COMPETENT AUTHORITIES

SUBPART A GENERAL

66.B.05 Scope X

66.B.10 (a) Competent Authority X


66.B.10 (b) Competent Authority X
66.B.10 (c) Competent Authority X

66.B.15 Acceptable means of compliance F

66.B.20 (a) Record-keeping X


66.B.20 (b) Record-keeping X
66.B.20 (c) Record-keeping X
Revision 28.10.2008 Page 19 of 45
66.B.20 (d) Record-keeping X
66.B.20 (e) Record-keeping X

66.B.25 (a) Mutual exchange of information X


66.B.25 (b) Mutual exchange of information X

66.B.30 Exemptions X

SUBPART B ISSUE OF AN AIRCRAFT MAINTENANCE LICENCE

66.B.100 (a) Procedure for the issue of an aircraft maintenance licence by the F
competent authority
66.B.100 (b) Procedure for the issue of an aircraft maintenance licence by the F
competent authority
66.B.100 (c) Procedure for the issue of an aircraft maintenance licence by the F
competent authority

Appendix V Application form and example of licence format O

AMC 66.B.100 Procedure for the issue of an aircraft maintenance licence by the F
competent authority

AMC 66.B.100 to 115 Use of standard codes for aircraft type endorsement F

Appendix I to AMC Aircraft type ratings for Part-66 aircraft maintenance licence O

66.B.105 (a) Procedure for the issue of an aircraft maintenance licence via the Part-145 F
AMO
66.B.105 (b) Procedure for the issue of an aircraft maintenance licence via the Part-145 F
AMO

AMC 66.B.105 Procedure for the issue of an aircraft maintenance licence via the Part-145 F
AMO

66.B.110 (a) Procedure for the amendment of an AML to include an additional basic F
category / subcategory
66.B.110 (b) Procedure for the amendment of an AML to include an additional basic F
category / subcategory

Revision 28.10.2008 Page 20 of 45


66.B.110 (c) Procedure for the amendment of an AML to include an additional basic F
category / subcategory
66.B.110 (d) Procedure for the amendment of an AML to include an additional basic F
category / subcategory

AMC 66.B.110 Procedure for the amendment of an AML to include an additional basic F
category / subcategory

66.B.115 Procedure for the amendment of an AML to include an aircraft type or F


group

AMC 66.B.115 Procedure for the amendment of an AML to include an aircraft type or F
group

GM 66.B.115 (b) Procedure for the amendment of an AML to include an aircraft type or F
group

66.B.120 (a) Procedure for the renewal of an aircraft maintenance licence validity F
66.B.120 (b) Procedure for the renewal of an aircraft maintenance licence validity F
66.B.120 (c) Procedure for the renewal of an aircraft maintenance licence validity F

AMC 66.B.120 Procedure for the renewal of an aircraft maintenance licence validity F

SUBPART C EXAMINATIONS

66.B.200 (a) Examination by the competent authority F


66.B.200 (b) Examination by the competent authority F
66.B.200 (c) Examination by the competent authority F
66.B.200 (d) Examination by the competent authority F
66.B.200 (e) Examination by the competent authority F
66.B.200 (f) Examination by the competent authority F
66.B.200 (g) Examination by the competent authority F
66.B.200 (h) Examination by the competent authority F
66.B.200 (i) Examination by the competent authority F

Appendix II Basic examination standard O

Appendix III Type training and examination standard O

Revision 28.10.2008 Page 21 of 45


GM 66.B.200 Examination by the competent authority O

SUBPART D CONVERSION OF NATIONAL QUALIFICATIONS

66.B.300 (a) General F


66.B.300 (b) General F

66.B.305 Conversion report for national qualifications F

AMC 66.B.305 Conversion report for national qualifications F

66.B.310 Conversion report for approved maintenance organisations authorisations F

AMC 66.B.310 Conversion report for approved maintenance organisations authorisations F

SUBPART E EXAMINATION CREDITS

66.B.400 (a) General F


66.B.400 (b) General F

66.B.405 (a) Examination credit report F


66.B.405 (b) Examination credit report F
66.B.405 (c) Examination credit report F
66.B.405 (d) Examination credit report F

SUBPART F REVOCATION, SUSPENSION OR LIMITATION OF THE AML

66.B.500 Revocation, suspension or limitation of the aircraft maintenance licence F

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H. DETAILED CONTENTS AND LEVEL OF DETAIL EXPECTED (Full contents / Specific Paragraphs / Overview)

66.1 Competent Authority The competent authority shall be the authority designated by the Full contents
Member State to whom a person applies for the issuance of an
AML.

66.A.15 Eligibility An applicant for an AML shall be at least 18 years of age. Full contents

66.A.1 Scope This section establishes the requirements for the issue of an AML Full contents
and conditions of its validity and use, for aeroplanes and
helicopters of the following categories:

- Category A
- Category B1
- Category B2
- Category C

Categories A and B1 are subdivided into subcategories relative to


combinations of aeroplanes, helicopters, turbine and piston
engines.

The subcategories are:

- A1 and B1.1 Aeroplanes Turbine


- A2 and B1.2 Aeroplanes Piston
- A3 and B1.3 Helicopters Turbine
- A4 and B1.4 Helicopters Piston

66.A.20 Privileges Applicable privileges subject to compliance with (b) Full contents
requirements:
1. Privileges of a category A AML.
2. Privileges of a category B1 AML.
3. Privileges of a category B2 AML.
4. Privileges of a category C AML.

Revision 28.10.2008 Page 23 of 45


Requirements for the holder of an AML to exercise certification
privileges:

1. compliance with the applicable requirements of Part-M and/or


Part-145.

2. recency of experience, or meeting provision for the issue of


privileges.

3. ability to read, write, communicate to an understandable level


in the language(s) in which the technical documentation and
procedures necessary to support the issue of the CRS are
written.

AMC 66.A.20 Privileges Definitions of line and base maintenance. Full contents
(a) What line maintenance can include.
Tasks outside these criteria to be considered base maintenance.
Aircraft maintained i.a.w. progressive type programmes.

AMC 66.A.20 Privileges Criteria for the required 6 months experience: Overview
(b)2 As amended by - Duration
ED Decision 2007/018/R - Nature of the experience
- Cases in which the experience requirement does not apply

GM 66.A.20 (a) Privileges List of titles against each category designator to provide a readily Full contents
understandable indication of the job function:

Category A: Line maintenance certifying mechanic.


Category B1: Maintenance certifying technician - mechanical.
Category B2: Maintenance certifying technician - avionic.
Category C: Base maintenance certifying engineer.

Titles adopted by each competent authority may differ but the designators
A, B1, B2 and C are required by 66.A.20.

Individual AML holders need not be restricted to a single category.


Provided that each qualification requirement is satisfied, any combination
Revision 28.10.2008 Page 24 of 45
of categories may be granted.

Tasks permitted by 66.A.20 (a)1 to be certified under cat. A certification


authorisation (minor scheduled maintenance or simple defect rectification)
are as specified in Part 145 and agreed by the competent authority. Part
145 contains a typical example list of such tasks.
Meaning of minor scheduled line maintenance.

Criteria according to which category B1 licence permits certification of work


involving avionic systems (serviceability established by a simple self-test
facility, on-board test systems/equipment or simple ramp test equipment).

Defect rectification involving test equipment which requires an element of


decision making other than a simple go/no-go decision cannot be certified.
Category B2 need to be qualified as Cat A in order to carry out simple
mechanical tasks and be able to make certifications for such work.

What the Cat C certification authorisation permits (certification of


scheduled base maintenance by the issue of a single CRS for the
complete aircraft after the completion of all such maintenance). The basis
for this certification.

The principal function of the category C certifying staff.


Cat C personnel holding cat B1 / B2 qualifications may perform both roles
in base maintenance.

GM 66.A.20 Privileges Holders of a Part-66 AML may not exercise certification privileges Full contents
(b)3 unless they have a general knowledge of language used within
the maintenance environment including common aeronautical
terms in the language.
What the level of knowledge should be (details). Level of
understanding to be compatible with level of certification
privileges exercised.

66.A.55 Evidence of qualification Personnel exercising certification privileges must produce their Full contents
(Regulation (EC) 707/2006) licence, as evidence of qualification, if requested by an
authorised person, within 24 hours.

Revision 28.10.2008 Page 25 of 45


KNOWLEDGE REQUIREMENTS FOR AML

66.A.25 Basic knowledge An applicant for an AML or the addition of a category or Full contents
requirements subcategory to AML shall demonstrate, by examination, a level of
knowledge in the appropriate subject modules i.a.w. Appendix I
to this Part.

Basic knowledge examinations to be conducted by a Part-147


training organisation or by the competent authority.
Full/partial credit against basic knowledge requirements and
associated examination shall be given for any other technical
qualification considered equivalent by the competent authority to
the knowledge standard of this Part.

Such credits shall be established i.a.w. Section B, Subpart E.

Appendix I Basic knowledge 1. Knowledge levels - category A, B1, B2 and C AML. Overview
requirements
Basic knowledge for categories A, B1 and B2 are indicated by the
allocation of knowledge levels indicators (1, 2 or 3) against each
applicable subject.

Category C applicants must meet either the category B1 or the


category B2 basic knowledge levels.

Knowledge level indicators are defined as follows:

Definition of the knowledge level indicators:

Level 1 - definition, objectives, what the applicant should


be able to perform;
Level 2 - definition, objectives, what the applicant should
be able to perform;
Level 3 - definition, objectives, what the applicant should
be able to perform.

2. Modularisation description of the matrix, applicable subjects.

Revision 28.10.2008 Page 26 of 45


AMC 66.A.25 Basic knowledge Applicants qualified by holding an academic degree in a aeronautical, Full contents
requirements mechanical, electronic discipline from a recognised university or other
higher educational institute need for examination depending upon course
taken in relation to Appendix I.
Crediting knowledge gained and examinations passed during previous
experiences where competent authority is satisfied that such knowledge /
examinations are equivalent to that required by Appendix I.

EXPERIENCE REQUIREMENTS FOR AML

66.A.30 Experience requirements Experience requirements for an applicant for an AML: Full contents

1. for category A and subcategories B1.2 and B1.4:


2. for category B2 and subcategories B1.1 and B1.3:
3. for category C with respect to large aircraft:
4. for category C with respect to non large aircraft:
5. for category C obtained through the academic route.

Experience requirements for an extension to an AML (Appendix


IV).

For cat A, B1 and B2 the experience must be practical meaning.


At least 1 year of required experience to be recent maintenance
experience on aircraft of the category/subcategory for which the
initial AML is sought.

For subsequent category/subcategory additions to an existing


AML, the additional recent maintenance experience required = at
least 3 months.

Required experience = dependent upon difference between the


licence category/subcategory held and applied for. Such
additional experience must be typical of the new licence
category/subcategory sought.

Acceptance of aircraft maintenance experience gained outside a


civil aircraft maintenance environment: requirements. The need
for additional experience of civil aircraft maintenance; reasons.

Revision 28.10.2008 Page 27 of 45


Appendix IV Experience requirements for Experience requirements to add a new category/subcategory to Overview
extending a Part-66 aircraft Part-66 AML
maintenance licence Experience = practical maintenance experience on operating
aircraft in the subcategory relevant to the application.
Experience requirement = reduced by 50 % if the applicant has
completed an approved Part-147 course relevant to the
subcategory.

AMC 66.A.30 Experience requirements Cat. C applicant holding academic degree: representative Full contents
(a) selection of task.

An applicant to a Part-66 cat C licence may be qualified by


having 3 years experience as category B1 or B2 certifying staff
only in line maintenance.

Recommended: any applicant to cat C holding B1 or B2 licence


demonstrate 12 months experience as B1 or B2 base
maintenance support staff.

Meaning of skilled worker. Requirements for such training


course.

AMC 66.A.30 Experience requirements Requirements for experience to be considered as recent Full contents
(d) experience:
- at least 50% of the required 12 month experience
- the remainder of the experience

AMC 66.A.30 Experience requirements Additional experience of civil aircraft maintenance: Full contents
(e) - for category A
- for category B1 or B2

Examples of aircraft maintenance experience gained outside a


civil aircraft maintenance environment

Revision 28.10.2008 Page 28 of 45


GM 66.A.30 (a) Experience requirements Meaning of maintenance experience on operating aircraft. Overview
Purpose.
Such experience may be combined with approved training.

66.A.45 Type/task training and Task training Full contents


ratings Holder of a cat A AML may only exercise certification privileges
on a specific aircraft type following the satisfactory completion of
the relevant cat A aircraft task training carried out by an
appropriately approved Part-145 or Part-147 organisation.

The training shall include practical hands on training and


theoretical training as appropriate for each task authorised.
Satisfactory completion of training shall be demonstrated by an
examination and/or by workplace assessment carried out by an
appropriately approved Part-145 or Part-147 organisation.

Type training
Except as otherwise specified [group ratings], the holder of a cat
B1, B2 or C AML shall only exercise certification privileges on a
specific aircraft type when the AML is endorsed with the
appropriate aircraft type rating.

Except as otherwise specified [ratings on aircraft other than large


aircraft], ratings shall be granted following satisfactory
completion of the relevant cat B1, B2 or C aircraft type training
approved by the competent authority or conducted by an
appropriately approved Part-147 MTO.

Cat B1 and B2 approved type training shall include theoretical


and practical elements and consist of the appropriate course in
relation to the 66.A.20(a) privileges. Theoretical and practical
training shall comply with Appendix III.

Cat C approved type training shall comply with Appendix III. In


the case of a category C person qualified by holding an academic
degree as specified in 66.A.30(a), (5), the first relevant aircraft
type theoretical training shall be at the category B1 or B2 level.
Practical training is not required.

Revision 28.10.2008 Page 29 of 45


Completion of approved aircraft type training shall be
demonstrated by an examination. The examination shall comply
with Appendix III. The exam in respect of cat B1 or B2 or C
aircraft type ratings shall be conducted by appropriately
approved Part-147 MTO, the competent authority, or the training
organisation conducting the approved type training course.

Group ratings
For aircraft other than large aircraft, the holder of a cat B1 or B2
AML may also exercise certification privileges, when the AML is
endorsed with the appropriate group ratings, or manufacturer
group ratings, unless the Agency has determined that the
complexity of the aircraft requires a type rating.

Manufacturer group ratings may be granted after complying with


the type rating requirements of 2 aircraft types representative of
the group from the same manufacturer.

Full group ratings may be granted after complying with the type
rating requirements of three aircraft types representative of the
group from different manufacturers.

However, no full group rating may be granted to B1 multiple


turbine engine aeroplanes, where only manufacturer group rating
applies.

Definition of the groups:


(i) for category B1 or C;
(ii) for category B2 or C.

Ratings on aircraft other than large aircraft may also be granted,


subject to satisfactory completion of the relevant cat B1, B2 or C
aircraft type examination and demonstration of practical
experience on the aircraft type, unless the Agency has
determined that the aircraft is complex, where approved type
training is required.

In the case of cat C ratings on aircraft other than large aircraft,


for a person qualified by holding an academic degree as specified

Revision 28.10.2008 Page 30 of 45


in 66.A.30 (a), (5), the first relevant aircraft type examination
shall be at the cat B1 or B2 level.

Cat B1, B2 and C approved type examinations must consist of a


mechanical examination for cat B1 and an avionics examination
for cat B2 and both mechanical and avionics examination for cat
C.

The examination shall comply with Appendix III. It shall be


conducted by appropriately approved Part-147 MTO, or by the
competent authority.

Aircraft type practical experience shall include a representative


cross section of maintenance activities relevant to the category.

Appendix III Type training and examination 1. Type training levels Overview
standard Definitions, contents, objectives of each level:
Level 1 - General familiarisation
Level 2 - Ramp and transit
Level 3 - Line and base maintenance training

2. Type training standard


Type training must include a theoretical and practical element.
2.1. Theoretical element elements to be covered, levels, cat C
staff.
2.2. Practical element contents, objectives.
3. Type training examination standard requirements.
4. Type examination standard (without type training)
requirements.

AMC 66.A.45 Type/task training and For cat A certifying staff specific training on each aircraft type will Full contents
(a) ratings be required reflecting the authorised task(s) as per 66.A.20 (a)1.
Meaning of appropriately approved Part-145 or Part-147
organisation.

Revision 28.10.2008 Page 31 of 45


AMC 66.A.45 Type/task training and The training should give adequate detailed theoretical knowledge Overview
(d) ratings of: (list).

Elements to be taken into account by the course: (list).


What the practical training must comprise. Duration, conditions.
Structured on-job-training (OJT) to satisfy the practical training
requirement.

Practical training conducted by or under the responsibility of the


training organisation under an Part-147 approval or a direct type
course approval.

Design of the individual practical training records..


Practical training conducted by a Part-145 AMO.
Design of the individual practical training records
Practical training as a structured OJT programme. Requirements.

List of tasks to be accepted either directly for each individual, or


indirectly through the acceptance of a procedure giving
delegation to the AMO.
Practical element including acceptable cross section of
maintenance tasks.
What the applicant should be able to do before grant of the
aircraft type (list).
What the practical assessment should also ensure (list).

AMC 66.A.45 Type/task training and Cat C certifying staff may not carry out duties of category B1 or Full contents
(e) ratings B2 or equivalent within base maintenance unless they hold the
relevant B1 or B2 cat and have passed type training
corresponding to the relevant B1 or B2 cat

AMC 66.A.45 Type/task training and Meaning of aircraft types representative of a group for the B1 Full contents
(g) ratings category and for the B2 category.
A multiple engines group automatically includes the
corresponding single engine group.

Revision 28.10.2008 Page 32 of 45


AMC 66.A.45 Type/task training and Type experience = cover acceptable cross section of tasks from Full contents
(h) ratings Appendix II.

For the first aircraft type of each manufacturer group, at least


50% of the Appendix II tasks, as applicable to the aircraft type
and licence category, should be performed.

For the second aircraft type of each manufacturer group =


reduced to 30%.
For subsequent aircraft types of each manufacturer group =
reduced to 20%.
Type experience = demonstrated by the submission of records or
logbook showing Appendix II tasks performed by the applicant,
as specified by the competent authority.

Appendix II to AMC Aircraft type practical experience List of tasks

GM 66.A.45 (d) Type/task training and The required duration of practical training must be accepted on a case by Full contents
ratings case basis by the competent authority prior to the type rating endorsement.
Agreement on practical training duration = reached before training starts.
For applicants from a Part-145 AMO, the required duration may be
approved through the MOE procedures.

Guideline to define the required training duration in various cases (list).


Min 2 weeks practical training = normally required for all type training
courses, including the addition of similar type ratings on a Part-66 AML
(differences courses).

There may be cases where the practical differences training required is


less than two weeks (example).

AMC 66.A.45(d) specifies a practical training duration between 2 weeks


and 4 months, but in the case of a structured OJT performed at line
stations, due to the availability of aircraft its duration may need be
subsequently extended in order to fulfil the required list of supervised
tasks.

Revision 28.10.2008 Page 33 of 45


Except in those cases where the Part-147 MTO determines the practical
training required, it is the responsibility of the AMO to determine that the
duration of practical training is commensurate with the candidates recency
and experience. In either case the Member State must satisfy itself that the
practical training is of sufficient duration before adding a type rating.

Limited avionics system training should be included in cat B1 type training,


as the B1 privileges include replacement of avionic line replaceable units.
Electrical systems should be included in both categories type training.

GM 66.A.45 (d) Type/task training and Part-66 Appendix III type training levels are based upon ATA 104 Full contents
and (e) ratings (Air Transport Association) corresponding type training levels.

GM 66.A.45 (f) Type/task training and Exams in respect of cat B1 or B2 or C aircraft type ratings may Overview
ratings be conducted by appropriately approved Part-147 MTOs, the
Member State or an organisation accepted by the Member State
to conduct such examination.

66.A.10 Application Application for an AML or amendment to AML to be made on Full contents
EASA Form 19 in a manner established by the competent
authority, and submitted thereto.
An application for the amendment to an AML shall be made to the
competent authority that issued the AML.

Appendix V Application form and example Overview of the application form (EASA Form 19). Overview
of licence format Competent authority may modify EASA Form 19 to include
additional info necessary to support the case where national
requirements permit or require the AML to be used outside the
Part-145 requirement for non-CAT purposes.

AMC 66.A.10 Application How maintenance experience should be written up. Full contents
Task by task account vs. X years experience completed
statement.

Log book of maintenance experience.


Revision 28.10.2008 Page 34 of 45
Cross refer in the EASA Form 19 to other documents.
Applicants claiming maximum reduction in 66.A.30(a) total
experience based upon having successfully completed 147.A.200
approved basic training, to include the Part-147 certificate of
recognition for approved basic training.

Applicants claiming reduction in 66.A.30(a) total experience


based upon having successfully completed technical training in an
organisation or institute recognised by the competent authority
as a competent organisation or institute, to include the relevant
certificate of successful completion.

66.B.100 Procedure for the issue of an On receipt of EASA Form 19 and any supporting documentation, Full contents
AML by the competent the competent authority shall verify EASA Form 19 for
authority completeness and ensure that the experience claimed meets the
requirement of this Part.

The competent authority shall verify an applicant's examination


status and/or confirm the validity of any credits to ensure that all

required modules of Appendix 1 have been met as required by


this Part.

The competent authority shall issue the AML when satisfied that
the applicant meets the standards of knowledge & experience
required by this Part. The same information shall be kept on
competent authority file.

Appendix V Application form and example Overview of the Part-66 AML. Overview
of licence format

AMC 66.B.100 Procedure for the issue of an Applicants claiming credit against 66.A.30(a) total experience Full contents
AML by the competent requirement by virtue of 66.A.30(d) non-civil aircraft maintenance
authority experience: conditions, requirements, statement to be provided by
applicant, checks by the competent authority.

Revision 28.10.2008 Page 35 of 45


AMC 66.B.100 Standard codes for aircraft Aircraft type endorsement = use of standard codes contained in Full contents
to 115 type endorsement Appendix I.
NB: the list is regularly updated - Refer to latest/current
ED Decision.

Appendix I to Aircraft type ratings for Part- See above - Refer to latest/current ED Decision (Overview). Overview
AMC 66 AML -

66.B.105 Procedure for the issue of an The Part 145 AMO procedure must be included in the MOE and Full contents
AML via the Part-145 AMO audited by the Member State at least once in each 12 month
period.

Applicants claiming max reduction in 66.A.30(a) total experience


based upon having successfully completed a 147.A.200 approved
basic training course: include Part-147 certificate of recognition
for approved basic training.

Applicants claiming reduction in 66.A.30(a) total experience


based upon having successfully completed technical training in an
organisation / institute recognised by the competent authority as
competent: include the relevant certificate of successful
completion of training.

Applicants claiming credit against 66.A.30(a) total experience


requirement by virtue of 66.A.30(d) non-civil aircraft
maintenance experience: conditions, requirements, statement to
be provided by applicant, check by Part-145 Org.

Part 145 AMO may keep the experience record of applicants in a


different form from that of EASA Form 19 if acceptable to the
competent authority.

66.B.110 Procedure for the amendment The applicant for additional basic categories / subcategories to an Full contents
of an AML to include an AML shall submit in addition to the docs required under 66.B.100
additional basic category / / 66.B.105 his current original AML to the competent authority
subcategory together with EASA Form 19.

Revision 28.10.2008 Page 36 of 45


At the completion of the procedure i.a.w. 66.B.100 / 66.B.105,
the competent authority shall endorse the additional basic
category or subcategory on the AML by stamp and signature or
reissue the licence.

The competent authority file shall be amended accordingly.


Applicants for amendment of the basic categories qualifying for
such variation via 66.B.100 or via 66.B.105 in a Member State
other than the Member State in which they first qualified; related
requirements.

AMC 66.B.110 Procedure for the amendment In the case of computer generated licences, the licence should be Full contents
of an AML to include an reissued.
additional basic category /
subcategory

66.B.115 Procedure for the amendment On receipt of a satisfactory EASA Form 19 and any supporting Full contents
of an AML to include an documentation demonstrating compliance with the applicable
aircraft type or group type rating and/or group rating requirements and the
accompanying AML, the competent authority shall either endorse
the applicant's AML with the aircraft type or group or reissue the
AML to include the aircraft type or group.
The competent authority file shall be amended accordingly.

AMC 66.B.115 Procedure for the amendment Aircraft type training covered by more than one course: Overview
of an AML to include an verifications by the competent authority.
aircraft type or group Differences training for a similar type: verifications by competent
authority.

How to demonstrate compliance with the practical elements.

GM 66.B.115 Procedure for the amendment Where the Part-145 AMO conducts the practical training, it must Overview
(b) of an AML to include an confirm to the competent authority that the trainee has been
aircraft type or group assessed and has successfully completed the practical elements
of type training course to satisfy the requirements of 66.A.45(c).

Revision 28.10.2008 Page 37 of 45


Competent authority shall agree on how practical elements are
assessed, e.g. under a procedure or on a case by case basis.

66.A.40 Continued validity of the AML AML becomes invalid 5 years after last issue or amendment, Full contents
unless holder submits it to the competent authority that issued it,
in order to verify that the information contained in the licence is
the same as that contained in the competent authority records,
pursuant to 66. B.120.

Certification privileges based upon AML = invalid as soon as AML


is invalid.

AML is only valid when issued and/or amended by the competent


authority and when the holder has signed the document.

GM 66.A.40 Continued validity of the AML Validity of the Part-66 AML is not affected by recency of Full contents
maintenance experience, whereas the validity of the 66.A.20
privileges is affected by maintenance experience as specified in
66.A.20(a).

RENEWAL OF AN AML

66.B.120 Procedure for the Holder of an AML shall complete relevant parts of EASA Form 19 Full contents
renewal of an AML validity & submit it with his copy of AML to the competent authority that
issued the original AML, unless Part-145 AMO has a MOE
procedure whereby such organisation may submit the necessary
documentation on behalf of the AML holder.

Competent authority shall compare holder's AML with the


competent authority file and verify any pending revocation,
suspension or variation action pursuant to 66.B.500. If the
documents are identical and no action is pending pursuant to 66.
B.500, the holder's copy shall be renewed for five years and the
file endorsed accordingly.

Revision 28.10.2008 Page 38 of 45


If the competent authority file is different from the AML held by
the holder:

the competent authority shall investigate the reasons for such


differences and may choose not to renew the AML;
the competent authority shall inform the licence holder and
any known Part-145 or Part-M AMO affected of such fact and
shall, if necessary, take action i.a.w. 66.B.500 to revoke,
suspend or amend the AML.

AMC 66.B.120 Procedure for the renewal of Competent authority should not carry out investigation to ensure Full contents
an AML validity that AML holder is in current maintenance practice. This is a
As amended by matter for the AMO in ensuring validity of the certification
ED Decision 2007/018/R authorisation.

To ensure the continued validity of the certification privileges, the


competent authority may request the licence holder for
documentary evidence of compliance with 66.A.20(b) when
exercising such privileges.

REVOCATION, SUSPENSION OR LIMITATION OF THE AML

66.B.500 Revocation, suspension Competent authority shall suspend, limit or revoke the AML Full contents
or limitation of the AML where it has identified a safety issue or if it has clear evidence
that the person has carried out or been involved in one or more
of the following activities:

Obtaining the AML and/or the certification privileges by


falsification of submitted documentary evidence.
Failing to carry out requested maintenance combined with
failure to report such fact to the organisation or person who
requested the maintenance.
Failing to carry out required maintenance resulting from own
inspection combined with failure to report such fact to the
organisation or person for whom the maintenance was
intended to be carried out.

Revision 28.10.2008 Page 39 of 45


Negligent maintenance.
Falsification of the maintenance record.
Issuing a CRS knowing that the maintenance specified on the
CRS has not been carried out or without verifying that such
maintenance has been carried out.
Carrying out maintenance or issuing a CRS when adversely
affected by alcohol or drugs.
Issuing CRS while not in compliance with this Part.

EXAMINATIONS

66.B.200 Examination by the competent Secure storage of examination questions prior to an examination, Full contents
authority to ensure that candidates will not know which particular
questions will be included.

The competent authority shall nominate those persons who


control the questions to be used for each examination.
The competent authority shall appoint examiners who shall be
present during all examinations to ensure the integrity of the
examination.

Basic examinations shall follow the standard specified in


Appendix I and II.

Type examinations must follow the standard specified in


Appendix III.

New essay questions every six months; used questions =


withdrawn or rested from use. A record of questions used shall
be retained for reference.

All examination papers = handed out at the start of the


examination to the candidate & handed back to the examiner at
the end of the allotted time.
No exam paper may be removed from the exam room during the
exam.

Revision 28.10.2008 Page 40 of 45


Only the exam paper may be available to the candidate during
the exam, apart from specific documentation needed for type
examinations.

Examination candidates = separated from each other so that


they cannot read each other's examination papers.
They may not speak to any person other than the examiner.
Candidates proven to be cheating = banned from taking any
further exam within 12 months of the date of the exam in which
they were found cheating.

Appendix II Basic examination standard Standardisation Basis For Examinations Overview


All basic examinations = multi-choice question format & essay
questions.

Each multi-choice question = three alternative answers of which


only one must be the correct answer

Allowed a time per module = nominal average of 75 seconds per


question.

Each essay question = written answer; 20 minutes to answer


each question.

Essay questions = drafted and evaluated using the knowledge


syllabus in Part-66 Appendix I, Modules 7, 9 and 10.

Each question = a model answer drafted for it, which will also
include any known alternative answers that may be relevant for
other subdivisions.
Model answer = broken down into a list of important points (Key
Points).

The pass mark for each module and sub-module multi-choice


part = 75 %.
The pass mark for each essay question is 75 % (the candidates
answer must contain 75 % of the required key points addressed
and no significant error related to any required key point).

Revision 28.10.2008 Page 41 of 45


All Part-66 modules that make up a complete Part-66 AML
category or subcategory must be passed within a 5 year time
period of passing the first module; this does not apply to those
modules which are common to more than one Part-66 AML
category or subcategory and which were previously passed as
part of another such category or subcategory examination.
Question Numbers for the Part-66 Appendix I Modules
Overview

Appendix III Type training and examination 1. Type training levels Overview
standard Definitions, contents, objectives of each level:
Level 1 - General familiarisation
Level 2 - Ramp and transit
Level 3 - Line and base maintenance training

2. Type training standard


Type training must include a theoretical and practical element.
2.1. Theoretical element elements to be covered, levels, cat C
staff.
2.2. Practical element contents, objectives.
3. Type training examination standard requirements.
4. Type examination standard (without type training)
requirements.

GM 66.B.200 Examination by the competent Questions in the national language / in aviation English. Overview
authority
The primary purpose of essay questions.

Oral type questions not to be used as primary means of examination.

For pass mark purposes, the essay questions should be considered as


separate from the multiple choice questions.

Multiple choice question (MCQ) generation - principles to be observed


Essay question generation purpose, development, issues to consider;
evaluation criteria and guidelines.

Revision 28.10.2008 Page 42 of 45


EXAMINATION CREDITS

66.A.25 Basic knowledge Full or partial credit against the basic knowledge requirements
requirements - b and associated examination shall be given for any other technical
qualification considered by the competent authority to be
equivalent to the knowledge standard of this Part.
Such credits shall be established in accordance with Section B,
Subpart E of this Part.

66.B.400 General Competent authority may only grant examination credit on the Full contents
basis of an examination credit report prepared i.a.w. 66.B.405.
Examination credit report = either developed by the competent
authority or approved by the competent authority.

66.B.405 Examination credit report For each technical qualification concerned, the report shall Full contents
identify the subject matter and knowledge levels contained in
App. I relevant to the category being compared.

Report shall include a statement of compliance against each


subject stating where, in the technical qualification, the
equivalent standard can be found.

If there is no equivalent standard for the particular subject, the


report shall state such facts.

Based upon the above comparison, the report shall indicate for
each technical qualification concerned the Appendix I subject
matters subject to examination credits.

Report to be amended as necessary where the national qualification


standard is changed.

CONVERSION OF NATIONAL QUALIFICATIONS

66.A.70 Conversion provisions The holder of a certifying staff qualification valid in a Member Full contents
State, prior to the date of entry into force of this Part shall be
issued an AML without further examination subject to the
conditions specified in 66.B.300.
Revision 28.10.2008 Page 43 of 45
A person undergoing a qualification process valid in a Member
State, prior to the date of entry into force of this Part may
continue to be qualified. The holder of a qualification gained
following such qualification process shall be issued an AML
without further examination subject to the conditions specified in
66.B.300

Where necessary, the AML shall contain technical limitations in


relation to the scope of the pre-existing qualification.

AMC 66.A.70 Conversion provisions Technical limitations = deleted as appropriate when the person Full contents
satisfactorily sits the relevant conversion examination and gains
relevant experience.

GM 66.A.70 Conversion provisions Example of a technical limitation and how to deal with it. Full contents

66.B.300 General The competent authority may only perform the conversion Full contents
specified in 66.A.70 in accordance with a conversion report
prepared pursuant to paragraph 66.B.305 or 66.B.310, as
applicable.

Conversion report = either developed by the competent authority


or approved by the competent authority.

66.B.305 Conversion report for national The report shall describe the scope of each type of qualification Full contents
qualifications and show to which AML it will be converted, which limitation will
be added and the Part-66 module/subjects on which examination
is needed to ensure conversion to the AML without limitation, or
to include an additional (sub-) category.

The report shall include a copy of the existing regulation defining


the licence categories and scopes.

Revision 28.10.2008 Page 44 of 45


AMC 66.B.305 Conversion report for national The scope of the national qualifications and the Part-66 licence Full contents
qualifications should be compared on the basis of a detailed analysis of the
national and Part-66 basic qualification standards. The report
should identify where a difference between the two standards
exists, and it should show where such a difference would lead to
a limitation on the Part-66 licence.

66.B.310 Conversion report For each AMO concerned, the report shall describe the scope of Full contents
for AMO authorisations each type of authorisation and show to which AML it will be
converted, which limitation will be added and the
module/subjects on which examination is needed to convert to
the licence, or to include an additional (sub-)category.
The report shall include a copy of the relevant AMO procedures
for the qualification of certifying staff, on which the conversion
process is based.

AMC 66.B.310 Conversion report The scope of the AMO authorisation and the Part-66 licence Full contents
for AMO authorisations should be compared on the basis of a detailed analysis of the
AMO procedures defining the scope of the authorisation, the
scope of work of the AMO and the aircraft type qualifications held
by the individuals / groups of individuals.
The report should identify where a difference between the two
scopes exists, and it should show where such a difference would
lead to a limitation on the Part-66 licence.

AIRCRAFT OTHER THAN AEROPLANES & HELICOPTERS

66.A.100 General Until such time as this Part specifies a requirement for certifying Full contents
staff of aircraft other than aeroplanes and helicopters, the
relevant Member State regulation shall apply.
COMPONENTS

66.A.200 General Until such time as this Part specifies a requirement for certifying Full contents
components, the relevant Member State regulation shall apply.

Revision 28.10.2008 Page 45 of 45


Course Syllabus
Revision 28.10.2008

Maintenance Organisation Approvals

Part-145
Detailed Course
Contents:

A. The EU legal framework - Principles


B. Structure of the EU regulatory system
C. Regulation (EC) No. 216/2008
D. ICAO reference material
E. Commission Regulation (EC) No. 2042/2003 (as amended by Regulations (EC)
707/2006 and 376/2007)
F. General overview of Part-145
G. Cross-reference between Part-145 requirements and syllabus contents
H. Detailed contents and level of detail expected (Full contents / Specific paragraphs /
Overview)
Revision 28.10.2008 Page 1 of 77
A. THE EU LEGAL FRAMEWORK PRINCIPLES

The Community being a supranational organisation, Member States may no more:


deviate from common rules
impose additional requirements or
Conclude arrangements with third countries.

Legislative powers

The Legislator, through the Basic Regulation:


Defines the scope of powers transferred to the Community (the products, organizations and personnel that will be regulated by the
Community to protect public interest)
Adopts the essential requirements specifying the objectives to be met (the obligations and means to reach the desired level of protection)
Distributes the executive tasks among the executive agents
Establishes the means of judicial control when executive powers are given to Community bodies

Executive powers

Certification is carried out:


By the Agency (when centralized action is more efficient).
By the National Aviation Authorities (Commission oversight through the Agency).

Judicial powers

Oversight and enforcement are carried out by the national systems, under the supervision of national Courts
The interpretation of Community law is made by the Court of Justice of the European Community.

THE AGENCY:

Drafts common rules (EASA Regulation and implementing rules).


Adopts material for the implementation of common rules (airworthiness codes, interpretation and guidance material).
Issues type certificates (TC, STC), approves organisations (DOA and, outside the European territory, POA, MOA), ensures their
continued oversight.
Oversees the application of rules by the Member States and recommends the necessary enforcement actions to the Commission
Acts as a focal point for third countries and international organizations for the harmonisation of rules and the recognition / validation of
certificates.

Revision 28.10.2008 Page 2 of 77


THE MEMBER STATES (NAAS):

Provide expertise as appropriate for rulemaking tasks.


Develop national administrative rules for the implementation and enforcement of common rules (administrative procedures).
May take action on a case by case basis if so required to ensure safety or appropriate operational flexibility (safeguards).
Approve organisations in their territory (except Dos).
Issue certificates for individual products on their registry.
Issue personnel licences for aircraft maintenance certifying staff (Part-66).

B. STRUCTURE OF THE EU REGULATORY SYSTEM

(j) BASIC REGULATION

The Parliament and the Council define the Scope of Powers transferred from the Member States to the Community.
They adopt the Essential Requirements specifying the objectives to be met.
The Basic Regulation was adopted by the European Parliament and the Council, according to the co-decision procedure.
It defines the scope of Community competence.
It establishes the objectives and principles of Community action.
It establishes the division of regulatory and executive powers between the Agency, the European Institutions and the Member States.

b) IMPLEMENTING RULES

The Commission adopts standards for implementing the essential requirements.


The Implementing Rules were adopted by the Commission, according to the comitology procedure.
They establish common standards in the fields of airworthiness, continuing airworthiness and environmental protection that:
Fulfil the objectives and principles established in the Essential Requirements
Are in compliance with ICAO SARPs
They define the Competent Authority for the executive functions and establish rules and procedures for its implementation

c) ACCEPTABLE MEANS OF COMPLIANCE

145.B.17 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.

Revision 28.10.2008 Page 3 of 77


C. REGULATION (EC) NO 216/2008

Chapter I Principles

Article 1 Scope (k) Applicability of the Basic Regulation to products, parts


and appliances

This Regulation shall apply to:

(a) the design, production, maintenance and operation of aeronautical


products, parts and appliances, as well as personnel and organisations
involved in the design, production and maintenance of such products,
parts and appliances

(b) Personnel and organisations involved in the operation of aircraft.

Chapter II Substantive requirements


2. Aircraft, including any installed product, part and appliance, which
Article 4 Basic principles and are:
applicability
(a) designed or manufactured by an organisation for which the Agency
or a Member State ensures safety oversight; or
(b) registered in a Member State, unless their regulatory safety
oversight has been delegated to a third country and they are not
used by a Community operator; or
(c) registered in a third country and used by an operator for which any
Member State ensures oversight of operations, or used into, within
or out of the Community by an operator established or residing in
the Community; or
(d) registered in a third country, or registered in a Member State which
has delegated their regulatory safety oversight to a third country,
and used by a third country operator into, within or out of the
Community shall comply with this Regulation.

(j) Paragraph 1 shall not apply to aircraft referred to in Annex II.

Revision 28.10.2008 Page 4 of 77


Article 5 Airworthiness 1. Aircraft referred to in Article 4(1) (a), (b) and (c) shall comply with the
essential requirements for airworthiness laid down in Annex I.

2. Compliance of aircraft referred to in Article 4(1)(b), and of products,


parts and appliances mounted thereon shall be established in
accordance with the following.

(d) Organisations responsible for the maintenance of products, parts


and appliances shall demonstrate their capability and means to
discharge the responsibilities associated with their privileges. Unless
otherwise accepted these capabilities and means shall be recognised
through the issuance of an organisation approval. The privileges
granted to the approved organisation and the scope of the approval
shall be specified in the terms of approval.

5. The measures designed to amend non-essential elements of this Article,


by supplementing it, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 65(4). Those measures
shall specify in particular:

(f) conditions to issue, maintain, amend, suspend or revoke


organisation approvals i.a.w. 2(d), (e) and (g) and conditions
under which such approvals need not be requested;

Responsibilities of the holders of certificates.

1. Member States shall, without further technical requirements or


Article 11 Recognition of evaluation, recognise the certificates issued in accordance with this
certificates Regulation. When the original recognition is for a particular purpose, or
purposes, any subsequent recognition shall cover only the same purpose
or purpose(s).

Note: such an automatic mutual recognition is possible, provided that the


State issuing the certificates is fully compliant with the provisions of the
Basic Regulation. If that is not the case (i.e. new Member States accessing
the European Union), then this article shall not apply (Refer to Regulation
1962/2006 for a practical example).

Revision 28.10.2008 Page 5 of 77


2. The Commission, on its own initiative or at the request of a Member
State or of the Agency, may initiate the procedure referred to in Article
65(7) to decide whether a certificate issued in accordance with this
Regulation effectively complies with this Regulation and its implementing
rules. In case of non-compliance or ineffective compliance, the
Commission shall require the issuer of a certificate to take appropriate
corrective action and safeguard measures, such as limitation or
suspension of the certificate. Moreover, the provisions of paragraph 1
shall cease to apply to the certificate from the date of the notification of
the Commissions decision to the Member States.

3. When the Commission has sufficient evidence that appropriate corrective


action has been taken by the issuer referred to in paragraph 2 to address
the case of non-compliance or ineffective compliance and that the
safeguard measures are no longer necessary, it shall decide that the
provisions of paragraph 1 apply again to this certificate. These provisions
shall apply as from the date of the notification of this decision to the
Member States.

Article 14 Flexibility provisions (k) Member States may grant exemptions in the event of
unforeseen urgent operational circumstances or operational
needs of a limited duration, provided the level of safety is not
adversely affected thereby. Appropriate notification.

Article 18 Agency measures The Agency shall, where appropriate:

(a) issue opinions addressed to the Commission;


(b) issue recommendations addressed to the Commission for the
application of Art. 14;
(c) issue certification specifications, including airworthiness codes and
acceptable means of compliance, as well as any guidance material
for the application of this Regulation and its implementing rules.

ANNEX I

Essential 3. Organisations 3.a. Organisation approvals must be issued when the following conditions
requirements are met:
Revision 28.10.2008 Page 6 of 77
For
airworthiness 3.a.1. the organisation must have all the means necessary for the scope of
referred to work. These means comprise, but are not limited to, the following:
in Article 5 facilities, personnel, equipment, tools and material, documentation of
tasks, responsibilities and procedures, access to relevant data and
record-keeping;

3.a.2. the organisation must implement and maintain a management


system to ensure compliance with these essential requirements for
airworthiness, and aim for continuous improvement of this system;

3.a.3. the organisation must establish arrangements with other relevant


organisations, as necessary, to ensure continuing compliance with
these essential requirements for airworthiness;

3.a.4. the organisation must establish an occurrence reporting and/or


handling system, which must be used by the management system
under point 3.a.2 and the arrangements under point 3.a.3, in order
to contribute to the aim of continuous improvement of the safety of
products.

ANNEX II Aircraft referred Art. 4(1), (2) & (3) do not apply to aircraft falling in one or more of the
to in Article 4(4) categories below.

(a) historic aircraft meeting the criteria below:


(i) non complex aircraft whose:
initial design was established before 1.1.1955 and
(l) production has been stopped before 1.1.1975
or
(m) aircraft having a clear historical relevance, related to:
(n) a participation in a noteworthy historical event; or
a major step in the development of aviation; or
a major role played into the armed forces of a Member State.

(o) aircraft specifically designed or modified for research,


experimental or scientific purposes, and likely to be produced
in very limited numbers.

Revision 28.10.2008 Page 7 of 77


I aircraft of which at least 51% is built by an amateur, or a non profit
making association of amateurs, for their own purposes and without
any commercial objective.

(d) Aircraft that have been in the service of military forces, unless the
aircraft is of a type for which a design standard has been adopted by
the Agency.

(e) aeroplanes, helicopters and powered parachutes having no more than


two seats, a maximum take-off mass, as recorded by the Member
States, of no more than:
(i) 300 kg for a land plane/helicopter, single seater; or
(ii) 450 kg for a land plane/helicopter, two seater; or
(iii) 330 kg for an amphibian or floatplane/helicopter single seater; or
(iv)495 kg for an amphibian or floatplane/helicopter two seater,
provided that, where operating both as a floatplane/helicopter and as a
land plane/helicopter, it falls below both MTOM limits, as appropriate;
(v) 472,5 kg for a land plane, two seater equipped with an airframe
mounted total recovery parachute system;
(vi)315 kg for a land plane single-seater equipped with an airframe
mounted total recovery parachute system;
and, for aeroplanes, having the stall speed or the minimum steady
flight speed in landing configuration not exceeding 35 knots calibrated
air speed (CAS).

(f) Single and two-seater gyroplanes with a maximum take off mass
560 kg.

(g) Gliders with a maximum empty mass, of no more than 80 kg when


single seater or 100 kg when two seater, including those which are foot
launched.

(h) Replicas of aircraft meeting the criteria of (a) or (d) above, for which
the structural design is similar to the original aircraft.

(i) Unmanned aircraft with an operating mass of no more than 150 kg.

(j) Any other aircraft which has a maximum empty mass, including fuel,
70 kg.

Revision 28.10.2008 Page 8 of 77


D. ICAO REFERENCE MATERIAL

ICAO Doc 7300 Convention on International Civil Aviation

Chapter 6 International Article 37: Adoption of international standards and practices


Standards and To this end ICAO shall adopt and amend from time to time, as may be necessary,
Recommended Practices international standards and recommended practices and procedures

ICAO Annex 6

Chapter 8 Aeroplane Maintenance 8.7: Approved maintenance organization

E. COMMISSION REGULATION (EC) No. 2042/2003 + 707/2006

Article 1 Objective and scope 1. This Regulation establishes common technical requirements and
administrative procedures for ensuring the continuing airworthiness of
aircraft, including any component for installation thereto, which are:

(a) registered in a Member State

or

(b) Registered in a third country and used by an operator for which a


Member State ensures oversight of operations.

2. Paragraph 1 shall not apply to aircraft the regulatory safety oversight of


which has been transferred to a third country and which are not used by
a Community operator, or to aircraft referred to in Annex II to the basic
Regulation.

3. The provisions of this Regulation related to commercial air transport are


applicable to licensed air carriers as defined by Community law See
below

Revision 28.10.2008 Page 9 of 77


Article 2 Definitions (a) aircraft
(c) component
(d) continuing airworthiness
(g) large aircraft
(h) maintenance
(i) organisation
(j) pre-flight inspection

Other Definitions:
Line and Base Maintenance
Ref.: AMC 145.A.10 Scope
(a) Line Maintenance
(c) Base Maintenance

HUMAN FACTORS
Ref.: 145.A.30 (e) Personnel requirements

HUMAN PERFORMANCE
Ref.: 145.A.30 (e) Personnel requirements

CERTIFICATION AUTHORISATION
Ref.: 145.A.35 Certifying staff and category B1 and B2 support staff

Article 3 Continuing 1. The continuing airworthiness of aircraft and components shall be ensured
airworthiness i.a.w. the provisions of Annex I.
requirements
2. Organisations and personnel involved in the continuing airworthiness of
aircraft and components, including maintenance, shall comply with the
provisions of Annex I and where appropriate those specified in Articles 4
Regulation (EC) and 5. [ Article 4 = Maintenance organisation approvals (Part-145);
376/2007 of 30 March Article 5 = Certifying staff (Part-66) ]
2007 amending
Regulation (EC) 3. By derogation from paragraph 1, the continuing airworthiness of aircraft
2042/2003 holding a permit to fly shall be ensured on the basis of the specific
continuing airworthiness arrangements as defined in the permit to fly
issued in accordance with the Annex (Part 21) to Commission Regulation
(EC) No 1702/2003.

Revision 28.10.2008 Page 10 of 77


Article 4 Maintenance organisation 1. Organisations involved in the maintenance of
approvals large aircraft or of
aircraft used for commercial air transport, and
Components intended for fitment thereto, hall be approved in
accordance with the provisions of Annex II - Part-145.

2. Maintenance approvals issued or recognised by a Member State in


accordance with the JAA requirements and procedures and valid before
the entry into force of this Regulation shall be deemed to have been
issued in accordance with this Regulation.

3. Personnel qualified to carry out and/or control a continued airworthiness


non-destructive test of aircraft structures and/or components, on the
basis of any standard recognized by a Member State prior to the entry
into force of this Regulation as providing an equivalent level of
qualification, may continue to carry out and/or control such tests.

Article 7 Entry into force 1. This Regulation shall enter into force on the day following that of its
(1), (3) publication in the Official Journal of the European Union.

3 By way of derogation from paragraph 1 and 2, Member States may elect


not to apply the following provisions of Annex II, until 28 September
2008:
- 145.A.30(g) as applicable to aircraft with a maximum take-off mass
5 700 kg
- 145.A.30(h)(1) as applicable to aircraft with a maximum take-off mass
5 700 kg
- 145.A.30(h)(2).

COUNCIL
REGULATION Article 1 1. This Regulation concerns requirements for the granting and maintenance of
(EEC) operating licences by Member States in relation to air carriers established in the
No. 2407/1992 Community.
2. The carriage by air of passengers, mail and/or cargo, performed by non-power
driven aircraft and/or ultra-light power driven aircraft, as well as local flights not
involving carriage between different airports, are not subject to this Regulation. In
respect of these operations, national law concerning operating licences, if any, and

Revision 28.10.2008 Page 11 of 77


Community and national law concerning the air operator's certificate (AOC) shall
apply.

Article 2 For the purposes of this Regulation:

(a) 'undertaking' means any natural person, any legal person, whether profit-making
or not, or any official body whether having its own legal personality or not;

(b) 'air carrier' means an air transport undertaking with a valid operating licence;

(c) 'operating licence' means an authorization granted by the Member State


responsible to an undertaking, permitting it to carry out carriage by air of
passengers, mail and/or cargo, as stated in the operating licence, for
remuneration and/or hire;

(d) 'air operator's certificate (AOC)' means a document issued to an undertaking or a


group of undertakings by the competent authorities of the Member States which
affirms that the operator in question has the professional ability and organization
to secure the safe operation of aircraft for the aviation activities specified in the
certificate;

[ OTHER DEFINITIONS ]

Line and Base Maintenance


Ref.: AMC 145.A.10 Scope
(a) Line Maintenance
(c) Base Maintenance

Commercial Air Transportation


Ref.: Joint Aviation Requirements JAR-1: Definitions and Abbreviations - IEM 1.1: Commercial Air Transportation

Commercial Air Transportation is not intended to cover Aerial Work or Corporate Aviation. Aerial Work means an aircraft operation in which an aircraft is used for
specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement, etc.

Revision 28.10.2008 Page 12 of 77


HUMAN FACTORS
Ref.: 145.A.30 (e) Personnel requirements

HUMAN PERFORMANCE
Ref.: 145.A.30 (e) Personnel requirements

CERTIFICATION AUTHORISATION
Ref.: 145.A.35 Certifying staff and category B1 and B2 support staff

F. GENERAL OVERVIEW OF PART-145

Legal basis of Part-145


Reference codes and related material
General structure of Part-145

1. Legal Basis of Part-145

Text is based upon Regulation (EC) 1592/2002 and in particular, the following articles thereof:

A) Article 5.2(d) Organisation approvals


B) Article 5.4(f) Condition of issue, maintain, etc., organisation approvals
C) Article 5.4(g) Condition of issue, maintain, etc., personnel certificates
D) Article 5.4(h) Responsibilities of the holders of certificates

E) Articles 2 and 8 Recognition of certificates


F) Article 10 Flexibility provisions

2. Reference codes and related material

This annex is a transposition of Amendment 5 to JAR 145 dated January 1 2003, to which some additional changes have been made. The
proposed text complies with ICAO Annex 6 Paragraph 8.7.

3. General structure of Part-145

Definition of the Competent Authority (145.1)


Section A: Technical Requirements
Section B: Procedures for Competent Authorities

Revision 28.10.2008 Page 13 of 77


G. CROSS-REFERENCE BETWEEN PART-145 REQUIREMENTS AND SYLLABUS CONTENTS

F = Full contents
ANNEX II Part-145 Subject O = Overview
X = Not Relevant

145.1 General F

SECTION A

145.A.10 Scope F

AMC 145.A.10 Scope F

GM 145.A.10 Scope O

145.A.15 Application F

AMC 145.A.15 Application F

Appendix III to AMC EASA Form 2 Part-145 Approval Application O

145.A.20 Terms of approval F

Appendix II Organisations approval class and rating system F

AMC 145.A.20 Terms of approval F

145.A.25 (a) Facility requirements F


145.A.25 (b) Facility requirements F
145.A.25 (c) Facility requirements F
145.A.25 (d) Facility requirements F

AMC 145.A.25 (a) Facility requirements F


AMC 145.A.25 (b) Facility requirements F
AMC 145.A.25(d) Facility requirements F

145.A.30 (a) Personnel requirements F

Revision 28.10.2008 Page 14 of 77


145.A.30 (b) Personnel requirements F
145.A.30 (c) Personnel requirements F
145.A.30 (d) Personnel requirements F
145.A.30 (e) Personnel requirements F
145.A.30 (f) Personnel requirements F
145.A.30 (g) Personnel requirements F
145.A.30 (h) Personnel requirements F
145.A.30 (i) Personnel requirements F
145.A.30 (j) Personnel requirements F

Appendix IV Conditions for the use of staff not qualified to Part-66 i.a.w. 145A.30(J)1 O
and 2

AMC 145.A.30(a) Personnel requirements F


AMC 145.A.30(b) Personnel requirements F
AMC 145.A.30 (c) Personnel requirements F
AMC 145.A.30 (d) Personnel requirements F
AMC 145.A.30 (e) Personnel requirements F
AMC 145.A.30 (f) Personnel requirements F
AMC 145.A.30 (g) Personnel requirements F
AMC 145.A.30 (h)(1) Personnel requirements F
AMC 145.A.30 (j)(4) Personnel requirements O
AMC 145.A.30 (j)(5) Personnel requirements O
AMC 145.A.30 (j)(5)(i) Personnel requirements O
AMC 145.A.30 (j)(5)(ii) Personnel requirements O

Appendix I to AMC EASA Form 4 O


Appendix IV to AMC Fuel Tank Safety training O

GM 145.A.30 (e) Personnel requirements - Training syllabus for initial human factors training O
GM 145.A.30 (j)(4) Personnel requirements (Flight crew) O

145.A.35 (a) Certifying staff and category B1 and B2 support staff F


145.A.35 (b) Certifying staff and category B1 and B2 support staff F
145.A.35 (c) Certifying staff and category B1 and B2 support staff F
145.A.35 (d) Certifying staff and category B1 and B2 support staff F
145.A.35 (e) Certifying staff and category B1 and B2 support staff F
145.A.35 (f) Certifying staff and category B1 and B2 support staff F
145.A.35 (g) Certifying staff and category B1 and B2 support staff F
Revision 28.10.2008 Page 15 of 77
145.A.35 (h) Certifying staff and category B1 and B2 support staff F
145.A.35 (i) Certifying staff and category B1 and B2 support staff F
145.A.35 (j) Certifying staff and category B1 and B2 support staff F
145.A.35 (k) Certifying staff and category B1 and B2 support staff F
145.A.35 (l) Certifying staff and category B1 and B2 support staff F
145.A.35 (m) Certifying staff and category B1 and B2 support staff F

AMC 145.A.35 (a) Certifying staff and category B1 and B2 support staff F
AMC 145.A.35 (b) Certifying staff and category B1 and B2 support staff F
AMC 145.A.35 (d) Certifying staff and category B1 and B2 support staff O
AMC 145.A.35 (e) Certifying staff and category B1 and B2 support staff F
AMC 145.A.35 (f) Certifying staff and category B1 and B2 support staff F
AMC 145.A.35 (j) Certifying staff and category B1 and B2 support staff F

145.A.40 (a) Equipment, tools and material F


145.A.40 (b) Equipment, tools and material F

AMC 145.A.40 (a) Equipment, tools and material F


AMC 145.A.40 (b) Equipment, tools and material F

145.A.42 (a) Acceptance of components F


145.A.42 (b) Acceptance of components F
145.A.42 (c) Acceptance of components F
145.A.42 (d) Acceptance of components F

AMC 145.A.42 (a) Acceptance of components F


AMC 145.A.42 (b) Acceptance of components F
AMC 145.A.42 (c) Acceptance of components O
AMC 145.A.42 (d) Acceptance of components F

145.A.45 (a) Maintenance data F


145.A.45 (b) Maintenance data F
145.A.45 (c) Maintenance data F
145.A.45 (d) Maintenance data F
145.A.45 (e) Maintenance data F
145.A.45 (f) Maintenance data F
145.A.45 (g) Maintenance data F

AMC 145.A.45 (b) Maintenance data O


Revision 28.10.2008 Page 16 of 77
AMC 145.A.45 (c) Maintenance data F
AMC 145.A.45 (d) Maintenance data F
AMC 145.A.45 (f) Maintenance data F
AMC 145.A.45 (g) Maintenance data F

145.A.47 (a) Production planning F


145.A.47 (b) Production planning F
145.A.47 (c) Production planning F

AMC 145.A.47 (a) Production planning F


AMC 145.A.47 (b) Production planning F
AMC 145.A.47 (c) Production planning F

145.A.50 (a) Certification of maintenance F


145.A.50 (b) Certification of maintenance F
145.A.50 (c) Certification of maintenance F
145.A.50 (d) Certification of maintenance F
145.A.50 (e) Certification of maintenance F
145.A.50 (f) Certification of maintenance F

Appendix I Use of the EASA Form 1 for maintenance O

AMC 145.A.50 (a) Certification of maintenance O


AMC 145.A.50 (b) Certification of maintenance F
AMC 145.A.50 (d) Certification of maintenance F
AMC 145.A.50 (e) Certification of maintenance F
AMC 145.A.50 (f) Certification of maintenance F

145.A.55 (a) Maintenance records F


145.A.55 (b) Maintenance records F
145.A.55 (c) Maintenance records F

AMC 145.A.55 (c) Maintenance records F

GM 145.A.55 (a) Maintenance records F

145.A.60 (a) Occurrence reporting F


145.A.60 (b) Occurrence reporting F
145.A.60 (c) Occurrence reporting F
Revision 28.10.2008 Page 17 of 77
145.A.60 (d) Occurrence reporting F
145.A.60 (e) Occurrence reporting F

AMC 145.A.60 (b) Occurrence reporting F

GM 145.A.60 (a) Occurrence reporting F


GM 145.A.60 (c) Occurrence reporting F

145.A.65 (a) Safety and quality policy, maintenance procedures and quality system F
145.A.65 (b) Safety and quality policy, maintenance procedures and quality system F
145.A.65 (c) Safety and quality policy, maintenance procedures and quality system F

AMC 145.A.65 (a) Safety and quality policy, maintenance procedures and quality system F
AMC 145.A.65 (b) Safety and quality policy, maintenance procedures and quality system F
AMC 145.A.65 (b)(2) Safety and quality policy, maintenance procedures and quality system F
AMC 145.A.65 (b)(3) Safety and quality policy, maintenance procedures and quality system F
AMC 145.A.65 (c)(1) Safety and quality policy, maintenance procedures and quality system. F
AMC 145.A.65 (c)(2) Safety and quality policy, maintenance procedures and quality system F

GM 145.A.65 (c)(1) Safety and quality policy, maintenance procedures and quality system F

145.A.70 (a) Maintenance organisation exposition F


145.A.70 (b) Maintenance organisation exposition F
145.A.70 (c) Maintenance organisation exposition F

AMC 145.A.70 (a) Maintenance organisation exposition O

GM 145.A.70 (a) Maintenance organisation exposition O

145.A.75 (a) Privileges of the organisation F


145.A.75 (b) Privileges of the organisation F
145.A.75 (c) Privileges of the organisation F
145.A.75 (d) Privileges of the organisation F
145.A.75 (e) Privileges of the organisation F

AMC 145.A.75 (b) Privileges of the organisation O

145.A.80 Limitations on the organisation F

Revision 28.10.2008 Page 18 of 77


AMC 145.A.80 Limitations on the organisation F

145.A.85 Changes to the organisation F

AMC 145.A.85 Changes to the organisation F

145.A.90 (a) Continued validity F


145.A.90 (b) Continued validity F

145.A.95 (a) Findings F


145.A.95 (b) Findings F
145.A.95 (c) Findings F

SECTION B PROCEDURE FOR COMPETENT AUTHORITIES

145.B.01 Scope X

145.B.10 Competent authority X

AMC 145.B.10 (1) Competent authority - General X


AMC 145.B.10 (3) Competent authority Qualification and training X
AMC 145.B.10 (4) Competent authority - Procedures X

145.B.15 Organisations located in several Member States X

145.B.17 Acceptable means of compliance F

145.B.20 Initial approval F

AMC 145.B.20 (1) Initial approval F


AMC 145.B.20 (2) Initial approval F
AMC 145.B.20 (3) Initial approval F
AMC 145.B.20 (5) Initial approval X
AMC 145.B.20 (6) Initial approval F

Appendix II to AMC Part-145 Approval Recommendation Report EASA Form 6 X

145.B.25 Issue of approval F

Revision 28.10.2008 Page 19 of 77


Appendix III Approval certificate (EASA Form 3) O

AMC 145.B.25 (1) Issue of approval O


AMC 145.B.25 (2) Issue of approval F
AMC 145.B.25 (3) Issue of approval X

145.B.30 Continuation of an approval F

AMC 145.B.30 (1) Continuation of an approval O


AMC 145.B.30 (2) Continuation of an approval O

145.B.35 Changes F

AMC 145.B.35 Changes F


AMC 145.B.35 (1) Changes F

145.B.40 Maintenance organisation exposition (MOE) amendements O

AMC 145.B.40 MOE amendments F

145.B.45 Revocation, suspension and limitation of approval F

145.B.50 Findings F

AMC 145.B.50 (a) Findings F


AMC 145.B.50 (b) Findings F

145.B.55 Record-keeping X

AMC 145.B.55 Record-keeping X

145.B.60 Exemptions X

Revision 28.10.2008 Page 20 of 77


H. DETAILED CONTENTS AND LEVEL OF DETAIL EXPECTED (Full contents / Specific Paragraphs / Overview)

COMPETENT AUTHORITY

145.1 General The Competent Authority for organisations: Full contents


Having their principal place of business in a Member State.
Having their principal place of business located in a third
country.

GENERAL ISSUES

145.A.10 Scope This Section establishes the requirements to be met by an Full contents
organisation to qualify for the issue or continuation of an
approval for the maintenance of aircraft and components.

AMC 145.A.10 Scope Line Maintenance as any maintenance that is carried out before Full contents
flight to ensure that the aircraft is fit for the intended flight.
Examples of what may be included in Line Maintenance.
Occasional performance of base maintenance tasks by line
maintenance organisations; conditions.
Maintenance tasks outside these criteria are considered to be
Base M.

Aircraft maintained in accordance with "progressive" type


programmes.

Meaning of located within a Member State; related guidance.


Organisations using facilities both inside and outside a Member
State; related guidance.

GM 145.A.10 Scope How the smallest organisations can satisfy the intent of Part-145. Overview
Overview of key elements.

145.A.60 Occurrence Reporting Obligation to report any identified condition of the aircraft or Full contents
component that has resulted or may result in an unsafe condition
Revision 28.10.2008 Page 21 of 77
+ ED DECISION 2003/12/RM that hazards seriously the flight safety. Involved parties. +
(AMC-20) AMC 20-8 Internal occurrence reporting system. Purpose.
Occurrence Reporting Identification of adverse trends and corrective actions. Overview
Overview Evaluation of all known relevant information relating to
occurrences.
+ DIRECTIVE 2003/42/EC Circulation of the information as necessary.
On occurrence reporting Reports in a form and manner established by the Agency.
in civil aviation Completeness. Reference to AMC 20-8.
Reporting to a commercial air operator as applicable.
Deadlines for reporting.
Reference to Directive 2003/42/EC and its national
implementation.

AMC Occurrence Reporting The aim of occurrence reporting. Full contents


145.A.60(b) Need to enable and encourage free and frank reporting.
Establishment of a just culture.
Personnel not to be inappropriately punished for reporting or co-
operating with occurrence investigations.
The internal reporting process should be closed-loop.
Importance of feedback to reportees to ensure their continued
support.

GM Occurrence Reporting Guidance about the organisation responsible for the design Full contents
145.A.60(a) (normally the TC holder of the aircraft, engine or propeller and/or
if known the STC holder).

GM Occurrence Reporting List of the information that should be contained as a minimum in Full contents
145.A.60(c) each report.

SCOPE OF AMO

145.A.20 Terms of approval Organisation shall specify the scope of work deemed to constitute Full contents
approval in its exposition (Appendix II contains a table of all
classes and ratings).

Revision 28.10.2008 Page 22 of 77


Appendix II Organisations Full extent of approval possible under Part-145 (Table 1) Full contents
approval class and rating Approval ratings and limitations (privileges).
system Scope of work indication in the MOE (defines the exact limits of
approval).
Category A class rating.
Category B class rating.
Category C class rating.
Category D class rating.
Category A class ratings subdivided into Base or Line
maintenance.
The limitation section.
Lengthy capability list procedures for amendment.
Part-145 approved maintenance organisation employing only 1
person.

AMC 145.A.20 Terms of approval ATA specification 100 chapter for category C component rating Overview
(overview)

Link To Part-M Responsibilities

Owner (lessee) responsibilities for continuing airworthiness of Selected elements


M.A.201 aircraft.

In the case of large aircraft a CAMO is required.


Responsibilities In the case of commercial air transport the operator is
responsible for the continuing airworthiness of the aircraft it
operates (CAMO inside).

Maintenance of
large aircraft,
aircraft used for commercial air transport and
components thereof

shall be carried out by a Part-145 AMO.

Revision 28.10.2008 Page 23 of 77


AMC Responsibilities The operator is responsible Overview
M.A.201(h)1(3
for determining what maintenance is required
when it has to be performed and
by whom and
to what standard

in order to ensure the continued airworthiness of the aircraft


being operated.

M.A.708 Continuing airworthiness Activities of the approved CAMO: Overview


management
maintenance programme development and approval

ensuring that all maintenance is carried out in


accordance with the approved maintenance programme
and released in accordance with M.A. Subpart H Link
to 145.A.50,

control of all applicable airworthiness directives and


operational directives with a continuing airworthiness impact

ensuring that all defects discovered during scheduled


maintenance or reported are corrected by an appropriately
approved maintenance organisation,

ensuring that the aircraft is taken to an appropriately


approved maintenance organisation whenever necessary,

coordinate of scheduling maintenance, the application of


airworthiness directives, the replacement of service life
limited parts, and component inspection to ensure the work is
carried out properly,

etc.

Revision 28.10.2008 Page 24 of 77


M.A.708 Continuing airworthiness In case of commercial air transport, when the operator is not Link CAMO /
management appropriately approved to Part-145, the operator shall establish a AMO
written maintenance contract between the operator and a
Part-145 approved organisation. Selected elements

AMC M.A.708 Continuing airworthiness Where Selected elements


management
an operator is not approved under Part-145 or
an operators maintenance organisation is an independent
organisation,

a contract should be agreed between the operator and a


maintenance organisation approved under Part-145, which
specifies, in detail, the work to be performed by the maintenance
organisation (Appendix XI to this AMC).

Specification of work and the assignment of responsibilities

Procedures and responsibilities to ensure that all maintenance


work is performed, service bulletins are analysed and
decisions taken on accomplishment, airworthiness directives
are completed on time and that all work, including non-
mandatory modifications is carried out to approved data and
to the latest standards

Contract
Appendix XI to CONTRACTED MAINTENANCE Maintenance contracts
AMC to A list of the main points that should be addressed, when Overview
M.A.708(c) applicable, in a maintenance contract between an Operator and a
Part-145 AMO.

Work Order
M.A.708 Continuing airworthiness For component maintenance, including engine maintenance, the
management contract as referred to in paragraph (c) may be in the form of Selected elements
individual work orders addressed to the Part-145 maintenance
organisation.

Revision 28.10.2008 Page 25 of 77


AMC Continuing airworthiness The use of one time work orders Work Order
M.A.708(c) (1) management Unscheduled
maintenance Overview

ORGANISATION REQUIREMENTS

145.A.25 Facility requirements Facilities to be appropriate for all planned work. Full contents
Protection from the weather elements.
Specialised workshops and bays segregated as appropriate.
For base maintenance of aircraft, hangars available / large
enough.

For component maintenance, workshops large enough.


Office accommodation for management of planned work and
certifying staff.

Working environment appropriate for the task to be carried out.


Effectiveness of personnel not to be impaired (temperatures,
dust, contamination, lighting, noise, specific environmental
conditions as applicable).

Working environment for line maintenance; suspension of tasks


in case environment deteriorates to unacceptable level.
Secure storage facilities for components, equipment, tools and
material.

Segregation of serviceable items from unserviceable items.


Conditions of storage in accordance with the manufacturer's
instructions.
Access to storage facilities restricted to authorised personnel.

AMC Facility requirements Proof of tenancy if the hangar is not owned by the organisation. Full contents
145.A.25(a) Sufficiency of hangar space to carry out planned base
maintenance to be demonstrated by a projected aircraft hangar Link to
visit plan relative to the maintenance programme (to be Maintenance
updated on a regular basis). Man-hour plan

Revision 28.10.2008 Page 26 of 77


Protection from the weather elements means of compliance.
Access to hangar accommodation for line maintenance for usage
during inclement weather (scheduled work, lengthy defect
rectification).

Maintenance staff should have an area where they may study


maintenance instructions and complete maintenance records in a
proper manner.

AMC Facility requirements Criteria for combination of office accommodation. Full contents
145.A.25(b)

AMC Facility requirements Storage facilities for serviceable components means of Full contents
145.A.25(d) compliance.

Storage racks strong enough.

All components should remain packaged to minimise damage /


corrosion.

145.A.30 Personnel requirements Accountable Manager and related requirements. Full contents

Nominated person, or group of persons, ensuring that the organisation


complies with this Part, and ultimately responsible to the accountable
manager. Related requirements. Procedures for deputising.

Appointment of a person with responsibility for monitoring the quality Link to Hangar
system and associated feedback system as required by 145.A.65(c). Direct
visit plan
access to the AM to ensure info on quality / compliance matters.

Maintenance man-hour plan showing that the organisation has sufficient


staff in accordance with the approval. Procedure to reassess work intended
to be carried out when actual staff availability is less than planned for a
work shift or period.

Revision 28.10.2008 Page 27 of 77


Obligation to establish and control the competence of personnel involved in
any maintenance, management and/or quality audits. Related competence
requirements, including human factors / human performance.

Qualification requirements for personnel who carry out and/or control non-
destructive test of aircraft structures and/or components.

Qualification requirements for personnel who carry out any other


specialised task. Provisions for colour contrast dye penetrant tests.

Certifying staff requirements in the case of line maintenance.

Certifying staff requirements in the case of base maintenance for large


aircraft.

Certifying staff requirements in the case of base maintenance for aircraft


other than large aircraft.

Possible derogations for the use of certifying staff qualified in accordance


with different provisions under certain circumstances.

One-off authorisations.

All derogations to be reported to the competent authority within seven days


of the issuance of such certification authorisation.

The organisation issuing the one-off authorisation shall ensure that any
such maintenance that could affect flight safety is re-checked by an
appropriately approved organisation.

AMC Personnel requirements AM normally intended to mean the chief executive officer of the Full contents
145.A.30(a) AMO.
Overall (including financial) responsibility for running the
organisation.
AM may be the AM for more than one organisation.
AM is not required to be knowledgeable on technical matters.
When the AM is not the CEO, need to demonstrate that he has
direct access to CEO and has a sufficiency of maintenance
funding allocation.

Revision 28.10.2008 Page 28 of 77


AMC Personnel requirements Management structure. Full contents
145.A.30(b) Independence of the quality compliance monitoring staff.
Functions may be subdivided or combined in any number of
ways.

Base maintenance manager.


Line maintenance manager.
Workshop manager.
Quality manager.

All manager should report to the accountable manager.


Special provisions for small Part-145 AMO.
The base maintenance manager responsibilities.
The line maintenance manager responsibilities.
The workshop manager responsibilities.
Organisation may adopt any title for the managerial positions but
should identify to the competent authority the titles and persons
chosen to carry out these functions.
Where an organisation appoints managers for all or any
combination of the identified Part-145 functions, these managers
shall report ultimately to the accountable manager.
Certifying staff may report to any of the managers specified so
long as the quality compliance monitoring staff remain
independent.

Appendix I to EASA Form 4 Overview of EASA Form 4. Overview


AMC

Appendix IV to Fuel Tank Safety training Overview of instructions for providing training on Fuel Tank Overview
AMC Introduced by ED Decision Safety issues:
2007/02/R
levels of training

personnel qualification

general requirements

Revision 28.10.2008 Page 29 of 77


characteristics of the training

AMC Personnel requirements Monitoring the quality system includes requesting remedial Full contents
145.A.30(c) action as necessary by the AM and the nominated persons.

Maintenance
AMC Personnel requirements Criteria for having sufficient staff man-hour plan
145.A.30(d) Employed staff / contracted staff +
Key elements of
Maintenance man-hour plan to take into account any the hangar visit
maintenance carried out on aircraft / aircraft components from plan
outside the Member State and all work carried out outside the
scope of the Part-145approval. Full contents

Maintenance man-hour plan should relate to the anticipated


maintenance work load; in case of short term contracts, it should
be based upon the minimum workload needed for commercial
viability.

Maintenance work load includes all necessary work (examples).

Correlation of maintenance man-hour plan with the aircraft


hangar visit plan and/or the aircraft component planned
maintenance, as applicable.

Quality monitoring compliance function man-hours should be


sufficient.

Maintenance man-hour plan to be reviewed at least every 3


months. Significant deviations to be reported to QM and AM for
review.

Definition of significant deviation.

AMC Personnel requirements Planners, mechanics, specialised services staff, supervisors and Full contents
145.A.30(e) As amended by certifying staff to be assessed for competence by 'on the job'
ED Decision 2007/02/R evaluation and/or by examination relevant to their job role before
unsupervised work is permitted.

Revision 28.10.2008 Page 30 of 77


Records of qualification and competence assessment to be kept.
Adequate initial and recurrent training to be provided and
recorded to ensure continued competence.

Job descriptions are recommended to support assessment for:

Planners

Mechanics

Specialised services staff

Supervisors

Certifying staff

Quality audit staff

Objectives of the assessment for the various professional roles


Knowledge of organisational procedures as applicable
Quality audit staff to be able to monitor compliance and to
identify non compliances in an effective and timely manner to
ensure the organisation remains in compliance with Part-145.
Human factors and human performance issues.
Initial / Continuation training in human factors. Personnel
involved.

Initial human factors training minimum contents. Timeframe for


training.

HF continuation training. Purpose. Duration.


Who can conduct HF training?

Human factors training procedures to be specified in the MOE.


Additional training in fuel tank safety, inspection standards and
maintenance procedures, especially for those involved in
compliance of CDCCL tasks.

Revision 28.10.2008 Page 31 of 77


AMC Personnel requirements Continued airworthiness non-destructive testing meaning Full contents
145.A.30(f) As amended by ED Decision Appropriately qualified meaning
2006/11/R The European Standard 4179:2000 (EN 4179)
National aerospace non destructive testing (NDT) boards
Particular non-destructive test meaning.
Any Part-145 AMO that carries out NDT should establish NDT
specialist qualification procedures in the MOE and accepted by
the authority.

Meaning of officially recognised standard as per ED Decision


2006/11/R.

Boroscoping and other techniques such as delamination coin


tapping are non-destructive inspections rather than testing
The Part-145 AMO should establish an procedure in the MOE,
accepted by the competent authority, to ensure that personnel
who carry out and interpret such inspections are properly trained
and assessed for their competence with the process.
Non-destructive inspections, not being considered as NDT by
Part-145, are not listed in Appendix 2 under class rating D1.
The referenced standards, methods, training and procedures
should be specified in the MOE.

Any personnel who intend to carry out and/or control a non-


destructive test for which they were not qualified prior to the
effective date of Part-145 should qualify for such test in
accordance with EN 4179.

Category A line
AMC Personnel requirements Meaning of minor scheduled line maintenance for the maintenance
145.A.30(g) purpose of this paragraph tasks
List of typical tasks permitted after appropriate task training for
the purpose of issuing an aircraft certificate of release to service. Full contents

AMC Personnel requirements Category B1 and B2 support staff need not hold a certifying Full contents
145.A.30(h)(1) authorisation the organisation may use such appropriately
authorised CS to satisfy the requirement.

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Appendix IV Conditions for the use of staff Overview of conditions ensuring that certifying staff not qualified Overview
not qualified to Part-66 i.a.w. to Part-66 will meet the intent of 145.A.30(j)(1) and (2).
145.A.30 (j) 1 and 2

AMC Personnel requirements Requirements for the issue of a limited certification authorisation Full contents
145.A.30(j)(4) to the commander or flight engineer.
Procedures to be developed and published in the MOE.
List of typical tasks that may be certified and/or carried out by
the commander holding an ATPL or CPL (minor maintenance /
simple checks).
Conditions for holders of a valid Flight engineers licence on the
aircraft type.
List of other typical minor maintenance / simple defect
rectification tasks that may be carried out.
Authorisation to have a finite life of twelve months subject to
satisfactory re-current training on the applicable aircraft type.

AMC Personnel requirements Explanations of unforeseen for the purposes of this paragraph. Overview
145.A.30(j)(5) Criteria to issue a one-off authorisation.
When a one-off authorisation should not be issued.
Due consideration to be given to the complexity of the work
involved and the availability of required tooling and/or test
equipment needed.

GM 145.A.30 Personnel requirements - Overview of the proposed training syllabus for human factors
(e) Training syllabus for training.
initial human factors training
Overview The organisation may combine, divide, change the order of any
subject to suit its own needs, so long as all subjects are covered
to a level of detail appropriate to the organisation and its
personnel.

Some of the topics may be covered in separate training, in which


case duplication of training is not necessary.

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Practical illustrations / examples should be used (accident /
incident reports).

Topics should be related to existing legislation.


Topics should be related to existing guidance/ advisory material.
Topics should be related to maintenance engineering where
possible
Too much unrelated theory should be avoided.

GM Personnel requirements (Flight Overview of the theoretical knowledge and examination subjects Overview
145.A.30(j)(4) crew) related to the issuance of a limited certification authorisation to
the commander and/or the flight engineer on the basis of the
flight crew licence held.

145.A.35 Certifying staff and category B1 Issuance of certification authorisation. Full contents
and B2 support staff
Certifying staff and category B1 and B2 support staff shall have
an adequate understanding of the relevant aircraft and/or
components to be maintained together with the associated
organisation procedures. In the case of certifying staff, this must
be accomplished before the issue or re-issue of the certification
authorisation.

Meaning of Category B1 and B2 support staff.

Meaning of Relevant aircraft and/or components.

Meaning of Certification authorisation.

Excepting those cases in 145.A.30(j), the organisation may only


issue a certification authorisation to certifying staff in relation to
the basic categories or subcategories and any type rating listed
on the aircraft maintenance licence, subject to the licence
remaining valid throughout the validity period of the
authorisation and the certifying staff remaining in compliance
with Part 66.

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Currency - at least six months of actual relevant aircraft or
component maintenance experience in any consecutive two year
period. Meaning.

Continuation training in each two year period.


Programme for continuation training.

The organisation shall assess all prospective certifying staff


(except where any of the unforeseen cases of 145.A.30(j)(5)
apply) for their competence, qualification and capability to carry
out their intended certifying duties, in accordance with a
procedure as specified in the exposition prior to the issue or re-
issue of a certification authorisation.

Issue of certification authorisation (conditions, contents,


continued validity).

Certification authorisations scope shall clear to the certifying


staff and any authorised person who may require to examine the
authorisation.

Where codes are used to define scope, the organisation shall


make a code translation readily available.
Meaning of Authorised person.

The person responsible for the quality system is responsible on


behalf of the organisation for issuing certification authorisations
to certifying staff. He may nominate other persons to actually
issue or revoke the certification authorisations in accordance with
a procedure as specified in the MOE.

Record of all certifying staff and category B1 and B2 support


staff.

Contents of such records.

Preservation of records.

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Upon request, the organisation shall furnish certifying staff with a
copy of their record on leaving the organisation. The certifying
staff shall be given access on request to their personal records.
The organisation shall provide certifying staff with a copy of their
certification authorisation in either a documented or electronic
format.

Certifying staff shall produce their certification authorisation to


any authorised person within 24 hours.
Minimum age for certifying staff and category B1 and B2 support
staff.

AMC Certifying staff and category B1 Meaning of adequate understanding of the relevant aircraft Full contents
145.A.35(a) and B2 support staff and/or aircraft component(s) to be maintained.
The organisation should hold copies of all documents related to
qualification and recent experience.

AMC Certifying staff and category B1 Issuance of the certification authorisation when compliance has Full contents
145.A.35(b) and B2 support staff been established with the appropriate paragraphs of Part-145 and
Part-66.

The AMO needs to be satisfied that the person holds a valid Part-
66 AML and may need to confirm such fact with the competent
authority of the Member State that issued the licence.

AMC Certifying staff and category B1 Continuation training: Overview


145.A.35(d) and B2 support staff
A two way process to ensure that certifying staff remain
current and that the organisation receives feedback on the
adequacy of its procedures and maintenance instructions.

It covers changes in relevant requirements such as Part-145,


changes in organisation procedures and the modification
standard of the products being maintained plus human factor
issues identified.

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It should also address instances where staff failed to follow
procedures and the reasons why particular procedures are not
always followed.

Continuation training delivery:

Sufficient duration and content related to relevant quality


audit findings

Keeping certifying staff updated in terms of relevant


technology, procedures and human factors issues few days of
such training.

Method of training = a flexible process; the elements, general


content and length should be specified in the MOE unless training
is undertaken by a Part-147 maintenance training organisation,
when such details may be specified under the approval and cross
referenced in the MOE.

AMC Certifying staff and category B1 The programme should list all certifying staff and support staff Full contents
145.A.35(e) and B2 support staff and when training will take place, the elements of such training
Full contents and an indication that it was carried out as planned.

Such info to be transferred to the certifying staff and support


staff record.

AMC Certifying staff and category B1 Prospective certifying staff are required to be assessed for Full contents
145.A.35(f) and B2 support staff competence, qualification and capability related to intended
certifying duties.
Criteria to perform such an assessment.
How to assess competence and capability.
How to assess qualification.

AMC Certifying staff and category B1 List of the minimum information to be kept on record for each Full contents
145.A.35 (j) and B2 support staff certifying person or category, as applicable.
Full contents The record may be kept in any format but should be controlled by
Revision 28.10.2008 Page 37 of 77
the organisation's quality department.
Persons authorised to access the system = a minimum, to ensure
that records cannot be altered in an unauthorised manner or that
such confidential records become accessible to unauthorised
persons.

The competent authority is an authorised person when


investigating the records system for initial and continued
approval or when the competent authority has cause to doubt the
competence of a particular person.

145.A.40 Equipment, tools and material Need to have available and use the necessary equipment, tools Full contents
As amended by ED Decision and material to perform the approved scope of work.
2006/11/R If the manufacturer specifies a particular tool or equipment, the
organisation shall use that tool or equipment, unless the use of
alternatives is agreed by the competent authority via procedures
specified in the MOE.

and tools must be permanently available, except in the case of


tools or equipment that is so infrequently used that its permanent
availability is not necessary. Such cases shall be detailed in a
MOE procedure.

For base maintenance = sufficient aircraft access equipment and


inspection platforms/docking such that the aircraft can be
properly inspected.

All tools, equipment and particularly test equipment, as


appropriate, are controlled and calibrated according to an
officially recognised standard at a frequency to ensure
serviceability and accuracy. Records of such calibrations and
traceability to the standard used shall be kept.
Meaning of officially recognised standard as per ED Decision
2006/11/R.

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AMC Equipment, tools and material Need to show that all tools and equipment as specified in the Full contents
145.A.40(a) maintenance data can be made available when needed.
All tools and equipment that require to be controlled in terms of
servicing or calibration (i.e. measuring specified dimensions and
torque figures, etc) should be clearly identified and listed in a
control register, including any personal tools and equipment that
the organisation agrees can be used.

AMC Equipment, tools and material Control of tools and equipment = procedure to inspect/service Full contents
145.A.40(b) and, where appropriate, calibrate such items on a regular basis
and indicate to users that the item is within any inspection or
service or calibration time-limit.

A clear system of labelling all tooling, equipment and test


equipment is necessary giving information on when the next
inspection or service or calibration is due and if the item is
unserviceable for any other reason.

A register should be maintained for all precision tooling and


equipment together with a record of calibrations and standards
used.

Inspection, service or calibration on a regular basis should be in


accordance with the equipment manufacturers' instructions
unless the organisation can demonstrate that a different time
period is appropriate in a particular case.

145.A.42 Acceptance of components All components to be classified and segregated into the following Full contents
categories:

Components in a satisfactory condition, released on an EASA


Form 1 or equivalent and marked in accordance with Part-21
Subpart Q.

Unserviceable components.

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Unsalvageable components classified in accordance with
145.A.42(d).

Standard parts used when specified in the manufacturer's


illustrated parts catalogue and/or the maintenance data.

Raw and consumable material which should meet the required


specification and has appropriate traceability + accompanying
documentation.

Eligibility of components to be checked prior to installation, when


different modification and/or airworthiness directive standards
may be applicable.
Fabrication of a restricted range of parts to be used in the course
of work within its own facilities provided procedures are identified
in the MOE.

Components having reached life limit or with non-repairable


defect shall be classified as unsalvageable and shall not re-enter
the system (unless certified life limits are extended or a repair is
approved i.a.w. Part-21).

AMC Acceptance of components List of documents equivalent to an EASA Form 1. Full contents
145.A.42(a) Full contents

AMC Acceptance of components EASA Form 1 identifies the eligibility and status of an aircraft Full contents
145.A.42(b) As amended by component.
ED Decision 2007/02/R
Importance of Block 13 "Remarks".
The receiving organisation should be satisfied that the component
is in satisfactory condition and has been appropriately released to
service.

The organisation should ensure that the component meets the


approved data/standard, i.e. by reference to the manufacturer's
parts catalogue or other approved data (i.e. Service Bulletin).
Ensuring compliance with applicable ADs, the status of any life

Revision 28.10.2008 Page 40 of 77


limited parts fitted to the aircraft component, as well as Critical
Design Configuration Control Limitations.

AMC Acceptance of components Fabrication of parts principles and conditions to consider Overview
145.A.42(c)
Agreement by the competent authority = formalised through
approval of a detailed procedure in the MOE.

Fabrication, inspection assembly and test should be clearly


within the technical and procedural capability of the
organisation.

All data to fabricate the part should be approved either by the


competent authority or the TC holder or Part-21 DOA holder,
or STC holder.

Possible sources of data.

Items fabricated by a Part-145 organisation may only be used


by that organisation in the course of overhaul, maintenance,
modifications, or repair of aircraft or components undergoing
work within its own facility.

The permission to fabricate does not constitute approval for


manufacture, or to supply externally and the parts do not
qualify for an EASA Form One.

Etc. (criteria applicable to specific conditions / circumstances).

Examples of fabrication under the scope of a Part-145


approval.

Inspection and Identification.

Adequate records to be maintained of all such fabrication


processes.

Parts to carry a part number clearly relating them to the


manufacturing / inspection data.

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Organisation's identity should be marked on the part for
traceability.

AMC Acceptance of components Examples of types of components typically classified as Full contents
145.A.42(d) unsalvageable.

The risk of such components later being misrepresented and sold


as serviceable components.

Caution should be exercised to ensure that unsalvageable


components are disposed of in a manner that does not allow
them to be returned to service.

Link to Part-M Subpart E Components

M.A.501 Installation No component may be fitted unless it is in a satisfactory Selected elements


As amended by ED Decision condition, has been appropriately released to service on an EASA
2006/14/R Form 1 or equivalent and is marked in accordance with Part 21
Subpart Q, unless otherwise specified in Part- 145 and Subpart F.
Obligation of an approved maintenance organisation prior to
installation (component eligibility - applicable modification
standards + ADs)

Standard parts (specified in maintenance data)


should be accompanied by evidence of conformity traceable to
the applicable standard

Raw material and 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)

Material should meet the required specification and has


appropriate traceability)
Accompanied documentation

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Definition of Standard parts as per ED Decision 2006/14/R

M.A.502 Component maintenance The maintenance of components shall be performed by: Selected elements

appropriately approved Subpart F or

art-145 maintenance organisations


Maintenance on any component may be performed by
M.A.801(b)2 certifying staff:

only when components are fitted to the aircraft

Such components 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 Service life limited components shall not exceed the approved Selected elements
service life limit as per MP and ADs.

M.A.504 Control of unserviceable A component shall be considered unserviceable when: Selected elements
components
expiry of the service life limit as defined in the MP

Non-compliance with the applicable ADs and other continued


airworthiness requirement mandated by the Agency.

Absence of the necessary information to determine the


airworthiness status or eligibility for installation.

Evidence of defects or malfunctions.

Involvement in an incident or accident likely to affect its


serviceability.

Unserviceable components shall be identified and stored in a


secure location (controlled by M.A.502 approved)

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Components with reached certified life limit or non-repairable
defects

shall be classified as unsalvageable and

shall not be permitted to re-enter the component supply


system, (exemptions - M.A.304)

Any person or organisation accountable under Part-M shall, in the


case of a paragraph (c) unsalvageable components:

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

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

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.

145.A.45 Maintenance data Obligation hold and use applicable current maintenance data in Full contents
the performance of maintenance, including modifications and
repairs.

Meaning of applicable.

The case of maintenance data provided by an operator or


customer.

Applicable maintenance data for the purposes of this Part


(detailed list).

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Procedures to ensure that any inaccurate, incomplete or
ambiguous procedure, practice, information or maintenance
instruction contained in the maintenance data is recorded and
notified to the author.

The organisation may modify maintenance instructions in


accordance with a MOE procedure, when demonstrating that
changes will result in equivalent or improved maintenance
standards. The TC holder shall be informed.

Meaning of maintenance instructions for the purposes of this


paragraph.

Providing a common work card or worksheet system to be used


throughout relevant parts of the organisation.

Obligation either to transcribe accurately the maintenance data


onto work cards or worksheets, or to make precise reference to
the particular maintenance task or tasks contained in such
maintenance data.

Work cards and worksheets computer generated / managed;


requirements.

Transcription of complex maintenance tasks onto work cards /


worksheets.

When providing maintenance to an operator who requires its


work card or worksheet system to be used, then such system
may be used; procedure to ensure correct completion of the
operators' work cards or worksheets.

All applicable maintenance data to be readily available for use


when required by maintenance personnel.

Procedure to ensure that maintenance data is kept up to date.


Provisions in the case of customer controlled / provided
maintenance data.

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Link to Part-M Subpart D Maintenance Standards

M.A.401 Maintenance data The person or organisation maintaining an aircraft shall have
Selected elements access to and use only applicable current maintenance data in the
performance of maintenance, including modifications and repairs.

Applicable maintenance data is:


List of the data (specifically: any applicable data issued in
accordance with 145.A.45(d))

All applicable maintenance data shall be:

current and

readily available for use

when required.

Work card or worksheet system.

M.A.403 Aircraft defects Only the authorised certifying staff according to Part-145 can Selected
decide, using M.A.401 maintenance data, whether an aircraft elements
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.

AMC Maintenance data Holding and using the minimum maintenance data relevant to the Overview
145.A.45(b) As amended by organisations approval class rating. Common minimum
ED Decision 2007/02/R maintenance data (including CDCCL) and exceptions.
Detailed list of the maintenance data for an organisation with an
approval class rating in category A Aircraft
Detailed list of the maintenance data for an organisation with an
approval class rating in category B Engines/APUs
Detailed list of the maintenance data for an organisation with an
approval class rating in category C Components other than
complete engines/APUs
Detailed list of the maintenance data for an organisation with an
approval class rating in category D Specialised services
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AMC Maintenance data Processing of inaccurate, incomplete or ambiguous information in Full contents
145.A.45(c) Full contents the maintenance data.
The Part-145 organisation shall notify the problem to the author
of the maintenance data in a timely manner.
A record of such communications should be retained by the Part-
145 until such time as the TC holder has clarified the issue.
The procedure should be specified in the MOE.

AMC Maintenance data Need for a practical demonstration by the mechanic to the quality Full contents
145.A.45(d) As amended by personnel of the proposed modified maintenance instruction.
ED Decision 2007/02/R When satisfied the quality personnel should approve the modified
Full contents maintenance instruction and ensure that the TC or STC holder is
informed. Traceability of the complete process from start to finish
Relevant maintenance instruction shall clearly identify the
modification.

Modified maintenance instructions should only be used in:


CDCCL are airworthiness limitations: any modification of maint.
instructions linked to CDCCL are an aircraft modification to be
approved i.a.w. Part-21.

AMC Maintenance data Availability of data to the relevant parts of the organisation Full contents
145.A.45 (f) Work-cards (content and structure)
Supplementary work-cards or worksheets

AMC Maintenance data To keep data up to date, a procedure should be set up to monitor Full contents
145.A.45 (g) As amended by the amendment status of all data and maintain a check that all
ED Decision 2007/02/R amendments are being received by being a subscriber to any
document amendment scheme.

Special attention to be given to TC related data (certification life


limited parts, airworthiness limitations and airworthiness
limitations items, etc).

Data being made available to personnel maintaining aircraft


means

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Where computer systems are used...

Where microfilm or microfiche readers/printers are used

Link to Part-M Subpart Continuing Airworthiness

M.A.302 Maintenance programme A maintenance programme approved by the competent authority Selected elements

M.A.303 Airworthiness directives Obligation to carry out any applicable AD within the requirements Selected elements
of that AD, unless otherwise specified by the Agency.

M.A.304 Data for modifications and Obligation to assess damages and to carry out modifications and Selected elements
repairs repairs using data approved by the Agency or by an approved
Part-21 design organisation, as appropriate.

Link to Regulation (EC) 1702/2003


Part-21 Subpart A General Provision

21.A.3B Airworthiness Directives To clarify the obligation to carry out any applicable AD, the Overview
requirements of 21.A.3B (Airworthiness Directives) shall be
summarised:
(a) in detail, (b) overview, (c) in detail (items 1 5)
What an AD is
When an AD shall be issued
Responsibilities of the TC / STC holder
Minimum contents of an AD: identification of the unsafe
condition, identification of the affected aircraft, action(s)
required, compliance time for the required action(s), date of
entry into force.

Link to Regulation (EC) 1702/2003


Part-21 Subpart D (Changes to type-certificates and restricted type-certificates)

Part-21 To clarify M.A.304 requirements, the following elements of Part-21


Subpart E Subpart D, Subpart E and Subpart M shall be summarised:
(STCs)

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21.A.91 Classification of changes in type design (Changes in type
Part-21 design are classified as minor and major. Minor change definition)
Subpart M
(Repairs) 21.A.435 Classification of repairs (A repair may be 'major' or
'minor' - ref. to 21A.9; a repair shall be classified major or minor
Selected either by the Agency, or by an appropriately approved design
elements organisation under a procedure agreed with the Agency)
(overview)
21.A.92 Eligibility (Only the TC holder may apply for approval of a
major change to a type design under this Subpart; all other
applicants for a major change to a type design shall apply under
Subpart E)

21.A.107: To be described in 21.A.107 Instructions for continued airworthiness (The holder of a


details due to its influence to the minor change approval to type design shall furnish at least one set
aircraft continuing airworthiness of the associated variations, if any, to the instructions for
(CAMO has to consider these continued airworthiness of the product on which the minor change
additional data). is to be installed; changes to those variations of the instructions
for continued airworthiness shall be made available to all known
operators of a product incorporating the minor change and
shall be made available, on request, to any person required to
comply with any of those instructions)

21.A.111 Scope (STC) (This Subpart establishes the procedure for


the approval of major changes to the type design under
supplemental type certificate procedures, and establishes the
rights and obligations of the applicants for, and holders of, those
certificates. Note: Compare with the 21A.92 Eligibility)

21.A.120: To be described in 21.A.120 Instructions for continued airworthiness (The holder of


details due to its influence to the the STC shall furnish at least one set of the associated variations,
aircraft continuing airworthiness if any, to the instructions for continued airworthiness of the
(CAMO has to consider these product on which the minor change is to be installed, changes to
additional data). those variations of the instructions for continued airworthiness
shall be made available to all known operators of a product
incorporating the minor change and shall be made available, on
request, to any person required to comply with any of those
instructions).

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21.A.431 Scope (Repairs) (This Subpart establishes the procedure
for the approval of repair design, and establishes the rights and
obligations of the applicants for, and holders of, those approvals;
Definition of a repair = elimination of damage and/or restoration
to an airworthy condition following initial release into service by
the manufacturer of any product, part or appliance; Elimination of
damage by replacement of parts or appliances without the
necessity for design activity shall be considered as a maintenance
task and shall therefore require no approval under this Part)

21.A.432 Eligibility (Any natural or legal person that has


demonstrated, or is in the process of demonstrating, its capability
under 21A.432 B shall be eligible as an applicant for a major repair
design approval under the conditions laid down in this Subpart)

21A.432B Demonstration of capability (DOA or alternative


procedure to demonstrate its capability - An applicant for a major
repair design approval shall demonstrate its capability by holding a
design organisation approval, issued by the Agency i.a.w. Subpart
J; by way of derogation, as an alternative procedure to
demonstrate its capability, an applicant may seek Agency
agreement for the use of procedures setting out the specific design
practices, resources and sequence of activities necessary to
comply with this Subpart).

21.A.437 Issue of a repair design approval (by the Agency, or by


an appropriately approved organisation that is also the type-
certificate or the supplemental type-certificate holder, under a
procedure agreed with the Agency, or for minor repairs only, by an
appropriately approved design organisation under a procedure
agreed with the Agency)

21.A.439 Production of repair parts (Under Subpart F of Part-21,


or by an organisation appropriately approved i.a.w. Subpart G of
Part-21, or by an appropriately approved maintenance
organisation. (ref. Scope of the approval of this organisation)

21.A.441 Repair embodiment (The embodiment of a repair shall be


made by an appropriately approved maintenance organisation, or

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by a production organisation appropriately approved i.a.w. Subpart
G, under 21A.163 privilege. The design organisation shall transmit
to the organisation performing the repair all the necessary
installation instructions)

21.A.443 Limitations (A repair design may be approved subject to


limitations, in which case the repair design approval shall include
all necessary instructions and limitations. These instructions and
limitations shall be transmitted by the repair design approval
holder to the operator i.a.w. a procedure agreed with the Agency).

21.A.445 (Un-repaired damage): 21.A.445 Unrepaired damage (when a damaged product, part or
To be described in details due to its appliance, is left un-repaired, the evaluation of the damage for its
influence to the aircraft continuing airworthiness consequences may only be made by the Agency, or
airworthiness (CAMO has to by an appropriately approved design organisation under a
consider these additional data) procedure agreed with the Agency).

21.A.447 Record keeping (Responsibility of the repair design


approval holder)

21.A.449: To be described in 21.A.449 Instructions for continued airworthiness (The holder of


details due to its influence to the the repair design approval shall furnish at least one complete set
aircraft continuing airworthiness of those changes to the instructions for continued airworthiness
(CAMO has to consider these which result from the design of the repair, comprising descriptive
additional data) data and accomplishment instructions prepared i.a.w. the
applicable requirements, to each operator of aircraft incorporating
the repair. The repaired product, part or appliance may be
released into service before the changes to those instructions have
been completed, but this shall be for a limited service period, and
in agreement with the Agency. Those changes to the instructions
shall be made available on request to any other person required to
comply with any of the terms of those changes to the instructions.
The availability of some manual or portion of the changes to the
instructions for continued airworthiness, dealing with overhaul or
other forms of heavy maintenance, may be delayed until after the
product has entered into service, but shall be available before any
of the products reaches the relevant age or flight hours/cycles.
If updates to those changes to the instructions for continued
airworthiness are issued by the holder of the repair design
approval after the repair has been first approved, these updates

Revision 28.10.2008 Page 51 of 77


shall be furnished to each operator and shall be made available on
request to any other person required to comply with any of the
terms of those changes to the instructions. A programme showing
how updates to the changes to the instructions for continued
airworthiness are distributed shall be submitted to the Agency)

145.A.47 Production planning A system appropriate to the amount and complexity of work to Full contents
plan availability of all necessary resources
Planning of tasks and shifts taking into account human
performance limitations.

Adequate hand over of relevant information when it is required to


hand over the continuation or completion of maintenance tasks

AMC Production planning The production planning function includes two complementary Full contents
145.A.47(a) elements:

scheduling the maintenance work ahead to ensure that it will


not adversely interfere with other work as regards the
availability of all necessary personnel, tools, equipment,
material, data and facilities
during maintenance work, organising maintenance teams and
shifts and provide all necessary support to ensure the
completion of maintenance without undue time pressure.
Aspects to be considered when establishing a production planning
procedure.

AMC Production planning Meaning of limitations of human performance in the context of Full contents
145.A.47(b) planning safety related tasks.

AMC Production planning Objective of the changeover / handover information. Full contents
145.A.47(c) Effective task and shift handover - the three basic elements.

Revision 28.10.2008 Page 52 of 77


145.A.50 Certification of maintenance When a certificate of release to service shall be issued. Full contents
Verifications to be performed.

No non-compliances that hazard seriously the flight safety.


A CRS shall be issued before flight at the completion of any
maintenance.

New defects or incomplete maintenance work orders identified


If the operator declines to have such maintenance carried out ...
A CRS shall be issued at the completion of any maintenance on a
component whilst off the aircraft. The EASA Form 1 is the
component certificate of release to service.

When an organisation maintains a component for its own use, an


EASA Form 1 may not be necessary depending upon MOE
procedures.

Provisions in case the organisation is unable to complete all


maintenance.

Provisions in case an aircraft is grounded at a location other than


the main line station / main maintenance base due to non-
availability of a component.

Link to Part-M
Certificate Of Release To Service - CRS

M.A.801 Aircraft certificate of release to (a) Except for aircraft released to service by a Part-145 Selected elements
service organisation, the certificate of release to service shall be issued
according to this Subpart.

AMC Certification of maintenance A component maintained off the aircraft needs the issue of a CRS Overview
145.A.50(a) As amended by for such maintenance and another CRS in regard to being
ED Decision 2007/02/R installed properly on the aircraft when such action occurs. In the
case of base maintenance this means a separate task sign off for
the maintenance and installation tasks.

Revision 28.10.2008 Page 53 of 77


When an organisation maintains a component for use by the
organisation, an EASA Form 1 may not be necessary depending
upon the internal release procedures defined in the MOE.
Meaning of hazard seriously the flight safety. Examples.

Provisions in the case of the issue of EASA Form 1 for


components in storage prior to Part-145 and Part-21 and not
released on an EASA Form 1 or equivalent in accordance with
145.A.42(a), or removed serviceable from a serviceable aircraft
or an aircraft which have been withdrawn from service.

Overview of the specific provisions outlined in 2 for each


situation:

new / unused aircraft components

used aircraft components removed from a serviceable aircraft

used aircraft components removed from aircraft withdrawn


from service

used aircraft components maintained by organisations not


approved i.a.w. Part-145.

At any task carried out to a fuel system feature classified as


CDCCL, before release to service, records to reflect that correct
configuration is maintained / ensured. Marking = CDCCL task.

AMC Certification of maintenance The statement which should be contained in the CRS. Full contents
145.A.50(b) CRS should relate to the task specified in the manufacturer's /
operator's instruction or the aircraft maintenance program, which
may cross-refer to a manufacturer's/operator's instruction in a
maintenance manual, SB etc.

The date such maintenance was carried out should include when
the maintenance took place relative to any life or overhaul
limitation.

Revision 28.10.2008 Page 54 of 77


When extensive maintenance has been carried out the CRS may
summarise the maintenance (but unique cross-reference to the
work-pack containing full details of maintenance carried out).
Dimensional information to be retained in the work-pack record.
The person issuing the CRS should use his normal signature.

Usage of a computer release to service system. Only the


particular person shall be able to electronically issue the release
to service; possible solutions.
A certification stamp is optional.

AMC Certification of maintenance The purpose of the certificate of release to service. Full contents
145.A.50(d) The EASA Form 1 is called the authorised release certificate.
The certificate is to be used for export/import/domestic purposes,
and is an official certificate from the manufacturer/maintenance
organisation to users.

It is not a delivery or shipping note, and can only be issued by


organisations approved by the competent authority within the
scope of the approval.
The certificate may be used as a rotable tag applicable
conditions.

Under no circumstances may a certificate be issued for any item


when it is known that the item has a defect considered a serious
hazard to flight safety.

Certificate not to be issued when it is known that the item is


unserviceable. Exception to such rule - applicable conditions;
clear statement in Block 13.
Aircraft may not be released using the certificate.

AMC Certification of maintenance Meaning of being unable to establish full compliance with Part- Full contents
145.A.50(e) 145.A.50 (a).
The aircraft operator is responsible for ensuring that all required
maintenance has been carried out before flight, therefore
145.A.50 (e) requires the operator to be informed if full

Revision 28.10.2008 Page 55 of 77


compliance with 145.A.50 (a) cannot be achieved within the
operators limitations.

If the operator agrees to the deferment of full compliance, then


the CRS may be issued subject to details of the deferment,
including the operators authority, being endorsed on the
certificate.

Whether or not the aircraft operator does have the authority to


defer maintenance is an issue between the aircraft operator and
its Member State.

In case of doubt concerning such a decision of the operator, the


AMO should inform its Member State before issue of the CRS, for
further investigation.

145. A.50 (a) does not normally permit the issue of a CRS in the
case of non compliance; procedure should state actions to be
taken to bring the matter to the attention of the aircraft operator,
to discuss and resolve such issue.

Responsible persons to be kept informed in writing of such


situations.

Link to M.A.306
AMC Certification of maintenance Meaning of suitable release certificate. Operator's
145.A.50(f) Meaning of compliance with all other Part-145 and operator technical log
requirements = making an appropriate entry in the aircraft system
technical log, etc.
Full contents

Appendix I Use of the EASA Form 1 for Overview of the contents of Appendix I. Overview
maintenance Requirements applicable to the certificate and to its use.
Completion of the EASA Form 1.

145.A.55 Maintenance records Recording all details of maintenance work carried out. Full contents
Minimum records to be retained, including subcontractor's release
docs.

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A copy of each CRS to be given to the aircraft operator together
with copy of approved repair/modification data used for
repairs/modifications carried out.

Preservation of a copy of all detailed maintenance records and


any associated maintenance data for two years from the date the
aircraft or component to which the work relates was released
from the organisation.

Safe storage of records. Storage of computer backup discs, tapes


etc.

Distribution or storage of retained maintenance records in case a


Part-145 organisation terminates its operation.

AMC Maintenance records Meaning of associated maintenance data. This does not Full contents
145.A.55(c) necessarily require the retention of all Aircraft Maintenance
Manual, Component Maintenance Manual, IPC etc issued by the
TC holder or STC holder.

Maintenance records should refer to the revision status of the


data used.

GM Maintenance records The importance of properly executed and retained records for Full contents
145.A.55(a) owners, operators and maintenance personnel.

Secure and easily retrievable records with comprehensive /


legible contents.

Basic details of serialised components and other significant


components installed, to ensure traceability to documentation
and maintenance data.

Provisions for engines of a modular design.

Reconstruction of lost or destroyed records - guidance.

Revision 28.10.2008 Page 57 of 77


Reconstructed records should be accepted by the competent
authority.

Additional maintenance may be required.

Record = either a paper or computer system or any combination


of both.

Paper systems requirements. Computer systems


requirements.

Safeguards against unauthorised alterations.

Link to Part-M
Continuing Airworthiness Records

M.A.305 Aircraft continuing Obligation to enter a certificate of release to service in the


airworthiness record system aircraft continuing airworthiness records at the completion of any
Selected elements maintenance.

Required continuing airworthiness records.


Minimum contents of the aircraft continuing airworthiness
records.

Control of the continuing airworthiness records.


Requirements for entries made in the continuing airworthiness
records.

Minimum preservation periods of the continuing airworthiness


records.

M.A.306 Operator's technical log system In the case of commercial air transport, in addition to the
Selected elements requirements of M.A.305, there is the obligation to use an aircraft
technical log system.

Minimum contents of the technical log system, for each aircraft.


Approval by the Competent Authority.
Minimum preservation periods of the aircraft technical log.

Revision 28.10.2008 Page 58 of 77


MAINTENANCE PROCEDURES AND QUALITY SYSTEM

145.A.65 Safety and quality policy, The safety and quality policy, to be included in the MOE. Full contents
maintenance procedures and Procedures agreed by the competent authority, taking into
quality system account human factors and human performance, to ensure good
maintenance practices and compliance with this Part.

Clear work order or contract such that aircraft / components may


be released to service in accordance with 145.A.50.
Maintenance procedures under this apply to 145.A.25 to
145.A.95 and shall cover all aspects of carrying out the
maintenance activity, including the provision and control of
specialised services, and lay down the standards to which the
organisation intends to work.

For line and base maintenance, procedures to minimise the risk


of multiple errors and capture errors on critical systems. No
person to carry out / inspect a maintenance task involving
disassembly/reassembly of several components of the same type
fitted to more than one system on the same aircraft during a
maintenance check. When only one person is available, work card
/ worksheet shall include an additional re-inspection after
completion of all the same tasks.

Procedures to ensure that damage is assessed and modifications


and repairs are carried out using data approved by the Agency or
by a Part-21 approved design organisation, as appropriate.
The quality system, including:

Independent audits - Requirements, purpose, the smallest


organisation;
A quality feedback reporting system - Requirements, purpose.

AMC Safety and quality policy, Minimum contents of the safety and quality policy. Full contents
145.A.65(a) maintenance procedures and
quality system

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AMC Safety and quality policy, Maintenance procedures should be held current and reflect best
145.A.65(b) maintenance procedures practice.
and quality system
Full contents All employees shall report any differences (occurrence reporting).
All procedures, and changes, should be verified and validated
before use where practicable. Technical procedures should be
designed and presented in accordance with good human factors
principles.

AMC Safety and quality policy, Specialised services = any specialised activity, such as, but not
145.A.65(b)(2) maintenance procedures limited to non destructive testing requiring particular skills and/or
and quality system qualification.
Full contents
145.A.30(f) covers the qualification of personnel. Need to establish
maintenance procedures that cover the control of any specialised
process.

AMC Safety and quality policy, The purpose of this procedure = minimise the possibility of an
145.A.65(b)(3) maintenance procedures error being repeated, compromising more than one system.
and quality system Examples.
As amended by
ED Decision 2007/02/R Procedures to detect and rectify maintenance errors that could
Full contents result in a failure, malfunction, or defect endangering the safe
operation of the aircraft.

The procedure should identify the method for capturing errors, and
the maintenance tasks or processes concerned.
Maintenance tasks to be primarily reviewed to assess their impact
on safety.

Additional information to be processed.


To prevent omissions, every task / group of tasks should be
signed-off.

To ensure completion, sign-off only after completion.


Work by unauthorised personnel to be checked before sign-off.
The grouping of tasks should allow critical steps to be clearly

Revision 28.10.2008 Page 60 of 77


identified.

Meaning of the sign-off statement.


Meaning of authorised personnel (not necessarily being
certifying staff).

Ensuring that CDCCL are not compromised. Procedures when


necessary.

Attention to adverse effects of any wiring change (i.e. segregation


of fuel gauging wiring system = CDCCL ). Prevention through
training.

The importance of maintaining ignition prevention features


properly.

AMC Safety and quality policy, The primary objectives of the quality system. Full contents
145.A.65(c)(1) maintenance procedures
and quality system The independent audit as an essential element of the quality
system.
The independent audit as a process. Contents, purpose.
Random audits on a sample basis when maintenance is being
carried out.

The quality audit plan.


All aspects of Part-145 compliance to be checked every 12
months.

Audits may be carried out as a complete single exercise or


subdivided over the year period i.a.w. a scheduled plan.
Guidance about checking procedures against product lines.

Sample checks of products. Guidance.


The smallest organisation.
Line stations. Plan to audit each station at a frequency consistent
with flight activity at the particular station, but not exceeding 24
months.

Revision 28.10.2008 Page 61 of 77


Provisions in order to increase audit time periods.

The audit report.


How to ensure the independence of the audit. Guidance for large /
medium sized / small maintenance organisations.

AMC Safety and quality policy, The quality feedback system as an essential element of the Full contents
145.A.65(c)(2) maintenance procedures quality system.
and quality system
The feedback system may not be contracted to outside persons.

The principal function of the quality feedback system.

Audit report to be sent to the relevant department(s) for


rectification action with target rectification dates; discussion /
confirmation of rectification dates.

Rectification of findings by the relevant department. Information


to the quality department / quality auditor of such rectification.

Regular meetings between AM and staff to check progress on


rectification.

Provisions for large organisations.


Management of records. Preservation periods.

GM Safety and quality policy, Guidance on one acceptable working audit plan. Full contents
145.A.65(c)(1) maintenance procedures List to be tailored for the particular situation.
and quality system All line stations to be audited at the frequency agreed by the
competent authority within the limits of AMC 145.A.65(b).

145.A.70 Maintenance organisation Meaning of Maintenance organisation exposition. Full contents


exposition The organisation shall provide the competent authority with a
MOE.

Revision 28.10.2008 Page 62 of 77


Detailed list of key information that shall be contained in the
MOE.

The MOE shall be amended as necessary to remain up-to-date.

The MOE and any subsequent amendment shall be approved by


the competent authority; minor amendments may be approved
through a MOE procedure (indirect approval).

AMC Maintenance organisation Information to be included in the MOE. Overview


145.A.70(a) exposition
As amended by Some information may be kept as separate documents or on
ED Decision 2007/02/R separate electronic data files subject to the management part of
said exposition containing a clear cross reference to such
documents or electronic data files.

Any subject order can be used, provided all applicable subjects


are covered.

Where an organisation uses a different format, the MOE should


contain a cross reference Annex using this list as an index with an
explanation as to where in the exposition the subject matter can
be found.

MOE to contain info, as applicable, on how the organisation


complies with CDCCL instructions and how the completion of
CDCCL is traced.

Small maintenance organisations may combine the various items.


The operator may use electronic data processing (EDP) for
publication.

MOE to be made available to the competent authority in an


acceptable form.

Compatibility of EDP systems with dissemination of the MOE.


Recommended index of MOE.

Revision 28.10.2008 Page 63 of 77


GM Maintenance organisation The purpose of the MOE. Overview
145.A.70(a) exposition
Compliance with its contents will assure compliance with the
requirements of Part-145, which is a pre-requisite to obtaining
and retaining a certificate.

The 'management' part of the MOE.

The list of certifying staff may be produced as a separate


document.

The working procedures of the organisation.


Personnel to be familiar with those parts of the manuals that are
relevant to the maintenance work they carry out.
Responsibilities to amend the manual to be specified.

The quality manager should be responsible for monitoring the


amendments and submission of the proposed amendments to the
competent authority.
Indirect approval of the MOE.

The four main parts to be covered by the MOE.

The accountable managers exposition statement an example.


Whenever the accountable manager changes the new
accountable manager shall the statement at the earliest
opportunity. Failure to carry out this action could invalidate the
Part-145 approval.

When an organisation is approved against any other Part


containing a requirement for an exposition, a supplement
covering the differences will suffice to meet the requirements
except that the supplement should have an index showing where
those parts missing from the supplement are covered.

Revision 28.10.2008 Page 64 of 77


145.B.40 Maintenance organisation Management of amendments to the MOE: Overview
exposition (MOE) amendments
Direct approval
Indirect approval

AMC 145.B.40 Maintenance organisation Competent authority may define some class of amendments to the Full contents
exposition (MOE) amendments MOE which may be incorporated without prior authority approval.
A procedure should be stated in the amendment section of the
MOE. The MOE chapter dealing with scope of work/approval should
not be subject to this procedure.

Each MOE amendment to be submitted to the competent authority.


Procedures to be followed for direct / indirect approval.

APPLICATION

145.A.15 Application Application for the issue or variation of an approval to be made to Full contents
the competent authority in a form and manner established by
such authority.

AMC 145.A.15 Application In a form and in a manner established by the competent Full contents
authority means that the application should be made on an
EASA Form 2.

Appendix III Part-145 Approval Application Overview of EASA Form 2. Overview


to AMC
EASA Form 2

FINDINGS

145.A.95 Findings Definition of level 1 finding and level 2 finding. Full contents
AMO needs to define a corrective action plan and demonstrate
corrective action to the satisfaction of the competent authority
within an agreed period, after receipt of notification of findings
according to 145.B.50.

Revision 28.10.2008 Page 65 of 77


145.B.50 Findings Actions to be taken by the competent authority when evidence is Full contents
found showing non-compliance to the Part-145 requirements.

For level 1 findings, immediate action shall be taken to revoke,


limit or suspend in whole or in part, depending upon the extent of
the finding, the organisation approval, until successful corrective
action has been taken.

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.

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.

AMC Findings Explanation of level 1 findings and examples. Full contents


145.B.50 (a) For a level 1 finding the competent authority may need to ensure
that further maintenance and re-certification of all affected
products is accomplished.

Explanation of level 2 findings and examples.

AMC Findings Where the organisation has not implemented the necessary Overview
145.B.50 (b) corrective action within the defined period it may be appropriate
to grant a further period of up to three months, subject to the
competent authority notifying the AM.

In exceptional circumstances and subject to a realistic action plan


being in place, the competent authority may vary the maximum 6
month corrective action period. In granting such a change the
past performance of the organisation should be considered.

Revision 28.10.2008 Page 66 of 77


PRIVILEGES

145.A.75 Privileges of the organisation Organisations are entitled to carry out the following tasks i.a.w. Full contents
the MOE:

Maintain aircraft / component for which it is approved at the


locations identified in the approval certificate and in the MOE.

Arrange for maintenance of aircraft / component for which it


is approved at another organisation working under the quality
system of the organisation (such organisation not being
approved to carry out such maintenance under Part 145;
limited to the work scope permitted under 145.A.65(b)
procedures). Excluding: base maintenance check, complete
workshop maintenance check / overhaul of an engine / engine
module.

Maintain aircraft / component for which it is approved at any


location if such a need arises due to unserviceability of the
aircraft or need to support occasional line maintenance;
conditions specified in the MOE;

Maintain aircraft / component for which it is approved at a line


maintenance location capable of supporting minor
maintenance, only if the MOE permits such activity and lists
such locations;

Issue CRS in respect of completion of maintenance i.a.w.


145.A.50.

AMC Privileges of the organisation Explanation of working under the quality system of an Full contents
145.A.75(b) organisation appropriately approved under Part-145: an
organisation not appropriately Part-145 approved may carry out
aircraft line maintenance / minor engine maintenance /
maintenance of components / specialised services as a
subcontractor for an organisation appropriately Part-145 approved.

Revision 28.10.2008 Page 67 of 77


Obligation to have a procedure for control of such subcontractors
in order for the organisation to be approved to subcontract.

An AMO carrying out maintenance for another AMO within its own
approval scope is not a subcontractor for the purpose of this
paragraph.

FAR 145 is more restrictive about activities that can be contracted


or sub-contracted - any listing of contracted / sub-contracted
organisations should identify which meet Part-145 criteria and
which meet FAR 145 criteria.

Meaning of maintenance of engines or engine modules other than


a complete workshop maintenance check or overhaul.
Fundamentals of sub-contracting under Part-145.
Reasons for allowing a Part-145 AMO to sub-contract maintenance
tasks.

Meaning of maintenance carried out under the sub-contract


control system.

Implications for sub-contractors facilities, personnel and


procedures.

Organisations responsibility to ensure such requirements are


satisfied.

Organisation is not required to have complete facilities for sub-


contracted maintenance but should have its own expertise to
determine that the sub-contractor meets the necessary standards.

Organisation cannot be approved unless it has the in-house


facilities, procedures, expertise to carry out majority of
maintenance for which it wishes to be approved in terms of class
ratings.

Revision 28.10.2008 Page 68 of 77


Use of specialist subcontractors to certify the release to service of
particular products. Need to demonstrate the necessary expertise
and procedures to control such sub-contractors.

Organisation working outside the scope of its approval schedule.


Sub-contract control of another organisation Part-145approved.
Authorisation to sub-contract is indicated by acceptance of MOE
having a specific procedure on the control of sub-contractors.
Part-145 procedures for the control of subcontractors not Part-145
approved.

Pre-audit procedure. Purpose.


Assessment of foreseen use of the sub-contractors facilities.
Paperwork, personnel, approved data and material/spare parts to
be used.

Use of tools, equipment and personnel from the sub-contractor.


Supervision of inspection and release from the sub-contractor.
Using own staff or authorising the sub-contractor's staff.
Issuance of the certificate of release to service.

The certificate of release to service and the EASA Form 1 to be


issued always under the maintenance organisation approval
reference.

The sub-contract control procedure requirements.


Revocation process for sub-contractors who do not meet the
requirements.

Audit of the sub-contract control section / sample audit of sub-


contractors.

The contract should contain a provision for the competent


authority and EASA to have right of access to the sub-contractor.
LIMITATIONS

145.A.80 Limitations on the organisation The organisation shall only maintain an aircraft or component for Full contents
which it is approved when all the necessary

Revision 28.10.2008 Page 69 of 77


facilities,
equipment,
tooling
material
maintenance data and
certifying staff
are available

AMC 145.A.80 Limitations on the organisation Explanation of the purpose of this paragraph = to cover the Full contents
Full contents situation where an organisation may temporarily not hold all the
necessary tools, equipment etc., for an aircraft type or variant
specified in the organisation's approval.
No need to amend the approval to delete the aircraft type or
variants if it is a temporary situation and there is a commitment
from the organisation to re-acquire tools, equipment etc. before
performing maintenance on the type.

ISSUE OF APPROVAL

145.B.20 Initial approval The competent authority shall indicate in writing its acceptance of Full contents
the personnel, specified in 145.A.30 (a) and (b).

The competent authority shall verify that the procedures specified


in the MOE comply with Part-145 and that the accountable
manager signs the commitment statement.

The competent authority shall verify that the organisation is in


compliance with the requirements of Part-145.

A meeting with the AM 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 MOE commitment of
the organisation to compliance with the procedures specified in the
MOE.

All findings must be confirmed in writing to the organisation.


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

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For initial approval all findings must be corrected before the
approval can be issued.

AMC Initial approval Meaning of Formally indicate in writing (EASA Form 4). Full contents
145.B.20 (1)
Applicability of EASA Form 4.

Acceptance of the accountable manager.

The competent authority may reject an accountable manager


where there is clear evidence that they previously held a senior
position in any JAR / Part approved Organisation and abused that
position by not complying with the particular JAR / Part
requirements.

AMC Initial approval Verification that the organisation complies with the exposition Full contents
145.B.20 (2) procedures should be established by the competent authority
approving the MOE.

AMC Initial approval For a large organisation, either one large team audit or a short Full contents
145.B.20 (3) series of small team audits or a long series of single man audits
may be appropriate.

Criteria to perform audit against different product lines.


The surveyor should always be accompanied throughout the audit
by a senior technical member of the organisation (normally the
quality manager).

The surveyor should inform the senior technical member of the


organisation at the end of the audit visit on all findings made
during the audit.

AMC Initial approval Findings to be recorded on an audit report form with a provisional Full contents
145.B.20 (6) categorisation as a level 1 or 2, and then to be reviewed,
adjusted if necessary, and become confirmed.

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All findings to be confirmed in writing to the organisation within 2
weeks.
Dealing with situations in which there is uncertainty about
compliance.

145.B.25 Issue of approval Competent Authority shall formally approve the MOE and issue an Full contents
Full contents EASA Form 3 approval certificate (see Appendix III) including the
approval ratings.

Certificate to be issued only when the organisation is part-145


compliant.

Conditions of approval to be indicated on the approval certificate.


The reference number.

Appendix III Approval certificate EASA Details on the format: Overview


Form 3
Reference Number

Approval schedule i.a.w. Appendix II Approval class and


ratings

The organisation shall be entitled to carry out the following


tasks (145.A.75 Privileges of the organisation)

Maintain any aircraft and/or component for which it is


approved at the locations identified in the approval certificate
and in the exposition

AMC Issue of approval Granting of approvals involving more than one Member criteria Overview
145.B.25 (1) The approval should be based only upon the organisational
capability (including associated sub-contractors) relative to Part-
145 and not limited by reference to EASA / national type
certificated products.

Revision 28.10.2008 Page 72 of 77


The competent authority should indicate approval of the MOE in
writing.

AMC Issue of approval The validity of the Part-145 approval should be of unlimited Full contents
145.B.25 (2) duration.

CONTINUED OVERSIGHT

145.A.90 Continued validity Approval issued for an unlimited duration. Full contents
Conditions for the approval to remain valid:

organisation remaining in compliance with this Part

proper handling of findings as per 145.B.40

granting access to the competent authority

certificate not being surrendered or revoked

Approval to be returned to competent authority upon surrender /


revocation.

145.B.30 Continuation of an approval The continuation of an approval shall be monitored in accordance Full contents
with the applicable initial approval process under 145.B.20.
The competent authority shall keep and update a program listing
the approved maintenance organisations under its supervision, the
dates when audit visits are due and when such visits were carried
out.

Each organisation must be completely reviewed for compliance


with Part-145 at periods not exceeding 24 months.
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.

AMC Continuation of an approval Conditions for the competent authority surveyor(s) to claim credit Overview
145.B.30 (1) for specific item audits completed during the preceding 23 month
Revision 28.10.2008 Page 73 of 77
period.

AMC Continuation of an approval Ongoing aspects of the Part-145 approval to be monitored. Overview
145.B.30 (2) Overview At the successful conclusion of the audit including approval of the
MOE, an audit report form (EASA Form 6) should be completed
including all recorded findings, closure actions / recommendations.
The accountable manager should be seen at least once every 24
months to ensure he fully understands the significance of the
approval.

For line stations the competent authority can adopt a sampling


program based upon number of line stations and complexity.

CHANGES

145.A.85 Changes to the organisation AMO shall notify to the competent authority any proposal to carry Full contents
out any of the following changes, before such changes take place:

Name of the organisation.


Main location of the organisation.
Additional locations of the organisation.
The accountable manager.
any of the persons nominated under 145.A.30(b);
Facilities, equipment, tools, material, procedures, work scope
and certifying staff that could affect the approval.

When proposed changes in personnel are not known to the


management beforehand, these changes shall be notified at the
earliest opportunity.

AMC 145.A.85 Changes to the organisation The purpose of this paragraph is to enable the AMO to remain Full contents
Full contents approved if agreed by the competent authority during negotiations
about any of the specified changes, otherwise the approval would
automatically be suspended in all cases.

145.B.35 Changes The competent authority shall receive notification from the Full contents
organisation of any proposed change as listed in 145.A.85.
Revision 28.10.2008 Page 74 of 77
The competent authority shall comply with the applicable
elements of the initial process paragraphs for any change to the
organisation.

The competent authority may prescribe the conditions under


which organisation may operate during such changes unless it
determines that the approval should be suspended.

AMC Changes Changes to the Part-145 approval include the following: Full contents
145.B.35 (1)
Name change

Address change

Approval scope and rating

New base facility

The applicable part/s of the EASA Form 6 should be used for the
change.

REVOCATION, SUSPENSION, LIMITATION

145.B.45 Revocation, suspension and The competent authority shall: Full contents
limitation of approval
suspend an approval on reasonable grounds in case of
potential safety threat
or
Suspend, revoke or limit an approval pursuant to 145.B.50
[Findings].

PART-66 RELATED ACTIVITIES

66.A.45 Type/task training and ratings The holder of a category A aircraft maintenance licence may only Selected elements
exercise certification privileges on a specific aircraft type
following the satisfactory completion of the relevant category A
aircraft task training carried out by an appropriately approved

Revision 28.10.2008 Page 75 of 77


Part-145 or Part-147 organisation.

The training shall include practical hands on training and


theoretical training as appropriate for each task authorised.
Satisfactory completion of training shall be demonstrated by an
examination and/or by workplace assessment carried out by an
appropriately approved Part-145 or Part-147 organisation.

Aircraft type ratings shall be granted following satisfactory


completion of the relevant category B1, B2 or C aircraft type
training approved by the competent authority or conducted by an
appropriately approved Part-147 maintenance training
organisation.

Note: Appropriate specifications shall be defined in the MOE.

66.B.105 Procedure for the issue of an A Part-145 maintenance organisation which has been authorised Selected elements
aircraft maintenance licence via to carry out this activity by the competent authority may prepare
the Part-145 approved the aircraft maintenance licence on behalf of the competent
maintenance organisation authority or make recommendations to the competent authority.

The Part-145 maintenance organisation shall ensure compliance


with 66.B.100 (a) and (b).

In all cases, the competent authority shall issue the aircraft


maintenance licence.

Note: Appropriate specifications shall be defined in the MOE.

66.B.100 Procedure for the issue of an On receipt of EASA Form 19 [application for an aircraft Selected elements
aircraft maintenance licence by maintenance licence or amendment to such licence] and any
the competent authority supporting documentation, the EASA Form 19 shall be verified for
completeness and it shall be ensured that the experience claimed
meets the requirement of Part 66.

An applicant's examination status shall be verified and/or the


validity of any credits shall be confirmed to ensure that all

Revision 28.10.2008 Page 76 of 77


required modules of Appendix 1 have been met as required by
Part 66.

Note: Appropriate specifications shall be defined in the MOE.

PART-147 RELATED ACTIVITIES

147.A.100 Facility requirements For basic training course Part-145 may provide basic training Selected elements
workshops and/or maintenance facilities for Part-147.

Written agreement shall be made with such organisation


specifying the conditions of access and use thereof.
Note: Appropriate specifications shall be defined in the MOE.

147.A.105 Personnel requirements When another organisation is used to provide practical training Selected elements
and assessments, such other organisation's staff may be
nominated to carry out practical training and assessments.
Note: Appropriate specifications shall be defined in the MOE.

Revision 28.10.2008 Page 77 of 77


2012R0965 EN 25.08.2013 001.001 84

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ANNEX IV

COMMERCIAL AIR TRANSPORT OPERATIONS


[PART-CAT]
SUBPART A
GENERAL REQUIREMENTS
CAT.GEN.100 Competent authority
The competent authority shall be the authority designated by the Member State in
which the operator has its principal place of business.

SECTION 1
Motor-powered aircraft
CAT.GEN.MPA.100 Crew responsibilities
(a) The crew member shall be responsible for the proper execution of his/her
duties that are:

(1) related to the safety of the aircraft and its occupants; and

(2) specified in the instructions and procedures in the operations manual.

(b) The crew member shall:

(1) report to the commander any fault, failure, malfunction or defect which
the crew member believes may affect the airworthiness or safe
operation of the aircraft including emergency systems, if not already
reported by another crew member;

(2) report to the commander any incident that endangered, or could have
endangered, the safety of the operation, if not already reported by
another crew member;

(3) comply with the relevant requirements of the operators occurrence


reporting schemes;

(4) comply with all flight and duty time limitations (FTL) and rest
requirements applicable to their activities;

(5) when undertaking duties for more than one operator:

(i) maintain his/her individual records regarding flight and duty times
and rest periods as referred to in applicable FTL requirements; and

(ii) provide each operator with the data needed to schedule activities in
accordance with the applicable FTL requirements.

(c) The crew member shall not perform duties on an aircraft:

(1) when under the influence of psychoactive substances or alcohol or


when unfit due to injury, fatigue, medication, sickness or other
similar causes;

(2) until a reasonable time period has elapsed after deep water diving or
following blood donation;

(3) if applicable medical requirements are not fulfilled;

(4) if he/she is in any doubt of being able to accomplish his/her assigned


duties; or
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(5) if he/she knows or suspects that he/she is suffering from fatigue as
referred to in 7.f of Annex IV to Regulation (EC) No 216/2008 or feels
otherwise unfit, to the extent that the flight may be endangered.

CAT.GEN.MPA.105 Responsibilities of the commander


(a) The commander, in addition to complying with CAT.GEN.MPA.100, shall:

(1) be responsible for the safety of all crew members, passengers and cargo
on board, as soon as the commander arrives on board the aircraft, until
the commander leaves the aircraft at the end of the flight;

(2) be responsible for the operation and safety of the aircraft:

(i) for aeroplanes, from the moment the aeroplane is first ready to
move for the purpose of taxiing prior to take-off, until the
moment it finally comes to rest at the end of the flight and the
engine(s) used as primary propulsion unit(s) is(are) shut down;

(ii) for helicopters, when the rotors are turning;

(3) have authority to give all commands and take any appropriate actions
for the purpose of securing the safety of the aircraft and of persons
and/or property carried therein in accordance with 7.c of Annex IV to
Regulation (EC) No 216/2008;

(4) have authority to disembark any person, or any part of the cargo, that
may represent a potential hazard to the safety of the aircraft or its
occupants;

(5) not allow a person to be carried in the aircraft who appears to be under
the influence of alcohol or drugs to the extent that the safety of the
aircraft or its occupants is likely to be endangered;

(6) have the right to refuse transportation of inadmissible passengers,


deportees or persons in custody if their carriage increases the risk to
the safety of the aircraft or its occupants;

(7) ensure that all passengers are briefed on the location of emergency
exits and the location and use of relevant safety and emergency
equipment;

(8) ensure that all operational procedures and checklists are complied with
in accordance with the operations manual;

(9) not permit any crew member to perform any activity during critical
phases of flight, except duties required for the safe operation of the
aircraft;

(10) ensure that flight recorders:

(i) are not disabled or switched off during flight; and

(ii) in the event of an accident or an incident that is subject to


mandatory reporting:

(A) are not intentionally erased;

(B) are deactivated immediately after the flight is completed; and

(C) are reactivated only with the agreement of the investigating


authority;
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(11) decide on acceptance of the aircraft with unserviceabilities in
accordance with the configuration deviation list (CDL) or the
minimum equipment list (MEL);

(12) ensure that the pre-flight inspection has been carried out in accordance
with the requirements of Annex I (Part-M) to Regulation (EC)
No 2042/2003;

(13) be satisfied that relevant emergency equipment remains easily


accessible for immediate use.

(b) The commander, or the pilot to whom conduct of the flight has been
delegated, shall, in an emergency situation that requires immediate
decision and action, take any action he/she considers necessary under the
circumstances in accordance with 7.d of Annex IV to Regulation (EC)
No 216/2008. In such cases he/she may deviate from rules, operational
procedures and methods in the interest of safety.

(c) Whenever an aircraft in flight has manoeuvred in response to an airborne


collision avoidance system (ACAS) resolution advisory (RA), the
commander shall submit an ACAS report to the competent authority.

(d) Bird hazards and strikes:

(1) Whenever a potential bird hazard is observed, the commander shall


inform the air traffic service (ATS) unit as soon as flight crew
workload allows.

(2) Whenever an aircraft for which the commander is responsible suffers a


bird strike that results in significant damage to the aircraft or the loss or
malfunction of any essential service, the commander shall submit a
written bird strike report after landing to the competent authority.

CAT.GEN.MPA.110 Authority of the commander


The operator shall take all reasonable measures to ensure that all persons carried
in the aircraft obey all lawful commands given by the commander for the
purpose of securing the safety of the aircraft and of persons or property
carried therein.

CAT.GEN.MPA.115 Personnel or crew members other than cabin crew in


the passenger compartment
The operator shall ensure that personnel or crew members, other than operating
cabin crew members, carrying out their duties in the passenger compartment of
an aircraft:

(a) are not confused by the passengers with operating cabin crew members;

(b) do not occupy required cabin crew assigned stations;

(c) do not impede operating cabin crew members in their duties.

CAT.GEN.MPA.120 Common language


The operator shall ensure that all crew members can communicate with each
other in a common language.

CAT.GEN.MPA.125 Taxiing of aeroplanes


The operator shall ensure that an aeroplane is only taxied on the movement area
of an aerodrome if the person at the controls:

(a) is an appropriately qualified pilot; or

(b) has been designated by the operator and:

(1) is trained to taxi the aircraft;

(2) is trained to use the radio telephone;


2012R0965 EN 25.08.2013 001.001 87

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(3) has received instruction in respect of aerodrome layout, routes, signs,
marking, lights, air traffic control (ATC) signals and instructions,
phraseology and procedures;

(4) is able to conform to the operational standards required for safe


aeroplane movement at the aerodrome.

CAT.GEN.MPA.130 Rotor engagement helicopters


A helicopter rotor shall only be turned under power for the purpose of flight with
a qualified pilot at the controls.

CAT.GEN.MPA.135 Admission to the flight crew compartment


(a) The operator shall ensure that no person, other than a flight crew member
assigned to a flight, is admitted to, or carried in, the flight crew
compartment unless that person is:

(1) an operating crew member;

(2) a representative of the competent or inspecting authority, if required to


be there for the performance of his/her official duties; or

(3) permitted by and carried in accordance with instructions contained in


the operations manual.

(b) The commander shall ensure that:

(1) admission to the flight crew compartment does not cause distraction or
interference with the operation of the flight; and

(2) all persons carried in the flight crew compartment are made familiar
with the relevant safety procedures.

(c) The commander shall make the final decision regarding the admission to the
flight crew compartment.

CAT.GEN.MPA.140 Portable electronic devices


The operator shall not permit any person to use a portable electronic
device (PED) on board an aircraft that could adversely affect the performance
of the aircrafts systems and equipment, and shall take all reasonable measures to
prevent such use.

CAT.GEN.MPA.145 Information on emergency and survival equipment


carried
The operator shall at all times have available for immediate communication to
rescue coordination centres (RCCs) lists containing information on the
emergency and survival equipment carried on board any of their aircraft.

CAT.GEN.MPA.150 Ditching aeroplanes


The operator shall only operate an aeroplane with a passenger seating
configuration of more than 30 on overwater flights at a distance from land
suitable for making an emergency landing, greater than 120 minutes at
cruising speed, or 400 NM, whichever is less, if the aeroplane complies with
the ditching provisions prescribed in the applicable airworthiness code.

CAT.GEN.MPA.155 Carriage of weapons of war and munitions of war


(a) The operator shall only transport weapons of war or munitions of war by air
if an approval to do so has been granted by all States whose airspace is
intended to be used for the flight.
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(b) Where an approval has been granted, the operator shall ensure that weapons
of war and munitions of war are:

(1) stowed in the aircraft in a place that is inaccessible to passengers


during flight; and

(2) in the case of firearms, unloaded.

(c) The operator shall ensure that, before a flight begins, the commander is
notified of the details and location on board the aircraft of any weapons
of war and munitions of war intended to be carried.

CAT.GEN.MPA.160 Carriage of sporting weapons and ammunition


(a) The operator shall take all reasonable measures to ensure that any sporting
weapons intended to be carried by air are reported to the operator.

(b) The operator accepting the carriage of sporting weapons shall ensure that
they are:

(1) stowed in the aircraft in a place that is inaccessible to passengers


during flight; and

(2) in the case of firearms or other weapons that can contain ammunition,
unloaded.

(c) Ammunition for sporting weapons may be carried in passengers checked


baggage, subject to certain limitations, in accordance with the technical
instructions.

CAT.GEN.MPA.161 Carriage of sporting weapons and ammunition


alleviations
Notwithstanding CAT.GEN.MPA.160(b), for helicopters with a maximum
certified take-off mass (MCTOM) of 3 175 kg or less operated by day and
over routes navigated by reference to visual landmarks, a sporting weapon
may be carried in a place that is accessible during flight, provided that the
operator has established appropriate procedures and it is impracticable to stow
it in an inaccessible stowage during flight.

CAT.GEN.MPA.165 Method of carriage of persons


The operator shall take all measures to ensure that no person is in any part of an
aircraft in flight that is not designed for the accommodation of persons unless
temporary access has been granted by the commander:

(a) for the purpose of taking action necessary for the safety of the aircraft or of
any person, animal or goods therein; or

(b) to a part of the aircraft in which cargo or supplies are carried, being a part
that is designed to enable a person to have access thereto while the aircraft
is in flight.

CAT.GEN.MPA.170 Alcohol and drugs


The operator shall take all reasonable measures to ensure that no person enters or
is in an aircraft when under the influence of alcohol or drugs to the extent that
the safety of the aircraft or its occupants is likely to be endangered.
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CAT.GEN.MPA.175 Endangering safety
The operator shall take all reasonable measures to ensure that no person reck
lessly or negligently acts or omits to act so as to:

(a) endanger an aircraft or person therein; or

(b) cause or permit an aircraft to endanger any person or property.

CAT.GEN.MPA.180 Documents, manuals and information to be carried


(a) The following documents, manuals and information shall be carried on each
flight, as originals or copies unless otherwise specified:

(1) the aircraft flight manual (AFM), or equivalent document(s);

(2) the original certificate of registration;

(3) the original certificate of airworthiness (CofA);

(4) the noise certificate, including an English translation, where one has
been provided by the authority responsible for issuing the noise
certificate;

(5) a certified true copy of the air operator certificate (AOC);

(6) the operations specifications relevant to the aircraft type, issued with
the AOC;

(7) the original aircraft radio licence, if applicable;

(8) the third party liability insurance certificate(s);

(9) the journey log, or equivalent, for the aircraft;

(10) the aircraft technical log, in accordance with Annex I (Part-M) to


Regulation (EC) No 2042/2003;

(11) details of the filed ATS flight plan, if applicable;

(12) current and suitable aeronautical charts for the route of the proposed
flight and all routes along which it is reasonable to expect that the
flight may be diverted;

(13) procedures and visual signals information for use by intercepting and
intercepted aircraft;

(14) information concerning search and rescue services for the area of the
intended flight, which shall be easily accessible in the flight crew
compartment;

(15) the current parts of the operations manual that are relevant to the duties
of the crew members, which shall be easily accessible to the crew
members;

(16) the MEL;

(17) appropriate notices to airmen (NOTAMs) and aeronautical information


service (AIS) briefing documentation;

(18) appropriate meteorological information;

(19) cargo and/or passenger manifests, if applicable;

(20) mass and balance documentation;

(21) the operational flight plan, if applicable;


2012R0965 EN 25.08.2013 001.001 90

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(22) notification of special categories of passenger (SCPs) and special loads,
if applicable; and

(23) any other documentation that may be pertinent to the flight or is


required by the States concerned with the flight.

(b) Notwithstanding (a), for operations under visual flight rules (VFR) by day
with other-than-complex motor-powered aircraft taking off and landing at
the same aerodrome or operating site within 24 hours, or remaining within a
local area specified in the operations manual, the following documents and
information may be retained at the aerodrome or operating site instead:

(1) noise certificate;

(2) aircraft radio licence;

(3) journey log, or equivalent;

(4) aircraft technical log;

(5) NOTAMs and AIS briefing documentation;

(6) meteorological information;

(7) notification of SCPs and special loads, if applicable; and

(8) mass and balance documentation.

(c) Notwithstanding (a), in case of loss or theft of documents specified in (a)(2)


to (a)(8), the operation may continue until the flight reaches its destination
or a place where replacement documents can be provided.

CAT.GEN.MPA.185 Information to be retained on the ground


(a) The operator shall ensure that at least for the duration of each flight or series
of flights:

(1) information relevant to the flight and appropriate for the type of
operation is preserved on the ground;

(2) the information is retained until it has been duplicated at the place at
which it will be stored; or, if this is impracticable

(3) the same information is carried in a fireproof container in the aircraft.

(b) The information referred to in (a) includes:

(1) a copy of the operational flight plan, where appropriate;

(2) copies of the relevant part(s) of the aircraft technical log;

(3) route-specific NOTAM documentation if specifically edited by the


operator;

(4) mass and balance documentation if required; and

(5) special loads notification.

CAT.GEN.MPA.190 Provision of documentation and records


The commander shall, within a reasonable time of being requested to do so by a
person authorised by an authority, provide to that person the documentation
required to be carried on board.

CAT.GEN.MPA.195 Preservation, production and use of flight recorder


recordings
(a) Following an accident or an incident that is subject to mandatory reporting,
the operator of an aircraft shall preserve the original recorded data for a
period of 60 days unless otherwise directed by the investigating authority.
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(b) The operator shall conduct operational checks and evaluations of flight data
recorder (FDR) recordings, cockpit voice recorder (CVR) recordings and
data link recordings to ensure the continued serviceability of the recorders.

(c) The operator shall save the recordings for the period of operating time of the
FDR as required by CAT.IDE.A.190 or CAT.IDE.H.190, except that, for the
purpose of testing and maintaining the FDR, up to one hour of the oldest
recorded material at the time of testing may be erased.

(d) The operator shall keep and maintain up-to-date documentation that presents
the necessary information to convert FDR raw data into parameters
expressed in engineering units.

(e) The operator shall make available any flight recorder recording that has
been preserved, if so determined by the competent authority.

(f) Without prejudice to Regulation (EU) No 996/2010 of the European


Parliament and of the Council (1):

(1) CVR recordings shall only be used for purposes other than for the
investigation of an accident or an incident subject to mandatory
reporting, if all crew members and maintenance personnel concerned
consent.

(2) FDR recordings or data link recordings shall only be used for purposes
other than for the investigation of an accident or an incident which is
subject to mandatory reporting, if such records are:

(i) used by the operator for airworthiness or maintenance purposes


only; or

(ii) de-identified; or

(iii) disclosed under secure procedures.

CAT.GEN.MPA.200 Transport of dangerous goods


(a) Unless otherwise permitted by this Annex, the transport of dangerous goods
by air shall be conducted in accordance with Annex 18 to the Chicago
Convention as last amended and amplified by the Technical instructions
for the safe transport of dangerous goods by air (ICAO Doc 9284-AN/905),
including its supplements and any other addenda or corrigenda.

(b) Dangerous goods shall only be transported by an operator approved in


accordance with Annex V (Part-SPA), Subpart G, except when:

(1) they are not subject to the technical instructions in accordance with Part
1 of those instructions; or

(2) they are carried by passengers or crew members, or are in baggage, in


accordance with Part 8 of the technical instructions.

(c) An operator shall establish procedures to ensure that all reasonable measures
are taken to prevent dangerous goods from being carried on board inadver
tently.

(d) The operator shall provide personnel with the necessary information
enabling them to carry out their responsibilities, as required by the
technical instructions.

(e) The operator shall, in accordance with the technical instructions, report
without delay to the competent authority and the appropriate authority of
the State of occurrence in the event of:

(1) any dangerous goods accidents or incidents;

(1) OJ L 295, 12.11.2010, p. 35.


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(2) the discovery of undeclared or misdeclared dangerous goods in cargo
or mail; or

(3) the finding of dangerous goods carried by passengers or crew members,


or in their baggage, when not in accordance with Part 8 of the technical
instructions.

(f) The operator shall ensure that passengers are provided with information
about dangerous goods in accordance with the technical instructions.

(g) The operator shall ensure that notices giving information about the transport
of dangerous goods are provided at acceptance points for cargo as required
by the technical instructions.

SUBPART B
OPERATING PROCEDURES
SECTION 1
Motor-powered aircraft
CAT.OP.MPA.100 Use of air traffic services
(a) The operator shall ensure that:

(1) air traffic services (ATS) appropriate to the airspace and the applicable
rules of the air are used for all flights whenever available;

(2) in-flight operational instructions involving a change to the ATS flight


plan, when practicable, are coordinated with the appropriate ATS unit
before transmission to an aircraft.

(b) Notwithstanding (a), the use of ATS is not required unless mandated by air
space requirements for:

(1) operations under VFR by day of other-than-complex motor-powered


aeroplanes;

(2) helicopters with an MCTOM of 3 175 kg or less operated by day and


over routes navigated by reference to visual landmarks; or

(3) local helicopter operations,

provided that search and rescue service arrangements can be maintained.

CAT.OP.MPA.105 Use of aerodromes and operating sites


(a) The operator shall only use aerodromes and operating sites that are adequate
for the type(s) of aircraft and operation(s) concerned.

(b) The use of operating sites shall only apply to:

(1) other-than-complex motor-powered aeroplanes; and

(2) helicopters.

CAT.OP.MPA.106 Use of isolated aerodromes aeroplanes


(a) Using an isolated aerodrome as destination aerodrome with aeroplanes
requires the prior approval by the competent authority.

(b) An isolated aerodrome is one for which the alternate and final fuel reserve
required to the nearest adequate destination alternate aerodrome is more
than:

(1) for aeroplanes with reciprocating engines, fuel to fly for 45 minutes
plus 15 % of the flying time planned to be spent at cruising level or
two hours, whichever is less; or
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(2) for aeroplanes with turbine engines, fuel to fly for two hours at normal
cruise consumption above the destination aerodrome, including final
reserve fuel.

CAT.OP.MPA.107 Adequate aerodrome


The operator shall consider an aerodrome as adequate if, at the expected time of
use, the aerodrome is available and equipped with necessary ancillary services
such as air traffic services (ATS), sufficient lighting, communications, weather
reporting, navigation aids and emergency services.

CAT.OP.MPA.110 Aerodrome operating minima


(a) The operator shall establish aerodrome operating minima for each departure,
destination or alternate aerodrome planned to be used. These minima shall
not be lower than those established for such aerodromes by the State in
which the aerodrome is located, except when specifically approved by that
State. Any increment specified by the competent authority shall be added to
the minima.

(b) The use of a head-up display (HUD), head-up guidance landing


system (HUDLS) or enhanced vision system (EVS) may allow operations
with lower visibilities than the established aerodrome operating minima if
approved in accordance with SPA.LVO.

(c) When establishing aerodrome operating minima, the operator shall take the
following into account:

(1) the type, performance and handling characteristics of the aircraft;

(2) the composition, competence and experience of the flight crew;

(3) the dimensions and characteristics of the runways/final approach and


take-off areas (FATOs) that may be selected for use;

(4) the adequacy and performance of the available visual and non-visual
ground aids;

(5) the equipment available on the aircraft for the purpose of navigation
and/or control of the flight path during the take-off, the approach, the
flare, the landing, rollout and the missed approach;

(6) for the determination of obstacle clearance, the obstacles in the


approach, missed approach and the climb-out areas necessary for the
execution of contingency procedures;

(7) the obstacle clearance altitude/height for the instrument approach


procedures;

(8) the means to determine and report meteorological conditions; and

(9) the flight technique to be used during the final approach.

(d) The operator shall specify the method of determining aerodrome operating
minima in the operations manual.

(e) The minima for a specific approach and landing procedure shall only be
used if all the following conditions are met:

(1) the ground equipment shown on the chart required for the intended
procedure is operative;
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(2) the aircraft systems required for the type of approach are operative;

(3) the required aircraft performance criteria are met; and

(4) the crew is appropriately qualified.

CAT.OP.MPA.115 Approach flight technique aeroplanes


(a) All approaches shall be flown as stabilised approaches unless otherwise
approved by the competent authority for a particular approach to a particular
runway.

(b) Non-precision approaches


(1) The continuous descent final approach (CDFA) technique shall be used
for all non-precision approaches.

(2) Notwithstanding (1), another approach flight technique may be used for
a particular approach/runway combination if approved by the
competent authority. In such cases, the applicable minimum runway
visual range (RVR):

(i) shall be increased by 200 m for category A and B aeroplanes and


by 400 m for category C and D aeroplanes; or

(ii) for aerodromes where there is a public interest to maintain current


operations and the CDFA technique cannot be applied, shall be
established and regularly reviewed by the competent authority
taking into account the operators experience, training programme
and flight crew qualification.

CAT.OP.MPA.120 Airborne radar approaches (ARAs) for overwater oper


ations helicopters
(a) An ARA shall only be undertaken if:

(1) the radar provides course guidance to ensure obstacle clearance; and

(2) either:

(i) the minimum descent height (MDH) is determined from a radio


altimeter; or

(ii) the minimum descent altitude (MDA) plus an adequate margin is


applied.

(b) ARAs to rigs or vessels under way shall only be conducted in multi-crew
operations.

(c) The decision range shall provide adequate obstacle clearance in the missed
approach from any destination for which an ARA is planned.

(d) The approach shall only be continued beyond decision range or below
MDA/H when visual reference with the destination has been established.

(e) For single-pilot operations, appropriate increments shall be added to the


MDA/H and decision range.

CAT.OP.MPA.125 Instrument departure and approach procedures


(a) The operator shall ensure that instrument departure and approach procedures
established by the State of the aerodrome are used.

(b) Notwithstanding (a), the commander may accept an ATC clearance to


deviate from a published departure or arrival route, provided obstacle
clearance criteria are observed and full account is taken of the operating
conditions. In any case, the final approach shall be flown visually or in
accordance with the established instrument approach procedures.
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(c) Notwithstanding (a), the operator may use procedures other than those
referred to in (a) provided they have been approved by the State in which
the aerodrome is located and are specified in the operations manual.

CAT.OP.MPA.130 Noise abatement procedures aeroplanes


(a) Except for VFR operations of other-than-complex motor-powered aero
planes, the operator shall establish appropriate operating departure and
arrival/approach procedures for each aeroplane type taking into account
the need to minimise the effect of aircraft noise.

(b) The procedures shall:

(1) ensure that safety has priority over noise abatement; and

(2) be simple and safe to operate with no significant increase in crew


workload during critical phases of flight.

CAT.OP.MPA.131 Noise abatement procedures helicopters


(a) The operator shall ensure that take-off and landing procedures take into
account the need to minimise the effect of helicopter noise.

(b) The procedures shall:

(1) ensure that safety has priority over noise abatement; and

(2) be simple and safe to operate with no significant increase in crew


workload during critical phases of flight.

CAT.OP.MPA.135 Routes and areas of operation general


(a) The operator shall ensure that operations are only conducted along routes, or
within areas, for which:

(1) ground facilities and services, including meteorological services,


adequate for the planned operation are provided;

(2) the performance of the aircraft is adequate to comply with minimum


flight altitude requirements;

(3) the equipment of the aircraft meets the minimum requirements for the
planned operation; and

(4) appropriate maps and charts are available.

(b) The operator shall ensure that operations are conducted in accordance with
any restriction on the routes or the areas of operation specified by the
competent authority.

(c) (a)(1) shall not apply to operations under VFR by day of other-than-
complex motor-powered aircraft on flights that depart from and arrive at
the same aerodrome or operating site.

CAT.OP.MPA.136 Routes and areas of operation single-engined aero


planes
The operator shall ensure that operations of single-engined aeroplanes are only
conducted along routes, or within areas, where surfaces are available that permit
a safe forced landing to be executed.
2012R0965 EN 25.08.2013 001.001 96

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CAT.OP.MPA.137 Routes and areas of operation helicopters
The operator shall ensure that:

(a) for helicopters operated in performance class 3, surfaces are available that
permit a safe forced landing to be executed, except when the helicopter has
an approval to operate in accordance with CAT.POL.H.420;

(b) for helicopters operated in performance class 3 and conducting coastal


transit operations, the operations manual contains procedures to ensure
that the width of the coastal corridor, and the equipment carried, is
consistent with the conditions prevailing at the time.

CAT.OP.MPA.140 Maximum distance from an adequate aerodrome for


two-engined aeroplanes without an ETOPS approval
(a) Unless approved by the competent authority in accordance with Annex V
(Part-SPA), Subpart F, the operator shall not operate a two-engined
aeroplane over a route that contains a point further from an adequate aero
drome, under standard conditions in still air, than:

(1) for performance class A aeroplanes with either:

(i) a maximum operational passenger seating configuration (MOPSC)


of 20 or more; or

(ii) a maximum take-off mass of 45 360 kg or more,

the distance flown in 60 minutes at the one-engine-inoperative (OEI)


cruising speed determined in accordance with (b);

(2) for performance class A aeroplanes with:

(i) an MOPSC of 19 or less; and

(ii) a maximum take-off mass less than 45 360 kg,

the distance flown in 120 minutes or, subject to approval by the


competent authority, up to 180 minutes for turbo-jet aeroplanes, at
the OEI cruise speed determined in accordance with (b);

(3) for performance class B or C aeroplanes:

(i) the distance flown in 120 minutes at the OEI cruise speed
determined in accordance with (b); or

(ii) 300 NM, whichever is less.

(b) The operator shall determine a speed for the calculation of the maximum
distance to an adequate aerodrome for each two-engined aeroplane type or
variant operated, not exceeding VMO (maximum operating speed) based
upon the true airspeed that the aeroplane can maintain with one engine
inoperative.

(c) The operator shall include the following data, specific to each type or
variant, in the operations manual:

(1) the determined OEI cruising speed; and

(2) the determined maximum distance from an adequate aerodrome.

(d) To obtain the approval referred to in (a)(2), the operator shall provide
evidence that:

(1) the aeroplane/engine combination holds an extended range operations


with two-engined aeroplanes (ETOPS) type design and reliability
approval for the intended operation;
2012R0965 EN 25.08.2013 001.001 97

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(2) a set of conditions has been implemented to ensure that the aeroplane
and its engines are maintained to meet the necessary reliability criteria;
and

(3) the flight crew and all other operations personnel involved are trained
and suitably qualified to conduct the intended operation.

CAT.OP.MPA.145 Establishment of minimum flight altitudes


(a) The operator shall establish for all route segments to be flown:

(1) minimum flight altitudes that provide the required terrain clearance,
taking into account the requirements of Subpart C; and

(2) a method for the flight crew to determine those altitudes.

(b) The method for establishing minimum flight altitudes shall be approved by
the competent authority.

(c) Where the minimum flight altitudes established by the operator and a State
overflown differ, the higher values shall apply.

CAT.OP.MPA.150 Fuel policy


(a) The operator shall establish a fuel policy for the purpose of flight planning
and in-flight replanning to ensure that every flight carries sufficient fuel for
the planned operation and reserves to cover deviations from the planned
operation. The fuel policy and any change to it require prior approval by the
competent authority.

(b) The operator shall ensure that the planning of flights is based upon at least:

(1) procedures contained in the operations manual and:

(i) data provided by the aircraft manufacturer; or

(ii) current aircraft-specific data derived from a fuel consumption


monitoring system;

and

(2) the operating conditions under which the flight is to be conducted


including:

(i) aircraft fuel consumption data;

(ii) anticipated masses;

(iii) expected meteorological conditions; and

(iv) air navigation services provider(s) procedures and restrictions.

(c) The operator shall ensure that the pre-flight calculation of usable fuel
required for a flight includes:

(1) taxi fuel;

(2) trip fuel;

(3) reserve fuel consisting of:

(i) contingency fuel;

(ii) alternate fuel, if a destination alternate aerodrome is required;

(iii) final reserve fuel; and


2012R0965 EN 25.08.2013 001.001 98

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(iv) additional fuel, if required by the type of operation;

and

(4) extra fuel if required by the commander.

(d) The operator shall ensure that in-flight replanning procedures for calculating
usable fuel required when a flight has to proceed along a route or to a
destination aerodrome other than originally planned includes:

(1) trip fuel for the remainder of the flight; and

(2) reserve fuel consisting of:

(i) contingency fuel;

(ii) alternate fuel, if a destination alternate aerodrome is required;

(iii) final reserve fuel; and

(iv) additional fuel, if required by the type of operation;

and

(3) extra fuel if required by the commander.

CAT.OP.MPA.151 Fuel policy alleviations


(a) Notwithstanding CAT.OP.MPA.150(b) to (d), for operations of performance
class B aeroplanes the operator shall ensure that the pre-flight calculation of
usable fuel required for a flight includes:

(i) taxi fuel, if significant;

(ii) trip fuel;

(iii) reserve fuel, consisting of:

(A) contingency fuel that is not less than 5 % of the planned trip fuel
or, in the event of in-flight replanning, 5 % of the trip fuel for the
remainder of the flight; and

(B) final reserve fuel to fly for an additional period of 45 minutes for
reciprocating engines or 30 minutes for turbine engines;

(iv) alternate fuel to reach the destination alternate aerodrome via the desti
nation, if a destination alternate aerodrome is required; and

(v) extra fuel, if specified by the commander.

(b) Notwithstanding CAT.OP.MPA.150(b) to (d), for helicopters with an


MCTOM of 3 175 kg or less, by day and over routes navigated by
reference to visual landmarks or local helicopter operations, the fuel
policy shall ensure that, on completion of the flight, or series of flights
the final reserve fuel is not less than an amount sufficient for:

(1) 30 minutes flying time at normal cruising speed; or

(2) 20 minutes flying time at normal cruising speed when operating within
an area providing continuous and suitable precautionary landing sites.
2012R0965 EN 25.08.2013 001.001 99

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CAT.OP.MPA.155 Carriage of special categories of passengers (SCPs)
(a) Persons requiring special conditions, assistance and/or devices when carried
on a flight shall be considered as SCPs including at least:

(1) persons with reduced mobility (PRMs) who, without prejudice to


Regulation (EC) No 1107/2006, are understood to be any person
whose mobility is reduced due to any physical disability, sensory or
locomotory, permanent or temporary, intellectual disability or
impairment, any other cause of disability, or age;

(2) infants and unaccompanied children; and

(3) deportees, inadmissible passengers or prisoners in custody.

(b) SCPs shall be carried under conditions that ensure the safety of the aircraft
and its occupants according to procedures established by the operator.

(c) SCPs shall not be allocated, nor occupy, seats that permit direct access to
emergency exits or where their presence could:

(1) impede crew members in their duties;

(2) obstruct access to emergency equipment; or

(3) impede the emergency evacuation of the aircraft.

(d) The commander shall be notified in advance when SCPs are to be carried on
board.

CAT.OP.MPA.160 Stowage of baggage and cargo


The operator shall establish procedures to ensure that:

(a) only hand baggage that can be adequately and securely stowed is taken into
the passenger compartment; and

(b) all baggage and cargo on board that might cause injury or damage, or
obstruct aisles and exits if displaced, is stowed so as to prevent movement.

CAT.OP.MPA.165 Passenger seating


The operator shall establish procedures to ensure that passengers are seated
where, in the event that an emergency evacuation is required, they are able to
assist and not hinder evacuation of the aircraft.

CAT.OP.MPA.170 Passenger briefing


The operator shall ensure that passengers are:

(a) given briefings and demonstrations relating to safety in a form that


facilitates the application of the procedures applicable in the event of an
emergency; and

(b) provided with a safety briefing card on which picture-type instructions


indicate the operation of emergency equipment and exits likely to be used
by passengers.

CAT.OP.MPA.175 Flight preparation


(a) An operational flight plan shall be completed for each intended flight based
on considerations of aircraft performance, other operating limitations and
relevant expected conditions on the route to be followed and at the aero
dromes/operating sites concerned.
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(b) The flight shall not be commenced unless the commander is satisfied that:

(1) all items stipulated in 2.a.3 of Annex IV to Regulation (EC)


No 216/2008 concerning the airworthiness and registration of the
aircraft, instrument and equipment, mass and centre of gravity (CG)
location, baggage and cargo and aircraft operating limitations can be
complied with;

(2) the aircraft is not operated contrary to the provisions of the


configuration deviation list (CDL);

(3) the parts of the operations manual that are required for the conduct of
the flight are available;

(4) the documents, additional information and forms required to be


available by CAT.GEN.MPA.180 are on board;

(5) current maps, charts and associated documentation or equivalent data


are available to cover the intended operation of the aircraft including
any diversion that may reasonably be expected;

(6) ground facilities and services required for the planned flight are
available and adequate;

(7) the provisions specified in the operations manual in respect of fuel, oil,
oxygen, minimum safe altitudes, aerodrome operating minima and
availability of alternate aerodromes, where required, can be complied
with for the planned flight; and

(8) any additional operational limitation can be complied with.

(c) Notwithstanding (a), an operational flight plan is not required for operations
under VFR of:

(1) other-than-complex motor-powered aeroplane taking off and landing at


the same aerodrome or operating site; or

(2) helicopters with an MCTOM of 3 175 kg or less, by day and over


routes navigated by reference to visual landmarks in a local area as
specified in the operations manual.

CAT.OP.MPA.180 Selection of aerodromes aeroplanes


(a) Where it is not possible to use the departure aerodrome as a take-off
alternate aerodrome due to meteorological or performance reasons, the
operator shall select another adequate take-off alternate aerodrome that is
no further from the departure aerodrome than:

(1) for two-engined aeroplanes:

(i) one hour flying time at an OEI cruising speed according to the
AFM in still air standard conditions based on the actual take-off
mass; or

(ii) the ETOPS diversion time approved in accordance with Annex V


(Part-SPA), Subpart F, subject to any MEL restriction, up to a
maximum of two hours, at the OEI cruising speed according to
the AFM in still air standard conditions based on the actual
take-off mass;

(2) for three and four-engined aeroplanes, two hours flying time at the OEI
cruising speed according to the AFM in still air standard conditions
based on the actual take-off mass.
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If the AFM does not contain an OEI cruising speed, the speed to be used for
calculation shall be that which is achieved with the remaining engine(s) set
at maximum continuous power.

(b) The operator shall select at least one destination alternate aerodrome for
each instrument flight rules (IFR) flight unless the destination aerodrome
is an isolated aerodrome or:

(1) the duration of the planned flight from take-off to landing or, in the
event of in-flight replanning in accordance with CAT.OP.MPA.150(d),
the remaining flying time to destination does not exceed six hours; and

(2) two separate runways are available and usable at the destination
aerodrome and the appropriate weather reports and/or forecasts for
the destination aerodrome indicate that, for the period from one hour
before until one hour after the expected time of arrival at the desti
nation aerodrome, the ceiling will be at least 2 000 ft or circling height
+ 500 ft, whichever is greater, and the ground visibility will be at least
5 km.

(c) The operator shall select two destination alternate aerodromes when:

(1) the appropriate weather reports and/or forecasts for the destination
aerodrome indicate that during a period commencing one hour before
and ending one hour after the estimated time of arrival, the weather
conditions will be below the applicable planning minima; or

(2) no meteorological information is available.

(d) The operator shall specify any required alternate aerodrome(s) in the oper
ational flight plan.

CAT.OP.MPA.181 Selection of aerodromes and operating sites heli


copters
(a) For flights under instrument meteorological conditions (IMC), the
commander shall select a take-off alternate aerodrome within one hour
flying time at normal cruising speed if it would not be possible to return
to the site of departure due to meteorological reasons.

(b) For IFR flights or when flying under VFR and navigating by means other
than by reference to visual landmarks, the commander shall specify at least
one destination alternate aerodrome in the operational flight plan unless:

(1) the destination is a coastal aerodrome and the helicopter is routing from
offshore;

(2) for a flight to any other land destination, the duration of the flight and
the meteorological conditions prevailing are such that, at the estimated
time of arrival at the site of intended landing, an approach and landing
is possible under visual meteorological conditions (VMC); or

(3) the site of intended landing is isolated and no alternate is available; in


this case, a point of no return (PNR) shall be determined.

(c) The operator shall select two destination alternate aerodromes when:

(1) the appropriate weather reports and/or forecasts for the destination
aerodrome indicate that during a period commencing one hour before
and ending one hour after the estimated time of arrival, the weather
conditions will be below the applicable planning minima; or
2012R0965 EN 25.08.2013 001.001 102

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(2) no meteorological information is available for the destination aero
drome.

(d) The operator may select off-shore destination alternate aerodromes when the
following criteria are applied:

(1) an off-shore destination alternate aerodrome shall be used only after a


PNR. Prior to the PNR, on-shore alternate aerodromes shall be used;

(2) OEI landing capability shall be attainable at the alternate aerodrome;

(3) to the extent possible, deck availability shall be guaranteed. The dimen
sions, configuration and obstacle clearance of individual helidecks or
other sites shall be assessed in order to establish operational suitability
for use as an alternate aerodrome by each helicopter type proposed to
be used;

(4) weather minima shall be established taking accuracy and reliability of


meteorological information into account;

(5) the MEL shall contain specific provisions for this type of operation;
and

(6) an off-shore alternate aerodrome shall only be selected if the operator


has established a procedure in the operations manual.

(e) The operator shall specify any required alternate aerodrome(s) in the oper
ational flight plan.

CAT.OP.MPA.185 Planning minima for IFR flights aeroplanes


(a) Planning minima for a take-off alternate aerodrome
The operator shall only select an aerodrome as a take-off alternate
aerodrome when the appropriate weather reports and/or forecasts indicate
that, during a period commencing one hour before and ending one hour
after the estimated time of arrival at the aerodrome, the weather conditions
will be at or above the applicable landing minima specified in accordance
with CAT.OP.MPA.110. The ceiling shall be taken into account when the
only approach operations available are non-precision approaches (NPA)
and/or circling operations. Any limitation related to OEI operations shall
be taken into account.

(b) Planning minima for a destination aerodrome other than an isolated desti
nation aerodrome
The operator shall only select the destination aerodrome when:

(1) the appropriate weather reports and/or forecasts indicate that, during a
period commencing one hour before and ending one hour after the
estimated time of arrival at the aerodrome, the weather conditions
will be at or above the applicable planning minima as follows:

(i) RVR/visibility (VIS) specified in accordance with


CAT.OP.MPA.110; and

(ii) for an NPA or a circling operation, the ceiling at or above MDH;

or

(2) two destination alternate aerodromes are selected.


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(c) Planning minima for a destination alternate aerodrome, isolated aero
drome, fuel en-route alternate (fuel ERA) aerodrome, en-route
alternate (ERA) aerodrome
The operator shall only select an aerodrome for one of these purposes when
the appropriate weather reports and/or forecasts indicate that, during a period
commencing one hour before and ending one hour after the estimated time
of arrival at the aerodrome, the weather conditions will be at or above the
planning minima in Table 1.

Table 1
Planning minima
Destination alternate aerodrome, isolated destination aerodrome, fuel ERA
and ERA aerodrome

Type of approach Planning minima

CAT II and III CAT I RVR

CATI NPA RVR/VIS


Ceiling shall be at or above MDH

NPA NPA RVR/VIS + 1 000 m


Ceiling shall be at or above
MDH + 200 ft

Circling Circling

CAT.OP.MPA.186 Planning minima for IFR flights helicopters


(a) Planning minima for take-off alternate aerodrome(s)
The operator shall only select an aerodrome or landing site as a take-off
alternate aerodrome when the appropriate weather reports and/or forecasts
indicate that, during a period commencing one hour before and ending
one hour after the estimated time of arrival at the take-off alternate aero
drome, the weather conditions will be at or above the applicable landing
minima specified in accordance with CAT.OP.MPA.110. The ceiling shall
be taken into account when the only approach operations available are NPA
operations. Any limitation related to OEI operations shall be taken into
account.

(b) Planning minima for destination aerodrome and destination alternate aero
drome(s)
The operator shall only select the destination and/or destination alternate
aerodrome(s) when the appropriate weather reports and/or forecasts indicate
that, during a period commencing one hour before and ending one hour
after the estimated time of arrival at the aerodrome or operating site, the
weather conditions will be at or above the applicable planning minima as
follows:

(1) except as provided in CAT.OP.MPA.181(d), planning minima for a


destination aerodrome shall be:

(i) RVR/VIS specified in accordance with CAT.OP.MPA.110; and

(ii) for NPA operations, the ceiling at or above MDH;


2012R0965 EN 25.08.2013 001.001 104

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(2) planning minima for destination alternate aerodrome(s) are as shown in
Table 1.

Table 1
Planning minima destination alternate aerodrome

Type of approach Planning minima

CAT II and III CAT I RVR

CAT I CAT I + 200 ft/400 m visibility

NPA NPA RVR/VIS + 400 m


Ceiling shall be at or above MDH + 200 ft

CAT.OP.MPA.190 Submission of the ATS flight plan


(a) If an ATS flight plan is not submitted because it is not required by the rules
of the air, adequate information shall be deposited in order to permit alerting
services to be activated if required.

(b) When operating from a site where it is impossible to submit an ATS flight
plan, the ATS flight plan shall be transmitted as soon as possible after
take-off by the commander or the operator.

CAT.OP.MPA.195 Refuelling/defuelling with passengers embarking, on


board or disembarking
(a) An aircraft shall not be refuelled/defuelled with Avgas (aviation gasoline) or
wide-cut type fuel or a mixture of these types of fuel, when passengers are
embarking, on board or disembarking.

(b) For all other types of fuel, necessary precautions shall be taken and the
aircraft shall be properly manned by qualified personnel ready to initiate and
direct an evacuation of the aircraft by the most practical and expeditious
means available.

CAT.OP.MPA.200 Refuelling/defuelling with wide-cut fuel


Refuelling/defuelling with wide-cut fuel shall only be conducted if the operator
has established appropriate procedures taking into account the high risk of using
wide-cut fuel types.

CAT.OP.MPA.205 Push back and towing aeroplanes


Push back and towing procedures specified by the operator shall be conducted in
accordance with established aviation standards and procedures.

CAT.OP.MPA.210 Crew members at stations


(a) Flight crew members
(1) During take-off and landing each flight crew member required to be on
duty in the flight crew compartment shall be at the assigned station.

(2) During all other phases of flight each flight crew member required to
be on duty in the flight crew compartment shall remain at the assigned
station, unless absence is necessary for the performance of duties in
connection with the operation or for physiological needs, provided at
least one suitably qualified pilot remains at the controls of the aircraft
at all times.
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(3) During all phases of flight each flight crew member required to be on
duty in the flight crew compartment shall remain alert. If a lack of
alertness is encountered, appropriate countermeasures shall be used. If
unexpected fatigue is experienced, a controlled rest procedure,
organised by the commander, may be used if workload permits.
Controlled rest taken in this way shall not be considered to be part
of a rest period for purposes of calculating flight time limitations nor
used to justify any extension of the duty period.

(b) Cabin crew members


During critical phases of flight, each cabin crew member shall be seated at
the assigned station and shall not perform any activities other than those
required for the safe operation of the aircraft.

CAT.OP.MPA.215 Use of headset aeroplanes


(a) Each flight crew member required to be on duty in the flight crew
compartment shall wear a headset with boom microphone or equivalent.
The headset shall be used as the primary device for voice communications
with ATS:

(1) when on the ground:

(i) when receiving the ATC departure clearance via voice communi
cation; and

(ii) when engines are running;

(2) when in flight:

(i) below transition altitude; or

(ii) 10 000 ft, whichever is higher;

and

(3) whenever deemed necessary by the commander.

(b) In the conditions of (a), the boom microphone or equivalent shall be in a


position that permits its use for two-way radio communications.

CAT.OP.MPA.216 Use of headset helicopters


Each flight crew member required to be on duty in the flight crew compartment
shall wear a headset with boom microphone, or equivalent, and use it as the
primary device to communicate with ATS.

CAT.OP.MPA.220 Assisting means for emergency evacuation


The operator shall establish procedures to ensure that before taxiing, take-off and
landing and when safe and practicable to do so, all means of assistance for
emergency evacuation that deploy automatically are armed.

CAT.OP.MPA.225 Seats, safety belts and restraint systems


(a) Crew members
(1) During take-off and landing, and whenever decided by the commander
in the interest of safety, each crew member shall be properly secured
by all safety belts and restraint systems provided.

(2) During other phases of the flight, each flight crew member in the flight
crew compartment shall keep the assigned station safety belt fastened
while at his/her station.
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(b) Passengers
(1) Before take-off and landing, and during taxiing, and whenever deemed
necessary in the interest of safety, the commander shall be satisfied that
each passenger on board occupies a seat or berth with his/her safety
belt or restraint system properly secured.

(2) The operator shall make provisions for multiple occupancy of aircraft
seats that is only allowed on specified seats. The commander shall be
satisfied that multiple occupancy does not occur other than by one
adult and one infant who is properly secured by a supplementary
loop belt or other restraint device.

CAT.OP.MPA.230 Securing of passenger compartment and galley(s)


(a) The operator shall establish procedures to ensure that before taxiing, take-off
and landing all exits and escape paths are unobstructed.

(b) The commander shall ensure that before take-off and landing, and whenever
deemed necessary in the interest of safety, all equipment and baggage are
properly secured.

CAT.OP.MPA.235 Life-jackets helicopters


The operator shall establish procedures to ensure that, when operating a heli
copter over water in performance class 3, account is taken of the duration of the
flight and conditions to be encountered when deciding if life-jackets are to be
worn by all occupants.

CAT.OP.MPA.240 Smoking on board


The commander shall not allow smoking on board:

(a) whenever considered necessary in the interest of safety;

(b) during refuelling and defuelling of the aircraft;

(c) while the aircraft is on the surface unless the operator has determined
procedures to mitigate the risks during ground operations;

(d) outside designated smoking areas, in the aisle(s) and lavatory(ies);

(e) in cargo compartments and/or other areas where cargo is carried that is not
stored in flame-resistant containers or covered by flame-resistant canvas; and

(f) in those areas of the passenger compartment where oxygen is being


supplied.

CAT.OP.MPA.245 Meteorological conditions all aircraft


(a) On IFR flights the commander shall only:

(1) commence take-off; or

(2) continue beyond the point from which a revised ATS flight plan
applies in the event of in-flight replanning,

when information is available indicating that the expected weather


conditions, at the time of arrival, at the destination and/or required
alternate aerodrome(s) are at or above the planning minima.

(b) On IFR flights, the commander shall only continue towards the planned
destination aerodrome when the latest information available indicates that,
at the expected time of arrival, the weather conditions at the destination, or
at least one destination alternate aerodrome, are at or above the applicable
aerodrome operating minima.
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(c) On VFR flights, the commander shall only commence take-off when the
appropriate weather reports and/or forecasts indicate that the meteorological
conditions along the part of the route to be flown under VFR will, at the
appropriate time, be at or above the VFR limits.

CAT.OP.MPA.246 Meteorological conditions aeroplanes


In addition to CAT.OP.MPA.245, on IFR flights with aeroplanes, the commander
shall only continue beyond:

(a) the decision point when using the reduced contingency fuel (RCF)
procedure; or

(b) the pre-determined point when using the pre-determined point (PDP)
procedure,

when information is available indicating that the expected weather conditions, at


the time of arrival, at the destination and/or required alternate aerodrome(s) are at
or above the applicable aerodrome operating minima.

CAT.OP.MPA.247 Meteorological conditions helicopters


In addition to CAT.OP.MPA.245:

(a) On VFR flights overwater out of sight of land with helicopters, the
commander shall only commence take-off when the appropriate weather
reports and/or forecasts indicate that the cloud ceiling will be above 600
ft by day or 1 200 ft by night.

(b) Notwithstanding (a), when flying between helidecks located in class G


airspace where the overwater sector is less than 10 NM, VFR flights may
be conducted when the limits are at, or better than, the following:

Table 1
Minima for flying between helidecks located in class G airspace

Day Night

Height (*) Visibility Height (*) Visibility

Single-pilot 300 ft 3 km 500 ft 5 km

Two pilots 300 ft 2 km (**) 500 ft 5 km (***)

(*) The cloud base shall be such as to allow flight at the specified height, below and
clear of cloud.
(**) Helicopters may be operated in flight visibility down to 800 m provided the
destination or an intermediate structure is continuously visible.
(***) Helicopters may be operated in flight visibility down to 1 500 m provided the
destination or an intermediate structure is continuously visible.

(c) Flight with helicopters to a helideck or elevated FATO shall only be


operated when the mean wind speed at the helideck or elevated FATO is
reported to be less than 60 kt.

CAT.OP.MPA.250 Ice and other contaminants ground procedures


(a) The operator shall establish procedures to be followed when ground de-icing
and anti-icing and related inspections of the aircraft are necessary to allow
the safe operation of the aircraft.
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(b) The commander shall only commence take-off if the aircraft is clear of any
deposit that might adversely affect the performance or controllability of the
aircraft, except as permitted under (a) and in accordance with the AFM.

CAT.OP.MPA.255 Ice and other contaminants flight procedures


(a) The operator shall establish procedures for flights in expected or actual icing
conditions.

(b) The commander shall only commence a flight or intentionally fly into
expected or actual icing conditions if the aircraft is certified and equipped
to cope with such conditions.

(c) If icing exceeds the intensity of icing for which the aircraft is certified or if
an aircraft not certified for flight in known icing conditions encounters icing,
the commander shall exit the icing conditions without delay, by a change of
level and/or route, if necessary by declaring an emergency to ATC.

CAT.OP.MPA.260 Fuel and oil supply


The commander shall only commence a flight or continue in the event of
in-flight replanning when satisfied that the aircraft carries at least the planned
amount of usable fuel and oil to complete the flight safely, taking into account
the expected operating conditions.

CAT.OP.MPA.265 Take-off conditions


Before commencing take-off, the commander shall be satisfied that:

(a) according to the information available to him/her, the weather at the


aerodrome or operating site and the condition of the runway or FATO
intended to be used would not prevent a safe take-off and departure; and

(b) established aerodrome operating minima will be complied with.

CAT.OP.MPA.270 Minimum flight altitudes


The commander or the pilot to whom conduct of the flight has been delegated
shall not fly below specified minimum altitudes except when:

(a) necessary for take-off or landing; or

(b) descending in accordance with procedures approved by the competent auth


ority.

CAT.OP.MPA.275 Simulated abnormal situations in flight


The operator shall ensure that when carrying passengers or cargo the following
are not simulated:

(a) abnormal or emergency situations that require the application of abnormal or


emergency procedures; or

(b) flight in IMC by artificial means.

CAT.OP.MPA.280 In-flight fuel management aeroplanes


The operator shall establish a procedure to ensure that in-flight fuel checks and
fuel management are carried out according to the following criteria.
2012R0965 EN 25.08.2013 001.001 109

B
(a) In-flight fuel checks
(1) The commander shall ensure that fuel checks are carried out in-flight at
regular intervals. The usable remaining fuel shall be recorded and
evaluated to:

(i) compare actual consumption with planned consumption;

(ii) check that the usable remaining fuel is sufficient to complete the
flight, in accordance with (b); and

(iii) determine the expected usable fuel remaining on arrival at the


destination aerodrome.

(2) The relevant fuel data shall be recorded.

(b) In-flight fuel management


(1) The flight shall be conducted so that the expected usable fuel
remaining on arrival at the destination aerodrome is not less than:

(i) the required alternate fuel plus final reserve fuel; or

(ii) the final reserve fuel if no alternate aerodrome is required.

(2) If an in-flight fuel check shows that the expected usable fuel remaining
on arrival at the destination aerodrome is less than:

(i) the required alternate fuel plus final reserve fuel, the commander
shall take into account the traffic and the operational conditions
prevailing at the destination aerodrome, at the destination alternate
aerodrome and at any other adequate aerodrome in deciding
whether to proceed to the destination aerodrome or to divert so
as to perform a safe landing with not less than final reserve fuel; or

(ii) the final reserve fuel if no alternate aerodrome is required, the


commander shall take appropriate action and proceed to an
adequate aerodrome so as to perform a safe landing with not less
than final reserve fuel.

(3) The commander shall declare an emergency when the calculated usable
fuel on landing, at the nearest adequate aerodrome where a safe landing
can be performed, is less than final reserve fuel.

(4) Additional conditions for specific procedures

(i) On a flight using the RCF procedure, to proceed to the destination


1 aerodrome, the commander shall ensure that the usable fuel
remaining at the decision point is at least the total of:

(A) trip fuel from the decision point to the destination 1 aero
drome;

(B) contingency fuel equal to 5 % of trip fuel from the decision


point to the destination 1 aerodrome;

(C) destination 1 aerodrome alternate fuel, if a destination 1


alternate aerodrome is required; and

(D) final reserve fuel.


2012R0965 EN 25.08.2013 001.001 110

B
(ii) On a flight using the PDP procedure to proceed to the destination
aerodrome, the commander shall ensure that the usable fuel
remaining at the PDP is at least the total of:

(A) trip fuel from the PDP to the destination aerodrome;

(B) contingency fuel from the PDP to the destination aerodrome;


and

(C) additional fuel.

CAT.OP.MPA.281 In-flight fuel management helicopters


(a) The operator shall establish a procedure to ensure that in-flight fuel checks
and fuel management are carried out.

(b) The commander shall ensure that the amount of usable fuel remaining in
flight is not less than the fuel required to proceed to an aerodrome or
operating site where a safe landing can be made, with final reserve fuel
remaining.

(c) The commander shall declare an emergency when the actual usable fuel on
board is less than final reserve fuel.

CAT.OP.MPA.285 Use of supplemental oxygen


The commander shall ensure that flight crew members engaged in performing
duties essential to the safe operation of an aircraft in flight use supplemental
oxygen continuously whenever the cabin altitude exceeds 10 000 ft for a period
of more than 30 minutes and whenever the cabin altitude exceeds 13 000 ft.

CAT.OP.MPA.290 Ground proximity detection


When undue proximity to the ground is detected by a flight crew member or by a
ground proximity warning system, the pilot flying shall take corrective action
immediately to establish safe flight conditions.

CAT.OP.MPA.295 Use of airborne collision avoidance system (ACAS)


The operator shall establish operational procedures and training programmes
when ACAS is installed and serviceable. When ACAS II is used, such
procedures and training shall be in accordance with Commission
Regulation (EU) No 1332/2011 (1).

CAT.OP.MPA.300 Approach and landing conditions


Before commencing an approach to land, the commander shall be satisfied that,
according to the information available to him/her, the weather at the aerodrome
and the condition of the runway or FATO intended to be used should not prevent
a safe approach, landing or missed approach, having regard to the performance
information contained in the operations manual.

CAT.OP.MPA.305 Commencement and continuation of approach


(a) The commander or the pilot to whom conduct of the flight has been
delegated may commence an instrument approach regardless of the
reported RVR/VIS.

(1) OJ L 336, 20.12.2011, p. 20.


2012R0965 EN 25.08.2013 001.001 111

B
(b) If the reported RVR/VIS is less than the applicable minimum the approach
shall not be continued:

(1) below 1 000 ft above the aerodrome; or

(2) into the final approach segment in the case where the DA/H or MDA/H
is more than 1 000 ft above the aerodrome.

(c) Where the RVR is not available, RVR values may be derived by converting
the reported visibility.

(d) If, after passing 1 000 ft above the aerodrome, the reported RVR/VIS falls
below the applicable minimum, the approach may be continued to DA/H or
MDA/H.

(e) The approach may be continued below DA/H or MDA/H and the landing
may be completed provided that the visual reference adequate for the type of
approach operation and for the intended runway is established at the DA/H
or MDA/H and is maintained.

(f) The touchdown zone RVR shall always be controlling. If reported and
relevant, the midpoint and stopend RVR shall also be controlling. The
minimum RVR value for the midpoint shall be 125 m or the RVR
required for the touchdown zone if less, and 75 m for the stopend. For
aircraft equipped with a rollout guidance or control system, the minimum
RVR value for the midpoint shall be 75 m.

CAT.OP.MPA.310 Operating procedures threshold crossing height


aeroplanes
The operator shall establish operational procedures designed to ensure that an
aeroplane conducting precision approaches crosses the threshold of the runway
by a safe margin, with the aeroplane in the landing configuration and attitude.

CAT.OP.MPA.315 Flight hours reporting helicopters


The operator shall make available to the competent authority the hours flown for
each helicopter operated during the previous calendar year.

CAT.OP.MPA.320 Aircraft categories


(a) Aircraft categories shall be based on the indicated airspeed at threshold
(VAT) which is equal to the stalling speed (VSO) multiplied by 1,3 or
one-g (gravity) stall speed (VS1g) multiplied by 1,23 in the landing
configuration at the maximum certified landing mass. If both VSO and
VS1g are available, the higher resulting VAT shall be used.

(b) The aircraft categories specified in the table below shall be used.

Table 1
Aircraft categories corresponding to VAT values

Aircraft category VAT

A Less than 91 kt

B From 91 to 120 kt

C From 121 to 140 kt

D From 141 to 165 kt

E From 166 to 210 kt


2012R0965 EN 25.08.2013 001.001 112

B
(c) The landing configuration that is to be taken into consideration shall be
specified in the operations manual.

(d) The operator may apply a lower landing mass for determining the VAT if
approved by the competent authority. Such a lower landing mass shall be a
permanent value, independent of the changing conditions of day-to-day
operations.

SUBPART C
AIRCRAFT PERFORMANCE AND OPERATING LIMITATIONS
SECTION 1
Aeroplanes
CHAPTER 1
General requirements
CAT.POL.A.100 Performance classes
(a) The aeroplane shall be operated in accordance with the applicable
performance class requirements.

(b) Where full compliance with the applicable requirements of this Section
cannot be shown due to specific design characteristics, the operator shall
apply approved performance standards that ensure a level of safety
equivalent to that of the appropriate chapter.

CAT.POL.A.105 General
(a) The mass of the aeroplane:

(1) at the start of the take-off; or

(2) in the event of in-flight replanning, at the point from which the revised
operational flight plan applies,

shall not be greater than the mass at which the requirements of the appro
priate chapter can be complied with for the flight to be undertaken.
Allowance may be made for expected reductions in mass as the flight
proceeds and for fuel jettisoning.

(b) The approved performance data contained in the AFM shall be used to
determine compliance with the requirements of the appropriate chapter,
supplemented as necessary with other data as prescribed in the relevant
chapter. The operator shall specify other data in the operations manual.
When applying the factors prescribed in the appropriate chapter, account
may be taken of any operational factors already incorporated in the AFM
performance data to avoid double application of factors.

(c) Due account shall be taken of aeroplane configuration, environmental


conditions and the operation of systems that have an adverse effect on
performance.

(d) For performance purposes, a damp runway, other than a grass runway, may
be considered to be dry.

(e) The operator shall take account of charting accuracy when assessing the
take-off requirements of the applicable chapters.
2012R0965 EN 25.08.2013 001.001 113

B
CHAPTER 2
Performance class A
CAT.POL.A.200 General
(a) The approved performance data in the AFM shall be supplemented as
necessary with other data if the approved performance data in the AFM is
insufficient in respect of items such as:

(1) accounting for reasonably expected adverse operating conditions such


as take-off and landing on contaminated runways; and

(2) consideration of engine failure in all flight phases.

(b) For wet and contaminated runways, performance data determined in


accordance with applicable standards on certification of large aeroplanes
or equivalent shall be used.

(c) The use of other data referred to in (a) and equivalent requirements referred
to in (b) shall be specified in the operations manual.

CAT.POL.A.205 Take-off
(a) The take-off mass shall not exceed the maximum take-off mass specified in
the AFM for the pressure altitude and the ambient temperature at the
aerodrome of departure.

(b) The following requirements shall be met when determining the maximum
permitted take-off mass:

(1) the accelerate-stop distance shall not exceed the accelerate-stop distance
available (ASDA);

(2) the take-off distance shall not exceed the take-off distance available,
with a clearway distance not exceeding half of the take-off run
available (TORA);

(3) the take-off run shall not exceed the TORA;

(4) a single value of V1 shall be used for the rejected and continued
take-off; and

(5) on a wet or contaminated runway, the take-off mass shall not exceed
that permitted for a take-off on a dry runway under the same
conditions.

(c) When showing compliance with (b), the following shall be taken into
account:

(1) the pressure altitude at the aerodrome;

(2) the ambient temperature at the aerodrome;

(3) the runway surface condition and the type of runway surface;

(4) the runway slope in the direction of take-off;

(5) not more than 50 % of the reported headwind component or not less
than 150 % of the reported tailwind component; and

(6) the loss, if any, of runway length due to alignment of the aeroplane
prior to take-off.
2012R0965 EN 25.08.2013 001.001 114

B
CAT.POL.A.210 Take-off obstacle clearance
(a) The net take-off flight path shall be determined in such a way that the
aeroplane clears all obstacles by a vertical distance of at least 35 ft or by
a horizontal distance of at least 90 m plus 0,125 D, where D is the
horizontal distance the aeroplane has travelled from the end of the
take-off distance available (TODA) or the end of the take-off distance if a
turn is scheduled before the end of the TODA. For aeroplanes with a
wingspan of less than 60 m, a horizontal obstacle clearance of half the
aeroplane wingspan plus 60 m, plus 0,125 D may be used.

(b) When showing compliance with (a):

(1) The following items shall be taken into account:

(i) the mass of the aeroplane at the commencement of the take-off


run;

(ii) the pressure altitude at the aerodrome;

(iii) the ambient temperature at the aerodrome; and

(iv) not more than 50 % of the reported headwind component or not


less than 150 % of the reported tailwind component.

(2) Track changes shall not be allowed up to the point at which the net
take-off flight path has achieved a height equal to one half the
wingspan but not less than 50 ft above the elevation of the end of
the TORA. Thereafter, up to a height of 400 ft it is assumed that the
aeroplane is banked by no more than 15. Above 400 ft height bank
angles greater than 15, but not more than 25 may be scheduled.

(3) Any part of the net take-off flight path in which the aeroplane is
banked by more than 15 shall clear all obstacles within the horizontal
distances specified in (a), (b)(6) and (b)(7) by a vertical distance of at
least 50 ft.

(4) Operations that apply increased bank angles of not more than 20
between 200 ft and 400 ft, or not more than 30 above 400 ft, shall
be carried out in accordance with CAT.POL.A.240.

(5) Adequate allowance shall be made for the effect of bank angle on
operating speeds and flight path including the distance increments
resulting from increased operating speeds.

(6) For cases where the intended flight path does not require track changes
of more than 15, the operator does not need to consider those
obstacles that have a lateral distance greater than:

(i) 300 m, if the pilot is able to maintain the required navigational


accuracy through the obstacle accountability area; or

(ii) 600 m, for flights under all other conditions.

(7) For cases where the intended flight path requires track changes of more
than 15, the operator does not need to consider those obstacles that
have a lateral distance greater than:

(i) 600 m, if the pilot is able to maintain the required navigational


accuracy through the obstacle accountability area; or

(ii) 900 m, for flights under all other conditions.


2012R0965 EN 25.08.2013 001.001 115

B
(c) The operator shall establish contingency procedures to satisfy the
requirements in (a) and (b) and to provide a safe route, avoiding obstacles,
to enable the aeroplane to either comply with the en-route requirements of
CAT.POL.A.215, or land at either the aerodrome of departure or at a take-
off alternate aerodrome.

CAT.POL.A.215 En-route one-engine-inoperative (OEI)


(a) The OEI en-route net flight path data shown in the AFM, appropriate to the
meteorological conditions expected for the flight, shall allow demonstration
of compliance with (b) or (c) at all points along the route. The net flight
path shall have a positive gradient at 1 500 ft above the aerodrome where
the landing is assumed to be made after engine failure. In meteorological
conditions requiring the operation of ice protection systems, the effect of
their use on the net flight path shall be taken into account.

(b) The gradient of the net flight path shall be positive at least 1 000 ft above all
terrain and obstructions along the route within 9,3 km (5 NM) on either side
of the intended track.

(c) The net flight path shall permit the aeroplane to continue flight from the
cruising altitude to an aerodrome where a landing can be made in
accordance with CAT.POL.A.225 or CAT.POL.A.230, as appropriate. The
net flight path shall clear vertically, by at least 2 000 ft, all terrain and
obstructions along the route within 9,3 km (5 NM) on either side of the
intended track in accordance with the following:

(1) the engine is assumed to fail at the most critical point along the route;

(2) account is taken of the effects of winds on the flight path;

(3) fuel jettisoning is permitted to an extent consistent with reaching the


aerodrome with the required fuel reserves, if a safe procedure is used;
and

(4) the aerodrome where the aeroplane is assumed to land after engine
failure shall meet the following criteria:

(i) the performance requirements at the expected landing mass are


met; and

(ii) weather reports and/or forecasts and field condition reports indicate
that a safe landing can be accomplished at the estimated time of
landing.

(d) The operator shall increase the width margins of (b) and (c) to 18,5 km (10
NM) if the navigational accuracy does not meet at least required navigation
performance 5 (RNP5).

CAT.POL.A.220 En-route aeroplanes with three or more engines, two


engines inoperative
(a) At no point along the intended track shall an aeroplane having three or more
engines be more than 90 minutes, at the all-engines long range cruising
speed at standard temperature in still air, away from an aerodrome at
which the performance requirements applicable at the expected landing
mass are met, unless it complies with (b) to (f).
2012R0965 EN 25.08.2013 001.001 116

B
(b) The two-engines-inoperative en-route net flight path data shall allow the
aeroplane to continue the flight, in the expected meteorological conditions,
from the point where two engines are assumed to fail simultaneously to an
aerodrome at which it is possible to land and come to a complete stop when
using the prescribed procedure for a landing with two engines inoperative.
The net flight path shall clear vertically, by at least 2 000 ft, all terrain and
obstructions along the route within 9,3 km (5 NM) on either side of the
intended track. At altitudes and in meteorological conditions requiring ice
protection systems to be operable, the effect of their use on the net flight
path data shall be taken into account. If the navigational accuracy does not
meet at least RNP5, the operator shall increase the width margin given
above to 18,5 km (10 NM).

(c) The two engines shall be assumed to fail at the most critical point of that
portion of the route where the aeroplane is more than 90 minutes, at the
all-engines long range cruising speed at standard temperature in still air,
away from an aerodrome at which the performance requirements applicable
at the expected landing mass are met.

(d) The net flight path shall have a positive gradient at 1 500 ft above the
aerodrome where the landing is assumed to be made after the failure of
two engines.

(e) Fuel jettisoning shall be permitted to an extent consistent with reaching the
aerodrome with the required fuel reserves, if a safe procedure is used.

(f) The expected mass of the aeroplane at the point where the two engines are
assumed to fail shall not be less than that which would include sufficient
fuel to proceed to an aerodrome where the landing is assumed to be made,
and to arrive there at least 1 500 ft directly over the landing area and
thereafter to fly level for 15 minutes.

CAT.POL.A.225 Landing destination and alternate aerodromes


(a) The landing mass of the aeroplane determined in accordance with
CAT.POL.A.105(a) shall not exceed the maximum landing mass specified
for the altitude and the ambient temperature expected for the estimated time
of landing at the destination aerodrome and alternate aerodrome.

CAT.POL.A.230 Landing dry runways


(a) The landing mass of the aeroplane determined in accordance with
CAT.POL.A.105(a) for the estimated time of landing at the destination
aerodrome and at any alternate aerodrome shall allow a full stop landing
from 50 ft above the threshold:

(1) for turbo-jet powered aeroplanes, within 60 % of the landing distance


available (LDA); and

(2) for turbo-propeller powered aeroplanes, within 70 % of the LDA.

(b) For steep approach operations, the operator shall use the landing distance
data factored in accordance with (a), based on a screen height of less than
60 ft, but not less than 35 ft, and shall comply with CAT.POL.A.245.

(c) For short landing operations, the operator shall use the landing distance data
factored in accordance with (a) and shall comply with CAT.POL.A.250.
2012R0965 EN 25.08.2013 001.001 117

B
(d) When determining the landing mass, the operator shall take the following
into account:

(1) the altitude at the aerodrome;

(2) not more than 50 % of the headwind component or not less than 150 %
of the tailwind component; and

(3) the runway slope in the direction of landing if greater than 2 %.

(e) For dispatching the aeroplane it shall be assumed that:

(1) the aeroplane will land on the most favourable runway, in still air; and

(2) the aeroplane will land on the runway most likely to be assigned,
considering the probable wind speed and direction, the ground
handling characteristics of the aeroplane and other conditions such as
landing aids and terrain.

(f) If the operator is unable to comply with (e)(1) for a destination aerodrome
having a single runway where a landing depends upon a specified wind
component, the aeroplane may be dispatched if two alternate aerodromes are
designated that permit full compliance with (a) to (e). Before commencing
an approach to land at the destination aerodrome, the commander shall
check that a landing can be made in full compliance with (a) to (d) and
CAT.POL.A.225.

(g) If the operator is unable to comply with (e)(2) for the destination aerodrome,
the aeroplane shall be only dispatched if an alternate aerodrome is
designated that allows full compliance with (a) to (e).

CAT.POL.A.235 Landing wet and contaminated runways


(a) When the appropriate weather reports and/or forecasts indicate that the
runway at the estimated time of arrival may be wet, the LDA shall be at
least 115 % of the required landing distance, determined in accordance with
CAT.POL.A.230.

(b) When the appropriate weather reports and/or forecasts indicate that the
runway at the estimated time of arrival may be contaminated, the LDA
shall be at least the landing distance determined in accordance with (a),
or at least 115 % of the landing distance determined in accordance with
approved contaminated landing distance data or equivalent, whichever is
greater. The operator shall specify in the operations manual if equivalent
landing distance data are to be applied.

(c) A landing distance on a wet runway shorter than that required by (a), but
not less than that required by CAT.POL.A.230(a), may be used if the AFM
includes specific additional information about landing distances on wet
runways.

(d) A landing distance on a specially prepared contaminated runway shorter


than that required by (b), but not less than that required by
CAT.POL.A.230(a), may be used if the AFM includes specific additional
information about landing distances on contaminated runways.
2012R0965 EN 25.08.2013 001.001 118

B
(e) For (b), (c) and (d), the criteria of CAT.POL.A.230 shall be applied accord
ingly, except that CAT.POL.A.230(a) shall not be applied to (b) above.

CAT.POL.A.240 Approval of operations with increased bank angles


(a) Operations with increased bank angles require prior approval by the
competent authority.

(b) To obtain the approval, the operator shall provide evidence that the
following conditions are met:

(1) the AFM contains approved data for the required increase of operating
speed and data to allow the construction of the flight path considering
the increased bank angles and speeds;

(2) visual guidance is available for navigation accuracy;

(3) weather minima and wind limitations are specified for each runway;
and

(4) the flight crew has obtained adequate knowledge of the route to be
flown and of the procedures to be used in accordance with
ORO.OPS.FC.

CAT.POL.A.245 Approval of steep approach operations


(a) Steep approach operations using glideslope angles of 4,5 or more and with
screen heights of less than 60 ft, but not less than 35 ft, require prior
approval by the competent authority.

(b) To obtain the approval, the operator shall provide evidence that the
following conditions are met:

(1) the AFM states the maximum approved glideslope angle, any other
limitations, normal, abnormal or emergency procedures for the steep
approach as well as amendments to the field length data when using
steep approach criteria;

(2) for each aerodrome at which steep approach operations are to be


conducted:

(i) a suitable glide path reference system comprising at least a visual


glide path indicating system shall be available;

(ii) weather minima shall be specified; and

(iii) the following items shall be taken into consideration:

(A) the obstacle situation;

(B) the type of glide path reference and runway guidance;

(C) the minimum visual reference to be required at decision


height (DH) and MDA;

(D) available airborne equipment;

(E) pilot qualification and special aerodrome familiarisation;

(F) AFM limitations and procedures; and

(G) missed approach criteria.


2012R0965 EN 25.08.2013 001.001 119

B
CAT.POL.A.250 Approval of short landing operations
(a) Short landing operations require prior approval by the competent authority.

(b) To obtain the approval, the operator shall provide evidence that the
following conditions are met:

(1) the distance used for the calculation of the permitted landing mass may
consist of the usable length of the declared safe area plus the declared
LDA;

(2) the State of the aerodrome has determined a public interest and oper
ational necessity for the operation, either due to the remoteness of the
aerodrome or to physical limitations relating to extending the runway;

(3) the vertical distance between the path of the pilots eye and the path of
the lowest part of the wheels, with the aeroplane established on the
normal glide path, does not exceed 3 m;

(4) RVR/VIS minimum shall not be less than 1 500 m and wind limitations
are specified in the operations manual;

(5) minimum pilot experience, training and special aerodrome familiar


isation requirements are specified and met;

(6) the crossing height over the beginning of the usable length of the
declared safe area is 50 ft;

(7) the use of the declared safe area is approved by the State of the aero
drome;

(8) the usable length of the declared safe area does not exceed 90 m;

(9) the width of the declared safe area is not less than twice the runway
width or twice the wing span, whichever is greater, centred on the
extended runway centre line;

(10) the declared safe area is clear of obstructions or depressions that would
endanger an aeroplane undershooting the runway and no mobile object
is permitted on the declared safe area while the runway is being used
for short landing operations;

(11) the slope of the declared safe area does not exceed 5 % upward nor
2 % downward in the direction of landing; and

(12) additional conditions, if specified by the competent authority, taking


into account aeroplane type characteristics, orographic characteristics in
the approach area, available approach aids and missed approach/balked
landing considerations.

CHAPTER 3
Performance class B
CAT.POL.A.300 General
(a) The operator shall not operate a single-engined aeroplane:

(1) at night; or

(2) in IMC except under special VFR.


2012R0965 EN 25.08.2013 001.001 120

B
(b) The operator shall treat two-engined aeroplanes that do not meet the climb
requirements of CAT.POL.A.340 as single-engined aeroplanes.

CAT.POL.A.305 Take-off
(a) The take-off mass shall not exceed the maximum take-off mass specified in
the AFM for the pressure altitude and the ambient temperature at the
aerodrome of departure.

(b) The unfactored take-off distance, specified in the AFM, shall not exceed:

(1) when multiplied by a factor of 1,25, the take-off run available (TORA);
or

(2) when stop way and/or clearway is available, the following:

(i) the TORA;

(ii) when multiplied by a factor of 1,15, the take-off distance


available (TODA); or

(iii) when multiplied by a factor of 1,3, the ASDA.

(c) When showing compliance with (b), the following shall be taken into
account:

(1) the mass of the aeroplane at the commencement of the take-off run;

(2) the pressure altitude at the aerodrome;

(3) the ambient temperature at the aerodrome;

(4) the runway surface condition and the type of runway surface;

(5) the runway slope in the direction of take-off; and

(6) not more than 50 % of the reported headwind component or not less
than 150 % of the reported tailwind component.

CAT.POL.A.310 Take-off obstacle clearance multi-engined aeroplanes


(a) The take-off flight path of aeroplanes with two or more engines shall be
determined in such a way that the aeroplane clears all obstacles by a vertical
distance of at least 50 ft, or by a horizontal distance of at least 90 m plus
0,125 D, where D is the horizontal distance travelled by the aeroplane
from the end of the TODA or the end of the take-off distance if a turn is
scheduled before the end of the TODA, except as provided in (b) and (c).
For aeroplanes with a wingspan of less than 60 m, a horizontal obstacle
clearance of half the aeroplane wingspan plus 60 m plus 0,125 D may be
used. It shall be assumed that:

(1) the take-off flight path begins at a height of 50 ft above the surface at
the end of the take-off distance required by CAT.POL.A.305(b) and
ends at a height of 1 500 ft above the surface;

(2) the aeroplane is not banked before the aeroplane has reached a height
of 50 ft above the surface, and thereafter the angle of bank does not
exceed 15;

(3) failure of the critical engine occurs at the point on the all engine
take-off flight path where visual reference for the purpose of
avoiding obstacles is expected to be lost;
2012R0965 EN 25.08.2013 001.001 121

B
(4) the gradient of the take-off flight path from 50 ft to the assumed engine
failure height is equal to the average all-engines gradient during climb
and transition to the en-route configuration, multiplied by a factor of
0,77; and

(5) the gradient of the take-off flight path from the height reached in
accordance with (a)(4) to the end of the take-off flight path is equal
to the OEI en-route climb gradient shown in the AFM.

(b) For cases where the intended flight path does not require track changes of
more than 15, the operator does not need to consider those obstacles that
have a lateral distance greater than:

(1) 300 m, if the flight is conducted under conditions allowing visual


course guidance navigation, or if navigational aids are available
enabling the pilot to maintain the intended flight path with the same
accuracy; or

(2) 600 m, for flights under all other conditions.

(c) For cases where the intended flight path requires track changes of more than
15, the operator does not need to consider those obstacles that have a
lateral distance greater than:

(1) 600 m, for flights under conditions allowing visual course guidance
navigation; or

(2) 900 m, for flights under all other conditions.

(d) When showing compliance with (a) to (c), the following shall be taken into
account:

(1) the mass of the aeroplane at the commencement of the take-off run;

(2) the pressure altitude at the aerodrome;

(3) the ambient temperature at the aerodrome; and

(4) not more than 50 % of the reported headwind component or not less
than 150 % of the reported tailwind component.

CAT.POL.A.315 En-route multi-engined aeroplanes


(a) The aeroplane, in the meteorological conditions expected for the flight and
in the event of the failure of one engine, with the remaining engines
operating within the maximum continuous power conditions specified,
shall be capable of continuing flight at or above the relevant minimum
altitudes for safe flight stated in the operations manual to a point of
1 000 ft above an aerodrome at which the performance requirements can
be met.

(b) It shall be assumed that, at the point of engine failure:

(1) the aeroplane is not flying at an altitude exceeding that at which the
rate of climb equals 300 ft per minute with all engines operating within
the maximum continuous power conditions specified; and

(2) the en-route gradient with OEI shall be the gross gradient of descent or
climb, as appropriate, respectively increased by a gradient of 0,5 %, or
decreased by a gradient of 0,5 %.

CAT.POL.A.320 En-route single-engined aeroplanes


(a) In the meteorological conditions expected for the flight, and in the event of
engine failure, the aeroplane shall be capable of reaching a place at which a
safe forced landing can be made.
2012R0965 EN 25.08.2013 001.001 122

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(b) It shall be assumed that, at the point of engine failure:

(1) the aeroplane is not flying at an altitude exceeding that at which the
rate of climb equals 300 ft per minute, with the engine operating within
the maximum continuous power conditions specified; and

(2) the en-route gradient is the gross gradient of descent increased by a


gradient of 0,5 %.

CAT.POL.A.325 Landing destination and alternate aerodromes


The landing mass of the aeroplane determined in accordance with
CAT.POL.A.105(a) shall not exceed the maximum landing mass specified for
the altitude and the ambient temperature expected at the estimated time of
landing at the destination aerodrome and alternate aerodrome.

CAT.POL.A.330 Landing dry runways


(a) The landing mass of the aeroplane determined in accordance with
CAT.POL.A.105(a) for the estimated time of landing at the destination
aerodrome and at any alternate aerodrome shall allow a full stop landing
from 50 ft above the threshold within 70 % of the LDA taking into account:

(1) the altitude at the aerodrome;

(2) not more than 50 % of the headwind component or not less than 150 %
of the tailwind component;

(3) the runway surface condition and the type of runway surface; and

(4) the runway slope in the direction of landing.

(b) For steep approach operations, the operator shall use landing distance data
factored in accordance with (a) based on a screen height of less than 60 ft,
but not less than 35 ft, and comply with CAT.POL.A.345.

(c) For short landing operations, the operator shall use landing distance data
factored in accordance with (a) and comply with CAT.POL.A.350.

(d) For dispatching the aeroplane in accordance with (a) to (c), it shall be
assumed that:

(1) the aeroplane will land on the most favourable runway, in still air; and

(2) the aeroplane will land on the runway most likely to be assigned
considering the probable wind speed and direction, the ground
handling characteristics of the aeroplane and other conditions such as
landing aids and terrain.

(e) If the operator is unable to comply with (d)(2) for the destination aero
drome, the aeroplane shall only be dispatched if an alternate aerodrome is
designated that permits full compliance with (a) to (d).

CAT.POL.A.335 Landing wet and contaminated runways


(a) When the appropriate weather reports and/or forecasts indicate that the
runway at the estimated time of arrival may be wet, the LDA shall be
equal to or exceed the required landing distance, determined in accordance
with CAT.POL.A.330, multiplied by a factor of 1,15.
2012R0965 EN 25.08.2013 001.001 123

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(b) When the appropriate weather reports and/or forecasts indicate that the
runway at the estimated time of arrival may be contaminated, the landing
distance shall not exceed the LDA. The operator shall specify in the oper
ations manual the landing distance data to be applied.

(c) A landing distance on a wet runway shorter than that required by (a), but
not less than that required by CAT.POL.A.330(a), may be used if the AFM
includes specific additional information about landing distances on wet
runways.

CAT.POL.A.340 Take-off and landing climb requirements


The operator of a two-engined aeroplane shall fulfil the following take-off and
landing climb requirements.

(a) Take-off climb


(1) All engines operating
(i) The steady gradient of climb after take-off shall be at least 4 %
with:

(A) take-off power on each engine;

(B) the landing gear extended, except that if the landing gear can
be retracted in not more than seven seconds, it may be
assumed to be retracted;

(C) the wing flaps in the take-off position(s); and

(D) a climb speed not less than the greater of 1,1 VMC (minimum
control speed on or near ground) and 1,2 VS1 (stall speed or
minimum steady flight speed in the landing configuration).

(2) OEI
(i) The steady gradient of climb at an altitude of 400 ft above the
take-off surface shall be measurably positive with:

(A) the critical engine inoperative and its propeller in the


minimum drag position;

(B) the remaining engine at take-off power;

(C) the landing gear retracted;

(D) the wing flaps in the take-off position(s); and

(E) a climb speed equal to that achieved at 50 ft.

(ii) The steady gradient of climb shall be not less than 0,75 % at an
altitude of 1 500 ft above the take-off surface with:

(A) the critical engine inoperative and its propeller in the


minimum drag position;

(B) the remaining engine at not more than maximum continuous


power;

(C) the landing gear retracted;

(D) the wing flaps retracted; and

(E) a climb speed not less than 1,2 VS1.


2012R0965 EN 25.08.2013 001.001 124

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(b) Landing climb
(1) All engines operating
(i) The steady gradient of climb shall be at least 2,5 % with:

(A) not more than the power or thrust that is available eight
seconds after initiation of movement of the power controls
from the minimum flight idle position;

(B) the landing gear extended;

(C) the wing flaps in the landing position; and

(D) a climb speed equal to VREF (reference landing speed).

(2) OEI
(i) The steady gradient of climb shall be not less than 0,75 % at an
altitude of 1 500 ft above the landing surface with:

(A) the critical engine inoperative and its propeller in the


minimum drag position;

(B) the remaining engine at not more than maximum continuous


power;

(C) the landing gear retracted;

(D) the wing flaps retracted; and

(E) a climb speed not less than 1,2 VS1.

CAT.POL.A.345 Approval of steep approach operations


(a) Steep approach operations using glideslope angles of 4,5 or more and with
screen heights of less than 60 ft, but not less than 35 ft, require prior
approval by the competent authority.

(b) To obtain the approval, the operator shall provide evidence that the
following conditions are met:

(1) the AFM states the maximum approved glideslope angle, any other
limitations, normal, abnormal or emergency procedures for the steep
approach as well as amendments to the field length data when using
steep approach criteria; and

(2) for each aerodrome at which steep approach operations are to be


conducted:

(i) a suitable glide path reference system, comprising at least a visual


glide path indicating system, is available;

(ii) weather minima are specified; and

(iii) the following items are taken into consideration:

(A) the obstacle situation;

(B) the type of glide path reference and runway guidance;

(C) the minimum visual reference to be required at DH and


MDA;

(D) available airborne equipment;

(E) pilot qualification and special aerodrome familiarisation;


2012R0965 EN 25.08.2013 001.001 125

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(F) AFM limitations and procedures; and

(G) missed approach criteria.

CAT.POL.A.350 Approval of short landing operations


(a) Short landing operations require prior approval by the competent authority.

(b) To obtain the approval, the operator shall provide evidence that the
following conditions are met:

(1) the distance used for the calculation of the permitted landing mass may
consist of the usable length of the declared safe area plus the declared
LDA;

(2) the use of the declared safe area is approved by the State of the aero
drome;

(3) the declared safe area is clear of obstructions or depressions that would
endanger an aeroplane undershooting the runway and no mobile object
is permitted on the declared safe area while the runway is being used
for short landing operations;

(4) the slope of the declared safe area does not exceed 5 % upward nor
2 % downward slope in the direction of landing;

(5) the usable length of the declared safe area does not exceed 90 m;

(6) the width of the declared safe area is not less than twice the runway
width, centred on the extended runway centreline;

(7) the crossing height over the beginning of the usable length of the
declared safe area is not less than 50 ft;

(8) weather minima are specified for each runway to be used and are not
less than the greater of VFR or NPA minima;

(9) pilot experience, training and special aerodrome familiarisation


requirements are specified and met;

(10) additional conditions, if specified by the competent authority, taking


into account the aeroplane type characteristics, orographic character
istics in the approach area, available approach aids and missed
approach/balked landing considerations.

CHAPTER 4
Performance class C
CAT.POL.A.400 Take-off
(a) The take-off mass shall not exceed the maximum take-off mass specified in
the AFM for the pressure altitude and the ambient temperature at the
aerodrome of departure.

(b) For aeroplanes that have take-off field length data contained in their AFM
that do not include engine failure accountability, the distance from the start
of the take-off roll required by the aeroplane to reach a height of 50 ft above
the surface with all engines operating within the maximum take-off power
conditions specified, when multiplied by a factor of either:

(1) 1,33 for aeroplanes having two engines;


2012R0965 EN 25.08.2013 001.001 126

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(2) 1,25 for aeroplanes having three engines; or

(3) 1,18 for aeroplanes having four engines,

shall not exceed the take-off run available (TORA) at the aerodrome at
which the take-off is to be made.

(c) For aeroplanes that have take-off field length data contained in their AFM
which accounts for engine failure, the following requirements shall be met
in accordance with the specifications in the AFM:

(1) the accelerate-stop distance shall not exceed the ASDA;

(2) the take-off distance shall not exceed the take-off distance
available (TODA), with a clearway distance not exceeding half of
the TORA;

(3) the take-off run shall not exceed the TORA;

(4) a single value of V1 for the rejected and continued take-off shall be
used; and

(5) on a wet or contaminated runway the take-off mass shall not exceed
that permitted for a take-off on a dry runway under the same
conditions.

(d) The following shall be taken into account:

(1) the pressure altitude at the aerodrome;

(2) the ambient temperature at the aerodrome;

(3) the runway surface condition and the type of runway surface;

(4) the runway slope in the direction of take-off;

(5) not more that 50 % of the reported headwind component or not less
than 150 % of the reported tailwind component; and

(6) the loss, if any, of runway length due to alignment of the aeroplane
prior to take-off.

CAT.POL.A.405 Take-off obstacle clearance


(a) The take-off flight path with OEI shall be determined such that the
aeroplane clears all obstacles by a vertical distance of at least 50 ft plus
0,01 D, or by a horizontal distance of at least 90 m plus 0,125 D, where
D is the horizontal distance the aeroplane has travelled from the end of the
TODA. For aeroplanes with a wingspan of less than 60 m, a horizontal
obstacle clearance of half the aeroplane wingspan plus 60 m plus 0,125 D
may be used.

(b) The take-off flight path shall begin at a height of 50 ft above the surface at
the end of the take-off distance required by CAT.POL.A.405(b) or (c), as
applicable, and end at a height of 1 500 ft above the surface.

(c) When showing compliance with (a), the following shall be taken into
account:

(1) the mass of the aeroplane at the commencement of the take-off run;

(2) the pressure altitude at the aerodrome;

(3) the ambient temperature at the aerodrome; and

(4) not more than 50 % of the reported headwind component or not less
than 150 % of the reported tailwind component.
2012R0965 EN 25.08.2013 001.001 127

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(d) Track changes shall not be allowed up to that point of the take-off flight
path where a height of 50 ft above the surface has been achieved. There
after, up to a height of 400 ft it is assumed that the aeroplane is banked by
no more than 15. Above 400 ft height bank angles greater than 15, but not
more than 25, may be scheduled. Adequate allowance shall be made for the
effect of bank angle on operating speeds and flight path, including the
distance increments resulting from increased operating speeds.

(e) For cases that do not require track changes of more than 15, the operator
does not need to consider those obstacles that have a lateral distance greater
than:

(1) 300 m, if the pilot is able to maintain the required navigational


accuracy through the obstacle accountability area; or

(2) 600 m, for flights under all other conditions.

(f) For cases that do require track changes of more than 15, the operator does
not need to consider those obstacles that have a lateral distance greater than:

(1) 600 m, if the pilot is able to maintain the required navigational


accuracy through the obstacle accountability area; or

(2) 900 m, for flights under all other conditions.

(g) The operator shall establish contingency procedures to satisfy (a) to (f) and
to provide a safe route, avoiding obstacles, to enable the aeroplane to either
comply with the en-route requirements of CAT.POL.A.410, or land at either
the aerodrome of departure or at a take-off alternate aerodrome.

CAT.POL.A.410 En-route all engines operating


(a) In the meteorological conditions expected for the flight, at any point on its
route or on any planned diversion therefrom, the aeroplane shall be capable
of a rate of climb of at least 300 ft per minute with all engines operating
within the maximum continuous power conditions specified at:

(1) the minimum altitudes for safe flight on each stage of the route to be
flown, or of any planned diversion therefrom, specified in or calculated
from the information contained in the operations manual relating to the
aeroplane; and

(2) the minimum altitudes necessary for compliance with the conditions
prescribed in CAT.POL.A.415 and 420, as appropriate.

CAT.POL.A.415 En-route OEI


(a) In the meteorological conditions expected for the flight, in the event of any
one engine becoming inoperative at any point on its route or on any planned
diversion therefrom and with the other engine(s) operating within the
maximum continuous power conditions specified, the aeroplane shall be
capable of continuing the flight from the cruising altitude to an
aerodrome where a landing can be made in accordance with
CAT.POL.A.430 or CAT.POL.A.435, as appropriate. The aeroplane shall
clear obstacles within 9,3 km (5 NM) either side of the intended track by a
vertical interval of at least:

(1) 1 000 ft, when the rate of climb is zero or greater; or

(2) 2 000 ft, when the rate of climb is less than zero.
2012R0965 EN 25.08.2013 001.001 128

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(b) The flight path shall have a positive slope at an altitude of 450 m (1 500 ft)
above the aerodrome where the landing is assumed to be made after the
failure of one engine.

(c) The available rate of climb of the aeroplane shall be taken to be 150 ft per
minute less than the gross rate of climb specified.

(d) The width margins of (a) shall be increased to 18,5 km (10 NM) if the
navigational accuracy does not meet at least RNP5.

(e) Fuel jettisoning is permitted to an extent consistent with reaching the


aerodrome with the required fuel reserves, if a safe procedure is used.

CAT.POL.A.420 En-route aeroplanes with three or more engines, two


engines inoperative
(a) At no point along the intended track shall an aeroplane having three or more
engines be more than 90 minutes, at the all-engines long range cruising
speed at standard temperature in still air, away from an aerodrome at
which the performance requirements applicable at the expected landing
mass are met, unless it complies with (b) to (e).

(b) The two-engines-inoperative flight path shall permit the aeroplane to


continue the flight, in the expected meteorological conditions, clearing all
obstacles within 9,3 km (5 NM) either side of the intended track by a
vertical interval of at least 2 000 ft, to an aerodrome at which the
performance requirements applicable at the expected landing mass are met.

(c) The two engines are assumed to fail at the most critical point of that portion
of the route where the aeroplane is more than 90 minutes, at the all-engines
long range cruising speed at standard temperature in still air, away from an
aerodrome at which the performance requirements applicable at the expected
landing mass are met.

(d) The expected mass of the aeroplane at the point where the two engines are
assumed to fail shall not be less than that which would include sufficient
fuel to proceed to an aerodrome where the landing is assumed to be made,
and to arrive there at an altitude of a least 450 m (1 500 ft) directly over the
landing area and thereafter to fly level for 15 minutes.

(e) The available rate of climb of the aeroplane shall be taken to be 150 ft per
minute less than that specified.

(f) The width margins of (b) shall be increased to 18,5 km (10 NM) if the
navigational accuracy does not meet at least RNP5.

(g) Fuel jettisoning is permitted to an extent consistent with reaching the


aerodrome with the required fuel reserves, if a safe procedure is used.

CAT.POL.A.425 Landing destination and alternate aerodromes


The landing mass of the aeroplane determined in accordance with
CAT.POL.A.105(a) shall not exceed the maximum landing mass specified in
the AFM for the altitude and, if accounted for in the AFM, the ambient
temperature expected for the estimated time of landing at the destination
aerodrome and alternate aerodrome.
2012R0965 EN 25.08.2013 001.001 129

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CAT.POL.A.430 Landing dry runways
(a) The landing mass of the aeroplane determined in accordance with
CAT.POL.A.105(a) for the estimated time of landing at the destination
aerodrome and any alternate aerodrome shall allow a full stop landing
from 50 ft above the threshold within 70 % of the LDA taking into account:

(1) the altitude at the aerodrome;

(2) not more than 50 % of the headwind component or not less than 150 %
of the tailwind component;

(3) the type of runway surface; and

(4) the slope of the runway in the direction of landing.

(b) For dispatching the aeroplane it shall be assumed that:

(1) the aeroplane will land on the most favourable runway in still air; and

(2) the aeroplane will land on the runway most likely to be assigned
considering the probable wind speed and direction, the ground
handling characteristics of the aeroplane and other conditions such as
landing aids and terrain.

(c) If the operator is unable to comply with (b)(2) for the destination aero
drome, the aeroplane shall only be dispatched if an alternate aerodrome is
designated that permits full compliance with (a) and (b).

CAT.POL.A.435 Landing wet and contaminated runways


(a) When the appropriate weather reports and/or forecasts indicate that the
runway at the estimated time of arrival may be wet, the LDA shall be
equal to or exceed the required landing distance, determined in accordance
with CAT.POL.A.430, multiplied by a factor of 1,15.

(b) When the appropriate weather reports and/or forecasts indicate that the
runway at the estimated time of arrival may be contaminated, the landing
distance shall not exceed the LDA. The operator shall specify in the oper
ations manual the landing distance data to be applied.

SECTION 2
Helicopters
CHAPTER 1
General requirements
CAT.POL.H.100 Applicability
(a) Helicopters shall be operated in accordance with the applicable performance
class requirements.

(b) Helicopters shall be operated in performance class 1:

(1) when operated to/from aerodromes or operating sites located in a


congested hostile environment, except when operated to/from a
public interest site (PIS) in accordance with CAT.POL.H.225; or

(2) when having an MOPSC of more than 19, except when operated
to/from a helideck in performance class 2 under an approval in
accordance with CAT.POL.H.305.
2012R0965 EN 25.08.2013 001.001 130

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(c) Unless otherwise prescribed by (b), helicopters that have an MOPSC of 19
or less but more than nine shall be operated in performance class 1 or 2.

(d) Unless otherwise prescribed by (b), helicopters that have an MOPSC of nine
or less shall be operated in performance class 1, 2 or 3.

CAT.POL.H.105 General
(a) The mass of the helicopter:

(1) at the start of the take-off; or

(2) in the event of in-flight replanning, at the point from which the revised
operational flight plan applies,

shall not be greater than the mass at which the applicable requirements of
this Section can be complied with for the flight to be undertaken, taking into
account expected reductions in mass as the flight proceeds and such fuel
jettisoning as is provided for in the relevant requirement.

(b) The approved performance data contained in the AFM shall be used to
determine compliance with the requirements of this Section, supplemented
as necessary with other data as prescribed in the relevant requirement. The
operator shall specify such other data in the operations manual. When
applying the factors prescribed in this Section, account may be taken of
any operational factors already incorporated in the AFM performance data to
avoid double application of factors.

(c) When showing compliance with the requirements of this Section, account
shall be taken of the following parameters:

(1) mass of the helicopter;

(2) the helicopter configuration;

(3) the environmental conditions, in particular:

(i) pressure altitude and temperature;

(ii) wind:

(A) except as provided in (C), for take-off, take-off flight path and
landing requirements, accountability for wind shall be no more
than 50 % of any reported steady headwind component of 5 kt
or more;

(B) where take-off and landing with a tailwind component is


permitted in the AFM, and in all cases for the take-off flight
path, not less than 150 % of any reported tailwind component
shall be taken into account; and

(C) where precise wind measuring equipment enables accurate


measurement of wind velocity over the point of take-off and
landing, wind components in excess of 50 % may be estab
lished by the operator, provided that the operator demonstrates
to the competent authority that the proximity to the FATO and
accuracy enhancements of the wind measuring equipment
provide an equivalent level of safety;
2012R0965 EN 25.08.2013 001.001 131

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(4) the operating techniques; and

(5) the operation of any systems that have an adverse effect on


performance.

CAT.POL.H.110 Obstacle accountability


(a) For the purpose of obstacle clearance requirements, an obstacle located
beyond the FATO, in the take-off flight path, or the missed approach
flight path shall be considered if its lateral distance from the nearest
point on the surface below the intended flight path is not further than the
following:

(1) For operations under VFR:

(i) half of the minimum width defined in the AFM or, when no
width is defined, 0,75 D, where D is the largest dimension of
the helicopter when the rotors are turning;

(ii) plus, the greater of 0,25 D or 3 m;

(iii) plus:

(A) 0,10 distance DR for operations under VFR by day; or

(B) 0,15 distance DR for operations under VFR at night.

(2) For operations under IFR:

(i) 1,5 D or 30 m, whichever is greater, plus:

(A) 0,10 distance DR, for operations under IFR with accurate
course guidance;

(B) 0,15 distance DR, for operations under IFR with standard
course guidance; or

(C) 0,30 distance DR for operations under IFR without course


guidance.

(ii) When considering the missed approach flight path, the divergence
of the obstacle accountability area only applies after the end of the
take-off distance available.

(3) For operations with initial take-off conducted visually and converted to
IFR/IMC at a transition point, the criteria required in (1) apply up to
the transition point, and the criteria required in (2) apply after the
transition point. The transition point cannot be located before the end
of the take-off distance required for helicopters (TODRH) operating in
performance class 1 or before the defined point after take-off (DPATO)
for helicopters operating in performance class 2.

(b) For take-off using a back-up or a lateral transition procedure, for the
purpose of obstacle clearance requirements, an obstacle located in the
back-up or lateral transition area shall be considered if its lateral distance
from the nearest point on the surface below the intended flight path is not
further than:

(1) half of the minimum width defined in the AFM or, when no width is
defined, 0,75 D;
2012R0965 EN 25.08.2013 001.001 132

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(2) plus the greater of 0,25 D or 3 m;

(3) plus:

(i) for operations under VFR by day 0,10 the distance travelled from
the back of the FATO, or

(ii) for operations under VFR at night 0,15 the distance travelled
from the back of the FATO.

(c) Obstacles may be disregarded if they are situated beyond:

(1) 7 rotor radius (R) for day operations, if it is assured that navigational
accuracy can be achieved by reference to suitable visual cues during
the climb;

(2) 10 R for night operations, if it is assured that navigational accuracy


can be achieved by reference to suitable visual cues during the climb;

(3) 300 m if navigational accuracy can be achieved by appropriate navi


gation aids; or

(4) 900 m in all other cases.

CHAPTER 2
Performance class 1
CAT.POL.H.200 General
Helicopters operated in performance class 1 shall be certified in category A or
equivalent as determined by the Agency.

CAT.POL.H.205 Take-off
(a) The take-off mass shall not exceed the maximum take-off mass specified in
the AFM for the procedure to be used.

(b) The take-off mass shall be such that:

(1) it is possible to reject the take-off and land on the FATO in case of the
critical engine failure being recognised at or before the take-off
decision point (TDP);

(2) the rejected take-off distance required (RTODRH) does not exceed the
rejected take-off distance available (RTODAH); and

(3) the TODRH does not exceed the take-off distance available (TODAH).

(4) Notwithstanding (b)(3), the TODRH may exceed the TODAH if the
helicopter, with the critical engine failure recognised at TDP can, when
continuing the take-off, clear all obstacles to the end of the TODRH by
a vertical margin of not less than 10,7 m (35 ft).

(c) When showing compliance with (a) and (b), account shall be taken of the
appropriate parameters of CAT.POL.H.105(c) at the aerodrome or operating
site of departure.
2012R0965 EN 25.08.2013 001.001 133

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(d) That part of the take-off up to and including TDP shall be conducted in
sight of the surface such that a rejected take-off can be carried out.

(e) For take-off using a backup or lateral transition procedure, with the critical
engine failure recognition at or before the TDP, all obstacles in the back-up
or lateral transition area shall be cleared by an adequate margin.

CAT.POL.H.210 Take-off flight path


(a) From the end of the TODRH with the critical engine failure recognised at
the TDP:

(1) The take-off mass shall be such that the take-off flight path provides a
vertical clearance, above all obstacles located in the climb path, of not
less than 10,7 m (35 ft) for operations under VFR and 10,7 m (35
ft) + 0,01 distance DR for operations under IFR. Only obstacles as
specified in CAT.POL.H.110 have to be considered.

(2) Where a change of direction of more than 15 is made, adequate


allowance shall be made for the effect of bank angle on the ability
to comply with the obstacle clearance requirements. This turn is not to
be initiated before reaching a height of 61 m (200 ft) above the take-off
surface unless it is part of an approved procedure in the AFM.

(b) When showing compliance with (a), account shall be taken of the appro
priate parameters of CAT.POL.H.105(c) at the aerodrome or operating site
of departure.

CAT.POL.H.215 En-route critical engine inoperative


(a) The mass of the helicopter and flight path at all points along the route, with
the critical engine inoperative and the meteorological conditions expected
for the flight, shall permit compliance with (1), (2) or (3):

(1) When it is intended that the flight will be conducted at any time out of
sight of the surface, the mass of the helicopter permits a rate of climb
of at least 50 ft/minute with the critical engine inoperative at an altitude
of at least 300 m (1 000 ft), or 600 m (2 000 ft) in areas of moun
tainous terrain, above all terrain and obstacles along the route within
9,3 km (5 NM) on either side of the intended track.

(2) When it is intended that the flight will be conducted without the
surface in sight, the flight path permits the helicopter to continue
flight from the cruising altitude to a height of 300 m (1 000 ft)
above a landing site where a landing can be made in accordance
with CAT.POL.H.220. The flight path clears vertically, by at least
300 m (1 000 ft) or 600 m (2 000 ft) in areas of mountainous
terrain, all terrain and obstacles along the route within 9,3 km (5
NM) on either side of the intended track. Drift-down techniques may
be used.

(3) When it is intended that the flight will be conducted in VMC with the
surface in sight, the flight path permits the helicopter to continue flight
from the cruising altitude to a height of 300 m (1 000 ft) above a
landing site where a landing can be made in accordance with
CAT.POL.H.220, without flying at any time below the appropriate
minimum flight altitude. Obstacles within 900 m on either side of
the route need to be considered.
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(b) When showing compliance with (a)(2) or (a)(3):

(1) the critical engine is assumed to fail at the most critical point along the
route;

(2) account is taken of the effects of winds on the flight path;

(3) fuel jettisoning is planned to take place only to an extent consistent


with reaching the aerodrome or operating site with the required fuel
reserves and using a safe procedure; and

(4) fuel jettisoning is not planned below 1 000 ft above terrain.

(c) The width margins of (a)(1) and (a)(2) shall be increased to 18,5 km (10
NM) if the navigational accuracy cannot be met for 95 % of the total flight
time.

CAT.POL.H.220 Landing
(a) The landing mass of the helicopter at the estimated time of landing shall not
exceed the maximum mass specified in the AFM for the procedure to be
used.

(b) In the event of the critical engine failure being recognised at any point at or
before the landing decision point (LDP), it is possible either to land and stop
within the FATO, or to perform a balked landing and clear all obstacles in
the flight path by a vertical margin of 10,7 m (35 ft). Only obstacles as
specified in CAT.POL.H.110 have to be considered.

(c) In the event of the critical engine failure being recognised at any point at or
after the LDP, it is possible to:

(1) clear all obstacles in the approach path; and

(2) land and stop within the FATO.

(d) When showing compliance with (a) to (c), account shall be taken of the
appropriate parameters of CAT.POL.H.105(c) for the estimated time of
landing at the destination aerodrome or operating site, or any alternate if
required.

(e) That part of the landing from the LDP to touchdown shall be conducted in
sight of the surface.

CAT.POL.H.225 Helicopter operations to/from a public interest site


(a) Operations to/from a public interest site (PIS) may be conducted in
performance class 2, without complying with CAT.POL.H.310(b) or
CAT.POL.H.325(b), provided that all of the following are complied with:

(1) the PIS was in use before 1 July 2002;

(2) the size of the PIS or obstacle environment does not permit compliance
with the requirements for operation in performance class 1;

(3) the operation is conducted with a helicopter with an MOPSC of six or


less;

(4) the operator complies with CAT.POL.H.305(b)(2) and (b)(3);


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(5) the helicopter mass does not exceed the maximum mass specified in
the AFM for a climb gradient of 8 % in still air at the appropriate
take-off safety speed (VTOSS) with the critical engine inoperative and
the remaining engines operating at an appropriate power rating; and

(6) the operator has obtained prior approval for the operation from the
competent authority. Before such operations take place in another
Member State, the operator shall obtain an endorsement from the
competent authority of that State.

(b) Site-specific procedures shall be established in the operations manual to


minimise the period during which there would be danger to helicopter
occupants and persons on the surface in the event of an engine failure
during take-off and landing.

(c) The operations manual shall contain for each PIS: a diagram or annotated
photograph, showing the main aspects, the dimensions, the
non-conformance with the requirements performance class 1, the main
hazards and the contingency plan should an incident occur.

CHAPTER 3
Performance class 2
CAT.POL.H.300 General
Helicopters operated in performance class 2 shall be certified in category A or
equivalent as determined by the Agency.

CAT.POL.H.305 Operations without an assured safe forced landing capa


bility
(a) Operations without an assured safe forced landing capability during the
take-off and landing phases shall only be conducted if the operator has
been granted an approval by the competent authority.

(b) To obtain and maintain such approval the operator shall:

(1) conduct a risk assessment, specifying:

(i) the type of helicopter; and

(ii) the type of operations;

(2) implement the following set of conditions:

(i) attain and maintain the helicopter/engine modification standard


defined by the manufacturer;

(ii) conduct the preventive maintenance actions recommended by the


helicopter or engine manufacturer;

(iii) include take-off and landing procedures in the operations manual,


where they do not already exist in the AFM;

(iv) specify training for flight crew; and

(v) provide a system for reporting to the manufacturer loss of power,


engine shutdown or engine failure events;

and

(3) implement a usage monitoring system (UMS).


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CAT.POL.H.310 Take-off
(a) The take-off mass shall not exceed the maximum mass specified for a rate
of climb of 150 ft/min at 300 m (1 000 ft) above the level of the aerodrome
or operating site with the critical engine inoperative and the remaining
engine(s) operating at an appropriate power rating.

(b) For operations other than those specified in CAT.POL.H.305, the take-off
shall be conducted such that a safe forced landing can be executed until the
point where safe continuation of the flight is possible.

(c) For operations in accordance with CAT.POL.H.305, in addition to the


requirements of (a):

(1) the take-off mass shall not exceed the maximum mass specified in the
AFM for an all engines operative out of ground effect (AEO OGE)
hover in still air with all engines operating at an appropriate power
rating; or

(2) for operations from a helideck:

(i) with a helicopter that has an MOPSC of more than 19; or

(ii) any helicopter operated from a helideck located in a hostile


environment,

the take-off mass shall take into account: the procedure; deck-edge miss and
drop down appropriate to the height of the helideck with the critical
engine(s) inoperative and the remaining engines operating at an appropriate
power rating.

(d) When showing compliance with (a) to (c), account shall be taken of the
appropriate parameters of CAT.POL.H.105(c) at the point of departure.

(e) That part of the take-off before the requirement of CAT.POL.H.315 is met
shall be conducted in sight of the surface.

CAT.POL.H.315 Take-off flight path


From the defined point after take-off (DPATO) or, as an alternative, no later than
200 ft above the take-off surface, with the critical engine inoperative, the
requirements of CAT.POL.H.210(a)(1), (a)(2) and (b) shall be complied with.

CAT.POL.H.320 En-route critical engine inoperative


The requirement of CAT.POL.H.215 shall be complied with.

CAT.POL.H.325 Landing
(a) The landing mass at the estimated time of landing shall not exceed the
maximum mass specified for a rate of climb of 150 ft/min at 300 m
(1 000 ft) above the level of the aerodrome or operating site with the
critical engine inoperative and the remaining engine(s) operating at an
appropriate power rating.

(b) If the critical engine fails at any point in the approach path:

(1) a balked landing can be carried out meeting the requirement of


CAT.POL.H.315; or

(2) for operations other than those specified in CAT.POL.H.305, the heli
copter can perform a safe forced landing.
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(c) For operations in accordance with CAT.POL.H.305, in addition to the
requirements of (a):

(1) the landing mass shall not exceed the maximum mass specified in the
AFM for an AEO OGE hover in still air with all engines operating at
an appropriate power rating; or

(2) for operations to a helideck:

(i) with a helicopter that has an MOPSC of more than 19; or

(ii) any helicopter operated to a helideck located in a hostile


environment,

the landing mass shall take into account the procedure and drop down
appropriate to the height of the helideck with the critical engine inoperative
and the remaining engine(s) operating at an appropriate power rating.

(d) When showing compliance with (a) to (c), account shall be taken of the
appropriate parameters of CAT.POL.H.105(c) at the destination aerodrome
or any alternate, if required.

(e) That part of the landing after which the requirement of (b)(1) cannot be met
shall be conducted in sight of the surface.

CHAPTER 4
Performance class 3
CAT.POL.H.400 General
(a) Helicopters operated in performance class 3 shall be certified in category A
or equivalent as determined by the Agency, or category B.

(b) Operations shall only be conducted in a non-hostile environment, except:

(1) when operating in accordance with CAT.POL.H.420; or

(2) for the take-off and landing phase, when operating in accordance with (c).

(c) Provided the operator is approved in accordance with CAT.POL.H.305,


operations may be conducted to/from an aerodrome or operating site
located outside a congested hostile environment without an assured safe
forced landing capability:

(1) during take-off, before reaching Vy (speed for best rate of climb) or
200 ft above the take-off surface; or

(2) during landing, below 200 ft above the landing surface.

(d) Operations shall not be conducted:

(1) out of sight of the surface;

(2) at night;

(3) when the ceiling is less than 600 ft; or

(4) when the visibility is less than 800 m.


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CAT.POL.H.405 Take-off
(a) The take-off mass shall be the lower of:

(1) the MCTOM; or

(2) the maximum take-off mass specified for a hover in ground effect with
all engines operating at take-off power, or if conditions are such that a
hover in ground effect is not likely to be established, the take-off mass
specified for a hover out of ground effect with all engines operating at
take-off power.

(b) Except as provided in CAT.POL.H.400(b), in the event of an engine failure


the helicopter shall be able to perform a safe forced landing.

CAT.POL.H.410 En-route
(a) The helicopter shall be able, with all engines operating within the maximum
continuous power conditions, to continue along its intended route or to a
planned diversion without flying at any point below the appropriate
minimum flight altitude.

(b) Except as provided in CAT.POL.H.420, in the event of an engine failure the


helicopter shall be able to perform a safe forced landing.

CAT.POL.H.415 Landing
(a) The landing mass of the helicopter at the estimated time of landing shall be
the lower of:

(1) the maximum certified landing mass; or

(2) the maximum landing mass specified for a hover in ground effect, with
all engines operating at take-off power, or if conditions are such that a
hover in ground effect is not likely to be established, the landing mass
for a hover out of ground effect with all engines operating at take-off
power.

(b) Except as provided in CAT.POL.H.400(b), in the event of an engine failure,


the helicopter shall be able to perform a safe forced landing.

CAT.POL.H.420 Helicopter operations over a hostile environment located


outside a congested area
(a) Operations over a non-congested hostile environment without a safe forced
landing capability with turbine-powered helicopters with an MOPSC of six
or less shall only be conducted if the operator has been granted an approval
by the competent authority, following a safety risk assessment performed by
the operator. Before such operations take place in another Member State, the
operator shall obtain an endorsement from the competent authority of that
State.

(b) To obtain and maintain such approval the operator shall:

(1) only conduct these operations in the areas and under the conditions
specified in the approval;

(2) not conduct these operations under a HEMS approval;

(3) substantiate that helicopter limitations, or other justifiable consider


ations, preclude the use of the appropriate performance criteria; and

(4) be approved in accordance with CAT.POL.H.305(b).


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(c) Notwithstanding CAT.IDE.H.240, such operations may be conducted
without supplemental oxygen equipment, provided the cabin altitude does
not exceed 10 000 ft for a period in excess of 30 minutes and never exceeds
13 000 ft pressure altitude.

SECTION 3
Mass and balance
CHAPTER 1
Motor-powered aircraft
CAT.POL.MAB.100 Mass and balance, loading
(a) During any phase of operation, the loading, mass and centre of gravity (CG)
of the aircraft shall comply with the limitations specified in the AFM, or the
operations manual if more restrictive.

(b) The operator shall establish the mass and the CG of any aircraft by actual
weighing prior to initial entry into service and thereafter at intervals of four
years if individual aircraft masses are used, or nine years if fleet masses are
used. The accumulated effects of modifications and repairs on the mass and
balance shall be accounted for and properly documented. Aircraft shall be
reweighed if the effect of modifications on the mass and balance is not
accurately known.

(c) The weighing shall be accomplished by the manufacturer of the aircraft or


by an approved maintenance organisation.

(d) The operator shall determine the mass of all operating items and crew
members included in the aircraft dry operating mass by weighing or by
using standard masses. The influence of their position on the aircrafts
CG shall be determined.

(e) The operator shall establish the mass of the traffic load, including any
ballast, by actual weighing or by determining the mass of the traffic load
in accordance with standard passenger and baggage masses.

(f) In addition to standard masses for passengers and checked baggage, the
operator can use standard masses for other load items, if it demonstrates
to the competent authority that these items have the same mass or that their
masses are within specified tolerances.

(g) The operator shall determine the mass of the fuel load by using the actual
density or, if not known, the density calculated in accordance with a method
specified in the operations manual.

(h) The operator shall ensure that the loading of:

(1) its aircraft is performed under the supervision of qualified personnel;


and

(2) traffic load is consistent with the data used for the calculation of the
aircraft mass and balance.

(i) The operator shall comply with additional structural limits such as the floor
strength limitations, the maximum load per running metre, the maximum
mass per cargo compartment and the maximum seating limit. For heli
copters, in addition, the operator shall take account of in-flight changes in
loading.
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(j) The operator shall specify, in the operations manual, the principles and
methods involved in the loading and in the mass and balance system that
meet the requirements contained in (a) to (i). This system shall cover all
types of intended operations.

CAT.POL.MAB.105 Mass and balance data and documentation


(a) The operator shall establish mass and balance data and produce mass and
balance documentation prior to each flight specifying the load and its
distribution. The mass and balance documentation shall enable the
commander to determine that the load and its distribution is such that the
mass and balance limits of the aircraft are not exceeded. The mass and
balance documentation shall contain the following information:

(1) Aircraft registration and type;

(2) Flight identification, number and date;

(3) Name of the commander;

(4) Name of the person who prepared the document;

(5) Dry operating mass and the corresponding CG of the aircraft:

(i) for performance class B aeroplanes and for helicopters the CG


position may not need to be on the mass and balance documentation
if, for example, the load distribution is in accordance with a pre-
calculated balance table or if it can be shown that for the planned
operations a correct balance can be ensured, whatever the real load
is;

(6) Mass of the fuel at take-off and the mass of trip fuel;

(7) Mass of consumables other than fuel, if applicable;

(8) Load components including passengers, baggage, freight and ballast;

(9) Take-off mass, landing mass and zero fuel mass;

(10) Applicable aircraft CG positions; and

(11) The limiting mass and CG values.

The information above shall be available in flight planning documents or


mass and balance systems. Some of this information may be contained in
other documents readily available for use.

(b) Where mass and balance data and documentation is generated by a


computerised mass and balance system, the operator shall verify the
integrity of the output data.

(c) The person supervising the loading of the aircraft shall confirm by hand
signature or equivalent that the load and its distribution are in accordance
with the mass and balance documentation given to the commander. The
commander shall indicate his/her acceptance by hand signature or equiv
alent.

(d) The operator shall specify procedures for last minute changes to the load to
ensure that:

(1) any last minute change after the completion of the mass and balance
documentation is brought to the attention of the commander and
entered in the flight planning documents containing the mass and
balance documentation;
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(2) the maximum last minute change allowed in passenger numbers or hold
load is specified; and

(3) new mass and balance documentation is prepared if this maximum


number is exceeded.

(e) The operator shall obtain approval by the competent authority if he/she
wishes to use an onboard integrated mass and balance computer system
or a stand-alone computerised mass and balance system as a primary
source for dispatch. The operator shall demonstrate the accuracy and relia
bility of that system.

SUBPART D
INSTRUMENTS, DATA, EQUIPMENT
SECTION 1
Aeroplanes
CAT.IDE.A.100 Instruments and equipment general
(a) Instruments and equipment required by this Subpart shall be approved in
accordance with Regulation (EC) No 1702/2003, except for the following
items:

(1) Spare fuses;

(2) Independent portable lights;

(3) An accurate time piece;

(4) Chart holder;

(5) First-aid kits;

(6) Emergency medical kit;

(7) Megaphones;

(8) Survival and signalling equipment;

(9) Sea anchors and equipment for mooring; and

(10) Child restraint devices.

(b) Instruments and equipment not required by this Subpart that do not need to
be approved in accordance with Regulation (EC) No 1702/2003, but are
carried on a flight, shall comply with the following:

(1) the information provided by these instruments, equipment or acces


sories shall not be used by the flight crew to comply with Annex I
to Regulation (EC) No 216/2008 or CAT.IDE.A.330, CAT.IDE.A.335,
CAT.IDE.A.340 and CAT.IDE.A.345; and

(2) the instruments and equipment shall not affect the airworthiness of the
aeroplane, even in the case of failures or malfunction.

(c) If equipment is to be used by one flight crew member at his/her station


during flight, it must be readily operable from that station. When a single
item of equipment is required to be operated by more than one flight crew
member it must be installed so that the equipment is readily operable from
any station at which the equipment is required to be operated.
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(d) Those instruments that are used by any flight crew member shall be so
arranged as to permit the flight crew member to see the indications
readily from his/her station, with the minimum practicable deviation from
the position and line of vision that he/she normally assumes when looking
forward along the flight path.

(e) All required emergency equipment shall be easily accessible for immediate
use.

CAT.IDE.A.105 Minimum equipment for flight


A flight shall not be commenced when any of the aeroplanes instruments, items
of equipment or functions required for the intended flight are inoperative or
missing, unless:

(a) the aeroplane is operated in accordance with the operators MEL; or

(b) the operator is approved by the competent authority to operate the aeroplane
within the constraints of the master minimum equipment list (MMEL).

CAT.IDE.A.110 Spare electrical fuses


(a) Aeroplanes shall be equipped with spare electrical fuses, of the ratings
required for complete circuit protection, for replacement of those fuses
that are allowed to be replaced in flight.

(b) The number of spare fuses that are required to be carried shall be the higher
of:

(1) 10 % of the number of fuses of each rating; or

(2) three fuses for each rating.

CAT.IDE.A.115 Operating lights


(a) Aeroplanes operated by day shall be equipped with:

(1) an anti-collision light system;

(2) lighting supplied from the aeroplanes electrical system to provide


adequate illumination for all instruments and equipment essential to
the safe operation of the aeroplane;

(3) lighting supplied from the aeroplanes electrical system to provide


illumination in all passenger compartments; and

(4) an independent portable light for each required crew member readily
accessible to crew members when seated at their designated stations.

(b) Aeroplanes operated at night shall in addition be equipped with:

(1) navigation/position lights;

(2) two landing lights or a single light having two separately energised
filaments; and

(3) lights to conform with the International Regulations for Preventing


Collisions at Sea if the aeroplane is operated as a seaplane.

CAT.IDE.A.120 Equipment to clear windshield


Aeroplanes with an MCTOM of more than 5 700 kg shall be equipped at each
pilot station with a means to maintain a clear portion of the windshield during
precipitation.
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CAT.IDE.A.125 Operations under VFR by day flight and navigational
instruments and associated equipment
(a) Aeroplanes operated under VFR by day shall be equipped with the
following equipment, available at the pilots station:

(1) A means of measuring and displaying:

(i) Magnetic heading;

(ii) Time in hours, minutes, and seconds;

(iii) Pressure altitude;

(iv) Indicated airspeed;

(v) Vertical speed;

(vi) Turn and slip;

(vii) Attitude;

(viii) Heading;

(ix) Outside air temperature; and

(x) Mach number whenever speed limitations are expressed in terms


of Mach number.

(2) A means of indicating when the supply of power to the required flight
instruments is not adequate.

(b) Whenever two pilots are required for the operation, an additional separate
means of displaying the following shall be available for the second pilot:

(1) Pressure altitude;

(2) Indicated airspeed;

(3) Vertical speed;

(4) Turn and slip;

(5) Attitude; and

(6) Heading.

(c) A means for preventing malfunction of the airspeed indicating systems due
to condensation or icing shall be available for:

(1) aeroplanes with an MCTOM of more than 5 700 kg or an MOPSC of


more than nine; and

(2) aeroplanes first issued with an individual CofA on or after 1 April


1999.

(d) Single engine aeroplanes first issued with an individual CofA before
22 May 1995 are exempted from the requirements of (a)(1)(vi), (a)(1)(vii),
(a)(1)(viii) and (a)(1)(ix) if the compliance would require retrofitting.

CAT.IDE.A.130 Operations under IFR or at night flight and navi


gational instruments and associated equipment
Aeroplanes operated under VFR at night or under IFR shall be equipped with the
following equipment, available at the pilots station:

(a) A means of measuring and displaying:

(1) Magnetic heading;

(2) Time in hours, minutes and seconds;

(3) Indicated airspeed;


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(4) Vertical speed;

(5) Turn and slip, or in the case of aeroplanes equipped with a standby
means of measuring and displaying attitude, slip;

(6) Attitude;

(7) Stabilised heading;

(8) Outside air temperature; and

(9) Mach number whenever speed limitations are expressed in terms of


Mach number.

(b) Two means of measuring and displaying pressure altitude.

(c) A means of indicating when the supply of power to the required flight
instruments is not adequate.

(d) A means for preventing malfunction of the airspeed indicating systems


required in (a)(3) and (h)(2) due to condensation or icing.

(e) A means of annunciating to the flight crew the failure of the means required
in (d) for aeroplanes:

(1) issued with an individual CofA on or after 1 April 1998; or

(2) issued with an individual CofA before 1 April 1998 with an MCTOM
of more than 5 700 kg, and with an MOPSC of more than nine.

(f) Except for propeller-driven aeroplanes with an MCTOM of 5 700 kg or less,


two independent static pressure systems.

(g) One static pressure system and one alternate source of static pressure for
propeller-driven aeroplanes with an MCTOM of 5 700 kg or less.

(h) Whenever two pilots are required for the operation, a separate means of
displaying for the second pilot:

(1) Pressure altitude;

(2) Indicated airspeed;

(3) Vertical speed;

(4) Turn and slip;

(5) Attitude; and

(6) Stabilised heading.

(i) A standby means of measuring and displaying attitude capable of being used
from either pilots station for aeroplanes with an MCTOM of more than
5 700 kg or an MOPSC of more than nine that:

(1) is powered continuously during normal operation and, after a total


failure of the normal electrical generating system, is powered from a
source independent from the normal electrical generating system;

(2) provides reliable operation for a minimum of 30 minutes after total


failure of the normal electrical generating system, taking into account
other loads on the emergency power supply and operational procedures;

(3) operates independently of any other means of measuring and displaying


attitude;
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(4) is operative automatically after total failure of the normal electrical
generating system;

(5) is appropriately illuminated during all phases of operation, except for


aeroplanes with an MCTOM of 5 700 kg or less, already registered in a
Member State on 1 April 1995 and equipped with a standby attitude
indicator in the left-hand instrument panel;

(6) is clearly evident to the flight crew when the standby attitude indicator
is being operated by emergency power; and

(7) where the standby attitude indicator has its own dedicated power
supply, has an associated indication, either on the instrument or on
the instrument panel, when this supply is in use.

(j) A chart holder in an easily readable position that can be illuminated for
night operations.

CAT.IDE.A.135 Additional equipment for single-pilot operation under IFR


Aeroplanes operated under IFR with a single-pilot shall be equipped with an
autopilot with at least altitude hold and heading mode.

CAT.IDE.A.140 Altitude alerting system


(a) The following aeroplanes shall be equipped with an altitude alerting system:

(1) turbine propeller powered aeroplanes with an MCTOM of more than


5 700 kg or having an MOPSC of more than nine; and

(2) aeroplanes powered by turbo-jet engines.

(b) The altitude alerting system shall be capable of:

(1) alerting the flight crew when approaching a preselected altitude; and

(2) alerting the flight crew by at least an aural signal, when deviating from
a preselected altitude.

(c) Notwithstanding (a), aeroplanes with an MCTOM of 5 700 kg or less,


having an MOPSC of more than nine, first issued with an individual
CofA before 1 April 1972 and already registered in a Member State on
1 April 1995 are exempted from being equipped with an altitude alerting
system.

CAT.IDE.A.150 Terrain awareness warning system (TAWS)


(a) Turbine-powered aeroplanes having an MCTOM of more than 5 700 kg or
an MOPSC of more than nine shall be equipped with a TAWS that meets
the requirements for Class A equipment as specified in an acceptable
standard.

(b) Reciprocating-engine-powered aeroplanes with an MCTOM of more than


5 700 kg or an MOPSC of more than nine shall be equipped with a
TAWS that meets the requirement for Class B equipment as specified in
an acceptable standard.

CAT.IDE.A.155 Airborne collision avoidance system (ACAS)


Unless otherwise provided for by Regulation (EU) No 1332/2011,
turbine-powered aeroplanes with an MCTOM of more than 5 700 kg or an
MOPSC of more than 19 shall be equipped with ACAS II.
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CAT.IDE.A.160 Airborne weather detecting equipment
The following shall be equipped with airborne weather detecting equipment when
operated at night or in IMC in areas where thunderstorms or other potentially
hazardous weather conditions, regarded as detectable with airborne weather
detecting equipment, may be expected to exist along the route:

(a) pressurised aeroplanes;

(b) non-pressurised aeroplanes with an MCTOM of more than 5 700 kg; and

(c) non-pressurised aeroplanes with an MOPSC of more than nine.

CAT.IDE.A.165 Additional equipment for operations in icing conditions at


night
(a) Aeroplanes operated in expected or actual icing conditions at night shall be
equipped with a means to illuminate or detect the formation of ice.

(b) The means to illuminate the formation of ice shall not cause glare or
reflection that would handicap crew members in the performance of their
duties.

CAT.IDE.A.170 Flight crew interphone system


Aeroplanes operated by more than one flight crew member shall be equipped
with a flight crew interphone system, including headsets and microphones for use
by all flight crew members.

CAT.IDE.A.175 Crew member interphone system


Aeroplanes with an MCTOM of more than 15 000 kg, or with an MOPSC of
more than 19 shall be equipped with a crew member interphone system, except
for aeroplanes first issued with an individual CofA before 1 April 1965 and
already registered in a Member State on 1 April 1995.

CAT.IDE.A.180 Public address system


Aeroplanes with an MOPSC of more than 19 shall be equipped with a public
address system.

CAT.IDE.A.185 Cockpit voice recorder


(a) The following aeroplanes shall be equipped with a cockpit voice
recorder (CVR):

(1) aeroplanes with an MCTOM of more than 5 700 kg; and

(2) multi-engined turbine-powered aeroplanes with an MCTOM of


5 700 kg or less, with an MOPSC of more than nine and first issued
with an individual CofA on or after 1 January 1990.

(b) The CVR shall be capable of retaining the data recorded during at least:

(1) the preceding two hours in the case of aeroplanes referred to in (a)(1)
when the individual CofA has been issued on or after 1 April 1998;

(2) the preceding 30 minutes for aeroplanes referred to in (a)(1) when the
individual CofA has been issued before 1 April 1998; or
2012R0965 EN 25.08.2013 001.001 147

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(3) the preceding 30 minutes, in the case of aeroplanes referred to in (a)(2).

(c) The CVR shall record with reference to a timescale:

(1) voice communications transmitted from or received in the flight crew


compartment by radio;

(2) flight crew members voice communications using the interphone


system and the public address system, if installed;

(3) the aural environment of the flight crew compartment, including


without interruption:

(i) for aeroplanes first issued with an individual CofA on or after


1 April 1998, the audio signals received from each boom and
mask microphone in use;

(ii) for aeroplanes referred to in (a)(2) and first issued with an indi
vidual CofA before 1 April 1998, the audio signals received from
each boom and mask microphone, where practicable;

and

(4) voice or audio signals identifying navigation or approach aids


introduced into a headset or speaker.

(d) The CVR shall start to record prior to the aeroplane moving under its own
power and shall continue to record until the termination of the flight when
the aeroplane is no longer capable of moving under its own power. In
addition, in the case of aeroplanes issued with an individual CofA on or
after 1 April 1998, the CVR shall start automatically to record prior to the
aeroplane moving under its own power and continue to record until the
termination of the flight when the aeroplane is no longer capable of
moving under its own power.

(e) In addition to (d), depending on the availability of electrical power, the


CVR shall start to record as early as possible during the cockpit checks
prior to engine start at the beginning of the flight until the cockpit checks
immediately following engine shutdown at the end of the flight, in the case
of:

(1) aeroplanes referred to in (a)(1) and issued with an individual CofA


after 1 April 1998; or

(2) aeroplanes referred to in (a)(2).

(f) The CVR shall have a device to assist in locating it in water.

CAT.IDE.A.190 Flight data recorder


(a) The following aeroplanes shall be equipped with a flight data
recorder (FDR) that uses a digital method of recording and storing data
and for which a method of readily retrieving that data from the storage
medium is available:

(1) aeroplanes with an MCTOM of more than 5 700 kg and first issued
with an individual CofA on or after 1 June 1990;
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(2) turbine-engined aeroplanes with an MCTOM of more than 5 700 kg
and first issued with an individual CofA before 1 June 1990; and

(3) multi-engined turbine-powered aeroplanes with an MCTOM of


5 700 kg or less, with an MOPSC of more than nine and first issued
with an individual CofA on or after 1 April 1998.

(b) The FDR shall record:

(1) time, altitude, airspeed, normal acceleration and heading and be capable
of retaining the data recorded during at least the preceding 25 hours for
aeroplanes referred to in (a)(2) with an MCTOM of less than
27 000 kg;

(2) the parameters required to determine accurately the aeroplane flight


path, speed, attitude, engine power and configuration of lift and drag
devices and be capable of retaining the data recorded during at least the
preceding 25 hours, for aeroplanes referred to in (a)(1) with an
MCTOM of less than 27 000 kg and first issued with an individual
CofA before 1 January 2016;

(3) the parameters required to determine accurately the aeroplane flight


path, speed, attitude, engine power, configuration and operation and
be capable of retaining the data recorded during at least the
preceding 25 hours, for aeroplanes referred to in (a)(1) and (a)(2)
with an MCTOM of over 27 000 kg and first issued with an individual
CofA before 1 January 2016;

(4) the parameters required to determine accurately the aeroplane flight


path, speed, attitude, engine power and configuration of lift and drag
devices and be capable of retaining the data recorded during at least the
preceding 10 hours, in the case of aeroplanes referred to in (a)(3) and
first issued with an individual CofA before 1 January 2016; or

(5) the parameters required to determine accurately the aeroplane flight


path, speed, attitude, engine power, configuration and operation and
be capable of retaining the data recorded during at least the
preceding 25 hours, for aeroplanes referred to in (a)(1) and (a)(3)
and first issued with an individual CofA on or after 1 January 2016.

(c) Data shall be obtained from aeroplane sources that enable accurate
correlation with information displayed to the flight crew.

(d) The FDR shall start to record the data prior to the aeroplane being capable
of moving under its own power and shall stop after the aeroplane is
incapable of moving under its own power. In addition, in the case of aero
planes issued with an individual CofA on or after 1 April 1998, the FDR
shall start automatically to record the data prior to the aeroplane being
capable of moving under its own power and shall stop automatically after
the aeroplane is incapable of moving under its own power.

(e) The FDR shall have a device to assist in locating it in water.


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CAT.IDE.A.195 Data link recording
(a) Aeroplanes first issued with an individual CofA on or after 8 April 2014
that have the capability to operate data link communications and are
required to be equipped with a CVR, shall record on a recorder, where
applicable:

(1) data link communication messages related to ATS communications to


and from the aeroplane, including messages applying to the following
applications:

(i) data link initiation;

(ii) controller-pilot communication;

(iii) addressed surveillance;

(iv) flight information;

(v) as far as is practicable, given the architecture of the system,


aircraft broadcast surveillance;

(vi) as far as is practicable, given the architecture of the system,


aircraft operational control data; and

(vii) as far as is practicable, given the architecture of the system,


graphics;

(2) information that enables correlation to any associated records related to


data link communications and stored separately from the aeroplane; and

(3) information on the time and priority of data link communications


messages, taking into account the systems architecture.

(b) The recorder shall use a digital method of recording and storing data and
information and a method for retrieving that data. The recording method
shall allow the data to match the data recorded on the ground.

(c) The recorder shall be capable of retaining data recorded for at least the same
duration as set out for CVRs in CAT.IDE.A.185.

(d) The recorder shall have a device to assist in locating it in water.

(e) The requirements applicable to the start and stop logic of the recorder are
the same as the requirements applicable to the start and stop logic of the
CVR contained in CAT.IDE.A.185(d) and (e).

CAT.IDE.A.200 Combination recorder


Compliance with CVR and FDR requirements may be achieved by:

(a) one flight data and cockpit voice combination recorder in the case of aero
planes required to be equipped with a CVR or an FDR;
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(b) one flight data and cockpit voice combination recorder in the case of aero
planes with an MCTOM of 5 700 kg or less and required to be equipped
with a CVR and an FDR; or

(c) two flight data and cockpit voice combination recorders in the case of
aeroplanes with an MCTOM of more than 5 700 kg and required to be
equipped with a CVR and an FDR.

CAT.IDE.A.205 Seats, seat safety belts, restraint systems and child restraint
devices
(a) Aeroplanes shall be equipped with:

(1) a seat or berth for each person on board who is aged 24 months or
more;

(2) a seat belt on each passenger seat and restraining belts for each berth
except as specified in (3);

(3) a seat belt with upper torso restraint system on each passenger seat and
restraining belts on each berth in the case of aeroplanes with an
MCTOM of less than 5 700 kg and with an MOPSC of less than
nine, after 8 April 2015;

(4) a child restraint device (CRD) for each person on board younger than
24 months;

(5) a seat belt with upper torso restraint system incorporating a device that
will automatically restrain the occupants torso in the event of rapid
deceleration:

(i) on each flight crew seat and on any seat alongside a pilots seat;

(ii) on each observer seat located in the flight crew compartment;

(6) a seat belt with upper torso restraint system on each seat for the
minimum required cabin crew.

(b) A seat belt with upper torso restraint system shall:

(1) have a single point release;

(2) on flight crew seats, on any seat alongside a pilots seat and on the
seats for the minimum required cabin crew, include two shoulder straps
and a seat belt that may be used independently.

CAT.IDE.A.210 Fasten seat belt and no smoking signs


Aeroplanes in which not all passenger seats are visible from the flight crew
seat(s) shall be equipped with a means of indicating to all passengers and
cabin crew when seat belts shall be fastened and when smoking is not allowed.

CAT.IDE.A.215 Internal doors and curtains


Aeroplanes shall be equipped with:

(a) in the case of aeroplanes with an MOPSC of more than 19, a door between
the passenger compartment and the flight crew compartment, with a placard
indicating crew only and a locking means to prevent passengers from
opening it without the permission of a member of the flight crew;

(b) a readily accessible means for opening each door that separates a passenger
compartment from another compartment that has emergency exits;
2012R0965 EN 25.08.2013 001.001 151

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(c) a means for securing in the open position any doorway or curtain separating
the passenger compartment from other areas that need to be accessed to
reach any required emergency exit from any passenger seat;

(d) a placard on each internal door or adjacent to a curtain that is the means of
access to a passenger emergency exit, to indicate that it must be secured
open during take-off and landing; and

(e) a means for any member of the crew to unlock any door that is normally
accessible to passengers and that can be locked by passengers.

CAT.IDE.A.220 First-aid kit


(a) Aeroplanes shall be equipped with first-aid kits, in accordance with Table 1.

Table 1
Number of first-aid kits required

Number of passenger seats installed Number of first-aid kits required

0-100 1

101-200 2

201-300 3

301-400 4

401-500 5

501 or more 6

(b) First-aid kits shall be:

(1) readily accessible for use; and

(2) kept up to date.

CAT.IDE.A.225 Emergency medical kit


(a) Aeroplanes with an MOPSC of more than 30 shall be equipped with an
emergency medical kit when any point on the planned route is more than 60
minutes flying time at normal cruising speed from an aerodrome at which
qualified medical assistance could be expected to be available.

(b) The commander shall ensure that drugs are only administered by appro
priately qualified persons.

(c) The emergency medical kit referred to in (a) shall be:

(1) dust and moisture proof;

(2) carried in a way that prevents unauthorised access; and

(3) kept up to date.

CAT.IDE.A.230 First-aid oxygen


(a) Pressurised aeroplanes operated at pressure altitudes above 25 000 ft, in the
case of operations for which a cabin crew member is required, shall be
equipped with a supply of undiluted oxygen for passengers who, for physio
logical reasons, might require oxygen following a cabin depressurisation.
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(b) The oxygen supply referred to in (a) shall be calculated using an average
flow rate of at least 3 litres standard temperature pressure
dry (STPD)/minute/person. This oxygen supply shall be sufficient for the
remainder of the flight after cabin depressurisation when the cabin altitude
exceeds 8 000 ft but does not exceed 15 000 ft, for at least 2 % of the
passengers carried, but in no case for less than one person.

(c) There shall be a sufficient number of dispensing units, but in no case less
than two, with a means for cabin crew to use the supply.

(d) The first-aid oxygen equipment shall be capable of generating a mass flow
to each user of at least 4 litres STPD per minute.

CAT.IDE.A.235 Supplemental oxygen pressurised aeroplanes


(a) Pressurised aeroplanes operated at pressure altitudes above 10 000 ft shall be
equipped with supplemental oxygen equipment that is capable of storing and
dispensing the oxygen supplies in accordance with Table 1.

(b) Pressurised aeroplanes operated at pressure altitudes above 25 000 ft shall be


equipped with:

(1) quick donning types of masks for flight crew members;

(2) sufficient spare outlets and masks or portable oxygen units with masks
distributed evenly throughout the passenger compartment, to ensure
immediate availability of oxygen for use by each required cabin crew
member;

(3) an oxygen dispensing unit connected to oxygen supply terminals


immediately available to each cabin crew member, additional crew
member and occupants of passenger seats, wherever seated; and

(4) a device to provide a warning indication to the flight crew of any loss
of pressurisation.

(c) In the case of pressurised aeroplanes first issued with an individual CofA
after 8 November 1998 and operated at pressure altitudes above 25 000 ft,
or operated at pressure altitudes at, or below 25 000 ft under conditions that
would not allow them to descend safely to 13 000 ft within four minutes,
the individual oxygen dispensing units referred to in (b)(3) shall be auto
matically deployable.

(d) The total number of dispensing units and outlets referred to in (b)(3) and (c)
shall exceed the number of seats by at least 10 %. The extra units shall be
evenly distributed throughout the passenger compartment.

(e) Notwithstanding (a), the oxygen supply requirements for cabin crew
member(s), additional crew member(s) and passenger(s), in the case of aero
planes not certified to fly at altitudes above 25 000 ft, may be reduced to the
entire flying time between 10 000 ft and 13 000 ft cabin pressure altitudes
for all required cabin crew members and for at least 10 % of the passengers
if, at all points along the route to be flown, the aeroplane is able to descend
safely within four minutes to a cabin pressure altitude of 13 000 ft.
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(f) The required minimum supply in Table 1, row 1 item (b)(1) and row 2, shall
cover the quantity of oxygen necessary for a constant rate of descent from
the aeroplanes maximum certified operating altitude to 10 000 ft in 10
minutes and followed by 20 minutes at 10 000 ft.

(g) The required minimum supply in Table 1, row 1 item 1(b)(2), shall cover
the quantity of oxygen necessary for a constant rate of descent from the
aeroplanes maximum certified operating altitude to 10 000 ft in 10 minutes
followed by 110 minutes at 10 000 ft.

(h) The required minimum supply in Table 1, row 3, shall cover the quantity of
oxygen necessary for a constant rate of descent from the aeroplanes
maximum certified operating altitude to 15 000 ft in 10 minutes.

Table 1
Oxygen minimum requirements for pressurised aeroplanes

Supply for Duration and cabin pressure altitude

1. Occupants of flight (a) The entire flying time when the cabin
crew compartment pressure altitude exceeds 13 000 ft.
seats on flight crew
(b) The remainder of the flying time when
compartment duty
the cabin pressure altitude exceeds
10 000 ft but does not exceed 13 000
ft, after the initial 30 minutes at these
altitudes, but in no case less than:
(1) 30 minutes supply for aeroplanes
certified to fly at altitudes not
exceeding 25 000 ft; and
(2) 2 hours supply for aeroplanes
certified to fly at altitudes of more
than 25 000 ft.

2. Required cabin crew (a) The entire flying time when the cabin
members pressure altitude exceeds 13 000 ft, but
not less than 30 minutes supply.
(b) The remainder of the flying time when
the cabin pressure altitude exceeds
10 000 ft but does not exceed 13 000
ft, after the initial 30 minutes at these
altitudes.

3. 100 % of passengers (*) The entire flying time when the cabin
pressure altitude exceeds 15 000 ft, but in
no case less than 10 minutes supply.

4. 30 % of passengers (*) The entire flying time when the cabin


pressure altitude exceeds 14 000 ft but does
not exceed 15 000 ft.

5. 10 % of passengers (*) The remainder of the flying time when the


cabin pressure altitude exceeds 10 000 ft but
does not exceed 14 000 ft, after the initial 30
minutes at these altitudes.

(*) Passenger numbers in Table 1 refer to passengers actually carried on board,


including persons younger than 24 months.
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CAT.IDE.A.240 Supplemental oxygen non-pressurised aeroplanes
Non-pressurised aeroplanes operated at pressure altitudes above 10 000 ft shall be
equipped with supplemental oxygen equipment capable of storing and dispensing
the oxygen supplies in accordance with Table 1.

Table 1
Oxygen minimum requirements for non-pressurised aeroplanes

Supply for Duration and cabin pressure altitude

1. Occupants of flight crew The entire flying time at pressure altitudes


compartment seats on flight above 10 000 ft.
crew compartment duty and
crew members assisting
flight crew in their duties

2. Required cabin crew The entire flying time at pressure altitudes


members above 13 000 ft and for any period
exceeding 30 minutes at pressure altitudes
above 10 000 ft but not exceeding 13 000 ft.

3. Additional crew members The entire flying time at pressure altitudes


and 100 % of above 13 000 ft.
passengers (*)

4. 10 % of passengers (*) The entire flying time after 30 minutes at


pressure altitudes above 10 000 ft but not
exceeding 13 000 ft.

(*) Passenger numbers in Table 1 refer to passengers actually carried on board, including
persons younger than 24 months.

CAT.IDE.A.245 Crew protective breathing equipment


(a) All pressurised aeroplanes and those unpressurised aeroplanes with an
MCTOM of more than 5 700 kg or having an MOPSC of more than 19
seats shall be equipped with protective breathing equipment (PBE) to protect
the eyes, nose and mouth and to provide for a period of at least 15 minutes:

(1) oxygen for each flight crew member on duty in the flight crew
compartment;

(2) breathing gas for each required cabin crew member, adjacent to his/her
assigned station; and

(3) breathing gas from a portable PBE for one member of the flight crew,
adjacent to his/her assigned station, in the case of aeroplanes operated
with a flight crew of more than one and no cabin crew member.

(b) A PBE intended for flight crew use shall be installed in the flight crew
compartment and be accessible for immediate use by each required flight
crew member at his/her assigned station.

(c) A PBE intended for cabin crew use shall be installed adjacent to each
required cabin crew member station.
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(d) Aeroplanes shall be equipped with an additional portable PBE installed
adjacent to the hand fire extinguisher referred to in CAT.IDE.A.250, or
adjacent to the entrance of the cargo compartment, in case the hand fire
extinguisher is installed in a cargo compartment.

(e) A PBE while in use shall not prevent the use of the means of communi
cation referred to in CAT.IDE.A.170, CAT.IDE.A.175, CAT.IDE.A.270 and
CAT.IDE.A.330.

CAT.IDE.A.250 Hand fire extinguishers


(a) Aeroplanes shall be equipped with at least one hand fire extinguisher in the
flight crew compartment.

(b) At least one hand fire extinguisher shall be located in, or readily accessible
for use in, each galley not located on the main passenger compartment.

(c) At least one hand fire extinguisher shall be available for use in each class A
or class B cargo or baggage compartment and in each class E cargo
compartment that is accessible to crew members in flight.

(d) The type and quantity of extinguishing agent for the required fire extin
guishers shall be suitable for the type of fire likely to occur in the
compartment where the extinguisher is intended to be used and to
minimise the hazard of toxic gas concentration in compartments occupied
by persons.

(e) Aeroplanes shall be equipped with at least a number of hand fire extin
guishers in accordance with Table 1, conveniently located to provide
adequate availability for use in each passenger compartment.

Table 1
Number of hand fire extinguishers

MOPSC Number of extinguishers

7-30 1

31-60 2

61-200 3

201-300 4

301-400 5

401-500 6

501-600 7

601 or more 8

CAT.IDE.A.255 Crash axe and crowbar


(a) Aeroplanes with an MCTOM of more than 5 700 kg or with an MOPSC of
more than nine shall be equipped with at least one crash axe or crowbar
located in the flight crew compartment.

(b) In the case of aeroplanes with an MOPSC of more than 200, an additional
crash axe or crowbar shall be installed in or near the rearmost galley area.

(c) Crash axes and crowbars located in the passenger compartment shall not be
visible to passengers.
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CAT.IDE.A.260 Marking of break-in points
If areas of the aeroplanes fuselage suitable for break-in by rescue crews in an
emergency are marked, such areas shall be marked as shown in Figure 1.

Figure 1
Marking of break-in points

CAT.IDE.A.265 Means for emergency evacuation


(a) Aeroplanes with passenger emergency exit sill heights of more than 1,83 m
(6 ft) above the ground shall be equipped at each of those exits with a
means to enable passengers and crew to reach the ground safely in an
emergency.
(b) Notwithstanding (a), such means are not required at overwing exits if the
designated place on the aeroplane structure at which the escape route
terminates is less than 1,83 m (6 ft) from the ground with the aeroplane
on the ground, the landing gear extended, and the flaps in the take-off or
landing position, whichever flap position is higher from the ground.
(c) Aeroplanes required to have a separate emergency exit for the flight crew
for which the lowest point of the emergency exit is more than 1,83 m (6 ft)
above the ground shall have a means to assist all flight crew members in
descending to reach the ground safely in an emergency.
(d) The heights referred to in (a) and (c) shall be measured:
(1) with the landing gear extended; and
(2) after the collapse of, or failure to extend of, one or more legs of the
landing gear, in the case of aeroplanes with a type certificate issued
after 31 March 2000.
CAT.IDE.A.270 Megaphones
Aeroplanes with an MOPSC of more than 60 and carrying at least one passenger
shall be equipped with the following quantities of portable battery-powered
megaphones readily accessible for use by crew members during an emergency
evacuation:
(a) For each passenger deck:
Table 1
Number of megaphones

Passenger seating configuration Number of megaphones

61 to 99 1

100 or more 2

(b) For aeroplanes with more than one passenger deck, in all cases when the
total passenger seating configuration is more than 60, at least one mega
phone.
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CAT.IDE.A.275 Emergency lighting and marking
(a) Aeroplanes with an MOPSC of more than nine shall be equipped with an
emergency lighting system having an independent power supply to facilitate
the evacuation of the aeroplane.

(b) In the case of aeroplanes with an MOPSC of more than 19, the emergency
lighting system, referred to in (a) shall include:

(1) sources of general cabin illumination;

(2) internal lighting in floor level emergency exit areas;

(3) illuminated emergency exit marking and locating signs;

(4) in the case of aeroplanes for which the application for the type
certificate or equivalent was filed before 1 May 1972, when operated
by night, exterior emergency lighting at all overwing exits and at exits
where descent assist means are required;

(5) in the case of aeroplanes for which the application for the type
certificate or equivalent was filed after 30 April 1972, when operated
by night, exterior emergency lighting at all passenger emergency exits;
and

(6) in the case of aeroplanes for which the type certificate was first issued
on or after 31 December 1957, floor proximity emergency escape path
marking system(s) in the passenger compartments.

(c) In the case of aeroplanes with an MOPSC of 19 or less and type certified on
the basis of the Agencys airworthiness codes, the emergency lighting
system, referred to in (a) shall include the equipment referred to in (b)(1)
to (3).

(d) In the case of aeroplanes with an MOPSC of 19 or less that are not certified
on the basis of the Agencys airworthiness codes, the emergency lighting
system, referred to in (a) shall include the equipment referred to in (b)(1).

(e) Aeroplanes with an MOPSC of nine or less, operated at night, shall be


equipped with a source of general cabin illumination to facilitate the
evacuation of the aeroplane.

CAT.IDE.A.280 Emergency locator transmitter (ELT)


(a) Aeroplanes with an MOPSC of more than 19 shall be equipped with at
least:

(1) two ELTs, one of which shall be automatic, in the case of aeroplanes
first issued with an individual CofA after 1 July 2008; or

(2) one automatic ELT or two ELTs of any type, in the case of aeroplanes
first issued with an individual CofA on or before 1 July 2008.
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(b) Aeroplanes with an MOPSC of 19 or less shall be equipped with at least:

(1) one automatic ELT, in the case of aeroplanes first issued with an
individual CofA after 1 July 2008; or

(2) one ELT of any type, in the case of aeroplanes first issued with an
individual CofA on or before 1 July 2008.

(c) An ELT of any type shall be capable of transmitting simultaneously on


121,5 MHz and 406 MHz.

CAT.IDE.A.285 Flight over water


(a) The following aeroplanes shall be equipped with a life-jacket for each
person on board or equivalent flotation device for each person on board
younger than 24 months, stowed in a position that is readily accessible from
the seat or berth of the person for whose use it is provided:

(1) landplanes operated over water at a distance of more than 50 NM from


the shore or taking off or landing at an aerodrome where the take-off or
approach path is so disposed over water that there would be a like
lihood of a ditching; and

(2) seaplanes operated over water.

(b) Each life-jacket or equivalent individual flotation device shall be equipped


with a means of electric illumination for the purpose of facilitating the
location of persons.

(c) Seaplanes operated over water shall be equipped with:

(1) a sea anchor and other equipment necessary to facilitate mooring,


anchoring or manoeuvring the seaplane on water, appropriate to its
size, weight and handling characteristics; and

(2) equipment for making the sound signals as prescribed in the Inter
national Regulations for Preventing Collisions at Sea, where applicable.

(d) Aeroplanes operated over water at a distance away from land suitable for
making an emergency landing, greater than that corresponding to:

(1) 120 minutes at cruising speed or 400 NM, whichever is the lesser, in
the case of aeroplanes capable of continuing the flight to an aerodrome
with the critical engine(s) becoming inoperative at any point along the
route or planned diversions; or

(2) for all other aeroplanes, 30 minutes at cruising speed or 100 NM,
whichever is the lesser,

shall be equipped with the equipment specified in (e).

(e) Aeroplanes complying with (d) shall carry the following equipment:

(1) life-rafts in sufficient numbers to carry all persons on board, stowed so


as to facilitate their ready use in an emergency, and being of sufficient
size to accommodate all the survivors in the event of a loss of one raft
of the largest rated capacity;

(2) a survivor locator light in each life-raft;


2012R0965 EN 25.08.2013 001.001 159

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(3) life-saving equipment to provide the means for sustaining life, as
appropriate for the flight to be undertaken; and

(4) at least two survival ELTs (ELT(S)).

CAT.IDE.A.305 Survival equipment


(a) Aeroplanes operated over areas in which search and rescue would be
especially difficult shall be equipped with:

(1) signalling equipment to make the distress signals;

(2) at least one ELT(S); and

(3) additional survival equipment for the route to be flown taking account
of the number of persons on board.

(b) The additional survival equipment specified in (a)(3) does not need to be
carried when the aeroplane:

(1) remains within a distance from an area where search and rescue is not
especially difficult corresponding to:

(i) 120 minutes at one-engine-inoperative (OEI) cruising speed for


aeroplanes capable of continuing the flight to an aerodrome with
the critical engine(s) becoming inoperative at any point along the
route or planned diversion routes; or

(ii) 30 minutes at cruising speed for all other aeroplanes;

(2) remains within a distance no greater than that corresponding to 90


minutes at cruising speed from an area suitable for making an
emergency landing, for aeroplanes certified in accordance with the
applicable airworthiness standard.

CAT.IDE.A.325 Headset
(a) Aeroplanes shall be equipped with a headset with a boom or throat
microphone or equivalent for each flight crew member at their assigned
station in the flight crew compartment.

(b) Aeroplanes operated under IFR or at night shall be equipped with a transmit
button on the manual pitch and roll control for each required flight crew
member.

CAT.IDE.A.330 Radio communication equipment


(a) Aeroplanes shall be equipped with the radio communication equipment
required by the applicable airspace requirements.

(b) The radio communication equipment shall provide for communication on


the aeronautical emergency frequency 121,5 MHz.

CAT.IDE.A.335 Audio selector panel


Aeroplanes operated under IFR shall be equipped with an audio selector panel
operable from each required flight crew member station.

CAT.IDE.A.340 Radio equipment for operations under VFR over routes


navigated by reference to visual landmarks
Aeroplanes operated under VFR over routes navigated by reference to visual
landmarks shall be equipped with radio communication equipment necessary
under normal radio propagation conditions to fulfil the following:

(a) communicate with appropriate ground stations;


2012R0965 EN 25.08.2013 001.001 160

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(b) communicate with appropriate ATC stations from any point in controlled
airspace within which flights are intended; and

(c) receive meteorological information.

CAT.IDE.A.345 Communication and navigation equipment for operations


under IFR or under VFR over routes not navigated by reference to visual
landmarks
(a) Aeroplanes operated under IFR or under VFR over routes that cannot be
navigated by reference to visual landmarks shall be equipped with radio
communication and navigation equipment in accordance with the applicable
airspace requirements.

(b) Radio communication equipment shall include at least two independent


radio communication systems necessary under normal operating conditions
to communicate with an appropriate ground station from any point on the
route, including diversions.

(c) Notwithstanding (b), aeroplanes operated for short haul operations in the
North Atlantic minimum navigation performance specifications (NAT
MNPS) airspace and not crossing the North Atlantic shall be equipped
with at least one long range communication system, in case alternative
communication procedures are published for the airspace concerned.

(d) Aeroplanes shall have sufficient navigation equipment to ensure that, in the
event of the failure of one item of equipment at any stage of the flight, the
remaining equipment shall allow safe navigation in accordance with the
flight plan.

(e) Aeroplanes operated on flights in which it is intended to land in IMC shall


be equipped with suitable equipment capable of providing guidance to a
point from which a visual landing can be performed for each aerodrome at
which it is intended to land in IMC and for any designated alternate aero
drome.

CAT.IDE.A.350 Transponder
Aeroplanes shall be equipped with a pressure altitude reporting secondary
surveillance radar (SSR) transponder and any other SSR transponder capability
required for the route being flown.

CAT.IDE.A.355 Electronic navigation data management


(a) The operator shall only use electronic navigation data products that support
a navigation application meeting standards of integrity that are adequate for
the intended use of the data.

(b) When the electronic navigation data products support a navigation appli
cation needed for an operation for which Annex V (Part-SPA) requires an
approval, the operator shall demonstrate to the competent authority that the
process applied and the delivered products meet standards of integrity that
are adequate for the intended use of the data.

(c) The operator shall continuously monitor the integrity of both the process
and the products, either directly or by monitoring the compliance of third
party providers.

(d) The operator shall ensure the timely distribution and insertion of current and
unaltered electronic navigation data to all aeroplanes that require it.
2012R0965 EN 25.08.2013 001.001 161

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SECTION 2
Helicopters
CAT.IDE.H.100 Instruments and equipment general
(a) Instruments and equipment required by this Subpart shall be approved in
accordance with Regulation (EC) No 1702/2003, except for the following
items:

(1) Spare fuses;

(2) Independent portable lights;

(3) An accurate time piece;

(4) Chart holder;

(5) First-aid kit;

(6) Megaphones;

(7) Survival and signalling equipment;

(8) Sea anchors and equipment for mooring; and

(9) Child restraint devices.

(b) Instruments and equipment not required by this Subpart that do not need to
be approved in accordance with Regulation (EC) No 1702/2003 but are
carried on a flight, shall comply with the following:

(1) the information provided by these instruments, equipment or acces


sories shall not be used by the flight crew to comply with Annex 1
to Regulation (EC) No 216/2008 or CAT.IDE.H.330, CAT.IDE.H.335,
CAT.IDE.H.340 and CAT.IDE.H.345; and

(2) the instruments and equipment shall not affect the airworthiness of the
helicopter, even in the case of failures or malfunction.

(c) If equipment is to be used by one flight crew member at his/her station


during flight, it must be readily operable from that station. When a single
item of equipment is required to be operated by more than one flight crew
member it must be installed so that the equipment is readily operable from
any station at which the equipment is required to be operated.

(d) Those instruments that are used by any flight crew member shall be so
arranged as to permit the flight crew member to see the indications
readily from his/her station, with the minimum practicable deviation from
the position and line of vision that he/she normally assumes when looking
forward along the flight path.

(e) All required emergency equipment shall be easily accessible for immediate
use.

CAT.IDE.H.105 Minimum equipment for flight


A flight shall not be commenced when any of the helicopters instruments, items
of equipment or functions required for the intended flight are inoperative or
missing, unless:

(a) the helicopter is operated in accordance with the operators MEL; or

(b) the operator is approved by the competent authority to operate the helicopter
within the constraints of the MMEL.
2012R0965 EN 25.08.2013 001.001 162

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CAT.IDE.H.115 Operating lights
(a) Helicopters operated under VFR by day shall be equipped with an
anti-collision light system.

(b) Helicopters operated at night or under IFR shall, in addition to (a), be


equipped with:

(1) lighting supplied from the helicopters electrical system to provide


adequate illumination for all instruments and equipment essential to
the safe operation of the helicopter;

(2) lighting supplied from the helicopters electrical system to provide


illumination in all passenger compartments;

(3) an independent portable light for each required crew member readily
accessible to crew members when seated at their designated stations;

(4) navigation/position lights;

(5) two landing lights of which at least one is adjustable in flight so as to


illuminate the ground in front of and below the helicopter and the
ground on either side of the helicopter; and

(6) lights to conform with the International Regulations for Preventing


Collisions at Sea if the helicopter is amphibious.

CAT.IDE.H.125 Operations under VFR by day flight and navigational


instruments and associated equipment
(a) Helicopters operated under VFR by day shall be equipped with the
following equipment, available at the pilots station:

(1) A means of measuring and displaying:

(i) Magnetic heading;

(ii) Time in hours, minutes, and seconds;

(iii) Pressure altitude;

(iv) Indicated airspeed;

(v) Vertical speed;

(vi) Slip; and

(vii) Outside air temperature.

(2) A means of indicating when the supply of power to the required flight
instruments is not adequate.

(b) Whenever two pilots are required for the operation, an additional separate
means of displaying the following shall be available for the second pilot:

(1) Pressure altitude;

(2) Indicated airspeed;

(3) Vertical speed; and

(4) Slip.

(c) Helicopters with an MCTOM of more than 3 175 kg or any helicopter


operating over water when out of sight of land or when the visibility is
less than 1 500 m, shall be equipped with a means of measuring and
displaying:

(1) Attitude; and

(2) Heading.
2012R0965 EN 25.08.2013 001.001 163

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(d) A means for preventing malfunction of the airspeed indicating systems due
to condensation or icing shall be available for helicopters with an MCTOM
of more than 3 175 kg or an MOPSC of more than nine.

CAT.IDE.H.130 Operations under IFR or at night flight and navi


gational instruments and associated equipment
Helicopters operated under VFR at night or under IFR shall be equipped with the
following equipment, available at the pilots station:

(a) A means of measuring and displaying:

(1) Magnetic heading;

(2) Time in hours, minutes and seconds;

(3) Indicated airspeed;

(4) Vertical speed;

(5) Slip;

(6) Attitude;

(7) Stabilised heading; and

(8) Outside air temperature.

(b) Two means of measuring and displaying pressure altitude. For single-pilot
operations under VFR at night one pressure altimeter may be substituted by
a radio altimeter.

(c) A means of indicating when the supply of power to the required flight
instruments is not adequate.

(d) A means of preventing malfunction of the airspeed indicating systems


required in (a)(3) and (h)(2) due to either condensation or icing.

(e) A means of annunciating to the flight crew the failure of the means required
in (d) for helicopters:

(1) issued with an individual CofA on or after 1 August 1999; or

(2) issued with an individual CofA before 1 August 1999 with an


MCTOM of more than 3 175 kg, and with an MOPSC of more than
nine.

(f) A standby means of measuring and displaying attitude that:

(1) is powered continuously during normal operation and, in the event of a


total failure of the normal electrical generating system, is powered from
a source independent of the normal electrical generating system;

(2) operates independently of any other means of measuring and displaying


attitude;

(3) is capable of being used from either pilots station;

(4) is operative automatically after total failure of the normal electrical


generating system;

(5) provides reliable operation for a minimum of 30 minutes or the time


required to fly to a suitable alternate landing site when operating over
hostile terrain or offshore, whichever is greater, after total failure of the
normal electrical generating system, taking into account other loads on
the emergency power supply and operational procedures;
2012R0965 EN 25.08.2013 001.001 164

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(6) is appropriately illuminated during all phases of operation; and

(7) is associated with a means to alert the flight crew when operating under
its dedicated power supply, including when operated by emergency
power.

(g) An alternate source of static pressure for the means of measuring altitude,
airspeed and vertical speed.

(h) Whenever two pilots are required for the operation, a separate means for
displaying for the second pilot:

(1) Pressure altitude;

(2) Indicated airspeed;

(3) Vertical speed;

(4) Slip;

(5) Attitude; and

(6) Stabilised heading.

(i) For IFR operations, a chart holder in an easily readable position that can be
illuminated for night operations.

CAT.IDE.H.135 Additional equipment for single-pilot operation under IFR


Helicopters operated under IFR with a single-pilot shall be equipped with an
autopilot with at least altitude hold and heading mode.

CAT.IDE.H.145 Radio altimeters


(a) Helicopters on flights over water shall be equipped with a radio altimeter
capable of emitting an audio warning below a pre-set height and a visual
warning at a height selectable by the pilot, when operating:

(1) out of sight of the land;

(2) in a visibility of less than 1 500 m;

(3) at night; or

(4) at a distance from land corresponding to more than three minutes at


normal cruising speed.

CAT.IDE.H.160 Airborne weather detecting equipment


Helicopters with an MOPSC of more than nine and operated under IFR or at
night shall be equipped with airborne weather detecting equipment when current
weather reports indicate that thunderstorms or other potentially hazardous
weather conditions, regarded as detectable with airborne weather detecting
equipment, may be expected to exist along the route to be flown.

CAT.IDE.H.165 Additional equipment for operations in icing conditions at


night
(a) Helicopters operated in expected or actual icing conditions at night shall be
equipped with a means to illuminate or detect the formation of ice.

(b) The means to illuminate the formation of ice shall not cause glare or
reflection that would handicap crew members in the performance of their
duties.
2012R0965 EN 25.08.2013 001.001 165

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CAT.IDE.H.170 Flight crew interphone system
Helicopters operated by more than one flight crew member shall be equipped
with a flight crew interphone system, including headsets and microphones for use
by all flight crew members.

CAT.IDE.H.175 Crew member interphone system


Helicopters shall be equipped with a crew member interphone system when
carrying a crew member other than a flight crew member.

CAT.IDE.H.180 Public address system


(a) Helicopters with an MOPSC of more than nine shall be equipped with a
public address system, with the exception of (b).

(b) Notwithstanding (a) helicopters with an MOPSC of more than nine and less
than 20 are exempted from having a public address system, if:

(1) the helicopter is designed without a bulkhead between pilot and


passengers; and

(2) the operator is able to demonstrate that when in flight, the pilots voice
is audible and intelligible at all passengers seats.

CAT.IDE.H.185 Cockpit voice recorder


(a) The following helicopter types shall be equipped with a cockpit voice
recorder (CVR):

(1) all helicopters with an MCTOM of more than 7 000 kg; and

(2) helicopters with an MCTOM of more than 3 175 kg and first issued
with an individual CofA on or after 1 January 1987.

(b) The CVR shall be capable of retaining the data recorded during at least:

(1) the preceding two hours for helicopters referred to in (a)(1) and (a)(2),
when first issued with an individual CofA on or after 1 January 2016;

(2) the preceding one hour for helicopters referred to in (a)(1), when first
issued with an individual CofA on or after 1 August 1999 and before
1 January 2016;

(3) the preceding 30 minutes for helicopters referred to in (a)(1), when first
issued with an individual CofA before 1 August 1999; or

(4) the preceding 30 minutes for helicopters referred to in (a)(2), when first
issued with an individual CofA before 1 January 2016.

(c) The CVR shall record with reference to a timescale:

(1) voice communications transmitted from or received in the flight crew


compartment by radio;

(2) flight crew members voice communications using the interphone


system and the public address system, if installed;
2012R0965 EN 25.08.2013 001.001 166

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(3) the aural environment of the flight crew compartment, including
without interruption:

(i) for helicopters first issued with an individual CofA on or after


1 August 1999, the audio signals received from each crew micro
phone;

(ii) for helicopters first issued with an individual CofA before


1 August 1999, the audio signals received from each crew micro
phone, where practicable;

(4) voice or audio signals identifying navigation or approach aids


introduced into a headset or speaker.

(d) The CVR shall start to record prior to the helicopter moving under its own
power and shall continue to record until the termination of the flight when
the helicopter is no longer capable of moving under its own power.

(e) In addition to (d), for helicopters referred to in (a)(2) issued with an indi
vidual CofA on or after 1 August 1999:

(1) the CVR shall start automatically to record prior to the helicopter
moving under its own power and continue to record until the
termination of the flight when the helicopter is no longer capable of
moving under its own power; and

(2) depending on the availability of electrical power, the CVR shall start to
record as early as possible during the cockpit checks prior to engine
start at the beginning of the flight until the cockpit checks immediately
following engine shutdown at the end of the flight.

(f) The CVR shall have a device to assist in locating it in water.

CAT.IDE.H.190 Flight data recorder


(a) The following helicopters shall be equipped with an FDR that uses a digital
method of recording and storing data and for which a method of readily
retrieving that data from the storage medium is available:

(1) helicopters with an MCTOM of more than 3 175 kg and first issued
with an individual CofA on or after 1 August 1999;

(2) helicopters with an MCTOM of more than 7 000 kg, or an MOPSC of


more than nine, and first issued with an individual CofA on or after
1 January 1989 but before 1 August 1999.

(b) The FDR shall record the parameters required to determine accurately the:

(1) flight path, speed, attitude, engine power, operation and configuration
and be capable of retaining the data recorded during at least the
preceding 10 hours, for helicopters referred to in (a)(1) and first
issued with an individual CofA on or after 1 January 2016;

(2) flight path, speed, attitude, engine power and operation and be capable
of retaining the data recorded during at least the preceding eight hours,
for helicopters referred to in (a)(1) and first issued with an individual
CofA before 1 January 2016;
2012R0965 EN 25.08.2013 001.001 167

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(3) flight path, speed, attitude, engine power and operation and be capable
of retaining the data recorded during at least the preceding five hours,
for helicopters referred to in (a)(2).

(c) Data shall be obtained from helicopter sources that enable accurate
correlation with information displayed to the flight crew.

(d) The FDR shall automatically start to record the data prior to the helicopter
being capable of moving under its own power and shall stop automatically
after the helicopter is incapable of moving under its own power.

(e) The FDR shall have a device to assist in locating it in water.

CAT.IDE.H.195 Data link recording


(a) Helicopters first issued with an individual CofA on or after 8 April 2014
that have the capability to operate data link communications and are
required to be equipped with a CVR, shall record on a recorder, where
applicable:

(1) data link communication messages related to ATS communications to


and from the helicopter, including messages applying to the following
applications:

(i) data link initiation;

(ii) controller-pilot communication;

(iii) addressed surveillance;

(iv) flight information;

(v) as far as is practicable, given the architecture of the system,


aircraft broadcast surveillance;

(vi) as far as is practicable, given the architecture of the system,


aircraft operational control data;

(vii) as far as is practicable, given the architecture of the system,


graphics;

(2) information that enables correlation to any associated records related to


data link communications and stored separately from the helicopter;
and

(3) information on the time and priority of data link communications


messages, taking into account the systems architecture.

(b) The recorder shall use a digital method of recording and storing data and
information and a method of readily retrieving that data shall be available.
The recording method shall allow the data to match the data recorded on the
ground.

(c) The recorder shall be capable of retaining data recorded for at least the same
duration as set out for CVRs in CAT.IDE.H.185.
2012R0965 EN 25.08.2013 001.001 168

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(d) The recorder shall have a device to assist in locating it in water.

(e) The requirements applicable to the start and stop logic of the recorder are
the same as the requirements applicable to the start and stop logic of the
CVR contained in CAT.IDE.H.185(d) and (e).

CAT.IDE.H.200 Flight data and cockpit voice combination recorder


Compliance with CVR and FDR requirements may be achieved by the carriage
of one combination recorder.

CAT.IDE.H.205 Seats, seat safety belts, restraint systems and child restraint
devices
(a) Helicopters shall be equipped with:

(1) a seat or berth for each person on board who is aged 24 months or
more;

(2) a seat belt on each passenger seat and restraining belts for each berth;

(3) for helicopters first issued with an individual CofA on or after


1 August 1999, a safety belt with upper torso restraint system for
use on each passenger seat for each passenger aged 24 months or more;

(4) a child restraint device (CRD) for each person on board younger than
24 months;

(5) a seat belt with upper torso restraint system incorporating a device that
will automatically restrain the occupants torso in the event of rapid
deceleration on each flight crew seat;

(6) a seat belt with upper torso restraint system on each seat for the
minimum required cabin crew.

(b) A seat belt with upper torso restraint system shall:

(1) have a single point release; and

(2) on flight crew seats and on the seats for the minimum required cabin
crew include two shoulder straps and a seat belt that may be used
independently.

CAT.IDE.H.210 Fasten seat belt and no smoking signs


Helicopters in which not all passenger seats are visible from the flight crew
seat(s) shall be equipped with a means of indicating to all passengers and
cabin crew when seat belts shall be fastened and when smoking is not allowed.

CAT.IDE.H.220 First-aid kits


(a) Helicopters shall be equipped with at least one first-aid kit.

(b) First-aid kits shall be:

(1) readily accessible for use;

(2) kept up to date.


2012R0965 EN 25.08.2013 001.001 169

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CAT.IDE.H.240 Supplemental oxygen non-pressurised helicopters
Non-pressurised helicopters operated at pressure altitudes above 10 000 ft shall
be equipped with supplemental oxygen equipment capable of storing and
dispensing the oxygen supplies in accordance with the following tables.

Table 1
Oxygen minimum requirements for complex non-pressurised helicopters

Supply for Duration and cabin pressure altitude

1. Occupants of flight crew The entire flying time at pressure altitudes above
compartment seats on 10 000 ft.
flight crew compartment
duty and crew members
assisting flight crew in
their duties

2. Required cabin crew The entire flying time at pressure altitudes above
members 13 000 ft and for any period exceeding 30
minutes at pressure altitudes above 10 000 ft
but not exceeding 13 000 ft.

3. Additional crew The entire flying time at pressure altitudes above


members and 100 % of 13 000 ft.
passengers (*)

4. 10 % of passengers (*) The entire flying time after 30 minutes at


pressure altitudes above 10 000 ft but not
exceeding 13 000 ft.

(*) Passenger numbers in Table 1 refer to passengers actually carried on board including
persons younger than 24 months.

Table 2
Oxygen minimum requirements for other-than-complex non-pressurised
helicopters

Supply for Duration and cabin pressure altitude

1. Occupants of flight crew The entire flying time at pressure altitudes above
compartment seats on 13 000 ft and for any period exceeding 30
flight crew compartment minutes at pressure altitudes above 10 000 ft
duty, crew members but not exceeding 13 000 ft.
assisting flight crew in
their duties, and
required cabin crew
members

2. Additional crew The entire flying time at pressure altitudes above


members and 100 % of 13 000 ft.
passengers (*)

3. 10 % of passengers (*) The entire flying time after 30 minutes at


pressure altitudes above 10 000 ft but not
exceeding 13 000 ft.

(*) Passenger numbers in Table 2 refer to passengers actually carried on board including
persons younger than 24 months.
2012R0965 EN 25.08.2013 001.001 170

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CAT.IDE.H.250 Hand fire extinguishers
(a) Helicopters shall be equipped with at least one hand fire extinguisher in the
flight crew compartment.

(b) At least one hand fire extinguisher shall be located in, or readily accessible
for use in, each galley not located on the main passenger compartment.

(c) At least one hand fire extinguisher shall be available for use in each cargo
compartment that is accessible to crew members in flight.

(d) The type and quantity of extinguishing agent for the required fire extin
guishers shall be suitable for the type of fire likely to occur in the
compartment where the extinguisher is intended to be used and to
minimise the hazard of toxic gas concentration in compartments occupied
by persons.

(e) The helicopter shall be equipped with at least a number of hand fire extin
guishers in accordance with Table 1, conveniently located to provide
adequate availability for use in each passenger compartment.

Table 1
Number of hand fire extinguishers

MOPSC Number of extinguishers

7-30 1

31-60 2

61-200 3

CAT.IDE.H.260 Marking of break-in points


If areas of the helicopters fuselage suitable for break-in by rescue crews in an
emergency are marked, such areas shall be marked as shown in Figure 1.

Figure 1
Marking of break-in points

CAT.IDE.H.270 Megaphones
Helicopters with an MOPSC of more than 19 shall be equipped with one portable
battery-powered megaphone readily accessible for use by crew members during
an emergency evacuation.
2012R0965 EN 25.08.2013 001.001 171

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CAT.IDE.H.275 Emergency lighting and marking
(a) Helicopters with an MOPSC of more than 19 shall be equipped with:

(1) an emergency lighting system having an independent power supply to


provide a source of general cabin illumination to facilitate the
evacuation of the helicopter; and

(2) emergency exit marking and locating signs visible in daylight or in the
dark.

(b) Helicopters shall be equipped with emergency exit markings visible in


daylight or in the dark when operated:

(1) in performance class 1 or 2 on a flight over water at a distance from


land corresponding to more than 10 minutes flying time at normal
cruising speed;

(2) in performance class 3 on a flight over water at a distance


corresponding to more than three minutes flying time at normal
cruising speed.

CAT.IDE.H.280 Emergency locator transmitter (ELT)


(a) Helicopters shall be equipped with at least one automatic ELT.

(b) Helicopters operating in performance class 1 or 2 used in offshore oper


ations on a flight over water in a hostile environment and at a distance from
land corresponding to more than 10 minutes flying time at normal cruising
speed shall be equipped with an automatically deployable ELT (ELT(AD)).

(c) An ELT of any type shall be capable of transmitting simultaneously on


121,5 MHz and 406 MHz.

CAT.IDE.H.290 Life-jackets
(a) Helicopters shall be equipped with a life-jacket for each person on board or
equivalent floatation device for each person on board younger than 24
months, stowed in a position that is readily accessible from the seat or
berth of the person for whose use it is provided, when operated in:

(1) performance class 1 or 2 on a flight over water at a distance from land


corresponding to more than 10 minutes flying time at normal cruising
speed;

(2) performance class 3 on a flight over water beyond autorotational


distance from land;

(3) performance class 2 or 3 when taking off or landing at an aerodrome or


operating site where the take-off or approach path is over water.

(b) Each life-jacket or equivalent individual flotation device shall be equipped


with a means of electric illumination for the purpose of facilitating the
location of persons.

CAT.IDE.H.295 Crew survival suits


Each crew member shall wear a survival suit when operating:

(a) in performance class 1 or 2 on a flight over water in support of offshore


operations, at a distance from land corresponding to more than 10 minutes
flying time at normal cruising speed, when the weather report or forecasts
available to the commander indicate that the sea temperature will be less
than plus 10 C during the flight, or when the estimated rescue time
exceeds the estimated survival time;
2012R0965 EN 25.08.2013 001.001 172

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(b) in performance class 3 on a flight over water beyond autorotational distance
or safe forced landing distance from land, when the weather report or
forecasts available to the commander indicate that the sea temperature
will be less than plus 10 C during the flight.

CAT.IDE.H.300 Life-rafts, survival ELTs and survival equipment on


extended overwater flights
Helicopters operated:

(a) in performance class 1 or 2 on a flight over water at a distance from land


corresponding to more than 10 minutes flying time at normal cruising speed;

(b) in performance class 3 on a flight over water at a distance corresponding to


more than three minutes flying time at normal cruising speed, shall be
equipped with:

(1) in the case of a helicopter carrying less than 12 persons, at least one
life-raft with a rated capacity of not less than the maximum number of
persons on board, stowed so as to facilitate its ready use in an
emergency;

(2) in the case of a helicopter carrying more than 11 persons, at least two
life-rafts, stowed so as to facilitate their ready use in an emergency,
sufficient together to accommodate all persons capable of being carried
on board and, if one is lost, the remaining life-raft(s) having, the
overload capacity sufficient to accommodate all persons on the heli
copter;

(3) at least one survival ELT (ELT(S)) for each required life-raft; and

(4) life-saving equipment, including means of sustaining life, as appro


priate to the flight to be undertaken.

CAT.IDE.H.305 Survival equipment


Helicopters operated over areas in which search and rescue would be especially
difficult shall be equipped with:

(a) signalling equipment to make distress signals;

(b) at least one ELT(S); and

(c) additional survival equipment for the route to be flown taking account of the
number of persons on board.

CAT.IDE.H.310 Additional requirements for helicopters conducting


offshore operations in a hostile sea area
Helicopters operated in offshore operations in a hostile sea area, at a distance
from land corresponding to more than 10 minutes flying time at normal cruising
speed, shall comply with the following:

(a) When the weather report or forecasts available to the commander indicate
that the sea temperature will be less than plus 10 C during the flight, or
when the estimated rescue time exceeds the calculated survival time, or the
flight is planned to be conducted at night, all persons on board shall wear a
survival suit.

(b) All life-rafts carried in accordance with CAT.IDE.H.300 shall be installed so


as to be usable in the sea conditions in which the helicopters ditching,
flotation and trim characteristics were evaluated in order to comply with
the ditching requirements for certification.
2012R0965 EN 25.08.2013 001.001 173

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(c) The helicopter shall be equipped with an emergency lighting system with an
independent power supply to provide a source of general cabin illumination
to facilitate the evacuation of the helicopter.

(d) All emergency exits, including crew emergency exits, and the means for
opening them shall be conspicuously marked for the guidance of occupants
using the exits in daylight or in the dark. Such markings shall be designed
to remain visible if the helicopter is capsized and the cabin is submerged.

(e) All non-jettisonable doors that are designated as ditching emergency exits
shall have a means of securing them in the open position so that they do not
interfere with occupants egress in all sea conditions up to the maximum
required to be evaluated for ditching and flotation.

(f) All doors, windows or other openings in the passenger compartment


assessed as suitable for the purpose of underwater escape shall be
equipped so as to be operable in an emergency.

(g) Life-jackets shall be worn at all times, unless the passenger or crew member
is wearing an integrated survival suit that meets the combined requirement
of the survival suit and life-jacket.

CAT.IDE.H.315 Helicopters certified for operating on water miscel


laneous equipment
Helicopters certified for operating on water shall be equipped with:

(a) a sea anchor and other equipment necessary to facilitate mooring, anchoring
or manoeuvring the helicopter on water, appropriate to its size, weight and
handling characteristics; and

(b) equipment for making the sound signals prescribed in the International
Regulations for Preventing Collisions at Sea, where applicable.

CAT.IDE.H.320 All helicopters on flights over water ditching


(a) Helicopters shall be designed for landing on water or certified for ditching
in accordance with the relevant airworthiness code when operated in
performance class 1 or 2 on a flight over water in a hostile environment
at a distance from land corresponding to more than 10 minutes flying time
at normal cruise speed.

(b) Helicopters shall be designed for landing on water or certified for ditching
in accordance the relevant airworthiness code or fitted with emergency
flotation equipment when operated in:

(1) performance class 1 or 2 on a flight over water in a non-hostile


environment at a distance from land corresponding to more than 10
minutes flying time at normal cruise speed;

(2) performance class 2, when taking off or landing over water, except in
the case of helicopter emergency medical services (HEMS) operations,
where for the purpose of minimising exposure, the landing or take-off
at a HEMS operating site located in a congested environment is
conducted over water;

(3) performance class 3 on a flight over water beyond safe forced landing
distance from land.
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CAT.IDE.H.325 Headset
Whenever a radio communication and/or radio navigation system is required,
helicopters shall be equipped with a headset with boom microphone or equivalent
and a transmit button on the flight controls for each required pilot and/or crew
member at his/her assigned station.
CAT.IDE.H.330 Radio communication equipment
(a) Helicopters shall be equipped with the radio communication equipment
required by the applicable airspace requirements.
(b) The radio communication equipment shall provide for communication on
the aeronautical emergency frequency 121,5 MHz.
CAT.IDE.H.335 Audio selector panel
Helicopters operated under IFR shall be equipped with an audio selector panel
operable from each required flight crew member station.
CAT.IDE.H.340 Radio equipment for operations under VFR over routes
navigated by reference to visual landmarks
Helicopters operated under VFR over routes that can be navigated by reference
to visual landmarks shall be equipped with radio communication equipment
necessary under normal radio propagation conditions to fulfil the following:
(a) communicate with appropriate ground stations;
(b) communicate with appropriate ATC stations from any point in controlled
airspace within which flights are intended; and
(c) receive meteorological information.
CAT.IDE.H.345 Communication and navigation equipment for operations
under IFR or under VFR over routes not navigated by reference to visual
landmarks
(a) Helicopters operated under IFR or under VFR over routes that cannot be
navigated by reference to visual landmarks shall be equipped with radio
communication and navigation equipment in accordance with the applicable
airspace requirements.
(b) Radio communication equipment shall include at least two independent
radio communication systems necessary under normal operating conditions
to communicate with an appropriate ground station from any point on the
route, including diversions.
(c) Helicopters shall have sufficient navigation equipment to ensure that, in the
event of the failure of one item of equipment at any stage of the flight, the
remaining equipment shall allow safe navigation in accordance with the
flight plan.
(d) Helicopters operated on flights in which it is intended to land in IMC shall
be equipped with suitable equipment capable of providing guidance to a
point from which a visual landing can be performed for each aerodrome at
which it is intended to land in IMC and for any designated alternate aero
dromes.
CAT.IDE.H.350 Transponder
Helicopters shall be equipped with a pressure altitude reporting secondary
surveillance radar (SSR) transponder and any other SSR transponder capability
required for the route being flown.
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ANNEX V

SPECIFIC APPROVALS
[PART-SPA]
SUBPART A
GENERAL REQUIREMENTS
SPA.GEN.100 Competent authority
M1
(a) The competent authority for issuing a specific approval shall be:

(1) for the commercial air transport operator the authority of the Member
State in which the operator has its principal place of business;

(2) for the non-commercial operator the authority of the State in which the
operator is established or residing.

(b) Notwithstanding (a)(2), for the non-commercial operator using aircraft


registered in a third country, the applicable requirements under this
Annex for the approval of the following operations shall not apply if
these approvals are issued by a third country State of Registry:

(1) Performance-based navigation (PBN);

(2) Minimum operational performance specifications (MNPS);

(3) Reduced vertical separation minima (RVSM) airspace.

B
SPA.GEN.105 Application for a specific approval
(a) The operator applying for the initial issue of a specific approval shall
provide to the competent authority the documentation required in the
applicable Subpart, together with the following information:

(1) the name, address and mailing address of the applicant;

(2) a description of the intended operation.

(b) The operator shall provide the following evidence to the competent auth
ority:

(1) compliance with the requirements of the applicable Subpart;

(2) that the relevant elements defined in the data established in accordance
with Regulation (EC) No 1702/2003 are taken into account.

(c) The operator shall retain records relating to (a) and (b) at least for the
duration of the operation requiring a specific approval, or, if applicable,
in accordance with Annex III (Part-ORO).

SPA.GEN.110 Privileges of an operator holding a specific approval


M1
The scope of the activity that an operator is approved to conduct shall be docu
mented and specified:

(a) for operators holding an air operator certificate (AOC) in the operations
specifications to the AOC;

(b) for all other operators in the list of specific approvals.

B
SPA.GEN.115 Changes to a specific approval
When the conditions of a specific approval are affected by changes, the operator
shall provide the relevant documentation to the competent authority and obtain
prior approval for the operation.
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SPA.GEN.120 Continued validity of a specific approval
Specific approvals shall be issued for an unlimited duration and shall remain
valid subject to the operator remaining in compliance with the requirements
associated with the specific approval and taking into account the relevant
elements defined in the data established in accordance with Regulation (EC)
No 1702/2003.

SUBPART B
PERFORMANCE-BASED NAVIGATION (PBN) OPERATIONS
SPA.PBN.100 PBN operations
Aircraft shall only be operated in designated airspace, on routes or in accordance
with procedures where performance-based navigation (PBN) specifications are
established if the operator has been granted an approval by the competent
authority to conduct such operations. No specific approval is required for oper
ations in area navigation 5 (RNAV5 (basic area navigation, B-RNAV))
designated airspace.

SPA.PBN.105 PBN operational approval


To obtain a PBN operational approval from the competent authority, the operator
shall provide evidence that:

(a) the relevant airworthiness approval of the RNAV system has been obtained;

(b) a training programme for the flight crew members involved in these oper
ations has been established;

(c) operating procedures have been established specifying:

(1) the equipment to be carried, including its operating limitations and


appropriate entries in the minimum equipment list (MEL);

(2) flight crew composition and experience requirements;

(3) normal procedures;

(4) contingency procedures;

(5) monitoring and incident reporting;

(6) electronic navigation data management.

SUBPART C
OPERATIONS WITH SPECIFIED MINIMUM NAVIGATION
PERFORMANCE (MNPS)
SPA.MNPS.100 MNPS operations
Aircraft shall only be operated in designated minimum navigation performance
specifications (MNPS) airspace in accordance with regional supplementary
procedures, where minimum navigation performance specifications are estab
lished, if the operator has been granted an approval by the competent authority
to conduct such operations.

SPA.MNPS.105 MNPS operational approval


To obtain an MNPS operational approval from the competent authority, the
operator shall provide evidence that:

(a) the navigation equipment meets the required performance;

(b) navigation displays, indicators and controls are visible and operable by
either pilot seated at his/her duty station;
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(c) a training programme for the flight crew members involved in these oper
ations has been established;

(d) operating procedures have been established specifying:

(1) the equipment to be carried, including its operating limitations and


appropriate entries in the MEL;

(2) flight crew composition and experience requirements;

(3) normal procedures;

(4) contingency procedures including those specified by the authority


responsible for the airspace concerned;

(5) monitoring and incident reporting.

SUBPART D
OPERATIONS IN AIRSPACE WITH REDUCED VERTICAL SEPARATION
MINIMA (RVSM)
SPA.RVSM.100 RVSM operations
Aircraft shall only be operated in designated airspace where a reduced vertical
separation minimum of 300 m (1 000 ft) applies between flight level (FL) 290
and FL 410, inclusive, if the operator has been granted an approval by the
competent authority to conduct such operations.

SPA.RVSM.105 RVSM operational approval


To obtain an RVSM operational approval from the competent authority, the
operator shall provide evidence that:

(a) the RVSM airworthiness approval has been obtained;

(b) procedures for monitoring and reporting height-keeping errors have been
established;

(c) a training programme for the flight crew members involved in these oper
ations has been established;

(d) operating procedures have been established specifying:

(1) the equipment to be carried, including its operating limitations and


appropriate entries in the MEL;

(2) flight crew composition and experience requirements;

(3) flight planning;

(4) pre-flight procedures;

(5) procedures prior to RVSM airspace entry;

(6) in-flight procedures;

(7) post-flight procedures;

(8) incident reporting;

(9) specific regional operating procedures.


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SPA.RVSM.110 RVSM equipment requirements
Aircraft used for operations in RVSM airspace shall be equipped with:

(a) two independent altitude measurement systems;

(b) an altitude alerting system;

(c) an automatic altitude control system;

(d) a secondary surveillance radar (SSR) transponder with altitude reporting


system that can be connected to the altitude measurement system in use
for altitude control.

SPA.RVSM.115 RVSM height-keeping errors


(a) The operator shall report recorded or communicated occurrences of
height-keeping errors caused by malfunction of aircraft equipment or of
operational nature, equal to or greater than:

(1) a total vertical error (TVE) of 90 m ( 300 ft);

(2) an altimetry system error (ASE) of 75 m ( 245 ft); and

(3) an assigned altitude deviation (AAD) of 90 m ( 300 ft).

(b) Reports of such occurrences shall be sent to the competent authority within
72 hours. Reports shall include an initial analysis of causal factors and
measures taken to prevent repeat occurrences.

(c) When height-keeping errors are recorded or received, the operator shall take
immediate action to rectify the conditions that caused the errors and provide
follow-up reports, if requested by the competent authority.

SUBPART E
LOW VISIBILITY OPERATIONS (LVO)
SPA.LVO.100 Low visibility operations
The operator shall only conduct the following low visibility operations (LVO)
when approved by the competent authority:

(a) low visibility take-off (LVTO) operation;

(b) lower than standard category I (LTS CAT I) operation;

(c) standard category II (CAT II) operation;

(d) other than standard category II (OTS CAT II) operation;

(e) standard category III (CAT III) operation;

(f) approach operation utilising enhanced vision systems (EVS) for which an
operational credit is applied to reduce the runway visual range (RVR)
minima by no more than one third of the published RVR.

SPA.LVO.105 LVO approval


To obtain an LVO approval from the competent authority, the operator shall
demonstrate compliance with the requirements of this Subpart.
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SPA.LVO.110 General operating requirements
(a) The operator shall only conduct LTS CAT I operations if:

(1) each aircraft concerned is certified for operations to conduct CAT II


operations; and

(2) the approach is flown:

(i) auto-coupled to an auto-land that needs to be approved for CAT


IIIA operations; or

(ii) using an approved head-up display landing system (HUDLS) to at


least 150 ft above the threshold.

(b) The operator shall only conduct CAT II, OTS CAT II or CAT III operations
if:

(1) each aircraft concerned is certified for operations with a decision


height (DH) below 200 ft, or no DH, and equipped in accordance
with the applicable airworthiness requirements;

(2) a system for recording approach and/or automatic landing success and
failure is established and maintained to monitor the overall safety of the
operation;

(3) the DH is determined by means of a radio altimeter;

(4) the flight crew consists of at least two pilots;

(5) all height call-outs below 200 ft above the aerodrome threshold
elevation are determined by a radio altimeter.

(c) The operator shall only conduct approach operations utilising an EVS if:

(1) the EVS is certified for the purpose of this Subpart and combines
infra-red sensor image and flight information on the HUD;

(2) for operations with an RVR below 550 m, the flight crew consists of at
least two pilots;

(3) for CAT I operations, natural visual reference to runway cues is


attained at least at 100 ft above the aerodrome threshold elevation;

(4) for approach procedure with vertical guidance (APV) and non-precision
approach (NPA) operations flown with CDFA technique, natural visual
reference to runway cues is attained at least at 200 ft above the
aerodrome threshold elevation and the following requirements are
complied with:

(i) the approach is flown using an approved vertical flight path


guidance mode;

(ii) the approach segment from final approach fix (FAF) to runway
threshold is straight and the difference between the final approach
course and the runway centreline is not greater than 2o;

(iii) the final approach path is published and not greater than 3,7o;

(iv) the maximum cross-wind components established during certifi


cation of the EVS are not exceeded.
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SPA.LVO.115 Aerodrome related requirements
(a) The operator shall not use an aerodrome for LVOs below a visibility of 800
m unless:

(1) the aerodrome has been approved for such operations by the State of
the aerodrome; and

(2) low visibility procedures (LVP) have been established.

(b) If the operator selects an aerodrome where the term LVP is not used, the
operator shall ensure that there are equivalent procedures that adhere to the
requirements of LVP at the aerodrome. This situation shall be clearly noted
in the operations manual or procedures manual including guidance to the
flight crew on how to determine that the equivalent LVP are in effect.

SPA.LVO.120 Flight crew training and qualifications


The operator shall ensure that, prior to conducting an LVO:

(a) each flight crew member:

(1) complies with the training and checking requirements prescribed in the
operations manual, including flight simulation training device (FSTD)
training, in operating to the limiting values of RVR/VIS (visibility) and
DH specific to the operation and the aircraft type;

(2) is qualified in accordance with the standards prescribed in the oper


ations manual;

(b) the training and checking is conducted in accordance with a detailed


syllabus.

SPA.LVO.125 Operating procedures


(a) The operator shall establish procedures and instructions to be used for
LVOs. These procedures and instructions shall be included in the operations
manual or procedures manual and contain the duties of flight crew members
during taxiing, take-off, approach, flare, landing, rollout and missed
approach operations, as appropriate.

(b) Prior to commencing an LVO, the pilot-in-command/commander shall be


satisfied that:

(1) the status of the visual and non-visual facilities is sufficient;

(2) appropriate LVPs are in force according to information received from


air traffic services (ATS);

(3) flight crew members are properly qualified.

SPA.LVO.130 Minimum equipment


(a) The operator shall include the minimum equipment that has to be
serviceable at the commencement of an LVO in accordance with the
aircraft flight manual (AFM) or other approved document in the operations
manual or procedures manual, as applicable.
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(b) The pilot-in-command/commander shall be satisfied that the status of the
aircraft and of the relevant airborne systems is appropriate for the specific
operation to be conducted.

SUBPART F
EXTENDED RANGE OPERATIONS WITH TWO-ENGINED
AEROPLANES (ETOPS)
SPA.ETOPS.100 ETOPS
In commercial air transport operations, two-engined aeroplanes shall only be
operated beyond the threshold distance determined in accordance with
CAT.OP.MPA.140 if the operator has been granted an ETOPS operational
approval by the competent authority.

SPA.ETOPS.105 ETOPS operational approval


To obtain an ETOPS operational approval from the competent authority, the
operator shall provide evidence that:

(a) the aeroplane/engine combination holds an ETOPS type design and relia
bility approval for the intended operation;

(b) a training programme for the flight crew members and all other operations
personnel involved in these operations has been established and the flight
crew members and all other operations personnel involved are suitably
qualified to conduct the intended operation;

(c) the operators organisation and experience are appropriate to support the
intended operation;

(d) operating procedures have been established.

SPA.ETOPS.110 ETOPS en-route alternate aerodrome


(a) An ETOPS en-route alternate aerodrome shall be considered adequate, if, at
the expected time of use, the aerodrome is available and equipped with
necessary ancillary services such as air traffic services (ATS), sufficient
lighting, communications, weather reporting, navigation aids and
emergency services and has at least one instrument approach procedure
available.

(b) Prior to conducting an ETOPS flight, the operator shall ensure that an
ETOPS en-route alternate aerodrome is available, within either the oper
ators approved diversion time, or a diversion time based on the MEL
generated serviceability status of the aeroplane, whichever is shorter.

(c) The operator shall specify any required ETOPS en-route alternate aero
drome(s) in the operational flight plan and ATS flight plan.

SPA.ETOPS.115 ETOPS en-route alternate aerodrome planning minima


(a) The operator shall only select an aerodrome as an ETOPS en-route alternate
aerodrome when the appropriate weather reports or forecasts, or any
combination thereof, indicate that, between the anticipated time of landing
until one hour after the latest possible time of landing, conditions will exist
at or above the planning minima calculated by adding the additional limits
of Table 1.
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(b) The operator shall include in the operations manual the method for deter
mining the operating minima at the planned ETOPS en-route alternate aero
drome.

Table 1
Planning minima for the ETOPS en-route alternate aerodrome

Type of approach Planning minima

Precision approach DA/H + 200 ft


RVR/VIS + 800 m (*)

Non-precision approach or MDA/H + 400 ft (*)


Circling approach RVR/VIS + 1 500 m

(*) VIS: visibility; MDA/H: minimum descent altitude/height.

SUBPART G
TRANSPORT OF DANGEROUS GOODS
SPA.DG.100 Transport of dangerous goods
Except as provided for in Annex IV (Part-CAT), M1 Annex VI (Part-NCC)
and Annex VII (Part-NCO), the operator shall only transport dangerous goods
by air if the operator has been approved by the competent authority.

SPA.DG.105 Approval to transport dangerous goods


To obtain the approval to transport dangerous goods, the operator shall in
accordance with the technical instructions:

(a) establish and maintain a training programme for all personnel involved and
demonstrate to the competent authority that adequate training has been given
to all personnel;

(b) establish operating procedures to ensure the safe handling of dangerous


goods at all stages of air transport, containing information and instructions
on:

(1) the operators policy to transport dangerous goods;

(2) the requirements for acceptance, handling, loading, stowage and segre
gation of dangerous goods;

(3) actions to take in the event of an aircraft accident or incident when


dangerous goods are being carried;

(4) the response to emergency situations involving dangerous goods;

(5) the removal of any possible contamination;

(6) the duties of all personnel involved, especially with relevance to


ground handling and aircraft handling;

(7) inspection for damage, leakage or contamination;

(8) dangerous goods accident and incident reporting.

SPA.DG.110 Dangerous goods information and documentation


The operator shall, in accordance with the technical instructions:

(a) provide written information to the pilot-in-command/commander:

(1) about dangerous goods to be carried on the aircraft;

(2) for use in responding to in-flight emergencies;


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(b) use an acceptance checklist;

(c) ensure that dangerous goods are accompanied by the required dangerous
goods transport document(s), as completed by the person offering dangerous
goods for air transport, except when the information applicable to the
dangerous goods is provided in electronic form;

(d) ensure that where a dangerous goods transport document is provided in


written form, a copy of the document is retained on the ground where it
will be possible to obtain access to it within a reasonable period until the
goods have reached their final destination;

(e) ensure that a copy of the information to the pilot-in-command/commander is


retained on the ground and that this copy, or the information contained in it,
is readily accessible to the aerodromes of last departure and next scheduled
arrival, until after the flight to which the information refers;

(f) retain the acceptance checklist, transport document and information to the
pilot-in-command/commander for at least three months after completion of
the flight;

(g) retain the training records of all personnel for at least three years.

SUBPART H
HELICOPTER OPERATIONS WITH NIGHT VISION IMAGING SYSTEMS
SPA.NVIS.100 Night vision imaging system (NVIS) operations
(a) Helicopters shall only be operated under VFR at night with the aid of NVIS
if the operator has been approved by the competent authority.

(b) To obtain such approval by the competent authority, the operator shall:

(1) operate in commercial air transport (CAT) and hold a CAT AOC in
accordance with Annex III (Part-ORO);

(2) demonstrate to the competent authority:

(i) compliance with the applicable requirements contained in this


Subpart;

(ii) the successful integration of all elements of the NVIS.

SPA.NVIS.110 Equipment requirements for NVIS operations


(a) Before conducting NVIS operations each helicopter and all associated NVIS
equipment shall have been issued with the relevant airworthiness approval in
accordance with Regulation (EC) No 1702/2003.

(b) Radio altimeter. The helicopter shall be equipped with a radio altimeter
capable of emitting an audio warning below a pre-set height and an audio
and visual warning at a height selectable by the pilot, instantly discernable
during all phases of NVIS flight.

(c) Aircraft NVIS compatible lighting. To mitigate the reduced peripheral vision
cues and the need to enhance situational awareness, the following shall be
provided:

(1) NVIS-compatible instrument panel flood-lighting, if installed, that can


illuminate all essential flight instruments;
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(2) NVIS-compatible utility lights;

(3) portable NVIS compatible flashlight; and

(4) a means for removing or extinguishing internal NVIS non-compatible


lights.

(d) Additional NVIS equipment. The following additional NVIS equipment shall
be provided:

(1) a back-up or secondary power source for the night vision


goggles (NVG);

(2) a helmet with the appropriate NVG attachment.

(e) All required NVGs on an NVIS flight shall be of the same type, generation
and model.

(f) Continuing airworthiness


(1) Procedures for continuing airworthiness shall contain the information
necessary for carrying out ongoing maintenance and inspections on
NVIS equipment installed in the helicopter and shall cover, as a
minimum:

(i) helicopter windscreens and transparencies;

(ii) NVIS lighting;

(iii) NVGs; and

(iv) any additional equipment that supports NVIS operations.

(2) Any subsequent modification or maintenance to the aircraft shall be in


compliance with the NVIS airworthiness approval.

SPA.NVIS.120 NVIS operating minima


(a) Operations shall not be conducted below the VFR weather minima for the
type of night operations being conducted.

(b) The operator shall establish the minimum transition height from where a
change to/from aided flight may be continued.

SPA.NVIS.130 Crew requirements for NVIS operations


(a) Selection. The operator shall establish criteria for the selection of crew
members for the NVIS task.

(b) Experience. The minimum experience for the commander shall not be less
than 20 hours VFR at night as pilot-in-command/commander of a helicopter
before commencing training.

(c) Operational training. All pilots shall have completed the operational
training in accordance with the NVIS procedures contained in the operations
manual.

(d) Recency. All pilots and NVIS technical crew members conducting NVIS
operations shall have completed three NVIS flights in the last 90 days.
Recency may be re-established on a training flight in the helicopter or an
approved full flight simulator (FFS), which shall include the elements of
(f)(1).
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(e) Crew composition. The minimum crew shall be the greater of that specified:

(1) in the aircraft flight manual (AFM);

(2) for the underlying activity; or

(3) in the operational approval for the NVIS operations.

(f) Crew training and checking


(1) Training and checking shall be conducted in accordance with a detailed
syllabus approved by the competent authority and included in the
operations manual.

(2) Crew members


(i) Crew training programmes shall: improve knowledge of the NVIS
working environment and equipment; improve crew coordination;
and include measures to minimise the risks associated with entry
into low visibility conditions and NVIS normal and emergency
procedures.

(ii) The measures referred to in (f)(2)(i) shall be assessed during:

(A) night proficiency checks; and

(B) line checks.

SPA.NVIS.140 Information and documentation


The operator shall ensure that, as part of its risk analysis and management
process, risks associated with the NVIS environment are minimised by specifying
in the operations manual: selection, composition and training of crews; levels of
equipment and dispatch criteria; and operating procedures and minima, such that
normal and likely abnormal operations are described and adequately mitigated.

SUBPART I
HELICOPTER HOIST OPERATIONS
SPA.HHO.100 Helicopter hoist operations (HHO)
(a) Helicopters shall only be operated for the purpose of CAT hoist operations
if the operator has been approved by the competent authority.

(b) To obtain such approval by the competent authority, the operator shall:

(1) operate in CAT and hold a CAT AOC in accordance with Annex III
(Part-ORO);

(2) demonstrate to the competent authority compliance with the


requirements contained in this Subpart.

SPA.HHO.110 Equipment requirements for HHO


(a) The installation of all helicopter hoist equipment, including any radio
equipment to comply with SPA.HHO.115, and any subsequent modifica
tions, shall have an airworthiness approval appropriate to the intended
function. Ancillary equipment shall be designed and tested to the appro
priate standard as required by the competent authority.
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(b) Maintenance instructions for HHO equipment and systems shall be estab
lished by the operator in liaison with the manufacturer and included in the
operators helicopter maintenance programme as required by
Regulation (EC) No 2042/2003.

SPA.HHO.115 HHO communication


Two-way radio communication shall be established with the organisation for
which the HHO is being provided and, where possible, a means of communi
cating with ground personnel at the HHO site for:

(a) day and night offshore operations;

(b) night onshore operations, except for HHO at a helicopter emergency medical
services (HEMS) operating site.

SPA.HHO.125 Performance requirements for HHO


Except for HHO at a HEMS operating site, HHO shall be capable of sustaining a
critical engine failure with the remaining engine(s) at the appropriate power
setting without hazard to the suspended person(s)/cargo, third parties or property.

SPA.HHO.130 Crew requirements for HHO


(a) Selection. The operator shall establish criteria for the selection of flight crew
members for the HHO task, taking previous experience into account.

(b) Experience. The minimum experience level for the commander conducting
HHO flights shall not be less than:

(1) Offshore:

(i) 1 000 hours as pilot-in-command/commander of helicopters, or


1 000 hours as co-pilot in HHO of which 200 hours is as
pilot-in-command under supervision; and

(ii) 50 hoist cycles conducted offshore, of which 20 cycles shall be at


night if night operations are being conducted, where a hoist cycle
means one down-and-up cycle of the hoist hook.

(2) Onshore:

(i) 500 hours as pilot-in-command/commander of helicopters, or


500 hours as co-pilot in HHO of which 100 hours is as pilot-in-
command under supervision;

(ii) 200 hours operating experience in helicopters gained in an oper


ational environment similar to the intended operation; and

(iii) 50 hoist cycles, of which 20 cycles shall be at night if night


operations are being conducted.

(c) Operational training and experience. Successful completion of training in


accordance with the HHO procedures contained in the operations manual
and relevant experience in the role and environment under which HHO are
conducted.
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(d) Recency. All pilots and HHO crew members conducting HHO shall have
completed in the last 90 days:

(1) when operating by day: any combination of three day or night hoist
cycles, each of which shall include a transition to and from the hover;

(2) when operating by night: three night hoist cycles, each of which shall
include a transition to and from the hover.

(e) Crew composition. The minimum crew for day or night operations shall be
as stated in the operations manual. The minimum crew will be dependent on
the type of helicopter, the weather conditions, the type of task, and, in
addition for offshore operations, the HHO site environment, the sea state
and the movement of the vessel. In no case shall the minimum crew be less
than one pilot and one HHO crew member.

(f) Training and checking


(1) Training and checking shall be conducted in accordance with a detailed
syllabus approved by the competent authority and included in the
operations manual.

(2) Crew members:


(i) Crew training programmes shall: improve knowledge of the HHO
working environment and equipment; improve crew coordination;
and include measures to minimise the risks associated with HHO
normal and emergency procedures and static discharge.

(ii) The measures referred to in (f)(2)(i) shall be assessed during visual


meteorological conditions (VMC) day proficiency checks, or VMC
night proficiency checks when night HHO are undertaken by the
operator.

SPA.HHO.135 HHO passenger briefing


Prior to any HHO flight, or series of flights, HHO passengers shall have been
briefed and made aware of the dangers of static electricity discharge and other
HHO considerations.

SPA.HHO.140 Information and documentation


(a) The operator shall ensure that, as part of its risk analysis and management
process, risks associated with the HHO environment are minimised by
specifying in the operations manual: selection, composition and training of
crews; levels of equipment and dispatch criteria; and operating procedures
and minima, such that normal and likely abnormal operations are described
and adequately mitigated.

(b) Relevant extracts from the operations manual shall be available to the
organisation for which the HHO is being provided.
2012R0965 EN 25.08.2013 001.001 188

B
SUBPART J
HELICOPTER EMERGENCY MEDICAL SERVICE OPERATIONS
SPA.HEMS.100 Helicopter emergency medical service (HEMS) operations
(a) Helicopters shall only be operated for the purpose of HEMS operations if
the operator has been approved by the competent authority.

(b) To obtain such approval by the competent authority, the operator shall:

(1) operate in CAT and hold a CAT AOC in accordance with Annex III
(Part-ORO);

(2) demonstrate to the competent authority compliance with the


requirements contained in this Subpart.

SPA.HEMS.110 Equipment requirements for HEMS operations


The installation of all helicopter dedicated medical equipment and any
subsequent modifications and, where appropriate, its operation shall be
approved in accordance with Regulation (EC) No 1702/2003.

SPA.HEMS.115 Communication
In addition to that required by CAT.IDE.H, helicopters conducting HEMS flights
shall have communication equipment capable of conducting two-way communi
cation with the organisation for which the HEMS is being conducted and, where
possible, to communicate with ground emergency service personnel.

SPA.HEMS.120 HEMS operating minima


(a) HEMS flights operated in performance class 1 and 2 shall comply with the
weather minima in Table 1 for dispatch and en-route phase of the HEMS
flight. In the event that during the en-route phase the weather conditions fall
below the cloud base or visibility minima shown, helicopters certified for
flights only under VMC shall abandon the flight or return to base. Heli
copters equipped and certified for instrument meteorological
conditions (IMC) operations may abandon the flight, return to base or
convert in all respects to a flight conducted under instrument flight
rules (IFR), provided the flight crew are suitably qualified.

Table 1
HEMS operating minima

2 PILOTS 1 PILOT

DAY
Ceiling Visibility Ceiling Visibility

500 ft and above As defined by the applicable 500 ft and above As defined by the applicable
airspace VFR minima airspace VFR minima

499 - 400 ft 1 000 m (*) 499 400 ft 2 000 m

399 - 300 ft 2 000 m 399 300 ft 3 000 m


2012R0965 EN 25.08.2013 001.001 189

2 PILOTS 1 PILOT

NIGHT

Cloud base Visibility Cloud base Visibility

1 200 ft (*) 2 500 m 1 200 ft (**) 3 000 m

(*) During the en-route phase visibility may be reduced to 800 m for short periods when in sight of land if the helicopter is
manoeuvred at a speed that will give adequate opportunity to observe any obstacles in time to avoid a collision.
(**) During the en-route phase, cloud base may be reduced to 1 000 ft for short periods.

(b) The weather minima for the dispatch and en-route phase of a HEMS flight
operated in performance class 3 shall be a cloud ceiling of 600 ft and a
visibility of 1 500 m. Visibility may be reduced to 800 m for short periods
when in sight of land if the helicopter is manoeuvred at a speed that will
give adequate opportunity to observe any obstacle and avoid a collision.

SPA.HEMS.125 Performance requirements for HEMS operations


(a) Performance class 3 operations shall not be conducted over a hostile
environment.

(b) Take-off and landing


(1) Helicopters conducting operations to/from a final approach and take-off
area (FATO) at a hospital that is located in a congested hostile
environment and that is used as a HEMS operating base shall be
operated in accordance with performance class 1.

(2) Helicopters conducting operations to/from a FATO at a hospital that is


located in a congested hostile environment and that is not a HEMS
operating base shall be operated in accordance with performance class
1, except when the operator holds an approval in accordance with
CAT.POL.H.225.

(3) Helicopters conducting operations to/from a HEMS operating site


located in a hostile environment shall be operated in accordance with
performance class 2 and be exempt from the approval required by
CAT.POL.H.305(a), provided compliance is shown with
CAT.POL.H.305(b)(2) and (b)(3).

(4) The HEMS operating site shall be big enough to provide adequate
clearance from all obstructions. For night operations, the site shall be
illuminated to enable the site and any obstructions to be identified.

SPA.HEMS.130 Crew requirements


(a) Selection. The operator shall establish criteria for the selection of flight crew
members for the HEMS task, taking previous experience into account.

(b) Experience. The minimum experience level for the commander conducting
HEMS flights shall not be less than:

(1) either:

(i) 1 000 hours as pilot-in-command/commander of aircraft of which


500 hours are as pilot-in-command/commander on helicopters; or
2012R0965 EN 25.08.2013 001.001 190

B
(ii) 1 000 hours as co-pilot in HEMS operations of which 500 hours
are as pilot-in-command under supervision and 100 hours pilot-in-
command/commander of helicopters;

(2) 500 hours operating experience in helicopters, gained in an operational


environment similar to the intended operation; and

(3) for pilots engaged in night operations, 20 hours of VMC at night as


pilot-in-command/commander.

(c) Operational training. Successful completion of operational training in


accordance with the HEMS procedures contained in the operations manual.

(d) Recency. All pilots conducting HEMS operations shall have completed a
minimum of 30 minutes flight by sole reference to instruments in a heli
copter or in an FSTD within the last six months.

(e) Crew composition


(1) Day flight. The minimum crew by day shall be one pilot and one HEMS
technical crew member.

(i) This may be reduced to one pilot only when:

(A) at a HEMS operating site the commander is required to fetch


additional medical supplies. In such case the HEMS technical
crew member may be left to give assistance to ill or injured
persons while the commander undertakes this flight;

(B) after arriving at the HEMS operating site, the installation of


the stretcher precludes the HEMS technical crew member from
occupying the front seat; or

(C) the medical passenger requires the assistance of the HEMS


technical crew member in flight.

(ii) In the cases described in (i), the operational minima shall be as


defined by the applicable airspace requirements; the HEMS
operating minima contained in Table 1 of SPA.HEMS.120 shall
not be used.

(iii) Only in the case described in (i)(A) may the commander land at a
HEMS operating site without the technical crew member assisting
from the front seat.

(2) Night flight. The minimum crew by night shall be:

(i) two pilots; or

(ii) one pilot and one HEMS technical crew member in specific
geographical areas defined by the operator in the operations
manual taking into account the following:

(A) adequate ground reference;

(B) flight following system for the duration of the HEMS mission;
2012R0965 EN 25.08.2013 001.001 191

B
(C) reliability of weather reporting facilities;

(D) HEMS minimum equipment list;

(E) continuity of a crew concept;

(F) minimum crew qualification, initial and recurrent training;

(G) operating procedures, including crew coordination;

(H) weather minima; and

(I) additional considerations due to specific local conditions.

(f) Crew training and checking


(1) Training and checking shall be conducted in accordance with a detailed
syllabus approved by the competent authority and included in the oper
ations manual.

(2) Crew members


(i) Crew training programmes shall: improve knowledge of the HEMS
working environment and equipment; improve crew coordination;
and include measures to minimise the risks associated with en-route
transit in low visibility conditions, selection of HEMS operating
sites and approach and departure profiles.

(ii) The measures referred to in (f)(2)(i) shall be assessed during:

(A) VMC day proficiency checks, or VMC night proficiency


checks when night HEMS operations are undertaken by the
operator; and

(B) line checks.

SPA.HEMS.135 HEMS medical passenger and other personnel briefing


(a) Medical passenger. Prior to any HEMS flight, or series of flights, medical
passengers shall have been briefed to ensure that they are familiar with the
HEMS working environment and equipment, can operate on-board medical
and emergency equipment and can take part in normal and emergency entry
and exit procedures.

(b) Ground emergency service personnel. The operator shall take all reasonable
measures to ensure that ground emergency service personnel are familiar
with the HEMS working environment and equipment and the risks
associated with ground operations at a HEMS operating site.

(c) Medical patient. Notwithstanding CAT.OP.MPA.170, a briefing shall only


be conducted if the medical condition makes this practicable.
2012R0965 EN 25.08.2013 001.001 192

B
SPA.HEMS.140 Information and documentation
(a) The operator shall ensure that, as part of its risk analysis and management
process, risks associated with the HEMS environment are minimised by
specifying in the operations manual: selection, composition and training of
crews; levels of equipment and dispatch criteria; and operating procedures
and minima, such that normal and likely abnormal operations are described
and adequately mitigated.
(b) Relevant extracts from the operations manual shall be made available to the
organisation for which the HEMS is being provided.
SPA.HEMS.145 HEMS operating base facilities
(a) If crew members are required to be on standby with a reaction time of less
than 45 minutes, dedicated suitable accommodation shall be provided close
to each operating base.
(b) At each operating base the pilots shall be provided with facilities for
obtaining current and forecast weather information and shall be provided
with satisfactory communications with the appropriate air traffic
services (ATS) unit. Adequate facilities shall be available for the planning
of all tasks.
SPA.HEMS.150 Fuel supply
(a) When the HEMS mission is conducted under VFR within a local and
defined geographical area, standard fuel planning can be employed
provided the operator establishes final reserve fuel to ensure that, on
completion of the mission the fuel remaining is not less than an amount
of fuel sufficient for:
(1) 30 minutes of flying time at normal cruising conditions; or
(2) when operating within an area providing continuous and suitable
precautionary landing sites, 20 minutes of flying time at normal
cruising speed.
SPA.HEMS.155 Refuelling with passengers embarking, on board or
disembarking
When the commander considers refuelling with passengers on board to be
necessary, it can be undertaken either rotors stopped or rotors turning provided
the following requirements are met:
(a) door(s) on the refuelling side of the helicopter shall remain closed;
(b) door(s) on the non-refuelling side of the helicopter shall remain open,
weather permitting;
(c) fire fighting facilities of the appropriate scale shall be positioned so as to be
immediately available in the event of a fire; and
(d) sufficient personnel shall be immediately available to move patients clear of
the helicopter in the event of a fire.
21.8.2012 EN Official Journal of the European Union L 224/1

II
(Non-legislative acts)

REGULATIONS

COMMISSION REGULATION (EU) No 748/2012


of 3 August 2012
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 production
organisations
(recast)

(Text with EEA relevance)

THE EUROPEAN COMMISSION, (3) It is necessary to lay down common technical


requirements and administrative procedures to ensure
the airworthiness and environmental compatibility of
Having regard to the Treaty on the Functioning of the European aeronautical products, parts and appliances, subject to
Union, Regulation (EC) No 216/2008. Such requirements and
procedures should specify the conditions to issue,
maintain, amend, suspend or revoke the appropriate
certificates.
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 (4) Organisations involved in the design and production of
Directive 2004/36/EC (1), and in particular Articles 5(5) and products, parts and appliances should be required to
6(3) thereof, comply with certain technical requirements in order to
demonstrate their capability and means to discharge their
obligations and associated privileges. The Commission is
Whereas: required to lay down measures to specify conditions to
issue, maintain, amend, suspend or revoke certificates
attesting such compliance.
(1) 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 (5) In laying down measures for the implementation of
as for the certification of design and production organi common essential requirements in the field of
sations (2) has been substantially amended several airworthiness, the Commission must take care that they
times (3). Since further amendments are to be made, it reflect the state of the art and the best practices, take into
should be recast in the interests of clarity. account worldwide aircraft experience and scientific and
technical progress and allow for immediate reaction to
established causes of accidents and serious incidents.
(2) Regulation (EC) No 216/2008 establishes common
essential requirements to provide for a high uniform
level of civil aviation safety and environmental
protection. It requires the Commission to adopt the
necessary implementing rules to ensure their uniform (6) The need to ensure uniformity in the application of
application. It establishes the European Aviation Safety common airworthiness and environmental requirements
Agency (hereinafter referred to as the Agency) to assist for aeronautical products, parts and appliances requires
the Commission in the development of such imple that common procedures be followed by the competent
menting rules. authorities of the Member States and, where applicable,
the Agency to assess compliance with these requirements.
(1) OJ L 79, 19.3.2008, p. 1. The Agency should develop certification specifications
(2) OJ L 243, 27.9.2003, p. 6. and guidance material to facilitate the necessary regu
(3) See Annex II. latory uniformity.
L 224/2 EN Official Journal of the European Union 21.8.2012

(7) It is necessary to recognise the continuing validity of technical requirements and administrative procedures for the
certificates issued before the entry into force of Regu airworthiness and environmental certification of products,
lation (EC) No 1702/2003, in accordance with Article 69 parts and appliances specifying:
of Regulation (EC) No 216/2008.

(a) the issue of type-certificates, restricted type-certificates,


(8) In order to maintain a high uniform level of aviation supplemental type-certificates and changes to those certifi
safety in Europe, it is necessary to introduce changes to cates;
requirements and procedures for the certification of
aircraft and related products, parts and appliances and
of design and production organisations, in particular to
elaborate the rules related to the demonstration of (b) the issue of certificates of airworthiness, restricted
compliance with the type-certification basis and environ certificates of airworthiness, permits to fly and authorised
mental protection requirements and to introduce the release certificates;
possibility to choose to comply with later standards for
changes to type-certificates.
(c) the issue of repair design approvals;

(9) The concept and complexity of auxiliary power units


(APU) resembles that of aircraft engines and in some (d) the showing of compliance with environmental protection
cases APU designs are even derived from engine requirements;
designs. Changes to provisions for repairs to APU are
therefore needed to restore consistency with repairs
process to engines. (e) the issue of noise certificates;

(10) In order to subject non-complex motor-powered aircraft,


recreational aircraft and related products, parts and (f) the identification of products, parts and appliances;
appliances to measures that are proportionate to their
simple design and type of operation, while maintaining
a high uniform level of aviation safety in Europe, it is (g) the certification of certain parts and appliances;
necessary to introduce changes to requirements and
procedures for the certification of those aircraft and
related products, parts and appliances and of design (h) the certification of design and production organisations;
and production organisations and in particular, for the
owners of European Light Aircraft below 2 000 kg
(ELA2) or below 1 200 kg (ELA1), to introduce the possi
bility to accept certain not safety critical parts for instal (i) the issue of airworthiness directives.
lation without an EASA Form 1.

2. For the purpose of this Regulation, the following defi


(11) The Agency prepared draft implementing rules and nitions shall apply:
submitted them as opinions No 01/2009 on Possibility
to deviate from airworthiness code in case of design
changes, No 02/2009 on Repair and design changes to (a) JAA means the Joint Aviation Authorities;
European Technical Standard Order, No 01/2010 on
SubPart J DOA and Opinion No 01/2011 on ELA
Process and standard changes and repairs to the (b) JAR means Joint Aviation Requirements;
Commission in accordance with Article 19(1) of Regu
lation (EC) No 216/2008.
(c) Part 21 means the requirements and procedures for the
(12) The measures provided for in this Regulation are in certification of aircraft and related products, parts and
accordance with the opinion of the European Aviation appliances, and of design and production organisations
Safety Agency Committee established by Article 65(1) of laid down in Annex I to this Regulation;
Regulation (EC) No 216/2008,

(d) Part M means the applicable continuing airworthiness


HAS ADOPTED THIS REGULATION: requirements adopted in pursuance of Regulation (EC)
No 216/2008;

Article 1
Scope and definitions (e) principal place of business means the head office or
registered office of the undertaking within which the
1. This Regulation lays down, in accordance with Article 5(5) principal financial functions and operational control of the
and Article 6(3) of Regulation (EC) No 216/2008, common activities referred to in this Regulation are exercised;
21.8.2012 EN Official Journal of the European Union L 224/3

(f) article means any part and appliance to be used on civil Non-vectored thrust (except reverse thrust),
aircraft;

Conventional and simple design of: structure,


(g) ETSO means European Technical Standard Order. The control system and ballonet system,
European Technical Standard Order is a detailed
airworthiness specification issued by the European
Aviation Safety Agency (the Agency) to ensure compliance
with the requirements of this Regulation as a minimum Non-power assisted controls;
performance standard for specified articles;

(vi) a Very Light Rotorcraft.


(h) EPA means European Part Approval. European Part
Approval of an article means the article has been
produced in accordance with approved design data not Article 2
belonging to the type-certificate holder of the related
product, except for ETSO articles; Products, parts and appliances certification
1. Products, parts and appliances shall be issued certificates
(i) ELA1 aircraft means the following manned European Light as specified in Annex I (Part 21).
Aircraft:

2. By way of derogation from point 1, aircraft, including any


(i) an aeroplane with a Maximum Take-off Mass (MTOM) installed product, part and appliance, which are not registered in
of 1 200 kg or less that is not classified as complex a Member State shall be exempted from the provisions of
motor-powered aircraft; Subparts H and I of Annex I (Part 21). They shall also be
exempted from the provisions of Subpart P of Annex I (Part
21) except when aircraft identification marks are prescribed by a
(ii) a sailplane or powered sailplane of 1 200 kg MTOM or Member State.
less;

Article 3
(iii) a balloon with a maximum design lifting gas or hot air
volume of not more than 3 400 m3 for hot air Continued validity of type-certificates and related
balloons, 1 050 m3 for gas balloons, 300 m3 for certificates of airworthiness
tethered gas balloons;
1. With regard to products which had a type-certificate, or a
document allowing the issuing of a certificate of airworthiness,
(iv) an airship designed for not more than 4 occupants and issued before 28 September 2003 by a Member State, the
a maximum design lifting gas or hot air volume of not following provisions shall apply:
more than 3 400 m3 for hot air airships and 1 000 m3
for gas airships;
(a) the product shall be deemed to have a type-certificate issued
in accordance with this Regulation when:
(j) ELA2 aircraft means the following manned European Light
Aircraft:
(i) its type-certification basis was:
(i) an aeroplane with a Maximum Take-off Mass (MTOM)
of 2 000 kg or less that is not classified as complex
motor-powered aircraft; the JAA type-certification basis, for products that
have been certificated under JAA procedures, as
defined in their JAA data sheet, or
(ii) a sailplane or powered sailplane of 2 000 kg MTOM or
less;
for other products, the type-certification basis as
defined in the type-certificate data sheet of the
(iii) a balloon; State of design, if that State of design was:

(iv) a hot air airship;


a Member State, unless the Agency determines,
taking into account, in particular, airworthiness
(v) a gas airship complying with all of the following char codes used and service experience, that such
acteristics: type-certification basis does not provide for a
level of safety equivalent to that required by
Regulation (EC) No 216/2008 and this Regu
3 % maximum static heaviness, lation, or
L 224/4 EN Official Journal of the European Union 21.8.2012

a State with which a Member State had (d) compliance findings made under JAA or Member State
concluded a bilateral airworthiness agreement procedures shall be deemed to have been made by the
or similar arrangement under which such Agency for the purpose of complying with points
products have been certificated on the basis of 21.A.20(a) and (b) of Annex I (Part 21).
the airworthiness codes of that State of design,
unless the Agency determines that such
airworthiness codes or service experience or
the safety system of that State of design do 3. With regard to products that have a national type-
not provide for a level of safety equivalent to certificate, or equivalent, and for which the approval process
that required by Regulation (EC) No 216/2008 of a change carried out by a Member State was not finalised
and this Regulation. at the time when the type-certificate had to be in accordance
with this Regulation, the following shall apply:

The Agency shall make a first evaluation of the impli


cation of the provisions of the second indent in view of
producing an opinion to the Commission including (a) if an approval process is being carried out by several
possible amendments to this Regulation; Member States, the most advanced project shall be used
as the reference;

(ii) the environmental protection requirements were those


laid down in Annex 16 to the Chicago Convention, as
(b) point 21.A.93 of Annex I (Part 21) shall not apply;
applicable to the product;

(iii) the applicable airworthiness directives were those of the (c) the applicable type-certification basis shall be that estab
State of design; lished by the JAA or, where applicable, the Member State
at the date of application for the approval of change;
(b) the design of an individual aircraft, which was on the
register of a Member State before 28 September 2003,
shall be deemed to have been approved in accordance (d) compliance findings made under JAA or Member State
with this Regulation when: procedures shall be deemed to have been made by the
Agency for the purpose of complying with points
21.A.103(a)(2) and (b) of Annex I (Part 21).
(i) its basic type design was part of a type-certificate
referred to in point (a);

4. With regard to products that had a national type-


(ii) all changes to this basic type design, which were not certificate, or equivalent, and for which the approval process
under the responsibility of the type-certificate holder, of a major repair design carried out by a Member State was
had been approved; and not finalised at the time when the type-certificate had to be
determined in accordance with this Regulation, compliance
findings made under JAA or Member State procedures shall
(iii) the airworthiness directives issued or adopted by the be deemed to have been made by the Agency for the purpose
Member State of registry before 28 September 2003 of complying with point 21.A.433(a) of Annex I (Part 21).
were complied with, including any variations to the
airworthiness directives of the State of design agreed
by the Member State of registry.
5. A certificate of airworthiness issued by a Member State
attesting conformity with a type-certificate determined in
2. With regard to products for which a type-certification accordance with point 1 shall be deemed to comply with this
process was proceeding through the JAA or a Member State Regulation.
on 28 September 2003, the following shall apply:

(a) if a product is under certification by several Member States, Article 4


the most advanced project shall be used as the reference; Continued validity of supplemental type-certificates
1. With regard to supplemental type-certificates issued by a
(b) points 21.A.15(a), (b) and (c) of Annex I (Part 21) shall not Member State under JAA procedures or applicable national
apply; procedures and with regard to changes to products proposed
by persons other than the type-certificate holder of the product,
which were approved by a Member State under applicable
(c) by way of derogation from point 21.A.17(a) of Annex I national procedures, if the supplemental type-certificate, or
(Part 21), the type-certification basis shall be that established change, was valid on 28 September 2003, the supplemental
by the JAA or, where applicable, the Member State at the type-certificate, or change shall be deemed to have been
date of application for the approval; issued under this Regulation.
21.8.2012 EN Official Journal of the European Union L 224/5

2. With regard to supplemental type-certificates for which a Article 6


certification process was being carried out by a Member State
on 28 September 2003 under applicable JAA supplemental Continued validity of parts and appliances certificates
type-certificate procedures and with regard to major changes 1. Approvals of parts and appliances issued by a Member
to products, proposed by persons other than the type-certificate State and valid on 28 September 2003 shall be deemed to
holder of the product, for which a certification process was have been issued in accordance with this Regulation.
being carried out by a Member State on 28 September 2003
under applicable national procedures, the following shall apply:
2. With regard to parts and appliances for which an approval
or authorisation process was being carried out by a Member
(a) if a certification process was being carried out by several State on 28 September 2003, the following shall apply:
Member States, the most advanced project shall be used as
the reference;
(a) if an authorisation process was being carried out by several
Member States, the most advanced project shall be used as
(b) point 21.A.113 (a) and (b) of Annex I (Part 21) shall not
the reference;
apply;

(c) the applicable certification basis shall be that established by (b) point 21.A.603 of Annex I (Part 21) shall not apply;
the JAA or, where applicable, the Member State at the date
of application for the supplemental type-certificate or the
major change approval; (c) the applicable data requirements laid down in point
21.A.605 of Annex I (Part 21) shall be those established
by the relevant Member State, at the date of application for
(d) the compliance findings made under JAA or Member State the approval or authorisation;
procedures shall be deemed to have been made by the
Agency for the purpose of complying with point
21.A.115(a) of Annex I (Part 21). (d) compliance findings made by the relevant Member State
shall be deemed to have been made by the Agency for
the purpose of complying with point 21.A.606(b) of
Article 5 Annex I (Part 21).
Continued operation of certain aircraft registered by
Member States
Article 7
With regard to an aircraft that cannot be deemed to have a
type-certificate issued in accordance with Article 3(1)(a) of this Permit to fly
Regulation, that has been issued a certificate of airworthiness by The conditions determined before 28 March 2007 by the
a Member State before Regulation (EC) No 1702/2003 became Member States for permits to fly or other airworthiness
applicable in that Member State (1), was on its register on that certificate issued for aircraft which did not hold a certificate
date, and was still on the register of a Member State on of airworthiness or restricted certificate of airworthiness issued
28 March 2007, the combination of the following shall be under this Regulation, are deemed to have been determined in
deemed to constitute the applicable specific airworthiness spec accordance with this Regulation, unless the Agency has
ifications issued in accordance with this Regulation: determined before 28 March 2008 that such conditions do
not provide for a level of safety equivalent to that required by
Regulation (EC) No 216/2008 or this Regulation.
(a) the type-certificate data sheet and type-certificate data sheet
for noise, or equivalent documents, of the State of design,
provided that the State of design has concluded the appro
Article 8
priate working arrangement in accordance with Article 27(2)
of Regulation (EC) No 216/2008 with the Agency covering Design organisations
the continued airworthiness of the design of such an
aircraft; 1. An organisation responsible for the design of products,
parts and appliances or for changes or repairs thereto shall
demonstrate its capability in accordance with Annex I (Part 21).
(b) the environmental protection requirements laid down in
Annex 16 to the Chicago Convention, as applicable to
that aircraft; and 2. By way of derogation from point 1, an organisation
whose principal place of business is in a non-member State
may demonstrate its capability by holding a certificate issued
(c) the mandatory continuing airworthiness information of the by that State for the product, part and appliance for which it
State of design. applies, provided:

(1) For EU-15: 28 September 2003; for EU-10: 1 May 2004 and for
EU-2: 1 January 2007. (a) that State is the State of design; and
L 224/6 EN Official Journal of the European Union 21.8.2012

(b) the Agency has determined that the system of that State procedures and valid before 28 September 2003 shall be
includes the same independent level of checking of deemed to comply with this Regulation.
compliance as provided by this Regulation, either through
an equivalent system of approvals of organisations or
through direct involvement of the competent authority of Article 10
that State. Agency measures
1. The Agency shall develop acceptable means of compliance
3. Design organisation approvals issued or recognised by a (hereinafter called AMC) that competent authorities, organi
Member State in accordance with the JAA requirements and sations and personnel may use to demonstrate compliance
procedures and valid before 28 September 2003 shall be with the provisions of the Annex I (Part 21) to this Regulation.
deemed to comply with this Regulation.

2. The AMC issued by the Agency shall neither introduce


Article 9 new requirements nor alleviate the requirements of the Annex
I (Part 21) to this Regulation.
Production organisations
1. An organisation responsible for the manufacture of
products, parts and appliances shall demonstrate its capability 3. Without prejudice to Articles 54 and 55 of Regulation
in accordance with the provisions of Annex I (Part 21). (EC) No 216/2008, when the acceptable means of compliance
issued by the Agency are used, the related requirements of the
Annex I (Part 21) to this Regulation shall be considered as met
2. By way of derogation from point 1, a manufacturer whose without further demonstration.
principal place of business is in a non-member State may
demonstrate its capability by holding a certificate issued by
that State for the product, part and appliance for which it Article 11
applies, provided: Repeal
Regulation (EC) No 1702/2003 is repealed.
(a) that State is the State of manufacture; and
References to the repealed Regulation shall be construed as
(b) the Agency has determined that the system of that State references to this Regulation and shall be read in accordance
includes the same independent level of checking of with the correlation table in Annex III.
compliance as provided by this Regulation, either through
an equivalent system of approvals of organisations or
through direct involvement of the competent authority of Article 12
that State. Entry into force
This Regulation shall enter into force on the twentieth day
3. Production organisation approvals issued or recognised by following that of its publication in the Official Journal of the
a Member State in accordance with the JAA requirements and European Union.

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

Done at Brussels, 3 August 2012.

For the Commission


The President
Jos Manuel BARROSO
21.8.2012 EN Official Journal of the European Union L 224/7

ANNEX I

PART 21

Certification of aircraft and related products, parts and appliances, and of design and production organisations

Contents
Page
21.1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

SECTION A TECHNICAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

SUBPART A GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

21.A.1 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21.A.2 Undertaking by another person than the applicant for, or holder of, a certificate . . . . . . . . . . . . 14
21.A.3A Failures, malfunctions and defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21.A.3B Airworthiness directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21.A.4 Coordination between design and production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SUBPART B TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES . . . . . . . . . . . . . . . . . . . . . . . 15

21.A.11 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21.A.13 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21.A.14 Demonstration of capability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21.A.15 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21.A.16A Airworthiness codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21.A.16B Special conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21.A.17 Type-certification basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21.A.18 Designation of applicable environmental protection requirements and certification specifications 17
21.A.19 Changes requiring a new type-certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21.A.20 Compliance with the type-certification basis and environmental protection requirements . . . . . . 18
21.A.21 Issue of a type-certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21.A.23 Issue of a restricted type-certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21.A.31 Type design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21.A.33 Inspection and tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21.A.35 Flight tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21.A.41 Type-certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21.A.44 Obligations of the holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21.A.47 Transferability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21.A.51 Duration and continued validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21.A.55 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21.A.57 Manuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
21.A.61 Instructions for continued airworthiness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(SUBPART C NOT APPLICABLE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

SUBPART D CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES . . . . . . . . . . . 21

21.A.90A Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

21.A.90B Standard changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

21.A.91 Classification of changes in type design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21


L 224/8 EN Official Journal of the European Union 21.8.2012

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21.A.92 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

21.A.93 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

21.A.95 Minor changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

21.A.97 Major changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

21.A.101 Designation of applicable certification specifications and environmental protection requirements 22

21.A.103 Issue of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

21.A.105 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

21.A.107 Instructions for continued airworthiness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

21.A.109 Obligations and EPA marking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

SUBPART E SUPPLEMENTAL TYPE-CERTIFICATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

21.A.111 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

21.A.112A Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

21.A.112B Demonstration of capability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

21.A.113 Application for a supplemental type-certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

21.A.114 Showing of compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

21.A.115 Issue of a supplemental type-certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

21.A.116 Transferability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

21.A.117 Changes to that part of a product covered by a supplemental type-certificate . . . . . . . . . . . . . . 25

21.A.118A Obligations and EPA marking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

21.A.118B Duration and continued validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

21.A.119 Manuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

21.A.120 Instructions for continued airworthiness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

SUBPART F PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL . . . . . . . . . . . . . . . 26

21.A.121 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
21.A.122 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
21.A.124 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
21.A.125A Issue of a letter of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
21.A.125B Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
21.A.125C Duration and continued validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
21.A.126 Production inspection system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
21.A.127 Tests: aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
21.A.128 Tests: engines and propellers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
21.A.129 Obligations of the manufacturer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
21.A.130 Statement of conformity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SUBPART G PRODUCTION ORGANISATION APPROVAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

21.A.131 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
21.A.133 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
21.A.134 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
21.A.135 Issue of production organisation approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
21.A.139 Quality System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
21.A.143 Exposition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
21.A.145 Approval requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
21.8.2012 EN Official Journal of the European Union L 224/9

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21.A.147 Changes to the approved production organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32


21.A.148 Changes of location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
21.A.149 Transferability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
21.A.151 Terms of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
21.A.153 Changes to the terms of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
21.A.157 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
21.A.158 Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
21.A.159 Duration and continued validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
21.A.163 Privileges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
21.A.165 Obligations of the holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
SUBPART H CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF
AIRWORTHINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

21.A.171 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

21.A.172 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

21.A.173 Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

21.A.174 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

21.A.175 Language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

21.A.177 Amendment or modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

21.A.179 Transferability and reissuance within Member States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

21.A.180 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

21.A.181 Duration and continued validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

21.A.182 Aircraft identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

SUBPART I NOISE CERTIFICATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

21.A.201 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

21.A.203 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

21.A.204 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

21.A.207 Amendment or modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

21.A.209 Transferability and reissuance within Member States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

21.A.210 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

21.A.211 Duration and continued validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

SUBPART J DESIGN ORGANISATION APPROVAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

21.A.231 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

21.A.233 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

21.A.234 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

21.A.235 Issue of design organisation approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

21.A.239 Design assurance system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

21.A.243 Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

21.A.245 Approval requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

21.A.247 Changes in design assurance system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

21.A.249 Transferability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

21.A.251 Terms of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

21.A.253 Changes to the terms of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40


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21.A.257 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

21.A.258 Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

21.A.259 Duration and continued validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

21.A.263 Privileges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

21.A.265 Obligations of the holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

SUBPART K PARTS AND APPLIANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

21.A.301 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

21.A.303 Compliance with applicable requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

21.A.305 Approval of parts and appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

21.A.307 Release of parts and appliances for installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

(SUBPART L NOT APPLICABLE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

SUBPART M REPAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

21.A.431A Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

21.A.431B Standard repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

21.A.432A Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

21.A.432B Demonstration of capability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

21.A.433 Repair design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

21.A.435 Classification of repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

21.A.437 Issue of a repair design approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

21.A.439 Production of repair parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

21.A.441 Repair embodiment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

21.A.443 Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

21.A.445 Unrepaired damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

21.A.447 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

21.A.449 Instructions for continued airworthiness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

21.A.451 Obligations and EPA marking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

(SUBPART N NOT APPLICABLE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

SUBPART O EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS . . . . . . . . . . . . . . . . . . . 46

21.A.601 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

21.A.602A Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

21.A.602B Demonstration of capability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

21.A.603 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

21.A.604 ETSO Authorisation for an Auxiliary Power Unit (APU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

21.A.605 Data requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

21.A.606 Issue of ETSO authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

21.A.607 ETSO authorisation privileges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

21.A.608 Declaration of design and performance (DDP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

21.A.609 Obligations of holders of ETSO authorisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

21.A.610 Approval for deviation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48


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21.A.611 Design changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

21.A.613 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

21.A.615 Inspection by the Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

21.A.619 Duration and continued validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

21.A.621 Transferability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

SUBPART P PERMIT TO FLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

21.A.701 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

21.A.703 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

21.A.705 Competent authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

21.A.707 Application for permit to fly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

21.A.708 Flight conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

21.A.709 Application for approval of flight conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

21.A.710 Approval of flight conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

21.A.711 Issue of a permit to fly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

21.A.713 Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

21.A.715 Language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

21.A.719 Transferability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

21.A.721 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

21.A.723 Duration and continued validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

21.A.725 Renewal of permit to fly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

21.A.727 Obligations of the holder of a permit to fly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

21.A.729 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

SUBPART Q IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES . . . . . . . . . . . . . . . . . . . . . . 52

21.A.801 Identification of products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

21.A.803 Handling of identification data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

21.A.804 Identification of parts and appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

21.A.805 Identification of critical parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

21.A.807 Identification of ETSO articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

SECTION B PROCEDURES FOR COMPETENT AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

SUBPART A GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

21.B.5 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

21.B.20 Obligations of the competent authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

21.B.25 Requirements for the organisation of the competent authority . . . . . . . . . . . . . . . . . . . . . . . . . 54

21.B.30 Documented procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

21.B.35 Changes in organisation and procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

21.B.40 Resolution of disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

21.B.45 Reporting/coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

21.B.55 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

21.B.60 Airworthiness directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55


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SUBPART B TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES . . . . . . . . . . . . . . . . . . . . . . . 55

(SUBPART C NOT APPLICABLE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

SUBPART D CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES . . . . . . . . . . . 55

SUBPART E SUPPLEMENTAL TYPE-CERTIFICATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

SUBPART F PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL . . . . . . . . . . . . . . . 55

21.B.120 Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
21.B.125 Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
21.B.130 Issue of letter of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
21.B.135 Maintenance of the letter of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
21.B.140 Amendment of a letter of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
21.B.145 Limitation, suspension and revocation of a letter of agreement . . . . . . . . . . . . . . . . . . . . . . . . . 57
21.B.150 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
SUBPART G PRODUCTION ORGANISATION APPROVAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

21.B.220 Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
21.B.225 Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
21.B.230 Issue of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
21.B.235 Continued surveillance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
21.B.240 Amendment of a production organisation approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
21.B.245 Suspension and revocation of a production organisation approval . . . . . . . . . . . . . . . . . . . . . . . 59
21.B.260 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
SUBPART H CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF
AIRWORTHINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

21.B.320 Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
21.B.325 Issue of airworthiness certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
21.B.326 Certificate of airworthiness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
21.B.327 Restricted certificate of airworthiness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
21.B.330 Suspension and revocation of certificates of airworthiness and restricted certificates of
airworthiness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
21.B.345 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
SUBPART I NOISE CERTIFICATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

21.B.420 Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
21.B.425 Issue of noise certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
21.B.430 Suspension and revocation of a noise certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
21.B.445 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
SUBPART J DESIGN ORGANISATION APPROVAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

SUBPART K PARTS AND APPLIANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

(SUBPART L NOT APPLICABLE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

SUBPART M REPAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

(SUBPART N NOT APPLICABLE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

SUBPART O EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS . . . . . . . . . . . . . . . . . . . 62

SUBPART P PERMIT TO FLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

21.B.520 Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

21.B.525 Issue of permits to fly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63


21.8.2012 EN Official Journal of the European Union L 224/13

Page

21.B.530 Revocation of permits to fly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

21.B.545 Record-keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

SUBPART Q IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES . . . . . . . . . . . . . . . . . . . . . . 63

Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

Appendix I EASA Form 1 Authorised Release Certificate; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

Appendix II EASA Form 15a Airworthiness Review Certificate; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Appendix III EASA Form 20a Permit to Fly; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Appendix IV EASA Form 20b Permit to Fly (issued by approved organisations); . . . . . . . . . . . . . . . . . 72

Appendix V EASA Form 24 Restricted Certificate of Airworthiness; . . . . . . . . . . . . . . . . . . . . . . . . . . 73

Appendix VI EASA Form 25 Certificate of Airworthiness; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

Appendix VII EASA Form 45 Noise Certificate; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Appendix VIII EASA Form 52 Aircraft Statement of Conformity; . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

Appendix IX EASA Form 53 Certificate of Release to Service; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

Appendix X EASA Form 55 Production Organisation Approval Certificate; . . . . . . . . . . . . . . . . . . . . 81

Appendix XI EASA Form 65 Letter of Agreement for production without production organisation
approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
L 224/14 EN Official Journal of the European Union 21.8.2012

21.1 General

For the purpose of this Annex I (Part 21), competent authority shall be:
(a) for organisations having their principal place of business in a Member State, the authority designated by that Member
State; or the Agency if so requested by that Member State; or
(b) for organisations having their principal place of business in a non-member State, the Agency.

SECTION A

TECHNICAL REQUIREMENTS

SUBPART A GENERAL PROVISIONS

21.A.1 Scope

This Section establishes general provisions governing the rights and obligations of the applicant for, and holder of, any
certificate issued or to be issued in accordance with this Section.

21.A.2 Undertaking by another person than the applicant for, or holder of, a certificate

The actions and obligations required to be undertaken by the holder of, or applicant for, a certificate for a product, part
or appliance under this Section may be undertaken on its behalf by any other natural or legal person, provided the holder
of, or applicant for, that certificate can show that it has made an agreement with the other person such as to ensure that
the holders obligations are and will be properly discharged.

21.A.3A Failures, malfunctions and defects

(a) System for Collection, Investigation and Analysis of Data

The holder of a type-certificate, restricted type-certificate, supplemental type-certificate, European Technical Standard
Order (ETSO) authorisation, major repair design approval or any other relevant approval deemed to have been issued
under this Regulation shall have a system for collecting, investigating and analysing reports of and information related
to failures, malfunctions, defects or other occurrences which cause or might cause adverse effects on the continuing
airworthiness of the product, part or appliance covered by the type-certificate, restricted type-certificate, supplemental
type-certificate, ETSO authorisation, major repair design approval or any other relevant approval deemed to have been
issued under this Regulation. Information about this system shall be made available to all known operators of the
product, part or appliance and, on request, to any person authorised under other associated implementing Regu
lations.

(b) Reporting to the Agency


1. The holder of a type-certificate, restricted type-certificate, supplemental type-certificate, ETSO authorisation, major
repair design approval or any other relevant approval deemed to have been issued under this Regulation shall
report to the Agency any failure, malfunction, defect or other occurrence of which it is aware related to a product,
part, or appliance covered by the type-certificate, restricted type-certificate, supplemental type-certificate, ETSO
authorisation, major repair design approval or any other relevant approval deemed to have been issued under this
Regulation, and which has resulted in or may result in an unsafe condition.
2. These reports shall be made in a form and manner established by the Agency, as soon as practicable and in any
case dispatched not later than 72 hours after the identification of the possible unsafe condition, unless exceptional
circumstances prevent this.

(c) Investigation of Reported Occurrences


1. When an occurrence reported under point (b), or under points 21.A.129(f)(2) or 21.A.165(f)(2) results from a
deficiency in the design, or a manufacturing deficiency, the holder of the type-certificate, restricted type-certificate,
supplemental type-certificate, major repair design approval, ETSO authorisation, or any other relevant approval
deemed to have been issued under this Regulation, or the manufacturer as appropriate, shall investigate the reason
for the deficiency and report to the Agency the results of its investigation and any action it is taking or proposes to
take to correct that deficiency.
21.8.2012 EN Official Journal of the European Union L 224/15

2. If the Agency finds that an action is required to correct the deficiency, the holder of the type-certificate, restricted
type-certificate, supplemental type-certificate, major repair design approval, ETSO authorisation, or any other
relevant approval deemed to have been issued under this Regulation, or the manufacturer as appropriate, shall
submit the relevant data to the Agency.

21.A.3B Airworthiness directives

(a) An airworthiness directive means a document issued or adopted by the Agency which mandates actions to be
performed on an aircraft to restore an acceptable level of safety, when evidence shows that the safety level of this
aircraft may otherwise be compromised.

(b) The Agency shall issue an airworthiness directive when:


1. an unsafe condition has been determined by the Agency to exist in an aircraft, as a result of a deficiency in the
aircraft, or an engine, propeller, part or appliance installed on this aircraft; and
2. that condition is likely to exist or develop in other aircraft.

(c) When an airworthiness directive has to be issued by the agency to correct the unsafe condition referred to in point
(b), or to require the performance of an inspection, the holder of the type-certificate, restricted type-certificate,
supplemental type-certificate, major repair design approval, ETSO authorisation or any other relevant approval
deemed to have been issued under this Regulation, shall:
1. propose the appropriate corrective action or required inspections, or both, and submit details of these proposals to
the Agency for approval;
2. following the approval by the Agency of the proposals referred to under point (1), make available to all known
operators or owners of the product, part or appliance and, on request, to any person required to comply with the
airworthiness directive, appropriate descriptive data and accomplishment instructions.

(d) An airworthiness directive shall contain at least the following information:


1. an identification of the unsafe condition;
2. an identification of the affected aircraft;
3. the action(s) required;
4. the compliance time for the required action(s);
5. the date of entry into force.

21.A.4 Coordination between design and production

Each holder of a type-certificate, restricted type-certificate, supplemental type-certificate, ETSO authorisation, approval of a
change to type design or approval of a repair design, shall collaborate with the production organisation as necessary to
ensure:
(a) the satisfactory coordination of design and production required by point 21.A.122 or point 21.A.133 or point
21.A.165(c)(2) as appropriate; and
(b) the proper support of the continued airworthiness of the product, part or appliance.

SUBPART B TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES

21.A.11 Scope

This Subpart establishes the procedure for issuing type-certificates for products and restricted type-certificates for aircraft,
and establishes the rights and obligations of the applicants for, and holders of, those certificates.
L 224/16 EN Official Journal of the European Union 21.8.2012

21.A.13 Eligibility

Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability in accordance with
point 21.A.14 shall be eligible as an applicant for a type-certificate or a restricted type-certificate under the conditions laid
down in this Subpart.

21.A.14 Demonstration of capability

(a) Any organisation applying for a type-certificate or restricted type-certificate shall demonstrate its capability by holding
a design organisation approval, issued by the Agency in accordance with Subpart J.

(b) By way of derogation from point (a), as an alternative procedure to demonstrate its capability, an applicant may seek
the agreement of the Agency for the use of procedures setting out the specific design practices, resources and
sequence of activities necessary to comply with this Annex I (Part 21), when the product is one of the following:
1. an ELA2 aircraft;
2. an engine or propeller installed in ELA2 aircraft;
3. a piston engine;
4. a fixed or adjustable pitch propeller.

(c) By way of derogation from point (a), an applicant may choose for demonstration of capability by providing the
Agency with the certification programme required by point 21.A.20(b) when the product is one of the following:
1. an ELA1 aircraft;
2. an engine or propeller installed in an ELA1 aircraft.

21.A.15 Application

(a) An application for a type-certificate or restricted type-certificate shall be made in a form and manner established by
the Agency.
(b) An application for an aircraft type-certificate or restricted type-certificate shall be accompanied by a three-view
drawing of that aircraft and preliminary basic data, including the proposed operating characteristics and limitations.
(c) An application for an engine or propeller type-certificate shall be accompanied by a general arrangement drawing, a
description of the design features, the operating characteristics, and the proposed operating limitations, of the engine,
or propeller.

21.A.16A Airworthiness codes

The Agency shall issue in accordance with Article 19 of Regulation (EC) No 216/2008 airworthiness codes as standard
means to show compliance of products, parts and appliances with the essential requirements of Annex I (Part 21) to
Regulation (EC) No 216/2008. Such codes shall be sufficiently detailed and specific to indicate to applicants the
conditions under which certificates will be issued.

21.A.16B Special conditions

(a) The Agency shall prescribe special detailed technical specifications, named special conditions, for a product, if the
related airworthiness code does not contain adequate or appropriate safety standards for the product, because:
1. the product has novel or unusual design features relative to the design practices on which the applicable
airworthiness code is based; or
2. the intended use of the product is unconventional; or
3. experience from other similar products in service or products having similar design features, has shown that unsafe
conditions may develop.
21.8.2012 EN Official Journal of the European Union L 224/17

(b) The special conditions contain such safety standards as the Agency finds necessary to establish a level of safety
equivalent to that established in the applicable airworthiness code.

21.A.17 Type-certification basis

(a) The type-certification basis to be notified for the issuance of a type-certificate or a restricted type-certificate shall
consist of:
1. the applicable airworthiness code established by the Agency that is effective on the date of application for that
certificate unless:
(i) otherwise specified by the Agency; or
(ii) compliance with certification specifications of later effective amendments is chosen by the applicant or required
under points (c) and (d);
2. any special condition prescribed in accordance with point 21.A.16B(a).

(b) An application for type-certification of large aeroplanes and large rotorcraft shall be effective for five years and an
application for any other type-certificate shall be effective for three years, unless an applicant shows at the time of
application that its product requires a longer period of time for design, development, and testing, and the Agency
approves a longer period.

(c) In the case where a type-certificate has not been issued, or it is clear that a type-certificate will not be issued, within
the time limit established under point (b), the applicant may:
1. file a new application for a type-certificate and comply with all the provisions of point (a) applicable to an original
application; or
2. file for an extension of the original application and comply with the applicable airworthiness codes that were
effective on a date, to be selected by the applicant, not earlier than the date which precedes the date of issue of the
type-certificate by the time limit established under point (b) for the original application.

(d) If an applicant chooses to comply with a certification specification of an amendment to the airworthiness codes that is
effective after the filing of the application for a type-certificate, the applicant shall also comply with any other
certification specification that the Agency finds is directly related.

21.A.18 Designation of applicable environmental protection requirements and certification specifications

(a) The applicable noise requirements for the issue of a type-certificate for an aircraft are prescribed according to the
provisions of Chapter 1 of Annex 16, Volume I, Part II to the Chicago Convention and:
1. for subsonic jet aeroplanes, in Volume I, Part II, Chapters 2, 3 and 4, as applicable;
2. for propeller-driven aeroplanes, in Volume I, Part II, Chapters 3, 4, 5, 6 and 10, as applicable;
3. for helicopters, in Volume I, Part II, Chapters 8 and 11, as applicable; and
4. for supersonic aeroplanes, in Volume I, Part II, Chapter 12, as applicable.

(b) The applicable emission requirements for the issue of a type-certificate for an aircraft and engine are prescribed in
Annex 16 to the Chicago Convention:
1. for prevention of intentional fuel venting, in Volume II, Part II, Chapter 2;
2. for emissions of turbo-jet and turbofan engines intended for propulsion only at subsonic speeds, in Volume II, Part
III, Chapter 2; and
3. for emissions of turbo-jet and turbofan engines intended for propulsion only at supersonic speeds, in Volume II,
Part III, Chapter 3.

(c) The Agency shall issue, in accordance with Article 19 of Regulation (EC) No 216/2008, certification specifications
providing for acceptable means to demonstrate compliance with the noise and the emission requirements laid down
in points (a) and (b) respectively.
L 224/18 EN Official Journal of the European Union 21.8.2012

21.A.19 Changes requiring a new type-certificate

Any natural or legal person proposing to change a product shall apply for a new type-certificate if the Agency finds that
the change in design, power, thrust, or mass is so extensive that a substantially complete investigation of compliance with
the applicable type-certification basis is required.

21.A.20 Compliance with the type-certification basis and environmental protection requirements

(a) The applicant for a type-certificate or a restricted type-certificate shall demonstrate compliance with the applicable
type-certification basis and environmental protection requirements and shall provide the Agency with the means by
which such compliance has been demonstrated.

(b) The applicant shall provide the Agency with a certification programme detailing the means for compliance demon
stration. This document shall be updated as necessary during the certification process.

(c) The applicant shall record justification of compliance within compliance documents according to the certification
programme established under point (b).

(d) The applicant shall declare that it has demonstrated compliance with the applicable type-certification basis and
environmental protection requirements, according to the certification programme established under point (b).

(e) Where the applicant holds an appropriate design organisation approval, the declaration of point (d) shall be made
according to the provisions of Subpart J.

21.A.21 Issue of a type-certificate

The applicant shall be entitled to have a product type-certificate issued by the Agency after:
(a) demonstrating its capability in accordance with point 21.A.14;
(b) submitting the declaration referred to in point 21.A.20(d); and
(c) it is shown that:
1. the product to be certificated meets the applicable type-certification basis and environmental protection
requirements designated in accordance with points 21.A.17 and 21.A.18;
2. any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of
safety;
3. no feature or characteristic makes it unsafe for the uses for which certification is requested; and
4. the type-certificate applicant has expressly stated that it is prepared to comply with point 21.A.44.
(d) In the case of an aircraft type-certificate, the engine or propeller, or both, if installed in the aircraft, have a type-
certificate issued or determined in accordance with this Regulation.

21.A.23 Issue of a restricted type-certificate

(a) For an aircraft that does not meet the provisions of point 21.A.21(c), the applicant shall be entitled to have a
restricted type-certificate issued by the Agency after:
1. complying with the appropriate type-certification basis established by the Agency ensuring adequate safety with
regard to the intended use of the aircraft, and with the applicable environmental protection requirements;
2. expressly stating that it is prepared to comply with point 21.A.44.

(b) The engine or propeller installed in the aircraft, or both, shall:


1. have a type-certificate issued or determined in accordance with this Regulation; or
2. have been shown to be in compliance with the certification specifications necessary to ensure safe flight of the
aircraft.
21.8.2012 EN Official Journal of the European Union L 224/19

21.A.31 Type design

(a) The type design shall consist of:


1. the drawings and specifications, and a listing of those drawings and specifications, necessary to define the
configuration and the design features of the product shown to comply with the applicable type-certification
basis and environmental protection requirements;
2. information on materials and processes and on methods of manufacture and assembly of the product necessary to
ensure the conformity of the product;
3. an approved airworthiness limitations section of the instructions for continued airworthiness as defined by the
applicable airworthiness code; and
4. any other data necessary to allow by comparison, the determination of the airworthiness, the characteristics of
noise, fuel venting, and exhaust emissions (where applicable) of later products of the same type.

(b) Each type design shall be adequately identified.

21.A.33 Inspection and tests

(a) The applicant shall perform all inspections and tests necessary to demonstrate compliance with the applicable type-
certification basis and environmental protection requirements.

(b) Before each test required by point (a) is undertaken, the applicant shall have determined:
1. for the test specimen:
(i) that materials and processes adequately conform to the specifications for the proposed type design;
(ii) that parts of the products adequately conform to the drawings in the proposed type design;
(iii) that the manufacturing processes, construction and assembly adequately conform to those specified in the
proposed type design; and
2. that the test equipment and all measuring equipment used for tests are adequate for the test and are appropriately
calibrated.

(c) The applicant shall allow the Agency to make any inspection necessary to check compliance with point (b).

(d) The applicant shall allow the Agency to review any report and make any inspection and to perform or witness any
flight and ground test necessary to check the validity of the declaration of compliance submitted by the applicant
under point 21.A.20(d) and to determine that no feature or characteristic makes the product unsafe for the uses for
which certification is requested.

(e) For tests performed or witnessed by the Agency under point (d):
1. the applicant shall submit to the Agency a statement of compliance with point (b); and
2. no change relating to the test that would affect the statement of compliance may be made to a product, part or
appliance between the time compliance with point (b) is shown and the time it is presented to the Agency for test.

21.A.35 Flight Tests

(a) Flight testing for the purpose of obtaining a type-certificate shall be conducted in accordance with conditions for such
flight testing specified by the Agency.

(b) The applicant shall make all flight tests that the Agency finds necessary:
1. to determine compliance with the applicable type-certification basis and environmental protection requirements;
and
2. to determine whether there is reasonable assurance that the aircraft, its parts and appliances are reliable and
function properly for aircraft to be certificated under this Annex I (Part 21), except for,
(i) sailplanes and powered sailplanes;
(ii) balloons and airships defined in ELA1 or ELA2;
(iii) aeroplanes of 2 722 kg or less maximum take-off mass (MTOM).
L 224/20 EN Official Journal of the European Union 21.8.2012

(c) (Reserved)

(d) (Reserved)

(e) (Reserved)

(f) The flight tests prescribed in point (b)(2) shall include:


1. for aircraft incorporating turbine engines of a type not previously used in a type-certificated aircraft, at least 300
hours of operation with a full complement of engines that conform to a type-certificate; and
2. for all other aircraft, at least 150 hours of operation.

21.A.41 Type-certificate

The type-certificate and restricted type-certificate are both considered to include the type design, the operating limitations,
the type-certificate data sheet for airworthiness and emissions, the applicable type-certification basis and environmental
protection requirements with which the Agency records compliance, and any other conditions or limitations prescribed
for the product in the applicable certification specifications and environmental protection requirements. The aircraft type-
certificate and restricted type-certificate, in addition, both include the type-certificate data sheet for noise. The engine type-
certificate data sheet includes the record of emission compliance.

21.A.44 Obligations of the holder

Each holder of a type-certificate or restricted type-certificate shall:


(a) undertake the obligations laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.55, 21.A.57 and 21.A.61; and, for this
purpose, shall continue to meet the qualification requirements for eligibility under point 21.A.14; and
(b) specify the marking in accordance with Subpart Q.

21.A.47 Transferability

Transfer of a type-certificate or restricted type-certificate may only be made to a natural or legal person that is able to
undertake the obligations under point 21.A.44, and, for this purpose, has demonstrated its ability to qualify under the
criteria of point 21.A.14.

21.A.51 Duration and continued validity

(a) A type-certificate and restricted type-certificate shall be issued for an unlimited duration. They shall remain valid
subject to:
1. the holder remaining in compliance with this Annex 1 (Part 21); and
2. the certificate not being surrendered or revoked under the applicable administrative procedures established by the
Agency.

(b) Upon surrender or revocation, the type-certificate and restricted type-certificate shall be returned to the Agency.

21.A.55 Record-keeping

All relevant design information, drawings and test reports, including inspection records for the product tested, shall be
held by the type-certificate or restricted type-certificate holder at the disposal of the Agency and shall be retained in order
to provide the information necessary to ensure the continued airworthiness and compliance with applicable environ
mental protection requirements of the product.
21.8.2012 EN Official Journal of the European Union L 224/21

21.A.57 Manuals

The holder of a type-certificate or restricted type-certificate shall produce, maintain and update master copies of all
manuals required by the applicable type-certification basis and environmental protection requirements for the product,
and provide copies, on request, to the Agency.

21.A.61 Instructions for continued airworthiness

(a) The holder of the type-certificate or restricted type-certificate shall furnish at least one set of complete instructions for
continued airworthiness, comprising descriptive data and accomplishment instructions prepared in accordance with
the applicable type-certification basis, to each known owner of one or more aircraft, engine or propeller upon its
delivery or upon issue of the first certificate of airworthiness for the affected aircraft, whichever occurs later and
thereafter make those instructions available on request to any other person required to comply with any of the terms
of those instructions. The availability of some manual or portion of the instructions for continued airworthiness,
dealing with overhaul or other forms of heavy maintenance, may be delayed until after the product has entered into
service, but shall be available before any of the products reaches the relevant age or flight-hours/cycles.

(b) In addition, changes to the instructions for continued airworthiness shall be made available to all known operators of
the product and shall be made available on request to any person required to comply with any of those instructions.
A programme showing how changes to the instructions for continued airworthiness are distributed shall be submitted
to the Agency.

(SUBPART C NOT APPLICABLE)

SUBPART D CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES

21.A.90A Scope

This Subpart establishes the procedure for the approval of changes to type designs and type-certificates, and establishes
the rights and obligations of the applicants for, and holders of, those approvals. This Subpart also defines standard
changes that are not subject to an approval process under this Subpart. In this Subpart, references to type-certificates
include type-certificate and restricted type-certificate.

21.A.90B Standard changes

(a) Standard changes are changes to a type design:


1. in relation to:
(i) aeroplanes of 5 700 kg Maximum Take-Off Mass (MTOM) or less;
(ii) rotorcraft of 3 175 kg MTOM or less;
(iii) sailplanes, powered sailplanes, balloons and airships, as defined in ELA1 or ELA2,
2. that follow design data included in certification specifications issued by the Agency, containing acceptable methods,
techniques and practices for carrying out and identifying standard changes, including the associated instructions for
continuing airworthiness; and
3. that are not in conflict with TC holders data.

(b) Points 21.A.91 to 21.A.109 are not applicable to standard changes.

21.A.91 Classification of changes in type design

Changes in type design are classified as minor and major. A minor change is one that has no appreciable effect on the
mass, balance, structural strength, reliability, operational characteristics, noise, fuel venting, exhaust emission, or other
characteristics affecting the airworthiness of the product. Without prejudice to point 21.A.19, all other changes are major
changes under this Subpart. Major and minor changes shall be approved in accordance with points 21.A.95 or 21.A.97
as appropriate, and shall be adequately identified.
L 224/22 EN Official Journal of the European Union 21.8.2012

21.A.92 Eligibility

(a) Only the type-certificate holder may apply for approval of a major change to a type design under this Subpart; all
other applicants for a major change to a type design shall apply under Subpart E.

(b) Any natural or legal person may apply for approval of a minor change to a type design under this Subpart.

21.A.93 Application

An application for approval of a change to a type design shall be made in a form and manner established by the Agency
and shall include:
(a) A description of the change identifying:
1. all parts of the type design and the approved manuals affected by the change; and
2. the certification specifications and environmental protection requirements with which the change has been
designed to comply in accordance with point 21.A.101.
(b) Identification of any re-investigations necessary to show compliance of the changed product with the applicable
certification specifications and environmental protection requirements.

21.A.95 Minor changes

Minor changes in a type design shall be classified and approved either:


(a) by the Agency; or
(b) by an appropriately approved design organisation under a procedure agreed with the Agency.

21.A.97 Major changes

(a) An applicant for approval of a major change shall:


1. submit to the Agency substantiating data together with any necessary descriptive data for inclusion in the type
design;
2. demonstrate that the changed product complies with applicable certification specifications and environmental
protection requirements, as specified in point 21.A.101;
3. comply with points 21.A.20(b), (c) and (d); and
4. where the applicant holds an appropriate design organisation approval, make the declaration referred to in point
21.A.20(d) according to the provisions of Subpart J;
5. comply with point 21.A.33 and, where applicable, point 21.A.35.

(b) Approval of a major change in a type design is limited to that or those specific configuration(s) in the type design
upon which the change is made.

21.A.101 Designation of applicable certification specifications and environmental protection requirements

(a) An applicant for a change to a type-certificate shall demonstrate that the changed product complies with the
airworthiness code that is applicable to the changed product and that is in effect at the date of the application for
the change, unless compliance with certification specifications of later effective amendments is chosen by the applicant
or required under points (e) and (f), and with the applicable environmental protection requirements laid down in point
21.A.18.
21.8.2012 EN Official Journal of the European Union L 224/23

(b) By derogation from point (a), an applicant may show that the changed product complies with an earlier amendment
of the airworthiness code defined in point (a), and of any other certification specification the Agency finds is directly
related. However, the earlier amended airworthiness code may not precede the corresponding airworthiness code
incorporated by reference in the type-certificate. The applicant may show compliance with an earlier amendment of
an airworthiness code for any of the following:
1. A change that the Agency finds not to be significant. In determining whether a specific change is significant, the
Agency considers the change in context with all previous relevant design changes and all related revisions to the
applicable certification specifications incorporated in the type-certificate for the product. Changes that meet one of
the following criteria are automatically considered significant:
(i) the general configuration or the principles of construction are not retained;
(ii) the assumptions used for certification of the product to be changed do not remain valid.
2. Each area, system, part or appliance that the Agency finds is not affected by the change.
3. Each area, system, part or appliance that is affected by the change, for which the Agency finds that compliance
with an airworthiness code described in point (a) would not contribute materially to the level of safety of the
changed product or would be impractical.

(c) An applicant for a change to an aircraft (other than a rotorcraft) of 2 722 kg (6 000 lbs) or less maximum weight or
to a non-turbine rotorcraft of 1 361 kg (3 000 lbs) or less maximum weight may show that the changed product
complies with the type-certification basis incorporated by reference in the type-certificate. However, if the Agency
finds that the change is significant in an area, the Agency may designate compliance with an amendment to the type-
certification basis incorporated by reference in the type-certificate, in effect at the date of the application, and any
certification specification that the Agency finds is directly related, unless the Agency also finds that compliance with
that amendment or certification specification would not contribute materially to the level of safety of the changed
product or would be impractical.

(d) If the Agency finds that the airworthiness code in effect at the date of the application for the change does not provide
adequate standards with respect to the proposed change, the applicant shall also comply with any special conditions,
and amendments to those special conditions, prescribed under the provisions of point 21.A.16B, to provide a level of
safety equivalent to that established in the airworthiness code in effect at the date of the application for the change.

(e) An application for a change to a type-certificate for large aeroplanes and large rotorcraft is effective for five years, and
an application for a change to any other type-certificate is effective for three years. In a case where the change has not
been approved, or it is clear that it will not be approved under the time limit established under this point, the
applicant may:
1. file a new application for a change to the type-certificate and comply with all the provisions of point (a) applicable
to an original application for a change; or
2. file for an extension of the original application and comply with the provisions of point (a) for an effective date of
application, to be selected by the applicant, not earlier than the date which precedes the date of approval of the
change by the time period established under this point for the original application for the change.

(f) If an applicant chooses to comply with a certification specification of an amendment to the airworthiness codes that is
effective after the filing of the application for a change to a type, the applicant shall also comply with any other
certification specification that the Agency finds is directly related.

21.A.103 Issue of approval

(a) The applicant shall be entitled to have a major change to a type design approved by the Agency after:
1. submitting the declaration referred to in point 21.A.20(d); and
2. it is demonstrated that:
(i) the changed product meets the applicable certification specifications and environmental protection require
ments, as specified in point 21.A.101;
(ii) any airworthiness provisions not complied with are compensated for by factors that provide an equivalent
level of safety; and
(iii) no feature or characteristic makes the product unsafe for the uses for which certification is requested.
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(b) A minor change to a type design shall only be approved in accordance with point 21.A.95 if it is shown that the
changed product meets the applicable certification specifications, as specified in point 21.A.101.

21.A.105 Record-keeping

For each change, all relevant design information, drawings and test reports, including inspection records for the changed
product tested, shall be held by the applicant at the disposal of the Agency and shall be retained in order to provide the
information necessary to ensure the continued airworthiness and compliance with applicable environmental protection
requirements of the changed product.

21.A.107 Instructions for continued airworthiness

(a) The holder of a minor change approval to type design shall furnish at least one set of the associated variations, if any,
to the instructions for continued airworthiness of the product on which the minor change is to be installed, prepared
in accordance with the applicable type-certification basis, to each known owner of one or more aircraft, engine, or
propeller incorporating the minor change, upon its delivery, or upon issuance of the first certificate of airworthiness
for the affected aircraft, whichever occurs later, and thereafter make those variations in instructions available, on
request, to any other person required to comply with any of the terms of those instructions.

(b) In addition, changes to those variations of the instructions for continued airworthiness shall be made available to all
known operators of a product incorporating the minor change and shall be made available, on request, to any person
required to comply with any of those instructions.

21.A.109 Obligations and EPA marking

The holder of a minor change approval to type design shall:


(a) undertake the obligations laid down in points 21.A.4, 21.A.105 and 21.A.107; and
(b) specify the marking, including EPA (European Part Approval) letters, in accordance with point 21.A.804(a).

SUBPART E SUPPLEMENTAL TYPE-CERTIFICATES

21.A.111 Scope

This Subpart establishes the procedure for the approval of major changes to the type design under supplemental type-
certificate procedures, and establishes the rights and obligations of the applicants for, and holders of, those certificates.

21.A.112A Eligibility

Any natural or legal person (organisation) that has demonstrated, or is in the process of demonstrating, its capability
under point 21.A.112B shall be eligible as an applicant for a supplemental type-certificate under the conditions laid down
in this Subpart.

21.A.112B Demonstration of capability

(a) Any organisation applying for a supplemental type-certificate shall demonstrate its capability by holding a design
organisation approval, issued by the Agency in accordance with Subpart J.

(b) By way of derogation from point (a), as an alternative procedure to demonstrate its capability, an applicant may seek
Agency agreement for the use of procedures setting out the specific design practices, resources and sequence of
activities necessary to comply with this Subpart.
21.8.2012 EN Official Journal of the European Union L 224/25

(c) By way of derogation from points (a) and (b), an applicant may choose for demonstration of capability through
Agency approval of a certification programme detailing the means for compliance demonstration for an STC on an
aircraft, engine and propeller defined in point 21.A.14(c).

21.A.113 Application for a supplemental type-certificate

(a) An application for a supplemental type-certificate shall be made in a form and manner established by the Agency.

(b) An application for a supplemental type-certificate shall include the descriptions and identification required by point
21.A.93. In addition, such an application shall include a justification that the information on which those identifi
cations are based is adequate either from the applicants own resources, or through an arrangement with the type-
certificate holder.

21.A.114 Showing of compliance

Any applicant for a supplemental type-certificate shall comply with point 21.A.97.

21.A.115 Issue of a supplemental type-certificate

The applicant shall be entitled to have a supplemental type-certificate issued by the Agency after:
(a) submitting the declaration referred to in point 21.A.20(d); and
(b) it is demonstrated that:
1. the changed product meets the applicable certification specifications and environmental protection requirements, as
specified in point 21.A.101;
2. any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of
safety; and
3. no feature or characteristic makes the product unsafe for the uses for which certification is requested.
(c) demonstrating its capability in accordance with point 21.A.112B;
(d) where, under point 21.A.113(b), the applicant has entered into an arrangement with the type-certificate holder,
1. the type-certificate holder has advised that it has no technical objection to the information submitted under point
21.A.93; and
2. the type-certificate holder has agreed to collaborate with the supplemental type-certificate holder to ensure
discharge of all obligations for continued airworthiness of the changed product through compliance with points
21.A.44 and 21.A.118A.

21.A.116 Transferability

A supplemental type-certificate shall only be transferred to a natural or legal person that is able to undertake the
obligations of point 21.A.118A and for this purpose has demonstrated its ability to qualify under the criteria of point
21.A.112B except for ELA1 aircraft for which the natural or legal person has sought the Agency agreement for the use of
procedures setting out its activities to undertake these obligations.

21.A.117 Changes to that part of a product covered by a supplemental type-certificate

(a) Minor changes to that part of a product covered by a supplemental type-certificate shall be classified and approved in
accordance with Subpart D.

(b) Each major change to that part of a product covered by a supplemental type-certificate shall be approved as a separate
supplemental type-certificate in accordance with this Subpart.
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(c) By way of derogation from point (b), a major change to that part of a product covered by a supplemental type-
certificate submitted by the supplemental type-certificate holder itself may be approved as a change to the existing
supplemental type-certificate.

21.A.118A Obligations and EPA marking

Each holder of a supplemental type-certificate shall:


(a) undertake the obligations:
1. laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.105, 21.A.119 and 21.A.120;
2. implicit in the collaboration with the type-certificate holder under point 21.A.115(c)(2);
and for this purpose continue to meet the criteria of point 21.A.112B;
(b) specify the marking, including EPA letters, in accordance with point 21.A.804(a).

21.A.118B Duration and continued validity

(a) A supplemental type-certificate shall be issued for an unlimited duration. It shall remain valid subject to:
1. the holder remaining in compliance with this Annex I (Part 21); and
2. the certificate not being surrendered or revoked under the applicable administrative procedures established by the
Agency.

(b) Upon surrender or revocation, the supplemental type-certificate shall be returned to the Agency.

21.A.119 Manuals

The holder of a supplemental type-certificate shall produce, maintain, and update master copies of variations in the
manuals required by the applicable type-certification basis and environmental protection requirements for the product,
necessary to cover the changes introduced under the supplemental type-certificate, and furnish copies of these manuals to
the Agency on request.

21.A.120 Instructions for continued airworthiness

(a) The holder of the supplemental type-certificate for an aircraft, engine, or propeller, shall furnish at least one set of the
associated variations to the instructions for continued airworthiness, prepared in accordance with the applicable type-
certification basis, to each known owner of one or more aircraft, engine, or propeller incorporating the features of the
supplemental type-certificate, upon its delivery, or upon issuance of the first certificate of airworthiness for the
affected aircraft, whichever occurs later, and thereafter make those variations in instructions available, on request,
to any other person required to comply with any of the terms of those instructions. Availability of some manual or
portion of the variations to the instructions for continued airworthiness, dealing with overhaul or other forms of
heavy maintenance, may be delayed until after the product has entered into service, but shall be available before any
of the products reaches the relevant age or flight-hours/cycles.

(b) In addition, changes to those variations of the instructions for continued airworthiness shall be made available to all
known operators of a product incorporating the supplemental type-certificate and shall be made available, on request,
to any person required to comply with any of those instructions. A programme showing how changes to the
variations to the instructions for continued airworthiness are distributed shall be submitted to the Agency.

SUBPART F PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL

21.A.121 Scope

(a) This Subpart establishes the procedure for demonstrating the conformity with the applicable design data of a product,
part and appliance that is intended to be manufactured without a production organisation approval under Subpart G.
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(b) This Subpart establishes the rules governing the obligations of the manufacturer of a product, part, or appliance being
manufactured under this Subpart.

21.A.122 Eligibility

Any natural or legal person may apply to show conformity of individual products, parts or appliances under this Subpart,
if:
(a) it holds or has applied for an approval covering the design of that product, part or appliance; or
(b) it has ensured satisfactory coordination between production and design, through an appropriate arrangement with the
applicant for, or holder of, an approval of such a design.

21.A.124 Application

(a) Each application for an agreement to the showing of conformity of individual products, parts and appliances under
this Subpart shall be made in a form and manner established by the competent authority.

(b) Such application shall contain:


1. evidence which demonstrates, where applicable, that:
(i) the issuance of a production organisation approval under Subpart G would be inappropriate; or
(ii) the certification or approval of a product, part or appliance under this Subpart is needed pending the issuance
of a production organisation approval under Subpart G;
2. an outline of the information required in point 21.A.125A(b).

21.A.125A Issue of a letter of agreement

The applicant shall be entitled to have a letter of agreement issued by the competent authority agreeing to the showing of
conformity of individual products, parts and appliances under this Subpart, after:
(a) having established a production inspection system that ensures that each product, part or appliance conforms to the
applicable design data and is in condition for safe operation;
(b) having provided a manual that contains:
1. a description of the production inspection system required under point (a);
2. a description of the means for making the determination of the production inspection system;
3. a description of the tests required in points 21.A.127 and 21.A.128, and the names of persons authorised for the
purpose of point 21.A.130(a);
(c) demonstrating that it is able to provide assistance in accordance with points 21.A.3A and 21.A.129(d).

21.A.125B Findings

(a) When objective evidence is found showing non-compliance of the holder of a letter of agreement with the applicable
requirements of this Annex I (Part 21), the finding shall be classified as follows:
1. a level one finding is any non-compliance with this Annex I (Part 21) which could lead to uncontrolled non-
compliances with applicable design data and which could affect the safety of the aircraft;
2. a level two finding is any non-compliance with this Annex I (Part 21) which is not classified as level one.

(b) A level three finding is any item where it has been identified, by objective evidence, to contain potential problems that
could lead to a non-compliance under point (a).

(c) After receipt of notification of findings according to point 21.B.125:


1. in case of a level one finding, the holder of the letter of agreement shall demonstrate corrective action to the
satisfaction of the competent authority within a period of no more than 21 working days after written confir
mation of the finding;
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2. in case of level two findings, the corrective action period granted by the competent authority shall be appropriate
to the nature of the finding but in any case initially shall not be more than three months. In certain circumstances
and subject to the nature of the finding, the competent authority may extend the three months period subject to
the provision of a satisfactory corrective action plan agreed by the competent authority;
3. a level three finding shall not require immediate action by the holder of the letter of agreement.

(d) In case of level one or level two findings, the letter of agreement may be subject to a partial or full limitation,
suspension and revocation under point 21.B.145. The holder of the letter of agreement shall provide confirmation of
receipt of the notice of limitation, suspension or revocation of the letter of agreement in a timely manner.

21.A.125C Duration and continued validity

(a) The letter of agreement shall be issued for a limited duration not exceeding one year. It shall remain valid unless:
1. the holder of the letter of agreement fails to demonstrate compliance with the applicable requirements of this
Subpart; or
2. there is evidence that the manufacturer cannot maintain satisfactory control of the manufacture of products, parts,
or appliances under the agreement; or
3. the manufacturer no longer meets the requirements of point 21.A.122; or
4. the letter of agreement has been surrendered, revoked under point 21.B.145, or has expired.

(b) Upon surrender, revocation or expiry, the letter of agreement shall be returned to the competent authority.

21.A.126 Production inspection system

(a) The production inspection system required under point 21.A.125A(a) shall provide a means for determining that:
1. incoming materials, and bought or subcontracted parts, used in the finished product are as specified in the
applicable design data;
2. incoming materials, and bought or subcontracted parts, are properly identified;
3. processes, manufacturing techniques and methods of assembly affecting the quality and safety of the finished
product are accomplished in accordance with specifications accepted by the competent authority;
4. design changes, including material substitutions, have been approved under Subpart D or E and controlled before
being incorporated in the finished product.

(b) The production inspection system required by point 21.A.125A(a), shall also be such as to ensure that:
1. parts in process are inspected for conformity with the applicable design data at points in production where
accurate determinations can be made;
2. materials subject to damage and deterioration are suitably stored and adequately protected;
3. current design drawings are readily available to manufacturing and inspection personnel, and used when necessary;
4. rejected materials and parts are segregated and identified in a manner that precludes installation in the finished
product;
5. materials and parts that are withheld because of departures from design data or specifications, and that are to be
considered for installation in the finished product, are subjected to an approved engineering and manufacturing
review procedure. Those materials and parts determined by this procedure to be serviceable shall be properly
identified and reinspected if rework or repair is necessary. Materials and parts rejected by this procedure shall be
marked and disposed of to ensure that they are not incorporated in the final product;
6. records produced under the production inspection system are maintained, identified with the completed product or
part where practicable, and retained by the manufacturer in order to provide the information necessary to ensure
the continued airworthiness of the product.

21.A.127 Tests: aircraft

(a) Each manufacturer of an aircraft manufactured under this Subpart shall establish an approved production ground and
flight test procedure and check-off forms, and in accordance with those forms, test each aircraft produced, as a means
of establishing relevant aspects of compliance with point 21.A.125A(a).
21.8.2012 EN Official Journal of the European Union L 224/29

(b) Each production test procedure shall include at least the following:
1. a check on handling qualities;
2. a check on flight performance (using normal aircraft instrumentation);
3. a check on the proper functioning of all aircraft equipment and systems;
4. a determination that all instruments are properly marked, and that all placards and required flight manuals are
installed after flight test;
5. a check of the operational characteristics of the aircraft on the ground;
6. a check on any other items peculiar to the aircraft being tested.

21.A.128 Tests: engines and propellers

Each manufacturer of engines, or propellers manufactured under this Subpart shall subject each engine, or variable pitch
propeller, to an acceptable functional test as specified in the type-certificate holders documentation, to determine if it
operates properly throughout the range of operation for which it is type-certificated, as a means of establishing relevant
aspects of compliance with point 21.A.125A(a).

21.A.129 Obligations of the manufacturer

Each manufacturer of a product, part or appliance being manufactured under this Subpart shall:
(a) make each product, part or appliance available for inspection by the competent authority;
(b) maintain at the place of manufacture the technical data and drawings necessary to determine whether the product
conforms to the applicable design data;
(c) maintain the production inspection system that ensures that each product conforms to the applicable design data and
is in condition for safe operation;
(d) provide assistance to the holder of the type-certificate, restricted type-certificate or design approval in dealing with any
continuing airworthiness actions that are related to the products, parts or appliances that have been produced;
(e) establish and maintain an internal occurrence reporting system in the interest of safety, to enable the collection and
assessment of occurrence reports in order to identify adverse trends or to address deficiencies, and to extract
reportable occurrences. This system shall include evaluation of relevant information relating to occurrences and the
promulgation of related information;
(f) 1. report to the holder of the type-certificate, restricted type-certificate or design approval, all cases where products,
parts or appliances have been released by the manufacturer and subsequently identified to have deviations from the
applicable design data, and investigate with the holder of the type-certificate, restricted type-certificate or design
approval to identify those deviations which could lead to an unsafe condition;
2. report to the Agency and the competent authority of the Member State the deviations which could lead to an
unsafe condition identified according to point (1). Such reports shall be made in a form and manner established by
the Agency under point 21.A.3A(b)(2) or accepted by the competent authority of the Member State;
3. where the manufacturer acts as supplier to another production organisation, report also to that other organisation
all cases where it has released products, parts or appliances to that organisation and subsequently identified them
to have possible deviations from the applicable design data.

21.A.130 Statement of conformity

(a) Each manufacturer of a product, part or appliance manufactured under this Subpart shall raise a statement of
conformity, an EASA Form 52 (see Appendix VIII), for complete aircraft, or EASA Form 1 (see Appendix I), for
other products, parts or appliances. This statement shall be signed by an authorised person who holds a responsible
position in the manufacturing organisation.

(b) A statement of conformity shall include:


1. for each product, part or appliance a statement that the product, part or appliance conforms to the approved
design data and is in condition for safe operation;
2. for each aircraft, a statement that the aircraft has been ground and flight checked in accordance with point
21.A.127(a); and
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3. for each engine, or variable pitch propeller, a statement that the engine or propeller has been subjected by the
manufacturer to a final functional test, in accordance with point 21.A.128, and additionally in case of engines, a
determination according to data provided by the engine type-certificate holder that each completed engine is in
compliance with the applicable emissions requirements current at the date of manufacture of the engine.

(c) Each manufacturer of such a product, part or appliance shall:


1. upon the initial transfer by it of the ownership of such a product, part or appliance; or
2. upon application for the original issue of an aircraft certificate of airworthiness; or
3. upon application for the original issue of an airworthiness release document for an engine, a propeller, a part or
appliance,

present a current statement of conformity, for validation by the competent authority.

(d) The competent authority shall validate by counter-signature the statement of conformity if it finds after inspection
that the product, part or appliance conforms to the applicable design data and is in condition for safe operation.

SUBPART G PRODUCTION ORGANISATION APPROVAL

21.A.131 Scope

This Subpart establishes:


(a) the procedure for the issuance of a production organisation approval for a production organisation showing
conformity of products, parts and appliances with the applicable design data;
(b) the rules governing the rights and obligations of the applicant for, and holders of, such approvals.

21.A.133 Eligibility

Any natural or legal person (organisation) shall be eligible as an applicant for an approval under this Subpart. The
applicant shall:
(a) justify that, for a defined scope of work, an approval under this Subpart is appropriate for the purpose of showing
conformity with a specific design; and
(b) hold or have applied for an approval of that specific design; or
(c) have ensured, through an appropriate arrangement with the applicant for, or holder of, an approval of that specific
design, satisfactory coordination between production and design.

21.A.134 Application

Each application for a production organisation approval shall be made to the competent authority in a form and manner
established by that authority, and shall include an outline of the information required by point 21.A.143 and the terms of
approval requested to be issued under point 21.A.151.

21.A.135 Issue of production organisation approval

An organisation shall be entitled to have a production organisation approval issued by the competent authority when it
has demonstrated compliance with the applicable requirements under this Subpart.

21.A.139 Quality System

(a) The production organisation shall demonstrate that it has established and is able to maintain a quality system. The
quality system shall be documented. This quality system shall be such as to enable the organisation to ensure that
each product, part or appliance produced by the organisation or by its partners, or supplied from or subcontracted to
outside parties, conforms to the applicable design data and is in condition for safe operation, and thus exercise the
privileges set forth in point 21.A.163.
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(b) The quality system shall contain:

1. as applicable within the scope of approval, control procedures for:

(i) document issue, approval, or change;

(ii) vendor and subcontractor assessment audit and control;

(iii) verification that incoming products, parts, materials, and equipment, including items supplied new or used
by buyers of products, are as specified in the applicable design data;

(iv) identification and traceability;

(v) manufacturing processes;

(vi) inspection and testing, including production flight tests;

(vii) calibration of tools, jigs, and test equipment;

(viii) non-conforming item control;

(ix) airworthiness coordination with the applicant for, or holder of, the design approval;

(x) records completion and retention;

(xi) personnel competence and qualification;

(xii) issue of airworthiness release documents;

(xiii) handling, storage and packing;

(xiv) internal quality audits and resulting corrective actions;

(xv) work within the terms of approval performed at any location other than the approved facilities;

(xvi) work carried out after completion of production but prior to delivery, to maintain the aircraft in a condition
for safe operation;

(xvii) issue of permit to fly and approval of associated flight conditions.

The control procedures need to include specific provisions for any critical parts.

2. An independent quality assurance function to monitor compliance with, and adequacy of, the documented
procedures of the quality system. This monitoring shall include a feedback system to the person or group of
persons referred to in point 21.A.145(c)(2) and ultimately to the manager referred to in point 21.A.145(c)(1) to
ensure, as necessary, corrective action.

21.A.143 Exposition

(a) The organisation shall submit to the competent authority a production organisation exposition providing the
following information:

1. a statement signed by the accountable manager confirming that the production organisation exposition and any
associated manuals which define the approved organisations compliance with this Subpart will be complied with
at all times;

2. the title(s) and names of managers accepted by the competent authority in accordance with point 21.A.145(c)(2);

3. the duties and responsibilities of the manager(s) as required by point 21.A.145(c)(2) including matters on which
they may deal directly with the competent authority on behalf of the organisation;

4. an organisational chart showing associated chains of responsibility of the managers as required by point
21.A.145(c)(1) and (2);

5. a list of certifying staff as referred to in point 21.A.145(d);

6. a general description of man-power resources;

7. a general description of the facilities located at each address specified in the production organisations certificate
of approval;

8. a general description of the production organisations scope of work relevant to the terms of approval;

9. the procedure for the notification of organisational changes to the competent authority;

10. the amendment procedure for the production organisation exposition;


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11. a description of the quality system and the procedures as required by point 21.A.139(b)(1);
12. a list of those outside parties referred to in point 21.A.139(a).

(b) The production organisation exposition shall be amended as necessary to remain an up-to-date description of the
organisation, and copies of any amendments shall be supplied to the competent authority.

21.A.145 Approval requirements

The production organisation shall demonstrate, on the basis of the information submitted in accordance with point
21.A.143 that:
(a) with regard to general approval requirements, facilities, working conditions, equipment and tools, processes and
associated materials, number and competence of staff, and general organisation are adequate to discharge obligations
under point 21.A.165;
(b) with regard to all necessary airworthiness, noise, fuel venting and exhaust emissions data:
1. the production organisation is in receipt of such data from the Agency, and from the holder of, or applicant for,
the type-certificate, restricted type-certificate or design approval, to determine conformity with the applicable
design data;
2. the production organisation has established a procedure to ensure that airworthiness, noise, fuel venting and
exhaust emissions data are correctly incorporated in its production data;
3. such data are kept up to date and made available to all personnel who need access to such data to perform their
duties;
(c) with regard to management and staff:
1. a manager has been nominated by the production organisation, and is accountable to the competent authority. His
or her responsibility within the organisation shall consist of ensuring that all production is performed to the
required standards and that the production organisation is continuously in compliance with the data and
procedures identified in the exposition referred to in point 21.A.143;
2. a person or group of persons have been nominated by the production organisation to ensure that the organisation
is in compliance with the requirements of this Annex I (Part 21), and are identified, together with the extent of
their authority. Such person(s) shall act under the direct authority of the accountable manager referred to in
point (1). The persons nominated shall be able to show the appropriate knowledge, background and experience to
discharge their responsibilities;
3. staff at all levels have been given appropriate authority to be able to discharge their allocated responsibilities and
that there is full and effective coordination within the production organisation in respect of airworthiness, noise,
fuel venting and exhaust emission data matters;
(d) with regard to certifying staff, authorised by the production organisation to sign the documents issued under
point 21.A.163 under the scope or terms of approval:
1. the knowledge, background (including other functions in the organisation), and experience of the certifying staff
are appropriate to discharge their allocated responsibilities;
2. the production organisation maintains a record of all certifying staff which shall include details of the scope of
their authorisation;
3. certifying staff are provided with evidence of the scope of their authorisation.

21.A.147 Changes to the approved production organisation

(a) After the issue of a production organisation approval, each change to the approved production organisation that is
significant to the showing of conformity or to the airworthiness and characteristics of noise, fuel venting and exhaust
emissions of the product, part or appliance, particularly changes to the quality system, shall be approved by the
competent authority. An application for approval shall be submitted in writing to the competent authority and the
organisation shall demonstrate to the competent authority before implementation of the change, that it will continue
to comply with this Subpart.

(b) The competent authority shall establish the conditions under which a production organisation approved under this
Subpart may operate during such changes unless the competent authority determines that the approval should be
suspended.
21.8.2012 EN Official Journal of the European Union L 224/33

21.A.148 Changes of location

A change of the location of the manufacturing facilities of the approved production organisation shall be deemed of
significance and therefore shall comply with point 21.A.147.

21.A.149 Transferability

Except as a result of a change in ownership, which is deemed significant for the purposes of point 21.A.147, a
production organisation approval is not transferable.

21.A.151 Terms of approval

The terms of approval shall identify the scope of work, the products or the categories of parts and appliances, or both, for
which the holder is entitled to exercise the privileges under point 21.A.163.

Those terms shall be issued as part of a production organisation approval.

21.A.153 Changes to the terms of approval

Each change to the terms of approval shall be approved by the competent authority. An application for a change to the
terms of approval shall be made in a form and manner established by the competent authority. The applicant shall
comply with the applicable requirements of this Subpart.

21.A.157 Investigations

A production organisation shall make arrangements that allow the competent authority to make any investigations,
including investigations of partners and subcontractors, necessary to determine compliance and continued compliance
with the applicable requirements of this Subpart.

21.A.158 Findings

(a) When objective evidence is found showing non-compliance of the holder of a production organisation approval with
the applicable requirements of this Annex I (Part 21), the finding shall be classified as follows:
1. a level one finding is any non-compliance with this Annex I (Part 21) which could lead to uncontrolled non-
compliances with applicable design data and which could affect the safety of the aircraft;
2. a level two finding is any non-compliance with this Annex I (Part 21) which is not classified as level one.

(b) A level three finding is any item where it has been identified, by objective evidence, to contain potential problems that
could lead to a non-compliance under point (a).

(c) After receipt of notification of findings according to point 21.B.225,


1. in case of a level one finding, the holder of the production organisation approval shall demonstrate corrective
action to the satisfaction of the competent authority within a period of no more than 21 working days after
written confirmation of the finding;
2. in case of level two findings, the corrective action period granted by the competent authority shall be appropriate
to the nature of the finding but in any case initially shall not be more than three months. In certain circumstances
and subject to the nature of the finding the competent authority may extend the three months period subject to
the provision of a satisfactory corrective action plan agreed by the competent authority;
3. a level three finding shall not require immediate action by the holder of the production organisation approval.

(d) In case of level one or level two findings, the production organisation approval may be subject to a partial or full
limitation, suspension or revocation under point 21.B.245. The holder of the production organisation approval shall
provide confirmation of receipt of the notice of limitation, suspension or revocation of the production organisation
approval in a timely manner.
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21.A.159 Duration and continued validity

(a) A production organisation approval shall be issued for an unlimited duration. It shall remain valid unless:
1. the production organisation fails to demonstrate compliance with the applicable requirements of this Subpart; or
2. the competent authority is prevented by the holder or any of its partners or subcontractors to perform the
investigations in accordance with point 21.A.157; or
3. there is evidence that the production organisation cannot maintain satisfactory control of the manufacture of
products, parts or appliances under the approval; or
4. the production organisation no longer meets the requirements of point 21.A.133; or
5. the certificate has been surrendered or revoked under point 21.B.245.

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

21.A.163 Privileges

Pursuant to the terms of approval issued under point 21.A.135, the holder of a production organisation approval may:
(a) perform production activities under this Annex I (Part 21);
(b) in the case of complete aircraft and upon presentation of a statement of conformity (EASA Form 52) under point
21.A.174, obtain an aircraft certificate of airworthiness and a noise certificate without further showing;
(c) in the case of other products, parts or appliances, issue authorised release certificates (EASA Form 1) without further
showing;
(d) maintain a new aircraft that it has produced and issue a certificate of release to service (EASA Form 53) in respect of
that maintenance;
(e) under procedures agreed with its competent authority for production, for an aircraft it has produced and when the
production organisation itself is controlling under its POA the configuration of the aircraft and is attesting conformity
with the design conditions approved for the flight, to issue a permit to fly in accordance with point 21.A.711(c)
including approval of the flight conditions in accordance with point 21.A.710(b).

21.A.165 Obligations of the holder

The holder of a production organisation approval shall:


(a) ensure that the production organisation exposition furnished in accordance with point 21.A.143 and the documents
to which it refers, are used as basic working documents within the organisation;
(b) maintain the production organisation in conformity with the data and procedures approved for the production
organisation approval;
(c) 1. determine that each completed aircraft conforms to the type design and is in condition for safe operation prior to
submitting statements of conformity to the competent authority; or
2. determine that other products, parts or appliances are complete and conform to the approved design data and are
in a condition for safe operation before issuing an EASA Form 1 to certify conformity to approved design data and
condition for safe operation, and additionally in case of engines, determine according to data provided by the
engine type-certificate holder that each completed engine is in compliance with the applicable emissions
requirements as defined in point 21.A.18(b), current at the date of manufacture of the engine, to certify
emissions compliance; or
3. determine that other products, parts or appliances conform to the applicable data before issuing EASA Form 1 as a
conformity certificate;

(d) record all details of work carried out;


(e) establish and maintain an internal occurrence reporting system in the interest of safety, to enable the collection and
assessment of occurrence reports in order to identify adverse trends or to address deficiencies, and to extract
reportable occurrences. This system shall include evaluation of relevant information relating to occurrences and the
promulgation of related information;
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(f) 1. report to the holder of the type-certificate or design approval, all cases where products, parts or appliances have
been released by the production organisation and subsequently identified to have possible deviations from the
applicable design data, and investigate with the holder of the type-certificate or design approval in order to identify
those deviations which could lead to an unsafe condition;

2. report to the Agency and the competent authority of the Member State the deviations which could lead to an
unsafe condition identified according to point (1). Such reports shall be made in a form and manner established by
the Agency under point 21.A.3A(b)(2) or accepted by the competent authority of the Member State;

3. where the holder of the production organisation approval is acting as a supplier to another production organi
sation, report also to that other organisation all cases where it has released products, parts or appliances to that
organisation and subsequently identified them to have possible deviations from the applicable design data;

(g) provide assistance to the holder of the type-certificate or design approval in dealing with any continuing airworthiness
actions that are related to the products parts or appliances that have been produced;
(h) establish an archiving system incorporating requirements imposed on its partners, suppliers and subcontractors,
ensuring conservation of the data used to justify conformity of the products, parts or appliances. Such data shall
be held at the disposal of the competent authority and be retained in order to provide the information necessary to
ensure the continuing airworthiness of the products, parts or appliances;
(i) where, under its terms of approval, the holder issues a certificate of release to service, determine that each completed
aircraft has been subjected to necessary maintenance and is in condition for safe operation, prior to issuing the
certificate;
(j) where applicable, under the privilege of point 21.A.163(e), determine the conditions under which a permit to fly can
be issued;
(k) where applicable, under the privilege of point 21.A.163(e), establish compliance with points 21.A.711(c) and (e)
before issuing a permit to fly to an aircraft.

SUBPART H CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS

21.A.171 Scope

This Subpart establishes the procedure for issuing airworthiness certificates.

21.A.172 Eligibility

Any natural or legal person under whose name an aircraft is registered or will be registered in a Member State (Member
State of registry), or its representative, shall be eligible as an applicant for an airworthiness certificate for that aircraft
under this Subpart.

21.A.173 Classification

Airworthiness certificates shall be classified as follows:


(a) certificates of airworthiness shall be issued to aircraft which conform to a type-certificate that has been issued in
accordance with this Annex I (Part 21);
(b) restricted certificates of airworthiness shall be issued to aircraft:
1. which conform to a restricted type-certificate that has been issued in accordance with this Annex I (Part 21); or
2. which have been shown to the Agency to comply with specific airworthiness specifications ensuring adequate
safety.

21.A.174 Application

(a) Pursuant to point 21.A.172, an application for an airworthiness certificate shall be made in a form and manner
established by the competent authority of the Member State of registry.
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(b) Each application for a certificate of airworthiness or restricted certificate of airworthiness shall include:
1. the class of airworthiness certificate applied for;
2. with regard to new aircraft:
(i) a statement of conformity:
issued under point 21.A.163(b), or
issued under point 21.A.130 and validated by the competent authority, or
for an imported aircraft, a statement signed by the exporting authority that the aircraft conforms to a
design approved by the Agency;
(ii) a weight and balance report with a loading schedule;
(iii) the flight manual, when required by the applicable airworthiness code for the particular aircraft;
3. with regard to used aircraft:
(i) originating from a Member State, an airworthiness review certificate issued in accordance with Part M;
(ii) originating from a non-member State:
a statement by the competent authority of the State where the aircraft is, or was, registered, reflecting the
airworthiness status of the aircraft on its register at time of transfer,
a weight and balance report with a loading schedule,
the flight manual when such material is required by the applicable airworthiness code for the particular
aircraft,
historical records to establish the production, modification, and maintenance standard of the aircraft,
including all limitations associated with a restricted certificate of airworthiness under point 21.B.327(c),
a recommendation for the issuance of a certificate of airworthiness or restricted certificate of airworthiness
and an airworthiness review certificate following an airworthiness review in accordance with Part M.

(c) Unless otherwise agreed, the statements referred to in points (b)(2)(i) and (b)(3)(ii) shall be issued no more than 60
days before presentation of the aircraft to the competent authority of the Member State of registry.

21.A.175 Language

The manuals, placards, listings, and instrument markings and other necessary information required by applicable certifi
cation specifications shall be presented in one or more of the official language(s) of the European Union acceptable to the
competent authority of the Member State of registry.

21.A.177 Amendment or modification

An airworthiness certificate may be amended or modified only by the competent authority of the Member State of
registry.

21.A.179 Transferability and re-issuance within Member States

(a) Where ownership of an aircraft has changed:


1. if it remains on the same register, the certificate of airworthiness, or the restricted certificate of airworthiness
conforming to a restricted type-certificate only, shall be transferred together with the aircraft;
2. if the aircraft is registered in another Member State, the certificate of airworthiness, or the restricted certificate of
airworthiness conforming to a restricted type-certificate only, shall be issued:
(i) upon presentation of the former certificate of airworthiness and of a valid airworthiness review certificate
issued under Part M; and
(ii) when satisfying point 21.A.175.
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(b) Where ownership of an aircraft has changed, and the aircraft has a restricted certificate of airworthiness not
conforming to a restricted type-certificate, the airworthiness certificates shall be transferred together with the
aircraft provided the aircraft remains on the same register, or issued only with the formal agreement of the
competent authority of the Member State of registry to which it is transferred.

21.A.180 Inspections

The holder of the airworthiness certificate shall provide access to the aircraft for which that airworthiness certificate has
been issued upon request by the competent authority of the Member State of registry.

21.A.181 Duration and continued validity

(a) An airworthiness certificate shall be issued for an unlimited duration. It shall remain valid subject to:
1. compliance with the applicable type-design and continuing airworthiness requirements; and
2. the aircraft remaining on the same register; and
3. the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under
point 21.A.51;
4. the certificate not being surrendered or revoked under point 21.B.330.

(b) Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of
registry.

21.A.182 Aircraft identification

Each applicant for an airworthiness certificate under this Subpart shall demonstrate that its aircraft is identified in
accordance with Subpart Q.

SUBPART I NOISE CERTIFICATES

21.A.201 Scope

This Subpart establishes the procedure for issuing noise certificates.

21.A.203 Eligibility

Any natural or legal person under whose name an aircraft is registered or will be registered in a Member State (Member
State of registry), or its representative, shall be eligible as an applicant for a noise certificate for that aircraft under this
Subpart.

21.A.204 Application

(a) Pursuant to point 21.A.203, an application for a noise certificate shall be made in a form and manner established by
the competent authority of the Member State of registry.

(b) Each application shall include:


1. with regard to new aircraft:
(i) a statement of conformity:
issued under point 21.A.163(b), or
issued under point 21.A.130 and validated by the competent authority, or
for an imported aircraft, a statement, signed by the exporting authority that the aircraft conforms to a
design approved by the Agency; and
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(ii) the noise information determined in accordance with the applicable noise requirements;
2. with regard to used aircraft:
(i) the noise information determined in accordance with the applicable noise requirements; and
(ii) historical records to establish the production, modification, and maintenance standard of the aircraft.

(c) Unless otherwise agreed, the statements referred to in point (b)(1) shall be issued no more than 60 days before
presentation of the aircraft to the competent authority of the Member State of registry.

21.A.207 Amendment or modification

A noise certificate may be amended or modified only by the competent authority of the Member State of registry.

21.A.209 Transferability and re-issuance within Member States

Where ownership of an aircraft has changed:


(a) if the aircraft remains on the same register, the noise certificate shall be transferred together with the aircraft; or
(b) if the aircraft moves to the register of another Member State, the noise certificate shall be issued upon presentation of
the former noise certificate.

21.A.210 Inspections

The holder of the noise certificate shall provide access to the aircraft for which that noise certificate has been issued upon
request by the competent authority of the Member State of registry or by the Agency for inspection.

21.A.211 Duration and continued validity

(a) A noise certificate shall be issued for an unlimited duration. It shall remain valid subject to:
1. compliance with the applicable type-design, environmental protection and continuing airworthiness requirements;
and
2. the aircraft remaining on the same register; and
3. the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under
point 21.A.51;
4. the certificate not being surrendered or revoked under point 21.B.430.

(b) Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of
registry.

SUBPART J DESIGN ORGANISATION APPROVAL

21.A.231 Scope

This Subpart establishes the procedure for the approval of design organisations and rules governing the rights and
obligations of applicants for, and holders of, such approvals.

21.A.233 Eligibility

Any natural or legal person (organisation) shall be eligible as an applicant for an approval under this Subpart
(a) in accordance with points 21.A.14, 21.A.112B, 21.A.432B or 21.A.602B; or
(b) for approval of minor changes or minor repair design, when requested for the purpose of obtaining privileges under
point 21.A.263.
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21.A.234 Application

Each application for a design organisation approval shall be made in a form and manner established by the Agency and
shall include an outline of the information required by point 21.A.243, and the terms of approval requested to be issued
under point 21.A.251.

21.A.235 Issue of design organisation approval

An organisation shall be entitled to have a design organisation approval issued by the Agency when it has demonstrated
compliance with the applicable requirements under this Subpart.

21.A.239 Design assurance system

(a) The design organisation shall demonstrate that it has established and is able to maintain a design assurance system for
the control and supervision of the design, and of design changes, of products, parts and appliances covered by the
application. This design assurance system shall be such as to enable the organisation:
1. to ensure that the design of the products, parts and appliances or the design change thereof, comply with the
applicable type-certification basis and environmental protection requirements; and
2. to ensure that its responsibilities are properly discharged in accordance with:
(i) the appropriate provisions of this Annex I (Part 21); and
(ii) the terms of approval issued under point 21.A.251;
3. to independently monitor the compliance with, and adequacy of, the documented procedures of the system. This
monitoring shall include a feed-back system to a person or a group of persons having the responsibility to ensure
corrective actions.

(b) The design assurance system shall include an independent checking function of the showings of compliance on the
basis of which the organisation submits compliance statements and associated documentation to the Agency.

(c) The design organisation shall specify the manner in which the design assurance system accounts for the acceptability
of the parts or appliances designed or the tasks performed by partners or subcontractors according to methods which
are the subject of written procedures.

21.A.243 Data

(a) The design organisation shall furnish a handbook to the Agency describing, directly or by cross-reference, the
organisation, the relevant procedures and the products or changes to products to be designed.

(b) Where any parts or appliances or any changes to the products are designed by partner organisations or subcon
tractors, the handbook shall include a statement of how the design organisation is able to give, for all parts and
appliances, the assurance of compliance required by point 21.A.239(b), and shall contain, directly or by cross-
reference, descriptions and information on the design activities and organisation of those partners or subcontractors,
as necessary to establish this statement.

(c) The handbook shall be amended as necessary to remain an up-to-date description of the organisation, and copies of
amendments shall be supplied to the Agency.

(d) The design organisation shall furnish a statement of the qualifications and experience of the management staff and
other persons responsible for making decisions affecting airworthiness and environmental protection in the organi
sation.

21.A.245 Approval requirements

The design organisation shall demonstrate, on the basis of the information submitted in accordance with point 21.A.243
that, in addition to complying with point 21.A.239:

(a) the staff in all technical departments are of sufficient numbers and experience and have been given appropriate
authority to be able to discharge their allocated responsibilities and these, together with the accommodation, facilities
and equipment, are adequate to enable the staff to achieve the airworthiness and environmental protection objectives
for the product;
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(b) there is full and efficient coordination between departments and within departments in respect of airworthiness and
environmental protection matters.

21.A.247 Changes in design assurance system

After the issue of a design organisation approval, each change to the design assurance system that is significant to the
showing of compliance or to the airworthiness and environmental protection of the product, shall be approved by the
Agency. An application for approval shall be submitted in writing to the Agency and the design organisation shall
demonstrate to the Agency, on the basis of submission of proposed changes to the handbook, and before implementation
of the change, that it will continue to comply with this Subpart after implementation.

21.A.249 Transferability

Except as a result of a change in ownership, which is deemed significant for the purposes of point 21.A.247, a design
organisation approval is not transferable.

21.A.251 Terms of approval

The terms of approval shall identify the types of design work, the categories of products, parts and appliances for which
the design organisation holds a design organisation approval, and the functions and duties that the organisation is
approved to perform in regard to the airworthiness and characteristics of noise, fuel venting and exhaust emissions of
products. For design organisation approval covering type-certification or ETSO authorisation for Auxiliary Power Unit
(APU), the terms of approval shall contain in addition the list of products or APU. Those terms shall be issued as part of a
design organisation approval.

21.A.253 Changes to the terms of approval

Each change to the terms of approval shall be approved by the Agency. An application for a change to the terms of
approval shall be made in a form and manner established by the Agency. The design organisation shall comply with the
applicable requirements of this Subpart.

21.A.257 Investigations

(a) The design organisation shall make arrangements that allow the Agency to make any investigations, including
investigations of partners and subcontractors, necessary to determine compliance and continued compliance with
the applicable requirements of this Subpart.

(b) The design organisation shall allow the Agency to review any report and make any inspection and perform or witness
any flight and ground test necessary to check the validity of the compliance statements submitted by the applicant
under point 21.A.239(b).

21.A.258 Findings

(a) When objective evidence is found showing non-compliance of the holder of a design organisation approval with the
applicable requirements of this Annex I (Part 21), the finding shall be classified as follows:
1. a level one finding is any non-compliance with this Annex I (Part 21) which could lead to uncontrolled non-
compliances with applicable requirements and which could affect the safety of the aircraft;
2. a level two finding is any non-compliance with this Annex I (Part 21) which is not classified as level one.

(b) A level three finding is any item where it has been identified, by objective evidence, to contain potential problems that
could lead to a non-compliance under point (a).

(c) After receipt of notification of findings under the applicable administrative procedures established by the Agency,
1. in case of a level one finding, the holder of the design organisation approval shall demonstrate corrective action to
the satisfaction of the Agency within a period of no more than 21 working days after written confirmation of the
finding;
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2. in case of level two findings, the corrective action period granted by the Agency shall be appropriate to the nature
of the finding but in any case initially shall not be more than three months. In certain circumstances and subject to
the nature of the finding the Agency may extend the three months period subject to the provision of a satisfactory
corrective action plan agreed by the Agency;
3. a level three finding shall not require immediate action by the holder of the design organisation approval.
(d) In case of level one or level two findings, the design organisation approval may be subject to a partial or full
suspension or revocation under the applicable administrative procedures established by the Agency. The holder of the
design organisation approval shall provide confirmation of receipt of the notice of suspension or revocation of the
design organisation approval in a timely manner.

21.A.259 Duration and continued validity

(a) A design organisation approval shall be issued for an unlimited duration. It shall remain valid unless:
1. the design organisation fails to demonstrate compliance with the applicable requirements of this Subpart; or
2. the Agency is prevented by the holder or any of its partners or subcontractors to perform the investigations in
accordance with point 21.A.257; or
3. there is evidence that the design assurance system cannot maintain satisfactory control and supervision of the
design of products or changes thereof under the approval; or
4. the certificate has been surrendered or revoked under the applicable administrative procedures established by the
Agency.

(b) Upon surrender or revocation, the certificate shall be returned to the Agency.

21.A.263 Privileges

(a) The holder of a design organisation approval shall be entitled to perform design activities under this Annex I (Part 21)
and within its scope of approval.

(b) Subject to point 21.A.257(b), the Agency shall accept without further verification the following compliance
documents submitted by the applicant for the purpose of obtaining:
1. the approval of flight conditions required for a permit to fly; or
2. a type-certificate or approval of a major change to a type design; or
3. a supplemental type-certificate; or
4. an ETSO authorisation under point 21.A.602B(b)(1); or
5. a major repair design approval.

(c) The holder of a design organisation approval shall be entitled, within its terms of approval and under the relevant
procedures of the design assurance system:
1. to classify changes to type design and repairs as major or minor;
2. to approve minor changes to type design and minor repairs;
3. to issue information or instructions containing the following statement: The technical content of this document is
approved under the authority of DOA ref. EASA. 21J. [XXXX].;
4. to approve minor revisions to the aircraft flight manual and supplements, and issue such revisions containing the
following statement: Revision No [YY] to AFM (or supplement) ref. [ZZ] is approved under the authority of DOA
ref. EASA. 21J. [XXXX].;
5. to approve the design of major repairs to products or Auxiliary Power Units for which it holds the type-certificate
or the supplemental type-certificate or ETSO authorisation;
6. to approve the conditions under which a permit to fly can be issued in accordance with point 21.A.710(a)(2),
except for permits to fly to be issued for the purpose of point 21.A.701(a)(15);
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7. to issue a permit to fly in accordance with point 21.A.711(b) for an aircraft it has designed or modified, or for
which it has approved under point 21.A.263(c)(6) the conditions under which the permit to fly can be issued, and
when the design organisation itself is controlling under its Design Organisation Approval the configuration of the
aircraft and is attesting conformity with the design conditions approved for the flight.

21.A.265 Obligations of the holder

The holder of a design organisation approval shall:


(a) maintain the handbook in conformity with the design assurance system;
(b) ensure that this handbook is used as a basic working document within the organisation;
(c) determine that the design of products, or changes or repairs thereof, as applicable, comply with applicable
requirements and have no unsafe feature;
(d) except for minor changes or repairs approved under the privilege of point 21.A.263, provide to the Agency
statements and associated documentation confirming compliance with point (c);
(e) provide to the Agency information or instructions related to required actions under point 21.A.3B;
(f) where applicable, under the privilege of point 21.A.263(c)(6), determine the conditions under which a permit to fly
can be issued;
(g) where applicable, under the privilege of point 21.A.263(c)(7), establish compliance with points 21.A.711(b) and (e)
before issuing a permit to fly to an aircraft.

SUBPART K PARTS AND APPLIANCES

21.A.301 Scope

This Subpart establishes the procedure relating to the approval of parts and appliances.

21.A.303 Compliance with applicable requirements

The showing of compliance of parts and appliances to be installed in a type-certificated product shall be made:
(a) in conjunction with the type-certification procedures of Subpart B, D or E for the product in which it is to be
installed; or
(b) where applicable, under the ETSO authorisation procedures of Subpart O; or
(c) in the case of standard parts, in accordance with officially recognised Standards.

21.A.305 Approval of parts and appliances

In all cases where the approval of a part or appliance is explicitly required by Union law or Agency measures, the part or
appliance shall comply with the applicable ETSO or with the specifications recognised as equivalent by the Agency in the
particular case.

21.A.307 Release of parts and appliances for installation

A part or appliance shall be eligible for installation in a type-certificated product when it is in a condition for safe
operation, and it is:
(a) accompanied by an authorised release certificate (EASA Form 1), certifying that the item was manufactured in
conformity to approved design data and is marked in accordance with Subpart Q; or
(b) a standard part; or
(c) in the case of ELA1 or ELA2 aircraft, a part or appliance that is:
1. not life-limited, nor part of the primary structure, nor part of the flight controls;
2. manufactured in conformity to applicable design;
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3. marked in accordance with Subpart Q;


4. identified for installation in the specific aircraft;
5. to be installed in an aircraft for which the owner has verified compliance with the conditions 1 through 4 and has
accepted responsibility for this compliance.

(SUBPART L NOT APPLICABLE)

SUBPART M REPAIRS

21.A.431 A Scope

(a) This Subpart establishes the procedure for the approval of repair design, and establishes the rights and obligations of
the applicants for, and holders of, those approvals.
(b) This Subpart defines standard repairs that are not subject to an approval process under this Subpart.
(c) A repair means elimination of damage and/or restoration to an airworthy condition following initial release into
service by the manufacturer of any product, part or appliance.
(d) Elimination of damage by replacement of parts or appliances without the necessity for design activity shall be
considered as a maintenance task and shall therefore require no approval under this Annex I (Part 21).
(e) A repair to an ETSO article other than an Auxiliary Power Unit (APU) shall be treated as a change to the ETSO design
and shall be processed in accordance with point 21.A.611.

21.A.431B Standard repairs

(a) Standard repairs are repairs:


(1) in relation to:
(i) aeroplanes of 5 700 kg Maximum Take-Off Mass (MTOM) or less;
(ii) rotorcraft of 3 175 kg MTOM or less;
(iii) sailplanes and powered sailplanes, balloons and airships as defined in ELA1 or ELA2.
(2) that follow design data included in certification specifications issued by the Agency, containing acceptable
methods, techniques and practices for carrying out and identifying standard repairs, including the associated
instructions for continuing airworthiness; and
(3) that are not in conflict with TC holders data.

(b) Points 21.A.432A to 21.A.451 are not applicable to standard repairs.

21.A.432A Eligibility

(a) Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability under point
21.A.432B shall be eligible as an applicant for a major repair design approval under the conditions laid down in this
Subpart.

(b) Any natural or legal person shall be eligible to apply for approval of a minor repair design.

21.A.432B Demonstration of capability

(a) An applicant for a major repair design approval shall demonstrate its capability by holding a design organisation
approval, issued by the Agency in accordance with Subpart J.

(b) By way of derogation from point (a), as an alternative procedure to demonstrate its capability, an applicant may seek
Agency agreement for the use of procedures setting out the specific design practices, resources and sequence of
activities necessary to comply with this Subpart.
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(c) By way of derogation from points (a) and (b), an applicant may seek the agreement of the Agency for the approval of
a certification programme setting out the specific design practices, resources and sequence of activities necessary to
comply with this Annex I (Part 21) for a repair on a product defined in point 21.A.14(c).

21.A.433 Repair design

(a) The applicant for approval of a repair design shall:


1. demonstrate compliance with the type-certification basis and environmental protection requirements incorporated
by reference in the type-certificate or supplemental type-certificate or APU ETSO authorisation, as applicable, or
those in effect on the date of application (for repair design approval), plus any amendments to those certification
specifications or special conditions the Agency finds necessary to establish a level of safety equal to that established
by the type-certification basis incorporated by reference in the type-certificate, supplemental type-certificate or APU
ETSO authorisation;
2. submit all necessary substantiation data, when requested by the Agency;
3. declare compliance with the certification specifications and environmental protection requirements of point (a)(1).

(b) Where the applicant is not the type-certificate or supplemental type-certificate or APU ETSO authorisation holder, as
applicable, the applicant may comply with the requirements of point (a) through the use of its own resources or
through an arrangement with the type-certificate or supplemental type-certificate or APU ETSO authorisation holder
as applicable.

21.A.435 Classification of repairs

(a) A repair may be major or minor. The classification shall be made in accordance with the criteria of point 21.A.91
for a change in the type design.
(b) A repair shall be classified major or minor under point (a) either:
1. by the Agency; or
2. by an appropriately approved design organisation under a procedure agreed with the Agency.

21.A.437 Issue of a repair design approval

When it has been declared and has been shown that the repair design meets the applicable certification specifications and
environmental protection requirements of point 21.A.433(a)(1), it shall be approved:
(a) by the Agency; or
(b) by an appropriately approved organisation that is also the type-certificate, the supplemental type-certificate or APU
ETSO authorisation holder, under a procedure agreed with the Agency; or
(c) for minor repairs only, by an appropriately approved design organisation under a procedure agreed with the Agency.

21.A.439 Production of repair parts

Parts and appliances to be used for the repair shall be manufactured in accordance with production data based upon all
the necessary design data as provided by the repair design approval holder:
(a) under Subpart F; or
(b) by an organisation appropriately approved in accordance with Subpart G; or
(c) by an appropriately approved maintenance organisation.

21.A.441 Repair embodiment

(a) The embodiment of a repair shall be made in accordance with Part-M or Part-145 as appropriate, or by a production
organisation appropriately approved in accordance with Subpart G, under the point 21.A.163(d) privilege.

(b) The design organisation shall transmit to the organisation performing the repair all the necessary installation instruc
tions.
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21.A.443 Limitations

A repair design may be approved subject to limitations, in which case the repair design approval shall include all
necessary instructions and limitations. These instructions and limitations shall be transmitted by the repair design
approval holder to the operator in accordance with a procedure agreed with the Agency.

21.A.445 Unrepaired damage

(a) When a damaged product, part or appliance, is left unrepaired, and is not covered by previously approved data, the
evaluation of the damage for its airworthiness consequences may only be made:
1. by the Agency; or
2. by an appropriately approved design organisation under a procedure agreed with the Agency.

Any necessary limitations shall be processed in accordance with the procedures of point 21.A.443.

(b) Where the organisation evaluating the damage under point (a) is neither the Agency nor the type-certificate, supple
mental type-certificate or APU ETSO authorisation holder, this organisation shall justify that the information on which
the evaluation is based is adequate either from its organisations own resources or through an arrangement with the
type-certificate, supplemental type-certificate or APU ETSO authorisation holder, or manufacturer, as applicable.

21.A.447 Record-keeping

For each repair, all relevant design information, drawings, test reports, instructions and limitations possibly issued in
accordance with point 21.A.443, justification for classification and evidence of the design approval, shall:
(a) be held by the repair design approval holder at the disposal of the Agency; and
(b) be retained by the repair design approval holder in order to provide the information necessary to ensure the
continued airworthiness of the repaired products, parts or appliances.

21.A.449 Instructions for continued airworthiness

(a) The holder of the repair design approval shall furnish at least one complete set of those changes to the instructions
for continued airworthiness which result from the design of the repair, comprising descriptive data and accom
plishment instructions prepared in accordance with the applicable requirements, to each operator of aircraft incor
porating the repair. The repaired product, part or appliance may be released into service before the changes to those
instructions have been completed, but this shall be for a limited service period, and in agreement with the Agency.
Those changes to the instructions shall be made available on request to any other person required to comply with any
of the terms of those changes to the instructions. The availability of some manual or portion of the changes to the
instructions for continued airworthiness, dealing with overhaul or other forms of heavy maintenance, may be delayed
until after the product has entered into service, but shall be available before any of the products reaches the relevant
age or flight-hours/cycles.

(b) If updates to those changes to the instructions for continued airworthiness are issued by the holder of the repair
design approval after the repair has been first approved, these updates shall be furnished to each operator and shall be
made available on request to any other person required to comply with any of the terms of those changes to the
instructions. A programme showing how updates to the changes to the instructions for continued airworthiness are
distributed shall be submitted to the Agency.

21.A.451 Obligations and EPA marking

(a) Each holder of a major repair design approval shall:


1. undertake the obligations:
(i) laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.439, 21.A.441, 21.A.443, 21.A.447 and 21.A.449;
(ii) implicit in the collaboration with the type-certificate, supplemental type-certificate and with the APU ETSO
authorisation holder under point 21.A.433 (b), as appropriate.
2. specify the marking, including EPA letters, in accordance with point 21.A.804(a).
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(b) Except for type-certificate holders or APU authorisation holders for which point 21.A.44 applies, the holder of a
minor repair design approval shall:
1. undertake the obligations laid down in points 21.A.4, 21.A.447 and 21.A.449; and
2. specify the marking, including EPA letters, in accordance with point 21.A.804(a).

(SUBPART N NOT APPLICABLE)

SUBPART O EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS

21.A.601 Scope

This Subpart establishes the procedure for issuing ETSO authorisations and the rules governing the rights and obligations
of applicants for, or holders of, such authorisations.

21.A.602A Eligibility

Any natural or legal person that produces or is preparing to produce an ETSO article, and that has demonstrated, or is in
the process of demonstrating, its capability under point 21.A.602B shall be eligible as an applicant for an ETSO auth
orisation.

21.A.602B Demonstration of capability

Any applicant for an ETSO authorisation shall demonstrate its capability as follows:
(a) for production, by holding a production organisation approval, issued in accordance with Subpart G, or through
compliance with Subpart F procedures; and
(b) for design:
1. for an Auxiliary Power Unit, by holding a design organisation approval, issued by the Agency in accordance with
Subpart J;
2. for all other articles, by using procedures setting out the specific design practices, resources and sequence of
activities necessary to comply with this Annex I (Part 21).

21.A.603 Application

(a) An application for an ETSO authorisation shall be made in a form and manner established by the Agency and shall
include an outline of the information required by point 21.A.605.

(b) When a series of minor changes in accordance with point 21.A.611 is anticipated, the applicant shall set forth in its
application the basic model number of the article and the associated part numbers with open brackets after it to
denote that suffix change letters or numbers (or combinations of them) will be added from time to time.

21.A.604 ETSO Authorisation for an Auxiliary Power Unit (APU)

With regard to ETSO authorisation for an Auxiliary Power Unit:


(a) points 21.A.15, 21.A.16B, 21.A.17, 21.A.20, 21.A.21, 21.A.31, 21.A.33, 21.A.44 shall apply by way of derogation
from points 21.A.603, 21.A.606(c), 21.A.610 and 21.A.615, except that an ETSO Authorisation shall be issued in
accordance with 21.A.606 instead of the type-certificate;
(b) subpart D or Subpart E is applicable for the approval of design changes by way of derogation from point 21.A.611.
When Subpart E is used, a separate ETSO authorisation shall be issued instead of a supplemental type-certificate.
(c) Subpart M is applicable to the approval of repair designs.
21.8.2012 EN Official Journal of the European Union L 224/47

21.A.605 Data requirements

The applicant shall submit the following documents, to the Agency:


(a) a statement of compliance certifying that the applicant has met the requirements of this Subpart;
(b) a Declaration of Design and Performance (DDP);
(c) one copy of the technical data required in the applicable ETSO;
(d) the exposition (or a reference to the exposition) referred to in point 21.A.143 for the purpose of obtaining an
appropriate production organisation approval under Subpart G or the manual (or a reference to the manual) referred
to in point 21.A.125A(b) for the purpose of manufacturing under Subpart F without production organisation
approval;
(e) for an APU, the handbook (or a reference to the handbook) referred to in point 21.A.243 for the purpose of
obtaining an appropriate design organisation approval under Subpart J;
(f) for all other articles, the procedures referred to in point 21.A.602B(b)(2).

21.A.606 Issue of ETSO authorisation

The applicant shall be entitled to have an ETSO authorisation issued by the Agency after:
(a) demonstrating its capability in accordance with point 21.A.602B; and
(b) demonstrating that the article complies with the technical conditions of the applicable ETSO, and submitting the
corresponding statement of compliance;
(c) expressly stating that it is prepared to comply with point 21.A.609.

21.A.607 ETSO authorisation privileges

The holder of an ETSO authorisation is entitled to produce and to mark the article with the appropriate ETSO marking.

21.A.608 Declaration of Design and Performance (DDP)

(a) The DDP shall contain at least the following information:


1. information corresponding to point 21.A.31(a) and (b), identifying the article and its design and testing standard;
2. the rated performance of the article, where appropriate, either directly or by reference to other supplementary
documents;
3. a statement of compliance certifying that the article has met the appropriate ETSO;
4. reference to relevant test reports;
5. reference to the appropriate Maintenance, Overhaul and Repair Manuals;
6. the levels of compliance, where various levels of compliance are allowed by the ETSO;
7. list of deviations accepted in accordance with point 21.A.610.

(b) The DDP shall be endorsed with the date and signature of the holder of the ETSO authorisation, or its authorised
representative.

21.A.609 Obligations of holders of ETSO authorisations

The holder of an ETSO authorisation under this Subpart shall:


(a) manufacture each article in accordance with Subpart G or Subpart F that ensures that each completed article conforms
to its design data and is safe for installation;
(b) prepare and maintain, for each model of each article for which an ETSO authorisation has been issued, a current file
of complete technical data and records in accordance with point 21.A.613;
(c) prepare, maintain and update master copies of all manuals required by the applicable airworthiness specifications for
the article;
L 224/48 EN Official Journal of the European Union 21.8.2012

(d) make available to users of the article and to the Agency on request those maintenance, overhaul and repair manuals
necessary for the usage and maintenance of the article, and changes to those manuals;
(e) mark each article in accordance with point 21.A.807;
(f) comply with points 21.A.3A, 21.A.3B and 21.A.4;
(g) continue to meet the qualification requirements of point 21.A.602B.

21.A.610 Approval for deviation

(a) Each manufacturer who requests approval to deviate from any performance standard of an ETSO shall demonstrate
that the standards from which a deviation is requested are compensated for by factors or design features providing an
equivalent level of safety.

(b) The request for approval to deviate, together with all pertinent data, shall be submitted to the Agency.

21.A.611 Design changes

(a) The holder of the ETSO authorisation may make minor design changes (any change other than a major change)
without further authorisation by the Agency. In this case, the changed article keeps the original model number (part
number changes or amendments shall be used to identify minor changes) and the holder shall forward to the Agency
any revised data that are necessary for compliance with point 21.A.603(b).

(b) Any design change by the holder of the ETSO authorisation that is extensive enough to require a substantially
complete investigation to determine compliance with an ETSO is a major change. Before making such a change,
the holder shall assign a new type or model designation to the article and apply for a new authorisation under point
21.A.603.

(c) No design change by any natural or legal person other than the holder of the ETSO authorisation who submitted the
statement of compliance for the article is eligible for approval under this Subpart O unless the person seeking the
approval applies under point 21.A.603 for a separate ETSO authorisation.

21.A.613 Record-keeping

Further to the record-keeping requirements appropriate to or associated with the quality system, all relevant design
information, drawings and test reports, including inspection records for the article tested, shall be held at the disposal
of the Agency and shall be retained in order to provide the information necessary to ensure the continued airworthiness
of the article and of the type-certificated product in which it is fitted.

21.A.615 Inspection by the Agency

Upon a request of the Agency, each applicant for, or holder of an ETSO authorisation for an article shall allow the
Agency to:
(a) witness any tests;
(b) inspect the technical data files on that article.

21.A.619 Duration and continued validity

(a) An ETSO authorisation shall be issued for an unlimited duration. It shall remain valid unless:
1. the conditions required when ETSO authorisation was granted are no longer being observed; or
2. the obligations of the holder specified in point 21.A.609 are no longer being discharged; or
3. the article has proved to give rise to unacceptable hazards in service; or
4. the authorisation has been surrendered or revoked under the applicable administrative procedures established by
the Agency.

(b) Upon surrender or revocation, the certificate shall be returned to the Agency.
21.8.2012 EN Official Journal of the European Union L 224/49

21.A.621 Transferability

Except for a change in ownership of the holder, which shall be regarded as a change of significance, and shall therefore
comply with points 21.A.147 and 21.A.247 as applicable, an ETSO authorisation issued under this Annex I (Part 21) is
not transferable.

SUBPART P PERMIT TO FLY

21.A.701 Scope

(a) Permits to fly shall be issued in accordance with this Subpart to aircraft that do not meet, or have not been shown to
meet, applicable airworthiness requirements but are capable of safe flight under defined conditions and for the
following purposes:
1. development;
2. showing compliance with regulations or certification specifications;
3. design organisations or production organisations crew training;
4. production flight testing of new production aircraft;
5. flying aircraft under production between production facilities;
6. flying the aircraft for customer acceptance;
7. delivering or exporting the aircraft;
8. flying the aircraft for Authority acceptance;
9. market survey, including customers crew training;
10. exhibition and air show;
11. flying the aircraft to a location where maintenance or airworthiness review are to be performed, or to a place of
storage;
12. flying an aircraft at a weight in excess of its maximum certificated takeoff weight for flight beyond the normal
range over water, or over land areas where adequate landing facilities or appropriate fuel is not available;
13. record breaking, air racing or similar competition;
14. flying aircraft meeting the applicable airworthiness requirements before conformity to the environmental
requirements has been found;
15. for non-commercial flying activity on individual non-complex aircraft or types for which a certificate of
airworthiness or restricted certificate of airworthiness is not appropriate.

(b) This Subpart establishes the procedure for issuing permits to fly and approving associated flight conditions, and
establishes the rights and obligations of the applicants for, and holders of, those permits and approvals of flight
conditions.

21.A.703 Eligibility

(a) Any natural or legal person shall be eligible as an applicant for a permit to fly except for a permit to fly requested for
the purpose of point 21.A.701(a)(15) where the applicant shall be the owner.

(b) Any natural or legal person shall be eligible for application for the approval of the flight conditions.

21.A.705 Competent authority

Notwithstanding point 21.1 of this Annex I (Part 21) for the purpose of this Subpart, the competent authority shall be:
(a) the authority designated by the Member State of registry; or
(b) for unregistered aircraft, the authority designated by the Member State which prescribed the identification marks.
L 224/50 EN Official Journal of the European Union 21.8.2012

21.A.707 Application for permit to fly

(a) Pursuant to point 21.A.703 and when the applicant has not been granted the privilege to issue a permit to fly, an
application for a permit to fly shall be made to the competent authority in a form and manner established by that
authority.

(b) Each application for a permit to fly shall include:


1. the purpose(s) of the flight(s), in accordance with point 21.A.701;
2. the ways in which the aircraft does not comply with the applicable airworthiness requirements;
3. the flight conditions approved in accordance with point 21.A.710.

(c) Where the flight conditions are not approved at the time of application for a permit to fly, an application for approval
of the flight conditions shall be made in accordance with point 21.A.709.

21.A.708 Flight conditions

Flight conditions include:


(a) the configuration(s) for which the permit to fly is requested;
(b) any condition or restriction necessary for safe operation of the aircraft, including:
1. the conditions or restrictions put on itineraries or airspace, or both, required for the flight(s);
2. the conditions and restrictions put on the flight crew to fly the aircraft;
3. the restrictions regarding carriage of persons other than flight crew;
4. the operating limitations, specific procedures or technical conditions to be met;
5. the specific flight test programme (if applicable);
6. the specific continuing airworthiness arrangements including maintenance instructions and regime under which
they will be performed;
(c) the substantiation that the aircraft is capable of safe flight under the conditions or restrictions of point (b);
(d) the method used for the control of the aircraft configuration, in order to remain within the established conditions.

21.A.709 Application for approval of flight conditions

(a) Pursuant to point 21.A.707(c) and when the applicant has not been granted the privilege to approve the flight
conditions, an application for approval of the flight conditions shall be made:
1. when approval of the flight conditions is related to the safety of the design, to the Agency in a form and manner
established by the Agency; or
2. when approval of the flight conditions is not related to the safety of the design, to the competent authority in a
form and manner established by that authority.

(b) Each application for approval of the flight conditions shall include:
1. the proposed flight conditions;
2. the documentation supporting these conditions; and
3. a declaration that the aircraft is capable of safe flight under the conditions or restrictions of point 21.A.708(b).

21.A.710 Approval of flight conditions

(a) When approval of the flight conditions is related to the safety of the design, the flight conditions shall be approved
by:
1. the Agency; or
2. an appropriately approved design organisation, under the privilege of point 21.A.263(c)(6).
21.8.2012 EN Official Journal of the European Union L 224/51

(b) When approval of the flight conditions is not related to the safety of the design, the flight conditions shall be
approved by the competent authority, or the appropriately approved organisation that will also issue the permit to fly.

(c) Before approving the flight conditions, the Agency, the competent authority or the approved organisation must be
satisfied that the aircraft is capable of safe flight under the specified conditions and restrictions. The Agency or the
competent authority may make or require the applicant to make any necessary inspections or tests for that purpose.

21.A.711 Issue of a permit to fly

(a) A permit to fly (EASA Form 20a, see Appendix III) may be issued by the competent authority under the conditions
specified in point 21.B.525.

(b) An appropriately approved design organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under
the privilege granted under point 21.A.263(c)(7), when the flight conditions referred to in point 21.A.708 have been
approved in accordance with point 21.A.710.

(c) An appropriately approved production organisation may issue a permit to fly (EASA Form 20b, see Appendix IV)
under the privilege granted under point 21.A.163(e), when the flight conditions referred to in point 21.A.708 have
been approved in accordance with point 21.A.710.

(d) An appropriately approved continuing airworthiness management organisation may issue a permit to fly (EASA Form
20b, see Appendix IV) under the privilege granted under point M.A.711 of Annex I (Part M) to Commission
Regulation (EC) No 2042/2003 (1), when the flight conditions referred to in point 21.A.708 have been approved
in accordance with point 21.A.710.

(e) The permit to fly shall specify the purpose(s) and any conditions and restrictions which have been approved in
accordance with point 21.A.710.

(f) For permits issued under points (b), (c) or (d), a copy of the permit to fly and associated flight conditions shall be
submitted to the competent authority at the earliest opportunity but not later than 3 days.

(g) Upon evidence that any of the conditions specified in point 21.A.723(a) are not met for a permit to fly that an
organisation has issued pursuant to points (b), (c) or (d), that organisation shall immediately revoke that permit to fly
and inform without delay the competent authority.

21.A.713 Changes

(a) Any change that invalidates the flight conditions or associated substantiation established for the permit to fly shall be
approved in accordance with point 21.A.710. When relevant an application shall be made in accordance with point
21.A.709.

(b) A change affecting the content of the permit to fly requires the issuance of a new permit to fly in accordance with
point 21.A.711.

21.A.715 Language

The manuals, placards, listings, and instrument markings and other necessary information required by applicable certifi
cation specifications shall be presented in one or more of the official language(s) of the European Union acceptable to the
competent authority.

21.A.719 Transferability

(a) A permit to fly is not transferable.

(b) Notwithstanding point (a) for a permit to fly issued for the purpose of point 21.A.701(a)(15), where ownership of an
aircraft has changed, the permit to fly shall be transferred together with the aircraft provided the aircraft remains on
the same register, or issued only with the agreement of the competent authority of the Member State of registry to
which it is transferred.

(1) OJ L 315, 28.11.2003, p. 1.


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21.A.721 Inspections

The holder of, or the applicant for, a permit to fly shall provide access to the aircraft concerned at the request of the
competent authority.

21.A.723 Duration and continued validity

(a) A permit to fly shall be issued for a maximum of 12 months and shall remain valid subject to:
1. compliance with the conditions and restrictions of point 21.A.711(e) associated with the permit to fly;
2. the permit to fly not being surrendered or revoked;
3. the aircraft remaining on the same register.

(b) Notwithstanding point (a), a permit to fly issued for the purpose of point 21.A.701(a)(15) may be issued for unlimited
duration.

(c) Upon surrender or revocation, the permit to fly shall be returned to the competent authority.

21.A.725 Renewal of permit to fly

Renewal of the permit to fly shall be processed as a change in accordance with point 21.A.713.

21.A.727 Obligations of the holder of a permit to fly

The holder of a permit to fly shall ensure that all the conditions and restrictions associated with the permit to fly are
satisfied and maintained.

21.A.729 Record-keeping

(a) All documents produced to establish and justify the flight conditions shall be held by the holder of the approval of the
flight conditions at the disposal of the Agency and competent authority and shall be retained in order to provide the
information necessary to ensure the continued airworthiness of the aircraft.

(b) All documents associated with the issue of permits to fly under the privilege of approved organisations, including
inspection records, documents supporting the approval of flight conditions and the permit to fly itself, shall be held
by the related approved organisation at the disposal of the Agency or the competent authority and shall be retained in
order to provide the information necessary to ensure the continued airworthiness of the aircraft.

SUBPART Q IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES

21.A.801 Identification of products

(a) The identification of products shall include the following information:


1. manufacturers name;
2. product designation;
3. manufacturers Serial number;
4. any other information the Agency finds appropriate.

(b) Any natural or legal person that manufactures an aircraft or engine under Subpart G or Subpart F shall identify that
aircraft or engine by means of a fireproof plate that has the information specified in point (a) marked on it by etching,
stamping, engraving, or other approved method of fireproof marking. The identification plate shall be secured in such
a manner that it is accessible and legible, and will not likely be defaced or removed during normal service, or lost or
destroyed in an accident.

(c) Any natural or legal person that manufactures a propeller, propeller blade, or propeller hub under Subpart G or
Subpart F shall identify it by means of a plate, stamping, engraving, etching or other approved method of fireproof
identification that is placed on it on a non-critical surface, contains the information specified in point (a), and will not
likely be defaced or removed during normal service or lost or destroyed in an accident.
21.8.2012 EN Official Journal of the European Union L 224/53

(d) For manned balloons, the identification plate prescribed in point (b) shall be secured to the balloon envelope and shall
be located, if practicable, where it is legible to the operator when the balloon is inflated. In addition, the basket, load
frame assembly and any heater assembly shall be permanently and legibly marked with the manufacturers name, part
number, or equivalent, and serial number, or equivalent.

21.A.803 Handling of identification data

(a) No person shall remove, change, or place identification information referred to in point 21.A.801(a) on any aircraft,
engine, propeller, propeller blade, or propeller hub, or in point 21.A.807(a) on an APU, without the approval of the
Agency.

(b) No person shall remove or install any identification plate referred to in point 21.A.801, or in point 21.A.807 for an
APU, without the approval of the Agency.

(c) By way of derogation from points (a) and (b), any natural or legal person performing maintenance work under the
applicable associated implementing rules may, in accordance with methods, techniques and practices established by
the Agency:
1. remove, change, or place the identification information referred to in point 21.A.801(a) on any aircraft, engine,
propeller, propeller blade, or propeller hub, or in point 21.A.807(a) on an APU; or
2. remove an identification plate referred to in point 21.A.801, or point 21.A.807 for an APU, when necessary
during maintenance operations.

(d) No person shall install an identification plate removed in accordance with point (c)(2) on any aircraft, engine,
propeller, propeller blade, or propeller hub other than the one from which it was removed.

21.A.804 Identification of parts and appliances

(a) Each part or appliance shall be marked permanently and legibly with:
1. a name, trademark, or symbol identifying the manufacturer in a manner identified by the applicable design data;
and
2. the part number, as defined in the applicable design data; and
3. the letters EPA for parts or appliances produced in accordance with approved design data not belonging to the
type-certificate holder of the related product, except for ETSO articles.

(b) By way of derogation from point (a), if the Agency agrees that a part or appliance is too small or that it is otherwise
impractical to mark a part or appliance with any of the information required by point (a), the authorised release
document accompanying the part or appliance or its container shall include the information that could not be marked
on the part.

21.A.805 Identification of critical parts

In addition to the requirement of point 21.A.804, each manufacturer of a part to be fitted on a type-certificated product
which has been identified as a critical part shall permanently and legibly mark that part with a part number and a serial
number.

21.A.807 Identification of ETSO articles

(a) Each holder of an ETSO authorisation under Subpart O shall permanently and legibly mark each article with the
following information:
1. the name and address of the manufacturer;
2. the name, type, part number or model designation of the article;
3. the serial number or the date of manufacture of the article or both; and
4. the applicable ETSO number.

(b) By way of derogation from point (a), if the Agency agrees that a part is too small or that it is otherwise impractical to
mark a part with any of the information required by point (a), the authorised release document accompanying the
part or its container shall include the information that could not be marked on the part.
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(c) Each person who manufactures an APU under Subpart G or Subpart F shall identify that APU by means of a fireproof
plate that has the information specified in point (a) marked on it by etching, stamping, engraving, or other approved
method of fireproof marking. The identification plate shall be secured in such a manner that it is accessible and
legible, and will not likely be defaced or removed during normal service, or lost or destroyed in an accident.

SECTION B

PROCEDURES FOR COMPETENT AUTHORITIES

SUBPART A GENERAL PROVISIONS

21.B.5 Scope

(a) This Section establishes the procedure for the competent authority of the Member State when exercising its tasks and
responsibilities concerned with the issuance, maintenance, amendment, suspension and revocation of certificates,
approvals and authorisations referred to in this Annex I (Part 21).

(b) The Agency shall develop in accordance with Article 19 of Regulation (EC) No 216/2008 certification specifications
and guidance material to assist Member States in the implementation of this Section.

21.B.20 Obligations of the competent authority

Each competent authority of the Member State is responsible for the implementation of Section A, Subparts F, G, H, I and
P only for applicants, or holders, whose principal place of business is in its territory.

21.B.25 Requirements for the organisation of the competent authority

(a) General:

The Member State shall designate a competent authority with allocated responsibilities for the implementation of
Section A, Subparts F, G, H, I and P with documented procedures, organisation structure and staff.

(b) Resources:
1. the number of staff shall be sufficient to perform the allocated tasks;
2. the competent authority of the Member State shall appoint a manager, or managers, who are responsible for the
execution of the related task(s) within the authority, including the communication with the Agency and the other
national authorities as appropriate.

(c) Qualification and training:

All staff shall be appropriately qualified and have sufficient knowledge, experience and training to perform their
allocated task.

21.B.30 Documented procedures

(a) The competent authority of the Member State shall establish documented procedures to describe its organisation,
means and methods to fulfil the requirements of this Annex I (Part 21). The procedures shall be kept up to date and
serve as the basic working documents within that authority for all related activities.

(b) A copy of the procedures and their amendments shall be available to the Agency.

21.B.35 Changes in organisation and procedures

(a) The competent authority of the Member State shall notify any significant change in its organisation and documented
procedures to the Agency.

(b) The competent authority of the Member State shall update its documented procedures relating to any change to
regulations in a timely manner to ensure effective implementation.
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21.B.40 Resolution of disputes

(a) The competent authority of the Member State shall establish a process for the resolution of disputes within its
organisation documented procedures.

(b) Where a dispute, which cannot be resolved, exists between the competent authorities of the Member States it is the
responsibility of the managers as defined in point 21.B.25(b)(2) to raise the issue with the Agency for mediation.

21.B.45 Reporting/coordination

(a) The competent authority of the Member State shall ensure coordination as applicable with other related certification,
investigation, approval or authorisation teams of that authority, other Member States and the Agency to ensure
efficient exchange of information relevant for safety of the products, parts and appliances.

(b) The competent authority of the Member State shall notify any difficulty in the implementation of this Annex I (Part
21) to the Agency.

21.B.55 Record-keeping

The competent authority of the Member State shall keep, or maintain access to, the appropriate records related to the
certificates, approvals and authorisations it has granted in accordance with the respective national regulations, and for
which responsibility is transferred to the Agency, as long as these records have not been transferred to the Agency.

21.B.60 Airworthiness directives

When the competent authority of a Member State receives an airworthiness directive from the competent authority of a
non-member State, that airworthiness directive shall be transferred to the Agency for dissemination in accordance with
Article 20 of Regulation (EC) No 216/2008.

SUBPART B TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES

Administrative procedures established by the Agency shall apply.

(SUBPART C NOT APPLICABLE)

SUBPART D CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES

Administrative procedures established by the Agency shall apply.

SUBPART E SUPPLEMENTAL TYPE-CERTIFICATES

Administrative procedures established by the Agency shall apply.

SUBPART F PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL

21.B.120 Investigation

(a) The competent authority shall appoint an investigation team for each applicant for, or holder of, a letter of agreement
to conduct all relevant tasks related to this letter of agreement, consisting of a team-leader to manage and lead the
investigation team and, if required, one or more team members. The team-leader shall report to the manager
responsible for the activity, as defined in point 21.B.25 (b)(2).

(b) The competent authority shall perform sufficient investigation activities for an applicant for, or holder of, a letter of
agreement to justify recommendations for the issuance, maintenance, amendment, suspension or revocation of the
letter of agreement.
L 224/56 EN Official Journal of the European Union 21.8.2012

(c) The competent authority shall prepare procedures for the investigation of applicants for, or holders of, a letter of
agreement as part of the documented procedures covering at least the following elements:
1. evaluation of applications received;
2. determination of investigation team;
3. investigation preparation and planning;
4. evaluation of the documentation (manual, procedures, etc.);
5. auditing and inspection;
6. follow up of corrective actions; and
7. recommendation for issuance, amendment, suspension or revocation of the letter of agreement.

21.B.125 Findings

(a) When during audits or by other means objective evidence is found by the competent authority, showing non-
compliance of the holder of a letter of agreement with the applicable requirements of Section A of this Annex,
this finding shall be classified in accordance with point 21.A.125B(a).

(b) The competent authority shall take the following actions:


1. for level 1 findings, immediate action shall be taken by the competent authority to limit, suspend or revoke the
letter of agreement in whole or in part, depending upon the extent of the finding, until successful corrective action
has been completed 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 3 months. In certain circumstances, at the end of this period and subject to the
nature of the finding, the competent authority can extend the 3 months period subject to a satisfactory corrective
action plan provided by the organisation.

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

21.B.130 Issue of letter of agreement

(a) When satisfied that the manufacturer is in compliance with the applicable requirements of Section A, Subpart F, the
competent authority shall issue a letter of agreement to the showing of conformity of individual products, parts or
appliances (EASA Form 65, see Appendix XI) without undue delay.

(b) The letter of agreement shall contain the scope of the agreement, a termination date and, where applicable, the
appropriate limitations relating to the authorisation.

(c) The duration of the letter of agreement shall not exceed one year.

21.B.135 Maintenance of the letter of agreement

The competent authority shall maintain the letter of agreement as long as:
(a) the manufacturer is properly using the EASA Form 52 (see Appendix VIII) as a statement of conformity for complete
aircraft, and the EASA Form 1 (see Appendix I) for products other than complete aircraft, parts and appliances; and
(b) inspections performed by the competent authority of the Member State before validation of the EASA Form 52 (see
Appendix VIII) or the EASA Form 1 (see Appendix I), as per point 21.A.130(c) did not reveal any findings of non-
compliance with the requirements or the procedures as contained in the manual provided by the manufacturer, or any
non-conformity of the respective products, parts or appliances. These inspections shall check at least that:
1. the agreement covers the product, part or appliance being validated, and remains valid;
2. the manual described in point 21.A.125A(b) and its change status referred in the letter of agreement is used as
basic working document by the manufacturer. Otherwise, the inspection shall not continue and therefore the
release certificates shall not be validated;
21.8.2012 EN Official Journal of the European Union L 224/57

3. production has been carried out under the conditions prescribed in the letter of agreement and satisfactorily
performed;
4. inspections and tests (including flight tests, if appropriate), as per points 21.A.130(b)(2) and/or (b)(3), have been
carried out under the condition prescribed in the letter of agreement and satisfactorily performed;
5. the inspections by the competent authority described or addressed in the letter of agreement have been performed
and found acceptable;
6. the statement of conformity complies with point 21.A.130, and the information provided by it does not prevent
its validation; and
(c) any termination date for the letter of agreement has not been reached.

21.B.140 Amendment of a letter of agreement

(a) The competent authority shall investigate, as appropriate, in accordance with point 21.B.120 any amendment of the
letter of agreement.

(b) When the competent authority is satisfied that the requirements of Section A, Subpart F continue to be complied
with, it shall amend the letter of agreement accordingly.

21.B.145 Limitation, suspension and revocation of a letter of agreement

(a) The limitation, suspension or revocation of the letter of agreement shall be communicated in writing to the holder of
the letter of agreement. The competent authority shall state the reasons for the limitation, suspension or revocation
and inform the holder of the letter of agreement on its right to appeal.

(b) When a letter of agreement has been suspended it shall only be reinstated after compliance with Section A Subpart F
has been re-established.

21.B.150 Record-keeping

(a) The competent authority shall establish a system of record-keeping that allows adequate traceability of the process to
issue, maintain, amend, suspend or revoke each individual letter of agreement.

(b) The records shall at least contain:


1. the documents provided by the applicant for, or holder of, a letter of agreement;
2. documents established during investigation and inspection, in which the activities and the final results of the
elements defined in point 21.B.120 are stated;
3. the letter of agreement, including changes; and
4. minutes of the meetings with the manufacturer.

(c) The records shall be archived for a minimum retention period of six years after termination of the letter of agreement.

(d) The competent authority shall also maintain records of all Statements of Conformity (EASA Form 52, see Appendix
VIII) and Authorised Release Certificates (EASA Form 1, see Appendix I) that it has validated.

SUBPART G PRODUCTION ORGANISATION APPROVAL

21.B.220 Investigation

(a) The competent authority shall appoint a production organisation approval team for each applicant, or holder of, a
production organisation approval to conduct all relevant tasks related to this production organisation approval,
consisting of a team leader to manage and lead the approval team and, if required, one or more team members.
The team leader shall report to the manager responsible for the activity as defined in point 21.B.25(b)(2).

(b) The competent authority shall perform sufficient investigation activities for an applicant for, or holder of, a
production organisation approval to justify recommendations for the issuance, maintenance, amendment, suspension
or revocation of the approval.
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(c) The competent authority shall prepare procedures for the investigation of a production organisation approval as part
of the documented procedures covering at least the following elements:
1. evaluation of applications received;
2. determination of production organisation approval team;
3. investigation preparation and planning;
4. evaluation of the documentation (production organisation exposition, procedures, etc.);
5. auditing;
6. follow up of corrective actions;
7. recommendation for issuance, amendment, suspension or revocation of production organisation approval;
8. continued surveillance.

21.B.225 Findings

(a) When during audits or by other means objective evidence is found by the competent authority, showing non-
compliance of the holder of a production organisation approval with the applicable requirements of Section A,
this finding shall be classified in accordance with point 21.A.158(a).

(b) The competent authority shall take the following actions:


1. for level 1 findings, immediate action shall be taken by the competent authority to limit, suspend or revoke the
production organisation approval, in whole or in part, depending upon the extent of the finding, until successful
corrective action has been completed 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 3 months. In certain circumstances, at the end of this period and subject to the
nature of the finding, the competent authority can extend the 3 months period subject to a satisfactory corrective
action plan provided by the organisation.

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

21.B.230 Issue of certificate

(a) When satisfied that the production organisation is in compliance with the applicable requirements of Section A,
Subpart G, the competent authority shall issue a Production Organisation Approval (EASA Form 55, see Appendix X)
without undue delay.

(b) The reference number shall be included on the EASA Form 55 in a manner specified by the Agency.

21.B.235 Continued surveillance

(a) In order to justify the maintenance of the production organisation approval the competent authority shall perform
continued surveillance:
1. to verify that the production organisation approval holders quality system complies with Section A Subpart G;
2. to verify that the organisation of the production organisation approval holder operates in accordance with the
production organisation exposition;
3. to verify the effectiveness of the production organisation exposition procedures; and
4. to monitor by sample the standards of the product, part or appliance.

(b) Continued surveillance shall be performed in accordance with point 21.B.220.

(c) The competent authority shall provide through planned continued surveillance that a production organisation
approval is completely reviewed for compliance with this Annex I (Part 21) during a period of 24 months. The
continued surveillance may be made up of several investigation activities during this period. The number of audits
may vary depending upon the complexity of the organisation, the number of sites and the criticality of the
production. As a minimum the holder of a production organisation approval shall be subject to continued surveillance
activity by the competent authority at least once every year.
21.8.2012 EN Official Journal of the European Union L 224/59

21.B.240 Amendment of a production organisation approval

(a) The competent authority shall monitor any minor change through the continued surveillance activities.

(b) The competent authority shall investigate as appropriate in accordance with point 21.B.220 any significant change of
a production organisation approval or application by the holder of a production organisation approval for an
amendment of the scope and terms of approval.

(c) When the competent authority is satisfied that the requirements of Section A, Subpart G continue to be complied
with it shall amend the production organisation approval accordingly.

21.B.245 Suspension and revocation of a production organisation approval

(a) In case of a level one or level two finding, the competent authority shall partly or fully limit, suspend or revoke a
production organisation approval as follows:
1. in case of a level one finding the production organisation approval shall be immediately limited or suspended. If
the holder of the production organisation approval fails to comply with point 21.A.158(c)(1), the production
organisation approval shall be revoked;
2. in case of a level two finding, the competent authority shall decide on any restriction to the scope of approval by
temporary suspension of the production organisation approval or parts thereof. If the holder of a production
organisation approval fails to comply with point 21.A.158(c)(2), the production organisation approval shall be
revoked.

(b) The limitation, suspension or revocation of the production organisation approval shall be communicated in writing to
the holder of the production organisation approval. The competent authority shall state the reasons for the suspension
or revocation and inform the holder of the production organisation approval of its right to appeal.

(c) When a production organisation approval has been suspended it shall only be reinstated after compliance with
Section A, Subpart G has been re-established.

21.B.260 Record-keeping

(a) The competent authority shall establish a system of record-keeping that allows adequate traceability of the process to
issue, maintain, amend, suspend or revoke each individual production organisation approval.

(b) The records shall at least contain:


1. the documents provided by the applicant for, or holder of, a production organisation approval certificate;
2. documents established during the investigation, in which the activities and the final results of the elements defined
in point 21.B.220 are stated, including findings established in accordance with point 21.B.225;
3. the continued surveillance programme, including records of investigations performed;
4. the production organisation approval certificate, including changes;
5. minutes of the meetings with the holder of the production organisation approval.

(c) The records shall be archived for a minimum retention period of six years.

SUBPART H CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS

21.B.320 Investigation

(a) The competent authority of the Member State of registry shall perform sufficient investigation activities for an
applicant for, or holder of, an airworthiness certificate to justify the issuance, maintenance, amendment, suspension
or revocation of the certificate or permit.

(b) The competent authority of the Member State of registry shall prepare evaluation procedures covering at least the
following elements:
1. evaluation of eligibility of the applicant;
2. evaluation of the eligibility of the application;
3. classification of airworthiness certificates;
L 224/60 EN Official Journal of the European Union 21.8.2012

4. evaluation of the documentation received with the application;


5. inspection of aircraft;
6. determination of necessary conditions, restrictions or limitations to the airworthiness certificates.

21.B.325 Issue of airworthiness certificate

(a) The competent authority of the Member State of registry shall issue or change a certificate of airworthiness (EASA
Form 25, see Appendix VI) without undue delay when it is satisfied that the requirements of point 21.B.326 and the
applicable requirements of Section A of Subpart H of this Annex I (Part 21) are met.

(b) The competent authority of the Member State of registry shall issue or change a Restricted certificate of airworthiness
(EASA Form 24, see Appendix V) without undue delay when it is satisfied that requirements of point 21.B.327 and
the applicable requirements of Section A of Subpart H of this Annex I (Part 21) are met.

(c) For a new aircraft or used aircraft originating from a non-member State, in addition to the appropriate airworthiness
certificate referred to in point (a) or (b), the competent authority of the Member State of registry shall issue an initial
airworthiness review certificate (EASA Form 15a, see Appendix II).

21.B.326 Certificate of airworthiness

The competent authority of the Member State of registry shall issue a certificate of airworthiness for:
(a) new aircraft:
1. upon presentation of the documentation required by point 21.A.174(b)(2);
2. when the competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved
design and is in a condition for safe operation. This may include inspections by the competent authority of the
Member State of registry;
(b) used aircraft:
1. upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:
(i) the aircraft conforms to a type design approved under a type-certificate and any supplemental type-certificate,
change or repair approved in accordance with this Annex I (Part 21); and
(ii) the applicable airworthiness directives have been complied with; and
(iii) the aircraft has been inspected in accordance with the applicable provisions of Annex I (Part M) of [Regulation
(EC) No 2042/2003];
2. when the competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved
design and is in a condition for safe operation. This may include inspections by the competent authority of the
Member State of registry.

21.B.327 Restricted certificate of airworthiness

(a) The competent authority of the Member State of registry shall issue a restricted certificate of airworthiness for:
1. new aircraft:
(i) upon presentation of the documentation required by point 21.A.174(b)(2);
(ii) when the competent authority of the Member State of registry is satisfied that the aircraft conforms to a design
approved by the Agency under a restricted type-certificate or in accordance with specific airworthiness spec
ifications, and is in a condition for safe operation. This may include inspections by the competent authority of
the Member State of registry;
2. used aircraft:
(i) upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:
(A) the aircraft conforms to a design approved by the Agency under a restricted type-certificate or in
accordance with specific airworthiness specifications and any supplemental type-certificate change or
repair approved in accordance with this Annex I (Part 21); and
21.8.2012 EN Official Journal of the European Union L 224/61

(B) the applicable airworthiness directives have been complied with; and
(C) the aircraft has been inspected in accordance with the applicable provisions of Annex I (Part M) of
[Regulation (EC) No 2042/2003];
(ii) when the competent authority of the Member State of registry is satisfied that the aircraft conforms to the
approved design and is in a condition for safe operation. This may include inspections by the competent
authority of the Member State of registry.

(b) For an aircraft that cannot comply with the essential requirements referred to in Regulation (EC) No 216/2008 and
which is not eligible for a restricted type-certificate, the Agency shall, as necessary to take account of deviations from
these essential requirements:
1. issue and check compliance with specific airworthiness specifications ensuring adequate safety with regard to the
intended use, and
2. specify limitations for use of this aircraft.

(c) Limitations for use will be associated with restricted certificates of airworthiness, including airspace restrictions, as
necessary to take account of deviations from essential requirements for airworthiness laid down in Regulation (EC)
No 216/2008.

21.B.330 Suspension and revocation of certificates of airworthiness and restricted certificates of airworthiness

(a) Upon evidence that any of the conditions specified in point 21.A.181(a) is not met, the competent authority of the
Member State of registry shall suspend or revoke an airworthiness certificate.

(b) Upon issuance of the notice of suspension and revocation of a certificate of airworthiness or restricted certificate of
airworthiness the competent authority of the Member State of registry shall state the reasons for the suspension or
revocation and inform the holder of the certificate of its right to appeal.

21.B.345 Record-keeping

(a) The competent authority of the Member State of registry shall establish a system of record-keeping that allows
adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual airworthiness
certificate.

(b) The records shall at least contain:


1. the documents provided by the applicant;
2. documents established during the investigation, in which the activities and the final results of the elements defined
in point 21.B.320(b) are stated; and
3. a copy of the certificate or permit, including amendments.

(c) The records shall be archived for a minimum retention period of six years after leaving that national register.

SUBPART I NOISE CERTIFICATES

21.B.420 Investigation

(a) The competent authority of the Member State of registry shall perform sufficient investigation activities for an
applicant for, or holder of, a noise certificate to justify the issuance, maintenance, amendment, suspension or
revocation of the certificate.

(b) The competent authority of the Member State of registry shall prepare evaluation procedures as part of the docu
mented procedures covering at least the following elements:
1. evaluation of eligibility;
2. evaluation of the documentation received with the application;
3. inspection of aircraft.
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21.B.425 Issue of noise certificates

The competent authority of the Member State of registry shall, as applicable, issue, or amend noise certificates (EASA
Form 45, see Appendix VII) without undue delay when it is satisfied that the applicable requirements of Section A,
Subpart I are met.

21.B.430 Suspension and revocation of a noise certificate

(a) Upon evidence that some of the conditions specified in point 21.A.211(a) are not met, the competent authority of the
Member State of registry shall suspend or revoke a noise certificate.

(b) Upon issuance of the notice of suspension and revocation of a noise certificate the competent authority of the
Member State of registry shall state the reasons for the suspension and revocation and shall inform the holder of the
certificate on its right to appeal.

21.B.445 Record-keeping

(a) The competent authority of the Member State of registry shall establish a system of record-keeping with minimum
retention criteria that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each
individual noise certificate.

(b) The records shall at least contain:


1. the documents provided by the applicant;
2. documents established during the investigation, in which the activities and the final results of the elements defined
in point 21.B.420(b) are stated;
3. a copy of the certificate including amendments.

(c) The records shall be archived for a minimum retention period of six years after leaving that national register.

SUBPART J DESIGN ORGANISATION APPROVAL

Administrative procedures established by the Agency shall apply.

SUBPART K PARTS AND APPLIANCES

Administrative procedures established by the Agency shall apply.

(SUBPART L NOT APPLICABLE)

SUBPART M REPAIRS

Administrative procedures established by the Agency shall apply.

(SUBPART N NOT APPLICABLE)

SUBPART O EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS

Administrative procedures established by the Agency shall apply.


21.8.2012 EN Official Journal of the European Union L 224/63

SUBPART P PERMIT TO FLY

21.B.520 Investigation

(a) The competent authority shall perform sufficient investigation activities to justify the issuance, or revocation of the
permit to fly.

(b) The competent authority shall prepare evaluation procedures covering at least the following elements:
1. evaluation of the eligibility of the applicant;
2. evaluation of the eligibility of the application;
3. evaluation of the documentation received with the application;
4. inspection of the aircraft;
5. approval of the flight conditions in accordance with point 21.A.710(b).

21.B.525 Issue of permits to fly

The competent authority shall issue a permit to fly (EASA Form 20a, see Appendix III) without undue delay:
(a) upon presentation of the data required by point 21.A.707; and
(b) when the flight conditions referred to in point 21.A.708 have been approved in accordance with point 21.A.710; and
(c) when the competent authority, through its own investigations, which may include inspections, or through procedures
agreed with the applicant, is satisfied that the aircraft conforms to the design defined under point 21.A.708 before
flight.

21.B.530 Revocation of permits to fly

(a) Upon evidence that any of the conditions specified in point 21.A.723(a) are not met for a permit to fly it has issued,
the competent authority shall revoke that permit to fly.

(b) Upon issuance of the notice of revocation of a permit to fly the competent authority shall state the reasons for the
revocation and inform the holder of the permit to fly on the right to appeal.

21.B.545 Record-keeping

(a) The competent authority shall operate a system of record-keeping that provides adequate traceability of the process
for the issue and revocation of each individual permit to fly.

(b) The records shall at least contain:


1. the documents provided by the applicant;
2. documents established during the investigation, in which the activities and the final results of the elements defined
in point 21.B.520(b) are stated; and
3. a copy of the permit to fly.

(c) The records shall be kept for a minimum of six years after the permit ceases to be valid.

SUBPART Q IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES

Administrative procedures established by the Agency shall apply.


L 224/64 EN Official Journal of the European Union 21.8.2012

Appendices

EASA FORMS

When the Forms of this Annex are issued in a language other than English they shall include an English translation.

The EASA ('European Aviation Safety Agency') Forms referred to in the appendices to this Part shall have the following
obligatory features. Member States shall ensure that the EASA Forms they issue are recognisable and shall be responsible
for having those Forms printed.

Appendix I EASA Form 1 Authorised release Certificate


Appendix II EASA Form 15a Airworthiness Review Certificate
Appendix III EASA Form 20a Permit to Fly
Appendix IV EASA Form 20b Permit to Fly (issued by approved organisations)
Appendix V EASA Form 24 Restricted Certificate of Airworthiness
Appendix VI EASA Form 25 Certificate of Airworthiness
Appendix VII EASA Form 45 Noise Certificate
Appendix VIII EASA Form 52 Aircraft Statement of Conformity
Appendix IX EASA Form 53 Certificate of Release to Service
Appendix X EASA Form 55 Production Organisation Approval Certificate
Appendix XI EASA Form 65 Letter of Agreement for production without production organisation approval
21.8.2012 EN Official Journal of the European Union L 224/65

Appendix I

Authorised Release Certificate EASA Form 1 referred to in Annex I (Part 21)


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Instructions for the use of EASA Form 1


These instructions relate only to the use of the EASA Form 1 for production purposes. Attention is drawn to Appendix II
to Annex I (Part M) of [Regulation (EC) No 2042/2003] which covers the use of the EASA Form 1 for maintenance
purposes.

1. PURPOSE AND USE


1.1. A primary purpose of the certificate is to declare the airworthiness of new aviation products, parts and appliances
(the item(s)).

1.2. Correlation must be established between the certificate and the item(s). The originator must retain a certificate in a
form that allows verification of the original data.

1.3. The certificate is acceptable to many airworthiness authorities, but may be dependent on bilateral agreements and/or
the policy of the airworthiness authority.

1.4. The certificate is not a delivery or shipping note.

1.5. Aircraft are not to be released using the certificate.

1.6. The certificate does not constitute approval to install the item on a particular aircraft, engine, or propeller but helps
the end user determine its airworthiness approval status.

1.7. A mixture of production released and maintenance released items is not permitted on the same certificate.

1.8. A mixture of items certified in conformity with approved data and to non-approved data is not permitted on the
same certificate.

2. GENERAL FORMAT
2.1. The certificate must comply with the format attached including block numbers and the location of each block. The
size of each block may however be varied to suit the individual application, but not to the extent that would make
the certificate unrecognisable.

2.2. The certificate must be in landscape format but the overall size may be significantly increased or decreased so long
as the certificate remains recognisable and legible. If in doubt consult the competent authority.

2.3. The User/Installer responsibility statement can be placed on either side of the form.

2.4. All printing must be clear and legible to permit easy reading.

2.5. The certificate may either be pre-printed or computer generated but in either case the printing of lines and
characters must be clear and legible and in accordance with the defined format.

2.6. The certificate should be in English, and if appropriate, in one or more other languages.

2.7. The details to be entered on the certificate may be either machine/computer printed or hand-written using block
letters and must permit easy reading.

2.8. Limit the use of abbreviations to a minimum, to aid clarity.

2.9. The space remaining on the reverse side of the certificate may be used by the originator for any additional
information but must not include any certification statement. Any use of the reverse side of the certificate must
be referenced in the appropriate block on the front side of the certificate.

3. COPIES
3.1. There is no restriction in the number of copies of the certificate sent to the customer or retained by the originator.

4. ERROR(S) ON A CERTIFICATE
4.1. If an end-user finds an error(s) on a certificate, he must identify it/them in writing to the originator. The originator
may issue a new certificate if they can verify and correct the error(s).
21.8.2012 EN Official Journal of the European Union L 224/67

4.2. The new certificate must have a new tracking number, signature and date.

4.3. The request for a new certificate may be honoured without re-verification of the item(s) condition. The new
certificate is not a statement of current condition and should refer to the previous certificate in block 12 by the
following statement: This certificate corrects the error(s) in block(s) [enter block(s) corrected] of the certificate [enter
original tracking number] dated [enter original issuance date] and does not cover conformity/condition/release to
service. Both certificates should be retained according to the retention period associated with the first.

5. COMPLETION OF THE CERTIFICATE BY THE ORIGINATOR


Block 1 Approving competent authority/Country
State the name and country of the competent authority under whose jurisdiction this certificate is
issued. When the competent authority is the Agency, only EASA must be stated.

Block 2 EASA Form 1 header


AUTHORISED RELEASE CERTIFICATE EASA FORM 1

Block 3 Form Tracking Number


Enter the unique number established by the numbering system/procedure of the organisation
identified in block 4; this may include alpha/numeric characters.

Block 4 Organisation Name and Address


Enter the full name and address of the production organisation (refer to EASA Form 55 Sheet A)
releasing the item(s) covered by this certificate. Logos etc. of the organisation are permitted if they
can be contained within the block.

Block 5 Work Order/Contract/Invoice


To facilitate customer traceability of the item(s), enter the work order number, contract number,
invoice number, or similar reference number.

Block 6 Item
Enter line item numbers when there is more than one line item. This block permits easy cross-
referencing to the Remarks in block 12.

Block 7 Description
Enter the name or description of the item. Preference should be given to the term used in the
instructions for continued airworthiness or maintenance data (e.g. Illustrated Parts Catalogue,
Aircraft Maintenance Manual, Service Bulletin, Component Maintenance Manual).

Block 8 Part Number


Enter the part number as it appears on the item or tag/packaging. In case of an engine or propeller
the type designation may be used.

Block 9 Quantity
State the quantity of items.

Block 10 Serial Number


If the item is required by regulation to be identified with a serial number, enter it here. Additionally,
any other serial number not required by regulation may also be entered. If there is no serial number
identified on the item, enter N/A.

Block 11 Status/Work

Enter either PROTOTYPE or NEW.

Enter PROTOTYPE for:

(i) the production of a new item in conformity with non-approved design data;
L 224/68 EN Official Journal of the European Union 21.8.2012

(ii) re-certification by the organisation identified in block 4 of the previous certificate after alteration
or rectification work on an item, prior to entry into service, (e.g. after incorporation of a design
change, correction of a defect, inspection or test, or renewal of shelf-life.) Details of the original
release and the alteration or rectification work are to be entered in block 12.

Enter NEW for:

(i) the production of a new item in conformity with the approved design data;

(ii) re-certification by the organisation identified in block 4 of the previous certificate after
alteration or rectification work on an item, prior to entry into service, (e.g. after incorporation
of a design change, correction of a defect, inspection or test, or renewal of shelf-life.) Details of
the original release and the alteration or rectification work are to be entered in block 12;

(iii) re-certification by the product manufacturer or the organisation identified in block 4 of the
previous certificate of items from prototype (conformity only to non-approved data) to new
(conformity to approved data and in a condition for safe operation), subsequent to approval of
the applicable design data, provided that the design data has not changed. The following
statement must be entered in block 12:

RE-CERTIFICATION OF ITEMS FROM PROTOTYPE TO NEW: THIS DOCUMENT CERTIFIES


THE APPROVAL OF THE DESIGN DATA [INSERT TC/STC NUMBER, REVISION LEVEL],
DATED [INSERT DATE IF NECESSARY FOR IDENTIFICATION OF REVISION STATUS], TO
WHICH THIS ITEM (THESE ITEMS) WAS (WERE) MANUFACTURED.

The box approved design data and are in a condition for safe operation should be marked in
block 13a;

(iv) the examination of a previously released new item prior to entry into service in accordance with
a customer-specified standard or specification (details of which and of the original release are to
be entered in block 12) or to establish airworthiness (an explanation of the basis of release and
details of the original release are to be entered in block 12).

Block 12 Remarks
Describe the work identified in block 11, either directly or by reference to supporting documen
tation, necessary for the user or installer to determine the airworthiness of item(s) in relation to the
work being certified. If necessary, a separate sheet may be used and referenced from the EASA Form
1. Each statement must clearly identify which item(s) in block 6 it relates to. If there is no statement,
state None.

Enter the justification for release to non-approved design data in block 12 (e.g. pending type-
certificate, for test only, pending approved data).

If printing the data from an electronic EASA Form 1 any data not appropriate in other blocks
should be entered in this block.

Block 13a Mark only one of the two boxes:


1. Mark the approved design data and are in a condition for safe operation box if the item(s)
was/were manufactured using approved design data and found to be in a condition for safe
operation.

2. Mark the non-approved design data specified in block 12 box if the item(s) was/were manu
factured using applicable non-approved design data. Identify the data in block 12 (e.g. pending
type-certificate, for test only, pending approved data).

Mixtures of items released against approved and non-approved design data are not permitted on
the same certificate.

Block 13b Authorised Signature


This space shall be completed with the signature of the authorised person. Only persons specifically
authorised under the rules and policies of the competent authority are permitted to sign this block.
To aid recognition, a unique number identifying the authorised person may be added.
21.8.2012 EN Official Journal of the European Union L 224/69

Block 13c Approval/Authorisation Number


Enter the approval/authorisation number/reference. This number or reference is issued by the
competent authority.

Block 13d Name


Enter the name of the person signing block 13b in a legible form.

Block 13e Date


Enter the date on which block 13b is signed, the date must be in the format dd = 2 digit day,
mmm = first 3 letters of the month, yyyy = 4 digit year.

Block 14a-14e General Requirements for blocks 14a-14e:


Not used for production release. Shade, darken, or otherwise mark to preclude inadvertent or unauthorised use.

User/Installer Responsibilities
Place the following statement on the certificate to notify end users that they are not relieved of their responsibilities
concerning installation and use of any item accompanied by the form:

THIS CERTIFICATE DOES NOT AUTOMATICALLY CONSTITUTE AUTHORITY TO INSTALL.

WHERE THE USER/INSTALLER PERFORMS WORK IN ACCORDANCE WITH REGULATIONS OF AN


AIRWORTHINESS AUTHORITY DIFFERENT THAN THE AIRWORTHINESS AUTHORITY SPECIFIED IN BLOCK
1, IT IS ESSENTIAL THAT THE USER/INSTALLER ENSURES THAT HIS/HER AIRWORTHINESS AUTHORITY
ACCEPTS ITEMS FROM THE AIRWORTHINESS AUTHORITY SPECIFIED IN BLOCK 1.

STATEMENTS IN BLOCKS 13A AND 14A DO NOT CONSTITUTE INSTALLATION CERTIFICATION. IN ALL
CASES AIRCRAFT MAINTENANCE RECORDS MUST CONTAIN AN INSTALLATION CERTIFICATION ISSUED
IN ACCORDANCE WITH THE NATIONAL REGULATIONS BY THE USER/INSTALLER BEFORE THE AIRCRAFT
MAY BE FLOWN.
L 224/70 EN Official Journal of the European Union 21.8.2012

Appendix II

Airworthiness Review Certificate EASA Form 15a


21.8.2012 EN Official Journal of the European Union L 224/71

Appendix III
L 224/72 EN Official Journal of the European Union 21.8.2012

Appendix IV
21.8.2012 EN Official Journal of the European Union L 224/73

Appendix V

Restricted Certificate of Airworthiness EASA Form 24


L 224/74 EN Official Journal of the European Union 21.8.2012

Appendix VI

Certificate of Airworthiness EASA Form 25


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Appendix VII
L 224/76 EN Official Journal of the European Union 21.8.2012

Appendix VIII

Aircraft statement of conformity EASA Form 52


21.8.2012 EN Official Journal of the European Union L 224/77

Instructions for the use of the Aircraft Statement of Conformity EASA Form 52
1. PURPOSE AND SCOPE
1.1. Use of the aircraft Statement of Conformity issued by a manufacturer producing under Part 21 Section A Subpart F
is described under point 21.A.130 and the corresponding acceptable means of compliance.

1.2. The purpose of the aircraft Statement of Conformity (EASA Form 52) issued under Part 21 Section A Subpart G is
to enable the holder of an appropriate production organisation approval to exercise the privilege to obtain an
individual aircraft certificate of airworthiness from the competent authority of the Member State of registry.

2. GENERAL
2.1. The Statement of Conformity must comply with the format attached including block numbers and the location of
each block. The size of each block may however be varied to suit the individual application, but not to the extent
that would make the Statement of Conformity unrecognisable. If in doubt consult the competent authority.

2.2. The Statement of Conformity must either be pre-printed or computer generated but in either case the printing of
lines and characters must be clear and legible. Pre-printed wording is permitted in accordance with the attached
model but no other certification statements are permitted.

2.3. Completion may be either machine/computer printed or hand-written using block letters to permit easy reading.
English, and where relevant, one or more of the official language(s) of the issuing Member State are acceptable.

2.4. A copy of the Statement and all referenced attachments are to be retained by the approved production organisation.

3. COMPLETION OF THE STATEMENT OF CONFORMITY BY THE ORIGINATOR


3.1. There should be an entry in all blocks to make the document a valid statement.

3.2. A Statement of Conformity may not be issued to the competent authority of the Member State of registry unless the
design of the aircraft and its installed products are approved.

3.3. The information required in blocks 9, 10, 11, 12, 13 and 14 may be by reference to separate identified documents
held on file by the production organisation, unless the competent authority agrees otherwise.

3.4. This Statement of Conformity is not intended to include those items of equipment that may be required to be fitted
in order to satisfy applicable operational rules. However, some of these individual items may be included in block 10
or in the approved type design. Operators are therefore reminded of their responsibility to ensure compliance with
the applicable operational rules for their own particular operation.

Block 1 Enter name of the State of manufacture.

Block 2 The competent authority under which authority the Statement of Conformity is issued.

Block 3 A unique serial number should be pre-printed in this block for statement control and traceability purposes.
Except that in the case of a computer generated document the number need not be pre-printed where the
computer is programmed to produce and print a unique number.

Block 4 The full name and location address of the organisation issuing the statement. This block may be pre-printed.
Logos etc. are permitted if the logo can be contained within the block.

Block 5 The aircraft type in full as defined in the type-certificate and its associated data sheet.

Block 6 The type-certificate reference numbers and issue for the subject aircraft.

Block 7 If the aircraft is registered then this mark will be the registration mark. If the aircraft is not registered then this
will be such a mark that is accepted by the competent authority of the Member State and, if applicable, by the
competent authority of a third country.

Block 8 The identification number assigned by the manufacturer for control and traceability and product support. This
is sometimes referred to as a Manufacturers Serial No or Constructors No.

Block 9 The engine and propeller type(s) in full as defined in the relevant type-certificate and its associated data sheet.
Their manufacturer identification No and associated location should also be shown.

Block 10 Approved design changes to the aircraft definition.


L 224/78 EN Official Journal of the European Union 21.8.2012

Block 11 A listing of all applicable airworthiness directives (or equivalent) and a declaration of compliance, together with
a description of the method of compliance on the subject individual aircraft including products and installed
parts, appliances and equipment. Any future compliance requirement time should be shown.

Block 12 Approved unintentional deviation to the approved type design sometimes referred to as concessions, diver
gences, or non-conformances.

Block 13 Only agreed exemptions, waivers or derogations may be included here.

Block 14 Remarks. Any statement, information, particular data or limitation which may affect the airworthiness of the
aircraft. If there is no such information or data, state; NONE.

Block 15 Enter Certificate of Airworthiness, or Restricted Certificate of Airworthiness, or for the Certificate of
Airworthiness requested.

Block 16 Additional requirements such as those notified by an importing country should be noted in this block.

Block 17 Validity of the Statement of Conformity is dependent on full completion of all blocks on the form. A copy of
the flight test report together with any recorded defects and rectification details should be kept on file by the
POA holder. The report should be signed as satisfactory by the appropriate certifying staff and a flight crew
member, e.g. test pilot or flight test engineer. The flight tests performed are those defined under the control of
the quality system, as established by point 21.A.139 in particular 21.A.139(b)(1)(vi), to ensure that the aircraft
conforms with the applicable design data and is in condition for safe operation.

The listing of items provided (or made available) to satisfy the safe operation aspects of this statement should
be kept on file by the POA holder.

Block 18 The Statement of Conformity may be signed by the person authorised to do so by the production approval
holder in accordance with point 21.A.145(d). A rubber stamp signature should not be used.

Block 19 The name of the person signing the certificate should be typed or printed in a legible form.

Block 20 The date the Statement of Conformity is signed should be given.

Block 21 The competent authority approval reference should be quoted.


21.8.2012 EN Official Journal of the European Union L 224/79

Appendix IX
L 224/80 EN Official Journal of the European Union 21.8.2012

CERTIFICATE OF RELEASE TO SERVICE EASA FORM 53


COMPLETION INSTRUCTIONS

The Block BRIEF DESCRIPTION OF WORK PERFORMED appearing in EASA FORM 53 should include reference to the
approved data used to perform the work.

The Block LOCATION appearing in EASA FORM 53 refers to the location where the maintenance has been performed,
not to the location of the facilities of the organisation (if different).
21.8.2012 EN Official Journal of the European Union L 224/81

Appendix X

Production Organisation Approval Certificates referred to in Subpart G of Annex I (Part 21) EASA Form 55
L 224/82 EN Official Journal of the European Union 21.8.2012
21.8.2012 EN Official Journal of the European Union L 224/83

Appendix XI

Letter of agreement EASA Form 65 referred to in Subpart F of Annex I (Part 21)


L 224/84 EN Official Journal of the European Union 21.8.2012

ANNEX II

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 1702/2003 (OJ L 243, 27.9.2003, p. 6).

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

Commission Regulation (EC) No 706/2006 (OJ L 122, 9.5.2006, p. 16).

Commission Regulation (EC) No 335/2007 (OJ L 88, 29.3.2007, p. 40).

Commission Regulation (EC) No 375/2007 (OJ L 94, 4.4.2007, p. 3).

Commission Regulation (EC) No 287/2008 (OJ L 087, 29.3.2008, p. 3).

Commission Regulation (EC) No 1057/2008 (OJ L 283, 28.10.2008, p. 30).

Commission Regulation (EC) No 1194/2009 (OJ L 321, 8.12.2009, p. 5).


21.8.2012 EN Official Journal of the European Union L 224/85

ANNEX III

Correlation table

Regulation (EC) No 1702/2003 This Regulation

Article 1(1) Article 1(1)

Article 1(2) Article 1(2), points (a) to (h)

Article 1(2), points (i) and (j)

Article 2(1) and (2) Article 2(1) and (2)

Article 2(3)

Article 2a(1), introductory wording Article 3(1), introductory wording

Article 2a(1), points (a) and (b) Article 3(1), points (a) and (b)

Article 2a(1), points (c) and (d)

Article 2a(2) to (5) Article 3(2) to (5)

Article 2b Article 4

Article 2c(1) Article 5

Article 2c(2) and (3)

Article 2d Article 6

Article 2e, first paragraph Article 7

Article 2e, second paragraph

Article 3(1), (2) and the first sentence of point 3 Article 8(1), (2) and (3)

Article 3(3) second sentence, (4) and (5)

Article 3(6)

Article 4(1), (2) and the first sentence of point 3 Article 9(1), (2) and (3)

Article 4(3) second sentence, (4), (5) and (6)

Article 10

Article 11

Article 5(1) Article 12

Article 5(2) to (5)

Annex Annex I

Annex II

Annex III
ANNEX I
(Part-M)

B
.1 ED 2008/013/R
For the purpose of this Part, the competent authority shall be: AMC M.1
1. for the oversight of the continuing airworthiness of individual aircraft and the issue A competent authority may be a ministry, a national aviation authority or any aviation
of airworthiness review certificates the authority designated by the Member State of body designated by the Member State and located within that Member State. A Member
State may designate more than one competent authority to cover different areas of responsibility, as long as the
registry. designation decision contains a list of the competencies of each authority and there is only one competent
2. for the oversight of a maintenance organisation as specified in M.A. Subpart F, authority responsible for each given area of responsibility.
(i) the authority designated by the Member State where that organisations 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 organisations principle
place of business is located if the approval is not included in an air operators certificate.
(ii) the authority designated by the Member State of the operator if the approval is
included in an air operators 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.
(iii) By derogation from paragraph 4(i), when the continuing airworthiness of an aircraft
not used in commercial air transport is managed by a continuing airworthiness
management organisation approved in accordance with Section A, Subpart G of this
Annex (Part M) not subject to the oversight of the Member State of registry, and only if
agreed with the Member State of registry prior to the approval of the maintenance

1
programme:
(a) the authority designated by the Member State responsible for the oversight of the
continuing airworthiness management organisation, or
(b) the Agency if the continuing airworthiness management organisation is located in a
third country.
M3
(iii) By derogation from paragraph 4(i), when the continuing airworthiness of an aircraft
not used in commercial air transport is managed by a continuing airworthiness
management organisation approved in accordance with Section A, Subpart G of this
Annex (Part M) not subject to the oversight of the Member State of registry, and only if
agreed with the Member State of registry prior to the approval of the maintenance
programme:
(a) the authority designated by the Member State responsible for the oversight of the
continuing airworthiness management organisation, or
(b) the Agency if the continuing airworthiness management organisation
is located in a third country.

2
B
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.
M3
(e) In order to satisfy the responsibilities of paragraph (a),
3
(i) The owner of an aircraft may contract the tasks associated with continuing
airworthiness to a continuing airworthiness management organisation
approved in accordance with Section A, Subpart G of this Annex (Part M). In this
case, the continuing airworthiness management organisation assumes
responsibility for the proper accomplishment of these tasks.

(ii) An owner who decides to manage the continuing airworthiness of the aircraft ED 2008/013/R
AMC M.A.201 (e) Responsibilities
under its own responsibility, without a contract in accordance with The limited contract for the development and approval of the aircraft maintenance programme should cover the
Appendix I, may nevertheless make a limited contract with a continuing responsibilities related to M.A.302(d) and (g). This contract may also entitle the M.A. Subpart G organisation
airworthiness management organisation approved in accordance with Section to use the indirect approval procedure described in M.A.302(c).
A, Subpart G of this Annex (Part M), for the development of the maintenance
programme and its approval in accordance with point M.A.302. In that case, the
limited contract transfers the responsibility for the development and approval of
the maintenance programme to the contracted continuing airworthiness
management organisation.
AMC M.A.201 (h) Responsibilities
1. Reference to aircraft includes the components fitted to or intended to be fitted to the aircraft
B 2. The performance of ground de-icing and anti-icing activities does not require a Part- 145 approval.
(f) In the case of large aircraft, in order to satisfy the responsibilities of paragraph 3. The requirement means that the operator is responsible for determining what maintenance
(a) the owner of an aircraft shall ensure that the tasks associated with continuing is required, when it has to be performed and by whom and to what standard, in order to ensure the continued
airworthiness are performed by an approved continuing airworthiness airworthiness of the aircraft being operated.
4. An operator should therefore have adequate knowledge of the design status (type specification, customer
management options, airworthiness directives (AD), airworthiness limitations R5 contained in CS-25 Book 1, Appendix
organisation. A written contract shall be made in accordance with Appendix I. In H, paragraph H25.1, fuel tank system airworthiness limitations including Critical Design Configuration
this case, the continuing airworthiness management organisation assumes Control Limitations (CDCCL) modifications, major repairs, operational equipment) and required and
responsibility for the proper accomplishment of these tasks. performed maintenance. The Status of aircraft design and maintenance should be adequately documented to
support the performance of the quality system.
5. An operator should establish adequate co-ordination between flight operations and maintenance to ensure
(g) Maintenance of large aircraft, aircraft used for commercial air transport and that both will receive all information on the condition of the aircraft necessary to enable both to perform their
components thereof shall be carried out by a Part-145 approved maintenance tasks.
organisation. 6. The requirement does not mean that an operator himself performs the maintenance (this is to be done by a
maintenance organisation approved under Part-145) but that the operator carries the responsibility for the
airworthy condition of aircraft it operates and thus should be satisfied before the intended flight that all
(h) In the case of commercial air transport the operator is responsible for the required maintenance has been properly carried out.
continuing airworthiness of the aircraft it operates and shall: 7. When an operator is not appropriately approved in accordance with Part-145, the operator should provide a
1. be approved, as part of the air operator certificate issued by the competent clear work order to the maintenance contractor. The fact that an operator has contracted a maintenance
organisation approved under Part- 145 should not prevent it from checking at the maintenance facilities on any
authority, pursuant to M.A. Subpart G for the aircraft it operates; and aspect of the contracted work if he wishes to do so to satisfy his responsibility for the airworthiness of the
2. be approved in accordance with Part-145 or contract such an organisation; and aircraft.
3. ensure that paragraph (a) is satisfied. AMC M.A.201 (h)1 Responsibilities (*)
1. An operator only needs to be approved for the management of the continuing airworthiness of the aircraft
listed on its AOC. The approval to carry out airworthiness reviews is optional.

4
M3 (i) When an operator is requested by a Member State to hold a certificate for 2. This approval does not prevent the operator subcontracting certain continuing airworthiness
management tasks to competent persons or organisations. This activity is considered as an integral element of
commercial operations, other than for commercial air transport, it shall: the operators M.A. Subpart G approval. The regulatory monitoring is exercised through the operators M.A.
1. be appropriately approved, pursuant to M.A. Subpart G, for the management of Subpart G. approval.
the continuing airworthiness of the aircraft it operates or contract such an The contracts should be acceptable to the competent authority.
organisation; and 3. The accomplishment of continuing airworthiness activities forms an important part of the operators
responsibility with the operator remaining accountable for satisfactory completion irrespective of any contract
2. be appropriately approved in accordance with M.A. Subpart F or Part-145, or that may be established.
contract such organisations; and 4. Part-M does not provide for organisations to be independently approved to perform continuing airworthiness
3. ensure that paragraph (a) is satisfied. management tasks on behalf of commercial air transport operators. The approval of such activity is vested in
the operators air operators certificate (AOC). The sub-contracted organisation is considered to perform the
continuing airworthiness management tasks as an integral part of the operators continuing airworthiness
management system, irrespective of any other approval held by the subcontractor including a M.A. Subpart G
(j) The owner/operator is responsible for granting the competent authority access to approval.
the organisation/aircraft to determine continued compliance with this Part. 5. The operator is ultimately responsible and therefore accountable for the airworthiness of its aircraft. To
exercise this responsibility the operator should be satisfied that the actions taken by sub-contracted
organisations meet the standards required by M.A. Subpart G. The operators management of such activities
should therefore be accomplished
(a) by active control through direct involvement and/or
(b) by endorsing the recommendations made by the sub-contracted organisation.
6. In order to retain ultimate responsibility the operator should limit sub-contracted tasks to the activities
specified below:
(a) airworthiness directive analysis and planning
(b) service bulletin analysis
(c) planning of maintenance
(d) reliability monitoring, engine health monitoring
(e) maintenance programme development and amendments
(f) any other activities which do not limit the operators responsibilities as agreed by the competent authority.
7. The operators management controls associated with sub-contracted continuing airworthiness
management tasks should be reflected in the associated written contract and be in accordance with the
operators policy and procedures defined in his continuing airworthiness management exposition. When such
tasks are sub-contracted the operators continuing airworthiness management system is considered to be
extended to the sub-contracted organisation.
R6 8. With the exception of engines and auxiliary power units contracts would normally be limited to one
organisation per aircraft type for any combination of the activities described in Appendix II. Where
arrangements are made with more than one organisation the operator should demonstrate adequate co-
ordination controls are in place and that the individual responsibilities are clearly defined in related contracts.

9. Contracts should not authorise the sub-contracted organisation to sub-contract to other organisations
elements of the continuing airworthiness management tasks.
10. The operator should ensure that any findings arising from the competent authority monitoring of the sub-
contracted continuing airworthiness management tasks will be closed to the satisfaction of the competent
authority. This provision should be included in the contract.
11. The sub-contracted organisation should agree to notify the respective operators of any changes affecting the
contracts as soon as practical. The operator should then inform its competent authority. Failure to do so may
invalidate the competent authority acceptance of the contract.
12. Appendix II provides information on the sub-contracting of continuing airworthiness management tasks.

5
13. The operator should only sub contract to organisations which are specified by the competent authority on
the AOC or EASA Form 14 as applicable.
AMC M.A.201 (h)(2) Responsibilities
1. The requirement is intended to provide for the possibility of the following three alternative options:
(a) an operator to be approved in accordance with Part-145 to carry out all maintenance of the aircraft and
components;
(b) an operator to be approved in accordance with Part-145 to carry out some of the maintenance of the aircraft
and components. This, at minimum, could be limited line maintenance but may be considerably more but still
short of option (a);
(c) An operator not approved in accordance with Part-145 to carry out any maintenance.
2. An operator or prospective operator may apply for any one of these options but it will be for the competent
authority to determine which option may be accepted in each particular case.
2.1 To make this determination the competent authority will apply the primary criteria of relevant operator
experience if carrying out some or all maintenance on comparable aircraft. Therefore where an operator applies
for option (a) all maintenance the competent authority will need to be satisfied that the operator has
sufficient experience of carrying out all maintenance on a comparable type. For example, assuming that the
experience is judged satisfactory, then it is reasonable from the maintenance viewpoint to add a different wide
bodied aircraft to an existing wide bodied fleet. If the experience is not satisfactory or too limited the
competent authority may choose either to require more experienced management and/or more experienced
release to service staff or may refuse to accept the new wide bodied aircraft if extra experienced staff cannot be
found. Option (b) or (c) may be possible alternatives.
2.2 Where an operator applies for option (b) some maintenance or the competent authority has been unable to
accept an application for option (a) then satisfactory experience is again the key but in this case the
satisfactory experience is related to the reduced maintenance of this option. If the experience is not
satisfactory or too limited the competent authority may choose to require more experienced staff or may refuse
to accept the application if such staff cannot be
found. Option (c) may be the possible alternative. Option (c) accepts that the operator either does not have
satisfactory experience or has only limited experience of some maintenance.
2.3 The competent authority will require an operator to enter into a contract with an appropriately approved
Part-145 organisation except in those cases where the
competent authority believes that it is possible to obtain sufficient satisfactorily experienced staff to provide the
minimal maintenance support for option (b), in which case option (b) would apply.
2.4 In respect of this paragraph, experience means staff who have proven evidence that they were directly
involved with at least line maintenance of similar aircraft types for not less than 12 months. Such experience
should be demonstrated to be satisfactory. An operator is required to have enough personnel meeting the
requirement of M.A.706 to manage the maintenance responsibility whichever option is used.

M.A.202 Occurrence reporting AMC M.A.202 (a) Occurrence reporting


Accountable persons or organisations should ensure that the type certificate (TC) holder receives
M3
adequate reports of occurrences for that aircraft type, to enable it to issue appropriate service
(a) Any person or organisation responsible in accordance with point M.A.201 shall instructions and recommendations to all owners or operators.
report to the competent authority designated by the State of Registry, the Liaison with the TC holder is recommended to establish whether published or proposed service
organisation responsible for the type design or supplemental type design and, if information will resolve the problem or to obtain a solution to a particular problem.
An approved continuing airworthiness management or maintenance organisation should assign
applicable,
responsibility for co-ordinating action on airworthiness occurrences and for initiating any necessary

6
the Member State of operator, any identified condition of an aircraft or component further investigation and follow-up activity to a suitably qualified person with clearly defined authority
and status.
which endangers flight safety.
R4 In respect of maintenance, reporting a condition which endangers flight safety is normally limited
to
- serious cracks, permanent deformation, burning or serious corrosion of structure found during
scheduled maintenance of the aircraft or component.
- failure of any emergency system during scheduled testing.
B AMC M.A.202 (b) Occurrence reporting
The reports may be transmitted by any method i.e. electronically, by post or by facsimile.
(b) Reports shall be made in a manner established by the Agency and contain all Each report should contain at least the following information:
pertinent information about the condition known to the person or organisation. - reporter or R6 organisations name and approval reference if applicable,
- information necessary to identify the subject aircraft and or component,
(c) Where the person or organisation maintaining the aircraft is contracted by an - date and time relative to any life or overhaul limitation in terms of flying hours/ cycles/landings etc. as
owner or an operator to carry out maintenance, the person or the organisation appropriate,
maintaining the aircraft shall also report to the owner, the operator or the - details of the occurrence.
R6 AMC 20-8 General Acceptable Means of Compliance for Airworthiness of Products, Parts and
continuing airworthiness Appliances provides further guidance on occurrence reporting.
management organisation any such condition affecting the owners or the
operators 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 AMC M.A.301 -1- Continuing airworthiness tasks
1. With regard to the pre-flight inspection it is intended to mean all of the actions necessary to ensure
The aircraft continuing airworthiness and the serviceability of both operational and
that the aircraft is fit to make the intended flight. These should typically include but are not necessarily
emergency equipment shall be ensured by: limited to:
1. the accomplishment of pre-flight inspections; (a) a walk-around type inspection of the aircraft and its emergency equipment for condition including, in
particular, any obvious signs of wear, damage or leakage.
In addition, the presence of all required equipment including emergency equipment should be
established.
(b) an inspection of the aircraft continuing airworthiness record system or the operators technical log as
applicable to ensure that the intended flight is not adversely affected by any outstanding deferred defects
and that no required maintenance action shown in the maintenance statement is overdue or will become
due during the flight.
(c) a control that consumable fluids, gases etc. uplifted prior to flight are of the correct specification, free
from contamination, and correctly recorded.
(d) a control that all doors are securely fastened.
(e) a control that control surface and landing gear locks, pitot/static covers, restraint devices and

7
engine/aperture blanks have been removed.
(f) a control that all the aircrafts external surfaces and engines are free from ice,
snow, sand, dust etc.
2. Tasks such as oil and hydraulic fluid uplift and tyre inflation may be considered as part of the pre-
flight inspection. The related pre-flight inspection instructions should address the procedures to
determine where the necessary uplift or inflation results from an abnormal consumption and possibly
requires additional maintenance action by the approved maintenance organisation or certifying staff as
appropriate.
3. In the case of commercial air transport, an operator should publish guidance to maintenance and
flight personnel and any other personnel performing pre-flight inspection tasks, as appropriate, defining
responsibilities for these actions and, where tasks are contracted to other organisations, how their
accomplishment is subject to the quality system of M.A.712. It should be demonstrated to the competent
authority that pre-flight inspection personnel have received appropriate training for the relevant pre-
flight inspection tasks. The training standard for personnel performing the pre-flight inspection should
be described in the operators continuing airworthiness management exposition.
M4 AMC M.A.301 -2- Continuing airworthiness tasks
In the case of commercial air transport the operator should have a system to ensure that all defects affecting the
2. The rectification in accordance with the data specified in point M.A.304 and/or safe operation of the aircraft are rectified within the limits prescribed by the approved minimum equipment list
point M.A.401, as applicable, of any defect and damage affecting safe operation, (MEL) or configuration deviation list (CDL) as appropriate. Also that such defect rectification cannot be
taking into account, for all large aircraft or aircraft used for commercial air postponed unless agreed by the operator and in accordance with a procedure approved by the competent
transport, the minimum equipment list and configuration deviation list as authority. In the case of commercial air transport or large aircraft, a system of assessment should be in
operation to support the continuing airworthiness of an aircraft and to provide a continuous analysis of the
applicable to the aircraft type. effectiveness of the M.A. Subpart G approved continuing airworthiness management organisations defect
control system in use.
The system should provide for:
(a) significant incidents and defects: monitor incidents and defects that have occurred in flight and defects
found during maintenance and overhaul, highlighting any that appear significant in their own right.
(b) repetitive incidents and defects: monitor on a continuous basis defects occurring in flight and defects found
during maintenance and overhaul, highlighting any that are repetitive.
(c) deferred and carried forward defects: Monitor on a continuous basis deferred and carried forward defects.
Deferred defects are defined as those defects reported in operational service which are deferred for later
rectification. Carried forward defects are defined as those defects arising during maintenance which are carried
forward for rectification at a later maintenance input.
(d) unscheduled removals and system performance: analyse unscheduled component removals and the
performance of aircraft systems for use as part of the maintenance programme efficiency.
When deferring or carrying forward a defect the cumulative effect of a number of deferred or carried forward
defects occurring on the same aircraft and any restrictions contained in the MEL should be considered.
Whenever possible, deferred defects should be made known to the pilot/flight crew prior to their arrival at the
aircraft.
B AMC M.A.301 -3- Continuing airworthiness tasks
The owner or the M.A. Subpart G approved continuing airworthiness management organisation as applicable
3. the accomplishment of all maintenance, in accordance with the M.A.302 should have a system to ensure that all aircraft maintenance checks are performed within the limits prescribed
approved aircraft maintenance programme; by the approved aircraft maintenance
programme and that, whenever a maintenance check cannot be performed within the required time limit, its
postponement is allowed in accordance with a procedure agreed by the appropriate competent authority.
4. for all large aircraft or aircraft used for commercial air transport the analysis of AMC M.A.301 -4- Continuing airworthiness tasks
The operator or the contracted M.A. Subpart G approved organisation as applicable should have a system to

8
the effectiveness of the M.A.302 approved maintenance programme; analyse the effectiveness of the maintenance programme, with regard to spares, established defects,
malfunctions and damage, and to amend the maintenance programme accordingly.
5. the accomplishment of any applicable: AMC M.A.301 -5- Continuing Airworthiness Tasks
Operational directives with a continuing airworthiness impact include operating rules such as extended twin-
(i) airworthiness directive, engine operations (ETOPS) / long range operations (LROPS), reduced vertical separation minima (RVSM),
(ii) operational directive with a continuing airworthiness impact, MNPS, all weather operations (AWOPS), RNAV, etc.
(iii) continued airworthiness requirement established by the Agency, Any other continued airworthiness requirement made mandatory by the Agency includes TC related
(iv) measures mandated by the competent authority in immediate reaction to a requirements such as: certification maintenance requirements (CMR), certification life limited parts,
airworthiness limitations contained in R5 CS-25 Book 1, Appendix H, paragraph H25.1, fuel tank system
safety problem; airworthiness limitations including Critical Design Configuration Control Limitations (CDCCL) etc.

M3 (i) When an operator is requested by a Member State to hold a certificate for


commercial operations, other than for commercial air transport, it shall:
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 AMC M.A.301 -7- Continuing airworthiness tasks
An operator or a contracted M.A. Subpart G approved organisation as applicable should establish and work to a
aircraft used for commercial air transport the establishment of an embodiment policy, which assesses non-mandatory information related to the airworthiness of the aircraft. Non mandatory
policy; information such as service bulletins, service letters and other information that is produced for the aircraft and
its components by an approved design organisation, the manufacturer, the competent authority or the Agency.
8. maintenance check flights when necessary.

M3 AMC M.A.302 Aircraft Maintenance Programme (*)


1. The term maintenance programme is intended to include scheduled maintenance tasks the
M.A.302 Aircraft Maintenance programme
associated procedures and standard maintenance practises. The term maintenance schedule is
intended to embrace the scheduled maintenance tasks alone.
2. The aircraft should only be maintained to one approved maintenance programme at a given point in
time. Where an owner or operator wishes to change from one approved programme to other, a transfer
check or inspection may need to be performed in order to implement the change.
(a) Maintenance of each aircraft shall be organised in accordance with an aircraft 3. The maintenance programme details should be reviewed at least annually. As a minimum revisions of
documents affecting the programme basis need to be considered by the owner or operator for inclusion
maintenance programme. in the maintenance programme during the annual review. Applicable mandatory requirements for
compliance with Part-21 should be incorporated into the owner or operators maintenance programme
as soon as possible
4. The aircraft maintenance programme should contain a preface which will define the maintenance
programme contents, the inspection standards to be applied, permitted variations to task frequencies
and where applicable, any procedure to manage the
(b) The aircraft maintenance programme and any subsequent amendments shall be evolution of established check or inspection intervals.
approved by the competent authority. Appendix I to AMC M.A.302 provides detailed information on the contents of an approved aircraft
maintenance programme.
R6 5. Repetitive maintenance tasks derived from modifications and repairs should be incorporated
into the approved maintenance programme.

9
(c) When the continuing airworthiness of the aircraft is managed by a continuing R 4 AMC M.A.302 (a) Aircraft Maintenance Programme
A maintenance programme may indicate that it applies to several aircraft registrations as long as the
airworthiness
maintenance programme clearly identifies the effectivity of the tasks and procedures that are not
management organisation approved in accordance with Section A, Subpart G of applicable to all of the listed registrations.
this Annex (Part M), the aircraft maintenance programme and its amendments
may be approved through an indirect approval procedure.
(i) In that case, the indirect approval procedure shall be established by the
continuing airworthiness management organisation as part of the Continuing
Airworthiness Management Exposition and shall be approved by the competent
authority responsible for that continuing airworthiness management organisation.
M3
(ii) The continuing airworthiness management organisation shall not use the
indirect approval procedure when this organisation is not under the oversight of
the Member State of Registry, unless an agreement exists in accordance with point
M.1, paragraph 4(ii) or 4(iii), as applicable, transferring the responsibility for the
approval of the aircraft maintenance programme to the competent authority
responsible for the continuing airworthiness management organisation.
AMC M.A.302 (d) Aircraft Maintenance Programme compliance
1. An owner or operators maintenance programme should normally be based upon the maintenance review
(d) The aircraft maintenance programme must establish compliance with: board (MRB) report where applicable, the maintenance planning document (MPD), the relevant chapters of the
maintenance manual or any other
maintenance data containing information on scheduling. Furthermore, an owner or operators maintenance
programme should also take into account any maintenance data containing information on scheduling for
components.
(i) instructions issued by the competent authority; R4 2. Instructions issued by the competent authority can encompass all types of instructions from a specific
task for a particular aircraft to complete recommended maintenance schedules for certain aircraft types that can
be used by the owner/operator directly. These instructions may be issued by the competent authority in the
following cases:
(ii) instructions for continuing airworthiness issued by the holders of the type in the absence of specific recommendations of the Type Certificate Holder.
to provide alternate instructions to those described in the subparagraph 1 above, with the objective of
certificate, restricted type-certificate, supplemental type-certificate, major repair providing flexibility to the operator.
design approval, ETSO authorisation or any other relevant approval issued under 3. Where an aircraft type has been subjected to the MRB report process, an operator should normally develop
Regulation (EC) No 1702/2003 and its Annex (Part-21); the initial operators aircraft maintenance programme based upon the MRB report.
4. Where an aircraft is maintained in accordance with an aircraft maintenance programme based upon the MRB
report process, any associated programme for the continuous surveillance of the reliability, or health
(iii) additional or alternative instructions proposed by the owner or the continuing monitoring of the aircraft should be considered as part of the aircraft maintenance programme.
airworthiness management organisation once approved in accordance with point 5. Aircraft maintenance programmes for aircraft types subjected to the MRB report process should contain
M.A.302, except for intervals of safety related tasks referred in paragraph (e), identification cross reference to the MRB report tasks such that it is always possible to relate such tasks to the
which may be escalated, subject to sufficient reviews carried out in accordance with current approved aircraft maintenance programme. This does not prevent the approved aircraft maintenance
programme from being developed in the light of service experience to beyond the MRB report
paragraph (g) and only when subject to direct approval in accordance with point recommendations but will show the relationship to such recommendations
M.A.302(b). 6. Some approved aircraft maintenance programmes, not developed from the MRB process, utilise reliability
programmes. Such reliability programmes should be considered as a part of the approved maintenance
programme.

10
R4 7. Alternate and/or additional instructions to those defined in paragraphs M.A.302(d)(i) and (ii),
proposed by the owner or the operator, may include but are not limited to the following:
Escalation of the interval for certain tasks based on reliability data or other supporting information. Appendix
I recommends that the maintenance programme contains the corresponding escalation procedures. The
escalation of these tasks is directly approved by the competent authority, except in the case of ALIs
(Airworthiness Limitations), which are approved by the Agency.
More restrictive intervals than those proposed by the TC holder as a result of the reliability data or because of
a more stringent operational environment.
Additional tasks at the discretion of the operator.
(e) The aircraft maintenance programme shall contain details, including frequency,
of all maintenance to be carried out, including any specific tasks linked to the
type and the specificity of operations.
AMC M.A.302 (f) Aircraft Maintenance Programme - reliability programmes
1. Reliability programmes should be developed for aircraft maintenance programmes based upon maintenance
(f) For large aircraft, when the maintenance programme is based on maintenance steering group (MSG) logic or those that include condition monitored components or that do not contain
steering overhaul time periods for all significant system components.
group logic or on condition monitoring, the aircraft maintenance programme shall 2. Reliability programmes need not be developed for aircraft not considered as large aircraft or that contain
include a reliability programme. overhaul time periods for all significant aircraft system components.
3. The purpose of a reliability programme is to ensure that the aircraft maintenance programme tasks are
effective and their periodicity is adequate.
4. The reliability programme may result in the escalation or deletion of a maintenance task, as well as the de-
escalation or addition of a maintenance task.
5. A reliability programme provides an appropriate means of monitoring the effectiveness of the maintenance
programme.
6. Appendix I to AMC M.A.302 and M.B.301 (d) gives further guidance.
(g) The aircraft maintenance programme shall be subject to periodic reviews and
amended accordingly when necessary. These reviews will ensure that the
programme continues to be valid in light of the operating experience and
instructions from the
competent authority whilst taking into account new and/or modified maintenance
instructions promulgated by the type certificate and supplementary type certificate
holders and any other organisation that publishes such data in accordance with
Annex (Part-21) to Regulation (EC) No 1702/2003.

B
M.A.303 Airworthiness directives
Any applicable airworthiness directive must be carried out within the requirements
of that airworthiness directive, unless otherwise specified by the Agency.

M.A.304 Data for modifications and repairs AMC M.A.304 Data for modifications and repairs
A person or organisation repairing an aircraft or component should assess the damage against published
Damage shall be assessed and modifications and repairs carried out using data
approved repair data and the action to be taken if the damage is beyond the limits or outside the scope of

11
approved by the Agency or by an approved Part-21 design organisation, as such data. This could involve any one or more of the following options; repair by replacement of
damaged parts, requesting technical support from the type certificate holder or from an organisation
appropriate.
approved in accordance with Part-21 and finally agency approval of the particular repair data.

M.A.305 Aircraft continuing airworthiness record system


M4
(a) At the completion of any maintenance, the certificate of release to service
required by point M.A.801 or point 145.A.50 shall be entered in the aircraft
continuing airworthiness records. Each entry shall be made as soon as practicable
but in no case more than 30 days after the day of the maintenance action.
M3
(b) The aircraft continuing airworthiness records shall consist of:
1. an aircraft logbook, engine logbook(s) or engine module log cards, propeller
logbook(s) and log cards, for any service life limited component as appropriate,
and,
2. when required in point M.A.306 for commercial air transport or by the Member
State for commercial operations other than commercial air transport, the
operators technical log.
B
(c) The aircraft type and registration mark, the date, together with total flight time
and/or flight cycles and/or landings, as appropriate, shall be entered in the aircraft
logbooks.
AMC M.A.305 (d) Aircraft continuing airworthiness
record system
(d) The aircraft continuing airworthiness records shall contain the current: The current status of AD should identify the applicable AD including revision or amendment numbers. Where
an AD is generally applicable to the aircraft or component type but is not applicable to the particular aircraft or
component, then this should be identified.
The AD status includes the date when the AD was accomplished, and where the AD is controlled by flight
hours or flight cycles it should include the aircraft or engine or component total flight hours or cycles, as
1. status of airworthiness directives and measures mandated by the competent appropriate. For repetitive ADs, only the last application should be recorded in the AD status. The status should
authority in immediate reaction to a safety problem; also specify which part of a multi-part directive has been accomplished and the method, where a choice is
available in the AD.
The status of current modification and repairs means a list of embodied modification and repairs together with
the substantiating data supporting compliance with the airworthiness requirements. This can be in the form of a
2. status of modifications and repairs; Supplemental Type Certificate (STC), SB, Structural Repair Manual (SRM) or similar approved document.
The substantiating data may include:
(a) compliance programme; and,
(b) master drawing or drawing list, production drawings, and installation instructions; and,

12
(c) engineering reports (static strength, fatigue, damage tolerance, fault analysis, etc.); and,
(d) ground and flight test programme and results; and,
3. status of compliance with maintenance programme; (e) mass and balance change data; and,
(f) maintenance and repair manual supplements; and,
(g) maintenance programme changes and instructions for continuing airworthiness; and,
(h) aircraft flight manual supplement.
Some gas turbine engines are assembled from modules and a true total time in service for a total engine is not
kept. When owners and operators wish to take advantage of the modular design, then total time in service and
maintenance records for each module is to be maintained. The continuing airworthiness records as specified are
to be kept with the module and should show compliance with any mandatory requirements pertaining to that
module.
4. status of service life limited components; R6
AMC M.A.305 (d) (4) and AMC M.A.305 (h) Aircraft continuing airworthiness record system
The term service life-limited components embraces: (i) components subject to a certified life limit after which
the components should be retired, and (ii) components subject to a service life limit after which the components
should undergo maintenance to restore their serviceability.
The current status of service life-limited aircraft components should indicate:
(i) for components subject to a certified life limit: the component life limitation, total number of hours,
accumulated cycles or calendar time and the number of hours/cycles/time remaining before the required
retirement time of the component is reached;
(ii) for components subject to a service life limit: the component service life limit, the hours, cycles or calendar
time since the component has been restored back to their service life and the remaining service (hours, cycles,
calendar time) life before the components need to undergo maintenance.
Any action that alters the components life limit (certified or service) or changes the parameter of the life limit
(certified or service) should be recorded.
When the determination of the remaining life requires knowledge of the different types of aircraft/engine on
which the component has previously been installed, the status of all service-life limited aircraft components
should additionally include a full installation history indicating the number of hours, cycles or calendar time
relevant to each installation on these different types of aircraft/engine. The indication of the type of
aircraft/engine should be sufficiently detailed with regard to the required determination
of remaining life.
Recommendations from the type certificate holder on the procedures to record the remaining life may be
considered.
5. mass and balance report;

6. list of deferred maintenance.

M4
(e) In addition to the authorised release document, EASA Form 1 or equivalent, the
following information relevant to any component installed (engine, propeller,

13
engine module or service life-limited component) shall be entered in the
appropriate engine or propeller logbook, engine module or service life limited
component log card:
1. identification of the component; and
2. the type, serial number and registration, as appropriate, of the aircraft, engine,
propeller, engine
module or service life-limited component to which the particular component has
been fitted, along with the reference to the installation and removal of the
component; and
3. the date together with the components 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.

B
(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.

M4 B
AMC M.A.305 (h) Aircraft continuing airworthiness record system
(h) An owner or operator shall ensure that a system has been established to keep
When an owner/operator arranges for the relevant maintenance organisation to retain copies of the
the following records for continuing airworthiness records on their behalf, the owner/operator will continue to be responsible for
the periods specified: the retention of records. If they cease to be the owner/ operator of the aircraft, they also remain
1. all detailed maintenance records in respect of the aircraft and any service life- responsible for the transferring the records to any other person who becomes the owner/operator of the
aircraft.
limited component fitted thereto, until such time as the information contained
Keeping continuing airworthiness records in a form acceptable to the competent authority normally
therein is superseded by new information equivalent in scope and detail but not less means in paper form or on a computer database or a combination of both methods. Records stored in
than 36 months after the aircraft or component has been released to service; and microfilm or optical disc form are also acceptable. All records should remain legible throughout the
2. the total time in service (hours, calendar time, cycles and landings) of the required retention period.
Paper systems should use robust material, which can withstand normal handling and filing.
aircraft and all service lifelimited components, at least 12 months after the aircraft Computer systems should have at least one backup system, which should be updated at least within 24
or component has been permanently hours of any maintenance. Each terminal is required to contain programme safeguards against the
withdrawn from service; and ability of unauthorised personnel to alter the database.
3. the time in service (hours, calendar time, cycles and landings) as appropriate, Continuing airworthiness records should be stored in a safe way with regard to R6 damage, alteration
and theft. Computer backup discs, tapes etc., should be stored in a different location from that
since last scheduled containing the current working discs, tapes, etc. and in a safe environment. Reconstruction of lost or
maintenance of the component subjected to a service life limit, at least until the destroyed records can be done by reference to other records which reflect the time in service, research of

14
component scheduled maintenance has been superseded by another scheduled records maintained by repair facilities and reference to records maintained by individual mechanics etc.
When these things have been done and the record is still incomplete, the owner/operator may make a
maintenance of equivalent work scope and detail; and
statement in the new record describing the loss and establishing the time in service based on the research
4. the current status of compliance with maintenance programme such that and the best estimate of time in service. The reconstructed records
compliance with the approved aircraft maintenance programme can be established, should be submitted to the competent authority for acceptance.
at least until the aircraft or component scheduled maintenance has been superseded R6 The competent authority may require the performance of additional maintenance if not satisfied
with the reconstructed records.
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) AMC M.A.305 (h)(6) Aircraft continuing airworthiness record system
For the purpose of this paragraph, a component vital to flight safety means a component that includes
and any other component vital to flight safety, at least 12 months after they have certified life limited parts or is subject to airworthiness limitations or a major component such as, undercarriage
been permanently withdrawn from service. or flight controls.

AMC M.A.306 (a) Operators technical log system


B For commercial air transport the operators aircraft technical log is a system for recording defects and malfunctions during the aircraft
M.A.306 Operators technical log system operation and for recording details of all maintenance carried out on an aircraft between scheduled base maintenance visits. In addition, it
is used for recording flight safety and maintenance information the operating crew need to know.
(a) In the case of commercial air transport, in addition to the requirements of Cabin or galley defects and malfunctions that affect the safe operation of the aircraft or the safety of its occupants are regarded as forming
part of the aircraft log book where recorded by another means.
M.A.305, an operator shall use an aircraft technical log system containing the The operators aircraft technical log system may range from a simple single section document to a complex system containing many
following information for each aircraft: sections but in all cases it should include the information specified for the example used here which happens to use a 5 section document /
computer system:
1. information about each flight, necessary to ensure continued flight safety, and; Section 1 should contain details of the registered name and address of the operator the aircraft type and the complete international
registration marks of the aircraft.
2. the current aircraft certificate of release to service, and; Section 2 should contain details of when the next scheduled maintenance is due, including, if relevant any out of phase component changes
3. the current maintenance statement giving the aircraft maintenance status of due before the next maintenance check. In addition this section should contain the current certificate of release to service (CRS), for the
complete aircraft, issued normally at the end of the last maintenance check.
what scheduled and out of phase maintenance is next due except that the NOTE: The flight crew do not need to receive such details if the next scheduled maintenance is controlled by other means acceptable to the
competent authority.
competent authority may agree to the maintenance statement being kept elsewhere, Section 3 should contain details of all information considered necessary to ensure continued flight safety. Such information includes:
and; i. the aircraft type and registration mark.
ii. the date and place of take-off and landing.
4. all outstanding deferred defects rectifications that affect the operation of the iii. the times at which the aircraft took off and landed.
iv. the running total of flying hours, such that the hours to the next schedule maintenance can be determined. The flight crew does not need
aircraft, and; to receive such details if the next scheduled maintenance is controlled by other means acceptable to the competent authority.
5. any necessary guidance instructions on maintenance support arrangements. v. details of any failure, defect or malfunction to the aircraft affecting airworthiness or safe operation of the aircraft including emergency
systems, and any failure, defect or malfunctions in the cabin or galleys that affect the safe operation of the aircraft or the safety of its
occupants that are known to the commander. Provision should be made for the commander to date and sign such entries, including, where
appropriate, the nil defect state for continuity of the record. Provision should be made for a CRS following rectification of a defect or any
deferred defect or maintenance check carried out. Such a certificate appearing on each page of this section should readily identify the
defect(s) to which it relates or the particular maintenance check as appropriate.
R6 It is acceptable to use an alternate abbreviated certificate of release to service consisting of the statement Part-145 release to service
instead of the full certification statement specified in AMC 145.A.50(b) paragraph 1. When the alternate abbreviated certificate of release
to service is used, the introductory section of the technical log should include an example of the full certification statement from AMC
145.A.50(b) paragraph 1.
vi. the quantity of fuel and oil uplifted and the quantity of fuel available in each tank, or combination of tanks, at the beginning and end of
each flight; provision to show, in the same units of quantity, both the amount of fuel planned to be uplifted and the
amount of fuel actually uplifted; provision for the time when ground de-icing and/ or anti-icing was started and the type of fluid applied,
including mixture ratio fluid/ water.
vii. the pre-flight inspection signature.
In addition to the above it may be necessary to record the following supplementary information: The time spent in particular engine power
ranges where use of such engine power affects the life of the engine or engine module. These are two examples thereof:
- the number of landings where landings affect the life of an aircraft or aircraft component.

15
- flight cycles or flight pressure cycles where such cycles affect the life of an aircraft or aircraft component.
NOTE 1: Where Section 3 is of the multi-sector part removable type then such part removable sections should contain all of the
foregoing information where appropriate.
NOTE 2: Section 3 should be designed such that one copy of each page may remain on the aircraft and one other copy may be retained on
the ground until completion of the flight to which it relates.
NOTE 3: Section 3 lay-out should be divided to show clearly what is required to be completed after flight and what is required to be
completed in preparation for the next flight.
Section 4 should contain details of all deferred defects that affect or may affect the safe operation of the aircraft and should therefore be
known to the aircraft commander.
Each page of this section should be pre-printed with the operators name and page serial number and make provision for recording the
following:
i. a cross reference for each deferred defect such that the original defect can be identified in the particular section 3 sector record page.
ii. the original date of occurrence of the defect deferred.
iii. brief details of the defect.
iv. details of the eventual rectification carried out and its CRS or a clear cross-reference back to the document that contains details of the
eventual rectification.
Section 5 should contain any necessary maintenance support information that the aircraft commander needs to know. Such information
would include data on how to contact maintenance engineering if problems arise whilst operating the routes etc.
(b) The aircraft technical log system and any subsequent amendment shall be AMC M.A.306 (b) Operators technical log system
The aircraft technical log system can be either a paper or computer system or any combination of both methods
approved by the competent authority. acceptable to the competent authority.
In case of a computer system, it should contain programme safeguards against the ability of unauthorised
personnel to alter the database.
(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 AMC M.A.307 (a) Transfer of aircraft continuing
airworthiness records
Where an owner/operator terminates his operation, all retained continuing airworthiness records should
(a) The owner or operator shall ensure when an aircraft is permanently transferred be passed on to the new owner/operator or stored.
from one owner or operator to another that the M.A.305 continuing airworthiness A permanent transfer does not generally include the dry lease-out of an aircraft when the duration of
records and, if applicable, M.A.306 operators technical log are also transferred. the lease agreement is less than 6 months. However the competent authority should be satisfied that all
continuing airworthiness records necessary for the
duration of the lease agreement are transferred to the lessee or made accessible to them.

(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.

16
SUBPART D
MAINTENANCE STANDARDS

M.A.401 Maintenance data AMC M.A.401 (b) Maintenance data


1. Except as specified in sub-paragraph 2, each person or organisation performing aircraft maintenance
(a) The person or organisation maintaining an aircraft shall have access to and use
should have access to and use:
only applicable current maintenance data in the performance of maintenance (a) all maintenance related Parts and associated AMCs, together with the maintenance related guidance
including modifications and repairs. material,
(b) all applicable maintenance requirements and notices such as competent authority standards and
specifications that have not been superseded by a requirement, procedure or directive,
(c) all applicable airworthiness directives,
(d) the appropriate sections of the aircraft maintenance programme, aircraft maintenance manual,
repair manual, supplementary structural inspection document, corrosion control document, service
bulletins, service sheets modification leaflets, non destructive inspection manual, parts catalogue, type
certificate data sheets as required for the work undertaken and any other specific document issued by
the type certificate or supplementary type certificate
holders maintenance data, except that in the case of operator or customer provided maintenance data it
is not necessary to hold such provided data when the work order is completed.
2. In addition to sub-paragraph 1, for components each organisation performing aircraft maintenance
should hold and use the appropriate sections of the vendor maintenance and repair manual, service
bulletins and service letters plus any document issued by the type certificate holder as maintenance data
on whose product the component may be fitted when applicable, except that in the case of operator or
customer provided maintenance data it is not necessary to hold such provided data when the work order
is completed.
(b) For the purposes of this Part, applicable maintenance data is:
M4
1. any applicable requirement, procedure, standard or information issued by the
competent authority or the Agency,
B
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 AMC M.A.401 (c) Maintenance data
1. Data being made available to personnel maintaining aircraft means that the data should be available in close
applicable maintenance data is current and readily available for use when required. proximity to the aircraft or component being maintained, for mechanics and certifying staff to perform
The person or organisation shall establish a work card or worksheet system to be maintenance.

17
used and shall either transcribe accurately the maintenance data onto such work 2. Where computer systems are used, the number of computer terminals should be sufficient in relation to the
size of the work programme to enable easy access, unless the computer system can produce paper copies.
cards or worksheets or make precise reference to the particular maintenance task Where microfilm or microfiche readers/ printers are used, a similar requirement is applicable.
or tasks contained in such maintenance data. 3. Maintenance tasks should be transcribed onto the work cards or worksheets and subdivided into clear stages
to ensure a record of the accomplishment of the maintenance task. Of particular importance is the need to
differentiate and specify, when relevant, disassembly, accomplishment of task, reassembly and testing. In the
case of a lengthy maintenance task involving a succession of personnel to complete such task, it may be
necessary to use supplementary work cards or worksheets to indicate what was actually accomplished by each
individual person. A worksheet or work card system should refer to particular maintenance tasks.
R4 4. The workcard/worksheet system may take the form of, but is not limited to, the following:
a format where the mechanic writes the defect and the maintenance action taken together with information of
the maintenance data used, including its revision status,
an aircraft log book that contains the reports of defects and the actions taken by authorised personnel together
with information of the maintenance data used, including its revision status,
for maintenance checks, the checklist issued by the manufacturer (i.e., 100H checklist, Revision 5, Items 1
through 95)
5. Maintenance data should be kept up to date by:
- subscribing to the applicable amendment scheme,
- checking that all amendments are being received,
- monitoring the amendment status of all data.

M.A.402 Performance of maintenance AMC M.A.402 (a) Performance of maintenance


1. When working outside the scope of an approved maintenance organisation personnel not authorised
(a) All maintenance shall be performed by qualified personnel, following the
to issue a CRS should work under the supervision of certifying personnel. They may only perform
methods, techniques, standards and instructions specified in the M.A.401 maintenance that their supervisor is authorised to
maintenance data. release, if the supervisor personally observes the work being carried out to the extent necessary to ensure
Furthermore, an independent inspection shall be carried out after any flight safety that it is being done properly and if the supervisor is readily available, in person, for consultation. In this
case licensed engineers should ensure that each person maintaining an aircraft or component has had
sensitive maintenance task unless otherwise specified by Part-145 or agreed by the
appropriate training or relevant previous experience and is capable of performing the task required,
competent authority. and that personnel who carry out specialised tasks such as welding are qualified in accordance with an
officially recognised standard.
R4 2. In the case of limited Pilot-Owner maintenance as specified in M.A.803, any person maintaining
an aircraft which they own or jointly own, provided they hold a valid pilot licence with the appropriate
type or class rating, may perform the limited Pilotowner maintenance tasks in accordance with
Appendix VIII of Annex I (Part-M) of Regulation (EC) No 2042/2003.
3. The general maintenance and inspection standards applied to individual maintenance tasks should
meet the recommended standards and practises of the organisation responsible for the type design which
are normally published in the maintenance manuals.
In the absence of maintenance and inspection standards published by organisation responsible for the
type design maintenance personnel should refer to the relevant aircraft airworthiness standards and
procedures published or used as guidance by the Agency or the competent authority. The maintenance
standards used should contain methods, techniques and practises acceptable to the Agency or competent
authority for the maintenance of aircraft and its components.
4. Independent inspections.
4.1 The manufacturs instructions for continued airworthiness should be followed when determining the
need for an independent inspection.

18
4.2 In the absence of maintenance and inspection standards published by organisation responsible for
the type design, maintenance tasks that involve the
assembly or any disturbance of a control system that, if errors occurred, could result in a failure,
malfunction, or defect endangering the safe operation of the aircraft should be considered as flight safety
sensitive maintenance tasks needing an independent inspection. A control system is an aircraft system by
which the flight path, attitude, or propulsive force of the aircraft is changed, including the flight, engine
and propeller controls, the related system controls and the associated operating mechanisms.
4.3 Independent inspections should be carried out by at least two persons, to ensure correct assembly,
locking and sense of operation. A technical record of the inspections should contain the signatures of
both persons before the relevant CRS is issued.
4.3.1 An independent inspection is an inspection first made by an authorised person signing the
maintenance release who assumes full responsibility for the satisfactory completion of the work, before
being subsequently inspected by a second independent competent person who attests to the satisfactory
completion of the work recorded and that no deficiencies have been found.
4.3.2 The second independent competent person is not issuing a maintenance release therefore is not
required to hold certification privileges. However they should be suitably qualified to carry out the
inspection.
4.4 When work is being done under the control of an approved maintenance organisation the
organisation should have procedures to demonstrate that the signatories have been trained and have
gained experience on the specific control systems being inspected.
4.5. When work is being undertaken by an independent M.A.801 (b) 2 certifying staff, the qualifications
and experience of the second independent competent person should be directly assessed by the person
certifying for the maintenance, taking into account the individuals training and experience. It should
not be acceptable for the certifying staff signing the release to show the person performing the
independent inspection how to perform the inspection at the time the work is completed.
4.6 In summary the following maintenance tasks should primarily be considered when inspecting
aircraft control systems that have been disturbed:
installation, rigging and adjustment of flight controls.
installation of aircraft engines, propellers and rotors.
overhaul, calibration or rigging of components such as engines, propellers, transmissions and
gearboxes.
Consideration should also be given to:
previous experience of maintenance errors, depending on the consequences of the failure.
information arising from an occurrence reporting system
4.7 When checking control systems that have undergone maintenance the person signing the
maintenance release and the person performing the independent check should consider the following
points independently:
all those parts of the system that have actually been disconnected or disturbed should be inspected for
correct assembly and locking.
the system as a whole should be inspected for full and free movement over the complete range.
cables should be tensioned correctly with adequate clearance at secondary stops.
the operation of the control system as a whole should be observed to ensure that the controls are
operating in the correct sense.
if the control system is duplicated to provide redundancy, each system should be checked separately.
if different control systems are interconnected so that they affect each other, all the interactions should
be checked through the full range of the applicable
controls.

19
(b) All maintenance shall be performed using the tools, equipment and material AMC M.A.402 (b) Performance of maintenance
When performing maintenance, personnel are required to use the tools, equipment and test apparatus
specified in the M.A.401 maintenance data unless otherwise specified by Part-145.
necessary to ensure completion of work in accordance with accepted maintenance and inspection
Where necessary, tools and equipment shall be controlled and calibrated to an standards. Inspection, service or calibration on a regular basis should be in accordance with the
officially equipment manufacturers instructions. All tools requiring calibration should be traceable to an
recognised standard. acceptable standard.
R1 In this context officially recognised standard means those standards established or published by an
official body whether having legal personality or not, which are widely recognised by the air transport
(c) The area in which maintenance is carried out shall be well organised and clean sector as constituting good practice.
in respect of dirt and contamination. If the organisation responsible for the type design involved recommends special equipment or test
apparatus, personnel should use the recommended equipment or apparatus or equivalent equipment
accepted by the competent authority.
All work should be performed using materials of such quality and in a manner, that the condition of the
aircraft or its components after maintenance will be at least equal to its original or modified condition
(with regard to aerodynamic function, structural strength,
resistance to vibration, deterioration and any other qualities affecting airworthiness).
(d) All maintenance shall be performed within any environmental limitations AMC M.A.402 (d) Performance of maintenance
The working environment should be appropriate for the maintenance task being performed such that the
specified in the M.A.401 maintenance data. effectiveness of personnel is not impaired.
(a) Temperature should be maintained such that personnel can perform the required tasks without undue
discomfort.
(b) Airborne contamination (e.g. dust, precipitation, paint particles, filings) should be kept to a minimum to
ensure aircraft/components surfaces are not contaminated, if this is not possible all susceptible systems should
be sealed until acceptable conditions
are re-established.
(c) Lighting should be adequate to ensure each inspection and maintenance task can be performed effectively.
(d) Noise levels should not be allowed to rise to the level of distraction for inspection staff or if this is not
possible inspection staff should be provided with personnel equipment to reduce excessive noise.
(e) In case of inclement weather or lengthy maintenance, proper facilities shall be AMC M.A.402 (e) Performance of maintenance
Facilities should be provided appropriate for all planned maintenance. This may require aircraft hangars that
used. are both available and large enough for the planned maintenance.
Aircraft component workshops should be large enough to accommodate the components that are planned to be
(f) After completion of all maintenance a general verification must be carried out maintained.
to ensure the aircraft or component is clear of all tools, equipment and any other Protection from inclement weather means the hangar or component workshop structures should be to a
standard that prevents the ingress of rain, hail, ice, snow, wind and dust etc.
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.
AMC M.A.403 (b) Aircraft defects
(b) Only the authorised certifying staff,M3 according to points M.A.801(b)1, An assessment of both the cause and any potentially hazardous effect of any defect or combination of defects

20
M.A.801(b)2, that could affect flight safety should be made in order to initiate any necessary further investigation and
analysis necessary to identify the root cause of
M.A.801(c), M.A.801(d) or Annex II (Part-145) can decide, using M.A.401 the defect.
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.
AMC M.A.403 (d) Aircraft defects
All deferred defects should be made known to the pilot/flight crew, whenever possible, prior to their arrival at
(d) Any defect not rectified before flight shall be recorded in the M.A.305 aircraft the aircraft.
maintenance record system or M.A.306 operators technical log system as Deferred defects should be transferred on to worksheets at the next appropriate maintenance check, and any
applicable. deferred defect which is not rectified during the maintenance check, should be re-entered on to a new deferred
defect record sheet. The original date
of the defect should be retained.
The necessary components or parts needed for the rectification of defects should be made available or ordered
on a priority basis, and fitted at the earliest opportunity.

SUBPART E
COMPONENTS

M.A.501 Installation AMC M.A.501 (a) Installation


1. To ensure a component is in a satisfactory condition, the person referred to under M.A.801 or the
(a) No component may be fitted unless it is in a satisfactory condition, has been
approved maintenance organisation should perform checks and verifications.
appropriately released to service on an EASA Form 1 or equivalent and is marked 2. Performance of above checks and verifications should take place before the component is installed on
in accordance with Part 21 Subpart Q,M3 unless otherwise specified in Annex the aircraft.
(Part-21) to Regulation (EC) No 1702/2003, Annex II (Part-145) or Subpart F, 3. The following list, though not exhaustive, contains typical checks to be performed:
(a) verify the general condition of components and their packaging in relation to damages that could
Section A of Annex I to this Regulation.
affect the integrity of the components;
(b) verify that the shelf life of the component has not expired;
(c) verify that items are received in the appropriate package in respect of the type of component: e.g.
correct ATA 300 or electrostatic sensitive devices packaging, when necessary;
(d) verify that component has all plugs and caps appropriately installed to prevent damage or internal
contamination. Tape should not be used to cover electrical connections or fluid fittings/openings because
adhesive residues can insulate electrical connections and contaminate hydraulic or fuel units.
4. The purpose of the EASA Form 1 (see also Part-M Appendix II) is to release components after

21
manufacture and to release maintenance work carried out on such components under the approval of a
competent authority and to allow components removed from one aircraft/component to be fitted to
another aircraft/ component.
5. For the purpose of Part-M, a document equivalent to an EASA Form 1 may be:
(a) a release document issued by an organisation under the terms of a bilateral agreement signed by the
European Community;
(b) a release document issued by an organisation approved under the terms of a JAA maintenance
bilateral agreement until superseded by the corresponding agreement signed by the European
Community;
R4 (c) a JAA Form One issued prior to 28 November 2004 by a JAR 145 organisation approved by a
JAA Full Member State;
(d) in the case of new aircraft components that were released from manufacturing prior to the Part-21
compliance date, the component should be accompanied by a JAA Form One issued by a JAR 21
organisation approved by a JAA Full Member Authority and within the JAA mutual recognition
system;
(e) a JAA Form One issued prior to 28 September 2005 by a production organisation approved by a
competent authority in accordance with its national regulations;
(f) a JAA Form One issued prior to 28 September 2008 by a maintenance organisation approved by a
competent authority in accordance with its national regulations;
(g) a release document acceptable to a competent authority according to the provisions of a bilateral
agreement between the competent authority and a
third country until superseded by the corresponding agreement signed by the European Community.
This provision is valid provided the above agreements
between the competent authority and a third country are notified to the Commission and to the other
competent authorities in accordance with Article 9 of Regulation (EC) No 1592/2002.
R4 (h) a release document issued under the conditions described in Article 4, point 4 of Regulation
(EC) No 2042/2003;
(i) paragraphs (f) and (g) do not apply to the Part-145 maintenance environment.
6. Any item in storage without an EASA Form 1 or equivalent cannot be installed on aircraft registered
in a Member State unless an EASA Form 1 is issued for such item by an appropriately approved
maintenance organisation in accordance with AMC M.A.613 (a)
(b) Prior to installation of a component on an aircraft the person or approved AMC M.A.501 (b) Installation
1. The EASA Form 1 identifies the airworthiness and eligibility status of an aircraft component. Block 12
maintenance organisation shall ensure that the particular component is eligible to Remarks on the EASA Form 1 in some cases contains vital airworthiness related information (see also Part-
be fitted when different modification and/or airworthiness directive configurations M Appendix II) which may need appropriate and necessary actions.
may be applicable. 2. The fitment of a replacement components/ material should only take place when the person referred to in
M.A.801 or the M.A. Subpart F or Part 145 maintenance organisation is satisfied that such
components/material meet required standards in respect of manufacture or maintenance, as appropriate.
R5 3. The person referred to under M.A.801 or the M.A. Subpart F or Part 145 approved maintenance
organisation should be satisfied that the component in question meets the approved data/standard, such as the
required design and modification standards. This may be accomplished by reference to the (S)TC holder or
manufacturers parts catalogue or other approved data (i.e. Service Bulletin). Care should also be taken in
ensuring compliance with applicable ADs and the status of any service life limited parts fitted to the aircraft
component.
(c) Standard parts shall only be fitted to an aircraft or a component when the AMC M.A.501 (c) Installation
1. Standard parts are:
maintenance data specifies the particular standard part. Standard parts shall only (a) parts manufactured in complete compliance with an established industry, Agency, competent authority or

22
be fitted when accompanied by evidence of conformity traceable to the applicable other Government specification which includes design, manufacturing, test and acceptance criteria, and
uniform identification requirements. The specification should include all information necessary to produce and
standard. verify conformity of the part. It should be published so that any party may manufacture the part. Examples of
specifications are National Aerospace Standards (NAS), Army-Navy Aeronautical Standard (AN), Society of
Automotive Engineers (SAE), SAE Sematec, Joint Electron Device Engineering Council, Joint Electron Tube
Engineering Council, and American National Standards Institute (ANSI), EN Specifications etc
R2 (b) For sailplanes and powered sailplanes, non-required instruments and/or equipment certified under
the provision of CS 22.1301(b), if those instruments or equipment, when installed, functioning, functioning
improperly or not functioning at all, do not in itself, or by its effect upon the sailplane and its operation,
constitute a safety hazard.
Required in the term non-required as used above means required by the applicable airworthiness code (CS
22.1303, 22.1305 and 22.1307) or required by the relevant operating regulations and the applicable Rules of the
Air or as required by Air Traffic Management (e.g. a transponder in certain controlled airspace). Examples of
equipment which can be considered standard parts are electrical variometers, bank/slip indicators ball type,
total energy probes, capacity bottles (for variometers), final glide calculators, navigation computers, data
logger / barograph / turnpoint camera, bug-wipers and anti-collision systems.
Equipment which must be approved in accordance to the airworthiness code shall comply with the applicable
ETSO or equivalent and is not considered a standard part (e.g. oxygen equipment).
2. To designate a part as a standard part the TC holder may issue a standard parts manual accepted by the
competent authority of original TC holder or may make reference in the parts catalogue to a national/
international specification (such as a standard diode/ capacitor etc) not being an aviation only specification for
the particular part.
3. Documentation accompanying standard parts should clearly relate to the particular parts and contain a
conformity statement plus both the manufacturing and supplier source. Some material is subject to special
conditions such as storage condition or life limitation etc. and this should be included on the documentation
and / or material packaging.
4. An EASA Form 1 or equivalent is not normally issued and therefore none should be expected.
(d) Material being either raw material or consumable material shall only be used on AMC M.A.501 (d) Installation
1. Consumable material is any material which is only used once, such as lubricants, cements, compounds,
an aircraft or a component when the aircraft or component manufacturer states so paints, chemicals dyes and sealants etc.
in relevant maintenance data or as specified in Part-145. Such material shall only 2. Raw material is any material that requires further work to make it into a component part of the aircraft such
be used when the material meets the required specification and has appropriate as metals, plastics, wood, fabric etc.
traceability. 3. Material both raw and consumable should only be accepted when satisfied that it is to the required
specification. To be satisfied, the material and or its packaging should be marked with the specification and
All material must be accompanied by documentation clearly relating to the where appropriate the batch number.
particular material and containing a conformity to specification statement plus 4. Documentation accompanying all material should clearly relate to the particular material and contain a
both the manufacturing and supplier source. conformity statement plus both the manufacturing and supplier source. Some material is subject to special
conditions such as storage condition or life limitation etc. and this should be included on the documentation
and / or material packaging.
5. EASA form 1 or equivalent should not be issued for such material and therefore none should be expected.
The material specification is normally identified in the (S)TC holders data except in the case where the
Agency or the competent authority has agreed otherwise.
6. Items purchased in batches (fasteners etc.) should be supplied in a package. The packaging should state
applicable specification/ standard, P/N, batch number and the quantity of the items. The documentation
accompanying the material should contain applicable specification/ standard, P/N, batch number, the supplied
quantity, and the manufacturing sources. If the material is acquired from different batches, acceptance
documentation for each batch should be supplied.

23
M3 R4
AMC M.A.502 Component maintenance
M.A.502 Component maintenance
Component removal from and installation on an aircraft is considered to be aircraft maintenance and
(a) The maintenance of components shall be performed by maintenance not component maintenance. As a consequence, M.A.502 requirements do not apply to this case.
organizations appropriately approved in accordance with Section A, Subpart F of
this Annex (Part M) or with Annex II (Part-145).

(b) By derogation from paragraph (a), maintenance of a component in accordance


with aircraft maintenance data or, if agreed by the competent authority, in
accordance with component maintenance data, may be performed by an A rated
organisation approved in accordance with Section A, Subpart F of this Annex (Part
M) or with Annex II (Part-145) as well as by certifying staff referred to in point
M.A.801(b)2 only
whilst such components are fitted to the aircraft. Nevertheless, such organisation or AMC M.A.502 (b) and (c) Component maintenance
certifying staff may temporarily remove this component for maintenance, in order M.A.502(b) and (c) allow the performance of certain component maintenance, in accordance with component
maintenance data, to maintenance organisations not holding the corresponding B/C rating and to independent
to improve access to the component, except when such removal generates the need certifying staff, subject to the agreement of:
for additional maintenance not eligible for the provisions of this paragraph. The authority responsible for the oversight of the maintenance organisation (refer to M.1, paragraph 2 for
Component maintenance performed in accordance with this paragraph is not M.A. Subpart F maintenance organisations, or to 145.1 for Part-145 maintenance organisations), or,
eligible for the The authority of the Member State of registry in the case of maintenance performed by independent
certifying staff.
issuance of an EASA Form 1 and shall be subject to the aircraft release This should only be permitted by the competent authority in the case of simple component maintenance, where
requirements provided for in point M.A.801. the competent authority is satisfied that the certifying staff are appropriately qualified and the proper tooling
(c) By derogation from paragraph (a), maintenance of an engine/Auxiliary Power and facilities are available. It is important to note that for more complex component maintenance, special
Unit (APU) component in accordance with engine/APU maintenance data or, if qualifications may be
required and it is not enough with holding a Part-66 aircraft maintenance licence.
agreed by the competent authority, in accordance with component maintenance
data, may be performed by a B rated organisation approved in accordance with
Section A, Subpart F of this Annex (Part M) or with Annex II (Part-145) only
whilst such components are
fitted to the engine/APU. Nevertheless, such B rated organisation may temporarily
remove this component for maintenance, in order to improve access to the
component, except when such removal generates the need for additional
maintenance not eligible for the provisions of this paragraph.

(d) By derogation from paragraph (a) and point M.A.801(b)2, maintenance of a


component while installed or temporarily removed from an ELA1 aircraft not used
in commercial air transport and performed in accordance with component
maintenance data, may be performed by certifying staff referred to in point
M.A.801(b)2, except for:

24
1. overhaul of components other than engines and propellers, and;
2. overhaul of engines and propellers for aircraft other than CS-VLA, CS-22 and
LSA.
Component maintenance performed in accordance with paragraph (d) is not
eligible for the issuance of an EASA Form 1 and shall be subject to the aircraft
release requirements provided for in point M.A.801.

M4
M.A.503 Service life limited components
(a) Installed service life limited components shall not exceed the approved service
life limit as specified in the approved maintenance programme and airworthiness
directives, except as provided for in point M.A.504(c).
(b) The approved service life is expressed in calendar time, flight hours, landings or
cycles, as appropriate.
(c) At the end the approved service life, the component must be removed from the
aircraft for maintenance, or for disposal in the case of components with a certified
life limit.

B
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; AMC M.A.504 (a) Control of unserviceable components
A component continues to be unserviceable until a decision is taken pursuant to AMC M.A.605 (c) 6
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.
M3 AMC M.A.504 (b) Control of unserviceable components
R4 1. M.A.801(b)(2) and M.A.801(c) certifying staff or the Section A Subpart F / Part 145 approved
(b) Unserviceable components shall be identified and stored in a secure location maintenance organisation performing maintenance should ensure proper identification of any unserviceable
under the control of an approved maintenance organisation until a decision is made components.
on the future status of such component. Nevertheless, for aircraft not used in 2. The unserviceable status of the component should be clearly declared on a tag together with the component
commercial air transport other than large aircraft, the person or organisation that identification data and any information useful to define actions necessary to be taken. Such information should
state, as applicable, in service times, maintenance status, preservation status, failures, defects or malfunctions
declared the component unserviceable may transfer its custody, after identifying it reported or detected exposure to adverse environmental conditions, if the
as unserviceable, to the aircraft owner provided that such transfer is reflected in component has been involved in or affected by an accident/incident. Means should be provided to prevent
the aircraft logbook or engine logbook or component logbook. unwanted separation of this tag from the component.

25
R4 3. M.A.801(b)(2) and M.A.801(c) certifying staff performing aircraft maintenance should send, with the
agreement of the aircraft owner/lessee, any unserviceable component to a maintenance organisation approved
under Section A Subpart F or Part-145 for controlled storage, or transfer the custody of the component to the
owner itself under the conditions specified in M.A.504(b).
A secure location under the control of an approved maintenance organisation means a secure location for
which security is the responsibility of the approved
maintenance organisation. This may include facilities established by the approved maintenance organisation at
locations different from the main maintenance facilities. These locations should be identified in the relevant
procedures of the approved maintenance organisation.
B AMC M.A.504 (c) Control of unserviceable components unsalvageable components
1. The following types of components should typically be classified as unsalvageable:
(c) Components which have reached their certified life limit or contain a non- (a) components with non-repairable defects, whether visible or not to the naked eye;
repairable defect shall be classified as unsalvageable and shall not be permitted to (b) components that do not meet design specifications, and cannot be brought into conformity with such
re-enter the component supply system, unless certified life limits have been specifications;
extended or a repair (c) components subjected to unacceptable modification or rework that is irreversible;
(d) certified life-limited parts that have reached or exceeded their certified life limits, or have missing or
solution has been approved according to M.A.304. incomplete records;
(e) components that cannot be returned to airworthy condition due to exposure to extreme forces, heat or
adverse environment;
(f) components for which conformity with an applicable airworthiness directive cannot be accomplished;
(g) components for which continuing airworthiness records and/or traceability to the manufacturer can not be
retrieved.
2. It is common practice for possessors of aircraft components to dispose of unsalvageable components by
selling, discarding, or transferring such items. In some instances, these items have reappeared for sale and in
the active parts inventories of the aviation
community. Misrepresentation of the status of components and the practice of making such items appear
serviceable has resulted in the use of unsalvageable nonconforming components. Therefore organisations
disposing of unsalvageable aircraft components should consider the possibility of such components later being
misrepresented and sold as serviceable components. Caution should be exercised to ensure that unsalvageable
components are disposed of in a manner that does not allow them to be returned to service.
(d) Any person or organisation accountable under Part-M shall, in the case of a AMC M.A.504 (d)(2) Control of unserviceable components
1. Mutilation should be accomplished in such a manner that the components become permanently unusable for
paragraph (c) unsalvageable components: their original intended use. Mutilated components should not be able to be reworked or camouflaged to provide
1. retain such component in the paragraph (b) location, or; the appearance of being
2. arrange for the component to be mutilated in a manner that ensures that it is serviceable, such as by re-plating, shortening and re-threading long bolts, welding, straightening, machining,
beyond economic salvage or repair before relinquishing responsibility for such cleaning, polishing, or repainting.
2. Mutilation may be accomplished by one or a combination of the following procedures:
component. (a) grinding,
(b) burning,
(c) removal of a major lug or other integral feature,
(d) permanent distortion of parts,
(e) cutting a hole with cutting torch or saw,
(f) melting,
(g) sawing into many small pieces,
(h) any other method accepted by the competent authority or the Agency on a case by case basis.
3. The following procedures are examples of mutilation that are often less successful because they may not be
consistently effective:

26
(a) stamping or vibro-etching,
(b) spraying with paint,
(c) small distortions, incisions or hammer marks,
(d) identification by tag or markings,
(e) drilling small holes,
(f) sawing in two pieces only.
4. Since manufacturers producing approved aircraft components should maintain records of serial numbers for
retired certified life-limited or other critical components, the organisation that mutilates a component should
provide the original manufacturer with the data plate and/or serial number and final disposition of the
component.
(e) Notwithstanding paragraph (d) a person or organisation accountable under AMC M.A.504 (e) Control of unserviceable components
A maintenance organisation may choose, in agreement with the components owner, to release an
Part-M may transfer responsibility of components classified as unsalvageable to an unsalvageable component for legitimate non-flight uses, such as for training and education, research and
organisation for training or research without mutilation. development. In such instances, mutilation may not
be appropriate. The following methods should be used to prevent the component reentering the aviation supply
system:
(a) permanently marking or stamping the component, as NOT SERVICEABLE. (Ink stamping is not an
acceptable method);
(b) removing original part number identification;
(c) removing data plate identification;
(d) maintaining a tracking or accountability system, by serial number or other individualised data, to record
transferred unsalvageable aircraft component;
(e) including written procedures concerning disposal of such components in any agreement or contract
transferring such components.
NOTE: Unsalvageable components should not be released to any person or organisation that is known to return
unsalvageable components back into the aviation supply system, due to the potential safety threat.

SUBPART F
MAINTENANCE ORGANISATION

M3
M.A.601 Scope
AMC M.A.601 Scope
This Subpart establishes the requirements to be met by an organisation to qualify An approved maintenance organisation may be approved to maintain aircraft/aircraft components not
for the issue or continuation of an approval for the maintenance of aircraft and type certificated by the Agency.
components not listed in point M.A.201(g).

M4 AMC M.A.602 Application


An application should be made on an EASA Form 2 (Appendix IX to AMC M.A.602 and AMC M.A.702)
M.A.602 Application
or equivalent acceptable to the competent authority.
An application for issue or change of a maintenance organisation approval shall be R4 The EASA Form 2 is valid for the application for both M.A. Subpart F, Part 145 and M.A.
made on a form and in a manner established by the competent authority. Subpart G organisations. Organisations applying for several approvals may do so by using a single
EASA Form 2.

27
M.A.603 Extent of approval AMC M.A.603 (a) Extent of Approval
The following table identifies the ATA specification 2200 chapter for the category C component rating.
(a) An organisation involved in activities subject to this Subpart shall not exercise
its activities unless approved by the competent authority. Appendix V to Annex I
(Part-M) provides the template certificate for this approval.
CLASS RATING ATA CHAPTERS
COMPONENTS OTHER C1 Air Cond & Press 21
C2 Auto Flight 22
THAN COMPLETE C3 Comms and Nav 23 34
ENGINES OR APUs C4 Doors - Hatches 52
C5 Electrical Power 24 33
C6 Equipment 25 38 - 45
C7 Engine APU 49 - 71 - 72 - 73 - 74 - 75 - 76 - 77 - 78 - 79 -80 - 81 - 82 83
C8 Flight Controls 27 - 55 - 57.40 - 57.50 -57.60 - 57.70
C9 Fuel - Airframe 28
C10 Helicopters Rotors 62 64 - 66 - 67
C11 Helicopter Trans 63 65
C12 Hydraulic 29
C13 Instruments 31
C14 Landing Gear 32
C15 Oxygen 35
C16 Propellers 61
C17 Pneumatic 36 37
C18 Protection ice/rain/fire 26 30
C19 Windows 56
C20 Structural 53 54 - 57.10 - 57.20 - 57.30
(b) The maintenance organisation's manual referred to in point M.A.604 shall
specify the scope of work deemed to constitute approval. Appendix IV to Annex I
(Part-M) defines all classes and ratings possible under Subpart F.
(c) An approved maintenance organisation may fabricate, in conformity with AMC M.A.603 (c) Extent of approval
1. The agreement by the competent authority for the fabrication of parts by the approved maintenance
maintenance data, a restricted range of parts for the use in the course of organisation should be formalised through the approval of a detailed procedure in the maintenance organisation
undergoing work within its own facilities, as identified in the maintenance manual. This AMC contains principles and conditions to be taken into account for the preparation of an
organisation manual. acceptable procedure.
2. Fabrication, inspection, assembly and test should be clearly within the technical and procedural capability of
the approved maintenance organisation.
3. The approved data necessary to fabricate the part are those approved either by the Agency, the TC holder,
Part-21 design organisation approval holder, or STC holder.
4. Items fabricated by an approved maintenance organisation may only be used by that organisation in the
course of overhaul, maintenance, modifications, or repair of aircraft or components undergoing work within its
own facility. The permission to fabricate does not constitute approval for manufacture, or to supply externally
and the parts do not qualify for certification on EASA Form 1. This also applies to the bulk transfer or surplus
inventory, in that locally fabricated parts are physically segregated and excluded from any delivery
certification.
5. Fabrication of parts, modification kits etc for onward supply and/or sale may not be conducted under a M.A.
Subpart F approval.
6. The data specified in paragraph 3 may include repair procedures involving the fabrication of parts. Where
the data on such parts is sufficient to facilitate fabrication, the parts may be fabricated by an approved
maintenance organisation. Care should be taken to ensure that the data include details of part numbering,
dimensions, materials, processes, and any special manufacturing techniques, special raw material specification
or/and incoming inspection requirement and that the approved organisation has the necessary capability. That

28
capability should be defined by way of maintenance organisation manual content. Where special processes or
inspection procedures are defined in the approved data which are not available at the approved maintenance
organisation, that organisation can not fabricate the part unless the TC/ STC-holder gives an approved
alternative.
7. Examples of fabrication under the scope of an M.A. Subpart F approval can include but are not limited to the
following:
(a) fabrication of bushes, sleeves and shims,
(b) fabrication of secondary structural elements and skin panels,
(c) fabrication of control cables,
(d) fabrication of flexible and rigid pipes,
(e) fabrication of electrical cable looms and assemblies,
(f) formed or machined sheet metal panels for repairs.
Note: It is not acceptable to fabricate any item to pattern unless an engineering drawing of the item is produced
which includes any necessary fabrication processes and which is accepted to the competent authority.
8. Where a TC-holder or an approved production organisation is prepared to make available complete data
which is not referred to in aircraft manuals or service bulletins but provides manufacturing drawings for items
specified in parts lists, the fabrication of these items is not considered to be within the scope of an M.A.
Subpart F approval unless agreed otherwise by the competent authority in accordance with a
procedure specified in the maintenance organisation manual.
9. Inspection and Identification.
Any locally fabricated part should be subject to an inspection stage before, separately, and preferably
independently from, any inspection of its installation. The inspection should establish full compliance with the
relevant manufacturing data, and the part should be unambiguously identified as fit for use by stating
conformity to the approved data. Adequate records should be maintained of all such fabrication
processes including heat treatment and the final inspections. All parts, excepting those with inadequate space,
should carry a part number which clearly relates it to the manufacturing/inspection data. Additional to the part
number the approved
maintenance organisations identity should be marked on the part for traceability purposes.

B
M.A.604 Maintenance organisation manual
(a) The maintenance organisation shall provide a manual containing at least the
following information: AMC M.A.604 Maintenance organisation manual
1. a statement signed by the accountable manager to confirm that the organisation 1. Appendix IV to this AMC provides an outline of the format of an acceptable maintenance
organisation manual for a small organisation with less than 10 maintenance staff.
will continuously work in accordance with Part-M and the manual at all times, and;
2. The maintenance organisation exposition as specified in Part-145 provides an outline of the format of
2. the organisations scope of work, and; an acceptable maintenance organisation manual for larger organisations with more than 10 maintenance
3. the title(s) and name(s) of person(s) referred to in M.A.606(b), and; staff, dependent upon the complexity of the
4. an organisation chart showing associated chains of responsibility between the organisation.
person(s) referred to in M.A.606(b), and;
M3
5. a list of certifying staff with their scope of approval, and;
6. a list of locations where maintenance is carried out, together with a general
description of the facilities,
29
B
7. procedures specifying how the maintenance organisation ensures compliance
with this Part, and;
8. the maintenance organisation manual amendment procedure(s).

(b) The maintenance organisation manual and its amendments shall be approved
by the competent authority.
(c) Notwithstanding paragraph (b) minor amendments to the manual may be
approved through a procedure (hereinafter called indirect approval).

M.A.605 Facilities AMC M.A.605 (a) Facilities


1. Where a hangar is not owned by the M.A. Subpart F organisation, it may be necessary to establish
The organisation shall ensure that:
proof of tenancy. In addition, sufficiency of hangar space to carry out planned maintenance should be
(a) Facilities are provided for all planned work, specialised workshops and bays are demonstrated by the preparation of a projected
segregated as appropriate, to ensure protection from contamination and the aircraft hangar visit plan relative to the aircraft maintenance programme. The aircraft hangar visit plan
environment. should be updated on a regular basis.
R4 For balloons and airships a hangar may not be required where maintenance of the envelope and
bottom end equipment can more appropriately be performed outside, providing all necessary
maintenance can be accomplished in accordance with
M.A.402. For complex repairs or component maintenance requiring an EASA Form 1, suitable
approved workshops should be provided. The facilities and environmental conditions required for
inspection and maintenance should be defined in the
Maintenance Organisation Manual
2. Protection from the weather elements relates to the normal prevailing local weather elements that are
expected throughout any twelve-month period. Aircraft hangar and aircraft component workshop
structures should be to a standard that prevents the ingress of rain, hail, ice, snow, wind and dust etc.
Aircraft hangar and aircraft component workshop floors should be sealed to minimise dust generation.
3. Aircraft maintenance staff should be provided with an area where they may study maintenance
instructions and complete continuing airworthiness records in a proper manner.
(b) Office accommodation is provided for the management of all planned work AMC M.A.605 (b) Facilities
It is acceptable to combine any or all of the office accommodation requirements into one office subject to the
including in particular, the completion of maintenance records. staff having sufficient room to carry out assigned tasks.

(c) Secure storage facilities are provided for components, equipment, tools and AMC M.A.605 (c) Facilities
1. Storage facilities for serviceable aircraft components should be clean, well-ventilated and maintained at an
material. Storage conditions shall ensure segregation of unserviceable components even dry temperature to minimise the effects of condensation.
and material from all other components, material, equipment and tools. Storage Manufacturers storage recommendations should be followed for those aircraft components identified in such
conditions shall be in accordance with the manufacturers instructions and access published recommendations.
shall be restricted to authorised personnel. 2. Adequate storage racks should be provided and strong enough to hold aircraft components and provide
sufficient support for large aircraft components such that the component is not damaged during storage.
3. All aircraft components, wherever practicable, should remain packaged in their protective material to
minimise damage and corrosion during storage. A shelf life control system should be utilised and identity tags
used to identify components.
4. Segregation means storing unserviceable components in a separate secured location from serviceable

30
components.
5. Segregation and management of any unserviceable component should be ensured according to the pertinent
procedure approved to that organisation.
6. Procedures should be defined by the organisation describing the decision process for the status of
unserviceable components. This procedure should identify at least the following:
- role and responsibilities of the persons managing the decision process;
- description of the decision process to chose between maintaining, storing or mutilating a component;
- traceability of decision
7. Once unserviceable components or materials have been identified as unsalvageable in accordance with
M.A.504 (c), the organisation should establish secure areas in which to segregate such items and to prevent
unauthorised access. Unsalvageable components should be managed through a procedure to ensure that these
components receive the appropriate final disposal according to M.A.504 (d) or (e). The person responsible for
the implementation of this procedure should be identified.

M.A.606 Personnel requirements AMC M.A.606 (a) Personnel requirements


With regard to the accountable manager, it is normally intended to mean the chief executive officer of
(a) The organisation shall appoint an accountable manager, who has corporate
the maintenance organisation approved under M.A. Subpart F, who by virtue of position has overall
authority for ensuring that all maintenance required by the customer can be (including in particular financial) responsibility for running the organisation. The accountable manager
financed and carried out to the standard required by this Part. may be the accountable manager for more than one organisation and is not required to be necessarily
knowledgeable on technical matters. When the accountable manager is not the chief executive officer,
the competent authority will need to be assured that such an accountable manager has direct access to
chief executive officer and has a sufficiency of maintenance funding allocation.
(b) A person or group of persons shall be nominated with the responsibility of AMC M.A.606 (b) Personnel requirements
1. Dependent upon the size of the organisation, the functions may be subdivided under individual managers or
ensuring that the organisation is always in compliance with this Subpart. Such combined in any number of ways.
person(s) shall be ultimately responsible to the accountable manager. 2. The maintenance organisation should have, dependent upon the extent of approval, an aircraft maintenance
manager, a workshop manager all of whom should report to the accountable manager. In small maintenance
organisations any manager may also be the accountable manager, and may also be the aircraft maintenance
manager or the workshop manager.
3. The aircraft maintenance manager is responsible for ensuring that all maintenance required to be carried out,
plus any defect rectification carried out during aircraft maintenance, is carried out to the design and quality
standards specified in this Part.
The aircraft maintenance manager is also responsible for any corrective action resulting from the M.A.616
organisational review.
4. The workshop manager is responsible for ensuring that all work on aircraft components is carried out to the
standards specified in this Part and also responsible for any corrective action resulting from the M.A.616
organisational review.
5. Notwithstanding the example sub-paragraphs 2 - 4 titles, the organisation may adopt any title for the
foregoing managerial positions but should identify to the competent authority the titles and persons chosen to
carry out these functions.

AMC M.A.606 (c) Personnel requirements


(c) All paragraph (b) persons shall be able to show relevant knowledge, background 1. All nominated persons should, in the normal way, be expected to satisfy the competent authority that they
and appropriate experience related to aircraft and/or component maintenance. possess the appropriate experience and qualifications which are listed in paragraphs 2.1 to 2.5 below.
2. All nominated persons should have:
2.1. practical experience and expertise in the application of aviation safety standards and safe maintenance

31
practices;
2.2. comprehensive knowledge of:
(a) Part-M and any associated requirements and procedures;
(b) the maintenance organisation manual;
2.3. five years aviation experience of which at least three years should be practical maintenance experience;
R4 2.4. knowledge of the relevant type(s) of aircraft or components maintained. This knowledge may be
demonstrated by documented evidence or by an assessment performed by the competent authority. This
assessment should be recorded.
Training courses should be as a minimum at a level equivalent to Part-66 Appendix III Level 1 General
Familiarisation, and could be imparted by a Part-
147 organisation, by the manufacturer, or by any other organisation accepted by the competent authority.
2.5. knowledge of maintenance standards.
AMC M.A.606 (d) Personnel requirements
1. All staff are subjected to compliance with the organisations procedures specified in the maintenance
(d) The organisation shall have appropriate staff for the normal expected organisation manual relevant to their duties.
contracted work. The use of temporarily sub-contracted staff is permitted in the 2. To have sufficient staff means that the approved maintenance organisation employs or contracts staff
case of higher than normally expected contracted work and only for personnel not directly, even on a volunteer basis, for the anticipated maintenance workload.
issuing a certificate 3. Temporarily sub-contracted means the person is employed by another organisation and contracted by that
organisation to the approved maintenance organisation.
of release to service.

AMC M.A.606 (e) Personnel requirements


1. Personnel involved in maintenance should be assessed for competence by on the job evaluation and/or by
(e) The qualification of all personnel involved in maintenance shall be demonstrated examination relevant to their particular job role within the organisation before unsupervised work is permitted.
and recorded. 2. Adequate initial and recurrent training should be provided and recorded to ensure continued competence.

(f) Personnel who carry out specialised tasks such as welding, non-destructive AMC M.A.606 (f) Personnel requirements
1. Continued airworthiness non-destructive testing means such testing specified by the type certificate holder of
testing/ inspection other than colour contrast shall be qualified in accordance with the aircraft, engine or propeller in the M.A.304 (b) maintenance data for in service aircraft/aircraft components
an officially recognised standard. for the purpose of determining the continued fitness of the product to operate safely.
2. Appropriately qualified means to level 1, 2 or 3 as defined by European Standard EN 4179 dependant upon
the non-destructive testing function to be carried out.
3. Notwithstanding the fact that level 3 personnel may be qualified via EN 4179 to establish and authorise
methods, techniques, etc., this does not permit such personnel to deviate from methods and techniques
published by the type certificate holder/manufacturer
in the form of continued airworthiness data, such as in non-destructive test manuals or service bulletins, unless
the manual or service bulletin expressly permits
such deviation.
4. Notwithstanding the general references in EN 4179 to a national aerospace NDI board, all examinations
should be conducted by personnel or organisations under the general control of such a board. In the absence of
a national aerospace NDI board, examinations should be conducted by personnel or organisations under the
general control of the NDI board of a Member State designated by the competent
authority.
5. Particular non-destructive test means any one or more of the following: dye penetrant, magnetic particle,
eddy current, ultrasonic and radiographic methods including X ray and gamma ray.
6. In addition it should be noted that new methods are and will be developed, such as, but not limited to
thermography and shearography, which are not specifically addressed by EN 4179. Until such time as an

32
agreed standard is established such methods should be carried out in accordance with the particular equipment
manufacturers recommendations including any training and examination process to ensure competence of the
personnel with the process.
7. Any approved maintenance organisation that carries out continued airworthiness non-destructive testing
should establish qualification procedures for non-destructive testing.
8. Boroscoping and other techniques such as delamination coin tapping are nondestructive
inspections rather than non-destructive testing. Notwithstanding such differentiation, approved maintenance
organisation should establish a procedure
to ensure that personnel who carry out and interpret such inspections are properly trained and assessed for their
competence with the process. Non-destructive inspections, not being considered as non-destructive testing by
M.A. Subpart F are not listed in Appendix IV to Part-M under class rating D1.
9. The referenced standards, methods, training and procedures should be specified in the maintenance
organisation manual.
10. Any such personnel who intend to carry out and/or control a non-destructive test for which they were not
qualified prior to the effective date of Part-M should qualify for such non-destructive test in accordance with
EN 4179.
R1 11. In this context officially recognised standard means those standards established or published by an
official body whether having legal personality or not, which are widely recognised by the air transport sector as
constituting good practice.
(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.
M3
(h) By derogation from paragraph (g), the organisation may use certifying staff
qualified in accordance with the following provisions when providing maintenance
support to operators involved in commercial operations, subject to appropriate
procedures to be approved as part of the organisations manual:
1. For a repetitive pre-flight airworthiness directive which specifically states that
the flight crew may carry out such airworthiness directive, the organisation
may issue a limited certifying staff authorisation to the aircraft commander on the
basis of the flight crew licence held, provided that the organisation ensures
that sufficient practical training has been carried out to ensure that such person
can accomplish the airworthiness directive to the required standard;
2. In the case of aircraft operating away from a supported location the organisation R4AMC M.A.606 (h)(2) Personnel requirements
1. For the issue of a limited certification authorisation the commander should hold either a valid air transport
may issue a limited certifying staff authorisation to the aircraft commander on the pilot license (ATPL), or commercial pilots license (CPL), or a national equivalent acceptable to the competent
basis of the flight crew licence, provided that the organisation ensures that authority on the aircraft type. In addition, the limited certification authorisation is subject to the maintenance
sufficient practical training has been carried out to ensure that organisation manual containing procedures to address the following:
such person can accomplish the task to the required standard. a. Completion of adequate maintenance airworthiness regulation training.
b. Completion of adequate task training for the specific task on the aircraft. The task training should be of
sufficient duration to ensure that the individual has a thorough understanding of the task to be completed and
should involve training in the use of associated maintenance data.
c. Completion of the procedural training.

33
The above procedures should be specified in the maintenance organisation manual and be accepted by the
competent authority.
2. Typical tasks that may be certified and/or carried out by the commander holding an ATPL or CPL are minor
maintenance or simple checks included in the following list:
a. Replacement of internal lights, filaments and flash tubes.
b. Closing of cowlings and refitment of quick access inspection panels.
c. Role changes, e.g., stretcher fit, dual controls, FLIR, doors, photographic equipment etc.
d. Any check/replacement involving simple techniques consistent with this AMC and as agreed by the
competent authority.
3. The authorisation should have a finite life of twelve months subject to satisfactory recurrent training on the
applicable aircraft type.

M.A.607 Certifying staff AMC M.A.607 Certifying staff


1. Adequate understanding of the relevant aircraft and/or aircraft component(s) to be maintained
(a) In addition to M.A.606(g), certifying staff can only exercise their privileges, if
together with the associated organisation procedures means that the person has received training and
the organisation has ensured: has relevant maintenance experience on the product type and associated organisation procedures such
1. that certifying staff can demonstrate that they meet the requirements of point that the person understands how the product functions, what are the more common defects with
66.A.20(b) of Annex III (Part 66), except when Annex III (Part 66) refers to associated consequences.
2. All prospective certifying staff are required to be assessed for competence, qualification and capability
Member State regulation, in which case they shall meet the requirement of such related to intended certifying duties. Competence and capability can be assessed by having the person
regulation, and; work under the supervision of another certifying person for sufficient time to arrive at a conclusion.
2. that certifying staff have an adequate understanding of the relevant aircraft Sufficient time could be as little as a few weeks if the person is fully exposed to relevant work. The
and/or aircraft component(s) to be maintained together with the associated person need
not be assessed against the complete spectrum of intended duties. When the person has been recruited
organisation procedures. from another approved maintenance organisation and was a certifying person in that organisation then
(b) In the following unforeseen cases, where an aircraft is grounded at a location it is reasonable to accept a written confirmation from the previous organisation.
other than the main base where no appropriate certifying staff is available, the 3. The organisation should hold copies of all documents that attest to qualification, and to recent
maintenance organisation contracted to provide maintenance support may issue a experience.
one-off certification authorisation:
1. to one of its employees holding type qualifications on aircraft of similar
technology, construction and systems; or
2. to any person with not less than three years maintenance experience and holding
a valid ICAO aircraft maintenance licence rated for the aircraft type requiring
certification provided there is no organisation appropriately approved under this
Part at that location and the contracted organisation obtains and holds on file
evidence of the experience and the licence of that person.

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 AMC M.A.607 (c) Certifying staff
1. The following minimum information as applicable should be kept on record in respect of each certifying
34
certifying staff and maintain a current list of all certifying staff together with their person:
(a) name;
scope of approval as part of the organisations manual pursuant to point (b) date of birth;
M.A.604(a)5. (c) basic training;
(d) type training;
(e) recurrent training;
(f) specialised training;
(g) experience;
(h) qualifications relevant to the approval;
R4 (i) scope of the authorisation and personal authorisation reference;
(j) date of first issue of the authorisation;
(k) if appropriate - expiry date of the authorisation.
2. Persons authorised to access the system should be maintained at a minimum to ensure that records cannot be
altered in an unauthorised manner or that such confidential records become accessible to unauthorised persons.
3. The competent authority should be granted access to the records upon request.

B AMC M.A.608 (a) Components, equipment and tools


1. Once the applicant for M.A. Subpart F approval has determined the intended scope of approval for
M.A.608 Components, equipment and tools
consideration by the competent authority, it will be necessary to show that all tools and equipment as
(a) The organisation shall: specified in the maintenance data can be made available when needed.
M3 2. All such tools should be clearly identified and listed in a control register including any personal tools
1. hold the equipment and tools specified in the maintenance data described in and equipment that the organisation agrees can be used.
3. For tools required on an occasional basis, the organisation should ensure that they are controlled in
point M.A.609 or verified equivalents as listed in the maintenance organisation
terms of servicing or calibration as required.
manual as necessary for day-to-day maintenance within the scope of the approval;
and, B
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 AMC M.A.608 (b) Components, equipment and tools
1. The control of these tools and equipment requires that the organisation has a procedure to inspect/service
recognised standard. Records of such calibrations and the standard used shall be and, where appropriate, calibrate such items on a regular basis and indicate to users that the item is within any
kept by the organisation. inspection or service or calibration time-limit. A clear system of labelling all tooling, equipment and test
(c) The organisation shall inspect, classify and appropriately segregate all incoming equipment is therefore necessary giving information on when the next inspection or service or calibration is
components. due and if the item is unserviceable for any other reason where it may not be obvious. A register should be
maintained for all the organisations precision tooling and equipment together with a record of calibrations and
standards used.
2. Inspection, service or calibration on a regular basis should be in accordance with the equipment
manufacturers instructions except where the M.A. Subpart F organisation can show by results that a different
time period is appropriate in a particular case.
R1 3. In this context officially recognised standard means those standards established or published by an
official body whether having legal personality or not, which are widely recognised by the air transport sector as
constituting good practice.

35
M.A.609 Maintenance data AMC M.A.609 Maintenance Data
When an organisation uses customer provided maintenance data, the scope of approval indicated in the
The approved maintenance organisation shall hold and use applicable current
maintenance organisation manual should be limited to the individual aircraft covered by the contracts
maintenance data specified in M.A.401 in the performance of maintenance signed with those customers unless the organisation also holds its own complete set of maintenance data
including for that type of aircraft.
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.

M3 R4 AMC M.A.610 Maintenance work orders


A written work order may take the form of, but not limited to, the following:
M.A.610 Maintenance work orders
- A formal document or form specifying the work to be carried out. This form may be provided by the
Before the commencement of maintenance a written work order shall be agreed continuing airworthiness management organisation managing the aircraft, or by the maintenance
between the organisation and the organisation requesting maintenance to clearly organisation undertaking the work, or by the owner/
establish the maintenance to be carried out. operator himself.
- An entry in the aircraft log book specifying the defect that needs to be corrected.

B
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 AMC M.A.613 (a) Component certificate of release to service
1. An aircraft component which has been maintained off the aircraft requires the issuance of a certificate
M3
of release to service for such maintenance and another CRS to service in regard to being installed
(a) At the completion of all required component maintenance in accordance with properly on the aircraft when such action occurs.
this Subpart a component certificate of release to service shall be issued in R6 When an organisation maintains a component for use by the same organisation, an EASA Form 1
accordance with point M.A.802. EASA Form 1 shall be issued except for those may not be necessary depending upon the organisations internal release procedures defined in the
maintenance organisation exposition.
components maintained in accordance with points M.A.502(b) and M.A.502(d) and
2. In the case of components in storage prior to Part-145, Part-M and Part-21 and not released on an
components fabricated in accordance with point M.A.603(b). EASA Form 1 or equivalent in accordance with M.A.501(a) or removed serviceable from active aircraft
which have been withdrawn from service, this paragraph
provides additional guidance regarding the conditions under which an EASA Form 1 may be issued .
2.1 An EASA Form 1 may be issued for an aircraft component which has been:
R6 Maintained before Part-145, or Part-M became effective or manufactured before Part-21 became
effective.
Used on an aircraft and removed in a serviceable condition. Examples include leased and loaned
aircraft components.

36
Removed from aircraft which have been withdrawn from service, or from aircraft which have been
involved in abnormal occurrences such as accidents,
incidents, heavy landings or lightning strikes.
Components maintained by an unapproved organisation.
2.2. An appropriately rated M.A. Subpart F maintenance organisation may issue an EASA Form 1 as
detailed in this AMC sub-paragraph 2.5 to 2.9, as appropriate, in accordance with procedures detailed in
the manual as approved by the competent authority. The appropriately rated M.A. Subpart F
maintenance organisation is responsible for ensuring that all reasonable measures have been taken to
ensure that only approved and serviceable aircraft components are issued an EASA Form 1 under this
paragraph.
2.3. For the purposes of this paragraph 2 only, appropriately rated means an organisation with an
approval class rating for the type of component or for the product in which it may be installed.
2.4. An EASA Form 1 issued in accordance with this paragraph 2 should be issued by signing in block
14b and stating Inspected in block 11. In addition, block 12 should specify:
2.4.1. when the last maintenance was carried out and by whom;
2.4.2. if the component is unused, when the component was manufactured and by whom with a cross
reference to any original documentation which should be included with the Form;
2.4.3. a list of all airworthiness directives, repairs and modifications known to have been incorporated. If
no airworthiness directives or repairs or modifications
are known to be incorporated then this should be so stated
2.4.4. detail of life used for service life limited parts being any combination of fatigue, overhaul or
storage life;
2.4.5. for any aircraft component having its own maintenance history record, reference to the particular
maintenance history record as long as the record contains the details that would otherwise be required
in block 12. The maintenance history record and acceptance test report or statement, if applicable,
should be attached to the EASA Form 1.
2.5. New / unused aircraft components
2.5.1 Any unused aircraft component in storage without an EASA Form 1 up to the effective date(s) for
Part-21 that was manufactured by an organisation
acceptable to the competent authority at the time may be issued an EASA Form 1 by an appropriately
rated maintenance organisation approved under M.A. Subpart F. The EASA Form 1 should be issued in
accordance with the following subparagraphs which should be included in a procedure within the
maintenance organisation manual.
Note 1: It should be understood that the release of a stored but unused aircraft component in accordance
with this paragraph represents a maintenance release under M.A. Subpart F and not a production
release
under Part-21. It is not intended to bypass the production release procedure agreed by the Member
State for parts and subassemblies intended for fitment on the manufacturers own production line.
(a) An acceptance test report or statement should be available for all used and unused aircraft
components that are subject to acceptance testing after manufacturing or maintenance as appropriate.
(b) The aircraft component should be inspected for compliance with the manufacturers instructions and
limitations for storage and condition including any requirement for limited storage life, inhibitors,
controlled climate and special storage containers. In addition or in the absence of specific storage
instructions the aircraft component should be inspected for damage, corrosion and leakage to ensure
good condition.
(c) The storage life used of any storage life limited parts should be established.
2.5.2. If it is not possible to establish satisfactory compliance with all applicable conditions specified in

37
subparagraph 2.5.1 (a) to (c) inclusive the aircraft component should be disassembled by an
appropriately rated organisation and subjected to a check for incorporated airworthiness directives,
repairs and modifications and inspected/tested in accordance with the maintenance data to establish
satisfactory condition and, if relevant, all seals, lubricants and life limited parts
replaced. Upon satisfactory completion after reassembly an EASA Form 1 may be issued stating what
was carried out and the reference to the maintenance data included.
2.6. Used aircraft components removed from a serviceable aircraft.
2.6.1. Serviceable aircraft components removed from a Member State registered aircraft may be issued
an EASA Form 1 by an appropriately rated organisation subject to compliance with this subparagraph.
(a). The organisation should ensure that the component was removed
from the aircraft by an appropriately qualified person.
(b). The aircraft component may only be deemed serviceable if the last flight operation with the
component fitted revealed no faults on that component/related system.
(c). The aircraft component should be inspected for satisfactory condition including in particular
damage, corrosion or leakage and compliance with any additional maintenance data.
(d). The aircraft record should be researched for any unusual events that could affect the serviceability
of the aircraft component such as involvement in accidents, incidents, heavy landings or lightning
strikes. Under no circumstances may an EASA Form 1 be issued in accordance with this paragraph 2.6
if it is suspected that the aircraft component has been subjected to extremes of stress, temperatures or
immersion which could effect its operation.
(e). A maintenance history record should be available for all used serialised aircraft components.
(f). Compliance with known modifications and repairs should be established.
(g). The flight hours/cycles/landings as applicable of any service life limited parts including time since
overhaul should be established.
(h). Compliance with known applicable airworthiness directives should be established.
(i). Subject to satisfactory compliance with this subparagraph 2.6.1 an EASA Form 1 may be issued and
should contain the information as specified in paragraph 2.4 including the aircraft from which the
aircraft component was removed.
2.6.2. Serviceable aircraft components removed from a non Member State registered aircraft may only
be issued an EASA Form 1 if the components are leased or loaned from the maintenance organisation
approved
under M.A. Subpart F who retains control of the airworthiness status of the components. An EASA
Form 1 may be issued and should contain the information as specified in paragraph 2.4 including the
aircraft from which the aircraft component was removed.
2.7. Used aircraft components removed from an aircraft withdrawn from service. Serviceable aircraft
components removed from a Member State registered aircraft withdrawn from service may be issued an
EASA Form 1 by a maintenance organisation approved under M.A. Subpart F subject to compliance
with this sub paragraph.
(a). Aircraft withdrawn from service are sometimes dismantled for spares. This is considered to be a
maintenance activity and should be accomplished
under the control of an organisation approved under M.A. Subpart F, employing procedures approved
by the competent authority.
(b). To be eligible for installation components removed from such aircraft may be issued with an EASA
Form 1 by an appropriately rated organisation following a satisfactory assessment.
(c). As a minimum the assessment will need to satisfy the standards set out in paragraphs 2.5 and 2.6 as
appropriate. This should where known, include the possible need for the alignment of scheduled
maintenance that may be necessary to comply with the maintenance programme applicable to the

38
aircraft on which the component is to be installed.
(d). Irrespective of whether the aircraft holds a certificate of airworthiness or not, the organisation
responsible for certifying any removed component
should satisfy itself that the manner in which the components were removed and stored are compatible
with the standards required by M.A. Subpart F.
(e). A structured plan should be formulated to control the aircraft disassembly process. The disassembly
is to be carried out by an appropriately rated organisation under the supervision of certifying staff, who
will ensure that the aircraft components are removed and documented in a structured manner in
accordance with the appropriate maintenance data and disassembly
plan.
(f). All recorded aircraft defects should be reviewed and the possible effects these may have on both
normal and standby functions of removed components
are to be considered.
(g). Dedicated control documentation is to be used as detailed by the disassembly plan, to facilitate the
recording of all maintenance actions and component removals performed during the disassembly
process.
Components found to be unserviceable are to be identified as such and quarantined pending a decision
on the actions to be taken. Records of the maintenance accomplished to establish serviceability are to
form part of the component maintenance history.
(h). Suitable M.A. Subpart F facilities for the removal and storage of removed components are to be
used which include suitable environmental conditions,
lighting, access equipment, aircraft tooling and storage facilities for the work to be undertaken. While it
may be acceptable for components to be removed, given local environmental conditions, without the
benefit
of an enclosed facility subsequent disassembly (if required) and storage of the components should be in
accordance with the manufacturers recommendations.
R4 2.8. Used aircraft components maintained by organisations not approved in accordance with M.A.
Subpart F or Part 145.
For used components maintained by a maintenance organisation not approved under M.A. Subpart F or
Part 145, due care should be taken before acceptance
of such components. In such cases an appropriately rated maintenance organisation approved under
M.A.Subpart F should establish satisfactory conditions by:
(a) dismantling the component for sufficient inspection in accordance with the appropriate maintenance
data,
(b) replacing of all service life limit components when no satisfactory evidence of life used is available
and/or the components are in an unsatisfactory condition,
(c) reassembling and testing as necessary the component,
(d) completing all certification requirements as specified in M.A.613
R4 In the case of used components maintained by an FAA Part-145 repair station (USA) or by TCCA
CAR573 approved maintenance organisations (Canada) that
does not hold an EASA Part-145 or M.A. Subpart F approval, the conditions (a) through (d) described
above may be replaced by the following conditions:
(a) availability of an 8130-3 (FAA) or TCCA 24-0078 (TCCA) or an Authorized Release Certificate
Form One (TCCA).
(b) verification of compliance with all applicable airworthiness directives, and
(c) verification that the component does not contain repairs or modifications that have not been
approved in accordance with Part-21.

39
(d) inspection for satisfactory condition including in particular damage, corrosion or leakage.
(e) issuance of a Form 1 in compliance with paragraphs 2.2, 2.3 and 2.4.
These alleviated requirements are based on the fact that credit can be taken for their technical
capabilities and their competent authority oversight, as attested
by the following documents:
BASA/MIP-G Maintenance Implementation Procedures Guidance (USA)
AAM-G Administrative Arrangement on Maintenance Guidance (Canada)
2.9. Used aircraft components removed from an aircraft involved in an accident or incident.
Such components should only be issued with an EASA Form 1 when processed in accordance with
paragraph 2.7 and a specific work order including all
additional necessary tests and inspections made necessary by the accident or incident. Such a work order
may require input from the TC holder or original
manufacturer as appropriate. This work order should be referenced in block 12.
3. A certificate should not be issued for any component when it is known that the component
is unserviceable except in the case of an component undergoing a series of maintenance processes at
several approved maintenance organisations and the component needs a certificate for the previous
maintenance process carried out for the next approved maintenance organisation to accept the
component for subsequent maintenance processes. In such case a clear statement of limitation should be
endorsed in block 12.
4. The certificate is to be used for export/import purposes, as well as for domestic purposes, and serves
as an official certificate for components from the manufacturer/ maintenance organisation to users. It
should only be issued by organisations approved by a competent authority or the Agency as applicable
within the scope of the approval.
B
(b) The component certificate release to service document, EASA Form 1 may be
generated from a computer database.

M.A.614 Maintenance records AMC M.A.614 (a) Maintenance records


1. Properly executed and retained records provide owners, operators and maintenance personnel with
(a) The approved maintenance organisation shall record all details of work carried
information essential in controlling unscheduled and scheduled maintenance, and trouble shooting to
out. eliminate the need for re-inspection and rework to establish airworthiness.
Records necessary to prove all requirements have been met for issuance of the The prime objective is to have secure and easily retrievable records with comprehensive and legible
certificate of release to service including the sub-contractors release documents contents. The aircraft record should contain basic details of all serialised aircraft components and all
other significant aircraft components installed, to ensure traceability to such installed aircraft
shall be retained.
component documentation and associated M.A.304 maintenance data.
2. The maintenance record can be either a paper or computer system or any combination of both. The
records should remain legible throughout the required retention period.
3. Paper systems should use robust material which can withstand normal handling and filing.
4. Computer systems may be used to control maintenance and/or record details of maintenance work
carried out. Computer systems used for maintenance should have at least one backup system which
should be updated at least within 24 hours of any maintenance. Each terminal is required to contain
programme safeguards against the ability of unauthorised personnel to alter the database.
(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

40
approved repair/modification data used for repairs/modifications carried out.
M4
AMC M.A.614 (c) Maintenance records
(c) The approved maintenance organisation shall retain a copy of all maintenance Associated maintenance data is specific information such as repair and modification data. This does not
records and any associated maintenance data for three years from the date the necessarily require the retention of all aircraft maintenance manual, component maintenance manual, parts
aircraft or aircraft component to which the work relates was released from the catalogues etc issued by the TC holder or STC
approved maintenance organisation. holder. Maintenance records should refer to the revision status of the data used.
1. The records under this paragraph shall be stored in a manner that ensures
protection from damage, alteration and theft.
2. All computer hardware used to ensure backup shall be stored in a different
location from that containing
the working data in an environment that ensures they remain in good condition.
3. Where an approved maintenance organisation terminates its operation, all
retained maintenance records covering the last three years shall be distributed to
the last owner or customer of the respective aircraft or component or shall be
stored as specified by the competent authority.

M3
M.A.615 Privileges of the organisation
R4 AMC M.A.615 (b) Privileges of the organisation
The maintenance organisation approved in accordance with Section A, Subpart F M.A.615(b) refers to work carried out by another organisation which is not appropriately approved
of this Annex (Part M), may: under M.A. Subpart F or Part-145 to carry out such tasks.
(a) maintain any aircraft and/or component for which it is approved at the locations The intent is to permit the acceptance of specialised maintenance services, such as, but not limited to,
non-destructive testing, surface treatment, heat-treatment, welding, fabrication of specified parts for
specified in the approval certificate and the maintenance organisation manual;
minor repairs and modifications, etc., without the need of Subpart F approval for those tasks.
The requirement that the organisation performing the specialised services must be appropriately
(b) arrange for the performance of specialized services under the control of the qualified means that it should meet an officially recognised standard or, otherwise, it should be
maintenance organisation at another organisation appropriately qualified, subject acceptable to the competent authority (through the approval of the Maintenance Organisation Manual).
Under the control of the Subpart F organisation means that the Subpart F organisation should
to
investigate the capability of the subcontracted organisation (including qualifications, facilities,
appropriate procedures being established as part of the Maintenance Organisation equipment and materials) and ensure that such organisation:
Manual approved by the competent authority directly; Receives appropriate maintenance instructions and maintenance data for the task to be performed.
Properly records the maintenance performed in the Subpart F airworthiness records.
Notifies the Subpart F organisation for any deviation or non-conformity, which has arisen during such
(c) maintain any aircraft and/or component for which it is approved at any location maintenance.
subject to the need of such maintenance arising either from the unserviceability of The certificate of release to service may be issued either at the subcontractors or at the organisation
the aircraft or from the necessity of supporting occasional maintenance, subject to facility by authorised certifying staff, and always under the M.A. Subpart F organisation reference. Such
the staff would normally come from the M.A. Subpart F
organisation but may otherwise be a person from the subcontractor who meets the M.A.
conditions specified in the Maintenance Organisation Manual; Subpart F organisation certifying staff standard which itself is approved by the competent authority via
(d) issue certificates of release to service on completion of maintenance, in the Maintenance Organisation Manual.
accordance with point M.A.612 or point M.A.613. Subcontracted specialised services organisations should be listed in the Maintenance Organisation
Manual of the Subpart F organisation together with their qualifications, and the associated control

41
procedures.

B AMC M.A.616 Organisational review (*)


1. The primary objectives of the organisational review are to enable the approved maintenance
M.A.616 Organisational review
organisation to ensure that it can deliver a safe product and that approved maintenance organisation
To ensure that the approved maintenance organisation continues to meet the remains in compliance with the requirements.
requirements of this Subpart, it shall organise, on a regular basis, organisational 2. The approved maintenance organisation should identify:
reviews. 2.1. The person responsible for the organisational review, and;
2.2. The frequency of the reviews, and;
2.3. The scope and content of the reviews, and;
2.4. The persons accomplishing the reviews, and;
2.5. The procedure for planning, performing and processing review findings.
2.6. The procedure for ensuring corrective actions are carried out in the appropriate time frame.
3. The organisation quality system as specified in Part-145 provides an acceptable basic structure for the
organisational review system for organisations with more than 10 maintenance staff, dependent upon the
complexity of the organisation.
4. Appendix VIII should be used to manage the organisational reviews.

M.A.617 Changes to the approved maintenance organisation AMC M.A.617 Changes to the approved maintenance organisation
The competent authority should be given adequate notification of any proposed changes in order to
In order to enable the competent authority to determine continued compliance with
enable the maintenance organisation to remain approved if agreed by the competent authority during
this Part, the approved maintenance organisation shall notify it of any proposal to negotiations about any of the specified changes. Without this paragraph the approval would
carry out any of the following changes, before such changes take place: automatically be suspended in all cases.
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;
42
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.

B
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.

M4 R4 AMC M.A.702 Application


An application should be made on an EASA Form 2 (Appendix IX to AMC M.A.602 and AMC M.A.702)
M.A.702 Application
or equivalent acceptable to the competent authority.
An application for issue or change of a continuing airworthiness management The EASA Form 2 is valid for the application for both M.A. Subpart F, Part 145 and M.A. Subpart G
organisation approval shall be made on a form and in a manner established by the organisations. Organisations applying for several approvals may do so using a single EASA Form 2.
competent authority.

43
B
M.A.703 Extent of approval
M3
(a) The approval is indicated on a certificate included in Appendix VI issued by the
competent authority.

B
(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.
M3
(c) The scope of work deemed to constitute the approval shall be specified in the
continuing airworthiness management exposition in accordance with point
M.A.704.

B AMC M.A.704 Continuing airworthiness management exposition (*)


1. The purpose of the continuing airworthiness management exposition is to set forth the procedures,
M.A.704 Continuing airworthiness management exposition
means and methods of the M.A. Subpart G organisation. Compliance with its contents will assure
(a) The continuing airworthiness management organisation shall provide a compliance with Part-M requirements.
continuing airworthiness management exposition containing the following 2. A continuing airworthiness management exposition should comprise:
information: Part 0 General organisation
Part 1 Continuing airworthiness procedures
1. a statement signed by the accountable manager to confirm that the organisation
Part 2 Quality system or organisational review (as applicable)
will work in accordance with this Part and the exposition at all times, and; Part 3 Contracted maintenance (for operators) management of maintenance (liaison with maintenance
2. the organisations scope of work, and; organisations in the case of non commercial air transport)
M3 Part 4 Airworthiness review procedures (if applicable)
3. Where a M.A. Subpart G organisation is also approved to another Part, the exposition or manual
3. the title(s) and name(s) of person(s) referred to in points M.A.706(a), M.A.706(c), required by the other Part may form the basis of the continuing airworthiness management exposition in
M.A.706(d) and M.A.706(i); a combined document. Example for a combined
M4 Part-145 and M.A. Subpart G organisation:
(4) an organisation chart showing associated chains of responsibility between all the R4 Part-145 Exposition (see equivalent paragraphs in AMC 145.A.70(a))
Part 1 Management
person(s) referred to in points M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i). Part 2 Maintenance procedures
Part L2 Additional line maintenance procedures
(5) a list of the airworthiness staff referred to in point M.A.707, specifying, where Part 3 Quality system and/or organisational review (as applicable)
applicable, the staff authorised to issue permits to fly in accordance with point Part 4 Contracts with owners/operators
Part 5 Appendices (sample of documents)
M.A.711(c).; Part 7 FAA supplement (if applicable)
B Part 8 TCCA supplement (if applicable)
6. a general description and location of the facilities, and; Part 3 should also cover the functions specified by M.A.712 quality system.
7. procedures specifying how the continuing airworthiness management Part 4 should also cover contracted maintenance (for operators) Management of maintenance (liaison
with maintenance organisations in the case of non commercial air transport)
organisation ensures compliance with this Part, and; Additional parts should be introduced covering the following (see equivalent paragraphs in Appendix V to
44
8. the continuing airworthiness management exposition amendment procedures. AMC M.A.704, which may have a different numbering system):
R4 Part 0 General organisation
M3
Part 6 Continuing airworthiness management procedures
9. the list of approved aircraft maintenance programmes, or, for aircraft not Part 9 Airworthiness review procedures (if applicable)
involved in commercial air transport, the list of generic and baseline Example for a combined M.A. Subpart F and M.A. Subpart G organisation:
maintenance programmes. R4 M.A. Subpart F Maintenance Organisation Manual (see equivalent paragraphs in Appendix IV to
AMC M.A.604, which have a different numbering system)
Part 1 General
B Part 2 Description
(b) The continuing airworthiness management exposition and its amendments shall Part 3 General Procedures
be approved by the competent authority. Part 4 Working Procedures. This Part contains, among other things, procedures for Organisational
Reviews.
M3
Part 5 Appendixes
Notwithstanding paragraph (b), minor amendments to the exposition may be Part 4 should also cover the functions specified by M.A.712 quality system (or organisation review, as
approved indirectly through an indirect approval procedure. The indirect approval applicable).
procedure shall define the minor amendment eligible, be established by the Additional parts should be introduced covering the following (see equivalent paragraphs in Appendix V to
AMC M.A.704, which have a different numbering system):
continuing airworthiness management organisation as part of the exposition and be
Part 0 General organisation
approved by the competent authority responsible for that continuing airworthiness Part 6 Continuing airworthiness management procedures
management organisation. Part 7 Airworthiness review procedures (if applicable)
4. Personnel should be familiar with those parts of the exposition that are relevant to their tasks.
5. The M.A. Subpart G organisation should specify in the exposition who is responsible for the
amendment of the document.
6. Unless otherwise agreed by the approving competent authority, the person responsible for the
management of the quality system or for the organisational review should be responsible for monitoring
and amending the exposition, including associated procedures manuals, and the submission of proposed
amendments to the approving competent authority. The approving competent authority may agree a
procedure, which will be stated in the amendment control section of the exposition, defining
the class of amendments which can be incorporated without the prior consent of the competent
authority.
7. The operator may use electronic data processing (EDP) for publication of the continuing
airworthiness management exposition. The continuing airworthiness management exposition should be
made available to the approving competent authority in a form acceptable to the competent authority.
Attention should be paid to the compatibility of EDP publication systems with the necessary
dissemination of the continuing airworthiness management exposition, both internally and externally.
8. Part 0 General organisation of the continuing airworthiness management exposition should include
a corporate commitment by the M.A Subpart G organisation, signed by the accountable manager
confirming that the continuing airworthiness
management exposition and any associated manuals define the organisation compliance with Part-M
and will be complied with at all times.
9. The accountable managers exposition statement should embrace the intent of the following
paragraph and in fact this statement may be used without amendment.
Any modification to the statement should not alter the intent:
This exposition defines the organisation and procedures upon which the competent authority* M.A.
Subpart G continuing airworthiness management approval is based.
These procedures are approved by the undersigned and should be complied with, as applicable, in order
to ensure that all continuing airworthiness tasks of..... (Quote operatorss name)...... fleet of aircraft

45
and/or of all aircraft under contract in accordance with M.A.201 (e) with..... (Quote organisations
name)...... are carried out on time to an approved standard.
It is accepted that these procedures do not override the necessity of complying with any new or amended
regulation published from time to time where these new or amended regulations are in conflict with
these procedures.
It is understood that the competent authority* will approve this organisation whilst the competent
authority * is satisfied that the procedures are being followed and the work standard maintained. It is
understood that the competent authority* reserves
the right to suspend, vary or revoke the M.A. Subpart G continuing airworthiness management
approval of the organisation or the air operators certificate, as applicable, if the competent authority*
has evidence that the procedures are not followed and the standards not upheld.
Signed ................................................
Dated ................................................
Accountable Manager and ............ (quote position) ............
For and on behalf of ............ (quote organisations name) ............
* Where it states competent authority please insert the actual name of the approving competent
authority organisation or administration delivering the M.A.
Subpart G continuing airworthiness management approval or the air operators certificate.
10. Whenever the accountable manager is changed it is important to ensure that the new accountable
manager signs the paragraph 9 statement at the earliest opportunity as part of the acceptance by the
approving competent authority.
Failure to carry out this action invalidates the M.A. Subpart G continuing airworthiness management
approval or the air operators certificate.
R3 11. The exposition should contain information as applicable, on how the continuing airworthiness
management organisation complies with CDCCL instructions. Appendix V contains an example of an
exposition lay-out.

B AMC M.A.705 Facilities


Office accommodation should be such that the incumbents, whether they be continuing airworthiness
M.A.705 Facilities
management, planning, technical records or quality staff, can carry out their designated tasks in a
The continuing airworthiness management organisation shall provide suitable manner that contributes to good standards. In the smaller M.A. Subpart G organisations, the approving
office accommodation at appropriate locations for the personnel specified in competent authority may agree to these tasks being conducted from one office subject to being satisfied
M.A.706. that there is sufficient space and that each task can be carried out without undue disturbance. Office
accommodation
should also include an adequate technical library and room for document consultation

M.A.706 Personnel requirements AMC M.A.706 Personnel requirements


1. The person or group of persons should represent the continuing airworthiness management structure
of the organisation and be responsible for all continuing airworthiness functions. Dependent on the size
(a) The organisation shall appoint an accountable manager, who has corporate of the operation and the organisational set-up, the continuing airworthiness functions may be divided
authority for ensuring that all continuing airworthiness management activities can under individual managers or combined in nearly any number of ways. However, if a quality system is in
be financed and carried out in accordance with this Part. place it should be independent from the other functions.
2. The actual number of persons to be employed and their necessary qualifications is dependent upon the
(b) For commercial air transport the paragraph (a) accountable manager shall be
tasks to be performed and thus dependent on the size and complexity of the organisation (general
the person who also has corporate authority for ensuring that all the operations of aviation aircraft, corporate aircraft, number of aircraft and the aircraft types, complexity of the aircraft
the operator can be financed and carried out to the standard required for the issue and their age and for commercial air transport, route network, line or charter, ETOPS) and the amount

46
of an air operators certificate. and complexity of maintenance contracting. Consequently, the number of persons needed, and their
qualifications may differ greatly from one organisation to another and a simple formula covering the
(c) A person or group of persons shall be nominated with the responsibility of whole range of possibilities is not feasible.
ensuring that the organisation is always in compliance with this Subpart. Such 3. To enable the approving competent authority to accept the number of persons and their qualifications,
person(s) shall be ultimately responsible to the accountable manager. an organisation should make an analysis of the tasks to be performed, the way in which it intends to
(d) For commercial air transport, the accountable manager shall designate a divide and/or combine these tasks, indicate how it intends to assign responsibilities and establish the
number of man/hours and the qualifications needed to perform the tasks. With significant changes in the
nominated post holder. This person shall be responsible for the managemen aspects relevant to the number and qualifications of persons needed, this analysis should be updated.
4. Nominated person or group of persons should have:
4.1. practical experience and expertise in the application of aviation safety standards and safe operating
practices;
4.2. a comprehensive knowledge of:
(a). relevant parts of operational requirements and procedures;
(b). the AOC holders Operations Specifications when applicable;
(c). the need for, and content of, the relevant parts of the AOC holders Operations Manual when
applicable;
4.3. knowledge of quality systems;
4.4. five years relevant work experience of which at least two years should be from the aeronautical
industry in an appropriate position;
4.5. a relevant engineering degree or an aircraft maintenance technician qualification with additional
education acceptable to the approving competent authority. relevant engineering degree means an
engineering degree from aeronautical, mechanical, electrical, electronic, avionic or other studies relevant
to the maintenance and continuing airworthiness of aircraft/aircraft components;
R4 The above recommendation may be replaced by 5 years of experience additional to those already
recommended by paragraph 4.4 above. These 5 years
should cover an appropriate combination of experience in tasks related to aircraft maintenance and/or
continuing airworthiness management (engineering) and/or surveillance of such tasks
4.6. thorough knowledge with the organisations continuing airworthiness management exposition;
R4 4.7. knowledge of a relevant sample of the type(s) of aircraft gained through a formalised training
course. These courses should be at least at a level equivalent to Part-66 Appendix III Level 1 General
Familiarisation and could be imparted by a Part-147 organisation, by the manufacturer, or by any other
organisation accepted by the competent authority.
Relevant sample means that these courses should cover typical systems embodied in those aircraft
being within the scope of approval.
For all balloons and any other aircraft of 2730 Kg MTOM and below the formalised training courses
may be replaced by demonstration of knowledge.
This knowledge may be demonstrated by documented evidence or by an assessment performed by the
competent authority. This assessment should be
recorded.
4.8. knowledge of maintenance methods.
4.9. knowledge of applicable regulations
R6 AMC M.A.706 (a) Personnel requirements
Accountable manager is normally intended to mean the chief executive officer of the continuing
airworthiness management organisation approved under M.A. Subpart G, who by virtue of position has
overall (including in particular financial) responsibility for running the organisation. The accountable
manager may be the accountable manager for more than one organisation and is not required to be
knowledgeable on technical matters. When the accountable manager is not the chief executive officer,

47
the competent authority will need to be assured that such an accountable manager has direct access to
the chief executive officer and has a sufficiency of continuing airworthiness funding allocation.

(e) The nominated post holder referred to in paragraph (d) shall not be employed AMC M.A.706 (e) Personnel requirements
1. The competent authority of the operator should only accept that the nominated post holder be employed by
by a Part-145 approved organisation under contract to the operator, unless the organisation approved under Part-145 when it is manifest that he/she is the only available competent person
specifically agreed by the competent authority. in a position to exercise this function, within a practical working distance from the operators offices.
2. This paragraph only applies to contracted maintenance and therefore does not affect situations where the
organisation approved under Part-145 and the operator are the same organisation.
(f) The organisation shall have sufficient appropriately qualified staff for the AMC M.A.706 (f) Personnel requirements
R5
expected work. Additional training in fuel tank safety as well as associated inspection standards and maintenance procedures
should be required of continuing airworthiness management organisations technical personnel, especially the
staff involved with the management of CDCCL, Service Bulletin assessment, work planning and maintenance
programme management. EASA guidance is provided for training to Continuing Airworthiness
Management Organisations continuing airworthiness personnel in Appendix XII to AMC to M.A.706(f) and
M.B.102(c).
(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.
M3 R4 AMC M.A.706 (i) Personnel requirements
The approval by the competent authority of the exposition, containing in M.A.704(a)3 the list of M.A.706 (i)
(i) For organisations extending airworthiness review certificates in accordance with personnel, constitutes their formal acceptance by the competent authority and also their formal authorisation by
points M.A.711(a)4 and M.A.901(f), the organisation shall nominate persons the organisation.
authorised to do so, subject to approval by the competent authority. Airworthiness review staff are automatically recognised as persons with authority to extend an airworthiness
(j) The organisation shall define and keep updated in the continuing airworthiness review certificate in accordance with M.A.711(a)4 and M.A.901(f).
management exposition the title(s) and name(s) of person(s) referred to in points
M.A.706(a), M.A.706(c), M.A.706(d) and M.A.706(i).
M4
(k) For all large aircraft and for aircraft used for commercial air transport the
R6 AMC M.A.706(k) Personnel requirements
organisation shall establish and control the competence of personnel involved in the Adequate initial and recurrent training should be provided and recorded to ensure continued competence.
continuing airworthiness management, airworthiness review and/or quality audits
in accordance with a procedure and to a standard agreed by the competent
authority.

48
B AMC M.A.707 (a) Airworthiness review staff
1. Airworthiness review staff are only required if the M.A. Subpart G organisation wants to be granted
M.A.707 Airworthiness review staff
M.A.711 (b) airworthiness review R6 and, if applicable, M.A.711 (c) permit to fly privileges.
M4 R4 2. experience in continuing airworthiness means any appropriate combination of experience in
(a) To be approved to carry out airworthiness reviews and, if applicable, to issue tasks related to aircraft maintenance and/or continuing airworthiness management (engineering) and/or
permits to fly, an approved surveillance of such tasks.
3. A person qualified to the AMC M.A.706 subparagraph 4.5 should be considered as holding the
continuing airworthiness management organisation shall have appropriate
equivalent to an aeronautical degree.
airworthiness review staff to issue airworthiness review certificates or 4. An appropriate licence in compliance with Annex III (Part-66) is a category B1 licence in the sub-
recommendations referred to in Section A of Subpart I and, if applicable, to issue a category of the aircraft reviewed R6 or a B2 or a C. It is not necessary to satisfy the experience
requirements of Part-66 at the time of the review.
permit to fly in accordance with point M.A.711(c): 5. To hold a position with appropriate responsibilities means the airworthiness review staff should have
a position in the organisation independent from the airworthiness management process or with overall
authority on the airworthiness management process of complete aircraft.
R4 Independence from the airworthiness management process may be achieved, among other ways,
by:
Being authorised to perform airworthiness reviews only on aircraft for which the person has not
participated in their management. For example, performing airworthiness reviews on a specific model
line, while being involved in the airworthiness management of a different model line.
M.A. Subpart G organisations with Part- 145/ M.A.Subpart F approval, may nominate maintenance
personnel from their Part-145/M.A. Subpart F organisation as airworthiness review staff, as long as they
are not involved in the airworthiness management of the aircraft. These personnel should not have been
involved in the release to service of that particular aircraft (other than maintenance tasks
performed during the physical survey of the aircraft or performed as a result of findings discovered
during such physical survey) to avoid possible conflict of
interests.
Nominating as airworthiness review staff personnel from the Quality Department of the continuing
airworthiness management organisation.
Overall authority on the airworthiness management process of complete aircraft may be achieved,
among other ways, by:
Nominating as airworthiness review staff the Accountable Manager or the Maintenance Postholder.
Being authorised to perform airworthiness reviews only on those particular aircraft for which the
person is responsible for the complete continuing airworthiness management process.
In the case of one-man organisations, this person has always overall authority.
This means that this person can be nominated as airworthiness review staff.

1. For all aircraft used in commercial air transport, and aircraft above 2 730 kg R4 AMC M.A.707 (a)(1) Airworthiness review staff
For all aircraft used in commercial air transport and any other aircraft, other than balloons, above 2730 kg
MTOM, except balloons, these staff shall have acquired: MTOM, formal aeronautical maintenance training means training (internal or external) supported by evidence
(a) at least five years experience in continuing airworthiness; and on the following subjects:
(b) an appropriate license in compliance with Annex III (Part-66) or an Relevant parts of initial and continuing airworthiness regulations.
aeronautical degree or a national equivalent; and Relevant parts of operational requirements and procedures, if applicable.
The organisations continuing airworthiness management exposition.
(c) formal aeronautical maintenance training; and Knowledge of a relevant sample of the type(s) of aircraft gained through a formalised training course. These
(d) a position within the approved organisation with appropriate responsibilities. courses should be at least at a level equivalent to Part-66 Appendix III Level 1 General Familiarisation and
(e) Notwithstanding points (a) to (d), the requirement laid down in point could be imparted by a Part-147 organisation, by the manufacturer, or by any other organisation accepted by
the competent authority.
49
M.A.707(a)1(b) may be replaced by five years of experience in continuing Relevant sample means that these courses should cover typical systems embodied in those aircraft being
within the scope of approval
airworthiness additional to those already required by point M.A.707(a)1(a). Maintenance methods.

R4 AMC M.A.707 (a)(2) Airworthiness review staff


2. For aircraft not used in commercial air transport of 2 730 kg MTOM and below, For all balloons and any other aircraft of 2730 Kg MTOM and below, not used in commercial air transport:
and balloons, these staff shall have acquired: 1. experience in continuing airworthiness can be full time or part-time, either as professional or on a
(a) at least three years experience in continuing airworthiness, and voluntary basis.
(b) an appropriate license in compliance with Annex III (Part-66) or an 2. Appropriate aeronautical maintenance training means demonstrated knowledge of the following subjects:
Relevant parts of initial and continuing airworthiness regulations.
aeronautical degree or a national equivalent; and Relevant parts of operational requirements and procedures, if applicable.
(c) appropriate aeronautical maintenance training; and The organisations continuing airworthiness management exposition.
(d) a position within the approved organisation with appropriate responsibilities; Knowledge of a relevant sample of the type(s) of aircraft gained through training and/or work experience.
(e) Notwithstanding points (a) to (d), the requirement laid down in point Such knowledge should be at least at a level equivalent to Part-66 Appendix III Level 1 General
Familiarisation and could be imparted by a Part-147 organisation, by the manufacturer, or by any other
M.A.707(a)2(b) may be replaced by four years of experience in continuing organisation accepted by the competent authority.
airworthiness additional to those already required by point M.A.707(a)2(a). Relevant sample means that these courses should cover typical systems embodied in those aircraft being
within the scope of approval
Maintenance methods.
This knowledge may be demonstrated by documented evidence or by an assessment performed by the
competent authority or by other airworthiness review staff already authorised within the organisation in
accordance with approved procedures. This assessment should be recorded.

B R4 AMC M.A.707 (b) Airworthiness review staff


The formal acceptance by the competent authority of the airworthiness review staff is granted through
(b) Airworthiness review staff nominated by the approved continuing airworthiness
the corresponding EASA Form 4.
organisation can only be issued an authorisation by the approved continuing An airworthiness review under supervision means under the supervision of the competent authority.
airworthiness organisation when formally accepted by the competent authority If the organisation has already properly authorised airworthiness review staff, the competent authority
after satisfactory completion of an airworthiness review under supervision. may accept that the supervision be performed by this existing airworthiness review staff in accordance
with an approved procedure. In such case, evidence of the airworthiness review performed under
supervision should be provided to the competent authority together with the EASA Form 4. If satisfied,
the competent authority will issue the formal acceptance through the EASA Form 4.
Once the airworthiness review staff has been accepted by the competent authority, the inclusion of their
name in the exposition (refer to M.A.704(a)5) constitutes the formal authorisation by the organisation.

(c) The organisation shall ensure that aircraft airworthiness review staff can R4 AMC M.A.707 (c) Airworthiness review staff
In order to keep the validity of the airworthiness review staff authorisation, the airworthiness review staff
demonstrate should have either:
appropriate recent continuing airworthiness management experience. been involved in continuing airworthiness management activities for at least six months in every two year
period, or
conducted at least one airworthiness review in the last twelve month period.
In order to restore the validity of the authorisation, the airworthiness review staff should conduct at a
satisfactory level an airworthiness review under the supervision of the competent authority or, if accepted by
the competent authority, under the supervision of another currently valid authorised airworthiness review staff
of the concerned continuing airworthiness management organisation in accordance with an approved
procedure.

50
(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 R4 AMC M.A.707 (e) Airworthiness review staff
The minimum content of the airworthiness review staff record should be:
shall include details of any appropriate qualification held together with a summary Name,
of relevant continuing airworthiness management experience and training and a Date of Birth,
copy Basic Education,
of the authorisation. This record shall be retained until two years after the Experience,
Aeronautical Degree and/or Part-66 qualification and/or nationally-recognised maintenance personnel
airworthiness review staff have left the organisation. qualification,
Initial Training received,
Type of Training received,
Continuation Training received,
Experience in continuing airworthiness and within the organisation,
Responsibilities of current role in the organisation,
Copy of the authorisation.

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,
M3
2. present the aircraft maintenance programme and its amendments to the
competent authority for approval, unless covered by an indirect approval
procedure
in accordance with point M.A.302(c), and provide a copy of the programme to the
owner of aircraft not involved in commercial air transport,
B
3. manage the approval of modification and repairs,
R3 AMC M.A.708 (b)(3) Continuing Airworthiness
4. ensure that all maintenance is carried out in accordance with the approved Management
maintenance programme and released in accordance with M.A. Subpart H, When managing the approval of modifications or repairs the organisation should ensure that Critical Design
5. ensure that all applicable airworthiness directives and operational directives with Configuration Control Limitations are taken into account.
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,
51
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 operators
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 AMC M.A.708 (c) Continuing airworthiness management (*)
1. Where an operator is not approved under Part-145 or an operators maintenance organisation is an
approved to Part-145, the operator shall establish a written maintenance contract
independent organisation, a contract should be agreed between the operator and a maintenance
between the operator and a Part-145 approved organisation or another operator, organisation approved under Part-145, which specifies, in detail, the work to be performed by the
detailing the functions specified under M.A.301-2, M.A.301-3, M.A.301-5 and maintenance organisation. Appendix XI to this AMC gives further details on the subject.
M.A.301-6, ensuring that all maintenance is ultimately carried out by a Part-145 2. Both the specification of work and the assignment of responsibilities should be clear, unambiguous
and sufficiently detailed to ensure that no is understanding should arise between the parties concerned
approved maintenance organisation and defining the support of the quality
(operator, maintenance organisation and the competent authority) that could result in a situation where
functions of M.A.712(b). The aircraft base, scheduled line maintenance and engine work that has a bearing on the airworthiness or serviceability of aircraft is not or will not be properly
maintenance contracts, together with all amendments, shall be approved by the performed.
competent authority. However, in the case of: 3. Special attention should be paid to procedures and responsibilities to ensure that all maintenance
work is performed, service bulletins are analysed and decisions taken on accomplishment, airworthiness
directives are completed on time and that all work, including non-mandatory modifications is carried
out to approved data and to the latest standards.
4. For line maintenance, the actual layout of the contract the IATA Standard Ground Handling
Agreement may be used as a basis, but this does not preclude the competent authority of operator from
ensuring that the content of the contract is acceptable to them, and especially that the contract allows the
operator to properly exercise its maintenance responsibility. Those parts of a contract that have no
bearing on the technical or operational aspects of airworthiness are outside the scope of this paragraph.
5. It is possible to contract another operator that is not directly approved under Part- 145. In this case
the operators continuing airworthiness management exposition should include appropriate procedures
to ensure that all this contracted maintenance is ultimately performed on time by organisations
approved under Part-145 in accordance with the contracting operators data. In particular the quality
system procedures should place great emphasis on monitoring compliance with the above. The list of
Part-145 approved contractors, or a reference to this list, should be included in the operators continuing
airworthiness management exposition.
6. Such a maintenance arrangement does not absolve the operator from its overall continuing
airworthiness responsibility. Specifically, in order to accept the maintenance arrangement, the
competent authority should be satisfied that such an arrangement allows the operator to ensure full
compliance with responsibilities pursuant to M.A.201.
7. The purpose of M.A.708(c) is to ensure that all maintenance is carried out by properly approved Part-
145 organisations. This does not preclude a primary maintenance arrangement with an operator that is
not such an organisation, when it proves that such an arrangement is in the interest of the operator by
simplifying the management of its maintenance, and the operator keeps an appropriate control of it.

52
Such an arrangement should not preclude the operator from ensuring that all maintenance is performed
by a Part-145 approved organisation and complying with the M.A.201 continuing airworthiness
responsibility requirements. Typical examples of such arrangements follow:
- Component maintenance:
The operator may find it more appropriate to have a primary contractor, that would despatch the
components to appropriately approved organisations, rather than sending himself different types of
components to various maintenance organisations
approved under Part-145. The benefit for the operator is that the management of maintenance is
simplified by having a single contact point for component maintenance.
The operator remains responsible for ensuring that all maintenance is performed by maintenance
organisations approved under Part-145 and in accordance with the approved standard.
- Aircraft, engine and component maintenance:
The operator may wish to have a maintenance contract with another operator of the same type of
aircraft not approved under Part-145. A typical case is that of a dryleased aeroplane between operators,
where the parties, for consistency or continuity reasons (especially for short term lease agreements) find
it appropriate to keep the aeroplane under the current maintenance arrangement. Where this
arrangement involves various Part 145 approved contractors, it might be more manageable for the lessee
operator to have a single contract with the lessor operator. Such an arrangement should not be
understood as a transfer of responsibility to the lessor operator:
the lessee operator, being the approved operator of the aircraft, remains responsible for the continuing
airworthiness of the aircraft in performing the M.A.708 functions, and employing the M.A.706
continuing airworthiness management group of persons and staff.
In essence, this does not alter the intent of M.A.201 (h) in that it also requires that the operator has to
establish a written maintenance contract acceptable to the competent authority of operator and,
whatever type of acceptable arrangement is made, the operator is required to exercise the same level of
control on contracted maintenance, particularly through the M.A.706 (c) continuing airworthiness
management group of persons and quality system as referred to in M.A.712.

1. an aircraft requiring unscheduled line maintenance, the contract may be in the AMC M.A.708 (c)(1) Continuing airworthiness management unscheduled maintenance
The intent of this paragraph is that maintenance contracts are not necessary when the operators
form of individual work orders addressed to the Part-145 maintenance
continuing airworthiness system, as approved by the competent authority of operator, specifies that the
organisation. relevant maintenance activity may be ordered through
one time work orders. This includes for obvious reasons unscheduled line maintenance and may also
2. component maintenance, including engine maintenance, the contract as referred include aeroplane component maintenance up to engines, so long as the competent authority of operator
considers that the maintenance is manageable through work orders, both in term of volume and
to in paragraph (c) may be in the form of individual work orders
complexity. It should be noted that this paragraph
addressed to the Part-145 maintenance organisation. implies that even where base maintenance is ordered on a case-by-case basis, there should be a written
maintenance contract.

53
M3 R4 AMC M.A.709 Documentation
When using maintenance data provided by the customer, the continuing airworthiness management
M.A.709 Documentation
organisation is responsible for ensuring that this data is current. As a consequence, it should establish
appropriate procedures or provisions in the contract with the customer.
(a) The approved continuing airworthiness management organisation shall hold The sentence , except when required by point M.A.714, means, in particular, the need to keep a
and use applicable current maintenance data in accordance with point M.A.401 for copy of the customer data which was used to perform continuing airworthiness activities during the
contract period.
the performance of continuing airworthiness tasks referred to in point M.A.708.
Baseline maintenance programme: it is a maintenance programme developed for a particular aircraft
This data may be provided by the owner or the operator, subject to an appropriate type following, where applicable, the maintenance review board (MRB) report, the type certificate
contract being established with such an owner or operator. In such case, the holders maintenance planning document (MPD), the relevant chapters of the maintenance manual or
continuing airworthiness management organisation only needs to keep such data any other maintenance data containing information on scheduling.
Generic maintenance programme: it is a maintenance programme developed to cover a group of
for the duration of the contract, except when required by point M.A.714.
similar types of aircraft. These programmes should be based on the same type of instructions as the
baseline maintenance programme. Examples of generic maintenance programmes could be Cessna
(b) For aircraft not involved in commercial air transport, the approved continuing 100 Series (covering Cessna 150, 172, 177, etc.).
airworthiness Baseline and generic maintenance programmes are not applicable to a particular aircraft
registration mark, but to an aircraft type or group of types, and should be available to the competent
management organisation may develop baseline and/or generic maintenance
authority prior to the initial approval and prior to the extension of the scope of an existing organisation
programmes in order to allow for the initial approval and/or the extension approval. The intent is that the competent authority is aware of the scope and complexity of tasks that
of the scope of an approval without having the contracts referred to in Appendix I will be managed before granting an organisation approval or change of approval.
to this Annex (Part M). These baseline and/or generic maintenance After this initial approval, when an owner/operator is contracted, the baseline or generic maintenance
programme, as applicable, may be used to establish the M.A.302 aircraft maintenance programme,
programmes however do not preclude the need to establish an adequate Aircraft incorporating the additional maintenance tasks and indicating those which are not applicable to a
Maintenance Programme in compliance with point M.A.302 in due time before particular aircraft registration mark. This may be achieved by adding an Annex to the baseline/generic
maintenance programme for each aircraft registration, specifying which tasks are added and which are
exercising the privileges referred to in point M.A.711. not applicable. This will result in an aircraft maintenance programme specific for each customer.
However, this does not mean that this adaptation must be performed for each contracted aircraft
registration. The reason is that the customer may already have an approved aircraft maintenance
programme, which in that case should be used by the continuing
airworthiness management organisation to manage the continuing airworthiness of such aircraft.
Continuing airworthiness management organisations may seek authorisation for indirect approval in
order to amend the aircraft maintenance programme mentioned above in accordance with M.A.302(c).
The indirect approval procedure should include provisions to notify to the competent authority that an
aircraft maintenance programme specific for a customer has been created. The reason is that, according
to M.A.704(a)9, for aircraft not involved in commercial air transport the Continuing Airworthiness
Management Exposition (CAME) only needs to include the reference to the baseline/generic
maintenance programme.

54
M4
M.A.710 Airworthiness review
AMC M.A.710 (a) Airworthiness review
(a) To satisfy the requirement for the airworthiness review of an aircraft referred 1. A full documented review is a check of at least the following categories of documents:
to in point M.A.901, a full documented review of the aircraft records shall be - registration papers
carried out by the approved continuing airworthiness management organisation in - M.A.305 aircraft continuing airworthiness record system
- M.A.306 operators technical log system
order to be satisfied that:
- list of deferred defects, minimum equipment list and configuration deviation list if applicable
1. airframe, engine and propeller flying hours and associated flight cycles have been - aircraft flight manual including aircraft configuration
properly recorded; and - aircraft Maintenance programme
2. the flight manual is applicable to the aircraft configuration and reflects the latest - maintenance Data
- relevant work packages
revision status; and - AD status
3. all the maintenance due on the aircraft according to the approved maintenance - modification and SB status
programme has been carried out; and - modification and repair approval sheets
4. all known defects have been corrected or, when applicable, carried forward in a - list of service life limited component
- relevant EASA Form 1 or equivalent
controlled manner; and - mass and balance report and equipment list
5. all applicable airworthiness directives have been applied and properly registered; - aircraft, engine and propeller TC Data Sheets
and As a minimum, sample checks within each document category should be carried out.
6. all modifications and repairs applied to the aircraft have been registered and are 2. The M.A. Subpart G organisation should develop procedures for the airworthiness review staff to
produce a compliance report that confirms the above have been reviewed and found in compliance with
approved according to the Annex (Part-21) of Regulation (EC) No 1702/2003; and Part-M.
7. all service life limited components installed on the aircraft are properly
identified, registered and have not exceeded their approved service life limit; and
8. all maintenance has been released in accordance with Annex I (Part-M); and
9. the current mass and balance statement reflects the configuration of the aircraft
and is valid; and
10. the aircraft complies with the latest revision of its type design approved by the
Agency; and
11. if required, the aircraft holds a noise certificate corresponding to the current
configuration of the aircraft in compliance with Subpart I of the Annex (Part-21) of
Regulation (EC) No 1702/2003.

(b) The airworthiness review staff of the approved continuing airworthiness AMC M.A.710 (b) and (c) Airworthiness review
1. The physical survey could require actions categorised as maintenance (e.g. operational tests, tests of
management organisation shall carry out a physical survey of the aircraft. For this
emergency equipment, visual inspections requiring panel opening etc.). In this case, after the
survey, airworthiness review staff not appropriately qualified to Annex III (Part- airworthiness review a release to service should be issued in accordance with Part-M.
66) shall be assisted by such qualified personnel. R4 When the airworthiness review staff are not appropriately qualified to Part-66 in order to release
M4 (c) Through the physical survey of the aircraft, the airworthiness review staff such maintenance, M.A.710(b) requires them to be assisted by such qualified personnel. However, the
function of such Part-66 personnel is limited to perform and release the maintenance actions requested
shall ensure that: by the airworthiness review staff, it not being their function to perform the physical survey of the
1. all required markings and placards are properly installed; and aircraft. As stated in M.A.710(b), the airworthiness review staff shall carry out the physical survey of the
55
2. the aircraft complies with its approved flight manual; and aircraft, and this survey includes the verification that no inconsistencies can be found between the
aircraft and the documented review of records.
3. the aircraft configuration complies with the approved documentation; and
This means that the airworthiness review staff who are going to sign the airworthiness review certificate
4. no evident defect can be found that has not been addressed according to point or the recommendation should be the one performing both the documented review and the physical
M.A.403; and survey of the aircraft, it not being the intent of the rule to delegate the survey to Part-66 personnel who
5. no inconsistencies can be found between the aircraft and the paragraph (a) are not airworthiness review staff. Furthermore, the provision of M.A.710(d) allowing a 90 days
anticipation for the physical survey provides enough flexibility to ensure that the airworthiness review
documented review of records.
staff are present.
2. The physical survey may include verifications to be carried out during flight.
3. The M.A. Subpart G organisation should develop procedures for the airworthiness review staff to
produce a compliance report that confirms the physical survey has been carried out and found
satisfactory.
4. To ensure compliance the physical survey may include relevant sample checks of items.

(d) By derogation to point M.A.901(a), the airworthiness review can be anticipated R4 AMC M.A.710 (d) Airworthiness review
Without loss of continuity of the airworthiness review pattern means that the new expiration date is
by a maximum period of 90 days without loss of continuity of the airworthiness
set up one year after the previous expiration date. As a consequence, when the airworthiness review is
review pattern, to allow the physical review to take place during a maintenance anticipated, the validity or the airworthiness review
check. certificate is longer than one year (up to 90 days longer).
This anticipation of up to 90 days also applies to the 12 month requirements shown in M.A.901(b), which
means that the aircraft is still considered as being in a controlled environment if it has been continuously
managed by a single organisation and maintained
by appropriately approved organisations, as stated in M.A.901(b), from the date when the last
airworthiness review certificate was issued until the date when the new airworthiness review is
performed (this can be up to 90 days less than 12 months).

AMC M.A.710 (e) Airworthiness review


(e) The airworthiness review certificate (EASA Form 15b) or the recommendation A copy of both physical survey and document review compliance reports stated above should be sent to the
for the issue of the airworthiness review certificate (EASA Form 15a) referred to in competent authority together with any recommendation issued.
Appendix III to Annex I (Part-M) can only be issued:
1. by airworthiness review staff appropriately authorised in accordance with point
M.A.707 on behalf of the approved continuing airworthiness management
organisation or by certifying staff in cases provided for in point M.A.901(g); and
2. when satisfied that the airworthiness review has been completely carried out and
that there is no noncompliance which is known to endanger flight safety.
(f) A copy of any airworthiness review certificate issued or extended for an aircraft
shall be sent to the Member State of Registry of that aircraft within 10 days.
(g) Airworthiness review tasks shall not be sub-contracted.
(h) Should the outcome of the airworthiness review be inconclusive, the competent
authority shall be informed as soon as practicable but in any case within 72 hours
of the organisation identifying the condition to which the review relates.

56
M3 M.A.711 Privileges of the organisation
(a) A continuing airworthiness management organisation approved in accordance
with Section A, Subpart G of this Annex (Part M) may:
M4 1. manage the continuing airworthiness of aircraft, except those involved in
commercial air transport, as listed on the approval certificate.
M3 2. manage the continuing airworthiness of commercial air transport aircraft
when listed both on its approval certificate and on its Air Operator Certificate
(AOC);
3. arrange to carry out limited continuing airworthiness tasks with any contracted
organisation, working under its quality system, as listed on the approval certificate;
4. extend, under the conditions of point M.A.901(f), an airworthiness review
certificate that has been issued by the competent authority or by another
continuing airworthiness management organisation approved in accordance with
Section A, Subpart G of this Annex (Part M);
(b) An approved continuing airworthiness management organisation registered in R4 AMC M.A.711 (b) Privileges of the organisation
An organisation may be approved for the privileges of M.A.711(a) only, without the privilege to carry out
one of the Member States may, additionally, be approved to carry out airworthiness reviews. This can be contracted to another appropriately approved organisation. In such a case, it
airworthiness reviews referred to in point M.A.710 and: is not mandatory that the contracted organisation is linked to an AOC holder, being possible to contract an
1. issue the related airworthiness review certificate and extend it in due time under appropriately approved independent continuing airworthiness management organisation which is approved for
the conditions of points M.A.901(c)2 or M.A.901(e)2; and, the same aircraft type In order to be approved for the privileges of M.A.711(b) for a particular aircraft type, it
is necessary to be approved for the privileges of M.A.711(a) for that aircraft type. As a consequence, the
2. issue a recommendation for the airworthiness review to the competent authority normal situation in this case is that the organisation will be performing continuing airworthiness management
of the Member State of registry. tasks and performing airworthiness reviews on every aircraft type contained in the approval certificate.
Nevertheless, this does not necessarily mean that the organisation needs to be currently managing an aircraft
type in order to be able to perform airworthiness reviews on that aircraft type. The organisation may be
performing only airworthiness reviews on an aircraft type without having any customer under contract for that
type.
Furthermore, this situation should not necessarily lead to the removal of the aircraft type from the organisation
approval. As a matter of fact, since in most cases the airworthiness review staff are not involved in continuing
airworthiness management activities, it cannot be argued that these airworthiness review staff are going to lose
their skills just because the organisation is not managing a particular aircraft type. The important issue in
relation to maintaining a particular aircraft type in the organisation approval is whether the organisation
continuously fulfils all the Subpart G requirements (facilities, documentation, qualified personnel, quality
system, etc.) required for initial approval.
M4 (c) A continuing airworthiness management organisation whose approval
R6 AMC M.A.711 (c)
includes the privileges referred to in point M.A.711(b) may additionally be The sentence for the particular aircraft for which the organisation is approved to issue the airworthiness review
approved to issue a permit to fly in accordance with Part 21A.711(d) of the Annex certificate contained in M.A.711(c) means that:
(Part-21) to Regulation (EC) No 1702/2003 for the particular aircraft for - For aircraft used in commercial air transport, and aircraft above 2730 kg MTOM, except balloons, the permit
which the organisation is approved to issue the airworthiness review certificate, to fly can only be issued for aircraft which are in a controlled environment and are managed by that M.A.
Subpart G organisation.
when the continuing airworthiness management organisation is attesting - For aircraft not involved in commercial air transport of 2730 kg MTOM and below, and for all balloons, the
conformity with approved flight conditions, subject to an adequate approved permit to fly can be issued for any aircraft.

57
procedure in the exposition referred to in point M.A.704.

B B
AMC M.A.712 (a) Quality system
M.A.712 Quality system
1. Procedures should be held current such that they reflect best practice within the organisation. It is the
(a) To ensure that the approved continuing airworthiness management responsibility of all employees to report any difficulties with the procedures via their organisations
organization continues to meet the requirements of this Subpart, it shall establish a internal occurrence reporting mechanisms.
quality system and designate a quality manager to monitor compliance with, and 2. All procedures, and changes to the procedures, should be verified and validated before use where
practicable.
the adequacy of, procedures required to ensure airworthy aircraft. Compliance
3. The feedback part of the system should address who is required to rectify any noncompliance in each
monitoring shall include a feedback system to the accountable manager to ensure particular case and the procedure to be followed if rectification is not completed within appropriate
corrective action as necessary. timescales. The procedure should lead to the
accountable manager specified in M.A.706.
4. The independent quality audit reports referenced in AMC M.A.712 (b) should be sent to the relevant
department for rectification action giving target rectification dates. Rectification dates should be
discussed with such department before the quality
department or nominated quality auditor confirms such dates in the report. The relevant department is
required to rectify findings and inform the quality manager or the quality auditor of such rectification.
5. The accountable manager should hold regular meetings with staff to check progress on rectification
except that in the large organisations such meetings may be delegated on a day to day basis to the quality
manager subject to the accountable manager meeting at least twice per year with the senior staff
involved to review the overall performance and receiving at least a half yearly summary report on
findings of noncompliance.
(b) The quality system shall monitor M.A. Subpart G activities. It shall at least AMC M.A.712 (b) Quality System
1. The primary objectives of the quality system are to enable the M.A. Subpart G organisation to ensure
include the following functions: airworthy aircraft and to remain in compliance with the Part-M requirements.
1. monitoring that all M.A. Subpart G activities are being performed in accordance 2. An essential element of the quality system is the independent audit.
with the approved procedures, and; 3. The independent audit is an objective process of routine sample checks of all aspects of the M.A. Subpart G
2. monitoring that all contracted maintenance is carried out in accordance with the organisations ability to carry out continuing airworthiness management to the required standards. It includes
some product sampling as this is
contract, and; the end result of the process.
3. monitoring the continued compliance with the requirements of this Part. 4. The independent audit represents an objective overview of the complete continuing airworthiness
management related activities. It is intended to complement the M.A.902 requirement for an airworthiness
review to be satisfied that all aircraft managed by the organisation remain airworthy.
5. The independent audit should ensure that all aspects of M.A. Subpart G compliance are checked annually,
including all the sub-contracted activities, and may be carried out as a complete single exercise or subdivided
over the annual period in accordance with a scheduled plan. The independent audit does not require each
procedure to be checked against each product line when it can be shown that the particular procedure
is common to more than one product line and the procedure has been checked every year without resultant
findings. Where findings have been identified, the particular procedure should be rechecked against other
product lines until the findings have been rectified after which the independent audit procedure may revert back
to the annual interval for the particular procedure.
Provided that there are no safety related findings, the audit time periods specified in this AMC may be
increased by up to 100% subject to agreement by the competent authority.
6. Where the organisation has more than one location approved the quality system should describe how these
are integrated into the system and include a plan to audit each location every year.

58
7. A report should be raised each time an audit is carried out describing what was checked and the resulting
findings against applicable requirements, procedures and products.
8 The independence of the audit should be established by always ensuring that audits are carried out by
personnel not responsible for the function, procedure or products being checked.
9. An organisation should establish a quality plan acceptable to the competent authority of approval to show
when and how often the activities as required by M.A. Subpart G will be audited.
(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 operators quality system.

M3 AMC M.A.712 (f) Quality system


A small organisation is considered to be an organisation with up to 5 full-time staff (including all
(f) In the case of a small organisation not managing the continuing airworthiness of
M.A.706 personnel) or equivalent proportional number when using parttime staff. The complexity of the
aircraft used in commercial air transport, the quality system may be replaced by organisation, combination of aircraft and aircraft types, the utilisation of the aircraft and the number of
regular organisational reviews subject to the approval of the competent authority, approved locations of the organisations should also be considered before replacing the quality system by
except when the organisation issues airworthiness review certificates for aircraft an organisational review.
R4 Appendix XIII should be used to manage the organisational reviews.
above 2730 kg MTOM other than balloons. In the case where there is no quality
The following activities should not be considered as subcontracting and, as a consequence, they may be
system, the organisation shall not contract continuing airworthiness management performed without a Quality System, although they need to be described in the continuing airworthiness
tasks to other parties. management exposition and be approved by the competent authority:
Subscription to a technical publisher that provides maintenance data (Aircraft Maintenance Manuals,
Illustrated Parts Catalogues, Service Bulletins, etc.), which may be applicable to a wide range of aircraft.
These data may include maintenance schedules recommended by different manufacturers that can be
afterwards used by the continuing airworthiness management organisation in order to produce
customised maintenance programmes.
Contracting the use of a software tool for the management of continuing airworthiness data and
records, under the following conditions (in addition to M.A.714(d) and (e)):
If the tool is used by several organisations, each organisation should have access to its own data only.
Introduction of data can only be performed by personnel of the continuing airworthiness management
organisation.
The data can be retrieved at any time

B
M.A.713 Changes to the approved continuing
airworthiness organisation AMC M.A.713 Changes to the approved continuing airworthiness organisation
In order to enable the competent authority to determine continued compliance with 1. This paragraph covers scheduled changes to the continuing airworthiness organisations approval.
this Part, the approved continuing airworthiness management organisation shall Whilst the requirements relating to air operator certificates, including their issue, variation and
continued validity, are prescribed in the appropriate
notify it of any proposal to carry out any of the following changes, before such
regulation, operators should be aware this paragraph is included in Part M and may affect continued
changes take place: acceptance of the continuing airworthiness management.

59
1. the name of the organisation. 2. The primary purpose of this paragraph is to enable the continuing airworthiness organisation to
remain approved if agreed by the competent authority during negotiations about any of the specified
2. the location of the organisation.
changes. Without this paragraph the approval would automatically be suspended in all cases.
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.

M4
AMC M.A.714 Record-keeping
M.A.714 Record-keeping
1. The M.A. Subpart G organisation should ensure that it always receives a complete CRS from the
(a) The continuing airworthiness management organisation shall record all details approved maintenance organisation M.A.801(b)(2) certifying staff and/or from the Pilot-owner such that
of work carried out. The records required by M.A.305 and if applicable M.A.306 the required records can be retained. The system to keep the continuing airworthiness records should be
shall be retained. described in the organisation continuing airworthiness management exposition.
2. When an organisation arranges for the relevant maintenance organisation to retain copies of the
continuing airworthiness records on its behalf, it will nevertheless continue to be responsible for the
records under M.A.714 relating to the preservation of records. If it ceases to be the organisation of the
aircraft, it also remains responsible for transferring the records to any other person or organisation
managing continuing
airworthiness of the aircraft.
3. Keeping continuing airworthiness records in a form acceptable to the competent authority means in
paper form or on a computer database or a combination of both methods. Records stored in microfilm
or optical disc form are also acceptable. The record should remain legible throughout the required
retention period.
4. Paper systems should use robust material which can withstand normal handling and filing.
5. Computer systems should have at least one backup system which should be updated within 24 hours
of any new entry. Each terminal is required to contain programme safeguards against the ability of
unauthorised personnel to alter the database.
6. Microfilming or optical storage of continuing airworthiness records may be carried out at any time.
The records should be as legible as the original record and remain so for the required retention period.
(b) If the continuing airworthiness management organisation has the privilege
referred to in point M.A.711(b), it shall retain a copy of each airworthiness review
certificate and recommendation issued or, as applicable, extended, together with all
supporting documents. In addition, the organisation shall retain a copy of any
airworthiness review certificate that it has extended under the privilege referred to
in point M.A.711(a)4.
(c) If the continuing airworthiness management organisation has the privilege
referred to in point M.A.711(c), it shall retain a copy of each permit to fly issued in
accordance with the provisions of point 21A.729 of the Annex (Part-21) to
Regulation (EC) No 1702/2003.

60
(d) The continuing airworthiness management organisation shall retain a copy of
all records referred to in paragraphs (b) and (c) until two years after the aircraft
has been permanently withdrawn from service.
(e) The records shall be stored in a manner that ensures protection from damage,
alteration and theft.
(f) 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.
(g) 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
(h) Where a continuing airworthiness management organisation terminates its
operation, all retained records shall be transferred to the owner of the aircraft.

B
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.

61
SUBPART H
CERTIFICATE OF RELEASE TO SERVICE - CRS

M3
M.A.801 Aircraft certificate of release to service
(a) Except for aircraft released to service by a maintenance organisation approved
in accordance with Annex II (Part-145), the certificate of release to service shall be
issued according to this Subpart;
(b) No aircraft can be released to service unless a certificate of release to service is AMC M.A. 801 (b) Aircraft certificate of release to service
A certificate of release to service is necessary before flight, at the completion of any defect rectification, whilst
issued at the completion of any maintenance, when satisfied that all maintenance the aircraft operates a flight between scheduled maintenance checks.
required has been properly carried out, by:
1. appropriate certifying staff on behalf of the maintenance organisation approved
in accordance with Section A, Subpart F of this Annex (Part M); or
2. certifying staff in compliance with the requirements laid down in Annex III
(Part-66), except for complex maintenance tasks listed in Appendix VII to this
Annex for which point 1 applies; or
3. by the Pilot-owner in compliance with point M.A.803;
(c) By derogation from point M.A.801(b)2 for ELA1 aircraft not used in
commercial air transport, aircraft complex maintenance tasks listed in Appendix
VII may be released by certifying staff referred to in point M.A.801(b)2;
(d) By derogation from point M.A.801(b), in the case of unforeseen situations, when
an aircraft is grounded at a location where no approved maintenance organisation
appropriately approved under this Annex or Annex II (Part-145) and no R4 AMC M.A.801 (d) Aircraft certificate of release to service
appropriate certifying staff are available, the owner may authorise any person, with 1. 3 years of appropriate maintenance experience means 3 years working in an aircraft maintenance
not less than three years of appropriate maintenance experience and holding the environment on at least some of the aircraft type systems corresponding to the aircraft endorsed on the aircraft
maintenance license or on the certifying staff authorisation that the person holds.
proper qualifications, to maintain according to the standards set out in Subpart D 2. Holding the proper qualifications means holding either:
of this Annex and release the aircraft. The owner shall in that case: a. a valid ICAO Annex 1 compliant maintenance license for the aircraft type requiring certification, or;
1. obtain and keep in the aircraft records details of all the work carried out and of b. a certifying staff authorisation valid for the work requiring certification, issued by an ICAO Annex 6
the qualifications held by that person issuing the certification; and approved maintenance organisation.
3. A release in accordance with this paragraph does not affect the controlled environment of the aircraft as long
2. ensure that any such maintenance is rechecked and released by an appropriately as the M.A.801(d)2 recheck and release has been carried out by an approved maintenance organisation.
authorised person referred to in point M.A.801(b) or an organisation
approved in accordance with Section A, Subpart F of this Annex (Part M), or with
Annex II (Part-145) at the earliest opportunity but within a period not
exceeding seven days; and
3. notify the organisation responsible for the continuing airworthiness management
of the aircraft when contracted in accordance with point M.A.201(e), or the
competent authority in the absence of such a contract, within seven days of the

62
issuance of such certification authorisation;

(e) In the case of a release to service in accordance with point M.A.801(b)2 or point
M.A.801(c), the certifying staff may be assisted in the execution of the maintenance
tasks by one or more persons subject to his/her direct and continuous control;
(f) A certificate of release to service shall contain as a minimum: AMC M.A.801 (f) Aircraft certificate of release to service
1. The aircraft certificate of release to service should contain the following statement:
1. basic details of the maintenance carried out; and (a) Certifies that the work specified except as otherwise specified was carried out in accordance with Part-M
2. the date such maintenance was completed; and and in respect to that work the aircraft is considered ready for release to service.
3. the identity of the organisation and/or person issuing the release to service, (b) For a Pilot-owner a certificate of release to service should contain the following statement:
including: Certifies that the limited pilot-owner maintenance specified except as otherwise specified was carried out in
accordance with Part M and in respect to that work the aircraft is considered ready for release to service.
(i) the approval reference of the maintenance organisation approved in accordance 2. The certificate of release to service should relate to the task specified in the manufacturers or operators
with Section A, Subpart F of this Annex (Part M) and the certifying instruction or the aircraft maintenance programme which itself may cross-refer to a manufacturers/ operators
staff issuing such a certificate; or instruction in a maintenance manual, service bulletin etc.
(ii) in the case of point M.A.801(b)2 or M.A.801(c) certificate of release to service, 3. The date such maintenance was carried out should include when the maintenance took place relative to any
life or overhaul limitation in terms of date/flying hours/ cycles/landings etc., as appropriate.
the identity and if applicable licence number of the certifying staff 4. When extensive maintenance has been carried out, it is acceptable for the certificate of release to service to
issuing such a certificate; summarise the maintenance so long as there is a unique cross-reference to the work-pack containing full details
4. the limitations to airworthiness or operations, if any. of maintenance carried out.
Dimensional information should be retained in the work-pack record.
5. The person issuing the certificate of release to service should use his normal signature except in the case
where a computer release to service system is used. In this latter case the competent authority will need to be
satisfied that only the particular person can electronically issue the release to service. One such method of
compliance is the use of a magnetic or optical personal card in conjunction with a personal identity number
(PIN) known only to the individual, which is keyed into the computer. A certification stamp is optional.
6. At the completion of all maintenance, owners, certifying staff, operators and maintenance organisations
should ensure they have a clear, concise, legible record of the work performed.
7. In the case of an M.A.801 (b) 2 release to service, certifying staff should retain all records necessary to prove
that all requirements have been met for the issuance of a certificate of release to service.

(g) By derogation from paragraph (b) and notwithstanding the provisions of AMC M.A.801 (g) Aircraft certificate of release to service
1. Being unable to establish full compliance with sub-paragraph M.A.801 (b) means that the
paragraph (h), when the maintenance prescribed cannot be completed, a certificate
maintenance required by the aircraft owner or M.A. Subpart G organisation could not be completed due
of release to service may be issued within the approved aircraft limitations. Such either to running out of available aircraft maintenance
fact together downtime for the scheduled check or by virtue of the condition of the aircraft requiring additional
with any applicable limitations of the airworthiness or the operations shall be maintenance downtime.
2. The aircraft owner or M.A. Subpart G organisation is responsible for ensuring that all required
entered in the aircraft certificate of release to service before its issue as part of the
maintenance has been carried out before flight. Therefore an aircraft owner or M.A. Subpart G
information required in paragraph (f)4; organisation should be informed and agree to the deferment of full compliance with M.A. 801(b). The
certificate of release to service may then be issued subject to details of the deferment, including the
aircraft owner or M.A. Subpart G organisation authorisation, being endorsed on the certificate.
3. If a certificate of release to service is issued with incomplete maintenance a record should be kept
stating what action the mechanic, supervisor and certifying staff should take to bring the matter to the
attention of the relevant aircraft owner or M.A. Subpart G organisation so that the issue may be
63
discussed and resolved with the aircraft owner or M.A. Subpart G organisation.

AMC M.A.801 (h) Aircraft certificate of release to service


(h) A certificate of release to service shall not be issued in the case of any known Endangers flight safety means any instance where safe operation could not be assured or which could lead to
noncompliance which endangers flight safety. an unsafe condition. It typically includes, but is not limited to, significant cracking, deformation, corrosion or
failure of primary structure, any evidence of burning, electrical arcing, significant hydraulic fluid or fuel
leakage and any emergency system or total system failure. An airworthiness directive overdue for compliance
is also considered a hazard to 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
AMC M.A.802 Component certificate of release to service
maintenance carried out on an aircraft component in accordance with point When an approved organisation maintains an aircraft component for use by the organisation an EASA
M.A.502. Form 1 may not be necessary depending upon the organisations internal release procedures, however
all the information normally required for the EASA Form 1 should be adequately detailed in the
certificate of release to service.
(b) The authorised release certificate identified as EASA Form 1 constitutes the
component certificate of release to service, except when such maintenance on
aircraft components has been performed in accordance with point M.A.502(b) or
point M.A.502(d), in which case the maintenance is subject to aircraft release
procedures in accordance with point M.A.801.

M3
M.A.803 Pilot-owner authorisation
R4 AMC M.A.803 Pilot-owner authorisation
(a) To qualify as a Pilot-owner, the person must: 1. Privately operated means the aircraft is not operated pursuant to M.A.201 (h) and (i).
1. hold a valid pilot licence (or equivalent) issued or validated by a Member State 2. A Pilot-owner may only issue a certificate of release to service for maintenance he/ she has performed.
for the aircraft type or class rating; and 3. In the case of a jointly-owned aircraft, the maintenance programme should list:
The names of all Pilot-owners competent and designated to perform Pilot-owner maintenance in
2. own the aircraft, either as sole or joint owner; that owner must be:
accordance with the basic principles described in
(i) one of the natural persons on the registration form; or Appendix VIII of Part-M. An alternative would be the maintenance programme to contain a procedure
(ii) a member of a non-profit recreational legal entity, where the legal entity is to ensure how such a list of competent Pilot-owners
specified on the registration document as owner or operator, and that member is should be managed separately and kept current.
The limited maintenance tasks they may perform.
directly involved in the decision making process of the legal entity and designated
4. An equivalent valid Pilot-owner license may be any document attesting a pilot qualification recognised
by that legal entity to carry out Pilot-owner maintenance. by the Member State. It does not have to be necessarily issued by the competent authority, but it should
(b) For any privately operated non-complex motor-powered aircraft of 2730 kg in any case be issued in accordance with the particular Member States system, awaiting the European
MTOM and below, sailplane, powered sailplane or balloon, the Pilot-owner may pilot licensing system. In such a case, the equivalent certificate or qualification number should be used
instead of the pilots licence number for the purpose of the M.A.801(b)3 (certificate of release to service).
issue a certificate of release to service after limited Pilot-owner maintenance as
specified in
Appendix VIII.
(c) The scope of the limited Pilot-owner maintenance shall be specified in the
aircraft maintenance programme referred to in point M.A.302.

64
(d) The certificate of release to service shall be entered in the logbooks and contain
basic details of the maintenance carried out, the maintenance data used, the date on
which that maintenance was completed and the identity, the signature and pilot
licence number of the Pilot-owner issuing such a certificate.

B
SUBPART I
AIRWORTHINESS REVIEW CERTIFICATE
M3 R4 AMC M.A.901 Aircraft airworthiness review
In order to ensure the validity of the aircraft airworthiness certificate, M.A.901 requires performing
M.A.901 Aircraft airworthiness review periodically an airworthiness review of the aircraft and its continuing airworthiness records, which results in
To ensure the validity of the aircraft airworthiness certificate an airworthiness the issuance of an airworthiness review certificate valid for one year.
review of the aircraft and its continuing airworthiness records shall be carried out Any airworthiness review certificate or equivalent document issued in accordance with the Member State
periodically. requirements and valid on the date of entry into force of Part-M, Subpart I, is considered to attest the validity of
the aircraft airworthiness certificate until its expiration or until one year after the entry into force of Part-M,
Subpart I, whichever comes first. As a consequence, it is not necessarily required for the competent authority to
re-issue all national airworthiness review certificates on the date of entry into force of Part-M, Subpart-I, being
possible to wait until the limit mentioned above. However, when transferring the registration of the aircraft
within the EU, this national airworthiness review certificate may not be recognised by the importing authority,
and a new airworthiness review certificate may need to be issued in accordance with M.A.904.
(a) An airworthiness review certificate is issued in accordance with Appendix III
AMC M.A.901 (a) Aircraft airworthiness review
(EASA Form 15a or 15b) on completion of a satisfactory airworthiness review. The EASA Form 15a is issued by competent authorities while EASA Form 15b is issued by a M.A. Subpart G
airworthiness review certificate is valid one year; organisation.
(b) An aircraft in a controlled environment is an aircraft (i) continuously managed
AMC M.A.901 (b) Aircraft airworthiness review
during the previous 12 months by a unique continuing airworthiness management R4 1. If the continuing airworthiness of the aircraft is not managed according to a Part-M appendix I
organisation approved in accordance with Sec-tion A, Subpart G, of this Annex arrangement between the owner and the M.A. Subpart G organisation, the aircraft should be considered to be
(Part M), and outside a controlled environment. Nevertheless, such arrangement is not necessary when the operator and the
(ii) which has been maintained for the previous 12 months by maintenance M.A. Subpart G organisation are the same organisation.
2. The fact that limited pilot-owner maintenance as defined in M.A.803 (b) is not carried out and released by an
organisations approved in accordance with Section A, Subpart F of this Annex approved maintenance organisation does not change the status of an aircraft in a controlled environment
(Part M), or with Annex II (Part 145). This includes maintenance tasks referred to providing the M.A. Subpart G organisation under contract has been informed of any such maintenance carried
in point M.A.803(b) carried out and released to service in accordance with point out.
M.A.801(b)2 or point M.A.801(b)3;

(c) For all aircraft used in commercial air transport, and aircraft above 2730 kg R4 AMC M.A.901 (c)(2), (e)(2) and (f) Aircraft airworthiness review
When the aircraft has remained within a controlled environment, the extension of the validity of the
MTOM, except balloons, that are in a controlled environment, the organisation
airworthiness review certificate does not require an airworthiness review but only a verification of the
referred to in (b) managing the continuing airworthiness of the aircraft may, if continuous compliance with M.A.901 (b).
appropriately It is acceptable to anticipate the extension of the airworthiness review certificate by a maximum of 30
approved, and subject to compliance with paragraph (k): days without a loss of continuity of the airworthiness review pattern, which means that the new
expiration date is set up one year after the previous expiration
1. issue an airworthiness review certificate in accordance with point M.A.710, and; date. This anticipation of up to 30 days also applies to the 12 month requirements shown in M.A.901(b),
65
meaning that the aircraft is still considered as being in a controlled environment if it has been
continuously managed by a single organisation and maintained
2. for the airworthiness review certificates it has issued, when the aircraft has
by appropriately approved organisations, as stated in M.A.901(b), from the date when the last
remained within a controlled environment, extend twice the validity of the airworthiness review certificate was issued until the date when the extension is performed (this can be up
airworthiness review certificate for a period of one year each time; to 30 days less than 12 months).
It is also acceptable to perform the extension of an airworthiness review certificate after its expiration
date, as long as all the conditions for the extension are met. However, this means the following:
The aircraft could not fly since the airworthiness review certificate expired until it is extended, and
The new expiration date (after extension) is set one year after the previous expiration date (not one
year after the extension is performed).

(d) For all aircraft used in commercial air transport and aircraft above 2730 kg AMC M.A.901 (d) and (g) Aircraft airworthiness review
R4 The recommendation sent by a continuing airworthiness management organisation (CAMO) or by
MTOM, except balloons, that
M.A.901(g) certifying staff to the competent authority of the Member State of registry should be, at least,
(i) are not in a controlled environment, or in English when the Member State of registry is different from the CAMOs Member State. Otherwise it
(ii) which continuing airworthiness is managed by a continuing airworthiness can be completed in the official language(s) of the CAMOs Member State.
management organisation that does not hold the privilege to carry out The recommendation sent to the competent authority should contain at least the items described below.
(a) General information
airworthiness reviews, the airworthiness review certificate shall be issued by the
- M.A. Subpart G organisation information
competent authority upon satisfactory assessment based on a recommendation - owner/lessee information
made by a continuing airworthiness - date and place the document review and the aircraft survey were carried out
management organisation appropriately approved in accordance with Section A, - period and place the aircraft can be seen if required by the competent authority
(b) Aircraft information
Subpart G of this Annex (Part M) sent together with the application from the
- registration
owner or operator. This recommendation shall be based on an airworthiness review - type
carried out in accordance with point M.A.710; - manufacturer
(e) For aircraft not used in commercial air transport of 2730 kg MTOM and below, - serial number
- flight manual reference
and balloons, any continuing airworthiness management organisation approved in - weight and centre of gravity data
accordance with Section A, Subpart G of this Annex (Part M) and appointed by the - maintenance programme reference
owner or operator may, if appropriately approved and subject to paragraph (k): (c) Documents accompanying the recommendation
1. issue the airworthiness review certificate in accordance with point M.A.710, and; - copy of registration papers
- copy of the owners request for a new airworthiness review certificate
2. for airworthiness review certificates it has issued, when the aircraft has remained (d) Aircraft status
within a controlled environment under its management, extend twice the validity of - aircraft total time and cycles
the airworthiness review certificate for a period of one year each time; - list of persons or organisations having carried out continuing airworthiness activities including
maintenance tasks on the aircraft and its components since the last airworthiness review certificate
(e) Aircraft survey
- a precise list of the areas of the aircraft that were surveyed and their status (f) Findings
- a list of all the findings made during the airworthiness review with the corrective action carried out
(g) Statement
A statement signed by the airworthiness review staff recommending the issue of an airworthiness review
certificate.
The statement should confirm that the aircraft in its current configuration complies with the following:
- airworthiness directives up to the latest published issue, and;

66
- type certificate datasheet, and;
- maintenance programme, and;
- component service life limitations, and;
- the valid weight and centre of gravity schedule reflecting the current configuration
of the aircraft, and;
- Part 21 for all modifications and repairs, and;
- the current flight manual including supplements, and;
- operational requirements.
The above items should clearly state the exact reference of the data used in establishing compliance; for
instance the number and issue of the type certificate data sheet used should be stated.
The statement should also confirm that all of the above is properly entered and certified in the aircraft
continuing airworthiness record system and/or in the operators technical log.
(f) By derogation from points M.A.901(c)2 and M.A.901(e)2, for aircraft that are in
a controlled environment, the organisation referred to in (b) managing the
continuing airworthiness of the aircraft, subject to compliance with paragraph (k),
may extend
twice for a period of one year each time the validity of an airworthiness review
certificate that has been issued by the competent authority or by another
continuing airworthiness management organisation approved in accordance with
Section A, Subpart G of this Annex (Part M);
(g) By derogation from points M.A.901(e) and M.A.901(i)2, for ELA1 aircraft not
R4 AMC M.A.901 (g) Aircraft airworthiness review
used in commercial air transport and not affected by point M.A.201(i), the The words certifying staff mean that the personnel meet at the time of the airworthiness review all the Part-
airworthiness review certificate may also be issued by the competent authority 66 requirements to be certifying staff for the aircraft subject to review (including also continuing experience
upon satisfactory assessment, based on a recommendation made by certifying staff requirements), which in some cases may
formally approved by the competent authority and complying with provisions of refer to national rules.
The formal acceptance of the certifying staff by the competent authority should only be granted after
Annex III (Part-66) as well as requirements laid down in point M.A.707(a)2(a), sent verification of the qualifications and after the satisfactory performance of an airworthiness review under
together with the supervision of the competent authority.
application from the owner or operator. This recommendation shall be based on an The sentence shall not be issued for more than two consecutive years means that every three years the
airworthiness review carried out in accordance with point M.A.710 and shall not be airworthiness review has to be performed by the competent authority or by an appropriately approved M.A.
Subpart G organisation.
issued for more than two consecutive years;
(h) Whenever circumstances reveal the existence of a potential safety threat, the
competent authority shall carry out the airworthiness review and issue the
airworthiness review certificate itself;
(i) In addition to paragraph (h), the competent authority may also carry out the
airworthiness review and issue the airworthiness review certificate itself in the
following cases:
M4
1. when the aircraft is managed by a continuing airworthiness management
organisation approved in
accordance with Section A, Subpart G of this Annex (Part M) located in a third
67
country,
M3
2. for all balloons and any other aircraft of 2730 kg MTOM and below, if it is
requested by the owner;
(j) When the competent authority carries out the airworthiness review and/or issues
AMC M.A.901 (j) Aircraft airworthiness review
the airworthiness review certificate itself, the owner or operator shall provide the Suitable accommodation should include:
competent authority with: a) an office with normal office equipment such as desks, telephones, photocopying machines etc. whereby the
1. the documentation required by the competent authority; and continuing airworthiness records can be reviewed.
2. suitable accommodation at the appropriate location for its personnel; and b) a hangar when needed for the physical survey.
The support of personnel appropriately qualified in accordance with Part-66 is necessary when the competent
3. when necessary, the support of personnel appropriately qualified in accordance authoritys airworthiness review staff is not appropriately qualified.
with Annex III (Part-66) or equivalent personnel requirements laid down in point
145.A.30(j)(1) and (2) of Annex II (Part 145);
(k) An airworthiness review certificate cannot be issued nor extended if there is
evidence or reason to believe that the aircraft is not airworthy.

B
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

68
M.A.903 Transfer of aircraft registration within the EU AMC M.A.903 (a)(1) Transfer of aircraft registration within the EU
R4 The applicant should notify to the competent authority within the former Member State of registry
(a) When transferring an aircraft registration within the EU, the applicant shall:
so as to allow the proper transfer of information between the two competent authorities during the
1. inform the former Member State in which Member State it will be registered, aircraft transfer process. The transfer of information should include, if applicable, notification that the
then; airworthiness review certificate of the aircraft being transferred was issued in accordance with Member
2. apply to the new Member State for the issuance of a new airworthiness certificate State requirements as allowed by (EC) 2042/2003, Article 3.4.
in accordance with Part 21.
(b) Notwithstanding M.A.902(a)(3), the former airworthiness review certificate AMC M.A.903 (b) Transfer of aircraft registration within the EU
In case of transfer of aircraft registration within EU, the aircraft owner/ operator should verify that the
shall remain valid until its expiry date. competent authority of the new Member State of registry has entered the new aircraft registration on the
existing airworthiness review certificate and validated
the change.

M.A.904 Airworthiness review of aircraft imported


into the EU
M3 AMC M.A.904 (a)(1) Airworthiness reviews of aircraft imported into the EU
In order to allow for possible participation of authority personnel, the applicant should inform the competent
(a) When importing an aircraft onto a Member State register from a third country, authority at least 10 working days in advance of the time and location of the airworthiness review.
the applicant shall:
1. apply to the Member State of registry for the issuance of a new airworthiness
certificate in accordance with the Annex (Part-21) to Regulation (EC) 1702/2003;
And

2. for aircraft other than new, have a airworthiness review carried out satisfactorily AMC M.A.904 (a)(2) Airworthiness reviews of aircraft
imported into the EU
in accordance with point M.A.901; and 1. When performing an airworthiness review of aircraft imported into the EU the aircraft and the relevant
3. have all maintenance carried out to comply with the approved maintenance records should be reviewed to determine the work to be undertaken to establish the airworthiness of the
programme in accordance with point M.A.302. aircraft.
2. In determining the work to be undertaken during the airworthiness review on the aircraft, the following
should be taken into consideration:
a - the information from third country authorities such as export certificates, primary authority information;
b - the information on aircraft maintenance history such as continuing airworthiness records, aircraft, engine,
propeller, rotor and life limited part log books or cards as appropriate, tech log / flight log / cabin log, list of
deferred defects, total flight times and cycles, times and cycles since last maintenance, accident history, former
maintenance schedule, former AD compliance status;
c - the information on aircraft such as aircraft, engine and propeller type certificate datasheets, noise and
emission certificate data sheets, flight manual and supplements;
d - the aircraft continuing airworthiness status such as the aircraft and component AD status, the SB status, the
maintenance status, the status of all service life limited components, weight and centre of gravity schedule
including equipment list;
e - the modification and repair status of the aircraft detailing elements such as owner/operator designed
modifications and repairs, STCs, and parts needing European parts approval (EPA);
f - the aircraft cabin configuration such as emergency equipment fitted, cockpit configuration, placards,
instrument limitations, cabin layout;

69
g - the maintenance needed for import, such as embodiment of modifications needed to comply with the EASA
type certificate, bridging check to comply with the new maintenance programme;
h - the avionics such as, but not limited to, radio and navigation equipment, instrument flight rules (IFR)
equipment, digital flight data recorder (DFDR) / cockpit voice recorder (CVR) test, ELT 406 MHz code and
identification;
i - the compass compensation;
j - special operating rules such as extended twin-engine operations (ETOPS)/ long range operations (LROPS),
reduced vertical separation minima (RVSM), MNPS, all weather operations (AWOPS), RNAV;
k - the aircraft survey including verification of conformity with the flight manual and the datasheet, presence of
fire proof identification plates, conformity of markings including registration, presence and serviceability of
emergency equipment, internal and external lighting systems, and,
l - check flight including check of control system / cockpit ground check / engine run up.
3. If there is no M.A. Subpart G organisation approved for the specific aircraft type available, the competent
authority may carry out the airworthiness review in accordance with this paragraph and the provisions M.A.901
(h) and M.B.902. In this case, the airworthiness review should be requested to the competent authority with a
30-day notice.

(b) When satisfied that the aircraft is in compliance with the relevant requirements, AMC M.A.904 (b) Airworthiness review of aircraft
imported into the EU
the continuing airworthiness management organisation, if applicable, shall send a
The recommendation sent to the competent authority should contain at least the items described below.
documented recommendation for the issuance of an airworthiness review certificate (a) All the information set forth by AMC M.A 901(d) & (g)
to the Member State of registry. (b) Aircraft information
- aircraft assigned registration
- state of manufacturer
- previous registration
- export certificate number
- TC and TC data sheet numbers
- noise and emissions TC and TC data sheet numbers
- comparison of prior maintenance programme with the proposed new maintenance programme.
(c) Documents accompanying the recommendation
- copy of the application, and;
- original export certificate, and;
- copy of the approvals of the flight manual and its supplements, and;
- list of ADs incorporated up to the latest published issue, and;
- proposed new maintenance programme, and;
- status of all service life limited components, and;
- the valid weight and centre of gravity schedule reflecting the current configuration of the aircraft, and;
- Part-21 approval reference for all modifications and repairs.
(d) Maintenance
- a copy of the work packages requested by the subpart G organisation including details of any bridging
check to ensure all the necessary maintenance has been carried out.
(e) Aircraft check flight
- a copy of the check flight report

B
70
(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.
M4
(c) After receipt of notification of findings according to point M.B.903, the person
or organisation accountable referred to in point 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.

71
Appendix I
Continuing Airworthiness Arrangement
1. When an owner contracts an M.A. Subpart G approved continuing airworthiness organisation in accordance with M.A.201 to carry out continuing airworthiness
management tasks, upon request by the competent authority a copy of the arrangement shall be sent by the owner to the competent authority of the Member State of
registry once it has been signed by both parties.
2. The arrangement shall be developed taking into account the requirements of Part M and shall define the obligations of the signatories in relation to continuing
airworthiness of the aircraft.
3. It shall contain as a minimum the:
aircraft registration,
aircraft type,
aircraft serial number,
aircraft owner or registered lessee's name or company details including the address, M.A. Subpart G approved continuing airworthiness organisation details including
the address.
4. It shall state the following:
The owner entrusts to the approved organisation the management of the continuing airworthiness of the aircraft, the development of a maintenance programme that
shall be approved by the airworthiness authorities of the Member State where the aircraft is registered, and the organisation of the maintenance of the aircraft according
to said maintenance programme in an approved organisation.
According to the present arrangement, both signatories undertake to follow the respective obligations of this arrangement.
The owner certifies, to the best of their belief that all the information given to the approved organisation concerning the continuing airworthiness of the aircraft is and will
be accurate and that the aircraft will not be altered without prior approval of the approved organisation.
In case of any non-conformity with this arrangement, by either of the signatories, it will become null. In such a case, the owner will retain full responsibility for every task
linked to the continuing airworthiness of the aircraft and the owner will undertake to inform the competent authorities of the Member State of registry within two full
weeks.
5. When an owner contracts an M.A. Subpart G approved continuing airworthiness organisation in accordance with M.A.201 the obligations of each party shall be shared
as follows:
M3
5.1. Obligations of the approved organisation:
1. have the aircraft type in the scope of its approval;
2. respect the conditions to maintain the continuing airworthiness of the aircraft listed below:
(a) develop a maintenance programme for the aircraft, including any reliability programme developed, if applicable;
(b) declare the maintenance tasks (in the maintenance programme) that may be carried out by the pilot-owner in accordance with point M.A.803(c);
(c) organise the approval of the aircrafts maintenance programme;
(d) once it has been approved, give a copy of the aircrafts maintenance programme to the owner;
(e) organise a bridging inspection with the aircrafts prior maintenance programme;
72
(f) organise for all maintenance to be carried out by an approved maintenance organisation;
(g) organise for all applicable airworthiness directives to be applied;
(h) organise for all defects discovered during scheduled maintenance, airworthiness reviews or reported by the owner to be corrected by an approved maintenance organisation;
(i) coordinate scheduled maintenance, the application of airworthiness directives, the replacement of life limited parts, and component inspection requirements;
(j) inform the owner each time the aircraft shall be brought to an approved maintenance organisation;
(k) manage all technical records;
(l) archive all technical records;
3. organise the approval of any modification to the aircraft in accordance with Annex (Part-21) to Regulation (EC) No 1702/2003 before it is embodied;
4. organise the approval of any repair to the aircraft in accordance with the Annex (Part-21) to Regulation (EC) No 1702/2003 before it is carried out;
5. inform the competent authority of the Member State of registry whenever the aircraft is not presented to the approved maintenance organisation by the owner as requested by the
approved organisation;
6. inform the competent authority of the Member State of registry whenever the present arrangement has not been respected;
7. carry out the airworthiness review of the aircraft when necessary and issue the airworthiness review certificate or the recommendation to the competent authority of the Member
State of registry;
8. send within 10 days a copy of any airworthiness review certificate issued or extended to the competent authority of the Member State of registry;
9. carry out all occurrence reporting mandated by applicable regulations;
10. inform the competent authority of the Member State of registry whenever the present arrangement is denounced by either party.
5.2. Obligations of the owner
1. have a general understanding of the approved maintenance programme;
2. have a general understanding of this Annex (Part-M);
3. present the aircraft to the approved maintenance organisation agreed with the approved organisation at the due time designated by the approved organisations request;
4. not modify the aircraft without first consulting the approved organisation;
5. inform the approved organisation of all maintenance exceptionally carried out without the knowledge and control of the approved organisation;
6. report to the approved organisation through the logbook all defects found during operations;
7. inform the competent authority of the Member State of registry whenever the present arrangement is denounced by either party;
8. inform the competent authority of the Member State of registry and the approved organisation whenever the aircraft is sold;
9. carry out all occurrence reporting mandated by applicable regulations;
10. inform on a regular basis the approved organisation about the aircraft flying hours and any other utilisation data, as agreed with the approved organisation;
11. enter the certificate of release to service in the logbooks as mentioned in point M.A.803(d) when performing pilot-owner maintenance without exceeding the limits of the
maintenance tasks list as declared in the approved maintenance programme as laid down in point M.A.803(c);
12. inform the approved continuing airworthiness management organisation responsible for the management of the continuing airworthiness of the aircraft not later than 30 days
after completion of any pilot-owner maintenance task in accordance with point M.A.305(a).

73
M4
Appendix II
Authorised Release Certificate EASA Form 1
These instructions relate only to the use of the EASA Form 1 for maintenance purposes. Attention is drawn to Appendix I to Annex (Part-21) of Regulation (EC) No 1702/2003
which covers the use of the EASA Form 1 for production purposes.
1. PURPOSE AND USE
1.1. The primary purpose of the Certificate is to declare the airworthiness of maintenance work undertaken on products, parts and appliances (hereafter referred to as item(s)).
1.2. Correlation must be established between the Certificate and the item(s).
The originator must retain a Certificate in a form that allows verification of the original data.
1.3. The Certificate is acceptable to many airworthiness authorities, but may be dependent on the existence of bilateral agreements and/or the policy of the airworthiness authority.
The approved design data mentioned in this Certificate then means approved by the airworthiness authority of the importing country.
1.4. The Certificate is not a delivery or shipping note.
1.5. Aircraft are not to be released using the Certificate.
1.6. The Certificate does not constitute approval to install the item on a particular aircraft, engine, or propeller but helps the end user determine its airworthiness approval status.
1.7. A mixture of production released and maintenance released items is not permitted on the same Certificate.
2. GENERAL FORMAT
2.1. The Certificate must comply with the format attached including block numbers and the location of each block. The size of each block may however be varied to suit the
individual application, but not to the extent that would make the Certificate unrecognisable.
2.2. The Certificate must be in landscape format but the overall size may be significantly increased or decreased so long as the Certificate remains recognisable and legible. If in
doubt consult the Competent Authority.
2.3. The User/Installer responsibility statement can be placed on either side of the form.
2.4. All printing must be clear and legible to permit easy reading.
2.5. The Certificate may either be pre-printed or computer generated but in either case the printing of lines and characters must be clear and legible and in accordance with the
defined format.
2.6. The Certificate should be in English, and if appropriate, in one or more other languages.
2.7. The details to be entered on the Certificate may be either machine/- computer printed or hand-written using block letters and must permit easy reading.
2.8. Limit the use of abbreviations to a minimum, to aid clarity.
2.9. The space remaining on the reverse side of the Certificate may be used by the originator for any additional information but must not include any certification statement. Any use
of the reverse side of the Certificate must be referenced in the appropriate block on the front side of the Certificate
3. COPIES
3.1. There is no restriction in the number of copies of the Certificate sent to the customer or retained by the originator.
4. ERROR(S) ON A CERTIFICATE
4.1. If an end-user finds an error(s) on a Certificate, he must identify it/them in writing to the originator. The originator may issue a new Certificate only if the error(s) can be
verified and corrected.
4.2. The new Certificate must have a new tracking number, signature and date.
4.3. The request for a new Certificate may be honoured without re-verification of the item(s) condition. The new Certificate is not a statement of current condition and should refer
to the previous Certificate in block 12 by the following statement; This Certificate corrects the error(s) in block(s) [enter block(s) corrected] of the Certificate [enter original
74
tracking number] dated [enter original issuance date] and does not cover conformity/condition/release to service. Both Certificates should be retained according to the retention
period associated with the first.
5. COMPLETION OF THE CERTIFICATE BY THE ORIGINATOR
Block 1 Approving Competent Authority/Country
State the name and country of the competent authority under whose jurisdiction this Certificate is issued. When the competent authority is the Agency, only EASA must be stated.
Block 2 EASA Form 1 header
AUTHORISED RELEASE CERTIFICATE EASA FORM 1
Block 3 Form Tracking Number
Enter the unique number established by the numbering system/procedure of the organisation identified in block 4; this may include alpha/numeric characters.
Block 4 Organisation Name and Address
Enter the full name and address of the approved organisation (refer to EASA form 3) releasing the work covered by this Certificate. Logos, etc., are permitted if the logo can be
contained within the block.
Block 5 Work Order/Contract/Invoice
To facilitate customer traceability of the item(s), enter the work order number, contract number, invoice number, or similar reference number.
Block 6 Item
Enter line item numbers when there is more than one line item. This block permits easy cross-referencing to the Remarks block 12.
Block 7 Description
Enter the name or description of the item. Preference should be given to the term used in the instructions for continued airworthiness or maintenance data (e.g. Illustrated Parts
Catalogue, Aircraft Maintenance Manual, Service Bulletin, Component Maintenance Manual).
Block 8 Part Number
Enter the part number as it appears on the item or tag/packaging. In case of an engine or propeller the type designation may be used.
Block 9 Quantity
State the quantity of items.
Block 10 Serial Number
If the item is required by regulations to be identified with a serial number, enter it here. Additionally, any other serial number not required by regulation may also be entered. If there
is no serial number identified on the item, enter N/A.
Block 11 Status/Work
The following describes the permissible entries for block 11. Enter only one of these terms where more than one may be applicable, use the one that most accurately describes the
majority of the work performed and/or the status of the article.
(i) Overhauled. Means a process that ensures the item is in complete conformity with all the applicable service tolerances specified in the type certificate holders, or equipment
manufacturers instructions for continued airworthiness, or in the data which is approved or accepted by the Authority. The item will be at least disassembled, cleaned, inspected,
repaired as necessary, reassembled and tested in accordance with the above specified data.
(ii) Repaired. Rectification of defect(s) using an applicable standard (*).
(iii) Inspected/Tested. Examination, measurement, etc. in accordance with an applicable standard (*) (e.g. visual inspection, functional testing, bench testing etc.).
(iv) Modified. Alteration of an item to conform to an applicable standard (*).
Block 12 Remarks
Describe the work identified in Block 11, either directly or by reference to supporting documentation, necessary for the user or installer to determine the airworthiness of item(s) in

75
relation to the work being certified. If necessary, a separate sheet may be used and referenced from the main EASA Form 1.
Each statement must clearly identify which item(s) in Block 6 it relates to. Examples of information to be entered in block 12 are:
(i) Maintenance data used, including the revision status and reference.
(ii) Compliance with airworthiness directives or service bulletins.
(iii) Repairs carried out.
(iv) Modifications carried out.
(v) Replacement parts installed.
(vi) Life limited parts status.
(vii) Deviations from the customer work order.
(viii) Release statements to satisfy a foreign Civil Aviation Authority maintenance requirement.
(ix) Information needed to support shipment with shortages or re-assembly after delivery.
(x) For maintenance organisations approved in accordance with Subpart F of Annex I (Part-M), the component certificate of release to service statement referred to in point
M.A.613:
Certifies that, unless otherwise specified in this block, the work identified in block 11 and described in this block was accomplished in accordance to the requirements of Section A,
Subpart F of Annex I (Part-M) to Regulation (EC) No 2042/2003 and in respect to that work the item is considered ready for release to service. THIS IS NOT A RELEASE UNDER
ANNEX II (PART-145) TO REGULATION (EC) NO 2042/2003.
If printing the data from an electronic EASA Form 1, any appropriate data not fit for other blocks should be entered in this block.
Block 13a-13e
General Requirements for blocks 13a-13e: Not used for maintenance release. Shade, darken, or otherwise mark to preclude inadvertent or unauthorised use.
(*) Applicable standard means a manufacturing/design/maintenance/quality standard, method, technique or practice approved by or acceptable to the Competent Authority.
The applicable standard shall be described in block 12.
Block 14a
Mark the appropriate box(es) indicating which regulations apply to the completed work. If the box other regulations specified in block 12 is marked, then the regulations of the
other airworthiness authority(ies) must be identified in block 12. At least one box must be marked, or both boxes may be marked, as appropriate.
For all maintenance carried out by maintenance organisations approved in accordance with Section A, Subpart F of Annex I (Part M) to Regulation (EC) No 2042/2003, the box
other regulation specified in block 12 shall be ticked and the certificate of release to service statement made in block 12. In that case, the certification statement unless otherwise
specified in this block is intended to address the following cases;
(a) Where the maintenance could not be completed.
(b) Where the maintenance deviated from the standard required by Annex I (Part-M).
(c) Where the maintenance was carried out in accordance with a requirement other than that specified in Annex I (Part-M). In this case block 12 shall specify the particular national
regulation. For all maintenance carried out by maintenance organisations approved in accordance with Section A of Annex II (Part-145) to Regulation (EC) No 2042/2003, the
certification statement unless otherwise specified in block 12 is intended to address the following cases:
(a) Where the maintenance could not be completed.
(b) Where the maintenance deviated from the standard required by Annex II (Part-145).
(c) Where the maintenance was carried out in accordance with a requirement other than that specified in Annex II (Part-145). In this case block 12 shall specify the particular
national regulation.

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Block 14b Authorised Signature
This space shall be completed with the signature of the authorised person. Only persons specifically authorised under the rules and policies of the Competent Authority are permitted
to sign this block. To aid recognition, a unique number identifying the authorised person may be added.
Block 14c Certificate/Approval Number
Enter the Certificate/Approval number/reference. This number or reference is issued by the Competent Authority.
Block 14d Name
Enter the name of the person signing block 14b in a legible form.
Block 14e Date
Enter the date on which block 14b is signed, the date must be in the format dd = 2 digit day, mmm = first 3 letters of the month, yyyy = 4 digit year
User/Installer Responsibilities
Place the following statement on the Certificate to notify end users that they are not relieved of their responsibilities concerning installation and use of any item accompanied by the
form:
THIS CERTIFICATE DOES NOT AUTOMATICALLY CONSTITUTE AUTHORITY TO INSTALL.
WHERE THE USER/INSTALLER PERFORMS WORK IN ACCORDANCE WITH REGULATIONS OF AN AIRWORTHINESS AUTHORITY DIFFERENT THAN THE
AIRWORTHINESS AUTHORITY SPECIFIED IN BLOCK 1, IT IS ESSENTIAL THAT THE USER/INSTALLER ENSURES THAT HIS/HER AIRWORTHINESS
AUTHORITY ACCEPTS ITEMS FROM THE AIRWORTHINESS AUTHORITY SPECIFIED IN BLOCK 1.
STATEMENTS IN BLOCKS 13A AND 14A DO NOT CONSTITUTE INSTALLATION CERTIFICATION. IN ALL CASES AIRCRAFT MAINTENANCE RECORDS MUST
CONTAIN AN INSTALLATION CERTIFICATION ISSUED IN ACCORDANCE WITH THE NATIONAL REGULATIONS BY THE USER/INSTALLER BEFORE THE
AIRCRAFT MAY BE FLOWN.

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M4
Appendix IV
Class and Ratings System to be used for the Approval of Maintenance
Organisations referred to in Annex I (Part-M) Subpart F and Annex II
(Part-145)
1. Except as stated otherwise for the smallest organisations in paragraph 12, the
table referred to in point 13 provides the standard system for the approval of
maintenance organisation under Subpart F of Annex I (Part-M) and Annex II
(Part-145). An organisation must be granted an approval ranging from a
single class and rating with limitations to all classes and ratings with
limitations.
2. In addition to the table referred to in point 13, the approved maintenance
organisation is required to indicate its scope of work in its maintenance
organisation manual/exposition. See also paragraph 11.
3. Within the approval class(es) and rating(s) granted by the competent
authority, the scope of work specified in the maintenance organisation
exposition defines the exact limits of approval. It is therefore essential
that the approval class(es) and rating(s) and the organisations scope of
work are matching.
4. A category A class rating means that the approved maintenance organisation
may carry out maintenance on the aircraft and any component (including
engines and/or Auxiliary Power Units (APUs), in accordance with aircraft
maintenance data or, if agreed by the competent authority, in accordance
with component maintenance data, only whilst such components are fitted to
the aircraft. Nevertheless, such A-rated approved maintenance organisation
may temporarily remove a component for maintenance, in order to improve
access to that component, except when such removal generates the need for
additional maintenance not eligible for the provisions of this paragraph. This
will be subject to a control procedure in the maintenance organisation exposition
to be approved by the competent authority. The limitation section will
specify the scope of such maintenance thereby indicating the extent of
approval.
5. A category B class rating means that the approved maintenance organisation
may carry out maintenance on the uninstalled engine and/or APU and
engine and/or APU components, in accordance with engine and/or APU
maintenance data or, if agreed by the competent authority, in accordance
with component maintenance data, only whilst such components are fitted to
the engine and/or APU. Nevertheless, such B-rated approved maintenance
organisation may temporarily remove a component for maintenance, in order
to improve access to that component, except when such removal generates
the need for additional maintenance not eligible for the provisions of this
paragraph. The limitation section will specify the scope of such maintenance
thereby indicating the extent of approval. A maintenance organisation
approved with a category B class rating may also carry out maintenance
on an installed engine during base and line maintenance subject to a
control procedure in the maintenance organisation exposition to be
approved by the competent authority. The maintenance organisation exposition
scope of work shall reflect such activity where permitted by the
competent authority.
6. A category C class rating means that the approved maintenance organisation
may carry out maintenance on uninstalled components (excluding engines
and APUs) intended for fitment to the aircraft or engine/APU. The limitation
section will specify the scope of such maintenance thereby indicating the
extent of approval. A maintenance organisation approved with a category C
class rating may also carry out maintenance on an installed component
during base and line maintenance or at an engine/APU maintenance
facility subject to a control procedure in the maintenance organisation exposition
to be approved by the competent authority. The maintenance organisation
exposition scope of work shall reflect such activity where permitted
by the competent authority.
7. A category D class rating is a self contained class rating not necessarily
related to a specific aircraft, engine or other component. The D1 Non
Destructive Testing (NDT) rating is only necessary for an approved maintenance
organisation that carries out NDT as a particular task for another
organisation. A maintenance organisation approved with a class rating

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in A or B or C category may carry out NDT on products it is maintaining
subject to the maintenance organisation exposition containing NDT
procedures, without the need for a D1 class rating.
8. In the case of maintenance organisations approved in accordance with
Annex II (Part-145), category A class ratings are subdivided into Base
or Line maintenance. Such an organisation may be approved for either
Base or Line maintenance or both. It should be noted that a Line
facility located at a main base facility requires a Line maintenance
approval.
9. The limitation section is intended to give the competent authorities the
flexibility to customise the approval to any particular organisation.
Ratings shall be mentioned on the approval only when appropriately
limited. The table referred to in point 13 specifies the types of limitation
possible. Whilst maintenance is listed last in each class rating it is
acceptable to stress the maintenance task rather than the aircraft or engine
type or manufacturer, if this is more appropriate to the organisation (an
example could be avionic systems installations and related maintenance).
Such mention in the limitation section indicates that the maintenance organisation
is approved to carry out maintenance up to and including this
particular type/task.
10. When reference is made to series, type and group in the limitation section
of class A and B, series means a specific type series such as Airbus 300 or
310 or 319 or Boeing 737-300 series or RB211-524 series or Cessna 150 or
Cessna 172 or Beech 55 series or continental O-200 series etc; type means a
specific type or model such as Airbus 310-240 type or RB 211-524 B4 type
or Cessna 172RG type; any number of series or types may be quoted; group
means for example Cessna single piston engine aircraft or Lycoming nonsupercharged
piston engines etc.
11. When a lengthy capability list is used which could be subject to frequent
amendment, then such amendment may be in accordance with the indirect
approval procedure referred to in points M.A.604(c) and M.B.606(c) or
145.A.70(c) and 145.B.40, as applicable.
12. A maintenance organisation which employs only one person to both plan
and carry out all maintenance can only hold a limited scope of approval
rating. The maximum permissible limits are:

It should be noted that such an organisation may be further limited by the competent authority in the scope of approval
dependent upon the capability of the particular organisation.

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13. Table

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B
Appendix VII
Complex Maintenance Tasks
M3
The following constitutes the complex maintenance tasks referred to in points M.A.502(d)3, M.A.801(b)2 and M.A.801(c):
B
1. The modification, repair or replacement by riveting, bonding, laminating, or welding of any of the following airframe
parts:
(a) a box beam;
(b) a wing stringer or chord member;
(c) a spar;
(d) a spar flange;
(e) a member of a truss-type beam;
(f) the web of a beam;
(g) a keel or chine member of a flying boat hull or a float;
(h) a corrugated sheet compression member in a wing or tail surface;
(i) a wing main rib;
(j) a wing or tail surface brace strut;
(k) an engine mount;
(l) a fuselage longeron or frame;
(m) a member of a side truss, horizontal truss or bulkhead;
(n) a seat support brace or bracket;
(o) a seat rail replacement;
(p) a landing gear strut or brace strut;
(q) an axle;
(r) a wheel; and
(s) a ski or ski pedestal, excluding the replacement of a low-friction coating.
2. The modification or repair of any of the following parts:
(a) aircraft skin, or the skin of an aircraft float, if the work requires the use of a support, jig or fixture;
(b) aircraft skin that is subject to pressurization loads, if the damage to the skin measures more than 15 cm (6 inches) in any
direction;
(c) a load-bearing part of a control system, including a control column, pedal, shaft, quadrant, bell crank, torque tube,
control horn and forged or cast bracket, but excluding
(i) the swaging of a repair splice or cable fitting, and
(ii) the replacement of a push-pull tube end fitting that is attached by riveting; and
(d) any other structure, not listed in (1), that a manufacturer has identified as primary structure in its maintenance manual,
structural repair manual or instructions for continuing airworthiness.
3. The performance of the following maintenance on a piston engine:
(a) dismantling and subsequent reassembling of a piston engine other than (i) to obtain access to the piston/cylinder
assemblies; or (ii) to remove the rear accessory cover to inspect and/or replace oil pump assemblies, where such work does
not involve the removal and re-fitment of internal gears;
(b) dismantling and subsequent reassembling of reduction gears;
(c) welding and brazing of joints, other than minor weld repairs to exhaust units carried out by a suitably approved or
authorised welder but excluding component replacement;
(d) the disturbing of individual parts of units which are supplied as bench tested units, except for the replacement or
adjustment of items normally replaceable or adjustable in service.
4. The balancing of a propeller, except:
(a) for the certification of static balancing where required by the maintenance manual;
(b) dynamic balancing on installed propellers using electronic balancing equipment where permitted by the maintenance
manual or other approved airworthiness data;
5. Any additional task that requires:
(a) specialized tooling, equipment or facilities; or
(b) significant coordination procedures because of the extensive duration of the tasks and the involvement of several
persons.

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M3
Appendix VIII
Limited Pilot-Owner Maintenance
In addition to the requirements laid down in Annex I (Part M), the following basic principles are to be complied with before
any maintenance task is carried out under the terms of Pilot-owner maintenance:
(a) Competence and responsibility
1. The Pilot-owner is always responsible for any maintenance that he performs.
2. Before carrying out any Pilot-owner maintenance tasks, the Pilot-owner must satisfy himself that he is competent to do
the task. It is the responsibility of Pilot-owners to familiarize themselves with the standard maintenance practices for their
aircraft and with the aircraft maintenance programme. If the Pilot-owner is not competent for the task to be
carried out, the task cannot be released by the Pilot-owner.
3. The Pilot-owner (or his contracted continuing airworthiness management organisation referred to in Subpart G, Section A
of this Annex) is responsible for identifying the Pilot-owner tasks according to these basic principles in the maintenance
programme and for ensuring that the document is updated in a timely manner.
4. The approval of the maintenance programme has to be carried out in accordance with point M.A.302.
(b) Tasks
The Pilot-owner may carry out simple visual inspections or operations to check for general condition and obvious damage
and normal operation of the airframe, engines, systems and components.
Maintenance tasks shall not be carried out by the Pilot-owner when the task:
1. is critically safety related, whose incorrect performance will drastically affect the airworthiness of the aircraft or is a flight
safety sensitive maintenance
task as specified in point M.A.402(a) and/or;
2. requires the removal of major components or major assembly and/or;
3. is carried out in compliance with an Airworthiness Directive or an Airworthiness Limitation Item, unless specifically
allowed in the AD or the ALI and/or;
4. requires the use of special tools, calibrated tools (except torque wrench and crimping tool) and/or;
5. requires the use of test equipments or special testing (e.g. NDT, system tests or operational checks for avionic equipment)
and/or;
6. is composed of any unscheduled special inspections (e.g. heavy landing check) and/or;
7. is effecting systems essential for the IFR operations and/or;
8. is listed in Appendix VII or is a component maintenance task in accordance with point M.A.502.
The criteria 1 to 8 listed above can not be overridden by less restrictive instructions issued in accordance with M.A.302(d)
Maintenance Programme.
Any task described in the aircraft flight manual as preparing the aircraft for flight (Example: assembling the glider wings or
pre-flight), is considered to be a pilot task and is not considered a Pilot-owner maintenance task and therefore does not
require a Certificate of Release to Service.
(c) Performance of the maintenance Pilot-owner tasks and records The maintenance data as specified in point M.A.401 must
be always available during the conduct of Pilot-owner maintenance and must be complied with. Details of the data referred
to in the conduct of Pilotowner maintenance must be included in the Certificate of Release to Service in accordance with
point M.A.803(d).
The Pilot-owner must inform the approved continuing airworthiness management organisation responsible for the
continuing airworthiness of the aircraft (if applicable) not later than 30 days after completion of the Pilot-owner
maintenance task in accordance with point M.A.305(a).

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