Commission Regulation (EU) No 1321/2014Dangos y teitl llawn

[F1 Article 1 U.K. Subject-matter and scope

This Regulation establishes common technical requirements and administrative procedures to ensure:

(a)

the continuing airworthiness of aircraft, including any component for installation thereto, which are:

(i)

registered in a Member State, unless their regulatory safety oversight has been delegated to a third country and they are not used by an EU operator; or

(ii)

registered in a third country and used by an EU operator, where their regulatory safety oversight has been delegated to a Member State;

(b)

compliance with the essential requirements set out in Regulation (EC) No 216/2008 for continuing airworthiness of aircraft registered in a third country and components for installation thereon for which their regulatory safety oversight has not been delegated to a Member State that are dry leased-in by a licence air carrier in accordance with Regulation (EC) No 1008/2008 of the European Parliament and the Council (1) .]

Textual Amendments

F1 Substituted by Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (Text with EEA relevance).

Article 2 U.K. Definitions

Within the scope of Regulation (EC) No 216/2008, the following definitions shall apply:

(a)

‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth's surface;

(b)

‘certifying staff’ means personnel responsible for the release of an aircraft or a component after maintenance;

(c)

‘component’ means any engine, propeller, part or appliance;

(d)

‘continuing airworthiness’ means all of the processes ensuring that, at any time in its operating life, the aircraft complies with the airworthiness requirements in force and is in a condition for safe operation;

(e)

‘JAA’ means ‘Joint Aviation Authorities.’;

(f)

‘JAR’ means ‘Joint Aviation Requirements’;

(g)

[F1 ‘ commercial air transport (CAT) operation ’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration;]

(h)

‘maintenance’ means any one or combination of the following activities: overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;

(i)

‘organisation’ means a natural person, a legal person or part of a legal person. Such an organisation may be established at more than one location whether or not within the territory of the Member States;

(j)

‘pre-flight inspection’ means the inspection carried out before flight to ensure that the aircraft is fit for the intended flight;

(k)

‘ELA1 aircraft’ means the following manned European light aircraft:

(i)

an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft;

(ii)

a sailplane or powered sailplane of 1 200 kg MTOM or less;

(iii)

a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m³ for hot air balloons, 1 050 m³ for gas balloons, 300 m³ for tethered gas balloons;

(iv)

an airship designed for not more than four occupants and a maximum design lifting gas or hot air volume of not more than 3 400 m³ for hot air airships and 1 000 m³ for gas airships;

(ka)

[F2 ‘ ELA2 aircraft ’ means the following manned European Light Aircraft:

(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;

(ii)

a sailplane or powered sailplane of 2 000 kg MTOM or less;

(iii)

a balloon;

(iv)

a hot air ship;

(v)

a gas airship complying with all of the following characteristics:

• 3 % maximum static heaviness,

• non-vectored thrust (except reverse thrust),

• conventional and simple design of structure, control system and ballonet system, and

• non-power assisted controls;

(vi)

a Very Light Rotorcraft;]

(l)

‘LSA aircraft’ means a light sport aeroplane which has all of the following characteristics:

(i)

a Maximum Take-off Mass (MTOM) of not more than 600 kg;

(ii)

a maximum stalling speed in the landing configuration (VS0) of not more than 45 knots Calibrated Airspeed (CAS) at the aircraft's maximum certificated take-off mass and most critical centre of gravity;

(iii)

a maximum seating capacity of no more than two persons, including the pilot;

(iv)

a single, non-turbine engine fitted with a propeller;

(v)

a non-pressurised cabin;

(m)

‘principal place of business’ means the head office or the registered office of the undertaking within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised[F1 ;]

(n)

[F3 ‘ critical maintenance task ’ means a maintenance task that involves the assembly or any disturbance of a system or any part on an aircraft, engine or propeller that, if an error occurred during its performance, could directly endanger the flight safety;

(o)

‘commercial specialised operations’ means those operations subject to the requirements of Part-ORO, Subpart-SPO set out in Annex III to Commission Regulation (EU) No 965/2012 (2) ;

(p)

‘ limited operations ’ means the operations of other-than-complex motor-powered aircraft for:

(i)

cost-shared flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six;

(ii)

competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority;

(iii)

introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and approved in accordance with Commission Regulation (EU) No 1178/2011 (3) , or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation;

For the purpose of this Regulation, ‘ limited operations ’ are not considered as CAT operations or commercial specialised operations;

(q)

‘ introductory flight ’ means ‘ introductory flight ’ as defined in Article 2(9) of Regulation (EU) No 965/2012;

(r)

‘ competition flight ’ means ‘ competition flight ’ as defined in Article 2(10) of Regulation (EU) No 965/2012;

(s)

‘ flying display ’ means ‘ flying display ’ as defined in Article 2(11) of Regulation (EU) No 965/2012.]

Textual Amendments

F1 Substituted by Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (Text with EEA relevance).

F2 Inserted by Commission Regulation (EU) 2015/1088 of 3 July 2015 amending Regulation (EU) No 1321/2014 as regards alleviations for maintenance procedures for general aviation aircraft.

F3 Inserted by Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (Text with EEA relevance).

Article 3 U.K. Continuing airworthiness requirements

[F1 1. The continuing airworthiness of aircraft referred to in Article 1(a) and components for installation thereon shall be ensured in accordance with the provisions of Annex I.

2. Organisations and personnel involved in the continuing airworthiness of aircraft referred to in Article 1(a) and components for installation thereon, including maintenance, shall comply with Annex I and where appropriate the provisions specified in Articles 4 and 5.

3. By way of derogation from paragraph 1, the continuing airworthiness of aircraft referred to in Article 1(a) 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 Annex I (Part-21) to Commission Regulation (EU) No 748/2012.]

[F2 4. Maintenance programmes approved in accordance with the requirements applicable before 27 July 2015 shall be deemed to have been approved in accordance with the requirements set out in this Regulation.]

[F3 5. The continuing airworthiness of aircraft referred to in Article 1(b) and components for installation thereon shall be ensured in accordance with the provisions of Annex Va.]

Textual Amendments

F1 Substituted by Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (Text with EEA relevance).

F2 Inserted by Commission Regulation (EU) 2015/1088 of 3 July 2015 amending Regulation (EU) No 1321/2014 as regards alleviations for maintenance procedures for general aviation aircraft.

F3 Inserted by Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (Text with EEA relevance).

Article 4 U.K. Maintenance organisation approvals

[F1 1. Maintenance organisation approvals shall be issued in accordance with the provisions of Annex I, Subpart F, or Annex II.]

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 Regulation (EC) No 2042/2003 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 recognised by a Member State prior to the entry into force of Regulation (EC) No 2042/2003 as providing an equivalent level of qualification, may continue to carry out and/or control such tests.

4. Certificates of release to service and authorised release certificates issued before the date of entry into force of Regulation (EC) No 1056/2008 by a maintenance organisation approved under the Member State requirements shall be deemed equivalent to those required under points M.A.801 and M.A.802 of Annex I (Part-M) respectively.

Textual Amendments

F1 Substituted by Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (Text with EEA relevance).

Article 5 U.K. Certifying staff

1. Certifying staff shall be qualified in accordance with the provisions of Annex III (Part-66), except as provided for in points M.A.606(h), M.A.607(b), M.A.801(d) and M.A.803 of Annex I (Part-M) and in point 145.A.30(j) and Appendix IV to Annex II (Part-145).

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 Regulation (EC) No 2042/2003, shall be deemed to have been issued in accordance with this Regulation.

3. Certifying staff holding a licence issued in accordance with Annex III (Part-66) in a given category/sub-category are deemed to have the privileges described in point 66.A.20(a) of the same Annex corresponding to such a category/sub-category. The basic knowledge requirements corresponding to these new privileges shall be deemed as met for the purpose of extending such licence to a new category/sub-category.

4. Certifying staff holding a licence including aircraft which do not require an individual type rating may continue to exercise his/her privileges until the first renewal or change, where the licence shall be converted following the procedure described in point 66.B.125 of Annex III (Part-66) to the ratings defined in point 66.A.45 of the same Annex.

5. Conversion reports and Examination credit reports complying with the requirements applicable before Regulation (EU) No 1149/2011 applied shall be deemed to be in compliance with this Regulation.

6. Until such time as this Regulation specifies requirements for certifying staff:

(i)

for aircraft other than aeroplanes and helicopters;

(ii)

for components;

the requirements in force in the relevant Member State shall continue to apply, except for maintenance organisations located outside the European Union where the requirements shall be approved by the Agency.

Article 6 U.K. Training organisation requirements

1. Organisations involved in the training of personnel referred to in Article 5 shall be approved in accordance with Annex IV (Part-147) to be entitled:

(a) to conduct recognised basic training courses; and/or

(b) to conduct recognised type training courses; and

(c) to conduct examinations; and

(d) to issue training certificates.

2. Any maintenance training organisation approval 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 Regulation (EC) No 2042/2003 shall be deemed to have been issued in accordance with this Regulation.

3. Type training courses approved before the approval of the minimum syllabus of certifying staff type rating training in the operational suitability data for the relevant type in accordance with Regulation (EU) No 748/2012 shall include the relevant elements defined in the mandatory part of that operational suitability data not later than 18 December 2017 or within two years after the operational suitability data was approved, whichever is the latest.

Article 7 U.K.

Regulation (EC) No 2042/2003 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VI.

Article 8 U.K. Entry into force

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

2. By way of derogation from paragraph 1, Member States may elect not to apply:

(a) for the maintenance of piston-engine non-pressurised aeroplanes of 2 000 kg MTOM and below not involved in commercial air transport,

until 28 September 2014, the requirement to have certifying staff qualified in accordance with Annex III (Part-66) contained in the following provisions:

• (a) points M.A.606(g) and M.A.801(b)2 of Annex I (Part-M),

• points 145.A.30(g) and (h) of Annex II (Part-145);

(b) for the maintenance of ELA1 aeroplanes not involved in commercial air transport, until [F4 28 September 2016]:

(i)

the requirement for the competent authority to issue aircraft maintenance licences in accordance with Annex III (Part-66), as new or as converted pursuant to point 66.A.70 of the same Annex;

(ii)

the requirement to have certifying staff qualified in accordance with Annex III (Part-66) contained in the following provisions:

• points M.A.606(g) and M.A.801(b)2 of Annex I (Part-M),

• points 145.A.30(g) and (h) of Annex II (Part-145)[F1 ;]

[F3 (c) for aircraft registered in a third country and dry leased-in by air carriers licenced in accordance with Regulation (EC) No 1008/2008, until 25 August 2017 , the requirements of Annex Va.]

[F3 2a. By way of derogation from paragraph 1, the requirements for aircraft used for commercial specialised operations and CAT other than those by air carriers licenced in accordance with Regulation (EC) No 1008/2008, set out in Regulation (EU) No 965/2012, as amended by Regulation (EU) No 379/2014 (4) , shall apply from 21 April 2017 .

Until that time:

• The provisions of Annex I, point M.A.201(f) shall apply to complex motor-powered aircraft used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;

• The provisions of Annex I, point M.A.201(h) shall apply to other than complex motor-powered aircraft, used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;

• The provisions of Annex I, point M.A.306(a) shall apply to aircraft used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and aircraft used by operators requested by a Member State to hold a certificate for commercial operations;

• The provisions of Annex I, point M.A.801(c) shall apply to ELA1 not used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and not used by commercial ATOs;

• The provisions of Annex I, point M.A.803(b) shall apply to non-complex motor-powered aircraft of 2 730 kg MTOM and below, sailplane, powered sailplane or balloon, not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs;

• The provisions of Annex I, point M.A.901(g) shall apply to ELA1 aircraft not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs.]

3. When a Member State makes use of the provisions of paragraph 2 it shall notify the Commission and the Agency.

4. For the purpose of time limits contained in points 66.A.25, 66.A.30 and Appendix III of Annex III (Part-66) related to basic knowledge examinations, basic experience, theoretical type training and examinations, practical training and assessment, type examinations and on the job training completed before [F4 Regulation (EU) No 1149/2011 applied, the origin of time shall be the date by which Regulation (EU) No 1149/2011] applied.

5. The Agency shall submit an opinion to the Commission including proposals for a simple and proportionate system for the licensing of certifying staff involved in the maintenance of ELA1 aeroplanes as well as aircraft other than aeroplanes and helicopters.

[F2 6. By way of derogation from paragraph 1:

(a) competent authorities or, where applicable, organisations may continue to issue certificates, previous issue, as laid down in Appendix III to Annex I (Part-M) or Appendix II and Appendix III to Annex IV (Part-147) to Regulation (EU) No 1321/2014, in force prior to 27 July 2015 , until 31 December 2015 .

(b) certificates issued before 1 January 2016 remain valid until they are changed, suspended or revoked.]

Textual Amendments

F1 Substituted by Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (Text with EEA relevance).

F2 Inserted by Commission Regulation (EU) 2015/1088 of 3 July 2015 amending Regulation (EU) No 1321/2014 as regards alleviations for maintenance procedures for general aviation aircraft.

F3 Inserted by Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (Text with EEA relevance).

F4 Substituted by Commission Regulation (EU) 2015/1088 of 3 July 2015 amending Regulation (EU) No 1321/2014 as regards alleviations for maintenance procedures for general aviation aircraft.

Article 9 U.K. Agency measures

1. The Agency shall develop acceptable means of compliance (hereinafter called ‘AMC’) that competent authorities, organisations and personnel may use to demonstrate compliance with the provisions of the Annexes to this Regulation.

2. The AMC issued by the Agency shall neither introduce new requirements nor alleviate the requirements of the Annexes to this Regulation.

3. Without prejudice to Articles 54 and 55 of Regulation (EC) No 216/2008, when the acceptable means of compliance issued by the Agency are used, the related requirements of the Annexes to this Regulation shall be considered as met without further demonstration.

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