Commission Regulation (EC) No 2042/2003 (repealed)Show full title

SECTION B U.K. PROCEDURE FOR COMPETENT AUTHORITIES

SUBPART A GENERAL U.K.

M.B.101 Scope U.K.

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

M.B.102 Competent authority U.K.

(a) General U.K.

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

(b) Resources U.K.

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

(c) Qualification and training U.K.

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

(d) Procedures U.K.

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

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

M.B.103 Acceptable means of compliance U.K.

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

M.B.104 Record-keeping U.K.

(a)

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

(b)

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

1.

the application for an organisation approval.

2.

the organisation approval certificate including any changes.

3.

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

4.

the competent authority continued oversight records including all audit records.

5.

copies of all relevant correspondence.

6.

details of any exemption and enforcement actions.

7.

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

8.

organisation exposition or manual and amendments.

9.

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

(c)

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

(d)

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

1.

aircraft certificate of airworthiness,

2.

airworthiness review certificates,

3.

Section A Subpart G organisation recommendations,

4.

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

5.

all relevant correspondence relating to the aircraft,

6.

details of any exemption and enforcement action(s),

7.

[F1 any document approved by the competent authority pursuant to Annex I (Part-M) or Annex III (EU-OPS) of Regulation (EEC) No 3922/91.]

(e)

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

(f)

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

Textual Amendments

F1 Substituted by Commission Regulation (EU) No 127/2010 of 5 February 2010 amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (Text with EEA relevance).

M.B.105 Mutual exchange of information U.K.

(a)

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

(b)

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

SUBPART B ACCOUNTABILITY U.K.

M.B.201 Responsibilities U.K.

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

SUBPART C CONTINUING AIRWORTHINESS U.K.

M.B.301 Maintenance programme U.K.

(a)

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

(b)

Except where stated otherwise in [F2 point M.A.302(c)] the maintenance programme and its amendments shall be approved directly by the competent authority.

(c)

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

(d)

In order to approve a maintenance programme according to paragraph (b), the competent authority shall have access to all the data required in [F2 points M.A.302(d), (e) and (f)].

Textual Amendments

F2 Substituted by Commission Regulation (EC) No 1056/2008 of 27 October 2008 amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (Text with EEA relevance).

M.B.302 Exemptions U.K.

All exemptions granted in accordance with [F2 Article 14(4)] of the basic Regulation shall be recorded and retained by the competent authority.

M.B.303 Aircraft continuing airworthiness monitoring U.K.

(a)

[F2 The competent authority shall develop a survey programme to monitor the airworthiness status of the fleet of aircraft on its register.]

(b)

The survey programme shall include sample product surveys of aircraft.

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

[F3 In order to facilitate appropriate enforcement action, competent authorities shall exchange information on non-compliances identified in accordance with paragraph (h).]

Textual Amendments

F3 Inserted by Commission Regulation (EC) No 1056/2008 of 27 October 2008 amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (Text with EEA relevance).

M.B.304 Revocation, suspension and limitation U.K.

The competent authority shall:

(a)

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

(b)

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

SUBPART D MAINTENANCE STANDARDS U.K.

(to be developed as appropriate)

SUBPART E COMPONENTS U.K.

(to be developed as appropriate)

SUBPART F MAINTENANCE ORGANISATION U.K.

M.B.601 Application U.K.

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

M.B.602 Initial Approval U.K.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

M.B.603 Issue of approval U.K.

(a)

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

(b)

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

(c)

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

M.B.604 Continuing oversight U.K.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

M.B.605 Findings U.K.

(a)

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

1.

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

2.

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

(b)

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

[F2 M.B.606 Changes U.K.

(a) The competent authority shall comply with the applicable elements of the initial approval for any change to the organisation notified in accordance with point M.A.617. U.K.

(b) The competent authority may prescribe the conditions under which the approved maintenance organisation may operate during such changes, unless it determines that the approval should be suspended due to the nature or the extent of the changes. U.K.

(c) For any change to the maintenance organisation manual: U.K.

1.

In the case of direct approval of changes in accordance with point M.A.604(b), the competent authority shall verify that the procedures specified in the manual are in compliance with this Annex (Part-M) before formally notifying the approved organisation of the approval.

2.

In the case an indirect approval procedure is used for the approval of the changes in accordance with point M.A.604(c), the competent authority shall ensure (i) that the changes remain minor and (ii) that it has an adequate control over the approval of the changes to ensure they remain in compliance with the requirements of this Annex (Part-M).]

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

The competent authority shall:

(a)

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

(b)

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

SUBPART G CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION U.K.

M.B.701 Application U.K.

(a)

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

1.

the continuing airworthiness management exposition;

2.

the operator's aircraft maintenance programmes;

3.

the aircraft technical log;

4.

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

(b)

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

M.B.702 Initial approval U.K.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

M.B.703 Issue of approval U.K.

(a)

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

(b)

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

(c)

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

(d)

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

M.B.704 Continuing oversight U.K.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

M.B.705 Findings U.K.

(a)

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

1.

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

2.

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

(b)

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

[F2 M.B.706 Changes U.K.

(a) The competent authority shall comply with the applicable elements of the initial approval for any change to the organisation notified in accordance with point M.A.713. U.K.

(b) The competent authority may prescribe the conditions under which the approved continuing airworthiness management organisation may operate during such changes unless it determines that the approval should be suspended due to the nature or the extent of the changes. U.K.

(c) For any change to the continuing airworthiness management exposition: U.K.

1.

In the case of direct approval of changes in accordance with M.A.704(b), the competent authority shall verify that the procedures specified in the exposition are in compliance with this Annex (Part-M) before formally notifying the approved organisation of the approval.

2.

In the case an indirect approval procedure is used for the approval of the changes in accordance with point M.A.704(c), the competent authority shall ensure (i) that the changes remain minor and (ii) that it has an adequate control over the approval of the changes to ensure they remain in compliance with the requirements of this Annex (Part-M).]

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

The competent authority shall:

(a)

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

(b)

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

SUBPART H CERTIFICATE OF RELEASE TO SERVICE — CRS U.K.

(to be developed as appropriate)

SUBPART I AIRWORTHINESS REVIEW CERTIFICATE U.K.

M.B.901 Assessment of recommendations U.K.

Upon receipt of an application and associated airworthiness review certificate recommendation in accordance with [F2 point M.A.901]:

1.

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

2.

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

[F2 M.B.902 Airworthiness review by the competent authority U.K.

(a) When the competent authority carries out the airworthiness review and issues the airworthiness review certificate EASA Form 15a (Appendix III), the competent authority shall carry out an airworthiness review in accordance with point M.A.710. U.K.

(b) The competent authority shall have appropriate airworthiness review staff to carry out the airworthiness reviews. U.K.

1.

For all aircraft used in commercial air transport, and aircraft above 2 730 kg MTOM, except balloons, these staff shall have acquired:

(a)

at least five years experience in continuing airworthiness, and;

(b)

an appropriate licence in compliance with Annex III (Part-66) or a nationally recognized maintenance personnel qualification appropriate to the aircraft category (when Annex III (Part-66) refers to national rules) or an aeronautical degree or equivalent, and;

(c)

formal aeronautical maintenance training, and;

(d)

a position with appropriate responsibilities.

Notwithstanding the points ‘ a ’ to ‘ d ’ above, the requirement laid down in point M.B.902(b)1b may be replaced by five years of experience in continuing airworthiness additional to those already required by point M.B.902(b)1a.

2.

For aircraft not used in commercial air transport of 2 730 kg MTOM and below, and balloons, these staff shall have acquired:

(a)

at least three years experience in continuing airworthiness, and;

(b)

an appropriate licence in compliance with Annex III (Part-66) or a nationally recognized maintenance personnel qualification appropriate to the aircraft category (when Annex III (Part-66) refers to national rules) or an aeronautical degree or equivalent, and;

(c)

appropriate aeronautical maintenance training, and;

(d)

a position with appropriate responsibilities.

Notwithstanding the points ‘ a ’ to ‘ d ’ above, the requirement shown in point M.B.902(b)2b may be replaced by four years of experience in continuing airworthiness additional to those already required by point M.B.902(b)2a.

(c) The competent authority shall maintain a record of all airworthiness review staff, which shall include details of any appropriate qualification held together with a summary of relevant continuing airworthiness management experience and training. U.K.

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

(e) The staff that carries out the airworthiness review shall issue a Form 15a after satisfactory completion of the airworthiness review.] U.K.

M.B.903 Findings U.K.

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

1.

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

2.

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