Commission Regulation (EC) No 2042/2003 (repealed)Show full title

SECTION B U.K. PROCEDURE FOR COMPETENT AUTHORITIES

145.B.01 Scope U.K.

This section establishes the administrative procedures which the competent authority shall follow when exercising its tasks and responsibilities regarding issuance, continuation, change, suspension or revocation of Part-145 maintenance organisation approvals.

145.B.10 Competent authority U.K.

1. General U.K.

The Member State shall designate a competent authority with allocated responsibilities for the issuance, continuation, change, suspension or revocation of a maintenance approval. This competent authority shall establish documented procedures and an organisational structure.

2. Resources U.K.

The number of staff must be appropriate to carry out the requirements as detailed in this section.

3. Qualification and training U.K.

All staff involved in Part-145 approvals must:

(a)

be appropriately qualified and have all necessary knowledge, experience and training to perform their allocated tasks.

(b)

have received training/continuation training on Part-145 where relevant, including its intended meaning and standard.

4. Procedures U.K.

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

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

145.B.15 Organisations located in several Member States U.K.

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

145.B.17 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.

145.B.20 Initial approval U.K.

1.

Provided the requirements of 145.A.30(a) and (b) are complied with, the competent authority shall formally indicate its acceptance of the personnel, specified in 145.A.30(a) and (b), to the applicant in writing.

2.

The competent authority shall verify that the procedures specified in the maintenance organisation exposition comply with Part-145 and verify that the accountable manager signs the commitment statement.

3.

The competent authority shall verify that the organisation is in compliance with the requirements of Part-145.

4.

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 exposition.

5.

All findings must be confirmed in writing to the organisation.

6.

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

7.

For initial approval all findings must be corrected before the approval can be issued.

145.B.25 Issue of approval U.K.

1.

The competent authority shall formally approve the exposition and issue to the applicant a Form 3 approval certificate, which includes the approval ratings. The competent authority shall only issue a certificate when the organisation is in compliance with Part-145.

2.

The competent authority shall indicate the conditions of the approval on the Form 3 approval certificate.

3.

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

145.B.30 Continuation of an approval U.K.

The continuation of an approval shall be monitored in accordance with the applicable ‘initial approval’ process under 145.B.20. In addition:

1.

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.

2.

Each organisation must be completely reviewed for compliance with Part-145 at periods not exceeding 24 months.

3.

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.

145.B.35 Changes U.K.

1.

The competent authority shall receive notification from the organisation of any proposed change as listed in 145.A.85.

The competent authority shall comply with the applicable elements of the initial process paragraphs for any change to the organisation.

2.

The competent authority may prescribe the conditions under which organisation may operate during such changes unless it determines that the approval should be suspended.

[F1 145.B.40 Changes to the Maintenance Organisation Exposition U.K.

For any change to the Maintenance Organisation Exposition (MOE):

1.

In the case of direct approval of the changes in accordance with point 145.A.70(b), the competent authority shall verify that the procedures specified in the exposition are in compliance with Annex II (Part-145) 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 145.A.70(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 Annex II (Part-145).]

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).

145.B.45 Revocation, suspension and limitation of 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 145.B.50.

145.B.50 Findings U.K.

(a)

When during audits or by other means evidence is found showing non-compliance with the requirements of Part-145, 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 corrective action period granted by the competent authority must be appropriate to the nature of the finding but in any case initially must not be more than three months. In certain circumstances and subject to the nature of the finding the competent authority may extend the three month period subject to a satisfactory corrective action plan agreed by the competent authority.

(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

145.B.55 Record-keeping U.K.

1.

The competent authority shall establish a system of record-keeping with minimum retention criteria that allows adequate traceability of the process to issue, continue, change, suspend or revoke each individual organisation approval.

2.

The records shall include as a minimum:

(a)

the application for an organisation approval, including the continuation thereof.

(b)

the competent authority continued oversight program including all audit records.

(c)

the organisation approval certificate including any change thereto.

(d)

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

(e)

copies of all formal correspondence including Form 4 or equivalent.

(f)

details of any exemption and enforcement action(s).

(g)

any other competent authority audit report forms.

(h)

maintenance organisation expositions.

3.

The minimum retention period for the above records shall be four years.

4.

The competent authority may elect to use either a paper or computer system or any combination of both subject to appropriate controls.

145.B.60 Exemptions U.K.

All exemptions granted in accordance with Article 10(3) of the basic Regulation shall be recorded and retained by the competent authority