Commission Regulation (EC) No 2042/2003 (repealed)Show full title

Commission Regulation (EC) No 2042/2003

of 20 November 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(Text with EEA relevance) (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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), (hereinafter referred to as the ‘basic Regulation’) and in particular Article 5 and 6 thereof,

Whereas:

(1) The basic Regulation 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 implementation rules to ensure their uniform application; it establishes the European Aviation Safety Agency (hereinafter referred to as the ‘Agency’) to assist the Commission in the development of such implementing rules.

(2) Existing aviation requirements in the field of maintenance as listed in Annex II to Council Regulation (EEC) No 3922/91(2) will be repealed as from 28 September 2003.

(3) It is necessary to adopt common technical requirements and administrative procedures to ensure the continuing airworthiness of aeronautical products, parts and appliances subject to the basic Regulation.

(4) Organisations and personnel involved in the maintenance of products, parts and appliances should be required to comply with certain technical requirements in order to demonstrate their capability and means of discharging their obligations and associated privileges; the Commission is required to adopt measures to specify conditions of issuing, maintaining, amending, suspending or revoking certificates attesting such compliance.

(5) The need to ensure uniformity in the application of common technical requirements in the field of continuing airworthiness of aeronautical parts and appliances requires that common procedures be followed by competent authorities to assess compliance with these requirements; the Agency should develop certification specifications to facilitate the necessary regulatory uniformity.

(6) It is necessary to provide sufficient time for the aeronautical industry and Member State administrations to adapt to the new regulatory framework; it is also necessary to recognise the continuing validity of certificates issued before entry into force of this Regulation, in accordance with Article 57 of the basic Regulation.

(7) The measures provided by this Regulation are based on the opinion issued by the Agency(3) in accordance with Articles 12(2)(b) and 14(1) of the basic Regulation.

(8) The measures provided by this Regulation are in accordance with the Opinion of the European Aviation Safety Agency Committee(4) established by Article 54(3) of the basic Regulation,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 240, 7.9.2002, p. 1; Regulation as last amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5).

(2)

OJ L 373, 31.12.1991, p. 4; Regulation as last amended by Commission Regulation (EC) No 2871/2000 (OJ L 333, 29.12.2000, p. 47).

(3)

Opinion of the European Aviation Safety Agency 1/2003, 1 September 2003.

(4)

Opinion of the European Aviation Safety Agency Committee, 23 September 2003.