27
NOV
2012

Opinion 06/2012

Alignment of Regulation No (EC) 2042/2003 with Regulation (EC) No 216/2008

Alignment of Commission Regulation (EC) No 2042/2003 with Regulation (EC) No 216/2008 and with ICAO Annex 6 requirement for human factor principles to be observed in the design and application of the aircraft maintenance programme.

The adoption of the Basic Regulation has originated the need to review Regulation (EC) No 2042/2003, which contains the implementing rules for continuing airworthiness, in order to verify consistency between both Regulations and ensure that Commission Regulation (EC) No 2042/2003 contains the appropriate means to implement the essential requirements set forth in the Basic Regulation.

This Opinion contains amendments to the implementing rules for continuing airworthiness management of aircraft registered in an EU Member State (Part-M) and a new set of requirements for continuing airworthiness management of aircraft registered in a third country and used by EU operators (Part-T). Furthermore, this Opinion also contains amendments to Commission Regulation (EU) No 965/2012 on Air Operations.

The amendments to Part-M are related to:

  • the replacement of the concept of ‘large aircraft’ by concept of ‘complex motorpowered aircraft’; and
  • the introduction of requirements for operation for commercial purposes. With regards to this aspect, the Agency acknowledges the position of the European General Aviation Safety Strategy group and the fact that the actions recommended in its strategy paper may have an impact on the contents of this Opinion.

The requirements contained in Part-T have the objective to ensure that the continuing airworthiness of third country registered aircraft operated by EU operators or by operators residing in the EU complies with the essential requirements of the Basic Regulation. The key characteristics of this new Part-T are:

  • The requirements of Part-T apply only to third country registered aircraft used:
    • by operators requiring a certificate under Part-ORO or part-ORA; except for aircraft used under a wet lease-in or code-share agreement, or
    • into, within or out of the EU by operators established or residing in the EU.
  • The requirements of Part-T are for each particular aircraft additional to the State of Registry requirements.

The amendments to Commission Regulation (EU) No 965/2012 on Air Operations are necessary to ensure consistency with the changes to Part-M and Part-T. In particular, these amendments affect:

  • the provisions for dry lease-in of third country registered aircraft contained both in ARO.OPS.100 and ORO.AOC.110; and
  • the contents of the declaration for NCC established in Appendix I to part-ORO
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