ORO.FTL.120 Fatigue Risk Management (FRM)

You are correct, Regulation (EU) 2018/1139 has per Article 139 (1.) repealed Regulation (EC) No 216/2008 with effect from 11 September 2018. Article 140 (1.) allows for all certificates and specific airworthiness specifications issued based on Reg. No 216/2008 to remain valid after that date.
Article 140 (2.) actually set the deadline:
"Not later than 12 September 2023 the implementing rules adopted on the basis of Regulations (EC) No 216/2008 and (EC) No 552/2004 shall be adapted to this Regulation."
Clearly that was a bit ambitious....

Thank you for your feedback Robert. We monitor the changes to all applicable EASA regulations on a monthly basis, as well as being notified of any changes. We have adopted the new regulation but the main question is, for auditing purposes from a competent authority perspective, which regulation would be applicable based on 965/2012 or would both be acceptable.

Hi Larry,
in practice I would argue that meeting the regulatory intent of Articles 139 and 140 of 2018/1139 should be prioritized over legally reflecting the (inadvertent?) delayed adoption of Article 140 (2) by the regulator beyond the deadline it set itself.
Maybe a way to address this and prevent confusion is to clearly state "in accordance with Reg (EC) 216/2008 until adaption of Reg (EC) 2018/1139" or something to that effect? Article 139 (4) also states "References to the repealed Regulations referred to in paragraphs 1 (Regulation (EC) No 216/2008), 2 (Regulation (EC) No 552/2004) and 3 (Regulation (EEC) No 3922/91) shall be construed as references to this Regulation and, where appropriate, read in accordance with the correlation table in Annex X.", so references to the old regulation I guess technically would remain valid indefinitely, until this article gets repealed by a future regulation.