ML.B.101 Scope

Regulation (EU) 2019/1383

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

ML.B.102 Competent authority

Regulation (EU) 2019/1383

(a) General

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

The number of staff shall be appropriate to satisfy the requirements detailed in this Section.

(c) Qualification and training

All staff involved in activities covered by this Annex shall be appropriately qualified and have appropriate knowledge, experience, initial and continuation training to perform their allocated tasks.

(d) Procedures

The competent authority shall establish procedures detailing how compliance with this Annex is achieved.

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

ML.B.104 Record-keeping

Regulation (EU) 2019/1383

(a) The competent authority shall establish a system of record-keeping that allows adequate traceability of the process for issuing, continuing, changing, suspending or revoking each certificate and authorisation.

(b) The records for the oversight of each aircraft shall include, as a minimum, a copy of:

(1) the aircraft certificate of airworthiness;

(2) ARCs;

(3) reports from the airworthiness reviews carried out directly by the Member State;

(4) all relevant correspondence relating to the aircraft;

(5) details of any exemption and enforcement action(s);

(6) any document approved by the competent authority pursuant to this Annex or Regulation (EU) No 965/2012.

(c) The records specified in point (b) shall be retained until 2 years after the aircraft has been permanently withdrawn from service.

(d) All records specified in point ML.B.104 shall be made available to any other Member State or the Agency upon their request

ML.B.105 Mutual exchange of information

Regulation (EU) 2019/1383

(a) In order to contribute to the improvement of aviation safety, the competent authorities shall participate in a mutual exchange of all the necessary information in accordance with Article 72 of Regulation (EC) 2018/1139.

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