ML.1

Regulation (EU) 2019/1383

(a) In accordance with paragraph 2 of Article 3, this Annex (Part-ML) applies to the following other than complex motor-powered aircraft not listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008:

(1) aeroplanes of 2 730 kg maximum take-off mass (MTOM) or less;

(2) rotorcraft of 1 200 kg MTOM or less, certified for a maximum of up to 4 occupants;

(3) other ELA2 aircraft.

(b) For the purpose of this Annex, the competent authority shall be the authority designated by the Member State of registry of the aircraft.

(c) For the purpose of this Annex, the following definitions shall apply:

(1) 'independent certifying staff' means certifying staff who does not work on behalf of an approved maintenance organisation and who complies with, alternatively:

(i) the requirements of Annex III (Part-66);

(ii) for aircraft to which Annex III (Part-66) does not apply, the certifying staff requirements in force in the Member State of registry of the aircraft;

(2) 'maintenance organisation' means an organisation holding an approval issued in accordance with, alternatively :

(i) Subpart F of Annex I (Part-M);

(ii) Section A of Annex II (Part-145);

(iii) Section A of Annex Vd (Part-CAO).

(3) 'owner' means the person responsible for the continuing airworthiness of the aircraft, including, alternatively:

(i) the registered owner of the aircraft;

(ii) the lessee in the case of a leasing contract;

(iii) the operator.

SECTION A — TECHNICAL REQUIREMENTS

SUBPART A — GENERAL

ML.A.101 Scope

Regulation (EU) 2019/1383

This Section establishes the measures to be taken in order to ensure that the aircraft is airworthy. It also specifies the conditions to be met by the persons or organisations involved in the activities related to the airworthiness of the aircraft.

SUBPART B — ACCOUNTABILITY

ML.A.201 Responsibilities

Regulation (EU) 2020/270

(a) The owner of the aircraft shall be responsible for the continuing airworthiness of the aircraft and shall ensure that no flight takes place unless all of the following requirements are met:

(1) the aircraft is maintained in an airworthy condition;

(2) any operational and emergency equipment fitted is correctly installed and serviceable or clearly identified as unserviceable;

(3) the airworthiness certificate is valid;

(4) the maintenance of the aircraft is performed in accordance with the Aircraft Maintenance Program (‘AMP’) specified in point ML.A.302.

(b) By derogation from point (a), where the aircraft is leased, the responsibilities set out in point (a) shall apply to the lessee, if the lessee is identified either in the registration document of the aircraft or in the leasing contract.

(c) Any person or organisation performing maintenance of aircraft and components shall be responsible for the maintenance tasks being performed.

(d) The pilot-in-command of the aircraft shall be responsible for the satisfactory accomplishment of the preflight inspection. That inspection shall be carried out by the pilot or another qualified person but need not be carried out by an approved maintenance organisation or by certifying staff.

(e) For aircraft operated by commercial Approved Training Organisations (‘ATO’) and commercial Declared Training Organisations (‘DTO’) referred to in Article 10a of Regulation (EU) No 1178/2011 or not operated in accordance with Annex VII to Regulation (EU) No 965/2012 (Part-NCO) or operated in accordance with Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or Subpart-DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976²⁴ Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L326, 20.12.2018, p. 64), the operator shall:

(1) be approved as a CAMO or as a CAO for the management of the continuing airworthiness of its aircraft in accordance with Annex Vc (Part-CAMO), Subpart G of Annex I (Part-M) or Annex Vd (Part-CAO), or contract such an organisation using the contract set out in Appendix I to this Annex;

(2) ensure that all maintenance is performed by maintenance organisations approved in accordance with point (c)(2) of point ML.1.;

(3) ensure that the requirements of point (a) are satisfied.

(f) For aircraft not included in point (e), in order to satisfy the requirements of point (a), the owner of the aircraft may contract the tasks associated with continuing airworthiness management to an organisation approved as a CAMO or CAO in accordance with Annex Vc (Part-CAMO), Subpart G of Annex I (Part-M) or Annex Vd (Part-CAO). In that case, the contracted organisation shall assume responsibility for the proper performance of those tasks and a written contract shall be concluded in accordance with Appendix I to this Annex. If the owner does not contract such an organisation, the owner is responsible for the proper performance of the tasks associated with the continuing airworthiness management

(g) The owner shall grant the competent authority access to the aircraft and the aircraft records, in order for the competent authority to determine whether the aircraft complies with the requirements of this Annex.

(h) In the case of an aircraft included in an air operator certificate is used for non-commercial or specialised operations under point ORO.GEN.310 of Annex III or point NCO.GEN.104 of Annex VII to Regulation (EU) No 965/2012²⁵ Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1)., the operator shall ensure that the tasks associated with continuing airworthiness are performed by the CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of Annex I (Part-M) or the combined airworthiness organisation (“CAO”) approved in accordance with Annex Vd (Part-CAO), whichever applicable, of the air operator certificate holder.

GM1 ML.A.201  Responsibilities

ED Decision 2020/002/R

The following tables provide a summary of Part-ML main provisions and alleviations established in ML.A.201, ML.A.302, ML.A.801 and ML.A.901.

In the tables, the term ‘CAO(-CAM)’ designate a CAO with continuing airworthiness management privileges.

*:  A CAMO/CAO(-CAM) is not required but the owner may decide to contract a CAMO/CAO(-CAM).

**:  in the limit of their privileges

***:  together with the 100-h/annual inspection

GM1 ML.A.201(e)  Responsibilities

ED Decision 2020/002/R

COMMERCIAL ATO/DTO

According to industry practice, the following are examples of aircraft not considered to be operated by a commercial ATO or a commercial DTO:

(a) Aircraft operated by an organisation holding an ATO certificate or a DTO declaration, created with the aim of promoting aerial sport or leisure aviation, on the conditions that:

(1) the aircraft is operated by the organisation on the basis of ownership or dry lease;

(2) the ATO/DTO is a non-profit organisation; and

(3) whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation.

(b) Aircraft operated under Part-NCO by its owner together with an ATO or a DTO flight instructor for the purpose of training, when the contract between the owner and the training organisation and the procedures of the training organisation allow it. The continuing airworthiness of such aircraft remains under the responsibility of the owner, or of the CAMO or CAO contracted by the owner, if the owner has elected to contract a CAMO or CAO in accordance with ML.A.201(f).

(c) Aircraft used for very limited training flights due to the specific configuration of the aircraft and limited need for such flights.

GM1 ML.A.201(f)  Responsibilities

ED Decision 2020/002/R

If an owner (see definition in point ML.1(c)(3)) decides not to make a contract with a CAMO or CAO, the owner is fully responsible for the proper accomplishment of the corresponding continuing airworthiness management tasks. As a consequence, it is expected that the owner properly and realistically self-assesses his or her own competence to accomplish those tasks or otherwise seek the necessary expertise.

GM1 ML.A.201(h)  Responsibilities

ED Decision 2020/002/R

USE OF AIRCRAFT INCLUDED IN AN AOC FOR NON-COMMERCIAL OPERATIONS OR SPECIALISED OPERATIONS

As point (h) is not a derogation, points ML.A.201(e) and (f) are still applicable. Therefore, the management of continuing airworthiness of the aircraft by the CAMO or CAO of the AOC holder means that the other operator has established a written contract as per Appendix I to Part-ML with this CAMO or CAO.

ML.A.202 Occurrence reporting

Regulation (EU) 2019/1383

(a) Without prejudice to the reporting requirements set out in Annex II (Part-145) and Annex Vc (Part-CAMO), any person or organisation responsible in accordance with point ML.A.201 shall report any identified condition of an aircraft or component which endangers flight safety to:

(1) the competent authority designated by the Member State of registry of the aircraft, and, when different to the Member State of registry, to the competent authority designated by the Member State of the operator;

(2)  to the organisation responsible for the type design or supplemental type design.

(b) The reports referred to in point (a) shall be made in a manner determined by the competent authority referred to in point (a) and shall contain all pertinent information about the condition known to the person or organisation making the report.

(c) Where the maintenance or the airworthiness review of the aircraft is carried out on the basis of a written contract, the person or the organisation responsible for those activities shall also report any condition referred to in point (a) to the owner of the aircraft and, when different, to the CAMO or CAO concerned.

(d) The person or organisation shall submit the reports referred to in points (a) and (c) as soon as possible, but no later than 72 hours from the moment when the person or organisation identified the condition to which the report relates, unless exceptional circumstances prevent this.

AMC1 ML.A.202  Occurrence reporting

ED Decision 2020/002/R

Accountable persons or organisations should ensure that the design approval holder (DAH) receives adequate reports of occurrences for that aircraft or component, to enable the DAH to issue appropriate service instructions and recommendations to all owners or operators.

Accountable persons or organisations should establish a liaison with the DAH to determine whether published or proposed service information will resolve the problem or to obtain a solution to a particular problem.

AMC-20 ‘General Acceptable Means of Compliance for Airworthiness of Products, Parts and Appliances’ provides further details on occurrence reporting (AMC 20-8).

SUBPART C — CONTINUING AIRWORTHINESS

ML.A.301 Continuing-airworthiness tasks

Regulation (EU) 2019/1383

The aircraft continuing airworthiness and the serviceability of operational and emergency equipment shall be ensured by:

(a) the accomplishment of pre-flight inspections;

(b) the rectification of any defect and damage affecting safe operation in accordance with data specified in points ML.A.304 and ML.A.401, as applicable, while taking into account the minimum equipment list (‘MEL’) and configuration deviation list, when they exist;

(c) the accomplishment of all maintenance in accordance with the AMP referred to in point ML.A.302;

(d) the accomplishment of any applicable:

(1) airworthiness directive (‘AD’);

(2) operational directive with a continuing-airworthiness impact;

(3) continuing-airworthiness requirement established by the Agency;

(4) measure required by the competent authority as an immediate reaction to a safety problem;

(e) the accomplishment of modifications and repairs in accordance with point ML.A.304;

(f) maintenance check flights, when necessary.

GM1 ML.A.301(f)  Continuing airworthiness tasks

ED Decision 2020/002/R

MAINTENANCE CHECK FLIGHTS (MCFs)

(a) The definition of and operational requirements for MCFs are laid down in the Air Operations Regulation²⁶ and are carried out under the control and responsibility of the aircraft operator. During the flight preparation, the flight and the post-flight activities as well as for the aircraft handover, the processes requiring the involvement of maintenance personnel or organisations should be agreed in advance with the operator. The operator should consult as necessary with the person or organisation in charge of the airworthiness of the aircraft.

(b) Depending on the aircraft defect and the status of the maintenance activity performed before the flight, different scenarios are possible and are described below:

(1) The aircraft maintenance manual (AMM), or any other maintenance data issued by the DAH, requires that an MCF be performed before completion of the maintenance ordered. In this scenario, a certificate after incomplete maintenance, when in compliance with ML.A.801(f) or 145.A.50(e), should be issued and the aircraft can be flown for this purpose under its airworthiness certificate.

Due to incomplete maintenance, it is advisable to open a new entry into the ML.A.305 aircraft logbook, to identify the need for an MCF. This new entry should contain or refer to, as necessary, data relevant to perform the MCF, such as aircraft limitations and any potential effect on operational and emergency equipment due to incomplete maintenance, maintenance data reference and maintenance actions to be performed after the flight.

After a successful MCF, the maintenance records should be completed, the remaining maintenance actions finalised and a certificate of release to service (CRS) issued.

(2) Based on its own experience and for reliability considerations and/or quality assurance, an operator, owner, CAO or CAMO may wish to perform an MCF after the aircraft has undergone certain maintenance while maintenance data does not call for such a flight. Therefore, after the maintenance has been properly carried out, a CRS is issued and the aircraft airworthiness certificate remains valid for this flight.

(3) After troubleshooting of a system on the ground, an MCF is proposed by the maintenance personnel or organisation as confirmation that the solution applied has restored the normal system operation. During the maintenance performed, the maintenance instructions are followed for the complete restoration of the system and therefore a CRS is issued before the flight. The airworthiness certificate is valid for the flight. An open entry requesting this flight may be recorded in the aircraft logbook.

(4) An aircraft system has been found to fail, the dispatch of the aircraft is not possible in accordance with the maintenance data, and the satisfactory diagnosis of the cause of the fault can only be made in flight. The process for this troubleshooting is not described in the maintenance data and therefore scenario (1) does not apply. Since the aircraft cannot fly under its airworthiness certificate because it has not been released to service after maintenance, a permit to fly issued in accordance with Regulation (EU) No 748/2012 is required.

After the flight and the corresponding maintenance work, the aircraft can be released to service and continue to operate under its original certificate of airworthiness.

(c) For certain MCFs, the data obtained or verified in flight will be necessary for assessment or consideration after the flight by the maintenance personnel or organisation prior to issuing the maintenance release. For this purpose, when the maintenance staff cannot perform these functions in flight, it may rely on the crew performing the flight to complete this data or to make statements about in-flight verifications. In this case, the maintenance staff should appoint the crew personnel to play such a role on their behalf and, before the flight, brief the appointed crew personnel on the scope, functions and the detailed process to be followed, including required reporting information after the flight and reporting means, in support of the final release to service to be issued by the certifying staff.

ML.A.302 Aircraft maintenance programme

Regulation (EU) 2019/1383

(a) The maintenance of each aircraft shall be organised in accordance with an AMP.

(b) The AMP and any subsequent amendments thereto shall be, alternatively:

(1) declared by the owner in accordance with point (c)(7) of point ML.A.302, where the continuing airworthiness of the aircraft is not managed by a CAMO or CAO;

(2) approved by the CAMO or CAO responsible for managing the continuing airworthiness of the aircraft.

The owner declaring the AMP in accordance with point (b)(1) or the organisation approving the AMP in accordance with point (b)(2) shall keep the AMP updated.

(c) The AMP:

(1) shall clearly identify the owner of the aircraft and the aircraft to which it relates, including any installed engine and propeller, as applicable;

(2) shall include, alternatively:

(a) the tasks or inspections contained in the applicable minimum inspection programme (‘MIP’) referred to in point (d);

(b) the instructions for continuing airworthiness (‘ICA’) issued by the design approval holder (‘DAH’);

(3) may include additional maintenance actions to those referred to in point (c)(2) or maintenance actions alternative to those referred to in point (c)(2)(b) at the proposal of the owner, CAMO or CAO, once approved or declared in accordance with point (b). Alternative maintenance actions to those referred to in point (c)(2)(b) shall not be less restrictive than those set out in the applicable MIP;

(4) shall include all the mandatory continuing airworthiness information, such as repetitive ADs, the airworthiness limitation section (‘ALS’) of the ICAs, and specific maintenance requirements contained in the type certificate data sheet (‘TCDS’);

(5) shall identify any additional maintenance tasks to be performed because of the specific aircraft type, aircraft configuration and type and specificity of operation, whereas the following elements shall be taken into consideration as a minimum:

(a) specific installed equipment and modifications of the aircraft;

(b) repairs carried out in the aircraft;

(c) life-limited components and flight-safety-critical components;

(d) maintenance recommendations, such as time between overhaul (‘TBO’) intervals, issued through service bulletins, service letters, and other non-mandatory service information;

(e) applicable operational directives or requirements related to the periodic inspection of certain equipment;

(f) special operational approvals;

(g) use of the aircraft and operational environment;

(6) shall identify whether the Pilot-owners are authorised to perform maintenance;

(7) when declared by the owner, shall contain a signed statement by which the owner declares that this is the AMP for the particular aircraft registration and that he is fully responsible for its content and, in particular, for any deviations from the DAH’s recommendations;

(8) when approved by the CAMO or CAO, shall be signed by this organisation, which shall retain records with the justification for any deviation introduced to the DAH’s recommendations;

(9) shall be reviewed at least annually in order to assess its effectiveness, and this review shall be performed, alternatively:

(a) in conjunction with the airworthiness review of the aircraft by the person who performs such an airworthiness review;

(b) by the CAMO or CAO managing the continuing airworthiness of the aircraft in those cases where the review of the AMP is not performed in conjunction with an airworthiness review.

If the review shows deficiencies of the aircraft linked with deficiencies in the content of the AMP, the AMP shall be amended accordingly. In this case the person performing the review shall inform the competent authority of the Member State of registry if he does not agree with the measures amending the AMP taken by the owner, CAMO or CAO.  The competent authority shall decide which amendments to the AMP are necessary, raising the corresponding findings and, if necessary, reacting in accordance with point ML.B.304.

(d) A MIP:

(1) shall contain the following inspection intervals:

(a) for aeroplanes, touring motor gliders (‘TMGs’) and balloons, every annual or 100-h interval, whichever comes first, to which a tolerance of 1 month or 10 h may be applied. The next interval shall be calculated as from the time the inspection takes place;

(b) for sailplanes and powered sailplanes other than TMG, every annual interval to which a tolerance of 1 month may be applied. The next interval shall be calculated as from the time the inspection takes place;

(2) shall contain the following, as applicable to the aircraft type:

(a) servicing tasks as required by the DAH’s requirements;

(b) inspection of markings;

(c) review of weighing records and weighing in accordance with Regulation (EU) No 965/2012, Regulation (EU) 2018/395 and Regulation (EU) 2018/1976;

(d) operational test of transponder (if installed);

(e) functional test of the pitot-static system;

(f) in the case of aeroplanes:

(i)  operational tests for power and revolutions per minute (rpm), magnetos, fuel and oil pressure, engine temperatures;

(ii)  for engines equipped with automated engine control, the published run-up procedure;

(iii)  for dry-sump engines, engines with turbochargers and liquid-cooled engines, an operational test for signs of disturbed fluid circulation;

(g) inspection of the condition and attachment of the structural items, systems and components corresponding to the following areas:

(i) for aeroplanes:

airframe, cabin and cockpit, landing gear, wing and centre section, flight controls, empennage, avionics and electrics, power plant, clutches and gearboxes, propeller and miscellaneous systems, such as the ballistic rescue system;

(ii) for sailplanes and powered sailplanes:

airframe, cabin and cockpit, landing gear, wing and centre section, empennage, avionics and electrics, power plant (for powered sailplanes) and miscellaneous systems, such as removable ballast and/or drag chute and controls, as well as water ballast system;

(iii) for hot-air balloons:

envelope, burner, basket, fuel containers, equipment and instruments;

(iv) for gas balloons:

envelope, basket, equipment and instruments.

As long as this Annex does not specify an MIP for airships and rotorcraft, their AMP shall be based on the ICA issued by the DAH, as referred to in point (c)(2)(b).

(e) By derogation from points (b) and (c), a declaration by the owner or an approval by a CAMO or CAO is not required, and an AMP document is not required to be produced when the following conditions are met:

(1) all the ICA issued by the DAH are being followed without any deviations;

(2) all maintenance recommendations, such as TBO intervals, issued through service bulletins, service letters, and other non-mandatory service information, are being followed without any deviations;

(3) there are no additional maintenance tasks to be performed resulting from any of the following:

(a) specific installed equipment and modifications of the aircraft;

(b) repairs carried out in the aircraft;

(c) life-limited components and flight-safety-critical components;

(d) special operational approvals;

(e) use of the aircraft and operational environment.

(4) Pilot-owners are authorised to perform Pilot-owner maintenance.

This derogation is not applicable if the pilot-owner or, in case of jointly-owned aircraft, any of the pilot-owners is not authorised to perform Pilot-owner maintenance because this has to be specified in the declared or approved AMP.

(f) If the conditions provided for in points (e)(1) to (e)(4) are met, the AMP applicable to the aircraft shall consist of the following:

(1)  the ICA issued by the DAH;

(2) the maintenance recommendations, such as TBO intervals, issued through service bulletins, service letters, and other non-mandatory service information;

(3) the mandatory continuing airworthiness information, such as repetitive ADs, the ALS of the ICA and specific maintenance requirements contained in the TCDS;

(4) the tasks due to specific operational or airspace directives or requirements in relation to particular instruments and equipment.

AMC1 ML.A.302  Aircraft maintenance programme

ED Decision 2020/002/R

(a) The aircraft should only be maintained according to one maintenance programme at a given point in time. Where an owner wishes to change from one programme to another (e.g. from an AMP based on minimum inspection programme (MIP) to an AMP based on DAH’s data), certain additional maintenance may need to be carried out on the aircraft to implement this transition.

(b) The maintenance programme may take the format of the standard template provided in AMC2 ML.A.302 (EASA Form AMP). This maintenance programme may include several aircraft registrations as long as the maintenance requirements for each registration are clearly identified.

AMC2 ML.A.302  Aircraft maintenance programme

ED Decision 2020/002/R

EASA FORM AMP

The following EASA Form AMP may be used to produce the AMP:

EASA Form AMP, Issue 1

GM1 ML.A.302  Aircraft maintenance programme

ED Decision 2020/002/R

The responsibilities associated with maintenance programmes developed in accordance with ML.A.302 are the following:

(a) If the owner has contracted a CAMO or CAO in order to manage the continuing airworthiness of the aircraft, this organisation is responsible for developing and approving a maintenance programme which:

(1) indicates whether this programme is based on data from the DAH or on the MIP described in ML.A.302(d);

(2) identifies the owner and the specific aircraft, engine, and propeller (as applicable);

(3) includes all mandatory continuing airworthiness information and any additional tasks derived from the assessment of the DAH’s instructions;

(4) justifies any deviations from the DAH’s instructions; when the DAH’s instructions are the basis for the AMP development, these deviations should not fall below the requirements of the MIP; and

(5) is customised to the particular aircraft type, configuration and operation, in accordance with ML.A.302(c)(5).

(b) If the owner has not contracted a CAMO or CAO in order to manage the continuing airworthiness of the aircraft, then the owner is responsible for developing and declaring the maintenance programme, assuming full responsibility for its content, and for any deviations from the DAH’s instructions (ref. ML.A.201(f) and ML.A.302(c)(7)) and the possible consequences of such deviations. In this case, these deviations do not need to be justified, but are to be identified in the AMP. However, the maintenance programme still needs to comply with the requirements contained in ML.A.302(c), in particular with the obligation to not fall below the requirements of the MIP and to comply with the mandatory continuing airworthiness information.

(c) The content of the owner-declared maintenance programme cannot be challenged up front either by the competent authority or by the contracted maintenance organisation. This declared maintenance programme is the basis for adequate planning of maintenance, as well as for the ARs and the aircraft continuing airworthiness monitoring (ACAM) inspections in accordance with ML.B.303. Nevertheless, the maintenance programme will be subject to periodic reviews at the occasion of the AR and, in case of discrepancies, linked with deficiencies in the content of the maintenance programme, the owner shall amend the maintenance programme accordingly, as required by ML.A.302(c)(9).

(d) When the competent authority is notified of deficiencies linked with the content of the declared maintenance programme for a particular aircraft (in case no agreement is reached between the owner and the AR staff about the changes required in the maintenance programme), the competent authority should contact the owner, request a copy of the maintenance programme, decide which amendment to the AMP is necessary and raise the associated finding (ref. ML.A.302(c)(9)). If necessary, the competent authority may also react in accordance with ML.B.304. Based on the information received, the reported deficiencies and the identified risks, the competent authority may in addition adapt the ACAM programme accordingly (ref. ML.B.303).

(e) Although there is no requirement for the owner to send a copy of the maintenance programme to the competent authority, this does not prevent the competent authority from requesting at any time the owner to send information about, or a copy of the AMP, even if deficiencies have not been reported (see AMC1 ML.B.201).

(f) Since the maintenance programme has to identify the alternatives tasks to the DAH’s instructions, the ARs and ACAM inspections can place emphasis on the inspection of the areas affected by those deviations in order to make sure that the maintenance programme is effective.

(g) Since the competent authority is not responsible for the content of a declared maintenance programme, the competent authority does not authorise the accomplishment of the scheduled maintenance to deviate from the AMP content (other than the tolerances provided for in ML.A.302(d)(1)). In such cases, the owner may declare an amended AMP.

GM2 ML.A.302  Aircraft maintenance programme

ED Decision 2020/002/R

The following table provides a summary of the provisions contained in ML.A.302 in relation to the content of the maintenance programme, its approval and its link with the AR:

AMC1 ML.A.302(c)  Aircraft maintenance programme

ED Decision 2020/002/R

When evaluating an alternative to a maintenance task issued or recommended by the DAH, such as the extension of TBO intervals, or when considering not to include a maintenance task issued or recommended by the DAH, a risk-based approach should be taken, considering aspects such as the operation of aircraft, type of aircraft, hours and years in service, maintenance of the aircraft, compensating measures, redundancy of components, etc.

The following table provides more details of aspects that should be considered:

The above information may be useful for CAMOs and CAOs when developing and approving maintenance programmes, and for the AR staff performing ARs and reviewing the effectiveness of the declared maintenance programme. It may also be useful for the owner in order to take an informed decision before introducing deviations from the DAH’s recommendations. Nevertheless, as allowed by ML.A.302(c)(7) and explained in GM ML.A.302, when the owner issues a declaration for the maintenance programme, they do not need to justify such deviations.

AMC1 ML.A.302(c)(9)  Aircraft maintenance programme

ED Decision 2020/002/R

ANNUAL REVIEW OF THE AMP

(a) During the annual review of the maintenance programme, as required by point ML.A.302(c)(9), the following should be taken into consideration:

(1) the results of the maintenance performed during that year, which may reveal that the current maintenance programme is not adequate;

(2) the results of the AR performed on the aircraft, which may reveal that the current maintenance programme is not adequate;

(3) revisions introduced on the documents affecting the programme basis, such as the ML.A.302(d) MIP or the DAH’s data;

(4) changes in the aircraft configuration, and type and specificity of operation;

(5) changes in the list of pilot-owners; and

(6) applicable mandatory requirements for compliance with Part 21, such as airworthiness directives (ADs), airworthiness limitations, certification maintenance requirements and specific maintenance requirements contained in the type certificate data sheet (TCDS).

(b) When reviewing the effectiveness of the AMP, the AR staff (or the CAMO/CAO staff if the review of the AMP is not performed in conjunction with an AR) may need to review the maintenance carried out during the last 12 months, including unscheduled maintenance. To this end, he or she should receive the records of all the maintenance performed during that year from the owner/CAMO/CAO.

(c) When reviewing the results of the maintenance performed during that year and the results of the AR, attention should be paid as to whether the defects found could have been prevented by introducing in the maintenance programme certain DAH’s recommendations, which were initially disregarded by the owner, CAMO or CAO.

GM1 ML.A.302(c)(2)(b)  Aircraft maintenance programme

ED Decision 2020/002/R

‘DAH’ refers to the holder of a type certificate (TC), restricted type certificate, supplemental type certificate (STC), European Technical Standard Order (ETSO) authorisation, repair or change to the type design.

The ‘instructions for continuing airworthiness (‘ICA’) issued by the design approval holder (‘DAH’)’ do not include the data issued by other original equipment manufacturer (OEM), except when the DAH’s ICA makes clear reference to such OEM data.

Tasks or intervals (e.g. escalations) alternative to those of the DAH’s ICA and selected by the CAMO or CAO for the AMP do not need to be approved by the competent authority. Justification of these deviations are to be kept by the CAMO or CAO.

GM1 ML.A.302(c)(3)  Aircraft maintenance programme

ED Decision 2020/002/R

ALTERNATIVE MAINTENANCE ACTIONS

‘Maintenance actions alternative to those referred to in point (c)(2)(b)’ refer to when the DAH’s ICA are used as the basis for the AMP development and the CAMO, CAO or owner (as applicable), when developing the AMP, decides to deviate from certain of these DAH’s instructions, introducing, for example, a less frequent interval or a different task type (inspection instead of check) than the one established by the ICA.

These alternative maintenance actions shall not be less restrictive than those set out in the applicable MIP. This means that the extent of the maintenance to be covered by the deviating task cannot be less than the extent of the corresponding task in the MIP in terms of frequency and task type.

Examples of alternative maintenance actions:

*A functional test is considered more restrictive than an operational test.

Remark: the above does not apply to one-time interval extensions, for which ML.A.302(d)(1) provides 1-month or 10-h tolerance (i.e. permitted variation) for aeroplanes, touring motor gliders (TMGs) and balloons and 1-month tolerance for sailplanes and powered sailplanes other than TMGs.

GM1 ML.A.302(c)(4)  Aircraft maintenance programme

ED Decision 2020/002/R

MANDATORY CONTINUING AIRWORTHINESS INFORMATION OTHER THAN ADS

‘Mandatory continuing airworthiness information’ other than ADs may be different from one aircraft to an other, depending on the type certification basis used. The aircraft may have been certified before the term ‘ALS (Airworthiness Limitations Section)’ was introduced in the certification specification (or airworthiness code). However, the intent is that the AMP (whether based on MIP or not) includes all mandatory scheduled maintenance requirements identified during the initial airworthiness activity, by the TC holder, STC holder and, if applicable, engine TC holder. These requirements may be identified under a variety of designations such as:

               Airworthiness limitations or Airworthiness limitation items (ALI)

               Certification maintenance requirements (CMR)

               Safe life items or safe life limits or safe life limitations

               Life-limited parts (LLP)

               Time limits

               Retirements life

               Mandatory Inspections or Mandatory Airworthiness Inspections

               Fuel airworthiness limitations or Fuel tank safety limitations

In case of doubt, it is advised to check the TCDS or contact the DAH.

The intervals of the mandatory continuing airworthiness information cannot be extended by a CAMO/CAO. The escalation of such tasks is to be approved by the Agency.

AMC1 ML.A.302(d)  Aircraft maintenance programme

ED Decision 2020/002/R

This AMC contains an acceptable MIP for aeroplanes of 2 730 kg maximum take-off mass (MTOM) and below, and for ELA2 aircraft other than airships, grouped in the following categories:

               aeroplanes of 2 730 kg MTOM and below;

               ELA2 sailplanes and ELA2 powered sailplanes; and

               ELA2 balloons.

These MIPs already comply with the requirements of ML.A.302(d) and may be used in order to define the basic information for the maintenance programme as required by ML.A.302(c)(2)(a). However, the maintenance programme must be customised as required by ML.A.302(c)(5), which may be achieved by using the standard template contained in AMC ML.A.302.

It should be noted that using the 1-month tolerance permitted by ML.A.302(d)(1) for the annual inspection may result in an expired ARC.

MIP for aeroplanes of 2 730 kg MTOM and below

To be performed at every annual/100-h interval, whichever comes first.

A tolerance of 1 month or 10 h may be applied. The next interval shall be calculated from the time the inspection takes place.

Note 1: Use the manufacturer’s maintenance manual to accomplish each task/inspection.

Note 2: Proper operation of backup or secondary systems and components should be performed wherever a check for improper installation/operation is carried out.

MIP for ELA2 sailplanes and ELA2 powered sailplanes

To be performed:

               every 100-h/annual interval (for TMGs), whichever comes first; or

               every annual interval (for the rest).

A tolerance of 1 month or 10 h, as applicable, may be applied. The next interval shall be calculated from the time the inspection takes place.

Note 1: Use the manufacturer’s maintenance manual to accomplish each task/inspection.

Note 2: In the case of TMGs, it is acceptable to control the hours of use of the aircraft, engine and propeller as separate entities. Any maintenance check to be carried out between two consecutive 100-h/annual inspections may be performed separately on the aircraft, engine and propeller, depending on when each element reaches the corresponding hours. However, at the time of the 100-h/annual, all the elements must be covered.

Note 3: Proper operation of backup or secondary systems and components should be carried out wherever a check for improper installation/operation is performed.

MIP for ELA2 hot-air balloons

To be performed at every 100-h/annual interval, whichever comes first.

A tolerance of 1 month or 10 h may be applied. The next interval shall be calculated from the time the inspection takes place.

Note 1: Use the manufacturer’s maintenance manual to accomplish each task/inspection.

Note 2: Proper operation of backup or secondary systems and components should be carried out wherever a check for improper installation/operation is performed.

(a) Envelope

(b) Burner

(c) Basket

(d) Fuel cylinders

(e) Additional equipment

GM1 ML.A.302(d)(2)  Aircraft maintenance programme

ED Decision 2020/002/R

OPERATIONAL TEST AND FUNCTIONAL TEST

An operational test (or operational check) is a task used to determine that an item is operating normally. It does not require quantitative tolerances.

A functional test (or functional check) is a quantitative check to determine if one or more functions of an item performs within the limits specified in the appropriate maintenance data. The measured parameter should be recorded.

GM1 ML.A.302(d)(2)(d)  Aircraft maintenance programme

ED Decision 2020/002/R

OPERATIONAL TEST OF TRANSPONDER

A transponder test that is carried out in accordance with EASA SIB 2011-15 or US Title 14 CFR Part 43 Appendix F is considered to include the MIP task described in ML.A.302(d)(2)(d).

ML.A.303 Airworthiness directives

Regulation (EU) 2019/1383

Any applicable AD must be carried out within the requirements of that AD unless otherwise specified by the Agency.

ML.A.304 Data for modifications and repairs

Regulation (EU) 2019/1383

A person or organisation repairing an aircraft or a component shall assess any damage. Modifications and repairs shall be carried out using, as appropriate, the following data:

(a) approved by the Agency;

(b) approved by a design organisation complying with Annex I (Part-21) to Regulation (EU) No 748/2012;

(c) contained in the requirements referred to in point 21.A.90B or point 21.A.431B of Annex I   (Part-21) to Regulation (EU) No 748/2012.

ML.A.305 Aircraft continuing-airworthiness record system

Regulation (EU) 2019/1383

(a) At the completion of any maintenance, the certificate of release to service (CRS) required by point ML.A.801 shall be entered in the aircraft continuing airworthiness record system. Each entry shall be made as soon as possible but not later than 30 days after the day of the completion of the maintenance task.

(b) The aircraft continuing airworthiness records shall consist of an aircraft logbook, engine logbook(s) or engine module log cards, propeller logbook(s) and log cards, for any service-life-limited component, as appropriate.

(c) The aircraft type and registration mark, the date together with the total flight time and flight cycles and landings, shall be entered in the aircraft logbooks.

(d) The aircraft continuing airworthiness records shall contain:

(1) the current status of ADs and measures mandated by the competent authority in immediate reaction to a safety problem;

(2) the current status of modifications, repairs and other DAH maintenance recommendations;

(3) the current status of compliance with the AMP;

(4) the current status of service-life-limited components;

(5) the current mass and balance report;

(6) the current list of deferred maintenance.

(e) In addition to the authorised release document, EASA Form 1, as set out in Appendix II of Annex I (Part-M), or equivalent, the following information relevant to any component installed, such as engine, propeller, engine module or service-life-limited component, shall be entered in the appropriate engine or propeller logbook, engine module or service-life-limited component log card:

(1) the identification of the component;

(2) the type, serial number and registration, as appropriate, of the aircraft, engine, propeller, engine module or service-life-limited component to which the particular component has been fitted, along with the reference to the installation and removal of the component;

(3) the date together with the component’s accumulated total flight time, flight cycles, landings and calendar time, as relevant to the particular component;

(4) the current information referred to in point (d), applicable to the component.

(f) The person or organisation responsible for the management of continuing airworthiness and tasks pursuant to point ML.A.201, shall control the records as detailed in point ML.A.305 and present the records to the competent authority upon request.

(g) All entries made in the aircraft continuing airworthiness records shall be clear and accurate. When it is necessary to correct an entry, the correction shall be made in a manner that clearly shows the original entry.

(h) An owner shall ensure that a system has been established to keep the following records for the periods specified:

(1) all detailed maintenance records in respect of the aircraft and any service-life-limited component fitted thereto, until such time as the information contained therein is superseded by new information equivalent in scope and detail but no less than 36 months after the aircraft or component has been released to service;

(2) the total time in service, this is to say hours, calendar time, cycles and landings, of the aircraft and all service-life-limited components, for at least 12 months after the aircraft or component has been permanently withdrawn from service;

(3) the time in service, this is to say hours, calendar time, cycles and landings, as appropriate, since the last scheduled maintenance of the component subjected to a service life limit, at least until the component scheduled maintenance has been superseded by another scheduled maintenance of equivalent work scope and detail;

(4) the current status of compliance with the AMP at least until the scheduled maintenance of the aircraft or component has been superseded by another scheduled maintenance of equivalent work scope and detail;

(5) the current status of ADs applicable to the aircraft and components, at least 12 months after the aircraft or component has been permanently withdrawn from service;

(6) details of current modifications and repairs to the aircraft, engine(s), propeller(s) and any other component vital to flight safety, at least 12 months after they have been permanently withdrawn from service.

AMC1 ML.A.305  Aircraft continuing-airworthiness record system

ED Decision 2020/002/R

(a) Any other forms different from a logbook/log card of keeping the below information could be acceptable. For example, that could be in paper form, a spreadsheet or an IT system.

(b) A log card and status for components other than propeller and engines could be combined in a single document.

(c) If the AD is generally applicable to the aircraft or component type but is not applicable to the particular aircraft, engine, propeller or component, then this should be identified as well as the reason why it is not applicable. There is no need to list those ADs that are superseded or cancelled.

(d) The current status of ADs should be sufficiently detailed to identify the complied AD and/or the due limit.

(e) If the IT system is the only record-keeping system, it should have at least one backup system, which should be regularly updated. Each terminal should contain programme safeguards against the probability of unauthorised personnel altering the database.

ML.A.307 Transfer of aircraft continuing-airworthiness records

Regulation (EU) 2019/1383

(a) When an aircraft is permanently transferred from one owner to another, the transferring owner shall ensure that the continuing airworthiness records referred to in point ML.A.305 are also transferred.

(b) When the owner contracts the continuing airworthiness management tasks to a CAMO or CAO the owner shall ensure that the continuing airworthiness records referred to in point ML.A.305 are transferred to the contracted organisation.

(c) The time periods for the retention of records set out in point (h) of point ML.A.305 shall continue to apply to the new owner, CAMO or CAO.

SUBPART D — MAINTENANCE STANDARDS

ML.A.401 Maintenance data

Regulation (EU) 2019/1383

(a) The person or organisation maintaining an aircraft shall only use applicable maintenance data during the performance of maintenance.

(b) For the purposes of this Annex, 'applicable maintenance' data means:

(1) any applicable requirement, procedure, standard or information issued by the competent authority or the Agency;

(2) any applicable AD;

(3) applicable ICA issued by type certificate holders, supplementary type certificate holders and any other organisation that publishes such data in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012;

(4) any applicable data issued in accordance with point (d) of point 145.A.45.

ML.A.402 Performance of maintenance

Regulation (EU) 2019/1383

(a) Maintenance performed by approved maintenance organisations shall be in accordance with Subpart F of Annex I (Part-M), Annex II (Part-145) or Annex Vd (Part-CAO), as applicable.

(b) For maintenance not performed in accordance with point (a), the person performing maintenance shall:

(1) be qualified for the tasks performed, as required by this Annex;

(2) ensure that the area in which maintenance is carried out is well organised and clean with no dirt or contamination;

(3) use the methods, techniques, standards and instructions specified in the maintenance data referred to in point ML.A.401;

(4) use the tools, equipment and material specified in the maintenance data referred to in point ML.A.401. If necessary, tools and equipment shall be controlled and calibrated to an officially recognised standard;

(5) ensure that maintenance is performed within any environmental limitations specified in the maintenance data referred to in point ML.A.401;

(6) ensure that proper facilities are used in case of inclement weather or lengthy maintenance;

(7) ensure that the risk of multiple errors during maintenance and the risk of errors being repeated in identical maintenance tasks are minimised;

(8) ensure that an error-capturing method is implemented after the performance of any critical maintenance task;

(9) perform a general verification after completion of maintenance to ensure that the aircraft or component is clear of all tools, equipment and any extraneous parts and material, and that all access panels removed have been refitted;

(10) ensure that all maintenance performed is properly recorded and documented.

AMC1 ML.A.402  Performance of maintenance

ED Decision 2020/002/R

(a) Examples of acceptable methods to record and document the maintenance performed are the following:

               a copy of the 100-h/annual inspection checklist with ticks and signature; and

               a copy of the release to service indicating the tasks performed.

(b) Airborne contamination (e.g. dust, precipitation, paint particles, filings) should be kept to a minimum to ensure aircraft/components surfaces are not contaminated. If this is not possible, all susceptible systems should be sealed until acceptable conditions are re-established.

AMC1 ML.A.402(b)(7)  Performance of maintenance

ED Decision 2020/002/R

To minimise the risk of errors and to prevent omissions, the person performing maintenance should ensure that:

(a)  every maintenance task is signed off only after completion;

(b)  the grouping of tasks for the purpose of sign-off allows critical steps to be clearly identified; and

(c)  any work performed by personnel under supervision (i.e. temporary staff, trainees) is checked and signed off by an authorised person.

AMC1 ML.A.402(b)(8)  Performance of maintenance

ED Decision 2020/002/R

CRITICAL MAINTENANCE TASKS

The following maintenance tasks should primarily be reviewed to assess their impact on safety:

(a)  tasks that may affect the control of the aircraft’s flight path and attitude, such as the installation, rigging and adjustments of flight controls;

(b)  tasks that may affect aircraft stability control systems (autopilots, fuel transfer);

(c)  tasks that may affect the propulsive force of the aircraft, including the installation of aircraft engines, propellers and rotors; and

(d)  the overhaul, calibration or rigging of engines, propellers, transmissions and gearboxes.

AMC2 ML.A.402(b)(8)  Performance of maintenance

ED Decision 2020/002/R

ERROR-CAPTURING METHODS

Re-inspection, when only one person is available to carry out the task, or independent inspection, are possible error-capturing methods.

ML.A.403 Aircraft defects

Regulation (EU) 2019/1383

(a) Any aircraft defect that seriously endangers the flight safety shall be rectified before further flight.

(b) The following persons may decide that a defect does not seriously endanger flight safety, and may defer it accordingly:

(1) the pilot in respect of defects affecting non-required aircraft equipment;

(2) the pilot, when using the minimum equipment list, in respect of defects affecting required aircraft equipment — otherwise, these defects may only be deferred by authorised certifying staff;

(3) the pilot in respect of defects other than those referred to in points (b)(1) and (b)(2) if all the following conditions are met:

(i) the aircraft is operated under Annex VII to Regulation(EU) No 965/2012 (Part-NCO) or, in the case of balloons or sailplanes, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976;

(ii) the pilot defers the defect with the agreement of the aircraft owner or, if applicable, of the contracted CAMO or CAO;

(4) the appropriately qualified certifying staff in respect of other defects than those referred to in points (b)(1) and (b)(2), where the conditions referred to in point 3(i) and (ii) are not met.

(c) Any aircraft defect that does not seriously hazard flight safety shall be rectified as soon as practicable from the date on which the defect was first identified and within the limits specified in the maintenance data.

(d) Any defect not rectified before flight shall be recorded in the aircraft continuing airworthiness record system referred to in point ML.A.305 and a record shall be available to the pilot.

AMC1 ML.A.403  Aircraft defects

ED Decision 2020/002/R

Aircraft equipment should be declared to be defective if the pilot observed a malfunction during the flight, or if considered as faulty after inspection/test referred to in the maintenance data. This does not prevent the pilot from recording observations and comments on the performance of the aircraft equipment where this is not considered to constitute a defect.

GM1 ML.A.403  Aircraft defects

ED Decision 2020/002/R

If appropriate certifying staff is readily available for consultation, the pilot should consider consultation with them before deferring any defect.

For balloons not operated under Subpart-ADD, sailplanes not operated under Subpart-DEC, or other aircraft operated under Part-NCO, the pilot may defer required equipment, regardless of whether or not a CAMO or CAO is contracted. However, if doing so, he or she has the obligation to receive the agreement of the owner, or the contracted CAMO or CAO.

The term ‘required’ refers to equipment that is required by the applicable airworthiness code (certification specification) or required by the relevant regulations for air operations or the applicable rules of the air or as required by air traffic management (e.g. a transponder in certain controlled airspace).

AMC1 ML.A.403(d)  Aircraft defects

ED Decision 2020/002/R

All deferred defects should be made known to the pilot/flight crew, whenever possible, prior to their arrival at the aircraft.

Deferred defects should be listed on the current list of deferred maintenance (ML.A.305(d)(6)) and rectified at the next appropriate maintenance event and within the limit specified in the maintenance data. Any deferred defect that is not rectified during the next maintenance event, should be re-entered on the list of deferred maintenance and the original date of the defect should be retained.

SUBPART E — COMPONENTS

ML.A.501 Classification and installation

Regulation (EU) 2019/1383

(a) Unless otherwise specified in Subpart F of Annex I (Part-M), Annex II (Part-145), Annex Vd (Part-CAO) to this Regulation and Annex I (Part-21) to Regulation (EU) No 748/2012, component may be fitted only if all of the following conditions are met:

 (i) it is in a satisfactory condition;

 (ii) has been appropriately released to service using an EASA Form 1 as set out in Appendix II of Annex I (Part-M), or equivalent;

 (iii) has been marked in accordance with Subpart Q of Annex I (Part-21) to Regulation (EU) No 748/2012.

(b) Prior to the installation of a component on an aircraft, the person or approved maintenance organisation shall ensure that the particular component is eligible to be fitted if different modifications or AD configurations are applicable.

(c) Standard parts shall only be fitted to an aircraft or component when the maintenance data specifies those particular standard parts. Standard parts shall only be fitted when accompanied by evidence of conformity to the applicable standard and has appropriate traceability.

(d) Raw or consumable material shall only be used on an aircraft or component provided that:

 (i) the aircraft or component manufacturer allows for the use of raw or consumable material in relevant maintenance data or as specified in Subpart F of Annex I (Part-M), Annex II (Part-145) or Annex Vd (Part-CAO).

 (ii) such material meets the required material specification and has appropriate traceability.

 (iii) such material is accompanied by documentation clearly relating to the particular material and containing a conformity-to-specification statement as well as the manufacturing and supplier source.

(e) In case of balloons, where different combinations of baskets, burners and fuel cylinders are possible for a particular envelope, the person installing them shall ensure that:

(1) the basket, burner and/or fuel cylinders are eligible for installation according to the TCDS or other documents referred to in the TCDS;

(2) the basket, burner and/or fuel cylinders are in serviceable condition and have the appropriate maintenance records.

GM1 ML.A.501  Classification and installation

ED Decision 2020/002/R

Components accepted by the owner in accordance with 21.A.307(c) of Part 21, or standard parts are eligible for installation without an EASA Form 1.

AMC1 ML.A.501(a)(ii)  Classification and installation

ED Decision 2020/002/R

EASA FORM 1 OR EQUIVALENT

A document equivalent to an EASA Form 1 may be:

(a) a release document issued by an organisation under the terms of a bilateral agreement signed by the European Union;

(b) a release document issued by an organisation approved under the terms of a JAA bilateral agreement until superseded by the corresponding agreement signed by the European Union;

(c) a JAA Form One issued prior to 28 November 2004 by a JAR 145 organisation approved by a JAA Full Member State;

(d) in the case of new aircraft components that were released from manufacturing prior to the Part 21 compliance date, a JAA Form One issued by a JAR 21 organisation approved by a JAA Full Member State within the JAA mutual recognition system;

(e) a JAA Form One issued prior to 28 September 2005 by a production organisation approved by a competent authority in accordance with its national regulations;

(f) a JAA Form One issued prior to 28 September 2008 by a maintenance organisation approved by a competent authority in accordance with its national regulations;

(g) a release document acceptable to a competent authority according to the provisions of a bilateral agreement between the competent authority and a third country until superseded by the corresponding agreement signed by the European Union. This provision is valid provided the above agreements between the competent authority and a third country are notified to the European Commission and to the other competent authorities in accordance with Article 68 of Regulation (EU) 2018/1139; and

(h) a release document issued under the conditions described in Article 4(4) of Regulation (EU) No 1321/2014.

AMC1 ML.A.501(e)  Classification and installation

ED Decision 2020/002/R

BALLOONS

Baskets, burners and fuel cylinders are components which are often interchanged between different balloons. Furthermore, they are often removed/installed by the pilot-owner (or by other persons when such removal/installation is not considered maintenance because the task is described in the AFM).

As a consequence, an EASA Form 1 does not need to be issued when these components are removed in serviceable condition from a balloon, and can be installed on another balloon as long as the person performing the installation has access to the appropriate maintenance records necessary to establish their serviceable condition. In particular, due attention should be paid to the inspection dates of the various components.

This does not supersede the requirement to release any maintenance performed on such components either on an EASA Form 1 or equivalent or on the balloon maintenance log book, as applicable.

ML.A.502 Component maintenance

Regulation (EU) 2019/1383

(a) Components accepted by the owner in accordance with point (c) of point 21.A.307 of Annex I (Part-21) to Regulation (EU) No 748/2012 shall be maintained by any person or organisation, subject to reacceptance by the owner under the conditions of point 21.A.307(c) of that Annex. This maintenance is not eligible for the issuance of an EASA Form 1, as set out in Appendix II of Annex I (Part-M), and shall be subject to the aircraft release requirements.

(b) Components shall be released in accordance with the following table:

GM1 ML.A.502  Component maintenance

ED Decision 2020/002/R

COMPONENT MAINTENANCE BY INDEPENDENT CERTIFYING STAFF

The cases where the independent certifying staff can release component maintenance are only valid when the independent certifying staff is allowed, according to ML.A.201, to carry out maintenance (refer to GM1 ML.A.201) and when he or she is competent for such component maintenance.

As an example, in accordance with ML.A.201(e), the independent certifying staff cannot carry out maintenance when the balloon is operated under Subpart-ADD.

ML.A.503 Service-life-limited components

Regulation (EU) 2019/1383

(a) The term ‘service life-limited components’ contains the following components:

(1) components subject to a certified life limit after which the components should be retired, and;

(2) components subject to a service life limit after which the components shall undergo maintenance to restore their serviceability.

(b) Installed service-life-limited components shall not exceed the approved service life limit as specified in the AMP and ADs, except as provided for in point ML.A.504(c).

(c) The approved service life is expressed in calendar time, flight hours, landings or cycles, as appropriate.

(d) At the end of the approved service life limit, the component must be removed from the aircraft for maintenance, or for disposal in the case of components with a certified life limit.

ML.A.504 Control of unserviceable components

Regulation (EU) 2019/1383

(a) A component shall be considered unserviceable in any of the following circumstances:

(1) expiry of the component’s service life limit as defined in the AMP;

(2) non-compliance with the applicable ADs and other continued-airworthiness requirement mandated by the Agency;

(3) absence of the necessary information to determine the airworthiness status of the component or its eligibility for installation;

(4) evidence of component defects or malfunctions;

(5) component involvement in an incident or accident likely to affect its serviceability.

(b) Unserviceable components shall be identified as one of the following:

(1) unserviceable and stored in a secure location under the control of an approved maintenance organisation or independent certifying staff until a decision is made on the future status of such components;

(2) unserviceable by the person or organisation that declared the component unserviceable, and its custody shall be transferred to the aircraft owner after documenting such transfer in aircraft maintenance record system referred to in point ML.A.305.

(c) Components which have reached their certified life limit or contain a non-repairable defect or malfunction shall be classified as unsalvageable and shall not be permitted to re-enter the component supply system unless certified life limits have been extended or a repair solution has been approved in accordance with point ML.A.304.

(d) Any person or organisation responsible pursuant to point ML.A.201 shall in the case of an unsalvageable component, as provided for in point (c), take one of the following actions:

(1) retain such component in a location referred to in point (b)(1);

(2) arrange for the component to be mutilated in a manner that ensures that it is beyond economic salvage or repair before relinquishing responsibility for such a component.

(e) Notwithstanding point (d), a person or organisation responsible pursuant to point ML.A.201 may transfer responsibility of components classified as unsalvageable without mutilation to an organisation for training or research.

SUBPART H — CERTIFICATE OF RELEASE TO SERVICE (CRS)

ML.A.801 Aircraft certificate of release to service

Regulation (EU) 2019/1383

(a) A CRS shall be issued after the required maintenance has been carried out properly on an aircraft.

(b) The CRS shall be issued, alternatively by:

(1) appropriate certifying staff on behalf of the approved maintenance organisation;

(2) independent certifying staff;

(3) the pilot- owner in compliance with point ML.A.803.

(c) By derogation from point (b), in the case of unforeseen circumstances, when an aircraft is grounded at a location where no appropriately approved maintenance organisation and no appropriate certifying staff are available, the owner may authorise any person, with no less than 3 years of appropriate maintenance experience and holding the proper qualifications, to maintain the aircraft according to the standards set out in Subpart D of this Annex and release the aircraft. The owner shall in that case:

(1) obtain and keep in the aircraft records, details of all the work carried out and of the qualifications held by the person issuing the certification;

(2) ensure that any such maintenance is rechecked and released in accordance with point (b) of point ML.A.801 at the earliest opportunity and within a period not exceeding 7 days or, in the case of aircraft operated under Annex VII to Regulation (EU) No 965/2012 (Part-NCO) or, in the case of balloons, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or, in the case of sailplanes not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976, within a period not exceeding 30 days;

(3) notify the contracted CAMO or CAO, or the competent authority in the absence of such a contract, within 7 days of the issuance of such authorisation.

(d) In the case of a release to service in accordance with points (b)(1) or (b)(2), the certifying staff may be assisted in performing the maintenance tasks by one or more persons subject to his direct and continuous control;

(e) A CRS shall contain at least:

(1) basic details of the maintenance carried out;

(2) the date on which the maintenance was completed;

(3) the identity of the organisation or person issuing the release to service, including, alternatively:

(i) the approval reference of the maintenance organisation and certifying staff issuing the CRS;

(ii) in the case of point (b)(2), the identity and, if applicable, the licence number of the independent certifying staff issuing the CRS;

(4) the limitations to airworthiness or operations, if any.

(f) By derogation from point (a) and notwithstanding point (g), when the required maintenance cannot be completed, a CRS may be issued within the approved aircraft limitations. In that case, the CRS shall indicate that the maintenance could not be completed, as well as indicate any applicable airworthiness or operations limitations, as part of the information required in point (e)(4) .

(g) A CRS shall not be issued in the case of any known non-compliance with the requirements of this Annex which endangers flight safety.

AMC1 ML.A.801  Aircraft certificate of release to service

ED Decision 2020/002/R

AIRCRAFT CERTIFICATE OF RELEASE TO SERVICE (CRS) AFTER EMBODIMENT OF A STANDARD CHANGE OR A STANDARD REPAIR (SC/SR)

1. Release to service and eligible persons

Only natural or legal persons entitled to release to service an aircraft after maintenance (see ML.A.801(b)) are considered as an eligible installer responsible for the embodiment of a SC/SR when in compliance with applicable requirements.

Since the design of the SC/SR does not require specific approval, the natural or legal person releasing the embodiment of the change or repair takes the responsibility that the applicable certification specifications within CS-STAN are fulfilled while being in compliance with Part-ML/ Part-M Subpart F/Part-CAO and/or Part-145 and not in conflict with the TC holder’s data. This includes responsibility in respect of an adequate design, the selection/manufacturing of suitable parts and their identification, documenting the change or repair, generation or amendment of aircraft manuals and instructions as needed, embodiment of the change/repair, releasing the aircraft to service and record-keeping.

Depending on its nature, for certain SCs/SRs, CS-STAN might restrict the eligibility for the issuance of the release to service to certain persons (e.g. standard change/repair not suitable for release to service by the pilot-owner).

NOTE: Until 1 October 2020 (ref. entry into force of Commission Regulation (EU) 2018/1142), it is possible to have aircraft maintenance released to service by the holder of an appropriate certifying staff qualification valid in a Member State (national qualification). In this case, the following conditions apply:

               If the holder signs the release to service on behalf of a maintenance organisation, this release is valid regardless of the Member State where the aircraft is registered.

               If the holder signs the release to service as an independent certifying staff, this release is only valid in the Member State responsible for such certifying staff qualification and where the aircraft is registered.

2. Parts and appliances to be installed as part of a SC/SR

The design of the parts and appliances to be used in a SC/SR is considered a part of the change/repair, and, therefore, there is no need of a specific design approval. However, it is possible that for a particular SC, these certification specifications specifically require the use of parts and appliances that meet a technical standard. In this case, when the parts and appliances are required to be authorised as an ETSO article, other articles recognised as equivalent by means of an international safety agreement or grandfathered in accordance with Regulation (EU) No 748/2012 are equally acceptable.

Normally, a SC/SR shall not contain specifically designed parts that should be produced by a production organisation approved in accordance with Part 21 (POA). However, in the case that the change or repair would contain such a part, it should be produced by an approved production organisation (POA holder), and delivered with an EASA Form 1. An arrangement in accordance with 21.A.122(b) is not applicable.

Eligibility for installation of parts and appliances belonging to a SC/SR is subject to compliance with the Part 21 and Part-ML and maintenance-organisation-related provisions, and the situation varies depending on the aircraft in/on which the SC/SR is to be embodied, and who the installer is. The need for an EASA Form 1 is addressed in Part 21 and Part-ML, while less restrictive rules may, for instance, apply for ELA1 and ELA2 aircraft parts (e.g. 21.A.307) and sailplane parts (e.g. AMC 21.A.303 of the ‘AMC and GM to Part 21’). Furthermore, Part-M Subpart F, Part-CAO and Part-145 contain provisions (i.e. M.A.603(c), CAO.A.020(c) and 145.A.42(c)) that allow maintenance organisations to fabricate certain parts to be installed in/on the aircraft as part of their maintenance activities.

3. Parts’ and appliances’ identification

The parts modified or installed during the embodiment of the SC/SR need to be permanently marked in accordance with Part 21 Subpart Q.

4. Documenting the SC/SR and declaring compliance with the certification specifications

In accordance with Part-ML, Part-M Subpart F, Part-CAO or Part-145 (e.g. ML.A.801(e), M.A.612, CAO.A.065 and 145.A.50(b)), the legal or natural person responsible for the embodiment of a change or a repair should compile details of the work accomplished. In the case of SCs/SRs, this includes, as necessary, based on the complexity, an engineering file containing drawings, a list of the parts and appliances used for the change or repair, supporting analysis and the results of tests performed or any other evidence suitable to show that the design fulfils the applicable certification specifications within CS-STAN together with a statement of compliance and amendments to aircraft manuals, to instructions for continuing airworthiness and to other documents such as aircraft parts list, wiring diagrams, etc. as deemed necessary. The EASA Form 123 is prepared for the purpose of documenting the preparation and embodiment of the SC/SR. The aircraft logbook should contain an entry referring to EASA Form 123; both EASA Form 123 and the release to service required after the embodiment of the SC/SR should be signed by the same person.

EASA Form 123 and all the records listed on it should follow elementary principles of controlled documentation, e.g. contain reference number of documents, issue dates, revision numbers, name of persons preparing/releasing the document, etc.

5. Record-keeping

The legal or natural person responsible (see paragraph 1. above) for the embodiment of the change/repair should keep the records generated with the SC/SR as required by Part-ML, Part-M Subpart F, Part-CAO or Part-145 and CS-STAN.

In addition, ML.A.305 requires that the aircraft owner (or CAMO or CAO, if a contract in accordance with ML.A.201 exists) keeps the status of the changes/repairs embodied in/on the aircraft in order to control the aircraft configuration and manage its continuing airworthiness.

With regard to SCs/SRs, the information provided to the owner, CAMO or CAO may be listed in EASA Form 123 and should include, as required, a copy of any modified aircraft manual and/or instructions for continuing airworthiness. All this information should normally be consulted when the aircraft undergoes an AR, and, therefore, a clear system to record the embodiment of SCs/SRs, which is also easily traceable, would be of help during subsequent aircraft inspections.

6. Instructions for continuing airworthiness (ICA)

As stipulated in ML.A.302, the aircraft owner, CAMO or CAO needs to assess if the changes in the ICA of the aircraft require the amendment of the AMP.

7. Embodiment of more than one SC

The embodiment of two or more related SCs described in Subpart B of CS-STAN is permitted as a single change (the use of one EASA Form 123 only) as long as adequate references to and records of all SCs embodied are captured. Restrictions and limitations of the two (or more) SCs would apply. It is permitted to issue a single release to service containing adequate traceability of all the SCs embodied.

8. Acceptable form to be used to record the embodiment of SCs/SRs

See EASA Form 123.

EASA Form 123 — Standard Change/Standard Repair (SC/SR) embodiment record

Form 123 Issue 00

Notes:

Original remains with the legal or natural person responsible for the embodiment of the SC/SR.

The aircraft owner should retain a copy of this form.

The aircraft owner should be provided with copies of the documents referenced in boxes 5 and 7 and those in box 6 marked with an asterisk ‘*’.

The ‘relevant paragraphs’ in boxes 9a and 9b refer to the applicable paragraphs of ‘Subpart A – General’ of CS-STAN and those of the SC/SR quoted in box 2.

For box 12, when the aircraft owner has signed a contract in accordance with ML.A.201, it is possible that the CAMO or CAO representative signs box 12 and provides all relevant information to the owner before next flight.

Completion instructions:

Use English or the official language of the State of registry to fill in the form.

1. Identify the SC/SR with a unique number and reference this number in the aircraft logbook.

2. Specify the applicable EASA CS-STAN chapter including revision (e.g. CS-SCxxxy or CS-SRxxxy) & title. Provide also a short description.

3. Identify the aircraft (a/c) registration, serial number and type.

4. List the parts' numbers and description for the parts installed. Refer to an auxiliary document if necessary.

5. Identify affected aircraft manuals.

6. Refer to the documentation developed to support the SC/SR and its embodiment, including design data required by CS-STAN: design definition, documents recording the showing of compliance with the certification specifications or any test result, etc. The documents' references should quote their revision/issue.

7. Identify instructions for continuing airworthiness that need to be considered for the aircraft maintenance programme review.

8. To be used as deemed necessary by the installer.

9a., 9b., 10. and 12. Self-explanatory.

11. Give full name details and certificate reference (of the natural or legal person) used for issuing the aircraft release to service.

AMC1 ML.A.801(e)  Aircraft certificate of release to service

ED Decision 2020/002/R

(a) The aircraft CRS should contain one of the following statements:

(1) ‘certifies that the work specified, except as otherwise specified, was carried out in accordance with Part-ML, and in respect to that work, the aircraft is considered ready for release to service.’; or

(2) for a pilot-owner:

‘certifies that the limited pilot-owner maintenance specified, except as otherwise specified, was carried out in accordance with Part-ML, and in respect to that work, the aircraft is considered ready for release to service.’.

(b) The CRS should relate to the task specified in the DAH’s or operator’s instruction or the AMP which itself may cross-refer to a DAH’s/operator’s instruction in a maintenance manual, service bulletin, etc. This should indicate the revision status of the maintenance instruction used.

(c) The CRS should include the date when the maintenance took place relative to any life or overhaul limitation in terms of date/flying hours/cycles/ landings etc. as appropriate.

(d) When extensive maintenance has been carried out, it is acceptable for the CRS to summarise the maintenance as long as there is a unique cross reference to the work pack containing full details of the maintenance carried out. Dimensional information should be retained in the work pack record.

(e) The person issuing the CRS should use his or her normal signature except in the case where a computer release-to-service system is used. In this latter case, the competent authority needs to be satisfied that only this particular person may electronically issue the CRS. One such method of compliance is the use of a magnetic or optical personal card in conjunction with a personal identification number (PIN) known only to the individual, which is keyed into the computer. A certification stamp is optional.

(f) At the completion of all maintenance, owners, certifying staff, operators and maintenance organisations should ensure they have a clear, concise and legible record of the work performed.

(g) In the case of an ML.A.801(b)(2) CRS, the independent certifying staff should retain all records necessary to prove that all requirements have been met for the issuance of a CRS.

AMC1 ML.A.801(f)  Aircraft certificate of release to service

ED Decision 2020/002/R

Certain maintenance data issued by the DAH (e.g. AMM) requires that a maintenance task be performed in flight as a necessary condition to complete the maintenance ordered. Within the aircraft limitations, the person authorised to certify the maintenance per ML.A.801 should release the incomplete maintenance before this flight. GM1 ML.A.301(f) describes the relations with the aircraft operator, which retains the responsibility for the MCF. After performing the flight and any additional maintenance necessary to complete the maintenance ordered, a CRS should be issued in accordance with ML.A.801.

ML.A.802 Component certificate of release to service

Regulation (EU) 2019/1383

(a) A component CRS shall be issued after the required maintenance has been carried out properly on an aircraft component in accordance with point ML.A.502.

(b) The authorised release certificate identified as EASA Form 1, as set out Appendix II of Annex I (Part-M) , constitutes the component CRS, except when such maintenance is released at aircraft level, as indicated in point ML.A.502(b).

ML.A.803 Pilot-owner authorisation

Regulation (EU) 2019/1383

(a) To qualify as a pilot-owner, the person must:

(1) hold a valid pilot licence or equivalent licence issued or validated by a Member State for the aircraft type or class rating;

(2) own the aircraft, either as a sole or joint owner; that owner must be, alternatively:

(i) one of the natural persons on the registration form;

(ii) a member of a non-profit recreational legal entity, where the legal entity is specified on the registration document as owner or operator; that member must be directly involved in the decision-making process of the legal entity and designated by that legal entity to carry out Pilot-owner maintenance.

(b) For aircraft operated under Annex VII (Part-NCO) to Regulation (EU) No 965/2012 or, in the case of balloons, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or, in the case of sailplanes, not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976, the pilot-owner may issue a CRS after limited Pilot-owner maintenance as provided for in Appendix II to this Annex.

(c) The CRS shall be entered in the logbooks and contain basic details of the maintenance carried out, the maintenance data used, the date on which that maintenance was completed, as well as the identity, the signature and the pilot licence (or equivalent) number of the pilot-owner issuing such a certificate.

AMC1 ML.A.803  Pilot-owner authorisation

ED Decision 2020/002/R

(a) A pilot-owner may only issue a CRS for the maintenance he or she has performed (ref. ML.A.201(c), ML.A.801 and ML.A.803).

(b) In the case of jointly-owned aircraft, the AMP should list the names of all pilot-owners that are competent and designated to perform pilot-owner maintenance (ref. ML.A.302(c)(6)). As an alternative, the AMP may contain a procedure to ensure how such a list should be managed and kept current.

(c) An equivalent valid pilot-owner licence may be any document attesting a pilot qualification recognised by the Member State.

(d) Not holding a valid medical examination does not invalidate the pilot licence (or equivalent) required under ML.A.803(a)(1) for the purpose of the pilot-owner authorisation.

SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE (ARC)

ML.A.901 Aircraft airworthiness review

Regulation (EU) 2020/270

To ensure the validity of the aircraft airworthiness certificate ('ARC'), an airworthiness review of the aircraft and its continuing airworthiness records shall be carried out periodically.

(a) An ARC is issued in accordance with Appendix IV (EASA Form 15c) to this Annex upon completion of a satisfactory airworthiness review. The ARC shall be valid for 1 year;

(b) The airworthiness review and the issuance of the ARC shall be performed in accordance with point ML.A.903, alternatively by:

(1) the competent authority;

(2) an appropriately approved CAMO or CAO;

(3) the approved maintenance organisation while performing the 100-h/annual inspection contained in the AMP;

(4) for aircraft operated under Annex VII (Part-NCO) to Regulation (EU) No 965/2012 or, in the case of balloons, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395²⁷ Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10). or, in the case of sailplanes, not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976²⁸ Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64)., the independent certifying staff while performing the 100-h/annual inspection contained in the AMP, when holding:

(i) a licence issued in accordance with Annex III (Part-66) rated for the corresponding aircraft or, if Annex III (Part-66) is not applicable to the particular aircraft, a national certifying-staff qualification valid for that aircraft;

(ii) an authorisation issued by, alternatively:

(A) the competent authority who issued the licence issued in accordance with Annex III (Part-66),

(B) if Annex III (Part-66) is not applicable, the competent authority responsible for the national certifying-staff qualification.

Independent certifying staff holding a licence issued in accordance with Annex III (Part-66), may perform airworthiness reviews and issue the ARC for aircraft registered in any Member State. However, independent certifying staff holding a national qualification shall only perform airworthiness reviews and issue the ARC for aircraft registered in the Member State responsible for the national qualification.

ARCs issued by independent certifying staff holding a national qualification shall not benefit from mutual recognition when transferring the aircraft to another Member State.

Whenever circumstances reveal the existence of a potential safety threat, the competent authority shall carry out the airworthiness review and issue the ARC itself.

(c) The validity of an ARC may be extended maximum two consecutive times, for a period of one year each time, by an appropriately approved CAMO or CAO, subject to the following conditions:

(1) the aircraft has been continuously managed for the previous 12 months by this CAMO or CAO;

(2) the aircraft has been maintained for the previous 12 months by approved maintenance organisations; this includes pilot-owner maintenance tasks carried out and released to service either by the pilot-owner or by independent certifying staff;

(3) the CAMO or CAO does not have any evidence or reason to believe that the aircraft is not airworthy.

This extension by the CAMO or CAO is possible regardless of which staff or organisation, as provided for in point (b), initially issued the ARC.

(d) By derogation from point (c), the extension of the ARC may be anticipated for a maximum period of 30 days, without loss of continuity of the airworthiness review pattern, to ensure the availability of the aircraft in order to place the original ARC on board.

(e) When the competent authority carries out the airworthiness review and issues the ARC itself, the owner shall provide the competent authority with:

(1) the documentation required by the competent authority;

(2) suitable accommodation at the appropriate location for its personnel;

(3) when necessary, the support of appropriate certifying staff.

GM1 ML.A.901  Aircraft airworthiness review

ED Decision 2020/002/R

If a CAMO/CAO holding the AR privilege is contracted by the owner, this organisation does not have the obligation to carry out the AR itself. The owner may select another CAMO or CAO to carry out the AR, or request the maintenance organisation to carry it out and issue the ARC in conjunction with the annual inspection.

Please refer to GM1 ML.A.201 to identify the cases where the owner may also request an independent certifying staff (authorised by the competent authority) to carry out the AR and issue the ARC in conjunction with the annual inspection.

Point ML.A.901(b) gives a list of the different organisations or persons that are allowed to perform an AR; it does not presume that they have the obligation to accept a request to carry out an AR.

ML.A.902 Validity of the airworthiness review certificate

Regulation (EU) 2019/1383

(a) An ARC becomes invalid if, alternatively:

(1) it is suspended or revoked;

(2) the airworthiness certificate is suspended or revoked;

(3) the aircraft is not in the aircraft register of a Member State;

(4) the type certificate under which the airworthiness certificate was issued is suspended or revoked.

(b) An aircraft shall not fly if the ARC is invalid or if any of the following circumstances are present:

(1) the continuing airworthiness of the aircraft or any component fitted to the aircraft does not meet the requirements of this Annex;

(2) the aircraft does not remain in conformity with the type design approved by the Agency;

(3) the aircraft has been operated beyond the limitations of the approved flight manual or airworthiness certificate, without appropriate action being taken;

(4) the aircraft has been involved in an accident or incident that affects the airworthiness of the aircraft, without subsequent appropriate action to restore airworthiness;

(5) a modification or repair to the aircraft or any component fitted to the aircraft is not in compliance with Annex I (Part-21) to Regulation (EU) No 748/2012.

(c) Upon surrender or revocation, the ARC shall be returned to the competent authority.

ML.A.903 Airworthiness review process

Regulation (EU) 2019/1383

(a) To satisfy the requirement for the airworthiness review of an aircraft referred to in point ML.A.901, the airworthiness review staff shall perform a documented review of the aircraft records to verify that:

(1) airframe, engine and propeller flying hours and associated flight cycles have been properly recorded;

(2) the flight manual is applicable to the aircraft configuration and reflects the latest revision status;

(3) all the maintenance due on the aircraft according to the AMP has been carried out;

(4) all known defects have been corrected or deferred in a controlled manner;

(5) all applicable ADs have been applied and properly registered;

(6) all modifications and repairs made to the aircraft have been registered and are in compliance with Annex I (Part-21) to Regulation (EU) No 748/2012;

(7) all service-life-limited components installed on the aircraft are properly identified, registered and have not exceeded their approved service life limit;

(8) all maintenance has been certified in accordance with this Annex;

(9) if required, the current mass-and-balance statement reflects the configuration of the aircraft and is valid;

(10) the aircraft complies with the latest revision of its type design approved by the Agency;

(11) if required, the aircraft holds a noise certificate corresponding to the current configuration of the aircraft in compliance with Subpart I of Annex I (Part-21) to Regulation (EU) No 748/2012.

(b) The airworthiness review staff referred to in point (a) shall carry out a physical survey of the aircraft. For this survey, airworthiness review staff not appropriately qualified under Annex III (Part-66) shall be assisted by such qualified personnel.

(c) Through the physical survey of the aircraft, the airworthiness review staff shall ensure that:

(1) all required markings and placards are properly installed;

(2) the aircraft complies with its approved flight manual;

(3) the aircraft configuration complies with the approved documentation;

(4) no evident defect can be found that has not been addressed according to point ML.A.403;

(5) no inconsistencies can be found between the aircraft and the documented review of records as referred to in point (a).

(d) By derogation from point ML.A.901(a), the airworthiness review may be anticipated for a maximum period of 90 days, without loss of continuity of the airworthiness review pattern, so as to allow the physical review to take place during a maintenance check.

(e) The ARC (EASA Form 15c) set out to in Appendix IV shall only be issued:

(1) by appropriately authorised airworthiness review staff;

(2) when the airworthiness review has been completely carried out, all findings have been closed;

(3) when any discrepancy found in the AMP in accordance with point (h) has been satisfactorily addressed.

(f) A copy of any ARC issued or extended for an aircraft shall be sent to the Member State of registry of that aircraft within 10 days.

(g) Airworthiness review tasks shall not be subcontracted.

(h) The effectiveness of the AMP may be reviewed in conjunction with the airworthiness review in accordance with point (c)(9) of point ML.A.302. This review shall be completed by the person who performed the airworthiness review. If the review shows deficiencies of the aircraft linked with deficiencies in the content of the AMP, the AMP shall be amended accordingly. The person performing the review shall inform the competent authority of the Member State of registry if he does not agree with the measures amending the AMP taken by the owner, CAMO or CAO. In such case the competent authority shall decide which amendments to the AMP are necessary, raising the corresponding findings defined in point ML.B.903 and, if necessary, reacting in accordance with point ML.B.304.

AMC1 ML.A.903(h)  Airworthiness review

ED Decision 2020/002/R

REVIEW OF AMP IN CONJUNCTION WITH AR

This review of the maintenance programme is performed by the person who performed the AR, who could belong to the competent authority, a CAMO, a CAO or a maintenance organisation or could also be independent certifying staff in accordance with ML.A.901(b)(4) M.A.901(g).

This person is not responsible for the completeness of this AMP, but may do some sampling as part of the investigations and the findings discovered during the physical review.

More details on the annual review are provided in AMC1 ML.A.302(c)(9).

ML.A.904 Qualification of airworthiness review staff

Regulation (EU) 2020/270

(a) Airworthiness review staff acting on behalf of the competent authority shall be qualified in accordance with point ML.B.902.

(b) Airworthiness review staff acting on behalf of an organisation referred to in Subpart F or Subpart G of Annex I (Part-M), Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part‑CAO) shall be qualified in accordance with Subpart F or Subpart G of Annex I (Part-M), Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part-CAO), respectively.

(c) Airworthiness review staff acting on their own behalf, as permitted pursuant to point ML.A.901(b)(4), shall:

(1) hold a licence issued in accordance with Annex III (Part-66) rated for the corresponding aircraft or, if Annex III (Part-66) is not applicable to the particular aircraft, hold a national certifying-staff qualification valid for that aircraft; and

(2) hold an authorisation issued by, alternatively:

(i) the competent authority who issued the licence in accordance with Annex III (Part‑66);

(ii) if Annex III (Part-66) is not applicable, the competent authority responsible for the national certifying-staff qualification.

(d) The authorisation required under point (c)(2) shall be issued by the competent authority when:

(1) the competent authority has assessed that the person has the knowledge of the parts of this Annex relevant to continuing-airworthiness management, performance of airworthiness reviews and issuance of ARCs;

(2) the person has satisfactorily performed an airworthiness review under the supervision of the competent authority.

This authorisation shall remain valid for a duration of 5 years as long as the holder has performed at least 1 airworthiness review every 12-months. If this is not the case, a new airworthiness review shall be satisfactorily performed under the supervision of the competent authority.

Upon expiration of its validity, the authorisation shall be renewed for another 5 years subject to a new compliance with points (d)(1) and (d)(2). There is no limit to the number of renewals.

The holder of the authorisation shall keep records of all the airworthiness reviews performed and shall make them available, upon request, to any competent authority and to any aircraft owner for whom they are performing an airworthiness review.

This authorisation may be revoked by the competent authority at any time if it is not satisfied with the competence of the holder or with the use of such an authorisation.

GM1 ML.A.904(c);(d)  Qualification of airworthiness review staff

ED Decision 2020/002/R

AR BY INDEPENDENT CERTIFYING STAFF

(a) ML.A.904(c) and (d) refer to the independent certifying staff. The terms ‘corresponding aircraft’ or ‘particular aircraft’ mean that the person meets at the time of the AR the certifying staff requirements for the aircraft subject to the AR.

(b) The authorisation issued to the certifying staff by the competent authority is only granted after assessment of the knowledge required in point (d)(1) and after the satisfactory performance of an AR under supervision of the competent authority (point (d)(2)).

ML.A.905 Transfer of aircraft registration within the Union

Regulation (EU) 2019/1383

(a) When transferring an aircraft registration within the Union, the applicant shall:

(1) first, provide the former Member State  with the name of the Member State in which the aircraft will be registered;

(2) and subsequently apply to the new Member State for the issuance of a new airworthiness certificate in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012.

(b) Notwithstanding point (a)(3) of point ML.A.902, the former ARC shall remain valid until its expiry date, except when the ARC was issued by independent certifying staff holding a national certifying-staff qualification in accordance with point (b)(4) of point ML.A.901, in which case point ML.A.906 shall apply.

(c) Notwithstanding points (a) and (b), in those cases where the aircraft was in a non-airworthy condition in the former Member State or where the airworthiness status of the aircraft cannot be determined using the existing records, point ML.A.906 shall apply.

ML.A.906 Airworthiness review of aircraft imported into the Union

Regulation (EU) 2019/1383

(a) When importing an aircraft from a third country onto a Member State register, the applicant shall:

(1) apply to the competent authority of the Member State of registry for the issuance of a new airworthiness certificate in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012;

(2) for aircraft other than new, have an airworthiness review carried out satisfactorily in accordance with point ML.A.901;

(3) have all maintenance carried out to comply with the approved or declared AMP.

(b) If the aircraft complies with the relevant requirements, the competent authority, the CAMO or CAO, the maintenance organisation or the independent certifying staff performing the airworthiness review, as provided for in point (b) of point ML.A.901, shall issue an ARC and shall submit a copy to the competent authority of the Member State of registry.

(c) The owner shall allow access to the aircraft for inspection by the competent authority of the Member State of registry.

(d) A new airworthiness certificate shall be issued by the competent authority of the Member State of registry if the aircraft complies with Annex I (Part-21) to Regulation (EU) No 748/2012.

ML.A.907 Findings

Regulation (EU) 2019/1383

(a) Findings are categorised as follows:

(1) A Level 1 finding is any finding of significant non-compliance with the requirements of this Annex which lowers the safety standard and seriously endangers flight safety.

(2) A Level 2 finding is any finding of non-compliance with the requirements of this Annex which may lower the safety standard and may endanger flight safety.

(b) After receipt of notification of findings in accordance with point ML.B.903, the person or organisation, having responsibilities pursuant to point ML.A.201, shall define and demonstrate to the competent authority within a period agreed with this authority a corrective action plan , aimed at preventing reoccurrence of the finding and its root cause.

SECTION B — PROCEDURE FOR COMPETENT AUTHORITIES

SUBPART A — GENERAL

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.

SUBPART B — ACCOUNTABILITY

ML.B.201 Responsibilities

Regulation (EU) 2019/1383

The competent authority referred to in point (b) of point ML.1 shall be responsible for conducting inspections and investigations in order to verify that the requirements of this Annex are complied with.

AMC1 ML.B.201  Responsibilities

ED Decision 2020/002/R

Template that can be used by the owner, CAO or CAMO upon request by the competent authority to collect information about the AMP

SUBPART C — CONTINUING AIRWORTHINESS

ML.B.302 Exemptions

Regulation (EU) 2019/1383

All exemptions granted in accordance with Article 71 of Regulation (EC) 2018/1139 shall be recorded and retained by the competent authority.

ML.B.303 Aircraft continuing-airworthiness monitoring

Regulation (EU) 2019/1383

(a) The competent authority shall develop a survey programme following a risk-based approach to monitor the airworthiness status of the fleet of aircraft on its register.

(b) A survey programme shall include sample product surveys of aircraft and shall cover all aspects of airworthiness key risk elements.

(c) A sample product survey shall sample the airworthiness standards achieved, on the basis of the applicable requirements, and identify any findings.

(d) Any findings identified shall be categorised in accordance with point ML.B.903 and confirmed in writing to the person or organisation responsible pursuant to point ML.A.201. The competent authority shall have a procedure in place to analyse findings as for their safety significance.

(e) The competent authority shall record all findings and closure actions.

(f) If during aircraft monitoring, evidence is found showing non-compliance with this or other Annexes, the finding shall be dealt with as provided for by the relevant Annex.

(g) If so required to ensure appropriate enforcement action, the competent authority shall exchange information on non-compliances identified in accordance with point (f) with other competent authorities.

AMC1 ML.B.303  Aircraft continuing airworthiness monitoring

ED Decision 2020/002/R

The competent authority survey programme developed in accordance with Part-M (M.B.303) provides an acceptable basic structure for the survey programme required for Part-ML aircraft.

ML.B.304 Revocation, suspension and limitation

Regulation (EU) 2019/1383

The competent authority shall:

(a) suspend an ARC on reasonable grounds in the case of a potential safety threat; or

(b) suspend or revoke an ARC pursuant to point (a) of point ML.B.903.

The competent authority who issued the airworthiness review authorisation pursuant to point (c) of point ML.A.904 for independent certifying staff shall revoke such authorisation if the holder shows poor performance of the airworthiness review or uses such authorisation in inappropriate manner.

SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE (ARC)

ML.B.902 Airworthiness review by the competent authority

Regulation (EU) 2020/270

(a) When the competent authority carries out the airworthiness review and issues the ARC set out in Appendix IV to this Annex (EASA Form 15c), the competent authority shall carry out an airworthiness review in accordance with point ML.A.903.

(b) The competent authority shall have appropriate airworthiness review staff to carry out the airworthiness reviews. These staff shall have acquired all of the following:

(1) at least 3 years of experience in continuing airworthiness;

(2) an appropriate licence in compliance with Annex III (Part-66) or a nationally-recognised maintenance personnel qualification appropriate to the aircraft category (when Article 5(6) of Regulation (EU) No 1321/2014 refers to national rules) or an aeronautical degree or equivalent;

(3) an appropriate aeronautical-maintenance training;

(4) a position that authorises that person to sign on behalf of the competent authority.

Notwithstanding points (1) to (4), the requirement of point ML.B.902(b)(2) may be replaced by 4 years of experience in continuing airworthiness, in addition to those already required by point ML.B.902(b)(1).

(c) The competent authority shall maintain a record of all airworthiness review staff, which shall include details of any appropriate qualification held together with a summary of relevant continuing airworthiness management experience and training.

(d) During the performance of the airworthiness review, the competent authority shall have access to the applicable data as specified in points ML.A.305 and ML.A.401.

(e) The staff that carries out the airworthiness review shall issue an airworthiness review certificate (EASA Form 15c), as set out in Appendix IV, after satisfactory completion of the airworthiness review.

(f) Whenever circumstances reveal the existence of a potential safety threat, the competent authority shall carry out the airworthiness review and issue the ARC itself.

ML.B.903 Findings

Regulation (EU) 2019/1383

If during aircraft surveys or by other means, evidence is found showing non-compliance with requirements of this Annex, the competent authority shall:

(a) for Level 1 findings, require appropriate corrective action to be taken before further flight, and immediately revoke or suspend the ARC; and

(b) for Level 2 findings, impose the corrective action appropriate to the nature of the finding.