Annex Vb (Part-ML)

GENERAL

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

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

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) 2018/1976⁴¹, 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 965/2012⁴², 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.

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

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.

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.

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.

ED Decision 2023/013/R

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

Accountable persons or organisations should liaise with the DAH or the declarant of a declaration of design compliance to determine whether published or proposed service information will resolve a 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

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.

ED Decision 2023/013/R

MAINTENANCE CHECK FLIGHTS (MCFs)

(a)The definition of and operational requirements for MCFs are laid down in the Air Operations Regulation⁴³ 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 or the declarant of a declaration of design compliance, 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.

Regulation (EU) 2023/989

(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);

(c)the ICA issued by the declarant of a declaration of design compliance.

(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.

ED Decision 2023/013/R

(a)The aircraft should only be maintained according to a single 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 the data issued by the DAH or the declarant of a declaration of design compliance), 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.

ED Decision 2023/013/R

EASA FORM AMP

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

EASA Form AMP, Issue 2

ED Decision 2023/013/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 the declarant of a declaration of design compliance, or based 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 instructions issued by the DAH or the declarant of a declaration of design compliance;

(4)justifies any deviations from the instructions issued by the DAH or the declarant of a declaration of design compliance; when those 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 instructions issued by the DAH or the declarant of a declaration of design compliance (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 instructions issued by the DAH or the declarant of a declaration of design compliance, 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.

ED Decision 2023/013/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:

ED Decision 2023/013/R

When evaluating an alternative to a maintenance task issued or recommended by the DAH or the declarant of a declaration of design compliance, such as the extension of TBO intervals, or when considering not to include a maintenance task issued or recommended by the DAH or the declarant of a declaration of design compliance, 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 recommendations issued by the DAH or the declarant of a declaration of design compliance. 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, it does not need to justify such deviations.

ED Decision 2023/013/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 data issued by the DAH or the declarant of a declaration of design compliance;

(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 or Part 21 Light, such as airworthiness directives (ADs), airworthiness limitations, certification maintenance requirements and specific maintenance requirements contained in the type certificate data sheet (TCDS) or airworthiness data sheet (for aircraft subject to a declaration of design compliance).

(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 recommendations issued by the DAH or the declarant of a declaration of design compliance, which were initially disregarded by the owner, CAMO or CAO.

ED Decision 2023/013/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.

‘Declarant’ refers to the natural of legal person who has submitted a declaration of design compliance in accordance with Part 21 Light.

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

Tasks or intervals (e.g. escalations) alternative to those of the ICA issued by the DAH or the declarant 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.

ED Decision 2023/013/R

ALTERNATIVE MAINTENANCE ACTIONS

‘Maintenance actions alternative to those referred to in point (c)(2)(b)’ refer to when the ICA issued by the DAH or the declarant of a declaration of design compliance 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 instructions issued by the DAH or the declarant of a declaration of design compliance, introducing, for example, a less frequent interval than or a different task type (inspection instead of check) from 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.

ED Decision 2023/013/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, declarant of a declaration of design compliance 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 airworthiness data sheet or contact the DAH or the declarant of a declaration of design compliance.

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.