M.B.101 Scope

Regulation (EU) No 1321/2014

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

M.B.102 Competent authority

Regulation (EU) No 1321/2014

(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 carry out the requirements as detailed in this Section.

(c) Qualification and training

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

(d) Procedures

The competent authority shall establish procedures detailing how compliance with this Annex (Part-M) is accomplished.

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

AMC M.B.102(a) Competent authority — General

ED Decision 2020/002/R

1. In deciding upon the required airworthiness organisational structure, the competent authority should review the number of certificates to be issued, the number and size of potential operators, the number of approved maintenance organisations and CAMOs within that Member State, as well as the level of civil aviation activity, number and complexity of aircraft and the size of the Member State’s aviation industry.

2. The competent authority should retain effective control of important inspection functions and not delegate them in such a way that aircraft owners, operators, approved maintenance organisations and CAMOs, in effect, regulate themselves in airworthiness matters.

3. The set-up of the organisational structure should ensure that the various tasks and obligations of the competent authority are not relying on individuals. That means that a continuing and undisturbed fulfilment of these tasks and obligations of the competent authority should also be guaranteed in case of illness, accident or leave of individual employees.

AMC1 M.B.102(c) Competent authority — Qualification and training

ED Decision 2016/011/R

1. Competent authority inspectors should have:

1.1. practical experience and expertise in the application of aviation safety standards and safe operating practices;

1.2. comprehensive knowledge of:

(a) relevant parts of implementing rules, certification specifications and guidance material;

(b) the competent authority’s procedures;

(c) the rights and obligations of an inspector;

(d) quality systems;

(e) continuing airworthiness management;

(f) operational procedures when affecting the continuing airworthiness management of the aircraft or the maintenance.

1.3. training on auditing techniques.

1.4. five years relevant work experience to be allowed to work as an inspector independently. This may include experience gained during training to obtain the subparagraph 1.5 qualification.

1.5. a relevant engineering degree or an aircraft maintenance technician qualification with additional education. ‘Relevant engineering degree’ means an engineering degree from aeronautical, mechanical, electrical, electronic, avionic or other studies relevant to the maintenance and continuing airworthiness of aircraft/aircraft components.

1.6. knowledge of a relevant sample of the type(s) of aircraft gained through a formalised training course including Fuel Tank Safety (FTS) training as described in Appendix XII to AMC M.A.706(f) and AMC1 M.B.102(c). These courses should be at least at a level equivalent to Part-66 Appendix III Level 1 General Familiarisation.

‘Relevant sample’ means that these courses should cover typical systems embodied in those aircraft being within the scope of approval.

1.7. knowledge of maintenance standards.

2. In addition to technical competency, inspectors should have a high degree of integrity, be impartial in carrying out their tasks, be tactful, and have a good understanding of human nature.

3. A programme for continuation training should be developed which provides for the inspectors, at regular intervals, to visit appropriate manufacturers and attend technical symposia as well as training or refresher courses to gain first-hand knowledge of new developments. As a general policy, it is not desirable for the inspectors to obtain technical qualifications from those entities under their direct regulatory jurisdiction.

AIRCRAFT CONTINUING AIRWORTHINESS MONITORING (ACAM) INSPECTORS

1. ACAM in-depth surveys should be performed by competent authority inspectors qualified in accordance with M.B.102(c).

2. ACAM ramp surveys may be performed by inspectors qualified for the technical tasks of ramp inspections in accordance with other Parts, or by inspectors qualified in accordance with M.B.102(c).

AMC M.B.102(d) Competent authority organisation — Procedures

ED Decision 2015/029/R

The documented procedures should contain the following information:

(a) The Member State’s designation of the competent authority(ies).

(b) The title(s) and name(s) of the manager(s) of the competent authority and their duties and responsibilities.

(c) Organisation chart(s) showing associated chains of responsibility of the senior persons.

(d) A procedure defining the qualifications for staff together with a list of staff authorised to sign certificates.

(e) A general description of the facilities.

(f) Procedures specifying how the competent authority(ies) ensure(s) compliance with Part-M.

M.B.103 Findings and enforcement measure - persons

Regulation (EU) 2019/1383

If, during oversight or by any other means, evidence is found by the competent authority responsible for oversight in accordance with this Annex that shows a non-compliance with the applicable requirements of Regulation (EU) 2018/1139  by a person holding a licence, certificate, rating or attestation issued in accordance with Regulation (EU) 2018/1139, the competent authority that identified the non-compliance shall take any enforcement measures necessary to prevent the continuation of that non-compliance.

M.B.104 Record-keeping

Regulation (EU) 2020/270

(a) The competent authorities shall establish a system of record-keeping that allows adequate traceability of the process to issue, continue, change, suspend or revoke each certificate.

(b) The records for the oversight of organisations approved in accordance with this Annex shall include as a minimum:

1. the application for an organisation approval;

2. the organisation approval certificate including any changes;

3. a copy of the audit programme listing the dates when audits are due and when audits were carried out;

4. the competent authority continued oversight records including all audit records;

5. copies of all relevant correspondence;

6. details of any exemption and enforcement actions;

7. any report from other competent authorities relating to the oversight of the organisation;

8. organisation exposition or manual and amendments;

9. copy of any other document directly approved by the competent authority.

(c) The retention period for the point (b) records shall be at least 5 years.

(d) The minimum records for the oversight of each aircraft shall include, at least, a copy of:

1. the aircraft certificate of airworthiness;

2. airworthiness review certificates;

3. airworthiness review recommendations issued by CAO or CAMO;

4. the reports from the airworthiness reviews carried out directly by the competent authority;

5. all relevant correspondence relating to the aircraft;

6. the details of any exemption and enforcement action(s);

7. any document approved by the competent authority pursuant to this Annex  or Annex II to Regulation (EU) No 965/2012 (Part-ARO).

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

(f) All records shall be made available upon request by another Member State or the Agency.

AMC M.B.104(a) Record-keeping

ED Decision 2015/029/R

1. The record-keeping system should ensure that all records are accessible whenever needed within a reasonable time. These records should be organized in a consistent way throughout the competent authority (chronological, alphabetical order, etc.).

2. All records containing sensitive data regarding applicants or organisations should be stored in a secure manner with controlled access to ensure confidentiality of this kind of data.

3. All computer hardware used to ensure data backup should be stored in a different location from that containing the working data in an environment that ensures they remain in good condition. When hardware- or software-changes take place special care should be taken that all necessary data continues to be accessible at least through the full period specified in M.B.104(c) and/or (e).

AMC M.B.104(f) Record-keeping

ED Decision 2015/029/R

The cases, when records shall be made available should be limited to:

               incidents or accidents,

               findings through the aircraft continuing monitoring program where organisations approved by another competent authority are involved, to determine the root cause,

               aircraft mainly operated in another Member State,

               an aircraft previously operated in another Member State,

               an organisation having approvals in several Member States.

When records are requested from another Member State, the reason for the request should be clearly stated. The records can be made available by sending a copy or by allowing their consultation.

M.B.105 Mutual exchange of information

Regulation (EU) 2020/270

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

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

AMC M.B.105(a) Mutual exchange of information

ED Decision 2015/029/R

One typical case where the mutual exchange of information is necessary is when an aircraft is transferred inside the EU according to M.A.903. When notified of such a transfer, a competent authority should inform the competent authority where the aircraft will be registered of any known problems with the aircraft being transferred. Furthermore, the competent authority where the aircraft will be registered should ensure that the former competent authority has been properly notified that the aircraft is leaving.