COMMISSION REGULATION (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks

Regulation (EU) No 1321/2014

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC4 OJ L 79, 19.3.2008, p. 1., and in particular Article 5(5) and 6(3) thereof,

Whereas:

(1) Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks5 OJ L 315, 28.11.2003, p. 1. has been substantially amended several times6 See Annex V.. Since further amendments are to be made, it should be recast in the interests of clarity.

(2) Regulation (EC) No 216/2008 establishes common essential requirements to provide for a high uniform level of civil aviation safety and environmental protection; it requires the Commission to adopt the necessary implementation rules to ensure their uniform application; it establishes the European Aviation Safety Agency (hereinafter referred to as the ‘Agency’) to assist the Commission in the development of such implementing rules.

(3) It is necessary to lay down common technical requirements and administrative procedures to ensure the continuing airworthiness of aeronautical products, parts and appliances subject to Regulation (EC) No 216/2008.

(4) Organisations and personnel involved in the maintenance of products, parts and appliances should be required to comply with certain technical requirements in order to demonstrate their capability and means of discharging their obligations and associated privileges; the Commission is required to lay down measures to specify conditions of issuing, maintaining, amending, suspending or revoking certificates attesting such compliance.

(5) The need to ensure uniformity in the application of common technical requirements in the field of continuing airworthiness of aeronautical parts and appliances requires that common procedures be followed by competent authorities to assess compliance with these requirements; the Agency should develop certification specifications to facilitate the necessary regulatory uniformity.

(6) It is necessary to recognise the continuing validity of certificates issued before entry into force of Regulation (EC) No 2042/2003, in accordance with Article 69 of Regulation (EC) No 216/2008.

(7) Article 5 of Regulation (EC) No 216/2008 dealing with airworthiness was extended to include the elements of operational suitability evaluation into the implementing rules for type-certification.

(8) The European Aviation Safety Agency (the ‘Agency’) found that it was necessary to amend Commission Regulation (EU) No 748/20127 OJ L 224, 21.8.2012, p. 1. in order to allow the Agency to approve operational suitability data as part of the type-certification process.

(9) The operational suitability data should include mandatory training elements for type rating training of maintenance certifying staff. Those elements should be the basis for developing type training courses.

(10) The requirements related to the establishment of certifying staff type rating training courses need to be amended to refer to the operational suitability data.

(11) The Agency prepared draft implementing rules on the concept of operational suitability data and submitted them as an opinion8 Opinion No 07/2011 of the European Aviation Safety Agency of 13th December 2011, available at http://easa.europa.eu/agency-measures/opinions.php to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.

(12) The measures provided by this Regulation are in accordance with the Opinion of the European Aviation Safety Agency Committee9 Opinion of the European Aviation Safety Agency Committee, 23 September 2003. established by Article 65(1) of Regulation (EC) No 216/2008,

HAS ADOPTED THIS REGULATION:

Article 1 Subject-matter and scope

Regulation (EU) 2015/1536

This Regulation establishes common technical requirements and administrative procedures to ensure:

(a) the continuing airworthiness of aircraft, including any component for installation thereto, which are:

(i) registered in a Member State, unless their regulatory safety oversight has been delegated to a third country and they are not used by an EU operator; or

(ii) registered in a third country and used by an EU operator, where their regulatory safety oversight has been delegated to a Member State;

(b) compliance with the essential requirements set out in Regulation (EC) No 216/2008 for continuing airworthiness of aircraft registered in a third country and components for installation thereon for which their regulatory safety oversight has not been delegated to a Member State that are dry leased-in by a licence air carrier in accordance with Regulation (EC) No 1008/2008 of the European Parliament and the Council10 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3)..

Article 2 Definitions

Regulation (EU) 2022/410

Within the scope of Regulation (EC) No 216/2008, the following definitions shall apply:

(a) ‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth's surface;

(b) ‘certifying staff’ means personnel responsible for the release of an aircraft or a component after maintenance;

(c) ‘component’ means any engine, propeller, part or appliance;

(d) ‘continuing airworthiness’ means all of the processes ensuring that, at any time in its operating life, the aircraft complies with the airworthiness requirements in force and is in a condition for safe operation;

(e) ‘JAA’ means ‘Joint Aviation Authorities.’;

(f) ‘JAR’ means ‘Joint Aviation Requirements’;

(g) ‘commercial air transport (CAT) operation’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration;

(h) ‘maintenance’ means any one or combination of the following activities: overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;

(i) ‘organisation’ means a natural person, a legal person or part of a legal person. Such an organisation may be established at more than one location whether or not within the territory of the Member States;

(j) ‘pre-flight inspection’ means the inspection carried out before flight to ensure that the aircraft is fit for the intended flight;

(k) ‘ELA1 aircraft’ means the following manned European light aircraft:

(i) an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft;

(ii) a sailplane or powered sailplane of 1 200 kg MTOM or less;

(iii) a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air balloons, 1 050 m3 for gas balloons, 300 m3 for tethered gas balloons;

(iv) an airship designed for not more than four occupants and a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air airships and 1 000 m3 for gas airships;

(ka) ‘ELA2 aircraft’ means the following manned European Light Aircraft:

(i) an aeroplane with a Maximum Take-off Mass (MTOM) of 2 000 kg or less that is not classified as complex motor-powered aircraft;

(ii) a sailplane or powered sailplane of 2 000 kg MTOM or less;

(iii) a balloon;

(iv) a hot air ship;

(v) a gas airship complying with all of the following characteristics:

               3 % maximum static heaviness,

               non-vectored thrust (except reverse thrust),

               conventional and simple design of structure, control system and ballonet system, and

               non-power assisted controls;

(vi) a Very Light Rotorcraft;

(l) ‘LSA aircraft’ means a light sport aeroplane which has all of the following characteristics:

(i) a Maximum Take-off Mass (MTOM) of not more than 600 kg;

(ii) a maximum stalling speed in the landing configuration (VS0) of not more than 45 knots Calibrated Airspeed (CAS) at the aircraft's maximum certificated take-off mass and most critical centre of gravity;

(iii) a maximum seating capacity of no more than two persons, including the pilot;

(iv) a single, non-turbine engine fitted with a propeller;

(v) a non-pressurised cabin;

(m) ‘principal place of business’ means the head office or the registered office of the undertaking within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;

(n) ‘critical maintenance task’ means a maintenance task that involves the assembly or any disturbance of a system or any part on an aircraft, engine or propeller that, if an error occurred during its performance, could directly endanger the flight safety;

(o) ‘commercial specialised operations’ means those operations subject to the requirements of Part-ORO, Subpart-SPO set out in Annex III to Commission Regulation (EU) No 965/201211 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).;

(p) ‘limited operations’ means the operations of other-than-complex motor-powered aircraft for:

(i) cost-shared flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six;

(ii) competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority;

(iii) introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and approved in accordance with Commission Regulation (EU) No 1178/201112 Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1)., or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation;

For the purpose of this Regulation, ‘limited operations’ are not considered as CAT operations or commercial specialised operations;

(q) ‘introductory flight’ means ‘introductory flight’ as defined in Article 2(9) of Regulation (EU) No 965/2012;

(r) ‘competition flight’ means ‘competition flight’ as defined in Article 2(10) of Regulation (EU) No 965/2012;

(s) ‘flying display’ means ‘flying display’ as defined in Article 2(11) of Regulation (EU) No 965/2012;

(t) ‘management systems harmonisation’ means the coordinated process by which the management systems of two or more organisations interact and share information and methods to reach common or consistent safety and compliance monitoring objectives.

Article 3 Continuing airworthiness requirements

Regulation (EU) 2021/700

1. The continuing airworthiness of aircraft referred to in point (a) of Article 1 and components for installation thereon shall be ensured in accordance with the requirements of Annex I (Part-M), except for aircraft listed in the first subparagraph of paragraph 2 to which the requirements of Annex Vb (Part-ML) shall apply.

2. The requirements of Annex Vb (Part-ML) shall apply to the following other than complex motor-powered aircraft:

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

(b) rotorcraft of 1 200 kg maximum take-off mass or less, certified for a maximum of up to 4 occupants;

(c) other ELA2 aircraft.

Where aircraft referred to points (a), (b) and (c) of the first subparagraph is listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008, the requirements of Annex I (Part-M) shall apply.

3. In order to be listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008, aircraft referred to in points (a), (b) and (c) of the first subparagraph of paragraph 2 shall comply with all of the following requirements:

(a) its aircraft maintenance programme has been approved by the competent authority in accordance with point M.A.302 of Annex I (Part-M);

(b) due maintenance required by the maintenance programme referred to in point (a) has been performed and certified in accordance with point 145.A.48 and 145.A.50 of Annex II (Part-145);

(c) an airworthiness review has been performed and a new airworthiness review certificate has been issued in accordance with point M.A.901 of Annex I (Part-M).

4. By way of derogation from paragraph 1 of this Article, the continuing airworthiness of aircraft referred to in point (a) of Article 1, for which a permit to fly has been issued, shall be ensured on the basis of the specific continuing airworthiness arrangements defined in the permit to fly issued in accordance with Annex I (Part-21) to Commission Regulation (EU) No 748/201213 Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).

5. Aircraft maintenance programmes for aircraft referred to in point (a) of Article 1 that comply with the requirements specified in point M.A.302 of Annex I (Part-M) applicable before 24 March 2020 shall be deemed to comply with the requirements specified in point M.A.302 of Annex I (Part-M) or point ML.A.302 of Annex Vb (Part-ML), as applicable, in accordance with paragraphs 1 and 2.

6. Operators shall ensure the continuing airworthiness of aircraft referred to in point (b) of Article 1 and components for installation thereon in accordance with the requirements of Annex Va (Part-T).

7. The continuing airworthiness of aeroplanes with a maximum certificated take-off mass at or below 5 700 kg which are equipped with multiple turboprop engines shall be ensured in accordance with the requirements applicable to other than complex motor-powered aircraft as set out in points M.A.201, M.A.301, M.A.302, M.A.601 and M.A.803 of Annex I (Part-M), point 145.A.30 of Annex II (Part-145), points 66.A.5, 66.A.30, 66.A.70, Appendix V and VI of Annex III (Part-66), point CAMO.A.315 of Annex Vc (Part-CAMO), point CAO.A.010 and Appendix I of Annex Vd (Part-CAO) to the extent that they apply to other than complex motor-powered aircraft.

GM Articles 3 and 4 Continuing airworthiness requirements and approvals for organisations involved in the continuing airworthiness

ED Decision 2020/002/R

In accordance with Articles 3 and 4, as well as M.A.201 and ML.A.201, the following table provides a summary of the applicability of the Annexes to Regulation (EU) No 1321/2014 related to continuing airworthiness requirements and organisations involved therein.

 

Non-licenced air carrier

Licenced air carrier14 Air carrier licensed in accordance with Regulation (EC) No 1008/2008.

Non-commercial

Commercial15 Commercial = balloon operated under Subpart-ADD of Part-BOP or sailplane operated under Subpart-DEC of Part-SAO or other aircraft, not operated under Part-NCO; includes commercial ATO and commercial DTO.

Non-CMPA

CMPA

Non-CMPA

CMPA

Non-CMPA

CMPA16 CMPA = Complex motor-powered aircraft, ref. Article 3(j) of Regulation (EC) No 216/2008.

‘Light’17 ‘Light’ a/c (not formal denomination) = Aeroplanes up to 2 730 kg MTOM, rotorcraft up to 1 200 kg MTOM / max 4 occupants, and other ELA2 aircraft.

Non-‘Light’

‘Light’

Non-‘Light’

Part-M (Annex I)

N/A

Part-M mandatory

N/A

Part-M mandatory

Part-ML (Annex Vb)

Part-ML mandatory

N/A

Part-ML mandatory

N/A

Part-CAMO (Annex Vc)

Individual CAM18 Individual CAM (not formal denomination) = continuing airworthiness of the a/c managed by the owner under its own responsibility.

or CAO-CAM

or CAMO

Part-CAMO mandatory

CAO-CAM19 CAO-CAM (not formal denomination) = Part-CAO organisation with continuing airworthiness management privilege.

or CAMO

Part-CAMO mandatory

Part-CAO

(Annex Vd)

for CA management

(CAO-CAM)

N/A

N/A

for maintenance

(CAO-M)

Individual maintenance20 Individual maintenance (not formal denomination) = maintenance released by pilot-owner or independent certifying staff.

or CAO-M21 CAO-M (not formal denomination) = Part-CAO organisation with maintenance privilege.

or Part-145

N/A

CAO-M

or Part-145

N/A

Part-145 (Annex II)

Part-145 mandatory

Part-145 mandatory

Article 4 Approvals for organisations involved in the continuing airworthiness [of aircraft]

Regulation (EU) 2021/1963

1. Organisations involved in the continuing airworthiness of aircraft and components for installation thereon, including maintenance, shall be approved, upon their request, by the competent authority in accordance with the requirements of Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part-CAO), as applicable to the respective organisations.

2. By way of derogation from paragraph 1, until 24 September 2020 organisations may, upon their request, be issued approvals by the competent authority in accordance with Subpart F and Subpart G of Annex I (Part-M). All approvals issued in accordance with Subpart F and Subpart G of Annex I (Part-M) shall be valid until 24 March 2022.

3. Maintenance organisation approval certificates issued or recognised by a Member State in accordance with the certification specification JAR-145 referred to in Annex II to Council Regulation (EEC) No 3922/9122 Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (OJ L 373, 31.12.1991, p. 4). and valid before 29 November 2003 shall be deemed to have been issued in accordance with the requirements of Annex II (Part-145) to this Regulation.

4. Organisations that hold a valid organisation approval certificate issued in accordance with Subpart F or Subpart G of Annex I (Part-M) or with Annex II (Part-145) shall, upon their request, be issued by the competent authority a Form 3-CAO as set out in Appendix I to Annex Vd (Part-CAO) and thereafter be overseen by the competent authority in accordance with Annex Vd (Part-CAO).

The privileges of such an organisation under the approval issued in accordance with Annex Vd (Part-CAO) shall be the same as privileges under the approval issued in accordance with Subpart F or Subpart G of Annex I (Part-M) or with Annex II (Part-145). However, those privileges shall not exceed the privileges of an organisation referred to in Section A of Annex Vd (Part-CAO).

By way of derogation from point CAO.B.060 of Annex Vd (Part-CAO), until 24 March 2022, the organisation may correct any findings of non-compliance related to requirements introduced by Annex Vd (Part-CAO) which are not included in Subpart F or Subpart G of Annex I (Part-M) or in Annex II (Part-145).

If after 24 March 2022 the organisation has not closed these findings, the approval certificate shall be revoked, limited or suspended in whole or in part.

5. Organisations that hold a valid continuing airworthiness management organisation approval certificate issued in accordance with Subpart G of Annex I (Part-M) shall, upon their request, be issued by the competent authority an EASA Form 14 approval certificate in accordance with Annex Vc (Part-CAMO) and thereafter be overseen by the competent authority in accordance with Annex Vc (Part-CAMO).

By way of derogation from point CAMO.B.350 of Annex Vc (Part-CAMO), until 24 March 2022, the organisation may correct any findings of non-compliance related to requirements introduced by Annex Vc (Part-CAMO) and not included in Subpart G of Annex I (Part-M).

If after 24 March 2022 the organisation has not closed these findings, the approval certificate shall be revoked, limited or suspended in whole or in part.

6. Certificates and aircraft maintenance programme approvals issued pursuant to Regulation (EU) No 1321/2014 as applicable before 24 March 2020 shall be deemed to have been issued in accordance with this Regulation.

7. By way of derogation from points (1) and (2) of point 145.B.350(d) of Annex II (Part-145), a maintenance organisation that holds a valid approval certificate issued in accordance with Annex II (Part-145) may correct, until 2 December 2024, any findings of non-compliance related to the Annex II requirements introduced by Commission Regulation (EU) 2021/196323 OJ L 400, 12.11.2021, p. 18.

Where after 2 December 2024 the organisation has not closed such findings, the approval certificate shall be revoked, limited or suspended in whole or in part.

GM Article 4(1) Approvals for organisations involved in the continuing airworthiness

ED Decision 2022/011/R

In addition to the Annex I (Part-M) or Annex Vb (Part-ML) provisions directly referred to in Annex Vd (Part-CAO) (such as reference to point ML.A.501 in CAO.A.050), the following requirements shall also be considered by the Part-CAO organisations:

               M.A.201(c) or ML.A.201(c) Responsibilities,

               M.A.403(b) or ML.A.403(b) Aircraft defects.

Article 5 Certifying staff

Regulation (EU) 2021/1963

1. Certifying staff shall be qualified in accordance with the requirements of Annex III (Part-66), except as provided for in points M.A.606(h), M.A.607(b), M.A.801(c) and M.A.803 of Annex I (Part-M), in points ML.A.801(c) and ML.A.803 of Annex Vb (Part-ML), CAO.A.040(b) and CAO.A.040(c) of Annex Vd (Part-CAO) and in points 145.A.30(j) of and Appendix IV to Annex II (Part-145).

2. Any aircraft maintenance licence and, if any, the technical limitations associated with that licence, issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid at the time of entry into force of Regulation (EC) No 2042/2003, shall be deemed to have been issued in accordance with this Regulation.

3. Certifying staff holding a licence issued in accordance with Annex III (Part-66) in a given category/sub-category are deemed to have the privileges described in point 66.A.20(a) of the same Annex corresponding to such a category/sub-category. The basic knowledge requirements corresponding to these new privileges shall be deemed as met for the purpose of extending such licence to a new category/sub-category.

4. Certifying staff holding a licence including aircraft which do not require an individual type rating may continue to exercise his/her privileges until the first renewal or change, where the licence shall be converted following the procedure described in point 66.B.125 of Annex III (Part-66) to the ratings defined in point 66.A.45 of the same Annex.

5. Conversion reports and Examination credit reports complying with the requirements applicable before Regulation (EU) No 1149/2011 applied shall be deemed to be in compliance with this Regulation.

6. Until specific requirements for certifying staff for components are added to this Regulation, the requirements laid down in the national laws in force in the relevant Member State shall continue to apply, except for maintenance organisations located outside the Union where the requirements shall be approved by the Agency.

7. Limited certifying staff authorisations issued to flight engineer licence holders pursuant to point 145.A.30(j)(3) or (4) of Annex II (Part-145) before 2 December 2022 shall remain valid until they expire or until they are revoked by the maintenance organisation.

Article 6 Training organisation requirements

Regulation (EU) No 1321/2014

1.  Organisations involved in the training of personnel referred to in Article 5 shall be approved in accordance with Annex IV (Part-147) to be entitled:

(a) to conduct recognised basic training courses; and/or

(b)  to conduct recognised type training courses; and

(c) to conduct examinations; and

(d)  to issue training certificates.

2.  Any maintenance training organisation approval issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid at the time of entry into force of Regulation (EC) No 2042/2003 shall be deemed to have been issued in accordance with this Regulation.

3.  Type training courses approved before the approval of the minimum syllabus of certifying staff type rating training in the operational suitability data for the relevant type in accordance with Regulation (EU) No 748/2012 shall include the relevant elements defined in the mandatory part of that operational suitability data not later than 18 December 2017 or within two years after the operational suitability data was approved, whichever is the latest.

Article 7

Regulation (EU) No 1321/2014

Regulation (EC) No 2042/2003 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VI.

Article 7a Competent authorities

Regulation (EU) 2019/1383

1. Where a Member State designates more than one entity as competent authority with the necessary powers and allocated responsibilities for the certification and oversight of persons and organisations subject to this Regulation, the following requirements shall be complied with:

(a) the areas of competence of each competent authority shall be clearly defined, in particular in terms of responsibilities and geographic limitations;

(b) coordination shall be established between those authorities in order to ensure effective certification and oversight of all organisations and persons subject to this Regulation within their respective remits.

2. Member States shall ensure that the personnel of their competent authorities do not perform certification and oversight activities when there are indications that this could result, directly or indirectly, in a conflict of interest, in particular when relating to family or financial interest.

3. Where necessary to carry out certification or oversight tasks under this Regulation, the competent authorities shall be empowered to:

(a) examine the records, data, procedures, and any other material relevant to the execution of the certification and/or oversight tasks;

(b) make copies or extracts from such records, data, procedures and other material;

(c) ask for an oral explanation on-site from any of the personnel of those organisations;

(d) enter relevant premises, operating sites or means of transport owned or used by those persons;

(e) perform audits, investigations, assessments, inspections, including unannounced inspections, in respect of those organisations;

(f) take or initiate enforcement measures as appropriate.

4. The powers referred to in paragraph 3 shall be exercised in compliance with the legal provisions of the relevant Member State.

Article 8 Entry into force

Regulation (EU) 2021/700

1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2. By way of derogation from paragraph 1, Member States may elect not to apply:

(a) for the maintenance of piston-engine non-pressurised aeroplanes of 2000 kg MTOM and below not involved in commercial air transport, until 28 September 2014, the requirement to have certifying staff qualified in accordance with Annex III (Part-66) contained in the following provisions:

               points M.A.606(g) and M.A.801(b)2 of Annex I (Part-M),

               points 145.A.30(g) and (h) of Annex II (Part-145);

(b) [Deleted]

(c) for aircraft registered in a third country and dry leased-in by air carriers licenced in accordance with Regulation (EC) No 1008/2008, until 25 August 2017, the requirements of Annex Va.

2a. By way of derogation from paragraph 1, the requirements for aircraft used for commercial specialised operations and CAT other than those by air carriers licenced in accordance with Regulation (EC) No 1008/2008, set out in Regulation (EU) No 965/2012, as amended by Regulation (EU) No 379/201424 Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 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 123, 24.4.2014, p. 1)., shall apply from 21 April 2017.

Until that time:

               The provisions of Annex I, point M.A.201(f) shall apply to complex motor-powered aircraft used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;

               The provisions of Annex I, point M.A.201(h) shall apply to other than complex motor-powered aircraft, used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;

               The provisions of Annex I, point M.A.306(a) shall apply to aircraft used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and aircraft used by operators requested by a Member State to hold a certificate for commercial operations;

               The provisions of Annex I, point M.A.801(c) shall apply to ELA1 not used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and not used by commercial ATOs;

               The provisions of Annex I, point M.A.803(b) shall apply to non-complex motor-powered aircraft of 2730 kg MTOM and below, sailplane, powered sailplane or balloon, not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs;

               The provisions of Annex I, point M.A.901(g) shall apply to ELA1 aircraft not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs.

3. When a Member State makes use of the provisions of paragraph 2 it shall notify the Commission and the Agency.

4. For the purpose of time limits contained in points 66.A.25, 66.A.30 and Appendix III of Annex III (Part-66) related to basic knowledge examinations, basic experience, theoretical type training and examinations, practical training and assessment, type examinations and on the job training completed before Regulation (EU) No 1149/2011 applied, the origin of time shall be the date by which Regulation (EU) No 1149/2011 applied.

5. [Deleted]

6. By way of derogation from paragraph 1:

(a) competent authorities or, where applicable, organisations may continue to issue certificates, previous issue, as laid down in Appendix III to Annex I (Part-M) or Appendix II and Appendix III to Annex IV (Part-147) to Regulation (EU) No 1321/2014, in force prior to 27 July 2015, until 31 December 2015.

(b) certificates issued before 1 January 2016 remain valid until they are changed, suspended or revoked.

Entry into force of Commission Regulation (EU) 2018/1142

Regulation (EU) 2018/1142 (Article 2)

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 5 March 2019.

However, […] for the maintenance of ELA1 aeroplanes not involved in CAT operations and of aircraft other than aeroplanes and helicopters:

(a)  the requirement for the competent authority to issue aircraft maintenance licences in accordance with Annex III (Part-66), as new or as converted, pursuant to point 66.A.70 of that Annex, shall apply from 1 October 2019;

(b)  the requirement for certifying staff to be qualified in accordance with Annex III (Part-66) laid down in points M.A.606(g) and M.A.801(b)(2) of Annex I (Part-M) and in point 145.A.30(g) and (h) of Annex II (Part-145) shall apply from 1 October 2020.

Regulation (EU) No 1321/2014

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 November 2014.


For the Commission
The President
Jean-Claude JUNCKER