The European Implementing Rules for continuing airworthiness(EU) 1321/2014 do apply to
third-country registered aircraft if:
- The regulatory safety oversight of such aircraft has been delegated to one of the Member States (*), in which case Part-M (Annex I) applies [see Article 3(1) of (EU) 1321/2014] or
- The aircraft is dry leased-in by an EU licenced air carrier, in which case Part-T (Annex Va) is applicable [see Article 3(5) of (EU) 1321/2014].
When third-country registered aircraft are not captured by above-mentioned cases, it is advised to go back to the foundation of the EASA system, namely the Basic Regulation (BR), Regulation (EC) 216/2008.
Reference should be made to Annex IV (Essential requirements for air operations) in accordance with Article 8(1) for the aircraft described in Article 4(1)(c). Point 6 in Annex IV of the BR describes air operations requirements related to continuing airworthiness, such as the requirement for release to service, pre-flight inspection, maintenance programme, records, … Being part of an Annex relevant to air operations, these requirements have to be overseen by the competent authority of the state of the operator.
Furthermore, as required by point 8 of Annex IV of the BR for complex motor-powered a/c (as defined in Article 3(j)) and forcommercial operation (as defined in Article 3(i)), the continuing airworthiness tasks (including maintenance) shall be controlled by an organisation, whose obligations (such as establishment of an organisation manual) are specified in point 3.a. of Annex I and point 8.g. of Annex IV of the BR.
(*) – The transfer of a state’s oversight responsibility is addressed in Article 83 bis of Chicago Convention.