FAQ n.47696

Can a competent authority require the owner/ CAMO to include national requirements in the Aircraft Maintenance Programme (AMP), based on M.A.302(d)(i)?

Answer

Although the Member State’s competent authorities are responsible for approving the AMP, the intention of the rule is that they should not impose aeronautical instructions (such as national requirements) in addition to the instructions for continuing airworthiness (ICA) issued by the design approval holder during the certification process with the Agency. The Agency is, on behalf of the Member States, the competent authority for initial airworthiness as per article 20(1) of regulation (EC) 216/2008 (the EASA ‘Basic Regulation’). Following M.A.302(d)(ii), those ICA shall be the basis to develop an AMP.

Nevertheless, competent authorities may issue alternate instructions to ICA when such instructions aim to offer flexibility to the operator [AMC M.A.302(d) point (2)].

Additionally, the mentioned AMC facilitates the rare case, where there have been no ICA issued by the design approval holder for a particular aircraft, modification, repair or STC (Supplemental Type Certificate): competent authorities may issue relevant instructions for the AMP in this case.

 

Remarks:

  • The airworthiness (initial and continuing) of the aircraft referred to in Annex II to the Basic Regulation has to comply with the national rules of the state of registry, which may include ‘national requirements’.
  • If the AMP is self-declared, based on the M.A.302(h) alleviation for ELA1 aircraft not involved in commercial operation, it cannot be initially challenged by the competent authority and the owner assumes full responsibility for its content (including potential deviations to ICA - see FAQ n.43423).
  • There is no equivalent of US CFR Title 14 Part-43 Appendix E/Part-91 (§91.411) or Part-43 Appendix F/Part-91 (§91.413) in the EU system.
Last updated: 
19/07/2018

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