What is the difference between Commission Regulation (EU) No 1321/2014 of 26 November 2014 and Commission Regulation (EC) No 2042/2003 as amended?
Commission Regulation (EU) No 1321/2014 of 26 November 2014 is an official consolidated version of Commission Regulation (EC) No 2042/2003 and its amendments published up to date, as follows:
- (EC) No 707/2006;
- (EC) No 376/2007;
- (EC) No 1056/2008;
- (EU) No 127/2010;
- (EU) No 962/2010;
- (EU) No 1149/2011; and
- (EU) No 593/2012.
You can access the various lingual and format versions at: http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1421934905395&uri=CELEX:32014R1321 .
Commission Regulation (EU) No 1321/2014 (recast) repeals Regulation (EC) 2042/2003 and its amendments. Its date of application is 20 days after 17/12/2014 (date of publication in the Official Journal).
Some subsequent changes in that new Regulation compared to the old one(s) were deemed necessary but remain very minor, without any impact in its implementation. The following items can be mentioned:
- The Cover Regulation, i.e. the recitals and articles at the beginning of the document have been adjusted;
- Article 6(3) of Regulation (EU) 1321/2014 introduces new provisions related to 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, which further refers to Part-66 Appendix III points 1 (a)(ii) and (b)(ii).
- Some editorial corrections were introduced with no effect in its implementation.
- Regulation (EU) No 1321/2014 contains references to Regulation (EC) 2042/2003 in the approval certificates (EASA Forms). These references will be changed with the next amending regulation planned before summer 2015.Until that moment the templates for the certificates and forms shall be used as published in Regulation (EU) 1321/2014
The existing approved AMCs/GMs covered by the EASA Decisions, which complemented (EC) 2042/2003 as amended , keep on being valid for newly published Commission Regulation (EU) 1321/2014.
Concerning the approval of the continuing airworthiness organisations, what is the sharing of responsibilities between EASA and the national competent authorities of the EASA Member States? How to get the lists of the approved continuing airworthiness organisations?
In accordance with point 2(b) in Article 77 of the Basic Regulation (i.e. Regulation (EU) 2018/1139 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency), EASA is responsible for the organisations whose principal place of business is outside the territories for which the EASA Member States are responsible under the Chicago Convention.
For more information, see the website Continuing-airworthiness-organisations, where the lists of organisations managed by the Agency are available.
This webpage also includes the lists of the Part-145 maintenance organisations managed on the basis of the Bilateral Aviation Safety Agreements (BASAs) with Brazil, Canada and USA.
In all other cases, and in the absence of the implementation of Articles 64 or 65 of the Basic Regulation, the organisation is managed by the national competent authority of the EASA Member State in whose territory the principal place of business of the organisation is located.
Therefore, information request (including on the application process) about those organisations should be directed to the EASA Member State national competent authorities.
You may contact them using information available on http://easa.europa.eu/the-agency/member-states, or consult their public websites, when they accepted, on a voluntary basis, to publish the lists of the organisations they manage.
The continuing airworthiness organisations concerned are the following:
- Part-145 (Annex II) maintenance organisations
- Part-147 (Annex IV) maintenance training organisations
- Continuing airworthiness management organisations: Part-M Subpart G until 24 September 2021 and Part-CAMO (Annex Vc) from 24 March 2020
- Part-M Subpart F maintenance organisations until 24 September 2021
- From 24 March 2020, Part-CAO (Annex Vd) combined airworthiness organisations.
Where can I find the continuing airworthiness requirements for third-country registered aircraft used by EU operator/owner?
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 (EU) 2018/1139.
Reference should be made to Annex V (Essential requirements for air operations) in accordance with Article 29 for the aircraft described in Article 2(1)(b)(ii). Point 6 in Annex V 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 V of the BR, for commercial air transport and other operations subject to a certification or declaration requirement performed with aeroplanes, helicopters or tilt rotor aircraft, the continuing airworthiness management and maintenance tasks shall be controlled by an organisation, whose obligations (such as establishment of a management system) are referred to in points 8.8 and 8.9 of Annex V.
(*) – The transfer of a state’s oversight responsibility is addressed in Article 83bis bis of Chicago Convention.