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.
As regard to the approval of the continuing airworthiness organisations, what is the sharing of responsibilities between EASA and the EASA Member States? How to get a list of the EASA approved continuing airworthiness organisations?
According to Article 20 of (EC) No.216/2008 on common rules in the field of civil aviation and establishing a EASA, the Agency is responsible for :
- The management of all applications for organisations whose principal place of business is outside the territory of the EASA Member States (MS) for EASA Part-145 maintenance organisation approvals (MOA), EASA Part-147 maintenance training organisation approvals (MTOA), EASA Part-M Subpart G continuing airworthiness management organisation (CAMO) and EASA Part-M Subpart F approvals (Subpart F).
- The oversight of related certificates and their continued surveillance.
These activities are as follows:
- MOA: Part-145 organisations ('Foreign', USA and Canada ),
- MTOA: Part-147 organisations,
- CAMO: Part-M Subpart G organisations,
- Subpart F : Part-M Subpart F organisations.
Such organisations, generally nicknamed as “foreign” organisations, are managed by EASA in accordance with the relevant Annexes of Regulation (EU) No.1321/2014 and the associated EASA procedures. For more information, see Continuing-airworthiness-organisations where the lists of such “foreign” organisations are available as well as the fees and charges Regulations.
The management of all applications for organisations whose principal place of business is inside the territory of the EASA Member States (MS) is performed by the competent authorities of these MS.
Therefore, information about continuing airworthiness management organisations, maintenance organisations and maintenance training organisation which have principal place of business within any of the EASA MS is kept up-to-date by the competent authorities from these EASA MS. You may contact these authorities at http://easa.europa.eu/the-agency/member-states or consult their public websites when the MS accepted to publish these lists on a voluntary basis.
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.