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Commission Regulation (EU) No 1321/2014Dangos y teitl llawn

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 (Recast) (Text with EEA relevance)

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[F1 Article 1 U.K. Subject-matter and scope

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 [F2the United Kingdom], unless their regulatory safety oversight has been delegated to a third country and they are not used by [F3a UK] operator; or

(ii)

registered in a third country and used by [F4a UK] operator, where their regulatory safety oversight has been delegated to [F5the United Kingdom];

(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 [F6the United Kingdom] that are dry leased-in by a licence air carrier in accordance with Regulation (EC) No 1008/2008 of the European Parliament and the Council (1).]

Textual Amendments

Article 2U.K.Definitions

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)

[F1‘ 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 [F7United Kingdom];

(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)

[F8‘ 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[F1;]

(n)

[F9‘ 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 965/2012 (2) ;

(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 [F10CAA];

(iii)

introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in [F11the United Kingdom] and approved in accordance with Commission Regulation (EU) No 1178/2011 (3) , 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.]

Textual Amendments

[F12[X1 Article 3 U.K. Continuing airworthiness requirements

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 [F13CAA] 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 748/2012 (4) .

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 [F1424 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.]]

[F15 Article 4 U.K. Approvals for organisations involved in the continuing airworthiness [of aircraft]

1 . Organisations involved in the continuing airworthiness of aircraft and components for installation thereon, including maintenance, shall be approved, upon their request, by the [F16CAA] 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.

[F171A.By way of derogation from paragraph 1, organisations involved in the maintenance of components for installation in aircraft, whose principal place of business is in a third country, may demonstrate its capability by holding a maintenance organisation approval certificate, complete with the appropriate rating and limitation, issued by that State for the part and appliance for which it applies, provided:

(a)that State is the State in which maintenance of the component is undertaken; and

(b)the CAA has determined that the system of that State includes the same independent level of checking compliance as provided by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State.]

2 . By way of derogation from paragraph 1, until 24 September 2020 organisations may, upon their request, be issued approvals by the [F18CAA] 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 September 2021 .

3 . Maintenance organisation approval certificates issued or recognised by [F19the CAA] in accordance with the certification specification JAR-145 referred to in Annex II to Council Regulation (EEC) No 3922/91 (5) 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 [F20CAA] a Form 3-CAO as set out in Appendix I to Annex Vd (Part-CAO) and thereafter be overseen by the [F20CAA] 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 September 2021 , 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 September 2021 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 [F21CAA][F22a CAA Form 14] approval certificate in accordance with Annex Vc (Part-CAMO) and thereafter be overseen by the [F23CAA] in accordance with Annex Vc (Part-CAMO).

By way of derogation from point CAMO.B.350 of Annex Vc (Part-CAMO), until 24 September 2021 , 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 September 2021 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.]

[F24A maintenance organisation that holds a valid approval certificate issued in accordance with Annex II (Part-145) must correct any findings of non-compliance related to the implementation of the Safety Management System requirements before 1 July 2026.

Where, on or after 1 July 2026, the organisation has not closed such findings, the approval certificate must be revoked, limited or suspended in whole or in part.]

Textual Amendments

Article 5U.K.Certifying staff

[F12[X11. 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), [F25M.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), in points F26... CAO.A.040(b) [F27and 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 [F28the CAA] 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.

[F296. Until specific requirements for certifying staff for components are added to this Regulation, the requirements laid down in [F30other relevant enactments continue to apply].]

[F317.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 1 July 2024 continue to be valid until they expire or until they are revoked by the maintenance organisation.]

Editorial Information

Textual Amendments

Article 6U.K.Training organisation requirements

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 [F32the CAA] 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 7U.K.

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.

F33 Article 7a U.K. Competent authorities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 8U.K.Entry into force

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

F342.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 2a.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F363.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 [F37Regulation (EU) No 1149/2011 applied, the origin of time shall be the date by which Regulation (EU) No 1149/2011] applied.

F385.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F86. By way of derogation from paragraph 1:

F39(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F407.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

X2Article 9U.K. [F41[X2Agency measures]]

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F42...

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