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Editorial Information
X1 Inserted by Corrigendum to Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management (Official Journal of the European Union L 228 of 4 September 2019).
Textual Amendments
F1 Inserted by Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management (Text with EEA relevance).
This Section establishes the requirements to be met by an organisation to qualify for the issue or continuation of a certificate for the management of continuing airworthiness of an aircraft and of components for installation.
For the purpose of this Annex, the competent authority shall be:
the authority designated by the Member State where that organisation's principal place of business is located, if the approval is not included in an air operator certificate;
the authority designated by the Member State of the operator, if the approval is included in an air operator certificate;
the Agency, if the organisation's principal place of business is located in a third country.
The application for a certificate or an amendment to an existing certificate in accordance with this Annex shall be made in a form and manner established by the competent authority, taking into account the applicable requirements of Annex I (Part-M), Annex Vb (Part-ML) and this Annex.
Applicants for an initial certificate pursuant to this Annex shall provide the competent authority with:
the results of a pre-audit performed by the organisation against the applicable requirements provided for in Annex I (Part-M), Annex Vb (Part-ML) and this Annex;
documentation demonstrating how they will comply with the requirements established in this Regulation.
Such documentation shall include, as provided for in point CAMO.A.130, a procedure describing how changes not requiring prior approval will be managed and notified to the competent authority.
Alternative means of compliance to the AMC adopted by the Agency may be used by an organisation to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts.
When an organisation wishes to use an alternative means of compliance, it shall, prior to using it, provide the competent authority with a full description of the alternative means of compliance. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment demonstrating compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts.
The organisation may use these alternative means of compliance subject to prior approval by the competent authority, and upon receipt of the notification as provided for in point CAMO.B.120.
The approval is indicated on the certificate, which is included in Appendix I, and is issued by the competent authority.
Notwithstanding point (a), for air carriers licensed in accordance with Regulation (EC) No 1008/2008, the approval shall be part of the air operator certificate issued by the competent authority for the aircraft operated.
The scope of work shall be specified in the continuing airworthiness management exposition (CAME) in accordance with point CAMO.A.300.
An organisation approved in accordance with this Annex may:
manage the continuing airworthiness of aircraft, except those used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, as listed on the certificate;
manage the continuing airworthiness of aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, when listed both on its certificate and on its air operator certificate;
arrange to carry out limited continuing airworthiness tasks with any subcontracted organisation, working under its management system, as listed on the certificate;
[F2extend an airworthiness review certificate under the conditions of point M.A.901(f) of Annex I (Part-M) or point ML.A.901(c) of Annex Vb (Part-ML), as applicable.]
[F3approve the AMP, in accordance with point (b)(2) of point ML.A.302, for aircraft managed in accordance with Annex Vb (Part-ML).]
An organisation approved in accordance with this Annex and having its principal place of business in one of the Member States, may additionally be approved to carry out airworthiness reviews in accordance with point M.A.901 of Annex I (Part-M) or point ML.A.903 of Annex Vb (Part-ML) as applicable, and:
[F2issue the related airworthiness review certificate and extend it in due time under the conditions of point M.A.901(c)(2) and point M.A.901(e)(2) of Annex I (Part-M) or point ML.A.901(c) of Annex Vb (Part-ML), as applicable;]
issue a recommendation for the airworthiness review to the competent authority of the Member State of registry, under the conditions of point (d) of point M.A.901 or point (b) of point M.A.904 of Annex I (Part-M).
An organisation holding the privileges referred to in point (e) may additionally be approved to issue a permit to fly in accordance with point (d) of point 21.A.711 of Annex I (Part-21) to Regulation (EU) No 748/2012 for the particular aircraft for which the organisation is approved to issue the airworthiness review certificate, when the organisation is attesting conformity with approved flight conditions, subject to an adequate procedure in the CAME referred to in point CAMO.A.300.
Textual Amendments
F2 Substituted by Commission Implementing Regulation (EU) 2020/270 of 25 February 2020 amending Regulation (EU) No 1321/2014 as regards transitional measures for organisations involved in the continuing airworthiness for general aviation and continuing airworthiness management and correcting that Regulation (Text with EEA relevance).
F3 Inserted by Commission Implementing Regulation (EU) 2020/270 of 25 February 2020 amending Regulation (EU) No 1321/2014 as regards transitional measures for organisations involved in the continuing airworthiness for general aviation and continuing airworthiness management and correcting that Regulation (Text with EEA relevance).
The following changes to the organisation shall require prior approval:
changes that affect the scope of the certificate or the terms of approval of the organisation;
changes to personnel nominated in accordance with points (a)(3) to (a)(5) and (b)(2) of point CAMO.A.305;
changes to the reporting lines between the personnel nominated in accordance with points (a)(3) to (a)(5) and (b)(2) of point CAMO.A.305, and the accountable manager;
the procedure as regards changes not requiring prior approval referred to in point (c).
For any changes requiring prior approval in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts, the organisation shall apply for and obtain an approval issued by the competent authority. The application shall be submitted before any such change takes place, in order to enable the competent authority to determine continued compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts and to amend, if necessary, the organisation certificate and related terms of approval attached to it.
The organisation shall provide the competent authority with any relevant documentation.
The change shall only be implemented upon receipt of formal approval by the competent authority in accordance with point CAMO.B.330.
The organisation shall operate under the conditions established by the competent authority during such changes, as applicable.
All changes not requiring prior approval shall be managed and notified to the competent authority as defined in the procedure referred to in point (b) of point CAMO.A.115 and approved by the competent authority in accordance with point (h) of point CAMO.B.310.
The organisation's certificate shall remain valid subject to compliance with all of the following conditions:
the organisation remaining in compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts, taking into account the provisions related to the handling of findings as specified under point CAMO.B.350;
the competent authority being granted access to the organisation as specified in point CAMO.A.140;
the certificate not being surrendered or revoked.
For air carriers licensed in accordance with Regulation (EC) No 1008/2008, termination, suspension or revocation of the air operator certificate automatically invalidates the organisation certificate in relation to the aircraft registrations specified in the air operator certificate, unless otherwise explicitly stated by the competent authority.
Upon revocation or surrender, the certificate shall be returned to the competent authority without delay.
For the purpose of determining compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, the organisation shall grant access at any time to any facility, aircraft, document, records, data, procedures or any other material relevant to its activity subject to certification, whether it is contracted/subcontracted or not, to any person authorised by one of the following authorities:
the competent authority defined in point CAMO.A.105;
the authority acting under the provisions of point (d) of point CAMO.B.300 or point (e) of point CAMO.B.300.
After receipt of notification of findings according to point CAMO.B.350, the organisation shall:
identify the root cause or causes of and contributing factors to the non-compliance;
define a corrective action plan;
demonstrate corrective action implementation to the satisfaction of the competent authority.
Actions referred to in points (a)(1), (a)(2) and (a)(3) shall be performed within the period agreed with that competent authority as defined in point CAMO.B.350.
The organisation shall implement:
any safety measures mandated by the competent authority in accordance with point CAMO.B.135;
any relevant mandatory safety information issued by the Agency.
As part of its management system the organisation shall implement an occurrence reporting system that meets the requirements defined in Regulation (EU) No 376/2014 and Implementing Regulation (EU) 2015/1018 (1) .
Without prejudice to point (a), the organisation shall ensure that any incident, malfunction, technical defect, exceeding of technical limitations, occurrence that would highlight inaccurate, incomplete or ambiguous information contained in data established in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012 or other irregular circumstance that has or may have endangered the safe operation of the aircraft and that has not resulted in an accident or serious incident are reported to the competent authority and to the organisation responsible for the design of the aircraft.
Without prejudice to Regulation (EU) No 376/2014 and Implementing Regulation (EU) 2015/1018, the reports referred to in points (a) and (b) shall be made in a form and manner established by the competent authority and shall contain all pertinent information about the condition known to the organisation.
Reports shall be made as soon as possible, but in any case within 72 hours of the organisation identifying the condition to which the report relates, unless exceptional circumstances prevent this.
Where relevant, the organisation shall produce a follow-up report to provide details of actions it intends to take to prevent similar occurrences in the future, as soon as these actions have been identified. This report shall be produced in a form and manner established by the competent authority.
The organisation shall establish, implement, and maintain a management system that includes:
clearly defined lines of responsibility and accountability throughout the organisation, including a direct safety accountability of the accountable manager;
a description of the overall philosophies and principles of the organisation with regard to safety, referred to as the safety policy;
the identification of aviation safety hazards entailed by the activities of the organisation, their evaluation and the management of associated risks, including taking actions to mitigate the risks and verify their effectiveness;
maintaining personnel trained and competent to perform their tasks;
documentation of all management system key processes, including a process for making personnel aware of their responsibilities and the procedure for amending this documentation;
a function to monitor compliance of the organisation with the relevant requirements. Compliance monitoring shall include a feedback system of findings to the accountable manager to ensure effective implementation of corrective actions as necessary;
any additional requirements that are laid down in this Regulation.
The management system shall correspond to the size of the organisation and the nature and complexity of its activities, taking into account the hazards and associated risks inherent in these activities.
Where the organisation holds one or more additional organisation certificates within the scope of Regulation (EU) 2018/1139 and its delegated and implementing acts, the management system may be integrated with that required under the additional certificate(s) held.
Notwithstanding point (c), for air carriers licensed in accordance with Regulation (EC) No 1008/2008, the management system provided for in this Annex shall be an integrated part of the operator's management system.
As part of its management system, the organisation shall establish an internal safety reporting scheme to enable the collection and evaluation of such occurrences to be reported under point CAMO.A.160.
The scheme shall also enable the collection and evaluation of those errors, near misses, and hazards reported internally that do not fall under point (a).
Through this scheme, the organisation shall:
identify the causes of and contributing factors to any errors, near misses, and hazards reported and address them as part of safety risk management in accordance with point (a)(3) of point CAMO.A.200;
ensure evaluation of all known, relevant information relating to errors, the inability to follow procedures, near misses, and hazards, and a method to circulate the information as necessary.
The organisation shall provide access to its internal safety reporting scheme to any subcontracted organisation.
The organisation shall cooperate on safety investigations with any other organisation having a significant contribution to the safety of its own continuing airworthiness management activities.
The organisation shall ensure that when contracting maintenance or when subcontracting any part of its continuing airworthiness management activities:
these activities conform to the applicable requirements; and
any aviation safety hazards associated with such contracting or subcontracting are considered as part of the organisation's management system.
When the organisation subcontracts any part of its continuing airworthiness management activities to another organisation, the subcontracted organisation shall work under the approval of the organisation. The organisation shall ensure that the competent authority is given access to the subcontracted organisation, to determine continued compliance with the applicable requirements.
The organisation shall provide suitable office accommodation at appropriate locations for the personnel specified in point CAMO.A.305.
Continuing airworthiness management records
The organisation shall ensure that records required by points M.A.305, ML.A.305 and, if applicable point M.A.306, are retained.
The organisation shall record all details of work carried out.
If the organisation has the privilege referred to in point (e) of point CAMO.A.125, it shall retain a copy of each airworthiness review certificate and recommendation issued or, as applicable, extended, together with all supporting documents. In addition, the organisation shall retain a copy of any airworthiness review certificate that it has extended under the privilege referred to in point (d)(4) of point CAMO.A.125.
If the organisation has the privilege referred to in point (f) of point CAMO.A.125, it shall retain a copy of each permit to fly issued in accordance with the provisions of point 21.A.729 of Annex I (Part-21) to Regulation (EU) No 748/2012.
The organisation shall retain a copy of all records referred to in points (a)(2) to (a)(4) until 3 years after the responsibility for the aircraft in accordance with points M.A.201 or ML.A.201 has been permanently transferred to another person or organisation.
Where the organisation terminates its operation, all retained records shall be transferred to the owner of the aircraft.
Management system, contracting and subcontracting records
The organisation shall ensure that the following records are retained:
records of management system key processes as defined in point CAMO.A.200;
contracts, both for contracting and subcontracting, as defined in point CAMO.A.205;
Management system records, as well as any contracts pursuant to point CAMO.A.205, shall be kept for a minimum period of 5 years.
Personnel records
The organisation shall ensure that the following records are retained:
records of qualification and experience of personnel involved in continuing airworthiness management, compliance monitoring and safety management;
records of qualification and experience of all airworthiness review staff, as well as staff issuing recommendations and permits to fly.
The records of all airworthiness review staff, staff issuing recommendations and staff issuing permits to fly shall include details of any appropriate qualification held together with a summary of the relevant continuing airworthiness management experience and training and a copy of the authorisation.
Personnel records shall be kept as long as the person works for the organisation, and shall be retained until 3 years after the person has left the organisation.
The organisation shall establish a system of record-keeping that allows adequate storage and reliable traceability of all activities developed.
The format of the records shall be specified in the organisation's procedures.
Records shall be stored in a manner that ensures protection from damage, alteration and theft.
The organisation shall provide the competent authority with a CAME and, where applicable, any referenced associated manuals and procedures, containing all of the following information:
a statement signed by the accountable manager confirming that the organisation will at all times work in accordance with this Annex, Annex I (Part-M) and Annex Vb (Part-ML), as applicable, and with the approved CAME. When the accountable manager is not the chief executive officer of the organisation, then such chief executive officer shall countersign the statement;
the organisation's safety policy as defined in point (a)(2) of point CAMO.A.200;
the organisation's scope of work relevant to the terms of approval;
a general description of the manpower resources and of the system in place to plan the availability of staff as required by point (d) of point CAMO.A.305;
the title(s) and name(s) of person(s) referred to in points (a)(3) to (a)(5), (b)(2) and (f) of point CAMO.A.305;
the duties, accountabilities, responsibilities and authorities of the persons nominated under points (a)(3) to (a)(5), (b)(2), (e) and (f) of point CAMO.A.305;
an organisation chart showing the associated chains of accountability and responsibility between all the person(s) referred to in points (a)(3) to (a)(5), (b)(2), (e) and (f) of point CAMO.A.305, and related to point (a)(1) of point CAMO.A.200;
a list of staff authorised to issue airworthiness review certificates or recommendations referred to in point (e) of point CAMO.A.305, specifying, where applicable, the staff authorised to issue permits to fly in accordance with point (c) of point CAMO.A.125;
a general description and location of the facilities;
the description of the internal safety reporting scheme as required by point CAMO.A.202;
the procedures specifying how the organisation ensures compliance with this Annex, Annex I (Part-M) and Annex Vb (Part-ML), as applicable, including in particular:
the documentation of management system key processes as required by point CAMO.A.200;
procedures defining how the organisation controls any contracted and subcontracted activities as required by point CAMO.A.205 and point (c) of point CAMO.A.315);
continuing airworthiness management, airworthiness review and permit to fly procedures, as applicable;
the procedure defining the scope of changes not requiring prior approval and describing how such changes will be managed and notified, as required by point (b) of point CAMO.A.115 and point (c) of point CAMO.A.130;
the CAME amendment procedures.
the list of approved aircraft maintenance programmes for those aircraft for which a continuing airworthiness management contract exists in accordance with point M.A.201 or ML.A.201;
the list of maintenance contracts in accordance with point (c) of point CAMO.A.315;
the list of currently approved alternative means of compliance.
The initial issue of the CAME shall be approved by the competent authority. It shall be amended as necessary to remain an up-to-date description of the organisation.
[F2Amendments to the CAME shall be managed as defined in the procedures referred to in points (a)(11)(iv) and (a)(11)(v). Any amendments not included in the scope of the procedure referred to in point (a)(11)(iv), as well as amendments related to the changes listed in point CAMO.A.130(a), shall be approved by the competent authority.]
The organisation shall appoint an accountable manager, who has corporate authority for ensuring that all continuing airworthiness management activities can be financed and carried out in accordance with Regulation (EU) 2018/1139 and delegated and implementing acts adopted on the basis thereof. The accountable manager shall:
ensure that all necessary resources are available to manage continuing airworthiness in accordance with this Annex, Annex I (Part-M) and Annex Vb (Part-ML), as applicable, to support the organisation approval certificate;
establish and promote the safety policy specified in point CAMO.A.200;
nominate a person or group of persons with the responsibility of ensuring that the organisation always complies with the applicable continuing airworthiness management, airworthiness review and permit to fly requirements of this Annex, Annex I (Part-M) and Annex Vb (Part-ML);
nominate a person or group of persons with the responsibility for managing the compliance monitoring function as part of the management system;
nominate a person or group of persons with the responsibility for managing the development, administration, and maintenance of effective safety management processes as part of the management system;
ensure that the person or group of persons nominated in accordance with points (a)(3) to (a)(5) and (b)(2) of point CAMO.A.305 have direct access to keep him/her properly informed on compliance and safety matters;
demonstrate a basic understanding of this Regulation.
For organisations also approved as air carriers licensed in accordance with Regulation (EC) No 1008/2008, the accountable manager shall in addition:
be the person appointed as accountable manager for the air carrier as required by point (a) of point ORO.GEN.210 of Annex III (Part-ORO) to Regulation (EU) No 965/2012;
nominate a person responsible for the management and supervision of continuing airworthiness, who shall not be employed by an organisation approved in accordance with Annex II (Part-145) under contract to the operator, unless specifically agreed by the competent authority.
The person or persons nominated in accordance with points (a)(3) to (a)(5) and (b)(2) of point CAMO.A.305 shall be able to demonstrate relevant knowledge, background and satisfactory experience related to aircraft continuing airworthiness management and demonstrate a working knowledge of this Regulation. Such person(s) shall be ultimately responsible to the accountable manager.
The organisation shall have a system in place to plan the availability of staff to ensure that the organisation has sufficient appropriately qualified staff to plan, perform, supervise, inspect and monitor the organisation's activities in accordance with the terms of approval.
To be approved to carry out airworthiness reviews or recommendations in accordance with point (e) of point CAMO.A.125 and, if applicable, to issue permits to fly in accordance with point (f) of point CAMO.A.125, the organisation shall have airworthiness review staff qualified and authorised in accordance with point CAMO.A.310.
For organisations extending airworthiness review certificates in accordance with point (d)(4) of point CAMO.A.125, the organisation shall nominate persons authorised to do so.
The organisation shall establish and control the competency of personnel involved in compliance monitoring, safety management, continuing airworthiness management, airworthiness reviews or recommendations, and, if applicable, issuing permits to fly, in accordance with a procedure and to a standard agreed by the competent authority. In addition to the necessary expertise related to the job function, competency must include an understanding of safety management and human factors principles appropriate to the person's function and responsibilities in the organisation.
Airworthiness review staff issuing airworthiness review certificates or recommendations in accordance with point (e) of point CAMO.A.125 and, if applicable, issuing permits to fly in accordance with point (f) of point CAMO.A.125 shall have:
at least 5 years of experience in continuing airworthiness;
acquired an appropriate licence in compliance with Annex (III) Part-66 or an aeronautical degree or a national equivalent;
received formal aeronautical maintenance training;
held a position within the approved organisation with appropriate responsibilities.
Notwithstanding points (a)(1), (a)(3) and (a)(4), the requirement laid down in point (a)(2) may be replaced with 5 years of experience in continuing airworthiness additional to those already required by point (a)(1).
Airworthiness review staff nominated by the organisation can only be issued an authorisation by that organisation when formally accepted by the competent authority after satisfactory completion of an airworthiness review under the supervision of the competent authority, or under the supervision of the organisation's authorised airworthiness review staff, in accordance with a procedure approved by the competent authority as part of the CAME.
The organisation shall ensure that aircraft airworthiness review staff can demonstrate appropriate, recent continuing airworthiness management experience.
The organisation shall ensure that all continuing airworthiness management is carried out in accordance with Section A, Subpart C of Annex I (Part-M), or Section A Subpart C of Annex Vb (Part-ML), as applicable.
For every aircraft managed, the organisation shall in particular:
ensure that an aircraft maintenance programme including any applicable reliability programme, as required by point M.A.302 or ML.A.302 as applicable, is developed and controlled;
for aircraft not used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, provide a copy of the aircraft maintenance programme to the owner or operator responsible in accordance with point M.A.201 or ML.A.201 as applicable;
ensure that data used for any modification and repairs complies with points M.A.304 or ML.A.304 as applicable;
for all complex motor-powered aircraft or aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, establish a procedure to assess non-mandatory modifications and/or inspections and decide on their application, making use of the organisation's safety risk management process as required by point (a)(3) of point CAMO.A.200;
ensure that the aircraft, engine(s), propeller(s) and components thereof are taken to an appropriately approved maintenance organisation referred to in Subpart F of Annex I (Part-M), Annex II (Part-145) or Annex Vd (Part-CAO) whenever necessary;
order maintenance, supervise activities, and coordinate related decisions to ensure that any maintenance is carried out properly and is appropriately released for the determination of aircraft airworthiness.
Where the organisation is not appropriately approved in accordance with Subpart F of Annex I (Part-M), Annex II (Part-145) or Annex Vd (Part-CAO) it shall, in consultation with the operator, manage the written maintenance contracts required by points (e)(3), (f)(3), (g)(3) and (h)(3) of M.A.201 or point ML.A.201 to ensure that:
all maintenance is ultimately carried out by an appropriately approved maintenance organisation;
[F2the functions required under points (b), (c), (f) and (g) of point M.A.301 of Annex I (Part-M) or point ML.A.301 of Annex Vb (Part-ML), as applicable, are clearly specified.]
Notwithstanding point (c), the contract may be in the form of individual work orders addressed to the maintenance organisation in the case of:
an aircraft requiring unscheduled line maintenance;
component maintenance, including engine and propeller maintenance, as applicable.
The organisation shall ensure that human factors and human performance limitations are taken into account during continuing airworthiness management, including all contracted and subcontracted activities.
When the organisation approved in accordance with point (e) of point CAMO.A.125 performs airworthiness reviews, they shall be performed in accordance with point M.A.901 of Annex I (Part-M) or point ML.A.903 of Annex Vb (Part-ML), as applicable.
The organisation shall hold and use applicable current maintenance data in accordance with point M.A.401 of Annex I (Part-M) or point ML.A.401 of Annex Vb (Part-ML), as applicable, for the performance of continuing airworthiness tasks referred to in point CAMO.A.315 of this Annex (Part-CAMO). That data may be provided by the owner or the operator, subject to an appropriate contract being established with such an owner or operator. In such case, the continuing airworthiness management organisation shall only keep such data for the duration of the contract, except when otherwise required by point CAMO.A.220(a).]
This Section establishes the administrative and management system requirements to be followed by the competent authority in charge of the implementation and enforcement of Section A of this Annex.
The competent authority shall provide all legislative acts, standards, rules, technical publications, and related documents to relevant personnel in order to allow them to perform their tasks and to discharge their responsibilities.
The Agency shall develop Acceptable Means of Compliance ( ‘ AMC ’ ) that may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts.
Alternative means of compliance may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts
The competent authority shall establish a system to consistently evaluate that all alternative means of compliance used by itself or by organisations under its oversight allow for the establishment of compliance with Regulation (EU) No 2018/1139 and its delegated and implementing acts.
The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance with point CAMO.A.120 by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation.
When the competent authority finds that the alternative means of compliance are in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts, it shall without undue delay:
notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the approval or certificate of the applicant accordingly;
notify the Agency of their content, including copies of all relevant documentation.
When the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts it shall:
make them available to all organisations and persons under its oversight;
without undue delay notify the Agency.
The competent authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that they comply with Regulation (EU) 2018/1139 and its delegated and implementing acts.
The competent authority shall, without undue delay, notify the Agency in case of any significant problems with the application of Regulation (EU) 2018/1139 and its delegated and implementing acts.
The competent authority shall provide the Agency with safety-significant information stemming from the occurrence reports it has received pursuant to point CAMO.A.160.
Without prejudice to Regulation (EU) No 376/2014 and Commission Implementing Regulation (EU) 2015/1018 (2) , the competent authority shall implement a system to appropriately collect, analyse, and disseminate safety information.
The Agency shall implement a system to appropriately analyse any relevant safety information received, and without undue delay provide to Member States and the Commission any information, including recommendations or corrective actions to be taken, necessary for them to react in a timely manner to a safety problem involving products, parts, appliances, persons or organisations subject to Regulation (EU) 2018/1139 and its delegated and implementing acts.
Upon receiving the information referred to in points (a) and (b), the competent authority shall take adequate measures to address the safety problem.
Measures taken under point (c) shall immediately be notified to all persons or organisations which need to comply with them under Regulation (EU) 2018/1139 and and its delegated and implementing acts. The competent authority shall also notify those measures to the Agency and, when combined action is required, the other Member States concerned.
The competent authority shall establish and maintain a management system, including as a minimum:
documented policies and procedures to describe its organisation, means and methods to comply with Regulation (EU) 2018/1139 and its delegated and implementing acts. The procedures shall be kept up to date, and serve as the basic working documents within that competent authority for all related tasks;
a sufficient number of personnel to perform its tasks and discharge its responsibilities. A system shall be in place to plan the availability of personnel, in order to ensure the proper completion of all tasks;
personnel qualified to perform their allocated tasks and have the necessary knowledge, experience, initial and recurrent training to ensure continuing competency;
adequate facilities and office accommodation to perform the allocated tasks;
a function to monitor compliance of the management system with the relevant requirements and adequacy of the procedures including the establishment of an internal audit process and a safety risk management process. Compliance monitoring shall include a feedback system of audit findings to the senior management of the competent authority to ensure implementation of corrective actions as necessary;
a person or group of persons ultimately responsible to the senior management of the competent authority for the compliance monitoring function.
The competent authority shall, for each field of activity, including management system, appoint one or more persons with the overall responsibility for the management of the relevant task(s).
The competent authority shall establish procedures for participation in a mutual exchange of all necessary information and assistance with other competent authorities concerned, including all findings raised and follow-up actions taken as a result of oversight of persons and organisations exercising activities in the territory of a Member State, but certified by the competent authority of another Member State or the Agency.
A copy of the procedures related to the management system and their amendments shall be made available to the Agency for the purpose of standardisation and to the organisations subject to this Regulation, if so requested.
Tasks related to the initial certification, or continuing oversight of persons, or organisations subject to Regulation (EU) 2018/1139 and its delegated and implementing acts may be allocated by Member States only to qualified entities. When allocating tasks, the competent authority shall ensure that it has:
put a system in place to initially and continuously assess that the qualified entity complies with Annex VI ‘ Essential requirements for qualified entities ’ to Regulation (EU) 2018/1139. This system and the results of the assessments shall be documented;
established a documented agreement with the qualified entity, approved by both parties at the appropriate management level, which clearly defines:
the tasks to be performed;
the declarations, reports, and records to be provided;
the technical conditions to be met in performing such tasks;
the related liability coverage;
the protection given to information acquired in carrying out such tasks.
The competent authority shall ensure that the internal audit process and safety risk management process required by point (a)(5) of point CAMO.B.200 covers all certification, or continuing oversight tasks performed on its behalf.
The competent authority shall have a system in place to identify changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139 and its delegated and implementing acts. This system shall enable it to take action as appropriate to ensure that its management system remains adequate and effective.
The competent authority shall update its management system to reflect any change to Regulation (EU) 2018/1139 and its delegated and implementing acts in a timely manner, so as to ensure effective implementation.
The competent authority shall notify the Agency of changes affecting its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139 and its delegated and implementing acts.
The competent authority shall establish a system of record-keeping that allows adequate storage, accessibility, and reliable traceability of:
the management system's documented policies and procedures;
training, qualification, and authorisation of its personnel;
the allocation of tasks, covering the elements required by point CAMO.B.205, as well as the details of tasks allocated;
certification processes and continuing oversight of certified organisations, including:
the application for an organisation certificate;
the competent authority's continuing oversight programme, including all assessment, audit and inspection records;
the organisation certificate, including any changes thereto;
a copy of the oversight programme listing the dates when audits are due and when audits were carried out;
copies of all formal correspondence;
details of findings, corrective actions, date of action closure, any exemption and enforcement actions;
any assessment, audit and inspection reports issued by another competent authority pursuant to point (d) of point CAMO.B.300;
copies of all organisation CAMEs or manuals and amendments thereto;
copies of any other document approved by the competent authority;
the evaluation and notification to the Agency of alternative means of compliance proposed by organisations, and the assessment of alternative means of compliance used by the competent authority itself;
safety information and follow-up measures in accordance with point CAMO.B.125;
the use of flexibility provisions in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts.
The competent authority shall maintain a list of all organisation certificates it issued.
All records referred to in points (a) and (b) shall be kept for a minimum period of 5 years subject to applicable data protection law.
All records referred to in points (a) and (b) shall be made available upon request to a competent authority of another Member State or the Agency.
The competent authority shall verify:
compliance with the requirements applicable to organisations prior to the issue of an organisation certificate, as applicable;
continued compliance with the applicable requirements of organisations it has certified;
implementation of appropriate safety measures mandated by the competent authority as defined in points (c) and (d) of point CAMO.B.135.
This verification shall:
be supported by documentation specifically intended to provide personnel responsible for safety oversight with guidance to perform their functions;
provide the organisations concerned with the results of safety oversight activity;
be based on assessments, audits and inspections, including unannounced inspections;
provide the competent authority with the evidence needed in case further action is required, including the measures provided for in point CAMO.B.350 ‘ Findings and corrective actions ’ .
The scope of oversight defined in points (a) and (b) shall take into account the results of past oversight activities and the safety priorities.
Where organisation facilities are located in more than one State, the competent authority as defined in point CAMO.A.105 may agree to have oversight tasks performed by the competent authority(ies) of the Member State(s) where facilities are located, or by the Agency for facilities located in a third country. Any organisation subject to such agreement shall be informed of its existence and of its scope.
For oversight performed at facilities located in another State, the competent authority as defined in point CAMO.A.105 shall inform the competent authority of such State, or the Agency for facilities of organisations having their principal place of business in a third country, before performing any on-site audit or inspection of such facilities.
The competent authority shall collect and process any information deemed useful for oversight, including for unannounced inspections.
The competent authority shall establish and maintain an oversight programme covering the oversight activities required by point CAMO.B.300.
The oversight programme shall be developed taking into account the specific nature of the organisation, the complexity of its activities, the results of past certification and/or oversight activities, and shall be based on the assessment of associated risks. It shall include within each oversight planning cycle:
assessments, audits and inspections, including unannounced inspections and, as applicable:
management system assessments and process audits;
product audits of a relevant sample of aircraft managed by the organisation;
sampling of airworthiness reviews performed;
sampling of permits to fly issued;
meetings convened between the accountable manager and the competent authority to ensure both remain informed of significant issues.
For organisations certified by the competent authority, an oversight planning cycle not exceeding 24 months shall be applied.
Notwithstanding point (c), the oversight planning cycle may be extended up to 36 months if the competent authority has established that during the previous 24 months:
the organisation has demonstrated an effective identification of aviation safety hazards and management of associated risks;
the organisation has continuously demonstrated under point CAMO.A.130 that it has full control over all changes;
no level 1 findings have been issued;
all corrective actions have been implemented within the time period accepted or extended by the competent authority as defined in point CAMO.B.350.
Notwithstanding point (c), the oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the conditions provided in points (1) to (4) of the first subparagraph, the organisation has established, and the competent authority has approved, an effective continuous reporting system to the competent authority on the safety performance and regulatory compliance of the organisation itself.
The oversight planning cycle may be reduced if there is any evidence that the safety performance of the organisation has decreased.
The oversight programme shall include records of the dates when audits, inspections and meetings are due, and when such audits, inspections and meetings have been carried out.
At the completion of each oversight planning cycle, the competent authority shall issue a recommendation report on the continuation of the approval reflecting the results of oversight.
Upon receiving an application for the initial issue of a certificate for an organisation, the competent authority shall verify the organisation's compliance with the applicable requirements.
A meeting with the accountable manager of the organisation shall be convened at least once during the investigation for initial certification to ensure that he/she fully understands the significance of the certification process and the reason for signing the statement of the organisation to comply with the procedures specified in the CAME.
The competent authority shall record all findings, closure actions (actions required to close a finding) and recommendations.
The competent authority shall confirm in writing all the findings raised during the verification to the organisation. For initial certification, all findings must be corrected to the satisfaction of the competent authority before the certificate can be issued.
When satisfied that the organisation complies with the applicable requirements, the competent authority shall:
issue the certificate as established in Appendix I ‘ EASA Form 14 ’ to this Annex;
formally approve the CAME.
The certificate reference number shall be included on the EASA Form 14 certificate in a manner specified by the Agency.
The certificate shall be issued for an unlimited duration. The privileges, scope of the activities that the organisation is approved to conduct, including any limitations as applicable, shall be specified in the terms of approval attached to the certificate.
To enable the organisation to implement changes without prior competent authority approval in accordance with point (c) of point CAMO.A.130, the competent authority shall approve the relevant CAME procedure defining the scope of such changes and describing how such changes will be managed and notified.
Upon receiving an application for a change that requires prior approval, the competent authority shall verify the organisation's compliance with the applicable requirements before issuing the approval.
The competent authority shall establish the conditions under which the organisation may operate during the change unless the competent authority determines that the organisation's certificate needs to be suspended.
When satisfied that the organisation complies with the applicable requirements, the competent authority shall approve the change.
Without prejudice to any additional enforcement measures, when the organisation implements changes requiring prior approval without having received competent authority approval pursuant to point (c), the competent authority shall suspend, limit or revoke the organisation's certificate.
For changes not requiring prior approval, the competent authority shall assess the information provided in the notification sent by the organisation in accordance with point (c) of point CAMO.A.130 to verify compliance with the applicable requirements. In case of any non-compliance, the competent authority shall:
notify the organisation about the non-compliance and request further changes;
in case of level 1 or level 2 findings, act in accordance with point CAMO.B.350.
The competent authority shall have a system to analyse findings for their safety significance.
A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, with the organisation's procedures and manuals, or with the terms of an approval or certificate which lowers safety or seriously endangers flight safety.
The level 1 findings shall include:
failure to give the competent authority access to the organisation's facilities as defined in point CAMO.A.140 during normal operating hours and after two written requests;
obtaining or maintaining the validity of the organisation certificate by falsification of submitted documentary evidence;
evidence of malpractice or fraudulent use of the organisation certificate;
the lack of an accountable manager.
A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, with the organisation's procedures and manuals, or with the terms of an approval or certificate which may lower safety or endanger flight safety.
When a finding is detected during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EU) 2018/1139 and its delegated and implementing acts, communicate the finding to the organisation in writing, and request corrective action to address the non-compliance(s) identified. Where a finding directly relates to an aircraft, the competent authority shall inform the State in which the aircraft is registered.
In the case of level 1 findings, the competent authority shall take immediate and appropriate action to prohibit or limit activities and, if appropriate, it shall take action to revoke the certificate or to limit or suspend it in whole or in part, depending upon the extent of the level 1 finding until successful corrective action has been taken by the organisation.
In the case of level 2 findings, the competent authority shall:
grant the organisation a corrective action implementation period appropriate to the nature of the finding, that in any case initially shall not be more than 3 months. It shall commence from the date of the written communication of the finding to the organisation, requesting corrective action to address the non-compliance identified. At the end of this period, and subject to the nature of the finding and past safety performance of the organisation, the competent authority may extend the 3-month period subject to a satisfactory corrective action plan agreed by the competent authority;
assess the corrective action and implementation plan proposed by the organisation, and if the assessment concludes that they are sufficient to address the non-compliance(s), accept these.
Where an organisation fails to submit an acceptable corrective action plan, or to perform the corrective action within the time period accepted or extended by the competent authority, the finding shall be raised to a level 1 finding and action taken as laid down in point (d)(1).
The competent authority shall record all findings it has raised or that have been communicated to it in accordance with point (e) and, where applicable, the enforcement measures it has applied, as well as all corrective actions and date of action closure for findings.
Without prejudice to any additional enforcement measures, when the authority of a Member State acting under the provisions of point (d) of point CAMO.B.300 identifies any non-compliance with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts by an organisation certified by the competent authority of another Member State or the Agency, it shall inform that competent authority and provide an indication of the level of finding.
The competent authority shall:
suspend a certificate on reasonable grounds in the case of potential safety threat;
suspend, revoke or limit a certificate pursuant to point CAMO.B.350;
suspend certificate in case the competent authority's inspectors are unable over a period of 24 months to discharge their oversight responsibilities through on-site audit(s) due to the security situation in the State where the facilities are located.
[F1 [X1Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council ( OJ L 163, 30.6.2015, p. 1 ).] ]
[F1 [X1Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council ( OJ L 163, 30.6.2015, p. 1 ).] ]
Editorial Information
X1 Inserted by Corrigendum to Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management (Official Journal of the European Union L 228 of 4 September 2019).
Textual Amendments
F1 Inserted by Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management (Text with EEA relevance).