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)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC1, and in particular Article 5(5) and 6(3) thereof,

Whereas:

(1)
Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks2 has been substantially amended several times3. Since further amendments are to be made, it should be recast in the interests of clarity.
(2)

Regulation (EC) No 216/2008 establishes common essential requirements to provide for a high uniform level of civil aviation safety and environmental protection; it requires the Commission to adopt the necessary implementation rules to ensure their uniform application; it establishes the European Aviation Safety Agency (hereinafter referred to as the ‘Agency’) to assist the Commission in the development of such implementing rules.

(3)

It is necessary to lay down common technical requirements and administrative procedures to ensure the continuing airworthiness of aeronautical products, parts and appliances subject to Regulation (EC) No 216/2008.

(4)

Organisations and personnel involved in the maintenance of products, parts and appliances should be required to comply with certain technical requirements in order to demonstrate their capability and means of discharging their obligations and associated privileges; the Commission is required to lay down measures to specify conditions of issuing, maintaining, amending, suspending or revoking certificates attesting such compliance.

(5)

The need to ensure uniformity in the application of common technical requirements in the field of continuing airworthiness of aeronautical parts and appliances requires that common procedures be followed by competent authorities to assess compliance with these requirements; the Agency should develop certification specifications to facilitate the necessary regulatory uniformity.

(6)

It is necessary to recognise the continuing validity of certificates issued before entry into force of Regulation (EC) No 2042/2003, in accordance with Article 69 of Regulation (EC) No 216/2008.

(7)

Article 5 of Regulation (EC) No 216/2008 dealing with airworthiness was extended to include the elements of operational suitability evaluation into the implementing rules for type-certification.

(8)
The European Aviation Safety Agency (the ‘Agency’) found that it was necessary to amend Commission Regulation (EU) No 748/20124 in order to allow the Agency to approve operational suitability data as part of the type-certification process.
(9)

The operational suitability data should include mandatory training elements for type rating training of maintenance certifying staff. Those elements should be the basis for developing type training courses.

(10)

The requirements related to the establishment of certifying staff type rating training courses need to be amended to refer to the operational suitability data.

(11)
The Agency prepared draft implementing rules on the concept of operational suitability data and submitted them as an opinion5 to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.
(12)
The measures provided by this Regulation are in accordance with the Opinion of the European Aviation Safety Agency Committee6 established by Article 65(1) of Regulation (EC) No 216/2008,

HAS ADOPTED THIS REGULATION: