ANNEX VI
‘ANNEX Vb
(Part-ML)
CONTENTS
ML.1
SECTION A — TECHNICAL REQUIREMENTS
SUBPART A — GENERAL
ML.A.101
Scope
SUBPART B — ACCOUNTABILITY
ML.A.201
Responsibilities
ML.A.202
Occurrence reporting
SUBPART C — CONTINUING AIRWORTHINESS
ML.A.301
Continuing-airworthiness tasks
ML.A.302
Aircraft maintenance programme
ML.A.303
Airworthiness directives
ML.A.304
Data for modifications and repairs
ML.A.305
Aircraft continuing-airworthiness record system
ML.A.307
Transfer of aircraft continuing-airworthiness records
SUBPART D — MAINTENANCE STANDARDS
ML.A.401
Maintenance data
ML.A.402
Performance of maintenance
ML.A.403
Aircraft defects
SUBPART E — COMPONENTS
ML.A.501
Classification and installation
ML.A.502
Component maintenance
ML.A.503
Service-life-limited components
ML.A.504
Control of unserviceable components
SUBPART H — CERTIFICATE OF RELEASE TO SERVICE (CRS)
ML.A.801
Aircraft certificate of release to service
ML.A.802
Component certificate of release to service
ML.A.803
Pilot-owner authorisation
SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE (ARC)
ML.A.901
Aircraft airworthiness review
ML.A.902
Validity of the airworthiness review certificate
ML.A.903
Airworthiness review process
ML.A.904
Qualification of airworthiness review staff
ML.A.905
Transfer of aircraft registration within the Union
ML.A.906
Airworthiness review of aircraft imported into the Union
ML.A.907
Findings
SECTION B — PROCEDURE FOR COMPETENT AUTHORITIES
SUBPART A — GENERAL
ML.B.101
Scope
ML.B.102
Competent authority
ML.B.104
Record-keeping
ML.B.105
Mutual exchange of information
SUBPART B — ACCOUNTABILITY
ML.B.201
Responsibilities
SUBPART C — CONTINUING AIRWORTHINESS
ML.B.302
Exemptions
ML.B.303
Aircraft continuing-airworthiness monitoring
ML.B.304
Revocation, suspension and limitation
SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE (ARC)
ML.B.902
Airworthiness review by the competent authority
ML.B.903
Findings
Appendix I — Continuing-airworthiness management contract
Appendix II — Limited Pilot-owner maintenance
Appendix III — Complex maintenance tasks not to be released by the Pilot-owner
Appendix IV — Airworthiness review certificate (EASA Form 15c)
ML.1
(a)
In accordance with paragraph 2 of Article 3, this Annex (Part-ML) applies to the following other than complex motor-powered aircraft not listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008:
(1)
aeroplanes of 2 730 kg maximum take-off mass (MTOM) or less;
(2)
rotorcraft of 1 200 kg MTOM or less, certified for a maximum of up to 4 occupants;
(3)
other ELA2 aircraft.
(b)
For the purpose of this Annex, the competent authority shall be the authority designated by the Member State of registry of the aircraft.
(c)
For the purpose of this Annex, the following definitions shall apply:
(1)
‘independent certifying staff’ means certifying staff who does not work on behalf of an approved maintenance organisation and who complies with, alternatively:
(i)
the requirements of Annex III (Part-66);
(ii)
for aircraft to which Annex III (Part-66) does not apply, the certifying staff requirements in force in the Member State of registry of the aircraft;
(2)
‘maintenance organisation’ means an organisation holding an approval issued in accordance with, alternatively:
(i)
Subpart F of Annex I (Part-M);
(ii)
Section A of Annex II (Part-145);
(iii)
Section A of Annex Vd (Part-CAO).
(3)
‘owner’ means the person responsible for the continuing airworthiness of the aircraft, including, alternatively:
(i)
the registered owner of the aircraft;
(ii)
the lessee in the case of a leasing contract;
(iii)
the operator.
SECTION A
TECHNICAL REQUIREMENTS
SUBPART A
GENERAL
ML.A.101 Scope
This Section establishes the measures to be taken in order to ensure that the aircraft is airworthy. It also specifies the conditions to be met by the persons or organisations involved in the activities related to the airworthiness of the aircraft.
SUBPART B
ACCOUNTABILITY
ML.A.201 Responsibilities
(a)
The owner of the aircraft shall be responsible for the continuing airworthiness of the aircraft and shall ensure that no flight takes place unless all of the following requirements are met:
(1)
the aircraft is maintained in an airworthy condition;
(2)
any operational and emergency equipment fitted is correctly installed and serviceable or clearly identified as unserviceable;
(3)
the airworthiness certificate is valid;
(4)
the maintenance of the aircraft is performed in accordance with the Aircraft Maintenance Program (‘AMP’) specified in point ML.A.302.
(b)
By derogation from point (a), where the aircraft is leased, the responsibilities set out in point (a) shall apply to the lessee, if the lessee is identified either in the registration document of the aircraft or in the leasing contract.
(c)
Any person or organisation performing maintenance of aircraft and components shall be responsible for the maintenance tasks being performed.
(d)
The pilot-in-command of the aircraft shall be responsible for the satisfactory accomplishment of the preflight inspection. That inspection shall be carried out by the pilot or another qualified person but need not be carried out by an approved maintenance organisation or by certifying staff.
(e)
For aircraft operated by commercial Approved Training Organisations (‘ATO’) and commercial Declared Training Organisations (‘DTO’) referred to in Article 10a of Regulation (EU) No 1178/2011 or not operated in accordance with Annex VII to Regulation (EU) No 965/2012 (Part-NCO) or operated in accordance with Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or Subpart-DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976 ( *1 ) , the operator shall:
(1)
be approved as a CAMO or as a CAO for the management of the continuing airworthiness of its aircraft in accordance with Annex Vc (Part-CAMO) or Annex Vd (Part-CAO), or contract such an organisation using the contract set out in Appendix I to this Annex;
(2)
ensure that all maintenance is performed by maintenance organisations approved in accordance with point (c)(2) of point ML.1.;
(3)
ensure that the requirements of point (a) are satisfied.
(f)
For aircraft not included in point (e), in order to satisfy the requirements of point (a), the owner of the aircraft may contract the tasks associated with continuing airworthiness management to an organisation approved as a CAMO or CAO in accordance with Annex Vc (Part-CAMO) or Annex Vd (Part-CAO). In that case, the contracted organisation shall assume responsibility for the proper performance of those tasks and a written contract shall be concluded in accordance with Appendix I to this Annex. If the owner does not contract such an organisation, the owner is responsible for the proper performance of the tasks associated with the continuing airworthiness management
(g)
The owner shall grant the competent authority access to the aircraft and the aircraft records, in order for the competent authority to determine whether the aircraft complies with the requirements of this Annex.
ML.A.202 Occurrence reporting
(a)
Without prejudice to the reporting requirements set out in Annex II (Part-145) and Annex Vc (Part-CAMO), any person or organisation responsible in accordance with point ML.A.201 shall report any identified condition of an aircraft or component which endangers flight safety to:
(1)
the competent authority designated by the Member State of registry of the aircraft, and, when different to the Member State of registry, to the competent authority designated by the Member State of the operator;
(2)
to the organisation responsible for the type design or supplemental type design.
(b)
The reports referred to in point (a) shall be made in a manner determined by the competent authority referred to in point (a) and shall contain all pertinent information about the condition known to the person or organisation making the report.
(c)
Where the maintenance or the airworthiness review of the aircraft is carried out on the basis of a written contract, the person or the organisation responsible for those activities shall also report any condition referred to in point (a) to the owner of the aircraft and, when different, to the CAMO or CAO concerned.
(d)
The person or organisation shall submit the reports referred to in points (a) and (c) as soon as possible, but no later than 72 hours from the moment when the person or organisation identified the condition to which the report relates, unless exceptional circumstances prevent this.
SUBPART C
CONTINUING AIRWORTHINESS
ML.A.301 Continuing airworthiness tasks
The aircraft continuing airworthiness and the serviceability of operational and emergency equipment shall be ensured by:
(a)
the accomplishment of pre-flight inspections;
(b)
the rectification of any defect and damage affecting safe operation in accordance with data specified in points ML.A.304 and ML.A.401, as applicable, while taking into account the minimum equipment list (‘MEL’) and configuration deviation list, when they exist;
(c)
the accomplishment of all maintenance in accordance with the AMP referred to in point ML.A.302;
(d)
the accomplishment of any applicable:
(1)
airworthiness directive (‘AD’);
(2)
operational directive with a continuing-airworthiness impact;
(3)
continuing-airworthiness requirement established by the Agency;
(4)
measure required by the competent authority as an immediate reaction to a safety problem;
(e)
the accomplishment of modifications and repairs in accordance with point ML.A.304;
(f)
maintenance check flights, when necessary.
ML.A.302 Aircraft maintenance programme
(a)
The maintenance of each aircraft shall be organised in accordance with an AMP.
(b)
The AMP and any subsequent amendments thereto shall be, alternatively:
(1)
declared by the owner in accordance with point (c)(7) of point ML.A.302, where the continuing airworthiness of the aircraft is not managed by a CAMO or CAO;
(2)
approved by the CAMO or CAO responsible for managing the continuing airworthiness of the aircraft.
The owner declaring the AMP in accordance with point (b)(1) or the organisation approving the AMP in accordance with point (b)(2) shall keep the AMP updated.
(c)
The AMP:
(1)
shall clearly identify the owner of the aircraft and the aircraft to which it relates, including any installed engine and propeller, as applicable;
(2)
shall include, alternatively:
(a)
the tasks or inspections contained in the applicable minimum inspection programme (‘MIP’) referred to in point (d);
(b)
the instructions for continuing airworthiness (‘ICA’) issued by the design approval holder (‘DAH’);
(3)
may include additional maintenance actions to those referred to in point (c)(2) or maintenance actions alternative to those referred to in point (c)(2)(b) at the proposal of the owner, CAMO or CAO, once approved or declared in accordance with point (b). Alternative maintenance actions to those referred to in point (c)(2)(b) shall not be less restrictive than those set out in the applicable MIP;
(4)
shall include all the mandatory continuing airworthiness information, such as repetitive ADs, the airworthiness limitation section (‘ALS’) of the ICAs, and specific maintenance requirements contained in the type certificate data sheet (‘TCDS’);
(5)
shall identify any additional maintenance tasks to be performed because of the specific aircraft type, aircraft configuration and type and specificity of operation, whereas the following elements shall be taken into consideration as a minimum:
(a)
specific installed equipment and modifications of the aircraft;
(b)
repairs carried out in the aircraft;
(c)
life-limited components and flight-safety-critical components;
(d)
maintenance recommendations, such as time between overhaul (‘TBO’) intervals, issued through service bulletins, service letters, and other non-mandatory service information;
(e)
applicable operational directives or requirements related to the periodic inspection of certain equipment;
(f)
special operational approvals;
(g)
use of the aircraft and operational environment;
(6)
shall identify whether the Pilot-owners are authorised to perform maintenance;
(7)
when declared by the owner, shall contain a signed statement by which the owner declares that this is the AMP for the particular aircraft registration and that he is fully responsible for its content and, in particular, for any deviations from the DAH's recommendations;
(8)
when approved by the CAMO or CAO, shall be signed by this organisation, which shall retain records with the justification for any deviation introduced to the DAH's recommendations;
(9)
shall be reviewed at least annually in order to assess its effectiveness, and this review shall be performed, alternatively:
(a)
in conjunction with the airworthiness review of the aircraft by the person who performs such an airworthiness review;
(b)
by the CAMO or CAO managing the continuing airworthiness of the aircraft in those cases where the review of the AMP is not performed in conjunction with an airworthiness review.
If the review shows deficiencies of the aircraft linked with deficiencies in the content of the AMP, the AMP shall be amended accordingly. In this case the person performing the review shall inform the competent authority of the Member State of registry if he does not agree with the measures amending the AMP taken by the owner, CAMO or CAO. The competent authority shall decide which amendments to the AMP are necessary, raising the corresponding findings and, if necessary, reacting in accordance with point ML.B.304.
(d)
A MIP:
(1)
shall contain the following inspection intervals:
(a)
for aeroplanes, touring motor gliders (‘TMGs’) and balloons, every annual or 100-h interval, whichever comes first, to which a tolerance of 1 month or 10 h may be applied. The next interval shall be calculated as from the time the inspection takes place;
(b)
for sailplanes and powered sailplanes other than TMG, every annual interval to which a tolerance of 1 month may be applied. The next interval shall be calculated as from the time the inspection takes place;
(2)
shall contain the following, as applicable to the aircraft type:
(a)
servicing tasks as required by the DAH's requirements;
(b)
inspection of markings;
(c)
review of weighing records and weighing in accordance with Regulation (EU) No 965/2012, Regulation (EU) 2018/395 and Regulation (EU) 2018/1976;
(d)
operational test of transponder (if installed);
(e)
functional test of the pitot-static system;
(f)
in the case of aeroplanes:
(i)
operational tests for power and revolutions per minute (rpm), magnetos, fuel and oil pressure, engine temperatures;
(ii)
for engines equipped with automated engine control, the published run-up procedure;
(iii)
for dry-sump engines, engines with turbochargers and liquid-cooled engines, an operational test for signs of disturbed fluid circulation;
(g)
inspection of the condition and attachment of the structural items, systems and components corresponding to the following areas:
(i)
for aeroplanes:
airframe, cabin and cockpit, landing gear, wing and centre section, flight controls, empennage, avionics and electrics, power plant, clutches and gearboxes, propeller and miscellaneous systems, such as the ballistic rescue system;
(ii)
for sailplanes and powered sailplanes:
airframe, cabin and cockpit, landing gear, wing and centre section, empennage, avionics and electrics, power plant (for powered sailplanes) and miscellaneous systems, such as removable ballast and/or drag chute and controls, as well as water ballast system;
(iii)
for hot-air balloons:
envelope, burner, basket, fuel containers, equipment and instruments;
(iv)
for gas balloons:
envelope, basket, equipment and instruments.
As long as this Annex does not specify an MIP for airships and rotorcraft, their AMP shall be based on the ICA issued by the DAH, as referred to in point (c)(2)(b).
(e)
By derogation from points (b) and (c), a declaration by the owner or an approval by a CAMO or CAO is not required, and an AMP document is not required to be produced when the following conditions are met:
(1)
all the ICA issued by the DAH are being followed without any deviations;
(2)
all maintenance recommendations, such as TBO intervals, issued through service bulletins, service letters, and other non-mandatory service information, are being followed without any deviations;
(3)
there are no additional maintenance tasks to be performed resulting from any of the following:
(a)
specific installed equipment and modifications of the aircraft;
(b)
repairs carried out in the aircraft;
(c)
life-limited components and flight-safety-critical components;
(d)
special operational approvals;
(e)
use of the aircraft and operational environment.
(4)
Pilot-owners are authorised to perform Pilot-owner maintenance.
This derogation is not applicable if the pilot-owner or, in case of jointly-owned aircraft, any of the pilot-owners is not authorised to perform Pilot-owner maintenance because this has to be specified in the declared or approved AMP.
(f)
If the conditions provided for in points (e)(1) to (e)(4) are met, the AMP applicable to the aircraft shall consist of the following:
(1)
the ICA issued by the DAH;
(2)
the maintenance recommendations, such as TBO intervals, issued through service bulletins, service letters, and other non-mandatory service information;
(3)
the mandatory continuing airworthiness information, such as repetitive ADs, the ALS of the ICA and specific maintenance requirements contained in the TCDS;
(4)
the tasks due to specific operational or airspace directives or requirements in relation to particular instruments and equipment.
ML.A.303 Airworthiness directives
Any applicable AD must be carried out within the requirements of that AD unless otherwise specified by the Agency.
ML.A.304 Data for modifications and repairs
A person or organisation repairing an aircraft or a component shall assess any damage. Modifications and repairs shall be carried out using, as appropriate, the following data:
(a)
approved by the Agency;
(b)
approved by a design organisation complying with Annex I (Part-21) to Regulation (EU) No 748/2012;
(c)
contained in the requirements referred to in point 21.A.90B or point 21.A.431B of Annex I (Part-21) to Regulation (EU) No 748/2012.
ML.A.305 Aircraft continuing airworthiness record system
(a)
At the completion of any maintenance, the certificate of release to service (CRS) required by point ML.A.801 shall be entered in the aircraft continuing airworthiness record system. Each entry shall be made as soon as possible but not later than 30 days after the day of the completion of the maintenance task.
(b)
The aircraft continuing airworthiness records shall consist of an aircraft logbook, engine logbook(s) or engine module log cards, propeller logbook(s) and log cards, for any service-life-limited component, as appropriate.
(c)
The aircraft type and registration mark, the date together with the total flight time and flight cycles and landings, shall be entered in the aircraft logbooks.
(d)
The aircraft continuing airworthiness records shall contain:
(1)
the current status of ADs and measures mandated by the competent authority in immediate reaction to a safety problem;
(2)
the current status of modifications, repairs and other DAH maintenance recommendations;
(3)
the current status of compliance with the AMP;
(4)
the current status of service-life-limited components;
(5)
the current mass and balance report;
(6)
the current list of deferred maintenance.
(e)
In addition to the authorised release document, EASA Form 1, as set out in Appendix II of Annex I (Part-M), or equivalent, the following information relevant to any component installed, such as engine, propeller, engine module or service-life-limited component, shall be entered in the appropriate engine or propeller logbook, engine module or service-life-limited component log card:
(1)
the identification of the component;
(2)
the type, serial number and registration, as appropriate, of the aircraft, engine, propeller, engine module or service-life-limited component to which the particular component has been fitted, along with the reference to the installation and removal of the component;
(3)
the date together with the component's accumulated total flight time, flight cycles, landings and calendar time, as relevant to the particular component;
(4)
the current information referred to in point (d), applicable to the component.
(f)
The person or organisation responsible for the management of continuing airworthiness and tasks pursuant to point ML.A.201, shall control the records as detailed in point ML.A.305 and present the records to the competent authority upon request.
(g)
All entries made in the aircraft continuing airworthiness records shall be clear and accurate. When it is necessary to correct an entry, the correction shall be made in a manner that clearly shows the original entry.
(h)
An owner shall ensure that a system has been established to keep the following records for the periods specified:
(1)
all detailed maintenance records in respect of the aircraft and any service-life-limited component fitted thereto, until such time as the information contained therein is superseded by new information equivalent in scope and detail but no less than 36 months after the aircraft or component has been released to service;
(2)
the total time in service, this is to say hours, calendar time, cycles and landings, of the aircraft and all service-life-limited components, for at least 12 months after the aircraft or component has been permanently withdrawn from service;
(3)
the time in service, this is to say hours, calendar time, cycles and landings, as appropriate, since the last scheduled maintenance of the component subjected to a service life limit, at least until the component scheduled maintenance has been superseded by another scheduled maintenance of equivalent work scope and detail;
(4)
the current status of compliance with the AMP at least until the scheduled maintenance of the aircraft or component has been superseded by another scheduled maintenance of equivalent work scope and detail;
(5)
the current status of ADs applicable to the aircraft and components, at least 12 months after the aircraft or component has been permanently withdrawn from service;
(6)
details of current modifications and repairs to the aircraft, engine(s), propeller(s) and any other component vital to flight safety, at least 12 months after they have been permanently withdrawn from service.
ML.A.307 Transfer of aircraft continuing-airworthiness records
(a)
When an aircraft is permanently transferred from one owner to another, the transferring owner shall ensure that the continuing airworthiness records referred to in point ML.A.305 are also transferred.
(b)
When the owner contracts the continuing airworthiness management tasks to a CAMO or CAO the owner shall ensure that the continuing airworthiness records referred to in point ML.A.305 are transferred to the contracted organisation.
(c)
The time periods for the retention of records set out in point (h) of point ML.A.305 shall continue to apply to the new owner, CAMO or CAO.
SUBPART D
MAINTENANCE STANDARDS
ML.A.401 Maintenance data
(a)
The person or organisation maintaining an aircraft shall only use applicable maintenance data during the performance of maintenance.
(b)
For the purposes of this Annex, ‘applicable maintenance’ data means:
(1)
any applicable requirement, procedure, standard or information issued by the competent authority or the Agency;
(2)
any applicable AD;
(3)
applicable ICA issued by type certificate holders, supplementary type certificate holders and any other organisation that publishes such data in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012;
(4)
any applicable data issued in accordance with point (d) of point 145.A.45.
ML.A.402 Performance of maintenance
(a)
Maintenance performed by approved maintenance organisations shall be in accordance with Subpart F of Annex I (Part-M), Annex II (Part-145) or Annex Vd (Part-CAO), as applicable.
(b)
For maintenance not performed in accordance with point (a), the person performing maintenance shall:
(1)
be qualified for the tasks performed, as required by this Annex;
(2)
ensure that the area in which maintenance is carried out is well organised and clean with no dirt or contamination;
(3)
use the methods, techniques, standards and instructions specified in the maintenance data referred to in point ML.A.401;
(4)
use the tools, equipment and material specified in the maintenance data referred to in point ML.A.401. If necessary, tools and equipment shall be controlled and calibrated to an officially recognised standard;
(5)
ensure that maintenance is performed within any environmental limitations specified in the maintenance data referred to in point ML.A.401;
(6)
ensure that proper facilities are used in case of inclement weather or lengthy maintenance;
(7)
ensure that the risk of multiple errors during maintenance and the risk of errors being repeated in identical maintenance tasks are minimised;
(8)
ensure that an error-capturing method is implemented after the performance of any critical maintenance task;
(9)
perform a general verification after completion of maintenance to ensure that the aircraft or component is clear of all tools, equipment and any extraneous parts and material, and that all access panels removed have been refitted;
(10)
ensure that all maintenance performed is properly recorded and documented.
ML.A.403 Aircraft defects
(a)
Any aircraft defect that seriously endangers the flight safety shall be rectified before further flight.
(b)
The following persons may decide that a defect does not seriously endanger flight safety, and may defer it accordingly:
(1)
the pilot in respect of defects affecting non-required aircraft equipment;
(2)
the pilot, when using the minimum equipment list, in respect of defects affecting required aircraft equipment — otherwise, these defects may only be deferred by authorised certifying staff;
(3)
the pilot in respect of defects other than those referred to in points (b)(1) and (b)(2) if all the following conditions are met:
(i)
the aircraft is operated under Annex VII to Regulation (EU) No 965/2012 (Part-NCO) or, in the case of balloons or sailplanes, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976;
(ii)
the pilot defers the defect with the agreement of the aircraft owner or, if applicable, of the contracted CAMO or CAO;
(4)
the appropriately qualified certifying staff in respect of other defects than those referred to in points (b)(1) and (b)(2), where the conditions referred to in point 3(i) and (ii) are not met.
(c)
Any aircraft defect that does not seriously hazard flight safety shall be rectified as soon as practicable from the date on which the defect was first identified and within the limits specified in the maintenance data.
(d)
Any defect not rectified before flight shall be recorded in the aircraft continuing airworthiness record system referred to in point ML.A.305 and a record shall be available to the pilot.
SUBPART E
COMPONENTS
ML.A.501 Classification and installation
(a)
Unless otherwise specified in Subpart F of Annex I (Part-M), Annex II (Part-145), Annex Vd (Part-CAO) to this Regulation and Annex I (Part-21) to Regulation (EU) No 748/2012, component may be fitted only if all of the following conditions are met:
(i)
it is in a satisfactory condition;
(ii)
has been appropriately released to service using an EASA Form 1 as set out in Appendix II of Annex I (Part-M), or equivalent;
(iii)
has been marked in accordance with Subpart Q of Annex I (Part-21) to Regulation (EU) No 748/2012.
(b)
Prior to the installation of a component on an aircraft, the person or approved maintenance organisation shall ensure that the particular component is eligible to be fitted if different modifications or AD configurations are applicable.
(c)
Standard parts shall only be fitted to an aircraft or component when the maintenance data specifies those particular standard parts. Standard parts shall only be fitted when accompanied by evidence of conformity to the applicable standard and has appropriate traceability.
(d)
Raw or consumable material shall only be used on an aircraft or component provided that:
(i)
the aircraft or component manufacturer allows for the use of raw or consumable material in relevant maintenance data or as specified in Subpart F of Annex I (Part-M), Annex II (Part-145) or Annex Vd (Part-CAO).
(ii)
such material meets the required material specification and has appropriate traceability.
(iii)
such material is accompanied by documentation clearly relating to the particular material and containing a conformity-to-specification statement as well as the manufacturing and supplier source.
(e)
In case of balloons, where different combinations of baskets, burners and fuel cylinders are possible for a particular envelope, the person installing them shall ensure that:
(1)
the basket, burner and/or fuel cylinders are eligible for installation according to the TCDS or other documents referred to in the TCDS;
(2)
the basket, burner and/or fuel cylinders are in serviceable condition and have the appropriate maintenance records.
ML.A.502 Component maintenance
(a)
Components accepted by the owner in accordance with point (c) of point 21.A.307 of Annex I (Part-21) to Regulation (EU) No 748/2012 shall be maintained by any person or organisation, subject to reacceptance by the owner under the conditions of point 21.A.307(c) of that Annex. This maintenance is not eligible for the issuance of an EASA Form 1, as set out in Appendix II of Annex I (Part-M), and shall be subject to the aircraft release requirements.
(b)
Components shall be released in accordance with the following table:
Released using an EASA Form 1 (as set out in Appendix II of Annex I (Part-M))
Released at aircraft level per point ML.A.801 (not possible to issue an EASA Form 1)
Components maintained in accordance with component maintenance data (data issued by the component manufacturer)
Maintenance other than overhaul
Engine-rated (for engine) or component-rated (for other components) maintenance organisations
(i)
Aircraft-rated maintenance organisations; and/or
(ii)
independent certifying staff
Overhaul of components other than engines and propellers
Component-rated maintenance organisations
Not possible
Overhaul of engines and propellers for CS-VLA, CS-22 and LSA aircraft
Engine-rated (for engine) or component-rated (for propeller) maintenance organisations
(iii)
Aircraft-rated maintenance organisations; and/or
(iv)
independent certifying staff
Overhaul of engines and propellers for other than CS-VLA, CS-22 and LSA aircraft
Engine-rated (for engine) or component-rated (for propeller) maintenance organisations
Not possible
Components maintained in accordance with aircraft maintenance data (data issued by the aircraft manufacturer)
All components and all types of maintenance
Engine-rated (for engine) or component-rated (for other components) maintenance organisations
—
Aircraft-rated maintenance organisations; and/or
—
independent certifying staff
ML.A.503 Service-life-limited components
(a)
The term ‘service life-limited components’ contains the following components:
(1)
components subject to a certified life limit after which the components should be retired, and;
(2)
components subject to a service life limit after which the components shall undergo maintenance to restore their serviceability.
(b)
Installed service-life-limited components shall not exceed the approved service life limit as specified in the AMP and ADs, except as provided for in point ML.A.504(c).
(c)
The approved service life is expressed in calendar time, flight hours, landings or cycles, as appropriate.
(d)
At the end of the approved service life limit, the component must be removed from the aircraft for maintenance, or for disposal in the case of components with a certified life limit.
ML.A.504 Control of unserviceable components
(a)
A component shall be considered unserviceable in any of the following circumstances:
(1)
expiry of the component's service life limit as defined in the AMP;
(2)
non-compliance with the applicable ADs and other continued-airworthiness requirement mandated by the Agency;
(3)
absence of the necessary information to determine the airworthiness status of the component or its eligibility for installation;
(4)
evidence of component defects or malfunctions;
(5)
component involvement in an incident or accident likely to affect its serviceability.
(b)
Unserviceable components shall be identified as one of the following:
(1)
unserviceable and stored in a secure location under the control of an approved maintenance organisation or independent certifying staff until a decision is made on the future status of such components;
(2)
unserviceable by the person or organisation that declared the component unserviceable, and its custody shall be transferred to the aircraft owner after documenting such transfer in aircraft maintenance record system referred to in point ML.A.305.
(c)
Components which have reached their certified life limit or contain a non-repairable defect or malfunction shall be classified as unsalvageable and shall not be permitted to re-enter the component supply system unless certified life limits have been extended or a repair solution has been approved in accordance with point ML.A.304.
(d)
Any person or organisation responsible pursuant to point ML.A.201 shall in the case of an unsalvageable component, as provided for in point (c), take one of the following actions:
(1)
retain such component in a location referred to in point (b)(1);
(2)
arrange for the component to be mutilated in a manner that ensures that it is beyond economic salvage or repair before relinquishing responsibility for such a component.
(e)
Notwithstanding point (d), a person or organisation responsible pursuant to point ML.A.201 may transfer responsibility of components classified as unsalvageable without mutilation to an organisation for training or research.
SUBPART H
CERTIFICATE OF RELEASE TO SERVICE (CRS)
ML.A.801 Aircraft certificate of release to service
(a)
A CRS shall be issued after the required maintenance has been carried out properly on an aircraft.
(b)
The CRS shall be issued, alternatively by:
(1)
appropriate certifying staff on behalf of the approved maintenance organisation;
(2)
independent certifying staff;
(3)
the pilot- owner in compliance with point ML.A.803.
(c)
By derogation from point (b), in the case of unforeseen circumstances, when an aircraft is grounded at a location where no appropriately approved maintenance organisation and no appropriate certifying staff are available, the owner may authorise any person, with no less than 3 years of appropriate maintenance experience and holding the proper qualifications, to maintain the aircraft according to the standards set out in Subpart D of this Annex and release the aircraft. The owner shall in that case:
(1)
obtain and keep in the aircraft records, details of all the work carried out and of the qualifications held by the person issuing the certification;
(2)
ensure that any such maintenance is rechecked and released in accordance with point (b) of point ML.A.801 at the earliest opportunity and within a period not exceeding 7 days or, in the case of aircraft operated under Annex VII to Regulation (EU) No 965/2012 (Part-NCO) or, in the case of balloons, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or, in the case of sailplanes not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976, within a period not exceeding 30 days;
(3)
notify the contracted CAMO or CAO, or the competent authority in the absence of such a contract, within 7 days of the issuance of such authorisation.
(d)
In the case of a release to service in accordance with points (b)(1) or (b)(2), the certifying staff may be assisted in performing the maintenance tasks by one or more persons subject to his direct and continuous control;
(e)
A CRS shall contain at least:
(1)
basic details of the maintenance carried out;
(2)
the date on which the maintenance was completed;
(3)
the identity of the organisation or person issuing the release to service, including, alternatively:
(i)
the approval reference of the maintenance organisation and certifying staff issuing the CRS;
(ii)
in the case of point (b)(2), the identity and, if applicable, the licence number of the independent certifying staff issuing the CRS;
(4)
the limitations to airworthiness or operations, if any.
(f)
By derogation from point (a) and notwithstanding point (g), when the required maintenance cannot be completed, a CRS may be issued within the approved aircraft limitations. In that case, the CRS shall indicate that the maintenance could not be completed, as well as indicate any applicable airworthiness or operations limitations, as part of the information required in point (e)(4).
(g)
A CRS shall not be issued in the case of any known non-compliance with the requirements of this Annex which endangers flight safety.
ML.A.802 Component certificate of release to service
(a)
A component CRS shall be issued after the required maintenance has been carried out properly on an aircraft component in accordance with point ML.A.502.
(b)
The authorised release certificate identified as EASA Form 1, as set out Appendix II of Annex I (Part-M), constitutes the component CRS, except when such maintenance is released at aircraft level, as indicated in point ML.A.502(b).
ML.A.803 Pilot-owner authorisation
(a)
To qualify as a pilot-owner, the person must:
(1)
hold a valid pilot licence or equivalent licence issued or validated by a Member State for the aircraft type or class rating;
(2)
own the aircraft, either as a sole or joint owner; that owner must be, alternatively:
(i)
one of the natural persons on the registration form;
(ii)
a member of a non-profit recreational legal entity, where the legal entity is specified on the registration document as owner or operator; that member must be directly involved in the decision-making process of the legal entity and designated by that legal entity to carry out Pilot-owner maintenance.
(b)
For aircraft operated under Annex VII (Part-NCO) to Regulation (EU) No 965/2012 or, in the case of balloons, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or, in the case of sailplanes, not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976, the pilot-owner may issue a CRS after limited Pilot-owner maintenance as provided for in Appendix II to this Annex.
(c)
The CRS shall be entered in the logbooks and contain basic details of the maintenance carried out, the maintenance data used, the date on which that maintenance was completed, as well as the identity, the signature and the pilot licence (or equivalent) number of the pilot-owner issuing such a certificate.
SUBPART I
AIRWORTHINESS REVIEW CERTIFICATE (‘ARC’)
ML.A.901 Aircraft airworthiness review
To ensure the validity of the aircraft airworthiness certificate (‘ARC’), an airworthiness review of the aircraft and its continuing airworthiness records shall be carried out periodically.
(a)
An ARC is issued in accordance with Appendix IV (EASA Form 15c) to this Annex upon completion of a satisfactory airworthiness review. The ARC shall be valid for 1 year;
(b)
The airworthiness review and the issuance of the ARC shall be performed in accordance with point ML.A.903, alternatively by:
(1)
the competent authority;
(2)
an appropriately approved CAMO or CAO;
(3)
the approved maintenance organisation performing the 100-h/annual inspection contained in the AMP;
(4)
for aircraft operated under Annex VII (Part-NCO) to Regulation(EU) No 965/2012 or, in the case of balloons, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or, in the case of sailplanes, not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976, the independent certifying staff performing the 100-h/annual inspection contained in the AMP, when holding:
(i)
a licence issued in accordance with Annex III (Part-66) rated for the corresponding aircraft or, if Annex III (Part-66) is not applicable to the particular aircraft, a national certifying-staff qualification valid for that aircraft;
(ii)
an authorisation issued by, alternatively:
(A)
the competent authority who issued the licence issued in accordance with Annex III (Part-66),
(B)
if Annex III (Part-66)is not applicable, the competent authority responsible for the national certifying-staff qualification.
Independent certifying staff holding a licence issued in accordance with Annex III (Part-66), may perform airworthiness reviews and issue the ARC for aircraft registered in any Member State. However, independent certifying staff holding a national qualification shall only perform airworthiness reviews and issue the ARC for aircraft registered in the Member State responsible for the national qualification.
ARCs issued by independent certifying staff holding a national qualification shall not benefit from mutual recognition when transferring the aircraft to another Member State.
Whenever circumstances reveal the existence of a potential safety threat, the competent authority shall carry out the airworthiness review and issue the ARC itself.
(c)
The validity of an ARC may be extended maximum two consecutive times, for a period of one year each time, by an appropriately approved CAMO or CAO, subject to the following conditions:
(1)
the aircraft has been continuously managed for the previous 12 months by this CAMO or CAO;
(2)
the aircraft has been maintained for the previous 12 months by approved maintenance organisations; this includes pilot-owner maintenance tasks carried out and released to service either by the pilot-owner or by independent certifying staff;
(3)
the CAMO or CAO does not have any evidence or reason to believe that the aircraft is not airworthy.
This extension by the CAMO or CAO is possible regardless of which staff or organisation, as provided for in point (b), initially issued the ARC.
(d)
By derogation from point (c), the extension of the ARC may be anticipated for a maximum period of 30 days, without loss of continuity of the airworthiness review pattern, to ensure the availability of the aircraft in order to place the original ARC on board.
(e)
When the competent authority carries out the airworthiness review and issues the ARC itself, the owner shall provide the competent authority with:
(1)
the documentation required by the competent authority;
(2)
suitable accommodation at the appropriate location for its personnel;
(3)
when necessary, the support of appropriate certifying staff.
ML.A.902 Validity of the airworthiness review certificate
(a)
An ARC becomes invalid if, alternatively:
(1)
it is suspended or revoked;
(2)
the airworthiness certificate is suspended or revoked;
(3)
the aircraft is not in the aircraft register of a Member State;
(4)
the type certificate under which the airworthiness certificate was issued is suspended or revoked.
(b)
An aircraft shall not fly if the ARC is invalid or if any of the following circumstances are present:
(1)
the continuing airworthiness of the aircraft or any component fitted to the aircraft does not meet the requirements of this Annex;
(2)
the aircraft does not remain in conformity with the type design approved by the Agency;
(3)
the aircraft has been operated beyond the limitations of the approved flight manual or airworthiness certificate, without appropriate action being taken;
(4)
the aircraft has been involved in an accident or incident that affects the airworthiness of the aircraft, without subsequent appropriate action to restore airworthiness;
(5)
a modification or repair to the aircraft or any component fitted to the aircraft is not in compliance with Annex I (Part-21) to Regulation (EU) No 748/2012.
(c)
Upon surrender or revocation, the ARC shall be returned to the competent authority.
ML.A.903 Airworthiness review process
(a)
To satisfy the requirement for the airworthiness review of an aircraft referred to in point ML.A.901, the airworthiness review staff shall perform a documented review of the aircraft records to verify that:
(1)
airframe, engine and propeller flying hours and associated flight cycles have been properly recorded;
(2)
the flight manual is applicable to the aircraft configuration and reflects the latest revision status;
(3)
all the maintenance due on the aircraft according to the AMP has been carried out;
(4)
all known defects have been corrected or deferred in a controlled manner;
(5)
all applicable ADs have been applied and properly registered;
(6)
all modifications and repairs made to the aircraft have been registered and are in compliance with Annex I (Part-21) to Regulation (EU) No 748/2012;
(7)
all service-life-limited components installed on the aircraft are properly identified, registered and have not exceeded their approved service life limit;
(8)
all maintenance has been certified in accordance with this Annex;
(9)
if required, the current mass-and-balance statement reflects the configuration of the aircraft and is valid;
(10)
the aircraft complies with the latest revision of its type design approved by the Agency;
(11)
if required, the aircraft holds a noise certificate corresponding to the current configuration of the aircraft in compliance with Subpart I of Annex I (Part-21) to Regulation (EU) No 748/2012.
(b)
The airworthiness review staff referred to in point (a) shall carry out a physical survey of the aircraft. For this survey, airworthiness review staff not appropriately qualified under Annex III (Part-66) shall be assisted by such qualified personnel.
(c)
Through the physical survey of the aircraft, the airworthiness review staff shall ensure that:
(1)
all required markings and placards are properly installed;
(2)
the aircraft complies with its approved flight manual;
(3)
the aircraft configuration complies with the approved documentation;
(4)
no evident defect can be found that has not been addressed according to point ML.A.403;
(5)
no inconsistencies can be found between the aircraft and the documented review of records as referred to in point (a).
(d)
By derogation from point ML.A.901(a), the airworthiness review may be anticipated for a maximum period of 90 days, without loss of continuity of the airworthiness review pattern, so as to allow the physical review to take place during a maintenance check.
(e)
The ARC (EASA Form 15c) set out to in Appendix IV shall only be issued:
(1)
by appropriately authorised airworthiness review staff;
(2)
when the airworthiness review has been completely carried out, all findings have been closed;
(3)
when any discrepancy found in the AMP in accordance with point (h) has been satisfactorily addressed.
(f)
A copy of any ARC issued or extended for an aircraft shall be sent to the Member State of registry of that aircraft within 10 days.
(g)
Airworthiness review tasks shall not be subcontracted.
(h)
The effectiveness of the AMP may be reviewed in conjunction with the airworthiness review in accordance with point (c)(9) of point ML.A.302. This review shall be completed by the person who performed the airworthiness review. If the review shows deficiencies of the aircraft linked with deficiencies in the content of the AMP, the AMP shall be amended accordingly. The person performing the review shall inform the competent authority of the Member State of registry if he does not agree with the measures amending the AMP taken by the owner, CAMO or CAO. In such case the competent authority shall decide which amendments to the AMP are necessary, raising the corresponding findings defined in point ML.B.903 and, if necessary, reacting in accordance with point ML.B.304.
ML.A.904 Qualification of airworthiness review staff
(a)
Airworthiness review staff acting on behalf of the competent authority shall be qualified in accordance with point ML.B.902.
(b)
Airworthiness review staff acting on behalf of an organisation referred to in Subpart F of Annex I (Part-M), Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part-CAO) shall be qualified in accordance with Subpart F of Annex I (Part-M), Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part-CAO), respectively.
(c)
Airworthiness review staff acting on their own behalf, as permitted pursuant to point ML.A.901(b)(4), shall:
(1)
hold a licence issued in accordance with Annex III (Part-66) rated for the corresponding aircraft or, if Annex III (Part-66) is not applicable to the particular aircraft, hold a national certifying-staff qualification valid for that aircraft; and
(2)
hold an authorisation issued by, alternatively:
(i)
the competent authority who issued the licence in accordance with Annex III (Part-66);
(ii)
if Annex III (Part-66) is not applicable, the competent authority responsible for the national certifying-staff qualification.
(d)
The authorisation required under point (c)(2) shall be issued by the competent authority when:
(1)
the competent authority has assessed that the person has the knowledge of the parts of this Annex relevant to continuing-airworthiness management, performance of airworthiness reviews and issuance of ARCs;
(2)
the person has satisfactorily performed an airworthiness review under the supervision of the competent authority.
This authorisation shall remain valid for a duration of 5 years as long as the holder has performed at least 1 airworthiness review every 12-months. If this is not the case, a new airworthiness review shall be satisfactorily performed under the supervision of the competent authority.
Upon expiration of its validity, the authorisation shall be renewed for another 5 years subject to a new compliance with points (d)(1) and (d)(2). There is no limit to the number of renewals.
The holder of the authorisation shall keep records of all the airworthiness reviews performed and shall make them available, upon request, to any competent authority and to any aircraft owner for whom they are performing an airworthiness review.
This authorisation may be revoked by the competent authority at any time if it is not satisfied with the competence of the holder or with the use of such an authorisation.
ML.A.905 Transfer of aircraft registration within the Union
(a)
When transferring an aircraft registration within the Union, the applicant shall:
(1)
first, provide the former Member State with the name of the Member State in which the aircraft will be registered;
(2)
and subsequently apply to the new Member State for the issuance of a new airworthiness certificate in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012.
(b)
Notwithstanding point (a)(3) of point ML.A.902, the former ARC shall remain valid until its expiry date, except when the ARC was issued by independent certifying staff holding a national certifying-staff qualification in accordance with point (b)(4) of point ML.A.901, in which case point ML.A.906 shall apply.
(c)
Notwithstanding points (a) and (b), in those cases where the aircraft was in a non-airworthy condition in the former Member State or where the airworthiness status of the aircraft cannot be determined using the existing records, point ML.A.906 shall apply.
ML.A.906 Airworthiness review of aircraft imported into the Union
(a)
When importing an aircraft from a third country onto a Member State register, the applicant shall:
(1)
apply to the competent authority of the Member State of registry for the issuance of a new airworthiness certificate in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012;
(2)
for aircraft other than new, have an airworthiness review carried out satisfactorily in accordance with point ML.A.901;
(3)
have all maintenance carried out to comply with the approved or declared AMP.
(b)
If the aircraft complies with the relevant requirements, the competent authority, the CAMO or CAO, the maintenance organisation or the independent certifying staff performing the airworthiness review, as provided for in point (b) of point ML.A.901, shall issue an ARC and shall submit a copy to the competent authority of the Member State of registry.
(c)
The owner shall allow access to the aircraft for inspection by the competent authority of the Member State of registry.
(d)
A new airworthiness certificate shall be issued by the competent authority of the Member State of registry if the aircraft complies with Annex I (Part-21) to Regulation (EU) No 748/2012.
ML.A.907 Findings
(a)
Findings are categorised as follows:
(1)
A Level 1 finding is any finding of significant non-compliance with the requirements of this Annex which lowers the safety standard and seriously endangers flight safety.
(2)
A Level 2 finding is any finding of non-compliance with the requirements of this Annex which may lower the safety standard and may endanger flight safety.
(b)
After receipt of notification of findings in accordance with point ML.B.903, the person or organisation, having responsibilities pursuant to point ML.A.201, shall define and demonstrate to the competent authority within a period agreed with this authority a corrective action plan, aimed at preventing reoccurrence of the finding and its root cause.
SECTION B
PROCEDURE FOR COMPETENT AUTHORITIES
SUBPART A
GENERAL
ML.B.101 Scope
This Section establishes the administrative requirements to be followed by the competent authorities in charge of the implementation and enforcement of Section A of this Annex.
ML.B.102 Competent authority
(a) General
A Member State shall designate a competent authority with allocated responsibilities for the issuance, continuation, change, suspension or revocation of certificates and for the oversight of continuing airworthiness. This competent authority shall establish documented procedures and an organisational structure.
(b) Resources
The number of staff shall be appropriate to satisfy the requirements detailed in this Section.
(c) Qualification and training
All staff involved in activities covered by this Annex shall be appropriately qualified and have appropriate knowledge, experience, initial and continuation training to perform their allocated tasks.
(d) Procedures
The competent authority shall establish procedures detailing how compliance with this Annex is achieved.
The procedures shall be reviewed and amended to ensure continued compliance.
ML.B.104 Record-keeping
(a)
The competent authority shall establish a system of record-keeping that allows adequate traceability of the process for issuing, continuing, changing, suspending or revoking each certificate and authorisation.
(b)
The records for the oversight of each aircraft shall include, as a minimum, a copy of:
(1)
the aircraft certificate of airworthiness;
(2)
ARCs;
(3)
reports from the airworthiness reviews carried out directly by the Member State;
(4)
all relevant correspondence relating to the aircraft;
(5)
details of any exemption and enforcement action(s);
(6)
any document approved by the competent authority pursuant to this Annex or Regulation (EU) No 965/2012.
(c)
The records specified in point (b) shall be retained until 2 years after the aircraft has been permanently withdrawn from service.
(d)
All records specified in point ML.B.104 shall be made available to any other Member State or the Agency upon their request.
ML.B.105 Mutual exchange of information
(a)
In order to contribute to the improvement of aviation safety, the competent authorities shall participate in a mutual exchange of all the necessary information in accordance with Article 72 of Regulation (EC) 2018/1139.
(b)
Without prejudice to the competences of the Member States, in the case of a potential safety threat involving several Member States, the competent authorities concerned shall assist each other in carrying out the necessary oversight action.
SUBPART B
ACCOUNTABILITY
ML.B.201 Responsibilities
The competent authority referred to in point (b) of point ML.1 shall be responsible for conducting inspections and investigations in order to verify that the requirements of this Annex are complied with.
SUBPART C
CONTINUING AIRWORTHINESS
ML.B.302 Exemptions
All exemptions granted in accordance with Article 71 of Regulation (EC) 2018/1139 shall be recorded and retained by the competent authority.
ML.B.303 Aircraft continuing airworthiness monitoring
(a)
The competent authority shall develop a survey programme following a risk-based approach to monitor the airworthiness status of the fleet of aircraft on its register.
(b)
A survey programme shall include sample product surveys of aircraft and shall cover all aspects of airworthiness key risk elements.
(c)
A sample product survey shall sample the airworthiness standards achieved, on the basis of the applicable requirements, and identify any findings.
(d)
Any findings identified shall be categorised in accordance with point ML.B.903 and confirmed in writing to the person or organisation responsible pursuant to point ML.A.201. The competent authority shall have a procedure in place to analyse findings as for their safety significance.
(e)
The competent authority shall record all findings and closure actions.
(f)
If during aircraft monitoring, evidence is found showing non-compliance with this or other Annexes, the finding shall be dealt with as provided for by the relevant Annex.
(g)
If so required to ensure appropriate enforcement action, the competent authority shall exchange information on non-compliances identified in accordance with point (f) with other competent authorities.
ML.B.304 Revocation, suspension and limitation
The competent authority shall:
(a)
suspend an ARC on reasonable grounds in the case of a potential safety threat; or
(b)
suspend or revoke an ARC pursuant to point (a) of point ML.B.903.
The competent authority who issued the airworthiness review authorisation pursuant to point (c) of point ML.A.904 for independent certifying staff shall revoke such authorisation if the holder shows poor performance of the airworthiness review or uses such authorisation in inappropriate manner.
SUBPART I
AIRWORTHINESS REVIEW CERTIFICATE (‘ARC’)
ML.B.902 Airworthiness review by the competent authority
(a)
When the competent authority carries out the airworthiness review and issues the ARC set out in Appendix IV to this Annex (EASA Form 15c), the competent authority shall carry out an airworthiness review in accordance with point ML.A.903.
(b)
The competent authority shall have appropriate airworthiness review staff to carry out the airworthiness reviews. These staff shall have acquired all of the following:
(1)
at least 3 years of experience in continuing airworthiness;
(2)
an appropriate licence in compliance with Annex III (Part-66) or a nationally-recognised maintenance personnel qualification appropriate to the aircraft category (when Article 5(6) of Regulation (EU) No 1321/2014 refers to national rules) or an aeronautical degree or equivalent;
(3)
an appropriate aeronautical-maintenance training;
(4)
a position that authorises that person to sign on behalf of the competent authority.
Notwithstanding points (1) to (4), the requirement of point ML.B.902(b)(2) may be replaced by 4 years of experience in continuing airworthiness, in addition to those already required by point ML.B.902(b)(1).
(c)
The competent authority shall maintain a record of all airworthiness review staff, which shall include details of any appropriate qualification held together with a summary of relevant continuing airworthiness management experience and training.
(d)
During the performance of the airworthiness review, the competent authority shall have access to the applicable data as specified in points ML.A.305, ML.A.306 and ML.A.401.
(e)
The staff that carries out the airworthiness review shall issue an airworthiness review certificate (EASA Form 15c), as set out in Appendix IV, after satisfactory completion of the airworthiness review.
(f)
Whenever circumstances reveal the existence of a potential safety threat, the competent authority shall carry out the airworthiness review and issue the ARC itself.
ML.B.903 Findings
If during aircraft surveys or by other means, evidence is found showing non-compliance with requirements of this Annex, the competent authority shall:
(a)
for Level 1 findings, require appropriate corrective action to be taken before further flight, and immediately revoke or suspend the ARC; and
(b)
for Level 2 findings, impose the corrective action appropriate to the nature of the finding.
Appendix I
Continuing-airworthiness management contract
(a)
When an owner contracts in accordance with point ML.A.201 a CAMO or CAO to carry out continuing airworthiness management tasks, upon request by the competent authority, a copy of the contract signed by both parties shall be sent by the owner to the competent authority of the Member State of registry.
(b)
The contract shall be developed taking into account the requirements of this Annex and shall define the obligations of the signatories in relation to the continuing airworthiness of the aircraft.
(c)
It shall contain, as a minimum the following information:
(1)
the aircraft registration, type and serial number;
(2)
the aircraft owner's or registered lessee's name or company details including the address;
(3)
details of the contracted CAMO or CAO, including the address;
(4)
the type of operation.
(d)
It shall state the following:
‘The owner entrusts the CAMO or CAO with the management of the continuing airworthiness of the aircraft, the development and approval of a maintenance programme, and the organisation of the maintenance of the aircraft according to said maintenance programme.
According to the present contract, both signatories undertake to follow the respective obligations of this contract.
The owner declares, to the best of its knowledge, that all the information given to the CAMO or CAO concerning the continuing airworthiness of the aircraft is and will be accurate, and that the aircraft will not be altered without prior approval of the CAMO or CAO.
In case of any non-conformity with this contract, by either of the signatories, the contract will become null. In such a case, the owner will retain full responsibility for every task linked to the continuing airworthiness of the aircraft, and the owner will inform the competent authoritie(s) of the Member State of registry within 2 weeks about the termination of the contract.’
(e)
When an owner contracts a CAMO or CAO in accordance with point ML.A.201, the obligations of each party shall be assigned as follows:
(1)
Obligations of CAMO or CAO:
(i)
have the aircraft type included in its terms of approval;
(ii)
respect all the conditions listed below with regard to maintaining the continuing airworthiness of the aircraft:
(A)
develop and approve the AMP for the aircraft;
(B)
once it has been approved, provide the owner with a copy of the AMP, as well as a copy of the justifications for any deviations from the DAH's recommendations;
(C)
organise a bridging inspection using the aircraft's prior AMP;
(D)
organise that all maintenance is carried out by an approved maintenance organisation or, if permitted, by independent certifying staff;
(E)
organise that all applicable ADs are applied;
(F)
organise that all defects discovered during maintenance, airworthiness reviews or reported by the owner are corrected by an approved maintenance organisation or, if permitted, by independent certifying staff;
(G)
coordinate scheduled maintenance, the application of ADs, the replacement of service-life-limited parts, and component inspection requirements;
(H)
inform the owner each time the aircraft must be brought to an approved maintenance organisation or, if permitted, to independent certifying staff;
(I)
manage and archive all technical records;
(iii)
organise the approval of any modification to the aircraft in accordance with Annex I to Regulation (EU) No 748/2012 (Part-21) before this modification is embodied;
(iv)
organise the approval of any repair to the aircraft in accordance with Annex I to Regulation (EU) No 748/2012 (Part-21) before this repair is carried out;
(v)
inform the competent authority of the Member State of registry whenever the aircraft is not presented by the owner for maintenance as requested by the contracted CAMO or CAO;
(vi)
inform the competent authority of the Member State of registry whenever the present contract has not been respected;
(vii)
ensure that the airworthiness review of the aircraft is carried out, when necessary, and ensure that the ARC is issued;
(viii)
send within 10 days a copy of any ARC issued or extended to the competent authority of the Member State of registry;
(ix)
carry out all occurrence reporting mandated by applicable regulations;
(x)
inform the competent authority of the Member State of registry whenever the present contract is denounced by either party.
(2)
Obligations of the owner:
(i)
have a general understanding of the AMP;
(ii)
have a general understanding of this Annex;
(iii)
present the aircraft for maintenance as directed by the contracted CAMO or CAO;
(iv)
not modify the aircraft without first consulting the contracted CAMO or CAO;
(v)
inform the contracted CAMO or CAO of all maintenance exceptionally carried out without the knowledge and control of the contracted CAMO or CAO;
(vi)
report to the contracted CAMO or CAO through the logbook all defects found during operations;
(vii)
inform the competent authority of the Member State of registry whenever the present contract is denounced by either party;
(viii)
inform the competent authority of the Member State of registry and the contracted CAMO or CAO whenever the aircraft is sold;
(ix)
carry out all occurrence reporting mandated by applicable regulations;
(x)
inform on a regular basis the contracted CAMO or CAO about the aircraft flying-hours and any other utilisation data, as agreed with the contracted CAMO or CAO;
(xi)
enter the CRS in the logbooks, as mentioned in point ML.A.803(c), when performing pilot-owner maintenance;
(xii)
inform the contracted CAMO or CAO no later than 30 days after completion of any Pilot-owner maintenance task.
Appendix II
Limited pilot-owner maintenance
In addition to the requirements laid down in this Annex, the pilot-owner shall comply with the following basic principles before it carries out any maintenance task:
(a) Competence and responsibility
(1)
The pilot-owner shall always be responsible for any maintenance he performs.
(2)
The pilot-owner shall hold satisfactory level of competence to perform the task. It is the responsibility of a pilot-owner to familiarise himself with the standard maintenance practices for his aircraft and with the AMP.
(b) Tasks
The Pilot-owner may carry out simple visual inspections or operations to check the airframe, engines, systems and components for general condition, obvious damage and normal operation.
A maintenance task shall not be released by the pilot-owner if any of the following conditions occurs:
(1)
it is a critical maintenance task;
(2)
it requires the removal of major components o r a major assembly;
(3)
it is carried out in compliance with an AD or an airworthiness limitation item (ALI) unless specifically allowed in the AD or the ALI;
(4)
it requires the use of special tools or calibrated tools (except for torque wrench and crimping tool);
(5)
it requires the use of test equipment or special testing (e.g. non-destructive testing (NDT), system tests or operational checks for avionics equipment);
(6)
it is composed of any unscheduled special inspections (e.g. heavy-landing check);
(7)
it affects systems essential for the instrumental flight rules (IFR) operations;
(8)
it is a complex maintenance task in accordance with Appendix III, or it is a component maintenance task in accordance with point (a) or (b) of point ML.A.502;
(9)
it is part of the 100-h/annual check (for those cases the maintenance task is combined with the airworthiness review performed by maintenance organisations or independent certifying staff).
The criteria referred to in points (1) to (9) cannot be overridden by less restrictive instructions issued in accordance with the AMP referred to in point ML.A.302.
Any task described in the aircraft flight manual (or other operational manuals), for example preparing the aircraft for flight (assembling the sailplane wings, or performing a preflight inspection, or assembling a basket, burner, fuel cylinders and an envelope combination for a balloon, etc.), is not considered a maintenance task and, therefore, does not require a CRS. Nevertheless, the person assembling those parts is responsible for ensuring that those parts are eligible for installation and in a serviceable condition.
(c) Performance and records of the pilot-owner maintenance tasks
The maintenance data, as specified in point ML.A.401, must always be available during the conduct of pilot-owner maintenance and must be complied with. Details of the data referred to in the conduct of pilot-owner maintenance must be included in the CRS in accordance with point (d) of point ML.A.803.
The pilot-owner must inform the contracted CAMO or CAO (if such contract exists) about the completion of the pilot-owner maintenance tasks no later than 30 days after completion of these tasks in accordance with point (a) of point ML.A.305.
Appendix III
Complex maintenance tasks not to be released by the pilot-owner
All of the following constitutes the complex maintenance tasks which, according to Appendix II, shall not be carried out by the pilot-owner. These tasks shall be released either by CAO or by independent certifying staff:
(a)
the modification, repair or replacement by riveting, bonding, laminating, or welding of any of the following airframe parts:
(1)
a box beam;
(2)
a wing stringer or chord member;
(3)
a spar;
(4)
a spar flange;
(5)
a member of a truss type beam;
(6)
the web of a beam;
(7)
a keel or chine member of a flying boat hull or a float;
(8)
a corrugated sheet compression member in a wing or tail surface;
(9)
a wing main rib;
(10)
a wing or tail surface brace strut;
(11)
an engine mount;
(12)
a fuselage longeron or frame;
(13)
a member of a side truss, horizontal truss or bulkhead;
(14)
a seat support brace or bracket;
(15)
a seat rail replacement;
(16)
a landing-gear strut or brace strut;
(17)
an axle;
(18)
a wheel; and
(19)
a ski or ski pedestal, excluding the replacement of a low-friction coating;
(b)
the modification or repair of any of the following parts:
(1)
aircraft skin or the skin of an aircraft float if the work requires the use of a support, jig or fixture;
(2)
aircraft skin that is subject to pressurisation loads if the damage to the skin measures more than 15 cm (6 in.) in any direction;
(3)
a load-bearing part of a control system, including a control column, pedal, shaft, quadrant, bell crank, torque tube, control horn and forged or cast bracket, but excluding:
(i)
the swaging of a repair splice or cable fitting; and
(ii)
the replacement of a push-pull tube end fitting that is attached by riveting;
(4)
any other structure not listed in point (a) that a manufacturer has identified as primary structure in their maintenance manual, structural repair manual or instructions for continuing airworthiness;
(c)
the performance of all of the following maintenance on a piston engine:
(1)
dismantling and subsequent reassembling of a piston engine other than:
(i)
to obtain access to the piston/cylinder assemblies; or
(ii)
to remove the rear accessory cover to inspect and/or replace oil pump assemblies, where such work does not involve the removal and refitment of internal gears;
(2)
dismantling and subsequent reassembling of reduction gears;
(3)
welding and brazing of joints, other-than-minor weld repairs to exhaust units carried out by a suitably approved or authorised welder but excluding component replacement;
(4)
the disturbing of individual parts of units which are supplied as bench-tested units except for the replacement or adjustment of items normally replaceable or adjustable in service;
(d)
the balancing of a propeller, except:
(1)
for the certification of static balancing where required by the maintenance manual; and
(2)
dynamic balancing on installed propellers using electronic balancing equipment where permitted by the maintenance manual or other approved airworthiness data;
(e)
any additional task that requires:
(1)
specialised tooling, equipment or facilities; or
(2)
significant coordination procedures because of the extensive duration of the tasks and the involvement of several persons.
Appendix IV
Airworthiness Review Certificate - EASA Form 15c
NOTE:
persons and organisations performing the airworthiness review in combination with the 100-h/annual inspection may use the reverse side of this form in order to issue the CRS referred to in point ML.A.801 corresponding to the 100-h/annual inspection.
Text of image
AIRWORTHINESS REVIEW CERTIFICATE (ARC) (for aircraft complying with Annex Vb (Part-ML))
ARC reference:
Pursuant to Regulation (EC) 2018/1139 of the European Parliament and of the Council:
[NAME OF THE COMPETENT AUTHORITY]
or
[NAME OF APPROVED ORGANISATION, ADDRESS and APPROVAL REFERENCE]
or
[FULL NAME OF THE CERTIFYING STAFF AND PART-66 LICENCE NUMBER (OR NATIONALEQUIVALENT)]
hereby certifies that it has performed an airworthiness review in accordance with Regulation (EU) No 1321/2014 on the following aircraft:
Aircraft manufacturer: Manufacturer’s designation:
Aircraft registration: Aircraft serial number:
and this aircraft is considered airworthy at the time of the review.
Date of issue: Date of expiry:
Airframe flight hours (FH) at date of review (*):
Signed: Authorisation No (if applicable):
1st Extension: the aircraft complies with the conditions of point ML.A.901(c) of Annex Vb (Part-ML).
Date of issue: Date of expiry:
Airframe flight hours (FH) at date of issue (*):
Signed: Authorisation No:
Company name: Approval reference:
2nd Extension: the aircraft complies with the conditions of point ML.A.901(c) of Annex Vb (Part-ML).
Date of issue: Date of expiry:
Airframe flight hours (FH) at date of issue (*):
Signed: Authorisation No:
Company name: Approval reference:
(*) Except for balloons and airships.
EASA Form 15c, Issue 3
’
( *1 ) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council ( OJ L326, 20.12.2018, p. 64 ).
