ANNEX IVSupplementary provisions
ANNEX IV The following Annex Va (Part-T) is added to Regulation (EU) No 1321/2014: ‘ANNEX Va PART-T Contents T.1 Competent authority Section A — Technical requirements Subpart A — GENERAL T.A.101 Scope Subpart B — REQUIREMENTS T.A.201 Responsibilities Subpart E — MAINTENANCE ORGANISATION Subpart G — ADDITIONAL REQUIREMENTS FOR CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATIONS APPROVED PURSUANT TO ANNEX I (PART-M) SUBPART G T.A.701 Scope T.A.704 Continuing airworthiness management exposition T.A.706 Personnel requirements T.A.708 Continuing airworthiness management T.A.709 Documentation T.A.711 Privileges T.A.712 Quality system T.A.714 Record-keeping T.A.715 Continued validity of approval T.A.716 Findings Section B — Procedures for competent authorities Subpart A — GENERAL T.B.101 Scope T.B.102 Competent authority T.B.104 Record-keeping Subpart B — ACCOUNTABILITY T.B.201 Responsibilities T.B.202 Findings Subpart G — ADDITIONAL REQUIREMENTS FOR CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATIONS APPROVED PURSUANT TO ANNEX I (PART-M) SUBPART G T.B.704 Continuing oversight T.B.705 Findings T.1 Competent authority For the purpose of this Part, the competent authority for the oversight of the aircraft and the organisations shall be the authority designated by the Member State that has issued the Air Operator Certificate to the operator. SECTION A TECHNICAL REQUIREMENTS SUBPART A GENERAL T.A.101 Scope This section establishes requirements to ensure that continuing airworthiness of aircraft referred to in Article 1(b) is maintained in compliance with the essential requirements of Annex IV to Regulation (EC) No 216/2008 It also specifies the conditions to be met by the persons and organisations responsible for management of the continuing airworthiness and maintenance of such aircraft. SUBPART B CONTINUING AIRWORTHINESS T.A.201 Responsibilities 1. (a) The operator is responsible for the airworthiness of the aircraft and it shall ensure that it is not operated unless the aircraft has a type certificate issued or validated by the Agency; (b) the aircraft is in an airworthy condition; (c) the aircraft holds a valid certificate of airworthiness issued in accordance with ICAO Annex 8; (d) the maintenance of the aircraft is performed in accordance with a maintenance programme which shall comply with the requirements of the State of Registry and the applicable requirements of ICAO Annex 6. (e) any defect or damage affecting the safe operation of the aircraft is rectified to a standard acceptable to the State of Registry; (f) the aircraft complies with any applicable: (i) airworthiness directive or continued airworthiness requirement issued or adopted by the State of Registry; and (ii) mandatory safety information issued by the Agency, including airworthiness directives; (g) a release to service is issued to the aircraft after maintenance by qualified organisations in compliance with the State of Registry requirements. The signed release to service shall contain, in particular, the basic details of the maintenance carried out. (h) the aircraft is inspected, through a pre-flight inspection, before each flight (i) all modifications and repairs comply with the airworthiness requirements established by the State of Registry (j) the following aircraft records are available until the information contained has been superseded by new information equivalent in scope and detail but not less than 24 months: (1) the total time in service (hours, cycles and calendar time, as appropriate) of the aircraft and all life-limited components; (2) current status of compliance with T.A.201 (1)(f) requirements; (3) current status of compliance with the maintenance programme; (4) current status of modifications and repairs together with appropriate details and substantiating data to demonstrate that they comply with the requirements established by the State of Registry. 2. The tasks specified in T.A.201 (1) shall be controlled by the operator's continuing airworthiness management organisation. For this purpose the organisation shall comply with the additional requirements of T.A. Subpart G 3. The continuing airworthiness management organisation referred to in (2) shall ensure that the maintenance and release of the aircraft are performed by a maintenance organisation meeting the requirements of Subpart E. For this purpose, when the continuing airworthiness management organisation does not meet the requirements of subpart E itself, it shall establish a contract with such organisations. SUBPART E MAINTENANCE ORGANISATION The continuing airworthiness management organisation shall ensure that the aircraft and its components are maintained by organisations complying with the following requirements: (1) The organisation holds a maintenance organisation approval issued or acceptable to the State of Registry. (2) The scope of approval of the organisation includes the appropriate aircraft and/or component capability. (3) The organisation has established an occurrence reporting system which ensures that any identified condition of an aircraft or component which endangers the flight safety is reported to the operator, the competent authority of the operator, the organisation responsible for the type design or supplemental type design and the continuing airworthiness management organisation. (4) The organisation has established an organisation's manual providing a description of all the procedures of the organisation. SUBPART G ADDITIONAL REQUIREMENTS FOR CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATIONS APPROVED PURSUANT TO ANNEX I (PART-M) SUBPART G T.A.701 Scope This Subpart establishes the requirements to be met in addition to the requirements of Part-M Subpart G by an organisation approved in accordance with Part-M Subpart G to control the tasks specified in T.A.201 T.A.704 Continuing airworthiness management exposition In addition to the requirements of M.A.704, the exposition shall contain procedures specifying how the continuing airworthiness management organisation ensures compliance with Part-T T.A.706 Personnel requirements In addition to the requirements of M.A.706, the M.A.706 (c) and (d) personnel shall have adequate knowledge of the applicable third country regulations. T.A.708 Continuing airworthiness management Notwithstanding M.A.708, for aircraft managed under the requirements of Part-T the approved continuing airworthiness management organisation shall: (a) ensure that the aircraft is taken to a maintenance organisation whenever necessary; (b) ensure that all maintenance is carried out in accordance with the maintenance programme; (c) ensure the application of the T.A.201 (1)(f) mandatory information; (d) ensure that all defects discovered during scheduled maintenance or reported are corrected by the maintenance organisation in accordance with the maintenance data acceptable to the State of Registry; (e) coordinate scheduled maintenance, the application of the T.A.201 (1)(f) mandatory information, the replacement of life-limited parts, and component inspection to ensure the work is carried out properly; (f) manage and archive the continuing airworthiness records required by T.A.201 (1)(j); (g) ensure that modifications and repairs are approved in accordance with the requirements of the State of Registry. T.A.709 Documentation Notwithstanding M.A.709(a) and (b), for every aircraft managed following the requirements of Part-T the continuing airworthiness management organisation shall hold and use applicable maintenance data acceptable to the State of Registry. T.A.711 Privileges A continuing airworthiness management organisation approved in accordance with Part-M Subpart G may perform the tasks specified in T.A.708 for the aircraft included in its Air Operator Certificate provided that the organisation has established procedures, approved by the competent authority, to ensure compliance with Part-T. T.A.712 Quality system In addition to the requirements of M.A.712, the continuing airworthiness management organisation shall ensure that the quality system monitors that all the activities under this Subpart are performed in accordance with the approved procedures. T.A.714 Record-keeping In addition to the requirements of M.A.714(a), the organisation shall keep the records required by T.A.201(1)(j). T.A.715 Continued validity of approval In addition to the conditions of M.A.715(a) for an organisation managing the continuing airworthiness pursuant this Subpart, the approval shall remain valid subject to: (a) the organisation complying with the applicable requirements of Part-T; and (b) the organisation ensuring that any person authorised by the competent authority is granted access to any of its facilities, aircraft or documents related to its activities, including any subcontracted activities, to determine compliance with this Part. T.A.716 Findings After receipt of notification of findings according to T.B.705, the continuing airworthiness management organisation approval shall define a corrective action plan and demonstrate corrective action to the satisfaction of the competent authority within a period agreed with this authority. SECTION B ADDITIONAL PROCEDURES FOR COMPETENT AUTHORITIES SUBPART A GENERAL T.B.101 Scope This Section establishes the administrative requirements to be followed by the competent authorities in charge of the application and enforcement of Section A of this Part-T. T.B.102 Competent authority 1. General A Member State shall designate a competent authority with allocated responsibilities as referred to in T.1. This competent authority shall establish documented procedures and an organisational structure. 2. Resources The number of staff shall be appropriate to carry out the requirements as detailed in this Section 3. Qualification and training All staff involved in Part-T activities shall be appropriately qualified and have the appropriate knowledge, experience, initial training and continuation training to perform their allocated tasks. 4. Procedures The competent authority shall establish procedures detailing how compliance with this Part is accomplished. T.B.104 Record-keeping 1. The requirements of M.B.104(a), (b) and (c) of Annex I shall apply. 2. The minimum records for the oversight of each aircraft shall include, at least, a copy of: a) the aircraft's certificate of airworthiness, b) all relevant correspondence relating to the aircraft, c) reports from any inspection and survey performed to the aircraft, d) details of any exemption and enforcement action(s). 3. All records specified in T.B.104 shall be made available, upon request, to another Member State, the Agency or the State of Registry. 4. The records specified in (2) shall be retained until 4 years after the end of the dry lease-in period. T.B.105 Mutual exchange of information The requirements of M.B.105 of Annex I shall apply. SUBPART B ACCOUNTABILITY T.B.201 Responsibilities 1. The competent authority as specified in T.1 is responsible for conducting inspections and investigations, including aircraft surveys, in order to verify that the requirements of this Part are complied with. 2. The competent authority shall perform inspections and investigations before the approval of the dry lease in agreement in accordance with ARO.OPS.110 (a)(1), to verify that the requirements of T.A.201 are then complied with. 3. The competent authority shall ensure coordination with the State of Registry as necessary to exercise the oversight responsibilities of the aircraft contained in this Annex Va (Part-T). T.B.202 Findings 1. A level 1 finding is any significant non-compliance with the Part-T requirements which lowers the safety standard and hazards seriously the flight safety. 2. A level 2 finding is any non-compliance with the Part-T requirements which could lower the safety standard and possibly hazard the flight safety. 3. When a finding is detected during inspections, investigations, aircraft surveys or by other means, the competent authority shall: a) take measures as necessary, such as the grounding of the aircraft, to prevent the continuation of the non-compliance, b) require corrective actions appropriate to the nature of the finding to be taken. 4. For level 1 findings, the competent authority shall require appropriate corrective action to be taken before further flight and notify the State of Registry. SUBPART G ADDITIONAL REQUIREMENTS FOR CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATIONS APPROVED PURSUANT TO ANNEX I (PART-M) SUBPART G T.B.702 Initial approval In addition to the requirements of M.B.702, when the organisation's continuing airworthiness management exposition contains procedures to manage the continuing airworthiness of aircraft referred to in Article 1(b), the competent authority shall establish that those procedures comply with Part-T and it shall verify that the organisation complies with the Part-T requirements. T.B.704 Continuing oversight In addition to the requirements of M.B.704, a relevant sample of aircraft referred to in Article 1(b) managed by the organisation shall be surveyed in every 24-month period. T.B.705 Findings In addition to the requirements of M.B.705, for organisations managing the continuing airworthiness of aircraft referred to in Article 1(b) the competent authority shall also take actions when during audits, ramp inspections or by other means evidence is found showing non-compliance with the Part-T requirements.’