ANNEX IVSupplementary provisions
ANNEX IV Annex Vb (Part-ML) to Regulation (EU) No 1321/2014 is amended as follows: (1) the table of contents is replaced by the following: ‘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 Airworthiness review — General ML.A.902 Validity of the airworthiness review certificate ML.A.903 Airworthiness review process ML.A.904 Airworthiness review staff ML.A.905 Transfer of aircraft registration within the Union ML.A.906 Airworthiness review of aircraft without an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012 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 ML.B.202 Information to the Agency SUBPART C — CONTINUING AIRWORTHINESS ML.B.302 Exemptions ML.B.303 Aircraft continuing airworthiness monitoring ML.B.304 Revocation and suspension SUBPART I — AIRWORTHINESS REVIEW CERTIFICATE (ARC) ML.B.901 Airworthiness review certificate issued by the competent authority ML.B.905 Transfer of aircraft registration within the Union ML.B.906 Airworthiness review of aircraft without an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012 ML.B.907 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)’; (2) point ML.A.202 is replaced by the following: ‘ML.A.202 Occurrence reporting (a) The following persons shall report any safety-related event or identified condition of an aircraft or component that endangers or, if not corrected or addressed, could endanger an aircraft, its occupants or any other person: (1) the owner referred to in point ML.A.201(f) carrying out the aircraft continuing airworthiness tasks themselves; (2) the independent certifying staff referred to in point ML.A.801(b)(2); (3) the pilot-owner referred to in point ML.A.801(b)(3). (b) Reports required by point (a) shall: (1) be made to the competent authority of the Member State of registry of the aircraft and to the organisation responsible for the design of the aircraft or component; (2) be made as soon as practicable, but in any case, within 72 hours of becoming aware of the event or condition, unless exceptional circumstances prevent this; (3) be made in a form and manner established by the competent authority of the Member State of registry of the aircraft; (4) contain all pertinent information about the event or condition known to the person. (c) In addition to the requirements set out in points (a) and (b), a person carrying out maintenance or airworthiness review shall also report any such event or condition affecting the aircraft to the person or organisation responsible in accordance with point ML.A.201 for the continuing airworthiness of such aircraft.’; (3) points ML.A.901, ML.A.902 and ML.A.903 are replaced by the following: ‘ML.A.901 Airworthiness review — General (a) To ensure the validity of the airworthiness certificate, an aircraft shall periodically undergo an airworthiness review in accordance with point ML.A.903. (b) The satisfactory completion of an airworthiness review shall result in an airworthiness review certificate (ARC) issued in accordance with Appendix IV (EASA Form 15c). (c) The airworthiness review and the issuance of the ARC shall be performed in accordance with point ML.A.903, by one of the following: (1) the competent authority; (2) an appropriately approved CAO with the privileges specified in point CAO.A.095(c)(1) of Annex Vd or an appropriately approved CAMO with the privileges specified in point CAMO.A.125(e) of Annex Vc; (3) an appropriately approved CAO with the privileges specified in point CAO.A.095(c)(2) of Annex Vd, or a Part-145 organisation with the privileges specified in point 145.A.75(f) of Annex II, while 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 Implementing Regulation (EU) 2018/1976, an independent certifying staff while performing the 100-h/annual inspection contained in the AMP, when qualified in accordance with point ML.A.904(c) of this Annex. (d) When the airworthiness review is carried out by the person or organisation specified in points (c)(2), (c)(3) or (c)(4), the ARC shall be signed by the airworthiness review staff who carried out the airworthiness review. (e) The person or organisation responsible for the continuing airworthiness of the aircraft in accordance with point ML.A.201 shall, upon request and where necessary for those purposes, ensure that the person, organisation or the competent authority carrying out the airworthiness review: (1) has the required aircraft documentation and records; (2) has suitable accommodation at the appropriate location for its personnel; (3) has access to the aircraft; (4) has the assistance of appropriate certifying staff. (f) By derogation from point ML.A.902(a), the airworthiness review may be carried out 90 days or less before the expiry date of the ARC, without loss of continuity of the airworthiness review pattern. (g) The airworthiness review shall not be subcontracted. (h) An ARC shall not be issued if there is evidence or there are indications that the aircraft is not airworthy. (i) A copy of any ARC issued or extended for an aircraft shall be sent to the competent authority of the Member State of registry of the aircraft concerned within 10 days of the issuance or extension. (j) Upon surrender or revocation, the ARC shall be returned to the competent authority of the Member State of registry, when so requested by the respective authority. ML.A.902 Validity of the airworthiness review certificate (a) An ARC shall be valid for 1 year and its validity may be extended for another year for a maximum of two consecutive extensions. The extension of the validity of the ARC shall begin on: (1) the previous expiry date, if: (i) the extension is carried out within 30 days before the expiry date of the ARC; (ii) the extension is carried out after the expiry date of the ARC; (2) the date on which the extension is carried out, if it is carried out more than 30 days before the expiry date of the ARC. (b) The ARC shall only be extended by the organisation managing the continuing airworthiness of the aircraft, subject to the following conditions: (1) the continuing airworthiness of the aircraft has been continuously managed by that organisation since the issue of the ARC; (2) the aircraft has been maintained since the issue of the ARC by a maintenance organisation approved in accordance with Annex II (Part-145) or Annex Vd (Part-CAO); (3) the organisation managing the continuing airworthiness of the aircraft has no evidence or reason to believe that the aircraft is not airworthy. The maintenance referred to in the first paragraph, point (2), may include pilot-owner maintenance tasks carried out and released to service either by the pilot-owner or by independent certifying staff. (c) An ARC shall become invalid if: (1) it is expired, suspended, surrendered or revoked; (2) the airworthiness certificate is suspended, surrendered or revoked. (d) An aircraft shall not fly if the ARC is invalid or if the continuing airworthiness of the aircraft or any component installed on the aircraft does not meet the applicable requirements of this Annex. ML.A.903 Airworthiness review process (a) An airworthiness review is a process that comprises all the tasks and activities for evaluating the airworthiness status of an aircraft based on a documented review of the related aircraft continuing airworthiness records and a physical survey. (b) Through the documented review of the aircraft, the airworthiness review staff shall be satisfied that: (1) the total in-service life accumulated in the applicable parameter of the aircraft, engine(s), propeller(s), life-limited parts and time-controlled components has been properly recorded; (2) the flight manual is applicable to the aircraft configuration and is kept up to date; (3) the maintenance due on the aircraft according to the AMP, as specified in point ML.A.302, has been carried out; (4) known defects have been rectified or, when applicable, deferred in accordance with point ML.A.403; (5) the applicable airworthiness directives and the measures mandated by the competent authority have been complied with and properly entered into the aircraft continuing airworthiness record system; (6) the modifications and repairs applied to the aircraft have been entered into the aircraft continuing airworthiness record system and comply with point ML.A.304; (7) the life-limited parts and time-controlled components installed on the aircraft are properly identified, entered into the aircraft continuing airworthiness record system and have not exceeded their limitation; (8) if applicable, the current mass and balance statement reflects the current configuration of the aircraft and is valid; (9) the aircraft complies with the applicable type design; (10) if issued, the aircraft holds a valid airworthiness certificate in compliance with Section A, Subpart H, of Annex I (Part 21) or, as applicable, Section A, Subpart H, of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012; (11) if issued, the aircraft holds a valid noise certificate corresponding to the current configuration of the aircraft in compliance with Section A, Subpart I, of Annex I (Part 21) or, as applicable, Section A, Subpart I, of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012; (12) maintenance has been released in accordance with any of the following: (i) the applicable requirements of this Regulation, for the period during which the aircraft is within the scope of this Regulation; (ii) the appropriate airworthiness requirements of the State which was responsible for the oversight of the aircraft for the period during which the aircraft was not within the scope of this Regulation. If there is evidence or reason to believe that maintenance in the period referred to in the first paragraph, point (ii), has been inadequate, the airworthiness review staff shall ensure that appropriate actions are taken. (c) Through the physical survey of the aircraft, the airworthiness review staff shall be satisfied that: (1) the required markings and placards are properly installed and meet the requirements set out in point 21.A.175 of Annex I (Part 21) or, as applicable, point 21L.A.144(a) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012; (2) the aircraft complies with its approved flight manual; (3) the aircraft configuration complies with the documentation; (4) no evident defect can be found that has not been addressed in accordance with point ML.A.403; (5) no inconsistencies can be found between the aircraft and the documented review of records as referred to in point (b). (d) For the physical survey, airworthiness review staff not qualified as certifying staff on the specific aircraft subject to the airworthiness review shall be assisted by such qualified personnel. (e) The airworthiness review shall be planned and carried out in such a manner that the time elapsed between the review of the aircraft continuing airworthiness records and their corresponding verification during physical survey shall be as short as possible. (f) If for any reason an airworthiness review cannot be completed, the person or organisation carrying out the airworthiness review shall inform the competent authority of the Member State of registry as soon as possible. (g) The ARC shall not be issued until all actions to eliminate the detected non-compliance have been implemented. (h) The details and the outcome of an airworthiness review shall be recorded in an airworthiness review report. (i) The effectiveness of the AMP may be reviewed in conjunction with the airworthiness review in accordance with point ML.A.302(c)(9). That review shall be completed by the person who carried out 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 carrying out the review shall inform the competent authority of the Member State of registry if he or she 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 referred to in point ML.B.907 and, if necessary, reacting in accordance with point ML.B.304.’; (4) point ML.A.904 is amended as follows: (a) the title is replaced by the following: ‘ML.A.904 Airworthiness review staff ’; (b) points (a), (b) and (c) are replaced by the following: ‘(a) Airworthiness review staff acting on behalf of the competent authority shall be qualified in accordance with point ML.B.901(c). (b) Airworthiness review staff acting on behalf of an organisation referred to in Annex II (Part-145), Annex Vc (Part-CAMO) or Annex Vd (Part CAO) shall be qualified in accordance with 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(c)(4), shall: (1) hold a licence issued in accordance with Annex III (Part-66) rated for the corresponding aircraft; and (2) hold an authorisation issued by the competent authority that issued the licence in accordance with Annex III (Part-66).’; (5) points ML.A.905, ML.A.906 and ML.A.907 are replaced by the following: ‘ML.A.905 Transfer of aircraft registration within the Union (a) When transferring within the Union an aircraft registration of an aircraft that has, at the time of application, an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012, the applicant shall: (1) first, notify the competent authority of the Member State of registry where the aircraft is registered of the name of the Member State in which the aircraft will be registered; (2) subsequently, apply to the competent authority of the new Member State of registry for the issuance of a new airworthiness certificate in accordance with point 21.A.174(b)(3)(i) of Annex I (Part 21) or, as applicable, point 21L.A.143(e) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012. (b) At the time of the application to the new Member State of registry: (1) if the ARC is valid, it shall: (i) remain valid until its expiry date, unless the conditions set out in point ML.A.902(c) are met; (ii) be amended with the new nationality and registration marks by the competent authority of the new Member State of registry; (2) if the ARC is either invalid or becomes invalid during the transfer process, the applicant shall take one of the following steps: (i) ensure that the validity of the ARC is restored; (ii) ensure obtaining a new ARC in accordance with point ML.A.901. ML.A.906 Airworthiness review of aircraft without an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012 (a) When applying for an airworthiness certificate for aircraft not having an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012 at the time of the application, 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) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012; (2) for aircraft other than new, have an airworthiness review carried out and completed satisfactorily in accordance with point ML.A.903; (3) have all maintenance carried out to comply with the AMP approved in accordance with point ML.A.302; (4) if the former airworthiness certificate was issued in accordance with Regulation (EU) No 748/2012, but it was revoked or surrendered, notify the competent authority that issued the former airworthiness certificate, if different, of the name of the Member State in which the aircraft will be registered. (b) If the aircraft complies with the relevant requirements, the competent authority, the CAMO or CAO, the maintenance organisation or the independent certifying staff carrying out the airworthiness review, as provided for in point ML.A.901(c), shall issue an ARC. (c) In the case that an evaluation programme is required in accordance with point 21.A.174(b)(3)(ii)(G)(b) or point 21.A.174(d) of Annex I (Part 21) or, as applicable, point 21L.A.143(f)(6)(b) or point 21L.A.143(h) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012, the evaluation report referred to in point 21.A.174(d)(4) of Annex I (Part 21) or 21L.A.143(h)(4) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 shall be taken into consideration by the person, competent authority or organisation carrying out the airworthiness review. The evaluation report shall be submitted together with a copy of the ARC issued as required by point ML.A.901(i) of this Annex, unless the airworthiness review is carried out by the competent authority. ML.A.907 Findings Following receipt of the notification of findings from the competent authority in accordance with point ML.B.907, the person or organisation responsible for the continuing airworthiness of the aircraft pursuant to point ML.A.201 shall establish a corrective action plan including corrections and corrective actions and, within the agreed period, demonstrate the implementation of the correction to the competent authority.’; (6) in point ML.B.104, the following point (e) is added: ‘(e) The competent authority shall maintain records of all airworthiness review staff for 3 years after that staff have left the competent authority. Those records shall include details of any appropriate qualification held together with a summary of relevant continuing airworthiness management experience and training.’; (7) the following point ML.B.202 is added: ‘ML.B.202 Information to the Agency (a) The competent authority of the Member State shall notify the Agency in case of any significant problems with the implementation of Regulation (EU) 2018/1139 and its delegated and implementing acts within 30 days from the time the authority became aware of the problems. (b) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, the competent authority shall provide the Agency as soon as possible with any safety-significant information stemming from the occurrence reports stored in the national database pursuant to Article 6(6) of Regulation (EU) No 376/2014.’; (8) in point ML.B.303, point (d) is replaced by the following: ‘(d) Any findings identified shall be categorised in accordance with point ML.B.907 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.’; (9) point ML.B.304 is replaced by the following: ‘ML.B.304 Revocation and suspension (a) The competent authority shall: (1) suspend an ARC on reasonable grounds in the case of a potential safety threat; or (2) suspend or revoke an ARC pursuant to point ML.B.907(c), second paragraph. (b) The competent authority that issued the airworthiness review authorisation pursuant to point ML.A.904(c) for independent certifying staff shall revoke such authorisation if the holder shows poor performance of the airworthiness review or uses such authorisation in an inappropriate manner.’; (10) the following point ML.B.901 is inserted: ‘ML.B.901 Airworthiness review certificate issued by the competent authority (a) The competent authority shall issue an ARC using the template in Appendix IV (EASA Form 15c) in one of the following cases: (1) after a satisfactory completion of the airworthiness review by that competent authority in accordance with point ML.A.903; (2) in the case of a new aircraft. (b) The competent authority shall carry out the airworthiness review in accordance with point ML.A.903 whenever circumstances reveal the existence of a potential safety threat. (c) The competent authority shall have appropriate airworthiness review staff to carry out the airworthiness reviews. Such staff shall have: (1) acquired at least 3 years of experience in continuing airworthiness; (2) acquired either an appropriate licence in compliance with Annex III (Part-66), or an aeronautical degree or national equivalent; (3) received appropriate aeronautical maintenance training. The requirement laid down in the first paragraph, point (2), may be replaced by 4 years of experience in continuing airworthiness additional to those already required by the first paragraph, point (1).’; (11) points ML.B.902 and ML.B.903 are deleted; (12) the following points ML.B.905, ML.B.906 and ML.B.907 are added: ‘ML.B.905 Transfer of aircraft registration within the Union (a) Upon receipt of a notification of aircraft transfer between the Member States in accordance with point ML.A.905: (1) the competent authority of the Member State where the aircraft is currently registered shall inform the competent authority of the Member State where the aircraft will be registered of any known problems with the aircraft being transferred; (2) the competent authority of the Member State where the aircraft will be registered shall ensure that the competent authority of the Member State where the aircraft is currently registered has been properly notified about the transfer. (b) The competent authority of the new Member State of registry shall amend the existing ARC as specified in point ML.A.905(b)(1)(ii) or issue a new ARC in accordance with point ML.B.901(a)(1). ML.B.906 Airworthiness review of aircraft without an airworthiness certificate issued in accordance with Regulation (EU) No 748/2012 In the case of an application for an airworthiness certificate in accordance with point ML.A.906(a), if the former airworthiness certificate was issued in accordance with Regulation (EU) No 748/2012, but it was revoked or surrendered: (a) upon receipt of a notification in accordance with point ML.A.906(a)(4), the competent authority of the Member State that issued the former airworthiness certificate shall inform, if different, the competent authority of the Member State where the aircraft will be registered of any known problems with the aircraft; (b) the competent authority of the Member State where the aircraft will be registered shall ensure, if different, that the competent authority of the Member State that issued the former airworthiness certificate has been properly notified. ML.B.907 Findings (a) A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of this Annex, which lowers safety or seriously endangers flight safety. (b) A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the applicable requirements of this Annex, which is not classified as a level 1 finding. (c) If during aircraft surveys or by other means evidence is found showing non-compliance with requirements of this Annex, the competent authority shall require appropriate correction of the non-compliance to be implemented: (1) for level 1 findings, before further flight; (2) for level 2 findings, within a time period accepted or extended by the competent authority. The ARC shall be revoked or suspended if the correction in accordance with the first paragraph, point (1), is not implemented immediately. (d) If the appropriate correction of the non-compliance required under point (c)(2) is not implemented within the time period accepted or extended by the competent authority, the competent authority shall consider raising the level 2 finding to a level 1 finding and if the correction is not implemented immediately, shall revoke or suspend the ARC. (e) When a level 1 finding is raised, the competent authority shall inform, if different and as applicable: (1) the competent authority of the organisation responsible for the aircraft continuing airworthiness pursuant to point ML.A.201; (2) the competent authority of the organisation that issued the current ARC, or the competent authority that issued the authorisation in accordance with point ML.A.904(c)(2), in the case of airworthiness review staff acting on their own behalf.’; (13) in Appendix I, the following point (f) is added: ‘(f) When an owner or operator contracts a CAMO or CAO in accordance with point ML.A.201 of this Annex, the obligations of each party in respect of mandatory and voluntary occurrence reporting in accordance with Regulation (EU) No 376/2014 shall be clearly specified.’; (14) in Appendix IV, Form 15c is replaced by the following: ‘ AIRWORTHINESS REVIEW CERTIFICATE (ARC) (for aircraft complying with Part-ML) ARC reference: … Pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council: [NAME OF THE COMPETENT AUTHORITY] hereby certifies that: ☐ it has performed an airworthiness review, in accordance with point ML.A.903 of Annex Vb to Commission Regulation (EU) No 1321/2014, of the following aircraft: [or] ☐ the following new aircraft: Aircraft manufacturer: … Aircraft manufacturer designation: … Aircraft registration: … Aircraft serial number: … (and) is considered airworthy at the time of the review. Date of issue: … Expiry date: … Airframe flight hours (FHs) on the date of the review (*): … Signed: … Authorisation No (if applicable): … [OR] [NAME OF APPROVED ORGANISATION, ADDRESS and APPROVAL REFERENCE] (**) [or] [FULL NAME OF THE CERTIFYING STAFF AND PART-66 LICENCE NUMBER (OR NATIONAL EQUIVALENT)] (**) hereby certifies that it has performed an airworthiness review, in accordance with point ML.A.903 of Annex Vb to Commission Regulation (EU) No 1321/2014, of the following aircraft: Aircraft manufacturer: … Aircraft manufacturer designation: … Aircraft registration: … Aircraft serial number: … and is considered airworthy at the time of the review. Date of issue: … Expiry date: … Airframe flight hours (FHs) on the date of review (*): … Name and signature: … Authorisation No (if applicable): … ================================================================================= First extension: The Airworthiness Review Certificate has been extended in accordance with point ML.A.902 of Annex Vb (Part-ML) to Regulation (EU) No 1321/2014. Date of issue: … Expiry date: … Airframe flight hours (FHs) on the date of issue (*): … Signed: … Authorisation No: … Name of approved organisation: … Approval reference: … ================================================================================= Second extension: The Airworthiness Review Certificate has been extended in accordance with point ML.A.902 of Annex Vb (Part-ML) to Regulation (EU) No 1321/2014. Date of issue: … Date of expiry: … Airframe flight hours (FH) on the date of issue (*): … Signed: … Authorisation No: … Name of approved organisation: … Approval reference: … (*) Except for balloons and airships. (**) The issuer of the Form may tailor it to their need by deleting the name, the certifying statement, the reference to the subject aircraft and the issuance details that are not relevant for their use. When the Form is issued in a language other than English, it shall include an English translation. EASA Form 15c, Issue 5’.