ANNEX VISupplementary provisions
ANNEX VI Annex Vd (Part-CAO) to Regulation (EU) No 1321/2014 is amended as follows: (1) the table of contents is replaced by the following: ‘CONTENTS CAO.1 General SECTION A — ORGANISATION REQUIREMENTS CAO.A.010 Scope CAO.A.015 Application CAO.A.017 Means of compliance CAO.A.020 Terms of approval CAO.A.025 Combined airworthiness exposition CAO.A.030 Facilities CAO.A.035 Personnel requirements CAO.A.040 Certifying staff CAO.A.045 Airworthiness review staff CAO.A.050 Components, equipment and tools CAO.A.055 Maintenance data and work orders CAO.A.060 Maintenance standards CAO.A.065 Aircraft certificate of release to service CAO.A.070 Component certificate of release to service CAO.A.075 Continuing airworthiness management CAO.A.080 Continuing airworthiness management data CAO.A.085 Airworthiness review CAO.A.090 Record-keeping CAO.A.095 Privileges of the organisation CAO.A.100 Quality system and organisational review CAO.A.105 Changes to the organisation CAO.A.110 Continued validity CAO.A.115 Findings CAO.A.120 Occurrence reporting SECTION B — AUTHORITY REQUIREMENTS CAO.B.010 Scope CAO.B.017 Means of compliance CAO.B.020 Record-keeping CAO.B.025 Mutual exchange of information CAO.B.030 Responsibilities CAO.B.035 Exemptions CAO.B.040 Application CAO.B.045 Initial certification procedure CAO.B.050 Issuance of the initial certificate CAO.B.055 Continuing oversight CAO.B.060 Findings CAO.B.065 Changes CAO.B.070 Suspension, limitation and revocation CAO.B.075 Information to the Agency Appendix I — Combined airworthiness organisation (CAO) certificate — EASA Form 3-CAO’; (2) in point CAO.A.025(a), point (7) is replaced by the following: ‘(7) a list of airworthiness review staff with their scope of approval, as well as staff authorised to develop an evaluation programme and conduct the corresponding investigation activities, if such staff exist;’; (3) in point CAO.A.045, points (a) and (b) are replaced by the following: ‘(a) In order to be approved to carry out airworthiness reviews and, if applicable, to issue permits to fly, the organisation shall have airworthiness review staff that comply with all the following requirements: (1) they have acquired experience in continuing airworthiness of at least 1 year for sailplanes and balloons and of at least 3 years for all other aircraft; (2) they hold an appropriate licence in compliance with Annex III (Part-66), or an aeronautical degree or national equivalent, or they have acquired experience in continuing airworthiness in addition to that referred to in point (1) of at least 2 years for sailplanes and balloons and at least 4 years for all other aircraft; (3) they have received formal aeronautical maintenance training. (b) Before the organisation issues an airworthiness review authorisation to a candidate, that person shall perform an airworthiness review under the supervision of the competent authority or under the supervision of a person that is already authorised as airworthiness review staff by the organisation, in accordance with a procedure approved by the competent authority. If that airworthiness review under supervision is satisfactory, the competent authority shall formally accept that person to become airworthiness review staff.’; (4) point CAO.A.085 is replaced by the following: ‘CAO.A.085 Airworthiness review The CAO shall carry out any airworthiness reviews in accordance with point M.A.903 of Annex I (Part-M) or point ML.A.903 of Annex Vb (Part-ML), as applicable.’; (5) point CAO.A.090 is amended as follows: (a) point (a) is amended as follows: (i) points (3) and (4) are replaced by the following: ‘(3) a copy of each permit to fly that is issued, and the related documents in accordance with the provisions of point 21.A.5(c)(2) of Annex I (Part 21) or, as applicable, point 21L.A.7(c) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 for a period of 5 years from the date on which the permit to fly was issued. (4) a copy of each airworthiness review certificate and recommendation that are issued, as applicable, together with the airworthiness review report.’; (ii) the following point (5) is added: ‘(5) a copy of each evaluation programme and evaluation report that are issued in accordance with the provisions of point 21.A.174(d) of Annex I (Part 21) or, as applicable, point 21L.A.143(h) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’; (b) point (c) is replaced by the following: ‘(c) The organisation shall retain a copy of all records referred to in points (a)(4) and (a)(5) of this point for a period of 3 years after the continuing airworthiness management of the aircraft in accordance with point M.A.201 of Annex I (Part-M) or point ML.A.201 of Annex Vb (Part-ML), as applicable, has been transferred to another person or organisation. If the organisation issuing the airworthiness review certificate, recommendation, evaluation programme/report or permit to fly is different from the organisation managing the continuing airworthiness of the aircraft, the issuing organisation shall retain a copy of all records referred to in points (a)(3), (a)(4) and (a)(5) and all supporting documents for a period of 5 years from the date on which the airworthiness review certificate, recommendation, evaluation programme/report or permit to fly was issued.’; (c) point (f) is replaced by the following: ‘(f) When the continuing airworthiness management of an aircraft is transferred to another organisation or person, all the records retained under points (a)(2) to (a)(5) shall be transferred to that organisation or person. From the moment of the transfer, point (c) shall apply to that organisation or person.’; (d) in point (g), point (2) is replaced by the following: ‘(2) the records referred to in point (a)(2) to (a)(5) shall be transferred to the owner of the aircraft.’; (6) point CAO.A.095 is amended as follows: (a) in point (b), point (4) is replaced by the following: ‘(4) Extend the validity of an existing airworthiness review certificate in accordance with point M.A.902(a) of Annex I (Part-M) or point ML.A.902(a) of Annex Vb (Part-ML), as applicable, subject to the conditions set out in point M.A.902(b) of Annex I (Part-M) or point ML.A.902(b) of Annex Vb (Part-ML), as applicable.’; (b) in point (c), point (1) is replaced by the following: ‘(1) A CAO with its principal place of business in a Member State, the approval of which includes the privileges referred to in point (b) of this point, may be approved to carry out airworthiness reviews in accordance with point M.A.903 of Annex I (Part-M) or point ML.A.903 of Annex Vb (Part-ML), as applicable, and: (i) issue the related airworthiness review certificate under the conditions set out in point M.A.901(b)(1) of Annex I (Part-M) or in accordance with point ML.A.901(b) of Annex Vb (Part-ML), as applicable; (ii) issue a recommendation for the issuance of an airworthiness review certificate to the competent authority of the Member State of registry, under the conditions set out in point M.A.901(b)(2) of Annex I (Part-M).’; (c) in point (c), the following point (3) is added: ‘(3) A CAO holding the privileges referred to in point (1) or point (2) may additionally, for the aircraft for which the organisation is approved to carry out the airworthiness review, and subject to an adequate procedure in the CAE referred to in point CAO.A.025, be approved to: (i) develop an evaluation programme in accordance with point 21.A.174(d)(3) of Annex I (Part 21) or, as applicable, point 21L.A.143(h)(3) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012; (ii) conduct the investigations activities proposed in the evaluation programme and issue the evaluation report in accordance with point 21.A.174(d)(4) of Annex I (Part 21) or, as applicable, point 21L.A.143(h)(4) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012. Tasks referred to in the first paragraph, points (i) and (ii), shall be performed by staff who are approved to carry out airworthiness review for that aircraft.’; (d) point (d) is replaced by the following: ‘(d) Permit to fly A CAO with its principal place of business in one of the Member States, the approval of which includes the privileges referred to in point (c)(1) or point (c)(2) of this point, may be approved to issue a permit to fly in accordance with point 21.A.711(d) of Annex I (Part 21) to Regulation (EU) No 748/2012 for those aircraft for which the CAO can issue the airworthiness review certificate when it attests conformity with the approved flight conditions, subject to an adequate procedure in the CAE referred to in point CAO.A.025 of this Annex. In addition, in the case of aircraft above 2 730 kg MTOM, that permit to fly may be issued provided that: (i) the conditions referred to in points M.A.902(b)(1) and M.A.902(b)(2) of Annex I (Part-M) are met; (ii) the continuing airworthiness of the aircraft is managed by the CAO issuing the permit to fly.’; (7) the following point CAO.A.120 is inserted: ‘CAO.A.120 Occurrence reporting (a) The organisation shall establish and maintain an occurrence reporting system, including mandatory and voluntary reporting. For organisations that have their principal place of business in a Member State, a single system may be established to meet the requirements of Regulation (EU) No 376/2014 and its delegated and implementing acts and of Regulation (EU) 2018/1139 and its delegated and implementing acts. (b) The organisation shall report to its competent authority and to the organisation responsible for the design of the aircraft or component any safety-related event or condition of an aircraft or component identified by the organisation which endangers or, if not corrected or addressed, could endanger an aircraft, its occupants or any other person, and in particular any accident or serious incident. (c) The organisation shall also report any such event or condition that affects an aircraft or component, as applicable: (1) to the owner or operator of that aircraft, when such event or condition was identified while managing the continuing airworthiness in accordance with point M.A.201 of Annex I (Part-M) or point ML.A.201 of Annex Vb (Part-ML), as applicable; (2) to the person or organisation that is responsible for the continuing airworthiness of that aircraft in accordance with point M.A.201 of Annex I (Part-M) or point ML.A.201 of Annex Vb (Part-ML), as applicable, when such event or condition was identified while carrying out continuing airworthiness activities requested by that person or organisation; (3) to the person or organisation that requested the component maintenance, if different from point (2), when such event or condition was identified while carrying out component maintenance. (d) For organisations that do not have their principal place of business in a Member State: (1) the initial mandatory report shall: (i) appropriately safeguard the confidentiality of the identity of the reporter and of the persons mentioned in the report; (ii) be made as soon as practicable, but in any case, within 72 hours after the organisation has become aware of the occurrence unless exceptional circumstances prevent that; (iii) be made in a form and manner established by the competent authority; (iv) contain all pertinent information about the condition known to the organisation; (2) where relevant, a follow-up report that provides details of the actions that the organisation intends to take to prevent similar occurrences in the future shall be made as soon as those actions have been identified; those follow-up reports shall: (i) be sent to the entities referred to in points (b) and (c) to which the initial report was sent; (ii) be made in a form and manner established by the competent authority.’; (8) the following point CAO.B.075 is added: ‘CAO.B.075 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.’.