The Aviation Safety (Amendment) Regulations 2023 No. 588

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Statutory Instruments

2023 No. 588

Civil Aviation

The Aviation Safety (Amendment) Regulations 2023

Made

at 12.00 p.m. on 30th May 2023

Laid before Parliament

at 2.30 p.m. on 30th May 2023

Coming into force

Regulations 1, 2, 5, 6(1), 6(3)(a), (c) and (f), 6(4)(a), (c) and (d), 6(8)(a), (c)(i) and (e)(i), 6(9)(j)(ii), 6(11)(a) to (c), 6(13)(a), 8 to 13, 15(1) and (2), 16, 17(1), (2)(a) and (3), 18, 20, 21, 22(1) and (17), 25 to 28, 29(1) and (5) and 30 to 33

21st June 2023

Remainder

1st July 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 17(1), 19(1), 23(1), 27(1), 62(14) and 127(3) of Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation( 1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Aviation Safety (Amendment) Regulations 2023.

(2) This regulation and regulations 2, 5, 6(1), 6(3)(a), (c) and (f), 6(4)(a), (c) and (d), 6(8)(a), (c)(i) and (e)(i), 6(9)(j)(ii), 6(11)(a) to (c), 6(13)(a), 8 to 13, 15(1) and (2), 16, 17(1), (2)(a) and (3), 18, 20, 21, 22(1) and (17), 25 to 28, 29(1) and (5) and 30 to 33 come into force on 21st June 2023.

(3) All other provisions of these Regulations come into force on 1st July 2024.

(4) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Commission Regulation (EU) No 748/2012 (initial airworthiness)

2.   Commission Regulation (EU) No 748/2012of 3rd August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations( 2), is amended in accordance with regulations 3 to 11.

Amendment of Article 8 of Commission Regulation (EU) No 748/2012

3.  In Article 8 (design organisations), after paragraph 3 insert—

4.   By way of derogation from points 21.B.433(d)(1) and (2) of Annex I (Part 21), a design organisation that holds a valid approval certificate issued in accordance with Annex I (Part 21) must correct any findings of non-compliance related to the implementation of the SMS requirements before 1 July 2026.

5.   On or after 1 July 2026, where a design organisation has not corrected any findings of non-compliance related to the implementation of the safety management requirements, that organisation’s approval certificate must be either revoked, limited or suspended in whole or part, dependent on the severity of the non-compliance. .

Amendment of Article 9 of Commission Regulation (EU) No 748/2012

4.  In Article 9 (production organisations)—

(a) in paragraph 1, after “(Part 21).” insert “This demonstration of capability is not required for the parts or appliances that an organisation manufactures which, in accordance with the provisions of Annex I (Part 21), are eligible for installation in a type-certified product without the need to be accompanied by an authorised release certificate (CAA Form 1).”;

(b) after paragraph 4 insert—

5.   By way of derogation from points 21.B.125(e) and 21.B.225(e) of Annex I (Part 21), a production organisation that holds a valid approval certificate issued in accordance with Annex I (Part 21) must correct any findings of non-compliance related to the implementation of the SMS requirements before 1 July 2026.

6.   On or after 1 July 2026, where a production organisation has not corrected any findings of non-compliance related to the implementation of the safety management requirements, that organisation’s approval certificate must be either revoked, limited or suspended in whole or part, dependent on the severity of the non-compliance. .

Amendment of Annex I to Commission Regulation (EU) No 748/2012

5.  Annex I (Part 21) (certification of aircraft and related products, parts and appliances, and of design and production organisations) is amended in accordance with regulations 6 to 11.

Amendment of Section A of Annex I to Commission Regulation (EU) No 748/2012

6.—(1) Section A (technical requirements) is amended as follows.

(2) In Subpart A (general provisions), after point 21.A.4 insert—

21.A.5     Record keeping

All persons who hold, or have applied for, a type-certificate, restricted type-certificate, supplemental type-certificate, UKTSO authorisation, design or repair approval, permit to fly, production organisation approval certificate or letter of agreement under this Regulation must:

(a) when they design a product, part or appliance, or a change or repair to a product, part or appliance:

1. establish and maintain a record-keeping system of the design information and data relating to the product, part or appliance;

2. make available to the CAA information on the record-keeping system (including information held on it) that is necessary to ensure the continued airworthiness of the product, part or appliance, the continued validity of the operational suitability data and compliance with the applicable environmental protection requirements;

(b) when they produce a product, part or appliance:

1. record the details of the production process relevant to the conformity of the product, part or appliance with the applicable design data and the requirements imposed on them and their suppliers;

2. make that data available to the CAA in order to provide the information that is necessary to ensure the continued airworthiness of the product, part or appliance;

(c) in respect of permits to fly:

1. maintain the documents produced under point 21.A.708 to establish and justify the flight conditions and make them available to the CAA in order to provide the information that is necessary to ensure the continued airworthiness of the aircraft;

2. where the permit to fly is issued by an organisation that has appropriate approval, maintain the documents associated with it, including inspection records and documents that support the approval of the flight conditions and the issue of the permit to fly itself and make them available to the CAA in order to provide the information that is necessary to ensure the continued airworthiness of the aircraft;

(d) retain records of the competence and qualifications, referred to in points 21.A.139(c), 21.A.145(c), 21.A.239(c), 21.A.245(a) and 21.A.245(e)(1), of the personnel that are involved in the following functions:

1. design or production;

2. independent monitoring of the compliance of the organisation with the relevant requirements;

3. safety management;

(e) retain records of the authorisation of personnel, in respect of employed personnel that:

1. exercise the privileges of the approved organisation pursuant to point 21.A.163 or 21.A.263, or both, as appropriate;

2. carry out the independent function to monitor the compliance of the organisation with the relevant requirements pursuant to point 21.A.139(e) or 21.A.239(e), or both, as appropriate;

3. carry out the independent verification function of the demonstration of compliance pursuant to point 21.A.239(d)(2).

21.A.6     Manuals

The holder of a type-certificate, restricted type-certificate, or supplemental type-certificate must produce, maintain and update master copies of all manuals, or variations in the manuals, required by the applicable type-certification basis, the applicable operational suitability data certification basis and the environmental protection requirements for the product or article, and provide copies, on request, to the CAA.

21.A.7     Instructions for continued airworthiness

(a) The holder of a type-certificate, restricted type-certificate, or supplemental type-certificate, design change or repair design approval must develop or reference the instructions which are necessary for ensuring that the airworthiness standard related to the product and any associated part is maintained throughout the operational life of the product, when demonstrating compliance with the applicable type-certification basis established and notified by the CAA in accordance with point 21.B.80.

(b) At least one set of complete instructions for continued airworthiness must be provided by the holder of:

1. a type-certificate or restricted type-certificate to each known owner of one or more products upon delivery of that product or products, or upon the issuance of the first certificate of airworthiness or restricted certificate of airworthiness for the affected aircraft, whichever occurs later;

2. a supplemental type-certificate or design change approval to all known operators of the product affected by the change upon the release to service of the modified product;

3. a repair design approval to all known operators of the product affected by the repair upon the release to service of the product in which the repair design is embodied. The repaired product, part or appliance may, if the CAA agrees, be released into service before the related instructions for continued airworthiness have been completed, but this must be for a limited service period agreed by the CAA.

(c) After that, any other person required to comply with those design approval holders’ instructions must be provided with them on request.

(d) By way of derogation from point (b), the type-certificate holder or restricted type-certificate holder may delay the availability of a part of the instructions for continued airworthiness, dealing with long lead accomplishment instructions of a scheduled nature, until after the product or modified product has entered into service, but must make those instructions available before the use of the instructions is required for the product or modified product.

(e) The design approval holder, who is required to provide instructions for continued airworthiness in accordance with point (b), must also make available changes to those instructions to all known operators of the product affected by the change and, on request, to any other person required to comply with those changes. On request, that design approval holder must demonstrate to the CAA the adequacy of the process for making changes to the instructions for continued airworthiness available in accordance with this point.

21.A.8     Access and investigation

Any person that holds, or has applied for, a type-certificate, restricted type-certificate, supplemental type-certificate, UKTSO authorisation, design change or repair approval, certificate of airworthiness, noise certificate, permit to fly, design organisation approval, production organisation approval certificate or letter of agreement under this Regulation, must:

(a) grant the CAA access to any facility, product, part or appliance, document, record, data, process, procedure or to any other material in order to review any report, make any inspection, or perform or witness any flight and ground test, as necessary, in order to verify the initial and continued compliance of the organisation with the applicable requirements of Regulation (EU) 2018/1139;

(b) make arrangements to ensure the CAA has access, as provided for in point (a), and has access to the facilities of the person’s suppliers and subcontractors. .

(3) In Subpart B (type-certificates and restricted type-certificates)—

(a) in point 21.A.15—

(i) in point (b), after “the initial application” insert “by”;

(ii) in point (d), after “the initial application” insert “by”;

(b) in point 21.A.41, after “the operating limitations,” insert “the instructions for continued airworthiness,”;

(c) for point 21.A.44(a) substitute—

(a) undertake the obligations laid down in points 21.A.3A to 21.A.8, 21.A.62 and 21.A.65 and, for this purpose, must continue to meet the qualification requirements for eligibility under point 21.A.13; ;

(d) for point 21.A.47 (including the heading) substitute—

21.A.47     Transferability

The transfer of a type-certificate, a restricted type-certificate or a UKTSO authorisation for an auxiliary power unit may only be made to a person that is able to undertake the obligations laid down in point 21.A.44, and, for this purpose, has demonstrated its capability in accordance with point 21.A.14. ;

(e) omit points 21.A.55, 21.A.57 and 21.A.61;

(f) after point 21.A.62 (availability of operational suitability data) insert—

21.A.65     Continuing structural integrity for aeroplane structures

The holder of a type-certificate or restricted type-certificate for a large aeroplane must ensure that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane, taking into account service experiences and current operations. .

(4) In Subpart D (changes to type-certificates and restricted type-certificates)—

(a) in point 21.A.90B(a)(2), for “continuing” substitute “continued”;

(b) after point 21.A.90B, insert—

21.A.90C     Stand-alone changes to the instructions for continued airworthiness

(a) Stand-alone changes to the instructions for continued airworthiness (“stand-alone changes”) are changes that are not directly prepared as a result of a change to the type design or repairs design.

(b) Stand-alone changes can only be made by the holder of the design approval for which instructions for continued airworthiness have been established.

(c) Points 21.A.91 to 21.A.109 do not apply to stand-alone changes that:

1. do not affect the airworthiness limitations section of the instructions for continued airworthiness, and

2. do not require the design approval holder to perform any additional demonstration of compliance with the certification basis.

(d) Stand-alone changes referred to in point (c) must be approved by the design approval holder under procedures agreed with the CAA. ;

(c) in point 21.A.93—

(i) in point (b), after “the initial application” insert “by”;

(ii) in point (c)(2), in the last sentence, for “any other change” substitute “a change to any other”;

(d) in point 21.A.101, after point (b) insert—

(ba) The derogation in point (b) does not apply to large aeroplanes subject to point 26.300 of Annex I to Commission Regulation (EU) 2015/640( 8) . For those large aeroplanes, the applicant must comply with certification specifications that provide at least an equivalent level of safety to points 26.300 and 26.330 of Annex I to Regulation (EU) 2015/640, except for applicants for supplemental type-certificates who are not required to take into account point 26.303. ;

(e) omit points 21.A.105 and 21.A.107;

(f) in point 21.A.109(a), for “21.A.4, 21.A.105, 21.A.107” substitute “21.A.4 to 21.A.8”.

(5) In Subpart E (supplemental type-certificates)—

(a) in point 21.A.118A(a)(1), for “21.A.3A, 21.A.3B, 21.A.4, 21.A.105, 21.A.119, 29.A.120A” substitute “21.A.3A to 21.A.8”;

(b) omit points 21.A.119 and 21.A.120A.

(6) In Subpart F (production without production organisation approval)—

(a) after point 21.A.124 insert—

21.A.124A     Means of compliance

(a) An organisation may, with prior approval from the CAA, use alternative means of compliance to establish compliance with this Regulation.

(b) To obtain prior approval, referred to in point (a), an organisation must provide the CAA with a full explanation indicating how compliance with this Regulation is to be achieved, including any revisions to manuals or procedures. ;

(b) for point 21.A.125B (including the heading) substitute—

21.A.125B     Findings and observations

(a) After receipt of the notification of findings pursuant to point 21.B.125, the holder of a letter of agreement must, within the period agreed with the CAA:

1. identify the root cause of, and any contributing factors to, the non-compliance;

2. submit to the CAA a corrective action plan;

3. demonstrate the implementation of the corrective action plan to the satisfaction of the CAA.

(b) Where observations are received pursuant to point 21.B.125(f), the holder of a letter of agreement must give due consideration to the observations received and must keep a record of the decisions taken in respect of those observations. ;

(c) for point 21.A.125C(a) substitute—

(a) The letter of agreement must state the period of time for which it is issued, which must not exceed one year. It remains valid subject to the following conditions:

1. the production organisation continues to comply with the applicable requirements of this Annex;

2. the production organisation, and its suppliers and contractors as appropriate, permit the CAA to carry out investigations in accordance with point 21.A.8;

3. the production organisation provides the CAA with evidence showing it maintains satisfactory control of the manufacture of products, parts and appliances under the letter of agreement;

4. the letter of agreement has not been revoked by the CAA under point 21.B.65 or surrendered by the production organisation, and its duration has not expired. ;

(d) in point 21.A.126(b)(5), for “because of departures from design data” substitute “because of deviations from design data”;

(e) omit point 21.A.126(b)(6).

(7) In Subpart G (production organisation approval)—

(a) after point 21.A.134 insert—

21.A.134A     Means of compliance

(a) An organisation may, with prior approval from the CAA, use alternative means of compliance to establish compliance with this Regulation.

(b) To obtain prior approval, referred to in point (a), an organisation must provide the CAA with a full explanation indicating how compliance with this Regulation is to be achieved, including details of any revisions to manuals or procedures. ;

(b) for point 21.A.139 (including the heading) substitute—

21.A.139     Production management system

(a) The production organisation must establish, implement and maintain a production management system that includes a safety management element and a quality management element, with clearly defined accountability and lines of responsibility throughout the organisation.

(b) The production management system must:

1. correspond to the size of the organisation, and to the nature and complexity of its activities, taking into account the hazards and associated risks inherent in those activities;

2. be established, implemented and maintained under the direct accountability of a single manager appointed pursuant to point 21.A.145(c)(1).

(c) As part of the safety management element of the production management system, the production organisation must:

1. establish, implement and maintain a safety policy and the corresponding related safety objectives;

2. appoint key safety personnel in accordance with point 21.A.145(c)(2);

3. establish, implement and maintain a safety risk management process to identify safety hazards entailed by its aviation activities, evaluate them and manage associated risks, including taking actions to mitigate the risks and verify their effectiveness;

4. establish, implement and maintain a safety assurance process that includes:

(i) the measurement and monitoring of the organisation’s safety performance;

(ii) the management of changes in accordance with point 21.A.147;

(iii) the principles for the continuous improvement of the safety management element;

5. promote safety in the organisation through:

(i) training and education;

(ii) communication;

6. establish an occurrence reporting system in accordance with point 21.A.3A in order to contribute to the continuous improvement of safety.

(d) As part of the quality management element of the production management system, the production organisation must:

1. ensure that each product, part or appliance produced by the organisation or by its partner, or supplied from or subcontracted to outside parties, conforms to the applicable design data and is in condition for safe operation, thus enabling the exercise of the privileges set out in point 21.A.163;

2. establish, implement and maintain, as appropriate, within the scope of the approval, control procedures for:

(i) document issue, approval or change;

(ii) vendor and subcontractor assessment audit and control;

(iii) verification that incoming products, parts, materials and equipment, including items supplied new or used by buyers of products, are as specified in the applicable design data;

(iv) identification and traceability;

(v) manufacturing processes;

(vi) inspection and testing, including production flight tests;

(vii) calibration of tools, jigs and test equipment;

(viii) non-conforming item control;

(ix) airworthiness coordination with the applicant for, or holder of, the design approval;

(x) records completion and retention;

(xi) personnel competence and qualification;

(xii) issue of airworthiness release documents;

(xiii) handling, storage and packing;

(xiv) internal quality audits and resulting corrective actions;

(xv) work within the terms of approval performed at any location other than the approved facilities;

(xvi) work carried out after completion of production but prior to delivery, to maintain the aircraft in a condition for safe operation;

(xvii) issue of permit to fly and approval or associated flight conditions;

3. include specific provisions in the control procedures for any critical parts.

(e) The production organisation must establish, as part of the production management system, an independent monitoring function to verify compliance of the organisation with the relevant requirements of this Annex as well as compliance with, and adequacy of, the production management system. Monitoring must include feedback to the person referred to in point 21.A.145(c)(2) and to the manager referred to in point 21.A.145(c)(1) to ensure, where necessary, the implementation of corrective action.

(f) If the production organisation holds one or more additional organisation certificates within the scope of Regulation (EU) 2018/1139, the production management system may be integrated with that required under the additional certificate held. ;

(c) in point 21.A.143—

(i) for the first paragraph of point (a) substitute—

(a) The production organisation must establish and maintain a production organisation exposition (“ POE ”) that provides directly or by cross-reference the following information related to the production management system as described in point 21.A.139: ;

(ii) in point (a)(3), after “21.A.145(c)(2)” insert “and 21.A.145(c)(4)”;

(iii) in point (a)(4), substitute “21.A.145(c)(1) and (2) with “21.A.145(c)(1), (2) and (4).”;

(iv) for point (a)(11) substitute—

11.   a description of the production management system and the policy, processes and procedures as provided for in point 21.A.139(c); ;

(v) in point (a)(12), for “21.A.139(a)” substitute “21.A.139(d)(1)”;

(vi) for point (b) substitute—

(b) The initial issue of the POE must be approved by the CAA.

(c) The POE must be amended as necessary so that it remains an up-to-date description of the organisation. Copies of any amendments must be supplied to the CAA. ;

(d) in point 21.A.145—

(i) for the words before point (a), substitute “The production organisation must demonstrate that:”;

(ii) in point (a)—

(aa) for “with regard to general approval requirements,” substitute “the”;

(bb) for “discharge obligations” substitute “discharge its obligations”;

(iii) in point (b)—

(aa) for “environmental data”, in both places it occurs, substitute “environmental protection data”;

(bb) for point (1) substitute—

1.   the production organisation holds all data it needs to determine conformity with the applicable design data. Such data may originate from the CAA and from the holder of, or applicant for, the type-certificate, restricted type-certificate or design approval, and may include any exemption granted from the environmental protection requirements; ;

(iv) in point (c)—

(aa) for points (1) and (2) substitute—

1.   an accountable manager has been appointed by the production organisation with the authority to ensure that, within the organisation, all production is performed to the required standards and that the production organisation is continuously in compliance with the requirements of the production management system referred to in point 21.A.139, and the date and procedures identified in the POE referred to in point 21.A.143;

2.   a person has been nominated by the accountable manager to ensure that the organisation is in compliance with the requirements of this Annex, and is identified, together with the extent of their authority;

4.   the person nominated for the purpose of point (2) must be:

(i) responsible to, and have direct access to, the accountable manager appointed under point (1); and

(ii) have appropriate knowledge, background and experience to discharge their responsibilities.”;

(bb) in point (c)(3), after “environmental” insert “protection ;

(v) in point (d)—

(aa) in the words before point (1), for “under the scope or terms of approval” substitute “within the scope of the terms of approval”;

(bb) for points (1) to (3) substitute—

1.   they have appropriate knowledge, background, including that gained through undertaking other functions in the organisation, and experience to discharge their allocated responsibilities;

2.   they are provided with evidence of the scope of their authorisation. ;

(e) omit point 21.A.157;

(f) for points 21.A.158 and 21.A.159 (in each case, including the heading) substitute—

21.A.158     Findings and observations

(a) After receipt of the notification of findings under 21.B.225(e), the holder of the production organisation approval certificate must:

1. identify the root cause of, and contributing factors to, the non-compliance;

2. define a corrective action plan;

3. demonstrate the implementation of the corrective action plan to the satisfaction of the CAA.

(b) The actions referred to in point (a) must be performed within the period agreed with the CAA in accordance with point 21.B.225.

(c) Where the holder of the production organisation approval certificate receives a notice of observations from the CAA pursuant to point 21.B.225(f), the holder of the production organisation approval certificate must give due consideration to the observations made and must keep a record of the decisions taken in respect of those observations.

21.A.159     Duration and continued validity

(a) A production organisation approval certificate must be issued for an unlimited period of time pursuant to point 21.B.220. It is valid from the date of issue and remains valid subject to the following conditions:

1. the production organisation continues to comply with the applicable requirements of Regulation (EU) 2018/1139;

2. the production organisation, and its suppliers or subcontractors, as appropriate, permit the CAA to carry out investigations in accordance with point 21.A.8;

3. the production organisation provides the CAA with evidence showing that it maintains satisfactory control of products, parts and appliances under the approval;

4. the production organisation approval certificate has not been revoked by the CAA under point 21.B.65 or surrendered by the production organisation.

(b) Upon surrender or revocation, the production organisation approval certificate must be returned to the CAA. .

(8) In Subpart H (certificates of airworthiness and restricted certificates of airworthiness)—

(a) in point 21.A.174(b)(3)(ii)—

(i) for “Annex I (Part-M) or” substitute “Annex I (Part-M), or an airworthiness review certificate in accordance with””;

(ii) at the end of the last unnumbered paragraph insert—

,

—the date on which the first certificate of airworthiness was issued and, if the standards of Volume 3 of Annex 16( 3) to the Chicago Convention( 4) apply, the CO2 metric value data ;

(b) omit point 21.A.180;

(c) in point 21.A.181(a)—

(i) for point (1) substitute—

1.   the aircraft continuing to comply with the applicable type design and continued airworthiness requirements; and ;

(ii) for point (4) substitute—

4.   the certificate having not been revoked by the CAA under point 21.B.65 or surrendered by the certificate holder. ;

(d) omit point 21.A.210;

(e) in point 21.A.211(a)—

(i) for point (1) substitute—

1.   the aircraft continuing to comply with the applicable type design and continued airworthiness requirements; and ;

(ii) for point (4) substitute—

4.   the certificate having not been revoked by the CAA under point 21.B.65 or surrendered by the certificate holder. .

(9) In Subpart J (design organisation approval)—

(a) for point 21.A.239 (including the heading) substitute—

21.A.239     Design management system

(a) The design organisation must establish, implement and maintain a design management system that includes a safety management element and a design assurance element with clearly defined accountability and lines of responsibility throughout the organisation.

(b) The design management system must:

1. correspond to the size of the organisation and to the nature and complexity of its activities, taking into account the hazards and associated risks inherent in those activities;

2. be established, implemented and maintained under the accountability of a single manager appointed pursuant to point 21.A.245(a).

(c) As part of the safety management element of the design management system, the design organisation must:

1. establish, implement and maintain a safety policy and the corresponding related safety objectives;

2. appoint key safety personnel in accordance with point 21.A.245(b);

3. establish, implement and maintain a safety risk management process that includes the identification of aviation safety hazards entailed by its activities, their evaluation and the management of the associated risks, including taking actions to mitigate the risks and verify their effectiveness;

4. establish, implement and maintain a safety assurance process that includes:

(i) the measurement and monitoring of the organisation’s safety performance;

(ii) the management of changes in accordance with points 21.A.243(c) and 21.A.247;

(iii) the principles for the continuous improvement of the safety management element;

5. promote safety in the organisation through:

(i) training and education;

(ii) communication;

6. establish an occurrence reporting system in accordance with point 21.A.3A in order to contribute to continuous improvement of safety.

(d) As part of the design assurance element of the design management system, the design organisation must:

1. establish, implement, and maintain a system for control and supervision of the design, of design changes and repairs, of products, parts and appliances covered by the terms of approval, which must:

(i) include an airworthiness function responsible for ensuring that the design of products, parts and appliances, or the design changes and repairs, comply with the applicable type-certification basis, the applicable operational suitability data certification basis and the environmental protection requirements;

(ii) ensure that the design organisation properly discharges its responsibilities in accordance with this Annex and with the terms of approval issued under point 21.A.251;

2. establish, implement and maintain an independent verification function on the basis of which the design organisation demonstrates compliance with the applicable airworthiness, operational suitability data and environmental protection requirements;

3. specify the manner in which the design management system accounts for the acceptability of the parts or appliances that are designed or the tasks that are performed by its partners or subcontractors according to the methods which are the subject of written procedures.

(e) The design organisation must establish, as part of the design management system, an independent monitoring function to verify compliance of the organisation with the relevant requirements of this Annex as well as the compliance with, and adequacy of, the design management system. Monitoring must include feedback to the person referred to in point 21.A.245(b) and to the manager referred to in point 21.A.245(a) to ensure, where necessary, the implementation of appropriate corrective action.

(f) If the design organisation holds one or more additional organisation certificates within the scope of Regulation (EU) 2018/1139, the design management system may be integrated with that required under the additional certificate. ;

(b) in point 21.A.243—

(i) for point (a) substitute—

(a) As part of the design management system, the design organisation must create and give to the CAA a handbook that describes, directly or by cross-reference:

(i) the organisation and its relevant policies, processes and procedures;

(ii) the type of design work;

(iii) the categories of products, parts and appliances for which the design organisation holds a design organisation approval,

as identified in the terms of approval issued under point 21.A.251 and, where relevant, the interfaces with and the control of its partners or subcontractors. ;

(ii) in point (b)—

(aa) for “give” substitute “demonstrate”;

(bb) for “21.A.239(b)” substitute “21.A.239(d)(2)”;

(iii) for point (d) substitute—

(d) The design organisation must establish, maintain and supply to the CAA a statement of the qualifications and experience of the management staff and of other persons in the organisation who are responsible for decisions that affect airworthiness, operational suitability data and environmental protection. ;

(c) for point 21.A.245 substitute—

21.A.245     Resources

(a) The design organisation must appoint a head of the design organisation, who is an accountable manager, to ensure that the organisation’s design activities are performed to the required standards and that the design organisation continues to comply with the requirements of the design management system referred to in point 21.A.239 and the procedures specified in the handbook referred to in point 21.A.243.

(b) The head of the design organisation must nominate and determine the extent of the authority of:

1. a head of airworthiness;

2. a head of independent monitoring;

3. depending on the size of the organisation and the nature and complexity of its activities, any other person that is required to ensure that the organisation complies with the requirements of this Annex.

(c) By way of derogation from point 21.A.245(b)(1), the airworthiness function referred to in point 21.A.239(d)(1)(i) may be performed under the direct supervision of the head of the design organisation where:

1. the scope of activities, or work, of the design organisation, as identified in the terms of approval issued under point 21.A.251, is limited to minor changes, minor repairs, or both; or

2. for a limited period of time, which is to be agreed with the CAA, the design organisation does not have a nominated head of airworthiness and the exercise of that function under the direct supervision of the head of the design organisation is commensurate with the scope and level of the organisation’s activities.

(d) The persons nominated pursuant to point (b) must:

1. have direct access to, and be answerable to, the head of the design organisation;

2. have the appropriate knowledge, background and experience to discharge their responsibilities.

(e) The design organisation must ensure that:

1. there are sufficient number of suitably experienced technical department staff with the appropriate authority to discharge their allocated responsibilities and the facilities, equipment and accommodation are adequate to enable those staff to fulfil the airworthiness, operational suitability data and environmental protection requirements as regards the product;

2. there is full and efficient coordination between the departments and within the departments in respect of airworthiness, operational suitability data and environmental protection matters. ;

(d) in the heading to point 21.A.247, for “assurance” substitute “management”;

(e) in point 21.A.247—

(i) for “assurance” substitute “management”;

(ii) after “product,” insert “part or appliance”;

(iii) after “approved by the CAA” insert “before being implemented”;

(f) omit point 21.A.257;

(g) for point 21.A.258 (including the heading) substitute—

21.A.258     Findings and observations

(a) After receipt of a notification of findings in accordance with point 21.B.433, the holder of the design organisation approval must:

1. identify the root cause of, and any contributing factors to, the non-compliance;

2. establish a corrective action plan;

3. demonstrate the implementation of the corrective action plan to the satisfaction of the CAA.

(b) The actions in point (a) must be undertaken within the period set by the CAA in accordance with point 21.B.433.

(c) Where the holder of the design organisation approval certificate receives a notification of observations pursuant to 21.B.433(e), the holder of the design organisation approval certificate must give due consideration to the observations made and must keep a record of decisions taken in respect of those observations. ;

(h) for point 21.A.259 substitute—

(a) The CAA must issue a design organisation approval for an unlimited period of time pursuant to point 21.B.430. It is valid from the date of issue and remains valid subject to compliance with all the following conditions:

1. the design organisation continues to comply with Regulation (EU) 2018/1139, taking into account the provisions of point 21.B.433 of this Annex related to the handling of findings;

2. the holder of the design organisation approval, and its partners and subcontractors as appropriate, acknowledge that the CAA may carry out investigations in accordance with point 21.A.8;

3. the design organisation provides the CAA with evidence showing that the design management system of the organisation maintains satisfactory control and supervision of the design of products, repairs and changes to the products under the approval;

4. the design organisation approval certificate has not been revoked by the CAA under point 21.B.65 or surrendered by the design organisation.

(b) Upon surrender or revocation, the production organisation approval certificate must be returned to the CAA. ;

(i) in point 21.A.263(c)—

(i) for “, as established by the CAA” substitute “issued under point 21.A.251”;

(ii) for “design assurance system” substitute “design management system”;

(j) in point 21.A.265—

(i) for point (c) substitute—

(c) determine that the design of the products, or of the changes or repairs to the products, complies with the applicable type-certification basis, operational suitability data certification basis, and the environmental protection requirements, and has no unsafe features; ;

(ii) in point (h), for “EASA.21J” substitute “CAA.21J”;

(iii) at the end of point (h) insert—

;

(i) comply with Subpart A of this Section. .

(10) In Subpart K (parts and appliances), for point 21.A.307 (including the heading) substitute—

21.A.307     The eligibility of parts and appliances for installation

(a) A part or appliance is eligible for installation in a type-certified product when it is in a condition for safe operation, marked in accordance with Subpart Q and accompanied by an authorised release certificate (CAA Form 1), certifying that the item was manufactured in conformity with approved design data.

(b) By way of derogation from point (a), where the conditions in point (c) are met, the following parts or appliances do not require a CAA Form 1 in order to be eligible for installation in a type-certified product:

1. a standard part;

2. in the case of ELA1 or ELA2, a part or appliance that is:

(i) not life-limited, nor part of the primary structure, nor part of the flight controls;

(ii) identified for installation in the specific aircraft; and

(iii) to be installed in an aircraft whose owner has verified compliance with the applicable conditions in (i) and (ii), and has accepted responsibility for this compliance;

3. a part or appliance for which the consequences of a non-conformity with its approved design data have a negligible safety effect on the product, and which is identified as such by the holder of the design approval in the instructions for continued airworthiness. In order to determine the safety effects of a non-conforming part or appliance, the design approval holder may establish in the instructions for continued airworthiness specific verification activities to be conducted by the installer of the part or appliance on the product;

4. in the case of the embodiment of a standard change in accordance with point 21.A.90B, or a standard repair in accordance with point 21.A.431B, a part or appliance for which the consequences of a non-conformity with its design data have a negligible safety effect on the product, and which is identified as such in the certification specifications for standard changes and standard repairs issued in accordance with point 21.A.90B(a)(2) and 21.A.431B(a)(2). In order to determine the safety effects of a non-conforming part or appliance, specific verification activities to be conducted by the installer of the part or appliance on the product may be established in the certification specifications referred to above;

5. a part or appliance exempted from an airworthiness approval under Commission Regulation (EU) No 965/2012( 9) ; and

6. a part or appliance that is an item of a higher assembly identified in points (1) to (5).

(c) Parts and appliances listed in point (b) are eligible for installation in a type-certified product without being accompanied by a CAA Form 1, provided that the installer holds a document issued by the person or organisation that manufactured the part or appliance, which declares the name of the part or appliance, the part number, and the conformity of the part of appliance with its design data, and which contains the issuance date. .

(11) In Subpart M (repairs)—

(a) in point 21.A.431B(a)(2), for “continuing” substitute “continued”;

(b) in point 21.A.432C(b), after “the initial application” insert “by”;

(c) in point 21.A.433(a)—

(i) after point (3), omit “and”;

(ii) at the end of point (4), insert—

; and

5.   when, for a repair to an aeroplane subject to point 26.302 of Annex I to Regulation (EU) 2015/640, it has been demonstrated that the structural integrity of the repair and affected structure is at least equivalent to the level of structural integrity established for the baseline structure by point 26.302 of Annex I to that Regulation ;

(d) omit points 21.A.447 and 21.A.449;

(e) in point 21.A.451—

(i) in point (a)(1)(i)—

(aa) after “21.A.4,” insert “21.A.5 to 21.A.8,”;

(bb) for “, 21.A.443, 21.A.447 and 21.A.449” substitute “and 21.A.443”;

(ii) in point (b)(1), for “21.A.447 and 21.A.449” substitute “21.A.5 and 21.A.7”.

(12) In Subpart O (United Kingdom Technical Standard Order authorisations)—

(a) in point 21.A.604(a)—

(i) after “derogation from points” insert “21.A.8,”;

(ii) for “21.A.615” substitute “21.A.621”;

(iii) after “21.A.44” insert “21.A.47,”;

(b) in point 21.A.609—

(i) in point (b), for “a current file of complete” to the end, substitute “an updated set of complete technical data and records in accordance with point 21.A.5;”;

(ii) in point (f), for “and 21.A.4;” substitute “, 21.A.4 and 21.A.8;”;

(c) omit points 21.A.613 and 21.A.615;

(d) for point 21.A.619 (including the heading) substitute—

21.A.619     Duration and continued validity

(a) A UKTSO authorisation, issued by the CAA under point 21.B.480, is valid from the date of issue and remains valid for an unlimited period subject to compliance with the following conditions:

1. the conditions set when the UKTSO authorisation was issued continue to be observed by the UKTSO authorisation holder;

2. the obligations specified in point 21.A.609 continue to be discharged by the UKTSO authorisation holder;

3. the UKTSO authorisation holder, and its suppliers and subcontractors as appropriate, acknowledge that the CAA may carry out investigations in accordance with point 21.A.8;

4. in the opinion of the CAA the UKTSO article has not given rise to unacceptable hazards in service;

5. the UKTSO authorisation has not been revoked by the CAA under point 21.B.65 or surrendered by its holder.

(b) Upon surrender or revocation, the UKTSO authorisation must be returned to the CAA. .

(13) In Subpart P (permit to fly)—

(a) in point 21.A.711(d), after “granted in accordance with” insert “point M.A.711 of Annex I (Part-M) of Regulation (EU) No 1321/2014,”;

(b) omit point 21.A.721;

(c) in point 21.A.723(a)—

(i) after “subject to” insert “compliance with all the following conditions”;

(ii) in point (1)—

(aa) for “compliance” substitute “the organisation continues to comply”;

(bb) after “permit to fly” insert “as set out in point 21.A.711(e)”;

(iii) for point (2) substitute—

2.   the holder, and its suppliers or subcontractors as appropriate, acknowledge that the CAA may carry out investigations in accordance with point 21.A.8;

2A.   the permit to fly has not been revoked by the CAA under point 21.B.65 or surrendered by its holder; ;

(d) omit point 21.A.729.

(14) In Subpart Q (identification of products, parts and appliances), in point 21.A.804—

(a) in point (a), in the words before point (1), after “appliance” insert “which is eligible for installation in a type-certified product”;

(b) in point (a)(3), after “UKTSO articles” insert “and for parts and appliances covered under point (b) of point 21.A.307”;

(c) in point (b), after “marked on the part” insert “or appliance”.

Amendment of Section B of Annex I to Commission Regulation (EU) No 748/2012

7.—(1) Section B (procedures for the CAA) is amended as follows.

(2) In Subpart A (general provisions)—

(a) in point 21.B.5—

(i) for point (a) substitute—

(a) This section establishes the conditions for conducting the certification oversight and enforcement tasks as well as the administrative and management system requirements to be complied with by the CAA when exercising its tasks and responsibilities referred to in this Annex. ;

(ii) in point (b), for “Article 19 of Regulation (EC) No 216/2008” substitute “Article 76 Regulation (EU) 2018/1139”;

(b) after point 21.B.5 insert—

21.B.6     Immediate reaction to a safety problem

(a) Without prejudice to Regulation (EU) No 376/2014, the CAA must implement a system to appropriately collect, analyse and disseminate safety information.

(b) Upon analysing the safety information, the CAA must take adequate measures to address any safety problem identified.

(c) The CAA must immediately notify measures taken under point (b) to all persons who need to comply with them under Regulation (EU) 2018/1139. ;

(c) for point 21.B.25 (including the heading) substitute—

21.B.25     Management system

(a) The CAA must establish and maintain a management system, including at least the following:

1. documented policies and procedures to describe the organisation, the means and methods for establishing compliance with Regulation (EU) 2018/1139. Those policies and procedures must be kept up to date, and must serve as the basic working documents within the CAA for all its related tasks;

2. sufficient personnel to perform its tasks and discharge its responsibilities, together with a system to plan the availability of personnel to ensure proper completion of all tasks;

3. qualified personnel that have the necessary knowledge and experience and training to perform their allocated tasks and receive initial and recurrent training to ensure continuing competency;

4. adequate facilities and office accommodation for personnel to perform their allocated tasks;

5. a means of monitoring compliance of the management system with the relevant requirements and the adequacy of the procedures, including an internal audit process and a safety risk management process. This must include a system for feedback of audit findings to the senior management of the CAA to ensure the implementation of corrective actions as necessary;

6. a person with responsibility to the senior management of the CAA for compliance monitoring.

(b) The CAA must, for each field of activity, including the management system, appoint one or more persons with the overall responsibility for the management of the relevant task. ;

(d) for point 21.B.30 (including the heading) substitute—

21.B.30     Allocation of tasks to qualified entities

(a) The CAA may allocate tasks related to the initial certification or to the continuing oversight of products and parts and persons subject to Regulation (EU) 2018/1139 to qualified entities. When allocating tasks, the CAA must:

1. ensure it has a system in place to continuously assess compliance of the qualified entity with Annex VI to Regulation (EU) 2018/1139. That system and the assessment results must be documented;

2. establish a written agreement with the qualified entity, approved by both parties at the appropriate management level, which specifies:

(i) the tasks to be performed;

(ii) the declarations, reports and records to be provided;

(iii) the technical conditions to be met when performing such tasks;

(iv) the related liability coverage;

(v) the protection given to the information acquired when carrying out such tasks.

(b) The CAA must ensure that the internal audit process and the safety risk management process established under point 21.B.25(a)(5) covers all the certification and continuing oversight tasks performed by the qualified entity on its behalf. ;

(e) for point 21.B.35 (including the heading) substitute—

21.B.35     Changes in the management system

(a) The CAA must have a system in place to identify changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139. That system must enable the CAA to take action necessary to ensure that its management system remains adequate and effective.

(b) The CAA must, in a timely manner, update its management system to reflect any changes to Regulation (EU) 2018/1139 to ensure its effective implementation. ;

(f) omit point 21.B.40;

(g) for point 21.B.55 (including the heading) substitute—

21.B.55     Record keeping

(a) The CAA must establish a record-keeping system that allows the adequate storage, accessibility and traceability of:

1. the documented policies and procedures of the management system;

2. personnel training, qualification and authorisation records;

3. allocation of tasks, covering the elements required by point 21.B.30, as well as the details of tasks allocated;

4. certification processes and continuing oversight of certified organisations, including:

(i) the application for a certificate, approval, authorisation and letter of agreement;

(ii) the CAA’s continuing oversight programme, including all the assessments, audits and inspection records;

(iii) the certificates, approvals, authorisations and letters of agreement issued, including any changes to them;

(iv) a copy of the oversight programme, listing the dates when audits are due and when audits were carried out;

(v) copies of all formal correspondence;

(vi) recommendations for the issue or continuation of a certificate, an approval, authorisation or a letter of agreement, details of findings and actions taken by the organisations to close those findings, including the date of closure, enforcement actions and observations;

(vii) any relevant assessment, audit and inspection report issued by the competent authority of a third country;

(viii) copies of any other documents approved by the CAA;

5. Statements of Conformity (CAA Form 52, Appendix VIII) and Authorised Release Certificates (CAA Form 1, Appendix I) that have been validated by the CAA for organisations that produce products, parts or appliances without a production organisation approval certificate according to Subpart F of Section A of this Annex.

(b) The CAA must include in the record keeping:

1. documents supporting the use of alternative means of compliance;

2. safety information in accordance with point 21.B.6(a) and follow-up measures;

3. the use of safeguard and flexibility provisions in accordance with Articles 70, 71(1) and 76(4) of Regulation (EU) 2018/1139.

(c) The CAA must maintain a list of all the certificates, approvals, authorisations and letters of agreement it has issued.

(d) All the records referred to in points (a) to (c) must be kept for at least 5 years, in so far as that is compatible with data protection legislation. ;

(h) at the end of Subpart A insert—

21.B.65     Suspension, limitation and revocation

(a) The CAA must:

1. suspend a relevant approval where it considers there are reasonable grounds to believe that such action is necessary to prevent a credible threat to aircraft safety;

2. suspend, revoke or limit a relevant approval where such action is required pursuant to point 21.B.125, 21.B.225 or 21.B.433;

3. suspend or revoke a certificate of airworthiness or a noise certificate upon evidence that any of the conditions specified in points 21.A.181(a) and 21.A.211(a) are not met;

4. suspend or limit in whole or in part a relevant approval where unforeseeable circumstances outside the control of the CAA prevent its inspectors from discharging their oversight responsibilities over the oversight planning circle.

(b) In this point, “ relevant approval ” means a certificate, approval, permit to fly, authorisation or letter of agreement. .

(3) In Subpart E (supplemental type-certificates), after point 21.B.111 insert—

21.B.115     Means of compliance

(a) AMC may be used to establish compliance with Regulation (EU) 2018/1139 and this Regulation.

(b) Alternative means of compliance may be used by an organisation to establish compliance with this Regulation when approved by the CAA. .

(4) In Subpart F (production without production organisation approval)—

(a) for point 21.B.120 (including the heading) substitute—

21.B.120     Initial certification procedure

(a) The CAA must:

1. upon receipt of an application for a letter of agreement for the purpose of demonstrating conformity of the individual products, parts and appliances, verify the applicant’s compliance with the applicable requirements;

2. record all the findings issued, closure actions and recommendations for the issue of the letter of agreement;

3. confirm in writing to the applicant all findings raised during the verification;

4. issue the letter of agreement (CAA Form 65, Appendix XI) when satisfied that the applicant complies with the applicable requirements.

(b) The letter of agreement must:

1. contain the scope of the agreement, a termination date and, where applicable, the appropriate limitations;

2. not exceed one year in duration.

(c) Where the application is in relation to initial certification, the CAA may only issue the letter of agreement after being satisfied that all findings have been corrected to its satisfaction.

(b) for point 21.B.125 (including the heading) substitute—

21.B.125     Findings and corrective actions; observations

(a) The CAA must have a system in place to analyse findings for their safety significance.

(b) The CAA must issue a level 1 finding where any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the certificate including the terms of approval, which lowers safety or seriously endangers flight safety.

(c) Level 1 findings include:

1. any failure to grant the CAA access to the organisation’s facilities referred to in point 21.A.8 during normal operating hours and after two written requests;

2. obtaining the letter of agreement or maintaining its validity by falsification of the submitted documentary evidence; and

3. any evidence of malpractice or fraudulent use of the letter of agreement.

(d) The CAA must issue a level 2 finding where any non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, the organisation’s procedures and manuals, or with the terms of the letter of agreement, which is not classified as a level 1 finding.

(e) When a finding is detected during oversight or by any other means, the CAA must, without prejudice to any additional action required by Regulation (EU) 2018/1139, issue the finding to the organisation and request corrective action to address the non-compliance identified.

1. Where there are any level 1 findings, the CAA must take immediate and appropriate action to prohibit or limit the activities of the organisation involved. Where appropriate, this action may be to revoke the letter of agreement or limit or suspend it in whole or in part, depending on the extent of the finding, until successful corrective action has been taken by the organisation.

2. Where there are any level 2 findings, the CAA must:

(i) grant the organisation a corrective action implementation period appropriate to the nature of the finding which must not be more than 3 months from the date of the written communication under point (e). At the end of that period, and subject to the nature of the finding, the CAA may extend the 3-month period provided that a corrective action plan has been agreed with the CAA;

(ii) assess the corrective action plan and implementation method proposed by the organisation following the written communication under point (e), and if the assessment concludes that they are sufficient to address the non-compliance, accept them.

3. Where the organisation fails to submit an acceptable corrective action plan or fails to perform the corrective action within the time period accepted or extended by the CAA, the CAA must raise the finding to level 1 and action must be taken as laid down in point (e)(1).

(f) The CAA may issue observations for any of the following cases not requiring level 1 or level 2 findings:

1. for any item whose performance has been assessed to be ineffective;

2. when it has been identified that an item has the potential to cause a non-compliance under point (d) or (e);

3. when suggestions or improvements are of interest for the overall safety performance of the organisation.

(g) The CAA must communicate the observations issued under this point in writing to the organisation and must keep a record of those observations and communications.

(h) The CAA, subject to the nature of the finding, may extend the 3 month corrective action implementation period provided that a corrective action plan has been agreed with the CAA.

(c) omit points 21.B.130, 21.B.145 and 21.B.150;

(d) at the end of Subpart F, insert—

21.B.215     Means of compliance

(a) AMC may be used to establish compliance with Regulation (EU)2018/1139.

(b) Alternative means of compliance may be used by an organisation to establish compliance with this Regulation when approved by the CAA. .

(5) In Subpart G (production organisation approval)—

(a) for point 21.B.220 (including the heading) substitute—

21.B.220     Initial certification procedure

(a) Upon receipt of an application for the initial issue of a production organisation approval certificate, the CAA must verify the applicant’s compliance with the applicable requirements.

(b) The CAA must convene a meeting with the accountable manager of the applicant at least once during the investigation for initial certification to ensure that this person understands their role and accountability.

(c) The CAA must record all findings issued, closure actions and recommendations for the issue of the production organisation approval certificate.

(d) The CAA must confirm to the applicant in writing all the findings raised during the verification.

(e) For initial certification, all findings must be corrected to the satisfaction of the CAA before the certificate can be issued.

(f) When the CAA is satisfied that the applicant complies with the applicable requirements, the CAA must issue the production organisation approval certificate (CAA Form 55 in Appendix X).

(g) The certificate reference number must be included on the production organisation approval certificate.

(h) The certificate must be issued for an unlimited duration. The privileges and scope of the activities that the organisation is approved to conduct, including any limitations as applicable, must be specified in the terms of approval attached to the certificate. ;

(b) after point 21.B.220 insert—

21.B.221     Oversight principles

(a) In carrying out the oversight programme under point 21.B.222, the CAA must verify:

1. compliance with the requirements that are applicable to organisations prior to issue of the production organisation approval certificate;

2. continued compliance with the applicable requirements of the organisations it has certified;

3. the implementation of appropriate safety measures mandated by the CAA according to point 21.B.6(c).

(b) This verification must:

1. be supported by documentation specifically intended to provide CAA personnel responsible for oversight with guidance to perform their functions;

2. provide the organisations concerned with the results of oversight activities;

3. be based on assessments, audits, inspections and, if needed, unannounced inspections;

4. provide the CAA with the evidence of non-compliance needed in case further action is required, including the measures provided for in point 21.B.225.

(c) The CAA must establish the scope of the oversight in points (a) and (b) taking into account the results of past oversight activities and the safety priorities.

(d) The CAA must collect and process any information deemed necessary for performing its oversight activities.

21.B.222     Oversight programme

(a) The CAA must establish and maintain an oversight programme covering the oversight activities in point 21.B.221(a).

(b) The oversight programme must be based on the assessment of the associated risks and take into account the specific nature of the organisation, the complexity of its activities, and the results of past certification and past oversight activities. Within each oversight planning cycle, it must include:

1. assessments, audits and inspections, including, as appropriate:

(i) management system assessments and process audits;

(ii) product audits of a relevant sample of the products, parts and appliances that are within the scope of the approval of the organisation;

(iii) sampling of the work performed;

(iv) unannounced inspection;

2. meetings between the accountable manager and the CAA to ensure both parties remain informed of all significant issues.

(c) The oversight planning cycle must not exceed 24 months.

(d) Notwithstanding point (c), the oversight planning cycle may be extended to 36 months if the CAA has, in the preceding 24 months, established that:

1. the organisation has demonstrated that it can effectively identify aviation safety hazards and manage the associated risks;

2. the organisation has continuously demonstrated compliance with points 21.A.147 and 21.A.148 and it has full control over all changes to the production management system;

3. no level 1 findings have been issued;

4. all corrective actions have been implemented within the time period agreed with the CAA under point 21.B.225.

(e) Notwithstanding points (c) and (d), the oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the conditions set out at point (d), the organisation has established, and the CAA has approved, an effective, continuous system for reporting to the CAA on the safety performance and regulatory compliance of the organisation itself.

(f) The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased.

(g) The oversight programme must include records of the dates when assessments, audits, inspections and meetings are due, and when assessments, audits, inspections and meetings have been effectively carried out.

(h) At the completion of each oversight planning cycle, the CAA must issue a recommendation report on the continuation of the approval, reflecting the results of the oversight. ;

(c) for point 21.B.225 (including the heading) substitute—

21.B.225     Findings and corrective actions; observations

(a) The CAA must have a system in place to analyse findings for their safety significance.

(b) The CAA must issue a level 1 finding where any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the certificate including the terms of approval, which lowers safety or seriously endangers flight safety.

(c) Level 1 findings include:

1. any failure to grant the CAA access to the organisation’s facilities mentioned in point 21.A.8 during normal operating hours and after two written requests;

2. obtaining the production organisation approval certificate or maintaining its validity by falsification of submitted documentary evidence;

3. any evidence of malpractice or fraudulent use of the production organisation approval certificate;

4. failure to appoint an accountable manager pursuant to point 21.A.245(a).

(d) The CAA must issue a level 2 finding where any non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the certificate including the terms of approval, which is not classified as a level 1 finding.

(e) When a finding is detected during oversight or by any other means, the CAA must, without prejudice to any additional action required by Regulation (EU) 2018/1139, write to the organisation and request corrective action to address the non-compliance identified.

1. If there are any level 1 findings, the CAA must take immediate and appropriate action to prohibit or limit the activities of the organisation involved and, if appropriate, revoke the production organisation approval certificate or limit or suspend it in whole or in part, depending on the extent of the level 1 finding, until successful corrective action has been taken by the organisation.

2. If there are any level 2 findings, the CAA must grant the organisation a corrective action implementation period appropriate to the nature of the finding which must not be more than 3 months from the date of the written communication under point (e).

3. If there are any level 2 findings, the CAA must assess the corrective action and implementation plan proposed by the organisation following the written communication under point (e), and if the assessment concludes that these are sufficient to address the non-compliance, accept them.

4. Subject to the nature of the finding, at the end of the 3 month period referred to in point (e)(2), the CAA may extend the 3 month period provided that the organisation has agreed a corrective action plan with the CAA.

5. If there are any level 2 findings, if the organisation fails to submit an acceptable corrective action plan or fails to perform the corrective action within the time period accepted or extended by the CAA, the finding must be raised to level 1, and action must be taken as laid down in point (e)(1).

(f) The CAA may issue observations for any of the following cases not requiring level 1 or level 2 findings:

1. for any item whose performance has been assessed to be ineffective; or

2. when it has been identified that an item has the potential to cause a non-compliance under point (b) or (d);

3. when suggestions or improvements are of interest for the overall safety performance of the organisation.

(g) The CAA must notify the production organisation in writing of any observations issued under point (f) and must keep a record of those observations. ;

(d) omit points 21.B.230 and 21.B.235;

(e) for point 21.B.240 (including heading) substitute—

21.B.240     Changes in the production management system

(a) Upon receipt of an application for a significant change to the production management system, the CAA must verify the organisation’s compliance with the applicable requirements of this Annex before issuing the approval.

(b) The CAA must establish the conditions under which the organisation may operate during the evaluation of a change unless the CAA determines that the production organisation approval certificate needs to be suspended.

(c) When satisfied the organisation complies with the applicable requirements, the CAA must approve the change.

(d) Without prejudice to any other enforcement measures, where the organisation implements a significant change to the production management system without prior approval of the CAA under point (c), the CAA may suspend, limit or revoke the organisation’s certificate if it considers necessary.

(e) For non-significant changes to the production management system, the CAA must include the review of such changes in its continuing oversight in accordance with the principles set out in point 21.B.221. Where any non-compliance is found, the CAA must notify the organisation, request further changes and act in accordance with point 21.B.225. ;

(f) omit points 21.B.245 and 21.B.260.

(6) In Subpart H (certificates of airworthiness and restricted certificates of airworthiness)—

(a) for point 21.B.325(c) substitute—

(c) For new aircraft, and used aircraft originating from a third country, in addition to the appropriate airworthiness certificate referred to in point (a) or (b), the CAA must issue:

1. for aircraft subject to Annex I (Part-M) to Regulation (EU) No 1321/2014, an initial airworthiness review certificate (CAA Form 15a, Appendix II);

2. for new aircraft subject to Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, an initial airworthiness review certificate (CAA Form 15c, Appendix II);

3. for used aircraft originating from a third country, and subject to Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, an initial airworthiness review certificate (CAA Form 15c, Appendix II), when the CAA has performed the airworthiness review. ;

(b) omit points 21.B.330 and 21.B.345.

(7) In Subpart I (noise certificates), omit points 21.B.430 and 21.B.445.

(8) For Subpart J (design organisation approval), substitute—

21.B.430     Initial certification procedure

(a) Upon receiving an application for the initial issue of a design organisation approval, the CAA must verify the applicant’s compliance with the applicable requirements.

(b) A meeting with the head of the design organisation must be convened at least once during the investigation for initial certification to ensure that this person understands their role and accountability.

(c) The CAA must record all the findings issued, closure actions and recommendations for the issue of the design organisation approval.

(d) The CAA must confirm to the applicant in writing all the findings raised during the verification. For initial certification, all findings must be corrected to the satisfaction of the CAA before the design organisation approval can be issued.

(e) When satisfied that the applicant complies with the applicable requirements, the CAA must issue the design organisation approval.

(f) The certificate reference number must be included in the design organisation approval in a manner specified by the CAA.

(g) The certificate must be issued for an unlimited period of time. The privileges and the scope of the activities that the design organisation is approved to perform, including any limitations as applicable, must be specified in the terms of approval attached to the design organisation approval.

21.B.431     Oversight principles

(a) The CAA must verify whether certified organisations continue to comply with the applicable requirements.

(b) The verification must:

1. be supported by documentation specifically intended to provide CAA personnel responsible for oversight with guidance to perform their functions;

2. provide the organisations concerned with the results of oversight activities;

3. be based on assessments, audits, and inspections pursuant to point 21.B.432 and, if needed, unannounced inspections;

4. provide the CAA with the evidence needed in case further action is required, including the measures provided for in point 21.B.433.

(c) The CAA must establish the scope of the oversight set out in point (b) taking into account the results of past oversight activities and the safety priorities.

(d) The CAA must collect and process any information deemed necessary for performing oversight activities.

21.B.432     Oversight programme

(a) The CAA must establish and maintain an oversight programme covering the oversight activities required to comply with point 21.A.431(a).

(b) The oversight programme must take into account the specific nature of the organisation, the complexity of its activities, and the results of past certification and oversight activities, and it must be based on the assessment of the associated risks. It must include, within each oversight planning cycle:

1. assessments, audits and inspections, including, where appropriate:

(i) management system assessments and process audits;

(ii) product audits of a relevant sample of the design and certification of the products, parts and appliances that are within the scope of work of the organisation;

(iii) sampling of the work performed;

(iv) unannounced inspections;

2. meetings between the head of the design organisation and the CAA to ensure that both parties remain informed of all significant issues.

(c) The oversight planning cycle must not exceed 24 months.

(d) Notwithstanding point (c), the oversight planning cycle may be extended to 36 months if the CAA has established that during the previous 24 months:

1. the organisation has demonstrated that it can effectively identify aviation safety hazards and manage the associated risks;

2. the organisation has continuously demonstrated compliance with point 21.A.247 and has full control over all changes to the design management system;

3. no level 1 findings have been issued;

4. all corrective actions have been implemented within the time period that was accepted or extended by the CAA as provided for in point 21.B.433(e).

(e) Notwithstanding points (c) and (d), the oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the conditions laid down in point (d), the organisation has established, and the CAA has approved, an effective continuous system for reporting to the CAA on the safety performance and regulatory compliance of the organisation itself.

(f) The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased.

(g) The oversight programme must include records of the dates when assessments, audits, inspections and meetings are due, and when assessments, audits, inspections and meetings have been effectively carried out.

(h) At the completion of each oversight planning cycle, the CAA must issue a recommendation report on the continuation of the approval, reflecting the results of the oversight.

21.B.433     Findings and corrective actions; observations

(a) The CAA must have a system in place to analyse findings for their safety significance.

(b) The CAA must issue a level 1 finding where a severe non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the design organisation’s certificate including the terms of approval, which may lead to uncontrolled non-compliances and to a potential unsafe condition.

(c) Level 1 findings include:

1. any failure to grant the CAA access to the organisation’s facilities referred to in point 21.A.8 during normal operating hours and after two written requests;

2. obtaining the design organisation approval or maintaining its validity by falsification of the submitted documentary evidence;

3. any evidence of malpractice or fraudulent use of the design organisation approval;

4. failure to appoint a head of the design organisation pursuant to point 21.A.245(a).

(d) The CAA must issue a level 2 finding where any non-compliance, which is not classified as a level 1 finding is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the certificate including the terms of approval.

(e) Where a finding is detected during oversight or by any other means, the CAA must, without prejudice to any additional action required by Regulation (EU) 2018/1139, communicate the finding in writing to the organisation and request corrective action to address the non-compliance identified.

1. Where there are any level 1 findings:

(i) the CAA must grant the organisation a corrective action implementation period, appropriate to the nature of the finding, which must not be more than 1 month commencing from the date of the written communication of the finding to the organisation under point (e);

(ii) the CAA must assess the corrective action plan and implementation plan proposed by the organisation, and if it concludes that they are sufficient to address the non-compliance, accept them;

(iii) where the organisation fails to submit an acceptable corrective action plan, or fails to perform the corrective action within the time period accepted by the CAA, take immediate and appropriate action to prohibit or limit the activities of the organisation involved and, if appropriate, take action to revoke the design organisation approval or to limit or suspend it in whole or in part, depending on the extent of the level 1 finding, until successful corrective action has been taken by the organisation.

2. Where there are any level 2 findings:

(i) the CAA must grant the organisation a corrective action implementation period, appropriate to the nature of the finding, which must not be more than 3 months commencing from the date of the written communication of the finding to the organisation under point (e). At the end of the 3 month period, and subject to the nature of the finding, the CAA may extend the 3 month period provided that a corrective action plan has been agreed by the CAA;

(ii) the CAA must assess the corrective action and the implementation plan proposed by the organisation, and if it concludes that they are sufficient to address the non-compliance, accept them;

(iii) where the organisation fails to submit an acceptable corrective action plan or fails to perform the corrective action within the time period accepted or extended by the CAA, the CAA must raise the finding to level 1 and action must be taken as laid down in point (e)(1).

(f) The CAA may issue observations for any of the following cases not requiring level 1 or level 2 findings:

1. for any item whose performance has been assessed as ineffective;

2. when it has been identified that an item has the potential to cause a non-compliance under points (b), (c) or (d);

3. when suggestions or improvements are of interest for the overall safety performance of the organisation.

(g) The observations issued under this point must be communicated in writing to the organisation and recorded by the CAA.

21B.435     Changes in the design management system

(a) Upon receiving an application for a significant change to the design management system, the CAA must verify the organisation’s compliance with the applicable requirements of Regulation (EU) 2018/1139 before issuing the approval.

(b) The CAA must establish the conditions under which the organisation may operate during the change unless the CAA determines that the design organisation approval needs to be suspended.

(c) When it is satisfied that the organisation complies with the applicable requirements of Regulation (EU) 2018/1139, the CAA must approve the change.

(d) Without prejudice to any additional enforcement measures, if the organisation implements a significant change to the design management system without having received the approval of the CAA pursuant to point (c), the CAA must consider the need to suspend, limit or revoke the organisation’s certificate.

(e) For non-significant changes to the design management system, the CAA must include the review of such changes in its continuing oversight in accordance with the principles set out in point 21.B.431. If any non-compliance is found, the CAA must notify the organisation, request further changes and act in accordance with point 21.B.433. .

(9) In Subpart P (permit to fly), omit points 21.B.445, 21.B.530 and 21.B.545.

Amendment of Appendix II to Annex I to Commission Regulation (EU) No 748/2012

8.  In Appendix II, for CAA Form 15 (airworthiness review certificate) substitute—

Amendment of Appendix VIII to Annex I to Commission Regulation (EU) No 748/2012

9.  In Appendix VIII, for CAA Form 52 (aircraft statement of conformity) substitute—

Amendment of Appendix X to Annex I to Commission Regulation (EU) No 748/2012

10.  In Appendix X, for CAA Form 55 (production organisation approval certificate) substitute—

Amendment of Appendix XI to Annex I to Commission Regulation (EU) No 748/2012

11.  In Appendix XI, for CAA Form 65 (letter of agreement for production organisation approval) substitute—

Commission Regulation (EU) No 1321/2014 (continuing airworthiness)

12.   Commission Regulation (EU) No 1321/2014on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks is amended in accordance with regulations 13 to 31.

Amendment of Article 3 of Commission Regulation (EU) No 1321/2014

13.  In Article 3 (continuing airworthiness requirements), in paragraph 5, for “24 September 2019” substitute “24 March 2020”.

Amendment of Article 4 of Commission Regulation (EU) No 1321/2014

14.  In Article 4 (approvals for organisations involved in the continuing airworthiness of aircraft), after paragraph 6 insert—

A maintenance organisation that holds a valid approval certificate issued in accordance with Annex II (Part-145) must correct any findings of non-compliance related to the implementation of the Safety Management System requirements before 1 July 2026.

Where, on or after 1 July 2026, the organisation has not closed such findings, the approval certificate must be revoked, limited or suspended in whole or in part. .

Amendment of Article 5 of Commission Regulation (EU) No 1321/2014

15.—(1) Article 5 (certifying staff) is amended as follows.

(2) In paragraph 1—

(a) for “M.A.801(d)” substitute “M.A.801(c)”;

(b) omit “CAO.A.035(d) and”;

(c) after “CAO.A.040(b)” insert “and CAO.A.040(c)”.

(3) After paragraph 6 insert—

7.   Limited certifying staff authorisations issued to flight engineer licence holders pursuant to point 145.A.30(j)(3) or (4) of Annex II (Part-145) before 1 July 2024 continue to be valid until they expire or until they are revoked by the maintenance organisation. .

Amendment of Article 8 of Commission Regulation (EU) No 1321/2014

16.  In Article 8 (entry into force), omit paragraph 7.

Amendment of Annex I (Part-M) to Commission Regulation (EU) No 1321/2014

17.—(1) Annex I (Part-M) is amended as follows.

(2) In Subpart H (certificate of release to service – CRS)—

(a) in point M.A.801(d), for “(2)” substitute “(1)”;

(b) for point M.A.802(a), substitute—

(a) Except for components released to service by a maintenance organisation that is approved in accordance with Annex II (Part-145) and cases covered by M.A.502A, a CRS shall be issued at the completion of any maintenance work carried out on an aircraft component in accordance with point M.A.501. .

(3) In Subpart I (airworthiness review certificate), in point M.A.901(e), for “For aircraft not used by air carriers licensed in accordance with Regulation (EC) No 1008/2008( 5), and for aircraft of 2730 kg MTOM and below” substitute “For aircraft of 2370 kg MTOM and below not used by air carriers licensed in accordance with Regulation (EC) No 1008/2008.

Amendment of Appendix III to Annex I to Commission Regulation (EU) No 1321/2014

18.  In Appendix III, for CAA Form 15b (airworthiness review certificate) substitute—

Amendment of Appendix IV to Annex I to Commission Regulation (EU) No 1321/2014

19.—(1) Appendix IV (class and ratings system) is amended as follows.

(2) In the heading to Appendix IV—

(a) for “the approval” substitute “for the terms of approval”;

(b) omit “and Annex II (Part-145)”.

(3) For points (1) and (2) substitute—

1.   Except as stated otherwise for the smallest organisations referred to in point (11), the table in point (12) provides for the standard system for the approval of a maintenance organisation referred to in Annex I (Part-M), Subpart F. An organisation must be granted an approval that ranges from a single class and rating with limitations to all classes and ratings with limitations.

2.   In addition to the table referred to in point (12), the approved maintenance organisation must indicate its scope of work in its maintenance organisation manual. .

(4) For points (8) to (12) substitute—

8.   The limitation section is intended to give the CAA the flexibility to customise the approval to any particular organisation. Ratings must be mentioned on the approval only when appropriately limited. The table referred to in point (12) specifies the types of limitation possible. Whilst maintenance is listed last in each class rating it is acceptable to stress the maintenance task rather than the aircraft or engine type or manufacturer, if this is more appropriate to the organisation (an example could be avionic systems installations and related maintenance). Such mention in the limitation section indicates that the maintenance organisation is approved to carry out maintenance up to and including this particular type or task.

9.   Where reference is made to series, type and group in the limitation section of class A and B, “ series ” means a specific type series such as Cessna 150, Cessna 172, Beech 55 series or Continental O-200 series; “ type ” means a specific type or model such as Cessna 172RG type; any number of series or types may be quoted; “ group ” means for example Cessna single piston engine aircraft or Lycoming non-supercharged piston engines, etc.

10.   Where a lengthy capability list is used which could be subject to frequent amendments, then such amendments may be performed in accordance with the indirect approval procedure referred to in points M.A.604(c) and M.B.606(c).

11.   A maintenance organisation which employs only one person to both plan and carry out all maintenance can only hold a limited scope of approval rating which may be further limited by the CAA depending on the capability of the particular organisation. The maximum permissible limits are:

Maximum permissible limits table.

”.

(5) Point (13) is renumbered as point (12).

(6) In point (12), as renumbered by paragraph (5), in the table, omit the first entry for “A1 Aeroplanes above 5700kg”.

Amendment of Appendix VII to Annex I to Commission Regulation (EU) No 1321/2014

20.  In Appendix VII (complex maintenance tasks), in the first sentence, for “points (b)(2) and (c) of point M.A.801” substitute “point M.A.801(b)”.

Amendment of Annex II to Commission Regulation (EU) No 1321/2014

21.  Annex II (Part-145) is amended in accordance with regulations 22 to 24.

Amendment of Section A of Annex II to Commission Regulation (EU) No 1321/2014

22.—(1) Section A is amended as follows.

(2) In the section heading, after “technical” insert “and organisational”.

(3) In point 145.A.10, after “approval” insert “certificate”.

(4) For point 145.A.15 (including the heading) substitute—

145.A.15     Application for an organisation certificate

(a) An application for a certificate or an amendment to an existing certificate in accordance with this Annex must be made in a form and manner established by the CAA, taking into account the applicable requirements of Annex I (Part-M), Annex Vb (Part-ML) and this Annex.

(b) Applicants for an initial certificate pursuant to this Annex must provide the CAA with:

1. the results of a pre-audit performed by the organisation against the applicable requirements provided for in Annex I (Part-M), Annex Vb (Part-ML) and this Annex;

2. documentation demonstrating how they intend to ensure compliance with the requirements of this Regulation. .

(5) For point 145.A.20 substitute—

(a) The organisation’s scope of work must be specified in the maintenance organisation exposition (“ MOE ”) in accordance with point 145.A.70;

(b) The organisation must comply with the terms of approval attached to the organisation certificate issued by the CAA, and with the scope of work specified in the MOE. .

(6) In point 145.A.30—

(a) for points (a) to (e) substitute—

(a) The organisation must appoint an accountable manager that has corporate authority to ensure that all maintenance activities of the organisation can be financed and carried out in accordance with Regulation (EU) 2018/1139. The accountable manager must:

1. ensure that all necessary resources are available to accomplish maintenance in accordance with this Annex, Annex I (Part-M) and Annex Vb (Part-ML), as applicable, to support the organisation certificate;

2. establish and promote the safety policy specified in point 145.A.200(a)(2);

3. demonstrate a basic understanding of this Regulation.

(b) The accountable manager—

1. must nominate a person or group of persons representing the management structure for the maintenance functions and with the responsibility to ensure that the organisation works in accordance with the MOE and approved procedures. It must be made clear in the procedures who deputises for a particular person in the case of lengthy absence of that person;

2. must nominate a person or group of persons with the responsibility to manage the compliance monitoring function as part of the management system;

3. must nominate a person or group of persons with the responsibility to manage the development, administration and maintenance of effective safety management processes as part of the management system.

(c) The person or group of persons nominated in accordance with points (b)(1), (2) and (3) must have a responsibility to the accountable manager and direct access to them to keep them properly informed on compliance and safety matters. Additionally, they must be able to demonstrate relevant knowledge, background and satisfactory experience related to aircraft or component maintenance and demonstrate a working knowledge of this Regulation.

(d) The organisation must have a maintenance resource plan to ensure it has sufficient and appropriately qualified staff to plan, perform, supervise, inspect and monitor the organisation’s activities in accordance with the terms of the approval. In addition, the organisation must have a procedure to reassess the work intended to be carried out when the actual staff availability is reduced compared to the planned staffing level for a particular work shift or period.

(e) The organisation must establish and control the competency of the personnel involved in any maintenance, airworthiness reviews, safety management and compliance monitoring in accordance with a procedure and to a standard agreed with the CAA. In addition to the necessary expertise related to the job function, the competency of the personnel must include an understanding of the application of safety management principles, including human factors and human performance issues, which is appropriate to their function and responsibilities in the organisation. ;

(b) in point (j)—

(i) in the first paragraph, after “certifying staff” insert “and support staff that are”;

(ii) for points (1) to (4) substitute—

1.   For base maintenance carried out at a location outside the United Kingdom, support staff may be qualified in accordance with the national aviation regulations of the State in which the organisation facility is located subject to the conditions specified in Appendix IV to this Annex.

2.   For line maintenance carried out at a line station located outside the United Kingdom, the certifying staff may be qualified, subject to the conditions specified in Appendix IV to this Annex, in accordance with the following alternative conditions:

(i) national aviation regulations of the State in which the line station is located,

(ii) national aviation regulation of the State in which the organisation’s principal place of business is located.

3.   For a repetitive pre-flight airworthiness directive which specifically states that the flight crew may carry out such airworthiness directive, the organisation may issue a limited certification authorisation to the pilot on the basis of the flight crew licence held. In that case, the organisation must ensure that the pilot has carried out sufficient practical training ensuring that the pilot can accomplish the airworthiness directive.

4.   If an aircraft is operated away from a supported location, the organisation may issue a limited certification authorisation to the pilot on the basis of the flight crew licence held, subject to being satisfied that the pilot has carried out sufficient practical training ensuring that the pilot can accomplish the specified tasks. ;

(c) in point (k)—

(i) for “and meeting all of the following requirements” substitute “in accordance with point 145.A.37”;

(ii) omit points 1 to 7.

(7) In point 145.A.35—

(a) for points (d) to (f) substitute—

(d) The organisation must ensure that all certifying staff and support staff receive sufficient recurrent training in each 2 year period to ensure that they have up to date knowledge of relevant technologies, organisation procedures and safety management, including human factor issues.

(e) The organisation must establish a programme for recurrent training for certifying staff and support staff, including a procedure to ensure compliance with the relevant provisions of this point and a procedure to ensure compliance with Annex III (Part-66).

(f) With the exception of the unforeseen cases specified in point 145.A.30(j)(5), the organisation must assess all certifying staff for their competency, qualifications and capability to carry out their intended certifying duties in accordance with a procedure in the MOE prior to the issue or reissue of a certification authorisation under this Annex to such staff. ;

(b) for points (h) to (o) substitute—

(h) The certification authorisation must be in a style that makes its scope clear to the certifying staff and any authorised person who may require to examine the authorisation. Where codes are used to define scope, the organisation must make a code translation readily available. “ Authorised person ” means an official of the CAA.

(i) The person or group of persons nominated under point 145.A.30(b)(2) that are responsible for the compliance monitoring function must remain responsible for issuing certification authorisations to certifying staff, but may nominate other persons to effectively issue or revoke certification authorisations in accordance with a procedure in the MOE.

(j) The organisation must provide certifying staff with a copy of their certification authorisation in either written or electronic format.

(k) Certifying staff must produce their certification authorisation to any authorised person within 24 hours of the request.

(l) The minimum age for certifying staff and support staff is 21 years.

(m) The holder of a category A aircraft maintenance licence may only exercise certification privileges on a specific aircraft type following the satisfactory completion of the relevant category A aircraft task training carried out by an organisation appropriately approved in accordance with Annex II (Part-145) or Annex IV (Part-147). This training must include practical hands-on training and theoretical training as appropriate for each task authorised. Satisfactory completion of training must be demonstrated by an examination or by workplace assessment carried out by the organisation.

(n) The holder of a category B2 aircraft maintenance licence may only exercise the certification privileges described in point 66.A.20(a)(3)(ii) of Annex III (Part-66) following the satisfactory completion of:

(i) the relevant category A aircraft task training; and

(ii) 6 months of proven practical experience covering the scope of the authorisation to be issued.

(o) The task training referred to in point (n)(i) must include practical hands-on training and theoretical training as appropriate for each task authorised. Satisfactory completion of training must be demonstrated by an examination or by workplace assessment. Task training and examination or assessment must be carried out by the maintenance organisation issuing the certifying staff authorisation. The practical experience must also be obtained within that maintenance organisation. .

(8) Omit point 145.A.36.

(9) Before point 145.A.40 insert—

145.A.37     Airworthiness review staff

(a) In order to be approved to carry out airworthiness reviews and to issue the corresponding airworthiness review certificates (ARC) for aircraft covered by Annex Vb (Part-ML), the organisation must have airworthiness review staff that comply with all of 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 a certifying staff authorisation for the corresponding aircraft;

3. they have acquired knowledge of Annex I (Part-M), Subpart C, or of Annex Vb (Part-ML), Subpart C;

4. they have acquired knowledge of the procedures of the maintenance organisation relevant to the airworthiness review and issue of the airworthiness review certificate.

(b) Before the organisation issues an airworthiness review authorisation to a candidate, that candidate must perform an airworthiness review under the supervision of the CAA or under the supervision of a person that is already authorised as airworthiness review staff by the organisation. If this airworthiness review under supervision is satisfactory, the CAA may formally accept that candidate to become airworthiness review staff.

(c) The organisation must ensure that the airworthiness review staff can demonstrate appropriate recent continuing airworthiness experience. .

(10) In point 145.A.42—

(a) in point (a)(i)—

(i) after “unless otherwise specified in” insert “point 21.A.307 of”;

(ii) for “or in this Annex II (Part 145)” substitute “, in point M.A.502 of Annex I (Part-M), in point ML.A.502 of Annex III (Part-ML), or in this Annex (Part-145)”;

(b) in point (b)(iv), for “point 21.A.370(c)” substitute “point 21.A.307(b)(2)”.

(11) In point 145.A.45, for points (a) to (e) substitute—

(a) The organisation must hold and use applicable current maintenance data which is necessary in the performance of maintenance, including modifications and repairs. “ Applicable ” means relevant to any aircraft, component or process specified in the organisation’s terms of approval and in any associated capability list. In the case of maintenance data provided by the person or organisation requesting the maintenance, the organisation must hold such data when the work is in progress, with the exception of the need to comply with point 145.A.55(a)(3).

(b) Applicable maintenance data is the data specified in point M.A.401(b) of Annex I (Part-M) or in point ML.A.401(b) of Annex Vb (Part-ML), as applicable.

(c) The organisation must establish procedures to ensure that if inaccurate, incomplete or ambiguous procedure, practice, information or maintenance instruction is found in the maintenance data used by maintenance personnel, it is recorded as part of the internal safety reporting scheme referred to in point 145.A.202 and notified to the author of the maintenance data.

(d) The organisation may only modify maintenance instructions in accordance with a procedure that is specified in the MOE. With respect to changes to maintenance instructions, the organisation must demonstrate that they result in equivalent or improved maintenance standards, and must inform the author of the maintenance instructions of such changes. For the purposes of this point, “ maintenance instructions ” means instructions on how to carry out a particular maintenance task; they exclude the engineering design of repairs and modifications.

(e) The organisation must provide a common work card or worksheet system to be used throughout the relevant parts of the organisation. In addition, the organisation must either accurately transcribe the maintenance data referred to in points (b) and (d) onto such work cards or worksheets, or make precise reference to the particular maintenance task or tasks contained in that maintenance data. Work cards and worksheets may be computer generated and held in an electronic database that is adequately protected against unauthorised alteration, and for which there is a backup electronic database which must be updated within 24 hours after an entry is made to the main electronic database. Complex or long maintenance tasks must be transcribed onto the work cards or worksheets and subdivided into clear stages to ensure that there is a record of the accomplishment of the complete maintenance task. When the organisation provides maintenance services to an aircraft operator which requires its own work card or worksheet system to be used, then such work card or worksheet system may be used. In that case, the organisation must establish a procedure to ensure that those work cards or worksheets are correctly completely. .

(12) In point 145.A.47—

(a) for point (b) substitute—

(b) As part of the management system described in 145.A.200, the planning and organisation of maintenance tasks must take into account human performance limitations, including the threat of fatigue for maintenance personnel during shifts. ;

(b) after point (c) insert—

(d) The organisation must ensure that aviation safety hazards associated with external working teams carrying out maintenance at the organisation’s facilities are considered by the organisation’s management system. .

(13) For point 145.A.48 substitute—

(a) The organisation may only carry out maintenance on an aircraft or component for which it is approved when all the necessary facilities, equipment, tooling, material, maintenance data and personnel are available.

(b) The organisation must be responsible for the maintenance that is performed within the scope of its approval.

(c) The organisation must ensure that:

1. after the completion of the maintenance, a general verification is carried out to ensure that the aircraft or component is clear of all tools, equipment and any extraneous parts or material, and that all access panels that were removed have been refitted;

2. an error capturing method is implemented after the performance of any critical maintenance task;

3. the risk of errors during maintenance and the risk of errors being repeated in identical maintenance tasks are minimised;

4. damage is assessed, and modifications and repairs are carried out using the data specified in point M.A.304 of Annex I (Part-M) or point ML.A.304 of Annex Vb (Part-ML), as applicable;

5. the assessment of aircraft defects is carried out in accordance with point M.A.403(b) of Annex I (Part-M) or point ML.A.403(b) of Annex Vb (Part-ML), as applicable. .

(14) After point 145.A.60 insert—

145.A.61     Management system – additional occurrence reporting procedures

(a) As part of its management system referred to in point 145.A.200, the internal occurrence reporting system must include voluntary reporting. A single system may be established to meet the requirements of Regulation (EU) No 376/2014 and Regulation (EU) 2018/1139.

(b) The organisation must report any event that affects an aircraft 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. For events that affect aircraft components, the organisation must report to the person or organisation that requested the maintenance.

(c) For organisations that do not have their principal place of business in the United Kingdom, the initial mandatory reports must:

1. appropriately safeguard the confidentiality of the identity of the reporter and of the persons mentioned in the report;

2. 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 this;

3. be made in a form and manner established by the CAA; and

4. contain all pertinent information about the event known to the organisation.

(d) Where relevant, organisations referred to in point (c) must make a follow-up report that provides details of the actions the organisation intends to take to prevent similar occurrences in the future as soon as those actions have been identified. Those follow-up reports must:

1. be sent to the entities referred to in point (b) to which the initial report was sent; and

2. be made in a form and manner established by the CAA. .

(15) For point 145.A.65 (including the heading) substitute—

145.A.65     Maintenance procedures

(a) The organisation must establish procedures which ensure that human factors and good maintenance practices are taken into account during maintenance, including subcontracted activities, and which comply with the applicable requirements of this Annex, Annex I (Part-M) and Annex Vb (Part-ML). Such procedures must be agreed with the CAA.

(b) The maintenance procedures established under this point must:

1. ensure that a clear maintenance work order or contract has been agreed between the organisation and the person or organisation that requests the maintenance, to clearly establish the maintenance to be carried out so that the aircraft and components may be released to service in accordance with point 145.A.50;

2. cover all the aspects of carrying out the maintenance, including the provision and control of specialised services, and lay down the standards according to which the organisation intends to work. .

(16) For point 145.A.70 (including the heading) substitute—

145.A.70     Maintenance Organisation Exposition

(a) The organisation must establish and maintain a maintenance organisation exposition (“ MOE ”) that includes, directly or by reference, all of the following:

1. a statement signed by the accountable manager confirming that the maintenance organisation will at all times work in accordance with this Annex, Annex I (Part-M) and Annex Vb (Part-ML), as applicable, and with the approved MOE. If the accountable manager is not the chief executive officer of the organisation, then the chief executive officer must countersign the statement;

2. the organisation’s safety policy and the related safety objectives referred to in point 145.A.200(a)(2);

3. the title and name of any person nominated under points 145.A.30(b)(1), (2) and (3);

4. the duties and responsibilities of any person nominated under points 145.A.30(b)(1), (2) and (3), including the matters on which they may deal directly with the CAA on behalf of the organisation;

5. an organisation chart showing the accountability and associated lines of responsibility, established in accordance with point 145.A.200(a)(1), between all the persons referred to in points 145.A.30(a) and (b)(1), (2) and (3);

6. a list of the certifying staff and, if applicable, support staff and airworthiness review staff with their scope of authorisation;

7. a general description of the workforce resources and of the system that is in place to plan the availability of staff, as required by point 145.A.30(d);

8. a general description of the facilities at each approved location;

9. a specification of the scope of work of the organisation that is relevant to the terms of approval as required by point 145.A.20;

10. the procedure that sets out the scope of changes not requiring prior approval and that describes how such changes will be managed and notified to the CAA, as required by point 145.A.85(c);

11. the procedure for amending the MOE;

12. the procedures specifying how the organisation ensures compliance with this Annex;

13. a list of the commercial operators to which the organisation provides regular aircraft maintenance services, and the associated procedures;

14. where applicable, a list of the subcontracted organisations referred to in point 145.A.75(b);

15. a list of the approved locations including, where applicable, line maintenance locations referred to in point 145.A.75(d);

16. a list of the contracted organisations;

17. a list of the currently approved alternative means of compliance used by the organisation.

(b) The initial issue of the MOE must be approved by the CAA. It must be amended as necessary so that it remains an up-to-date description of the organisation.

(c) Amendments to the MOE must be managed as set out in the procedures referred to in points (a)(10) and (a)(11). Any amendments that are not included in the scope of the procedure referred to in point (a)(10), as well as any amendments related to the changes listed in point 145.A.85(a), must be approved by the CAA. .

(17) In point 145.A.75—

(a) in the words before point (a), for “exposition” substitute “MOE”;

(b) for points (a) and (b) substitute—

(a) Maintain any aircraft or component for which it is approved at the locations identified in the certificate and in the MOE;

(b) Arrange for the maintenance of any aircraft or component for which it is approved at another subcontracted organisation that works under the management system of the organisation. This is limited to the work permitted under the procedures established in accordance with point 145.A.65 and it must not include a base maintenance check of an aircraft, or a complete workshop maintenance check or overhaul of an engine or an engine module; ;

(c) for point (f) substitute—

(f) If specifically approved to do so for aircraft covered by Annex Vb (Part-ML) and if it has its principal place of business in the United Kingdom, the organisation may perform airworthiness reviews and issue the corresponding airworthiness review certificates under the conditions specified in point ML.A.903 of Annex Vb (Part-ML). .

(18) Omit point 145.A.80.

(19) For point 145.A.90 (including the heading) substitute—

145.A.90     Continued validity

(a) The organisation’s certificate must remain valid, subject to compliance with all of the following conditions:

1. the organisation remaining in compliance with Regulation (EU) 2018/1139, taking into account the provisions of point 145.B.350 of this Annex related to the handling of findings;

2. the CAA being granted access to the organisation as specified in point 145.A.140;

3. the certificate not being surrendered by the organisation, or suspended or revoked by the CAA under point 145.B.355.

(b) Upon surrender or revocation, the certificate must be returned to the CAA without delay. .

(20) For point 145.A.95 (including the heading) substitute—

145.A.95     Findings and observations

(a) After the receipt of a notification of findings in accordance with point 145.B.350, the organisation must:

1. identify the root cause of, and any contributing factors to, the non-compliance;

2. define a corrective action plan;

3. demonstrate the implementation of corrective action to the satisfaction of the CAA.

(b) The actions referred to in point (a) must be performed within the period agreed with the CAA in accordance with point 145.B.350.

(c) The observations received in accordance with point 145.B.350(e) must be given due consideration by the organisation. The organisation must record the decisions taken in respect of those observations. .

(21) After point 145A.95 insert—

145.A.120     Means of compliance

(a) An organisation may use any alternative means of compliance to establish compliance with this Regulation.

(b) If an organisation wishes to use an alternative means of compliance, it must, prior to using it, provide the CAA with a full description. The description must include any revisions to manuals or procedures that may be relevant, as well as an explanation indicating how compliance with this Regulation is achieved. The organisation may use those alternative means of compliance subject to prior approval from the CAA.

145.A.140     Access

For the purpose of determining compliance with the relevant requirements of Regulation (EU) 2018/1139, the organisation must ensure that access to any facility, aircraft, document, records, data, procedures or to any other material relevant to its activity subject to certification, whether it is subcontracted or not, is granted to any person authorised by the CAA.

145.A.155     Immediate reaction to a safety problem

The organisation must implement:

(a) any safety measures mandated by the CAA in accordance with point 145.B.135;

(b) any relevant mandatory safety information issued by the CAA.

145.A.200     Management system

(a) The organisation must establish, implement and maintain a management system that includes:

1. clearly defined accountability and lines of responsibility throughout the organisation, including a direct safety accountability of the accountable manager;

2. a description of the overall philosophies and principles of the organisation with regard to safety (“the safety policy”), and the related safety objectives;

3. the identification of aviation safety hazards entailed by the activities of the organisation, their evaluation and the management of the associated risks, including taking actions to mitigate the risks and verify their effectiveness;

4. maintaining personnel trained and competent to perform their tasks;

5. documentation of all management system key processes, including a process for making personnel aware of their responsibilities and the procedure for amending that documentation;

6. a function to monitor the compliance of the organisation with the relevant requirements. Compliance monitoring must include a system for feedback of findings to the accountable manager to ensure the effective implementation of corrective actions as necessary.

(b) The management system must correspond to the size of the organisation and the nature and complexity of its activities, taking into account the hazards and the associated risks inherent in those activities.

(c) If the organisation holds one or more additional organisation certificates within the scope of Regulation (EU) 2018/1139, the management system may be integrated with that required under the additional certificates held.

145.A.202     Internal safety reporting scheme

(a) As part of its management system, the organisation must establish an internal safety reporting scheme to enable the collection and evaluation of occurrences that are required to be reported under point 145.A.60.

(b) The scheme must also enable the collection and evaluation of those errors, near misses and hazards reported internally that do not fall under point (a).

(c) Through that scheme, the organisation must:

1. identify the causes of, and contributing factors to, the errors, near misses and hazards reported, and address them as part of its safety risk management process in accordance with point 145.A.200(a)(3);

2. ensure an evaluation of all known, relevant information relating to errors, near misses, hazards and the inability to follow procedures, and a method to circulate the information as necessary.

(d) The organisation must make arrangements to ensure the collection of safety issues related to subcontracted activities.

145.A.205     Contracting and subcontracting

(a) The organisation must ensure that when contracting or subcontracting any part of its maintenance activities:

1. the maintenance conforms to the applicable requirements;

2. any aviation safety hazard associated with such contracting or subcontracting is considered as part of the organisation’s management system.

(b) If the organisation subcontracts any part of its maintenance activities to another organisation, the subcontracted organisation must work under the scope of approval of the subcontracting organisation. .

Amendment of Section B of Annex II to Commission Regulation (EU) No 1321/2014

23.  For Section B (procedure for the CAA) (including the section heading) substitute—

SECTION B CAA REQUIREMENTS

145.B.005     Scope

This section establishes the conditions for conducting the certification, oversight and enforcement tasks as well as the administrative and management system requirements to be followed by the CAA.

145.B.115     Oversight documentation

The CAA must provide all the standards, rules, technical publications, and related documents to the relevant personnel in order to allow them to perform their tasks and to discharge their responsibilities.

145.B.120     Means of compliance

(a) The CAA must develop an acceptable means of compliance that may be used to establish compliance with Regulation (EU) 2018/1139.

(b) Alternative means of compliance may be used by an organisation to establish compliance with this Regulation when approved by the CAA.

145.B.135     Immediate reaction to a safety problem

(a) Without prejudice to Regulation (EU) No 376/2014, the CAA must implement a system to appropriately collect, analyse and disseminate safety information.

(b) Upon receiving the information referred to in point (a), the CAA must take adequate measures to address the safety problem.

(c) The CAA must immediately notify measures taken under point (b) to all organisations which need to comply with them under Regulation (EU) 2018/1139.

145.B.200     Management system

(a) The CAA must establish and maintain a management system, including as a minimum:

1. policies and procedures set out in writing and kept on record to describe its organisation and the means and methods for establishing compliance with Regulation (EU) 2018/1139. The procedures must be kept up to date, and serve as the basic working documents within the CAA for all its related tasks;

2. a sufficient number of personnel to perform its tasks and discharge its responsibilities. A system must be in place to plan the availability of personnel in order to ensure the proper completion of all tasks;

3. personnel that are qualified to perform their allocated tasks and that have the necessary knowledge and experience and receive initial and recurrent training to ensure continuing competency;

4. adequate facilities and office accommodation for personnel to perform their allocated tasks;

5. a function to monitor the compliance of the management system with the relevant requirements, and the adequacy of the procedures, including the establishment of an internal audit process and a safety risk management process. Compliance monitoring must include a system for feedback of audit findings to the senior management of the CAA to ensure the implementation of corrective actions as necessary;

6. a person or group of persons having a responsibility to the senior management of the CAA for the compliance monitoring function.

(b) The CAA must, for each field of activity, including the management system, appoint one or more persons with the overall responsibility for the management of the relevant tasks.

145.B.205     Allocation of tasks to qualified entities

(a) The CAA may allocate tasks, related to the initial certification or to the continuing oversight of organisations subject to Regulation (EU) 2018/1139 to qualified entities. When allocating tasks, the CAA must ensure that it has:

1. put a system in place to initially and continuously assess whether the qualified entity complies with Annex VI to Regulation (EU) 2018/1139;

2. established a written agreement with the qualified entity, approved by both parties at the appropriate management level, which stipulates:

(i) the tasks to be performed;

(ii) the declarations, reports and records to be provided;

(iii) the technical conditions to be met when performing such tasks;

(iv) the related liability coverage;

(v) the protection given to the information acquired when carrying out such tasks.

(b) The CAA must ensure that the internal audit process and safety risk management process established pursuant to point 145.B.200(a)(5) cover all the certification and continuing oversight tasks performed by the qualified entity on its behalf.

145.B.210     Changes in the management system

(a) The CAA must have a system in place to identify the changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139. That system must enable the CAA to take action necessary to ensure that its management system remains adequate and effective.

(b) The CAA must update its management system in a timely manner to reflect any changes to Regulation (EU) 2018/1139 to ensure its effective implementation.

145.B.220     Record keeping

(a) The CAA must establish a record-keeping system that allows the adequate storage, accessibility and reliable traceability of:

1. the management system’s documented policies and procedures;

2. the training, qualifications and authorisations of its personnel;

3. the allocation of tasks, covering the elements required by point 145.B.205, as well as the details of tasks allocated;

4. certification processes and continuing oversight of certified organisations, including:

(i) the application for an organisation certificate;

(ii) the CAA’s continuing oversight programme, including all the assessments, audits and inspection records;

(iii) the organisation certificate, including any changes to it;

(iv) a copy of the oversight programme, listing the dates when audits are due and when audits were carried out;

(v) copies of all formal correspondence;

(vi) recommendations for the issue or continuation of a certificate, details of findings and actions taken by the organisations to close those findings, including the date of closure, enforcement actions and observations;

(vii) any assessment, audit and inspection report issued by a competent authority of a third country;

(viii) copies of all the organisation MOEs or manuals, and of any amendments to them;

(ix) copies of any other documents approved by the CAA;

5. documents supporting the use of alternative means of compliance;

6. safety information provided in accordance with point 145.B.125 and follow-up measures;

7. the use of safeguard and flexibility provisions in accordance with Articles 70, 71(1) and 76(4) of Regulation (EU) 2018/1139.

(b) The CAA must maintain a list of all the organisation certificates it has issued.

(c) All the records referred to in points (a) and (b) must be kept for a minimum period of 5 years, subject to data protection law.

145.B.300     Oversight principles

(a) The CAA must verify:

1. compliance with the requirements that are applicable to organisations, prior to issuing an organisation certificate;

2. continued compliance with the applicable requirements of the organisations it has certified;

3. the implementation of appropriate safety measures mandated by the CAA in accordance with point 145.B.135(c).

(b) This verification must:

1. be supported by documentation specifically intended to provide personnel responsible for oversight with guidance to perform their functions;

2. provide the organisations concerned with the results of oversight activities;

3. be based on assessments, audits and inspections and, if needed, unannounced inspections;

4. provide the CAA with the evidence needed in case further action is required, including the measures provided for in point 145.B.350.

(c) The CAA must establish the scope of the oversight set out in points (a) and (b) taking into account the results of past oversight activities and the safety priorities.

(d) The CAA must collect and process any information deemed necessary for performing oversight activities.

145.B.305     Oversight programme

(a) The CAA must establish and maintain an oversight programme covering the oversight activities required by point 145.B.300.

(b) The oversight programme must take into account the specific nature of the organisation, the complexity of its activities, and the results of past certification and oversight activities, and it must be based on the assessment of the associated risks. It must include, within each oversight planning cycle:

1. assessments, audits and inspections, including, as appropriate:

(i) management system assessments and process audits;

(ii) product audits of a relevant sample of the maintenance carried out by the organisation;

(iii) sampling of the airworthiness reviews performed;

(iv) unannounced inspections;

2. meetings convened between the accountable manager and the CAA to ensure that both parties remain informed of all significant issues.

(c) The oversight planning cycle must not exceed 24 months.

(d) Notwithstanding point (c), the oversight planning cycle may be extended to 36 months if the CAA has established that during the previous 24 months:

1. the organisation has demonstrated that it can effectively identify aviation safety hazards and manage the associated risks;

2. the organisation has continuously demonstrated compliance with point 145.A.85 and it has full control over all changes;

3. no level 1 findings have been issued;

4. all corrective actions have been implemented within the time period that was accepted or extended by the CAA as provided for in point 145.B.350.

(e) Notwithstanding points (c) and (d), the oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the conditions provided in points (d)(1) to (4), the organisation has established, and the CAA has approved, an effective continuous system for reporting to the CAA on the safety performance and regulatory compliance of the organisation itself.

(f) The oversight planning cycle may be shortened if there is evidence that the safety performance of the organisation has decreased.

(g) The oversight programme must include records of the dates when assessments, audits, inspections and meetings are due, and when assessments, audits, inspections and meetings have been effectively carried out.

(h) At the completion of each oversight planning cycle, the CAA must issue a recommendation report on the continuation of the approval, reflecting the results of the oversight.

145.B.310     Initial certification procedure

(a) Upon receiving an application from an organisation for the initial issue of a certificate, the CAA must verify the organisation’s compliance with the applicable requirements.

(b) The CAA must convene a meeting with the accountable manager of the applicant at least once during the investigation for initial certification to ensure that that person understands their role and accountability.

(c) The CAA must record all the findings issued, closure actions as well as the recommendations for the issue of the certificate.

(d) The CAA must confirm to the organisation in writing all the findings raised during the verification. For initial certification, all findings must be corrected to the satisfaction of the CAA before the certificate can be issued.

(e) When satisfied that the organisation complies with the applicable requirements, the CAA may:

1. issue the certificate in Appendix III (CAA Form 3-145) in accordance with the class and rating system provided for in Appendix II;

2. formally approve the MOE.

(f) The certificate reference number must be included on the CAA Form 3-145 certificate.

(g) The certificate must be issued for an unlimited duration. The privileges and the scope of the activities that the organisation is approved to conduct, including any limitations as applicable, must be specified in the terms of approval attached to the certificate.

(h) To enable the organisation to implement changes without prior CAA approval in accordance with point 145.A.85(c), the CAA must approve the relevant MOE procedure that sets out the scope of such changes and describes how such changes will be managed and notified to the CAA.

145.B.330     Changes – organisations

(a) Upon receiving an application for a change that requires prior approval, the CAA must verify the organisation’s compliance with the applicable requirements before issuing the approval.

(b) The CAA must establish the conditions under which the organisation may operate during the change unless the CAA determines that the organisation’s certificate needs to be suspended.

(c) When it is satisfied that the organisation complies with the applicable requirements, the CAA must approve the change.

(d) Without prejudice to any additional enforcement measures, if the organisation implements changes requiring prior approval without having received the approval of the CAA pursuant to point (c), the CAA must consider the need to suspend, limit or revoke the organisation’s certificate.

(e) For changes not requiring prior approval, the CAA must include the review of such changes in its continuing oversight in accordance with the principles set out in point 145.B.300. If any non-compliance is found, the CAA may notify the organisation, request further changes, and act in accordance with point 145.B.350.

145.B.350     Findings and corrective actions; observations

(a) The CAA must have a system in place to analyse findings for their safety significance.

(b) The CAA must issue a level 1 finding when any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the organisation’s certificate including the terms of approval, which lowers safety or seriously endangers flight safety.

(c) Level 1 findings include:

1. any failure to grant the CAA access to the organisation’s facilities referred to in point 145.A.140 during normal operating hours and after two written requests;

2. obtaining the organisation certificate or maintaining its validity by falsification of the submitted documentary evidence;

3. any evidence of malpractice or fraudulent use of the organisation certificate;

4. the lack of an accountable manager.

(d) The CAA must issue a level 2 finding when any non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the organisation’s certificate including the terms of approval, which is not classified as a level 1 finding.

(e) Where a finding is detected during oversight or by any other means, the CAA must, without prejudice to any additional action required by Regulation (EU) 2018/1139, communicate the finding in writing to the organisation and request corrective action to address the non-compliance identified.

1. Where there are any level 1 findings, the CAA must take immediate and appropriate action to prohibit or limit the activities of the organisation involved and, if appropriate, it must take action to revoke the certificate or to limit or suspend it in whole or in part, depending on the extent of the level 1 finding, until successful corrective action has been taken by the organisation.

2. Where there are any level 2 findings, the CAA must:

(i) grant the organisation a corrective action implementation period appropriate to the nature of the finding which must not be more than 3 months. The period must commence from the date of the written communication referred to in point (e). The CAA may extend the corrective action implementation period referred to in point (e) provided the relevant organisation has agreed a corrective action plan with the CAA;

(ii) assess the corrective action plan and implementation plan proposed by the organisation and accept them if they are sufficient to address the non-compliance.

3. If the organisation fails to submit an acceptable corrective action plan, or fails to perform the corrective action within the time period accepted or extended by the CAA, the CAA must raise the finding to level 1 and action must be taken as laid down in point (e)(1).

4. The CAA must record all the findings that it has raised or that have been communicated to it and, where applicable, the enforcement measures it has applied, as well as all corrective actions and the dates of the action closures for all the findings.

(f) The CAA may issue observations for any of the following cases not requiring level 1 or level 2 findings:

1. for any item whose performance has been assessed to be ineffective;

2. when it has been identified that an item has the potential to cause a non-compliance under point (b) or (d);

3. when suggestions or improvements are of interest for the overall safety performance of the organisation.

(g) The CAA must communicate the observations issued under this point in writing to the organisation and must keep a record of those observations.

145.B.355     Suspension, limitation and revocation

The CAA must:

(a) suspend a certificate where it considers that there are reasonable grounds to believe that such action is necessary to prevent a credible threat to aircraft safety;

(b) suspend, revoke or limit a certificate where such action is required pursuant to point 145.B.350;

(c) suspend or limit in whole or in part a certificate where unforeseeable circumstances outside the control of the CAA prevent its inspectors from discharging their oversight responsibilities over the oversight planning cycle. .

Amendment of Appendix II to Annex II to Commission Regulation (EU) No 1321/2014

24.  For Appendix II substitute—

APPENDIX II CLASS AND RATING SYSTEM FOR THE TERMS OF APPROVAL OF PART-145 MAINTENANCE ORGANISATIONS

(a)

Except as stated otherwise for the smallest organisations referred to in point (m), the table in point (l) provides the possible classes and ratings to be used to establish the terms of approval of the certificate of the organisation approved in accordance with Annex II (Part-145). An organisation must be granted terms of approval that range from a single class and rating with limitations to all classes and ratings with limitations.

(b)

In addition to the table in point (l), each maintenance organisation is required to indicate its scope of work in its MOE.

(c)

Within the approval classes and ratings established by the CAA, the scope of work specified in the MOE defines the exact limits of its approval. It is therefore essential that the approval classes and ratings and the organisation’s scope of work match.

(d)

A “ category A class rating ” means that the maintenance organisation may carry out maintenance on aircraft and components (including engines, auxiliary power units (APUs) or both), in accordance with the aircraft maintenance data or, if agreed by the CAA, in accordance with the component maintenance data, only while such components are fitted to the aircraft. Nevertheless, such an A-rated maintenance organisation may temporarily remove a component for maintenance in order to improve access to that component, except when its removal generates the need for additional maintenance that the organisation is not approved to perform. Such removal of component for maintenance by A-rated maintenance organisation must be subject to an appropriate control procedure in the MOE. The limitation column must specify the scope of such maintenance in order to indicate the extent of the approval.

(e)

Category A class ratings are subdivided into “Base” or “Line” maintenance categories. Such an organisation may be approved for either “Base” or “Line” maintenance, or both. It should be noted that a “Line” facility located at a main base facility requires a “Line” maintenance approval.

(f)

A “ category B class rating ” means that the maintenance organisation may carry out maintenance on uninstalled engines, APUs and engines, APU components or a combination of them, in accordance with the engine or APU maintenance data or both, or, if agreed by the CAA, in accordance with the component maintenance data, only while such components are fitted to the engine, the APU or both. Nevertheless, such a B-rated approved maintenance organisation may temporarily remove a component for maintenance in order to improve access to that component, except when its removal generates the need for additional maintenance that the organisation is not approved to perform. The limitation column must specify the scope of such maintenance, thereby indicating the extent of the approval. A maintenance organisation that is approved with a category B class rating may also carry out maintenance on an installed engine during aircraft base and line maintenance, provided that an appropriate control procedure in the MOE has been approved by the CAA. The scope of work in the MOE must reflect those activities if they are permitted by the CAA.

(g)

A “ category C class rating ” means that the maintenance organisation may carry out maintenance on uninstalled components (excluding complete engines and APUs) that are intended to be fitted on the aircraft or the engine or APU. The limitation column must specify the scope of such maintenance, thereby indicating the extent of the approval. A maintenance organisation that is approved with a category C class rating may also carry out maintenance on an installed component (other than a complete engine or APU) during aircraft base and line maintenance, or at an engine or APU maintenance facility provided that an appropriate control procedure in the MOE has been approved by the CAA. The scope of work in the MOE must reflect those activities if they are permitted by the CAA.

(h)

A “ category D class rating ” means a self-contained class rating that is not necessarily related to a specific aircraft, engine or other component. The D1 – Non-Destructive Testing (“ NDT ”) rating is only necessary for a maintenance organisation that carries out NDT as a particular task for another organisation. A maintenance organisation that is approved with a class rating in the A, B or C category may carry out NDT on products that it maintains without the need for a D1 class rating provided that the MOE contains appropriate NDT procedures.

(i)

The limitation column is intended to give the CAA the flexibility to customise an approval for any particular organisation. Ratings may only be mentioned on the approval if they are appropriately limited. The table in point (l) specifies the types of limitations that are possible. It is acceptable to stress in the limitation column the maintenance task rather than the type or manufacturer of the aircraft or engine, if that is more appropriate to the organisation (an example could be avionics systems installations and the related maintenance). If that is mentioned in the limitation column, it indicates that the maintenance organisation is approved to carry out maintenance up to and including that particular type or task.

(j)

When reference is made to the series, type and group in the limitation column of class A and B, it must be understood as follows:

series ” means a specific type series such as the Airbus 300, 310, 319, the Boeing 737-300 series, RB211-524 series, Cessna 150, Cessna 172, Beech 55 series or the Continental O-200 series;

type ” means a specific type or model such as the Airbus 310-240 type, the RB 211-524 B4 type, or the Cessna 172RG type. Any number of series or types may be quoted;

group ” means, for example, Cessna single piston engine aircraft or Lycoming non-supercharged piston engines, etc.

(k)

By way of derogation from point 145.A.85(a)(1), where a component capability list is used that could be subject to frequent amendments, then the organisation may propose to include such amendments in the procedure referred to in point 145.A.85(c) for changes not requiring prior approval.

(l)

Limitation

CLASS RATING LIMITATION BASE LINE
AIRCRAFT

A1

Aeroplanes above 5,700kg maximum take- off mass (MTOM)

[Must state the aeroplane manufacturer or the group or series or type and/or the maintenance tasks]

Example: Airbus A320 Series

[YES/NO](*) [YES/NO](*)

A2

Aeroplanes of 5,700kg MTOM and below

[Must state the aeroplane manufacturer or the group or series or type and/or the maintenance tasks]

Example: DHC-6 Twin Otter Series

State whether the issuing of airworthiness review certificates is authorised (only possible for aircraft covered by Annex Vb (Part-ML))

[YES/NO](*) [YES/NO](*)

A3

Helicopters

[Must state the helicopter manufacturer or the group or series or type and/or the maintenance task(s)]

Example: Robinson R44

State whether the issuing of airworthiness review certificates is authorised (only possible for aircraft covered by Annex Vb (Part-ML))

[YES/NO](*) [YES/NO](*)

A4

Aircraft other than A1, A2 and A3 aircraft

[Must state the aircraft category (sailplane, balloon, airship, etc.), the manufacturer or group or series or type and/or the maintenance task(s)]

State whether the issuing of airworthiness review certificates is authorised (only possible for aircraft covered by Annex Vb (Part-ML))

[YES/NO](*) [YES/NO](*)
ENGINES

B1

Turbine

[Must state the engine series or type and/or the maintenance task(s)]

Example: PT6A Series

B2

Piston

[Must state the engine manufacturer or group or series or type and/or the maintenance task(s)]

B3

APU

[Must state the engine manufacturer or series or type and/or the maintenance task(s)]
COMPONENTS OTHER THAN COMPLETE ENGINES OR APUs C1 Air Cond & Press

[Must state the aircraft type or aircraft manufacturer or component manufacturer or the particular component and/or cross-refer to a capability list in the exposition and/or the maintenance task(s)]

Example: PT6A Fuel Control

C2 Auto Flight
C3 Comms and Nav
C4 Doors — Hatches
C5 Electrical Power & Lights
C6 Equipment
C7 Engine – APU
C8 Flight Controls
C9 Fuel
C10 Helicopter – Rotors
C11 Helicopter – Trans
C12 Hydraulic Power
C13 Indicating – recording system
C14 Landing Gear
C15 Oxygen
C16 Propellers
C17 Pneumatic & Vacuum
C18 Protection ice/rain/fire
C19 Windows
C20 Structural
C21 Water ballast
C22 Propulsion Augmentation
SPECIALISED SERVICES D1 Non-Destructive Testing [Must state particular NDT method(s)]

(*)

Delete as appropriate.

(m)

A maintenance organisation which employs only one person to both plan and carry out all maintenance activities can only hold limited terms of approval. The maximum permissible limits are as follows.

(n)

It should be noted that such an organisation may be further limited by the CAA in the terms of approval depending on the capabilities of the particular organisation. .

Amendment of Annex III to Commission Regulation (EU) No 1321/ 2014

25.  Annex III (Part-66) is amended in accordance with regulations 26 to 28.

Amendment of Section A of Annex III to Commission Regulation (EU) 1321/2014

26.  In Section A (technical requirements), in Subpart A (aircraft maintenance licence)—

(a) for point 66.A.20(b)(1) substitute—

1.   in compliance with the applicable requirements of Annex I (Part-M), Annex II (Part-145), Annex Vb (Part-ML) and Annex Vd (Part-CAO); and ;

(b) in point 66.A.25(a), for “categories B2L and” substitute “category”.

Amendment of Section B of Annex III to Commission Regulation (EU) No 1321/2014

27.—(1) Section B (procedures for the CAA) is amended as follows.

(2) In Subpart B (issue of an aircraft maintenance licence), in point 66.B.120(b)(2), for “or Annex II (Part-145)” substitute “, Annex II (Part-145) or Annex Vd (Part-CAO)”.

(3) In Subpart E (examination credits), in the words before point 66.B.400, for “66.A.25(c)” substitute “66.A.25(e)”.

(4) In Subpart F (continuing oversight), for point 66.B.500(8) substitute—

8.   issuing a certificate of release to service while not in compliance with this Regulation. .

Amendment of Appendix V to Annex III to Commission Regulation (EU) No 1321/2014

28.  In Appendix V (application form – CAA Form 19), in point (2), for “Annex I (Part-M) and Annex II (Part-145)” substitute “this Regulation”.

Amendment of Annex Vb to Commission Regulation (EU) No 1321/2014

29.—(1) In Annex Vb (Part-ML), Section A (technical requirements) is amended as follows.

(2) In Subpart D (maintenance standards), for point ML.A.401(b) substitute—

(b) For the purposes of this Annex, “ applicable maintenance data ” means any of the following:

1. any applicable requirement, procedure, standard or information issued by the CAA;

2. any applicable AD;

3. the applicable ICA and other maintenance instructions, issued by the type-certificate holder, supplementary type-certificate holder and any other organisation that publishes such data in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012;

4. for components approved for installation by the design approval holder, the applicable maintenance instructions published by the component manufacturers and acceptable to the design approval holder;

5. any applicable data issued in accordance with point 145.A.45(d). .

(3) In Subpart E (components)—

(a) in point ML.A.501(a), for “and Annex I (Part-21)” substitute “or in point 21.A.307 of Annex I (Part-21)”;

(b) in point ML.A.502(a)—

(i) for “point (c) of point 21.A.307” substitute “point 21.A.307(b)(2)”;

(ii) for “point 21.A.307(c)” substitute “point 21.A.307(b)(2)”;

(c) after point ML.A.502(b) insert—

(c) Components which are referred to in points (b)(3) to (6) of point 21.A.307 of Annex I (Part-21) to Regulation (EU) No 748/2012 may be maintained by any person or organisation. In such case, by way of derogation from point (b), the maintenance of those components must be released with a “declaration of maintenance accomplished” issued by the person or organisation that performed the maintenance. The “declaration of maintenance accomplished” must contain at least basic details of the maintenance carried out, the date on which the maintenance was completed, and the identification of the organisation that issues it. It is to be considered a maintenance record and equivalent to a CAA Form 1 in respect of the maintained component. .

(4) In Subpart H (certification of release to service (CRS)), for point ML.A.802(a) substitute—

Except for cases covered by point (c) of point ML.A.502, a component CRS must be issued after the required maintenance work has been properly carried out on an aircraft component in accordance with point ML.A.502. .

(5) In Subpart I (airworthiness review certificate (‘ARC’)), in point ML.A.906(a), after “third country” insert “, or from a regulatory system where Regulation (EU) 2018/1139 does not apply,”.

Amendment of Appendix IV to Annex Vb to Commission Regulation (EU) No 1321/2014

30.  In Appendix IV to Annex Vb, for CAA Form 15c (airworthiness review certificate) substitute—

Amendment of Annex Vd to Commission Regulation (EU) No 1321/2014

31.—(1) Annex Vd (Part-CAO) is amended as follows.

(2) In Section A (organisational requirements)—

(a) in point CAO.A.045(a)(2)—

(i) after “or equivalent or” insert “they acquired”;

(ii) for “in addition to the” substitute “in addition to that”;

(b) in point CAO.A.105(a), for the words before point (1) substitute—

(a) In order to enable the CAA to determine continued compliance with this Annex, the CAO must notify it of any proposal to carry out any of the following changes, before such changes take place: .

Amendment of Commission Regulation (EU) 2018/395 (Balloons)

32.—(1) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons as well as for the flight crew licensing for balloons( 6) is amended as follows.

(2) In Article 3b (Existing pilot licences and national medical certificates), in paragraph 3, for “8 December 2023” substitute “30 September 2025”.

(3) In Article 3c (Credit for training that commenced prior to the date of application of this Regulation), in paragraph 2, for “8 December 2023” substitute “30 September 2025”.

Amendment of Commission Implementing Regulation (EU) 2018/1976 (Sailplanes)

33.—(1) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes as well as for the flight crew licensing for sailplanes( 7) is amended as follows.

(2) In Article 3b (Existing pilot licences and national medical certificates), in paragraph 3, for “8 December 2023” substitute “30 September 2025”.

(3) In Article 3c (Credit for training that commenced prior to the date of application of this regulation), in paragraph 2, for “8 December 2023” substitute “30 September 2025”.

Signed by authority of the Secretary of State for Transport

Vere

Parliamentary Under Secretary of State

Department for Transport

At 12.00 p.m. on 30th May 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to retained EU law in the field of aviation safety, specifically to implementing rules, using powers conferred by Regulation (EU) 2018/1139 of 4 July 2018 on common rules in the field of civil aviation.

Regulations 2 to 11 amend Commission Regulation (EU) No 748/2012(initial airworthiness) to implement International Civil Aviation Organization (“ ICAO”) standards set out in Annex 19 to the Chicago Convention of 7th December 1944. These require organisations designing or producing aircraft, engines and components to implement a Safety Management System (“ SMS”) and make a number of amendments to detailed technical requirements set out in the Regulation. In particular they introduce a requirement for organisations holding a type-certificate for a product or part to produce a standardised set of instructions on maintaining it to ensure continued airworthiness, and an alleviation from certain requirements for new aircraft parts where the Civil Aviation Authority (“ the CAA”) determines there is no impact on safety; they also align the provisions of Regulation (EU) No 748/2012 to provisions regarding ageing aircraft introduced by Commission Regulation (EU) 2015/640 (airworthiness specifications).

Regulations 12 to 31 amend Commission Regulation (EU) No 1321/2014(continuing airworthiness) to require maintenance organisations to implement an SMS to bring into effect ICAO standards set out in Annex 19 to the Chicago Convention. These changes mirror those mentioned above in relation to Commission Regulation (EU) 748/2012 on initial airworthiness.

Regulation 32 amends Articles 3b and 3c of Commission Regulation (EU) 2018/395 (“ the Balloons Regulation”). It extends the date in Article 3b of the Balloons Regulation, by which a balloon licence issued by the CAA under the Air Navigation Order 2016 ( S.I. 2016/765) must be replaced with a balloon licence (BPL) issued in accordance with the Balloons Regulation, from 8th December 2023 to 30th September 2025. It also extends the deadline in Article 3c of the Balloons Regulation, by which training for the issue of a balloon licence must have been commenced to be credited towards the issue of a BPL, from 8th December 2023 to 30th September 2025.

Regulation 33 amends Articles 3b and 3c of Commission Regulation (EU) 2018/1976 (“ the Sailplanes Regulation”). It extends the date in Article 3b of the Sailplanes Regulation by which a sailplane certificate issued by the British Gliding Association (BGA) must be replaced with a sailplane licence (SPL) issued in accordance with the Sailplanes Regulation, from 8th December 2023 to 30th September 2025. It also extends the deadline in Article 3c of the Sailplanes Regulation, by which training for the issue of a sailplane certificate must have been commenced in order to be credited towards the issue of an SPL under the Sailplanes Regulation, from 8th December 2023 to 30th September 2025.

A full impact assessment has not been produced for this instrument. However a De Minimis Assessment was conducted and no, or no significant impact on the private, voluntary or public sector is foreseen. The changes contained in this instrument were subject to separate impact assessments carried out during consultation by the European Union Aviation Safety Agency. The consultation documents containing the impact assessments can be found at https://www.easa.europa.eu/en/document-library/notices-of-proposed-amendment/npa-2019-05. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk.

( 1)

EUR 2018/1139, amended by S.I. 2019/645and 2022/637.

( 2)

EUR 2012/748, amended by S.I. 2019/645, 2020/1116and 2022/1235.

( 3)

The first edition of Annex 16, Volume 3, to the Chicago Convention, 2017. Electronic Annex 16 — Environmental Protection, Volume III (icao.int). Hardcopy Annex 16 - Environmental Protection - Volume III - Aeroplane CO2 Emissions | ICAO Store. To inspect a hardcopy at CAA premises emailOGCMailbox@caa.co.ukor write to The CAA, Legal Department, Aviation House, Beehive Ring Road, Crawley, West Sussex, RH6 0YR or The CAA, Legal Department, Westferry Circus Canary Wharf, London E14 4HD.

( 4)

Convention on International Civil Aviation, ninth edition, 2006 (Doc 7300/9). Treaty Series No. 8 (1953); Cmd 8742. ElectronicConvention on International Civil Aviation. Ninth Edition - 2006 (icao.int)or consolidated electronic versionConvention on International Civil Aviation - Doc 7300 (icao.int). To inspect a hardcopy at CAA premises emailOGCMailbox@caa.co.ukor write to The CAA, Legal Department, Aviation House, Beehive Ring Road, Crawley, West Sussex, RH6 0YR or The CAA, Legal Department, Westferry Circus Canary Wharf, London E14 4HD.

( 5)

EUR 2008/1008, amended by S.I. 2018/1392.

( 6)

EUR 2018/395, amended by S.I. 2019/1098, 2020/1116, 2021/10, 2021/1203and 2022/637.

( 7)

EUR 2018/1976, amended by S.I. 2019/1098, 2020/1116, 2021/10, 2021/1203and 2022/637.

( 8)

EUR 2015/640, amended by S.I. 2019/645, S.I. 2019/1098and S.I. 2021/1203.

( 9)

EUR 965/2012, as amended by S.I. 2019/645; S.I 2020/1116; S.I. 2021/614; S.I. 2021/1203and S.I. 2022/1235.


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