5.8.2022   

EN

Official Journal of the European Union

L 205/115

COMMISSION IMPLEMENTING REGULATION (EU) 2022/1360

of 28 July 2022

amending Regulation (EU) No 1321/2014 as regards the implementation of more proportionate requirements for aircraft used for sport and recreational aviation

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 17(1) and Article 62(14) and (15) thereof,

Whereas:

(1)

Commission Regulation (EU) No 1321/2014 (2) lays down the requirements for the continuing airworthiness of aircraft, including the requirements for the installation of components on/in the aircraft.

(2)

Commission Delegated Regulation (EU) 2022/1358 (3) introduced a new Annex Ib (Part 21 Light) to Commisson Regulation (EU) No 748/2012 (4) to provide greater proportionality for aircraft used for sport and recreational aviation.

(3)

Certain data and information used for continuing airworthiness activities under Regulation (EU) No 1321/2014 is to be provided by the entity responsible for the design in accordance with Regulation (EU) No 748/2012. Regulation (EU) No 1321/2014 therefore needs to be amended to include also references to such data and information established in accordance with the new Annex Ib to Regulation (EU) No 748/2012.

(4)

Regulation (EU) No 1321/2014 specifically refers to the entities responsible for the design as established in accordance with Annex I to Regulation (EU) No 748/2012. The new Annex Ib to that Regulation introduces a new category of entity that can be responsible for the design and which should be also reflected in Regulation (EU) No 1321/2014.

(5)

Regulation (EU) No 1321/2014 should therefore be amended.

(6)

The measures provided for in this Regulation are in accordance with Opinion No 05/2021 of the European Union Aviation Safety Agency (5) in accordance with Articles 75(2)(b) and 76(1) of Regulation (EU) 2018/1139.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 1321/2014 is amended as follows:

(1)

Annex I (Part-M) is amended in accordance with Annex I to this Regulation;

(2)

Annex II (Part-145) is amended in accordance with Annex II to this Regulation;

(3)

Annex III (Part-66) is amended in accordance with Annex III to this Regulation;

(4)

Annex Vb (Part-ML) is amended in accordance with Annex IV to this Regulation;

(5)

Annex Vc (Part-CAMO) is amended in accordance with Annex V to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 25 August 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 July 2022.

For the Commission

The President

Ursula VON DER LEYEN

(1)  OJ L 212, 22.8.2018, p. 1.

(2)  Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).

(3)  Commission Delegated Regulation (EU) 2022/1358 of 2 June 2022 amending Regulation (EU) No 748/2012 as regards the implementation of more proportionate requirements for aircraft used for sport and recreational aviation (OJ L 205, 5.8.2022, p. 7).

(4)  Commission Regulation (EU) No 748/2012 of 3 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 (OJ L 224, 21.8.2012, p. 1).

(5)  Opinion No 05/2021 of 22 October 2021 of the European Union Aviation Safety Agency, Part 21 Light – Certification and declaration of design compliance of aircraft used for sport and recreational aviation and related products and parts, and declaration of design and production capability of organisations, https://www.easa.europa.eu/document-library/opinions/opinion-052021

ANNEX I

Annex I (Part-M) to Commission Regulation (EU) No 1321/2014 is amended as follows:

(1)

point M.A.302 is amended as follows:

(i)

point (d) is replaced by the following:

‘(d)

The AMP shall demonstrate compliance with:

(1)

the instructions issued by the competent authority;

(2)

the instructions for continuing airworthiness:

(i)

issued by the holders of the type certificate, restricted type certificate, supplemental type certificate, major repair design approval, ETSO authorisation or the declarant of a declaration of design compliance or the holder of any other relevant approval issued under Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;

(ii)

included in the certification specifications referred to in point 21.A.90B or 21.A.431B of Annex I (Part 21) to Regulation (EU) No 748/2012, if applicable;

(iii)

included in the certification specifications referred to in point 21L.A.62, 21L.A.102, 21L.A.202 or 21L.A.222 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012, if applicable;’;

(ii)

point (h) is replaced by the following:

‘(h)

The AMP shall be subject to periodic reviews and be amended accordingly when necessary. Those reviews shall ensure that the AMP continues to be up to date and valid in light of the operating experience and instructions from the competent authority, while taking into account new or modified maintenance instructions issued by the type-certificate and supplemental type-certificate holders, declarant of a declaration of design compliance and any other organisation that publishes such data in accordance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’;

(2)

point M.A.304 is replaced by the following:

‘M.A.304 Data for modifications and repairs

A person or organisation repairing an aircraft or a component, shall assess any damage. Modifications and repairs shall be carried out using, as appropriate, the following data:

(a)

approved by the Agency;

(b)

approved by a design organisation complying with Annex I (Part 21) to Regulation (EU) No 748/2012;

(c)

contained in the requirements referred to in point 21.A.90B or 21.A.431B of Annex I (Part 21) to Regulation (EU) No 748/2012;

(d)

contained in the requirements referred to in point 21L.A.62, 21L.A.102, 21L.A.202 or 21L.A.222 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;

(e)

declared by a declarant of a declaration of design compliance complying with Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’;

(3)

point (e)3 in point M.A.305 is replaced by the following:

‘3.

data specific to certain components:

(i)

an in-service history record for each life-limited part based on which the current status of compliance with airworthiness limitations is determined;

(ii)

the CRS and detailed maintenance records for the last accomplishment of any scheduled maintenance and any subsequent unscheduled maintenance of all life-limited parts and time-controlled components until the scheduled maintenance has been superseded by another scheduled maintenance of equivalent scope and detail but covering a period not shorter than 36 months;

(iii)

the CRS and owner’s acceptance statement for any component that is fitted to an ELA2 aircraft without an EASA Form 1 in accordance with point 21.A.307(b)(2) of Annex I (Part 21) to Regulation (EU) No 748/2012 but covering a period not shorter than 36 months;

(iv)

the CRS and owner’s acceptance statement for any component that is fitted to an aircraft without an EASA Form 1 in accordance with point 21L.A.193(b)(2) of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 but covering a period not shorter than 36 months.’;

(4)

point (b) in point M.A.401 is replaced by the following:

‘(b)

For the purposes of this Annex, applicable maintenance data is any of the following:

(1)

any applicable requirement, procedure, standard or information issued by the competent authority or the Agency;

(2)

any applicable airworthiness directive;

(3)

the applicable instructions for continuing airworthiness and other maintenance instructions, issued by the type-certificate holder, supplemental type-certificate holder, a declarant of a declaration of design compliance and any other organisation that publishes such data in accordance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;

(4)

for components approved for installation by the design approval holder or declarant of a declaration of design compliance, the applicable maintenance instructions published by the component manufacturers and acceptable to the design approval holder or declarant of a declaration of design compliance;

(5)

any applicable data issued in accordance with point 145.A.45(d).’;

(5)

point (a)(1) in point M.A.501 is replaced by the following:

‘(1)

Components which are in a satisfactory condition, released on an EASA Form 1 or equivalent and marked in accordance with Subpart Q of Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012, unless otherwise specified in point 21.A.307 of Annex I (Part 21) or point 21L.A.193 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 or in this Annex (Part-M) or in Annex Vd (Part-CAO).’;

(6)

point M.A.502 is amended as follows:

(i)

point (a) is replaced by the following:

‘(a)

The maintenance of components other than the components referred to in points (b)(2) to (b)(6) of point 21.A.307 of Annex I (Part 21) or, as applicable, points (b)(2) to (b)(6) of point 21L.A.193 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 shall be performed by maintenance organisations approved in accordance with Subpart F of this Annex or with Annex II (Part-145) or with Annex Vd (Part-CAO), as applicable.’;

(ii)

point (d) is replaced by the following:

‘(d)

The maintenance of components referred to in point (b)(2) of point 21.A.307 of Annex I (Part 21) or in point (b)(2) of point 21L.A.193 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012, where the component is fitted to the aircraft or is temporarily removed to improve access, shall be performed by an aircraft maintenance organisation approved in accordance with Subpart F of this Annex or with Annex II (Part-145) or with Annex Vd (Part-CAO), as applicable, by the certifying staff referred to in point (b)(1) of point M.A.801 or by the pilot-owner referred to in point (b)(2) of point M.A.801. Component maintenance performed in accordance with this point shall not be eligible for the issuance of an EASA Form 1 and shall be subject to the aircraft release requirements provided for in point M.A.801.’;

(iii)

point (e) is added:

‘(e)

The maintenance of components referred to in points (b)(3) to (b)(6) of point 21.A.307 of Annex I (Part 21) or in points (b)(3) to (b)(6) of point 21L.A.193 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 shall be performed by the organisation referred to in point (a), or performed by any person or organisation and released with a “declaration of maintenance accomplished” issued by the person or organisation that performed the maintenance. The “declaration of maintenance accomplished” shall contain at least basic details of the maintenance carried out, the date on which the maintenance was completed, and the identification of the organisation or person that issues it. It shall be considered a maintenance record and equivalent to an EASA Form 1 in respect of the maintained component.’;

(7)

point (k)11 in point M.A.901 is replaced by the following:

‘11.

if required, the aircraft holds a noise certificate corresponding to the current configuration of the aircraft in compliance with Subpart I of Annex I (Part 21) or, as applicable, Subpart I of Section A of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’;

(8)

point M.A.903 is amended as follows:

(i)

the title is replaced by the following:

‘M.A.903 Transfer of aircraft registration within the Union’;

(ii)

point (a) is replaced by the following:

‘(a)

When transferring an aircraft registration within the Union, the applicant shall:

(1)

inform the former Member State in which Member State the aircraft will be registered, then;

(2)

apply to the new Member State for the issuance of a new airworthiness certificate in accordance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’;

(9)

point M.A.904 is amended as follows:

(i)

the title is replaced by the following:

‘M.A.904 Airworthiness review of aircraft imported into the Union’;

(ii)

point (a)1 is replaced by the following:

‘1.

apply to the competent authority of the Member State of registry for the issuance of a new airworthiness certificate in accordance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;’;

(iii)

point (d) is replaced by the following:

‘(d)

The competent authority of the Member State of registry shall issue an airworthiness certificate when it is satisfied that the aircraft complies with the requirements of Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’;

(10)

Appendix I is amended as follows:

(i)

points 3 and 4 of point 5.1 are replaced by the following:

‘3.

organise the approval of any modification to the aircraft in accordance with Annex I (Part 21) or, as applicable, with Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 before it is embodied.

In the case of an aircraft subject to a declaration of design compliance, organise the declaration of compliance for any modification in accordance with Subpart F of Section A of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 before it is embodied;

4.

organise the approval of any repair to the aircraft in accordance with Annex I (Part 21) or, as applicable, with Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 before it is carried out.

In the case of an aircraft subject to a declaration of design compliance, organise the declaration of compliance for any repair in accordance with Subpart N of Section A of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 before it is carried out.’

ANNEX II

Annex II (Part-145) to Commission Regulation (EU) No 1321/2014 is amended as follows:

(1)

point 145.A.42 is amended as follows:

(i)

point (a)(i) is replaced by the following:

‘(i)

Components which are in a satisfactory condition, released on an EASA Form 1 or equivalent and marked in accordance with Subpart Q of Annex I (Part 21) or, as applicable, Subpart Q of Section A of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012, unless otherwise specified in point 21.A.307 of Annex I (Part 21) or point 21L.A.193 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012, 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).’;

(ii)

point (b)(iv) is replaced by the following:

‘(iv)

Components which are referred to in point (b)(2) of point 21.A.307 of Annex I (Part 21) or in point (b)(2) of point 21L.A.193 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 shall only be installed if considered eligible for installation by the aircraft owner on their own aircraft.’;

(2)

point (b) of point 145.A.60 is replaced by the following:

‘(b)

The organisation shall report to its competent authority and to the organisation responsible for the design of the aircraft or component:

(i)

any safety-related event or condition of an aircraft or component identified by the organisation which endangers or, if not corrected or addressed, could endanger an aircraft, its occupants or any other person; and

(ii)

in particular any accident or serious incident.’

ANNEX III

Annex III (Part 66) to Commission Regulation (EU) No 1321/2014 is amended as follows:

(1)

point (h)(ii)(3) in point 66.A.45 is replaced by the following:

‘(3)

if the applicant has only provided evidence of 1-year experience in accordance with the derogation contained in point 66.A.30(a)(2b)(ii), the following limitation shall be endorsed on the licence:

‘complex maintenance tasks provided for in Appendix VII to Annex I (Part-M), standard changes provided for in point 21.A.90B of Annex I (Part 21) and points 21L.A.62 and 21L.A.102 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 and standard repairs provided for in point 21.A.431B of Annex I (Part 21) and in point 21L.A.202 or point 21L.A.222 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’

The holder of an aircraft maintenance licence in subcategory B1.2 endorsed with the Group 3 rating, or in category B3 endorsed with the rating “piston engine non-pressurised aeroplanes of 2 000 kg MTOM and below”, is deemed to meet the requirements for the issuance of a licence in subcategories L1 and L2 with the corresponding full ratings and with the same limitations as the B1.2/B3 licence held.’;

(2)

point (b) in point 66.B.130 is replaced by the following:

‘(b)

In the case of type training for airships in Group 1, the courses shall be directly approved by the competent authority in all cases. The competent authority shall have a procedure to ensure that the syllabus of the airship-type training covers all the elements contained in the maintenance data from the design approval holder (DAH) or the declarant of a declaration of design compliance.’

ANNEX IV

Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014 is amended as follows:

(1)

point (c) in point ML.A.302 is replaced by the following

‘(c)

The AMP:

(1)

shall clearly identify the owner of the aircraft and the aircraft to which it relates, including any installed engine and propeller, as applicable;

(2)

shall include, alternatively:

(a)

the tasks or inspections contained in the applicable minimum inspection programme (MIP) referred to in point (d);

(b)

the instructions for continuing airworthiness (ICA) issued by the design approval holder (DAH);

(c)

the ICA issued by the declarant of a declaration of design compliance.’;

(2)

point ML.A.304 is replaced by the following:

‘ML.A.304 Data for modifications and repairs

A person or organisation repairing an aircraft or a component shall assess any damage. Modifications and repairs shall be carried out using the applicable data, that is, as appropriate:

(a)

approved by the Agency;

(b)

approved by a design organisation complying with Annex I (Part 21) to Regulation (EU) No 748/2012;

(c)

contained in the requirements referred to in point 21.A.90B or point 21.A.431B of Annex I (Part 21) to Regulation (EU) No 748/2012;

(d)

contained in the requirements referred to in point 21L.A.62, 21L.A.102, 21L.A.202 or 21L.A.222 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;

(e)

declared by a declarant complying with Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’;

(3)

point (b) in point ML.A.401 is replaced by the following:

‘(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 competent authority or the Agency;

2.

any applicable AD;

3.

the applicable ICA and other maintenance instructions, issued by the type-certificate holder, supplemental type-certificate holder, declarant of a declaration of design compliance and any other organisation that publishes such data in accordance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;

4.

for components approved for installation by the design approval holder or the declarant of a declaration of design compliance, the applicable maintenance instructions published by the component manufacturers and acceptable to the design approval holder or the declarant of a declaration of design compliance;

5.

any applicable data issued in accordance with point 145.A.45(d).’;

(4)

point (a) in point ML.A.501 is replaced by the following:

‘(a)

Unless otherwise specified in Subpart F of Annex I (Part-M), in Annex II (Part-145), in Annex Vd (Part-CAO) to this Regulation or in point 21.A.307 of Annex I (Part 21) or in point 21L.A.193 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012, a component may be fitted only if all of the following conditions are met:

(i)

it is in a satisfactory condition;

(ii)

it has been appropriately released to service using an EASA Form 1 as set out in Appendix II to Annex I (Part-M), or equivalent;

(iii)

it has been marked in accordance with Subpart Q of Annex I (Part 21) or Subpart Q of Section A of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’;

(5)

point ML.A.502 is amended as follows:

(i)

point (a) is replaced by the following:

‘(a)

Components which are accepted by the owner in accordance with point (b)(2) of point 21.A.307 of Annex I (Part 21) or with point (b)(2) of point 21L.A.193 of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 shall be maintained by any person or organisation, subject to reacceptance by the owner under the conditions of point (b)(2) of point 21.A.307 of Annex I (Part 21) or of point (b)(2) of point 21L.A.193 of Annex Ib (Part 21 Light). This maintenance is not eligible for the issuance of an EASA Form 1, as set out in Appendix II to Annex I (Part-M), and shall be subject to the aircraft release requirements.’;

(ii)

point (c) is replaced by the following:

‘(c)

Components which are referred to in points (b)(3) to (b)(6) of point 21.A.307 of Annex I (Part 21) or in points (b)(3) to (b)(6) of point 21L.A.193 of Annex Ib (Part 21 Light) 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 shall be released with a “declaration of maintenance accomplished” issued by the person or organisation that performed the maintenance. The “declaration of maintenance accomplished” shall contain at least basic details of the maintenance carried out, the date on which the maintenance was completed, and the identification of the organisation or person that issues it. It shall be considered a maintenance record and equivalent to an EASA Form 1 in respect of the maintained component.’;

(6)

point (b)(5) in point ML.A.902 is replaced by the following:

‘(5)

a modification or repair to the aircraft or any component fitted to the aircraft is not in compliance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’;

(7)

point ML.A.903 is amended as follows:

(i)

point (a)(6) is replaced by the following:

‘(6)

all modifications and repairs made to the aircraft have been registered and are in compliance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;’;

(ii)

point (a)(11) is replaced by the following:

‘(11)

if required, the aircraft holds a noise certificate corresponding to the current configuration of the aircraft in compliance with Subpart I of Annex I (Part 21) or, as applicable, Subpart I of Section A of Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’;

(8)

point (a)(2) in point ML.A.905 is replaced by the following:

‘(2)

and subsequently apply to the new Member State for the issuance of a new airworthiness certificate in accordance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’;

(9)

point ML.A.906 is amended as follows:

(i)

point (a)(1) is replaced by the following:

‘(1)

apply to the competent authority of the Member State of registry for the issuance of a new airworthiness certificate in accordance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012;’;

(ii)

point (d) is replaced by the following:

‘(d)

A new airworthiness certificate shall be issued by the competent authority of the Member State of registry if the aircraft complies with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012.’;

(10)

Appendix I is amended as follows:

(i)

points (e)(1) (iii) and (iv) are replaced by the following:

‘(iii)

organise the approval of any modification to the aircraft in accordance with Annex I to Regulation (EU) No 748/2012 (Part 21) or, as applicable, Annex Ib (Part 21 Light) before this modification is embodied;

In the case of an aircraft subject to a declaration of design compliance, organise the declaration of compliance for any modification in accordance Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 before it is embodied;

(iv)

organise the approval of any repair to the aircraft in accordance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 (Part 21) before this repair is carried out.

In the case of an aircraft subject to a declaration of design compliance, organise the declaration of compliance for any repair in accordance Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 before it is carried out.’

ANNEX V

Annex Vc (Part-CAMO) to Commission Regulation (EU) No 1321/2014 is amended as follows:

point (b) in point CAMO.A.160 is replaced by the following:

‘(b)

Without prejudice to point (a), the organisation shall ensure that any incident, malfunction, technical defect, exceeding of technical limitations, occurrence that would highlight inaccurate, incomplete or ambiguous information contained in data established in accordance with Annex I (Part 21) or, as applicable, Annex Ib (Part 21 Light) to Regulation (EU) No 748/2012 or other irregular circumstance that has or may have endangered the safe operation of the aircraft and that has not resulted in an accident or serious incident are reported to the competent authority and to the organisation responsible for the design of the aircraft.’