From national to EU rules - Continuing Airworthiness Juan Anton Continuing Airworthiness Manager Rulemaking Directorate

1. From national to EU rules - Continuing AirworthinessJuan AntonContinuing Airworthiness ManagerRulemaking DirectorateEASA

2. What happened in the “old” times ? Before the existence of EU rules: Every Member State had its own national aviation rules. They covered all aviation aspects: operations, licensing, maintenance, certification, airports, air navigation, etc. This had the advantage of having all these aspects under the control of the same Member State but it was certainly difficult to move goods/services/licensed personnel between different Member States. Some Member States had their own bilateral agreements and working arrangements with other states and authorities.

3. A first step into “standardisation” The first step into “standardisation” was the introduction of JAA requirements: They covered only certain aviation aspects and only for certain aircraft categories and operations, such as: JAR-145 JAR-66 JAR-OPS1, JAR-OPS3 JAR-FCL The implementation was voluntary for each Member State and could only happen if adopted in the national law. Each Member State had the option to decide whether they wanted to be standardised (through inspections) or not.

4. Introduction of EU rules The Basic Regulation EC1592/2002 (later replaced by EC216/2008): Created EASA. Established EU requirements for airworthiness, which were of mandatory compliance for all Member States (superseded the national rules). As a consequence, Implementing Rules were created to cover airworthiness, in particular: Initial Airworthiness (EC1702/2003): Part-21 for Product Certification, certification of Design and Production organisations, issuance of Certificates of Airworthiness, etc. Certification Specifications (CSs) for product certification Continuing Airworthiness (EC2042/2003): Part-M/-145/-66/-147.

5. The Basic Regulation The European Parliament and the Council define the Scope of Powers transferred to the Community. They adopt the Essential Requirements specifying the objectives to be met. Basic Regulation (EC) 216/2008 of 20 February 2008 Annex I : Essential Requirements for Airworthiness Annex II : Excluded Aircraft Annex III: Essential Requirements for Pilot Licensing Annex IV: Essential Requirements for Air Operations Annex V: Qualified Entities Annexes Va and Vb: Essential Requirements for Aerodromes, ATM/ANS and Air Traffic Controllers

6. The Implementing Rules The Commission adopts standards (Implementing Rules) for implementing the essential requirements. Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification Regulation (EC) 2042/2003 on Continuing Airworthiness Annex I (Part-M): Continuing Airworthiness Requirements Annex (Part 21) Annex II (Part-145): Maintenance Organisation Approvals Annex III (Part-66): Certifying Staff Annex IV (Part-147): Training Organisation Requirements

7. The Implementing Rules All Continuing Airworthiness Rules (Part-M, Part-145, Part-66, Part-147) are divided in the following parts: Who is the Competent Authority (points M.1, 145.1, 66.1 and 147.1). Section A: Technical Requirements. Section B: Procedures for Competent Authorities.

8. Soft Laws of EASA EASA adopts non binding standards for implementing the essential requirements. AMC & Guidance Material Part 21 Certification Specifications AMC & Guidance Material Parts M, 145, 66, 147 AMC 20 CS 25 CS 34 CS 36 CS E CS P CS APU CS 22 CS 23 CS 27 CS 29 CS VLA CS VLR CS AWO CS ETSO CS Definitions

9. Continuing Airworthiness rules How the new Implementing Rules for Continuing Airworthiness were created: Part-145/-66/-147 were relatively easy: They were based on similar JAA rules already existing, with the main difference of introducing “Authority Requirements” in Section B of each rule. What about Part-M?

10. Why Part-M was necessary? Part-M was necessary because the Basic Regulation EC1592/2002, under the Continuing Airworthiness requirements, covered a much larger range of activities, operations and aircraft categories than the existing JAA rules. As a matter of fact: Part-145 only covered the requirements for the approval of a maintenance organisation and how this organisation performs the maintenance they have been ordered by the owner/operator/CAMO. However, Part-145 did not cover how the airworthiness status of the aircraft is determined, controlled and maintained, how maintenance is planned and ordered and who is responsible for what. The use of a Part-145 organisation was only required for large aircraft and aircraft used in Commercial Air Transport. It was too restrictive for non large aircraft and other types of operations.

11. What is included in Part-M ? How the airworthiness status of the aircraft is determined, controlled and maintained, how maintenance is planned and ordered and who is responsible for what. (Subpart-M of JAR-OPS1 was used as a basis and it was adapted to the different aircraft categories and operations) Maintenance standards to be met. Requirements for maintenance organisations involved in the maintenance of aircraft other than large not used for Commercial Air Transport (Subpart F maintenance organisations). For large aircraft and aircraft involved in CAT, the requirements are in Part-145. Requirements for independent certifying staff performing certain maintenance for aircraft other than large not used for Commercial Air Transport. Pilot-owner maintenance. Requirements for the renewal of the validity of the Certificate of Airworthiness (airworthiness reviews).

12. Responsibilities Main responsibilities of the owner/operator/CAMO: The owner/operator/CAMO is responsible for the airworthiness of the aircraft and deciding what maintenance is needed and when and where it has to be performed. The owner/operator/CAMO is responsible for coordinating maintenance activities when several maintenance organisations are involved. The owner/operator/CAMO is not responsible for how the maintenance is performed. This is the responsibility of the maintenance organisation (it holds an approval). However, the owner/operator/CAMO is responsible for verifying that all the maintenance ordered has been completed and released, as well as for maintaining the corresponding records.

13. Fundamental aspects of the system Fundamental aspects of the system: The system is based on a chain of different approvals: CAMO (Part-M, Subpart G), Maintenance Organisation (Part-145 or Part-M Subpart-F), Licensed personnel (Part-66), Maintenance Training Organisations (Part-147). Each approval is under the oversight of a competent authority. Adequate communication and exchange of information between competent authorities is essential since there are different authorities involved: State of Registry, State of Operator, State of CAMO, State of the Maintenance Organisation, State issuing the Part-66 licence.

14. Fundamental aspects of the system Fundamental aspects of the system: The system is based on a chain of oversight activities and responsibilities: The Quality System of the approved organisation. The oversight performed by the competent authority issuing the organisation approval. The oversight performed by the State where the organisation is located (may be different from the State who issued the approval). Airworthiness Reviews performed on the aircraft for the renewal of the Certificate of Airworthiness. The ACAM (Aircraft Continuing Airworthiness Monitoring) programme of the State of Registry.