The implementation of the Basic Regulation and its implementing regulations by Member States is subject to the European Union oversight.
According to Article 54 of the Basic Regulation - Inspections of Member States - the Agency shall assist the Commission in monitoring such implementation by conducting standardisation inspections. Upon the standardisation inspection the Agency establishes an inspection report where it addresses findings identified during the inspection and which will be sent to the Member State concerned and to the Commission. In cases of non-compliance, the Commission may initiate an infringement procedure.
Additionally, in accordance with Article 11 (2), the Commission, on its own initiative or at the request of a Member State or the Agency, may initiate a comitology procedure to decide whether a certificate issued in accordance with the Basic Regulation and its implementing regulations effectively complies with them. In case of non-compliance, the Commission shall require the issuer of a certificate to take appropriate corrective action, such as limitation or suspension of that certificate. Moreover, once the Commission issues such a decision, the obligation of mutual recognition of certificates ceases to apply to the other Member States. Once the Commission has sufficient evidence that appropriate corrective action has been taken, it will decide that mutual recognition shall be restored.
Until now no such measure has been undertaken.
Regulation (EC) No 1592/2002 of 15 July 2002 gave responsibility to the Agency for the airworthiness and environmental certification of all aeronautical products, parts, and appliances designed, manufactured, maintained or used by persons under the regulatory oversight of EU Member States. This includes all post-certification activities, such as the approval of changes to, and repairs of, aeronautical products and their components, as well as the issuing of airworthiness directives to correct any potentially unsafe situation. Furthermore, the Agency is in charge of the oversight of EU organisations involved in the design of aeronautical products, parts and appliances as well as of non-EU organisations involved in the manufacture or maintenance of such products. In these domains the Agency has taken over the certification tasks that were under the responsibility of Member States.
Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 that extended the scope of Community competence to air operations, flight crew licences and aircraft used by third country operators into, within or out of the Community gave the Agency additional operational responsibilities. In the field of flight crew licensing, the Agency is responsible for the approval and oversight of pilot training organisations and aero-medical centres located outside the territory of the Community; the certification of flight simulation training devices used by the training organisations it certifies, or located outside the territory of the Community, or located in the Community territory, if the member State concerned so requests. In the field of operations, the Agency was given the power to determine corrective actions and disseminate information to react without undue delay to a problem affecting the safety of air operations. Regarding third country operators, the Agency is competent for the authorisation and oversight of commercial operators; for the oversight of non-commercial operators, when they need to declare their activities; and for the authorisation of third country aircraft when they or their crews do not comply with ICAO Standards.
The Agency’ responsibilities were further extended by Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009. The provisions of the Regulation ensure precise, uniform and binding rules for aerodrome operations and operators, air traffic management and air navigation service provision. Moreover, based on the new ATM/ANS rules the Agency will commence its standardisation inspections in ATM/ANS from 2012 onwards aiming at ensuring a uniform implementation of the common rules but also at reinforcing the national competent authorities in their important oversight role.. With the extension to ATM/ANS, the Agency is empowered to take the necessary measures related to certification and oversight of Pan-European and third country ATM/ANS organisations, as well as for the air traffic controllers’ training organisations located outside the territory of the Community.
These new competences taken on by the EASA system allow a more comprehensive and uniform approach to safety regulation across all fields of aviation and ensure that common safety rules are applied in all phases of flight, starting from the tarmac.
Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 that extended the scope of Community competence to air operations, flight crew licences and aircraft used by third country operators into, within or out of the Community gave the Agency additional operational responsibilities. Regarding third country operators, the Agency is competent for the authorisation and oversight of commercial operators; for the oversight of non-commercial operators, when they need to declare their activities; and for the authorisation of third country aircraft when they or their crews do not comply with ICAO Standards.
With regard to third country operators the Basic Regulation specifically requires that:
- all third country operators (their aircraft, the crews and the operations) comply with the ICAO Standards. To the extent that there are no such standards, these aircraft and their operations shall comply with the Essential Requirements for airworthiness, pilot licensing and air operations as laid down in Annexes I, III and IV of the Basic Regulation, provided these requirements are not in conflict with the rights of third countries under international conventions (article 9(1));
- third country operators engaged in commercial operations receive an authorization issued by the Agency (article 9(2)); and
- third country operators engaged in non-commercial operations of complex motor-powered aircraft may be required to submit a declaration to the Agency (article 9(3)).
The detailed provisions on how to meet the above requirements of the Basic Regulation will be contained in Implementing Rules and relevant Operations Specifications and guidance material. These provisions will address the conditions, privileges and responsibilities associated with the relevant provisions of the Basic Regulation (of articles 9(1), 9(2) and 9(3)) as outlined in the above bullet points above; as well as aircraft or crew which do not hold a standard ICAO certificate of airworthiness or licence. These provisions will make use of ICAO Standards and Recommended Practices (SARPs); will not exceed any requirements for Community operators; and will contain a simple, proportionate, cost-effective and efficient process for authorizations of commercial operations. The authorization process will take account of results of the ICAO Universal Safety Oversight Audit Programme (USOAP), information from ramp inspections and other recognised information on safety aspects with regard to the operator concerned (article 9(4)). The Implementing Rules will address the process for the authorization of a commercial operator, including any conditions that would necessitate an audit.
Third country aircraft operating within the EU are subject to oversight by the Member States in accordance with Directive 2004/36/EC of the Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports, the so-called SAFA Directive. This Directive establishes a harmonised approach for the exchange of information, the execution of ramp inspections and the grounding of third-country aircraft landing at airports located in the Member States. The new Implementing Rules will incorporate the SAFA Directive while maintaining the same principles and competencies of oversight by Member States.
The Implementing Rules and supplemental material associated to third country operators are currently being developed by the Agency. These will be published for consultation in due course and will subsequently be transmitted to the European Commission as an Opinion for consideration when adopting these Implementing Rules.
The provisions for third country operators as outlined above will then become applicable from the date specified in the relevant Implementing Rules during their adoption, but not later than 8 April 2012 (article 70). Until then, the SAFA Directive and national rules of Member States continue to apply.
The Agency has concluded after a thorough review that the current Basic Regulation and Part 21 do not provide for the approval of manufacturers of raw materials. Only organisations responsible for the manufacturing and subsequent release of a 'product' and 'parts and appliances' as defined in the Basic Regulation Article 3 (c) and (d) are required to hold a POA and are therefore eligible to apply for such an approval. ED Decision 2007/012/R introduced an amendment to AMC/GM to Part-21 bringing all AMC and GM to Part 21 back into line with the EC Regulations regarding this issue and thus removing any ambiguity.
Because Agency ED Decision 2004/04/CF automatically approves minor changes and major level 2 changes to FAA STCs when made by the STC holder on his own STC, the scope of the EASA STC is considered to be the same as the scope of the original FAA STC. Therefore there is no need for an application and the STC can be applied to all models listed on the FAA STC.
A Part 145 approved organisation can only fabricate parts for its own use in accordance with approved design data (145.A.42(c)). If that data comes from the Type Certificate holder; 21A.804(a)(3) would not be applicable and those parts will not need EPA marking. If the data comes from a Supplemental Type Certificate holder, minor change approval holder or repair approval holder, the parts will have to be marked as prescribed in the applicable data which should include an EPA marking since 28/3/2004.
Article 6 of the Basic Regulation transposes into Community law the International standards of the International Civil Aviation Organisation (ICAO) related to the environmental certification of aeronautical products. The Agency is involved, together with the Commission, in the further development of such standards to ensure that they do take into account Community objectives in this field. Another important task of the Agency is to verify that the design of products comply with environmental requirements. The Agency shall therefore establish and notify the appropriate environmental requirements for each product for which environmental certification is required and issue the appropriate environmental certificates.
Such powers are established by articles 20(d) and (h) respectively of the Basic Regulation and further detailed in Part 21.A.18 "Designation of applicable environmental protection requirements and certification specifications" of Commission Regulation (EC) No 1702/2003
First of all it should be clear that the definition of "parts and appliances" (Refer to article 3 of the Basic Regulation) includes software. This is software that is installed in an aircraft and used in operating or controlling that aircraft. The rest of this response only refers to this type of software.
Secondly, "Subpart K - Parts and appliances" from Part-21 addressing installation, approval and release is applicable to this software and therefore:
- this software must be part of the design data; and
- the installation of this software in a type-certified aircraft is only accepted when it is accompanied by an EASA Form 1 and properly marked; and
- the installation is approved. (Refer to 21A.303).
In order to achieve 1) and 2), the organisation that manufactures and releases the software must meet the requirements of Subpart F or G from Part-21. This means in particular that the software must be part of the scope of that production organisation and there must be a link between the design organisation and the production organisation.
The conclusion for Field Loadable Software is therefore that this software can be delivered with an EASA Form 1 when:
- it is part of design data for which approval has been applied or granted; and.
- it is produced by, and within the scope of a production organisation that meets the requirements of Subpart F or G.
Marking of this Field Loadable Software must be in accordance with Subpart Q of Part-21. For practical reasons the marking could be on the software "container" (e.g. the CD carrying the software).
The term "critical part" or "critical component" is used in various EASA requirements, certification specifications and also in the EU-US bilateral, however it is not always defined.
A general definition does not exist. There are currently basically three different definitions:
- for rotorcraft:
CS 27-29-VLR.602(a): A critical part is a part, the failure of which could have a catastrophic effect upon the rotorcraft, and for which critical characteristics have been identified which must be controlled to ensure the required level of integrity.
- for engines, propellers and APUs:
CS-E.510(c) It is recognised that the probability of Primary Failures of certain single elements cannot be sensibly estimated in numerical terms. If the Failure of such elements is likely to result in Hazardous Engine Effects, reliance must be placed on meeting the prescribed integrity specifications of CS-E 515 (Engine critical parts) in order to support the objective of an Extremely Remote probability of Failure.
(similar for CS-P.150(c) and CS-P.160 and also for CS-APU.210(c) and CS-APU.150)
- in the EU-US bilateral:
A "Critical component" means a part identified as critical by the design approval holder during the product type validation process, or otherwise by the exporting authority. Typically, such components include parts for which a replacement time, inspection interval, or related procedure is specified in the Airworthiness Limitations section or certification maintenance requirements of the manufacturer's maintenance manual or Instructions for Continued Airworthiness.
Each of the above definitions should be used only within their own context and for their own purpose i.e. the definition of the bilateral is only relevant for the automatic acceptance of PMA parts and repair design from the US. Where the term "critical part" is not defined the dictionary meaning of "critical" should be used i.e. crucial, decisive, important, etc.
For the application of Part 21A.805 critical parts are those identified as such by the design approval holder, which for rotorcraft, engines, propellers and APUs as a minimum should be those using the definitions of the relevant CS.
Part-66 licences are required for:
- certifying the release to service of aircraft after maintenance,
- work in maintenance organisations as support staff.
Aircraft affected are those covered by the Basic Regulation. See the definition in Articles 1 and 4 of the Basic Regulation.
Release to service of piston-engine non-pressurised aircraft of 2000 Kg MTOM and below not involved in CAT do not need a Part-66 licence until 28 September 2014.
Release to service of ELA1 aeroplanes not involved in CAT do not need a Part-66 licence until 28 September 2015.
Release to service of sailplanes, balloons, and airships do not need a Part-66.
Other activities within maintenance organisations do not need Part-66 licences.
In a Part-145 approved organisation, the different categories of Part-66 licences are:
Certifying the release of aircraft after:
|A||Minor scheduled line maintenance and simple defect rectification||Line station|
|B1||Maintenance performed on aircraft structure, powerplant and mechanical and electrical systems, avionic systems requiring simple tests to prove their serviceability and no troubleshooting||Line station|
|B3||Maintenance activities on non-pressurized aeroplanes of 2T MTOM and below.||Line station|
|B2||Maintenance performed on avionic and electrical systems and electric and avionics tasks within powerplant and mechanical systems requiring only simple test and minor scheduled line maintenance and simple defect rectification||Line station|
|C||Base maintenance activities||Base|
|Support staff for:|
No, unless the basic knowledge got outside of the EU is acquired in a Part-147 training organisation approved by EASA, according to 66.B.405.
- there is a bilateral agreement between your country and the EU (the Agency is not aware of any such agreement),
- the national licence was valid within EU before the entry into force of the Regulation.
The holder of a JAR-66 licence may get a Part-66 licence by conversion only when the licence has been issued by a JAA Member State which has successfully completed the JAR-66 Review Board process. If a country is not in the list shown in this EASA document, no conversion can be made.
More details are shown on the Mutual recognition page
The holders of a JAR-66 licence issued from a country not in this list are not eligible to a conversion. They are required to demonstrate compliance with all requirements.
According to Commission Regulation (EU) No 1149/2011 of 21 October 2011 (amending Regulation (EC) No 2042/2003), the basic examinations shall be passed and experience shall be acquired within the ten years preceding the application for an aircraft basic licence.
The new regulation also states that for the purpose of time limits related to basic knowledge examinations, basic experience acquired before the Regulation applies, the origin of time shall be the date by which this Regulation applies, which is 01/08/2012 (which means until 31/07/2022).
Type ratings should be endorsed on the Part-66 licence in accordance with the list of type ratings shown in the ED Decision posted under the Aircraft type ratings for Part-66 aircraft maintenance licence page.
This list does not contain any Annex II aircraft as these are out of the scope of Basic Regulation according to subparagraph 4 of Article 4 on the maintenance field.
However, a Part-66 licence includes a page whose title is: ‘Annex to EASA Form 26’ and this page is dedicated to national privileges. When an aircraft is under the remit of the Member State, then such aircraft may be endorsed under these provisions. This is typically the case of Annex II aircraft.
The requirement of 6 months’ experience within the preceding 2 years is only for the validity of the certification authorisation. The licence itself is valid 5 years from the last renewal. Only the certification privileges are affected by the recency of experience.
To regain your experience, you may:
- either continue to accumulate maintenance experience until you gain the missing time required, or
- meet the provisions for the issue of appropriate privileges, which means:
- going to a type-training course again, including OJT as necessary, or
- when the aircraft does not require a training (aircraft belonging in Group 2 or 3), pass a type-examination, including practical assessment. See GM 66.A.20(b)2.
Neither a short period of job training session nor an aircraft type refresher training are acceptable.
Demonstration of experience should be made on similar aircraft.
Definition of ‘similar’ aircraft is provided by the AMC to 66.A.20(b)2.
No, you lose only your rights to exercise your privileges of certifying staff or support staff. The licence remains valid.