ED Decision 2022/017/R
AIR CARRIER BUSINESS GROUPING
(a) In the framework of Regulation (EU) No 1321/2014, ‘a single air carrier business grouping’ means a controlling undertaking and its controlled undertakings. All those undertakings are located in the territory to which the Treaties apply.
The controlling undertaking exercises directly or indirectly a dominant influence over the controlled undertaking by virtue of ownership, financial participation, right to appoint management or a supervisory body, the rules that govern it, or other.
The controlled and controlling undertakings include air carriers licensed in accordance with Regulation (EC) 1008/2008[27] as well as one or more organisations that are approved in accordance with Annex Vc (Part-CAMO) to Regulation (EU) No 1321/2014.
In the frame of Community-scale groups of undertakings, Article 3 of Directive 2009/38/EC[28] provides additional information about controlling undertakings, which can also be suitable to national-scale groups of undertakings.
(b) Each approved organisation is responsible for its management system, even if they follow common group standards, policies, or procedures. The accountability of each approved organisation, as defined by the relevant EU regulation, is not affected by being part of a single air carrier business grouping. The air carrier remains ultimately responsible for the continuing airworthiness of the aircraft it operates even if the operator decides to contract the continuing airworthiness management to a CAMO. In that case, the operator is no longer responsible for performing the continuing airworthiness tasks, as that responsibility is transferred to the contracted CAMO. The operator keeps the responsibility to fulfil the requirements in the EU regulations, e.g. to assess the CAMO to ensure that it has the capability and capacity to comply with the contract (see Part-M, Appendix I, point 7).
[27] Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (OJ L 293, 31.10.2008, p. 3) (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32008R1008&qid=1660816319207).
[28] Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28) (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32009L0038&qid=1660815126702).
GM2 M.A.201(ea) defines a single air carrier business grouping, clarifies accountability of approved organisations, and explains continuing airworthiness responsibilities when contracting a CAMO.
* Summary by Aviation.Bot - Always consult the original document for the most accurate information.
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