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ML.A.901 Aircraft airworthiness review

Available versions for ERULES-1963177438-14288

Regulation (EU) 2021/700 found in: Balloon Rule Book - Part-BOP Part-BFCL Part-ML CS-31GB CS-31HB CS-31TGB (Sep 2020)

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ML.A.901
Aircraft airworthiness review

Regulation
(EU) 2021/700

To ensure
the validity of the aircraft airworthiness certificate, an airworthiness
review of the aircraft and its continuing airworthiness records shall be
carried out periodically.

(a)     An ARC is issued in accordance with
Appendix IV ([EASA Form 15c](#_DxCrossRefBm1924813441)) to this Annex upon completion of a
satisfactory airworthiness review. The ARC shall be valid for 1 year;

(b)     The airworthiness review and the issuance
of the ARC shall be performed in accordance with point [ML.A.903](#_DxCrossRefBm1924813440),
alternatively by:

(1)     the competent authority;

(2)     an appropriately approved CAMO or CAO;

(3)     the approved maintenance organisation
while performing the 100-h/annual inspection contained in the AMP;

(4)     for aircraft operated under Annex VII
(Part-NCO) to Regulation (EU) No 965/2012 or, in the case of balloons, not
operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395[[27]](#_ftn27)
or, in the case of sailplanes, not following Subpart DEC of Annex II
(Part-SAO) to Regulation (EU) 2018/1976[[28]](#_ftn28),
the independent certifying staff while performing the 100-h/annual inspection
contained in the AMP, when holding:

(i)      a licence issued in accordance with Annex
III (Part-66) rated for the corresponding aircraft or, if Annex III (Part-66)
is not applicable to the particular aircraft, a national certifying-staff
qualification valid for that aircraft;

(ii)     an authorisation issued by, alternatively:

(A)     the competent authority who issued the
licence issued in accordance with Annex III (Part-66),

(B)     if Annex III (Part-66) is not
applicable, the competent authority responsible for the national
certifying-staff qualification.

Independent
certifying staff holding a licence issued in accordance with Annex III
(Part-66), may perform airworthiness reviews and issue the ARC for aircraft
registered in any Member State. However, independent certifying staff holding
a national qualification shall only perform airworthiness reviews and issue
the ARC for aircraft registered in the Member State responsible for the
national qualification.

ARCs issued
by independent certifying staff holding a national qualification shall not
benefit from mutual recognition when transferring the aircraft to another
Member State.

Whenever
circumstances reveal the existence of a potential safety threat, the competent
authority shall carry out the airworthiness review and issue the ARC itself.

(c)      The validity of an ARC may be extended
maximum two consecutive times, for a period of one year each time, by an
appropriately approved CAMO or CAO, subject to the following conditions:

(1)     the aircraft has been continuously managed
for the previous 12 months by this CAMO or CAO;

(2)     the aircraft has been maintained for the
previous 12 months by approved maintenance organisations; this includes
pilot-owner maintenance tasks carried out and released to service either by
the pilot-owner or by independent certifying staff;

(3)     the CAMO or CAO does not have any evidence
or reason to believe that the aircraft is not airworthy.

This
extension by the CAMO or CAO is possible regardless of which staff or
organisation, as provided for in point (b), initially issued the ARC.

(d)     By derogation from point (c), the
extension of the ARC may be anticipated for a maximum period of 30 days,
without loss of continuity of the airworthiness review pattern, to ensure the
availability of the aircraft in order to place the original ARC on board.

(e)     When the competent authority carries out
the airworthiness review and issues the ARC itself, the owner shall provide
the competent authority with:

(1)     the documentation required by the
competent authority;

(2)     suitable accommodation at the appropriate
location for its personnel;

(3)     when necessary, the support of appropriate
certifying staff.

---

[[27]](#_ftnref27)    Commission
Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the
operation of balloons pursuant to Regulation (EC) No 216/2008 of the European
Parliament and of the Council (OJ L 71, 14.3.2018, p. 10).

[[28]](#_ftnref28)    Commission
Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed
rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of
the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64).

ML.A.901 Aircraft airworthiness review

Regulation (EU) 2021/700

To ensure the validity of the aircraft airworthiness certificate, an airworthiness review of the aircraft and its continuing airworthiness records shall be carried out periodically.

(a) An ARC is issued in accordance with Appendix IV ([EASA Form 15c](#_DxCrossRefBm1518546069)) to this Annex upon completion of a satisfactory airworthiness review. The ARC shall be valid for 1 year;

(b) The airworthiness review and the issuance of the ARC shall be performed in accordance with point [ML.A.903](#_DxCrossRefBm1518545072), alternatively by:

(1) the competent authority;

(2) an appropriately approved CAMO or CAO;

(3) the approved maintenance organisation while performing the 100-h/annual inspection contained in the AMP;

(4) for aircraft operated under Annex VII (Part-NCO) to Regulation (EU) No 965/2012 or, in the case of balloons, not operated under Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395[[43]](#_ftn43) or, in the case of sailplanes, not following Subpart DEC of Annex II (Part-SAO) to Regulation (EU) 2018/1976[[44]](#_ftn44), the independent certifying staff while performing the 100-h/annual inspection contained in the AMP, when holding:

(i) a licence issued in accordance with Annex III (Part-66) rated for the corresponding aircraft or, if Annex III (Part-66) is not applicable to the particular aircraft, a national certifying-staff qualification valid for that aircraft;

(ii) an authorisation issued by, alternatively:

(A) the competent authority who issued the licence issued in accordance with Annex III (Part-66),

(B) if Annex III (Part-66) is not applicable, the competent authority responsible for the national certifying-staff qualification.

Independent certifying staff holding a licence issued in accordance with Annex III (Part-66), may perform airworthiness reviews and issue the ARC for aircraft registered in any Member State. However, independent certifying staff holding a national qualification shall only perform airworthiness reviews and issue the ARC for aircraft registered in the Member State responsible for the national qualification.

ARCs issued by independent certifying staff holding a national qualification shall not benefit from mutual recognition when transferring the aircraft to another Member State.

Whenever circumstances reveal the existence of a potential safety threat, the competent authority shall carry out the airworthiness review and issue the ARC itself.

(c) The validity of an ARC may be extended maximum two consecutive times, for a period of one year each time, by an appropriately approved CAMO or CAO, subject to the following conditions:

(1) the aircraft has been continuously managed for the previous 12 months by this CAMO or CAO;

(2) the aircraft has been maintained for the previous 12 months by approved maintenance organisations; this includes pilot-owner maintenance tasks carried out and released to service either by the pilot-owner or by independent certifying staff;

(3) the CAMO or CAO does not have any evidence or reason to believe that the aircraft is not airworthy.

This extension by the CAMO or CAO is possible regardless of which staff or organisation, as provided for in point (b), initially issued the ARC.

(d) By derogation from point (c), the extension of the ARC may be anticipated for a maximum period of 30 days, without loss of continuity of the airworthiness review pattern, to ensure the availability of the aircraft in order to place the original ARC on board.

(e) When the competent authority carries out the airworthiness review and issues the ARC itself, the owner shall provide the competent authority with:

(1) the documentation required by the competent authority;

(2) suitable accommodation at the appropriate location for its personnel;

(3) when necessary, the support of appropriate certifying staff.

---

[[43]](#_ftnref43) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10).

[[44]](#_ftnref44) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64).