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) 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,
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]
or, in the case of sailplanes, not following Subpart DEC of Annex II
(Part-SAO) to Regulation (EU) 2018/1976[44],
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] 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] 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).
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