CAMO.B.350 Findings and corrective actions

(a)     The competent authority shall have a system to analyse findings for their safety significance.

(b)     A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, with the organisation’s procedures and manuals, or with the terms of an approval or certificate which lowers safety or seriously endangers flight safety.

The level 1 findings shall include:

(1)     failure to give the competent authority access to the organisation's facilities as defined in point CAMO.A.140 during normal operating hours and after two written requests;

(2)     obtaining or maintaining the validity of the organisation certificate by falsification of submitted documentary evidence;

(3)     evidence of malpractice or fraudulent use of the organisation certificate;

(4)     the lack of an accountable manager.

(c)      A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, with the organisation’s procedures and manuals, or with the terms of an approval or certificate which may lower safety or endanger flight safety.

(d)     When a finding is detected during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EU) 2018/1139 and its delegated and implementing acts, communicate the finding to the organisation in writing, and request corrective action to address the non-compliance(s) identified. Where a finding directly relates to an aircraft, the competent authority shall inform the State in which the aircraft is registered.

(1)     In the case of level 1 findings, the competent authority shall take immediate and appropriate action to prohibit or limit activities and, if appropriate, it shall take action to revoke the certificate or to limit or suspend it in whole or in part, depending upon the extent of the level 1 finding until successful corrective action has been taken by the organisation.

(2)     In the case of level 2 findings, the competent authority shall:

(i)      grant the organisation a corrective action implementation period appropriate to the nature of the finding, that in any case initially shall not be more than 3 months. It shall commence from the date of the written communication of the finding to the organisation, requesting corrective action to address the non-compliance identified. At the end of this period, and subject to the nature of the finding and past safety performance of the organisation, the competent authority may extend the 3-month period subject to a satisfactory corrective action plan agreed by the competent authority;

(ii)     assess the corrective action and implementation plan proposed by the organisation, and if the assessment concludes that they are sufficient to address the non-compliance(s), accept these.

(3)     Where an organisation fails to submit an acceptable corrective action plan, or to perform the corrective action within the time period accepted or extended by the competent authority, the finding shall be raised to a level 1 finding and action taken as laid down in point (d)(1).

(4)     The competent authority shall record all findings it has raised or that have been communicated to it in accordance with point (e) and, where applicable, the enforcement measures it has applied, as well as all corrective actions and date of action closure for findings.

(e)     Without prejudice to any additional enforcement measures, when the authority of a Member State acting under the provisions of point (d) of point CAMO.B.300 identifies any non-compliance with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts by an organisation certified by the competent authority of another Member State or the Agency, it shall inform that competent authority and provide an indication of the level of finding.