Part 3: Alignment of Regulation (EC) No 2042/2003 with … · 2014. 1. 31. · Rosa Tajes | R4.2 1 Part 3: Alignment of Regulation (EC) No 2042/2003 with Regulation (EC) No 216/2008

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Part 3:Alignment of Regulation (EC) No 2042/2003 with Regulation

(EC) No 216/2008

1 October 2010, Köln

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Contents

�Quick recap

�NPA 2010-10 proposal

�Scope of Part-T

�Structure of Part-T

�Contents of Part-T

�CAMO-T

�Quick Summary

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Quick recap

Article 8 of the “Basic Regulation” requires aircraft referred to in Article 4(1)(b) and (c)to comply with essential requirements of Annex IV.

We need to look in the Basic Regulation

� Article 4(1)(b) and (c)

� Annex IV

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Quick recap

Article 4(1)(c) of the Basic Regulation refers to:

Aircraft, including any installed product, part and appliance, which are registered in a third country and:

�used by an operator for which any Member State ensures oversight of operations or,

�used into, within or out of the Community by an operator established or residing in the Community

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Quick recap

Annex IV of the BR contains essential requirements for air operations; specifically requirements affecting continuing airworthinessare found in:

�Section 6: Continuing Airworthiness

�Section 8.g: Additional requirements for operation for commercial purposes and operation of CMPA

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Contents

�Quick recap


�Scope of Part-T



�CAMO-T

�Quick Summary

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NPA 2010-10 proposal

√

Amendments to PART-M to

ensure article 4(1)(b) aircraft comply with

Annex IV section 6 and section 8.g

New PART-Testablishing the requirements for

article 4(1)(c) aircraft to

comply with Annex IV section 6 and section 8.g

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�What is Part-T? Part-T is the Annex V to Regulation (EC) 2042/2003

�Which is the scope Part-T? Part-T applies to aircraft referred to in article 4(1)(c) of the Basic Regulation

�How does Part-T look like? The structure of Part-T has been mirrored from Part-M.

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�What does Part-T contain? Part-T contains requirements to ensure 4(1)(c) aircraft comply with the following sections of Annex IV of the Basic Regulation

�Section 6: Continuing Airworthiness, and,

�Section 8.g: Additional requirements for operation for commercial purposes and operation of complex motor-powered aircraft.

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Contents

�Quick recap


�Scope of Part-T



�CAMO-T

�Quick Summary

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Scope of Part-T

WHAT ARE WE GOING TO TALK ABOUT?

�Meaning of different terms

�Dry lease-in

�Wet lease-in and code share

�Private operators

�Summary table

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Scope of Part-T

Article 4(1)(c) of the Basic Regulation refers to:

Aircraft, including any installed product, part and appliance, which are registered in a third country and:

�used by an operator for which any Member State ensures oversight of operations or,

�used into, within or out of the Community by an operator established or residing in the Community

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Scope of Part-T

Definition of “operator”:

�Basic Regulation article 3(h) defines operator as any legal or natural person, operating or proposing to operate one or more aircraft.

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Scope of Part-T

What does it mean “used by an operator”?

�Operated by this operator, or,

�Operated by another operator on behalf of the first operator

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Scope of Part-T

What does it mean “an operator for which any Member State ensures oversight of operations”?

�Natural person or legal person:

�Which operates or proposes to operate one or more aircraft; and,

� To which any Member State has issued a certificate for its operations. (either commercial or not commercial operations).

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Scope of Part-T

What does it mean “an operator established or residing in the Community”?

�Natural person or legal person which:

� operates or proposes to operate one or more aircraft,

� resides or is established in one of the Member States, and,

� is not required to hold a certificate for its operations

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Scope of Part-T

Currently, certificates for operations are issued under:

�Commission Regulation 859/2008 amending council Regulation (EEC) No 3922/91, commonly known as “EU-OPS”.

�National regulations in the fields of:

� commercial operations other than CAT,

� flight training organisations,

�CAT with aircraft other than aeroplanes.

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Scope of Part-T

In the future, certificates will be issued under:

�Part-OR Subpart-ATO (NPA 2008-22c): For approved flight training organisations (ATO).

�Part-OR Subpart-OPS (NPA 2009-02c): For operators engaged in commercial operations (including CAT, excluding ATO)

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Scope of Part-T

The scope of article 4(1)(c) may be divided in:

� Aircraft registered in a third country and subject to dry lease-in by an operator for which any Member State ensures oversight of operations

� Aircraft registered in a third country and subject to wet lease-in or code-share by an operator for which any Member State ensures oversight of operations.

� Aircraft registered in a third country used into, within or out of the Community by an operator established or residing in the Community.

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Scope of Part-T

What does it mean…?

�Dry lease is an arrangement whereby an aircraft is leased an operated under the AOC of the lessee.

�Code share means an arrangement between CAT under which an operator places its designator code on a flight operated by another operator, and sells and issues tickets for that flight.

�Wet lease agreement means an agreement between CAT operators where the aircraft is operated under the AOC of the lessor.

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Scope of Part-T: Dry lease-in

Aircraft registered in a third country and subject to dry lease-in by an operator for which a Member State ensures oversight of operations.

�In the future this would affect organisations approved in accordance with:

� future Part-OR Subpart-OPS; and,

� future Part-OR Subpart-ATO (ATOs).

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BUT there are some limitations since:

�Dry lease-in of a third country registered aircraft is incompatible with:

� Current EU-OPS 1.180(a)(1); and,

� Future Part-OR Subpart-OPS,

because they require that all aircraft operated have a certificate of airworthiness in accordance with Part 21

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�As regards future Part-OR subpart-ATO, NPA 2010-10 proposes allowing ATOs to dry lease-in third country registered aircraft for delivering flight training OUTSIDE the territory of EU.

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�Which requirements apply to third country registered aircraft dry leased-in by ATOs for delivering flight training OUTSIDE the territory of EU?

�Annex IV of BR section 6, and

�Annex IV of BR section 8.g if:

� the third country aircraft is a CMPA; or,

� the ATO is operating the aircraft with commercial purposes

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Scope of Part-T: Wet lease-in and code-share

Aircraft registered in a third country and subject to wet lease-in or code-share by an operator for which any Member State ensures oversight of operations.

�Wet lease-in and code share are agreements between CAT operators

�This would affect organisations approved in accordance with future Part-OR Subpart-OPS

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Scope of Part-T: Wet lease-in and code-share

�Which requirements apply to third country registered aircraft subject to wet lease-in or code-share agreements by an operator for which any Member State ensures oversight of operations?

�Annex IV of BR section 6 , and

�Annex IV of BR section 8.g

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Scope of Part-T: Private operators

Aircraft registered in a third country used into, within or out of the Community by an operator established or residing in the Community

�This refers to “private operators” of third country registered aircraft established or residing in the Community.

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Scope of Part-T: Private operators

�Which requirements apply to these third country registered aircraft used by “private operators”into, within or out of the Community ?

�Annex IV of Basic Regulation section 6, and

� If the aircraft is CMPA, also Annex IV section 8.g of BR

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Scope of Part T: summary table

Other than complex motor-powered aircraft

Complex motor-powered aircraft

•Non-COM ATO providing flight training outside the territory of EU, and

•private operators

Not permitted (the aircraft must be registered in the EU)

Non-COM ATOproviding flight

training inside the territory of EU

OPERATEDFOR NON

COMERCIALPURPOSES(including non-COM ATO)

ATO providing flight training outside the territory of EU

ATO providing flight training inside the territory of EU(Not permitted)

COM (except ATO): Incompatible with Part-OR Subpart-OPS

COM other than CAT, including

COM ATO

Wet-lease-in and code share

Dry lease-in: Incompatiblewith Part-OR Subpart-OPSCAT

OPERATED FOR

COMERCIALPURPOSES

Third country registered aircraft

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6 different cases to look at:

a. Aircraft registered in a third country and subject to wet lease-in or code-share by a Community Operator

b. CMPA registered in a third country used into, within or out of the Community by “private operators”

c. Aircraft other than CMPA, registered in a third country used into, within or out of the Community by “private operators”

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d. CMPA registered in a third country and operated by an ATO to provide training outside the territory of the EU (regardless of whether the operation is commercial or not)

e. Aircraft other than CMPA, registered in a third country and operated by an ATO to provide training outside the territory of the EU for commercial purposes

f. Aircraft other than CMPA, registered in a third country and operated by an ATO to provide training outside the territory of the EU for non-commercial purposes

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Contents

�Quick recap


�Scope of Part-T



�CAMO-T

�Quick Summary

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Structure of Part-T

� Structure of Part-T has been kept as similar as possible to the structure of Part-M.

� Section A contains requirements applicable to aircraft, operators, continuing airworthiness management organisations and maintenance organisations.

� Section B contains requirements for the competent authorities.

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Structure of Part-T

�Section A

�Subpart A: General (Scope, Definitions)

�Subpart B: Requirements (Common, Additional)

�Subpart C: Maintenance programme

�Subpart E: Qualified Maintenance Organisation

�Subpart F: Management system

�Subpart G: CAMO-T

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Structure of Part-T

�Section B

�Subpart A-General

�Subpart B- Accountability

�Subpart G- CAMO-T

�Appendix I: Continuing Airworthiness management contract

�Appendix II: Operator’s declaration

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Contents

�Quick recap


�Scope of Part-T



�CAMO-T

�Quick Summary

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Contents of Part-T

What are we going to talk about?

�Competent Authority

�Common requirements

�Additional requirements

�Maintenance programme

�Qualified Maintenance Organisation

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Contents of Part-T

COMPETENT AUTHORITY

T.1 defines the Competent Authority as follows:

1. For aircraft registered in a third country and subject to a wet lease-in agreement or code-share agreement with a Community operator the competent authority will be the authority that has issued the approval pursuant to Part-OR Subpart-OPS to the Community operator

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Contents of Part-T

COMPETENT AUTHORITY

2. aircraft registered in a third country and operated by an ATO to provide flight training outside the territory of the EU the competent authority will be the authority that has issued the approval pursuant to Part-OR Subpart-ATO.

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Contents of Part-T

COMPETENT AUTHORITY

3. aircraft registered in a third country and used into, within or out of the Community by an operator established or residing in the Community, the competent authority will be the authority designated by the Member State where the operator resides or is established

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Contents of Part-T

PROCEDURES FOR COMPETENT AUTHORITIES

Part-T Section-B contains requirements for competent authorities, in particular:

�Minimum records for the oversight of each aircraft.

�Performance of inspections and investigationsto verify that Part-T is complied with.

�Continuing oversight of CAMO-T should include a relevant sample of aircraft managed pursuant Part-T

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Contents of Part-T

APPLICABLE REQUIREMENTS

Part-T Section-A subpart-B contains:

�Common requirements applicable to all third country registered aircraft used by Community Operators or operators established or residing in the Community

�Additional requirements for the 6 different cases identified in the summary table

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Contents of Part-T

Continuing airworthiness requirements applicable

to all aircraft

Annex IV section 6

BASIC REGULATION

Additional requirements applicable to CMPA and commercial operations

Requirements applicable to continuing airworthiness

and maintenance organisations

APPLICABLE REQUIREMENTS

Annex IV section 8.g

Annex I section 3.a

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Contents of Part-T

COMMON REQUIREMENTS: T.A.201

Common requirements are based in Annex IV section 6 of BR and establishes essential continuing airworthiness requirements for aircraft in relation to:

� operation of aircraft,

� pre-flight inspection,

� maintenance programme,

� preservation of records,

� release to service,

� modifications and repairs

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Contents of Part-T


Highlights of common requirements:

� The aircraft shall:

� Hold a valid CofA iaw ICAO Annex 8.

� Comply with:

� (i) airworthiness directive mandated by the State of Registry,

� (ii) operational mandatory informationmandated by the State of Operator,

� (iii) continued airworthiness requirement established by the State of Registry.

� Be maintained in accordance with a maintenance programme.

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Contents of Part-T


�All modifications and repairs shall comply with airworthiness requirements established by the State of Registry.

�The aircraft shall be inspected through a pre-flight inspection.

�A release to service shall be issued to the aircraft after maintenance

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Contents of Part-T

ADDITIONAL REQUIREMENTS

�T.A.210 Additional requirements for aircraft subject to wet lease-in and code share

�T.A.220. Additional requirements for CMPA and aircraft operated for commercial purposes

�T.A.230 Additional requirements for other than CMPA operated for non-commercial purposes

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Contents of Part-T

ADDITIONAL REQUIREMENTS: T.A.210

T.A.210 Aircraft registered in a third country and subject to wet lease-in or code-share by a Community Operator

�A Community operator establishes a wet lease-in or code-share agreement with a non-Community operator

�Future Part-OR Subpart-OPS subjects the approval of the wet lease-in or code-share agreement to the condition that the operating organisation holds an AOCin compliance with ICAO Annex 6

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Contents of Part-T


NPA 2010-10 proposes relying on ICAO Annex 6compliance to meet the requirements of Annex IV section 6 and section 8.g of BR.

�ICAO Annex 6 operator→ Organisation responsible for continuing airworthiness management iaw BR Annex IV section 8.g

�ICAO Annex 6 approved maintenance organisation→Qualified approved maintenance organisation iaw BR

Annex IV section 8.g

In addition imposes that aircraft conforms to a TC issued in accordance with ICAO Annex 8.

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Contents of Part-T

T.A.220: ADDITIONAL REQUIREMENTS for:

�CMPA registered in a third country used into, within or out of the Community by an operator established or residing in the Community, (private CMPA);

�CMPA registered in a third country and operated by an ATO to provide training outside the territory of the EU; and,

�aircraft registered in a third country and operated by an ATO to provide training outside the territory of the EU for commercial purposes.

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Contents of Part-T


NPA 2010-10 proposes:

� Aircraft should be of a type certified by EASA

� Requirements for the operator (private or ATO) to declare its capability to comply with Part-T

� The need of an organisation responsible for continuing airworthiness management →→→→ CAMO-T

� The need of a qualified maintenance organisation. (Part-T subpart-E)

� Requirements for the operator to establish a contractwith:

� a CAMO-T, and,

� a qualified maintenance organisation

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Contents of Part-T

OPERATOR’S DECLARATION

�It is contained in Appendix II to Part-T

�Operator shall declare to the competent authority its capability and means to comply with Part-T prior to commencing operations.

�Declaration identifies:

� The aircraft and the operator

� The contracted CAMO-T

� The qualified maintenance organisation

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Contents of Part-T

CONTINUING AIRWORTHINESS MANAGEMENT CONTRACT

�It is described in Appendix I to Part-T

�It shall be developed taking into account Part-Tand State of Registry requirements

�It shall state:

�Obligations of the CAMO-T

�Obligations of the operator

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Contents of Part-T

T.A.230: ADDITIONAL REQUIREMENTS for:

�aircraft other than CMPA registered in a third country used into, within or out of the Community by an operator established or residing in the Community,(private other than CMPA); and,

� aircraft other than CMPA registered in a third country and operated by an ATO to provide training outside the territory of the EU for non-commercial purposes

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Contents of Part-T


NPA 2010-10 proposes the following requirements:

�Aircraft shall have an EASA type certificate

�Maintenance shall be performed by:

� a qualified maintenance organisation(Part-T Subpart E) or,

� person with ICAO Annex 1 license

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Contents of Part-T

MAINTENANCE PROGRAMME

�Maintenance programme shall comply with the requirements established by the State of Registry.

�The operators shall:

�Be responsible for the development of the maintenance programme;

�Use the information published by the Type Design holder for the maintenance; and

�Amend the maintenance programme as required by the State of Registry

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Contents of Part-T

QUALIFIED MAINTENANCE ORGANISATION

A qualified maintenance organisation shall:

�be acceptable to the State of Registry;

�hold an approval issued by an ICAO State;

�have all the means for the scope of work;

�have an occurrence reporting system;

�have an organisation manual; and,

�implement a management system.

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Contents

�Quick recap


�Scope of Part-T



�CAMO-T

�Quick Summary

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CAMO-T

WHO NEEDS A CAMO-T?

Operators of third country registered:

� Private CMPA,

� CMPA operated by ATO to provide flight training,

� Aircraft operated by ATO to provide flight training for commercial purposes,

are required to contract a CAMO-T

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CAMO-T

CAMO-T is not required in case of:

�Wet lease-in, code share

�Private operations with other than CMPA

�Other than CMPA operated by ATO to provide training for non-commercial purposes

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CAMO-T

�A CAMO-T is an organisation approved in accordance with Part-M Subpart G which in addition complies with the requirements of Part-T subpart-G

�CAME-T shall contain procedures specifying how the CAMO-T ensures compliance with Part-T Subpart G.

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CAMO-T

CONTINUING AIRWORTHINESS MANAGEMENTTASKS

�ensure that all maintenance is carried out in accordance with the maintenance programme by a qualified maintenance organisation.

�ensure that all applicable airworthiness directives as mandated by the State of Registryare applied

�ensure that any operational mandatory information mandated by the State of Operator is applied

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CAMO-T

CONTINUING AIRWORTHINESS MANAGEMENTTASKS

�ensure that all defects discovered are corrected iaw maintenance data acceptable to the State of Registry

�ensure that the aircraft is taken to a qualified maintenance organisation whenever necessary

�manage and archive the continuing airworthiness records.

�Coordinate scheduled maintenance, AD, LLPs.

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CAMO-T

CAME

New part is added to the CAME which describes additional procedures: (Appendix to AMC T.A. 704)

Part 6: Continuing airworthiness procedures for aircraft referred to in T.A.701

Part 6.1 Continuing Airworthiness management

6.1.1 Aircraft continuing airworthiness record system utilisation

6.1.2 Aircraft maintenance programmes

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CAMO-T

CAME

6.1.3 Continuing airworthiness records

6.1.4 Control of airworthiness directives

6.1.5 Modifications and repairs standards

6.1.6 Defect reports

Part 6.2 Contracted Maintenance

6.2.1 Monitoring that all maintenance is carried out by a qualified maintenance organisation

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Contents

�Quick recap


�Scope of Part-T



�CAMO-T

�Quick Summary

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Summary: 4(1) (b) aircraft

Part-M Subpart-F orPart-145

Operator shall:o obtain CAMO approval, oro contract a CAMO

Other than CMPA

Part-145Operator shall:o obtain CAMO approval, oro contract a CAMO

CMPA

COM other than CAT, including COM ATO

Part-145CAMO linked to the AOC, 4) Other than 1), 2), 3)

Part-145Operator shall:o obtain CAMO approval, oro contract a CAMO

3) non-Community CAT operators


Operator shall o obtain CAMO approval, oro contract a CAMO

2)ELA1 and Balloons


Operator shall:o obtain CAMO approval, oro contract a CAMO

1) Local CAT operators

CAT

COM

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Summary: 4(1) (b) aircraft

NON-COM(including non-COM

ATO)

•Independent certifying staff,•pilot owner maintenance,•Part-M Subpart-F,•Part-145

CAMO is NOT required.

Other than CMPA

Part-145Operator shall:

o obtain CAMO approval, or

o contract a CAMO

CMPA

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Summary: 4(1) (c) aircraft

oQualified maint. organisation, oroICAO Annex 6 maint. organisation

oEASA TCoICAO Annex 8 CofA.oOperator shall contract CAMO-T.

ATO providing flight training outside EU


ATO providing flight training inside EU

Incompatible with Part-OR Subpart-OPS, COM (except ATO)

COM other than CAT, including COM ATO

oQualified maint. organisation, oroICAO Annex 6 maint. organisation

oICAO Annex 8 TCoICAO Annex 8 CofAoICAO Annex 6 AOC

Wet-lease-in and code share

Incompatible with Part-OR Subpart-OPSDry lease-in

CAT

COM

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Summary: 4(1) (c) aircraft

o ICAO Annex I licence, or

o Qualified maintorganisation, or

o ICAO Annex 6 maintorganisation

o EASA TCo ICAO Annex 8

CofAo CAMO/ CAMO-

T not required

Other than CMPA

o Qualified maint. organisation or

o ICAO Annex 6 maintorganisation

o EASA TCo ICAO Annex 8 CofA

o Operator shall contract a CAMO-T

CMPANon-COM ATO providing flight training outside EU

and

private operators


Non-COM ATO providing flight training inside EU

NON-COM(including non-COM ATO)

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Many thanks for your attention, you are kindly invited to place comments

using CRT:http://hub.easa.europa.eu/crt/

Documents

Part 3: Alignment of Regulation (EC) No 2042/2003 with … · 2014. 1. 31. · Rosa Tajes | R4.2 1 Part 3: Alignment of Regulation (EC) No 2042/2003 with Regulation (EC) No 216/2008