ED Decision No 2003/19/RM 28/11/2003 European Aviation Safety Agency DECISION NO. 2003/19/RM OF THE EXECUTIVE DIRECTOR OF THE AGENCY of 28 November 2003 on acceptable means of compliance and guidance material to Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks THE EXECUTIVE DIRECTOR OF THE EUROPEAN AVIATION SAFETY AGENCY, Having regard to Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency1 (hereinafter referred to as the “Basic Regulation”), and in particular Articles 13 and 14 thereof, Having regard to the Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks2, Whereas: (1) The Agency should issue certification specifications, including airworthiness codes and acceptable means of compliance, as well as any guidance material for the application of the Basic Regulation and its implementing rules. (2) The Agency has, pursuant to Articles 43 of the Basic Regulation, consulted widely interested parties on the matters which are subject to this Decision and following that consultation provided a written response to the comments received. 1 OJ L 240, 7.09.2002, p. 1. 2 To be published. ED Decision No 2003/19/RM 28/11/2003 HAS DECIDED AS FOLLOWS: Article 1 The acceptable means of compliance and guidance material to be used for the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and for the approval of organisations and personnel involved in these tasks in accordance with Commission Regulation (EC) No 2042/2003 are those laid down in the Annexes to this Decision. Article 2 This Decision shall enter into force on the day following its publication in the Official Publication of the Agency. Done at Brussels, 28 November 2003 Patrick Goudou Executive Director ED Decision No 2003/19/RM 28/11/2003 Annex I Acceptable Means of Compliance to Part-M Annex II Acceptable Means of Compliance to Part-145 Annex III Guidance Material to Part-145 Annex IV Acceptable Means of Compliance to Part-66 Annex V Guidance Material to Part-66 Annex VI Acceptable Means of Compliance to Part-147 Annex VII Guidance Material to Part-147 ED Decision No 2003/19/RM 28/11/2003 Annex I Acceptable Means of Compliance to Part-M Section A Technical Requirements Subpart A GENERAL ED Decision No 2003/19/RM 28/11/2003 Subpart B ACCOUNTABILITY AMC M.A.201 (h) Responsibilities 1. Reference to aircraft includes the components fitted to or intended to be fitted to the aircraft 2. The performance of ground de-icing and anti-icing activities does not require a Part-145 approval. 3. The requirement means that the operator is responsible for determining what maintenance is required, when it has to be performed and by whom and to what standard, in order to ensure the continued airworthiness of the aircraft being operated. 4. An operator should therefore have adequate knowledge of the design status (type specification, customer options, airworthiness directives (AD), modifications, operational equipment) and required and performed maintenance. Status of aircraft design and maintenance should be adequately documented to support the performance of the quality system. 5. An operator should establish adequate co-ordination between flight operations and maintenance to ensure that both will receive all information on the condition of the aircraft necessary to enable both to perform their tasks. 6. The requirement does not mean that an operator himself performs the maintenance (this is to be done by a maintenance organisation approved under Part-145) but that the operator carries the responsibility for the airworthy condition of aircraft it operates and thus should be satisfied before the intended flight that all required maintenance has been properly carried out. 7. When an operator is not appropriately approved in accordance with Part-145, the operator should provide a clear work order to the maintenance contractor. The fact that an operator has contracted a maintenance organisation approved under Part-145 should not prevent it from checking at the maintenance facilities on any aspect of the contracted work if he wishes to do so to satisfy his responsibility for the airworthiness of the aircraft. AMC M.A.201 (h) 1- Responsibilities 1. An operator only needs to be approved for the management of the continuing airworthiness of the aircraft listed on its AOC. The approval to carry out airworthiness reviews is optional. 2. This approval does not prevent the operator subcontracting certain continuing airworthiness management tasks to competent persons or organisations. This activity is considered as an integral element of the operator’s M.A. Subpart G approval. The regulatory monitoring is exercised through the operator’s M.A. Subpart G. approval. The contracts should be acceptable to the competent authority. 3. The accomplishment of continuing airworthiness activities forms an important part of the operator’s responsibility with the operator remaining accountable for satisfactory completion irrespective of any contract that may be established. 4. Part-M does not provide for organisations to be independently approved to perform continuing airworthiness management tasks on behalf of commercial air transport ED Decision No 2003/19/RM 28/11/2003 operators. The approval of such activity is vested in the operator’s air operator’s certificate (AOC). The sub-contracted organisation is considered to perform the continuing airworthiness management tasks as an integral part of the operator's continuing airworthiness management system, irrespective of any other approval held by the subcontractor including a M.A. Subpart G approval. 5. The operator is ultimately responsible and therefore accountable for the airworthiness of its aircraft. To exercise this responsibility the operator should be satisfied that the actions taken by sub-contracted organisations meet the standards required by M.A. Subpart G. The operator's management of such activities should therefore be accomplished (a) by active control through direct involvement and/or (b) by endorsing the recommendations made by the sub-contracted organisation. 6. In order to retain ultimate responsibility the operator should limit sub-contracted tasks to the activities specified below: (a) airworthiness directive analysis and planning (b) service bulletin analysis (c) planning of maintenance (d) reliability monitoring, engine health monitoring (e) maintenance programme development and amendments (f) any other activities which do not limit the operators responsibilities as agreed by the competent authority. 7. The operator's management controls associated with sub-contracted continuing airworthiness management tasks should be reflected in the associated written contract and be in accordance with the operator's policy and procedures defined in his continuing airworthiness management exposition. When such tasks are sub-contracted the operator's continuing airworthiness management system is considered to be extended to the sub- contracted organisation. 8. With the exception of engines and auxiliary power units contracts would normally be limited to one organisation per aircraft type for any combination of the activities described in Appendix 2. Where arrangements are made with more than one organisation the operator should demonstrate adequate co-ordination controls are in place and that the individual responsibilities are clearly defined in related contracts. 9. Contracts should not authorise the sub-contracted organisation to sub-contract to other organisations elements of the continuing airworthiness management tasks. 10. The operator should ensure that any findings arising from the competent authority monitoring of the sub-contracted continuing airworthiness management tasks will be closed to the satisfaction of the competent authority. This provision should be included in the contract. 11. The sub-contracted organisation should agree to notify the respective operators of any changes affecting the contracts as soon as practical. The operator should then inform its competent authority. Failure to do so may invalidate the competent authority acceptance of the contract. 12. Appendix II provides information on the sub-contracting of continuing airworthiness management tasks. ED Decision No 2003/19/RM 28/11/2003 13. The operator should only sub contract to organisations which are specified by the competent authority on the AOC or EASA Form 14 as applicable. AMC M.A.201 (h) 2- Responsibilities 1. The requirement is intended to provide for the possibility of the following three alternative options: (a) an operator to be approved in accordance with Part-145 to carry out all maintenance of the aircraft and components; (b) an operator to be approved in accordance with Part-145 to carry out some of the maintenance of the aircraft and components. This, at minimum, could be limited line maintenance but may be considerably more but still short of option (a); (c) An operator not approved in accordance with Part-145 to carry out any maintenance. 2. An operator or prospective operator may apply for any one of these options but it will be for the competent authority to determine which option may be accepted in each particular case. 2.1 To make this determination the competent authority will apply the primary criteria of relevant operator experience if carrying out some or all maintenance on comparable aircraft. Therefore where an operator applies for option (a) – all maintenance – the competent authority will need to be satisfied that the operator has sufficient experience of carrying out all maintenance on a comparable type. For example, assuming that the experience is judged satisfactory, then it is reasonable from the maintenance viewpoint to add a different wide bodied aircraft to an existing wide bodied fleet. If the experience is not satisfactory or too limited the competent authority may choose either to require more experienced management and/or more experienced release to service staff or may refuse to accept the new wide bodied aircraft if extra experienced staff cannot be found. Option (b) or (c) may be possible alternatives. 2.2 Where an operator applies for option (b) – some maintenance or the competent authority has been unable to accept an application for option (a) – then satisfactory experience is again the key but in this case the satisfactory experience is related to the reduced maintenance of this option. If the experience is not satisfactory or too limited the competent authority may choose to require more experienced staff or may refuse to accept the application if such staff cannot be found. Option (c) may be the possible alternative. Option (c) accepts that the operator either does not have satisfactory experience or has only limited experience of some maintenance. 2.3 The competent authority will require an operator to enter into a contract with an appropriately approved Part-145 organisation except in those cases where the competent authority believes that it is possible to obtain sufficient satisfactorily experienced staff to provide the minimal maintenance support for option (b), in which case option (b) would apply. 2.4 In respect of this paragraph, ‘experience’ means staff who have proven evidence that they were directly involved with at least line maintenance of similar aircraft types for not less than 12 months. Such experience should be demonstrated to be satisfactory. An operator is required to have enough personnel meeting the requirement of M.A.706 to manage the maintenance responsibility whichever option is used. ED Decision No 2003/19/RM 28/11/2003 AMC M.A.202 (a) Occurrence reporting Accountable persons or organisations should ensure that the type certificate (TC) holder receives adequate reports of occurrences for that aircraft type, to enable it to issue appropriate service instructions and recommendations to all owners or operators. Liaison with the TC holder is recommended to establish whether published or proposed service information will resolve the problem or to obtain a solution to a particular problem. An approved continuing airworthiness management or maintenance organisation should assign responsibility for co-ordinating action on airworthiness occurrences and for initiating any necessary further investigation and follow-up activity to a suitably qualified person with clearly defined authority and status. In respect of maintenance, reporting a condition that could seriously hazard the aircraft is normally limited to: - serious cracks, permanent deformation, burning or serious corrosion of structure found during scheduled maintenance of the aircraft or component. - failure of any emergency system during scheduled testing. AMC M.A.202 (b) Occurrence reporting The reports may be transmitted by any method i.e. electronically, by post or by facsimile. Each report should contain at least the following information: - reporter or organisations name and approval reference if applicable, - information necessary to identify the subject aircraft and or component, - date and time relative to any life or overhaul limitation in terms of flying hours/cycles/landings etc. as appropriate, - details of the occurrence. ED Decision No 2003/19/RM 28/11/2003 Subpart C CONTINUING AIRWORTHINESS AMC M.A.301 -1- Continuing airworthiness tasks 1. With regard to the pre-flight inspection it is intended to mean all of the actions necessary to ensure that the aircraft is fit to make the intended flight. These should typically include but are not necessarily limited to: (a) a walk-around type inspection of the aircraft and its emergency equipment for condition including, in particular, any obvious signs of wear, damage or leakage. In addition, the presence of all required equipment including emergency equipment should be established. (b) an inspection of the aircraft continuing airworthiness record system or the operators technical log as applicable to ensure that the intended flight is not adversely affected by any outstanding deferred defects and that no required maintenance action shown in the maintenance statement is overdue or will become due during the flight. (c) a control that consumable fluids, gases etc. uplifted prior to flight are of the correct specification, free from contamination, and correctly recorded. (d) a control that all doors are securely fastened. (e) a control that control surface and landing gear locks, pitot/static covers, restraint devices and engine/aperture blanks have been removed. (f) a control that all the aircraft’s external surfaces and engines are free from ice, snow, sand, dust etc. 2. Tasks such as oil and hydraulic fluid uplift and tyre inflation may be considered as part of the pre-flight inspection. The related pre-flight inspection instructions should address the procedures to determine where the necessary uplift or inflation results from an abnormal consumption and possibly requires additional maintenance action by the approved maintenance organisation or certifying staff as appropriate. 3. In the case of commercial air transport, an operator should publish guidance to maintenance and flight personnel and any other personnel performing pre-flight inspection tasks, as appropriate, defining responsibilities for these actions and, where tasks are contracted to other organisations, how their accomplishment is subject to the quality system of M.A.712. It should be demonstrated to the competent authority that pre-flight inspection personnel have received appropriate training for the relevant pre-flight inspection tasks. The training standard for personnel performing the pre-flight inspection should be described in the operator’s continuing airworthiness management exposition. AMC M.A.301 - 2- Continuing airworthiness tasks In the case of commercial air transport the operator should have a system to ensure that all defects affecting the safe operation of the aircraft are rectified within the limits prescribed by the approved minimum equipment list (MEL) or configuration deviation list (CDL) as appropriate. Also that such defect rectification cannot be postponed unless agreed by the operator and in accordance with a procedure approved by the competent authority. In the case of commercial air transport or large aircraft, a system of assessment should be in operation to support the continuing airworthiness of an aircraft and to provide a ED Decision No 2003/19/RM 28/11/2003 continuous analysis of the effectiveness of the M.A. Subpart G approved continuing airworthiness management organisation’s defect control system in use. The system should provide for: (a) significant incidents and defects: monitor incidents and defects that have occurred in flight and defects found during maintenance and overhaul, highlighting any that appear significant in their own right. (b) repetitive incidents and defects: monitor on a continuous basis defects occurring in flight and defects found during maintenance and overhaul, highlighting any that are repetitive. (c) deferred and carried forward defects: Monitor on a continuous basis deferred and carried forward defects. Deferred defects are defined as those defects reported in operational service which are deferred for later rectification. Carried forward defects are defined as those defects arising during maintenance which are carried forward for rectification at a later maintenance input. (d) unscheduled removals and system performance: analyse unscheduled component removals and the performance of aircraft systems for use as part of the maintenance programme efficiency. When deferring or carrying forward a defect the cumulative effect of a number of deferred or carried forward defects occurring on the same aircraft and any restrictions contained in the MEL should be considered. Whenever possible, deferred defects should be made known to the pilot/flight crew prior to their arrival at the aircraft. AMC M.A.301 - 3- Continuing airworthiness tasks The owner or the M.A. Subpart G approved continuing airworthiness management organisation as applicable should have a system to ensure that all aircraft maintenance checks are performed within the limits prescribed by the approved aircraft maintenance programme and that, whenever a maintenance check cannot be performed within the required time limit, its postponement is allowed in accordance with a procedure agreed by the appropriate competent authority. AMC M.A.301 - 4- Continuing airworthiness tasks The operator or the contracted M.A. Subpart G approved organisation as applicable should have a system to analyse the effectiveness of the maintenance programme, with regard to spares, established defects, malfunctions and damage, and to amend the maintenance programme accordingly. AMC M.A.301 -5- Continuing Airworthiness Tasks Operational directives with a continuing airworthiness impact include operating rules such as extended twin-engine operations (ETOPS) / long range operations (LROPS), reduced vertical separation minima (RVSM), MNPS, all weather operations (AWOPS), RNAV, etc.