Article 1 · Commission Regulation (EU) 2015/1536

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Article 1 #

Regulation (EU) No 1321/2014 is amended as follows:

(1)Article 1 is replaced by the following:‘Article 1Subject-matter and scopeThis Regulation establishes common technical requirements and administrative procedures to ensure:

(a)the continuing airworthiness of aircraft, including any component for installation thereto, which are:

(i)registered in a Member State, unless their regulatory safety oversight has been delegated to a third country and they are not used by an EU operator; or

(ii)registered in a third country and used by an EU operator, where their regulatory safety oversight has been delegated to a Member State;

(b)compliance with the essential requirements set out in Regulation (EC) No 216/2008 for continuing airworthiness of aircraft registered in a third country and components for installation thereon for which their regulatory safety oversight has not been delegated to a Member State that are dry leased-in by a licence air carrier in accordance with Regulation (EC) No 1008/2008 of the European Parliament and the Council^note.

(2)Article 2 is amended as follows:

(a)Point (g) is replaced by the following:‘(g)“commercial air transport (CAT) operation” means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration;’

(b)The following points are added:

(n)“critical maintenance task” means a maintenance task that involves the assembly or any disturbance of a system or any part on an aircraft, engine or propeller that, if an error occurred during its performance, could directly endanger the flight safety;

(o)“commercial specialised operations” means those operations subject to the requirements of Part-ORO, Subpart-SPO set out in Annex III to Commission Regulation (EU) No 965/2012^note;

(p)“limited operations” means the operations of other-than-complex motor-powered aircraft for:

(i)cost-shared flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six;

(ii)competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority;

(iii)introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and approved in accordance with Commission Regulation (EU) No 1178/2011^note, or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation;

For the purpose of this Regulation, “limited operations” are not considered as CAT operations or commercial specialised operations;

(q)“introductory flight” means “introductory flight” as defined in Article 2(9) of Regulation (EU) No 965/2012;

(r)“competition flight” means “competition flight” as defined in Article 2(10) of Regulation (EU) No 965/2012;

(s)“flying display” means “flying display” as defined in Article 2(11) of Regulation (EU) No 965/2012.

(3)Article 3 is amended as follows:

(a)Paragraphs 1, 2 and 3 are replaced by the following:‘1.The continuing airworthiness of aircraft referred to in Article 1(a) and components for installation thereon shall be ensured in accordance with the provisions of Annex I.2.Organisations and personnel involved in the continuing airworthiness of aircraft referred to in Article 1(a) and components for installation thereon, including maintenance, shall comply with Annex I and where appropriate the provisions specified in Articles 4 and 5.3.By way of derogation from paragraph 1, the continuing airworthiness of aircraft referred to in Article 1(a) holding a permit to fly, shall be ensured on the basis of the specific continuing airworthiness arrangements as defined in the permit to fly issued in accordance with Annex I (Part-21) to Commission Regulation (EU) No 748/2012.’

(b)The following paragraph 5 is added:‘5.The continuing airworthiness of aircraft referred to in Article 1(b) and components for installation thereon shall be ensured in accordance with the provisions of Annex Va.’

(4)In Article 4, paragraph 1 is replaced by the following:‘1.Maintenance organisation approvals shall be issued in accordance with the provisions of Annex I, Subpart F, or Annex II.’

(5)Article 8 is amended as follows:

(a)In paragraph 2, the following point (c) is added:‘(c)for aircraft registered in a third country and dry leased-in by air carriers licenced in accordance with Regulation (EC) No 1008/2008, until 25 August 2017, the requirements of Annex Va.’

(b)The following paragraph 2a is inserted:‘2a.By way of derogation from paragraph 1, the requirements for aircraft used for commercial specialised operations and CAT other than those by air carriers licenced in accordance with Regulation (EC) No 1008/2008, set out in Regulation (EU) No 965/2012, as amended by Regulation (EU) No 379/2014^note, shall apply from 21 April 2017.Until that time:

—The provisions of Annex I, point M.A.201(f) shall apply to complex motor-powered aircraft used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;

—The provisions of Annex I, point M.A.201(h) shall apply to other than complex motor-powered aircraft, used by operators requested by a Member State to hold a certificate for commercial operations other than licence air carriers in accordance with Regulation (EC) No 1008/2008 and to commercial ATOs;

—The provisions of Annex I, point M.A.306(a) shall apply to aircraft used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and aircraft used by operators requested by a Member State to hold a certificate for commercial operations;

—The provisions of Annex I, point M.A.801(c) shall apply to ELA1 not used by licence air carriers in accordance with Regulation (EC) No 1008/2008 and not used by commercial ATOs;

—The provisions of Annex I, point M.A.803(b) shall apply to non-complex motor-powered aircraft of 2730 kg MTOM and below, sailplane, powered sailplane or balloon, not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs;

—The provisions of Annex I, point M.A.901(g) shall apply to ELA1 aircraft not used by licence air carriers in accordance with Regulation (EC) No 1008/2008, or by operators requested by a Member State to hold a certificate for commercial operations, or by commercial ATOs.

(6)Annex I (Part-M) is amended in accordance with Annex I to this Regulation.

(7)Annex II (Part-145) is amended in accordance with Annex II to this Regulation.

(8)Annex III (Part-66) is amended in accordance with Annex III to this Regulation.

(9)The text set out in Annex IV to this Regulation is inserted as Annex Va (Part-T).

Defined terms · 6

Show every defined term

commercial specialised operations
means those operations subject to the requirements of Part-ORO, Subpart-SPO set out in Annex III to Commission Regulation (EU) No 965/2012;
competition flight
means “competition flight” as defined in Article 2(10) of Regulation (EU) No 965/2012;
critical maintenance task
means a maintenance task that involves the assembly or any disturbance of a system or any part on an aircraft, engine or propeller that, if an error occurred during its performance, could directly endanger the flight safety;
flying display
means “flying display” as defined in Article 2(11) of Regulation (EU) No 965/2012.
introductory flight
means “introductory flight” as defined in Article 2(9) of Regulation (EU) No 965/2012;
limited operations
means the operations of other-than-complex motor-powered aircraft for: For the purpose of this Regulation, “limited operations” are not considered as CAT operations or commercial specialised operations;

Commission Regulation (EU) 2015/1536

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Defined terms · 6

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