Commission Implementing Regulation (EU) 2026/100

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91^note, and in particular Article 17(1), points (a), (e) and (g), Article 62(14), point (a), and Article 72(5) thereof,Whereas:

(1)Commission Regulation (EU) No 748/2012^note lays down the requirements for the initial airworthiness of aircraft, including the requirements for the issuance of the certificate of airworthiness and restricted certificate of airworthiness.

(2)Commission Regulation (EU) No 1321/2014^note lays down the requirements for the continuing airworthiness of aircraft, including the requirements for the issuance of the airworthiness review certificate.

(3)The complexity of those implementing rules should be reduced to align them with the risks associated with different categories of aircraft, types of operations and the history of aircraft. It is necessary to simplify and harmonise the rules set out in the Annexes to Regulations (EU) No 748/2012 and (EU) No 1321/2014 in order to make them clearer and to avoid misinterpretations.

(4)In accordance with Annex I (Part-M) and Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, an aircraft is to periodically undergo an airworthiness review to ensure the validity of the airworthiness certificate. The satisfactory completion of an airworthiness review results in an airworthiness review certificate (ARC) or a recommendation for the issuance of an ARC, as applicable. In the case that a recommendation is issued, it is to be sent to the national competent authority which, after a satisfactory assessment, issues the ARC.

(5)The need for a recommendation should be limited to cases where the involvement of the national competent authorities is necessary to guarantee the expected safety level. Therefore, in order to enhance the efficiency of the airworthiness review, it is necessary to introduce changes to the requirements on the airworthiness review set out in Annex I (Part-M), Annex Vb (Part-ML), Annex Vc (Part-CAMO) and Annex Vd (Part-CAO) to Regulation (EU) No 1321/2014.

(6)Due to the complex dependencies between Regulations (EU) No 748/2012 and (EU) No 1321/2014 in relation to respectively airworthiness certificate and ARC, it is necessary to enhance the alignment between those two Regulations, particularly for aircraft transferred between Member States or imported into the Union.

(7)In order to enhance the free movement of aircraft within the Union it is necessary to facilitate the process for issuing airworthiness certificates when aircraft are transferred between Member States and to allow applicants to request an airworthiness certificate from the national competent authority of the Member State where they wish to register the aircraft.

(8)It is necessary to foster the exchange of information between national competent authorities whenever a significant non-compliance is detected, which lowers safety or seriously endangers flight safety.

(9)The exchange of information is particularly important when the competent authority of the state of registry is different from the competent authority of the organisation responsible for the continuing airworthiness of the aircraft or the competent authority of the organisation that issued the ARC.

(10)Application requirements for certificates of airworthiness and restricted certificates of airworthiness should be amended to include cases of used aircraft other than aircraft originating from third countries, such as aircraft previously used for activities or services defined in Article 2(3), point (a), of Regulation (EU) 2018/1139.

(11)When applying for a certificate of airworthiness or a restricted certificate of airworthiness for an aircraft imported from a third country, a statement reflecting the airworthiness status of an aircraft is required. Where that statement is unavailable and cannot be obtained, an alternative mechanism based on investigation and evaluation activities should be introduced.

(12)Regulation (EU) No 376/2014 of the European Parliament and of the Council^note lays down specific obligations for the organisations and individuals regarding the reporting, analysis and follow-up of occurrences in civil aviation. Those obligations subsist in parallel with the reporting requirements established by Regulation (EU) No 1321/2014. To ensure compliance and uniform implementation of those obligations, the occurrence-reporting systems of the organisations and individuals subject to Regulation (EU) No 1321/2014 should be aligned with the principles set out in Regulation (EU) No 376/2014.

(13)Regulations (EU) No 748/2012 and (EU) No 1321/2014 should therefore be amended accordingly.

(14)Commission Implementing Regulation (EU) 2025/111^note amended Regulation (EU) No 1321/2014 by introducing the B1.E licence subcategory for aeroplanes with electric power plant and a maximum take-off mass (MTOM) below 5700 kg. In that respect, a Article 5(8) of Regulation (EU) No 1321/2014 grants a derogation to facilitate the transitioning to that new licence subcategory. The derogation allows aeroplanes with electric powerplant and a MTOM below 5700 kg to be endorsed in existing licence subcategories B1.1 and B1.2 until 13 February 2028. That derogation refers to point 66.A.3(1)(b) of Annex III (Part-66) to Regulation (EU) No 1321/2014, but should be corrected to refer to point 66.A.3(a)(2) of that Annex to cover the B1.E subcategory.

(15)Commission Implementing Regulation (EU) 2023/203^note amended Regulation (EU) No 1321/2014 by adding a new point to point CAMO.B.300 in Annex Vc (Part-CAMO) to that Regulation. The point was added as point (g), whereas it should have been added as point (h) since point (g) had already been added to point CAMO.B.300 by Commission Implementing Regulation (EU) 2022/410^note.

(16)Regulation (EU) No 1321/2014 should therefore be corrected accordingly, and the corrections should apply from the dates when Implementing Regulations (EU) 2025/111 and (EU) 2023/203, respectively, become applicable.

(17)The measures provided for in this Regulation are in accordance with Opinion No 08/2024, issued by the European Union Aviation Safety Agency in accordance with Article 76(1) of Regulation (EU) 2018/1139.

(18)The measures provided for in this Regulation are in accordance with the opinion of the committee established in accordance with Article 127(1) of Regulation (EU) 2018/1139,

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