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NPA 2019-5 (A)

Lennuamet · 17. aprill 2019
Viit
3.4-6/19/1604-1
Registreeritud
17. aprill 2019
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Kiri sissetulev
Adressaat
Euroopa Lennundusohutusamet
Saabumis/saatmisviis
e-post
Funktsioon
3.4 Euroopa lennuohutusametiga (EASA) koostöö korraldamine
Sari
3.4-6 NPA’d ja EASA opinion’id
Toimik
3.4-6/2019
Vastutaja
Anastasia Levin (Juhtkond, Juhtkond)
Lahendamise tähtaeg
17. juuli 2019

Failid

  • 📎NPA 2019-05 (A).pdf1815 KB
  • 📎NPA 2019-05 (B).pdf3376 KB
  • 📎NPA 2019-05 (C).pdf2472 KB

Sisu (failidest)

European Union Aviation Safety Agency Notice of Proposed Amendment 2019-05 (A) Embodiment of safety management system (SMS) requirements into Part-145 and Part 21 RMT.0251 PHASE II EXECUTIVE SUMMARY With reference to Rulemaking Task (RMT).0251 Phase II in EPAS 2019-2023, this Notice of Proposed Amendment (NPA) proposes amendments to Annex I (Part 21) to Regulation (EU) No 748/2012 and Annex II (Part-145) to Regulation (EU) No 1321/2014, in order to: — introduce safety management principles that implement ICAO Annex 19; and — foster an organisational culture for effective safety management and effective occurrence reporting in accordance with Commission Regulation (EU) No 376/2014. Note 1: Phase I of RMT.0251 was limited to the introduction of safety management requirements into Part- CAMO (see Opinion No 06/2016). Note 2: The review of the occurrence reporting system was governed by RMT.0681, but certain additional changes are proposed through this RMT, in light of the principles of ICAO Annex 19, Chapter 5. This NPA proposes to consider the applicability of safety management systems (SMSs) to Part-145 approved maintenance organisations, as well as to production and design organisations that are approved in accordance with Subparts G and J of Part 21. By doing so, safety will be enhanced through: — the establishment of safety policies and objectives that are associated with sufficient resources; — the systematic identification of hazards, and a risk management system; — the safety assurance system, including giving consideration to safety performance; and — safety promotion. This RMT also aims to streamline the procedures for oversight, and introduce a set of new, common management system requirements for competent authorities to increase their efficiency. NPA 2019-05 is divided into three parts. The present NPA 2019-05 (A) includes: — the procedural information pertaining to the regulatory proposal; — the explanatory note to the proposed amendments; — the regulatory impact assessment; and — a detailed summary of the proposed amendments (see Chapter 7 ‘Appendices’). The draft implementing rules (IRs) as well as the draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) for Part 21 are proposed in NPA 2019-05 (B), whereas those for Part-145 are proposed in NPA 2019-05 (C). Action area: Systemic enablers to safety — safety management Affected rules: Part-145 and Part 21 Affected stakeholders: AMOs (Part-145); POA holders; DOA holders; ETSOA holders; competent authorities Driver: Safety Rulemaking group: No (but Focused Consultation Group) Impact assessment: Full Rulemaking Procedure: Standard 12.7.2017 17.4.2019 2020/Q1 2020/Q3 2020/Q3 TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 1 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) Table of contents Table of contents 1. About this NPA...................................................................................................................... 3 1.1. How this NPA was developed .................................................................................................... 3 1.2. How to comment on this NPA ................................................................................................... 4 1.3. The next steps............................................................................................................................ 4 2. In summary — why and what ................................................................................................ 5 2.1. Why we need to change the rules — issue/rationale ............................................................... 5 2.2. What we want to achieve — objectives .................................................................................... 5 2.3. How we want to achieve it — overview of the proposals......................................................... 6 2.3.1. Summary of changes to Part-145 ...................................................................................... 6 2.3.2. Summary of changes to Part 21 ........................................................................................ 7 2.3.3. Specific commonalities and differences between Part-145 and Part 21 .......................... 8 2.4. What are the expected benefits and drawbacks of the proposals ........................................... 9 3. Proposed amendments and rationale .................................................................................. 11 3.1. Draft regulation (Draft EASA opinion) for Part 21 ................................................................... 11 3.2. Draft AMC & GM (Draft EASA decision) for Part 21 ................................................................ 11 3.3. Draft regulation (Draft EASA opinion) for Part-145................................................................. 11 3.4. Draft AMC and GM (Draft EASA decision) for Part-145 .......................................................... 11 4. Impact assessment (IA)........................................................................................................ 12 4.1. What is the issue ..................................................................................................................... 12 4.1.1. Introduction .................................................................................................................... 12 4.1.2. Evidence gathering — EASA questionnaire..................................................................... 13 4.1.3. Safety risk assessment .................................................................................................... 13 4.1.4. Who is affected? ............................................................................................................. 14 4.2. What we want to achieve — objectives .................................................................................. 14 4.3. How it could be achieved — background and options............................................................ 14 4.4. What are the impacts .............................................................................................................. 17 4.4.1. Introduction to the impact analysis ................................................................................ 17 4.4.2. Relevant elements from the EASA questionnaire ........................................................... 18 4.4.3. Safety impact................................................................................................................... 19 4.4.4. Environmental impact ..................................................................................................... 20 4.4.5. Social impact ................................................................................................................... 20 4.4.6. Economic impact ............................................................................................................. 21 4.4.7. Proportionality impact .................................................................................................... 23 4.5. Conclusion ............................................................................................................................... 24 4.6. Monitoring and evaluation ...................................................................................................... 27 5. Proposed actions to support implementation ...................................................................... 29 6. References .......................................................................................................................... 31 6.1. Affected regulations ................................................................................................................ 31 6.2. Affected decisions ................................................................................................................... 31 6.3. Other reference documents .................................................................................................... 31 7. Appendices ......................................................................................................................... 33 7.1. Appendix I — Detailed summary of changes to Part 21.......................................................... 33 7.2. Appendix II — Detailed summary of changes for Part-145 ..................................................... 50 7.3. Appendix III — EASA questionnaire......................................................................................... 61 TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 2 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 1. About this NPA 1. About this NPA 1.1. How this NPA was developed The European Union Aviation Safety Agency (EASA) developed this NPA in line with Regulation (EU) 2018/11391 (Basic Regulation) and the Rulemaking Procedure2. This rulemaking activity is included in the European Plan for Aviation Safety (EPAS)3 under RMT.0251. The text of this NPA has been developed by EASA based on the input from a focused consultation group (FCG). It is hereby submitted to all interested parties4 for consultation. RMT.0251 (old task number: MDM.055) was initiated in October 2010 as an ‘Agency task’; it was originally intended to cover all airworthiness domains. Part-M (Annex I to Regulation (EU) No 1321/20145) and Part-145 were covered by the issuing of NPA 2013-01(B) and NPA 2013-01(C) respectively. For efficiency reasons, and due to the parallel RMT for a light Part-M (RMT.0547 in the context of the GA roadmap), it was then decided to split the work into two phases: — Phase I focused on the introduction of SMSs into Part-M, and its outcome was Opinion No 06/2016 (Part-CAMO), in conjunction with the outcome of RMT.0547 — Opinion No 05/2016 (Part-ML and Part-CAO); — Phase II focuses on the introduction of SMSs into Part 21 ((Annex I to Regulation (EU) No 748/20126) and Part-145 (Annex I to Regulation (EU) No 1321/2014), with a new consultation based on the results of Phase I. Although no CRD was issued for the first NPA 2013- 01(C) on Part-145, the text proposed in this NPA takes into account the comments received on that first NPA. A new Terms of Reference (ToR) for Phase II document was published on 12 July 20177, which established a FCG with competent authority and industry representatives, some of whom had already taken part in Phase I. 1 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 (OJ L 212, 22.8.2018, p. 1) (https://eur- lex.europa.eu/legal-content/EN/TXT/?qid=1535612134845&uri= CELEX:32018R1139). 2 EASA is bound to follow a structured rulemaking process as required by Article 115(1) of Regulation (EU) 2018/1139. Such a process has been adopted by the EASA Management Board (MB) and is referred to as the ‘Rulemaking Procedure’. See MB Decision No 18-2015 of 15 December 2015 replacing Decision 01/2012 concerning the procedure to be applied by EASA for the issuing of opinions, certification specifications and guidance material (http://www.easa.europa.eu/the- agency/management-board/decisions/easa-mb-decision-18-2015-rulemaking-procedure). 3 https://www.easa.europa.eu/document-library/general-publications?publication_type%5B%5D=2467 4 In accordance with Article 115 of Regulation (EU) 2018/1139 and Articles 6(3) and 7 of the Rulemaking Procedure. 5 Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1) (https://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1549461562202&uri=CELEX:32014R1321). 6 Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1) (https://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1549462558558&uri=CELEX:32012R0748). 7 https://www.easa.europa.eu/document-library/terms-of-reference-and-group-compositions/tor-rmt0251b-mdm055- mdm060 TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 3 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 1. About this NPA Since the publication of Issue 1 of the ToR, ICAO has published the fourth edition of the Safety Management Manual (ICAO Doc 9859), which is aligned with the second issue of ICAO Annex 19. The proposed changes to the rules in this NPA benefit, to a certain extent, from the material in that newly edited ICAO document. On 20 August 2018, new Basic Regulation (Regulation (EU) 2018/1139), which repealed Regulation (EC) No 216/2008, was published. In Part-145, all references were updated since this NPA proposes changes to all points of the Regulation. For Part 21, only the points affected by SMS have been modified to reference the new Basic Regulation. The remaining points that are not proposed in this NPA to be amended still refer to Regulation (EC) No 216/2008. The update of the references to Regulation (EU) 2018/1139 should not be considered as an assessment of the impact of that Regulation to Part 21. This will be conducted through a dedicated rulemaking task (RMT.0727). 1.2. How to comment on this NPA Please submit your comments using the automated Comment-Response Tool (CRT) available at http://hub.easa.europa.eu/crt/8. The deadline for submission of comments is 17 July 2019. 1.3. The next steps Following the closing of the public commenting period, EASA will review all the comments with the support of the FCG. Based on the comments received, EASA will issue opinions containing the proposed amendments to Regulations (EU) No 748/2012 and (EU) 1321/2014. Summaries of the comments received will be provided in the opinions. The opinions will be submitted to the European Commission, which will use them as a technical basis in order to take a decision on whether or not to amend the Regulations. If the Commission decides that the Regulations should be amended, EASA will issue decisions that amend the AMC & GM to comply with the amendments introduced into the Regulation. The comments received on this NPA and the EASA responses to them will be reflected in comment-response documents (CRDs). This CRD will be available on the EASA website and will be the basis for the development of the Opinions and Decisions, which will be respectively proposed for adoption by the European Commission and approved by EASA. The opinions will include a proposal for transition measures for organisations and authorities to adapt to the new requirements. The European Commission, along with the EU Member States, will validate it. At this stage of the project, a transitional period of two years after the Regulations enter into force is suggested. 8 In case of technical problems, please contact the CRT webmaster ([email protected]). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 4 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 2. In summary — why and what 2. In summary — why and what 2.1. Why we need to change the rules — issue/rationale Pursuing the objectives of the Basic Regulation regarding the development of EU rules, EASA shall issue opinions addressed to the European Commission (proposing amendments to regulations) and Decisions (issuing AMC & GM). When doing so, it shall consider International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs) (see EASA Management Board Decision No 18-2015, Article 6). At the end of 2013, ICAO published the first Edition of the Safety Management Annex (here referred to as ‘ICAO Annex 19’). Later in 2016, ICAO published the second edition of that document. According to that document, the use of an SMS is foreseen in maintenance, design and production. For design and production organisations, the existing legal EU framework already includes organisational requirements that cover certain safety management aspects, but the safety management SARPs9, which stem from ICAO Annex 19, are not consistently implemented. In particular, Part 21 already imposes, in some cases, the necessity for an organisation to seek an organisational approval (i.e. design organisation approval (DOA) and production organisation approval (POA)) after demonstrating that they are able to ensure the safety of their product through the compliance of the design with the technical specifications or the conformity of the production with the design data. Some provisions required for such organisational approvals are similar to those required for an SMS by ICAO Annex 19, as better explained later in this document. For maintenance, a decision has already been taken on how to introduce SMS into Part-145 (see Section 4.3 for further details). No exemptions have been issued in accordance with Article 71 of the Basic Regulation that are pertinent to the scope of Phase II of this RMT. 2.2. What we want to achieve — objectives The overall objectives of the EASA system are defined in Article 1 of the Basic Regulation. This proposal will contribute to the achievement of these objectives by addressing the issues outlined in Section 2.1. The specific objectives of this proposal are to: — further improve the level of safety with respect to Part-145 and Part 21 organisations; — overcome obstacles related to the mutual acceptance of approvals; — foster the principles of safety management as indicated in the ICAO Annex 19 SARPs, second edition, taking due account of the critical elements of a State’s safety oversight system as defined in ICAO Annex 19, Appendix 1; — streamline the procedures for oversight and enforcement, and increase the efficiency of the management system requirements for competent authorities; and 9 Design, production and maintenance are the last aviation domains into which safety management requirements have not yet been introduced. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 5 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 2. In summary — why and what — support the implementation of the 2019-2023 EPAS, notably Section 5.2 (e.g. systemic safety enablers, safety management), as a strategic priority. 2.3. How we want to achieve it — overview of the proposals To develop this regulatory proposal, the FCG was consulted during three meetings between December 2017 and June 2018. An additional written consultation of the draft proposal for Part 21 only, for the sake of maturity, was organised after these three meetings. 2.3.1. Summary of changes to Part-145 For Part-145, the majority of the changes are based on Opinion No 06/2016 (Part-CAMO) and the associated proposed AMC & GM, which are themselves based on Subparts GEN of the authority and organisation requirements (AR/OR) in the Regulations for civil aviation air crew10 and air operations11, and the related AMC & GM respectively. It thus fosters alignment with the content of Regulation (EU) No 965/2012, notably in the case of multiple approvals if an aircraft operator also holds Part-CAMO and/or Part-145 approvals. The newly introduced SMS elements in Part-145 follow the integrated approach used in the other domains, through the introduction of an integrated management system. As example, the new ‘management system’ of point 145.A.200 for Part-145 is introduced; it incorporates the existing quality system of point 145.A.65 with the ICAO SMS SARPs in an integrated management system. The resulting text resembles ORO.GEN.200 in Regulation (EU) No 965/2012. This process is called the ‘integrated management system’. However, some differences may exist with imported Part-CAMO text due to regulatory constraints, such as differences in the regulatory numbering system; or the specific needs of each of the EU regulations. For clarity or consistency, the text could not be identical to that in Part-CAMO. In other cases, no equivalent text existed in Part-145, in particular when the introduced changes went beyond the straightforward introduction of a management system, dealing with other general aspects such as applications, alternative means of compliance (AltMoC), changes, access, findings, etc. However, these differences does not impact the intent of the regulator for that NPA. Some minor improvements to the imported Part-CAMO text have also been proposed through this NPA, mainly for reasons of clarity or language improvement. The text may also benefit from some improvements proposed during the adoption of Part-CAMO being currently under review. Again these changes should not change the meaning, notably for Section B (i.e. the authority requirements). Several Part-145 points have also been amended to highlight certain risks related to maintenance activities (e.g. fatigue and external working teams in 145.A.47). 10 Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1) (https://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1549467168079&uri=CELEX:32011R1178). 11 Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1) (https://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1549466927988&uri=CELEX:32012R0965). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 6 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 2. In summary — why and what In accordance with ICAO Annex 19, all Part-145 organisations should implement an SMS without exception: the new safety management requirements introduced into the EU regulatory framework apply to all types of Part-145 approved organisations. A more detailed list of the proposed changes to Part-145 is provided in Appendix II to this NPA. 2.3.2. Summary of changes to Part 21 Rather than ‘organisation-centric’, the Part 21 Section A requirements are more ‘product-centric’. Moving to an integrated management system in Part 21 would have too much diluted the importance of the quality (management) system and the design assurance system, which are specific, integral parts of the production and design system (see points 21.A.139 and 21.A.239). In addition, Part 21 already includes detailed organisational requirements for approved production and design organisations that match some of the ICAO Annex 19 related SARPs. Fully aligning Part 21 with the SMS requirements in the other domains would thus: — entail extensive changes to Part 21, making the alignment complex; and — potentially affect Part 21 organisations, requiring a review of their processes or procedures, without leading to a clear safety benefit. Consequently, the changes to Part 21 Section A (organisation requirements) have been limited to the introduction of the ICAO SMS framework (ICAO Annex 19, Second Edition, Appendix II), based on a gap analysis performed between the ICAO SMS framework and the existing Part 21 requirements. It is therefore proposed in this NPA that the 12 elements of an SMS applicable to an organisation, as defined in Appendix II to ICAO Annex 19, should be added to the Part 21 organisational requirements, respectively in points 21.A.139 (i.e. ‘Quality system’ for ‘production’) and 21.A.239 (i.e. ‘Design assurance system’). By doing so, the existing rule structure for Section A remains unchanged, and the volume of changes is limited. The new safety management requirements apply to all Part 21 approved organisations (POA holders and DOA holders, excluding the alternative procedures to DOAs). See Chapter 4 for further details. The concepts of hazard identification, risk management and mitigation, as well as occurrence reporting, are already well embedded in the culture and rules associated with the design and production of the products, parts and appliances as described in the various Certification Specifications (CSs) and in points 21.A.3A, 21.A.139 and 21.A.239. This means that the alignment of the occurrence reporting system required by Regulation (EU) No 376/201412 has been considered in this NPA to be notably consistent with ICAO Annex 19, Chapter 5 and its Appendix III and the development of RMT.0681. For Section B, the authority requirements have been aligned with the other aviation domains, in an approach that is similar to the one for Part-145. However, some peculiarities of the Part 21 rules had to be kept. The main following elements have been introduced: 12 Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (https://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1532624380599&uri=CELEX:32014R0376). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 7 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 2. In summary — why and what — risk-based oversight and the recognition of organisations that have good performance through the use of flexible oversight planning cycles and extensions to 36 and 48 months; — the concept of AltMoC for production organisations; and — instead of 36 months currently applied, the text proposed a DOA basic oversight cycle of 24 months with the option to extend it to 36 or 48 months when conditions are met, as already regulated in the other domains [see ARO.GEN.305]. Once the proposed regulation becomes applicable, EASA will immediately apply a 36 months cycle to all existing DOAs already meeting the conditions to be eligible for a 36 month oversight cycle. Finally, a set of AMC & GM has been developed, consistent with those provided in other domains, to demonstrate compliance with the SMS requirement. In this way, an organisation that already holds several approval certificates may reuse the evidence already produced for the other domains or in the case of an integrated management system. A more detailed list of the proposed changes to Part 21 is provided in Appendix I to this NPA. 2.3.3. Specific commonalities and differences between Part-145 and Part 21 As mentioned earlier, the volume of changes to Part 21 has been kept as low as possible, by building on the existing Part 21 structure. On the contrary, it was easier to reshape and align Part-145 with the Air OPS rules: by doing so, the common regulatory framework is fostered when a CAMO-approved aircraft operator also holds a Part-145 approval. Although the two Regulations are considered to be aligned with the SMS principles that stem from ICAO Annex 19, they might be different in their wording and regulatory structures. As a result, some SMS principles in Part-145 may have a different regulatory status from that in Part 21. This is inherent in the fact that the two pieces of legislation have evolved in different manners over time. Notably, for Section A, Part 21 focuses more on the ‘product’, whereas Part-145 focuses more on the organisational requirements. The future roadmap for OR/AR should resolve that difference. Unlike the proposed changes for Part-145, the Part 21 approach does not foster an ‘integrated management system’. However, the Part 21 organisation may go for an integrated management system especially when several approvals are held. All in all, although the approach taken for Part 21 and for Part-145 differ, the proposed changes do not bring any incompatibility as they basically follow the SMS framework and the spirit of ICAO Annex 19 or ICAO Doc 9859. Lastly, AMC have been introduced for points 21.A.139 (see AMC1 21.A.139(c)) and 21.A.239 (see AMC1 21.A.239(c)) for the acceptability of the SMS Industry Standard ‘Implementing a Safety Management System in Design, Manufacturing and Maintenance Organizations’ SM001 Issue A - September 17th, 201813 to demonstrate compliance with the EU SMS requirements in Part 21.These AMC identify some gaps between this SMS industry standard and the SMS elements of the management system defined in Part 21. — SMS Industry Standard SM-0001 has been developed by the Aerospace and Defence Industries Association of Europe (ASD), the Aerospace Industries Association of America (AIA), the 13 https://www.asd-europe.org/sites/default/files/atoms/files/SMS%20Standard_final%20issue%20A_20180917.pdf TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 8 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 2. In summary — why and what Aerospace Industries Association of Brazil (AIAB), the Aerospace Industries Association of Canada (AIAC) and the General Aviation Manufacturers Association (GAMA). — Intended to improve safety performance and enhance safety culture, this document provides explanations and some guidance material for compliance with the provisions of ICAO Annex 19, Appendix II ‘Framework for a Safety Management System’. It essentially contains:  some Part 21 best practices to identify hazards and to conduct safety risk management (SRM);  sources of data for safety assurance as well as safety performance indicators (SPIs);  interfaces between organisations, notably within consortiums (i.e. corporate SMS) or with suppliers or organisations that have not implemented an SMS;  considerations regarding other management systems (e.g. quality management system, security management system); and  an SMS implementation plan and an SMS assessment tool based on the one developed by SM ICG14. — However, SMS Industry Standard SM-0001 at Issue A is not found suitable for introduction into the AMC to Part-145. 2.4. What are the expected benefits and drawbacks of the proposals The proposed changes: — implement ICAO Annex 19, notably through the introduction of SMS principles, safety risk management and continuous improvement; — foster an organisational safety culture for effective safety management and effective occurrence reporting, whether it is mandatory or voluntary, to be coherent with Regulation (EU) No 376/2014; and — streamline as much as possible the Section B oversight requirements for Part-145 and Part 21 organisations, due to an approach that is common with other domains. The intended effects would be the: — enhancement of safety by contributing to effective hazard identification, risk management capabilities and error reduction, and by improving transparency; — promotion of a positive safety culture; and — improvement in terms of flexibility and proportionality, in particular regarding management system requirements. Despite the difference in approach between Section A for Part 21 (i.e. gap analysis with ICAO Annex 19) and that of Part-145 (i.e. integrated management system), the alignment of the SMS principles will facilitate the reuse of activities and documentation that has been already developed for 14 The Safety Management International Collaboration Group (SM ICG) is a group of 18 aviation regulatory bodies, established in 2009 to promote a common understanding of safety management principles and requirements, facilitating their application across the international aviation community. A repository of SMICG products can be accessed free of charge at https://www.skybrary.aero/index.php/Safety_Management_International_Collaboration_Group_(SM_ICG). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 9 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 2. In summary — why and what compliance demonstration in other domains. This is further supported at the AMC & GM level, where the same material has been used in the two domains, insofar as this was possible. This drawback is therefore mitigated for Part-145-organisations that hold a DOA or a POA, and vice versa. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 10 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 3. Proposed amendments and rationale in detail 3. Proposed amendments and rationale A detailed summary of the regulatory changes can be found: — for Part 21 in Appendix 7.1; and — for Part-145 in Appendix 7.2. 3.1. Draft regulation (Draft EASA opinion) for Part 21 Refer to NPA 2019-05 (B) 3.2. Draft AMC & GM (Draft EASA decision) for Part 21 Refer to NPA 2019-05 (B) 3.3. Draft regulation (Draft EASA opinion) for Part-145 Refer to NPA 2019-05 (C) 3.4. Draft AMC and GM (Draft EASA decision) for Part-145 Refer to NPA 2019-05 (C) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 11 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment 4. Impact assessment (IA) 4.1. What is the issue 4.1.1. Introduction The first edition of ICAO Annex 19 became applicable on 14 November 2013 for design, production and maintenance activities. Without waiting for the EU rules to embed ICAO Annex 19, some organisations that hold multiple approvals, for which an SMS is already mandatory, or that have branches or conduct business in non-EU States where an SMS is already mandatory, have already extended the safety management principles to their design, production and maintenance activities, for the sake of coherence or business needs. Some major organisations, such as large production or maintenance organisations, have also felt the benefit of having a risk management system and a robust occurrence reporting system embedded in their corporate safety culture. Finally, a number of EASA Member States such as France, Switzerland, and the United Kingdom have already mandated the implementation of SMSs for maintenance organisations. Some other EASA Member States have encouraged the implementation of SMSs on a voluntary basis. For all these reasons, an SMS is not a novelty, and the overall impact is limited, notably for the maintenance organisations. Pursuing the objectives of the Basic Regulation regarding the development of the EU rules, EASA proposes to implement the ICAO safety management SARPs for the design, production and maintenance organisation and authority requirements. Additionally, the Basic Regulation calls for a management system, for continuous improvement of this system, and an occurrence reporting system that supports that management system (see its Annex I, Section 3.1). Design, production and maintenance are the last aviation domains into which safety management requirements have not yet been introduced. Failure to implement an SMS as an ICAO international standard will: (a) pose obstacles for the mutual acceptance of approvals under bilateral agreements; (b) be detrimental to the objective of continuous improvement of the overall level of safety, as a significant segment of the air transportation system would not implement the safety management principles; (c) minimise the safety role of a reinforced occurrence reporting system as described in Chapter 5 of ICAO Annex 19 and in Regulation (EU) No 376/2014; (d) not streamline the management system requirements for the competent authorities of the EASA Member States, which are already required to upgrade their systems and procedures in accordance with the new authority requirements introduced in Regulations (EU) Nos 1178/2011, 290/2012 and 965/2012; and (e) deny the need to consider the critical elements of a state safety oversight system as defined in ICAO Annex 19, Appendix I. The way forward is thus the proper consideration of the safety management principles in coherence with what has been already done for the other aviation domains. Later in this document, the reader will see that no options have been proposed for Part-145 (for reasons explained further in the text), whereas for Part 21 some options are proposed to achieve that objective. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 12 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment The working method adopted for this IA is a qualitative assessment of the possible impacts, supported by a questionnaire, as explained in the next section. It is recognised that this is not easy to precisely quantify the impacts, notably with regard to the real costs. However, the EASA questionnaire helped to identify the most significant contributors to safety and costs (see Section 4.1.2 and Appendix III). 4.1.2. Evidence gathering — EASA questionnaire EASA sent out a survey in order to gather evidence for this IA from stakeholders. The input supported the analysis of the problem definition and the analysis of the options. The survey was sent on 15 February 2018, and it collected specific SMS data related to the design, production and maintenance domains. The survey was responded to by 293 organisations (285 organisations with a single or multiple approval(s); 8 associations or individuals) and 11 competent authorities. The organisations that hold multiple approvals were invited to provide a consolidated response, representing all the parts of the organisation that hold approvals. The details of the survey can be found in Appendix III to this document. Wherever needed, the outcome of the survey is used throughout this IA by referring to the appropriate figures in Appendix III. The most relevant ones are repeated in Section 4.4.2. 4.1.3. Safety risk assessment Several safety recommendations (SRs) that were addressed to EASA by safety investigation authorities are of interest for this RMT, as they are related to the subject of ICAO Annex 19: — SR UNKG-2015-001, following the accident to British Airways A319 G-EUOE, which occurred on 24 May 2013, recommends that ‘EASA publishes amended AMCs/GM in Part 145.A.47(b) of European Commission Regulation (EC) No 2042/2003, containing requirements for the implementation of an effective fatigue risk management system within approved maintenance organisations’; — SR UNKG-2011-018 following the serious incident to Bombardier DHC-8, SX-BIO, which occurred on 24 April 2010, recommends ‘that the European Aviation Safety Agency expand the advisory or guidance material in Annex II (Part 145) of European Commission Regulation (EC) No 2042/2003 on how approved maintenance organisations should manage and monitor the risk of maintenance engineer fatigue as part of their requirement to take human performance limitations into account.’; — According to SR UNKG 2010-072, pertaining to the serious incident to Boeing 737-73V, G-EZJK, which occurred on 12 January 2009 West of Norwich, Norfolk, ‘It is recommended that the European Aviation Safety Agency review the regulations and guidance in OPS 1, Part M and Part-145 to ensure they adequately address complex, multi-tier, sub-contract maintenance and operational arrangements. The need for assessment of the overall organisational structure, interfaces, procedures, roles, responsibilities and qualifications/competency of key personnel across all subcontract levels within such arrangements should be highlighted.’. These SRs, together with their identified risks, have been properly considered in the proposed changes to the Part-145 rules. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 13 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment 4.1.4. Who is affected? Part-145 maintenance organisations, Part 21 production and design organisations, competent authorities and EASA are affected by the proposal in this NPA. 4.2. What we want to achieve — objectives Please refer to Section 2.2. 4.3. How it could be achieved — background and options Part-145 ICAO Annex 19 states that all approved maintenance organisations that provide services to operators or aeroplanes or helicopters engaged in international commercial air transport, in accordance with Annex 6, Parts I or III, should implement an SMS. In the current EASA system, the term ‘approved maintenance organisations’ refers to either Part-M Subpart F organisations or Part-145 organisations. With Opinions No 05/2016 ‘Task force for the review of Part-M for General Aviation (PHASE II)’ and No 06/2016 ‘Embodiment of safety management system (SMS) requirements into Commission Regulation (EU) No 1321/2014 — SMS in Part-M’, a new structure for Regulation (EU) No 1321/2014 was proposed, in which technical requirements and organisational requirements (e.g. Part-CAMO, Part-CAO, Part-145) would be addressed in separate Annexes (so Part-M Subparts F and G would eventually disappear). The technical requirements for General Aviation would be provided in a separate Annex (Part-ML/Part-M). The organisations with a General Aviation scope (Part-CAO) would not be required to implement an SMS, whereas other organisations would (i.e. Part-CAMO, and Part-145), but Part-147 organisations were excluded. This means that a decision has been already taken to limit the introduction of SMSs into Part-145 organisations. No SMS principles will be requested for future Part-CAO approved maintenance organisations, which will address General Aviation activities. Only a Part-145 approved organisation can maintain aircraft operated by licensed air carriers and complex motor-powered aircraft (CMPA), in line with the spirit of ICAO Annex 19 (SMSs required for organisations that maintain aircraft engaged in commercial air transport). Additionally, ICAO Annex 19 does not make any differentiation in the type of maintenance organisation (e.g. engaged in the maintenance of aeroplanes, helicopters or components, including engines or propellers). The safety management principles have applied without exception to all Part- 145 maintenance organisations since 14 November 2013. The implementation of ICAO Annex 19 is thus expected to be straightforward. For Part-145, it has been decided to proceed without proposing options (i.e. full compliance with Annex 19). This has also been well received by the FCG. Furthermore, the results of the questionnaire shown below demonstrate that the majority of the replies are in favour of the implementation of ICAO Annex 19 for all Part-145 activities (see Figure 16 in Appendix III). However, the proposed changes introduce flexibility provisions regarding an SMS that should be commensurate with the size of the organisation and complexity of the operations, so it will limit the impact on small Part-145 organisations, or organisations with a limited scope of work. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 14 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment For further details, the reader can also review the regulatory impact assessment (RIA) in NPA 2013- 01(A), which resulted in Opinion No 06/2016. Part 21 ICAO Annex 19 defines the applicability of SMSs to all organisations that are responsible for the design and production of: — aircraft in accordance with ICAO Annex 8, applicable from 14 November 2013; and — engines and propellers in accordance with ICAO Annex 8, applicable from 7 November 2019. Unlike the requirements on maintenance organisations, ICAO Annex 19 does not distinguish between approved and non-approved organisations. This is because, in some regions of the world, the concept of ‘approved’ organisations for design and production is not systematically used, even for products. In addition, ICAO Annex 19 does not make SMSs applicable for the design and production of ‘parts & appliances’. Note: Regulation (EU) No 376/2014 already imposes a mandatory and voluntary occurrence reporting system on all aviation organisations, independently of their approval status and of what they design or produce. This can be considered a first element that stems from ICAO Annex 19, encouraging organisations to develop a just culture. Therefore, this element will not be subject to options or to analysis. Starting from the scope defined by ICAO Annex 19, explained in Section 4.1.2, three options have been developed to define the applicability of SMSs to Part 21. Option 0 — mirroring the scope of ICAO Annex 19 The scope of this option strictly follows that of ICAO Annex 19 (all organisations that design and produce aircraft, engines and propellers). Therefore Option 0 is considered to implement ICAO Annex 19 without any adaptation, and to mandate SMSs for all organisations, whether they are approved or not, that design and produce aircraft, engines and propellers. Option 1 — approved organisations that produce or design only aircraft, engines and propellers This option would require the implementation of ICAO Annex 19 by all approved organisations that design and produce only aircraft, engines and propellers (under Subparts J and G). All organisations that design and produce ‘parts and appliances’ are excluded even when Part 21 requires an approval [i.e. in the case of a European Technical Standard Order (ETSO) or an auxiliary power unit (APU)]. Under this option, this would exclude SMS for: — Part 21 Subpart F production organisations15; — design organisations that are entitled to demonstrate their design capabilities with the acceptance of procedures that are alternative to DOA; 15 On the basis that the manufacturer of a product, part, or appliance without a POA has convinced the competent authority that a POA was not needed due to a low volume of production; simple technology; the very small size of the organisation; or production for a limited period of time; or starting production activities before achieving full compliance with Subpart G [see point 21.A.124 (b)]. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 15 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment — design organisations that are required to submit only a certification programme, as per points 21.A.14 (b) or (c)16; and — natural/legal persons that hold an ETSO authorisation (or ETSO authorisations), even if they are required to hold a POA. Since this option would imply that, in some cases, an organisation may be required to be approved even without having an SMS in place (i.e. in the case of an ETSO), two types of DOA and POA would be needed: those who are required to implement an SMS and those who are exempted. This leads to Option 2. Option 2— all approved organisations The implementation of ICAO Annex 19 would be limited to all approved organisations that design and produce aircraft, engines and propellers (under Subparts J and G), and to organisations that design and produce parts and appliances when a DOA or POA is required (i.e. a POA is required for an ETSO or a POA/DOA is required for an APU). Table 1: Part 21 — selected options Option Title Description No 0 Full implementation of Full compliance with and implementation of ICAO ICAO Annex 19 by all Annex 19 (i.e. for approved and non-approved organisations that are organisations that design and produce products) responsible for the design and production of products 1 Implementation of ICAO Implementation of ICAO Annex 19 is limited to approved Annex 19 is limited to organisations that only design and produce products approved organisations that (parts and appliances are excluded) are responsible for the It falls short of the requirements of ICAO Annex 19, as design and production of it excludes organisations for General Aviation (i.e. ELA1 products & 2, engines, etc.), small organisations for which a POA is not needed, and organisations that are seeking a DOA but to which it has not yet been granted. This approach is coherent with the General Aviation approach adopted for continuing airworthiness organisations. (see Opinions No 05/2016 and No 06/2016) 2 Implementation of ICAO The implementation of ICAO Annex 19 is limited to Annex 19 is limited to approved organisations that design and produce approved organisations that products as well as parts and appliances under ETSO are responsible for the authorisation. design and production of Built on Option 1, it falls short of the requirements of products and for ‘parts and ICAO Annex 19, except for organisations that are appliances’ when an responsible for the design of APUs and the production organisational approval is of ETSO articles, for which an SMS is an additional requirement. 16 For ELA 1 or ELA2; or for engine or propeller installed on ELA 1 or 2; or for a piston engine; or a fixed or adjustable pitch propeller; a robust quality system and assurance design system is supposed to be sufficient. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 16 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment required under ETSO authorisation. Note: the term ‘product’ means aircraft, engines, or propellers Compared with Option 0, Option 1 in Europe: — excludes around 250 organisations that design ELA1/ELA2 (the number of Subpart F organisations is negligible); — accounts for around 320 EU DOA holders, 30 DOA holders outside EU, and 500 POA holders. Compared with Option 1, Option 2 would require some additional organisations in Europe to implement SMSs, as follows: — 3 approved design organisations for the design of APUs; — around 300 POA holders for the production of parts and appliances that are covered by ETSOs. Discarded option: ‘No action’ Failing to introduce the safety management principles from ICAO Annex 19 into the design, production and maintenance rules would be neither acceptable nor coherent with what has been achieved in the other aviation domains. The implications of this option have been clarified in Section 4.1. Therefore, this option has been discarded. 4.4. What are the impacts Note: no option has been identified for Part-145. The section below compares the three options for Part 21 that are identified in Section 4.3. 4.4.1. Introduction to the impact analysis A detailed analysis of the costs and benefits of implementing an SMS is quite challenging due to the very nature of ‘safety’. Intangible benefits, such as those from having an improved safety culture, effective regulatory compliance, a management commitment to safety, shareholder value, and public confidence, are difficult to quantify. Also, an effective management system that includes safety risk management results from the interactions of many different organisational elements, actions, and TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 17 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment processes that are ideally embedded within the organisation’s existing system. Therefore, the effects of individual elements of the management system framework are not always easy to isolate for the purpose of the analysis of costs and benefits. It is also acknowledged that an SMS creates immediate and direct costs, while its benefits are likely to take time to materialise. This view negates the potential of an SMS, not only to address the risks of major occurrences, but also to identify and tackle production inefficiencies, improve communication, foster a better company culture, and more effectively control contractors and suppliers. Building up risk management capabilities that are not only limited to aviation safety risks will contribute to the adoption of better management strategies. In addition, through an improved relationship with the competent authorities, the implementation of a management system that includes safety risk management could result in a reduced oversight burden. Thus, by considering an SMS as something that is implemented not solely to prevent incidents and accidents, but also to ensure the success of as many elements of an organisation’s business as possible, any investment in safety should be seen as an investment in productivity and organisational success. 4.4.2. Relevant elements from the EASA questionnaire The results of the EASA questionnaire (see Appendix III) with regard to the main safety benefits obtained from the implementation of an SMS are shown below. By far the two clearest benefits are: — a better safety culture; and — a better hazard identification, which leads to better control of risks. Figure A - The most significant benefits in SMS implementation (by those who implemented SMS) Better safety culture 106 Better hazard identification leading to better risk control 100 Improved communication on safety issues within the company 53 Improved internal reporting (number and types of reports) 50 Better management of changes 31 Faster resolution of safety issues 29 Improved senior management commitment 18 Improved compliance (e.g. lower number of findings in internal or… 14 Improved efficiency of internal processes in general terms 10 Improved communication on safety issues with other parties 9 More efficient allocation of resources 8 Improved relationship with the competent authority 7 Other (please specify)3 6 0 20 40 60 80 100 120 The EASA questionnaire highlighted the following elements regarding the main cost drivers in the implementation of an SMS: — additional staff training; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 18 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment — organisational changes, such as the creation of new working groups (e.g. a safety review board); — documentation (e.g. new procedures/manuals); and — software and other tools (e.g. a reporting system). Figure B - The main cost drivers in SMS implementation (by all organisations) Additional staff Training (e.g. safety training development) 190 Organisational changes, such as creation of additional working groups (e.g. Safety Review Board, Safety Action Group) 143 Documentation (e.g. new procedures/manuals and updates to existing ones) 113 Software & other tools (e.g. reporting system, risk analysis tools, risk registers) 103 Oversight (authority fees, time spent in audits & assessments) 73 Safety investigations 63 Safety promotion & communication 62 Internal audits 42 Consultancy 23 Other 15 0 20 40 60 80 100 120 140 160 180 200 The cost drivers highlighted involved both organisations and authority. 4.4.3. Safety impact Part 21 | Option 0 — ICAO Annex 19 (all product organisations) Fully implementing Annex 19 would bring significant positive safety impacts, since all organisations, irrespective of the type of aircraft they produce, would be required to have an SMS in place, whether or not the organisation holds an approval. Figure A in Section 4.4.2 clearly highlights the safety benefits. However, with this option, organisations that design and produce parts and appliances would not be required to implement an SMS. Some parts, such as APUs, are considered to have a major impact on safety. Part 21 | Option 1 — all approved organisations (products) Regulation (EU) No 376/2014 is applicable to all organisations (including the non-approved ones) that are located in Europe, and it mandates some basic elements of an SMS, such as mandatory and voluntary reporting and the development of a safety culture. It should be noticed that these elements are the most important safety benefits that were identified by organisations in their responses to the questionnaire as shown in Figure A in Section 4.4.2. This is why limiting the implementation of SMSs TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 19 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment to approved organisations that produce products would not significantly decrease the resulting safety benefits. Therefore, even if this option provides less safety benefit than Option 0, the difference can be considered to be negligible. Overall, a positive safety impact is expected. Part 21 | Option 2 — all approved organisations (products and parts and appliances) In addition to the organisations defined in Option 1, this option mandates the implementation of an SMS by those organisations that design and produce parts and appliances under ETSO authorisation, but only when an approval is already required by Part 21. Therefore, organisations that design critical elements such as APUs, and which produce parts and appliances that are covered by ETSO authorisations (i.e. when the organisations are not allowed to produce under Part 21 Subpart F), will be required to implement an SMS. The risks related to the design and production of these ETSO articles would be captured and assessed by those organisations. The aircraft manufacturer would rely on the ETSO authorisation, and would only be responsible for the proper installation of the article. This would be the additional positive safety effect of adopting Option 2. Concerning the design of an APU (which is a major component of an aircraft), having an SMS in place is considered necessary and appropriate, not only in terms of the ‘complexity’ or ‘criticality’ of APUs, but also when considering the privileges associated with the design approval for the modifications and repair designs of those articles. Several accidents, such as uncontained explosions, or the one on 20 January 2015 at Nürnberg airport17 (i.e. that involve the intake and combustion of de-icing fluid), remind us of how the operation of APUs can pose risks and may endanger human beings if there is a failure, should it be at product safety level or organisational level. Safety awareness and safety culture will be also enhanced by more safety training, communication and safety promotion for the organisations that design and produce parts and appliances. Finally, most of the organisations that produce parts and appliances under ETSO authorisations or design/produce APUs, also hold Part-145 approvals for which an SMS will be also required. An integrated (safety) management system will benefit from a safety perspective. Compared with Option 1, a higher positive safety impact is thus expected, as more organisations would be covered. 4.4.4. Environmental impact No environmental impact is identified, therefore this aspect is not analysed. 4.4.5. Social impact The following elements are considered in the social impacts for this proposal: better communication, higher management commitment, fatigue, working conditions, lack of resources, and the level of subcontracting activities. Two of the essential elements of an SMS as defined by ICAO Annex 19 are the development of a safety culture and the provision of better safety training for all staff. The social impact is commensurate with the number of organisations for which an SMS is mandatory. 17 https://aviation-safety.net/database/record.php?id=20150120-2 TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 20 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment Part 21 | Option 0 — ICAO Annex 19 (all product organisations) Since this option is applicable to all organisations that design and produce aircraft engines and propellers, the largest number of companies will be affected by this option, so it has a positive social impact. Part 21 | Option 1 — approved organisations (products) This option excludes non-approved organisations that design and produce aircraft engines and propellers; therefore, its social impact is slightly lower than that of Option 0, but it is still positive. Overall, the difference in comparison with Option 0 can be considered to be negligible. Part 21 | Option 2 — all approved organisations (products as well as parts and appliances) This option includes those organisations that design and produce parts and appliances under ETSO authorisation, but only when an approval is already required by Part 21. Therefore, the level of social impact is lower than with Option 0, but higher than with Option 1. Overall, the difference in comparison with Option 0 can be considered to be negligible. 4.4.6. Economic impact For the organisations who have not yet implemented safety management principles, there would be an economic impact. The organisations and authorities who have already engaged in this proactive strategy to systematically address safety risks have usefully pinpointed several areas in response to the EASA survey, as shown in Figure B in Section 4.4.2. These elements need to be kept in mind for this analysis. The following general features can be highlighted: Positive impact Some elements of an SMS, such as a positive safety culture or an internal reporting system, have the potential to contribute significantly to the overall safety at little or no cost. For certain elements of an SMS, the implementation will be gradual, which should spread the overall costs over time. The same applies to the authorities, which should progressively deploy SMS management systems over time. The effective implementation of SMSs will also improve productivity and efficiency, through the adoption of better management strategies and the build-up of risk management capabilities that are not limited to only aviation safety risks. Moreover, the causes of incidents and the contributing factors to them often also cause or contribute to production losses or inefficiencies. The management system framework of an SMS provides an organisational structure that supports managers in taking informed decisions. Without such a framework to manage operational risks, trade-offs between commercial pressures and safety objectives may not be managed effectively, and decisions may not be justified objectively. The effective implementation of a management system could, therefore, contribute to a decrease in insurance costs, to an improved reputation, and to commercial success. For large, well established production and design organisations, it can be expected that a certain percentage have already implemented SMSs according to the ICAO framework, on a voluntary basis, sometimes under contractual obligations imposed on them by their customers. The level of involvement (LOI) of an authority might be reduced due to an improvement in the performance of an organisation, as the level of safety might be higher. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 21 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment Negative impact The main elements of an SMS that may initially be missing from an organisation, and for which a negative economic impact is expected when they are incorporated, stem from: (a) developing a safety policy and its related objectives; (b) appointing key safety personnel to execute the safety policy; (c) establishing, implementing and maintaining a safety risk management process; (d) establishing, implementing and maintaining a safety assurance process; and (e) promoting safety in the organisation. To mitigate this negative impact, the reader is invited to review the proportionality provisions laid down in the next paragraph, as they contribute to a significant reduction of the costs, notably for small organisations or when the risks associated with the business are limited. Part 21 |Option 0 — ICAO Annex 19 (all product organisations) — Negative impact Organisations for which Part 21 currently mandates an approval (DOA holders and POA holders) will have to adapt their structures, and update their policies, plans, procedures and expositions or handbooks. For them, the economic impact may be considered to be limited because they can build on their existing structures. Nevertheless, training costs and some organisational changes remain as major contributors, as identified in the replies to the EASA questionnaire. Since all organisations that design and produce aircraft, engines and propellers will be mandated to apply SMSs, each organisation that is currently not required to have an approval will be required to define an organisational structure and to document their procedures in order to be compliant with ICAO Annex 19. For all other organisations that are not required to hold a Part 21 approval (i.e. those that design ELA 1 or ELA and produce according to Subpart F), and which are ‘small’ by definition, the implementation of SMSs will have a greater economic impact. They might be required to hire new personnel, to create some new management positions, or to extend the scope of their existing management positions, and to develop policies, plans, procedures and expositions or handbooks. — Positive impact In terms of economic benefits, the implementation of Annex 19 would ensure that there is a level playing field with consistent airworthiness requirements for aircraft that participate in international air transport, and for products for which foreign states accept certificates issued by EASA. In addition, further efficiency/effectiveness would be fostered thanks to: — more efficient allocation of resources; — more efficient internal processes; — greater senior management commitment; and — faster resolution of safety issues. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 22 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment For competent authorities, the impact is significant, since the implementation of SMSs by a large number of organisations would be required to be assessed, and some of the competent authorities might not initially have the necessary resources to do this. Overall, considering that there are both significant positive and negative economic impacts, as highlighted above, an overall neutral effect is expected. Part 21 | Option 1 — approved organisations (products) This option excludes non-approved organisations, so the general costs may therefore be much lower than with Option 0; however, fewer safety benefits are expected, as fewer organisations would be affected. For competent authorities, there will be less impact than with Option 0. Considering both the negative and positive impacts, which should be of smaller absolute values than with Option 0, an overall neutral impact is expected over time. Part 21 |Option 2 — all approved organisations (products as well as parts and appliances) As mentioned earlier, the changes to these additional approved organisations will be limited because the organisations will build on their existing procedures and structures. The flexibility provisions would also apply to make the design/production management system proportionate to the size of the organisation and complexity of the services. The additional costs incurred are considered rather limited, keeping in mind the expected safety benefits. It is also expected that most of the organisations that produce ‘parts and appliances’ under ETSO authorisation, and those that design and produce APUs, will also already hold a Part-145 approval for which an SMS will be required; so this will limit the overall economic impact for them. Overall, neutral impacts are expected, although both the positive and negative impacts may be of greater magnitude than with Option 1. 4.4.7. Proportionality impact In all these Part 21 options, the following elements have been introduced in order to reduce the implementation costs, which are more significant for smaller organisations: (a) The acceptance that the design/production management system shall correspond to the size of the organisation, as well as to the nature and complexity of its activities, taking into account the hazards and associated risks that are inherent to these activities (see the proposed changes to 21.A.139(b) and 21.A.239(b)); (b) Flexibility provisions contained in the AMC & GM, which allow different scenarios that are proportionate to the size and complexity of the operations (e.g. a full-time equivalent safety manager is not required as long as the function of a ‘safety manager’ is properly discharged by another person, or by a group. The same applies for a formal safety review board. Both cases must be subject to a risk assessment and must be agreed by the competent authority); TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 23 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment (c) The planned recognition of SMS Industry Standard SM-0001 as an AMC, which will allow a level playing field with the Federal Aviation Administration (FAA) SMS approach because the recognition of that SMS Industry Standard by the FAA is also planned. The implementation costs could be further reduced by encouraging the implementation of common tools and data- sharing agreements for safety management at the level of industry associations; and (d) The changes for Part 21 Section A (requirements on organisations) are limited to the introduction of the ICAO SMS framework based on an analysis of the gap between the ICAO SMS framework and the existing Part 21 requirements (see further details in Section 2.3.2). By reducing the complexity of the changes, an organisation can decide to build its SMS on its existing exposition manual, or to produce a separate SMS manual, which limits the impact on their documentation. Part 21 |Option 0 — ICAO Annex 19 (all product organisations) Significant negative disproportionate impacts are expected, since small organisations would face implementation costs that would include, but would not be limited to, additional staff, organisational changes, and new manuals. These changes might have significant negative repercussions for their businesses. Part 21 | Option 1 — approved organisations (products) Unlike Option 0, SMSs would not be applicable to small organisations that produce or design small aircraft (notably for General Aviation, as ELA1, and ELA2 aircraft, and their engines would be excluded). This is very similar to the approach taken in Opinions Nos 05/2016 and 06/2016 in order to sustain the GA Roadmap. Therefore, significant positive proportionality impacts are expected. Part 21 | Option 2 — all approved organisations (products as well as parts and appliances) This option would maintain the same consistency that is identified in Option 1. Since SMSs would be applicable to organisations that design APUs and that produce parts and appliances covered by ETSO authorisations, some additional small organisations would be impacted. For them, the proportionality provisions mentioned above would significantly reduce the burden. In the same vein, as most of them would also hold a Part-145 approval, the same proportionality provisions are proposed in Part-145 for the sake of coherence. As for Option 1, significant positive proportionality impacts are expected. 4.5. Conclusion The table below provides a summary of the qualitative assessments made for the various criteria, which should be read from left to right, comparing Option 0 with Options 1 and 2. The table includes ‘0’ values for Option 0 in order to allow an easy comparison with the other options. However, Option 0 might have both positive and negative impacts, as described in the text. Therefore, the reader should TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 24 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment check the values of Option 1 and 2 in terms of the differences when they are compared with Option 0. Table 2: Conclusions for the options Criteria Option 0 (basis) Option 1 Option 2 Full implementation Implementation of Implementation of of ICAO Annex 19 ICAO Annex 19 is ICAO Annex 19 is affects all limited to approved limited to approved organisations that organisations that are organisations that are are responsible for responsible for the responsible for the the design and design and production design and production production of of products. of products and also for products. parts and appliances when an organisational approval is required under ETSO authorisation. Safety 0 - -/+ Better safety culture. The impact remains The impact remains Introduction of a positive, but it is less positive, but is less systematic hazard than with Option 0 than with Option 0 but identification because SMSs are not higher than with process, risk controls applicable for non- Option 1, as SMSs are and measurement of approved also applicable to parts safety performance. organisations. and appliances under ETSO authorisations, as well as for APUs. Economic 0 -/+ -/+ The implementation Lower costs but also Lower costs but also of an SMS will add fewer safety benefits fewer benefits than costs. The cost- than with Option 0. with Option 0. Non- safety-analysis shows Non-approved approved organisations that the burden is on organisations are not are not impacted. smaller impacted. However, for ETSO organisations. articles, there are higher costs than with Option 1, but these are mitigated by the fact that these organisations hold a maintenance approval for which an SMS is required. Social 0+ 0+ 0+ Proportionality 0 + + TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 25 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment Significant Small production (i.e. Some small production implementation non-approved) organisations are costs for small organisations are not impacted in a organisations impacted. proportionate manner. Total 0 -/+ + Option 0 would promote the highest level of safety and the most positive social impact. The economic impact is confirmed for small organisations for which a formal approval is not needed. Option 1, which falls short of the scope of ICAO Annex 19, has a less negative economic impact. — It is considered to be an approach that is proportionate for the General Aviation segment (i.e. consistent with the applicability chosen for continuing airworthiness organisations — continuing airworthiness management organisations (CAMOs) and approved maintenance organisations (AMOs)). — It limits the impact for smaller organisations if an approval is not needed. In addition, this impact is reduced by the fact that approved organisations can build on their existing structures, processes, procedures and exposition manuals or handbooks. — The costs will be further reduced by including proportionality in the requirements, based on the size of the organisation and on the risks of the activities. Option 2, which builds on Option 1, would also require approved organisations that design APUs to implement SMSs, (for which Part 21 currently mandates a DOA), as well as organisations that produce parts and appliances covered by an ETSO authorisation when a POA is required. — It goes slightly beyond the scope of Annex 19. — The implementation of SMSs for these additional organisations would certainly induce costs, but would also increase the level of safety and the social impact. — To reduce the costs, the proportionality provisions should be used when the production activities for these parts and appliances bear fewer risks. — In addition, for most of these organisations, synergies will be achieved through the use of an integrated SMS for their Part 21 and Part-145 activities. In comparison with Option 2, Option 1 has the drawback that it defines two levels of DOAs and POAs: those that are required to implement the elements of an SMS that were missing (for products) and those that are not required to do so (for parts and appliances). Option 2 would avoid that differentiation in Part 21 (i.e. by avoiding the confusion introduced by compliance with two sets of procedures within the EU regulatory framework or within an organisation). It would also ensure that there is a level playing field and consistent airworthiness requirements for aircraft that participate in international air transport, including the assurance that EU certificates will still be accepted by third countries (therefore there would be a positive economic impact, as shown in the table). Finally, the EASA questionnaire shows that among the organisations that have an ETSO authorisation, two out of three respondents considered that SMSs should also be applicable to parts and appliances. The rationale certainly stems from the fact that most of these organisations also hold Part-145 approvals, for which an SMS will be required, irrespective of the scope of the approval. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 26 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment For all these reasons, Option 2 is the preferred option, as the applicability of SMSs would be extended to all design and production organisations for which Part 21 currently requires an approval (i.e. DOA holders or POA holders) that design or produce aircraft, engines or propellers, as well as parts and appliances under ETSO authorisation. This is fully in line with the outcome of the last ICAO Air Navigation Conference held in October 2018, urging organisations and authorities to develop robust risk management capabilities. The same conclusion can be drawn from the recent issuance of the Basic Regulation. Note: the FAA also recommends SMSs for organisations in charge of TSO articles. Question to stakeholders Stakeholders are invited to comment on the IA and to provide any qualitative or quantitative information that they may find necessary to bring to the attention of EASA. As a result, EASA might adjust the selection of the best option, as well as the relevant parts of the impact assessment on a case-by-case basis. 4.6. Monitoring and evaluation Monitoring is a continuous and systematic process of data collection and analysis about the implementation/application of a rule/activity. It generates factual information for future possible evaluations and impact assessments; it also helps to identify actual implementation problems. With respect to this proposal, EASA would suggest to monitor various elements looking at short and medium term. Indeed, there are elements that should be monitored as soon as the rules are implemented and others for which some years would need to pass before the outcome could be measured. A proposal on indicators to check is presented below: What to monitor How to monitor Who should monitor How often to monitor Number of occurrences ECCAIRS — the split in EASA/competent On a recurrent basis reported by organisations severity/risk should authority - with the e.g. once a year affected by this initiative, allow to distinguish the support of the Network split by severity/risk improvement of of Analyst (NoA) reporting versus the improvement of safety performance Number of occurrences ECCAIRS — the split in EASA/competent On a recurrent basis reported by organisations severity/risk should authority - with the e.g. once a year affected by this initiative allow distinguish the support of the Network on topics directly related to improvement of of Analyst (NoA) SMS or safety reporting vs the performance split by improvement of safety severity/risk performance TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 27 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 4. Impact assessment Number of DOA/POA Surveys, interviews, competent On a recurrent basis holders applying SMS as audits authorities/EASA e.g. once a year defined in Part 21 Number and level of findings related to SMS requirements per audit on Part 21 organisations at state level; effectiveness of SMS implementation (SMS maturity indicator) Number of AMOs applying Surveys, interviews, competent On a recurrent basis SMS as defined in Part-145 audits authorities/EASA e.g. once a year Number and level of findings related to SMS requirements per audit on Part-145 organisations at state level; effectiveness of SMS implementation (SMS maturity indicator) This monitoring will have to be fine-tuned in accordance with the outcome of MST.026 from EPAS 2019-2023, for which the Safety Management Member States Technical bodies (SM.TeB) currently try to establish markers to assess the effective implementation of SMS throughout the European Union. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 28 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 5. Proposed actions to support implementation 5. Proposed actions to support implementation A number of actions took place during the preparation of this NPA, which helped to foster the understanding and implementation of the proposed new rules. It is also understood that more actions will come, notably for Design, Production and Maintenance insofar as the SMS-associated Opinions will reach the final stage (i.e. adoption and entry into force): — Workshops A series of thematic SMS workshops were organised, as follows: — ACAM implementation for the competent authorities on 27 September 2018, as part of Part-M, point M.B.303, where a risk-based approach was discussed with the Member States; — A ‘Product certification & DOA workshop’ on 29-31 October 2018, where this NPA was presented; a video is available here; — An SM ICG Industry day on 13 November 2018 where the topic was ‘SMSs made simple’; and — An SMS workshop on 12-13 February 2019, to which competent authority Air Ops inspectors were invited - SMS implementation was extensively discussed and there are lessons learned to use in the Design, Production and Maintenance domains. The presentations and takeaways are available here. EASA is also regularly in contact with the Certification Committee (C.COM); the Design and Manufacturing Technical Committee (DM.TeC); Production and Continuing Airworthiness Committee (P & CA) TeB; or Engineering and Maintenance Committee (EM.TeC). Speakers who would like to propose SMS presentations in the fields of Production, Design and Maintenance can contact EASA at [email protected]. This may serve the preparation of an EASA SMS workshop in the fields of Production, Design and Maintenance, once the final text is known, after this consultation. — SMS industry standards SMS Industry Standard SM-000118 ‘Implementing a SMS for Design, Manufacturing and Maintenance Providers’ as earlier described in Section 2.3.3 is intended to improve safety and to enhance safety culture. — Safety promotion and SMS There is a significant volume of material that promotes SMSs on the EASA website here. An EASA ‘safety promotion’ policy is currently being developed to better support that activity in the future. EASA also intends to develop, as appropriate, safety promotion material to better explain SMSs in the fields of design, production and maintenance; several targeted actions are already envisaged. As part of the introduction of the ‘safety risk management’ in this NPA, ‘fatigue’ is a risk to be carefully mitigated, notably for Part-145 maintenance organisations (see Section 4.1.3). Guidelines on how to 18 https://www.asd-europe.org/sites/default/files/atoms/files/SMS%20Standard_final%20issue%20A_20180917.pdf TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 29 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 5. Proposed actions to support implementation introduce an effective fatigue risk management system (FRMS) within approved maintenance organisations will be developed. Two safety promotion bulletins are being developed about: — the risks associated with deviation from the use of maintenance data; and — the risks associated with recurrent defects in aircraft or components. — When it is ready, this material will be posted and promoted on the EASA website. — Baines Simmons published a paper on ‘Hazard Identification and Risk Management challenges throughout the Supply Chain’. — Anyone can also propose SMS examples, tools and supporting educational material on the ICAO safety management implementation website (ICAO SMI), which is a repository of SMS documents to support the implementation of SMS and to complement the 4th edition of the ICAO Safety Management Manual (ICAO Doc 9859). — Finally, SMS experts, who would like to propose safety promotion material or presentations, or SMS implementation cases in the fields of production, design and maintenance, can contact EASA at [email protected]. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 30 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 6. References 6. References 6.1. Affected regulations — Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1) — Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1) 6.2. Affected decisions — ED Decision 2012/020/R of the Executive Director of the Agency of 30th October 2012 on Acceptable Means of Compliance and Guidance Material for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (‘AMC and GM to Part 21’) repealing Decision No 2003/01/RM of the Executive Director of the Agency of 17 October 2003 — ED Decision 2015/029/R of 17 December 2015 issuing acceptable means of compliance and guidance material to Part-M, Part-145, Part-66, and Part-147 of Regulation (EU) No 1321/2014 and repealing Decision 2003/19/RM of the Executive Director of the Agency of 28 November 2003 ‘AMC and GM to the Annexes to Regulation (EU) No 1321/2014 — Issue 2’ — ED Decision 2016/011/R of 11 July 2016 amending the Acceptable Means of Compliance and Guidance Material to Annex I (Part-M), Annex II (Part-145) and Annex III (Part-66) to Commission Regulation (EU) No 1321/2014 in order to support the implementation of Commission Regulation (EU) 2015/1536, and issuing the Acceptable Means of Compliance and Guidance Material to Annex Va (Part-T) ‘Amendments to the AMC & GM to Annex I to Commission Regulation (EU) No 1321/2014 “Issue 2 — Amendment 1”, amendments to the AMC & GM to Annex II to Commission Regulation (EU) No 1321/2014 “Issue 2 — Amendment 1”, amendments to the AMC & GM to Annex III to Commission Regulation (EU) No 1321/2014 “Issue 2 — Amendment 1”, and issue of the AMC & GM to Annex Va to Commission Regulation (EU) No 1321/2014 “Issue 1”’ 6.3. Other reference documents — Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 — ICAO Annex 19 ‘Safety Management’, Edition 2, July 2016. — ICAO Documentation 9859 ‘Safety Management Manual’ (SMM), Edition 4; June 2018. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 31 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 6. References — Opinions Nos 05/2016 ‘Task force for the review of Part-M for General Aviation (PHASE II)’ and 06/2016 ‘Embodiment of safety management system (SMS) requirements into Commission Regulation (EU) No 1321/2014 - SMS in Part-M’ — Common, general authority and organisation requirements already published in the areas of air operations (see Regulation (EU) No 965/2012), aircrew (see Regulation (EU) No 1178/2011), aerodromes (see Regulation (EU) No 139/2014), air traffic controller training (see Regulation (EU) 2015/340), and ATM/ANS (see. Regulation (EU) 2017/373). — Opinion No 07/2016 ‘Embodiment of level of involvement (LOI) requirements into Part 21’ TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 32 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices 7. Appendices 7.1. Appendix I — Detailed summary of changes to Part 21 NPA 2019-05 (B) includes the draft implementing rules (IRs) as well the draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) for Part 21. The following text is just a summary of the SMS-related changes to Part-21. As mentioned in Section 2.1, Part 21 already includes organisational requirements for design and production organisations ensuring the safety of their products. Some of these requirements may be easily traced to the ICAO Annex 19 SARPs, such as: — the identification of an accountable manager or, in the case of a DOA holder, of a head of the design organisation, ultimate responsible for the activities of the organisation; — a system to ensure safety (i.e. the design assurance system for the DOA and the quality system for the POA are elements to ensure the safety of the product, part or appliance); — independent monitoring of compliance with, and the adequacy of, the documented procedures; — a system to record the activities; — an exposition or handbook to document the procedures; and — the management of changes. A gap analysis was therefore performed first. Where gaps were identified, EASA developed draft text that inserted the missing elements and focused on the final goal of improving safety, without imposing requirements on how organisations should structure themselves in order to reach the final goal. Moreover, it was decided to keep the structure of Section A unchanged, and to reduce the changes as much as possible, keeping the current text if it achieves the goals of ICAO Annex 19. The majority of changes were made to points 21.A.139 and 21.A.239, which were renamed respectively ‘production management organisation’ and ‘design management organisation’. The management system will include two elements: (a) a safety management system; and (b) a quality system for production organisations, or a design assurance system for design organisations. The requirements related to the second element were not changed. In this way, organisations may keep their current structure and procedures. To build a safety management system, organisations will be required to do the following (ICAO Annex 19 SARPs missing in the current Part 21): — develop a safety policy and the related objectives; — appoint key safety personnel to execute the safety policy; — establish, implement and maintain a safety risk management process; — establish, implement and maintain a safety assurance process; and — promote safety in the organisation. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 33 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices If an organisation holds more than one organisational certificate that was issued on the basis of EU legislation, it is possible to integrate the different management systems into one single system. A set of AMC & GM is proposed in this NPA that is consistent with the AMC & GM provided in other domains to demonstrate compliance with the SMS requirements. In this way, an organisation that already holds an organisational certificate (e.g. CAMO, Part-145, etc.) may reuse most of the evidence that it has already produced to demonstrate compliance with that regulation. In this NPA, EASA proposes alternative AMC with which an organisation may also demonstrate compliance with ‘SMS Industry Standard SM-0001’19 which was developed by AIA-USA, AIA-B, AIA-C, ASD and GAMA (see the tables included in AMC1 21.A.139(c) and AMC1 21.A.239(c)). An organisation that intends to demonstrate compliance through the use of the SMS Industry Standard should thus additionally demonstrate compliance through the elements listed in those AMC in order to demonstrate compliance with the EU SMS requirements in Part 21. The AMC contain proportionality elements that allow an organisation to adapt its management system according to its size and to the nature and complexity of its activities. Whenever a point in Part 21 was amended to address an SMS requirement, the opportunity was taken to: — enhance, when possible, the consistency between the requirements in the various subparts (e.g. point 21.A.245 has been amended to harmonise its content with the requirements defined for POA holders in point 21.A.145); — keep in Section A only organisational requirements, thus separating them from the authority requirements that have been transferred into Section B:  the classification of findings in points 21.A.125B, 21.A.158 and 21.A.has been moved to Section B; and  some EASA forms pertaining to applicants, such as EASA Form 50, have been moved to Section A; — move to Subpart A all the general requirements that are valid for all applicants:  in point 21.A.3A, requirements related to occurrence reports for production organisations were moved from points 21.A.129 and 21.A.165;  two new points 21.A.5 for ‘record-keeping’ and 21.A.9 for ‘investigations’ have been added, which replace all the similar requirements that were in different subparts; — expand point 21.1 to generally define the competent authority; and — incorporate some improvements, as proposed by the ASD task force 3 (TF3), to add clarity to the text of some points. Moreover, a new process was included in Subparts F and G (production) for an applicant or for a competent authority to use an AltMoC. This new process is similar to what is already included in other aviation domains. The new point added defines the procedure to be applied by organisations to propose such AltMoC, and by competent authorities to inform EASA and other Member States about 19 https://www.asd-europe.org/sites/default/files/atoms/files/SMS%20Standard_final%20issue%20A_20180917.pdf TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 34 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices it. It was considered that for design organisations, such a process is not required, since there is only one competent authority (EASA), and the process for an organisation to propose AltMoC is already available as part of EASA procedures. It has been used for a long time with positive results. Changes in Section B were, in contrast, more extensive. In this case, it was considered beneficial to align the authority requirements with those defined in other aviation domains, and to also include the requirements that are applicable when EASA is the competent authority (which today are contained in EASA procedures). Therefore, several new points have been added to Subpart A of Section B (‘General’, applicable to all competent authorities) to include requirements for the authority’s management system, the management of changes, record-keeping, and the use of qualified entities. Subparts F and G have been amended to harmonise the requirements for the oversight of organisations, while in Subpart J, requirements similar to Subpart G, applicable to EASA when issuing a DOA, and to oversight of organisations, have been included. Point 21.B.40(b), resolution of disputes, has been deleted since EASA does not have any mandate for mediation of internal disputes in national organisations. Finally, all the existing AMC and GM that were affected by changes introduced through this RMT were reviewed and aligned as much as possible with those that are anticipated to cover Part-CAMO and Part-145. In several cases, it was noticed that GM did not provide explanations or examples, but rather means of compliance. It was then decided to redefine them as AMC, or to split them into two parts, keeping explanations as GM and means of compliance as AMC. List of changes to Part 21 IR Only new, deleted or modified points are listed. Unmodified points are not reported. 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Appendices Part 21 reference Action Change of the title in harmonisation with the content of the rule; all requirements currently 21.1 General Competent authority spread in Part 21 and defining the competent authority, have been moved to this point SECTION A — TECHNICAL REQUIREMENTS SUBPART A — GENERAL PROVISIONS 21.A.1 Scope Improvement of the text 21.A.3A Failures, malfunctions and defects Requirements for production organisations have Occurrence reporting been moved from points 21.A.129 and 21.A.165 21.A.5 Record-keeping Replacement of all the record-keeping requirements spread in Section A 21.A.9 Investigations Replacement of all the investigation requirements spread in Section A SUBPART B — TYPE CERTIFICATES AND RESTRICTED TYPE CERTIFICATES 21.A.44 Obligations of the holder References have been updated 21.A.55 Record-keeping The requirement has been moved to 21.A.5 SUBPART D — CHANGES TO TYPE CERTIFICATES AND RESTRICTED TYPE CERTIFICATES 21.A.105 Record-keeping The requirement has been moved to 21.A.5 21.A.109 Obligations and EPA marking References have been updated SUBPART E — SUPPLEMENTAL TYPE CERTIFICATES 21.A.118A Obligations and EPA marking References have been updated SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL 21.A.124A Alternative means of compliance New point to introduce AltMoC 21.A.125B Findings Update to move classification and requirements for competent authority to Section B 21.A.125C Duration and continued validity Text improvement and harmonisation with similar requirements in other Subparts 21.A.126 Production inspection system The record-keeping requirements have been moved to 21.A.5 21.A.129 Obligations of the manufacturer The reporting requirements have been moved to 21.A.3A SUBPART G — PRODUCTION ORGANISATION APPROVAL 21.A.134A Alternative means of compliance New point to introduce AltMoC 21.A.139 Quality Production management Introduction of the 12 elements of the safety system management system as defined by ICAO Annex 19 21.A.143 Exposition Improvement of text 21.A.145 Approval requirements Resources Improvement of text 21.A.147 Changes to the approved production Improvement of text management system organisation 21.A.157 Investigations The requirement has been moved to 21.A.9 21.A.158 Findings Update to move classification and requirements for competent authority to Section B 21.A.159 Duration and continued validity References have been updated TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices 21.A.165 Obligations of the holder Reporting requirements have been moved to 21.A.3A SUBPART H — CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS 21.A.180 Inspections The requirement has been moved to 21.A.9 21.A.181 Duration and continued validity References have been updated SUBPART I — NOISE CERTIFICATES 21.A.210 Inspections The requirement has been moved to 21.A.9 21.A.211 Duration and continued validity References have been updated SUBPART J — DESIGN ORGANISATION APPROVAL 21.A.239 Design assurance management system Introduction of the 12 elements of the safety management system as defined by ICAO Annex 19 21.A.243 Data Handbook Improvement of text 21.A.245 Approval requirements Resources The requirement has been made consistent with requirement 21.A.145 21.A.247 Changes in to the design management Improvement of text assurance system 21.A.257 Investigations The requirement has been moved to 21.A.9 21.A.258 Findings Update to move classification and requirements for competent authority to Section B 21.A.259 Duration and continued validity References have been updated 21.A.263 Privileges Minor changes proposed by this NPA, based on the text proposed with Opinion No 07/2016 (LOI), replacing ‘design assurance system’ with ‘design management system’ 21.A.265 Obligations of the holder Minor changes proposed by this NPA, based on the text proposed with Opinion No 07/2016 (LOI) SUBPART M — REPAIRS 21.A.447 Record-keeping The requirement has been moved to 21.A.5 21.A.451 Obligations and EPA marking References have been updated SUBPART O — EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS 21.A.604 ETSO Authorisation for an Auxiliary References have been updated Power Unit (APU) 21.A.609 Obligations of holders of ETSO References have been updated authorisations 21.A.613 Record-keeping The requirement has been moved to 21.A.5 21.A.615 Inspection by the Agency The requirement has been moved to 21.A.9 21.A.619 Duration and continued validity Improvement of text SUBPART P — PERMIT TO FLY 21.A.705 Competent authority The requirement has been moved to 21.1 21.A.721 Inspections The requirement has been moved to 21.A.9 21.A.723 Duration and continued validity Improvement of text 21.A.729 Record-keeping The requirement has been moved to 21.A.5 TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices SECTION B — PROCEDURES FOR COMPETENT AUTHORITIES SUBPART A — GENERAL PROVISIONS 21.B.5 Scope The text has been improved to better specify scope of Section B and aligned with Part-CAMO Section B 21.B.10 Oversight documentation New point aligned with Part-CAMO Section B 21.B.15 Information to EASA New point aligned with Part-CAMO Section B 21.B.20 Obligations of the competent authority Deleted to align with Part-CAMO Section B 21.B.20 Immediate reaction to a safety problem New point aligned with Part-CAMO Section B 21.B.25 Requirements for the organisation of the Deleted to align with Part-CAMO Section B competent authority 21.B.25 Management system New point aligned with Part-CAMO Section B 21.B.30 Allocation of tasks to qualified entities New point aligned with Part-CAMO Section B 21.B.30 Documented procedures Deleted to align with Part-CAMO Section B 21.B.35 Changes in organisation and procedures Deleted to align with Part-CAMO Section B 21.B.35 Changes in the management system New point aligned with Part-CAMO Section B 21.B.40 Resolution of disputes Paragraph b was deleted 21.B.45 Reporting/coordination Deleted to align with Part-CAMO Section B 21.B.55 Record-keeping The text has been aligned with Part-CAMO Section B 21.B.65 Suspension, limitation and revocation New point aligned with Part-CAMO Section B SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL 21.B.115 Alternative means of compliance New point aligned with Part-CAMO Section B 21.B.120 Investigation Deleted to align with Part-CAMO Section B 21.B.120 Initial certification procedure New point aligned with Part-CAMO Section B 21.B.125 Findings and corrective actions Updated to include classification and requirements for competent authority, previously in Section A 21.B.130 Issue of letter of agreement The content has been moved to 21.B.120, to be consistent with Part-CAMO Section B 21.B.145 Limitation, suspension and revocation of The requirement has been moved to 21.B.65 a letter of agreement 21.B.150 Record-keeping The requirement has been moved to 21.B.55 SUBPART G — PRODUCTION ORGANISATION APPROVAL 21.B.215 Alternative means of compliance New point aligned with Part-CAMO Section B 21.B.220 Investigation Deleted to align with Part-CAMO Section B 21.B.220 Initial certification procedure New point aligned with Part-CAMO Section B 21.B.221 Oversight principles New point aligned with Part-CAMO Section B 21.B.222 Oversight programme New point aligned with Part-CAMO Section B 21.B.225 Findings and corrective actions Updated to include classification and requirements for competent authority, previously in Section A 21.B.230 Issue of letter of agreement The content has been moved to 21.B.220, to be consistent with Part-CAMO Section B 21.B.235 Continued surveillance The content has been moved to 21.B.221 and 21.B.222 to align with Part-CAMO Section B TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices 21.B.240 Amendment of a production organisation Deleted to align with Part-CAMO Section B approval 21.B.240 Changes to a production organisation New point aligned with Part-CAMO Section B approval 21.B.245 Suspension and revocation of a The requirement has been moved to 21.B.65 production organisation approval 21.B.260 Record-keeping The requirement has been moved to 21.B.55 SUBPART H — AIRWORTHINESS CERTIFICATES AND RESTRICTED CERTIFICATES OF AIRWORTHINESS 21.B.330 Suspension and revocation of a noise The requirement has been moved to 21.B.65 certificate 21.B.345 Record-keeping The requirement has been moved to 21.B.55 SUBPART I — NOISE CERTIFICATES 21.B.430 Suspension and revocation of a noise The requirement has been moved to 21.B.65 certificate 21.B.445 Record-keeping The requirement has been moved to 21.B.55 SUBPART J — DESIGN ORGANISATION APPROVAL 21.B.430 Initial certification procedure New point aligned with Part-CAMO Section B 21.B.431 Oversight principles New point aligned with Part-CAMO Section B 21.B.432 Oversight programme New point aligned with Part-CAMO Section B 21.B.433 Findings and corrective actions New point aligned with Part-CAMO Section B 21.B.435 Changes to a design organisation New point aligned with Part-CAMO Section B approval SUBPART P — PERMIT TO FLY 21.B.530 Revocation of permits to fly The requirement has been moved to 21.B.65 21.B.545 Record-keeping The requirement has been moved to 21.B.55 APPENDICES Appendix VIII EASA Form 52 — Aircraft statement of conformity References updated Appendix X EASA Form 55 — Production organisation approval certificate References updated Appendix XI EASA Form 65 — Letter of agreement for production without References updated production organisation approval List of changes to Part 21 AMC & GM GENERAL GM1 Annex 1 Definitions New GM1 21.1 Competent authority — Responsibility for implementation former GM 21.B.20 GM1 21.1(c) Competent authority — Permit to fly former GM 21.A.705 SECTION A — TECHNICAL REQUIREMENTS Subpart A — General provisions AMC1 21.A.3A(a)(1) Occurrence reporting — Collection, investigation and Amended to make it also analysis of data related to flammability reduction means (FRM) reliability applicable to applicants for a certificate TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices AMC2 21.A.3A(a)(1) Occurrence reporting — Collection, investigation and Amended to make it also analysis of data related to ETOPS significant occurrences applicable to applicants for a certificate GM1 21.A.3A(a) and 21.A.3A(b) Occurrence reporting — Collecting system The title has been amended The system for collection, investigation and analysis of data GM2 21.A.3A(b)(a) and (b) Occurrence reporting The reference in the title has been amended GM1 21.A.3A(a)(1) and (b)(1) Occurrence reporting — Mandatory and New to provide an overview of voluntary occurrence reporting Regulation (EU) No 376/2014 GM1 21.A.3A(a)(1)(ii) and (b)(1)(i) Occurrence reporting — Internal safety New, based on reporting scheme GM1 ORO.GEN.200(a)(3) AMC1 21.A.3A(b)(2)(d) Occurrence reporting — Reporting to EASA The reference has been amended and the text improved AMC1 21.A.5 Record-keeping New, based on AMC1 ORO.GEN.220(b) GM1 21.A.5 Record-keeping New proposed by ASD TF3 AMC1 21.A.5(a) and 21.A.433(a) Record-keeping — Repair design former AMC 21.A.433(a) and 21.A.447 GM1 21.A.5(a) and (b) Record-keeping — Recording and archiving system Former GM 21.A.165(d) and (h), adapted to cover also design organisations AMC1 21.A.5(e) Record-keeping — Record of personnel involved in design Former AMC 21.A.145(d)(2), or production adapted to cover also design organisations GM1 21.A.9 Investigations — Arrangements Former GM 21.A.157, improvement of text SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL AMC1 21.A.122 Eligibility — Link between design and production References have been amended AMC1 21.A.124 Application Text moved form from AMC 21.B.120(c)(1) GM 21.A.124(a) Application – Application form Deleted, its content has been moved to AMC3 21.B.120(a) AMC1 21.A.124A Alternative means of compliance New based on AMC1 ORO.GEN.120(a) GM No 1 to 21.A.125(b) Uncontrolled non-compliance with applicable design Deleted, its content has been data moved to GM1 21.B.125(b)(1), 21.B.225(b)(1) and 21.B430(b)(1) GM No 2 to 21.A.125(b) Examples of level one findings Deleted, its content has been moved to GM1 21.B.125(b) GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings — Causal analysis New, as proposed in NPA 2013- 01(C) GM 21.A.126(b)(6) Production inspection system – Recording and record Deleted, its content has been keeping moved to GM1 21.A.5 (a) and (b) TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices SUBPART G — PRODUCTION ORGANISATION APPROVAL FOR PRODUCTS, PARTS AND APPLIANCES GM 21.A.134 Application – Application form and manner Deleted, its content has been moved to AMC1 21.A.134 AMC1 21.A.134 Application Former AMC21.B.220(c) and GM 21.A.134 AMC1 21.A.134A Alternative means of compliance New, based on AMC1 ORO.GEN.120(a) GM1 21.A.139(c) Production management system — Safety management New, based on element GM2 ORO.GEN.200(a)(1) AMC1 21.A.139(c) Production management system — Safety management New to define the acceptability element of the SMS industry standard AMC1 21.A.139(c)(1) Production management system — Safety policy & New, based on objectives AMC1 ORO.GEN.200(a)(2) GM1 21.A.139(c)(1) Production management system — Safety policy New, based on GM1 ORO.GEN.200(a)(2) AMC1 21.A.139(c)(2) Production management system — Safety New, based on management element — Organisation and accountabilities AMC1 ORO.GEN.200(a)(1) GM1 21.A.139(c)(2) Production management system — Safety management New, based on element — Organisation and accountabilities AMC1 ORO.GEN.200(a)(1) AMC1 21.A.139(c)(3) Production management system — Safety risk New, based on management — Interfaces between organisations GM1 ORO.GEN.200(a)(3) AMC1 21.A.139(c)(3) and (4) Production management system — Safety New, based on management key processes AMC1 ORO.GEN.200(a)(3) GM1 21.A.139(c)(4)(ii) Production management system — Management of New, as proposed in NPA 2013- change 01(C) AMC1 21.A.139(c)(4)(ii) Production management system — Management of New, as proposed in NPA 2013- change 01(C) AMC1 21.A.139(c)(5) Production management system — Safety New, based on communication AMC1 ORO.GEN.200(a)(4) GM1 21.A.139(c)(5) Production management system — Safety promotion New GM on safety promotion AMC1 21.A.139(c)(5)(i) Production management system — Safety training New, dedicated to safety training GM1 21.A.139(c)(5)(i) Production management system — Safety training New, dedicated to safety training AMC1 GM no1 to 21.A.139(a)(d) Production management system — Quality Amended to be extended to the system element production management system AMC1 GM 21.A.139(d)(2)(b)(1) Production management system Quality References have been amended System — Elements of the quality system GM1 No2 21.A.139(d)(1)(a) Production management system — Conformity References have been amended of supplied parts or appliances AMC1 21.A.139(d)(2)(ii) (b)(1)(ii) Production management system — Vendor References have been amended and subcontractor assessment, audit and control — Production Organisation TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices Approval (POA) holder using documented arrangements with other parties for assessment and surveillance of a supplier AMC2 21.A.139(d)(2)(ii) (b)(1)(ii) Production management system — Vendor References have been amended; and sub-contractor assessment, audit and control — Production the text in the note and the point Organisation Approval (POA) holder using other party supplier certification on competent authority approval have been moved to GM1 21.A.139(d)(2)(ii) GM1 21.A.139(d)(2)(ii) Production management system — Vendor and sub- The text has been derived from contractor assessment, audit and control the note and the point on competent authority approval in AMC No2 to 21.A.139(b)(1)(ii) AMC1 21.A.139(e) Production management system — Documentation New, based on GM1 ORO.GEN.200(a)(5) AMC1 21.A.139(f) Production management system — Independent New, based on monitoring of compliance and adequacy AMC1 ORO.GEN.200(a)(6)) GM No 1 to 21.A.139(b)(2) Quality System – Independent quality assurance Deleted function GM1 No2 21.A.139(f)(b)(2) Production management system — Adequacy of References have been amended procedures and monitoring function GM1 21.A.143 Exposition - Production Organisation Exposition (POE) Amended to improve the text AMC1 21.A.143(a)(1) Exposition New, to include the commitment statement AMC1 21.A.145(a) Resources Text derived from GM 21.A.145(a) GM1 21.A.145(a) Resources Approval Requirements Amended to move text containing means of compliance in AMC1 21.A.145(a) GM1 21.A.145(b)(2) Approval requirements Resources — Airworthiness, Amended to improve the text noise, fuel venting and exhaust emissions /production data procedures AMC1 21.A.145(c)(1) Resources — Accountable manager New, based on CAMO.A.305 and on GM 21.A.145(c)(1) GM1 21.A.145(c)(1) Approval requirements Resources — Accountable Amended, some of the text has manager been moved to AMC1 21.A.145(c)(1) AMC1 GM21.A.145(c)(2) Approval requirements Resources — Responsible Amended to improve the text managers and include text based on AMC1 ORO.GEN.200(a)(6) AMC2 21.A.145(c)(2) Resources — Competency of personnel New, to define competency of personnel AMC1 21.A.145(d)(1) Approval requirements Resources — Certifying staff Amended to improve the text AMC 21.A.145(d)(2) Approval requirements – Record of certifying staff Deleted, its content has been moved to AMC1 21.A.5(e) AMC1 21.A.145(d)(2)(3) Approval requirements Resources – Evidence of Amended to improve the text authorisation TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices AMC1 21.A.147 Changes to the production management system — New to include the text deleted Application for variation of scope and terms of the POA from point 21.A.147 and the text from AMC No1 to 21.B.240 GM1 21.A.147(a) Changes to the approved production management system Amended to improve the text organisation — Significant changes GM1 21.A.149 Transferability References have been amended AMC1 21.A.153 Changes to the terms of approval — Application for a change References have been amended to the terms of approval GM 21.A.157 Investigations – Arrangements deleted GM No 1 to 21.A.158(a) Uncontrolled non-compliance with applicable design Deleted, its content has been data moved to GM1 21.B.125(b)(1), 21.B.225(b)(1) and 21.B430(b)(1) GM No 2 to 21.A.158(a) Examples of level one findings Deleted, its content has been moved to GM1 21.B.125(b) GM 21.A.165(d) and (h) Obligations of the holder – Recording and archiving Deleted, its content has been system moved to GM1 21.A.5(a) and (b)) GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings — Causal analysis New, as proposed in NPA 2013- 01(C) SUBPART J — DESIGN ORGANISATION APPROVAL GM1 21.A.239(c) Design management system — Safety management New, based on element GM2 ORO.GEN.200(a)(1) AMC1 21.A.239(c) Design management system — Safety management New to define acceptability of element SMS industry standard AMC1 21.A.239(c)(1) Design management system — Safety policy & New, based on objectives AMC1 ORO.GEN.200(a)(2) GM1 21.A.239(c)(1) Design management system — Safety policy New, based on GM1 ORO.GEN.200(a)(2) AMC1 21.A.239(c)(2) Design management system — Safety management New, based on element — Organisation and accountabilities AMC1 ORO.GEN.200(a)(1) GM1 21.A.239(c)(2) Design management system — Safety management New, based on element — Organisation and accountabilities AMC1 ORO.GEN.200(a)(1) AMC1 21.A.239(c)(3) and (4) Design management system — Safety New, based on management key processes AMC1 ORO.GEN.200(a)(3) AMC1 21.A.239(c)(3) Design management system — Safety risk management New, based on — Interfaces between organisations GM1 ORO.GEN.200(a)(3) AMC1 21.A.239(c)(4)(ii) Design management system — Management of New, as proposed in NPA 2013- change 01(C) GM1 21.A.239(c)(4)(ii) Design management system — Management of New, as proposed in NPA 2013- change 01(C) AMC1 21.A.239(c)(5) Design management system — Safety communication New, based on AMC1 ORO.GEN.200(a)(4) TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices GM1 21.A.239(c)(5) Design management system — Safety Promotion New GM on safety promotion AMC1 21.A.239(c)(5)(i) Design management system — Safety training New, dedicated to safety training GM1 21.A.239(c)(5)(i) Design management system — Safety training New, dedicated to safety training GM1 21.A.239(d)(a) Design management system — Design assurance system Part of the text has been moved element to AMC1 21.A.239(d) AMC1 21.A.239(d) Design management system — Design assurance element Former GM1 21.A.239(d) AMC2 GM21.A.239(d)(a) Design management system — Design assurance Change of title to reflect the element system for minor changes to type design or minor repairs to content products AMC1 21.A.239(a)(3) Design assurance system – Independent system Deleted monitoring AMC1 21.A.239(d)(2)(b) Design management assurance system — References have been amended Independent verification checking function of the demonstration of compliance GM1 21.A.239(d)(3)(c) Design management system — Design assurance References have been amended element system AMC1 21.A.239(e) Design management system — Documentation New, based on GM1 ORO.GEN.200(a)(5) AMC1 21.A.239(f) Design management system — Independent monitoring of New, based on compliance and adequacy AMC1 ORO.GEN.200(a)(6)) AMC1 21.A.243(a) Data Handbook Amended to improve the text, change references and include the commitment statement AMC2 21.A.243(a) Data Handbook — Model content of handbook for References have been amended organisations designing minor changes to type design or minor repairs to products AMC1 21.A.243(d) Handbook — Statement of qualifications and experience Text from GM No 1 to 21.A.243(d) GM1 21.A.243(d) Handbook — Statement of qualifications and experience Amended to update references, to include safety functions, and to delete means of compliance and move them to AMC1 21.A.243(d) AMC2 21.A.243(d) Handbook Data requirements — Statement of the Amended to improve the text qualification and experience – Organisations designing minor changes to type design or minor repairs to products AMC GM No1 21.A.245 Resources Requirements for approval Amended to improve the text and update references AMC GM No 2 21.A.245 Resources Requirements for approval — Amended to improve the text Organisations designing minor changes to type design or minor repairs to products TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices AMC1 21.A.245(a) Resources — Head of the design organisation New, based on CAMO.A.305 and on GM 21.A.145(c)(1) AMC1 21.A.245(b) Resources — Responsible managers New text based on AMC1 ORO.GEN.200(a)(6) and AMC1 21.A.145(c)(2) AMC2 21.A.245(b) Resources — Competency of personnel New, to define competency of personnel AMC1 21.A.247 Changes to the design management system — Application New, text derived from the for a significant change or a variation of scope and terms of the DOA deleted point 21.A.247 GM1 21.A.247 Changes to in the design management assurance system Amended to improve the text GM 21.A.257(a) Investigations Deleted, its content has been moved to GM1 21.A.9 GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings — Causal analysis New, as proposed in NPA 2013- 01(C) SUBPART M — REPAIRS AMC1 AMC 21.A.433(a) and 21.A.447 Repair design and record keeping Deleted, its content has been moved to AMC1 21.A.5(a) and 21.A.433(a) SUBPART P — PERMIT TO FLY GM 21.A.705 Competent authority Deleted, its content has been moved to GM1 21.1(c) SECTION B PROCEDURES FOR COMPETENT AUTHORITIES SUBPART A — GENERAL GM 21.B.20 Responsibility for implementation Deleted, its content has been moved to 21.1(a)(2) and (3) AMC1 21.B.25 Management system — General New, based on AMC1 ARO.GEN.120(e) AMC2 GM21.B.25 Organisation Management System — General Amended to improve the text GM 21.B.25(b)– Resources deleted GM 21.B.25(c) Qualification and training deleted AMC1 21.B.25(a)(1) Management system — Documented procedures former AMC 21.B.30(a) GM1 21.B.25(a)(2) Management system — Personnel New, based on GM1 ARO.GEN.200(a)(2) AMC1 21.B.25(a)(3) Management system — Qualification and training — New, based on General AMC1 ARO.GEN.200(a)(2) AMC2 21.B.25(a)(3) Management system — Qualification and training — New, based on the current Technical personnel including inspectors AMC 145.B.10(3) AMC3 21.B.25(a)(3) Management system — Initial and recurrent training — New, based on Inspectors AMC2 ARO.GEN.200(a)(2) AMC1 21.B.25(a)(5) Management system — Safety risk management process New AMC on safety risk management as part of the management system framework for competent authorities TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices GM1 21.B.25(a)(5) Management system — Safety risk management process New GM on the same subject AMC1 21.B.25(d) Management system — Procedures available to EASA New AMC based on AMC1 ARO.GEN.200(d) AMC 21.B.30(a) Documented procedures Deleted, its content has been moved to AMC1 21.B.25(a)(1) GM1 21.B.30 Allocation of tasks to qualified entities — Certification tasks New, based on GM1 ARO.GEN.205 AMC 21.B.35(a) Changes deleted GM No 1 to 21.B.45 Co-ordination with other related activities deleted GM No 2 to 21.B.45 Co-ordination deleted GM No 3 to 21.B.45 Reporting – Information relevant to registers established deleted by the Agency AMC1 21.B.55(a) Record-keeping — General New, based on AMC1 ARO.GEN.220(a) AMC1 21.B.55(a)(1) Record-keeping — Competent authority management New, based on system AMC1 ARO.GEN.220(a)(1);(2);(3) GM1 21.B.55 Record-keeping — Design approvals transferred to the Agency References have been amended GM1 21.B.55(e) Record-keeping — Traceability of release certificates former GM 21.B.150(d) AMC1 21.B.65 Suspension, limitation and revocation — Corrective action former AMC 21.B.245 plan AMC1 21.B.65(c) Suspension, limitation and revocation — Information on New AMC, as proposed in NPA security situation 2013-01(C) GM1 21.B.65 Suspension, limitation and revocation former GM 21.B.245 SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL GM1 21.B.115 and 21.B.215 Alternative means of compliance New, based on GM1 ARO.GEN.120 AMC1 21.B.115(d) and 21.B.215(d) Alternative means of compliance — New, based on Demonstration of compliance AMC1 ARO.GEN.120(e) AMC1 21.B.120(a) Initial certification procedure — Investigation team New, based on the curent 21.B.120 AMC2 21.B.120(a) Initial certification procedure — Investigation team Amended to improve the text Qualification criteria for the investigation team members AMC3 21.B.120(a)(c)(1) Initial certification procedure — Evaluation of Amended to improve the text applications and remove Form 60 that has been moved to AMC1 21.A.124 AMC4 GM 21.B.120(a)(c)(3) Initial certification procedure — Investigation Amended to improve the text preparation and planning and update references GM1 21.B.120(c) Initial certification procedure — Auditing and investigation The title has been updated findings AMC1 21.B.120(d) Initial certification procedure — Issue of the letter of Former AMC 21.B.130 and agreement GM 21.B.130(b) GM1 21.B.125(a) 21.B.125(b), 21.B.225(b) and 21.B430(b) Findings and former GM 21.B.125(a) corrective actions — Objective evidence TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices GM1 21.B.125(b) Findings and corrective actions — Examples of level 1 Former GM No 2 to 21.A.125B(a) findings GM1 21.B.125(b)(1) and 21.B.225(b)(1) Findings and corrective actions — Former GM No1 to 21.A.125B(a) Uncontrolled non-compliance with applicable design data AMC1 21.B.125(d) Findings and corrective actions — Notification of findings New, based on AMC 21.B.225(a) AMC 21.B.130 Issue of the letter of agreement Deleted, its content has been oved to AMC1 21.B.120(d) GM 21.B.130(b) Issue of the letter of agreement Deleted, its content has been oved to AMC1 21.B.120(d) AMC1 21.B.140 Amendment of a letter of agreement The text has been improved and references have been amended GM 21.B.150(d) Record keeping – Traceability of release certificates Deleted, its content has been oved to GM1 21.B.55(e) SUBPART G — PRODUCTION ORGANISATION APPROVAL GM1 21.B.115 and 21.B.215 Alternative means of compliance New, based on GM1 ARO.GEN.120 AMC1 21.B.115(d) and 21.B.215(d) Alternative means of compliance — New, based on Demonstration of compliance AMC1 ARO.GEN.120(e) AMC1 21.B.220 and 21.B.430 Initial certification procedure — Verification of New, based on compliance AMC1 ARO.GEN.310(a) AMC1 GM No 1 to 21.B.220(c) Procedures for investigation Initial Amended to improve the text certification procedure — Investigation preparation and planning AMC1 21.B.220 and 21.B.221 Initial certification procedure — Investigation New text, based on 21.B.220 team AMC1GM 21.B.220(a) Initial certification procedure — Investigation team Amended to improve the text AMC 21.B.220(c) Procedures for investigation – Evaluation of applications Deleted, its content has been oved to AMC1 21.A.134 GM1 No 2 to 21.B.220(c) Initial certification procedure — Organisation Amended to improve the text approval Procedures for investigation — General and update references GM2 No 3 to 21.B.220(c) Initial certification procedure — Procedures for Amended to update references investigation – POA applications Application received from organisations with facilities/partners/suppliers/subcontractors located in a third country GM3 No 4 to 21.B.220(c) Initial certification procedure Procedures for Amended to update references investigation — Competent authority surveillance of suppliers of a POA holder located in other Member States AMC1 21.B.220(d)(1) Initial certification procedure — Issuance of the former AMC No1 to 21.B.230 certificate AMC1 21.B.221(a), (b) and (c) Oversight principles — Management system New, based on assessment GM1 ARO.GEN.300(a);(b);(c) AMC1 21.B.222 and 21.B.432 Oversight programme — Annual review New, as proposed in NPA 2013- 01(C) GM1 21.B.222(a) Oversight programme — Maintenance of the POA — Work former GM 21.B.235(b) allocation within the competent authority TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices AMC1 21.B.222(b) and 21.B.432(b) Oversight programme — Specific nature New, based on and complexity of the organisation — results of past oversight AMC1 ARO.GEN.305(b);(d);(d1) AMC2 21.B.222(b) and 21.B.432(b) Oversight programme — Subcontracted New AMC added for determine activities the need for oversight for subcontracted organisations GM1 21.B.222(b) Oversight programme former GM 21.B.235(b) and (c) AMC1 21.B.222(b)(1) Oversight programme — Audit New, based on AMC1 ARO.GEN.305(b)(1) GM1 21.B.222(b)(1)(ii) Oversight programme — Guide to the conduct of Former GM 21.B.235(a)(4) monitoring production standards AMC1 21.B.222(c) Oversight programme — Oversight planning cycle audit New, based on and inspection AMC1 ARO.GEN.305(c) AMC1 21.B.222(c) and 21.B.432(c) Oversight programme — Oversight New, based on planning cycle — Audit AMC1 ARO.GEN.305(c) AMC1 21.B.222(d) Oversight programme — Extension of the oversight New, as proposed in NPA 2013- planning cycle beyond 24 months 01(C) GM1 21.B.125(a) 21.B.125(b), 21.B.225(b) and 21.B430(b) Findings and former GM 21.B.125(a) corrective actions — Objective evidence AMC1 21.B.225(d)(a) Findings and corrective actions — Notification of Amended to improve the text findings GM1 21.B.125(b)(1) and 21.B.225(b)(1) Findings and corrective actions — Former GM No1 to 21.A.125B(a) Uncontrolled non-compliance with applicable design data AMC No 1 to 21.B.230 Issue of the certificate Deleted, its content has been moved to AMC1 21.B.220(d)(1) GM 21.B.235(a)(4) Guide to the conduct of monitoring production standards. Deleted, its content has been moved to GM1 21.B.222(b)(1)(ii) GM 21.B.235(b) Maintenance of the POA - Work allocation within the Deleted, its content has been competent authority moved to GM1 21.B.222(a) GM 21.B.235(b) and (c) Continued surveillance Deleted, its content has been moved to GM1 21.B.222(b) AMC 21.B.235(c) Continuation of POA Deleted, its content has been moved to AMC1 21.B.222(b)(1) and 21.B.432(b)(1) AMC1 No 1 to 21.B.240 Changes to a production organisation approval — Amended, based on Application for significant changes or a variation of scope and terms of the AMC1 ARO.GEN.33 and removal POA of Form 51 that has been moved to AMC1 21.A.147 GM 21.B.245 Continued validity Deleted, its content has been moved to GM1 21.B.65 AMC 21.B.245 Corrective action plan Deleted, its content has been moved to AMC1 21.B.65 SUBPART J — DESIGN ORGANISATION APPROVAL TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. 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Appendices AMC1 21.B.220 and 21.B.430 Initial certification procedure — Verification of New, based on compliance AMC1 ARO.GEN.310(a) AMC1 21.B.430 and 21.B.431 Initial certification procedure — Investigation New, based on AMC1 21.B.220 team and 21.B.221 AMC1 21.B.430(a) Initial certification procedure — Organisation approval New, based on team AMC1 21.B.220(a) AMC1 21.B.430(d)(1) Initial certification procedure — Issuance of the New based on certificate AMC1 21.B.220(d)(1) AMC1 21.B.431(a), (b) and (c) Oversight principles — Management system New, based on assessment GM1 ARO.GEN.300(a);(b);(c) AMC1 21.B.222 and 21.B.432 Oversight programme — Annual review New, as proposed in NPA 2013- 01(C) AMC1 21.B.222(b) and 21.B.432(b) Oversight programme — Specific nature New, based on and complexity of the organisation — results of past oversight AMC1 ARO.GEN.305(b);(d);(d1) AMC2 21.B.222(b) and 21.B.432(b) Oversight programme — Subcontracted New AMC, added for determine activities the need for oversight for subcontracted organisations AMC1 21.B.432(b)(1) Oversight programme — Audit New, based on AMC1 ARO.GEN.305(b)(1) AMC1 21.B.432(c) Oversight programme — Oversight planning cycle audit New, based on and inspection AMC1 ARO.GEN.305(c) AMC1 21.B.222(c) and 21.B.432(c) Oversight programme — Oversight New, based on planning cycle — Audit AMC1 ARO.GEN.305(c) AMC1 21.B.432(d) Oversight programme — Extension of the oversight New, as proposed in NPA 2013- planning cycle beyond 24 months 01(C) GM1 21.B.125(b), 21.B.225(b) and 21.B4.30(b) Findings and corrective former GM 21.B.125(a) actions — Objective evidence AMC1 21.B.433(d) Findings and corrective actions — Notification of findings New, based on AMC1 21.B.225(d) Findings and corrective actions - Notification of findings AMC1 21.B.435 Changes to a design organisation approval — Application for New, based on on significant changes or A variation of scope and terms of the DOA AMC1 ARO.GEN.33 TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 49 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices 7.2. Appendix II — Detailed summary of changes for Part-145 NPA 2019-05 (C) includes the draft implementing rules (IRs) as well the draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) for Part-145. The following text is just a summary of the SMS-related changes to Part-145. General changes to Part-145 text (IR/AMC/GM Section A and Section B): — All references to a ‘quality system’ are replaced by a ‘management system’ or ‘compliance monitoring’ (depending on the context). — All references to ‘continuation training’ are replaced by ‘recurrent training’. — All references to a ‘surveyor’ are replaced by ‘inspector’. — All references to personnel ‘competence’ are replaced by ‘competency’. — All references to personnel ‘human factors training’ are replaced by ‘safety training’. — General linguistic improvement. — All references to ‘approval schedule’ are replaced by ‘terms of approval’. Several changes were made to clarify the use of the terms ‘approval’ (in the sense of approval process) and ‘certificate’ (in the sense of the output of an approval process). — References to Regulation (EC) No 216/2008 have been changed to Regulation (EU) 2018/1139. — References to ‘indirect approval’ are adapted, where applicable, to the concept of ‘change not requiring prior approval’ (see 145.A.85). — References to Flight Engineer (FE) licences are deleted, as these are no longer foreseen in Part-FCL (Commission Regulation (EU) No 1178/2011). The existing authorisation is to be ‘grandfathered’ through the amendment of Article 4. — References to EASA Form 4 are deleted, as also discussed for Part-CAMO, and this is for all cases (nominated post holders, safety manager, compliance monitoring manager). The relevant points are amended to define the acceptance process through oversight and formal acceptance through approving the exposition. — When the content of existing AMC or GM is amended or for new AMC or GM, the title of the AMC or GM takes a sequential number (e.g. AMC1, GM2, etc.). — Remark: at the AMC & GM level, similarly to the approach taken for Part-CAMO and explained in Opinion No 06/2016, no distinction will be made between complex and non-complex organisations, and a single set of AMC & GM will be applicable to all Part-145 organisations. List of changes to the Cover Regulation COVER REGULATION Article 4 New paragraph 9 to ensure that any existing certification authorisation issued on the basis of a flight engineer licence continues to remain valid. New paragraph 10 for the adaptation of the organisation with the management system List of changes to Part-145 IR* TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 50 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices * For Section B, because it is replaced by a new content aligned with Part-CAMO, the deleted rule points are not listed. For Section A, to give a complete picture, also the unchanged points are indicated. Numbering convention: Section A: any existing/amended point keeps the current numbering; any ‘new’ point takes the CAMO numbering. Section B: full alignment with the Part-CAMO numbering TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 51 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices Part-145 reference Action Change of the title in harmonisation with CAMO.A.105; consideration of new Basic Regulation Article 65 on reallocation of competent authority responsibility to EASA 145.1 General Competent authority upon request of organisations operating in more than one Member State; consideration of new Basic Regulation Article 64 on reallocation of responsibility upon request of Member States SECTION A — TECHNICAL AND ORGANISATION REQUIREMENTS 145.A.10 Scope Alignment with CAMO.A.005 (Scope) 145.A.15 Application for an organisation Alignment with CAMO.A.115 (Application for an organisation certificate certificate) Alignment with part of CAMO.A.125 (Terms of approval and 145.A.20 Terms of approval privileges of the organisation) 145.A.25 Facility requirements No change Alignment of with CAMO.A.305 (Personnel requirements) for the accountable manager and nominated persons 145.A.30 Personnel requirements The reference to flight engineer has been deleted in (j); the reference to 145.A.37 has been introduced in (k) See ‘General changes’; point (j) is moved to 145.A.55 (Record- 145.A.35 Certifying staff and support staff keeping) 145.A.36 Records of airworthiness review Deleted, its content has been moved to 145.A.55 (Record- staff keeping) New, based on CAO.A.045 (Airworthiness review staff) 145.A.37 Airworthiness review staff (Opinion No 05/2016) 145.A.40 Equipment and tools No change 145.A.42 Components No change see ‘General changes’; the reference to 145.A.202 has been 145.A.45 Maintenance data introduced in (c); the reference to HF has been introduced in (e) Points (b) and (d) have been amended to introduce the risks 145.A.47 Production planning related to (respectively) personnel fatigue and external working teams Alignment with M.A.201(c) and 145.A.80; adaptation to 145.A.48 Performance of maintenance management system 145.A.50 Certification of maintenance Alignment with M.A.801 as amended by Opinion No 05/2016 Alignment with CAMO.A.220 (Record-keeping), former 145.A.55 Maintenance and airworthiness 145.A.35(j) and 145.A.36; alignment with ML.A.904(d) review records Record-keeping (Opinion No 05/2016) for airworthiness review records; Alignment with CAMO.A.160; elements of internal reporting 145.A.60 Occurrence reporting to be covered by 145.A.202 Delete ‘safety/quality’ elements (see 145.A.200); keep 145.A.65 Safety and quality policy, 145.A.65(b) with minor alignment to CAMO.A.315(e) Maintenance procedures and quality system (Continuing airworthiness management) TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices Clarification on the MOE objective; certain alignment with 145.A.70 Maintenance organisation CAMO.A.300 (CAME); deletion of ‘where applicable’ when not exposition (MOE) referring to a given implementing rule requirement Simplification of (b) to prevent the interpretation that subcontracting maintenance to approved organisation is 145.A.75 Privileges of the organisation prohibited; the limitation of airworthiness review privilege inside the Member States has been added (see CAMO.A.125(e)) 145.A.80 Limitations on the organisation Deleted, its content has been moved to 145.A.48 145.A.85 Changes to the organisation Alignment with CAMO.A.130 (Changes to the organisation) 145.A.90 Continued validity Alignment with CAMO.A.135 (Continued validity) 145.A.95 Findings Alignment with CAMO.A.150 (Findings) 145.A.120 Means of compliance Alignment with CAMO.A.120 (Means of compliance) 145.A.140 Access Alignment with CAMO.A.140 (Access) 145.A.155 Immediate reaction to a safety Alignment with CAMO.A.155 (Immediate reaction to a safety problem problem) 145.A.200 Management system Alignment with CAMO.A.200 (Management system) Alignment with CAMO.A.202 (Internal safety reporting 145.A.202 Internal safety reporting scheme scheme) Based on CAMO.A.205 (Contracting and subcontracting) and 145.A.205 Contracting and subcontracting ORO.GEN.205 (contracted activities) for purchased equipment or services SECTION B — AUTHORITY REQUIREMENTS PROCEDURES FOR COMPETENT AUTHORITIES 145.B.005 Scope New/aligned with Part-CAMO Section B 145.B.115 Oversight documentation New/aligned with Part-CAMO Section B New/aligned with Part-CAMO Section B with a minor 145.B.120 Means of compliance clarification in point (a) 145.B.125 Information to EASA New/aligned with Part-CAMO Section B 145.B.135 Immediate reaction to a safety New/aligned with Part-CAMO Section B problem New/aligned with Part-CAMO Section B with a minor 145.B.200 Management system difference in point (d) New/aligned with Part-CAMO Section B with a minor change 145.B.205 Allocation of tasks to qualified in point (a) to remove the reference to the Member State, entities because the regulated entity is the Competent Authority. 145.B.210 Changes in the management New/aligned with Part-CAMO Section B system 145.B.220 Record-keeping New/aligned with Part-CAMO Section B New/aligned with Part-CAMO Section B with a minor 145.B.300 Oversight principles improvement in points (d) and (e) 145.B.305 Oversight programme New/aligned with Part-CAMO Section B TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices New/aligned with Part-CAMO Section B with a minor 145.B.310 Initial certification procedure clarification in point (b) New/aligned with Part-CAMO Section B with a clarification in 145.B.330 Changes — organisations point (e) 145.B.350 Findings and corrective actions New/aligned with Part-CAMO Section B 145.B.355 Suspension, limitation, and New/aligned with Part-CAMO Section B revocation APPENDICES TO PART-145 Appendix I — Authorised Release Certificate — EASA No change Form 1 Appendix II — Class and Rratings Ssystem used for the Incorporate the content from Appendix IV to Part-M; Aapproval of Mmaintenance Oorganisations referred adapt indirect approval of capability list with the to in Annex I (Part-M) Subpart F and Annex II (Part-145) approach of change not requiring prior approval Appendix III — Maintenance Oorganisation certificate Alignment with Appendix I to Part-CAMO Approval referred to in Annex II (Part-145) — EASA (Certificate); Change related to the airworthiness Form 3-145 review privilege (modified by Opinion No 06/2016) Appendix IV — Conditions for the use of staff not qualified in accordance with Annex III (Part-66) No change referred to in points 145.A.30(j)1 and 2 TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 54 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices List of changes to Part-145 AMC & GM* *For Section A, only AMC & GM affected by this RMT are listed. For Section B, because it is replaced by a new content aligned with Part-CAMO, the deleted AMC & GM are not listed. GENERAL GM1 to Annex II (Part-145) Definitions New SECTION A — TECHNICAL AND ORGANISATION REQUIREMENTS AMC1 145.A.10 Scope Minor adaptation to management system GM1 145.A.10 Scope Adaptation to management system; clarification that the external organisation performing the independent audit is subcontracted. AMC1 145.A.15 Application for an organisation Alignment with AMC M.A.702 (to become AMC1 CAMO.A.115) certificate AMC2 145.A.15 Application for an organisation New; information on ‘pre-audit’ certificate GM1 145.A.15(b) Application for an organisation New; the purpose is to explain that the ‘shall’ in 145.A.15(b) certificate does not mean that ‘changes not requiring prior approval’ (145.A.85(c)) is a privilege and can be used from the start of operation AMC1 145.A.25(a) Facility requirements New point (5), introduced to clarify that, considering a risk assessment, flexibility is allowed for certain base maintenance tasks to be carried in facility other than a hangar enclosing the whole aircraft (EM.TEC input). AMC1 145.A.30(a) Personnel requirements Alignment with AMC M.A.706(a) (to become AMC1 CAMO.A.305(a)) AMC1 145.A.30(b) Personnel requirements Partial alignment with AMC M.A.706 (to become AMC1 CAMO.A.305(a)(3)) and adaptation to management system; quality and safety manager are not subject of this AMC GM1 145.A.30(b) Personnel requirements New; explanation of the purpose of ‘ensuring compliance’ (as opposed to ‘monitoring compliance’) AMC1 145.A.30(c) Personnel requirements Adaptation to management system AMC1 145.A.30(c);(ca) Personnel requirements New AMC for the safety management and compliance monitoring function (based on AMC1 ORO.GEN.200(a)(1) and AMC1 ORO.GEN.200(a)(6)) GM1 145.A.30(ca) Personnel requirements New GM for the safety manager, based on GM1 ORO.GEN.200(a)(1) AMC1 145.A.30(cc) Personnel requirements New AMC for nominated persons, based on AMC M.A.706 (to become AMC1 CAMO.A.305(c)) AMC1 145.A.30(d) Personnel requirements Adaptation to management system AMC1 145.A.30(e) Personnel requirements Adaptation to management system AMC2 145.A.30(e) Personnel requirements Adaptation to management system and change from HF training to safety training AMC3 145.A.30(e) Personnel requirements Simplification and update of reference TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices AMC4 145.A.30(e) Personnel requirements Simplification and ‘general change’ AMC5 145.A.30(e) Personnel requirements New AMC, based on the current GM2 145.A.30(e), AMC M.A.706(k) (to become AMC3 CAMO.A.305(g)) and AMC M.A.607 GM1 145.A.30(e) Personnel requirements Adaptation to management system as safety training GM2 145.A.30(e) Personnel requirements Elements moved to new AMC5 145.A.30(e); Adaptation to management system and safety training GM3 145.A.30(e) Personnel requirements Adaptation to management system GM4 145.A.30(e) Personnel requirements New GM, based on EHFAG (former HF CAG) inputs GM5 145.A.30(e) Personnel requirements New GM, based on HF CAG inputs GM6 145.A.30(e) Personnel requirements New GM, added to clarify the scope of safety training depending on the complexity of the organisation. AMC1 145.A.30(f) Personnel requirements See ‘general changes’ AMC1 145.A.30(h) Personnel requirements See ‘general changes’ AMC1 145.A.30(j)(4) Personnel requirements Deletion of the point relevant to flight engineer which no longer exists under Part-FCL. GM 145.A.30(j)(4) Personnel requirements (Flight Deleted because it is relevant to flight engineer which no crew) longer exist under Part-FCL. AMC1 145.A.30(j)(5) Personnel requirements Adaptation to management system AMC1 145.A.30(j)(5)(i) Personnel requirements Adaptation to management system AMC1 145.A.30(j)(5)(ii) Personnel requirements Adaptation to management system AMC1 145.A.35(a) Certifying staff and support See ‘general changes’ and update of reference staff AMC1 145.A.35(d) Certifying staff and support See ‘general changes’ and adaptation to management system staff AMC1 145.A.35(e) Certifying staff and support See ‘general changes’ and update of reference staff AMC1 145.A.35(f) Certifying staff and support See ‘general changes’ and update of reference staff AMC1 145.A.45(c) Maintenance data Use of internal safety reporting scheme (145.A.202) AMC1 145.A.45(d) Maintenance data Adaptation to management system AMC1 145.A.45(e) Maintenance data New point linked to the risk when using a work card system provided by the operator/CAMO AMC1 145.A.47(b) Production planning New AMC related to fatigue risk management AMC GM1 145.A.47(b) Production planning AMC changed to GM and expanded with fatigue information GM1 145.A.47(d) Production planning New GM to explain the meaning of ‘external working teams’ AMC1 145.A.48(a) AMC 145.A.80 Limitations on Provision extended to component maintenance organisation; the organisation Performance of maintenance see also ‘general changes’ AMC1 145.A.48(c)(2) AMC1 145.A.48(b) Reference of the AMC amended to reflect the revised Performance of maintenance implementing rule AMC2 145.A.48(c)(2) AMC2 145.A.48(b) Reference of the AMC amended; clarification provided on the Performance of maintenance source used for critical task identification TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices AMC3 145.A.48(c)(2) AMC3 145.A.48(b) Reference of the AMC amended Performance of maintenance AMC4 145.A.48(c)(2) AMC4 145.A.48(b) Reference of the AMC amended Performance of maintenance AMC1 145.A.48(c)(3) Performance of Amended references maintenance GM1 145.A.48(c)(3) Performance of maintenance Amended references; correct the term ‘duplicate’ by ‘independent’ GM1 145.A.48(c)(4) GM 145.A.48(d) Performance Amended references of maintenance — critical design configuration control limitations (CDCCL) GM1 AMC 145.A.50(a) Certification of AMC changed into GM; clarification of the responsibilities maintenance linked to the issue of a CRS AMC1 145.A.50(b) Certification of maintenance Alignment with ICAO Annex 6, Part I, Paragraph 8.8. AMC1 145.A.50(e) Certification of maintenance Change relevant to the convention for referencing the rule AMC1 145.A.55 Record-keeping New AMC; alignment with AMC1 ORO.GEN.220(b) GM1 145.A.55 Record-keeping New GM; alignment with GM1 ORO.GEN.220(b) GM1 145.A.55(a)(1) Record-keeping Maintenance Amended to limit to ‘maintenance records’; general points 4., and airworthiness review records 5. and 6. covered by AMC1 145.A.55 AMC1 145.A.55(a)(3) AMC 145.A.55(c) Record- Amended reference and title keeping Maintenance and airworthiness review records AMC1 145.A.55(d) AMC 145.A.35(j) Certifying Amended to limit to certifying staff and support staff records; staff and support staff Record-keeping See ‘general changes’ AMC2 145.A.55(d) AMC 145.A.36 Record-keeping AMC 145.A.36 relocated under 145.A.55(d) Records of airworthiness review staff AMC 145.A.60(b) Occurrence reporting Deleted; intent covered by the new AMC1 145.A.202 AMC 145.A.65(a) Safety and quality policy, Deleted; covered by AMC1 145.A.200(a)(2) maintenance procedures and quality system AMC1 145.A.65(b) Safety and quality policy, Amended reference and use of internal safety reporting mMaintenance procedures and quality system scheme (145.A.202) GM1 145.A.65 Maintenance procedures New GM added to provide guidance on the design and presentation of technical procedures in line with human factors principles. GM2 145.A.65(b)(1) Safety and quality policy, Amended references mMaintenance procedures and quality system AMC1 145.A.65(b)(2) Safety and quality policy, Amended references mMaintenance procedures and quality system AMC1 145.A.70(a) Maintenance organisation Amended to reflect the change to the implementing rule and exposition (MOE) adaptation to management system GM1 145.A.70(a) Maintenance organisation Same as above ; point 9 transferred to new exposition (MOE) AMC1 145.A.70(a)(1) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 57 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices AMC1 145.A.70(a)(1) Maintenance organisation New AMC, based on point 9 of GM 145.A.70(a); the text of the exposition (MOE) accountable manager statement is simplified. AMC1 145.A.75(b) Privileges of the organisation See ‘general changes’ and adaptation to management system and change to 145.A.75; note in paragraph 1 on the FAR Part 145 deleted, because relevant to foreign regulation. GM1 145.A.75(b) Privileges of the organisation New GM to clarify that it is not prohibited to subcontract certain activities to an approved organisation. The rule does neither foresee an AMO to work solely as subcontractor (they should exercise their privilege). AMC1 145.A.85 Changes to the organisation New AMC; alignment with AMC1 ORO.GEN.130 AMC2 145.A.85 Changes to the organisation New AMC, based on AMC1 ORO.GEN.130(b) GM1 145.A.85 Changes to the organisation New GM to clarify that 145.A.85 is also applicable to MOE changes GM1 145.A.85(a)(1) Changes to the organisation New GM to provide example for changes that may affect the scope of the certificate or the terms of approval GM2 145.A.85(a)(1) Changes to the organisation New GM; alignment with GM2 ORO.GEN.130(a) GM1 145.A.85(b) Changes to the organisation New GM in the spirit of GM1 ORO.GEN.130(b) GM1 145.A.85(c) Changes to the organisation New GM clarifying the intent of ‘changes not requiring prior approval’ AMC1 145.A.95 Findings New AMC, based on AMC1 ORO.GEN.150(b) GM1 145.A.95 Findings New GM, as proposed in NPA 2013-01(C), also to be used for compliance monitoring (145.A.200(a)(6)) AMC1 145.A.120 Means of compliance New GM, based on AMC1 ORO.GEN.120(a) GM1 145.A.200 Management system New GM explaining the management system concept AMC1 145.A.200(a)(1) Management system New AMC, based on AMC1 ORO.GEN.200(a)(1) GM1 145.A.200(a)(1) Management system New GM, based on GM2 ORO.GEN.200(a)(1) GM2 145.A.200(a)(1) Management system New GM, aligned with GM3 ORO.GEN.200(a)(1) AMC1 145.A.200(a)(2) Management system New AMC, based on AMC1 ORO.GEN.200(a)(2) GM1 145.A.200(a)(2) Management system New GM, based on GM1 ORO.GEN.200(a)(2) and extended to safety culture and just culture AMC1 145.A.200(a)(3) Management system New AMC, based on AMC1 ORO.GEN.200(a)(3) GM1 145.A.200(a)(3) Management system New GM, based on GM4 ORO.GEN.200(a)(3) GM2 145.A.200(a)(3) Management system New GM, as proposed in NPA 2013-01(C) AMC1 145.A.200(a)(4) Management system New AMC, based on AMC1 ORO.GEN.200(a)(4) GM1 145.A.200(a)(4) Management system New GM on safety promotion GM1 145.A.200(a)(5) Management system New GM, based on GM1 ORO.GEN.200(a)(5) AMC1 145.A.200(a)(6) Management system New AMC, based on AMC 145.A.65(c)(1) point 1 AMC2 145.A.200(a)(6) AMC 145.A.65(c)(1) Safety AMC based on AMC 145.A.65(c)(1) points 2. to 11. and quality policy, maintenance procedures and quality system Management system AMC3 145.A.200(a)(6) Management system New AMC, based on GM1 ORO.GEN.200(a)(6) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 58 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices AMC4 145.A.200(a)(6) AMC 145.A.65(c)(2) Safety AMC based on AMC 145.A.65(c)(2) and quality policy, maintenance procedures and quality system Management system GM1 145.A.200(a)(6) Management system New GM to clarify that the compliance monitoring function itself needs to be monitored for compliance. GM2 145.A.200(a)(6) GM 145.A.65(c)(1) Safety GM based on GM 145.A.65(c)(1), but extensively revised to and quality policy, maintenance procedures and provide better guidance and an example on compliance quality system Management system monitoring audit plan. AMC1 145.A.202 Internal safety reporting scheme New AMC, based on NPA 2013-01(C) GM1 145.A.202 Internal safety reporting scheme New GM, based on GM1 ORO.GEN.200(a)(3) GM1 145.A.205 Contracting and subcontracting New GM, based on GM2 ORO.GEN.205 and extended to address particular maintenance aspects GM2 145.A.205 Contracting and subcontracting New GM to explain the difference between contracting and subcontracting maintenance SECTION B — AUTHORITY REQUIREMENTS PROCEDURE FOR COMPETENT AUTHORITIES GM1 145.B.120 Means of compliance New GM, based on GM1 ARO.GEN.120 AMC1 145.B.120(e) Means of compliance New AMC, based on AMC1 ARO.GEN.120(e) AMC1 145.B.200 Management system New AMC, based on current AMC 145.B.10(1) AMC2 145.B.200 Management system New AMC, based on GM1 ARO.GEN.200(a) AMC1 145.B.200(a)(1) Management system New AMC, aligned with AMC1 ARO.GEN.200(a)(1) GM1 145.B.200(a)(2) Management system New GM, based on GM1 ARO.GEN.200(a)(2) AMC1 145.B.200(a)(3) Management system New AMC, based on AMC1 ARO.GEN.200(a)(2) AMC2 145.B.200(a)(3) Management system New AMC, based on the current AMC 145.B.10(3) AMC3 145.B.200(a)(3) Management system New AMC, based on AMC2 ARO.GEN.200(a)(2) AMC1 145.B.200(a)(5) Management system New AMC on safety risk management as part of the management system framework for competent authorities GM1 145.B.200(a)(5) Management system New GM on the same subject AMC1 145.B.200(d) Management system New AMC, based on AMC1 ARO.GEN.200(d) GM1 145.B.205 Allocation of tasks to qualified New GM, based on GM1 ARO.GEN.205 entities AMC1 145.B.220(a) Record-keeping AMC based on AMC1 ARO.GEN.220(a) and the current AMC 145.B.55 AMC1 145.B.220(a)(1) Record-keeping New AMC, based on AMC1 ARO.GEN.220(a)(1);(2);(3) AMC1 145.B.300(a);(b);(c) Oversight principles New AMC, based on GM1 ARO.GEN.300(a);(b);(c) and AMC2 ARO.GEN.300(a);(b);(c) AMC1 145.B.300(f) Oversight principles New AMC on information deemed useful for oversight AMC1 145.B.305(a);(b) Oversight programme New AMC, as proposed in NPA 2013-01(C) AMC1 145.B.305(b) Oversight programme New AMC, based on AMC1 ARO.GEN.305(b);(d);(d1) AMC2 145.B.305(b) Oversight programme New AMC added for determine the need of oversight for subcontracted organisations AMC1 145.B.305(b)(1) Oversight programme New AMC, based on AMC1 ARO.GEN.305(b)(1) AMC1 145.B.305(c) Oversight programme New AMC, based on AMC1 ARO.GEN.305(c) TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Appendices AMC2 145.B.305(c) Oversight programme New AMC, based on AMC2 ARO.GEN.305(c) AMC1 145.B.305(d) Oversight programme New AMC, as proposed in NPA 2013-01(C) AMC1 145.B.310 Initial certification procedure New AMC, based on AMC1 ARO.GEN.310(a) AMC1 145.B.310(a) Initial certification procedure AMC based on the current AMC 145.B.20(3) AMC1 145.B.310(c) Initial certification procedure AMC based on the current AMC 145.B.20(6) AMC2 145.B.310(c) Initial certification procedure AMC based on the current AMC 145.B.20(5) AMC1 145.B.310(d) Initial certification procedure AMC based on the current AMC 145.B.20(6) AMC1 145.B.310(e)(2) Initial certification AMC based on the current AMC 145.B.20(1) and AMC procedure 145.B.25(1) AMC1 145.B.330 Changes — organisations AMC based on AMC1 ARO.GEN.330 and the current AMC 145.B.35 GM1 145.B.330 Changes — organisations New GM, based on GM1 ARO.GEN.330 GM1 145.B.350(b);(c) Findings and corrective GM, based on the current AMC 145.B.50(a) actions AMC1 145.B.355(c) Suspension, limitation and New AMC, as proposed in NPA 2013-01(C) revocation APPENDICES TO AMC TO ANNEX II (PART-145) Appendix I to AMC 145.B.20(1) EASA Form 4 Deleted because EASA Form 4 is not used any more Appendix II to AMC2 145.B.310(c) AMC Update of reference 145.B.20(5) EASA Form 6 Update of reference (Part-M Subpart G is deleted with Opinion Appendix III to AMC 145.A.15 EASA Form 2 No 06/216) Appendix IV to AMC3 145.A.30(e) and See ‘general changes’ AMC2 145.B.200(a)(3) 145.B.10(3) Fuel Ttank Ssafety Ttraining TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 60 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices 7.3. Appendix III — EASA questionnaire In the context of the preparation of the RIA for RMT.0251 Phase II, EASA launched a survey to the competent authorities and industry. The aim of the survey was to gather evidence to support the applicability of SMSs, and to identify where proportionality is needed, as well as to collect data on potential impacts, difficulties and opportunities in the implementation of SMSs. The input supported the analysis of the problem definition and the analysis of the options. The survey was run from 21 December 2017 until 15 February 2018, and it collected specific SMS data related to the design, production and maintenance domains. Some key results of the survey, including a description of the respondents, are as follows: The survey was responded to by 293 organisations [285 organisations with a single or multiple approval(s) and 8 associations/individual representatives] and 11 competent authorities. The organisations that hold multiple approvals were invited to provide a consolidated response, representing all parts of the organisation that hold approvals. The organisations were classified into 12 groups according to their business areas or the approvals they hold. The following provides a more detailed overview of the organisations that replied to the questionnaire, grouped according to Part 21 and Part-145 and the number of employees: Part 21 organisations by product design/manufacture 120 101 100 80 60 45 40 20 14 9 5 3 0 Part and Other aircraft Engine Aircraft ELA 1 Aircraft ELA 2 Propeller appliance (other than ELA 1) Figure 1: Part 21 organisations by product design/manufacture TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 61 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices Part-145 organisations by class rating 120 112 95 100 80 64 56 50 60 44 35 40 19 15 20 7 0 Figure 2: Part-145 organisations by class rating Organisations by company size (number of employees for all activities) no data 501-1000 5% 5% 101-500 18% 51-100 11% 26-50 1-10 13% 18% 11-25 14% >1000 16% Figure 3: Organisations by company size (number of employees for all activities) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 62 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices The following are some of the responses to the survey questions on the implementation of SMSs. Have you already implemented SMS in your company? no reply 6% No 40% No Yes no reply Yes 54% Figure 4: Reply to the question ‘Have you already implemented an SMS in your company?’ Have you already implemented SMS in your company? (answers by group of organisations ) group 13 Other 26 10 group 12 AOC 26 0 group 11 Approved Training Organisation (ATO) 32 1 group 10 Part-147 Maintenance Training… 23 1 group 9 CAMO 56 11 group 8 Part-145 Maintenance organisation 132 76 group 7 Approved Design Organisation (DOA) 82 39 group 6 Approved Production Organisation (POA) 50 45 group 5 Production organisation without Approval 0 1 group 4 Approved Design Organisation (DOA)… 1 1 group 3 Design Organisation with certification… 7 3 group 2 Alternative Procedures to Approved Design… 7 12 group 1 ETSO approval holder (other than APU) 9 6 0 20 40 60 80 100 120 140 Yes No Figure 5: Replies to the question ‘Have you already implemented SMS in your company?’ (Answers by group of organisations) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 63 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices The decision to implement SMS was made due to multiple approvals held by 7% the organisation (e.g. organisation 21% also holding an AOC) other (please specify) 10% on a voluntary basis 41% 21% due to national aviation regulations mandating SMS Figure 6: Reasons for implementing an SMS Breakdown of the organisations that have implemented SMS on a voluntary basis (by type of organisation) group 13 Other 11 group 12 AOC 5 group 11 ATO 14 group 10 Part-147 13 group 9 CAMO 17 group 8 Part-145 39 group 7 DOA 48 group 6 POA 20 group 5 Production organisation without Approval 0 group 4 DOA (Subpart J) ETSO approval holder (for APU) 1 group 3 Design Organisation with certification programme 5 group 2 ADOA 5 group 1 ETSO approval holder (other than APU) 4 0 10 20 30 40 50 60 Figure 7: Implementation of an SMS on a voluntary basis TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 64 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices SMS applicability for Part 21 Regarding Part 21, the first question addressed the applicability of SMSs. The following charts show the answers aggregated by organisations, by groups and by the types of product. In all cases, the majority of respondents believed that some SMS requirements should be imposed on all organisations. The questions also allowed respondents to provide comments in support of their answers. In many cases, respondents that were not in favour of the application of SMSs to all organisations, also included comments that proposed the exclusion of small organisations, especially those that only deal with minor changes or that produce products, parts and appliances under Subpart F. In general, several respondents proposed the application of proportional requirements, and even the definition of a minimum set of common requirements, to encourage organisations to develop safety cultures. The following are some of the comments that were received: — ‘In small companies, informal communication can lead to an equivalent level of safety. However, I would still encourage voluntary adoption. E.g. provide suitable templates that they can use and explanations of benefits.’ — ‘Some applicable SMS elements (e.g. visible management commitment to safety, safety risk assessment or safety promotion to increase safety awareness among staff) should apply to all aviation parties, as we all work together in one aviation network.’ — ‘Safety culture must be in all part of the process.’ In your opinion, are there any organisations/activities/products addressed in Part 21 that should not be subject to any SMS requirements? (answers by Part 21 organisations) no reply 2% Yes 29% No 69% Figure 8: Replies to the question ‘In your opinion, are there any organisations/activities/products addressed in Part 21 that should not be subject to any SMS requirements?’ (Answers by Part 21 organisations) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 65 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices In your opinion, are there any organisations/activities/products addressed in Part 21 that should not be subject to any SMS requirements? (answers by groups of Part 21 organisations) group 7 Approved Design Organisation (DOA) 86 35 group 6 Approved Production Organisation (POA) 66 30 group 5 Production organisation without Approval 1 group 4 Approved Design Organisation (DOA)… 2 group 3 Design Organisation with certification… 8 3 group 2 Alternative Procedures to Approved Design… 13 6 group 1 ETSO approval holder (other than APU) 10 5 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% No Yes Figure 09: Replies to the question ‘In your opinion, are there any organisations/activities/products addressed in Part 21 that should not be subject to any SMS requirements?’ (answers by groups of Part 21 organisations) In your opinion, are there any organisations/activities/products addressed in Part 21 that should not be subject to any SMS requirements? (answers by Part 21 organisations type of product) 0 Propeller 0 3 0 Engine 3 11 2 Other aircraft 18 25 1 Aircraft ELA 2 (other than ELA 1) 3 1 1 Aircraft ELA 1 4 4 2 Part and appliance 28 71 0 10 20 30 40 50 60 70 80 no reply Yes No Figure 10: Replies to the question ‘In your opinion, are there any organisations/activities/products addressed in Part 21 that should not be subject to any SMS requirements?’ (Answers divided by the type of product produced by Part 21 organisations) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 66 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices SMS applicability for Part-145 Given the decision to apply SMSs to Part-145 (see Section 4.1), the questionnaire was developed to collect feedback on the extent of SMSs within Part-145. Figure 11: Replies to question ‘In your opinion, are there any categories of Part-145 organisations that should not be subject to any SMS requirements?’ and the corresponding rationale for the ‘no’ answers. Figure 12: Categories of Part-145 organisations proposed to be excluded from SMS requirements TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 67 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices In your opinion, are there any categories of Part-145 organisations that should not be subject to any SMS requirements? (responses by Part-145 maintenance organisations by class rating) Engines B2 03 16 Engines B3 0 4 11 Engines B1 0 11 33 D1 NDT 2 10 44 C components to be installed on complex motor-powered aircraft (CMPA) 3 23 86 C components to be installed on other than CMPA 4 18 42 Aircraft A4 02 5 Aircraft A3 1 12 22 Aircraft A2 1 18 31 Aircraft A1 3 22 70 0 10 20 30 40 50 60 70 80 90 100 Yes no reply No Figure 13: Replies to the question ‘In your opinion are there any categories of EASA Part-145 organisations that should not be subject to any SMS requirements?’ (Replies by Part-145 Maintenance organisation by class rating.) Opinions of competent authorities The same question regarding the applicability of SMSs was addressed to competent authorities. For Part 21, the distribution of answers and justifications is similar to what was provided by organisations and explained above. In your opinion are there any organisations/activities/products addressed in EASA Part 21 that should not be subject to any SMS requirements? (answers from the competent authorities) No 36% Yes 64% Figure 14: Replies to the question ‘In your opinion, are there any organisations/activities/products addressed in Part 21 that should not be subject to any SMS requirements?’ (Answers from the competent authorities.) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 68 of 69 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (A) 7. Appendices In your opinion, are there any categories of Part-145 organisations that should not be subject to any SMS requirements? (answers from the competent authorities) Yes 27% No 73% Figure 15: Replies to the question ‘In your opinion, are there any categories of Part-145 organisations that should not be subject to any SMS requirements?’ (Answers by the competent authorities) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 69 of 69 An agency of the European Union European Union Aviation Safety Agency Notice of Proposed Amendment 2019-05 (B) Embodiment of safety management system (SMS) requirements into Part-145 and Part 21 RMT.0251 PHASE II EXECUTIVE SUMMARY With reference to Rulemaking Task (RMT).0251 Phase II in EPAS 2019-2023, this Notice of Proposed Amendment (NPA) proposes amendments to Annex I (Part 21) to Regulation (EU) No 748/2012 and Annex II (Part-145) to Regulation (EU) No 1321/2014, in order to: — introduce safety management principles that implement ICAO Annex 19; and — foster an organisational culture for effective safety management and effective occurrence reporting in accordance with Commission Regulation (EU) No 376/2014. Note 1: Phase I of RMT.0251 was limited to the introduction of safety management requirements into Part- CAMO (see Opinion No 06/2016). Note 2: The review of the occurrence reporting system was governed by RMT.0681, but certain additional changes are proposed through this RMT, in light of the principles of ICAO Annex 19, Chapter 5. This NPA proposes to consider the applicability of safety management systems (SMSs) to Part-145 approved maintenance organisations, as well as to production and design organisations that are approved in accordance with Subparts G and J of Part 21. By doing so, safety will be enhanced through: — the establishment of safety policies and objectives that are associated with sufficient resources; — the systematic identification of hazards, and a risk management system; — the safety assurance system, including giving consideration to safety performance; and — safety promotion. This RMT also aims to streamline the procedures for oversight, and introduce a set of new, common management system requirements for competent authorities to increase their efficiency. NPA 2019-05 is divided into three parts. The present NPA 2019-05 (B) includes the draft implementing rules (IRs) as well the draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) for Part 21. NPA 2019-05 (A) includes: — the procedural information pertaining to the regulatory proposal; — the explanatory note to the proposed amendments; — the regulatory impact assessment; and — a detailed summary of the proposed amendments (see Chapter 7 ‘Appendices’). The draft IRs as well as the draft AMC and GM for Part-145 are proposed in NPA 2019-05 (C). Action area: Systemic enablers to safety — safety management Affected rules: Part-145 and Part 21 Affected stakeholders: AMOs (Part-145); POA holders; DOA holders; ETSOA holders; competent authorities Driver: Safety Rulemaking group: No (but Focused Consultation Group) Impact assessment: Full Rulemaking Procedure: Standard 12.7.2017 17.4.2019 2020/Q1 2020/Q3 2020/Q3 TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Page 1 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Table of contents Table of contents Draft cover regulation (EU) xxx/xxx amending Regulation (EU) No 748/2012 (Draft EASA opinion) ................................ 11 Article 1 ........................................................................................................................... 12 Article 2 ........................................................................................................................... 12 Draft Annex (Draft EASA opinion) ................................................. 13 21.1 General Competent authority ........................................................................ 13 SECTION A TECHNICAL REQUIREMENTS ............................................................................. 14 SUBPART A — GENERAL PROVISIONS ............................................................................. 14 21.A.1 Scope........................................................................................................... 14 21.A.3A Failures, malfunctions and defects Occurrence reporting ....................... 14 21.A.5 Record-keeping ........................................................................................... 16 21.A.9 Investigations .............................................................................................. 17 SUBPART B — TYPE CERTIFICATES AND RESTRICTED TYPE CERTIFICATES ...................... 18 21.A.44 Obligations of the holder .......................................................................... 18 21.A.55 Record-keeping ......................................................................................... 18 SUBPART D — CHANGES TO TYPE CERTIFICATES AND RESTRICTED TYPE CERTIFICATES 19 21.A.105 Record-keeping ....................................................................................... 19 21.A.109 Obligations and EPA marking.................................................................. 19 SUBPART E — SUPPLEMENTAL TYPE CERTIFICATES ........................................................ 20 21.A.118A Obligations and EPA marking ............................................................... 20 SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL ...... 21 21.A.124A Alternative means of compliance ......................................................... 21 21.A.125B Findings ................................................................................................. 21 21.A.125C Duration and continued validity ........................................................... 22 21.A.126 Production inspection system ................................................................ 22 21.A.129 Obligations of the manufacturer ............................................................ 24 SUBPART G — PRODUCTION ORGANISATION APPROVAL.............................................. 25 21.A.134A Alternative means of compliance ......................................................... 25 21.A.139 Quality Production management Ssystem ............................................. 25 21.A.143 Exposition................................................................................................ 28 21.A.145 Approval requirements Resources ......................................................... 29 21.A.147 Changes to the approved production management system organisation ................................................................................................................................ 31 21.A.157 Investigations .......................................................................................... 31 21.A.158 Findings ................................................................................................... 31 21.A.159 Duration and continued validity ............................................................. 32 21.A.165 Obligations of the holder ........................................................................ 32 SUBPART H — CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS .............................................................................................................. 35 21.A.180 Inspections .............................................................................................. 35 TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Page 2 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Table of contents 21.A.181 Duration and continued validity ............................................................. 35 SUBPART I — NOISE CERTIFICATES .................................................................................. 36 21.A.210 Inspections .............................................................................................. 36 21.A.211 Duration and continued validity ............................................................. 36 SUBPART J — DESIGN ORGANISATION APPROVAL ......................................................... 37 21.A.239 Design assurance management system.................................................. 37 21.A.243 Data Handbook ....................................................................................... 39 21.A.245 Resources Approval requirements ......................................................... 40 21.A.247 Changes in to the design management assurance system ..................... 41 21.A.257 Investigations .......................................................................................... 41 21.A.258 Findings ................................................................................................... 41 21.A.259 Duration and continued validity ............................................................. 42 21.A.263 Privileges ................................................................................................. 43 21.A.265 Obligations of the holder ........................................................................ 44 SUBPART M — REPAIRS .................................................................................................... 46 21.A.447 Record-keeping ....................................................................................... 46 21.A.451 Obligations and EPA marking.................................................................. 46 SUBPART O — EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS .............. 47 21.A.604 ETSO Aauthorisation for an Aauxiliary Ppower Uunit (APU) .................. 47 21.A.609 Obligations of holders of ETSO authorisations ....................................... 47 21.A.613 Record-keeping ....................................................................................... 47 21.A.615 Inspection by the Agency ........................................................................ 48 21.A.619 Duration and continued validity ............................................................. 48 SUBPART P — PERMIT TO FLY .......................................................................................... 49 21.A.705 Competent authority .............................................................................. 49 21.A.721 Inspections .............................................................................................. 49 21.A.723 Duration and continued validity ............................................................. 49 21.A.729 Record-keeping ....................................................................................... 49 SECTION B PROCEDURES FOR COMPETENT AUTHORITIES .................................................. 51 SUBPART A — GENERAL PROVISIONS .............................................................................. 51 21.B.5 Scope ........................................................................................................... 51 21.B.10 Oversight documentation ......................................................................... 51 21.B.15 Information to EASA ................................................................................. 51 21.B.20 Obligations of the competent authority ................................................... 51 21.B.20 Immediate reaction to a safety problem .................................................. 51 21.B.25 Requirements for the organisation of the competent authority.............. 52 21.B.25 Management system ................................................................................ 52 21.B.30 Documented procedures .......................................................................... 54 21.B.30 Allocation of tasks to qualified entities .................................................... 54 21.B.35 Changes in the management system organisation and procedures ........ 54 21.B.40 Resolution of disputes .............................................................................. 55 21.B.45 Reporting/coordination ............................................................................ 55 21.B.55 Record-keeping ......................................................................................... 55 21.B.65 Suspension, limitation and revocation ..................................................... 57 SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL ........ 58 21.B.115 Alternative means of compliance ........................................................... 58 21.B.120 Investigation............................................................................................ 58 21.B.120 Initial certification procedure ................................................................. 59 TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Page 3 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Table of contents 21.B.125 Findings and corrective actions .............................................................. 60 21.B.130 Issue of letter of agreement ................................................................... 61 21.B.145 Limitation, suspension and revocation of a letter of agreement ........... 62 21.B.150 Record-keeping ....................................................................................... 62 SUBPART G — PRODUCTION ORGANISATION APPROVAL ............................................... 63 21.B.215 Alternative means of compliance ........................................................... 63 21.B.220 Investigation............................................................................................ 63 21.B.220 Initial certification procedure ................................................................. 64 21.B.221 Oversight principles ................................................................................ 65 21.B.222 Oversight programme ............................................................................. 66 21.B.225 Findings and corrective actions .............................................................. 67 21.B.230 Issue of certificate ................................................................................... 69 21.B.235 Continued surveillance ........................................................................... 69 21.B.240 Amendment of a production organisation approval .............................. 69 21.B.240 Changes to a production organisation approval..................................... 70 21.B.245 Suspension and revocation of a production organisation approval ....... 70 21.B.260 Record-keeping ....................................................................................... 71 SUBPART H — AIRWORTHINESS CERTIFICATES AND RESTRICTED CERTIFICATES OF AIRWORTHINESS .............................................................................................................. 72 21.B.330 Suspension and revocation of certificates of airworthiness and restricted certificates of airworthiness .................................................................................. 72 21.B.345 Record-keeping ....................................................................................... 72 SUBPART I — NOISE CERTIFICATES .................................................................................. 73 21.B.430 Suspension and revocation of a noise certificate ................................... 73 21.B.445 Record-keeping ....................................................................................... 73 SUBPART J — DESIGN ORGANISATION APPROVAL .......................................................... 74 21.B.430 Initial certification procedure ................................................................. 74 21.B.431 Oversight principles ................................................................................ 74 21.B.432 Oversight programme ............................................................................. 75 21.B.433 Findings and corrective actions .............................................................. 76 21.B.435 Changes to a design organisation approval ............................................ 78 SUBPART P — PERMIT TO FLY .......................................................................................... 79 21.B.530 Revocation of permits to fly.................................................................... 79 21.B.545 Record-keeping ....................................................................................... 79 APPENDICES TO ANNEX I .................................................................................................. 80 EASA FORMS ..................................................................................................................... 80 Appendix VIII — Aircraft statement of conformity — EASA Form 52 .................... 81 Appendix X — Production organisation approval certificate — EASA Form 55 .... 85 Appendix XI — Letter of agreement for production without production organisation approval — EASA Form 65 ................................................................ 87 Draft AMC & GM to Annex I (Part 21) to Regulation (EU) No 748/2012 (Draft EASA Decision) ............................... 88 GM1 Annex I Definitions ........................................................................................ 88 GM2 Annex I Acronyms.......................................................................................... 90 GM1 21.1 Competent authority ............................................................................. 91 GM1 21.1(c) Competent authority......................................................................... 92 TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Page 4 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Table of contents SECTION A TECHNICAL REQUIREMENTS ............................................................................. 93 SUBPART A — GENERAL PROVISIONS .............................................................................. 93 AMC1 No 1 to 21.A.3A(a)(1) Occurrence reporting Collection, investigation and analysis of data related to Flammability Reduction Means (FRM) Reliability ....... 93 AMC2 No 2 to 21.A.3A(a)(1) Occurrence reporting Collection, investigation and analysis of data related to ETOPS significant occurrences .................................... 93 GM1 21.A.3A(a) and 21.A.3A(b) Occurrence reporting The system for collection, investigation and analysis of data .......................................................................... 94 GM2 21.A.3A(b)(a) and (b) Occurrence reporting ................................................. 94 GM1 21.A.3A(a)(1) and (b)(1) Occurrence reporting ............................................. 94 GM1 21.A.3A(a)(1)(ii) and (b)(1)(i) Occurrence reporting ..................................... 98 AMC1 21.A.3A(b)(2)(d) Occurrence reporting Reporting to the Agency ............... 98 AMC1 21.A.5 Record-keeping ................................................................................ 99 GM1 21.A.5 Record-keeping .................................................................................. 99 AMC1 21.A.5(a) and 21.A.433(a) Record-keeping ............................................... 100 GM1 21.A.5(a) and (b) Record-keeping ............................................................... 101 AMC1 21.A.5(e) Record-keeping .......................................................................... 102 GM1 21.A.9 Investigations ................................................................................... 103 SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL ...... 105 AMC1 No1 to 21.A.122 Eligibility — Link between design and production ......... 105 AMC1 21.A.124 Application ................................................................................. 106 GM 21.A.124(a) Application – Application form .................................................. 107 AMC1 21.A.124A Alternative means of compliance ............................................ 108 GM No 1 to 21.A.158(a) Uncontrolled non-compliance with applicable design data .............................................................................................................................. 108 GM No 2 to 21.A.158(a) Examples of level one findings...................................... 108 GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings .................................. 108 GM 21.A.126(b)(6) Production inspection system – Recording and record keeping .............................................................................................................................. 109 SUBPART G — PRODUCTION ORGANISATION APPROVAL FOR PRODUCTS, PARTS AND APPLIANCES .................................................................................................................... 110 GM 21.A.134 Application – Application form and manner.................................. 110 AMC1 21.A.134 Application ................................................................................. 110 AMC1 21.A.134A Alternative means of compliance ............................................ 111 GM1 21.A.139(c) Production management system ............................................. 112 AMC1 21.A.139(c) Production management system ........................................... 113 AMC1 21.A.139(c)(1) Production management system ...................................... 115 GM1 21.A.139(c)(1) Production management system ........................................ 116 AMC1 21.A.139(c)(2) Production management system ...................................... 116 GM1 21.A.139(c)(2) Production management system ........................................ 116 AMC1 21.A.139(c)(3) Production management system ...................................... 117 AMC1 21.A.139(c)(3) and (4) Production management system .......................... 117 GM1 21.A.139(c)(4)(ii) Production management system .................................... 120 AMC1 21.A.139(c)(4)(ii) Production management system .................................. 121 AMC1 21.A.139(c)(5) Production management system ..................................... 121 GM1 21.A.139(c)(5) Production management system ........................................ 121 AMC1 21.A.139(c)(5)(i) Production management system ................................... 122 GM1 21.A.139(c)(5)(i) Production management system ..................................... 122 AMC1GM No1 to 21.A.139(d)(a) Production management system Quality system .............................................................................................................................. 123 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Page 5 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Table of contents AMC1 GM 21.A.139(d)(2)(b)(1) Production management system Quality System – Elements of the quality system ............................................................................ 124 GM1 No 2 to 21.A.139(d)(1)(a) Production management system Quality System – Conformity of supplied parts or appliances ......................................................... 124 AMC No 1 to 21.A.139(d)(2)(ii)(b)(1)(ii) Production management system Vendor and sub-contractor assessment, audit and control – Production Organisation Approval (POA) holder using documented arrangements with other parties for assessment and surveillance of a supplier. .......................................................... 126 AMC No 2 to 21.A.139(d)(2)(ii) (b)(1)(ii) Production management system Vendor and sub-contractor assessment, audit and control - Production Organisation Approval (POA) holder using other party supplier certification .......................... 128 GM1 21.A.139(d)(2)(ii) Production management system.................................... 130 AMC1 21.A.139(e) Production management system .......................................... 130 AMC1 21.A.139(f) Production management system ........................................... 131 GM No 1 to 21.A.139(b)(2) Quality System – Independent quality assurance function ................................................................................................................ 132 GM1 No 2 to 21.A.139(f)(b)(2) Production management system Quality System – Adequacy of procedures and monitoring function .............................................. 132 GM1 21.A.143 Exposition – Production Organisation Exposition (POE) .............. 132 AMC1 21.A.143(a)(1) Exposition .......................................................................... 133 AMC1 21.A.145(a) Resources ............................................................................... 134 GM1 21.A.145(a) Resources Approval Requirements ......................................... 134 GM1 21.A.145(b)(2) Resources Approval Requirements – Airworthiness, noise, fuel venting and exhaust emissions /production data procedures ..................... 134 AMC1 21.A.145(c)(1) Resources .......................................................................... 135 GM1 21.A.145(c)(1) Resources Approval Requirements – Accountable manager .............................................................................................................................. 135 AMC1 GM 21.A.145(c)(2) Resources Approval Requirements – Responsible managers .............................................................................................................. 136 AMC2 21.A.145(c)(2) Resources .......................................................................... 138 AMC1 21.A.145(d)(1) Resources Approval Requirements – Certifying staff ....... 139 AMC 21.A.145(d)(2) Approval requirements – Record of certifying staff ........... 140 AMC1 21.A.145(d)(2)(3) Resources Approval requirements – Evidence of authorisation ........................................................................................................ 141 AMC1 21.A.147 Changes to the production management system ...................... 141 GM1 21.A.147(a) Changes to the approved production management system organisation — Significant changes ..................................................................... 143 GM1 21.A.149 Transferability .............................................................................. 144 AMC1 21.A.153 Changes to the terms of approval — Application for a change to the terms of approval........................................................................................... 144 GM 21.A.157 Investigations – Arrangements ...................................................... 144 GM No 1 to 21.A.158(a) Uncontrolled non-compliance with applicable design data .............................................................................................................................. 145 GM No 2 to 21.A.158(a) Examples of level one findings...................................... 145 GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings .................................. 146 GM 21.A.165(d) and (h) Obligations of the holder – Recording and archiving system .................................................................................................................. 146 SUBPART J — DESIGN ORGANISATION APPROVAL ........................................................ 148 GM1 21.A.239(c) Design management system .................................................... 148 AMC1 21.A.239(c) Design management system .................................................. 149 AMC1 21.A.239(c)(1) Design management system ............................................. 151 TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Page 6 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Table of contents GM1 21.A.239(c)(1) Design management system ............................................... 152 AMC1 21.A.239(c)(2) Design management system ............................................. 152 GM1 21.A.239(c)(2) Design management system ............................................... 153 AMC1 21.A.239(c)(3) and (4) Design management system ................................. 154 AMC1 21.A.239(c)(3) Design management system - ........................................... 155 AMC1 21.A.239(c)(4)(ii) Design management system ......................................... 156 GM1 21.A.239(c)(4)(ii) Design management system ........................................... 157 AMC1 21.A.239(c)(5) Design management system ............................................. 157 GM1 21.A.239(c)(5) Design management system ............................................... 158 AMC1 21.A.239(c)(5)(i) Design management system .......................................... 158 GM1 21.A.239(c)(5)(i) Design management system ............................................ 159 GM No 1 to 21.A.239(d)(a) Design assurance management system ................... 159 AMC1 21.A.239(d) Design management system ................................................. 165 AMC2 GM No 2 to 21.A.239(d)(a) Design management system Design assurance system for minor changes to type design or minor repairs to products ............. 171 AMC 21.A.239(a)(3) Design assurance system – Independent system monitoring .............................................................................................................................. 171 AMC1 21.A.239(d)(2)(b) Design management assurance system - Independent checking function of the demonstration of compliance ...................................... 171 GM1 21.A.239(d)(3)(c) Design management system Design assurance system.. 172 AMC1 21.A.239(e) Design management system ................................................. 172 AMC1 21.A.239(f) Design management system .................................................. 173 AMC1 No 1 to 21.A.243(a) Data requirements Handbook .................................. 173 AMC2 No 2 to 21.A.243(a) Data requirements – Model content of handbook for organisations designing minor changes to type design or minor repairs to products Handbook.............................................................................................. 176 AMC1 21.A.243(d) Handbook .............................................................................. 177 GM1 No 1 to 21.A.243(d) Handbook Statement of qualifications and experience .............................................................................................................................. 178 GM No AMC2 to 21.A.243(d) Handbook Data requirements – – Statement of the qualification and experience – Organisations designing minor changes to type design or minor repairs to products .................................................................... 181 AMC GM No 1 to 21.A.245 Requirements for approval Resources ..................... 182 AMC GM No 2 to 21.A.245 Resources Requirements for approval – Organisations designing minor changes to type design or minor repairs to products ............... 183 AMC1 21.A.245(a) Resources ............................................................................... 184 AMC1 21.A.245(b) Resources............................................................................... 185 AMC2 21.A.245(b) Resources............................................................................... 186 AMC1 21.A.247 Changes to the design management system ............................. 187 GM1 21.A.247 Changes to in the design management assurance system .......... 187 GM 21.A.257(a) Investigations ............................................................................. 189 GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings .................................. 189 SUBPART M — REPAIRS .................................................................................................. 190 AMC 21.A.433(a) and 21.A.447 Repair design and record keeping ..................... 190 SUBPART P — PERMIT TO FLY ........................................................................................ 191 GM 21.A.705 Competent authority ..................................................................... 191 SECTION B PROCEDURES FOR COMPETENT AUTHORITIES ................................................ 192 SUBPART A — GENERAL PROVISIONS ............................................................................ 192 GM 21.B.20 Responsibility for implementation................................................... 192 AMC1 21.B.25 Management system.................................................................... 192 TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Page 7 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Table of contents AMC2GM 21.B.25(a) Organisation Management system .................................... 193 GM 21.B.25(b) Resources..................................................................................... 194 GM 21.B.25(c) Qualification and training ............................................................ 195 AMC1 21.B.25(a)(1) Management system ........................................................... 195 GM1 21.B.25(a)(2) Management system ............................................................. 196 AMC1 21.B.25(a)(3) Management system ........................................................... 198 AMC2 21.B.25(a)(3) Management system ........................................................... 198 AMC3 21.B.25(a)(3) Management system ........................................................... 199 AMC1 21.B.25(a)(5) Management system ........................................................... 200 GM1 21.B.25(a)(5) Management system ............................................................. 201 AMC1 21.B.25(d) Management system ............................................................... 202 AMC 21.B.30(a) Documented procedures ........................................................... 203 GM1 21.B.30 Allocation of tasks to qualified entities .......................................... 203 AMC 21.B.35(a) Changes ...................................................................................... 204 GM No 1 to 21.B.45 Co-ordination with other related activities ......................... 204 GM No 2 to 21.B.45 Co-ordination ...................................................................... 204 GM No 3 to 21.B.45 Reporting – Information relevant to registers established by the Agency............................................................................................................ 205 AMC1 21.B.55(a) Record-keeping ........................................................................ 205 AMC1 21.B.55(a)(1) Record-keeping.................................................................... 205 GM1 21.B.55 Record-keeping .............................................................................. 206 GM1 21.B.55(e) Record-keeping .......................................................................... 207 AMC1 21.B.65 Suspension, limitation and revocation......................................... 207 AMC1 21.B.65(c) Suspension, limitation and revocation..................................... 208 GM1 21.B.65 Suspension, limitation and revocation........................................... 208 SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL ...... 209 GM1 21.B.115 and 21.B.215 Alternative means of compliance .......................... 210 AMC1 21.B.115(d) and 21.B.215(d) Alternative means of compliance ............... 210 AMC1 21.B.120(a) Initial certification procedure ................................................ 210 AMC2 21.B.120(a) Initial certification procedure Investigation team – Qualification criteria for the investigation team members ................................. 211 AMC3 21.B.120(a)(c)(1) Initial certification procedure........................................ 211 AMC4 GM 21.B.120(a)(c)(3) Initial certification procedure Investigation preparation and planning..................................................................................... 214 GM1 21.B.120(c)(5) and (6) Initial certification procedure Auditing and investigation findings ........................................................................................... 215 AMC1 21.B.120(d) Initial certification procedure ................................................ 215 GM1 21.B.125(a) 21.B.125(b), 21.B.225(b) and 21.B430(b) Findings and corrective actions Objective evidence .................................................................................. 215 GM1 21.B.125(b) Findings and corrective actions ............................................... 216 GM1 21.B.125(b)(1) and 21.B.225(b)(1) Findings and corrective actions ........... 216 AMC1 21.B.125(d) Findings and corrective actions ..................................... 216 AMC 21.B.130 Issue of the letter of agreement .................................................. 216 GM 21.B.130(b) Issue of the letter of agreement ................................................ 217 AMC1 21.B.140 Amendment of a letter of agreement ........................................ 217 GM 21.B.150(d) Record keeping – Traceability of release certificates ................ 217 SUBPART G — PRODUCTION ORGANISATION APPROVAL ............................................. 218 GM1 21.B.115 and 21.B.215 Alternative means of compliance .......................... 218 AMC1 21.B.115(d) and 21.B.215(d) Alternative means of compliance ............... 218 AMC1 21.B.220 and 21.B.221 Initial certification procedure .............................. 218 AMC1 21.B.220 and 21.B.430 Initial certification procedure ............................. 219 TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Page 8 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Table of contents AMC1 GM No 1 to 21.B.220(c) Procedures for investigation– Investigation preparation and planning Initial certification procedure ................................... 219 AMC2GM 21.B.220(a) Initial certification procedure Investigation team ........... 220 AMC 21.B.220(c) Procedures for investigation – Evaluation of applications ...... 221 GM1 No 2 to 21.B.220(c) Initial certification procedure Procedures for investigation — GeneralROCEDURES FOR INVESTIGATION ................................. 222 GM2 No 3 to 21.B.220(c) Initial certification procedure - Procedures for investigation – POA applications received from organisations with facilities/partners/ suppliers/sub-contractors located in a third country ........... 244 GM3 No 4 to 21.B.220(c) Initial certification procedure Procedures for investigation — Competent authority surveillance of suppliers of a POA holder located in other Member States .......................................................................... 246 AMC1 21.B.220(d)(1) Initial certification procedure............................................ 252 AMC1 21.B.221(a), (b) and (c) Oversight principles ............................................. 253 AMC1 21.B.222 and 21.B.432 Oversight programme .......................................... 253 GM1 21.B.222(a) Oversight programme.............................................................. 254 AMC1 21.B.222(b) and 21.B.432(b) Oversight programme ................................. 254 AMC2 21.B.222(b) and 21.B.432(b) Oversight programme ................................. 254 GM1 21.B.222(b) Oversight programme ............................................................. 255 AMC1 21.B.222(b)(1) Oversight programme ....................................................... 255 GM1 21.B.222(b)(1)(ii) Oversight programme ..................................................... 255 AMC1 21.B.222(c) Oversight programme ............................................................ 256 AMC1 21.B.222(c) and 21.B.432(c) Oversight programme .................................. 257 AMC1 21.B.222(d) Oversight programme............................................................ 258 GM1 21.B.225(a) 21.B.125(b), 21.B.225(b) and 21.B430(b) Findings and corrective actions Objective evidence .................................................................................. 258 GM1 21.B.125(b)(1) and 21.B.225(b)(1) Findings and corrective actions ........... 258 AMC1 21.B.225(d)(a) Findings and corrective actions Notification of findings ... 258 AMC No 1 to 21.B.230 Issue of the certificate ..................................................... 259 GM 21.B.235(a)(4) Guide to the conduct of monitoring production standards. . 259 GM 21.B.235(b) Maintenance of the POA - Work allocation within the competent authority............................................................................................................... 260 GM 21.B.235(b) and (c) Continued surveillance .................................................. 261 AMC 21.B.235(c) Continuation of POA ................................................................ 261 AMC1 No 1 to 21.B.240 Changes to a production organisation approval Application for significant changes or variation of scope and terms of the POA 261 GM 21.B.245 Continued validity .......................................................................... 264 AMC 21.B.245 Corrective action plan .................................................................. 265 SUBPART J — DESIGN ORGANISATION APPROVAL ........................................................ 266 AMC1 21.B.220 and 21.B.430 Initial certification procedure ............................. 266 AMC1 21.B.430 and 21.B.431 Initial certification procedure .............................. 266 AMC1 21.B.430(a) Initial certification procedure ................................................ 267 AMC1 21.B.430(d)(1) Initial certification procedure............................................ 267 AMC1 21.B.431(a), (b) and (c) Oversight principles ............................................. 268 AMC1 21.B.222 and 21.B.432 Oversight programme .......................................... 268 AMC1 21.B.222(b) and 21.B.432(b) Oversight programme ................................. 268 AMC2 21.B.222(b) and 21.B.432(b) Oversight programme ................................. 269 AMC1 21.B.432(b)(1) Oversight programme ....................................................... 269 AMC1 21.B.432(c) Oversight programme ............................................................ 269 AMC2 21.B.222(c) and 21.B.432(c) Oversight programme.................................. 270 AMC1 21.B.432(d) Oversight programme ........................................................... 270 TE.RPRO.00034-009 © European Union Aviation Safety Agency. 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Page 10 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 Proposed amendments to Part 21 The text of the amendment is arranged to show deleted text, new or amended text as shown below: — deleted text is struck through; — new or amended text is highlighted in grey; — text proposed to be added or amended by Opinion No 07/2016, whose adoption by the European Commission is pending, is highlighted in blue; — an ellipsis ‘[…]’ indicates that the rest of the text is unchanged. Important note: ‘easy-to-read document’ Under each modified requirement (i.e. implementing rules), the blue underlined AMC or GM, when also modified, can be accessed through the associated hyperlinks [press Ctrl and click]. In order to return to the previous view (i.e. initial text), please use [press Alt + left arrow]. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 11 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 Draft cover regulation (EU) xxx/xxx amending Regulation (EU) No 748/2012 (Draft EASA opinion) Article 1 Annex I (Part 21) to Commission Regulation (EU) No 748/2012 is amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from [2 years after the entry into force of this Regulation]. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 12 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 Draft Annex (Draft EASA opinion) [Note: related AMC/GM: — GM1 Annex I Definitions — GM2 Annex I Acronyms] 21.1 General Competent authority For the purpose of this Annex I (Part 21), the ‘competent authority’ shall be: (a) for Section A, Subparts B, D, E, J, K, M, O, and Q, EASA; (b) for Section A, Subparts F, G, H, and I: (a1) for organisations having that have their principal place of business in a Member State, the authority designated by that Member State; or the Agency EASA if so requested by that Member State; or (b2) for organisations having that have their principal place of business in a non-member State third country, the Agency EASA. (c) for Section A, Subpart P: (1) for registered aircraft, the authority designated by the Member State of registry; (2) for unregistered aircraft, the authority designated by the Member State which prescribed the identification marks. [Note: related AMC/GM: — GM1 21.1 Competent authority — GM1 21.1(c) Competent authority] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 13 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SECTION A TECHNICAL REQUIREMENTS SUBPART A — GENERAL PROVISIONS 21.A.1 Scope This Section Subpart establishes general provisions governing the rights and obligations of the applicant for, and holder of, any certificate issued or to be issued in accordance with this Section Annex. 21.A.3A Failures, malfunctions and defects Occurrence reporting (a) System for Collection, Investigation and Analysis of Data The holder of Without prejudice to Regulation (EU) No 376/2014, all natural or legal persons who hold or who have applied for a type-certificate type certificate, restricted type certificate type-certificate, supplemental type certificate type-certificate, European Technical Standard Order (ETSO) authorisation, major repair design approval or any other relevant approval deemed to have been issued under this Regulation Annex shall: (1) have establish and maintain a system for collecting, investigating and analysing mandatory and voluntary occurrence reports in order to identify any adverse trends or to address any deficiencies, and to extract reportable occurrences. The system shall include: (i) reports of and information related to failures, malfunctions, defects or other occurrences which cause or might cause adverse effects on the continuing airworthiness of the product, part or appliance covered by the type certificate type-certificate, restricted type certificate type-certificate, supplemental type certificate type-certificate, ETSO authorisation, major repair design approval or any other relevant approval deemed to have been issued under this Annex Regulation.; and (ii) internal errors, near misses, and hazards that do not fall under point (i). (2) Information about this system shall be made available to all make available to known operators of the product, part or appliance and, on request, to any person authorised under other associated implementing Regulations, the information about the system established in accordance with point (a)(1), and on how to provide such reports of and information related to failures, malfunctions, defects or other occurrences. (b3) Reporting to the Agency The holder of a type-certificate, restricted type-certificate, supplemental type-certificate, ETSO authorisation, major repair design approval or any other relevant approval deemed to have been issued under this Regulation shall report to the Agency EASA any failure, malfunction, defect or other occurrence of which it is aware related to a product, part, or appliance covered by the type certificate type-certificate, restricted type certificate type-certificate, supplemental type certificate type-certificate, ETSO TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 14 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 authorisation, major repair design approval or any other relevant approval deemed to have been issued under this Annex Regulation, and which has resulted in or may result in an unsafe condition, in accordance with Commission Implementing Regulation (EU) 2015/1018. (b) Without prejudice to Regulation (EU) No 376/2014, all natural or legal persons who hold or have applied for a production approval under Subpart G, or who produce a product, part or appliance under Subpart F, shall: (1) establish and maintain a system for collecting and assessing internal mandatory and voluntary occurrence reports, including reports on internal errors, near misses, and hazards, in order to identify any adverse trends or to address any deficiencies, and extract reportable occurrences. This system shall include the evaluation of relevant information related to occurrences, and the promulgation of the related information; (2) report to the holder of the type certificate, restricted type certificate or design approval, all cases in which products, parts or appliances have been released by the production organisation and subsequently identified to have deviations from the applicable design data, and investigate with the holder of the type certificate, restricted type certificate or design approval to identify those deviations which could lead to an unsafe condition, in accordance with Commission Implementing Regulation (EU) 2015/1018; (3) report to EASA and the competent authority of the Member State the deviations which could lead to an unsafe condition that were identified according to point (2); (4) if the production organisation acts as a supplier to another production organisation, also report to that other organisation all cases in which it has released products, parts or appliances to that organisation and subsequently identified them to have possible deviations from the applicable design data. (2c) The These reports defined in points (a) and (b) shall appropriately safeguard the confidentiality of the reporter and of the persons mentioned in the report and be made in a form and manner established by the competent authority Agency, as soon as practicable and in any case dispatched not later than 72 hours after the identification of the possible unsafe condition, unless exceptional circumstances prevent this. (c) Investigation of Reported Occurrences (d1.) Without prejudice to Regulation (EU) No 376/2014, if When an occurrence reported under point (b) point (a)(3), or under point (b)(3) points 21.A.129(f)(2) or 21.A.165(f)(2) results from a deficiency in the design, or a manufacturing production deficiency, the holder of the type certificate type-certificate, restricted type certificate type-certificate, supplemental type certificate type-certificate, major repair design approval, ETSO authorisation, or any other relevant approval deemed to have been issued under this Annex Regulation, or the production organisation manufacturer as appropriate, shall investigate the reason for the deficiency and report to the Agency EASA and to the competent authority of the Member State the results of its investigation and any action it is taking or proposes to take to correct that deficiency. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 15 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (2.e) If the Agency competent authority finds that an action is required to correct the deficiency, the holder of the type certificate type-certificate, restricted type certificate type-certificate, supplemental type certificate type-certificate, major repair design approval, ETSO authorisation, or any other relevant approval deemed to have been issued under this Annex Regulation, or the production organisation manufacturer as appropriate, shall submit the relevant data to the Agency competent authority. [Note: related AMC/GM: — AMC1 21.A.3A(a)(1) Occurrence reporting — AMC2 21.A.3A(a)(1) Occurrence reporting — GM1 21.A.3A(a) and 21.A.3A(b) Occurrence reporting — GM2 21.A.3A(b)(a) and (b) Occurrence reporting — GM1 21.A.3A(a)(1) and (b)(1) Occurrence reporting — GM1 21.A.3A(a)(1)(ii) and (b)(1)(i) Occurrence reporting — AMC1 21.A.3A(b)(2)(d) Occurrence reporting] 21.A.5 Record-keeping All natural or legal persons who hold or who have applied for a type certificate, restricted type certificate, supplemental type certificate, ETSO authorisation, major repair design approval, permit to fly, production organisation approval or letter of agreement under this Annex shall: (a) when designing a product, part or appliance or changes or repairs to them, maintain relevant design information/data, and retain them at the disposal of EASA in order to provide the information necessary to ensure their continued airworthiness, the continued validity of the operational suitability data, and continued compliance with the applicable environmental protection requirements; (b) when producing a product, part or appliance: (1) maintain the relevant records produced under the production system that was used to justify the conformity of the products, parts or appliances, and retain them in order to provide the information necessary to ensure the continued airworthiness of the product, part or appliance; (2) for production organisations approved in accordance with Subpart G, record all details of the work carried out and establish a record-keeping system that incorporates the requirements imposed on its partners, suppliers and subcontractors, and ensures the conservation of the data used to justify the conformity of the products, parts or appliances. This data shall be held at the disposal of the competent authority and be retained in order to provide the information necessary to ensure the continuing airworthiness of the products, parts or appliances; and (c) with regard to permits to fly: (1) maintain documents produced to establish and justify the flight conditions, and retain them at the disposal of EASA and the competent authority in order to provide the information necessary to ensure the continued airworthiness of the aircraft; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 16 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (2) when issuing a permit to fly under the privilege of approved organisations, maintain the documents associated with it, including inspection records, documents that support the approval of flight conditions and the permit to fly itself, retain them at the disposal of EASA or the competent authority, and in order to provide the information necessary to ensure the continued airworthiness of the aircraft; (d) retain records of competence and the qualifications of personnel who are involved in design or production, in independent monitoring of compliance and adequacy, and in safety management if required by points 21.A.139, 21.A.145, 21.A.239 or 21.A.245; and (e) when employing personnel who exercise the privileges of the approved organisation according to points 21.A.163 or 21.A.263, or who carry out the independent monitoring of compliance and adequacy according to points 21.A.139(f) and 21.A.239(f), retain the records of their authorisation. [Note: related AMC/GM: — AMC1 21.A.5 Record-keeping — GM1 21.A.5 Record-keeping — AMC1 21.A.5(a) and 21.A.433(a) Record-keeping — GM1 21.A.5(a) and (b) Record-keeping — AMC1 21.A.5(e) Record-keeping] 21.A.9 Investigations (a) All organisations who hold or who have applied for a type certificate, restricted type certificate, supplemental type certificate, ETSO authorisation, major repair design approval, permit to fly, design organisation approval, production organisation approval or letter of agreement under this Annex, shall make arrangements that allow the competent authority to make any investigations, including investigations of partners, supplier and subcontractors, that are necessary to determine the compliance and the continued compliance of the organisation with the applicable requirements of this Annex. (b) Design and production organisations and applicants for, or holders of, permits to fly or ETSO authorisations shall allow the competent authority to review any report and make any inspection and perform or witness any test that is necessary to check the compliance of the organisation with this Annex, and to inspect the technical data files. [Note: related AMC/GM: — GM1 21.A.9 Investigations] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 17 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART B — TYPE CERTIFICATES AND RESTRICTED TYPE CERTIFICATES 21.A.44 Obligations of the holder Each holder of a type-certificate type certificate or restricted type certificate type-certificate shall: (a) undertake the obligations laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.55, 21.A.5, 21.A.9, 21.A.57, 21.A.61 and 21.A.62; and, for this purpose, shall continue to meet the qualification requirements for eligibility under point 21.A.14; and (b) specify the marking in accordance with Subpart Q. 21.A.55 Record-keeping All relevant design information, drawings and test reports, including inspection records for the product tested, shall be held by the type-certificate or restricted type-certificate holder at the disposal of the Agency and shall be retained in order to provide the information necessary to ensure the continued airworthiness, continued validity of the operational suitability data and compliance with applicable environmental protection requirements of the product. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 18 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART D — CHANGES TO TYPE CERTIFICATES AND RESTRICTED TYPE CERTIFICATES 21.A.105 Record-keeping For each change, all relevant design information, drawings and test reports, including inspection records for the changed product tested, shall be held by the applicant at the disposal of the Agency and shall be retained in order to provide the information necessary to ensure the continued airworthiness, continued validity of the operational suitability data and compliance with applicable environmental protection requirements of the changed product. 21.A.109 Obligations and EPA marking The holder of a minor change approval to a type certificate type-certificate shall: (a) undertake the obligations laid down in points 21.A.4, 21.A.105, 21.A.5, 21.A.9, 21.A.107 and 21.A.108; and (b) specify the marking, including EPA (European Part Approval) letters, in accordance with point 21.A.804(a). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 19 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART E — SUPPLEMENTAL TYPE CERTIFICATES 21.A.118A Obligations and EPA marking Each holder of a supplemental type certificate type-certificate shall: (a) undertake the obligations: (1). laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.105, 21.A.5, 21.A.9, 21.A.119, 21.A.120A and 21.A.120B; (2). implicit in the collaboration with the type certificate type-certificate holder under point 21.A.115(d)(2); and for this purpose continue to meet the criteria of point 21.A.112B; (b) specify the marking, including EPA letters, in accordance with point 21.A.804(a). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 20 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL 21.A.124A Alternative means of compliance (a) Alternative means of compliance to the AMC adopted by EASA may be used by an organisation to establish compliance with Regulation (EU) 2018/11391 and the delegated and implementing acts adopted on the basis thereof. (b) If an organisation wishes to use an alternative means of compliance, it shall, prior to implementing it, provide the competent authority with a full description of the alternative means of compliance. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment that demonstrates compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. The organisation may implement these alternative means of compliance subject to prior approval by the competent authority, and upon receipt of the notification. [Note: related AMC/GM:  AMC1 21.A.124A Alternative means of compliance] 21.A.125B Findings (a) When objective evidence is found showing non-compliance of the holder of a letter of agreement with the applicable requirements of this Annex I (Part 21), the finding shall be classified as follows: 1. a level one finding is any non-compliance with this Annex I (Part 21) which could lead to uncontrolled non-compliances with applicable design data and which could affect the safety of the aircraft; 2. a level two finding is any non-compliance with this Annex I (Part 21) which is not classified as level one. (b) A level three finding is any item where it has been identified, by objective evidence, to contain potential problems that could lead to a non-compliance under point (a). (ca) After receipt of notification of findings issued by the competent authority according to point 21.B.125: (1). in case of a level 1 one or level 2 finding, the holder of the letter of agreement shall demonstrate corrective action to the satisfaction of the competent authority that it has taken adequate corrective action within the time period set by the competent authority in accordance with point 21.B.125 within a period of no more than 21 working days after written confirmation of the finding; 2. in case of level two findings, the corrective action period granted by the competent authority shall be appropriate to the nature of the finding but in any case initially shall 1 Or EASA if EASA is the competent authority. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 21 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 not be more than three months. In certain circumstances and subject to the nature of the finding, the competent authority may extend the three months period subject to the provision of a satisfactory corrective action plan agreed by the competent authority; (2). a level 3 three finding shall not require immediate action by the holder of the letter of agreement. (db) In case of level 1 one or level 2 two findings, the letter of agreement may be subject to a partial or full limitation, suspension and revocation under point 21.B.65 21.B.145. The In that case, the holder of the letter of agreement shall provide confirmation of the receipt of the notice of limitation, suspension or revocation of the letter of agreement in a timely manner. [Note: related AMC/GM:  GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings] 21.A.125C Duration and continued validity (a) The letter of agreement shall be issued for a limited duration not exceeding one year. It shall remain valid unless: (1.) the holder of the letter of agreement fails to demonstrate compliance with the applicable requirements of this Annex Subpart; or (2) the competent authority is prevented by the holder or any of its partners or subcontractors from performing the investigations in accordance with point 21.A.9; (32.) there is evidence that the production organisation manufacturer cannot maintain satisfactory control of the manufacture of products, parts, or appliances under the agreement; or (43.) the production organisation manufacturer no longer meets the requirements of point 21.A.122; or (54.) the letter of agreement has been surrendered, revoked under point 21.B.145, 21.B.65, surrendered or has expired. (b) Upon surrender, revocation or expiry, the letter of agreement shall be returned to the competent authority. 21.A.126 Production inspection system (a) The production inspection system required under point 21.A.125A(a) shall provide a means for determining whether: (1). incoming materials, and bought or subcontracted parts, used in the finished product are as specified in the applicable design data; (2). incoming materials, and bought or subcontracted parts, are properly identified; (3). processes, manufacturing techniques and methods of assembly affecting the quality and safety of the finished product are accomplished in accordance with specifications accepted by the competent authority; and TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 22 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (4). design changes, including material substitutions, have been approved under Subpart D or E and controlled before being incorporated in the finished product. (b) The production inspection system required by point 21.A.125A(a), shall also be such as to ensure that: (1). parts in process are inspected for conformity with the applicable design data at points in production where accurate determinations can be made; (2). materials subject to damage and deterioration are suitably stored and adequately protected; (3). current design drawings are readily available to manufacturing and inspection personnel, and used when necessary; (4). rejected materials and parts are segregated and identified in a manner that precludes installation in the finished product; and (5). materials and parts that are withheld because of departures from design data or specifications, and that are to be considered for installation in the finished product, are subjected to an approved engineering and manufacturing review procedure. Those materials and parts determined by this procedure to be serviceable shall be properly identified and reinspected if rework or repair is necessary. Materials and parts rejected by this procedure shall be marked and disposed of to ensure that they are not incorporated in the final product.; 6. records produced under the production inspection system are maintained, identified with the completed product or part where practicable, and retained by the manufacturer in order to provide the information necessary to ensure the continued airworthiness of the product. [Note: related AMC/GM:  GM 21.A.126 Production inspection system (unchanged)  GM 21.A.126(a)(1) Production inspection system —Conformity of supplied parts, appliances and material (unchanged)  GM 21.A.126(a)(2) Production inspection system — Identification of incoming materials and parts (unchanged)  GM No 1 to 21.A.126(a)(3) Production inspection system — List of specifications (unchanged)  GM No 2 to 21.A.126(a)(3) Production inspection system — Means of checking of the production processes (unchanged)  GM 21.A.126(a)(4) Production inspection system — Applicable design/production data procedures (unchanged)  GM 21.A.126(b)(1) Production inspection system — Inspection of parts in process (unchanged) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 23 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21  GM 21.A.126(b)(2) Production inspection system — Suitable storage and protection (unchanged)  GM 21.A.126(b)(3) Production inspection system — Use of derived data instead of original design data (unchanged)  GM 21.A.126(b)(4) Production inspection system — Segregation of rejected material (unchanged)  GM 21.A.126(b)(5) Production inspection system — Engineering and manufacturing review procedure (unchanged)  GM 21.A.126(b)(6) Production inspection system — Recording and record keeping (moved to GM1 21.A.5(a) and (b))] 21.A.129 Obligations of the manufacturer Each organisation producing manufacturer of a product, part or appliance being manufactured under this Subpart shall: (a) make each product, part or appliance available for inspection by the competent authority; (b) maintain at the place of manufacture the technical data and drawings necessary to determine whether the product conforms to the applicable design data; (c) maintain the production inspection system that ensures that each product conforms to the applicable design data and is in condition for safe operation; (d) provide assistance to the holder of the type certificate type-certificate, restricted type certificate type-certificate or design approval in dealing with any continuing airworthiness actions that are related to the products, parts or appliances that have been produced; and (e) comply with Subpart A of this Annex. establish and maintain an internal occurrence reporting system in the interest of safety, to enable the collection and assessment of occurrence reports in order to identify adverse trends or to address deficiencies, and to extract reportable occurrences. This system shall include evaluation of relevant information relating to occurrences and the promulgation of related information; (f) 1. report to the holder of the type-certificate, restricted type-certificate or design approval, all cases where products, parts or appliances have been released by the manufacturer and subsequently identified to have deviations from the applicable design data, and investigate with the holder of the type-certificate, restricted type-certificate or design approval to identify those deviations which could lead to an unsafe condition; 2. report to the Agency and the competent authority of the Member State the deviations which could lead to an unsafe condition identified according to point (1). Such reports shall be made in a form and manner established by the Agency under point 21.A.3A(b)(2) or accepted by the competent authority of the Member State; 3. where the manufacturer acts as supplier to another production organisation, report also to that other organisation all cases where it has released products, parts or TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 24 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 appliances to that organisation and subsequently identified them to have possible deviations from the applicable design data. [Note: related AMC/GM:  GM 21.A.129(a) Availability for inspection by the competent authority (unchanged)  AMC No 1 to 21.A.129(c) Obligations of the manufacturer — Conformity of prototype models and test specimens (unchanged)  AMC No 2 to 21.A.129(c) Obligations of the manufacturer —Conformity with Applicable Design Data (unchanged)  AMC No 3 to 21.A.129(c) Obligations of the manufacturer condition for safe operation (unchanged)] SUBPART G — PRODUCTION ORGANISATION APPROVAL 21.A.134A Alternative means of compliance (a) Alternative means of compliance to the AMC adopted by EASA may be used by an organisation to establish compliance with Regulation (EU) 2018/11391 and the delegated and implementing acts adopted on the basis thereof. (b) If an organisation wishes to use an alternative means of compliance, it shall, prior to implementing it, provide the competent authority with a full description of the alternative means of compliance. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment that demonstrates compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. The organisation may implement these alternative means of compliance subject to prior approval by the competent authority, and upon receipt of the notification. [Note: related AMC/GM:  AMC1 21.A.134A Alternative means of compliance] 21.A.139 Quality Production management Ssystem (a) The production organisation shall establish, implement, and maintain a production management system that includes a safety management system and a quality system with clear lines of responsibility and accountability throughout the organisation demonstrate that it has established and is able to maintain a quality system. (b) The production management system shall: (1) correspond to the size of the organisation, and to the nature and complexity of its activities, taking into account the hazards and associated risks inherent in these activities; and 1 Or EASA if EASA is the competent authority. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 25 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (2) be established under the direct accountability of a single accountable manager according to point 21.A.145(c)(1). (c) As part of the safety management element of the production management system, the production organisation shall: (1) establish, implement and maintain a safety policy and the corresponding related safety objectives; (2) appoint key safety personnel to execute the safety policy in accordance with point 21.A.145(c)(2); (3) establish, implement and maintain a safety risk management process that includes: (i) hazard identification in all domains of the organisation and its production activities, resulting from analysis of the occurrences collected according to point 21.A.3A; and (ii) safety risk assessment and mitigation; (4) establish, implement and maintain a safety assurance process that includes: (i) the measurement and monitoring of safety performance; (ii) the management of changes in accordance with points 21.A.143(b) and 21.A.147; and (iii) principles for continuous improvement of the safety management system; (5) promote safety in the organisation through: (i) training and education; and (ii) communication. (d) As part of the quality management element of the production management system, the production organisation shall: (1) The quality system shall be documented. This quality system shall be such as to enable the organisation to ensure that each product, part or appliance produced by the organisation or by its partners, or supplied from or subcontracted to outside parties, conforms to the applicable design data and is in condition for safe operation, and thus exercise the privileges set forth as defined in point 21.A.163. (2b) The quality system shall contain establish, implement, and maintain, as applicable, within the scope of approval, control procedures for: (i) document issue, approval, or change; (ii) vendor and subcontractor assessment audit and control; (iii) verification that incoming products, parts, materials, and equipment, including items supplied new or used by buyers of products, are as specified in the applicable design data; (iv) identification and traceability; (v) manufacturing processes; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 26 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (vi) inspection and testing, including production flight tests; (vii) calibration of tools, jigs, and test equipment; (viii) non-conforming item control; (ix) airworthiness coordination with the applicant for, or holder of, the design approval; (x) records the completion and retention of records; (xi) personnel the competence and qualification qualifications of personnel; (xii) the issue of airworthiness release documents; (xiii) handling, storage and packing; (xiv) internal quality audits and the resulting corrective actions; (xv) work within the terms of approval performed at any location other than the approved facilities; (xvi) work carried out after the completion of production but prior to delivery, to maintain the aircraft in a condition for safe operation; (xvii) issue issuance of permit to fly and approval of associated flight conditions. (3) The control procedures need to include specific provisions for any critical parts in the control procedures for any critical parts. (e) The production organisation shall document, in accordance with point 21.A.143, all the key processes of the production management system, and maintain a process for: (1) amending that documentation; and (2) making personnel aware of their responsibilities under the production management system. (f) The production organisation shall include in the production management system An independent quality assurance function to monitor monitoring of compliance with, and the adequacy of, the production management system and its documented procedures of the quality system. This monitoring shall include a feedback system to the person or group of persons referred to in point 21.A.145(c)(2) and ultimately to the manager referred to in point 21.A.145(c)(1) to ensure, as necessary, corrective action. (g) If the organisation holds other organisation certificates issued on the basis of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, the production organisation may integrate the production management system with the management system that is required for the issuance of the other certificate(s). [Note: related AMC/GM: — GM1 21.A.139(c) Production management system — AMC1 21.A.139(c) Production management system — AMC1 21.A.139(c)(1) Production management system — GM1 21.A.139(c)(1) Production management system — AMC1 21.A.139(c)(2) Production management system TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 27 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 — GM1 21.A.139(c)(2) Production management system — AMC1 21.A.139(c)(3) and (4) Production management system — AMC1 21.A.139(c)(3) Production management system — GM1 21.A.139(c)(4)(ii) Production management system — AMC1 21.A.139(c)(4)(ii) Production management system — AMC1 21.A.139(c)(5) Production management system — GM1 21.A.139(c)(5) Production management system — AMC1 21.A.139(c)(5)(i) Production management system — GM1 21.A.139(c)(5)(i) Production management system — AMC1 21.A.139(d) Production management system — AMC1 21.A.139(d)(2) Production management system — GM1 21.A.139(d)(1) Production management system — AMC1 21.A.139(d)(2)(ii) Production management system — AMC2 21.A.139(d)(2)(ii) Production management system — GM1 21.A.139(d)(2)(ii) Production management system — AMC1 21.A.139(e) Production management system — AMC1 21.A.139(f) Production management system] 21.A.143 Exposition (a) As part of the production management system, the The organisation shall establish submit to the competent authority a production organisation exposition that provides providing directly or by cross reference the following information: (1). a statement signed by the accountable manager confirming that the production organisation exposition and any associated manuals which define the approved organisation's compliance with this Annex Subpart will be complied with at all times; (2). the title(s) and names of managers accepted by the competent authority in accordance with point 21.A.145(c)(2); (3). the duties accountabilities and responsibilities of the manager(s) as required by point 21.A.145(c)(2) including matters on which they may deal directly with the competent authority on behalf of the organisation; (4). an organisational chart showing the associated chains of accountability and responsibility of the managers as required by point 21.A.145(c)(1) and (2); (5). a list of the certifying staff as referred to in point 21.A.145(d); (6). a general description of the man-power resources; (7). a general description of the facilities located at each address specified in the production organisation's certificate of approval; (8). a general description of the production organisation's scope of work relevant to the terms of approval; (9). the procedure for the notification of organisational changes to the competent authority; (10). the amendment procedure for the production organisation exposition; (11). a description of the quality production management system, the policy, processes and the procedures as required by point 21.A.139(b)(1); TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 28 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (12). a list of those outside parties referred to in point 21.A.139(a). 21.A.139(d)(1); and (13). if flight tests are to be conducted, a flight test operations manual defining the organisation’s policies and procedures in relation to flight test. The flight test operations manual shall include: (i) a description of the organisation’s processes for flight test, including the flight test organisation involvement into the permit to fly issuance process; (ii) crewing policy, including composition, competency, currency and flight time limitations, in accordance with Appendix XII to this Annex I (Part 21), where applicable; (iii) procedures for the carriage of persons other than crew members and for flight test training, when applicable; (iv) a policy for risk and safety management and associated methodologies; (v) procedures to identify the instruments and equipment to be carried; and (vi) a list of documents that need to be produced for flight test. (b) The production organisation exposition shall be amended as necessary to remain an up-to- date description of the organisation, and copies of any amendments shall be supplied to the competent authority. [Note: related AMC/GM: — AMC to 21.A.143, 21.A.243, 21.A.14(b), 21.A.112B(b) and 21.A.432B(b) Flight Test Operations Manual (FTOM) (unchanged); — GM1 21.A.143 Exposition — AMC1 21.A.143(a)(1) Exposition] 21.A.145 Approval requirements Resources The production organisation shall demonstrate, on the basis of the information submitted in accordance with point 21.A.143 that: (a) with regard to general approval requirements, facilities, working conditions, equipment and tools, processes and associated materials, number and competence of staff, and general organisation are adequate to discharge the obligations under point 21.A.165; (b) with regard to all necessary airworthiness and environmental, noise, fuel venting and exhaust emissions data: (1). the production organisation is in receipt of such data from the Agency EASA, and from the holder of, or applicant for, the type certificate type-certificate, restricted type certificate type-certificate or design approval, including any exemption granted against the CO2 production cut-off requirements, to determine conformity with the applicable design data; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 29 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (2). the production organisation has established a procedure to ensure that airworthiness and environmental noise, fuel venting and exhaust emissions data are correctly incorporated in its production data; (3). such data are kept up to date and made available to all personnel who need access to such data to perform their duties; (c) with regard to management and staff: (1). a an accountable manager has been nominated by the production organisation, and is accountable to the competent with authority to ensure that, His or her responsibility within the organiszation, shall consist of ensuring that all production is performed to the required standards and that the production organisation is continuously in compliance with the requirements of the management system referred to in point 21.A.139, and the data and the procedures identified in the exposition referred to in point 21.A.143; (2). the accountable manager shall nominate a person or group of persons have been nominated by the production organisation to ensure that the organisation is in compliance with the requirements of this Annex I (Part 21), and are identified, together with the extent of their authority. Such person(s) shall act under the direct authority of the accountable manager referred to in point (1). The persons nominated shall be able to show the appropriate knowledge, background and experience to discharge their responsibilities; (3). staff at all levels have been given appropriate authority to be able to discharge their allocated responsibilities and that there is full and effective coordination within the production organisation in respect of airworthiness, noise, fuel venting and exhaust emission data matters; (d) with regard to certifying staff, authorised by the production organisation to sign the documents issued under point 21.A.163 under the scope or terms of approval: (1). the knowledge, background (including other functions in the organisation), and experience of the certifying staff are appropriate to discharge their allocated responsibilities; 2. the production organisation maintains a record of all certifying staff which shall include details of the scope of their authorisation; (2). certifying staff are provided with evidence of the scope of their authorisation. [Note: related AMC/GM: — AMC1 21.A.145(a) Resources — GM1 21.A.145(a) Resources — GM1 21.A.145(b)(2) Resources — AMC1 21.A.145(c)(1) Resources — GM1 21.A.145(c)(1) Resources — AMC1 21.A.145(c)(2) Resources — AMC2 21.A.145(c)(2) Resources — AMC1 21.A.145(d)(1) Resources — AMC1 21.A.145(d)(2)Resources] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 30 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 21.A.147 Changes to the approved production management system organisation (a) After the issue of a production organisation approval, each change to the approved production management system organisation that is significant to the showing demonstration of conformity or to the airworthiness and environmental characteristics of noise, fuel venting and exhaust emissions of the product, part or appliance, particularly changes to the quality system, shall be approved by the competent authority before being implemented. Before the implementation of the change, an An application for approval shall be submitted in writing to the competent authority, and the organisation shall demonstrate, to the competent authority before implementation of the change, that it will continue to comply with this Subpart Annex after the implementation. (b) The competent authority shall establish the conditions under which a production organisation approved under this Subpart may operate during such changes unless the competent authority determines that the approval should be suspended. [Note: related AMC/GM: — AMC1 21.A.147 Changes to the production management system — GM1 21.A.147 Changes to the production management system] 21.A.157 Investigations A production organisation shall make arrangements that allow the competent authority to make any investigations, including investigations of partners and subcontractors, necessary to determine compliance and continued compliance with the applicable requirements of this Subpart. 21.A.158 Findings (a) When objective evidence is found showing non-compliance of the holder of a production organisation approval with the applicable requirements of this Annex I (Part 21), the finding shall be classified as follows: 1. a level one finding is any non-compliance with this Annex I (Part 21) which could lead to uncontrolled non-compliances with applicable design data and which could affect the safety of the aircraft; 2. a level two finding is any non-compliance with this Annex I (Part 21) which is not classified as level one. (b) A level three finding is any item where it has been identified, by objective evidence, to contain potential problems that could lead to a non-compliance under point (a). (ca) After receipt of notification of findings issued by the competent authority according to point 21.B.225, (1). in case of a level 1 or level 2 one findings, the holder of the production organisation approval shall demonstrate corrective action to the satisfaction of the competent authority that it has taken adequate corrective action within a the time period set by TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 31 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 the competent authority in accordance with point 21.B.225 of no more than 21 working days after written confirmation of the finding; 2. in case of level two findings, the corrective action period granted by the competent authority shall be appropriate to the nature of the finding but in any case initially shall not be more than three months. In certain circumstances and subject to the nature of the finding the competent authority may extend the three months period subject to the provision of a satisfactory corrective action plan agreed by the competent authority; (2)3. a level 3 three finding shall not require immediate action by the holder of the production organisation approval. (db) In case of level 1 one or level 2 two findings, the production organisation approval may be subject to a partial or full limitation, suspension or revocation under point 21.B.245 21.B.65. In that case, the The holder of the production organisation approval shall provide confirmation of receipt of the notice of limitation, suspension or revocation of the production organisation approval in a timely manner. [Note: related AMC/GM: — GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings] 21.A.159 Duration and continued validity (a) A production organisation approval shall be issued for an unlimited duration. It shall remain valid unless: (1). the production organisation fails to demonstrate compliance with the applicable requirements of this Subpart Annex; or (2). the competent authority is prevented by the holder or any of its partners or subcontractors to perform the investigations in accordance with point 21.A.9 21.A.157; or (3). there is evidence that the production organisation cannot maintain satisfactory control of the manufacture of products, parts or appliances under the approval; or (4). the production organisation no longer meets the eligibility requirements of point 21.A.133; or (5). the certificate has been surrendered or revoked under point 21.B.65 21.B.245 or surrendered. (b) Upon surrender or revocation, the certificate shall be returned to the competent authority. [Note: related AMC/GM: — GM 21.A.159(a)(3) Evidence of a lack of satisfactory control (unchanged)] 21.A.165 Obligations of the holder The holder of a production organisation approval shall: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 32 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (a) ensure that the production organisation exposition furnished in accordance with point 21.A.143 and the documents to which it refers, are used as basic working documents within the organisation; (b) maintain the production organisation in conformity with the data and procedures approved for the production organisation approval; (c) (1). determine that each completed aircraft conforms to the type design and is in condition for safe operation prior to submitting statements of conformity to the competent authority; or (2). determine that other products, parts or appliances are complete and conform to the approved design data and are in a condition for safe operation before issuing an EASA Form 1 to certify conformity to approved design data and condition for safe operation; (3). additionally, in the case of engines, determine that the completed engine is in compliance with the applicable emissions requirements on the date of manufacture of the engine; (4). determine that other products, parts or appliances conform to the applicable data before issuing an EASA Form 1 as a conformity certificate. (d) record all details of work carried out; (e) establish and maintain an internal occurrence reporting system in the interest of safety, to enable the collection and assessment of occurrence reports in order to identify adverse trends or to address deficiencies, and to extract reportable occurrences. This system shall include evaluation of relevant information relating to occurrences and the promulgation of related information; (f) 1. report to the holder of the type-certificate or design approval, all cases where products, parts or appliances have been released by the production organisation and subsequently identified to have possible deviations from the applicable design data, and investigate with the holder of the type-certificate or design approval in order to identify those deviations which could lead to an unsafe condition; 2. report to the Agency and the competent authority of the Member State the deviations which could lead to an unsafe condition identified according to point (1). Such reports shall be made in a form and manner established by the Agency under point 21.A.3A(b)(2) or accepted by the competent authority of the Member State; 3. where the holder of the production organisation approval is acting as a supplier to another production organisation, report also to that other organisation all cases where it has released products, parts or appliances to that organisation and subsequently identified them to have possible deviations from the applicable design data; (dg) provide assistance to the holder of the type certificate type-certificate or design approval in dealing with any continuing airworthiness actions that are related to the products parts or appliances that have been produced; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 33 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (h) establish an archiving system incorporating requirements imposed on its partners, suppliers and subcontractors, ensuring conservation of the data used to justify conformity of the products, parts or appliances. Such data shall be held at the disposal of the competent authority and be retained in order to provide the information necessary to ensure the continuing airworthiness of the products, parts or appliances; (ei) where, under its terms of approval, the holder issues a certificate of release to service, determine that each completed aircraft has been subjected to necessary maintenance and is in condition for safe operation, prior to issuing the certificate; (fj) where applicable, under the privilege of point 21.A.163(e), determine the conditions under which a permit to fly can be issued; (gk) where applicable, under the privilege of point 21.A.163(e), establish compliance with points 21.A.711(c) and (e) before issuing a permit to fly to an aircraft.; (h) comply with Subpart A of this Annex. [Note: related AMC/GM: — GM 21.A.165(a) Obligations of the holder — Basic working document (unchanged); — GM No 1 to 21.A.165(c) Obligations of the holder — Conformity of prototype models and test specimens (unchanged); — GM No 2 to 21.A.165(c) Obligations of holder — Conformity with type design (unchanged); — GM No 3 to 21.A.165(c) Obligations of the holder — Condition for safe operation (unchanged); — GM No 4 to 21.A.165(c) Airworthiness Release or Conformity Certificate (unchanged); — AMC 21.A.165(c)(3) Applicable emissions requirements (unchanged); — GM 21.A.165(c)(3) Definitions of engine type certification date and production date (unchanged); — GM 21.A.165(d) and (h) Obligations of the holder — Recording and archiving system (moved to — GM1 21.A.5(a) and (b))] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 34 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART H — CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS 21.A.180 Inspections The holder of the airworthiness certificate shall provide access to the aircraft for which that airworthiness certificate has been issued upon request by the competent authority of the Member State of registry. 21.A.181 Duration and continued validity (a) An airworthiness certificate shall be issued for an unlimited duration. It shall remain valid subject to: (1). compliance with the applicable type-design and continuing airworthiness requirements; and (2). the aircraft remaining on the same register; and (3). the type certificate type-certificate or restricted type certificate type-certificate under which it is issued not being previously invalidated under point 21.A.51; (4). the certificate not being surrendered or revoked under point 21.B.65 21.B.330 or surrendered. (b) Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of registry. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 35 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART I — NOISE CERTIFICATES 21.A.210 Inspections The holder of the noise certificate shall provide access to the aircraft for which that noise certificate has been issued upon request by the competent authority of the Member State of registry or by the Agency for inspection. 21.A.211 Duration and continued validity (a) A noise certificate shall be issued for an unlimited duration. It shall remain valid subject to: (1). compliance with the applicable type-design, environmental protection and continuing airworthiness requirements; and (2). the aircraft remaining on the same register; and (3). the type certificate type-certificate or restricted type certificate type-certificate under which it is issued not being previously invalidated under point 21.A.51; (4). the certificate not being surrendered or revoked under point 21.B.430 21.B.65 or surrendered. (b) Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of registry. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 36 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART J — DESIGN ORGANISATION APPROVAL 21.A.239 Design assurance management system (a) The design organisation shall establish, implement, and maintain a design management system that includes a safety management system and a design assurance system with clear lines of responsibility and accountability throughout the organisation. (b) The design management system shall: (1) correspond to the size of the organisation and the nature and complexity of its activities, taking into account the hazards and the associated risks that are inherent in these activities; and (2) be established under the direct accountability of a single manager according to point 21.A.245(a). (c) As part of the safety management element of the design management system, the design organisation shall: (1) establish, implement and maintain a safety policy and the corresponding related safety objectives; (2) appoint key safety personnel to execute the safety policy in accordance with point 21.A.245(b); (3) establish, implement and maintain a safety risk management process that includes: (i) hazard identification in all domains of the organisation and its design activities, resulting from analysis of the occurrences collected according to point 21.A.3A; and (ii) safety risk assessment and mitigation; (4) establish, implement and maintain a safety assurance process that includes: (i) measurement and monitoring of safety performance; (ii) management of changes in accordance with points 21.A.243(c) and 21.A.247; and (iii) principles for continuous improvement of the safety management system; and (5) promote safety in the organisation through: (i) training and education; and (ii) communication. (d) As part of the design assurance element of the design management system, the design organisation shall: (a1) The design organisation shall demonstrate that it has established and is able to maintain a design assurance system for establish, implement and maintain a system for the control and supervision of the design, and of design changes, of products, parts and appliances covered by the application. This design assurance system shall be such as to enable the organisation to ensure that: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 37 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (i)1. to ensure that the design of the products, parts and appliances or the design change thereof, comply with the applicable type-certification basis, the applicable operational suitability data certification basis and the environmental protection requirements; and (ii)2. to ensure that its responsibilities are properly discharge its responsibilities discharged in accordance with the appropriate provisions of this Annex I (Part 21); and the terms of approval issued under point 21.A.251; (2) establish, implement and maintain an independent verification function of the demonstration of compliance on the basis of which the organisation declares compliance with the applicable airworthiness, operational suitability and environmental protection requirements; and (3) specify the manner in which the design assurance system accounts for the acceptability of the parts or appliances that are designed or the tasks that are performed by partners or subcontractors according to methods which are the subjects of written procedures. (e) The design organisation shall document, in accordance with point 21.A.243, all the key processes of the design management system, and maintain a process for: (1) amending that documentation; (2) making personnel aware of their responsibilities under the design management system; (f) Include in the design management system independent monitoring of to independently monitor the compliance with, and the adequacy of, the design management system and its documented procedures of the system. This monitoring shall include a feed-back system to the a person or a group of persons referred to in point 21.A.245(b), and ultimately to the manager referred to in point 21.A.245(a) to ensure, as necessary, that corrective action takes place. having the responsibility to ensure corrective actions. (g) If the organisation holds other organisation certificates that were issued on the basis of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, the design organisation may integrate the design management system with the management system that is required for the issuance of the other certificate(s). (b) The design assurance system shall include an independent checking function of the showings of compliance on the basis of which the organisation submits compliance statements and associated documentation to the Agency. (c) The design organisation shall specify the manner in which the design assurance system accounts for the acceptability of the parts or appliances designed or the tasks performed by partners or subcontractors according to methods which are the subject of written procedures. [Note: related AMC/GM: — GM1 21.A.239(c) Design management system — AMC1 21.A.239(c) Design management system — AMC1 21.A.239(c)(1) Design management system — GM1 21.A.239(c)(1) Design management system — AMC1 21.A.239(c)(2) Design management system — GM1 21.A.239(c)(2) Design management system TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 38 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 — AMC1 21.A.239(c)(3) and (4) Design management system — AMC1 21.A.239(c)(3) Design management system — AMC1 21.A.239(c)(4)(ii) Design management system — GM1 21.A.239(c)(4)(ii) Design management system — AMC1 21.A.239(c)(5) Design management system — GM1 21.A.239(c)(5) Design management system — AMC1 21.A.239(c)(5)(i) Design management system — GM1 21.A.239(c)(5)(i) Design management system — GM1 21.A.239(d) Design management system — AMC1 21.A.239(d) Design management system — AMC2 21.A.239(d) Design management system — AMC1 21.A.239(d)(2) Design management system — GM1 21.A.239(d)(3) Design management system — AMC1 21.A.239(e) Design management system — AMC1 21.A.239(f) Design management system] 21.A.243 Data Handbook (a) The As part of the design management system, the design organisation shall furnish establish a handbook to the Agency describing, directly or by cross-reference, the organisation, the relevant procedures and the products or changes to products to be designed and, where relevant, the interfaces with and the control of partners or subcontractors. If flight tests are to be conducted, a flight test operations manual defining the organisation’s policies and procedures in relation to flight test shall be furnished established. The flight test operations manual shall include: (1i) a description of the organisation’s processes for flight test, including the flight test organisation involvement into the permit to fly issuance process; (2ii) crewing policy, including composition, competency, currency and flight time limitations, in accordance with Appendix XII to this Annex I (Part 21), where applicable; (3iii) procedures for the carriage of persons other than crew members and for flight test training, when applicable; (4iv) a policy for risk and safety management and associated methodologies; (5v) procedures to identify the instruments and equipment to be carried; (6vi) a list of documents that need to be produced for flight test. (b) Where any parts or appliances or any changes to the products are designed by partner organisations or subcontractors, the handbook shall include a statement of how the design organisation is able to give, for all parts and appliances, the assurance of compliance required by point 21.A.239(b), and shall contain, directly or by cross-reference, descriptions and information on the design activities and organisation of those partners or subcontractors, as necessary to establish this statement. (c) The handbook shall be amended as necessary to remain an up-to-date description of the organisation, and copies of amendments shall be supplied to the Agency EASA. (d) The design organisation shall furnish establish and maintain a statement of the qualifications and experience of the management staff and other persons in the organisation responsible for TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 39 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 making decisions affecting airworthiness, operational suitability data and environmental protection in the organisation. [Note: related AMC/GM: — AMC to 21.A.143, 21.A.243, 21.A.14(b), 21.A.112B(b) and 21.A.432B(b) Flight Test Operations Manual (FTOM) (unchanged); — AMC1 21.A.243(a) Handbook — AMC2 21.A.243(a) Handbook — AMC1 21.A.243(d) Handbook — GM1 21.A.243(d) Handbook — AMC2 21.A.243(d) Handbook] 21.A.245 Resources Approval requirements The design organisation shall demonstrate, on the basis of the information submitted in accordance with point 21.A.243 that, in addition to complying with point 21.A.239: (a) The organisation shall nominate a head of the design organisation with authority for ensuring that within the organisation, all design activities are performed to the required standards and that the design organisation is continuously in compliance with the requirements of the management system referred to in point 21.A.239 and the procedures identified in the handbook referred to in point 21.A.243. (b) Depending on the size of the organisation and on the nature and complexity of its activities, the head of the design organisation shall nominate and identify, together with the extent of their authority: (1) a chief of the office of airworthiness; (2) a chief of the independent monitoring of compliance and adequacy function; and (3) any other person or group of persons who are needed to ensure that the organisation is in compliance with the requirements of this Annex. (c) The person or group of persons identified in point (b) shall: (1) act under the direct authority of the head of the design organisation; and (2) be able to show the appropriate knowledge, background and experience to discharge their responsibilities. (d) The design organisation shall ensure that: (a1) the staff in all technical departments are of sufficient numbers and experience and have been given appropriate authority to be able to discharge their allocated responsibilities and these, together with the accommodation, facilities and equipment, are adequate to enable the staff to achieve the airworthiness, operational suitability and environmental protection objectives for the product; (b2) there is full and efficient coordination between departments and within departments in respect of airworthiness, operational suitability and environmental protection matters. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 40 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 [Note: related AMC/GM: — AMC1 21.A.245 Resources — AMC2 21.A.245 Resources — AMC1 21.A.245(a) Resources — AMC1 21.A.245(b) Resources — AMC2 21.A.245(b) Resources] 21.A.247 Changes in to the design management assurance system After the issue of a design organisation approval, each change to the design management assurance system that is significant to the showing demonstration of compliance or to the airworthiness, operational suitability and environmental protection of the product, part or appliance shall be approved by the Agency EASA. Before the implementation of the change, an An application for approval shall be submitted in writing to the Agency EASA, and the design organisation shall demonstrate to the Agency, on the basis of the submission of the proposed changes to the handbook, and before implementation of the change, that it will continue to comply with this Subpart Annex after the implementation. [Note: related AMC/GM:  AMC1 21.A.247 Changes to the design management system  GM1 21.A.247 Changes to in the design management assurance system] 21.A.257 Investigations (a) The design organisation shall make arrangements that allow the Agency to make any investigations, including investigations of partners and subcontractors, necessary to determine compliance and continued compliance with the applicable requirements of this Subpart. (b) The design organisation shall allow the Agency to review any report and make any inspection and perform or witness any flight and ground test necessary to check the validity of the compliance statements submitted by the applicant under point 21.A.239(b). 21.A.258 Findings (a) When objective evidence is found showing non-compliance of the holder of a design organisation approval with the applicable requirements of this Annex I (Part 21), the finding shall be classified as follows: 1. a level one finding is any non-compliance with this Annex I (Part 21) which could lead to uncontrolled non-compliances with applicable requirements and which could affect the safety of the aircraft; 2. a level two finding is any non-compliance with this Annex I (Part 21) which is not classified as level one. (b) A level three finding is any item where it has been identified, by objective evidence, to contain potential problems that could lead to a non-compliance under point (a). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 41 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (ac) After receipt of notification of findings issued by EASA according to point 21.B.433 under the applicable administrative procedures established by the Agency, (1)1. in case of a level 1 or level 2 one findings, the holder of the design organisation approval shall demonstrate to the satisfaction of EASA that it has taken adequate corrective action within the time period set by EASA in accordance with 21.B.433 to the satisfaction of the Agency within a period of no more than 21 working days after written confirmation of the finding; 2. in case of level two findings, the corrective action period granted by the Agency shall be appropriate to the nature of the finding but in any case initially shall not be more than three months. In certain circumstances and subject to the nature of the finding the Agency may extend the three months period subject to the provision of a satisfactory corrective action plan agreed by the Agency; (2)3. a level 3 three finding shall not require immediate action by the holder of the design organisation approval. (bd) In case of level 1 one or level 2 two findings, the design organisation approval may be subject to a partial or full limitation, suspension or revocation under the applicable administrative procedures established by the Agency point 21.B.65. In that case, the The holder of the design organisation approval shall provide confirmation of the receipt of the notice of limitation, suspension or revocation of the design organisation approval in a timely manner. [Note: related AMC/GM:  GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings] 21.A.259 Duration and continued validity (a) A design organisation approval shall be issued for an unlimited duration. It shall remain valid unless: (1)1. the design organisation fails to demonstrate compliance with the applicable requirements of this Subpart Annex; or (2)2. the Agency EASA is prevented by the holder or any of its partners or subcontractors to from performing perform the investigations in accordance with point 21.A.9 21.A.257; or (3)3. there is evidence that the design management assurance system cannot maintain satisfactory control and supervision of the design of products or changes thereof under the approval; or (4) the design organisation no longer meets the eligibility requirements of point 21.A.233; or (5)4. the certificate has been surrendered or revoked under point 21.B.65 or surrendered the applicable administrative procedures established by the Agency. (b) Upon surrender or revocation, the certificate shall be returned to the Agency EASA. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 42 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 21.A.263 Privileges (a) (Reserved) The holder of a design organisation approval shall be entitled to perform design activities under this Annex I (Part 21) and within its scope of approval. (b) (Reserved) Subject to point 21.A.257(b), the Agency shall accept without further verification the following compliance documents submitted by the applicant for the purpose of obtaining: 1. the approval of flight conditions required for a permit to fly; or 2. a type-certificate or approval of a major change to a type-certificate; or 3. a supplemental type-certificate; or 4. an ETSO authorisation under point 21.A.602B(b)(1); or 5. a major repair design approval. (c) The A holder of a design organisation approval shall be entitled, within the scope of its terms of approval as established by EASA and under the relevant procedures of the design management assurance system: (1)1. to classify changes to the type certificate type-certificate or to a supplemental type certificate type-certificate and repair designs as ‘major’ or ‘minor’; (2)2. to approve minor changes to type certificate type-certificate or to a type certificate supplemental type-certificate and minor repair designs; (3)3. (Reserved) to issue information or instructions containing the following statement: ‘The technical content of this document is approved under the authority of DOA ref. EASA. 21J. [XXXX].’; (4)4. (Reserved) to approve minor revisions to the aircraft flight manual and supplements, and issue such revisions containing the following statement: ‘Revision No [YY] to AFM (or supplement) ref. [ZZ] is approved under the authority of DOA ref. EASA. 21J. [XXXX].’; (5)5. to approve the design of certain major repair designs under Subpart M to products or Auxiliary Power Units (APUs)for which it holds the type-certificate or the supplemental type-certificate or ETSO authorisation; (6)6. to approve for certain aircraft, the flight conditions under which a permit to fly can be issued in accordance with point 21.A.710(a)(2), except for permits to fly to be issued for the purpose of point 21.A.701(a)(15); (7)7. to issue a permit to fly in accordance with point 21.A.711(b) for an aircraft it has designed or modified, or for which it has approved in accordance with under point 21.A.263(c)(6) the flight conditions under which the permit to fly can be issued, and when where the design organisation itself: (i) is controlling controls under its Design Organisation Approval the configuration of the aircraft and (ii) is attesting attests conformity with the design conditions approved for the flight. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 43 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (7)7. to approve certain major changes to a type certificate type-certificate under Subpart D; and (8)8. to issue certain supplemental type certificate type-certificates under Subpart E and approve certain major changes to those certificates. [Note: related AMC/GM: — GM 21.A.263(b) DOA privilege related to compliance documents (unchanged) — AMC 21.A.263(b)(1) Compliance documents with conditions related to engine or propeller without a type-certificate or with unapproved changes and fitted on aircraft for which a permit to fly is requested (unchanged) — AMC No 1 to 21.A.263(c)(1) Procedure for the classification of changes to type certificate (TC) and repairs as minor or major (unchanged) — AMC No 2 to 21.A.263(c)(1) Privileges —Organisations designing minor changes to a type certificate (TC) or minor repairs to products: classification procedure (unchanged) — AMC No 1 to 21.A.263(c)(2) Procedure for the approval of minor changes to a type certificate (TC) or minor repairs (unchanged) — AMC No 2 to 21.A.263(c)(2) Privileges —Organisations designing minor changes to a type certificate (TC) or minor repairs to products: procedure for the approval of minor changes to a TC or minor repairs (unchanged) — GM 21.A.263(c)(3) Issue of information or instructions (unchanged) — GM 21.A.263(c)(4) Procedure for the approval of minor revisions to the aircraft flight manual (unchanged) — AMC 21.A.263(c)(6) Procedure for the approval of the conditions for issue of a permit to fly (unchanged) — AMC 21.A.263(c)(7) Procedure for the issue of a permit to fly (unchanged)] 21.A.265 Obligations of the holder The holder of a design organisation approval shall within the scope of its terms of approval, as established by the Agency EASA: (a) maintain the handbook required under point 21.A.243 in conformity with the design management assurance system; (b) ensure that this handbook or the relevant procedures included by cross-reference are is used as a basic working document within the organisation; (c) determine that the design of products, or changes or repairs thereto thereof, as applicable, comply with applicable specifications and requirements and have no unsafe feature features; (d) except for minor changes or repairs approved under the privilege of point 21.A.263, provide to the Agency EASA with statements and associated documentation confirming compliance with point (c) except for approval processes carried out in accordance with point 21.A.263(c); TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 44 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (e) provide to the Agency EASA data and information or instructions related to required actions under point 21.A.3B; (f) where applicable, under the privilege of point 21.A.263(c)(6), determine in accordance with point 21.A.263(c)(6), the flight conditions under which a permit to fly can be issued; (g) where applicable, under the privilege of point 21.A.263(c)(7), establish in accordance with point 21.A.263(c)(7), compliance with points (b) and (e) of point 21.A.711(b) and (e) before issuing a permit to fly to an aircraft.; (h) designate data and information issued under the authority of the approved design organisation within the scope of its terms of approval as established by the Agency EASA with the following statement: ‘The technical content of this document is approved under the authority of the DOA ref. EASA. 21J.[XXXX]’; and (i) comply with Subpart A of this Annex. [Note: related AMC/GM: — AMC 21.A.265(a) Administration of the Handbook (unchanged) — GM 21.A.265(b) Use of the Handbook (unchanged)] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 45 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART M — REPAIRS 21.A.447 Record-keeping For each repair, all relevant design information, drawings, test reports, instructions and limitations possibly issued in accordance with point 21.A.443, justification for classification and evidence of the design approval, shall: (a) be held by the repair design approval holder at the disposal of the Agency; and (b) be retained by the repair design approval holder in order to provide the information necessary to ensure the continued airworthiness of the repaired products, parts or appliances. [Note: related AMC/GM: — AMC 21.A.433(a) and 21.A.447 Repair design and record-keeping (moved to AMC1 21.A.5(a) and 21.A.433(a))] 21.A.451 Obligations and EPA marking (a) Each holder of a major repair design approval shall: (1). undertake the obligations: (i) laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.5, 21.A.9, 21.A.439, 21.A.441, 21.A.443, 21.A.447 and 21.A.449; (ii) implicit in the collaboration with the type certificate type-certificate, supplemental type certificate type-certificate and with the APU ETSO authorisation holder under point 21.A.433(b), as appropriate. (2). specify the marking, including EPA letters, in accordance with point 21.A.804(a). (b) Except for type certificate type-certificate holders or APU authorisation holders for which point 21.A.44 applies, the holder of a minor repair design approval shall: (1). undertake the obligations laid down in points 21.A.4, 21.A.447 and 21.A.449; and (2). specify the marking, including EPA letters, in accordance with point 21.A.804(a). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 46 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART O — EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS 21.A.604 ETSO Aauthorisation for an Aauxiliary Ppower Uunit (APU) With regard to ETSO authorisation for an APU auxiliary power unit: (a) by way of derogation from points 21.A.603, 21.A.610 and 21.A.615 21.A.9, the following points shall apply: points 21.A.15, 21.A.16B, 21.A.17A, 21.A.17B, 21.A.20, 21.A.21, 21.A.31, 21.A.33, 21.A.44 21.B.75 and 21.B.80. shall apply by way of derogation from points 21.A.603, 21.A.606(c), 21.A.610 and 21.A.9 21.A.615, except that However an ETSO Authorisation shall be issued in accordance with point 21.A.606 instead of the type certificate type-certificate; (b) by way of derogation from point 21.A.611, the requirements of Subpart D shall apply to the approval of design changes by the APU ETSO authorisation holder and the requirements of or Subpart E shall apply to is applicable for the approval of design changes by other applicants way of derogation from point 21.A.611. When Subpart E is used, a separate ETSO authorisation shall be issued instead of a supplemental type certificate type-certificate. (c) the requirements of Subpart M shall apply is applicable to the approval of repair designs. 21.A.609 Obligations of holders of ETSO authorisations The holder of an ETSO authorisation under this Subpart shall: (a) manufacture each article in accordance with Subpart G or Subpart F that ensures that each completed article conforms to its design data and is safe for installation; (b) prepare and maintain, for each model of each article for which an ETSO authorisation has been issued, a current file of complete technical data and records in accordance with point 21.A.5 21.A.613; (c) prepare, maintain and update master copies of all manuals required by the applicable airworthiness specifications for the article; (d) make available to users of the article and to the Agency EASA on request those maintenance, overhaul and repair manuals necessary for the usage and maintenance of the article, and changes to those manuals; (e) mark each article in accordance with point 21.A.807; (f) comply with points 21.A.3A, 21.A.3B, and 21.A.4 and 21.A.9; (g) continue to meet the qualification requirements of point 21.A.602B. 21.A.613 Record-keeping Further to the record-keeping requirements appropriate to or associated with the quality system, all relevant design information, drawings and test reports, including inspection records for the article tested, shall be held at the disposal of the Agency and shall be retained in order to provide the TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 47 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 information necessary to ensure the continued airworthiness of the article and of the type- certificated product in which it is fitted. 21.A.615 Inspection by the Agency Upon a request of the Agency, each applicant for, or holder of an ETSO authorisation for an article shall allow the Agency to: (a) witness any tests; (b) inspect the technical data files on that article. 21.A.619 Duration and continued validity (a) An ETSO authorisation shall be issued for an unlimited duration. It shall remain valid unless: (1). the conditions required when the ETSO authorisation was granted are no longer being observed; or (2). the obligations of the holder specified in point 21.A.609 are no longer being discharged; or (3) the competent authority is prevented by the holder or any of its partners or subcontractors from performing the investigations in accordance with point 21.A.9; or (4)3. the article has proved to give rise to unacceptable hazards in service; or (5)4. the authorisation has been surrendered or revoked under point 21.B.65, or surrendered the applicable administrative procedures established by the Agency. (b) Upon surrender or revocation, the certificate shall be returned to the Agency EASA. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 48 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART P — PERMIT TO FLY 21.A.705 Competent authority Notwithstanding point 21.1 of this Annex I (Part 21) for the purpose of this Subpart, the ‘competent authority’ shall be: (a) the authority designated by the Member State of registry; or (b) for unregistered aircraft, the authority designated by the Member State which prescribed the identification marks. [Note: related AMC/GM:  GM 21.A.705 Competent authority (moved to GM1 21.1(c))] 21.A.721 Inspections The holder of, or the applicant for, a permit to fly shall provide access to the aircraft concerned at the request of the competent authority. 21.A.723 Duration and continued validity (a) A permit to fly shall be issued for a maximum of 12 months and shall remain valid subject to: (1). compliance with the conditions and restrictions of point 21.A.711(e) associated with the permit to fly; (2) the competent authority is permitted by the holder or any of its partners or subcontractors to perform the investigations in accordance with point 21.A.9; (3)2. the permit to fly not being surrendered or revoked under point 21.B.65 or surrendered; or (4)3. the aircraft remaining on the same register. (b) Notwithstanding point (a), a permit to fly issued for the purpose of point 21.A.701(a)(15) may be issued for unlimited duration. (c) Upon surrender or revocation, the permit to fly shall be returned to the competent authority. 21.A.729 Record-keeping (a) All documents produced to establish and justify the flight conditions shall be held by the holder of the approval of the flight conditions at the disposal of the Agency and competent authority and shall be retained in order to provide the information necessary to ensure the continued airworthiness of the aircraft. (b) All documents associated with the issue of permits to fly under the privilege of approved organisations, including inspection records, documents supporting the approval of flight conditions and the permit to fly itself, shall be held by the related approved organisation at TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 49 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 the disposal of the Agency or the competent authority and shall be retained in order to provide the information necessary to ensure the continued airworthiness of the aircraft. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 50 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SECTION B PROCEDURES FOR COMPETENT AUTHORITIES SUBPART A — GENERAL PROVISIONS 21.B.5 Scope (a) This Section establishes the procedure for the competent authority of the Member State when exercising its tasks and responsibilities concerned with the issuance, maintenance, amendment, suspension and revocation of certificates, approvals and authorisations referred to in this Annex I (Part 21). (b) The Agency shall develop in accordance with Article 19 of Regulation (EC) No 216/2008 certification specifications and guidance material to assist Member States in the implementation of this Section. This section establishes the administrative and management system requirements to be followed by the competent authority that is in charge of the implementation and enforcement of Section A of this Annex. 21.B.10 Oversight documentation The competent authority shall provide all the legislative acts, standards, rules, technical publications, and related documents to the relevant personnel in order to allow them to perform their tasks and to discharge their responsibilities. 21.B.15 Information to EASA (a) The competent authority of the Member State shall notify EASA without undue delay if there are any significant problems with the implementation of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. (b) The competent authority of the Member State shall provide EASA with any safety-significant information stemming from the occurrence reports it has received, pursuant to 21.A.3A. 21.B.20 Obligations of the competent authority Each competent authority of the Member State is responsible for the implementation of Section A, Subparts F, G, H, I and P only for applicants, or holders, whose principal place of business is in its territory. 21.B.20 Immediate reaction to a safety problem (a) Without prejudice to Regulation (EU) No 376/2014 and its implementing acts, the competent authority of the Member State shall implement a system to appropriately collect, analyse, and disseminate safety information. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 51 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (b) EASA shall implement a system to appropriately analyse any relevant safety information received, and without undue delay, provide to Member States and the Commission any information, including recommendations or corrective actions to be taken, that is necessary for them to react in a timely manner to a safety problem involving products, parts, appliances, persons or organisations that are subject to Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. (c) Upon receiving the information referred to in points (a) and (b), the competent authority of the Member State shall take adequate measures to address the safety problem. (d) Measures taken under point (c) shall immediately be notified to all persons or organisations which need to comply with them under Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. The competent authority of the Member State shall also notify those measures to EASA and, when combined action is required, to the other Member States concerned. [Note: related AMC/GM: — GM 21.B.20 Responsibility for implementation (moved to 21.1(a)(2) and (3))] 21.B.25 Requirements for the organisation of the competent authority (a) General: The Member State shall designate a competent authority with allocated responsibilities for the implementation of Section A, Subparts F, G, H, I and P with documented procedures, organisation structure and staff. (b) Resources: 1. the number of staff shall be sufficient to perform the allocated tasks; 2. the competent authority of the Member State shall appoint a manager, or managers, who are responsible for the execution of the related task(s) within the authority, including the communication with the Agency and the other national authorities as appropriate. (c) Qualification and training: All staff shall be appropriately qualified and have sufficient knowledge, experience and training to perform their allocated task. 21.B.25 Management system (a) The competent authority shall establish and maintain a management system, including as a minimum: (1) documented policies and procedures to describe its organisation, means and methods to achieve compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. The procedures shall be kept up to TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 52 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 date, and serve as the basic working documents within that competent authority for all related tasks; (2) a sufficient number of personnel to perform its tasks and discharge its responsibilities. A system shall be in place to plan the availability of personnel, in order to ensure the proper completion of all tasks; (3) personnel who are qualified to perform their allocated tasks and who have the necessary knowledge, experience, initial and recurrent training to ensure continuing competency; (4) adequate facilities and office accommodation to perform the allocated tasks; (5) a function to monitor the compliance of the management system with the relevant requirements, and the adequacy of the procedures, including the establishment of an internal audit process, and a safety risk management process. Compliance monitoring shall include a system to feed back audit findings to the senior management of the competent authority to ensure the implementation of corrective actions as necessary; and (6) a person or group of persons ultimately responsible to the senior management of the competent authority for the compliance monitoring function. (b) The competent authority shall, for each field of activity, including the management system, appoint one or more persons with the overall responsibility for the management of the relevant task(s). (c) The competent authority shall establish procedures for participation in a mutual exchange of all necessary information and assistance with any other competent authorities concerned, including all findings raised and any follow-up actions taken as a result of the oversight of persons and organisations that carry out activities in the territory of a Member State, but certified by the competent authority of another Member State, or by EASA. (d) A copy of the procedures related to the management system of the competent authority of the Member State and their amendments shall be made available to EASA for the purpose of standardisation. [Note: related AMC/GM: — AMC1 21.B.25 Management system — AMC2 21.B.25 Management system — AMC1 21.B.25(a)(1) Management system — GM1 21.B.25(a)(2) Management system — AMC1 21.B.25(a)(3) Management system — AMC2 21.B.25(a)(3) Management system — AMC3 21.B.25(a)(3) Management system — AMC1 21.B.25(a)(5) Management system — GM1 21.B.25(a)(5) Management system — AMC1 21.B.25(d) Management system] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 53 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 21.B.30 Documented procedures (a) The competent authority of the Member State shall establish documented procedures to describe its organisation, means and methods to fulfil the requirements of this Annex I (Part 21). The procedures shall be kept up to date and serve as the basic working documents within that authority for all related activities. (b) A copy of the procedures and their amendments shall be available to the Agency. 21.B.30 Allocation of tasks to qualified entities (a) Tasks related to the initial certification, or to the continuing oversight of persons, or organisations subject to Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, may be allocated only to qualified entities. When allocating tasks, the competent authority shall ensure that it has: (1) put a system in place to initially and continuously assess whether the qualified entity complies with Annex VI ‘Essential requirements for qualified entities’ referred to in Article 69 of Regulation (EU) 2018/1139. This system and the results of the assessments shall be documented; (2) established a documented agreement with the qualified entity, approved by both parties at the appropriate management level, which clearly defines: (i) the tasks to be performed; (ii) the declarations, reports, and records to be provided; (iii) the technical conditions to be met in performing such tasks; (iv) the related liability coverage; and (v) the protection given to information acquired in carrying out such tasks. (b) The competent authority shall ensure that the internal audit process and safety risk management process required by point 21.B.25(a)(5) cover all the certification and continuing oversight tasks performed on its behalf. [Note: related AMC/GM:  GM1 21.B.30 Allocation of tasks to qualified entities] 21.B.35 Changes in the management system organisation and procedures (a) The competent authority of the Member State shall notify any significant change in its organisation and documented procedures to the Agency. (b) The competent authority of the Member State shall update its documented procedures relating to any change to regulations in a timely manner to ensure effective implementation. (a) The competent authority shall have a system in place to identify any changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 54 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 2018/1139 and the delegated and implementing acts adopted on the basis thereof. This system shall enable it to take action as appropriate to ensure that its management system remains adequate and effective. (b) The competent authority shall update its management system to reflect any change to Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof in a timely manner, so as to ensure its effective implementation. (c) The competent authority of the Member State shall notify EASA of any changes affecting its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. 21.B.40 Resolution of disputes (a) The competent authority of the Member State shall establish a process for the resolution of disputes within its organisation documented procedures. (b) Where a dispute, which cannot be resolved, exists between the competent authorities of the Member States, the competent authorities shall it is the responsibility of the managers as defined in point 21.B.25(b)(2) to raise the issue with the Agency for mediation. [Note: related AMC/GM: — GM 21.B.40 Principles for the resolution of disputes (unchanged)] 21.B.45 Reporting/coordination (a) The competent authority of the Member State shall ensure coordination as applicable with other related certification, investigation, approval or authorisation teams of that authority, other Member States and the Agency to ensure efficient exchange of information relevant for safety of the products, parts and appliances. (b) The competent authority of the Member State shall notify any difficulty in the implementation of this Annex I (Part 21) to the Agency. [Note: related AMC/GM: — GM No 1 to 21.B.45 Co-ordination with other related activities (deleted); — GM No 2 to 21.B.45 Co-ordination (deleted); — GM No 3 to 21.B.45 Reporting – Information relevant to registers established by EASA (deleted)] 21.B.55 Record-keeping The competent authority of the Member State shall keep, or maintain access to, the appropriate records related to the certificates, approvals and authorisations it has granted in accordance with the respective national regulations, and for which responsibility is transferred to the Agency, as long as these records have not been transferred to the Agency. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 55 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (a) The competent authority shall establish a system of record-keeping that allows adequate storage, accessibility, and reliable traceability of: (1) the management system’s documented policies and procedures; (2) the training, qualifications, and authorisation of its personnel; (3) the allocation of tasks, covering the elements required by point 21.B.30, as well as the details of tasks allocated; (4) certification processes and continuing oversight of certified organisations, including: (i) the application for a certificate, approval, authorisation and letter of agreement; (ii) the competent authority’s continuing oversight programme, including all assessments, audits and inspection records; (iii) the certificates, approvals, authorisations and letters of agreement issued, including any changes to them; (iv) a copy of the oversight programme listing the dates when audits are due and when audits were carried out; (v) copies of all formal correspondence; (vi) details of findings, corrective actions, dates of action closures, any exemptions and enforcement actions; (vii) any assessment, audit and inspection report issued by another competent authority pursuant to points 21.B.120(d), 21.B.221(c) or 21.B.431(c); (viii) copies of all organisation expositions, handbooks or manuals and amendments to them; and (ix) copies of any other document approved by the competent authority; and (5) the evaluation and notification to EASA of any alternative means of compliance proposed by organisations, and the assessment of any alternative means of compliance used by the competent authority itself; (6) safety information and follow-up measures in accordance with point 21.B.15; and (7) the use of flexibility provisions in accordance with Article 71 of Regulation (EU) 2018/1139. (b) The competent authority shall maintain a list of all certificates, approvals, authorisations and letters of agreement that it has issued. (c) All records referred to in points (a) and (b) shall be kept for a minimum period of 5 years, subject to applicable data protection law. (d) All the records referred to in points (a) and (b) shall be made available upon request to a competent authorities of another Member State or EASA. (e) For organisations that produce products, parts or appliances without a production organisation approval according to Subpart F of Section A of this Annex, the competent authority shall also maintain records of all Statements of Conformity (EASA Form 52, see TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 56 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 Appendix VIII) and Authorised Release Certificates (EASA Form 1, see Appendix I) that it has validated. [Note: related AMC/GM: — AMC1 21.B.55(a) Record-keeping — AMC1 21.B.55(a)(1) Record-keeping — GM1 21.B.55 Record-keeping — GM1 21.B.55(e) Record-keeping] 21.B.65 Suspension, limitation and revocation The competent authority shall: (a) suspend a certificate, approval, permit to fly, authorisation or letter of agreement on reasonable grounds in the case of a potential safety threat or if there is evidence that any of the conditions specified in points 21.A.51(a), 21.A.118B(a) 21.A.181(a) or 21.A.211(a), 21.A.619(a), 21A.723(a) is not met; (b) suspend, revoke or limit a certificate, approval, authorisation or letter of agreement pursuant to points 21.B.125, 21.B.225 or 21.B.433; or (c) suspend a certificate, approval, authorisation or letter of agreement if the competent authority’s inspectors are unable over a period of 24 months to discharge their oversight responsibilities through on-site audit(s) due to the security situation in the State where the facilities are located. [Note: related AMC/GM:  AMC1 21.B.65 Suspension, limitation and revocation  AMC1 21.B.65(c) Suspension, limitation and revocation  GM1 21.B.65 Suspension, limitation and revocation] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 57 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL 21.B.115 Alternative means of compliance (a) Alternative means of compliance may be used to establish compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. (b) The competent authority shall establish a system to consistently evaluate that all alternative means of compliance used by itself or by organisations under its oversight, allow the establishment of compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. (c) The competent authority shall evaluate all the alternative means of compliance proposed by an organisation in accordance with point 21.A.124A by analysing the documentation provided and, if considered necessary, by conducting an inspection of the organisation. When the competent authority finds that the alternative means of compliance are in accordance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, it shall without undue delay: (1) notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the letter of agreement of the applicant accordingly; (2) notify EASA of their content, and include copies of all the relevant documentation. (d) If the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, it shall: (1) make them available to all the organisations and persons under its oversight; (2) notify EASA without undue delay; and (3) provide EASA with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the requirements of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof have been met. [Note: related AMC/GM: — GM1 21.B.115 and 21.B.215 Alternative means of compliance — AMC1 21.B.115(d) and 21.B.215(d) Alternative means of compliance] 21.B.120 Investigation (a) The competent authority shall appoint an investigation team for each applicant for, or holder of, a letter of agreement to conduct all relevant tasks related to this letter of agreement, consisting of a team-leader to manage and lead the investigation team and, if required, one or more team members. The team-leader shall report to the manager responsible for the activity, as defined in point 21.B.25(b)(2). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 58 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (b) The competent authority shall perform sufficient investigation activities for an applicant for, or holder of, a letter of agreement to justify recommendations for the issuance, maintenance, amendment, suspension or revocation of the letter of agreement. (c) The competent authority shall prepare procedures for the investigation of applicants for, or holders of, a letter of agreement as part of the documented procedures covering at least the following elements: 1. evaluation of applications received; 2. determination of investigation team; 3. investigation preparation and planning; 4. evaluation of the documentation (manual, procedures, etc.); 5. auditing and inspection; 6. follow up of corrective actions; and 7. recommendation for issuance, amendment, suspension or revocation of the letter of agreement. 21.B.120 Initial certification procedure (a) Upon receiving an application for the initial issue of a letter of agreement, the competent authority shall verify the organisation’s compliance with the applicable requirements. (b) The competent authority shall record all findings, actions (i.e. actions required to close a finding), and recommendations. (c) The competent authority shall confirm to the organisation in writing all the findings raised during the verification. For initial certification, all findings must be corrected to the satisfaction of the competent authority before the certificate can be issued. (d) When satisfied that the organisation complies with the applicable requirements and has corrected all the findings to its satisfaction, the competent authority shall issue a letter of agreement (EASA Form 65, see Appendix XI) without undue delay. (e) The letter of agreement shall contain the scope of the agreement, a termination date and, where applicable, the appropriate limitations related to the authorisation. (f) The duration of the letter of agreement shall not exceed one year. [Note: related AMC/GM: — AMC1 21.B.120(a) Initial certification procedure — AMC2 21.B.120(a) Initial certification procedure — AMC3 21.B.120(a)Initial certification procedure — AMC4 21.B.120(a) Initial certification procedure — GM1 21.B.120(c) Initial certification procedure — AMC1 21.B.120(d) Initial certification procedure] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 59 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 21.B.125 Findings and corrective actions (a) When during audits or by other means objective evidence is found by the competent authority, showing non-compliance of the holder of a letter of agreement with the applicable requirements of Section A of this Annex, the competent authority shall issue a finding. The competent authority this finding shall be classified in accordance with point 21.A.125B(a) classify the findings as follows: (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 it detects a non-compliance that may lead to uncontrolled non-compliances with the applicable design data which lowers safety or seriously endangers flight safety. The level 1 findings shall also include: (1) any failure to give the competent authority access to the organisation's facilities as defined in point 21.A.9 during normal operating hours and after two written requests; (2) obtaining or maintaining the validity of a letter of agreement by falsification the submitted documentary evidence; and (3) any evidence of malpractice or of fraudulent use of the letter of agreement. (c) A level 2 finding shall be issued by the competent authority when any other non-compliance with the applicable requirements of this Annex which could lower the level of safety or endanger flight safety, is detected. (d) A level 3 finding shall be issued by the competent authority when there is objective evidence that it could lead to a non-compliance under points (b) or (c). (e) 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 the delegated and implementing acts adopted on the basis thereof, communicate the finding to the organisation in writing, and request corrective action to address the non-compliance(s) identified. If a finding directly relates to an aircraft, the competent authority shall inform the State in which the aircraft is registered. (fb) The competent authority shall take the following actions: (1.) in the case of for level 1 findings: (i) take immediate and appropriate action shall be taken by the competent authority to prohibit or limit the activities of the organisation involved, and, if appropriate, it shall take action to limit, suspend or revoke the letter of agreement 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 completed by the organisation; (ii) grant the organisation a corrective action implementation period that is appropriate to the nature of the finding, which shall not in any case be more than 21 working days. It shall commence from the date of the written communication TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 60 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 of the finding to the organisation, requesting corrective action to address the non-compliance identified. (2.) in the case of for level 2 findings: (i) , the competent authority shall grant a corrective action implementation period that is appropriate to the nature of the finding, which in any case that shall initially not be more than 3 months. The period shall commence from the date of the written communication of the finding to the organisation, requesting corrective action to address the non-compliance identified. In certain circumstances, at At the end of this period, and subject to the nature of the finding and the past safety performance of the organisation, the competent authority can may extend the 3-month period provided that a satisfactory corrective action plan provided by the organisation has been 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 them. (3) in the case of level 3 findings, recommend to the organisation to take action so that the item identified does not result in a non-compliance with this Annex; (4) if an organisation fails to submit an acceptable corrective action plan, or fails 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 shall be taken as laid down in point (d)(1)(i); and (5) record all the findings that it has raised or that have been communicated to it in accordance with point (d) and, where applicable, the enforcement measures it has applied, as well as all the corrective actions and the dates of action closures for findings. (c) Action shall be taken by the competent authority to suspend the letter of agreement in whole or in part in case of failure to comply within the timescale granted by the competent authority. [Note: related AMC/GM: — GM1 21.B.125(b), 21.B.225(b) and 21.B430(b) Findings and corrective actions — GM1 21.B.125(b) Findings and corrective actions — GM1 21.B.125(b)(1) and 21.B.225(b)(1) Findings and corrective actions — AMC1 21.B.125(d) Findings and corrective actions] 21.B.130 Issue of letter of agreement (a) When satisfied that the manufacturer is in compliance with the applicable requirements of Section A, Subpart F the competent authority shall issue a letter of agreement to the showing of conformity of individual products, parts or appliances (EASA Form 65, see Appendix XI) without undue delay. (b) The letter of agreement shall contain the scope of the agreement, a termination date and, where applicable, the appropriate limitations relating to the authorisation. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 61 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (c) The duration of the letter of agreement shall not exceed one year. [Note: related AMC/GM: — AMC 21.B.130 Issue of the letter of agreement (moved to AMC1 21.B.120(d)) — GM 21.B.130(b) Issue of the letter of agreement (moved to AMC1 21.B.120(d))] 21.B.145 Limitation, suspension and revocation of a letter of agreement (a) The limitation, suspension or revocation of the letter of agreement shall be communicated in writing to the holder of the letter of agreement. The competent authority shall state the reasons for the limitation, suspension or revocation and inform the holder of the letter of agreement on its right to appeal. (b) When a letter of agreement has been suspended it shall only be reinstated after compliance with Section A Subpart F has been re-established. 21.B.150 Record-keeping (a) The competent authority shall establish a system of record-keeping that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual letter of agreement. (b) The records shall at least contain: 1. the documents provided by the applicant for, or holder of, a letter of agreement; 2. documents established during investigation and inspection, in which the activities and the final results of the elements defined in point 21.B.120 are stated; 3. the letter of agreement, including changes; and 4. minutes of the meetings with the manufacturer. (c) The records shall be archived for a minimum retention period of six years after termination of the letter of agreement. (d) The competent authority shall also maintain records of all Statements of Conformity (EASA Form 52, see Appendix VIII) and Authorised Release Certificates (EASA Form 1, see Appendix I) that it has validated. [Note: related AMC/GM: — GM 21.B.150(d) Record-keeping – Traceability of release certificates (moved to GM1 21.B.55(e))] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 62 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART G — PRODUCTION ORGANISATION APPROVAL 21.B.215 Alternative means of compliance (a) Alternative means of compliance may be used to establish compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. (b) The competent authority shall establish a system to consistently evaluate that all alternative means of compliance used by itself or by organisations under its oversight, allow the establishment of compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. (c) The competent authority shall evaluate all the alternative means of compliance proposed by an organisation in accordance with point 21.A.134A by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation. When the competent authority finds that the alternative means of compliance are in accordance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, it shall without undue delay: (1) notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the approval of the applicant accordingly; (2) notify EASA of their content, including copies of all relevant documentation. (d) If the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, it shall: (1) make them available to all the organisations and persons under its oversight; (2) notify EASA without undue delay. (3) provide EASA with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the implementing rules have been met. [Note: related AMC/GM: — GM1 21.B.115 and 21.B.215 Alternative means of compliance — AMC1 21.B.115(d) and 21.B.215(d) Alternative means of compliance] 21.B.220 Investigation (a) The competent authority shall appoint a production organisation approval team for each applicant, or holder of, a production organisation approval to conduct all relevant tasks related to this production organisation approval, consisting of a team leader to manage and lead the approval team and, if required, one or more team members. The team leader shall report to the manager responsible for the activity as defined in point 21.B.25(b)(2). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 63 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (b) The competent authority shall perform sufficient investigation activities for an applicant for, or holder of, a production organisation approval to justify recommendations for the issuance, maintenance, amendment, suspension or revocation of the approval. (c) The competent authority shall prepare procedures for the investigation of a production organisation approval as part of the documented procedures covering at least the following elements: 1. evaluation of applications received; 2. determination of production organisation approval team; 3. investigation preparation and planning; 4. evaluation of the documentation (production organisation exposition, procedures, etc.); 5. auditing; 6. follow up of corrective actions; 7. recommendation for issuance, amendment, suspension or revocation of production organisation approval; 8. continued surveillance. 21.B.220 Initial certification procedure (a) Upon receiving an application for the initial issue of a production organisation approval certificate, the competent authority shall verify the organisation’s compliance with the applicable requirements. (b) A meeting with the accountable manager of the organisation shall be convened at least once during the investigation for initial certification to ensure that he or she fully understands the significance of the certification process, and the reason for signing the statement specified in point 21.A.143(a)(1). (c) The competent authority shall record all findings, closure actions (i.e. actions required to close a finding), and recommendations. (d) The competent authority shall confirm to the organisation in writing all the findings raised during the verification. For initial certification, all findings must be corrected to the satisfaction of the competent authority before the certificate can be issued. (e) When satisfied that the organisation complies with the applicable requirements and has corrected all the findings to its satisfaction, the competent authority shall issue a production organisation approval (EASA Form 55, see Appendix X) without undue delay. (f) The certificate reference number shall be included on the EASA Form 55 in a manner specified by EASA. (g) The certificate shall be issued for an unlimited duration. The privileges and the scope of the activities that the organisation is approved to conduct, including any limitations as applicable, shall be specified in the terms of approval attached to the certificate. [Note: related AMC/GM: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 64 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 — AMC1 21.B.220 and 21.B.221 Initial certification procedure — AMC1 21.B.220 and 21.B.430 Initial certification procedure — AMC1 21.B.220 Initial certification procedure — AMC1 21.B.220 Initial certification procedure — GM1 21.B.220 Initial certification procedure — GM2 21.B.220 Initial certification procedure — GM3 21.B.220 Initial certification procedure — AMC1 21.B.220(d)(1) Initial certification procedure] 21.B.221 Oversight principles (a) The competent authority shall verify: (1) compliance with the requirements that are applicable to organisations prior to issuing of an organisation certificate; (2) continued compliance with the applicable requirements of the organisations that it has certified; and (3) the implementation of appropriate safety measures mandated by the competent authority as defined in points 21.B.20(c) and (d). (b) This verification shall: (1) be supported by documentation specifically intended to provide personnel responsible for safety oversight with guidance to perform their functions; (2) provide the organisations concerned with the results of safety oversight activities; (3) be based on assessments, audits, inspections, and, if needed, unannounced inspections; and (4) provide the competent authority with the evidence needed in case further action is required, including the measures provided for in point 21.B.225. (c) The scope of the oversight defined in points (a) and (b) shall take into account the results of past oversight activities and the safety priorities. (d) If the facilities of an organisation are located in more than one State, the competent authority as defined in point 21.1 may agree to have oversight tasks performed by the competent authority(ies) of the Member State(s) where the facilities are located, or by EASA for facilities that are located in a third country. Any organisation that is subject to such an agreement shall be informed of its existence and of its scope. (e) For any oversight activities that are performed at facilities located in a Member State other than where the organisation has its principal place of business, the competent authority, as defined in point 21.1, shall inform the competent authority of that Member State before performing any on-site audit or inspection of the facilities. (f) The competent authority shall collect and process any information deemed useful for conducting oversight activities, including unannounced inspections. [Note: related AMC/GM:  AMC1 21.B.221(a), (b) and (c) Oversight principles] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 65 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 21.B.222 Oversight programme (a) The competent authority shall establish and maintain an oversight programme covering the oversight activities required by point 21.B.221(a). (b) The oversight programme shall be developed taking into account the specific nature of the organisation, the complexity of its activities, the results of past certification and/or oversight activities, and it shall be based on the assessment of the associated risks. It shall include, within each oversight planning cycle: (1) assessments, audits and inspections, including unannounced inspections and, as applicable: (i) management system assessments and process audits; (ii) product audits of a relevant sample of the products, parts and appliances that are under the scope of the organisation; (iii) sampling of the work performed; and (2) meetings convened between the accountable manager and the competent authority to ensure that they both remain informed of any significant issues. (c) For organisations certified by the competent authority, an oversight planning cycle that does not exceed 24 months shall be applied. (d) Notwithstanding point (c), the oversight planning cycle may be extended to 36 months if the competent authority has established that during the previous 24 months: (1) the organisation has demonstrated that it can effectively identify aviation safety hazards and manage the associated risks; (2) the organisation has continuously demonstrated under point 21.A.147 that it has full control over all changes; (3) no level 1 findings have been issued; and (4) all corrective actions have been implemented within the time period that was accepted or extended by the competent authority as defined in point 21.B.225. Notwithstanding point (c), the oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the conditions provided in points (1) to (4) above, the organisation has established, and the competent authority has approved, an effective continuous system for reporting to the competent authority on the safety performance and regulatory compliance of the organisation itself. (e) The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased. (f) The oversight programme shall include records of the dates when assessments, audits, inspections and meetings are due, and when assessments, audits, inspections and meetings have been effectively carried out. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 66 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (g) At the completion of each oversight planning cycle, the competent authority shall issue a recommendation report on the continuation of the approval, reflecting the results of oversight. [Note: related AMC/GM: — AMC1 21.B.222 and 21.B.432 Oversight programme — GM1 21.B.222(a) Oversight programme — AMC1 21.B.222(b) and 21.B.432(b) Oversight programme — AMC2 21.B.222(b) and 21.B.432(b) Oversight programme — GM1 21.B.222(b) Oversight programme — AMC1 21.B.222(b)(1) Oversight programme — GM1 21.B.222(b)(1)(ii) Oversight programme — AMC1 21.B.222(c) Oversight programme — AMC1 21.B.222(c) and 21.B.432(c) Oversight programme — AMC1 21.B.222(d) Oversight programme] 21.B.225 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 it detects a non-compliance that may lead to uncontrolled non-compliances with the applicable design data which lowers safety or seriously endangers flight safety. The level 1 findings shall also include: (a) When, during audits or by other means, objective evidence is found by the competent authority, showing non-compliance of the holder of a production organisation approval with the applicable requirements of Section A of this Annex, the competent authority shall issue a finding. The competent authority this finding shall be classified in accordance with point 21.A.158(a) classify each finding as follows: (1) level 1 finding: (1) any failure to give the competent authority access to the organisation's facilities as defined in point 21.A.9 during normal operating hours and after two written requests; (2) obtaining or maintaining the validity of the POA certificate by falsification of the submitted documentary evidence; (3) any evidence of malpractice or of fraudulent use of the POA certificate; and (4) the lack of an accountable manager. (c) A level 2 finding shall be issued by the competent authority when any other non-compliance with the applicable requirements of this Annex which could lower the level of safety or endanger flight safety, is detected. (d) A level 3 finding shall be issued by the competent authority when there is objective evidence that it could lead to a non-compliance under points (b) or (c). (e) 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 the delegated and implementing acts adopted on the basis thereof, communicate the finding TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 67 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 to the organisation in writing, and request corrective action to address the non-compliance(s) identified. If a finding directly relates to an aircraft, the competent authority shall inform the State in which the aircraft is registered. (fb) The competent authority shall take the following actions: (1.) in the case of for level 1 findings take immediate and appropriate action shall be taken by the competent authority to prohibit or limit the activities of the organisation involved, and, if appropriate, it shall take action to limit, suspend or revoke the production organisation approval 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 completed by the organisation; (2.) in the case of for level 2 findings: (i) the competent authority shall grant a corrective action implementation period that is appropriate to the nature of the finding, which in any case that shall initially not be more than 3 months. The period shall commence from the date of the written communication of the finding to the organisation, requesting corrective action to address the non-compliance identified. In certain circumstances, at At the end of this period, and subject to the nature of the finding and the past safety performance of the organisation, the competent authority can may extend the 3-month period provided that a satisfactory corrective action plan provided by the organisation has been agreed by the competent authority; and (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 them; (3) in case of level 3 findings, recommend to the organisation to take action so that the item identified does not result in a non-compliance with this Annex; (4) if an organisation fails to submit an acceptable corrective action plan, or fails 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 shall be taken as laid down in point (d)(1)(i); and (5) record all the findings that it has raised or that have been communicated to it in accordance with point (d) and, where applicable, the enforcement measures it has applied, as well as all the corrective actions and the dates of action closures for findings. (c) Action shall be taken by the competent authority to suspend the approval in whole or in part in case of failure to comply within the timescale granted by the competent authority. [Note: related AMC/GM: — GM1 21.B.125(b), 21.B.225(b) and 21.B430(b) Findings and corrective actions — GM1 21.B.125(b)(1) and 21.B.225(b)(1) Findings and corrective actions — AMC1 21.B.225(d) Findings and corrective actions] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 68 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 21.B.230 Issue of certificate (a) When satisfied that the production organisation is in compliance with the applicable requirements of Section A, Subpart G, the competent authority shall issue a Production Organisation Approval (EASA Form 55, see Appendix X) without undue delay. (b) The reference number shall be included on the EASA Form 55 in a manner specified by the Agency. [Note: related AMC/GM: — AMC No 1 to 21.B.230 Issue of the certificate (deleted)] 21.B.235 Continued surveillance (a) In order to justify the maintenance of the production organisation approval the competent authority shall perform continued surveillance: 1. to verify that the production organisation approval holder's quality system complies with Section A Subpart G; 2. to verify that the organisation of the production organisation approval holder operates in accordance with the production organisation exposition; 3. to verify the effectiveness of the production organisation exposition procedures; and 4. to monitor by sample the standards of the product, part or appliance. (b) Continued surveillance shall be performed in accordance with point 21.B.220. (c) The competent authority shall provide through planned continued surveillance that a production organisation approval is completely reviewed for compliance with this Annex I (Part 21) during a period of 24 months. The continued surveillance may be made up of several investigation activities during this period. The number of audits may vary depending upon the complexity of the organisation, the number of sites and the criticality of the production. As a minimum the holder of a production organisation approval shall be subject to continued surveillance activity by the competent authority at least once every year. [Note: related AMC/GM: — GM 21.B.235(a)(4) Guide to the conduct of monitoring production standards. (moved to GM1 21.B.222(b)(1)(ii) — GM 21.B.235(b) Maintenance of the POA —Work allocation within the competent authority (moved to GM1 21.B.222(a) — GM 21.B.235(b) and (c) Continued surveillance (moved to GM1 21.B.222(b) — AMC 21.B.235(c) Continuation of POA (moved to AMC1 21.B.222(b)(1) and 21.B.432(b)(1)] 21.B.240 Amendment of a production organisation approval (a) The competent authority shall monitor any minor change through the continued surveillance activities. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 69 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (b) The competent authority shall investigate as appropriate in accordance with point 21.B.220 any significant change of a production organisation approval or application by the holder of a production organisation approval for an amendment of the scope and terms of approval. (c) When the competent authority is satisfied that the requirements of Section A, Subpart G continue to be complied with it shall amend the production organisation approval accordingly. 21.B.240 Changes to a production organisation approval (a) Upon receiving an application for a change that requires prior approval, the competent authority shall verify the organisation’s compliance with the applicable requirements before issuing the approval. (b) The competent authority shall establish the conditions under which the organisation may operate during the change, unless the competent authority determines that the production organisation approval needs to be suspended. (c) When satisfied that the organisation is in compliance with the applicable requirements, the competent authority shall approve the change. (d) Without prejudice to any additional enforcement measures, if the organisation implements changes that require prior approval without having received the approval of the competent authority pursuant to point (c), the competent authority shall suspend, limit or revoke the organisation’s certificate. (e) For changes do not require prior approval, the competent authority shall include the review of such changes in its continuing oversight in accordance with the principles set forth in point 21.B.221. If any non-compliance is found, the competent authority shall: (1) notify the organisation about the non-compliance and request further changes; (2) in the case of level 1 or level 2 findings, act in accordance with point 21.B.225. [Note: related AMC/GM:  AMC1 No 1 to 21.B.240 Changes to a production organisation approval] 21.B.245 Suspension and revocation of a production organisation approval (a) In case of a level one or level two finding, the competent authority shall partly or fully limit, suspend or revoke a production organisation approval as follows: 1. in case of a level one finding the production organisation approval shall be immediately limited or suspended. If the holder of the production organisation approval fails to comply with point 21.A.158(c)(1), the production organisation approval shall be revoked; 2. in case of a level two finding, the competent authority shall decide on any restriction to the scope of approval by temporary suspension of the production organisation approval or parts thereof. If the holder of a production organisation approval fails to comply with point 21.A.158(c)(2), the production organisation approval shall be revoked. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 70 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (b) The limitation, suspension or revocation of the production organisation approval shall be communicated in writing to the holder of the production organisation approval. The competent authority shall state the reasons for the suspension or revocation and inform the holder of the production organisation approval of its right to appeal. (c) When a production organisation approval has been suspended it shall only be reinstated after compliance with Section A, Subpart G has been re-established. [Note: related AMC/GM: — GM 21.B.245 Continued validity (moved to GM1 21.B.65) — AMC 21.B.245 Corrective action plan (moved to AMC1 21.B.65)] 21.B.260 Record-keeping (a) The competent authority shall establish a system of record-keeping that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual production organisation approval. (b) The records shall at least contain: 1. the documents provided by the applicant for, or holder of, a production organisation approval certificate; 2. documents established during the investigation, in which the activities and the final results of the elements defined in point 21.B.220 are stated, including findings established in accordance with point 21.B.225; 3. the continued surveillance programme, including records of investigations performed; 4. the production organisation approval certificate, including changes; 5. minutes of the meetings with the holder of the production organisation approval. (c) The records shall be archived for a minimum retention period of six years. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 71 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART H — AIRWORTHINESS CERTIFICATES AND RESTRICTED CERTIFICATES OF AIRWORTHINESS 21.B.330 Suspension and revocation of certificates of airworthiness and restricted certificates of airworthiness (a) Upon evidence that any of the conditions specified in point 21.A.181(a) is not met, the competent authority of the Member State of registry shall suspend or revoke an airworthiness certificate. (b) Upon issuance of the notice of suspension and revocation of a certificate of airworthiness or restricted certificate of airworthiness the competent authority of the Member State of registry shall state the reasons for the suspension or revocation and inform the holder of the certificate of its right to appeal. 21.B.345 Record-keeping (a) The competent authority of the Member State of registry shall establish a system of record- keeping that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual airworthiness certificate. (b) The records shall at least contain: 1. the documents provided by the applicant; 2. documents established during the investigation, in which the activities and the final results of the elements defined in point 21.B.320(b) are stated; and 3. a copy of the certificate or permit, including amendments. (c) The records shall be archived for a minimum retention period of six years after leaving that national register. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 72 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART I — NOISE CERTIFICATES 21.B.430 Suspension and revocation of a noise certificate (a) Upon evidence that some of the conditions specified in point 21.A.211(a) are not met, the competent authority of the Member State of registry shall suspend or revoke a noise certificate. (b) Upon issuance of the notice of suspension and revocation of a noise certificate the competent authority of the Member State of registry shall state the reasons for the suspension and revocation and shall inform the holder of the certificate on its right to appeal. 21.B.445 Record-keeping (a) The competent authority of the Member State of registry shall establish a system of record- keeping with minimum retention criteria that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual noise certificate. (b) The records shall at least contain: 1. the documents provided by the applicant; 2. documents established during the investigation, in which the activities and the final results of the elements defined in point 21.B.420(b) are stated; 3. a copy of the certificate including amendments. (c) The records shall be archived for a minimum retention period of six years after leaving that national register. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 73 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART J — DESIGN ORGANISATION APPROVAL 21.B.430 Initial certification procedure (a) Upon receiving an application for the initial issue of a design organisation approval certificate, the competent authority shall verify the organisation’s compliance with the applicable requirements. (b) A meeting with the head of the design organisation shall be convened at least once during the investigation for initial certification to ensure that he or she fully understands the significance of the certification process, and the reason for signing the statement specified in point 21.A.243(b). (c) The competent authority shall record all the findings, closure actions (i.e. actions required to close a finding), and recommendations. (d) The competent authority shall confirm to the organisation in writing all the findings raised during the verification. For initial certification, all findings must be corrected to the satisfaction of the competent authority before the certificate can be issued. (e) When satisfied that the organisation complies with the applicable requirements and has corrected all the findings to its satisfaction, the competent authority shall issue a design organisation approval without undue delay. (f) The certificate reference number shall be included in the design organisation approval certificate in a manner specified by EASA. (g) The certificate shall be issued for an unlimited duration. The privileges and the scope of the activities that the organisation is approved to conduct, including any limitations as applicable, shall be specified in the terms of approval attached to the certificate. [Note: related AMC/GM: — AMC1 21.B.220 and 21.B.430 Initial certification procedure — AMC1 21.B.430 and 21.B.431 Initial certification procedure — AMC1 21.B.430(a) Initial certification procedure — AMC1 21.B.430(d)(1) Initial certification procedure] 21.B.431 Oversight principles (a) The competent authority shall verify: (1) compliance with the requirements that are applicable to organisations prior to issuing an organisation certificate; (2) continued compliance with the applicable requirements of the organisations that it has certified; (3) the implementation of appropriate safety measures mandated by the competent authority as defined in points 21.B.20(c) and (d). (b) This verification shall: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 74 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (1) be supported by documentation specifically intended to provide personnel responsible for safety oversight with guidance to perform their functions; (2) provide the organisations concerned with the results of safety oversight activities; (3) be based on assessments, audits, inspections, and, if needed, unannounced inspections; (4) provide the competent authority with the evidence needed in case further action is required, including the measures provided for in point 21.B.433. (c) The scope of the oversight defined in (a) and (b) shall take into account the results of past oversight activities and safety priorities. (d) The competent authority shall collect and process any information deemed useful for conducting oversight activities, including unannounced inspections. [Note: related AMC/GM: — AMC1 21.B.431(a), (b) and (c) Oversight principles] 21.B.432 Oversight programme (a) The competent authority shall establish and maintain an oversight programme that covers the oversight activities required by point 21.B.431(a). (b) The oversight programme shall be developed taking into account the specific nature of the organisation, the complexity of its activities, the results of past certification and/or oversight activities, and it shall be based on the assessment of the associated risks. It shall include within each oversight planning cycle: (1) assessments, audits and inspections, including unannounced inspections, and, as applicable: (i) management system assessments and process audits; (ii) product audits of a relevant sample of the products, parts and appliances that are under the scope of the organisation; and (iii) sampling of the work performed; and (2) meetings convened between the head of the design organisation and the competent authority to ensure that both remain informed of significant issues. (c) For organisations certified by the competent authority, an oversight planning cycle that does not exceed 24 months shall be applied. (d) Notwithstanding point (c), the oversight planning cycle may be extended to 36 months if the competent authority has established that during the previous 24 months: (1) the organisation has demonstrated that they it effectively identify aviation safety hazards and manage the associated risks; (2) the organisation has continuously demonstrated under point 21.A.247 that it has full control over all changes; (3) no level 1 findings have been issued; and TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 75 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (4) all corrective actions have been implemented within the time period that was accepted or extended by the competent authority as defined in point 21.B.433. Notwithstanding point (c), the oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the conditions provided in points (1) to (4) above, the organisation has established, and the competent authority has approved, an effective continuous system for reporting to the competent authority on the safety performance and regulatory compliance of the organisation itself. (e) The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased. (f) The oversight programme shall include records of the dates when assessments, audits, inspections and meetings are due, and when assessments, audits, inspections and meetings have been effectively carried out. (g) At the completion of each oversight planning cycle, the competent authority shall issue a recommendation report on the continuation of the approval, reflecting the results of oversight. Note: related AMC/GM: — AMC1 21.B.222 and 21.B.432 Oversight programme — AMC1 21.B.222(b) and 21.B.432(b) Oversight programme — AMC2 21.B.222(b) and 21.B.432(b) Oversight programme — AMC1 21.B.432(b)(1) Oversight programme — AMC1 21.B.432(c) Oversight programme — AMC2 21.B.222(c) and 21.B.432(c) Oversight programme — AMC1 21.B.432(d) Oversight programme] 21.B.433 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 it detects a non-compliance that may lead to uncontrolled non-compliances with the applicable requirements which lowers safety or seriously endangers flight safety. The level 1 findings shall also include: (1) any failure to give the competent authority access to the organisation's facilities as defined in point 21.A.9 during normal operating hours and after two written requests; (2) obtaining or maintaining the validity of the DOA certificate by falsification of the submitted documentary evidence; (3) any evidence of malpractice or of fraudulent use of the DOA certificate; (4) the lack of a head of the design organisation. (c) A level 2 finding shall be issued by the competent authority when any other non-compliance with the applicable requirements of this Annex which could lower the level of safety or endanger flight safety, is detected. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 76 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 (d) A level 3 finding shall be issued by the competent authority when there is objective evidence that it could lead to a non-compliance under points (b) or (c). (e) 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 the delegated and implementing acts adopted on the basis thereof, communicate the finding to the organisation in writing, and request corrective action to address the non-compliance(s) identified. If a finding directly relates to an aircraft, the competent authority shall inform the State in which the aircraft is registered. (d) The competent authority shall: (1) in the case of level 1 findings take immediate and appropriate action to prohibit or limit the activities of the organisation involved, and, if appropriate, it shall take action to revoke the design organisation approval 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 completed by the organisation; (2) in the case of level 2 findings: (i) grant a corrective action implementation period that is appropriate to the nature of the finding, which in any case shall initially not be more than 3 months. The period 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 the past safety performance of the organisation, the competent authority may extend the 3-month period provided that a satisfactory corrective action plan has been agreed by the competent authority; and (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 them; (3) in the case of level 3 findings, recommend to the organisation to take action so that the item identified does not result in a non-compliance with this Annex; (4) if an organisation fails to submit an acceptable corrective action plan, or fails 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 shall be taken as laid down in point (d)(1)(i); and (5) record all the findings that it has raised or that have been communicated to it in accordance with point (d) and, where applicable, the enforcement measures it has applied, as well as all the corrective actions and the dates of action closures for findings. [Note: related AMC/GM: — GM1 21.B.125(b), 21.B.225(b) and 21.B.430(b) Findings and corrective actions — AMC1 21.B.433(d) Findings and corrective actions] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 77 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 21.B.435 Changes to a design organisation approval (a) Upon receiving an application for a change that requires prior approval, the competent authority shall verify the organisation’s compliance with the applicable requirements before issuing the approval. (b) The competent authority shall establish the conditions under which the organisation may operate during the change, unless the competent authority determines that the design organisation approval needs to be suspended. (c) When satisfied that the organisation is in compliance with the applicable requirements, the competent authority shall approve the change. (d) Without prejudice to any additional enforcement measures, if the organisation implements changes that require prior approval without having received the approval of the competent authority pursuant to point (c), the competent authority shall suspend, limit or revoke the organisation’s certificate. (e) For changes that do not require prior approval, the competent authority shall include the review of those changes in their continuing oversight activities in accordance with the principles stated in point 21.B.431. In case of any non-compliance, the competent authority shall: (1) notify the organisation about the non-compliance and request further changes; (2) in case of level 1 or level 2 findings, act in accordance with point 21.B.433. [Note: related AMC/GM:  AMC1 21.B.435 Changes to a design organisation approval] TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 78 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 SUBPART P — PERMIT TO FLY 21.B.530 Revocation of permits to fly (a) Upon evidence that any of the conditions specified in point 21.A.723(a) are not met for a permit to fly it has issued, the competent authority shall revoke that permit to fly. (b) Upon issuance of the notice of revocation of a permit to fly the competent authority shall state the reasons for the revocation and inform the holder of the permit to fly on the right to appeal. 21.B.545 Record-keeping (a) The competent authority shall operate a system of record-keeping that provides adequate traceability of the process for the issue and revocation of each individual permit to fly. (b) The records shall at least contain: 1. the documents provided by the applicant; 2. documents established during the investigation, in which the activities and the final results of the elements defined in point 21.B.520(b) are stated; and 3. a copy of the permit to fly. (c) The records shall be kept for a minimum of six years after the permit ceases to be valid. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 79 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 APPENDICES TO ANNEX I EASA FORMS Regulation (EU) No 748/2012 When the Forms of this Annex are issued in a language other than English, they shall include an English translation. The EASA ('European Union Aviation Safety Agency') Forms referred to in the appendices to this Part shall have the following obligatory features. Member States shall ensure that the EASA Forms they issue are recognisable and shall be responsible for having those Forms printed. Appendix I — EASA Form 1 Authorised release Ccertificate Appendix II — EASA Form 15a Airworthiness Rreview Ccertificate Appendix III — EASA Form 20a Permit to Ffly Appendix IV — EASA Form 20b Permit to Ffly (issued by approved organisations) Appendix V — EASA Form 24 Restricted Ccertificate of Aairworthiness Appendix VI — EASA Form 25 Certificate of Aairworthiness Appendix VII — EASA Form 45 Noise Ccertificate Appendix VIII — EASA Form 52 Aircraft Sstatement of Cconformity Appendix IX — EASA Form 53 Certificate of Rrelease to Sservice Appendix X — EASA Form 55 Production Oorganisation Aapproval Ccertificate Appendix XI — EASA Form 65 Letter of Aagreement for production without production organisation approval Appendix XII — Categories of flight tests and associated flight test crew qualifications 85 TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 80 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 Appendix VIII — Aircraft statement of conformity — EASA Form 52 AIRCRAFT STATEMENT OF CONFORMITY 1. State of manufacture 2. [MEMBER STATE]1 A Member of the European 3. Statement Ref No: Union2 4. Organisation 5. Aircraft Type 6. Type-certificate Refs: 7. Aircraft Registration Or Mark 8. Manufacturers Identification No 3 9. Engine/Propeller Details 10. Modifications and/or Service Bulletins3 11. Airworthiness Directives 12. Concessions 13. Exemptions, Waivers or Derogations3 14. Remarks 15. Certificate of Airworthiness 16. Additional Requirements 17. Statement of Conformity It is hereby certified that this aircraft confirms conforms fully to the type-certificated design and to the items above in boxes 9, 10, 11, 12 and 13. The aircraft is in a condition for safe operation. The aircraft has been satisfactorily tested in flight. 18. Signed 19. Name 20. Date (d/m/y) 21. Production Organisation Approval Reference EASA Form 52 Issue 2. Instructions for the use of the Aaircraft Sstatement of Cconformity EASA Form 52 1. PURPOSE AND SCOPE 1.1. Use of the aircraft Sstatement of Cconformity issued by a production organisation manufacturer producing under Part 21 Section A Subpart F is described under point 21.A.130 and the corresponding acceptable means of compliance. 1.2. The purpose of the aircraft Sstatement of Csonformity (EASA Form 52) issued under Part 21 Section A Subpart G is to enable the holder of an appropriate production organisation approval to exercise the privilege to obtain an individual aircraft certificate of airworthiness from the competent authority of the Member State of registry. 2. GENERAL 2.1. The Sstatement of Cconformity must comply with the format attached, including the block numbers and the location of each block. The size of each block may, however, be varied to suit the individual application, but not to the extent that would make the 1 Or EASA if EASA is the competent authority. 2 Delete for non-EU Member States or EASA. 3 Delete as applicable. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 81 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 Sstatement of Cconformity unrecognisable. If in doubt, consult the competent authority. 2.2. The Sstatement of Cconformity must either be pre-printed or computer generated, but in either case, the printing of lines and characters must be clear and legible. Pre-printed wording is permitted in accordance with the attached model, but no other certification statements are permitted. 2.3. Completion may be either machine/computer printed or hand-written using block letters to permit easy reading. English, and where relevant, one or more of the official language(s) of the issuing Member State are acceptable. 2.4. A copy of the Sstatement and all the referenced attachments are to be retained by the approved production organisation. 3. COMPLETION OF THE STATEMENT OF CONFORMITY BY THE ORIGINATOR 3.1. There should be an entry in all the blocks to make the document a valid statement. 3.2. A Sstatement of Cconformity may not be issued to the competent authority of the Member State of registry unless the design of the aircraft and its installed products are approved. 3.3. The information required in blocks 9, 10, 11, 12, 13 and 14 may be by reference to separate identified documents held on file by the production organisation, unless the competent authority agrees otherwise. 3.4. This Sstatement of Cconformity is not intended to include those items of equipment that may be required to be fitted in order to satisfy the applicable operational rules. However, some of these individual items may be included in block 10 or in the approved type design. Operators are therefore reminded of their responsibility to ensure compliance with the applicable operational rules for their own particular operation. Block 1 Enter the name of the State of manufacture. Block 2 The competent authority under which authority the Sstatement of Cconformity is issued. Block 3 A unique serial number should be pre-printed in this block for statement control and traceability purposes. An exception is Except that iIn the case of a computer-generated document, the number need not be pre-printed where the computer is programmed to produce and print a unique number. Block 4 The full name and the address of the location of the organisation issuing the statement. This block may be pre-printed. Logos, etc. are permitted if the logo can be contained within the block. Block 5 The aircraft type in full as defined in the type certificate type-certificate and its associated data sheet. Block 6 The type certificate type-certificate reference numbers and issue for the subject aircraft. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 82 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 Block 7 If the aircraft is registered, then this mark will be the registration mark. If the aircraft is not registered, then this will be such a mark that is accepted by the competent authority of the Member State and, if applicable, by the competent authority of a third country. Block 8 The identification number assigned by the production organisation manufacturer for control and traceability and product support. This is sometimes referred to as a production organisation manufacturer Sserial No or Cconstructors No. Block 9 The engine type and the propeller type(s) in full as defined in the relevant type certificate type-certificate and its associated data sheet. Their production organisation manufacturer identification No and the associated location should also be shown. Block 10 Approved design changes to the aircraft definition. Block 11 A listing of all the applicable airworthiness directives (or equivalent) and a declaration of compliance, together with a description of the method of compliance of on the subject individual aircraft, including products and installed parts, appliances and equipment. Any future compliance requirement time should be shown. Block 12 Approved unintentional deviation deviations to from the approved type design, sometimes referred to as concessions, divergences, or non-conformances. Block 13 Only agreed exemptions, waivers or derogations may be included here. Block 14 Remarks. Any statement, information, particular data or limitation which may affect the airworthiness of the aircraft. If there is no such information or data, state; ‘NONE’. Block 15 Enter ‘Ccertificate of Aairworthiness’, or ‘Rrestricted Ccertificate of Aairworthiness’, or for the Ccertificate of Aairworthiness requested. Block 16 Additional requirements such as those notified by an importing country should be noted in this block. Block 17 The validity Validity of the Sstatement of Cconformity is dependent on full completion of all the blocks on the form. A copy of the flight test report, together with any recorded defects and rectification details, should be kept on file by the POA holder. The report should be signed as satisfactory by the appropriate certifying staff and a flight crew member, e.g. the test pilot or the flight test engineer. The flight tests performed are those defined under the control of the quality management element of the production system system, as established by point 21.A.139, in particular 21.A.139(d)(1)(vi) 21.A.139(b)(1)(vi), to ensure that the aircraft conforms with to the applicable design data, and is in condition for safe operation. The listing of items provided (or made available) to satisfy the safe operation aspects of this statement should be kept on file by the POA holder. Block 18 The Sstatement of Cconformity may be signed by the person authorised to do so by the production approval holder in accordance with point 21.A.145(d). A rubber stamp signature should not be used. Block 19 The name of the person signing the certificate should be typed or printed in a legible form. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 83 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 Block 20 The date on which the Sstatement of Cconformity is signed should be given. Block 21 The competent authority approval reference should be quoted. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 84 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 Appendix X — Production organisation approval certificate — EASA Form 55 Regulation (EU) No 748/2012 Production Oorganisation Aapproval Ccertificates referred to in Subpart G of Annex I (Part 21) [MEMBER STATE]1 A Member of the European Union2 PRODUCTION ORGANISATION APPROVAL CERTIFICATE Reference: [MEMBER STATE CODE1].21G.XXXX Pursuant to Regulation (EU) 2018/1139 Regulation (EC) No 216/2008 of the European Parliament and of the Council and to Commission Regulation (EU) No 748/2012 [(EC) No 1702/2003] for the time being in force and subject to the condition specified below, the [COMPETENT AUTHORITY OF THE MEMBER STATE] hereby certifies: [COMPANY NAME AND ADDRESS] as a production organisation in compliance with Annex I (Part 21), Section A, Subpart G of Regulation [(EU) No 748/2012 (EC) No 1702/2003], approved to produce products, parts and appliances listed in the attached approval schedule and issue related certificates using the above references. CONDITIONS: 1. This approval is limited to that specified in the enclosed terms of approval, and 2. This approval requires compliance with the procedures specified in the approved production organisation exposition, and 3. This approval is valid whilst the approved production organisation remains in compliance with Annex I (Part 21) of to Regulation EU) No 748/2012 [(EC) No 1702/2003]. 4. Subject to compliance with the foregoing conditions, this approval shall remain valid for an unlimited duration unless the approval has previously been surrendered, superseded, suspended or revoked. Date of original issue: ……………………………………………………………………………………………………………………………… Date of this revision: ……………………………………………………………………………………………………………………………….. Revision No: ……………………………………………………………………………………………………………………………………………. Signed: ……………………………………………………………………………………………………………………………………………………. For the competent authority: [COMPETENTAUTHORITY IDENTIFICATION 1] EASA Form 55a issue 2. 1 Or EASA if EASA is the competent authority. 2 Delete for non-EU Member States. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 85 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 [MEMBER STATE]1 TA: [MEMBER STATE Terms of Aapproval A Member of the European Union2 CODE1].21G.XXXX This document is part of Pproduction Oorganisation Aopproval Nnumber [MEMBER STATE CODE1].21G.XXXX issued to: Company name: Section 1. SCOPE OF WORK: PRODUCTION OF PRODUCTS/CATEGORIES For details and limitations, refer to the Production Organisation Exposition, Section xxx Section 2. LOCATIONS: Section 3. PRIVILEGES: The Production Organisation is entitled to exercise, within its Tterms of Aapproval and in accordance with the procedures of its Production Organisation Exposition, the privileges set forth defined in 21.A.163, Subject subject to the following: [keep only applicable text] Prior to approval of the design of the product, an EASA Form 1 may be issued only for conformity purposes. A Sstatement of Cconformity may not be issued for a non-approved aircraft Maintenance may be performed, until compliance with the maintenance regulations is required, in accordance with the Production Organisation Exposition Section xxx Permits to fly may be issued in accordance with the Production Organisation Exposition Section yyy Date of original issue: Signed: Date of this revision: Revision No.: For [COMPETENT AUTHORITY IDENTIFICATION1] EASA Form 55b Issue 2. 1 Or EASA if EASA is the competent authority. 2 Delete for non-EU Member States. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 86 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Proposed amendments to Part 21 Appendix XI — Letter of agreement for production without production organisation approval — EASA Form 65 Regulation (EU) No 748/2012 Letter of agreement referred to in Subpart F of Annex I (Part 21) [MEMBER STATE]1 A Member of the European Union2 LETTER OF AGREEMENT FOR PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL [NAME OF THE APPLICANT] [TRADE NAME (if different)] [FULL ADDRESS OF THE APPLICANT] Date (Day, Month, Year) Reference: [MEMBER STATE CODE2].21F.XXXX Dear Sirs,Mr/Ms [Name of the Applicant], Your production inspection system has been evaluated and found to be in compliance with Section A, Subpart A and Subpart F of Annex I (Part 21) of to Regulation [(EC) No 1702/2003] (EU) No 748/2012. Therefore, subject to the conditions specified below, we agree that the showing of conformity of the products, parts and appliances mentioned below may be done under Section A, Subpart F of Annex I (Part 21) of to Regulation [(EC) No 1702/2003](EU) No 748/2012]. No of Units P/N S/N AIRCRAFT PARTS The following conditions are applicable to this agreement: (1) It is valid whilst [Company Name] remains in compliance with Section A, Subpart A and Subpart F of Annex I (Part 21) of to Regulation [(EC) No 1702/2003](EU) No 748/2012. (2) It requires compliance with the procedures specified in [Company Name] Manual Rref./Issue date……………………… (3) It terminates on …………………………….. (4) The Sstatement of Cconformity issued by [Company Name] under the provisions of point 21.A.130 of the above-mentioned rRegulation shall be validated by the issuing authority of this letter of agreement in accordance with the procedure ……………………………. of the referenced manual. (5) [Company Name] shall notify the issuing authority of this letter of agreement immediately of any changes to the production inspection system that may affect the inspection, conformity, or airworthiness of the products and parts listed in this letter. For the competent authority: [COMPETENT AUTHORITY IDENTIFICATION (1)2] Date and Signature EASA Form 65, Issue 2. 1 Or EASA if EASA is the competent authority. 2 Delete for non-EU Member States. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 87 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Draft AMC & GM to Annex I (Part 21) to Regulation (EU) No 748/2012 (Draft EASA Decision) GM1 Annex I Definitions For the purpose of the AMC & GM to Part 21, the following definitions are used: Audit refers to a systematic, independent, and documented process for obtaining evidence, and evaluating it objectively to determine the extent to which requirements are complied with. Note: an audit may include an inspection Assessment in the context of management system performance monitoring, continuous improvement and oversight, refers to a planned and documented activity performed by competent personnel to:  review provided evidence in combination with demonstrated behaviour against the concepts and principles of a model or standard,  analyse the achieved levels of performance in relation to the organisation’s strategy and objectives, and  evaluate the ability of the organisation to reach these objectives. Note: assessment focuses on desirable outcomes and the overall performance, looking at the organisation as a whole. The main objective of the assessment is to identify strengths and weaknesses to drive continual improvement. Certificate is any certificate, approval, licence, authorisation, attestation or other document issued as the result of a certification attesting compliance with the applicable requirements. Competency is a combination of individual skills, practical and theoretical knowledge, attitude, training, and experience. Correction is the action to eliminate a detected non-compliance. Corrective action is the action to eliminate or mitigate the root cause(s) and prevent the recurrence of an existing detected non-compliance, or any other undesirable condition or situation. The proper determination of the root cause(s) is crucial for defining effective corrective actions to prevent reoccurrences. Error is an action or inaction by a person that may lead to deviations from the accepted procedures or regulations. Note: errors are often associated with occasions when a planned sequence of TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 88 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 mental or physical activities either fails to achieve its intended outcome, or is not appropriate with regard to the intended outcome, and when results cannot be attributed purely to chance. Hazard is a condition or an object that has the potential to cause or contribute to an aircraft incident or accident. Human factors is anything that affects human performance and refers to principles that apply to aeronautical design, certification, training, operations and maintenance, and which seek safe interfaces between the human and other system components by proper consideration of human performance. Human refers to human capabilities and limitations which have an impact on the performance safety and the efficiency of aeronautical operations. Near miss is an event in which an occurrence that has to be mandatorily reported according to Regulation (EU) No 376/2014 was narrowly averted or avoided. Example: a staff member, on rechecking his or her work at the end of a task, realises that one work card step was not properly carried out. Inspection in the context of compliance monitoring and oversight, refers to an independent and documented conformity evaluation by observation and judgement that is accompanied, as appropriate, by measurements, testing or gauging, in order to verify compliance with applicable requirements. Note: an inspection may be part of an audit (e.g. a product audit), but may also be conducted outside the normal audit plan, for example to verify the closure of a particular finding. Just Culture Ref. Regulation (EU) No 376/2014, Article 2. Organisational is a latent condition that affects the effectiveness of safety risk controls, factor related to culture, policies, processes, resources, and the workplace of an organisation. Oversight planning refers to the time frame within which all areas of the approval and all cycle processes should be reviewed by the competent authority by means of audits and inspections. Oversight refers to the detailed oversight schedule that defines the number of audits programme and inspections, the scope and duration of each audit and inspection, including details on product audits and locations, as appropriate, to be performed by the competent authority, and the tentative time frame for performing each audit and inspection. Preventive action is the action to eliminate the cause(s) of a potential non-compliance, or any TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 89 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 other undesirable potential situation. Risk assessment is an evaluation based on engineering and operational judgement and/or analysis methods in order to establish whether the achieved or perceived risk is acceptable or tolerable. Safety culture is an enduring set of values, norms, attitudes, and practices within an organisation concerned with minimising the exposure of the workforce and the general public to dangerous or hazardous conditions. In a positive safety culture, a shared concern for, commitment to, and accountability for safety is promoted. Safety risk refers to the predicted probability and severity of the consequences or outcomes of a hazard.  21.1 Competent authority GM2 Annex I Acronyms For the purpose of the AMC & GM to Part 21, the following acronyms are used: AFM Aircraft flight manual AMC Acceptable means of compliance CoA Certificate of airworthiness CRI Certification review item CS Certification specification CS-CCD Certification specification – cabin crew data CS-FCD Certification specification – flight crew data CS-GEN-MMEL Certification specification – generic master minimum equipment list CS-MMEL Certification specification – master minimum equipment list CS-MCSD Certification specification – maintenance certifying staff data CS-SIMD Certification specification – simulator data DO Design organisation DOA Design organisation approval TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 90 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 ELOS Equivalent level of safety ESF Equivalent safety finding ETSO European technical standard order OP Other party OSD Operational suitability data PO Production organisation POA Production organisation approval POATL Production organisation approval team leader POE Production organisation exposition GM Guidance material MOC Means of compliance RCoA Restricted certificate of airworthiness RTC Restricted type certificate SC Special condition SMS Safety management system STC Supplemental type certificate TC Type certificate TCDS Type certificate data sheet  21.1 Competent authority GM1 21.1 Competent authority RESPONSIBILITY FOR IMPLEMENTATION Each certificate or approval in accordance with Part 21 Section A Subparts F, G, H, I and P will normally be issued and controlled by the competent authority of the Member State in whose country the applicant or holder is located. Therefore, to ensure consistency between the competent authorities of the Member States in issuing certificates and approvals, the implementation of Part 21 should be based on the following three principles: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 91 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (a) The establishment and maintenance of an effective organisation and the corresponding processes by all competent authorities. (b) The operation of all the competent authorities in accordance with Part 21 and its acceptable means of compliance (AMC) and guidance material (GM). (c) A standardisation process established and operated by EASA to assess the standard achieved, and to provide timely advice and guidance to the competent authorities of the Member States. As a result, the responsibility for implementation consists of the two main objectives: (a) To ensure that certificates and approvals are only granted to applicants that comply with the requirements of Part 21; and (b) To ensure that there is sufficient visibility of the processes to give EASA and the other Member States the necessary confidence in the certificates or approvals granted.  21.1 Competent authority GM1 21.1(c) Competent authority PERMIT TO FLY An aircraft registered in a Member State is under the responsibility of this Member State regarding continuing airworthiness aspects. Consequently, any permit to fly under Part 21 is issued by that Member State, including any cases in which the aircraft will fly in another State. The permit to fly contains all the conditions and restrictions to ensure safe flight, but other airspace and operational rules remain within the competence of the authority of the State where the flight will take place. The applicant is also therefore required to ensure compliance with the relevant regulations of that State.  21.1 Competent authority TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 92 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 SECTION A TECHNICAL REQUIREMENTS SUBPART A — GENERAL PROVISIONS AMC1 No 1 to 21.A.3A(a)(1) Occurrence reporting Collection, investigation and analysis of data related to Flammability Reduction Means (FRM) Reliability COLLECTION, INVESTIGATION AND ANALYSIS OF DATA RELATED TO FLAMMABILITY REDUCTION MEANS (FRM) RELIABILITY Applicants for or holders Holders of a TC type-certificate, RTCtype-certificate, STCtype-certificate or any other relevant approval deemed to have been issued under Part 21 and which have included a an FRM in their design should assess on an on-going ongoing basis the effects of aeroplane component failures on FRM reliability. This should be part of the system for the collection, investigation and analysis of data required by point 21.A.3A(a)(1). The applicant/holder should do the following: (a) Demonstrate effective means to ensure collection of FRM reliability data. The means should provide data affecting FRM reliability, such as component failures. (b) Unless alternative reporting procedures are approved by the Agency EASA, provide a report to the Agency EASA every six 6 months for the first five years after service introduction. After that period, continued reporting every six 6 months may be replaced with other reliability tracking methods found acceptable to the Agency EASA or eliminated if it is established that the reliability of the FRM meets, and will continue to meet, the exposure specifications of paragraph M25.1 of Appendix M to CS-25. (c) Develop service instructions or revise the applicable aeroplane manual, according to a schedule approved by the Agency EASA, to correct any failures of the FRM that occur in service that could increase any fuel tank’s Fleet Average Flammability Exposure to more than that specified by paragraph M25.1 of Appendix M to CS-25.  21.A.3A Occurrence reporting AMC2 No 2 to 21.A.3A(a)(1) Occurrence reporting Collection, investigation and analysis of data related to ETOPS significant occurrences COLLECTION, INVESTIGATION AND ANALYSIS OF DATA RELATED TO ETOPS SIGNIFICANT OCCURRENCES (1) Applicants for or holders Holders of a TC type-certificate, RTC type-certificate, STCtype- certificate or any other relevant approval deemed to have been issued under Part 21 and which includes extended range operation with two-engined aeroplane (ETOPS) capability should implement a specific tracking, reporting and resolution system for ETOPS significant occurrences, suitable to ensure the initial and continued fleet compliance with the applicable TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 93 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 ETOPS reliability objectives. This system should be part of the system for collection, investigation and analysis of data required by point 21.A.3A(a). Appropriate coordination should exist between the engine TC holder, the propeller TC holder, and the APU ETSO authorisation holder with and the aircraft TC holder to ensure compliance with the ETOPS reliability objectives. (2) For the tracking, reporting and resolution of ETOPS significant occurrences, refer to the latest edition of AMC 20-6 (see the AMC-20 document).  21.A.3A Occurrence reporting GM1 21.A.3A(a) and 21.A.3A(b) Occurrence reporting The system for collection, investigation and analysis of data COLLECTING SYSTEM In the context of this requirement, the word ‘Ccollection’ refers to means the setting up of systems and procedures which will enable relevant malfunctions, failures and defects to be properly reported when they occur.  21.A.3A Occurrence reporting GM2 21.A.3A(b)(a) and (b) Occurrence reporting For occurrence reporting, refer to the latest edition of AMC 20-8 (see the AMC-20 document).  21.A.3A Occurrence reporting GM1 21.A.3A(a)(1) and (b)(1) Occurrence reporting MANDATORY AND VOLUNTARY OCCURRENCE REPORTING The list below provides an overview of the main elements of an occurrence reporting system that is compliant with Regulation (EU) No 376/2014, and provides references to the relevant Articles of Regulation (EU) No 376/2014. (a) An occurrence reporting system that caters both for mandatory and voluntary reporting (see Articles 4 and 5). Note 1: the mandatory reporting system established under Regulation (EU) No 376/2014 is also intended for the reporting of those additional items that qualify for mandatory reporting that are defined in Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. Note 2: the voluntary reporting system is intended to facilitate the collection of details of occurrences that may not be captured by the mandatory system, and of other safety-related information which is perceived by the reporting organisation as indicating that there is an actual or potential hazard to aviation safety. (b) The designation of one or more persons to independently handle the collection, evaluation, processing, analysis and storage of details of occurrences with regard to data collection and hazard identification (see Article 6(1)). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 94 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Note 1: in agreement with their competent authority, small organisations may make use of simplified mechanisms to ensure the collection, evaluation, processing, analysis and storage of details of occurrences, possibly by sharing those tasks with other similar organisations. Note 2: an existing internal safety-reporting scheme, which collects safety-relevant data, proposals and information, including data on potential safety issues that have not resulted in any occurrence, may serve as a basis for the mandatory and voluntary occurrence reporting system. From this pool of safety-relevant information and data collected internally, the organisation will determine whether a mandatory report is required or whether a voluntary report may be adequate. (c) The reporting of details of occurrences collected under the mandatory scheme as soon as possible, and in any event, no later than 72 hours after becoming aware of the occurrence (see Article 4(8) & (9); Note 1: the reference to ‘becoming aware of’ an occurrence implies that a person in the organisation identifies the occurrence as one that falls into the category of a mandatory occurrence report — usually through being involved in the occurrence or witnessing it, but also on review or investigation of information reported to the organisation’s safety reporting scheme. In the case of design or production organisations, the 72-hour period starts at the point when the unsafe condition is identified. In the case of automated data collection systems, the 72-hour period starts when the person responsible for the analysis of the data detected the reportable occurrence. Note 2: the 72-hour time frame does not apply to the reporting of details of occurrences which may involve an actual or potential aviation safety risk, or to safety-related information collected under the voluntary scheme. These are to be reported in a timely manner (see Article 5 (5) & (6)). (d) The establishment of data quality checking processes, to ensure that the information initially collected and the data stored in the database(s) are consistent (see Article 7(3). Note: it is understood that data quality checking processes should address four main areas: — errors in data entry; — the completeness of data, specially referring to mandatory data; — the proper use of the ADREP taxonomy; — improving the consistency of data, notably between the information collected initially and the report stored in the database (see Article 7(3)). (e) The storage of occurrence reports that qualify for mandatory and voluntary reporting in one or more databases (see Article 6(5)) using formats that are standardised to facilitate information exchange and are compatible with the ECCAIRS software and the ADREP taxonomy (see Article 7(4)). Note: organisations that are able to report through an ECCAIRs software compatible reporting system provided by their competent authority are deemed automatically compliant with the reporting system requirements in Article 7(4) and do not need to have their own ECCAIRS software compatible reporting system. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 95 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (f) The application of the safety risk management process to occurrences: (1) identification of the safety hazards associated with identified occurrences or groups of occurrences reported to the competent authority (see Article 13(1)); (2) analysis of the related risks in terms of the probability and severity of the outcomes, as well as the assessment of risks in terms of their tolerability; (3) based on the result of the risk assessment: the determination of the need for mitigation action, as required to improve aviation safety (see Article 13(2)); and (4) monitoring the timely implementation and effectiveness of any mitigation action that is required (see Article 13(2)). (g) If the organisations identify that no potential aviation unsafe condition exists as a result of their analysis of occurrences: (1) they can delay the reporting to EASA up to the issuance of the final report and report the occurrence as closed on issue (data exchange). In such cases, no follow-up report should be submitted. However, the report to EASA should include confirmation and justification that no unsafe condition exists. It is requested that the organisation provides information on the cause(s) of the occurrence and on the corrective or preventive actions (if any) put in place by the organisation; or (2) after an initial report was sent, the closure report should include confirmation and justification that no unsafe condition exists. It is requested that the organisation provides information on the cause(s) of the occurrence and on the corrective or preventive actions (if any) put in place by the organisation. This way of reporting should not be understood as an accepted deviation from the requirements of Part 21 or the requirements of Regulation (EU) No 376/2014. If, at any stage during the course of the investigation, the organisation identifies that a potential unsafe condition exists, it should be reported to EASA within 72 hours. (h) If the organisation identifies an actual or potential aviation safety risk as a result of its analysis of occurrences or group of occurrences, it should transmit the following information to the competent authority within 30 days from the date of notification of the occurrence to the authority (see Article 13(4)): (1) the latest position of the organisation as to whether the (potential) unsafe condition is confirmed; (2) the occurrence analysis and first investigation results — including the cause(s) of occurrence if known; (3) the containment actions that have already been defined and put in place (if any); (4) a risk assessment supporting that the product can be operated safely (see GM 21.A.3B(d)(4) Defect correction — Sufficiency of proposed corrective action or the relevant DOA procedure) until the corrective actions have been defined and implemented, or until a more refined risk assessment can be provided. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 96 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Organisations are encouraged to provide a complete analysis and follow-up as soon as available and, in principle, no later than 3 months after the occurrence notification. It is recognised that analysing an occurrence may take longer than 3 months, especially in the event of a complex investigation or where the services of a specialist investigator are required. The follow-up requirements are not intended to jeopardise the quality and thoroughness of an occurrence analysis. It may be detrimental to safety if rushed in order to be completed within the encouraged 3-month period without properly establishing the root cause(s) and determining the relevant remedial action. The final (close-out) report shall include: (1) the final TC holder position as to whether a (potential) unsafe condition exists; (2) the occurrence analysis and final investigation results — including the cause(s) of occurrence; (3) the corrective and preventive actions; and (4) a risk assessment supporting that these corrective and preventive actions allow the product to be operated safely (refer to GM 21.A.3B(d)(4) Defect correction — Sufficiency of proposed corrective action or the relevant DOA procedure). Note: the legal obligation to provide the initial results of the analysis of the occurrence, follow-up reports and final results lies with the other organisation that is the source of the initial report. If an organisation receives a copy of a report from another organisation that initially reported the occurrence to the competent authority, depending on its contribution to the actual or potential aviation safety risk that underlies the occurrence, it may, however, be required to perform its own analysis of the issue reported, and to provide a follow-up report to the competent authority. (i) Safety policy and just culture: consultation of staff representatives to ensure that there is mutual agreement on and adoption of rules that describe how the ‘just culture’ principles are guaranteed and implemented within the organisation. Note 1: the purpose of those rules is to ensure that none of the employees and contracted personnel that report or are mentioned in occurrence reports, either mandatory or voluntary, are subjected to any prejudice by their employer or any other organisation for which the services are provided on the basis of the information supplied by the reporter (see Article 16(9)), unless an exception applies (see Article 16(10)). Note 2: staff representatives may be nominated either by the union(s) or by the staff themselves. (j) Ensuring that employees and contracted personnel are regularly provided with information concerning the analysis of, and follow-up on, occurrences for which mitigation action is taken (see Article 13(3)), while ensuring that only anonymised information is distributed. (k) Ensuring that personal details are only made available to staff members of their organisation other than the persons designated in accordance with point (c) if this is necessary to investigate occurrences with a view to enhancing aviation safety. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 97 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (l) Ensuring that reports addressed to the competent authority contain at least the information listed in Annex I to Regulation (EU) No 376/2014.  21.A.3A Occurrence reporting GM1 21.A.3A(a)(1)(ii) and (b)(1)(i) Occurrence reporting INTERNAL SAFETY REPORTING SCHEME The overall purpose of the internal safety reporting scheme is to use reported information to improve the level of the safety performance of the organisation, and not to attribute blame. The objectives of the scheme are to: (a) enable an assessment of the safety implications of each relevant incident (errors), safety issue and hazard reported, including previous similar issues, so that any necessary action can be initiated; and (b) ensure that knowledge of relevant incidents, safety issues and hazards is distributed so that other persons and organisations may learn from them. The scheme is an essential part of the overall monitoring function, and it should be complementary to the normal day-to-day procedures and ‘control’ systems; it is not intended to duplicate or supersede any of them. The scheme is a tool to identify those instances when routine procedures have failed or may fail. All safety reports that are judged to be reportable by the person submitting the report should be retained, as the significance of such reports may only become obvious at a later date. Typical occurrences to be reported are those where aviation safety was, or could have been endangered, or which could have led to an unsafe condition. If, in the view of the reporter, an occurrence did not endanger aviation safety but, if it was repeated in different but likely circumstances, would create an unsafe situation that could lead to an accident or a serious incident, then a report should be made. What is judged to be reportable on one class of product, part, or appliance may not be the same for another, and the absence or presence of a single factor, organisational, human, or technical, can transform an occurrence into an accident or serious incident. The collection and analysis of timely, appropriate and accurate data will allow the organisation to react to the information received, and apply the necessary action.  21.A.3A Occurrence reporting AMC1 21.A.3A(b)(2)(d) Occurrence reporting Reporting to the Agency REPORTING TO EASA Within the overall limit of 72 hours, the degree of urgency for the submission of a report should be determined by the level of hazard that is judged to have resulted from the occurrence. Where If an occurrence is judged by the person identifying the possible unsafe condition to have resulted in an immediate and particularly significant hazard, the Agency EASA (or the competent TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 98 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 authority of the Member State as required) expects to should be advised immediately and by the fastest possible means (telephone, fax, email, telex, etc.) of whatever details are available at that time. This initial report must be followed up by a full written report within 72 hours. An A typical example would be an uncontained engine failure resulting in damage to aircraft primary structure. In all other cases in which the possible unsafe condition does not result Where the occurrence is judged to have resulted in a less an immediate and less more significant hazard, the report submission may be delayed up to the maximum of three 3 days in order to provide more details.  21.A.3A Occurrence reporting AMC1 21.A.5 Record-keeping (a) The record-keeping system should ensure that all the records required by point 21.A.5 are accessible within a reasonable time. These records should be organised in a manner that ensures that there is traceability and retrievability throughout the required retention period. (b) The records should remain legible throughout the required retention period and be protected against damage, alteration and tampering. (c) The format of the records should be specified in the organisation’s procedures. (d) Organisations approved according to Subparts G and J of Part 21 should ensure that the following records related to the management system defined in accordance with 21.A.139 and 21.A.239 are retained as long as the organisation carries out activities related to Part 21: (1) the relevant records of management system key processes as defined in points 21.A.126A, 21.A.139, 21.A.239; and (2) contracts, including with partners, subcontractors and suppliers, (e) The organisation should ensure that copies of all the documents and supporting information developed: (1) under the privileges according to points 21.A.163 and 21.A.263; or (2) for major repairs, major changes, STCs, and RTCs not issued under privileges according to point 21.A.263, are retained until 3 years after the date when the organisation ceases to hold the TC, RTC, STC, ETSO authorisation, major repair design approval, or production organisation approval. (f) The retention period starts when the record is created or when it was last amended. (g) If the organisation transfers a certificate or a letter of agreement to another natural or legal person, the records related to the certificate should be transferred to the new holder.  21.A.5 Record-keeping GM1 21.A.5 Record-keeping For organisations that hold or have applied for a TC, RTC, STC, ETSO authorisation, major repair design approval, permit to fly, production organisation approval or letter of agreement under Part 21, the relevant design information/data includes at least, as applicable: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 99 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 — design data such as type design data as defined in point 21.A.31 and changes to that data, ETSO design data, and repair design data; — drawings and test reports, including inspection records for the product tested; — the certification programme; and — compliance demonstration data. For production organisations, the relevant records include at least: — conformity justification data with a specific focus on the production and inspection phases; and — conformity attestation data (e.g. EASA Form 1, EASA Form 52). — 21.A.5 Record-keeping AMC1 21.A.5(a) and 21.A.433(a) Record-keeping REPAIR DESIGN (a) The relevant substantiation data associated with a new major repair design and record-keeping should include: (1) identification of the damage and the source of the report; (2) the major repair design approval sheet, identifying the applicable specifications and the references of the justifications; (3) the repair drawing and/or instructions, and the scheme identifier; (4) any correspondence with the TC, STC, or APU ETSO authorisation holder, if its advice on the design has been sought; (5) the structural justification (static strength, fatigue, damage tolerance, flutter, etc.) or references to this data; (6) the effect on the aircraft, engines and/or systems, (performance, flight handling, etc. as appropriate); (7) the effect on the maintenance programme; (8) the effect on the airworthiness limitations, the flight manual and the operating manual; (9) any change in the weight and moment; and (10) any special test requirements. (b) The relevant minor repair documentation includes points (a)(1) and (a)(3). Other elements of point (a) may be included where necessary. If the repair is outside the approved data, a justification for the classification is required. (c) Special consideration should be given to repairs that impose subsequent limitations on the part, product or appliance (e.g. engine turbine segments that may only be repaired a finite number of times, the number of repaired turbine blades per set, oversizing of fastener holes, etc.). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 100 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (d) Special consideration should also be given to life-limited parts and critical parts, notably with the involvement of the TC or STC holder, when deemed necessary under point 21.A.433(b). (e) Repairs to engines or to APU critical parts would normally only be accepted with the involvement of the TC holder.  21.A.5 Record-keeping GM1 21.A.5(a) and (b) Record-keeping RECORDING AND ARCHIVING SYSTEM Records within a design or production environment satisfy two purposes. Firstly, they are required, during the: — design process to ensure that the configuration of products, parts, or appliances is in compliance with the certification basis; or — production process to ensure that products, parts, or appliances are in conformity with the controlling data throughout the manufacturing cycle. Secondly, certain records of milestone events are needed to subsequently provide objective evidence that all the prescribed stages of the design or production process have been satisfactorily completed. Therefore, the approved design or production organisation or natural or legal person who produces products, parts and appliances under Part 21 Subpart G are required to implement a system for the compilation and retention of records during all stages of design or production, covering short-term and long-term records appropriate to the nature of the product and its processes. The management of such information is subject to the appropriately documented procedures in the management system required by points 21.A.139, 21.A.239 or in the manual required by point 21.A.125A(b), as appropriate. All forms of recording media are acceptable (paper, film, magnetic, etc.) provided they can meet the required duration for archiving under the conditions provided. The related procedures are required to: — identify the records to be kept; — describe the organisation of, and responsibility for, the archiving system (its location, compilation, format) and the conditions for access to the information (e.g. by product, subject); — control access to the data and provide effective protection from deterioration or accidental damage; — ensure the continued readability of the records; — demonstrate to the competent authority the proper functioning of the records system; — define an archiving period for each type of data subject to the following: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 101 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21  production data which supports the conformity of a product, part, or appliance is kept for not less than 3 years from the issue date of the related statement of conformity or authorised release certificate.  design data which supports the compliance of a product, part, or appliance is kept for not less than 3 years after the surrender or revocation of the TC, RTC, STC, major repair or ETSO authorisation This may include minor changes and minor repairs to those TCs, RTCs, STCs, major repairs, or ETSO authorisations; and  data that is considered essential for continuing airworthiness is kept throughout the operational life of the product, part or appliance;  for organisations approved according to Subparts G and J of Part 21, ensure that the recording and record-keeping system used by the partners, suppliers and subcontractors meet the record-keeping objectives with the same level of confidence as for their own system. In each case, it should be defined who is to retain the data record (organisation or partner, supplier or subcontractor) as well as the method for surveillance of the recording/record-keeping system of the partners, suppliers or subcontractors; and  for natural or legal persons who produce items under Part 21 Subpart F, the data related to supplied parts may be retained by the supplier if the supplier has a system agreed under Part 21, Section A, Subpart F, by the competent authority. The production organisation manufacturer, in each case, is required to define the archiving period and satisfy itself and the competent authority that the recording media are acceptable.  21.A.5 Record-keeping AMC1 21.A.5(e) Record-keeping RECORD OF PERSONNEL INVOLVED IN DESIGN OR PRODUCTION (a) The following should be the minimum information to be recorded for each person who exercises the privileges of an organisation approved according to Subparts G and J of Part 21 according to points 21.A.163 or 21.A.263, or who carries out the independent monitoring of compliance and adequacy according to point 21.A.139(f) and 21.A.239(f): (1) name (2) date of birth (3) basic training and standard attained (4) specific training and standard attained (5) continuation training (if appropriate) (6) experience (7) scope of the authorisation (8) date of first issue of the authorisation (9) expiry date of the authorisation (if appropriate) (10) identification number of the authorisation TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 102 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (b) The record may be kept in any format and should be controlled by an internal procedure of the organisation. This procedure forms part of the management system. (c) The person should be given reasonable access on request to his or her own records in respect of provisions defined by Regulation (EU) 2016/679. (d) A production organisation should keep the record for at least 3 years after the: (1) person has ceased employment with the organisation or has changed his or her position in the organisation, or the withdrawal of the authorisation in the case of certifying staff, whichever is the sooner. (2) the organisation surrendered the TC, RTC, STC, ETSO authorisation, major repair design approval, or production organisation approval. (e) A design organisation should retain the records as long as it carries out activities related to Part 21.  21.A.5 Record-keeping GM1 21.A.9 Investigations ARRANGEMENTS The arrangements made by the applicant for, or holder of a TC, RTC, STC, ETSO authorisation, major repair design approval, permit to fly, production organisation approval or letter of agreement under Part 21 are required to allow the competent authority to make investigations that include the complete organisation including its partners, subcontractors and suppliers, whether they are in the State of the applicant or not. The investigations may include audits, enquiries, questions, discussions and explanations, monitoring, witnessing, inspections, checks, flight and ground tests and inspections of completed products, parts or appliances designed or produced. In order to maintain its confidence in the standards achieved by the organisation, the competent authority may make an investigation of a sample product part or appliance and its associated records, reports and certifications. The arrangements are required to enable the organisation to give positive assistance to the competent authority and cooperate in performing the investigation during both the initial assessment and for the subsequent surveillance. Cooperation in performing investigations refers to the competent authority having been given full and free access to the facilities and to any information relevant to demonstrate compliance with the Part 21 requirements, and assistance (personnel support, records, reports, computer data, etc. as necessary). Assistance to the competent authority includes all the appropriate means associated with the facilities of the organisation to allow the competent authority to perform these investigations, such as the availability of a meeting room, office and personnel support, documentation and data, and communication facilities, all properly and promptly made available as necessary. The competent authority seeks to have an open relationship with the organisation, and suitable liaison personnel are required to be nominated to facilitate this, including suitable representative(s) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 103 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 to accompany competent authority staff during visits, not only at the organisation’s own facilities, but also at subcontractors, partners or suppliers.  21.A.9 Investigations TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 104 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL AMC1 No1 to 21.A.122 Eligibility — Link between design and production LINK BETWEEN DESIGN AND PRODUCTION An ‘arrangement’ is considered suitable if it is documented and satisfies the competent authority that co-ordination coordination is satisfactory. To achieve satisfactory coordination co-ordination, the documented arrangements must at least define the following aspects, irrespective of whether the design organisation and the person producing or intending to produce under Part 21 Subpart F are separate legal entities or not: (a)1 The responsibilities of a design organisation which assure correct and timely transfer of up-to- date applicable design data (e.g., drawings, material specifications, dimensional data, processes, surface treatments, shipping conditions, quality requirements, etc.); (b)2 The responsibilities and procedures of the production organisation manufacturer for receiving, managing and using the applicable design data provided by the design organisation;. (c)3 The responsibilities and procedures of the production organisation manufacturer for developing, where applicable, its own manufacturing data in compliance with the applicable design data package;. (d)4 The responsibilities of the production organisation manufacturer to assist the design organisation in dealing with continuing airworthiness matters and for required actions (e.g., traceability of parts in case of direct delivery to users, retrofitting of modifications, traceability of processes’ outputs and approved deviations for individual parts as applicable, technical information and assistance, etc.); (e)5 The scope of the arrangements covering Subpart F requirements, in particular: points 21.A.126(a)(4), and 21.A.129(d) and (f) 21.A.3A and any associated GM or AMC;. (f)6 The responsibilities of the production organisation manufacturer, in the case of products prior to type certification, to assist a design organisation in demonstrating compliance with the CS (access and suitability of production and test facilities for manufacturing and testing of prototype models and test specimen); (g)7 The procedures to deal adequately with production deviations and non-conforming parts; (h)8 The means to achieve adequate configuration control of manufactured parts, to enable the production organisation manufacturer to make the final determination and identification for conformity or airworthiness release and eligibility status; (i)9 The identification of responsible persons/offices who controls control the above; and. (j)10 The acknowledgment by the holder of the TC/STC/repair or change approval/ETSO authorisation that the approved design data provided, controlled and modified in accordance with the arrangement are is recognised as approved. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 105 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 In many cases, the person producing or intending to produce under Part 21 Subpart F may receive the approved design data through an intermediate production organisation. This is acceptable, provided that an effective link between the design approval holder and the production organisation can be maintained to satisfy the intent of point 21.A.122. When the design organisation and the production organisation manufacturer are two separate legal entities, a Ddirect Ddelivery Aauthorisation should be available for direct delivery to end users in order to guarantee continued airworthiness control of the released parts and appliances. Where there is no general agreement for Ddirect Ddelivery Aauthorisation, specific permissions may be granted (see AMC 21.A.4). AMC1 21.A.124 Application An applicant should submit to the competent authority an EASA Form 60 (see below) completed in all blocks. EASA Form 60 Application for agreement of production under Part 21 Subpart F Competent authority of an EU Member State or EASA 1. Registered name and address of the applicant: 2. Trade name (if different): 3. Location(s) of manufacturing activities: 4. Description of the manufacturing activities under application a) Identification (TC, P/N , … as appropriate): b) Termination (No. of units, Termination date, …): 5. Evidence supporting the application, as per point 21.A.124(b): 6. Links/arrangements with design approval holder(s)/ design organisation(s) where different from Block 1. : 7. Human resources: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 106 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 8. Name of the person signing the application: ______________________________ ______________________________________ Date Signature EASA Form 60 Issue 3 Block 1: the name of the applicant should be entered. For legal entities, the name should be as stated in the register of the National Companies Registration Office. In this case, a copy of the entry in the register of the National Companies Registration Office should be provided to the competent authority. Block 2: state the trade name by which the applicant is known to the public if it is different from the information given in Block 1. The use of a logo may be indicated in this block. Block 3: state all the locations of the manufacturing activities that are covered by the application. Only those locations should be stated that are directly under the control of the applicant stated in Block 1. Block 4: this block should include further details of the manufacturing activities under the approval for the addresses indicated in Block 3. The ‘Identification’ block should indicate the products, parts or appliances intended to be produced, while the ‘Termination’ block should address any information on the limitation of the activity, e.g. by stating the intended number of units to be manufactured or the expected date of completion of the manufacturing activities. Block 5: this block should state the evidence that supports the determination of applicability as stated in point 21.A.121. In addition, an outline of the manual required by point 21.A.125A(b) should be provided with the application. Block 6: the information entered here is essential for the evaluation of the eligibility of the application. Therefore, special attention should be given concerning the completion of this block, either directly, or by reference to supporting documentation in relation to the requirements of point 21.A.122 and AMC1 21.A.122. Block 7: the information to be entered here should reflect the number of staff, or in the case of an initial approval, the intended number of staff, for the manufacturing activities under this application, and therefore it should also include any associated administrative staff. Block 8: State the name of the person authorised to sign the application. GM 21.A.124(a) Application – Application form EASA Form 60 (see AMC 21.B.120(c)(1)) should be obtained from the competent authority and completed by the applicant. An application may be accepted from:  An individual applying on his or her own behalf, or  In the case of an organisation, an individual with the authority to make agreements on behalf of the organisation. The completed form should be forwarded to the competent authority. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 107 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC1 21.A.124A Alternative means of compliance In order to demonstrate that the requirements are met, a risk assessment should be completed and documented. The result of this risk assessment should demonstrate that the alternative means of compliance reaches a level of safety that is acceptable to the competent authority.  21.A.124A Alternative means of compliance GM No 1 to 21.A.158(a) Uncontrolled non-compliance with applicable design data An uncontrolled non-compliance with applicable design data is a non-compliance:  that cannot be discovered through systematic analysis; or  that prevents identification of affected products, parts, appliances, or material. GM No 2 to 21.A.158(a) Examples of level one findings Examples of level one findings are non-compliances with any of the following points, that could affect the safety of the aircraft: 21.A.126, 21.A.127, 21.A.128, 21.A.129.. It should be anticipated that a non-compliance with these points is only considered a level one finding when objective evidence has been found that this finding is an uncontrolled non-compliance that could affect the safety of the aircraft. GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings CAUSAL ANALYIS It is important that the causal analysis does not primarily focus on establishing who or what caused the non-compliance, but on why it was caused. Establishing the root-cause(s) of a non-compliance often requires an overarching view of the events and circumstances that led to it, to identify all the possible systemic and contributing factors (regulatory, human factors, organisational factors, technical, etc.) in addition to the direct factors. A narrow focus on single events or failures, or the use of a simple, linear model, such as fault tree, to identify the chain of events that led to the non-compliance may not properly reflect the complexity of the issue, and, it therefore bears the risk that important factors that need to be addressed in order to prevent reoccurrences will be ignored. Such an inappropriate or partial causal analysis often leads to defining ‘quick fixes’ that only address the symptoms of the non-conformity. A peer review of the results of the causal analysis may increase its reliability and objectivity. A system description of the organisation that considers the organisational structures, processes and their interfaces, procedures, staff, equipment, facilities and the environment in which the organisation operates, will support both effective causal (reactive) and hazard (proactive) analysis.  21.A.125B Findings TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 108 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 GM 21.A.126(b)(6) Production inspection system – Recording and record keeping 1. Records within a production environment satisfy two purposes. Firstly, they should, during the production process to ensure that products, parts, or appliances are in conformity with the controlling data throughout the manufacturing cycle. Secondly, certain records of milestone events are needed to subsequently provide objective evidence that all prescribed stages of the production process have been satisfactorily completed and that compliance with the applicable design data has been achieved. Therefore, the person producing under Part 21 Subpart F should implement a system for the compilation and retention of records during all stages of manufacture, covering short-term and long-term records appropriate to the nature of the product and its production processes. The management of such information should be subject to appropriate documented procedures in the Manual required by 21.A.125A(b). All forms of recording media are acceptable (paper, film, magnetic ...) provided they can meet the required duration for archiving under the conditions provided. 2. The related procedures should: 2.1 Identify records to be kept. 2.2 Describe the organisation of and responsibility for the archiving system (location, compilation, format) and conditions for access to the information (e.g., by product, subject). 2.3 Control access and provide effective protection from deterioration or accidental damage. 2.4 Ensure continued readability of the records. 2.5 Demonstrate to the competent authority proper functioning of the records system. 2.6 Clearly identify the persons involved in conformity determination. 2.7 Define an archiving period for each type of data taking into account importance in relation to conformity determination subject to the following: a) Data which supports conformity of a product, part, or appliance should be kept for not less than three years from the issue date of the related Statement of Conformity or Authorised Release Certificate. b) Data considered essential for continuing airworthiness should be kept throughout the operational life of the product, part or appliance. 2.8 Data related to supplied parts may be retained by the supplier if the supplier has a system agreed under Part 21 Section A Subpart F by the competent authority. The manufacturer should, in each case, define the archiving period and satisfy himself or herself and the competent authority that the recording media are acceptable. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 109 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 SUBPART G — PRODUCTION ORGANISATION APPROVAL FOR PRODUCTS, PARTS AND APPLIANCES GM 21.A.134 Application – Application form and manner EASA Form 50 (see AMC 21.B.220(c)) should be obtained from the competent authority, and completed by the accountable manager of the organisation. The completed form, an outline of the production organisation exposition, and details of the proposed terms of approval are to be forwarded to the competent authority. AMC1 21.A.134 Application An applicant for a POA should submit to the competent authority an EASA Form 50 (see below) completed by the applicant. The completed form, an outline of the production organisation exposition, and details of the proposed terms of approval should be forwarded to the competent authority EASA Form 50 Application for a Part 21 production organisation approval Competent authority of an EU Member State or EASA 1. Registered name and address of the organisation: 2. Trade name (if different): 3. Location(s) for which the approval is applied for: 4. Brief summary of proposed activities at the item 3 addresses a) General: b) Scope of approval: c) Nature of privileges: 5. Description of organisation: 6. Links/arrangements with design approval holder(s)/design organisation(s) where different from 1.: 7. Approximate number of staff engaged or intended to be engaged in the activities: 8. Position and name of the accountable manager: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 110 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 _____________________________________ ___________________________________ Date Signature of the accountable manager EASA Form 50 Block 1: the name of the organisation should be entered as stated in the register of the National Companies Registration Office. For the initial application, a copy of the entry in the register of the National Companies Registration Office should be provided to the competent authority. Block 2: state the trade name by which the organisation is known to the public if it is different from the information given in Block 1. The use of a logo may be indicated in this Block. Block 3: state all the locations for which the approval is applied for. Only those locations should be stated that are directly under the control of the legal entity stated in Block 1. Block 4: this block should include further details of the activities under the approval for the addresses indicated in Block 4. The ‘General’ block must include overall information, while the ‘Scope of approval’ Block should address the scope of work and the products/categories following the principles laid down in GM 21.A.151. The ‘nature of privileges’ block should indicate the requested privileges as defined in points 21.A.163(b)-(e). For an application for renewal, state ‘not applicable’. Block 5: this block should provide a summary of the organisation with reference to the outline of the production organisation exposition, including the organisational structure, functions and responsibilities. The nomination of the responsible managers in accordance with point 21.A.145(c)(2) should be included as far as possible, accompanied by the corresponding EASA Form 4. For an application for renewal, state ‘not applicable’. Block 6: the information entered here is essential for the evaluation of the eligibility of the application. Therefore, special attention should be given concerning the completion of this block, either directly or by reference to supporting documentation, in relation to the requirements of points 21.A.133(b) and (c) and the AMC to 21.A.133(b) and (c). Block 7: the information to be entered here should reflect the number of staff, or in the case of an initial approval, the intended number of staff for the complete set of activities that are to be covered by the approval, and it should also therefore include any associated administrative staff. Block 8: State the position and name of the accountable manager. AMC1 21.A.134A Alternative means of compliance (a) In order to demonstrate that the requirements are met, a risk assessment should be completed and documented. The result of this risk assessment should demonstrate that the alternative means of compliance reaches a level of safety that is acceptable to the competent authority. (b) The result of the risk assessment forms an integral part of the management system records to be managed in accordance with point 21.A.139.  21.A.134A Alternative means of compliance TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 111 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 GM1 21.A.139(c) Production management system SAFETY MANAGEMENT ELEMENT Safety management seeks to proactively identify hazards and mitigate the related safety risks before they result in aviation accidents and incidents. Safety management enables an organisation to manage its activities in a more systematic and focused manner. When an organisation has a clear understanding of its role and contribution to aviation safety, it enables the organisation to prioritise safety risks and more effectively manage its resources for optimal results. Safety should not be considered the responsibility of a single person or a limited group of people in the organisation. A safety culture should be developed throughout the organisation that involves all the personnel as active contributors to the safety of the final product, part or appliance in accordance with AMC1.21.A.139(c)(1). The requirements established in points 21.A.3A, 21.A.5, 21.A.139, 21.A.145 and 21.A.147 and the related AMC constitute the EU production management system framework for aviation safety management. This framework transposes Appendix 2 to ICAO Annex 19. The EU approach aims at facilitating the introduction of safety management systems into production organisations by inserting the components of safety management into Part 21, thus building upon the existing management systems. Therefore, the approach aims at encouraging organisations to embed safety management and risk-based decision-making into all their activities, instead of superimposing another system onto their existing management system and governance structure. In addition, where the organisation holds multiple organisation certificates issued under Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof (according to point 21.A.139(h)), the organisation may choose to implement a single management system to cover all of its activities. An integrated management system may not only be used to capture multiple certification requirements, but also to cover other business management systems such as quality, security, occupational health and environmental management systems. Integration will remove duplication and exploit synergies by managing safety risks across multiple activities. Organisations may determine the best means to structure their management systems to suit their business and organisational needs. It is important to recognise that safety management will be a continuous activity, as hazards, risks and the effectiveness of safety risk mitigations will change over time. The safety management capability of an organisation should be commensurate with the safety risks to be managed, which can be at the products, parts and appliances level or at the organisational level: — If an organisation produces parts that have a limited effect on safety, it may limit the scope of its safety management system to cover only the areas that contribute to safety (e.g. the criticality will be different for the production of parts such as safety belts, or major elements such as an autopilot system). — The risks that are inherent in a complex structure require a robust safety risk management process (e.g. a complex supply chain may induce hazards that are complex to mitigate, or the rate of production, when stretched to the limit, will require more efficient safety barriers). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 112 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 As a consequence, scalability should be a function of the inherent safety risk capability of the organisation. For instance: — the risk assessment model used may be very simple in small organisations where the identified hazards are easy to mitigate; — expert judgement might be sufficient to measure the efficiency of safety barriers; — the collection of data, safety information and occurrences might be very limited; — there might be no need for software and tools to manage the SMS; — the communication policy might be limited. However, small organisations that are involved in activities that entail significant aviation safety risks might require greater SMS resources.  21.A.139 Production management system AMC1 21.A.139(c) Production management system SAFETY MANAGEMENT ELEMENT An organisation that has a safety management element, compliant with the SMS Industry Standard ‘Implementing a Safety Management System in Design, Manufacturing and Maintenance Organizations’ SM001 Issue A - September 17th, 20181, should be considered compliant with the EU framework for aviation safety management as described in GM1 21.A.139(c), provided that compliance with the following additional topics, as appropriate, is demonstrated. Paragraph of SMS Industry Standard Point Additional topics SM001 Issue A - September 17th, 2018 §6.1.1.1 Safety Policy Reporting to EASA as per 21.A.3A (b)(3) §6.2.1 Hazard identification (refer to AMC 20-8 and AMC1 21.A.3A(d) §6.2.2 Safety Risk Assessment and as acceptable means of compliance) 21.A.3A Mitigation Compliance with Regulation (EU) §6.3 Safety Assurance No 376/2014 (refer to GM1 21.A.3A(a)(1) and (b)(1) as a summary of the §6.4.2 Safety Communication requirements) §7 Interfaces between organizations Record-keeping (refer to the AMC and 21.A.5 Not available GM related to 21.A.5 as acceptable means of compliance and guidance) §6.1.2 Safety Accountability and Responsibilities §6.1.3 Appointment of Key Safety 21.A.139 (b) none Personnel §6.2 Safety Risk Management (system description) 1 https://www.asd-europe.org/sites/default/files/atoms/files/SMS%20Standard_final%20issue%20A_20180917.pdf TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 113 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 §6.3.2 Management of Change §6.3.3 Continuous Improvement of the SMS §6.4.1 Training and Education §1 Introduction §6.1.1.1 Safety Policy Human factors in the safety policy (refer §6.1.1.2 Safety Objectives to AMC1 21.A.139(c)(1) as acceptable §6.1.2 Safety Accountability and means of compliance) Responsibilities Functions of safety review board & safety §6.1.3 Appointment of Key Safety action group (refer to Personnel AMC1 21.A.139(c)(2) and GM1 21.A.139(c)(2) for acceptable means §6.2 Safety Risk Management of compliance and guidance) §6.2.1 Hazard identification Interface risk management in case of §6.2.2 Safety Risk Assessment and subcontracts (refer to (c) Mitigation AMC1 21.A.139(c)(3) for acceptable means of compliance) §6.3 Safety Assurance Systematic management of all changes, §6.3.1 Safety Performance Monitoring not limited to those having substantive and Measurement impact on safety management (refer to §6.3.2 Management of Change AMC1 21.A.139(c)(4)(ii) for acceptable §6.3.3 Continuous Improvement of means of compliance) the SMS More structured safety training (refer to §6.4 Safety Promotion AMC1 21.A.139(c)(5)(i) for acceptable means of compliance) §6.4.1 Training and Education §6.4.2 Safety Communication §7 Interfaces between organizations §6.1.5 SMS Documentation (e) None §6.4.2 Safety Communication Independency of the monitoring of §6.3.1 Safety Performance Monitoring compliance and adequacy as per (f) and Measurement (paragraph title: 21.A.139(f). Refer to AMC1 21.A.139(f) Need for additional measurement) for acceptable means of compliance) (g) §7.3 Corporate SMS approach None 21.A.143 §6.1.5 SMS Documentation None §6.1.1.1 Safety Policy Identification of managers responsible for the essential functions (refer to §6.1.2 Safety Accountability and AMC1 21.A.145(c)(2) for acceptable 21.A.145(c) Responsibilities means of compliance) §6.1.3 Appointment of Key Safety Definition of competency of personnel Personnel (refer to AMC2 21.A.145(c)(2) for TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 114 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 §6.4.1 Training and Education acceptable means of compliance) Systematic management of all changes, not limited to those having substantive 21.A.147 §6.3.2 Management of Change impact on safety management (refer to AMC1 21.A.139(c)(4)(ii) for acceptable means of compliance)  21.A.139 Production management system AMC1 21.A.139(c)(1) Production management system SAFETY POLICY & OBJECTIVES (a) The safety policy should: (1) reflect organisational commitments regarding safety, and its proactive and systematic management, including the promotion of a positive safety culture; (2) include internal reporting principles, and encourage personnel to report production-related errors, incidents and hazards; (3) be endorsed by the accountable manager; (4) be communicated, with visible endorsement, throughout the organisation; and (5) be periodically reviewed to ensure that it remains relevant and appropriate to the organisation. (b) The safety policy should include commitments to: (1) comply with all the applicable legislation, meet all the applicable requirements, and adopt practices that work towards improving safety standards; (2) provide the necessary resources for its implementation; (3) apply human factors principles; (4) enforce safety as a primary responsibility of all managers; and (5) apply ‘just culture’ principles, and, in particular, to not make available or use any personal information on occurrences: (i) to attribute blame or liability for actions, omissions or decisions taken by personnel that are commensurate with their experience and training; or (ii) for any purpose other than the improvement of aviation safety. (c) Senior management should continuously promote the safety policy to all personnel, and demonstrate their commitment to it and provide the necessary human and financial resources for its implementation. (d) Taking due account of its safety policy, the organisation should define safety objectives. The safety objectives should: (1) form the basis for safety performance monitoring and measurement; (2) reflect the organisation’s commitment to maintain or continuously improve the overall effectiveness of the management system; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 115 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (3) be communicated throughout the organisation; and (4) be periodically reviewed to ensure that they remain relevant and appropriate to the organisation.  21.A.139 Production management system GM1 21.A.139(c)(1) Production management system SAFETY POLICY The safety policy is the means for the organisation to state its intention to maintain and, where practicable, improve safety levels in all its activities, and to minimise its contribution to the risk of an aircraft accident or serious incident as far as is reasonably practicable. It reflects the management’s commitment to safety and the organisation’s philosophy of safety management. It is the foundation on which the organisation’s management system is built and serves as a reminder of ‘how we do business here’. The creation of a positive safety culture begins with the issuance of a clear, unequivocal policy statement. The commitment to apply ‘just culture’ principles forms the basis for the organisation’s internal rules that describe how ‘just culture’ principles are guaranteed and implemented. For organisations that have their principal place of business in a Member State, Regulation (EU) No 376/2014 defines the ‘just culture’ principles to be applied (refer, in particular, to Article 16(11) of that Regulation).  21.A.139 Production Management System AMC1 21.A.139(c)(2) Production management system SAFETY MANAGEMENT ELEMENT — ORGANISATION AND ACCOUNTABILITIES (a) The management system should encompass safety by defining a structure that is able to administrate and maintain the processes and functions of the safety management system as described in point 21.A.139(c). The accountable manager should establish and maintain functions which act as: (1) the safety manager; and (2) a high-level committee that considers matters of strategic safety, sometimes referred to as the ‘safety review board’, depending on the size of the organisation and the nature and complexity of its activities, and subject to a risk assessment that is agreed by the competent authority. (b) The safety review board function should monitor: (1) the safety performance against the safety policy and objectives; (2) whether any safety action is taken in a timely manner; and (3) the effectiveness of the organisation’s management system processes. (c) The accountable manager may also establish and maintain a function, referred to as the ‘safety action group’, in support of the two functions above.  21.A.139 Production management system TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 116 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 GM1 21.A.139(c)(2) Production management system SAFETY MANAGEMENT ELEMENT — ORGANISATION AND ACCOUNTABILITIES The organisation may define its structure in the manner that best fits its needs. The following is an example of a possible organisation that complies with the safety management element of the production management system. The role of the person who assumes, or persons who assume, the function of safety manager should include, but not be limited, to: — support of the accountable manager in ensuring that the activities described in point 21.A.139(c) are performed; — advice to the accountable manager on safety matters; and — provision of periodic reports on safety performance to the accountable manager and to the safety review board. Regardless of the organisational set-up, it is important for the safety manager or a designated person to remain the unique focal point for the development, administration, and maintenance of the organisation’s safety management system. When established by the accountable manager, the function of the safety review board is to: — ensure that appropriate resources are allocated to achieve the established safety objectives; — review the results of compliance monitoring; and — monitor the implementation of the related corrective and preventive actions. It is composed of heads of functional areas, and it is chaired by the accountable manager. The role of the safety action group is to: — analyse specific events; — assess mitigation measures; — monitor the safety performance of the organisation; — define actions to control risks to an acceptable level; — assess the impact of organisational changes on safety; — ensure that safety actions are implemented within the agreed timescales; and — review the effectiveness of previous safety actions and safety promotion. — 21.A.139 Production management system AMC1 21.A.139(c)(3) Production management system SAFETY RISK MANAGEMENT — INTERFACES BETWEEN ORGANISATIONS (a) Safety risk management processes should specifically address the planned implementation of, or participation of the organisation in, any complex arrangements (such as when the PO subcontracts work to multiple organisations). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 117 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (b) Hazard identification and risk assessment should start with the identification of all the parties involved in the arrangement, including independent experts and non-approved organisations. This extends to the overall control structure, assessing in particular the following elements across all subcontract levels and all parties within these arrangements: (1) coordination and interfaces between the different parties; (2) applicable procedures; (3) communication between all the parties involved, including the reporting and feedback channels; (4) task allocation, responsibilities and authorities; and (5) the qualifications and competency of key personnel with reference to point 21.A.145. (c) Safety risk management should focus on the following aspects: (1) clear assignment of accountability and allocation of responsibilities; (2) only one party should be responsible for a specific aspect of the arrangement, with no overlapping or conflicting responsibilities, in order to eliminate coordination errors; (3) the existence of clear reporting lines, both for occurrence reporting and progress reporting; and (4) the possibility for staff to directly notify the organisation of any hazard that suggests that there is an obviously unacceptable safety risk as a result of the potential consequences of this hazard. (d) Regular communication should be ensured between all the parties to discuss work progress, risk mitigation actions, changes to the arrangements, as well as any other significant issues. (e) For subcontracted activities, interfaces and communication channels are also needed for the purposes of the internal safety reporting scheme (point 21.A.3A).  21.A.139 Production management system AMC1 21.A.139(c)(3) and (4) Production management system SAFETY MANAGEMENT KEY PROCESSES (a) Hazard identification processes (1) Hazard identification should be based on a combination of reactive and proactive methods. (2) The organisation should in particular focus on the hazards that may generate a non-conformity of the product, part or appliance that is produced. (b) Safety risk management processes (1) A safety risk management process should be developed and maintained that ensures that the safety risks are: (i) analysed (in terms of their probability and the severity of the consequences of hazards and occurrences); TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 118 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (ii) assessed (in terms of their tolerability); and (iii) controlled (in terms of the mitigation of risks to an acceptable level). (2) Within the safety risk management process, the organisation should specify who has the authority to make decisions regarding the tolerability of safety risks, in accordance with (b)(1)(ii). (c) Regardless of the approval status of the subcontracted organisations, the production organisation is responsible for ensuring that all subcontracted activities are subject to hazard identification and safety risk management, as required by point 21.A.139(c)(3), and for monitoring of their compliance and adequacy, as required by point 21.A.139(f). (d) Internal investigation (1) In line with its just culture policy, the organisation should define how to investigate incidents such as errors or near misses, in order to understand not only what happened, but also how it happened, to prevent or reduce the probability and/or consequences of any future recurrences (refer to AMC3 21.A.3A(a)(1) and (b)(1)). (2) The scope of internal investigations should extend beyond the scope of the occurrences that are required to be reported to the competent authority in accordance with point 21.A.3A. (e) Safety performance monitoring and measurement (1) The organisation should establish, implement and maintain a process by which the safety performance of the organisation is continuously verified against the safety policy and safety objectives. (2) This process may include, as appropriate to the size, nature and complexity of the organisation: (i) safety reporting that also addresses the status of compliance with the applicable requirements; (ii) safety reviews, including trend reviews, which would be conducted during introduction and deployment of new products and their components, new equipment/technologies, the implementation of new or changed procedures, or in situations of organisational changes that may have an impact on safety; (iii) safety audits that focus on the integrity of the organisation’s management system, and periodically assess the status of safety risk controls; and (iv) safety surveys that examine particular elements or procedures of a specific area, such as the problem areas identified, or any bottlenecks in daily production management activities, the perceptions and opinions of the production management personnel, and any areas of dissent or confusion. (f) Management of change The organisation should manage any safety risks that are related to a change. The management of change should be a documented process to identify any external or internal TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 119 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 change that may have an adverse effect on safety. It should make use of the organisation’s existing hazard identification, risk assessment and risk mitigation processes. (g) Continuous improvement The organisation should continuously seek to improve its safety performance and the effectiveness of its management system. Continuous improvement may be achieved through: (1) compliance monitoring and audits carried out by external organisations; (2) assessments, including assessments of the effectiveness of the safety culture and management system, in particular to assess the effectiveness of the safety risk management processes; (3) staff surveys, including cultural surveys, that can provide useful feedback on how engaged personnel are with the management system; (4) monitoring incidents and their recurrences; (5) evaluating safety performance indicators and reviewing all the available safety performance information; and (6) identifying the lessons learned.  21.A.139 Production management system GM1 21.A.139(c)(4)(ii) Production management system MANAGEMENT OF CHANGE Unless properly managed, changes in the organisational structure, facilities, scope of work, personnel, documentation, policies and procedures, etc. can result in the inadvertent introduction of new hazards, which can expose the organisation to new or greater risks. Effective organisations seek to improve their processes, with conscious recognition that changes can expose the organisation to potentially latent hazards and risks if they are not properly and effectively managed. The process for the management of change typically provides principles and a structured framework for managing all aspects of changes. Disciplined application of change management can maximise the effectiveness of the change, engage staff, and minimise the risks inherent in change. A change may have the potential to introduce new human factor issues, or to exacerbate pre- existing ones. For example, changes in computer systems, equipment, technology, personnel changes, including changes in management personnel, procedures, the work organisation, or work processes are likely to affect performance. Effective management of change is supported by the following: — Implementation of a process for formal hazard identification/risk analysis and assessment for major operational changes, major organisational changes, changes in key personnel, and changes that may affect the way in which production management is carried out. — Identification of changes that are likely to occur in business, which would have a noticeable impact on:  resources — material and human; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 120 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21  management direction — policies, processes, procedures, training; and  management control. — Safety cases/risk assessments that are aviation-safety focused. — The involvement of key stakeholders in the change management process as appropriate. — 21.A.139 Production management system AMC1 21.A.139(c)(4)(ii) Production management system MANAGEMENT OF CHANGE (a) Regardless of the magnitude of a change, large or small, there should always be proactive consideration of the safety implications. This is primarily the responsibility of the team that proposes or implements the change. However, a change can only be successful if all the personnel affected by the change are engaged and involved, and they participate in the process. The magnitude of a change, its safety criticality, and its potential impact on human performance should be assessed in any change management process. (b) Special consideration, including human factor issues, should be given to the transition period during which the change will become effective. In addition, the activities utilised to manage these issues should be integrated into the change management plan. The purpose of integrating human factors into the management of change is to minimise the potential risks by specifically considering the impact of the change on the people within a system. (c) During the process for the management of a change, previous risk assessments and existing hazards should be reviewed for their possible effects.  21.A.139 Production management system AMC1 21.A.139(c)(5) Production management system SAFETY COMMUNICATION (a) The organisation should establish communication with its personnel, as appropriate for their safety responsibilities, about safety matters that: (1) ensures that all the personnel are aware of the safety management activities; (2) conveys safety-critical information, especially related to assessed risks and analysed hazards; (3) explains why particular actions are taken; and (4) explains why safety procedures are introduced or changed. (b) Regular meetings with personnel, as appropriate for their safety responsibilities, during which information, actions, and procedures are discussed, may be used to communicate safety matters.  21.A.139 Production management system TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 121 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 GM1 21.A.139(c)(5) Production management system SAFETY PROMOTION Safety training, combined with safety communication and information sharing, is a part of safety promotion. Safety promotion activities are intended to: — support the organisation’s policies; — encourage a positive safety culture; — create an environment that is favourable to the achievement of the organisation’s safety objectives; — support organisational learning; — support the implementation of an effective safety reporting scheme; and — support the development of a just culture. Depending on the particular safety issue, safety promotion may also constitute or complement risk mitigation actions.  21.A.139 Production management system AMC1 21.A.139(c)(5)(i) Production management system SAFETY TRAINING (a) The production staff, as described in points 21.A.145(c)(2) and (3), should receive initial and recurring safety training, as appropriate for their responsibilities, to ensure their continued competency, including safety management principles, the associated safety objectives and human factors. The organisation should assess the category of staff for which this training should be provided. (b) Adequate records of all the safety training provided should be kept in accordance with point 21.A.5. (c) Initial training that is compliant with the organisation’s training standards should be provided to each member of the personnel within 6 months of joining the organisation, unless their competency assessment justifies that there is no need for such a training. Personnel who are recruited from another organisation and temporary staff should be assessed for whether they need to receive any additional safety management training. (d) Recurrent safety training should be delivered either as a dedicated course, or else integrated within other training. It should be of an appropriate duration in each 2-year period, in relation to the relevant compliance monitoring audit findings and any other internal/external sources of information that are available to the organisation on safety, and in production.  21.A.139 Production management system TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 122 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 GM1 21.A.139(c)(5)(i) Production management system SAFETY TRAINING The main purpose of the safety training programme is to: — support safety management policies and processes, including human factors training; and — ensure that personnel at all levels of the organisation develop and maintain their competency to fulfil their safety roles. Each organisation should adapt the syllabus to its own needs. Typically, at least the following items should be included: — The organisational roles and responsibilities related to safety, including the hazard identification and risk management processes, and to fostering a positive safety culture; — Safety objectives and the associated safety performance indicators; — Human factors principles, including human performance and limitations; — Legislation, where applicable; — Safety reporting systems and investigations; and — Safety issues. The purpose of the recurrent safety training is: — primarily to ensure that staff remain current, notably on changes to SMS principles, processes and procedures; and — also to share feedback on safety issues that are relevant to the organisation or lessons learned. The training staff should have sufficient knowledge and experience to teach the topics at the required level, with the skills to influence attitudes and behaviours.  21.A.139 Production management system AMC1GM No1 to 21.A.139(d)(a) Production management system Quality system QUALITY SYSTEM ELEMENT The quality system is an organisational structure, included in the production management system, with responsibilities, procedures, processes, and resources which implement a management function to determine and enforce quality principles. The quality system should be documented in such a way that the documentation can be made easily available to personnel who need to use the material for performing their normal duties, in particular: — procedures, instructions, data to cover the issues of point 21.A.139(d)(2)(b)(1) are available in a written form,; — distribution of relevant procedures to offices/persons is made in a controlled manner,; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 123 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 — procedures which identify persons responsible for the prescribed actions are established,; and — the updating process is clearly described. The manager responsible for ensuring that the quality system is implemented and maintained should be identified. The competent authority will verify on the basis of the exposition and by appropriate investigations that the production organisation has established and can maintain their documented quality system.  21.A.139 Production management system AMC1 GM 21.A.139(d)(2)(b)(1) Production management system Quality System – Elements of the quality system QUALITY SYSTEM — ELEMENTS OF THE QUALITY SYSTEM (1). The control procedures covering the elements of point 21.A.139(d)(2)(b)(1) should document the standards to which the production organisation intends to work. (2). An organisation having a Qquality system designed to meet a recognised Standard such as ISO 9001 (relevant to the scope of approval being requested) should expand it to include at least the following additional topics, as appropriate, in order to demonstrate compliance with the requirements of Part 21 Subpart G: — Mandatory and voluntary Ooccurrence Rreporting as required by point 21.A.3A and continued airworthiness as required by point 21.A.165(e) — Control of work occasionally performed (outside the POA facility by POA personnel) — Co-ordination Coordination with the applicant for, or holder of, an approved design as required by points 21.A.133(b) and (c) and 21.A.165(g) — Issue of certifications within the scope of approval for the privileges of point 21.A.163 — Incorporation of airworthiness data in production and inspection data as required in points 21.A.133(b) and (c) and 21.A.145(b) — When applicable, ground test and/or production flight test of products in accordance with procedures defined by the applicant for, or holder of, the design approval — Procedures for traceability including a definition of clear criteria of which items need such traceability. Traceability is defined as a means of establishing the origin of an article by reference to historical records for the purpose of providing evidence of conformity — Personnel training and qualification procedures especially for certifying staff as required in point 21.A.145(d). (3). An organisation having a quality system designed to meet a recognised aerospace quality standard will still need to ensure compliance with all the requirements of Subpart G of Part 21. In all cases, the competent authority will still need to be satisfied that compliance with Part 21 Subpart G is established.  21.A.139 Production management system TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 124 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 GM1 No 2 to 21.A.139(d)(1)(a) Production management system Quality System – Conformity of supplied parts or appliances CONFORMITY OF SUPPLIED PARTS OR APPLIANCES The POA holder is responsible for determining and applying acceptance standards for physical condition, configuration status and conformity of supplied products, parts or appliances, whether to be used in production or delivered to customers as spare parts. This responsibility also includes BFE (Buyer Furnished Equipment) items. To discharge this responsibility the quality system needs an organisational structure and procedures to adequately control suppliers. Elements of the quality system for the control of suppliers may be performed by other parties provided that the conditions of AMC No 1 or No 2 to point 21.A.139(d)(2)(ii)(b)(1)(ii) are met. Control can be based upon use of the following techniques (as appropriate to the system or product orientation necessary to ensure conformity): — qualification and auditing of the supplier’s quality system;, — evaluation of supplier capability in performing all the manufacturing activities, inspections and tests necessary to establish the conformity of parts or appliances to the type design;, — first article inspection inspections, including destruction if necessary, to verify that the article conforms to the applicable data for a new production line or a new supplier;, — incoming inspections and tests of supplied parts or appliances that can be satisfactorily inspected on receipt;, — identification of incoming documentation and data relevant to the showing of conformity to be included in the certification documents;, — a vendor rating system which gives confidence in the performance and reliability of this supplier; and, — any additional work, tests or inspection which may be needed for parts or appliances which are to be delivered as spare parts and which are not subjected to the checks normally provided by subsequent production or inspection stages. The POA holder may rely on the results of inspection inspections /tests performed by the supplier if it can establish that: — the personnel responsible in charge of for these tasks satisfy the competency standards of the POA quality system;, — quality measurements are clearly identified; and, — the records or reports showing evidence of conformity are available for review and audit. The control of suppliers holding a POA for the parts or appliances to be supplied can be reduced, to a level at which a satisfactory interface between the two quality systems can be demonstrated. Thus, for the purpose of showing conformity, a POA holder can rely upon documentation for parts or appliances released under a suppliers in accordance with the supplier’s privileges defined in point 21.A.163 privileges. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 125 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 A supplier who does not hold a POA is considered as to be a sub-contract subcontract or under the direct control of the POA quality system. The POA holder retains direct responsibility for inspections/tests carried out either at its own facilities or at the supplier’s facilities.  21.A.139 Production management system AMC No 1 to 21.A.139(d)(2)(ii)(b)(1)(ii) Production management system Vendor and sub-contractor assessment, audit and control – Production Organisation Approval (POA) holder using documented arrangements with other parties for assessment and surveillance of a supplier. VENDOR AND SUBCONTRACTOR ASSESSMENT, AUDIT AND CONTROL — PRODUCTION ORGANISATION APPROVAL (POA) HOLDER USING DOCUMENTED ARRANGEMENTS WITH OTHER PARTIES FOR ASSESSMENT AND SURVEILLANCE OF A SUPPLIER 1. General Note: For the purpose of this AMC, vendors and sub-contractors are hereafter referred to as ‘suppliers’, regardless of whether or not they hold a POA and audit and control is hereafter referred to as ‘surveillance’. The production organisation is required by Part 21 point 21.A.139(d) to demonstrate that it has established and maintains a quality system that enables the organisation to ensure that each item produced conforms to the applicable design data and is in a condition for safe operation. To discharge this responsibility, the quality system should have, among other requirements, procedures to adequately carry out the assessment and surveillance of suppliers. The use of Oother Pparties (OP OPs), such as a consulting firm or quality assurance company, for supplier assessment and surveillance does not exempt the POA holder from its obligations under point 21.A.165. The supplier assessment and surveillance, corrective action and follow- up activity conducted at any of its supplier’s facilities may be performed by OP OPs. The purpose of using an OP cannot be to replace the assessment, audit and control of the POA Hholder. It is to allow an element (i.e. the assessment of the quality system) to be delegated to another organisation under controlled conditions. The use of OP OPs to perform supplier assessments and surveillance should be part of the production organisation quality system and fulfil the conditions of this AMC. This AMC is applicable to a method whereby a POA holder has a documented arrangement with an OP for the purpose of assessing and/or surveying a POA's supplier. 2. Approval by the competent authority Reserved Implementing or changing procedures for using OP for supplier assessment and surveillance is a significant change to the quality system and requires approval in accordance with 21.A.147. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 126 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 3. Conditions and criteria for the use of OP OPs to perform supplier assessment and surveillance (a) The POA holder should include the use of OP OPs for supplier assessment and surveillance in the POA holders’ quality system to demonstrate compliance with the applicable requirements of Part 21. (b) The Pprocedures required for using OP OPs for supplier assessment and surveillance should be consistent with other procedures of the POA holders’ quality system. (c) The Pprocedures of the POA holder that uses OP OPs to perform supplier assessment and surveillance should include the following: (1) Identification of the OP that will conduct the supplier assessment and surveillance. (2) A listing of suppliers under surveillance by the OP. This listing should be maintained by the POA holder and made available to the competent authority upon request. (3) The method used by the POA holder to evaluate and monitor the OP. The method should include the following as a minimum: (i) Verification that standards and checklists used by the OP are acceptable for the applicable scope. (ii) Verification that the OP is appropriately qualified and have has sufficient knowledge, experience and training to perform their its allocated tasks. (iii) Verification that the frequency with which the OP carry out surveillance frequency of the suppliers is commensurate with the complexity of the product and with the surveillance frequency established by the POA holder’s suppliers control programme. (iv) Verification that the assessment and surveillance of the suppliers’ suppliers assessment and surveillance is conducted on-site by the OP. (v) Verification that the OP has access to the applicable proprietary data to the level of detail necessary to survey suppliers functions. Where the POA holder uses an OP accredited by a signatory to the European cooperation for Accreditation (EA) Multilateral Agreement and working works in accordance with an aviation standard (e.g. EN 9104 series of requirements) that describes requirements for the other party assessment and surveillance by the other party, the items (ii) and (iv) shall be deemed to be complied with. (4) A definition that states to what scope extent the OP will conduct surveillance of the suppliers surveillance on behalf of the POA holder. If the OP replaces surveillance in part, the POA holder should identify the functions that will continue to be surveyed by the POA holder. (5) The procedures used by the OP to notify the POA holder of any non-conformities discovered at the supplier’s facility, and of the corrective action and follow-up. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 127 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (d) The POA should make arrangements that allow the competent authority to make investigation investigations in accordance with point 21.A.9 21.A.157to include OP activities.  21.A.139 Production management system AMC No 2 to 21.A.139(d)(2)(ii) (b)(1)(ii) Production management system Vendor and sub-contractor assessment, audit and control - Production Organisation Approval (POA) holder using other party supplier certification VENDOR AND SUBCONTRACTOR ASSESSMENT, AUDIT AND CONTROL — PRODUCTION ORGANISATION APPROVAL (POA) HOLDER USING OTHER PARTY SUPPLIER CERTIFICATION 1. General Note: For the purpose of this AMC, vendors and sub-contractors are hereafter referred to as ‘suppliers’, regardless of whether or not they hold a POA and audit and control is hereafter referred to as ‘surveillance’. Other party supplier certification is a method whereby a supplier contracts with an appropriately recognised or accredited Other Party (OP) for the purpose of obtaining a certification from that OP. Certification indicates that the supplier has satisfactorily demonstrated to meet that it meets the applicable standard on a continuing basis. OP certification results in placing the supplier on the OP list of certified organisations, or in the supplier receiving a certificate identifying the requirements that have been met. Periodic follow-up evaluations are conducted by the OP to verify continued compliance with the requirements of the applicable standard. The production organisation is required by Part 21 point 21.A.139(d) to demonstrate that it has established and maintains a quality system that enables the organisation to ensure that each item produced conforms to the applicable design data and is in a condition for safe operation. To discharge this responsibility, the quality system should have, among other requirements, procedures to adequately carry out the assessment and surveillance of suppliers. The assessment and surveillance of suppliers by an OP should be deemed to satisfy the requirements of point 21.A.139(b)(1)(ii) when the conditions of this AMC are satisfied. The assessment and surveillance of suppliers by OP as part of supplier certification does not exempt the POA holder from its obligations under point 21.A.165. The supplier assessment and surveillance, corrective action and follow-up activity conducted at any of its supplier’s facilities may be performed by OP. The purpose of using an OP cannot be to replace the assessment, audit and control of the POA Hholder. It is to allow an element (i.e. the assessment of the quality system) to be delegated to another organisation under controlled conditions. The use of suppliers that are certified by OP in accordance with this AMC should be part of a production organisation quality system. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 128 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 2. Approval by the competent authority Reserved Implementing or changing procedures for using suppliers that are certified by an OP is a significant change to the quality system and requires approval in accordance with 21.A.147. 3. Conditions and criteria for using supplier certification for the supplier assessment and surveillance (a) The POA holder should include the use of supplier certification for the supplier assessment and surveillance in the POA holder’s quality system to demonstrate compliance with the applicable requirements of Part 21. (b) The procedures Procedures required for use of supplier certification for the supplier assessment and surveillance should be consistent with the other procedures of the POA holders’ quality system. (c) The procedures Procedures of the POA holder that uses supplier certification for the supplier assessment and surveillance should include the following: (1) A listing Listing of the OPs OP that have certified or will certify suppliers and will conduct supplier assessment and surveillance or the scheme under which the accreditation of the OP is controlled. This listing should be maintained by the POA holder and made available to the competent authority upon request. (2) A listing of the certified suppliers that are under surveillance by the OP and that are used by the POA holder. This listing should be maintained by the POA holder and made available to the competent authority upon request. (3) The method used by the POA holder to evaluate and monitor the certification process of any OP certification body or OP certification scheme used. This applies not only to new suppliers, but also to any decision by the POA holder to rely on OP certification of current suppliers. The method should include the following as a minimum: (i) Verification that certification standards and checklists are acceptable and applied to the applicable scope. (ii) Verification that the OP is appropriately qualified and has sufficient knowledge, experience and training to perform its allocated tasks. (iii) Verification that the frequency with which the OP carries out surveillance frequency of the suppliers is commensurate with the complexity of the product and with the surveillance frequency established by the POA holder’s suppliers control programme. (iv) Verification that the surveillance of the suppliers’ surveillance is conducted on-site by the OP. (v) Verification that the surveillance report will be made available to the competent authority upon request. (vi) Verification that the OP continues to be recognised or accredited. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 129 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (vii) Verification that the OP has access to the applicable proprietary data to the level of detail necessary to survey suppliers’ suppliers functions. Where the POA holder uses an OP accredited by a signatory to the European cooperation for Accreditation (EA) Multilateral Agreement and working works in accordance with an aviation standard (e.g. EN 9104 series of requirements) that describes the requirements for the OP certification, the items (ii), (iv) and (v) shall be deemed to be complied with: (4) A definition that states to what scope extent the OP will conduct suppliers supplier surveillance on behalf of the POA holder. If the OP partly replaces surveillance by the POA holder in part, the POA holder should identify the functions that will continue to be surveyed by the POA holder. (5) Procedures that ensure that the POA is aware of the loss of an existing certification. (6) Procedures that ensure that the POA holder is aware of any non-conformities and has access to detailed information of on these non-conformities. (7) Procedures to evaluate the consequences of non-conformities and take appropriate actions. (d) The POA should make arrangements that allow the competent authority to make investigation investigations in accordance with point 21.A.9 21.A.157to include OP activities.  21.A.139 Production management system GM1 21.A.139(d)(2)(ii) Production management system VENDOR AND SUBCONTRACTOR ASSESSMENT, AUDIT AND CONTROL For the purposes of AMC1 21.A.139(d)(2)(ii) and AMC2 21.A.139(d)(2)(ii), vendors and subcontractors are referred to as ‘suppliers’, regardless of whether or not they hold POAs, and audit and control is hereafter referred to as ‘surveillance’. Implementing or changing procedures to use an OP for supplier assessment and surveillance is a significant change to the quality system, and it requires approval in accordance with point 21.A.147.  21.A.139 Production management system AMC1 21.A.139(e) Production management system DOCUMENTATION (a) The manual or the exposition that is used to document the management system, should be the key instrument used by an organisation to internally communicate its approach to management systems. (b) The organisation may document its safety policy, safety objectives and all the safety management system key processes (as required in point 21.A.139(a)(1)) in a separate manual (e.g. a safety management manual or a management system manual) or in its exposition. Organisations that hold multiple organisation approvals, issued on the basis of Regulation (EU) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 130 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 2018/1139 and the delegated and implementing acts adopted on the basis thereof, may prefer to have separate manuals in order to avoid duplication. (a) The organisation may also choose to place in separate documents (e.g. policy documents, procedures) some of the information that is required to be documented. (b) If any required information is placed in a separate document, the manual or the exposition should contain adequate references to that document. Any such referenced documents should be considered integral parts of the production management system documentation.  21.A.139 Production management system AMC1 21.A.139(f) Production management system INDEPENDENT MONITORING OF COMPLIANCE AND ADEQUACY (a) The function that carries out independent monitoring of the compliance and adequacy of the documented procedures of the production management system should ensure that: (1) the activities of the organisation are monitored for their adequacy and compliance with the applicable requirements and with any additional requirements as established by the organisation, and that these activities are carried out properly under the supervision of the nominated persons referred to in point 21.A.145(c)(2); (2) an objective review of the complete set of production-management-related activities is provided through independent audits; (3) the independence of an audit is established by always ensuring that audits and inspections are carried out by personnel who are not responsible for the function, procedure or products that they audit or inspect; (4) an audit plan is established to show when and how often the activities required by Part 21 will be audited; (5) the audit cycle is determined through a risk assessment agreed by the competent authority and that does not exceed the applicable audit planning cycle according to point 21.B.222. That determination should consider at least: (i) the criticality of the items checked during the audit; and (ii) the safety performance of the organisation, including any previous findings and root causes; (6) when a non-compliance is found, the root cause(s) and contributing factor(s) are identified and corrective actions are defined. The feedback part of the compliance monitoring function should define who is required to address any non-compliance in each particular case, and the procedure to be followed if the corrective action is not completed within the defined time frame; (7) the compliance monitoring function that ensures the aspects above performs the planned continuing and systematic evaluations or audits of the factors that affect the conformity (and, where required, the safe operation) of the products, parts or appliances to the applicable design. This evaluation should include all the elements of the production management system in order to demonstrate compliance with Part 21. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 131 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21  21.A.139 Production management system GM No 1 to 21.A.139(b)(2) Quality System – Independent quality assurance function The quality assurance function which is part of the organisation is required to be independent from the functions being monitored. This required independence relates to the lines of reporting, authority and access within the organisation and assumes an ability to work without technical reliance on the monitored functions. GM1 No 2 to 21.A.139(f)(b)(2) Production management system Quality System – Adequacy of procedures and monitoring function ADEQUACY OF PROCEDURES AND MONITORING FUNCTION Adequacy of procedures means that the production management system, through the use of the procedures as set forth defined, is capable of meeting the conformity objectives identified in point 21.A.139(d)(1)(a). The quality assurance function to ensure the above should perform planned continuing and systematic evaluations or audits of factors that affect the conformity (and, where required, safe operation) of the products, parts or appliances to the applicable design. This evaluation should include all elements of the quality system in order to demonstrate compliance with Part 21 Subpart G.  21.A.139 Production management system GM1 21.A.143 Exposition – Production Organisation Exposition (POE) (a) The purpose of the production organisation exposition (POE) is to set forth state in a concise document documented format the organisational relationships, responsibilities, terms of reference, and the associated authority, procedures, means and methods of the organisation. The information to be provided is specified in point 21.A.143(a). Where this information is documented and integrated in manuals, procedures and instruction instructions, the POE should provide a summary of the information and an appropriate cross-reference. (b) The document does not require approval in itself, but it will be considered as such approved by virtue of the approval of the organisation. (c) When changes to the organisation occur, according to point 21.A.143(b), the POE is required to be kept up to date. This should be done as per a procedure, laid down in the POE. If the changes are significant, Significant changes to the organisation shall not amend the exposition before the competent authority has approved the change in accordance with point 21.A.147. (as defined in GM 21.A.147(a)) should be approved by the competent authority prior to update of the POE. When an organisation is approved against any other implementing rule containing a requirement for an exposition, a supplement covering the differences may suffice to meet the requirements of Part TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 132 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 21 Subpart G except that the supplement should have an index identifying where those parts missing from the supplement are covered. Those items then formally become part of the POE. In any combined documents the POE should be easily identifiable.  21.A.143 Exposition AMC1 21.A.143(a)(1) Exposition (a) All personnel should be familiar with those parts of the POE that are relevant to their tasks. (b) A paragraph in the POE should provide the description of the organisation, the safety policy and the objectives as required by point 21.A.139(c)(1). (c) The POE should include a statement, signed by the accountable manager (and countersigned by the chief executive officer, if different), confirming that the POE and any associated manuals will be complied with at all times. This statement should read as follows, or embrace the intent of the following paragraph. ‘This exposition defines the organisation and procedures upon which the competent authority’s* production organisation approval is based. These procedures are approved by the undersigned, and must be complied with, as applicable, in order to ensure that all production activities are carried out on time and to an approved standard. It is understood that the approval of the production organisation is based on the continuous compliance of the organisation with the applicable requirements of Part 21, and with the organisation’s procedures described in this exposition. The competent authority* is entitled to limit, suspend, or revoke the approval if the organisation fails to fulfil the obligations imposed by Part 21, or any conditions according to which the approval was issued. Signed ..................................... Dated ...................................... Accountable manager and ... (quote position) Chief executive officer … For and on behalf of ... (quote organisation’s name)’ *Where ‘competent authority’ is stated, please insert the actual name of the approving competent authority organisation or administration granting the POA approval. The statement should be re-issued at the earliest opportunity, whenever the accountable manager is changed. (d) The POE should include the description of the internal safety reporting scheme that is required by point 21.A.3A(a)(1)(ii); (e) If the organisation holds one or more additional organisation certificates within the scope of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, so that the organisation is required to establish another exposition, the organisation may combine the documents by establishing a separate manual or supplement that covers the TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 133 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 differences between the production organisation exposition and that other exposition. In such a case, the supplement should identify where in the other exposition the remaining information on the production organisation is covered. That remaining information then formally becomes part of the exposition.  21.A.143 Exposition AMC1 21.A.145(a) Resources (a) The organisation’s equipment and tools should enable all the specified tasks to be accomplished in a repeatable manner without any detrimental effects. The calibration control of the equipment and tools which affect the critical dimensions and values of products should demonstrate compliance with, and be traceable to, national or international standards. (b) Sufficient personnel means that according to the nature of the work and the production rate of each function, the organisation has a sufficient quantity of qualified personnel to accomplish all the specified manufacturing tasks and to attest their conformity. The number of personnel should be such that the relevant airworthiness considerations may be applied in all areas without any undue pressure. (c) An evaluation of the competence of the personnel is performed as part of the quality system. This should include, where appropriate, verification that specific qualification standards have been implemented, for example for NDT, welding, etc. Training should be organised to establish and maintain the competence of the personnel at the levels determined to be necessary by the organisation.  21.A.145 Resources GM1 21.A.145(a) Resources Approval Requirements A facility is a working area where the working conditions and the environment are controlled as appropriate in respect of: cleanliness, temperature, humidity, ventilation, lighting, space/access, noise, and air pollution. Equipment and tools should be such as to enable all specified tasks to be accomplished in a repeatable manner without detrimental effect. Calibration control of equipment and tools which affect critical dimensions and values should demonstrate compliance with, and be traceable to, national or international standards. Sufficient personnel means that the organisation has for each function according to the nature of the work and the production rate, a sufficient quantity of qualified personnel to accomplish all specified manufacturing tasks and to attest the conformity. Their number should be such that airworthiness consideration may be applied in all areas without undue pressure. An evaluation of the competence of personnel is performed as part of the quality system. This should include, where appropriate, verification that specific qualification standards have been implemented, for example NDT, welding, etc. Training should be organised to establish and maintain the personal competence levels determined by the organisation to be necessary.  21.A.145 Resources TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 134 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 GM1 21.A.145(b)(2) Resources Approval Requirements – Airworthiness, noise, fuel venting and exhaust emissions /production data procedures AIRWORTHINESS, NOISE, FUEL VENTING AND EXHAUST EMISSIONS/PRODUCTION DATA PROCEDURES 1 When a POA holder/ or an applicant for a POA is developing its own manufacturing data, such as computer based data, from the design data package delivered by a design organisation, procedures are required to demonstrate the right correct transcription of the original design data. 2 Procedures are required to define the manner in which airworthiness, noise, fuel venting and exhaust emissions data is used to issue and update the production/quality data, which determines the conformity of products, parts and appliances. The procedure must also define the traceability of such data to each individual product, part or appliance for the purpose of certifying their condition for safe operation and issuing a Sstatement of Cconformity or EASA Form 1.  21.A.145 Resources AMC1 21.A.145(c)(1) Resources ACCOUNTABLE MANAGER The accountable manager should: (a) have sufficient knowledge and authority to be able to respond to the competent authority regarding major issues of the production approval, and to implement any necessary improvements; (b) promote the quality and safety policies of the organisation; and (c) demonstrate a basic understanding of this Regulation.  21.A.145 Resources GM1 21.A.145(c)(1) Resources Approval Requirements – Accountable manager ACCOUNTABLE MANAGER Accountable manager refers to means the manager who is responsible, and has corporate authority for ensuring that all production work is carried out to the required standard. This function may be carried out by the Chief Executive chief executive officer or by another person in the organisation, nominated by him or her the chief executive officer to fulfil the function, provided that the his or her position and authority of the person in the organisation permits permit him or her to discharge the attached responsibilities. The manager is responsible for ensuring that all necessary resources are available and properly used in order to produce under the production approval in accordance with Part 21 Section A Subpart G. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 135 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 The manager needs to have sufficient knowledge and authority to enable him or her to respond to the competent authority regarding major issues of the production approval and implement necessary improvements. The manager needs to be able to demonstrate that he or she is fully aware of and supports the quality policy and maintains adequate links with the quality manager.  21.A.145 Resources TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 136 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC1 GM 21.A.145(c)(2) Resources Approval Requirements – Responsible managers RESPONSIBLE MANAGERS (a) The person or group of persons nominated in accordance with 21.A.145(c)(2) should represent the management structure of the organisation and be responsible for all the functions as specified in Part 21. Section A Subpart G. It therefore follows that, depending Depending on the size of the Part 21 Section A Subpart G approved production organisation, the functions may be subdivided under individual managers (and in fact may be further subdivided) or combined in a variety of ways. (b) The organisation should nominate a person or a group of persons who are responsible for: (1) monitoring the adequacy of the organisation and its compliance with Part 21; (2) ensuring the effectiveness of the safety management system, and they should be able to request other managers or the accountable manager to carry out any necessary and appropriate remedial action. They should have direct access to the accountable manager. (c) The competent authority requires the Each nominated managers manager to should be identified and their credentials submitted on an EASA Form 4 (see EASA Form 4 for Production Organisations on the EASA website under: http://easa.europa.eu/certification/application- forms.php) to the competent authority in order so that they may be seen to be appropriate in terms of their relevant knowledge and satisfactory experience related to the nature of the production activities as performed by the Part 21 Section A Subpart G approved production organisation. (d) The responsibilities and the tasks of each individual manager are required to should be clearly defined, in order to prevent any uncertainties about the relations, within the organisation. In the case of organisation organisational structures where staff-members staff members are responsible to more than one person, as, for instance, in matrix and project organisations, the responsibilities of the managers should be defined in such a way that all the responsibilities are covered. (e) Where a Part 21 Section A Subpart G an approved production organisation chooses to appoint managers for all or for any combination of the functions identified in Part 21 functions because of the size of the undertaking, it is necessary that these managers should ultimately report ultimately to the accountable manager. In cases where a manager does not directly report to the accountable manager, he or she should have a formally established direct access to the accountable manager formally established. (f) The organisation should have a system in place to plan the availability of staff to ensure that the organisation has sufficient appropriately qualified staff to plan, perform, supervise, inspect and monitor the organisation’s activities in accordance with the terms of approval. (g) The organisation should establish and control the competency of the personnel involved in production, compliance monitoring, safety management, and, if applicable, in issuing permits to fly, in accordance with a procedure and to a standard agreed by the competent authority. In addition to the necessary expertise related to the job function, the competency of each TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 137 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 person should include an understanding of the safety management and human factors principles that are appropriate to the person’s function and responsibilities in the organisation. (h) The person or group of persons responsible for the monitoring of compliance and adequacy should: (1) not be one of the persons referred to in point 21.A.145(c)(2); (2) be able to demonstrate their relevant knowledge, background and appropriate experience related to the activities of the organisation, including knowledge and experience in compliance monitoring; and (3) have access to all parts of the organisation, and as necessary, to any supplier. (i) If any of the functions related to compliance monitoring or safety management are combined with other duties, the organisation should ensure this does not result in any conflicts of interest. (j) Subject to a risk assessment and agreement by the competent authority, with due regard to the size of the organisation and the nature and complexity of its activities, the functions of the compliance monitoring manager and the safety manager may be exercised by the accountable manager provided that he or she has demonstrated the related level of competence. One such manager, normally known as the quality manager is responsible for monitoring the organisation’s compliance with Part 21 Section A Subpart G and requesting remedial action as necessary by the other managers or the accountable manager as appropriate. He or she should have a direct access to the accountable manager.  21.A.145 Resources AMC2 21.A.145(c)(2) Resources COMPETENCY OF PERSONNEL (a) To assist in the assessment of competency and to perform the training needs analysis, the organisation should establish job descriptions for all the job functions in the organisation. These job descriptions should contain sufficient criteria to enable the competency of each person to be assessed. (b) The organisation should provide initial and recurrent training, to the persons or group of persons nominated in accordance with point 21.A.145(c)(2), which is adequate to their job function, and which ensures that their continued competency is maintained throughout the duration of their employment/contract. (c) The organisation should record the training provided in accordance with point (a). (d) All prospective members of the production management staff should be assessed for their competency, qualifications, and capabilities related to their intended duties. (e) All the staff nominated according to point 21.A.145(c)(2) should be able to demonstrate their knowledge of, and compliance with, the production management organisation procedures that are applicable to their job function. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 138 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (f) All the staff nominated according to point 21.A.145(c)(2) should be able to demonstrate an understanding of the safety management principles, human factors and human performance issues related to their tasks. (g) The competency of the person who assumes, or persons who assume, the function of safety manager should include, but not be limited to, the following: (1) knowledge of the ICAO standards and European requirements for safety management; (2) an understanding of management systems, including compliance monitoring systems; (3) an understanding of risk management; (4) an understanding of safety investigation techniques; (5) an understanding of human factors; (6) an understanding of a positive safety culture and its promotion; and (7) operational experience related to the activities of the organisation. (h) The organisation should develop a procedure that describes the process for assessing the competency of the person. The procedure should specify: (1) the persons responsible for this process; (2) the means and methods for the initial assessment; (3) the means and methods for the continuous control of their competency, including feedback on their performance; (4) the actions to be taken if the assessment is not satisfactory; and (5) how to record assessment results.  21.A.145 Resources AMC1 21.A.145(d)(1) Resources Approval Requirements – Certifying staff CERTIFYING STAFF (a) Certifying Sstaff should be are nominated by the production organisation to ensure that each of their products, parts and/or appliances qualify qualifies for a Sstatements of Cconformity or a Rrelease Ccertificates. The position and number of Ccertifying Sstaff positions and numbers are to should be appropriate to the complexity of the product and the production rate. (b) The qualification qualifications of certifying staff is should be based on their knowledge, background and experience and on a specific training (or testing) established by the organisation to ensure that it is appropriate to the product, part, or appliance to be released. (c) Training should must be given to develop a satisfactory level of knowledge of organisation the organisation’s procedures, safety management systems (including compliance monitoring), aviation legislation, and the associated regulations implementing rules, CSs CS and GM that are relevant to the their particular role. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 139 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (d) For that purpose, in addition to the general training policy, the organisation should must define its own standards for training, including pre-qualification standards, for personnel to be identified as certifying staff. (e) The training policy is part of the Quality System management system, and its appropriateness forms a part of the investigation investigations by the competent authority within the organisation approval process, and of the subsequent surveillance of the persons proposed by the managers. (f) The training must should be updated in response to experience gained and changes in technology. (g) A feedback system to ascertain that the required standards are being maintained must should be put in place to ensure the continuing compliance of personnel to with authorisation requirements. (h) For the release of products, parts or appliances, the responsibilities to issue statements of conformity or/release certificates (EASA Form 1) or permit permits to fly, including the approval of flight conditions, are allocated to the certifying staff identified in point 21.A.145(d)(2). (i) The competent authority holds the right to reject those personnel, appointed by the organisation, if they are found to have inappropriate experience or not to otherwise comply with its requirements.  21.A.145 Resources AMC 21.A.145(d)(2) Approval requirements – Record of certifying staff 1. The following is the minimum information to be recorded in respect of each certifying person: (a) Name (b) Date of Birth (c) Basic Training and standard attained (d) Specific Training and standard attained (e) If appropriate – Continuation Training (f) Experience (g) Scope of the authorisation (h) Date of first issue of the authorisation (i) If appropriate – expiry date of the authorisation (j) Identification Number of the authorisation 2. The record may be kept in any format and must be controlled by an internal procedure of the organisation. This procedure forms part of the quality system. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 140 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 3. Persons authorised to access the system must be maintained at a minimum to ensure that records cannot be altered in an unauthorised manner and that confidential records cannot become accessible to unauthorised persons. 4. The certifying person must be given reasonable access on request to his or her own records. 5. Under the provision of 21.A.157 the competent authority has a right of access to the data held in such a system. 6. The organisation must keep the record for at least two years after the certifying person has ceased employment with the organisation or withdrawal of the authorisation, whichever is the sooner. AMC1 21.A.145(d)(2)(3) Resources Approval requirements – Evidence of authorisation EVIDENCE OF AUTHORISATION (1) The authorisation document must should be in a style that makes its scope clear to the certifying staff and any authorised person who may require to examine the authorisation. Where codes are used to define the scope, an interpretation document should be readily available. (2) Certifying staff are not required to carry the authorisation document at all times, but they should be able to make it available within a reasonable time after of a request from an authorised person. Authorised persons include the competent authority.  21.A.145 Resources AMC1 21.A.147 Changes to the production management system APPLICATION FOR VARIATION OF SCOPE AND TERMS OF THE POA (a) An application for approval should be submitted in writing to the competent authority, and the production organisation should demonstrate to the competent authority, on the basis of the submission of any proposed changes to the exposition, and before the implementation of the change, that it will continue to comply with Part 21 after the implementation. (b) The approved production organisation should provide to the competent authority an application for any significant changes, or for a variation in the scope or terms of their POA, on an EASA Form 51 (see below) completed by the applicant.  21.A.147 Changes to the production management system TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 141 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 EASA Form 51 Application for significant changes or a variation of the scope or terms of a Part 21 POA Competent authority of an EU Member State or EASA 1. Name and address of the POA holder: 2. Approval reference number: 3. Location(s) for which changes in the terms of approval are requested: 4. Brief summary of the proposed changes to the activities at the item 3 addresses: a) General: b) Scope of approval: c) Nature of privileges: 5. Description of organisational changes: 6. Position and name of the accountable manager or nominee: _______________________________ __________________________________ Date Signature of the accountable manager (or nominee) EASA Form 51 Block 1: the name should be entered as written on the current approval certificate. If a change in the name is to be announced, state the old name and address here, while using Block 5 for the information about the new name and address. The change of name and/or address should be supported by evidence, e.g. by a copy of the entry in the register of commerce. Block 2: state the current approval reference number. Block 3: state the location(s) for which changes in the terms of approval are requested, or state ‘not applicable’ here if no change is anticipated. Block 4: this block should include further details for the variation of the scope of approval for the addresses indicated in Block 3. The ‘General’ block should include overall information for the change (including TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 142 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 changes e.g. in workforce, facilities, etc.), while the ‘Scope of approval’ block should address the change in the scope of work and products/categories following the principles laid down in GM 21.A.151. The ‘nature of privileges’ block should indicate a change in the privileges as defined in points 21.A.163(b)- (d). State ‘not applicable’ here if no change is anticipated. Block 5: this block should state the changes to the organisation as it is defined in the current production organisation exposition, including changes to the organisational structure, functions and responsibilities. This block should therefore also be used to indicate a change in the accountable manager in accordance with point 21.A.145(c)(1) or a change in the nomination of the responsible managers in accordance with point 21.A.145(c)(2). A change in the nomination of the responsible managers should be accompanied by the corresponding EASA Forms 4. State ‘not applicable’ here if no change is anticipated. Block 6: state the position and name of the accountable manager here. Where there is a change in the nomination of the accountable manager, the information should refer to the nominee for this position. State ‘not applicable’ here if no change is anticipated. In case of an application for a change of the accountable manager, EASA Form 51 should be signed by the new nominee for this position. In all other cases, EASA Form 51 should be signed by the accountable manager.  21.A.147 Changes to the production management system GM1 21.A.147(a) Changes to the approved production management system organisation — Significant changes SIGNIFICANT CHANGES 1 Changes to be approved by the competent authority include:  Ssignificant changes to the production capacity or methods;.  Cchanges in the organisation’s structure, especially those parts of the organisation in charge of quality and safety;.  A a change of the accountable manager or of any other person nominated under point 21.A.145(c)(2);.  Cchanges in the production or quality in the production management systems that may have an important impact on the conformity/ or airworthiness of each product, part or appliance including reporting lines between the personnel nominated in accordance with point 21.A.145(c)(2)), and the accountable manager; and.  Cchanges in the placement or control of significant sub-contracted subcontracted work or supplied parts. 2 To ensure that changes do not result in non-compliance with Part 21, Section A Subpart G it is in the interest of both the competent authority and the approval holder to establish a relationship and exchange information that will permit the necessary evaluation work to be conducted before the implementation of a change. This relationship should also permit agreement on the need for variation of the terms of approval (refer to point 21.A.143(a)(9)). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 143 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 3 Where a change of name or ownership results in the issue of a new approval, the investigation will normally take account of the competent authority’s knowledge and information from the preceding approval. 4 Changes of location are addressed in point 21.A.148, and changes of ownership in point 21.A.149, and the change of scope of approval in point 21.A.153.  21.A.147 Changes to the production management system GM1 21.A.149 Transferability Transfer of approval would normally only be agreed in cases where the ownership changes but the organisation itself remains effectively unchanged. For example: An acceptable transfer situation could be a change of company name (supported by the appropriate certificate from the National Companies Registration Office or equivalent) but with no changes to the site address, facilities, type of work, staff, accountable manager or person nominated under point 21.A.145. Alternatively, in the event of receivership (bankruptcy, insolvency or other equivalent legal process), there may be good technical justification for continuation of the approval, provided that the company continues to function in a satisfactory manner in accordance with their POE. It is likely that at a later stage, the approval might be voluntarily surrendered or the organisation transferred to new owners, in which case the former paragraphs apply. If it does not continue to operate satisfactorily, then the competent authority could suspend or revoke the approval under point 21.B.65 21.B.245. In order for the competent authority to agree to a transfer of approval, it will normally prescribe, it as a condition in accordance with point 21.B.240(b) 21.A.147(b), that the obligations and responsibilities of the former organisation should be transferred to the new organisation, otherwise a transfer is not possible and an application for a new approval will be required. AMC1 21.A.153 Changes to the terms of approval — Application for a change to the terms of approval APPLICATION FOR A CHANGE TO THE TERMS OF APPROVAL EASA Form 51 (see AMC1 21.A.147 AMC No 1 to 21.B.240) must should be obtained from the competent authority and completed in accordance with the procedures of the POE. The information entered on the form is the minimum required by the competent authority to assess the need for a change of to the production organisation approval. The completed form and an outline of the changed POE, and details of the proposed change to the POA terms of approval, must be forwarded to the competent authority. GM 21.A.157 Investigations – Arrangements The arrangements made by the applicant for, or holder of an approval under Part 21 Section A Subpart G should allow the competent authority to make investigations that include the complete TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 144 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 production organisation including partners, sub-contractors and suppliers, whether they are in the State of the applicant or not. The investigation may include; audits, enquiries, questions, discussions and explanations, monitoring, witnessing, inspections, checks, flight and ground tests and inspection of completed products, parts or appliances produced under the POA. In order to maintain its confidence in the standards achieved by a POA holder or applicant the competent authority may make an investigation of a sample product part or appliance and its associated records, reports and certifications. The arrangements should enable the organisation to give positive assistance to the competent authority and co-operate in performing the investigation during both initial assessment and for the subsequent surveillance to maintain the POA. Co-operation in performing investigation means that the competent authority has been given full and free access to the facilities and to any information relevant to demonstrate compliance to Part 21 Section A Subpart G requirements, and assistance (personnel support, records, reports, computer data, etc., as necessary). Assistance to the competent authority includes all appropriate means associated with the facilities of the production organisation to allow the competent authority to perform these investigations, such as the availability of a meeting room, office and personnel support, documentation and data, and communication facilities, all properly and promptly available as necessary. The competent authority seeks to have an open relationship with the organisation and suitable liaison personnel should be nominated to facilitate this, including suitable representative(s) to accompany competent authority staff during visits not only at the organisations own facilities but also at sub-contractors, partners or suppliers. GM No 1 to 21.A.158(a) Uncontrolled non-compliance with applicable design data An uncontrolled non-compliance with applicable design data is a non-compliance:  that cannot be discovered through systematic analysis; or  that prevents identification of affected products, parts, appliances, or material. GM No 2 to 21.A.158(a) Examples of level one findings Examples of level one findings are non-compliances with any of the following points, that could affect the safety of the aircraft: 21.A.139, 21.A.145, 21.A.147, 21.A.148, 21.A.151, 21.A.163, 21.A.165(b), (c), (d), (e), (f) and (g). It should be anticipated that a non-compliance with these points is only considered a level one finding when objective evidence has been found that this finding is an uncontrolled non-compliance that could affect the safety of the aircraft. In addition, the failure to arrange for investigations under 21.A.157, in particular to obtain access to facilities, after denial of one written request should be classified as a level one finding. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 145 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings CAUSAL ANALYIS It is important that the causal analysis does not primarily focus on establishing who or what caused the non-compliance, but on why it was caused. Establishing the root-cause(s) of a non-compliance often requires an overarching view of the events and circumstances that led to it, to identify all the possible systemic and contributing factors (regulatory, human factors, organisational factors, technical, etc.) in addition to the direct factors. A narrow focus on single events or failures, or the use of a simple, linear model, such as a fault tree, to identify the chain of events that led to the non-compliance, may not properly reflect the complexity of the issue, and, it therefore bears the risk that important factors that need to be addressed in order to prevent reoccurrence will be ignored. Such an inappropriate or partial causal analysis often leads to defining ‘quick fixes’ that only address the symptoms of the non-conformity. A peer review of the results of the causal analysis may increase its reliability and objectivity. A system description of the organisation that considers organisational structures, processes and their interfaces, procedures, staff, equipment, facilities and the environment in which the organisation operates, will support both effective causal (reactive) and hazard (proactive) analysis.  21.A.158 Findings GM 21.A.165(d) and (h) Obligations of the holder – Recording and archiving system Records within a production environment satisfy two purposes. Firstly, they are required, during the production process to ensure that products, parts, or appliances are in conformity with the controlling data throughout the manufacturing cycle. Secondly, certain records of milestone events are needed to subsequently provide objective evidence that all prescribed stages of the production process have been satisfactorily completed and that compliance with the applicable design data has been achieved. Therefore, the approved production organisation should implement a system for the compilation and retention of records during all stages of manufacture, covering short-term and long-term records appropriate to the nature of the product and its production processes. The management of such information should be subject to appropriate procedures in the Quality System required by 21.A.139. All forms of recording media are acceptable (paper, film, magnetic, ...) provided they can meet the required duration for archiving under the conditions provided. The related organisation procedures should:  Identify records to be kept.  Describe the organisation of and responsibility for the archiving system (location, compilation, format) and conditions for access to the information (e.g., by product, subject).  Control access and provide effective protection from deterioration or accidental damage. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 146 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21  Ensure continued readability of the records.  Demonstrate to the competent authority proper functioning of the records system.  Clearly identify the persons involved in conformity determination.  Define an archiving period for each type of data taking into account importance in relation to conformity determination subject to the following: a) Data which supports conformity of a product, part, or appliance should be kept for not less than three years from the issue date of the related Statement of Conformity or Authorised Release Certificate. b) Data considered essential for continuing airworthiness should be kept throughout the operational life of the product, part or appliance.  Ensure that the recording and record-keeping system used by the partners, supplier and sub- contractors meet the objective of conformity of the product, part or appliance with the same level of confidence as for their own manufacture. They should define in each case who is to retain the record data (organisation or partner, supplier or sub-contractor). They should also define method for surveillance of the recording/record keeping system of the partners, suppliers or sub-contractors. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 147 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 SUBPART J — DESIGN ORGANISATION APPROVAL GM1 21.A.239(c) Design management system SAFETY MANAGEMENT ELEMENT Safety management seeks to proactively identify hazards and mitigate the related safety risks before they result in aviation accidents and incidents. Safety management enables an organisation to manage its activities in a more systematic and focused manner. When an organisation has a clear understanding of its role and contribution to aviation safety, it enables the organisation to prioritise safety risks and more effectively manage its resources for optimal results. Safety should not be considered the responsibility of a single person or a limited group of people in the organisation. A safety culture should be developed throughout the organisation that involves all the personnel as active contributors to the safety of the final product, part or appliance in accordance with AMC1.21.A.239(c)(1). The requirements established in points 21.A.3A, 21.A.5, 21.A.239, 21.A.245 and 21.A.247 and the related AMC constitute the EU design management system framework for aviation safety management. This framework transposes Appendix 2 to ICAO Annex 19. The EU approach aims at facilitating the introduction of the safety management system into design organisations by inserting the components of safety management into Part 21, thus building upon the existing management systems. Therefore, the approach aims at encouraging organisations to embed safety management and risk-based decision-making into all their activities, instead of superimposing another system onto their existing management system and governance structure. In addition, if the organisation holds multiple organisation certificates issued under Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof (according to point 21.A.239(h)), the organisation may choose to implement a single management system to cover all of its activities. An integrated management system may not only be used to capture multiple certification requirements, but also to cover other business management systems such as quality, security, occupational health and environmental management systems. Integration will remove duplication and exploit synergies by managing safety risks across multiple activities. Organisations may determine the best means to structure their management systems to suit their business and organisational needs. It is important to recognise that safety management will be a continuous activity as hazards, risks and the effectiveness of safety risk mitigations will change over time. The safety management capability of an organisation should be commensurate with the safety risks to be managed, which can be at the product level or at the organisational level: — For instance, the criticality of variants may have no impact on safety, in which case, the safety management system may not need to address this aspect; however, if a large number of variants need to be managed, this may generate additional hazards that need to be mitigated. — The risks that are inherent in a complex structure require a robust safety risk management process (e.g. complex interfaces with different partners who participate in the design of a TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 148 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 product may induce hazards that are complex to mitigate, due to the management of organisational or technical changes). As a consequence, scalability should be a function of the inherent safety risk capability of the organisation. For instance: — the risk assessment model used may be very simple in small organisations where the identified hazards are easy to mitigate; — expert judgement might be sufficient to measure the efficiency of safety barriers; — the collection of data, safety information and occurrences might be very limited; — there might be no need for software or tools to manage the SMS; — the communication policy might be limited. However, small organisations that are involved in activities that entail significant aviation safety risks might require greater SMS resources.  21.A.239 Design management system AMC1 21.A.239(c) Design management system SAFETY MANAGEMENT ELEMENT An organisation that has a safety management element that is compliant with the SMS Industry Standard ‘Implementing a Safety Management System in Design, Manufacturing and Maintenance Organizations’ SM001 Issue A - September 17th, 2018 1, should be considered compliant with the EU framework for aviation safety management as described in GM1 21.A.239(c), provided that compliance with the following additional topics, as appropriate, is demonstrated. Paragraph of SMS Industry Standard Point Additional topics SM001 Issue A - September 17th, 2018 Reporting to EASA as per 21.A.3A (a)(3) (refer to AMC 20-8 and AMC1 21.A.3A(d) as acceptable means of compliance) §6.1.1.1 Safety Policy Compliance with Regulation (EU) §6.2.1 Hazard identification No 376/2014 (refer to GM1 21.A.3A(a)(1) §6.2.2 Safety Risk Assessment and and (b)(1) as a summary of the 21.A.3A Mitigation requirements) §6.3 Safety Assurance Collection, investigation and analysis of data related to flammability reduction §6.4.2 Safety Communication means (FRM) reliability §7 Interfaces between organizations Collection, investigation and analysis of data related to ETOPS significant occurrences Record-keeping (refer to the AMC and 21.A.5 Not available GM related to 21.A.5 as acceptable means of compliance and guidance) 1 https://www.asd-europe.org/sites/default/files/atoms/files/SMS%20Standard_final%20issue%20A_20180917.pdf TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 149 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 §6.1.2 Safety Accountability and Responsibilities §6.1.3 Appointment of Key Safety Personnel §6.2 Safety Risk Management (system (b) description) none §6.3.2 Management of Change §6.3.3 Continuous Improvement of the SMS §6.4.1 Training and Education §1 Introduction §6.1.1.1 Safety Policy Human factors in the safety policy (refer §6.1.1.2 Safety Objectives to AMC1 21.A.239(c)(1) as acceptable §6.1.2 Safety Accountability and means of compliance) Responsibilities Functions of safety review board & safety §6.1.3 Appointment of Key Safety action group (refer to Personnel AMC1 21.A.239(c)(2) and GM1 21.A.239(c)(2) for acceptable means §6.2 Safety Risk Management of compliance and guidance) §6.2.1 Hazard identification Interface risk management in case of 21.A.239 §6.2.2 Safety Risk Assessment and subcontracts (refer to (c) Mitigation AMC1 21.A.239(c)(3) for acceptable means of compliance) §6.3 Safety Assurance Systematic management of all changes, §6.3.1 Safety Performance Monitoring not limited to those having substantive and Measurement impact on safety management (refer to §6.3.2 Management of Change AMC1 21.A.239(c)(4)(ii) for acceptable §6.3.3 Continuous Improvement of means of compliance) the SMS More structured safety training (refer to §6.4 Safety Promotion AMC1 21.A.239(c)(5)(i) for acceptable means of compliance) §6.4.1 Training and Education §6.4.2 Safety Communication §7 Interfaces between organizations §6.1.5 SMS Documentation (e) None §6.4.2 Safety Communication Independency of the monitoring of §6.3.1 Safety Performance Monitoring compliance and adequacy as per (f) and Measurement (paragraph title: 21.A.239(f). Refer to AMC1 21.A.239(f) Need for additional measurement) for acceptable means of compliance) (g) §7.3 Corporate SMS approach None TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 150 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 21.A.243 §6.1.5 SMS Documentation None §6.1.1.1 Safety Policy Identification of managers responsible for the essential functions (refer to §6.1.2 Safety Accountability and AMC1 21.A.245(c)(2) for acceptable Responsibilities 21.A.245(c) means of compliance) §6.1.3 Appointment of Key Safety Definition of competency of personnel Personnel (refer to AMC2 21.A.245(c)(2) for §6.4.1 Training and Education acceptable means of compliance) Systematic management of all changes, not limited to those having substantive 21.A.247 §6.3.2 Management of Change impact on safety management (refer to AMC1 21.A.239(c)(4)(ii) for acceptable means of compliance)  21.A.239 Design management system AMC1 21.A.239(c)(1) Design management system SAFETY POLICY & OBJECTIVES (a) The safety policy should: (1) reflect organisational commitments regarding safety, and its proactive and systematic management, including the promotion of a positive safety culture; (2) include internal reporting principles, and encourage personnel to report design-related errors, incidents and hazards; (3) be endorsed by the head of the design organisation; (4) be communicated, with visible endorsement, throughout the organisation; and (5) be periodically reviewed to ensure that it remains relevant and appropriate to the organisation. (c) The safety policy should include commitments to: (1) comply with all the applicable legislation, meet all the applicable requirements, and adopt practices that work towards improving safety standards; (2) provide the necessary resources for its implementation; (3) apply human factors principles; (4) enforce safety as a primary responsibility of all managers; and (5) apply ‘just culture’ principles and, in particular, to not make available or use any personal information on occurrences: (i) attribute blame or liability for actions, omissions or decisions taken by personnel that are commensurate with their experience and training; or (ii) for any purpose other than the improvement of aviation safety. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 151 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (d) Senior management should continuously promote the safety policy to all personnel, and demonstrate their commitment to it and provide the necessary human and financial resources for its implementation. (e) Taking due account of its safety policy, the organisation should define safety objectives. The safety objectives should: (1) form the basis for safety performance monitoring and measurement; (2) reflect the organisation’s commitment to maintain or continuously improve the overall effectiveness of the management system; (3) be communicated throughout the organisation; and (4) be periodically reviewed to ensure that they remain relevant and appropriate to the organisation.  21.A.239 Design management system GM1 21.A.239(c)(1) Design management system SAFETY POLICY The safety policy is the means for the organisation to state its intention to maintain and, where practicable, improve safety levels in all its activities, and to minimise its contribution to the risk of an aircraft accident or serious incident as far as is reasonably practicable. It reflects the management’s commitment to safety and the organisation’s philosophy of safety management. It is the foundation on which the organisation’s management system is built and serves as a reminder of ‘how we do business here’. The creation of a positive safety culture begins with the issuance of a clear, unequivocal policy statement. The commitment to apply ‘just culture’ principles forms the basis for the organisation’s internal rules that describe how ‘just culture’ principles are guaranteed and implemented. For organisations that have their principal place of business in a Member State, Regulation (EU) No 376/2014 defines the ‘just culture’ principles to be applied (refer, in particular, to Article 16(11) of that Regulation).  21.A.239 Design management system AMC1 21.A.239(c)(2) Design management system SAFETY MANAGEMENT ELEMENT — ORGANISATION AND ACCOUNTABILITIES (a) The management system should encompass safety by defining a structure that is able to administrate and maintain the processes and functions of the safety management system as described in point 21.A.239(c). The head of the design organisation should establish and maintain functions which act as: (1) the safety manager; and (2) a high-level committee that considers matters of strategic safety, sometimes referred to as the ‘safety review board’, depending on the size of the organisation and the nature TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 152 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 and complexity of its activities, and subject to a risk assessment that is agreed by the competent authority. (b) The safety review board function should monitor: (1) the safety performance against the safety policy and objectives; (2) whether any safety action is taken in a timely manner; and (3) the effectiveness of the organisation’s management system processes. (c) The head of the design organisation may also establish and maintain a function, referred to as the ‘safety action group’, in support of the two functions above.  21.A.239 Design management system GM1 21.A.239(c)(2) Design management system SAFETY MANAGEMENT ELEMENT — ORGANISATION AND ACCOUNTABILITIES The organisation may define its structure in the manner that best fits its needs. The following is an example of a possible organisation that complies with the safety management elements of the design management system. The role of the person who assumes, or persons who assume, the function of safety manager should include, but not be limited, to: — support of the head of the design organisation in ensuring the activities described in AMC1 21.A.239(c) are performed — advice to the head of the design organisation on safety matters; and — provision of periodic reports on safety performance to the head of the design organisation and to the safety review board. Regardless of the organisational set-up, it is important for the safety manager or a designated person to remain the unique focal point for the development, administration, and maintenance of the organisation’s management system. When established by the head of the design organisation, the function of the high-level committee (safety review board) is to: — ensure that appropriate resources are allocated to achieve the established safety objectives; — review the results of compliance monitoring; and — monitor the implementation of related corrective and preventive actions. It is composed of heads of functional areas and it is chaired by the head of the design organisation. The role of the safety action group is to: — analyse specific events; — assess mitigation measures; — monitor the safety performance of the organisation; — define actions to control risks to an acceptable level; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 153 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 — assess the impact of organisational changes on safety; — ensure that safety actions are implemented within the agreed timescales; and — review the effectiveness of previous safety actions and safety promotion. — 21.A.239 Design management system AMC1 21.A.239(c)(3) and (4) Design management system SAFETY MANAGEMENT KEY PROCESSES (a) Hazard identification processes (1) Hazard identification should be based on a combination of reactive and proactive methods. (2) The organisation should in particular focus on hazards that may result from non-compliances or errors in the design of the product, part or appliance. (b) Risk management processes (1) A safety risk management process should be developed and maintained that ensures that the safety risks are: (i) analysed (in terms of their probability and the severity of the consequences of hazards and occurrences); (ii) assessed (in terms of their tolerability); and (iii) controlled (in terms of the mitigation of risks to an acceptable level). (2) Within the risk management process, the organisation should specify, who has the authority to make decisions regarding the tolerability of safety risks, in accordance with (b)(1)(ii). (c) Regardless of the approval status of the subcontracted organisations, the design organisation is responsible for ensuring that hazard identification and risk management activities are conducted on all subcontracted activities, as required by point 21.A.239(c)(3), as well as for monitoring of their compliance and adequacy, as required by point 21.A.239(f). (d) Internal investigation (1) In line with its just culture policy, the organisation should define how to investigate incidents such as errors or near misses, in order to understand not only what happened, but also how it happened, and to prevent or reduce the probability and/or consequences of any future recurrences (refer to AMC3 21.A.3A(a)(1) and (b)(1)). (2) The scope of internal investigations should extend beyond the scope of the occurrences that are required to be reported to the competent authority in accordance with point 21.A.3A. (e) Safety performance monitoring and measurement (1) The organisation should establish, implement and maintain a process by which the safety performance of the organisation is continuously verified against the safety policy and safety objectives. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 154 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (2) This process may include, as appropriate to the size, nature and complexity of the organisation: (i) safety reporting that also addresses the status of compliance with the applicable requirements; (ii) safety reviews, including trend reviews, which should be conducted during the introduction and deployment of new products and their components, new equipment/technologies, the implementation of new or changed procedures, or in situations of organisational changes that may have an impact on safety; (iii) safety audits that focus on the integrity of the organisation’s management system, and periodically assess the status of safety risk controls; and (iv) safety surveys that examine particular elements or procedures of a specific area, such as the problem areas identified, or any bottlenecks in the daily design management activities, the perceptions and opinions of the design management personnel, and any areas of dissent or confusion. (f) Management of change The organisation should manage any safety risks that are related to a change. The management of change should be a documented process to identify any external or internal change that may have an adverse effect on safety. It should make use of the organisation’s existing hazard identification, risk assessment and mitigation processes. (g) Continuous improvement The organisation should continuously seek to improve its safety performance and the effectiveness of its management system. Continuous improvement may be achieved through: (1) compliance monitoring and audits carried out by external organisations; (2) assessments, including assessments of the effectiveness of the safety culture and the management system, in particular to assess the effectiveness of safety risk management processes; (3) staff surveys, including cultural surveys, that can provide useful feedback on how engaged personnel are with the management system; (4) monitoring incidents and their recurrences; (5) evaluating the safety performance indicators and reviewing all the available safety performance information; and (6) identifying the lessons learned.  21.A.239 Design management system AMC1 21.A.239(c)(3) Design management system - SAFETY MANAGEMENT ELEMENT — INTERFACES BETWEEN ORGANISATIONS TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 155 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (a) The safety risk management processes should specifically address the planned implementation of, or participation of the organisation in, any complex arrangements (such as when the DO subcontracts work to multiple organisations). (b) Hazard identification and risk assessment start with the identification of all the parties involved in the arrangement, including any independent experts and non-approved organisations. It extends to the overall control structure, assessing in particular the following elements across all subcontract levels and all parties within these arrangements: (1) coordination and interfaces between the different parties; (2) applicable procedures; (3) communication between all the parties involved, including the reporting and feedback channels; (4) task allocation, responsibilities and authorities; and (5) the qualifications and competency of key personnel with reference to point 21.A.245. (c) Safety risk management should focus on the following aspects: (1) clear assignment of accountability and allocation of responsibilities; (2) only one party should be responsible for a specific aspect of the arrangement, with no overlapping or conflicting responsibilities, in order to eliminate coordination errors; (3) the existence of clear reporting lines, both for occurrence reporting and progress reporting; and (4) the possibility for staff to directly notify the organisation of any hazard that suggests an obviously unacceptable safety risk as a result of the potential consequences of this hazard. (d) Regular communication should be ensured between all the parties to discuss work progress, risk mitigation actions, changes to the arrangements, as well as any other significant issues. (e) For any subcontracted activities, interfaces and communication channels are also needed for the purposes of the internal safety reporting scheme (point 21.A.3A).  21.A.239 Design management system AMC1 21.A.239(c)(4)(ii) Design management system MANAGEMENT OF CHANGE (a) Regardless of the magnitude of change, large or small, there should always be proactive consideration of the safety implications. This is primarily the responsibility of the team that proposes or implements the change. However, a change can only be successful if all the personnel affected by the change are engaged and involved, and they participate in the process. The magnitude of a change, its safety criticality, and its potential impact on human performance should be assessed in any change management process. (b) Special consideration, including human factor issues, should be given to the transition period during which the change will become effective. In addition, the activities utilised to manage TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 156 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 these issues should be integrated into the change management plan. The purpose of integrating human factors into the management of change is to minimise the potential risks by specifically considering the impact of the change on the people within a system. (c) During the process for the management of a change, previous risk assessments and existing hazards should be reviewed for their possible effects.  21.A.239 Design management system GM1 21.A.239(c)(4)(ii) Design management system MANAGEMENT OF CHANGE Unless properly managed, changes in the organisational structure, facilities, scope of work, personnel, documentation, policies and procedures, etc. can result in the inadvertent introduction of new hazards, which can expose the organisation to new, or greater risks. Effective organisations seek to improve their processes, with conscious recognition that changes can expose the organisation to potentially latent hazards and risks if they are not properly and effectively managed. The process for the management of change typically provides principles and a structured framework for managing all aspects of changes. Disciplined application of change management can maximise the effectiveness of the change, engage staff, and minimise the risks inherent in change. A change may have the potential to introduce new human factor issues, or to exacerbate pre- existing ones. For example, changes in computer systems, equipment, technology, personnel changes, including changes in management personnel, procedures, the work organisation, or work processes are likely to affect performance. Effective management of change is supported by the following: — Implementation of a process for formal hazard identification/risk analysis and assessment for major operational changes, major organisational changes, changes in key personnel, and changes that may affect the way in which design management is carried out. — Identification of changes that are likely to occur in business, which would have a noticeable impact on:  resources — material and human;  management direction — policies, processes, procedures, training; and  management control. — Safety cases/risk assessments that are aviation-safety focused. — The involvement of key stakeholders in the change management process, as appropriate. — 21.A.239 Design management system AMC1 21.A.239(c)(5) Design management system SAFETY COMMUNICATION (a) The organisation should establish communication with its personnel, as appropriate for their safety responsibilities, about safety matters that: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 157 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (1) ensures that all the personnel are aware of the safety management activities; (2) conveys safety-critical information, especially related to assessed risks and analysed hazards; (3) explains why particular actions are taken; and (4) explains why safety procedures are introduced or changed. (b) Regular meetings with personnel, as appropriate for their safety responsibilities, during which information, actions, and procedures are discussed, may be used to communicate safety matters.  21.A.239 Design management system GM1 21.A.239(c)(5) Design management system SAFETY PROMOTION Safety training, combined with safety communication and information sharing, is a part of safety promotion. Safety promotion activities are intended to: — support the organisation’s policies; — encourage a positive safety culture; — create an environment that is favourable to the achievement of the organisation’s safety objectives; — support organisational learning; — support the implementation of an effective safety reporting scheme; and — support the development of a just culture. Depending on the particular safety issue, safety promotion may also constitute or complement risk mitigation actions.  21.A.239 Design management system AMC1 21.A.239(c)(5)(i) Design management system SAFETY TRAINING (a) The design management staff, as described in points 21.A.245(a) and (b), should receive initial and recurring safety training, as appropriate for their responsibilities, to ensure their continued competency, including safety management principles and the associated safety objectives. The organisation should assess the category of staff for which this training should be provided. (b) Adequate records of all the safety training provided should be kept in accordance with point 21.A.5. (c) Initial training that is compliant with the organisation’s training standards should be provided to each member of the personnel within 6 months of joining the organisation, unless their TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 158 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 competency assessment justifies that there is no need for such a training. Personnel who are recruited from another organisation and temporary staff should be assessed for whether they need to receive any additional safety management training. (d) Recurrent safety training should be delivered either as a dedicated course, or else integrated within other training. It should be of an appropriate duration in each 2-year period, in relation to the relevant compliance monitoring audit findings and any other internal/external sources of information available to the organisation on safety, and in design.  21.A.239 Design management system. GM1 21.A.239(c)(5)(i) Design management system SAFETY TRAINING The main purpose of the safety training programme is to: — support safety management policies and processes, including human factors training; and — ensure that personnel at all levels of the organisation develop and maintain their competency to fulfil their safety roles. Each organisation should adapt the syllabus to its own needs. Typically, at least the following items should be included: — The organisational roles and responsibilities related to safety, including the hazard identification and risk management processes, and to fostering a positive safety culture; — Safety objectives and the associated safety performance indicators; — Human factors principles, including human performance and limitations; — Legislation, where applicable; — Safety reporting systems and investigations; and — Safety issues. The purpose of the recurrent safety training is: — primarily to ensure that staff remain current, notably on changes to SMS principles, processes and procedures; and — also to share feedback on safety issues that are relevant to the organisation or lessons learned. The training staff should have sufficient knowledge and experience to teach the topics at the required level, with the skills to influence attitudes and behaviours.  21.A.239 Design management system GM No 1 to 21.A.239(d)(a) Design assurance management system DESIGN ASSURANCE ELEMENT (a)1. Purpose TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 159 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 This GM outlines some basic principles and objectives of 21.A.239(a).the design assurance element. (b)2. Definitions 2.(1) The design assurance system is includes the organisational structure, responsibilities, procedures and resources to ensure the proper functioning of the design organisation. 2.(2) The design Design assurance refers to means all those planned and systematic actions necessary to provide adequate confidence that the organisation has the capability to: — to design products or parts in accordance with the applicable type certification basis, the OSD certification basis CS and the environmental protection requirements;, — to demonstrate and verify the compliance with these type certification basis, the OSD certification basis CS and the environmental protection requirements;, and — to demonstrate to the Agency EASA this compliance. 2.(3) The ‘Type Iinvestigation’ means refers to the tasks of the organisation in support of the TCtype-certificate, STCtype-certificate or other design approval processes necessary to demonstrate and verify and to maintain compliance with the applicable type certification basis, OSD certification basis CS and environmental protection requirements. 3. Design Assurance The complete process, starting with the CS and environmental protection requirements and product specifications and culminating with the issuing of a type-certificate, is shown in the diagram on Figure 1. This identifies the relationship between the design, the Type Investigation and design assurance processes. Effective design assurance demands a continuing evaluation of factors that affect the adequacy of the design for intended applications, in particular that the product, or part, complies with applicable CS and environmental protection requirements and will continue to comply after any change. Two main aspects should therefore be considered:  How the planned and systematic actions are defined and implemented, from the very beginning of design activities up to continued airworthiness activities;  How these actions are regularly evaluated and corrective actions implemented as necessary. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 160 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Figure 1 - RELATIONSHIPS BETWEEN DESIGN, DESIGN ASSURANCE AND TYPE INVESTIGATION TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 161 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 3.1 Planned and Systematic Actions For design organisations carrying out Type Investigation of products, the planned and systematic actions should cover the following tasks and procedures should be defined accordingly: 3.1.1 General a. To issue or, where applicable, supplement or amend the handbook in accordance with 21.A.243, in particular to indicate the initiation of design activities on a product. b. To assure that all instructions of the Handbook are adhered to. c. To conduct Type Investigation. d. To nominate staff as ‘compliance verification engineers’ responsible to approve compliance documents as defined in paragraph 3.1.3. e. To nominate personnel belonging to the Office of Airworthiness responsible as defined in paragraph 3.1.4. f. In the case of an applicant for a supplemental type-certificate, to obtain the agreement of the type-certificate holder for the proposed supplemental type-certificate to the extent defined in 21.A.115. g. To ensure full and complete liaison between the type design organisation and related organisations having responsibility for products manufactured to the type-certificate. h. To provide the assurance to the Agency that prototype models and test specimens adequately conform to the type design (see 21.A.33(b)(1)). 3.1.2 Chief Executive and Head of design organisation (or his or her Deputy) a. The Chief Executive should provide the necessary resources for the proper functioning of the design organisation. b. The Head of the design organisation, or an authorised representative, should sign a declaration of compliance (see 21.A.20(d) and 21.A.97(a)(3)) with the applicable CS and environmental protection requirements after verification of satisfactory completion of the Type Investigation. In accordance with 21.A.20(e) and 21.A.97(a)(4), his or her signature on the declaration of compliance confirms that the procedures as specified in the handbook have been followed (see also GM 21.A.265(b)). c. The functions of Chief Executive and Head of the design organisation may be performed by the same person. 3.1.3 Compliance Verification a. Approval by signing of all compliance documents, including test programmes and data, necessary for the verification of compliance with the applicable CS and environmental protection requirements as defined in the certification programme. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 162 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 b. Approval of the technical content (completeness, technical accuracy...), including any subsequent revisions, of the manuals approved by the Agency (Aircraft Flight Manual, the Airworthiness Limitations section of the Instructions for Continued Airworthiness and the Certification Maintenance Requirements (CMR) document, where applicable). 3.1.4 Office of Airworthiness a. Liaison between the design organisation and the Agency with respect to all aspects of the certification programme. b. Ensuring that a handbook is prepared and updated as required in 21.A.243. c. Co-operation with the Agency in developing procedures to be used for the type certification process. d. Issuing of guidelines for documenting compliance. e. Co-operation in issuing guidelines for the preparation of the manuals required by the applicable implementing rules, Service Bulletins, drawings, specifications, and standards. f. Ensuring procurement and distribution of applicable CS and environmental protection requirements and other specifications. g. Co-operating with the Agency in proposing the type-certification basis h. Interpretation of CS and environmental protection requirements and requesting decisions of the Agency in case of doubt. i. Advising of all departments of the design organisation in all questions regarding airworthiness, operational suitability, environmental protection approvals and certification. j. Preparation of the certification programme and co-ordination of all tasks related to Type Investigation in concurrence with the Agency. k. Regular reporting to the Agency about Type Investigation progress and announcement of scheduled tests in due time. l. Ensuring co-operation in preparing inspection and test programmes needed for demonstration of compliance. m. Establishing the compliance checklist and updating for changes. n. Checking that all compliance documents are prepared as necessary to demonstrate compliance with all CS and environmental protection requirements, as well as for completeness, and signing for release of the documents. o. Checking the required type design definition documents described in 21.A.31 and ensuring that they are provided to the Agency for approval when required. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 163 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 p. Preparation, if necessary, of a draft for a type-certificate data sheet and/or type-certificate data sheet modification. q. Providing verification to the head of the design organisation that all activities required for Type Investigation have been properly completed. r. Approving the classification of changes in accordance with 21.A.91 and granting the approval for minor changes in accordance with 21.A.95(b). s. Monitoring of significant events on other aeronautical products as far as relevant to determine their effect on airworthiness or operational suitability of products being designed by the design organisation. t. Ensuring co-operation in preparing Service Bulletins and the Structural Repair Manual, and subsequent revisions, with special attention being given to the manner in which the contents affect airworthiness and environmental protection and granting the approval on behalf of the Agency. u. Ensuring the initiation of activities as a response to a failure (accident/incident/in-service occurrence) evaluation and complaints from the operation and providing of information to the Agency in case of airworthiness or operational suitability impairment (continuing airworthiness and continued operational suitability). v. Advising the Agency with regard to the issue of airworthiness directives in general based on Service Bulletins. w. Ensuring that the manuals approved by the Agency, including any subsequent revisions (the Aircraft Flight Manual, MMEL, the Airworthiness Limitations section of the Instructions for Continued Airworthiness and the Certification Maintenance Requirements (CMR) document, where applicable) are checked to determine that they meet the respective requirements, and that they are provided to the Agency for approval. 3.1.5 Maintenance and Operating Instructions a. Ensuring the preparation and updating of all maintenance and operating instructions (including Services Bulletins) needed to maintain airworthiness (continuing airworthiness) in accordance with relevant CS. For that purpose, the applicant should:  establish the list of all documents it is producing to comply with the Appendix referred to in CS 23.1529, CS 25.1529, CS 27.1529, CS 29.1529, CS-E 25 or CS-P 40 (NPA P-3);  define procedures and organisation to produce and issue these documents, using where applicable and so elected 21.A.263(c)(3) privilege. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 164 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 b. In accordance with 21.A.57, 21.A.61, 21.A.107, 21.A.119, 21.A.120A and 21.A.449, ensuring that these documents are provided to all affected operators and all involved authorities. 3.1.6 Operational Suitability Data a. Ensuring the preparation and updating of all operational suitability data in accordance with relevant CS. For that purpose, the applicant should:  establish the list of all documents it is producing to comply with CS- MMEL or CS-GEN-MMEL, CS-FCD, CS-CCD, CS-SIMD and CS-MCSD as applicable;  define procedures and organisation to produce and issue these documents, using where applicable and so elected 21.A.263(c)(3) privilege. b. In accordance with 21.A.57, 21.A.62, 21.A.108, 21.A.119 and 21.A.120B, ensuring that these documents are provided to all affected operators and training organisations and all involved authorities. 3.2 Continued effectiveness of the design assurance system. The organisation should establish the means by which the continuing evaluation (system monitoring) of the design assurance system will be performed in order to ensure that it remains effective.  21.A.239 Design management system AMC1 21.A.239(d) Design management system DESIGN ASSURANCE ELEMENT (a) Reserved (b) Reserved (c) Design assurance system The complete design process, starting with the type certification basis, OSD certification basis and environmental protection requirements and product specifications and culminating with the issuing of a TC, is shown in the diagram on Figure 1. This identifies the relationship between the design, the type investigation and the design assurance processes. Effective design assurance demands a continuing evaluation of any factors that affect the adequacy of the design for the intended applications. In particular, it must be ensured that the product or part complies with the applicable type certification basis, the OSD certification basis and the environmental protection requirements, and will continue to comply after any change. Two main aspects should therefore be considered: — How the planned and systematic actions are defined and implemented from the very beginning of the design activities up to the continued airworthiness activities; — How these actions are regularly evaluated and corrective actions are implemented as necessary. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 165 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Figure 1 — RELATIONSHIPS BETWEEN DESIGN, DESIGN ASSURANCE AND TYPE INVESTIGATION TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 166 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (1) Planned and systematic actions For design organisations that carry out type investigations of products, their planned and systematic actions should cover the following tasks, and the related procedures should be defined accordingly: (i) General (A) To issue or, where applicable, supplement or amend the handbook in accordance with point 21.A.243, in particular to indicate the initiation of design activities on a product. (B) To assure that all the instructions of the handbook are adhered to. (C) To conduct type investigations. (D) To nominate staff as ‘compliance verification engineers’ who are responsible for approving compliance documents as defined in point (c)(1)(iii). (E) To nominate personnel who belong to the Office of Airworthiness and are responsible as defined in point (c)(1)(iv). (F) In the case of an applicant for a STC, to obtain the agreement of the TCholder for the proposed STCto the extent defined in point 21.A.115. (G) To ensure that there is full and complete liaison between the type design organisation and the related organisations who have responsibility for the products manufactured to the TC. (H) To provide assurance to EASA that any prototype models and test specimens adequately conform to the type design (see point 21.A.33(b)(1)). (ii) Chief executive officer and head of the design organisation (or his or her deputy) (A) The chief executive officer should provide the necessary resources for the proper functioning of the design organisation. (B) The head of the design organisation, or an authorised representative, should sign a declaration of compliance (see points 21.A.20(d) and 21.A.97(a)(3)) with the applicable type certification basis, the OSD certification basis and the environmental protection requirements after verifying the satisfactory completion of the type investigation. In accordance with points 21.A.20(e) and 21.A.97(a)(4), his or her signature on the declaration of compliance confirms that the procedures as specified in the handbook have been followed (see also GM 21.A.265(b)). (C) The functions of the chief executive officer and the head of the design organisation may be performed by the same person. (iii) Compliance verification (A) Approval by the signing of all the compliance documents, including test programmes and data that are necessary for the verification of compliance TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 167 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 with the applicable type certification basis, the OSD certification basis and the environmental protection requirements as defined in the certification programme. (B) Approval of the technical content (completeness, technical accuracy, etc.), including any subsequent revisions, of the manuals approved by EASA (the aircraft flight manual, the airworthiness limitations section of the instructions for continued airworthiness and the certification maintenance requirements (CMR) document, where applicable). (iv) Office of Airworthiness (A) Liaison between the design organisation and EASA with respect to all aspects of the certification programme. (B) Ensuring that a handbook is prepared and updated as required in point 21.A.243. (C) Cooperation with EASA in developing procedures to be used for the type certification process. (D) Issuing of guidelines for documenting compliance. (E) Cooperation in issuing guidelines for the preparation of the manuals required by the applicable requirements, service bulletins, drawings, specifications, and standards. (F) Ensuring procurement and distribution of the applicable type certification basis, OSD certification basis and environmental protection requirements and other specifications. (G) Cooperating with EASA in proposing the type certification basis (H) The interpretation of the type certification basis, the OSD certification basis and the environmental protection requirements and requesting decisions from EASA in cases of doubt. (I) Advising all the departments of the design organisation on all questions regarding airworthiness, operational suitability, environmental protection approvals and certification. (J) Preparation of the certification programme and coordination of all the tasks related to type investigations in concurrence with EASA. (K) Regular reporting to EASA about the progress of type investigations, and announcing scheduled tests in due time. (L) Ensuring cooperation in preparing the inspection and test programmes needed for demonstrations of compliance. (M) Establishing the compliance checklist and updating it with any changes. (N) Checking that all the compliance documents are prepared that are necessary to demonstrate compliance with the type certification basis, the TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 168 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 OSD certification basis and the environmental protection requirements, as well as for completeness, and signing the documents for release. (O) Checking the required type design definition documents described in point 21.A.31 and ensuring that they are provided to EASA for approval when required. (P) Preparation, if necessary, of a draft of a TCDS and/or a modification to a TCDS. (Q) Providing verification to the head of the design organisation that all the activities required for a type investigation have been properly completed. (R) Approving the classification of changes in accordance with point 21.A.91 and granting approvals for minor changes in accordance with point 21.A.95(b). (S) Monitoring significant events on other aeronautical products, as far as they are relevant, to determine their effect on the airworthiness or the operational suitability of the products designed by the design organisation. (T) Ensuring that there is cooperation in preparing service bulletins and the structural repair manual, and any subsequent revisions, with special attention being given to the manner in which the contents affect airworthiness and environmental protection, and granting the approval on behalf of EASA. (U) Ensuring the initiation of activities as a response to a failure (accident/incident/in-service occurrence) evaluation and complaints from the operation, and providing information to EASA if the airworthiness or the operational suitability are impaired (continuing airworthiness and continued operational suitability). (V) Advising EASA on the issuing of airworthiness directives in general based on Service Bulletins. (W) Ensuring that the manuals approved by EASA, including any subsequent revisions (to the aircraft flight manual, the MMEL, the airworthiness limitations section of the instructions for continued airworthiness and the certification maintenance requirements (CMR) document, where applicable) are checked to determine whether they meet their respective requirements, and that they are provided to EASA for approval. (v) Maintenance and operating instructions (A) Ensuring the preparation and updating of all the maintenance and operating instructions (including instructions for continued airworthiness and service bulletins) that are needed to maintain airworthiness (i.e. continuing airworthiness) in accordance with the relevant CSs. For that purpose, the applicant should: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 169 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 — establish the list of all the documents it is producing to comply with the Appendix referred to in CS 23.1529, CS 25.1529, CS 27.1529, CS 29.1529, CS-E 20/25 or CS-P 40 (NPA P-3); — establish a system to collect in-service experience to be used for the improvement of the instructions; — define the procedures and the organisation that will produce and issue these documents, under the obligation of point 21.A.265(h); the procedures should cover the:  preparation, including the format and language (available industrial standards can be referred to and used);  proofreading (checking for clarity, readability, typos, etc.);  checking of technical consistency with the corresponding approved change(s), repair(s) or approved data, including the effectivity, description, effects on airworthiness and environmental protection, especially when limitations are changed;  checking of feasibility in practical applications; and  responsibilities and authorised signatories. (B) In accordance with points 21.A.57, 21.A.61, 21.A.107, 21.A.119, 21.A.120A and 21.A.449, ensuring that these documents are provided to all known operators and all the involved authorities. (vi) Operational suitability data (OSD) (A) Ensuring the preparation and updating of all OSD in accordance with the relevant CSs. For that purpose, the applicant should: — establish the list of all the documents it is producing to comply with CS-MMEL or CS-GEN-MMEL, CS-FCD, CS-CCD, CS-SIMD and CS-MCSD, as applicable; — define the procedures and the organisation that will produce and issue these documents, under the obligation of point 21.A.265(h); the procedure should cover the aspects described in (c)(1)(v)(A) above. (B) In accordance with points 21.A.57, 21.A.62, 21.A.108, 21.A.119 and 21.A.120B, ensuring that these documents are provided to all the affected operators and training organisations, and all the involved authorities. (d) Continued effectiveness of the design assurance system The organisation should establish the means by which the independent monitoring of the compliance and adequacy of the design assurance system will be performed in order to ensure that it remains effective. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 170 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21  21.A.239 Design management system AMC2 GM No 2 to 21.A.239(d)(a) Design management system Design assurance system for minor changes to type design or minor repairs to products DESIGN ASSURANCE ELEMENT FOR MINOR CHANGES TO TYPE DESIGN OR MINOR REPAIRS TO PRODUCTS (a)1. Purpose This GM AMC outlines some basic principles and objectives in order to comply with 21.A.239(a) the design assurance element for organisations designing only minor changes to type design or minor repairs to products. (b)2. Design assurance system The design assurance system should include the following: — an organisational structure to:  control the design;  demonstrate compliance with the applicable type certification basis, the OSD certification basis CS and the environmental protection requirements;  independently check demonstrations of compliance;  liaise with the Agency EASA;  continuously evaluate the design organisation; and  control sub-contractors subcontractors; and — procedures and responsibilities associated with the functions listed above, taking due account of Part 21 requirements applicable to design and approval of minor changes to type design or minor repairs to products. — 21.A.239 Design management system AMC 21.A.239(a)(3) Design assurance system – Independent system monitoring The system monitoring function required by 21.A.239(a)(3) may be undertaken by the existing quality assurance organisation when the design organisation is part of a larger organisation. AMC1 21.A.239(d)(2)(b) Design management assurance system - Independent checking function of the demonstration of compliance INDEPENDENT VERIFICATION FUNCTION OF THE DEMONSTRATION OF COMPLIANCE (a)1. The independent verification checking function of the demonstration of compliance should consist of the verification by a person who did not creating create the compliance data. Such a person may work in conjunction with the individuals who prepare compliance data. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 171 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (b)2. The verification should be shown by signing compliance documents, including test programmes and data. (c)3. For a product, there is normally only one compliance verification engineer nominated for each relevant subject. A procedure should cover the non-availability of nominated persons and their replacement when necessary. (d)4. For STC cases, when compliance statement and associated documentation are produced by the TC holder, and when this these data is are approved under the system of the authority of TC holder, then the STC applicant does not need to provide, within its own DOA, the independent verification checking function required in point 21.A.239(d)(2)(b) for these this data.  21.A.239 Design management system. GM1 21.A.239(d)(3)(c) Design management system Design assurance system DESIGN ASSURANCE ELEMENT In meeting the requirements of point 21.A.239(d)(3)(c), the applicant for a design organisation approval under Subpart J may adopt the following policy: (a)1. The satisfactory integration of the Partner/Sub-contractor partner/subcontractor and applicant’s design assurance systems should be is demonstrated for the activities covered under the applicant’s terms of approval. (b)2. In the event that a Partner/Sub-contractor partner/subcontractor holds a design organisation approval (DOA), then in accordance with point 21.A.239(d)(3)(c), the applicant may take this into account in demonstrating the effectiveness of this integrated system. (c)3. When any Partner/Sub-contractor partner/subcontractor does not hold a DOA, then the applicant will need to establish to its own satisfaction and the satisfaction of the Agency EASA, the adequacy of that partner’s/sub-contractor’ subcontractor’s design assurance system in accordance with point 21.A.243(b).  21.A.239 Design management system AMC1 21.A.239(e) Design management system DOCUMENTATION (a) The manual or the handbook that is used to document the management system should be the key instrument used by an organisation to internally communicate its approach to management systems. (b) The organisation may document its safety policy, safety objectives and all the safety management system key processes (as required in point 21.A.239(a)(1)) in a separate manual (e.g. a safety management manual or management system manual) or in its handbook. Organisations that hold multiple organisation approvals, issued on the basis of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, may prefer to have a separate manual in order to avoid duplication. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 172 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (c) The organisation may also choose to place in separate documents (e.g. policy documents, procedures) some of the information that is required to be documented. (d) If any required information is placed in a separate document, the manual or the handbook should contain adequate references to that document. Any such referenced documents should be considered integral parts of the organisation’s management system documentation.  21.A.239 Design management system AMC1 21.A.239(f) Design management system INDEPENDENT MONITORING OF COMPLIANCE AND ADEQUACY (a) The function that carries out independent monitoring of the compliance and adequacy of the documented procedures of the design management system should ensure that: (1) the activities of the organisation are monitored for their adequacy and compliance with the applicable requirements and with any additional requirements as established by the organisation, and that these activities are carried out properly under the supervision of the nominated persons referred to in point 21.A.245(b); (2) all subcontracted design activities are monitored; (3) an objective review of the complete set of design management related activities is provided through independent audits; (4) the independence of the audit is established by always ensuring that audits and inspections are carried out by personnel who are not responsible for the function, procedure or products that they audit or inspect; (5) an audit plan is established to show when and how often the activities required by Part 21 will be audited; and (6) the audit cycle should be determined through a risk assessment agreed by the competent authority and that it does not exceed the applicable audit planning cycle according to 21.B.432. That determination should consider at least the following aspects: (i) the criticality of the items checked during the audit; and (ii) the safety performance of the organisation, including any previous findings and root causes; (7) when a non-compliance is found, the root cause(s) and contributing factor(s) are identified and corrective actions are defined. The feedback part of the compliance monitoring function should define who is required to address any non-compliance in each particular case, and the procedure to be followed if the corrective action is not completed within the defined time frame. (c) The independent monitoring of compliance and adequacy required by point 21.A.239(f) may be undertaken by the existing quality assurance organisation if the design organisation is part of a larger organisation.  21.A.239 Design management system TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 173 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC1 No 1 to 21.A.243(a) Data requirements Handbook (a) Personnel should be familiar with those parts of the handbook that are relevant to their tasks. (b) The handbook should provide the following information for each product covered by the design organisation approval. (1). A description of the tasks which can be performed under the approval, according to the following classification: (i)a. General areas, like subsonic turbojet aeroplanes, turbopropeller turboprop aeroplanes, small aeroplanes, rotorcraft. (ii)b. Technologies handled by the organisation (composite, wood or metallic construction, electronic systems, etc.) (iii)c. A list of types and models for which the design approval has been granted and for which privileges may be exercised, supported by a brief description for each product. (iv)d. For repair design, classification and (if appropriate) approval activities it is necessary to specify the scope of activity in terms of structures, systems, engines, etc. (2). A general description of the organisation, its main departments, their functions and the names of those in charge; a description of the line management and of the functional relationships between the various departments. (3). A description of the assigned responsibilities and delegated authority of all parts of the organisation which, taken together, constitute the organisation’s design assurance management system, together with a chart indicating the functional and hierarchical relationship of the design assurance management system to the Mmanagement and to other parts of the organisation; also the chains of responsibilities within the design assurance management system, and the control of the work of all partners and sub- contractors subcontractors. (4). A general description of the way in which the organisation performs all the design functions in relation to airworthiness, operational suitability and environmental protection approvals including: (i)a. The procedures followed and forms used in the type investigation Type Investigation process to ensure that the design of, or the change to the design of, the product, as applicable, is identified and documented, and complies with the applicable type certification basis, the OSD certification basis CS and the environmental protection requirements, including specific requirements for import by importing authorities (ii)b. The procedures for classifying design changes as ‘major’ or ‘minor’ and for the approval of minor changes. (iii)c. The procedures for classifying and approving unintentional deviations from the approved design data occurring in production (concessions or non-conformities non-conformance’s). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 174 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (iv)d. The procedure for classifying and obtaining approval for repairs. (5) A general description of the way in which the organisation performs its functions in relation to the continuing airworthiness and continued operational suitability of the product it designs, including co-operation cooperation with the production organisation when dealing with any continuing airworthiness actions that are related to the production of the product, part or appliance, as applicable. (6) A description of the human resources, facilities and equipment, which constitutes the means for design, and where appropriate, for ground and flight testing. (7) An outline of a system for controlling and informing the staff Staff of the organisation of current changes in engineering drawings, specifications and design assurance management procedures. (8) A description of the recording system for: (i)a. The the type design, including relevant design information, drawings and test reports, including inspection records of test specimens.; (ii)b. The the means of compliance.; and (iii)c. The the compliance documentation (compliance checklist check list, reports, etc....). (9) A description of the record-keeping system to comply with point 21.A.5 21.A.55 and 21.A.105. (10) A description of the means by which the organisation monitors and responds to problems affecting the airworthiness or operational suitability of its product during design, production and in service in particular to comply with point 21.A.3A (see also AMC1 21.A.239(d), GM No 1 to 21.A.239(a), paragraphs points (c)(1)(iv)(S) and (U). (11) The names of the design organisation authorised signatories. Nominated persons with specific responsibilities such as mentioned in points 21.A.33 and 21.A.35 should be listed. (12) (Reserved) The description of the organisation’s safety policy and the objectives of the organisation as required by point 21.A.239(c)(1). (13) A clear definition of the tasks, competence and areas of responsibility of the Office of Airworthiness. (14) A description of the procedures for the establishment and the control of the maintenance and operating instructions (see points 21.A.57, 21.A.61, 21.A.107, 21.A.119, 21.A.120A and 21.A.449). (15) A description of the means by which the continuing evaluation (system monitoring) of the design assurance management system will be performed in order to ensure that it remains effective. (16) A description of the procedures for the establishment and the control of the operational suitability data (see points 21.A.57, 21.A.62, 21.A.108, 21.A.119 and 21.A.120B). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 175 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (17) A description of the internal safety reporting scheme as required by point 21.A.3A(a)(1)(ii); (18) A statement, signed by the head of the design organisation (and countersigned by the chief executive officer, if different), confirming that the design management handbook and any associated manuals will be complied with at all times. This statement should read as follows, or embrace the intent of the following paragraph: ‘This handbook defines the organisation and procedures upon which EASA’s design organisation approval is based. These procedures are approved by the undersigned, and must be complied with, as applicable, in order to ensure that all design activities are carried out on time and to an approved standard. It is understood that the approval of the design organisation is based on the continuous compliance or the organisation with the applicable requirements of Part 21, and with the organisation’s procedures described in this handbook. EASA is entitled to limit, suspend, or revoke the approval, if the organisation fails to fulfil the obligations imposed by Part 21, or any conditions according to which the approval was issued. Signed ..................................... Dated ...................................... Head of the design organisation and ... (quote position) Chief executive officer… For and on behalf of ... (quote organisation’s name) The statement should be re-issued, at the earliest opportunity, whenever the head of the design organisation is changed.  21.A.243 Handbook AMC2 No 2 to 21.A.243(a) Data requirements – Model content of handbook for organisations designing minor changes to type design or minor repairs to products Handbook MODEL CONTENT OF HANDBOOK FOR ORGANISATIONS DESIGNING MINOR CHANGES TO TYPE DESIGN OR MINOR REPAIRS TO PRODUCTS Part 1. Organisation 1.1 Objective of the handbook and binding statement 1.2 Responsible person for administration of the handbook 1.3 Amendment procedure 1.4 List of effective pages 1.5 Distribution list TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 176 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 1.6 Presentation of the design organisation (including locations) 1.7 Scope of work (with identification of type and models of products) 1.8 Organisation charts 1.9 Human resources 1.10 Management staff 1.11 Certifying personnel (see GM No 2 to 21.A.243(d), paragraph 2) 1.12 Independent system monitoring Part 2. Procedures 2.1 Management of changes to type design and design of repairs  configuration control  classification  approval of minor changes to type design and minor repairs 2.2 Control of design sub-contractors subcontractors 2.3 Collecting/Investigating of failures, malfunctions and defects 2.4 Co-ordination Coordination with production 2.5 Documentation control  in relations relation with the changes and repairs  in relation with failures/malfunctions and defects (i.e. Services Bulletins) 2.6 Record-keeping  21.A.243 Handbook AMC1 21.A.243(d) Handbook STATEMENT OF QUALIFICATIONS AND EXPERIENCE (a) The following statements should be provided: (1) Other management staff The person nominated represents, or persons nominated represent, the management structure of the organisation and is, or are, responsible through the head of the design organisation to the chief executive officer for the execution of all the functions specified in Subpart J of Part 21. Depending on the size of the organisation, the functions may be subdivided under individual managers. The nominated managers should be identified, and their relevant knowledge and satisfactory experience related to the nature of the design activities that they perform should be demonstrated. For each nominated manager, the organisation should provide this data to EASA on EASA Form 4-DOA (see EASA website: http://easa.europa.eu/certification/application-forms.php) to show that they are TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 177 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 suitable in terms of their relevant knowledge and satisfactory experience related to the nature of the design activities performed by the organisation. The responsibilities and the tasks of each individual manager should be clearly defined, in order to prevent any uncertainties about the relations within the organisation. The responsibilities of the managers should be defined in a way that all responsibilities are covered. (2) The personnel who make decisions that affect airworthiness, operational suitability and environmental protection For these personnel, no individual statements are required. The organisation should demonstrate that there is a system to select, train, maintain and identify them for all the tasks for which they are needed. (b) The personnel defined in (a) should be identified in the handbook or in a document linked to the handbook. This, and the corresponding procedures, should enable them to carry out the assigned tasks and to properly discharge the associated responsibilities. (c) The number of these personnel who are needed to sustain the design activities should be identified by the organisation. (d) The personnel defined in (a) should be chosen on the basis of their knowledge, background and experience. (e) When necessary, complementary training should be established, to ensure that personnel have sufficient background and knowledge in the scope of their authorisation. The minimum standards for new personnel to qualify in the functions should be established. The training should lead to a satisfactory level of knowledge of the procedures that are relevant for each particular role. (f) Training policy forms a part of the design management system, and its appropriateness forms a part of investigation by EASA within the organisation approval process and the subsequent surveillance of the persons proposed by the organisation. (g) This training should be adapted in response to experience gained within the organisation (h) The organisation should maintain a record of the personnel defined in (a) as defined in AMC 21.A.5(d).  21.A.243 Handbook GM1 No 1 to 21.A.243(d) Handbook Statement of qualifications and experience STATEMENT OF QUALIFICATIONS AND EXPERIENCE 1. Purpose This GM provides guidelines on the following points:  Who are the persons covered by 21.A.243(d)?  What is requested from the applicant for these persons? TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 178 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 2. Who are the persons? Three different types of functions are named or implicitly identified in the requirements of Part 21 Subpart J or in the associated AMC and GM, using qualified and experienced personnel:  the Chief Executive chief executive officer [see GM No 1 to 21.A.239(a) AMC1 21.A.239(d), point (c)(1)(ii) para. 3.1.2, GM 21.A.249, GM 21.A.265(b)]  the other management staff:  the Head head of the design organisation [see GM No 1 to 21.A.239(a) AMC1 21.A.239(d), point (c)(1)(ii) para.3.1.2, GM No 1 21.A.245 AMC1 21.A.245, point (d)(1)4.1, GM 21.A.265(b)]  the Chief of the Office of Airworthiness, or [see GM No 1 21.A.245 AMC1 21.A.245, point (d)(2) 4.2]  the Chief of the independent monitoring function of the design assurance system [see point 21.A.239(a)(3) and AMC1 No 1 to 21.A.243(a), point (b)(2) para.2]  the safety manager function [see AMC1 21.A.239(c)(2)]  the safety review board function, depending on the size of the organisation, the nature and complexity of its activities [see AMC1 21.A.239(c)(2)]  the personnel making decisions affecting airworthiness, operational suitability and environmental protection:  compliance verification engineers [see AMC1 to 21.A.239(d), para.3.1.3; AMC 21.A.239(b) AMC1 21.A.239(d)(2)]  personnel of the Office of Airworthiness making decisions affecting airworthiness, operational suitability and environmental protection, especially those linked with the point 21.A.263 privileges (signing documents for release, approving classification of changes and repairs, and granting the approval of minor changes and minor repairs, granting the approval of SBs, and minor revisions to the aircraft flight manual) [see AMC1 to 21.A.239(d), para. 3.1.4].  A statement of the qualifications and experience of the chief executive officer is not required. 3. Kind of statement 3.1 Chief Executive The Chief Executive should provide the necessary resources for the proper functioning of the design organisation. A statement of the qualification and experience of the Chief Executive is normally not required. 3.2 Other management staff TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 179 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 The person or persons nominated should represent the management structure of the organisation and be responsible through the Head of design organisation to the Chief Executive for the execution of all functions as specified in Part 21, Subpart J. Depending on the size of the organisation, the functions may be subdivided under individual managers. The nominated managers should be identified and their credentials furnished to the Agency on EASA Form 4-DOA (see EASA website: http://easa.europa.eu/certification/application-forms.php) in order that they may be seen to be appropriate in terms of relevant knowledge and satisfactory experience related to the nature of the design activities as performed by the organisation. The responsibilities and the tasks of each individual manager should be clearly defined, in order to prevent uncertainties about the relations, within the organisation. Responsibilities of the managers should be defined in a way that all responsibilities are covered. 3.3 Personnel making decisions affecting airworthiness, operational suitability and environmental protection For these personnel, no individual statement is required. The applicant should show to the Agency that there is a system to select, train, maintain and identify them for all tasks where they are necessary. The following guidelines for such a system are proposed:  These personnel should be identified in the handbook, or in a document linked to the handbook. This, and the corresponding procedures, should enable them to carry out the assigned tasks and to properly discharge associated responsibilities.  The needs, in terms of quantity of these personnel to sustain the design activities, should be identified by the organisation.  These personnel should be chosen on the basis of their knowledge, background and experience.  When necessary, complementary training should be established, to ensure sufficient background and knowledge in the scope of their authorization. The minimum standards for new personnel to qualify in the functions should be established. The training should lead to a satisfactory level of knowledge of the procedures relevant for the particular role.  Training policy forms part of the design assurance system and its appropriateness forms part of investigation by the Agency within the organisation approval process and subsequent surveillance of persons proposed by the organisation.  This training should be adapted in response to experience gained within the organisation TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 180 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21  The organisation should maintain a record of these personnel which includes details of the scope of their authorisation. The personnel concerned should be provided with evidence of the scope of their authorisation.  The following minimum information should be kept on record: a) Name b) Date of birth c) Experience and training d) Position in organisation e) Scope of the authorisation f) Date of first issue of the authorisation g) If appropriate, date of expiry of the authorisation h) Identification number of the authorisation. The record may be kept in any format and should be controlled.  Persons authorised to access the system should be maintained at a minimum to ensure that records cannot be altered in an unauthorised manner or that such confidential records do not become accessible to unauthorised persons.  Personnel should be given access to their own record.  Under the provision of 21.A.257 the Agency has a right of access to the data held in such a system.  The organisation should keep the record for at least two years after a person has ceased employment with the organisation or withdrawal of the authorisation, whichever is the sooner.  21.A.243 Handbook GM No AMC2 to 21.A.243(d) Handbook Data requirements – – Statement of the qualification and experience – Organisations designing minor changes to type design or minor repairs to products STATEMENT OF THE QUALIFICATION AND EXPERIENCE — ORGANISATIONS DESIGNING MINOR CHANGES TO TYPE DESIGN OR MINOR REPAIRS TO PRODUCTS For organisations designing minor changes to type design designs or minor repairs to products, the statement of the qualifications and experience required by point 21.A.243(d) should be addressed as follows: (a)1. The nominated managers should be identified and their relevant knowledge and satisfactory experience related to the nature of the design activities that they perform should be demonstrated. For each nominated manager, the organisation should provide evidence of competency credentials submitted to the Agency EASA on EASA Form 4 - DOA (see EASA TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 181 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 website: http://easa.europa.eu/certification/application-forms.php) in order that they may be seen to be appropriate in terms of relevant knowledge and satisfactory experience related to the nature of the design activities as performed by the organisation. (b)2. The persons responsible to for:  classify classifying changes to type design designs or repairs;  verify verifying compliance [point 21.A.239(b)];  approve approving minor changes to type design designs and minor repairs [point 21.A.263(c)(2)]; and  issue issuing information or instructions [point 21.A.263(c)(3)], should be selected by the organisation in accordance with a procedure and criteria agreed with the Agency EASA.  21.A.243 Handbook AMC GM No 1 to 21.A.245 Requirements for approval Resources See 21.A.245 (a)1. General. The data handbook submitted in accordance with point 21.A.243 should show that sufficient skilled personnel are available, and suitable technical and organisational provisions have been made for carrying out the type investigation Type Investigation defined by GM No 1 to 21.A.239(a)(d), point (b)(3) paragraph 2.3. (b)2. Personnel. The applicant organisation should show that the personnel available to comply with point 21.A.245(a)(c)(1) are, due to their special qualifications and number numbers, able to provide assurance of the design or modification of a product, as well as the compilation and verification of all data needed to meet the applicable type certification basis, OSD certification basis CS and environmental protection requirements while taking into account the present state of the art and new experience. (c)3. Technical. The applicant should have access to: (1)a. Wworkshops and production facilities which are suitable for manufacturing prototype models and test specimens; and. (2)b. Aaccommodation and test facilities which are suitable for carrying out the tests and measurements needed to demonstrate compliance with the type certification basis, OSD certification basis CS and environmental protection requirements. The test facilities may be subjected to additional technical conditions related to the nature of tests performed. (d)4. Organisation. The data handbook submitted in accordance with point 21.A.243 should show that: 4.(1) the The Head head of the design organisation for which an application for approval has been made, has the direct or functional responsibility for all departments of the organisation which are responsible for the design of the product. If the departments responsible for design are functionally linked, the Head head of the design organisation TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 182 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 still carries the ultimate responsibility for the compliance of the organisation with Part 21 Subpart J. 4.(2) an An Office of Airworthiness, or equivalent function, has been established and staffed on a permanent basis to act as the focal point for co-ordinating coordinating airworthiness, operational suitability and environmental protection matters (see GM No 1 to 21.A.239(a) AMC1 21.A.239(d) point (c)(1)(iv) paragraph 3.1.4); it reports directly to the head Head of the design organisation or is integrated into an independent quality assurance organisation reporting to the Head head of the design organisation. 4.(3) [Reserved] 4.(4) The responsibilities Responsibilities for all the tasks related to Tyype Iinvestigations are assigned in such a way that gaps in authority are excluded. 4.(5) The responsibility for a number of tasks as in point (c)(4) paragraph 4.4 may be assigned to one person, especially in the case cases of simple projects. 4.(6) Co-ordination Coordination between technical departments and the persons in charge of the system monitoring required by point 21.A.239(f)(a)(3) has been established to: (i)a. to ensure the quick and efficient reporting and resolution of difficulties encountered using the handbook and associated procedures; (ii)b. to maintain the design assurance management system; and (iii)c. to optimise auditing activities.  21.A.245 Resources AMC GM No 2 to 21.A.245 Resources Requirements for approval – Organisations designing minor changes to type design or minor repairs to products ORGANISATIONS DESIGNING MINOR CHANGES TO TYPE DESIGN OR MINOR REPAIRS TO PRODUCTS The data handbook submitted in accordance with point 21.A.243 should show that: (a)1. The the manager responsible for design has the direct or functional responsibility for all the departments of the organisation which are involved in the design of minor changes to type design designs or minor repairs to products;. (b)2. a person has, or persons have, Person(s) have been nominated to liaise with the Agency EASA and to coordinate co-ordinate airworthiness, operational suitability and environmental protection matters. Their position in the organisation should allow them to direcly direct report to the manager responsible for design;. (c)3. the responsibilities Responsibilities for all tasks related to the design and approval of minor changes to type design designs or minor repairs to products are assigned to ensure that all areas are covered; and. (d)4. the The responsibility for a number of tasks as in point (c) paragraph 3 may be assigned to one person, especially in the case cases of simple projects. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 183 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21  21.A.245 Resources TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 184 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC1 21.A.245(a) Resources HEAD OF THE DESIGN ORGANISATION The head of the design organisation should: (a) have sufficient knowledge and authority to enable him or her to respond to the competent authority regarding major issues of the design approval, and to implement necessary improvements; (b) promote the safety policy specified in AMC1 21.A.239(c)(1); and (c) demonstrate a basic understanding of this Regulation.  21.A.245 Resources AMC1 21.A.245(b) Resources RESPONSIBLE MANAGERS (a) The person or group of persons nominated in accordance with point 21.A.245(b) should represent the management structure of the organisation and be responsible for all the functions as specified in Part 21. Depending on the size of the design organisation, the functions may be subdivided under individual managers (and further subdivided), or combined. (b) The nominated managers should be identified in accordance to GM1 21.A.243(d). (c) The responsibilities and the tasks of each individual manager should be clearly defined, in order to prevent uncertainties about the relations within the organisation. For organisations with structures in which staff-members are responsible to more than one person, as, for instance, in matrix and project organisations, the responsibilities of the managers should be defined in such a way that all the responsibilities are covered. (d) If an approved design organisation chooses to appoint managers for all or any combination of the functions identified in Part 21 because of the size of the undertaking, these managers should ultimately report to the head of the design organisation. If a manager does not directly report to the head of design organisation, he or she should have direct access to the head of the design organisation formally established. (e) The organisation should have a system in place to plan the availability of staff to ensure that the organisation has sufficient appropriately qualified staff to plan, perform, supervise, inspect and monitor the organisation’s activities in accordance with the terms of approval. (f) The organisation should establish and control the competency of personnel involved in design, compliance monitoring and safety management and, if applicable, issuing permits to fly, in accordance with a procedure and to a standard agreed by the competent authority. In addition to the necessary expertise related to the job function, the competency of the personnel should include an understanding of safety management and human factors principles that is appropriate to the person’s function and responsibilities in the organisation. (g) The chief of the function for the independent monitoring of compliance and adequacy should: (1) not be one of the persons referred to in point 21.A.245(b); TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 185 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (2) be able to demonstrate relevant knowledge, background and appropriate experience related to the activities of the organisation, including knowledge and experience in compliance monitoring; and (3) have access to all parts of the organisation, and as necessary, any subcontracted organisations. (h) If functions related to compliance monitoring or safety management are combined with other duties, the organisation should ensure that this does not result in any conflicts of interest. (i) Subject to a risk assessment and agreement by the competent authority, with due regard to the size of the organisation and the nature and complexity of its activities, the compliance monitoring manager function and the safety manager function may be exercised by the head of the design organisation provided that he or she has demonstrated the related competence.  21.A.245 Resources AMC2 21.A.245(b) Resources COMPETENCY OF PERSONNEL (a) To assist in the assessment of competency and to perform the training needs analysis, the organisation should establish job descriptions for all the job functions in the organisation. These job descriptions should contain sufficient criteria to enable the competency of each person to be assessed. (b) The organisation should provide initial and recurrent training, to the persons or group of persons nominated in accordance with point 21.A.245(b), which is adequate to their job function, and which ensures that their continued competency is maintained throughout the duration of their employment/contract. (c) The organisation should record the training provided in accordance with point (a). (d) All prospective members of the design management staff should be assessed for their competency, qualifications, and capabilities related to their intended duties. (e) All the staff nominated according to point 21.A.245(b) should be able to demonstrate their knowledge of, and compliance with, the design management organisation procedures that are applicable to their tasks. (f) All the staff nominated according to point 21.A.245(b) should be able to demonstrate an understanding of the safety management principles, human factors and human performance issues related to their tasks. (g) The competency of the person who assumes, or persons who assume, the function of safety manager should include, but not be limited to, the following: — knowledge of the ICAO standards and European requirements for safety management; — an understanding of management systems, including compliance monitoring systems; — an understanding of risk management; — an understanding of safety investigation techniques; — an understanding of human factors; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 186 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 — an understanding of a positive safety culture and its promotion; and — operational experience related to the activities of the organisation. (h) The organisation should develop a procedure that describes the process for assessing the competency of the person. The procedure should specify: (1) the persons responsible for this process; (2) the means and methods for the initial assessment; (3) the means and methods for the continuous control of their competency, including feedback on their performance; (4) the actions to be taken if the assessment is not satisfactory; and (5) how to record assessment results.  21.A.245 Resources AMC1 21.A.247 Changes to the design management system APPLICATION FOR A SIGNIFICANT CHANGE OR A VARIATION OF SCOPE AND TERMS OF THE DOA An application for a significant change or a variation of scope should be submitted in writing to the competent authority, and the design organisation should demonstrate to the competent authority, on the basis of the submission of the proposed changes to the handbook, and before the implementation of the change, that it will continue to comply with Part 21 after the implementation.  21.A.247 Changes to the design management system GM1 21.A.247 Changes to in the design management assurance system In addition to a change in ownership (see point 21.A.249), the following changes to the design assurance management system should be considered as ‘significant’ to for the demonstration of compliance, or to for the airworthiness, operational suitability or environmental protection of the products: (a)1. Organisation  Relocation to new premises (see also GM 21.A.249);  A change Change in the industrial organisation (partnership, subcontractors suppliers, design work sharing), unless it can be shown that the independent verification checking function of the demonstration of compliance is not affected;  A change Change in the parts of the organisation that contribute directly to the airworthiness, operational suitability or environmental protection (independent verification checking function, Office of Airworthiness office of airworthiness [or equivalent])  A change Change to the independent monitoring principles of compliance and adequacy (see point 21.A.239(f)(a)(3)) TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 187 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (b)2. Responsibilities  Change of the management staff  the head Head of the design organisation [GM No 1 to 21.A.239(a) AMC1 21.A.239(d), point (c)(1)(ii) para.3.1.2, GM No 1 to 21.A.245 AMC1 21.A.245, point (d)(1) para.4.1, GM 21.A.265(b)]  the Chief of the Office of Airworthiness [GM No AMC1 to 21.A.245, point (d)(2)para. 4.2]  the Chief of the independent monitoring function of compliance and adequacy of the design management assurance system [point 21.A.239(f)(a)(3) and AMC No 1 to 21.A.243(a), para.2 point (b)(2)]  Reporting lines between the personnel nominated in accordance with point 21.A.245(b), and the head of the design organisation;  New distribution Allocation of responsibilities affecting safety, airworthiness, operational suitability or environmental protection; and  For organisations designing minor changes to type design designs or minor repairs to products, change of the persons identified in GM No 2 to 21.A.243(d). (c)3. Procedures Change to the principles of procedures related to:  the type certification;,  the classification of changes and repairs as ‘major’ or ‘minor’ [point 21.A.263(c)(1)];,  the treatment handling of major changes and major repairs, ;  the approval of the design of minor changes and minor repairs [point 21.A.263(c)(2)], ;  the issue issuing of information and instructions under the privilege of point 21.A.263(c)(3), ;  the approval of minor revisions to the Aaircraft Fflight Mmanual [point 21.A.263(c)(4)], ;  the approval approvals of the design designs of major repairs [point 21.A.437 or 21.A.263(c)(5)], ;  continued airworthiness or continued operational suitability (see point 21.A.3B), ;  the configuration control, when airworthiness, operational suitability or environmental protection is affected, ; and  the acceptability of design tasks undertaken by partners or sub-contractors subcontractors [point 21.A.239(d)(3)(c)]. (d)4. Resources  A substantial Substantial reduction in the number and/or experience of staff (see point 21.A.245(d)(1)(a)). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 188 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21  21.A.247 Changes to the design management system GM 21.A.257(a) Investigations Arrangements that allow the Agency to make investigations include the complete design organisation including partners, sub-contractors and suppliers, whether they are in the State of the applicant or not, assisting and co-operating with the Agency in performing inspections and audits conducted during initial assessment and subsequent surveillance. Assistance to the Agency includes all appropriate means associated with the facilities of the design organisation to allow the Agency to perform these inspections and audits, such as a meeting room and office support. GM1 21.A.125B(a), 21.A.158(a) and 21.A.258(a) Findings CAUSAL ANALYSIS It is important that the causal analysis does not primarily focus on establishing who or what caused the non-compliance, but on why it was caused. Establishing the root-cause(s) of a non-compliance often requires an overarching view of the events and circumstances that led to it, to identify all the possible systemic and contributing factors (regulatory, human factors, organisational factors, technical, etc.) in addition to the direct factors. A narrow focus on single events or failures, or the use of a simple, linear model, such as a fault tree, to identify the chain of events that led to the non-compliance, may not properly reflect the complexity of the issue, and, it therefore bears the risk that important factors that need to be addressed in order to prevent reoccurrences will be ignored. Such an inappropriate or partial causal analysis often leads to defining ‘quick fixes’ that only address the symptoms of the nonconformity. A peer review of the results of the causal analysis may increase its reliability and objectivity. A system description of the organisation that considers organisational structures, processes and their interfaces, procedures, staff, equipment, facilities and the environment in which the organisation operates, will support both effective causal (reactive) and hazard (proactive) analysis.  21.A.258 Findings TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 189 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 SUBPART M — REPAIRS AMC 21.A.433(a) and 21.A.447 Repair design and record keeping 1. Relevant substantiation data associated with a new major repair design and record keeping should include: a. damage identification and reporting source, b. major repair design approval sheet identifying applicable specifications and references of justifications, c. repair drawing and/or instructions and scheme identifier, d. correspondence with the TC, STC, or APU ETSO authorisation holder, if its advice on the design has been sought, e. structural justification (static strength, fatigue, damage tolerance, flutter etc.) or references to this data, f. effect on the aircraft, engines and/or systems, (performance, flight handling, etc., as appropriate) g. effect on maintenance programme, h. effect on Airworthiness limitations, the Flight Manual and the Operating Manual, i. weight and moment change, j. special test requirements. 2. Relevant minor repair documentation includes paragraphs 1(a) and (c). Other points of paragraph 1 may be included where necessary. If the repair is outside the approved data, justification for classification is required. 3. Special consideration should be given to repairs that impose subsequent limitations on the part, product or appliance, (e.g., engine turbine segments that may only be repaired a finite number of times, number of repaired turbine blades per set, oversizing of fastener holes, etc.). 4. Special consideration should also be given to Life Limited parts and Critical Parts, notably with the involvement of the type-certificate or STC holder, when deemed necessary under 21.A.433(b). 5. Repairs to engine or APU critical parts would normally only be accepted with the involvement of the TC holder. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 190 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 SUBPART P — PERMIT TO FLY GM 21.A.705 Competent authority An aircraft registered in a Member State is under the responsibility of this Member State for continuing airworthiness aspects. Consequently, any permit to fly under Part 21 should be issued by that Member State including cases where the aircraft will fly in another State. The permit to fly contains all the conditions and restrictions to ensure safe flight but other airspace and operational rules remain the competence of the authority of the State where the flight will take place. The applicant should therefore also ensure compliance with the relevant regulations of that State. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 191 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 SECTION B PROCEDURES FOR COMPETENT AUTHORITIES SUBPART A — GENERAL PROVISIONS GM 21.B.20 Responsibility for implementation Each certificate or approval in accordance with Part 21 Section A Subparts F, G, H, I and P will normally be issued and controlled by the competent authority of the Member State in whose country the applicant or holder is located. Therefore, to ensure consistency between the competent authorities of the Member States in issuing certificates and approvals, implementation of Part 21 should be based on the following three principles: a) The establishment and maintenance of an effective organisation and corresponding processes by all competent authorities. b) The operation of all competent authorities in accordance with Part 21 and its Acceptable Means of Compliance (AMC) and guidance material (GM). c) A standardisation process established and operated by the Agency to access the standard achieved, and to provide timely advice and guidance to the competent authorities of the Member States. As a result the responsibility for implementation comprises of the two main objectives: a) To ensure that certificates and approvals are only granted to applicants that comply with the requirements of Part 21; and b) To ensure sufficient visibility of the processes to give the Agency and the other Member States the necessary confidence in the certificates or approvals granted. AMC1 21.B.25 Management system GENERAL (a) In deciding upon the required airworthiness organisational structure, the competent authority should review: (1) the number of certificates, approvals, authorisations and letters of agreement to be issued, (2) the number, complexity and sizes of the organisations under its oversight obligations; (3) the possible use of qualified entities and of the resources of the competent authorities of other Member States to fulfil the continuing oversight obligations; (4) the complexity of the aviation industry, taking into consideration the diversity of the products, parts and appliances; and (5) the potential growth of activities in the field of civil aviation. (b) The competent authority should retain effective control of the important inspection functions and not delegate them in such a way that organisations, in effect, regulate themselves in airworthiness matters. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 192 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (c) The set-up of the organisational structure should ensure that the various tasks and obligations of the competent authority do not solely rely on individuals. The continuous and undisturbed fulfilment of these tasks and obligations of the competent authority should also be guaranteed in cases of illness, accidents or leave of individual employees.  21.B.25 Management system AMC2GM 21.B.25(a) Organisation Management system GENERAL (a) The competent authority designated by each Member State should have an organisation in such a way that: a)(1) there is specific and effective management authority in the conduct of all the relevant activities,; b)(2) the functions and processes described in Part 21 and its AMC and GM may be properly implemented, ; c)(3) the competent authority of the Member State’s policy policies, organisation and operating procedures for the implementation of Part 21 are properly documented and applied,; d)(4) all the personnel of the competent authority of the Member State personnel involved in the related activities are provided with training where necessary,; e)(5) specific and effective provision is made for the communication and interface as necessary with the Agency EASA and the competent authorities of the Member States,; and f)(6) all the functions related to the implementation of Part 21 are adequately described and shown (Standardisation). (b) A general policy in respect of Part 21 the activities related to the applicable requirements of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof should be developed, sponsored promoted and implemented by the manager at the highest appropriate level, for example, the top of the functional area of the competent authority of the Member State that is responsible for the related matters. (c) Appropriate steps should be taken to ensure that the policy is known and understood by all the personnel staff involved, and all the necessary steps should be taken to implement and maintain the policy. (d) The general policy, Whilst whilst also satisfying also the additional national regulatory responsibilities, the general policy should, in particular, take into account: (1) the provisions of the Regulation (EU) 2018/1139 (EC) No 216/2008; (2) the provisions of the applicable requirements and their Part 21 and its AMC and GM; (3) the needs of industry; and (4) the needs of the Agency and of the other competent authorities of the Member States. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 193 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (d) The policy should define specific objectives for the key elements of the organisation and processes for the implementation of the related Part 21 activities, including the corresponding control procedures and the measurement of the achieved standard.  21.B.25 Management system GM 21.B.25(b) Resources (a) The organisation for related Part 21 activities should be clearly defined within the general organisation of the competent authority of the Member State, with the hierarchical and functional links, and the names of the senior staff. Although final responsibility should be placed at the top of the functional area that is responsible for the related Part 21 activities as a whole, all subordinate levels of management should be suitably resourced and empowered to fulfil their delegated tasks. (b) The definition of an organisation for the implementation of related Part 21 activities should include the specification of (1) a manager responsible for the specific Part 21 activity acting as internal and external focal point. The responsibility is best placed with the manager who is in control of the day-to-day functions concerning the specific Part 21 activity, although he may delegate specific tasks to other individuals; (2) individual or group responsibilities, duties and associated reporting lines; (3) the resources, human and material; (4) the documented procedures to be operated in respect of the relevant Part 21 activities. (c) The various tasks and responsibilities of the personnel involved in the related Part 21 activities should be clearly identified. The authority attached to the responsibilities should be enough to ensure that the activities will be performed correctly. (d) These responsibilities include among others: (1) the management of the organisation (2) the management of investigation teams (3) the team leadership/membership (4) the investigation and surveillance activities (5) the administrative management of certificates and approvals, , including record keeping; (6) the external and internal interface activities including feedback to the Agency; (7) the control and distribution of documentation The definition of the organisation should include means to ensure continued effectivity of the organisation. The means should provide for a regular assessment of the organisation and its related activities as well as a feedback system for the follow up of necessary corrective actions (e.g., through the implementation of a quality system, internal audit system, etc.). TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 194 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 GM 21.B.25(c) Qualification and training The competent authority of the Member State should ensure appropriate and adequate training of its personnel to meet the standard that is considered by the Agency necessary to perform the work. Arrangements should be made for initial and continuation training as required. It is understood that the basic competence of the competent authority of the Member State staff is a matter of recruitment and normal management functions in selection of staff for particular duties. Moreover, it is understood that the competent authority of the Member State provides training in the basic skills as required for those duties. However, to avoid differences in understanding and interpretation, it is considered important that all personnel involved in Part 21 activities should be provided with further training specifically related to the relevant Part 21 activity up to the common Agency standard. The competent authority of the Member State should provide training through its own training organisation with qualified trainers or through another qualified training source (e.g., training provided by other competent authorities, the Agency or qualified entities). AMC1 21.B.25(a)(1) Management system DOCUMENTED POLICIES AND PROCEDURES (a) The various elements of the organisation for the activities related Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof should be documented in order to establish a reference source for the establishment and maintenance of this organisation. (b) The documented procedures should be established in a way that it will facilitate their use. They should be clearly identified, kept up-to-date and made readily available to all the personnel involved in the relevant activities. (c) The documented procedures should cover, as a minimum, the following aspects: (1) policies and objectives; (2) the structure of the organisation; (3) responsibilities and the associated authority; (4) procedures and processes; (5) internal and external interfaces; (6) internal control procedures; (7) the training of personnel; (8) cross-references to associated documents; and (9) assistance from other competent authorities or EASA (where required). (d) The information may be held in more than one document or in a series of documents, in which case suitable cross-reference information should be provided. For example, the organisational structure and the job descriptions are not usually in the same documentation TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 195 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 as the detailed working procedures. In such cases, it is recommended that the documented procedures should include an index of cross-references to all such other related information, and the related documentation should be readily available when required.  21.B.25 Management system GM1 21.B.25(a)(2) Management system PERSONNEL (a) This GM on the determination of the required personnel is limited to the performance of certification and oversight tasks, excluding any personnel who are required to perform tasks subject to any national regulatory requirements. (b) The elements to be considered when determining the required personnel and planning their availability may be divided into quantitative and qualitative elements and there should be, at least: (1) quantitative elements in accordance with AMC1 21.B.25; and (2) the following qualitative elements: (i) the size, nature, and complexity of the activities of certified organisations, taking into account: (A) the privileges of the organisation; (B) the type of the approval, the scope of the approval; (C) the possible use of industry certification standards; (D) the number of personnel; and (E) the structure of the organisational; (ii) the safety priorities identified; (iii) the results of past oversight activities, including audits, inspections and reviews, in terms of risks and regulatory compliance, taking into account the: (A) number and the levels of findings; (B) time frame for the implementation of corrective actions; and (C) maturity of the management systems implemented by the organisation, and its ability to effectively manage safety risks; and (iv) the size and complexity of the aviation industry under its oversight, and the potential growth of activities in the field of civil aviation, which may be an indication of the number of new applications, and of changes to existing certificates, approvals, authorisations and letters of agreement to be expected. (c) Based on existing data from previous oversight planning cycles, and taking into account the situation within the Member State’s aviation industry, the competent authority may estimate: (1) the standard working time required for processing applications for new certificates, approvals, authorisations or letters of agreement; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 196 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (2) the number of new certificates, approvals, authorisations or letters of agreement to be issued for each planning period; and (3) the number of changes to existing certificates, approvals, authorisations or letters of agreement to be processed for each planning period. (d) In line with the competent authority’s oversight policy, the following planning data should be determined: (1) the standard number of audits to be performed per oversight planning cycle; (2) the standard duration of each audit; (3) the standard working time for audit preparation, on-site auditing, reporting, and follow-up, per inspector; (4) the standard number of unannounced inspections to be performed; (5) the standard duration of inspections, including the preparation, reporting, and follow- up, per inspector; and (6) the minimum number and required qualifications of inspectors for each audit/inspection. (e) Standard working time could be expressed either in working hours per inspector, or in working days per inspector. All planning calculations should, then, be based on the same units (hours or working days). (f) It is a good practice to use a spreadsheet application to process the data defined under (c) and (d), to assist in determining the total number of working hours/days per oversight planning cycle required for certification, oversight and enforcement activities. This application could also serve as a basis for implementing a system for planning the availability of personnel. (g) The number of working hours/days per planning period for each qualified inspector that may be allocated for certification, oversight and enforcement activities should be determined, taking into account: (1) purely administrative tasks not directly related to certification and oversight; (2) training; (3) participation in other projects; (4) planned absences; and (5) the need to include a reserve for unplanned tasks or unforeseeable events. (h) The determination of working time available for certification, oversight and enforcement activities should also consider, if applicable: (1) the use of qualified entities; (2) cooperation with other competent authorities for approvals that involve more than one Member State; and (3) oversight activities under a bilateral aviation safety agreement. (i) Based on the elements listed above, the competent authority should be able to: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 197 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (1) monitor the dates when audits and inspections are due, and when they were carried out; (2) implement a system to plan the availability of personnel; and (3) identify possible gaps between the number and the qualifications of personnel and the required volume of certification and oversight. Care should be taken to keep planning data up to date in line with changes in the underlying planning assumptions, with a particular focus on risk-based oversight principles.  21.B.25 Management system AMC1 21.B.25(a)(3) Management system QUALIFICATIONS AND TRAINING — GENERAL (a) It is essential that the competent authority has the full capability to adequately assess the compliance and performance of an organisation by ensuring that the whole range of activities is assessed by appropriately qualified personnel. (b) For each inspector, the competent authority should: (1) define the competencies required to perform the allocated certification and oversight tasks; (2) define the associated minimum required qualifications; (3) establish initial and recurrent training programmes in order to maintain and to enhance competency at the level necessary to perform the allocated tasks; and (4) ensure that the training provided meets the established standards and is regularly reviewed and updated whenever necessary. (c) The competent authority may provide training through its own training organisation with qualified trainers, or through another qualified training source. (d) When training is not provided through an internal training organisation, adequately experienced and qualified persons may act as trainers, provided that their training skills have been assessed. If required, an individual training plan should be established that covers specific training skills. Records should be kept of such a training, and of the assessment, as appropriate.  21.B.25 Management system AMC2 21.B.25(a)(3) Management system QUALIFICATIONS AND TRAINING — TECHNICAL PERSONNEL INCLUDING INSPECTORS (a) Competent authority technical personnel should have: (1) practical experience and expertise in the application of aviation safety standards and safe operating practices; (2) comprehensive knowledge of: (i) relevant parts of the implementing rules, AMC, CSs and GM; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 198 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (ii) the competent authority’s procedures; (iii) their rights and obligations; (iv) systems based on the EU management system requirements (including compliance monitoring) and on ICAO Annex 19; and (v) design- or production-, as applicable, related human factors and human performance principles; (3) a relevant engineering degree or an aircraft maintenance technician qualification with additional education. ‘Relevant engineering degree’ means an engineering degree from aeronautical, mechanical, electrical, electronic, avionic or other studies relevant to the design and production of aircraft/aircraft components; and (4) knowledge of design or production standards, as applicable. (b) In addition, competent authority inspectors should have: (1) training on auditing techniques and on assessing and evaluating management systems and safety risk management processes; and (2) 5 years of relevant work experience to be allowed to work independently as an inspector. This may include experience gained during training to obtain the qualifications described in point (a)(2). (c) In addition to their technical competency, the technical personnel should have a high degree of integrity, be impartial in carrying out their tasks, be tactful, and have a good understanding of human nature. (d) A programme for recurrent training should be developed to ensure that technical personnel remain competent to perform their allocated tasks. As a general policy, it is not desirable for the technical personnel to obtain technical qualifications from those entities that are under their direct regulatory oversight.  21.B.25 Management system AMC3 21.B.25(a)(3) Management system INITIAL AND RECURRENT TRAINING — INSPECTORS (a) Initial training programme: The initial training programme for inspectors should include, as relevant to their role, current knowledge, experience and skills in at least all of the following: (1) aviation legislation, organisation, and structure; (2) the Chicago Convention, the relevant ICAO annexes and documents; (3) Regulation (EU) No 376/2014 on the reporting, analysis and follow-up of occurrences in civil aviation; (4) an overview of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, and the related AMC, CSs, and GM; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 199 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (5) specific knowledge of Regulation (EU) No 748/2012, its related AMC, GM and CSs, as well as any other applicable requirements; (6) management systems, including the assessment of the effectiveness of a management system, in particular hazard identification and risk assessment, and non-punitive reporting techniques in the context of the implementation of a ‘just culture’; (7) auditing techniques; (8) competent authority procedures relevant to the inspectors’ tasks; (9) human factors principles; (10) the rights and obligations of inspecting personnel of the competent authority; (11) ‘on-the-job’ training relevant to the inspector’s tasks; and (12) technical training appropriate to the role and tasks of the inspector, in particular for those areas that require approvals. NOTE: the duration of the on-the-job training should take into account the scope and complexity of the inspector’s tasks. The competent authority should assess whether the required competence has been achieved before an inspector is authorised to perform a task without supervision. (b) Recurrent training programme Once qualified, the inspector should undergo training periodically, as well as whenever it is deemed necessary by the competent authority, in order to remain competent to perform the allocated tasks. The recurrent training programme for inspectors should include, as appropriate to their role, at least the following topics: (1) changes in aviation legislation, the operational environment and technologies; (2) competent authority procedures that are relevant to the inspector’s tasks; (3) technical training appropriate to the role and tasks of the inspector; and (4) results from past oversight. (c) Assessments of an inspector’s competency should take place at regular intervals that do not exceed 3 years. The results of these assessments, as well as any actions taken following these assessments, should be recorded.  21.B.25 Management system AMC1 21.B.25(a)(5) Management system SAFETY RISK MANAGEMENT PROCESS (a) The safety risk management process required by point 21.B.25 should be documented. The following should be defined in the related documentation: (1) the means used for hazard identification and the related data sources, taking into account data that comes from other competent authorities with which the competent authority interfaces in the State or from the competent authorities of other Member States; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 200 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (2) risk management steps including: (i) analysis (in terms of the probability and severity of the consequences of hazards and occurrences); (ii) assessment (in terms of their tolerability); and (iii) control (in terms of the mitigation of risks to an acceptable level); (3) who holds the responsibilities for hazard identification and risk management; (4) who holds the responsibilities for the follow-up of risk mitigation actions; (5) the levels of management who have the authority to make decisions regarding the tolerability of risks; (6) the means to assess the effectiveness of risk mitigation actions; and (7) the link with the compliance monitoring function. (b) To demonstrate that the safety risk management process is operational, competent authorities should be able to provide evidence that: (1) the persons involved in internal safety risk management activities are properly trained; (2) hazards that could impact the authority’s capabilities to perform its tasks and discharge its responsibilities have been identified, and the related risk assessment is documented; (3) regular meetings take place at appropriate levels of management of the competent authority to discuss the risks identified and to decide on the risk tolerability and possible risk mitigations; (4) in addition to the initial hazard identification exercise, the risk management process is triggered as a minimum whenever changes occur that may affect the competent authority’s capability to perform any of the tasks required by Part 21; (5) a record of the actions taken to mitigate risks is maintained, showing the status of each action and the owner of the action; (6) there is follow-up on the implementation of all risk mitigation actions; (7) risk mitigation actions are assessed for their effectiveness; and (8) the results of risk assessments are periodically reviewed to check whether they remain relevant (e.g. are the assumptions still valid? Is there any new information?).  21.B.25 Management system GM1 21.B.25(a)(5) Management system SAFETY RISK MANAGEMENT PROCESS The purpose of safety risk management as part of the management system framework for competent authorities is to ensure the effectiveness of the management system. As for any organisation, hazard identification and risk management are expected to contribute to effective decision-making, to guide resource allocation and contribute to organisational success. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 201 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 The safety risk management process required by point 21.B.25 is intended to address safety risks that are directly related to the competent authority’s organisation and processes, and which may affect its capability to perform its tasks and discharge its responsibilities. This process is not intended as a substitute for the State safety risk management SARPs defined in ICAO Annex 19, Chapter 3, component 3.3. This does not mean, however, that the competent authority may not use information and data obtained through its SSP, including oversight data and information, for the purpose of safety risk management as part of its management system. The safety risk management process is also to be applied to the management of changes (point 21.B.35), which is intended to ensure that the management system remains effective whenever changes occur.  21.B.25 Management system AMC1 21.B.25(d) Management system PROCEDURES AVAILABLE TO EASA (a) Copies of the procedures related to the management system of the competent authority of the Member States, and their amendments, that should be made available to EASA for the purpose of standardisation, should provide at least the following information: (1) the competent authority’s organisational structure for the continuing oversight functions that it undertakes, with a description of the main processes. This information should demonstrate the allocation of responsibilities within the competent authority, and that the competent authority is capable of carrying out the full range of tasks regarding the size and complexity of the Member State’s aviation industry. It should also consider the overall proficiency and the scope of authorisation of the competent authority personnel; (2) for personnel who are involved in oversight activities, the minimum professional qualification requirements and experience, and the principles that guide their appointment (e.g. assessment); (3) how the following are carried out: the assessment of applications and evaluations of compliance, the issuance of certificates, approvals, authorisations and letters of agreement, the performance of continuing oversight, the follow-up of findings, enforcement measures and the resolution of safety concerns; (4) the principles used to manage exemptions and derogations; (5) the processes that are in place to distribute applicable safety information for timely reaction to a safety problem; (6) the criteria for planning continuing oversight activities (i.e. an oversight programme), including the adequate management of interfaces when conducting continuing oversight activities; and (7) an outline of the initial training of newly recruited oversight personnel (taking future activities into account), and the basic framework for the recurrent training of oversight personnel. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 202 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (b) As part of the continuous monitoring of a competent authority, EASA may request details of the working methods used, in addition to a copy of the procedures of the competent authority’s management system (and amendments). These additional details are the procedures and related guidance material that describe the working methods for the competent authority personnel who conduct oversight activities. (c) Information related to the competent authority’s management system may be submitted in an electronic format.  21.B.25 Management system AMC 21.B.30(a) Documented procedures The various elements of the organisation for the related Part 21 activities must be documented in order to establish a reference source for the establishment and maintenance of this organisation. The documented procedures must be established in a way that it will facilitate its use. They must be clearly identified, kept up-to-date and made readily available to all the personnel involved in the relevant activities. The documented procedures must cover, as a minimum, the following aspects: a) policy and objectives, b) organisation structure, c) responsibilities and attached authority, d) procedures and processes, e) internal and external interfaces, f) internal control procedures, g) training of personnel, h) cross-references to associated documents, i) assistance from other competent authorities or the Agency (where required). Except for smaller competent authorities, it is likely that the information is held in more than one document or series of documents, and suitable cross-reference information must be provided. For example, organisational structure and job descriptions are not usually in the same documentation as the detailed working procedures. In such cases it is recommended that the documented procedures include an index of cross-references to all such other related information, and the related documentation must be readily available when required. GM1 21.B.30 Allocation of tasks to qualified entities CERTIFICATION TASKS The tasks that may be performed by a qualified entity on behalf of the competent authority include those that are related to the initial certification and the continuing oversight of persons and organisations as defined in the Regulation (EU) No 748/2012.  21.B.30 Allocation of tasks to qualified entities TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 203 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC 21.B.35(a) Changes Standardisation is based on the assessment of the organisation and procedures of the competent authorities of the Member States and their implementation and suitability by the Agency. Consequently, a significant change in the competent authority of the Member State organisation and documented procedures validated by the Agency needs a reassessment to maintain the confidence in the standardisation process. Examples of significant changes include changes in the organisation hierarchy, decision making levels, number and qualification of personnel, etc. The competent authority of the Member State must notify any of these changes to the Agency and must be prepared to provide any further explanation/information requested by the Agency. The Agency may decide to review the documented organisation and procedures of the competent authority of the Member State and request any clarification or changes. This might also apply when a change in the regulations takes place and the Agency decides that a specific assessment/monitoring of the competent authorities related to that change is necessary. GM No 1 to 21.B.45 Co-ordination with other related activities The purpose of co-ordination with other related activities is to a) harmonise the effects of various approval and certification teams especially when dealing with one organisation / applicant to prevent conflicts of conclusions, b) ensure efficient flow of information between the various approval and certification teams to facilitate the execution of their duties c) optimise the use of the Agency and the competent authorities resources to minimise disruption and cost. Therefore, for a given organisation / applicant the responsible person(s) of the Agency or competent authorities of the Member State should arrange for exchange of information with, and provide necessary assistance, as appropriate, to the relevant competent authority of the Member State or Agency teams or staff - e.g.: a) the appropriate certification teams; b) the design organisation approval team; c) the production organisation approval team; d) the maintenance organisation approval team; or e) other approval or certification teams as appropriate. GM No 2 to 21.B.45 Co-ordination An exchange of information should especially take place in accordance with Article 15 of the Regulation (EC) No 216/2008: (a) an immediate reaction of a competent authority of the Member State to a safety problem TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 204 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (b) granting of exemptions by the competent authority of the Member State from the substantive requirements of the Regulation (EC) No 216/2008 and its implementing rules (for a period of more than two months or when the exemptions become repetitive) (c) granting of approvals on an equivalent level of protection by the competent authority of the Member State by derogation from the Part 21 requirements GM No 3 to 21.B.45 Reporting – Information relevant to registers established by the Agency When so requested by the Agency, the competent authority of the Member State should notify any certificate or approval issued, changed or revoked including details of the scope of that certificate or approval to the Agency for inclusion in a central register managed by the Agency. AMC1 21.B.55(a) Record-keeping GENERAL (a) The record-keeping system should ensure that all records are accessible whenever needed within a reasonable time. These records should be organised in a manner that ensures that there is traceability and retrievability throughout the required retention period. (b) All records that contain sensitive data regarding applicants or organisations should be stored in a secure manner with controlled access to ensure their confidentiality. (c) Records should be kept in paper form, or in an electronic format, or a combination of the two. Records that are stored on microfilm or optical discs are also acceptable. The records should remain legible and accessible throughout the required retention period. The retention period starts when the record is created or was last amended. (d) Paper systems should use robust material which can withstand normal handling and filing. Computer systems should have at least one backup system, which should be updated within 24 hours of any new entry. Computer systems should include safeguards against any unauthorised personnel from altering the data. (e) All the computer hardware used to ensure data backup should be stored in a different location from the one that contains the working data, and in an environment that ensures the data remains in a good condition. When hardware or software changes take place, special care should be taken that all the necessary data continues to be accessible at least throughout the full period specified in point 21.B.25(d).  21.B.55 Record-keeping AMC1 21.B.55(a)(1) Record-keeping COMPETENT AUTHORITY MANAGEMENT SYSTEM Records related to the competent authority’s management system should include, as a minimum and as applicable: (a) the documented policies and procedures; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 205 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (b) the personnel files of the competent authority personnel, with the supporting documents related to their training and qualifications; (c) the results of the competent authority’s internal audits and safety risk management processes, including audit findings, and corrective, preventive and risk mitigation actions; and (d) the contract(s) established with qualified entities that perform certification or oversight tasks on behalf of the competent authority.  21.B.55 Record-keeping GM1 21.B.55 Record-keeping FOR DESIGN APPROVALS TRANSFERRED TO EASA Record-keeping related to design approvals, for which the responsibility is transferred to the Agency EASA, will remain initially with the competent authority of the Member State that has granted the approvals, at the disposal the Agency EASA. This GM specifies the administrative documents to be kept for the various kinds of design approvals. It does not repeat the requirements put on holders of design approvals to keep records (ref. 21.A.5, 21.A.55, 21.A.105, 21.A.118A(a)(1), 21.A.447, 21.A.605). (a)1. Type-certificate Type certificate (a)(1) Copy of the type-certificate TC b) (2) Copy of the type-certificate TCDS c) (3) Environmental protection approval data d) (4) Documents defining the type-certification basis including information to justify special conditions, equivalent safety findings and exemptions (Certification Review Items or equivalent) e) (5) List of approved modifications, f) (6) List of the competent authority’s approved publications (Flight Manual, Repair Manual, Airworthiness Limitations, Certification Maintenance Requirements) g) (7) Airworthiness directives h) (8) Master Minimum Equipment List i) (9) Maintenance Review Board Report (b)2. Supplemental type certificate - (1) Copy of STC - (2) Environmental protection approval data - (3) Documents defining the certification basis including information to justify special conditions, equivalent safety findings and exemptions (Certification Review Items or equivalent) - (4) List of the competent authority’s approved documents - (5) Airworthiness directives TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 206 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (c)3. JTSOETSO Aauthorisation - (1) Copy of JTSO the ETSO authorisation letter - (2) Copy of Declaration of Design and Performance - (3) Statement of compliance with applicable standards - (4) Airworthiness directives (d)4. Other part or appliance approvals a(1) Copy of the approval letter, b(2) Copy of Declaration of Design and Performance or equivalent c(3) Statement of compliance with applicable standards d(4) Airworthiness Ddirectives (e)5. Changes from non TC or STC holders a(1) Modification approval sheet, or equivalent document b(2) Documents required by point 21.A.5 21.A.105, or equivalent national requirement Note: Not applicable to minor design changes approved under a DOA privilege, for which record-keeping is under the DOA holder responsibility. (f)6. Repair design approvals a(1) Repair approval sheet b(2) Documents listed in point 21.A.5 21.A.447, or equivalent national requirement Note: Not applicable to repair design approved under a DOA privilege, for which record- keeping is under the DOA holder responsibility.  21.B.55 Record-keeping GM1 21.B.55(e) Record-keeping TRACEABILITY OF RELEASE CERTIFICATES The record-keeping for those EASA Forms 52 and 1 that have been validated by the competent authority should allow the verification of that validation by the parties concerned, including the recipients of the release certificates.  21.B.55 Record-keeping AMC1 21.B.65 Suspension, limitation and revocation CORRECTIVE ACTION PLAN It is expected that any established organisation approved according to Subparts G or J will move quickly to re-establish compliance with Part 21 and will not risk the possibility of their approval being suspended. Therefore, the corrective action period granted by the competent authority should be appropriate to the nature of the finding, and in any case, it should not initially be more than 3 months. In certain circumstances and subject to the nature of the finding, the competent authority TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 207 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 may vary the 3-month period provided that a satisfactory corrective action plan has been agreed by the competent authority. If the organisation fails to comply within the time period agreed by the competent authority, a provisional suspension of the approval, in whole or in part, should proceed.  21.B.65 Suspension, limitation and revocation AMC1 21.B.65(c) Suspension, limitation and revocation INFORMATION ON SECURITY SITUATION (a) The European Commission Security Directorate generally advises against any non-essential travel to a country where hostile conditions, or a combination of the following conditions, reduce the level of security, and pose a high level of threat to personnel, as follows: (1) international or internal armed conflict with frequent armed confrontation taking place, numerous casualties, and/or serious damage to infrastructures; (2) a situation that could lead to war, or characterised by high internal or external tension that could escalate into instability in the short term; very poorly functioning institutions; (3) relatively frequent terrorist attacks due to the presence of active terrorist groups, either domestic or transnational, and state authorities that are unable to ensure a satisfactory level of security; and (4) frequent criminal violence that also targets non-nationals. State authorities have a limited ability to counter criminal activities and ensure security. (b) Countries where the above conditions apply should not be considered compatible with the performance of on-site audits by the competent authority.  21.B.65 Suspension, limitation and revocation GM1 21.B.65 Suspension, limitation and revocation (a) GENERAL Decisions on the suspension or revocation of a certificate, approval, authorisation or letter of agreement will always be actioned in such a way as to comply with any applicable national laws or regulations related to appeal rights and the conduct of appeals. (b) LIMITATION A limitation is an amendment to the certificate, approval, authorisation or letter of agreement that partially limits the privileges of the organisation . (c) SUSPENSION A suspension is a temporary withdrawal of all the privileges of an organisation’s approval. The approval remains valid, but no activities that invoke the approval can be made while the suspension is in force. Approval privileges may be re-instated when the circumstances that caused the suspension are corrected and the organisation can once again demonstrate full compliance with the requirements. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 208 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (d) REVOCATION A revocation is a permanent cancellation of the whole of an approval. All the rights and privileges of the organisation under the approval are withdrawn, and, after revocation, the organisation cannot perform activities that invoke the approval, and must remove all references to the approval from its company documentation.  21.B.65 Suspension, limitation and revocation TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 209 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL GM1 21.B.115 and 21.B.215 Alternative means of compliance Alternative means of compliance that are used by a competent authority, or by a person or organisation under its oversight, may be used by other competent authorities, persons, or organisations only if they are processed again in accordance with points 21.B.115(d) and (e) or 21.B.215(d).  21.B.115 Alternative means of compliance AMC1 21.B.115(d) and 21.B.215(d) Alternative means of compliance DEMONSTRATION OF COMPLIANCE In order to demonstrate that the implementing rules are met, a risk assessment should be completed and documented.  21.B.115 Alternative means of compliance AMC1 21.B.120(a) Initial certification procedure INVESTIGATION TEAM (a) The competent authority should appoint a team for each applicant for, or holder of, a letter of agreement. This team is responsible for conducting all the relevant tasks related to the issuance of the letter of agreement. The team should consist of a team leader to manage and lead the approval team, and, if needed, one or more team members. The team leader should report to the manager who is responsible for the activities of the competent authority as defined in point 21.B.25(a). (b) The competent authority should perform sufficient investigation activities for an applicant for, or holder of, a letter of agreement, to justify the recommendations for the issuance, maintenance, amendment, suspension or revocation of the letter of agreement. (c) The competent authority should prepare procedures for the investigation of applicant for, or a holder of, a letter of agreement, as part of the documented procedures that cover at least the following elements: (1) evaluation of the applications received; (2) appointment of the investigation team; (3) preparation and planning of the investigation; (4) evaluation of the documentation (manual, procedures, etc.); (5) auditing; (6) follow-up of corrective actions; and TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 210 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (7) recommendations for the issuance, amendment, suspension or revocation of a letter of agreement.  21.B.120 Initial certification procedure AMC2 21.B.120(a) Initial certification procedure Investigation team – Qualification criteria for the investigation team members QUALIFICATION CRITERIA FOR THE INVESTIGATION TEAM MEMBERS The competent authority must should ensure that the team leader and team members have received appropriate training in the relevant Subpart Subparts of Part 21 and in the related competent authority documentation before performing investigations in accordance with AMC2 21.B.25(a)(3). They must should also have knowledge and experience at the appropriate level in aviation production and inspection activities relative related to the particular application for a letter of agreement.  21.B.120 Initial certification procedure AMC3 21.B.120(a)(c)(1) Initial certification procedure EVALUATION OF APPLICATIONS (a)1. General When applying Part 21 Section A, Subpart F and Section B, Subpart F, the competent authority should must consider that these Subparts are only an alternative way alternatives for production to Part 21 Section A, Subpart G and Section B, Subpart G. To meet the ICAO airworthiness obligations and to issue a Ccertificate of Aairworthiness for an individual aircraft in a practical and efficient way, the competent authority must should use a system of approval of production organisations (POA) under Part 21 Section A, Subpart G and Section B, Subpart G, providing to the competent authority the necessary confidence in the technical standards. The consistent standards of these approvals will also support the standardisation efforts by the Agency EASA. Nevertheless, it is recognised that it is not always practical, economical and/or advisable to use the POA. Considering the ICAO airworthiness obligations as well, Part 21 Section A, Subpart F and Section B, Subpart F is are provided for such a case on the basis of the following principles: (1)a) Subpart F should must be considered as an alternative option for particular cases. (2)b) Its adoption should must be done on an individual basis, as a consequence of an assessment by the competent authority (see point 21.A.121, 21.A.133(a) and its their associated CS AMC and GM). (b)2. Application The competent authority should must receive an application for a letter of agreement on an EASA Form 60 (see below) completed by the applicant. The eligibility of the application should be verified in relation to the competent authority procedures, based on point 21.A.121 and its associated AMC CS and GM. The applicant should be advised accordingly about the acceptance or rejection of the application. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 211 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 An application may be accepted from: — an individual applying on his or her own behalf; or — in the case of an organisation, an individual with the authority to make agreements on behalf of the organisation. (c)3. Location of the applicant The location of the applicant seeking acceptance for production under Part 21 Section A Subpart F determines which competent authority is responsible for issuing the letter of agreement.  21.B.120 Initial certification procedure TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 212 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 EASA Form 60 Application for agreement of production under Part 21 Subpart F Competent authority of an EU Member State or EASA 1. Registered name and address of the applicant: 2. Trade name (if different): 3. Location(s) of manufacturing activities: 4. Description of the manufacturing activities under application a) Identification (TC, P/N , … as appropriate): b) Termination (No. of units, Termination date, …): 5. Evidence supporting the application, as per 21.A.124(b): 6. Links/arrangements with design approval holder(s)/ design organisation(s) where different from Block 1. : 7. Human resources: 8. Name of the person signing the application: ______________________________ ______________________________________ Date Signature EASA Form 60 Issue 3 Block 1: The name of the applicant must be entered. For legal entities the name must be as stated in the register of the National Companies Registration Office. In this case a copy of the entry in the register of the National Companies Registration Office must be provided to the competent authority. Block 2: State the trade name by which the applicant is known to the public if different from the information given in Block 1. The use of a logo may be indicated in this Block. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 213 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Block 3: State all locations of manufacturing activities that are covered by the application. Only those locations must be stated that are directly under the control of the applicant stated in Block 1. Block 4: This Block must include further details of the manufacturing activities under the approval for the addresses indicated in Block 3. The Block ‘Identification’ must indicate the products, parts or appliances intended to be produced, while the Block ‘Termination’ must address any information on the limitation of the activity, e.g., by stating the intended number of units to be manufactured or the expected date of completion of the manufacturing activities. Block 5: This Block must state evidence supporting the determination of applicability as stated in 21.A.121. In addition an outline of the manual required by 21.A.125A(b) must be provided with the application. Block 6: The information entered here is essential for the evaluation of eligibility of the application. Therefore special attention must be given concerning the completion of this Block either directly or by reference to supporting documentation in relation to the requirements of 21.A.122 and AMC No 1 to 21.A.122. Block 7: The information to be entered here must reflect the number of staff, or in case of an initial approval the intended number of staff, for the manufacturing activities under this application and therefore must include also any associated administrative staff. Block 8: State the name of the person authorised to sign the application. AMC4 GM 21.B.120(a)(c)(3) Initial certification procedure Investigation preparation and planning INVESTIGATION PREPARATION AND PLANNING Following acceptance of an application for a letter of agreement and before commencing an investigation, the competent authority should: --(a) identify the site locations that they needing need to investigate investigation; --(b) liaise with the competent authority of another a Member State where the investigation of the organisation should include a there is seen to be a need to visit a production facility in that Member State for one of the following reasons: (1)a) where a manufacturer production organisation has contracted part of the production to another organisation holding a production organisation approval and a need arises to ensure that the contract has the same meaning for all the parties to the contract, and the local competent authority of the Member State agrees; (2)b) to inspect a product (or part or appliance) under production where the sub-contractor subcontractor is does not hold holding a POA. --(c) co-ordinate coordinate with the competent authority of a third country and/or the Agency EASA where the investigation of the organisation should include there is seen to be a need to visit a production a facility in that country for one of the following reasons: (1)a) where a manufacturer production organisation has contracted part of the production to another organisation holding a production organisation approval issued by the Agency EASA or accepted through an recognition agreement in accordance with Article 68 of the Basic Regulation (EU) 2018/1139, and a need arises to ensure that the contract has the same meaning for all the parties to the contract, and the Agency EASA and/or the competent authority agrees; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 214 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 to inspect a product (or part or appliance) under production where the sub-contractor subcontractor is does not holding hold a POA.  21.B.120 Initial certification procedure GM1 21.B.120(c)(5) and (6) Initial certification procedure Auditing and investigation findings AUDITING AND INVESTIGATION FINDINGS During its investigation process, the competent authority may make findings which should then be recorded. These may be non-conformities to the requirements, the manual as supplied by the production organisation manufacturer describing its inspection procedures or non-conformities related to the items under inspection. The manner in which the findings will be handled by the competent authority before and during the validity of the letter of agreement, should be detailed in its procedures.  21.B.120 Initial certification procedure AMC1 21.B.120(d) Initial certification procedure ISSUE OF THE LETTER OF AGREEMENT (a) Unless otherwise agreed by the competent authority, no production before the issue of the letter of agreement may be accepted under Part 21 Section A, Subpart F. (b) The agreement should include or reference a pre-defined plan of inspection points established as part of the production inspection system and agreed with the competent authority to be used as a basis for the inspections described in points 21.A.129 and 21.B.120(a) and their associated AMC and GM. The plan should clearly identify the inspection points, places, inspection subjects (materials, processes, tooling documentation, human resources, etc.), as well as the focal points and the method of communication between the production organisation and the competent authority. (c) The competent authority should detail the method by which it will assure itself that the production organisation is working in accordance with the manual and the agreed inspection procedures during the validity period of the agreement. For a renewal of this validity period, the procedure as defined in point 21.B.140 should be used. (d) Any conditions under which the agreement will expire (such as the termination date and/or number of units to produce) should be clearly stated in the letter of agreement.  21.B.120 Initial certification procedure GM1 21.B.125(a) 21.B.125(b), 21.B.225(b) and 21.B430(b) Findings and corrective actions Objective evidence OBJECTIVE EVIDENCE Objective evidence is a fact which is, or can be, documented, based on observations, measurements or tests that can be verified. Objective evidence generally comes from the following: (a) documents or manuals; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 215 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (b) examination of equipment/products; and (c) information from interview questions and observations of production or design activities, as applicable.  21.B.120 Initial certification procedure GM1 21.B.125(b) Findings and corrective actions EXAMPLES OF LEVEL 1 FINDINGS Examples of level 1 findings are non-compliances with any of the following points that could affect the safety of the aircraft are found under points: — 21.A.126; — 21.A.127; — 21.A.128; and — 21.A.129. It should be anticipated that a non-compliance with these points is only considered a level 1 finding if there is objective evidence that this finding is an uncontrolled non-compliance that could affect the safety of the aircraft.  21.B.125 Findings and corrective actions GM1 21.B.125(b)(1) and 21.B.225(b)(1) Findings and corrective actions UNCONTROLLED NON-COMPLIANCE WITH APPLICABLE DESIGN DATA An uncontrolled non-compliance with applicable design data is a non-compliance that: (a) cannot be discovered through systematic analysis; or (b) prevents the identification of the affected products, parts, appliances, or material.  21.B.125 Findings and corrective actions AMC1 21.B.125(d) Findings and corrective actions NOTIFICATION OF FINDINGS In the case of a level 1 finding, confirmation should be obtained in a timely manner that the accountable manager has taken note of the finding and its details. Level 1 and level 2 findings require timely and effective oversight by the competent authority to ensure the completion of the corrective action. This oversight may include intermediate communication, such as letters as necessary, to remind the approval holder to verify that the corrective action plan is followed.  21.B.125 Findings and corrective actions TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 216 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC 21.B.130 Issue of the letter of agreement Unless otherwise agreed by the competent authority no production before the issue of the letter of agreement may be accepted under Part 21 Section A Subpart F. GM 21.B.130(b) Issue of the letter of agreement The agreement should include or reference a pre-defined plan of inspection points established as part of the production inspection system and agreed with the competent authority to be used as a basis for the inspections described in 21.A.129 and 21.B.120(c)(5) and its associated CS and GM. The plan should clearly identify inspection point, places, inspection subjects (materials, process, tooling documentation, human resources, etc.), as well as the focal points and the method of communication between the manufacturer and the competent authority. The competent authority should detail a method how it will assure itself that the manufacturer is working in accordance with the manual and the agreed inspection procedures during the validity period of the agreement. For renewal of this validity period the procedure as defined in 21.B.140 should be used. Any conditions under which the agreement will expire (such as termination date and/or number of units to produce), should be clearly stated in the letter of agreement. AMC1 21.B.140 Amendment of a letter of agreement The competent authority must should be satisfied that any change affecting a letter of agreement comply complies with the shows of Section A Subpart F before implementation can start. A plan for the change should be agreed with the applicant in accordance with AMC1 21.B.120(d)21.B.130. If the change affects the content of the letter of agreement, a new application should be filed, and an amended/revised letter of agreement should be obtained subsequently. GM 21.B.150(d) Record keeping – Traceability of release certificates The recordkeeping for those EASA Forms 52 and 1 that have been validated by the competent authority should allow verification of such validation by concerned parties including the recipients of the release certificates. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 217 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 SUBPART G — PRODUCTION ORGANISATION APPROVAL GM1 21.B.115 and 21.B.215 Alternative means of compliance Alternative means of compliance that are used by a competent authority, or by a person or organisations under its oversight, may be used by other competent authorities, persons, or organisations only if they are processed again in accordance with points 21.B.115(d) and (e) or 21.B.215(d).  21.B.215 Alternative means of compliance AMC1 21.B.115(d) and 21.B.215(d) Alternative means of compliance DEMONSTRATION OF COMPLIANCE In order to demonstrate that the implementing rules are met, a risk assessment should be completed and documented.  21.B.215 Alternative means of compliance AMC1 21.B.220 and 21.B.221 Initial certification procedure INVESTIGATION TEAM (a) The competent authority should appoint a production organisation investigation team for each applicant for, or holder of, a production organisation approval. This team is responsible for conducting all the relevant tasks related to the approval. The team should consist of a team leader to manage and lead the approval team and, if needed, one or more team members. The team leader should report to the manager who is responsible for the activities of the competent authority as defined in point 21.B.25(c). (b) The competent authority should perform sufficient investigation activities for an applicant for a production organisation approval, or a holder of one, to justify the recommendations for the issuance, maintenance, amendment, suspension or revocation of the approval. (c) The competent authority should prepare procedures for the investigation of a production organisation approval as part of the documented procedures that cover at least the following elements: (1) evaluation of the applications received; (2) appointment of the organisation approval team; (3) preparation and planning of the investigation; (4) evaluation of the documentation (production organisation exposition, procedures, etc.); (5) auditing; (6) follow-up of corrective actions; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 218 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (7) recommendation for the issuance, amendment, suspension or revocation of a production organisation approval; and (8) continued surveillance.  21.B.220 Initial certification procedure AMC1 21.B.220 and 21.B.430 Initial certification procedure VERIFICATION OF COMPLIANCE (a) In order to verify the organisation’s compliance with the applicable requirements, the competent authority should conduct an audit of the organisation, including interviews of the personnel, and inspections carried out at the organisation’s facilities. (b) The competent authority should only conduct such an audit if it is satisfied that the application and supporting documentation are in compliance with the applicable requirements. (c) The audit should focus on the following areas: (1) the detailed management structure, notably its adequacy; (2) the personnel: the adequacy of the number of staff, and of their qualifications and experience with regard to the intended terms of approval and the associated privileges; (3) the processes used for safety risk management and compliance monitoring; (4) the facilities and their adequacy regarding the organisation’s scope of work; and (5) the documentation based on which the approval should be granted. (d) If an application for an approval is refused, the applicant should be informed of the right of appeal that exists under national law.  21.B.220 Initial certification procedure AMC1 GM No 1 to 21.B.220(c) Procedures for investigation– Investigation preparation and planning Initial certification procedure INVESTIGATION PREPARATION AND PLANNING Following the acceptance of the application for a production organisational approval and before commencing an investigation, the competent authority should, for the preparation and planning of the investigation: -(a) identify the site locations needing investigation taking into account the scope of any other POA issued by a Member State according to Part 21, which are valid in the circumstances; -(b) when EASA is not the competent authority, liaise with the Agency EASA for the appointment of any necessary observer(s) for standardisation purposes and seek any necessary advice and guidance from EASA; -(c) establish any necessary liaison arrangement with other competent authorities; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 219 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 -(d) agree the size and composition of the POAT investigation team and any specialist tasks likely to be covered and to select suitable team members from all involved competent authorities; and - seek any necessary advice and guidance from the Agency -(e) liaise with the competent authority of the other a Member State where the investigation of the organisation should include a there is seen to be a need to visit a production approval holder facility in that Member State for one of the following reasons: (1) where a production organisation manufacturer has subcontracted production to another organisation and therefore a need arises to ensure that contract has the same meaning for all the parties to the contract, and the competent authority of the Member State agrees (2) to inspect a product, part, appliance, or material under production for its own, Member States or non-EU register.  21.B.220 Initial certification procedure AMC2GM 21.B.220(a) Initial certification procedure Investigation team INVESTIGATION TEAM (a)1. Type of Team team Where the applicant is located in a Member State, the competent authority should appoint a production organisation approval team (POAT) leader and members appropriate to the nature and scope of the applicant’s organisation. If EASA is not the competent authority and Where the facilities of the applicant are located in more than one Member State, the competent authority of the country of manufacture should liaise with the other involved competent authorities to agree and appoint a production organisation approval team POAT leader and members appropriate to the nature and scope of the applicant’s organisation. (b)2. Team leader selection The team leader should satisfy all of the criteria for a team member and will be selected by considering the following additional criteria: (1)a) the capability to lead and manage a team; (2)b) the capability to prepare reports and be diplomatic; (3)c) experience in approval team investigations (not necessarily only Part 21 Section A, Subpart G) ; and (4)d) a knowledge of production and quality systems for aircraft and related products and parts. (c)3. Team member selection TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 220 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 The team leader should agree with the The competent authority should determine on the size of the POA team and the specialisations to be covered taking into account the scope of work and the characteristics of the applicant. Team members should be selected by considering the following criteria: (a) training, which is mandatory, for Part 21 Section A, Subpart Subparts A and G and Section B, Subpart Subparts A and G; (b) education and experience, to cover appropriate aviation knowledge, audit practices and approval procedures; and (c) the ability to verify that an applicant’s organisation conforms to its own POA procedures, and that its key personnel are competent.  21.B.220 Initial certification procedure AMC 21.B.220(c) Procedures for investigation – Evaluation of applications The competent authority must receive an application for POA on an EASA Form 50 (see below) completed by the applicant. The eligibility and appropriateness of the application must be evaluated in accordance with 21.A.133 at that time and the applicant must be advised about acceptance or rejection of its application in writing accordingly. EASA Form 50 Application for Part 21 production organisation approval Competent authority of an EU Member State or EASA 1. Registered name and address of the organisation: 2. Trade name (if different): 3. Locations for which the approval is applied for: 4. Brief summary of proposed activities at the item 3 addresses a) General: b) Scope of approval: c) Nature of privileges: 5. Description of organisation: 6. Links/arrangements with design approval holder(s)/design organisation(s) where different from 1.: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 221 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 7. Approximate number of staff engaged or intended to be engaged in the activities: 8. Position and name of the accountable manager: _____________________________________ ___________________________________ Date Signature of the accountable manager EASA Form 50 Block 1: The name of the organisation must be entered as stated in the register of the National Companies Registration Office. For the initial application a copy of the entry in the register of the National Companies Registration Office must be provided to the competent authority. Block 2: State the trade name by which the organisation is known to the public if different from the information given in Block 1. The use of a logo may be indicated in this Block. Block 3: State all locations for which the approval is applied for. Only those locations must be stated that are directly under the control of the legal entity stated in Block 1. Block 4: This Block must include further details of the activities under the approval for the addresses indicated in Block 4. The Block ‘General’ must include overall information, while the Block ‘Scope of approval’ must address the scope of work and products/categories following the principles laid down in the GM 21.A.151. The Block ‘nature of privileges’ must indicate the requested privileges as defined in 21.A.163(b)-(e). For an application for renewal state ‘not applicable’. Block 5: This Block must state a summary of the organisation with reference to the outline of the production organisation exposition, including the organisational structure, functions and responsibilities. The nomination of the responsible managers in accordance with 21.A.145(c)(2) must be included as far as possible, accompanied by the corresponding EASA Forms 4. For an application for renewal state ‘not applicable’. Block 6: The information entered here is essential for the evaluation of eligibility of the application. Therefore special attention must be given concerning the completion of this Block either directly or by reference to supporting documentation in relation to the requirements of 21.A.133(b) and (c) and the AMC to 21.A.133(b) and (c). Block 7: The information to be entered here must reflect the number of staff, or in case of an initial approval the intended number of staff, for the complete activities to be covered by the approval and therefore must include also any associated administrative staff. Block 8: State the position and name of the accountable manager. GM1 No 2 to 21.B.220(c) Initial certification procedure Procedures for investigation — GeneralROCEDURES FOR INVESTIGATION ORGANISATION APPROVAL — GENERAL (a)1. Purpose of the Pprocedures TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 222 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 The purpose of the procedures is to investigate the applicant’s production organisation for compliance with Part 21 Subpart G in relation to the requested terms of approval. When appropriate, this procedure these procedures should also be used to investigate significant changes or applications for variation variations of in the scope of approval. The following procedure assumes that the application has been accepted and that an investigation team has been selected. (b)2. Initiation The POA Tteam Lleader initiates the procedure by: 2.(1) arranging a meeting with the POAT team members to review the information provided in accordance with the application (according to point 21.A.134) and to take account of any other information available within the competent authority about the applicant. knowledge that the POAT members have regarding the production standards of the applicant; 2.(2). obtaining collecting information from other teams of a competent authorities authority of the Member State or the Agency EASA on the functioning of the applicant’s organisation (see GM No 1 GM1 21.B.25(c) to 21.B.45); 2.(3) arranging a meeting with the applicant in order to: (i) enable the applicant to make a general presentation of its organisation and products, parts or appliances; (ii) ensure that the accountable manager understands the reason for signing the statement specified in point 21.A.143(a)(1); (iii) enable the investigation team POAT to describe the proposed investigation process; and (iv) enable the investigation team POAT to confirm to the applicant the identity of those managers nominated in accordance with Part 21 Subpart G who need to complete an EASA Form 4 (See EASA Form 4 for Production Organisations on EASA website: http://easa.europa.eu/certification/application-forms.php). The applicant should provide a completed copy of EASA Form 4 for each of the key management staff identified by Part 21 Subpart G. The EASA Form 4 is a confidential document and will be treated as such. (c)3. Preparation The investigation team POAT: 3.(1) studies the information gathered in the initiation phase; 3.(2) establishes an investigation plan which: (i) takes account of the location of the POA applicant’s facility as identified per GM3 No 3 to 21.B.65220(c); (ii) defines areas of coverage and work-sharing between team POAT members taking account of their individual expertise; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 223 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (iii) defines areas where more detailed investigation is considered necessary; (iv) establishes the need for external advice to team POAT members where expertise may be lacking within the team; (v) includes completion of a comprehensive plan for the investigation in order to present it to the applicant; and (vi) recognises the need to: (A) review the documentation and procedures; (B) verify compliance and implementation; and (C) audit a sample of products, parts, and appliances; 3.(3) co-ordinates coordinates with the appropriate Part 21 Section A, Subpart J design organisation approval Tteams sufficiently for both parties to have confidence in the applicants co-ordination coordination links with the holder of the approval of the design (as required by point 21.A.133) ; and 3.(4) establishes liaison with the applicant to plan mutually suitable dates and times for visits at each location that need investigation needs to be investigated, and also to agree the investigation plan and approximate time scales with the applicant. (d)4. Investigation The investigation team POAT: 4.(1) makes a check of the exposition POE for compliance with Part 21; Subpart G 4.(2) audits the organisation, its organisational structure, and its procedures for compliance with Part 21 Subpart G, using EASA Form 56 as a guide during the investigation, and as a checklist at the end of it; 4.(3). generates compliance checklists for investigations of working processes and procedures on site as required; 4.(4) accepts or rejects each EASA Form 4 completed by the key nominated personnel in accordance with point 21.A.145(c)(2) ; 4.(5) checks that the exposition production organisation exposition (POE) standard reflects the organisation, its procedures, practices and the requirements defined in point 21.A.143. Having checked and agreed a an exposition POE issue or subsequent amendment, the competent authority should have a clear procedure to indicate its acceptance or rejection; 4.(6) makes sample audits at working level to verify that: (i) work is performed in accordance with the system described in the exposition POE; (ii) products, parts, appliances or material produced by the organisation are in conformity with the applicable design data (see GM 21.B.235(b)(4)); TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 224 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (iii) facilities, working conditions, equipment and tools are in accordance with the exposition POE and appropriate for the work being performed; (iv) competence competency and numbers of personnel is are appropriate for the work being performed; and (v) co-ordination coordination between production and design is satisfactory; and 4.(7) at an advanced stage of the investigation, conducts an interim team review of audit results and matters arising, in order to determine any additional areas requiring investigation. Each investigation team should be accompanied during the process by company representatives who are knowledgeable of the applicant’s organisation and procedures. This will ensure that the organisation is aware of the audit progress and problems as they arise. Access to information will also be facilitated. The team leader POATL should co-ordinate coordinate the work of the team POAT members for an efficient investigation process, which will provide a consistent and effective investigation and reporting standards. (e)5. Conclusions 5.(1) The team leader POATL holds a team meeting to review the findings and observations so as to produce a final agreed report of findings. 5.(2) The team leader POATL, on completion of the investigation, holds a meeting to verbally presents present the report to the applicant. The team leader POATL should be the chairman of this meeting, but individual team members may present their own findings and observations. 5.(3) The meeting should agree the findings, corrective action time scales, and preliminary arrangements for any follow-up that may be necessary. 5.(4) Some items may as a result of this meeting be withdrawn by the team leader POATL but if the investigation has been correctly performed, at this stage there should be no disagreement over the facts presented. 5.(5) Inevitably there will be occasions when the team POAT member carrying out the audit may find situations in the applicant or POA approval holder where he or she it is unsure about compliance. In this case, the organisation is informed about possible non- compliance at the time and advised that the situation will be reviewed within the competent authority before a decision is made. The organisation should be informed of the decision without undue delay. Only if the decision results in a confirmation of non- compliance, this is recorded in Part 4 of EASA Form 56. 5.(6) The team leader POATL will transmit the final signed report on EASA Form 56 together with notes of the final meeting with the applicant to the competent authority of the country in which where the applicant is located, or to EASA according to the competence defined in point 21.1. The report will include recommendations and significant findings, together with appropriate conclusions and corrective actions. In TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 225 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 particular, it should indicate if whether the exposition POE is acceptable, or changes are required. 5.(7) Completion of EASA Form 56 includes the need to record in Part 4 comments, criticisms, etc., and this must should reflect any problems found during the visit and must should be the same as the comments, criticisms made to the organisation during the debrief. Under no circumstances should additional comments, criticisms, etc., be included in Part 4 of the report unless the applicant or POA approval holder has previously been made aware of such comments. Many applicants Applicants may need to take corrective action and amend the proposed exposition before the competent authority is able to conclude its investigation. Such corrective actions should be summarised in Part 4 of the EASA Form 56 and a copy always given to the applicant, so that there is a common understanding of the actions necessary before approval can be granted. The intention of the EASA Form 56 Part 4 is to provide a summary report of findings and outstanding items during initial investigation and major changes. The competent authority will need to operate a supporting audit system to manage corrective action monitoring, closure, etc. While the EASA Form 56 Part 4 format may be used for monitoring purposes, it is not adequate on its own to manage such a system. 5.(8) If the findings Findings made during the investigation mean that approval recommendation will not or cannot be issued, then it is essential that such findings are confirmed in writing to the organisations within two weeks of the visit. The reason for confirmation in writing is that many organisations take a considerable time to establish compliance. As a result, it is too easy to establish a position of confusion where the organisation claims it was not aware of the findings that prevented the issue of an approval. (f)6. Management Involvement The investigation team shall see the accountable manager will be seen at least once during the investigation process and preferably twice, because he or she is ultimately responsible for ensuring compliance with the requirements for the initial grant granting and subsequent maintenance of the production organisation approval. Two Twice is the preferred number of visits to the accountable manager, with one being conducted at the beginning of the audit to explain the investigation process, and the second, at the end, to debrief on the results of the investigation.  21.B.220 Initial certification procedure TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 226 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Competent authority of an EU Member State or EASA RECOMMENDATION REPORT IN SUPPORT OF Part 21 SUBPART G APPROVAL ISSUE / CONTINUATION / VARIATION / SIGNIFICANT CHANGE PART ONE OF FIVE PARTS: BASIC DETAILS OF THE ASSESSMENT Name of the organisation: Approval reference: ___________ Address(es) of the facilities surveyed: Main Part 21 Subpart G activities at facilities surveyed: Date(s) of survey: Names and positions of the organisation's senior management attended during survey: Names of the competent authority staff: Office: EASA Form 56 completion date: Note: If it is determined that a recommendation for issue/continuation/variation/significant change of approval cannot be made because of a non-compliance with Part 21 Subpart G, the reasons for the non-compliance need to be identified in PART 4 of the report. A copy of PART 1 and PART 4, or at least the information included in these parts, must be given to the organisation to ensure that the organisation, in failing to obtain Part 21 Subpart G approval, even if only temporarily, has the same information as is on the files of the competent authority. EASA Form 56 Issue 3 – POAT Recommendation Audit Report - Part 1 of 5, Page 1 of 1 MONTH YEAR TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 227 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Competent authority of an EU Member State or EASA RECOMMENDATION REPORT IN SUPPORT OF Part 21 SUBPART G ISSUE / CONTINUATION / VARIATION/SIGNIFICANT CHANGE PART TWO OF FIVE PARTS: Part 21 SUBPART G COMPLIANCE Name of organisation: Approval of organisation: Approval reference: ___________ Survey reference: Note A: This form has been compiled according to those points of Part 21 Subpart G which are relevant to an organisation trying to demonstrate compliance. Note B: The right-hand part of each box must be completed with one of the following three indicators: 1. a tick () which means compliance; 2. NR which means that the requirement is Not Relevant to the activity at the address surveyed; (the reason for NR should be stated in Part 4 of the report, unless the reason is obvious) 3. a number relating to a comment which must be recorded in Part 4 of the report. The left-hand part of each box is optional for use by the competent authority. 21.A.3A Failures, malfunctions and defects (a) N/A (b) Without prejudice to Regulation (EU) No 376/2014, all natural or legal persons who hold or have applied for a production approval under Subpart G, or who produce a product, part or appliance under Subpart F, shall: (1) establish and maintain a system for collecting and assessing internal mandatory and voluntary occurrence reports, including reports on internal errors, near misses, and hazards, in order to identify any adverse trends or to address any deficiencies, and extract reportable occurrences. This system shall include the evaluation of relevant information related to occurrences, and the promulgation of the related information; (2) report to the holder of the type certificate, restricted type certificate or design approval, all cases in which products, parts or appliances have been released by the production organisation and subsequently identified to have deviations from the applicable design data, and investigate with the holder of the type certificate, restricted type certificate or design approval to identify those deviations which could lead to an unsafe condition; (3) report to EASA and the competent authority of the Member State the deviations that were identified according to point (2) which could lead to an unsafe condition; and (4) if the production organisation acts as a supplier to another production organisation, also report to that other organisation all cases in which it has released products, parts or appliances to that organisation and subsequently identified them to have possible deviations from the applicable design data. (c) The reports defined in points (a) and (b) shall appropriately safeguard the confidentiality of the reporter and of the persons mentioned in the report and be made in a form and manner TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 228 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 established by the competent authority, as soon as practicable and in any case dispatched not later than 72 hours after the identification of the possible unsafe condition, unless exceptional circumstances prevent this. (d) Without prejudice to Regulation (EU) No 376/2014, if an occurrence reported under points (a)(3) or (b)(3) results from a deficiency in the design, or a production deficiency, the holder of the type certificate, restricted type certificate, supplemental type certificate, major repair design approval, ETSO authorisation, or any other relevant approval deemed to have been issued under this Annex, or the production organisation as appropriate, shall investigate the reason for the deficiency and report to EASA the results of its investigation and any action it is taking or proposes to take to correct that deficiency. (e) If the competent authority finds that an action is required to correct the deficiency, the holder of the type certificate, restricted type certificate, supplemental type certificate, major repair design approval, ETSO authorisation, or any other relevant approval deemed to have been issued under this Annex, or the production organisation as appropriate, shall submit the relevant data to the competent authority. 21.A.5 Record-keeping All natural or legal persons who hold or who have applied for a type certificate, restricted type certificate, supplemental type certificate, ETSO authorisation, major repair design approval, permit to fly, production organisation approval or letter of agreement under this Annex shall: (a) N/A (b) when producing a product, part or appliance: (1) maintain the relevant records produced under the production system that was used to justify the conformity of the products, parts or appliances, and retain them in order to provide the information necessary to ensure the continued airworthiness of the product, part or appliance; and (2) for production organisations approved in accordance with Subpart G, record all details of work carried out and establish a record-keeping system that incorporates the requirements imposed on its partners, suppliers and subcontractors, and ensures the conservation of the data used to justify the conformity of the products, parts or appliances. This data shall be held at the disposal of the competent authority and be retained in order to provide the information necessary to ensure the continuing airworthiness of the products, parts or appliances; (c) regarding permits to fly: (1) maintain documents produced to establish and justify the flight conditions, and retain them at the disposal of EASA and the competent authority in order to provide the information necessary to ensure the continued airworthiness of the aircraft; and (2) when issuing a permit to fly under the privilege of approved organisations, maintain the documents associated with it, including inspection records, documents that support the approval of flight conditions and the permit to fly itself, retain them at the disposal of EASA or the competent authority, in order to provide the information necessary to ensure the continued airworthiness of the aircraft; (d) retain records of competence and the qualifications of personnel who are involved in design or production, in independent monitoring of compliance and adequacy, and in safety management if required by points 21.A.139, 21.A.145, 21.A.239 or 21.A.245; and TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 229 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (e) when employing personnel who exercise the privileges of the approved organisation according to points 21.A.163 or 21.A.263, or who carry out the independent monitoring of compliance and adequacy according to points 21.A.139(f) and 21.A.239(f), retain the records of their authorisation. 21.A.9 Investigation (a) All organisations who hold or who have applied for a type certificate, restricted type certificate, supplemental type certificate, ETSO authorisation, major repair design approval, permit to fly, design organisation approval, production organisation approval or letter of agreement under this Annex, shall make arrangements that allow the competent authority to make any investigations, including investigations of partners, suppliers and subcontractors, that are necessary to determine the compliance and the continued compliance of the organisation with the applicable requirements of this Annex. (b) Design and production organisations and applicants for, or holders of, permits to fly or of ETSO authorisations shall allow the competent authority to review any report and make any inspection and perform or witness any test that is necessary to check the compliance of the organisation with this Annex, and to inspect the technical data files. 21.A.133 Eligibility Any natural or legal person (‘organisation’) shall be eligible as an applicant for an approval under this Subpart. The applicant shall: (a) justify that, for a defined scope of work, an approval under this Subpart is appropriate for the purpose of showing conformity with a specific design; and (b) hold or have applied for an approval of that specific design; or (c) have ensured, through an appropriate arrangement with the applicant for, or holder of, an approval of that specific design, satisfactory co-ordination coordination between production and design. 21.A.134 Application Each application for a production organisation approval shall be made to the competent authority in a form and manner established by that authority, and shall include an outline of the information required by point 21.A.143 and the terms of approval requested to be issued under point 21.A.151. EASA Form 56 Issue 3 - POAT Recommendation Report POA Audit Report - Part 2 of 5, Page 1 of 5 MONTH YEAR TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 230 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 PART TWO OF FIVE (CONTINUED): SURVEY REFERENCE: 21.A.139 Quality System Production management system (a) The production organisation shall establish, implement, and maintain a production management system that includes a safety management system and a quality system with clear lines of responsibility and accountability throughout the organisation demonstrate that it has established and is able to maintain a quality system. (b) The production management system shall: (1) correspond to the size of the organisation, and to the nature and complexity of its activities, taking into account the hazards and associated risks inherent in these activities; and (2) be established under the direct accountability of a single accountable manager according to point 21.A.145(c)(1). (c) As part of the safety management element of the production management system, the production organisation shall: (1) establish, implement and maintain a safety policy and the corresponding related safety objectives; (2) appoint key safety personnel to execute the safety policy in accordance with point 21.A.145(c)(2); (3) establish, implement and maintain a safety risk management process that includes: (i) hazard identification in all domains of the organisation and its production activities, resulting from analysis of occurrences collected according to point 21.A.3A; and (ii) safety risk assessment and mitigation; (4) establish, implement and maintain a safety assurance process including: (i) the measurement and monitoring of safety performance; (ii) the management of changes in accordance with points 21.A.143(b) and 21.A.147; and (iii) principles for continuous improvement of the safety management system; and (5) promote safety in the organisation through: (i) training and education; and (ii) communication. (d) As part of the quality management element of the production management system, the production organisation shall: (1) The quality system shall be documented. This quality system shall be such as to enable the organisation to ensure that each product, part or appliance produced by the organisation or by its partners, or supplied from or subcontracted to outside parties, conforms to the applicable design data and is in condition for safe operation, and thus exercise the privileges set forth as defined in point 21.A.163.; (2) The quality system shall contain establish, implement, and maintain, as applicable, within the scope of approval, control procedures for: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 231 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (i) document issue, approval, or change; (ii) vendor and subcontractor assessment, audit and control; (iii) verification that incoming products, parts, materials, and equipment, including items supplied new or used by buyers of products, are as specified in the applicable design data; (iv) identification and traceability; (v) manufacturing processes; (vi) inspection and testing, including production flight tests; (vii) calibration of tools, jigs, and test equipment; (viii) non-conforming item control; (ix) airworthiness co-ordination coordination with the applicant for, or holder of, a design approval; (x) records the completion and retention of records; (xi) personnel the competence and qualification qualifications of personnel; (xii) the issue of airworthiness release documents; (xiii) handling, storage and packing; (xiv) internal quality audits and the resulting corrective actions; (xv) work within the terms of approval performed at any location other than the approved facilities; (xvi) work carried out after the completion of production but prior to delivery, to maintain . the aircraft in a condition for safe operation; and (xvii) issue issuance of permits to fly and approval of associated flight conditions.; (3) The control procedures need to include specific provisions for any critical parts in the control procedures for any critical parts. (e) The production organisation shall document in accordance with point 21.A.143 all production management system key processes, and maintain a process for: (1) amending that documentation; and TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 232 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (2) making personnel aware of their responsibilities under the production management system. (f) The production organisation shall include in the production management system An independent quality assurance function to monitor monitoring of compliance with, and the adequacy of, the production management system and its documented procedures of the quality system. This monitoring shall include a feedback system to the person or group of persons referred to in point 21.A.145(c)(2) and ultimately to the manager referred to in point 21.A.145(c)(1) to ensure, as necessary, corrective action. (g) If the organisation holds other organisation certificates issued on the basis of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, the production organisation may integrate the production management system with the management system that is required for the issuance of the other certificate(s). EASA Form 56 Issue 3- POAT Recommendation Report POA Audit Report - Part 2 of 5, Page 2 of 5 MONTH YEAR TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 233 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 PART TWO OF FIVE (CONTINUED): SURVEY REFERENCE: 21.A.143 Exposition (a) As part of the production management system, the The organisation shall establish submit to the competent authority a production organisation exposition that provides providing directly or by cross reference the following information: (see Part 3 of this Form) (b) The production organisation exposition shall be amended as necessary to remain an up-to-date description of the organisation, and copies of any amendments shall be supplied to the competent authority. 21.A.145 Approval requirements Resources The production organisation shall demonstrate, on the basis of the information submitted in accordance with point 21.A.143 that: (a) with regard to general approval requirements, facilities, working conditions, equipment and tools, processes and associated materials, number and competence of staff, and general organisation are adequate to discharge the obligations under point 21.A.165; (b) with regard to all necessary airworthiness, noise, fuel venting and exhaust emissions data: (1) the production organisation is in receipt of such data from the Agency EASA, and from the holder of, or applicant for, the type certificate type-certificate, restricted type certificate type-certificate or design approval to determine conformity with the applicable design data; (2) the production organisation has established a procedure to ensure that airworthiness, noise, fuel venting and exhaust emissions data are correctly incorporated in its production data; and (3) such data is are kept up to date and made available to all personnel who need access to such data to perform their duties; (c) with regard to management and staff: (1) a an accountable manager has been nominated by the production organisation, and is accountable to the competent with authority to ensure that, His or her responsibility within the organiszation, shall consist of ensuring that all production is performed to the required standards and that the production organisation is continuously in compliance with the requirements of the management system referred to in point 21.A.139, and the data and the procedures identified in the exposition referred to in point 21.A.143. (2) the accountable manager shall nominate a person or a group of persons have been nominated by the production organisation to ensure that the organisation is in compliance with the requirements of this Annex I (Part 21), and are identified, together with the extent of their authority. Such a person (or persons) shall act under the direct authority of the accountable manager referred to in point (1). The knowledge, background and experience of the persons nominated shall be appropriate to discharge their responsibilities; and (3) staff at all levels have been given appropriate authority to be able to discharge their allocated responsibilities and that there is full and effective co-ordination coordination within the production organisation in respect of airworthiness, noise, fuel venting and exhaust emission data matters; (d) with regard to certifying staff, authorised by the production organisation to sign the documents issued under point 21.A.163 under the scope or terms of approval: (1) the knowledge, background (including other functions in the organisation), and TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 234 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 experience of the certifying staff are appropriate to discharge their allocated responsibilities; and (2) the production organisation maintains a record of all certifying staff which shall include details of the scope of their authorisation; (2) certifying staff are provided with evidence of the scope of their authorisation. EASA Form 56 Issue 3 - POAT Recommendation Report POA Audit Report - Part 2 of 5, Page 3 of 5 MONTH YEAR TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 235 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 PART TWO OF FIVE (CONTINUED): SURVEY REFERENCE: 21.A.147 Changes to the approved production management system organisation After the issue of a production organisation approval, each change to the approved production management system organisation that is significant to the showing demonstration of conformity or to the airworthiness and characteristics of noise, fuel venting and exhaust emissions of the product, part or appliance, particularly changes to the quality system, shall be approved by the competent authority before being implemented. Before the implementation of the change, an An application for approval shall be submitted in writing to the competent authority, and the organisation shall demonstrate, to the competent authority before implementation of the change, that it will continue to comply with this Subpart Annex after the implementation. The competent authority shall establish the conditions under which a production organisation approved under this Subpart may operate during such changes unless the competent authority determines that the approval should be suspended. 21.A.148 Changes of location A change of the location of the manufacturing facilities of the approved production organisation shall be deemed of significance and therefore shall comply with point 21.A.147. 21.A.149 Transferability Except as a result of a change in ownership, which is deemed significant for the purposes of point 21.A.147, a production organisation approval is not transferable. 21.A.151 Terms of approval The terms of approval shall identify the scope of work, the products or the categories of parts and appliances, or both, for which the holder is entitled to exercise the privileges under point 21.A.163. Those terms shall be issued as part of a production organisation approval. 21.A.153 Changes to the terms of approval Each change to the terms of approval shall be approved by the competent authority. An application for a change to the terms of approval shall be made in a form and manner established by the competent authority. The applicant shall comply with the applicable requirements of this Subpart. 21.A.157 Investigations A production organisation shall make arrangements that allow the competent authority to make any investigations, including investigations of partners and sub-contractors, necessary to determine compliance and continued compliance with the applicable requirements of this Subpart. 21.A.163 Privileges Pursuant to the terms of approval issued under point 21.A.135, the holder of a production organisation approval may: (a) perform production activities under this Annex; I (Part 21). (b) in the case of complete aircraft and upon presentation of a statement of conformity (EASA Form 52) under point 21.A.174, obtain an aircraft certificate of airworthiness and a noise certificate without further showing; (c) in the case of other products, parts or appliances, issue authorised release certificates (EASA Form 1) under point 21.A.307 without further showing; (d) maintain a new aircraft that it has produced and issue a certificate of release to service (EASA Form TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 236 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 53) in respect of that maintenance; (e) under procedures agreed with its competent authority for production, for an aircraft it has produced, and when the production organisation itself is controlling under its POA the configuration of the aircraft and is attesting conformity with the design conditions approved for the flight, to issue a permit to fly in accordance with point 21.A.711(c) including approval of the flight conditions in accordance with point 21.A.710(b). EASA Form 56 Issue 3- POAT Recommendation Report POA Audit Report - Part 2 of 5, Page 4 of 5 MONTH YEAR TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 237 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 PART TWO OF FIVE (CONTINUED): SURVEY REFERENCE: 21.A.165 Obligations of the holder The holder of a production organisation approval shall: (a) ensure that the production organisation exposition furnished in accordance with point 21.A.143 and the documents to which it refers, are used as basic working documents within the organisation; (b) maintain the production organisation in conformity with the data and procedures approved for the production organisation approval; (c) (1) determine that each completed aircraft conforms to the type design and is in condition for safe operation prior to submitting statements of conformity to the competent authority; or (2) determine that other products, parts or appliances are complete and conform to the approved design data and are in a condition for safe operation before issuing an EASA Form 1 to certify conformity to approved design data and in a condition for safe operation, and additionally in the case of engines, determine according to data provided by the engine type- certificate holder that each completed engine is in compliance with the applicable emissions requirements as defined in point 21.A.18(b), current at the date of manufacture of the engine, to certify emissions compliance; or (3) additionally, in the case of engines, determine that the completed engine is in compliance with the applicable emissions requirements on the date of manufacture of the engine; (4) determine that other products, parts or appliances conform to the applicable data before issuing EASA Form 1 as a conformity certificate; (d) comply with Subpart A of this Annex record all details of work carried out; (e) establish and maintain an internal occurrence reporting system in the interest of safety, to enable the collection and assessment of occurrence reports in order to identify adverse trends or to address deficiencies, and to extract reportable occurrences. This system shall include evaluation of relevant information relating to occurrences and the promulgation of related information; (f) (1) report to the holder of the type-certificate or design approval, all cases where products, parts or appliances have been released by the production organisation and subsequently identified to have possible deviations from the applicable design data, and investigate with the holder of the type-certificate or design approval in order to identify those deviations which could lead to an unsafe condition; (2) report to the Agency and the competent authority of the Member State, or both, the deviations which could lead to an unsafe condition identified according to point (1). Such reports shall be made in a form and manner established by the Agency under point 21.A.3A(b)(2) or accepted by the competent authority of the Member State; (3) where the holder of the production organisation approval is acting as a supplier to another production organisation, report also to that other organisation all cases where it has released products, parts or appliances to that organisation and subsequently identified them to have possible deviations from the applicable design data; (e) provide assistance to the holder of the type certificate type-certificate or design approval in dealing with any continuing airworthiness actions that are related to the products parts or appliances that have been produced; (h) establish an archiving system incorporating requirements imposed on its partners, suppliers and sub-contractors, ensuring conservation of the data used to justify conformity of the products, parts TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 238 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 or appliances. Such data shall be held at the disposal of the competent authority and be retained in order to provide the information necessary to ensure the continuing airworthiness of the products, parts or appliances; (f) where, under its terms of approval, the holder issues a certificate of release to service, determine that each completed aircraft has been subjected to necessary maintenance and is in condition for safe operation, prior to issuing the certificate; (g) where applicable, under the privilege of point 21.A.163(e), determine the conditions under which a permit to fly can be issued; (h) where applicable, under the privilege of point 21.A.163(e), establish compliance with points 21.A.711(c) and (e) before issuing a permit to fly to an aircraft;. (i) comply with Subpart A of this Annex. EASA Form 56 Issue 3- POAT Recommendation Report POA Audit Report - Part 2 of 5, Page 5 of 5 MONTH YEAR TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 239 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Competent authority of an EU Member State or EASA RECOMMENDATION REPORT IN SUPPORT OF Part 21 SUBPART G ISSUE / CONTINUATION / VARIATION/SIGNIFICANT CHANGE PART THREE OF FIVE PARTS: Part 21 SUBPART G EXPOSITION COMPLIANCE Name of organisation: Approval of organisation: Approval reference: ___________ Survey reference: Note A: Each box must be completed with one of the three following indicators: 1. a tick () which means compliance; 2. NR which means the requirement is NOT RELEVANT to the activity at the address surveyed; (The reason for NR should be stated in Part 4 of the report unless the reason is obvious.); 3. a number relating to a comment which must be recorded in Part 4 of the report. Note B: The exposition may be compiled in any subject order as long as all applicable subjects are covered. Note C: If the organisation holds another Part approval requiring an exposition or handbook, it is acceptable to use this index as a supplement to the existing exposition or handbook and to cross- refer each subject to the position in the existing exposition or handbook. Production organisation exposition Revision Status: (Content as required by point 21.A.143(a)) (1) A statement signed by the accountable manager confirming that the production organisation exposition and any associated manuals which define the approved organisation’s compliance with this Annex Subpart will be complied with at all times; (2) the title(s) and names of the managers accepted by the competent authority in accordance with point 21.A.145(c)(2); (3) the accountabilities duties and responsibilities of the manager(s) as required by point 21.A.145(c)(2) including matters on which they may deal directly with the competent authority on behalf of the organisation. (4) an organisational chart showing the associated chains of accountability and responsibility of the managers as required by points 21.A.145(c)(1) and (c)(2); (5) a list of certifying staff as referred to in point 21.A.145(d) [Note : a separate document may be referenced] (6) a general description of man-power resources; EASA Form 56 Issue 3- POAT Recommendation Report POA Audit Report - Part 3 of 5, Page 1 of 2 MONTH YEAR TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 240 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 PART THREE OF FIVE (CONTINUED): SURVEY REFERENCE: (7) a general description of the facilities located at each address specified in the production organisation’s certificate of approval. (8) a general description of the production organisation’s scope of work that is relevant to the terms of approval; (9) the procedure for the notification of organisational changes to the competent authority; (10) the amendment procedure for the production organisation exposition; (11) a description of the quality production management system and the policy, processes and the procedures as required by point 21.A.139(b)(1); (12) a list of those outside parties referred to in point 21.A.139 (a) (d)(1); and [Note : a separate document may be referenced] (13) if flight tests are to be conducted, a flight test operations manual defining the organisation’s policies and procedures in relation to flight test. EASA Form 56 Issue 3 - POAT Recommendation Report POA Audit Report - Part 3 of 5, Page 2 of 2 MONTH YEAR TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 241 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Competent authority of an EU Member State or EASA RECOMMENDATION REPORT IN SUPPORT OF Part 21 SUBPART G APPROVAL ISSUE / CONTINUATION / VARIATION/SIGNIFICANT CHANGE PART FOUR OF FIVE PARTS: FINDINGS ON Part 21 SUBPART G COMPLIANCE STATUS Name of organisation: Approval reference: _______________ Survey reference: _______________ Note A: Each finding must be identified by number and the number must cross-refer to the same number in a box in Parts 2 or 3 of the Part 21 Subpart G survey report. Note B: As stated in Part 1, any comments recorded in this Part 4 should be copied to the organisation surveyed, together with Part 1. Note C: In the case of a partial clearance of a finding with some outstanding actions remaining, these actions have to be identified. CLEARANCE NO: FINDING LEVEL OUTSTANDING ACTION DATE REP.REF. NAME & SIGNATURE OF INSPECTOR: Date: EASA Form 56 Issue 3 - POAT Recommendation Report POA Audit Report - Part 4 of 5, Page 1 of 2 MONTH YEAR TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 242 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 PART FOUR OF FIVE (CONTINUED): Sheet ___ of ___ SURVEY REFERENCE: CLEARANCE NO: FINDING LEVEL OUTSTANDING ACTION DATE REP.REF. NAME & SIGNATURE OF INSPECTOR: Date: EASA Form 56 Issue 3 - POAT Recommendation Report POA Audit Report - Part 4 of 5, Page 2 of 2 MONTH YEAR TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 243 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Competent authority of an EU Member State or EASA RECOMMENDATION REPORT IN SUPPORT OF Part 21 SUBPART G APPROVAL ISSUE / CONTINUATION / VARIATION/SIGNIFICANT CHANGE PART FIVE OF FIVE PARTS: Part 21 SUBPART G APPROVAL RECOMMENDATION Name of organisation: Approval reference: _______________ Survey reference: _______________ Recommendation for issue / variation of approval/significant change: The following Part 21 Subpart G Tterms of approval are recommended for the above organisation at the address(es) specified in Part 1 of this report: or Recommendation for continuation of existing approval: It is recommended that the Part 21 Subpart G Tterms of approval identified in EASA Form 55 referenced _______________ be continued.  Reporting performed according to the procedure for authority surveillance of suppliers of a POA holder located in other Member States, if applicable. (Strict confidentiality to be observed) Name of the competent authority inspector making the recommendation: Signature of the competent authority inspector: Competent authority office: Date: EASA Form 56 Issue 3 - POAT Recommendation Report POA Audit Report - Part 5 of 5, Page 1 of 1 MONTH YEAR  21.B.220 Initial certification procedure TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 244 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 GM2 No 3 to 21.B.220(c) Initial certification procedure - Procedures for investigation – POA applications received from organisations with facilities/partners/ suppliers/sub-contractors located in a third country APPLICATION RECEIVED FROM ORGANISATIONS WITH FACILITIES/PARTNERS/ SUPPLIERS/SUBCONTRACTORS LOCATED IN A THIRD COUNTRY The obligations of the applicant are totally independent from the surveillance exercised by the competent authority. It is not acceptable that the applicant relies on the surveillance activities of the competent authority to simplify its tasks. Facilities located in a third country When any part of the production facilities of an applicant for POA is located outside the Member States, then the location will be treated in all aspects as part of the applicant’s POA organisation. Therefore, the investigating competent authority will include the facilities outside the Member States: (a) include the facilities outside the Member States fully in their investigation and surveillance activities for the applicant for, or holder of, the POA; (b) include the facilities outside the Member States in the terms of approval of the EASA Form 55 (see Annex I Part 21 Appendix X) when issuing the POA. Partners/suppliers/subcontractors sub-contractors located in a third country The competent authority should define on the basis of Part 21 and, its associated CS and GM, a clear procedure on supplier control. This procedure should include the control of partners/suppliers/subcontractors sub-contractors of the applicant for, or holder of, a POA that are located outside the Member States. In respect of the applicant for, or holder, of the POA, the competent authority should: (1) investigate, for the initial approval and consequent continued surveillance, the production organisation, and its partners/suppliers/subcontractors sub-contractors at the necessary level, to ensure that the organisation can comply with the requirements of Part 21;, (2) in accordance with the competent authority procedure, assess and accept the documented procedure for supplier control as part of the POA holder’s quality system, and changes to that procedure prior to implementation; and, (3) in accordance with competent authority procedure, assess the necessary level of surveillance to be exercised by the production organisation on partners / suppliers / subcontractors sub- contractors and check the audit plan of the production organisation against this level. The level of co-operation cooperation between the competent authority and the competent authority of the third country where a partner/supplier/subcontractor sub-contractors or of the production organisation is located may influence the authorities’ activities concerning this partner/supplier/ subcontractor subcontractors. Co-operation Cooperation with the competent authority of the third country should be based on the capability and goodwill of that authority, and a complete interchange of necessary information. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 245 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 The involvement of this competent authority of the third country in the surveillance of the partner/supplier/ sub contractors sub-contractors will be based on the following principles: (a) When a recognition agreement under Article 68 of Regulation (EU) 2018/1139 covering production subjects has been concluded: a(1) The competent authority in accordance with GM1 No 2 to 21.A.139(a) (d)(1) may decide that direct surveillance of the POA holder activities at the foreign location may not be necessary. b(2) In any other case, the provisions of the recognition agreement on the subject apply (technical assistance, etc....). (b) If a recognition agreement has not been concluded, or it does not cover production subjects, it may be necessary that the competent authority of the Member State, the Agency EASA, and the competent authority of a third country enter into a specific working arrangement addressing the following matters: a(1) acceptance by the competent authority of the third country of conducting manufacturing surveillance of the relevant production activities on behalf of the competent authority, under the respective quality standards defined by the competent authority;. b(2) tasks to be performed; and c(3) practical methods. These arrangements are between authorities and do not relieve the applicant of its obligations. — In all cases, even though surveillance tasks are delegated to the competent authority of the third country, the competent authority remains the responsible authority and may consequently exercise direct surveillance if necessary. — If in case that it is not possible to delegate surveillance tasks to the competent authority of the third country, the competent authority will have to establish a direct surveillance programme in accordance with its procedure concerning supplier control as part of the overall surveillance of the POA holder. — 21.B.220 Initial certification procedure GM3 No 4 to 21.B.220(c) Initial certification procedure Procedures for investigation — Competent authority surveillance of suppliers of a POA holder located in other Member States COMPETENT AUTHORITY SURVEILLANCE OF SUPPLIERS OF A POA HOLDER LOCATED IN OTHER MEMBER STATES (a)1. The aviation legislation identifies specific State obligations in relation to complete products.: The State of manufacture, as used in ICAO Annex 8, normally identifies the country where the final assembly and the final determination of airworthiness is made. However, sub-assemblies and parts may be produced by POA holders in other countries and the EASA Form 1 - TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 246 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Authorised Release Certificate will identify those countries as the locations location for production. Among Member States, the obligations of the State of manufacture may be discharged through the use of the Part 21 POA system. According to Part 21 Subpart G, each POA holder must have established and documented in its POE a system for its own control of suppliers/supplies. Surveillance of this system is part of the responsibility of the competent authority of the POA holder wherever the suppliers are located. This surveillance may be exercised through the POA holder and/or at supplier level especially in the cases where the supplier would be eligible for its own POA. The purpose of this procedure is to ensure the completeness of the chain of responsibilities chain so that no separate technical agreement between these national authorities is necessary, and when necessary, to establish a means of communication between the involved competent authorities of the Member States. (b)2. Principle to organise competent authority supplier surveillance between Member States.: In order to avoid duplication and to take the best advantage of Regulation (EC) No 216/2008 that establishes under Article 11 mutual recognition of certificates issued by production organisations approved in accordance with Part 21 Section A Subpart G by a an Member State, the principle for the competent authority surveillance of the suppliers of a POA holder located in other Member States is for the responsible competent authority to delegate surveillance activity activities to the other competent authority of the supplier. This applies between Member States and for to suppliers holding a Part 21 POA. Delegation of surveillance tasks does not imply a delegation of the overall responsibility, therefore the competent authority of the POA contractor always retains the right of direct supervision at the supplier location, especially when serious quality problems are encountered. In such a case, co-ordination there will be coordination will be organised between both competent authorities. This delegation of surveillance is to be considered automatic as soon as the supplier holds a Part 21 POA, provided that the intended supply is included in the approved scope of work. Evidence of that approval will normally be found through the release of the supplied parts with an EASA Form 1. In addition, the competent authority of the supplier should immediately inform the competent authority of the contractor in any case of a serious quality problem. In the cases where the competent authority of the contractor considers that it is necessary to establish closer ties with the competent authority of the supplier (i.e., critical or significant parts), the exchange of information between the competent authorities should be organised as follows: 2.(1) Tasks of the competent authority of the POA contractor The competent authority of the contractor should inform in writing the competent authority of the sub-contractor subcontractor with of the following: (i)a. The identification Identification (and location) of the contractor; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 247 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (ii)b. The identification Identification (and location) of the sub-contractor subcontractor; (iii)c. The identification Identification of the subcontracting (parts, contract No N°, etc.); (iv)d. Reference A reference to the quality requirements attached to the contract; (v)e. The name Name and address of the competent authority office/person in charge of the POA; (vi)f. Whether Ddirect Ddelivery Aauthorisation (DDA) applies; (vii)g. Any specific action item/requirement from the competent authority; and (viii)h. Request A request for a bi-annual reporting (both ways). EASA Form 58A is provided for the convenience of the competent authority for this purpose. The competent authority of the contractor should require that the contract/order from the contractor to the sub-contractor subcontractor should to indicate that it is placed under the surveillance of its competent authority on behalf of the competent authority of the contractor, and should address the subject to the payment of the possible surveillance fees. 2.(2) Tasks of the competent authority of the supplier (sub-contractor subcontractor) On receipt of the information from the competent authority of the contractor, the competent authority of the sub-contractor subcontractor should: –(i) Vverify that the scope of work of the POA of the supplier covers the intended supply (or envisage to extend extending it in liaison with the supplier);. –(ii) Vverify that the specific quality requirements for the parts have been introduced in into the quality system of the supplier;. –(iii) Cconfirm to the competent authority of the contractor that the procurement is included in the POA of the supplier and that their surveillance will cover this activity; and. –(iv) Iindicate the name and address of the competent authorities office/person in charge of the POA. If the supplier has no POA under Part 21, or does not want to extend it, and/or if its competent authority cannot conduct surveillance on behalf of the other competent authority, the competent authority of the supplier will inform the competent authority of the contractor in order for it to decide on the appropriate actions. 2.(3) Exchange of information between the competent authorities This information should normally take two forms: — Immediate exchange of information between both competent authorities in case of serious quality problems; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 248 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 — A bi-annual exchange of information at a given date in order to guarantee proper on going ongoing control of the subcontract by both competent authorities. This information should cover in a concise form: a(i) Ffor the competent authority of the contractor: — A a résumé resume of the quality problems encountered by the contractor, on receipt inspection, on installation on aircraft or on in service aircraft; and — A a status of the reference documents. b(ii) For the competent authority of the sub-contractor subcontractor: A résumé resume of at least the following subjects: — Changes in organisation and qualification of the sub-contractor subcontractor (in case of impact on the procurement);, — Quality problems encountered during manufacture;, — Corrective actions following problems encountered earlier on in the procurement;, — Findings from national authorities’ surveillance that may have an impact on the procurement; and, — Quality problems related to the contractor procurement (materials, documentation, procedures, processes). Any exchange Exchange of information between competent national authorities according to this procedure is strictly confidential and should not be disclosed to other parties. It is recommended to plan at least every 5 years a meeting between industry and the two competent national authorities to review each major subcontract to verify that there is proper management by the various parties involved. 3. Miscellaneous a) Release documentation The release Release of parts by the POA sub-contractor subcontractor to the contractor will be accompanied by an « ‘Authorised Release Certificate EASA Form 1»’ issued for «’Airworthiness »’ or for «’Conformity»’ as appropriate. b) Sub-subcontracting Subsubcontracting If the sub-contractor subcontractor wants itself to subcontract, it is up to the competent authority of the sub-contractor subcontractor to verify that this is done in accordance with the conditions of the contract, to organise as necessary the related authority surveillance and to inform the competent authority of the contractor. c) Language TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 249 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Except if it is agreed otherwise, it is recommended to use the English language for the exchange of information between the competent authorities. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 250 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Competent authority of an EU Member State or EASA REQUEST FOR REPORTING ON SUB-CONTRACTOR SUBCONTRACTOR SURVEILANCE Document reference number: <REQUEST REF. NO.> As competent authority which issued a POA to: <CONTRACTOR COMPANY> With approval reference: <CONTRACTOR POA REF. NO..> The <COMPETENT AUTHORITY> has determined that there <SUB-CONTRACTOR COMPANY> is a need for direct authority supplier surveillance of: With approval reference: <SUB-CONTRACTOR POA REF.NO.> Which is situated in: <COUNTRY OF SUB-CONTRACTOR COMPANY> As part of the surveillance as required for the Part 21 Section A Subpart G approved production organisation, according to GM3 No. 4 to 21.B.220(c), the competent authority of the sub-contractor subcontractor is requested to perform authority surveillance on the specific sub-assembly sub-assembly and parts as details and requirements are defined below. Identification of subcontracting (parts, contract No., etc.…): Reference to the quality requirements attached to the contract between contractor and sub-contractor subcontractor: Name and address of the requesting competent authority office/person in charge of the POA: Direct Ddelivery Aauthorisation (DDA) applies:  Yes  No Specific action item/requirement from the competent authority of the contractor: Request and details required for a bi-annual reporting (both ways) according to GM3 No. 4 to 21.B.220(c) (Strict confidentiality to be observed): Name and signature of the competent authority person making the request: Competent authority office: Date: EASA Form 58A – Request for reporting on sub-contractor subcontractor surveillance, Page x of x TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 251 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 Competent authority of an EU Member State or EASA REPORT ON SUB-CONTRACTOR SUBCONTRACTOR SURVEILLANCE Document reference number: <REPORT REF. NO.> Reporting request reference number: < REQUEST REF. NO > As responsible competent authority, the <COMPETENT AUTHORITY> issued a POA to and is performing direct <SUB-CONTRACTOR COMPANY> authority surveillance of: With approval reference: <SUB-CONTRACTOR POA REF. NO..> Which is a subcontracted supplier of: <CONTRACTOR COMPANY> With approval reference: <CONTRACTOR POA REF.NO.> Which is situated in: <COUNTRY OF CONTRACTOR COMPANY> According to GM3 No. 4 to 21.B.220(c) and on request of the competent authority of the contractor company, the <COMPETENT AUTHORITY> reports on the results of its authority surveillance on the specific parts and appliances defined below: Identification of subcontracting (parts, contract No., etc. …): Identification of attachments to this report (if needed): Date and identification of the previous report: Resume of surveillance results: Changes in organisation and qualification of the sub- contractor subcontractor (in case of impact on the procurement): Quality problems encountered during manufacture: Corrective actions following problems encountered earlier on in the procurement: Findings from competent authority surveillance that may have an impact on the procurement: Quality problems related with the contractor procurement (materials, documentation, procedures, processes): Note: the exchange Exchange of information between national authorities according to this procedure is strictly confidential and should not be disclosed to other parties. Name and signature of the competent authority person reporting: Competent authority office: Date: EASA Form 58B – Report on sub-contractor subcontractor surveillance, Page x of x  21.B.220 Initial certification procedure TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 252 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC1 21.B.220(d)(1) Initial certification procedure ISSUE OF THE CERTIFICATE (a) The competent authority should base its decision to issue or amend a POA on the recommendation report (EASA Form 56, see GM1 21.B.220) of the investigation team submitted by the POA team leader. EASA Form 56 includes a proposal by the investigation team for the scope and terms of approval that define the products, parts and appliances for which the approval is to be granted, with appropriate limitations. (b) When the competent authority issues the approval, a final controlled copy of an acceptable exposition for the organisation should be supplied to the competent authority. (c) In some cases, it may be acceptable for some findings to not be fully closed because corrective actions are still in progress. The competent authority may decide according to the following principles: (1) Findings should be equivalent to level 2, which do not need to be rectified as a matter of urgency within less than 3 months, and should normally not exceed three in number. (2) A corrective action plan, including timescales, should have been accepted and should not require an additional and specific follow-up audit by the competent authority. (d) A record should be kept by the competent authority and should upon request be brought to the attention of EASA for standardisation purposes.  21.B.220 Initial certification procedure AMC1 21.B.221(a), (b) and (c) Oversight principles MANAGEMENT SYSTEM ASSESSMENT As part of the initial certification of an organisation in accordance with point 21.B.220, the competent authority should assess the organisation’s management system and its processes to make sure that all the required enablers of a functioning management system are present and suitable. As part of the continuing oversight, the competent authority should remain satisfied as to the presence of the required enablers, and assess the effectiveness of the organisation’s management system and its processes. When significant changes take place in the organisation, the competent authority should determine whether the existing assessment needs to be reviewed to ensure that it is still appropriate.  21.B.221 Oversight principles AMC1 21.B.222 and 21.B.432 Oversight programme ANNUAL REVIEW (a) The oversight planning cycle and the related oversight programme for each organisation should be reviewed annually to ensure they remain adequate regarding any changes in the nature, complexity or safety performance of the organisation. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 253 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (b) When reviewing the oversight programme and the oversight planning cycle, the competent authority should also consider any relevant information collected in accordance with points 21.A.3A and 21.B.215(d) for production organisations or point 21.B.431(d) for design organisations.  21.B.222 Oversight programme GM1 21.B.222(a) Oversight programme MAINTENANCE OF THE POA — WORK ALLOCATION WITHIN THE COMPETENT AUTHORITY After the issue of the approval, the competent authority should appoint a suitable member of its technical staff as the POATL to be in charge of the approval for the purpose of continued surveillance. Where the POA holder facilities are located in more than one Member State, the competent authority of the State of manufacture will liaise with the competent authorities of the various members to ensure appropriate continued surveillance.  21.B.222 Oversight programme AMC1 21.B.222(b) and 21.B.432(b) Oversight programme SPECIFIC NATURE AND COMPLEXITY OF THE ORGANISATION — RESULTS OF PAST OVERSIGHT When determining the oversight programme, including the relevant sample of product, parts and appliances under the scope of the organisation as the product audits, the competent authority should consider in particular the following elements, as applicable: (a) the effectiveness of the organisation’s management system in identifying and addressing non-compliances and safety hazards; (b) the implementation by the organisation of any industry standards that are directly relevant to the organisation’s activity subject to Part 21; (c) any specific procedures implemented by the organisation that are related to any alternative means of compliance used; (d) the number of approved locations and the activities performed at each location; (e) the number and type of any subcontractors who perform production or design tasks as appropriate; and (f) the volume of activity for each product, parts or appliance.  21.B.222 Oversight programme AMC2 21.B.222(b) and 21.B.432(b) Oversight programme SUBCONTRACTED ACTIVITIES If a Part 21 organisation subcontracts some tasks, the competent authority should determine whether the subcontracted organisations needs to be audited and included in the oversight programme, taking into account the specific nature and complexity of the subcontracted activities, TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 254 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 the results of previous oversight activities of the organisation approved according to Subparts G or J, and based on the assessment of the associated risks. For such an audit, the competent authority inspector should ensure that he or she is accompanied throughout the audit by a senior technical member of the Part 21 organisation.  21.B.222 Oversight programme GM1 21.B.222(b) Oversight programme The oversight programme consists of: (a) planned continued surveillance, in which the total surveillance actions are split into several audits, which are carried out at planned intervals during the validity period of the production organisation approval. Within the continued surveillance, one aspect may be audited once or several times, depending upon its importance; and (b) unplanned POA reviews, which are specific additional investigations of a POA holder related to surveillance findings or external needs. The competent authority is responsible for deciding when a review is necessary, taking into account any changes in the scope of work, changes in personnel, reports on the organisation’s performance submitted by other EASA or competent authorities teams, and reports on the in-service product.  21.B.222 Oversight programme AMC1 21.B.222(b)(1) Oversight programme AUDIT (a) The oversight programme should indicate which aspects of the certificate will be covered by each audit. (b) A part of each audit should concentrate on the organisation’s audit reports produced by the compliance monitoring function to determine whether the organisation is identifying and correcting its problems. (c) At the conclusion of the audit, an audit report should be completed by the auditing inspector, identifying the areas and processes that were audited and including all the findings that were raised. (d) At the completion of each oversight planning cycle, the POATL responsible for the POA should complete an EASA Form 56 (see GM1 21.B.220) as a summary report for the continued surveillance, including the recommendation for a continuation of the POA, as applicable. EASA Form 56 should be countersigned by the person responsible within the competent authority for the acceptance. At this stage, there is no limitation on the number of level 2 findings that may be open, provided that they are within the time limits of the respective corrective action plans.  21.B.222 Oversight programme GM1 21.B.222(b)(1)(ii) Oversight programme GUIDE TO THE CONDUCT OF MONITORING PRODUCTION STANDARDS TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 255 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (a) Point 21.B.222(b)(1)(ii) identifies the need for a sample investigation of products, parts or appliances, their associated conformity determinations and the certifications made by a POA holder. For this to be performed effectively and efficiently, the competent authority should integrate a sampling plan as part of the planning of the investigation and continued surveillance activities that are appropriate to the scope and size of the relevant applicant. (b) The sample investigation could, for example, include: (1) a modification (or change); (2) the installation, testing, or operation of a major part or system; (3) the accuracy and generation of the flight test report data; (4) the accuracy and generation of the weighing report data; (5) an engine test bed run; (6) the traceability of records; (7) the accuracy and generation of the statement of conformity data and the associated safe operation determination; and (8) the accuracy and generation of EASA Form 1 data. (c) The sampling plan should be flexible so as to: (1) accommodate changes in the production rate; (2) make use of the results from other samples; (3) make use of the results from other POA investigations; and (4) provide the competent authorities with the maximum degree of confidence. (d) To be effective, this product sample requires that the individual investigator(s): (1) have a good practical knowledge of the product, part or appliance; (2) have a good practical knowledge of the manufacturing processes; (3) have up-to-date knowledge of the production organisation’s production programme; (4) use an appropriate and up-to-date sample plan and compliance checklists; (5) have a suitable recording system for the results; (6) have a properly operating system to provide feedback to their competent authority’s organisation for the POA and the production organisation; (7) maintain an effective working relationship with the production organisation and its staff; and (8) be able to communicate effectively.  21.B.222 Oversight programme TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 256 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC1 21.B.222(c) Oversight programme OVERSIGHT PLANNING CYCLE AUDIT AND INSPECTION (a) When determining the oversight planning cycle and defining the oversight programme, the competent authority should assess the risks related to the activity of each organisation and adapt the oversight to the level of risk identified and to the effectiveness of the organisation’s management system, in particular its ability to effectively manage safety risks. (b) The competent authority should establish a schedule of audits and inspections that is appropriate to each organisation. The planning of audits and inspections should take into account the results of the hazard identification and risk assessment conducted and maintained by the organisation as part of the organisation’s management system. Inspectors should work in accordance with the schedule provided to them. (c) When the competent authority, having regard to the level of risk identified and the effectiveness of the organisation’s management system, varies the frequency of an audit or inspection, it should ensure that all the aspects of the organisation’s activities are audited and inspected within the applicable oversight planning cycle.  21.B.222 Oversight programme AMC1 21.B.222(c) and 21.B.432(c) Oversight programme OVERSIGHT PLANNING CYCLE — AUDIT (a) For each organisation approved by the competent authority, all the processes should be completely audited at periods that do not exceed the applicable oversight planning cycle. The beginning of the first oversight planning cycle is normally determined by the date of issue of the first approval. If the competent authority wishes to align the oversight planning cycle with the calendar year, it should shorten the first oversight planning cycle accordingly. (b) Audits should include at least one on-site audit within each oversight planning cycle. For organisations that exercise their regular activity at more than one site, the determination of the sites to be audited should consider the results of past oversight, the volume of activity at each site, as well as the main risk areas identified. (c) For organisations that hold more than one approval, the competent authority may define an integrated oversight schedule to include all the applicable audit items. In order to avoid any duplication of audits, credit may be granted for any specific audit items already completed during the current oversight planning cycle, subject to the following conditions: (1) the specific audit item should be the same for all the approvals under consideration; (2) there should be satisfactory evidence on record that the specific audit items were carried out and that all corrective actions have been implemented to the satisfaction of the competent authority; (3) the competent authority should be satisfied that there is no evidence that standards have deteriorated in respect of those specific audit items for which credit is granted; and TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 257 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (4) the interval between two audits for the specific item for which credit is granted should not exceed the applicable oversight planning cycle.  21.B.222 Oversight programme. AMC1 21.B.222(d) Oversight programme EXTENSION OF THE OVERSIGHT PLANNING CYCLE BEYOND 24 MONTHS (a) If the competent authority applies an oversight planning cycle that exceeds 24 months, it should perform, at a minimum, one inspection of the organisation within each 12-month segment of the applicable oversight planning cycle to validate the oversight programme. (b) If the results of this inspection indicate a decrease in the safety performance of the organisation, the competent authority should revert to a 24-month (or shorter) oversight planning cycle and review the oversight programme accordingly. (c) In order to be able to apply an oversight planning cycle of up to 36 months, the competent authority should determine the format and contents of the regular reports to be made by the organisation on its safety performance. (d) To enable the competent authority to apply an oversight planning cycle of up to 48 months, the competent authority should establish, implement and maintain a methodology to evaluate the safety performance of the organisation, focusing on the organisation’s ability to effectively identify aviation safety hazards and manage the associated risks.  21.B.222 Oversight programme GM1 21.B.225(a) 21.B.125(b), 21.B.225(b) and 21.B430(b) Findings and corrective actions Objective evidence OBJECTIVE EVIDENCE Objective evidence is a fact which is, or can be, documented, based on observations, measurements or tests that can be verified. Objective evidence generally comes from the following: (a) documents or manuals; (b) examination of equipment/products; and (c) information from interview questions and observations of POA an organisation’s activities.  21.B.225 Findings and corrective actions GM1 21.B.125(b)(1) and 21.B.225(b)(1) Findings and corrective actions UNCONTROLLED NON-COMPLIANCE WITH APPLICABLE DESIGN DATA An uncontrolled non-compliance with applicable design data is a non-compliance that: (a) cannot be discovered through systematic analysis; or (b) prevents the identification of the affected products, parts, appliances, or material.  21.B.225 Findings and corrective actions TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 258 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC1 21.B.225(d)(a) Findings and corrective actions Notification of findings NOTIFICATION OF FINDINGS In case of a level 1 one finding, confirmation must should be obtained in a timely manner that the accountable manager has taken note of the finding and its details received the letter containing details of the level one finding and the approval suspension details. A level two finding requires timely and effective handling oversight by the competent authority to ensure the completion of the corrective action. This oversight may includes intermediate communication, including reminding letters as necessary, with to remind the POA approval holder to verify that the corrective action plan is followed. The competent authority should grant the organisation a corrective action implementation period that is appropriate to the nature of the finding, which should not in any case be more than 21 working days, commencing from the date of the written communication of the finding to the organisation, requesting corrective action to address the non-compliance identified.  21.B.225 Findings and corrective actions AMC No 1 to 21.B.230 Issue of the certificate The competent authority should base its decision to issue or amend a POA on the recommendation report (EASA Form 56, see GM No 2 to 21.B.220(c)) of the POAT submitted by the POA team leader. The EASA Form 56 includes a proposal by the POAT for the scope and terms of approval defining the products, parts and appliances for which the approval is to be granted, with appropriate limitations. When the competent authority issues the approval a final controlled copy of an acceptable exposition for the organisation should have been supplied to the competent authority. In some cases it may be accepted that some findings are not fully closed because corrective actions are still in progress. The competent authority may decide according to the following principles: 1) Findings should be equivalent to level two, which do not need to be rectified as a matter of urgency within less than three months, and should normally not exceed three in number. 2) Corrective action plan, including timescales, should have been accepted and should not require an additional and specific follow-up audit by the competent authority. A record should be kept by the competent authority and should be brought to the attention of the Agency on request for standardisation purposes. GM 21.B.235(a)(4) Guide to the conduct of monitoring production standards. 1. 21.B.235(a)(4) identifies a need for a sample investigation of products, parts or appliances, their associated conformity determinations and certifications made by a POA holder. For this to be performed effectively and efficiently, the competent authority should integrate a sampling plan as part of the planning of the investigation and continued surveillance activities appropriate to the scope and size of the relevant applicant. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 259 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 2. The sampling plan could, for example, investigate: (a) a modification (or change) (b) the installation, testing, or operation of a major part or system (c) the accuracy and generation of the Flight Test report data (d) the accuracy and generation of the Weighing report data (e) an engine test bed run (f) records traceability (g) the accuracy and generation of the Statement of Conformity data and the associated safe operation determination (h) the accuracy and generation of EASA Form 1 data. The sampling plan should be flexible so as to: (i) accommodate changes in production rate (j) make use of results from other samples (k) make use of results from other POA Investigations (l) provide the maximum national authorities confidence To be effective this product sample requires that the individual investigator(s): (m) have a good practical knowledge of the product, part or appliance (n) have a good practical knowledge of the manufacturing processes (o) have an up to date knowledge of the manufacturers production programme (p) use an appropriate and up to date sample plan and compliance check lists (q) have a suitable recording system for the results (r) have a properly operating feedback system to their national authorities organisation for POA and the manufacturer (s) maintain an effective working relationship with the manufacturer and his staff (t) be able to communicate effectively GM 21.B.235(b) Maintenance of the POA - Work allocation within the competent authority After issue of the approval the competent authority should appoint a suitable member of its technical staff as the POATL to be in charge of the approval for the purpose of continued surveillance. Where the POA holder facilities are located in more than one Member State the competent authority of the State of manufacture will liaise with the competent authorities of the various partners/members to ensure appropriate continued surveillance. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 260 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 GM 21.B.235(b) and (c) Continued surveillance Continued surveillance consists of: 1. Planned continued surveillance, in which the total surveillance actions are split into several audits, which are carried out at planned intervals during the validity period of the production organisation approval. Within the continued surveillance one aspect may be audited once or several times depending upon its importance. 2. Unplanned POA reviews, which are specific additional investigation of a POA holder related to surveillance findings or external needs. The competent authority is responsible for deciding when a review is necessary taking into account changes in the scope of work, changes in personnel, reports on the organisation performance submitted by other EASA or national authorities teams, reports on the in service product. AMC 21.B.235(c) Continuation of POA At the end of the 24 months continued surveillance cycle the POATL responsible for the POA should complete an EASA Form 56 (see GM No 2 to 21.B.220(c)) as a summary report for the continued surveillance including the recommendation for continuation of the POA as applicable. The EASA Form 56 should be countersigned by the person responsible within the competent authority for his acceptance. At this stage there is no limitation to the number of level two findings that may be open, provided they are within the time limits of the respective corrective action plans. AMC1 No 1 to 21.B.240 Changes to a production organisation approval Application for significant changes or variation of scope and terms of the POA APPLICATION FOR SIGNIFICANT CHANGES OR A VARIATION OF SCOPE AND TERMS OF THE POA (a) The competent authority should have adequate control over any changes to the personnel specified in points 21.A.145(c)(1) and (2). Such changes in personnel will require an amendment to the exposition. (b) When an organisation submits the name of a new nominee for any of the personnel specified in points 21.A.145(c)(1) and (2), the competent authority may require the organisation to produce a written résumé of the proposed person's qualifications. The competent authority should reserve the right to interview the nominee or call for additional evidence of his or her suitability before deciding upon his or her acceptability. (c) For changes that require prior approval, in order to verify the organisation's compliance with the applicable requirements, the competent authority should conduct an audit of the organisation, limited to the extent of the changes, and determine whether the organisation needs to provide a safety risk assessment. (d) If a safety risk assessment is deemed necessary, the competent authority should inform the organisation accordingly. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 261 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (e) If the competent authority considers that it is necessary to review the safety risk assessment performed by the organisation, it should request the assessment from the organisation and assess its results. (f) If required for verification, the audit may conduct interviews and inspections carried out at the organisation’s facilities. (g) The competent authority should receive an application for any significant changes or for a change to the terms of approval of the DOA on an EASA Form 51 completed by the applicant. The competent authority must receive an application for significant changes or variation of scope and terms of the POA on an EASA Form 51 (see below) completed by the applicant.  21.B.240 Changes to a production organisation approval TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 262 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 EASA Form 51 Application for significant changes or variation of scope and terms of Part 21 POA Competent authority of an EU Member State or EASA 1. Name and address of the POA holder: 2. Approval reference number: 3. Locations for which changes in the terms of approval are requested: 4. Brief summary of proposed changes to the activities at the item 3 addresses: a) General: b) Scope of approval: c) Nature of privileges: 5. Description of organisational changes: 6. Position and name of the accountable manager or nominee: _______________________________ __________________________________ Date Signature of the accountable manager (or nominee) EASA Form 51 Block 1: The name must be entered as written on the current approval certificate. Where a change in the name is to be announced state the old name and address here, while using Block 5 for the information about the new name and address. The change of name and/or address must be supported by evidence, e.g. by a copy of the entry in the register of commerce. Block 2: State the current approval reference number. Block 3: State the locations for which changes in the terms of approval are requested or state ‘not applicable’ if no change is to be anticipated here. Block 4: This Block should include further details for the variation of the scope of approval for the addresses indicated in Block 3. The Block ‘General’ must include overall information for the change (including TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 263 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 changes e.g. in workforce, facilities etc.), while the Block ‘Scope of approval’ must address the change in the scope of work and products/categories following the principles laid down in the GM 21.A.151. The Block ‘nature of privileges’ must indicate a change in the privileges as defined in 21.A.163(b)-(d). State ‘not applicable’ if no change is anticipated here. Block 5: This Block must state the changes to the organisation as defined in the current production organisation exposition, including changes the organisational structure, functions and responsibilities. This Block must therefore also be used to indicate a change in the accountable manager in accordance with 21.A.145(c)(1) or a change in the nomination of the responsible managers in accordance with 21.A.145(c)(2). A change in the nomination of responsible managers must be accompanied by the corresponding EASA Forms 4. State ‘not applicable’ if no change is anticipated here. Block 6: State the position and name of the accountable manager here. Where there is a change in the nomination of the accountable manager, the information must refer to the nominee for this position. State ‘not applicable’ if no change is anticipated here. In case of an application for a change of the accountable manager the EASA Form 51 must be signed by the new nominee for this position. In all other cases the EASA Form 51 must be signed by the accountable manager. GM 21.B.245 Continued validity 1. GENERAL Decisions on restriction, surrender, suspension or revocation of POA will always be actioned in such a way as to comply with any applicable national laws or regulations relating to appeal rights and the conduct of appeals, unless the decision has been taken by the Agency. In such case, the Agency appeal procedures will apply. 2. RESTRICTION is temporary withdrawal of some of the privileges of a POA under 21.A.163. 3. SURRENDER is a permanent cancellation of a production organisation approval by the competent authority upon formal written request by the accountable manager of the organisation concerned. The organisation effectively relinquishes its rights and privileges granted under the approval and, after cancellation, may not make certifications invoking the approval and must remove all references to the approval from its company documentation. 4. SUSPENSION is temporary withdrawal of all the privileges of a production organisation approval under 21.A.163. The approval remains valid but no certifications invoking the approval may be made while the suspension is in force. Approval privileges may be re-instated when the circumstances causing the suspension are corrected and the organisation once again can demonstrate full compliance with the Requirements. 5. REVOCATION is a permanent and enforced cancellation of the whole of an approval by the competent authority. All rights and privileges of the organisation under the approval are withdrawn and, after revocation, the organisation may not make any certifications or other statements invoking the approval and must remove all references to the approval from its company documentation. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 264 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC 21.B.245 Corrective action plan It is expected that any established POA holder will move quickly to re-establish compliance with Part 21 and not risk the possibility of approval suspension. Therefore, the corrective action period granted by the competent authority must be appropriate to the nature of the finding but in any case initially must not be more than six months. In certain circumstances and subject to the nature of the finding the competent authority can vary the six months period subject to a satisfactory corrective action plan agreed by the competent authority. Failure to comply within time scale agreed by the competent authority means that provisional suspension of the POA in whole or in part must proceed. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 265 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 SUBPART J — DESIGN ORGANISATION APPROVAL AMC1 21.B.220 and 21.B.430 Initial certification procedure VERIFICATION OF COMPLIANCE (a) In order to verify the organisation’s compliance with the applicable requirements, the competent authority should conduct an audit of the organisation, including interviews of the personnel, and inspections carried out at the organisation’s facilities. (b) The competent authority should only conduct such an audit if it is satisfied that the application and supporting documentation are in compliance with the applicable requirements. (c) The audit should focus on the following areas: (1) the detailed management structure, notably its adequacy; (2) the personnel: the adequacy of the number of staff, and of their qualifications and experience with regard to the intended terms of approval and the associated privileges; (3) the processes used for safety risk management and compliance monitoring; (4) the facilities and their adequacy regarding the organisation’s scope of work; and (5) the documentation based on which the approval should be granted. (d) If an application for an approval is refused, the applicant should be informed of the right of appeal that exists under national law.  21.B.430 Initial certification procedure AMC1 21.B.430 and 21.B.431 Initial certification procedure INVESTIGATION TEAM (a) The competent authority should appoint a design organisation investigation team for each applicant for, or each holder of, a design organisation approval. This team is responsible for conducting all the relevant tasks related to the approval. The team should consist of a team leader to manage and lead the approval team and, if needed, one or more team members. The team leader should report to the manager who is responsible for the activities of the competent authority as defined in point 21.B.25(c). (b) The competent authority should perform sufficient investigation activities for an applicant for, or a holder of, a DOA to justify the recommendations for the issuance, maintenance, amendment, suspension or revocation of the approval. (c) The competent authority should prepare procedures for the investigation of a DOA as part of the documented procedures that cover at least the following elements: (1) the evaluation of the applications received; (2) the appointment of the organisation approval team; (3) the preparation and planning of the investigation; TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 266 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (4) the evaluation of the documentation (design organisation handbook, procedures, etc.); (5) the auditing; (6) the follow-up of corrective actions; (7) any recommendation for the issuance, amendment, suspension or revocation of a design organisation approval; and (8) continued surveillance.  21.B.430 Initial certification procedure AMC1 21.B.430(a) Initial certification procedure ORGANISATION APPROVAL TEAM (a) Team leader selection The team leader should satisfy all of the criteria for a team member and will be selected by considering the following additional criteria: (1) the capability to lead and manage a team; (2) the capability to prepare reports and be diplomatic; (3) experience in approval team investigations (not necessarily only Part 21 Section A Subpart J); and (4) relevant knowledge of the design management system. (b) Team member selection The competent authority should determine the size of the team and the specialisations to be covered, taking into account the scope of work and the characteristics of the applicant. Team members should be selected by considering the following criteria: (1) training, which is mandatory, for Part 21 Section A, Subparts A and J, and Section B, Subparts A and J; (2) education and experience, to cover the appropriate aviation knowledge, audit practices and approval procedures; and (3) the ability to verify that an applicant’s organisation conforms to its own procedures, and that its key personnel are competent.  21.B.430 Initial certification procedure AMC1 21.B.430(d)(1) Initial certification procedure ISSUE OF THE CERTIFICATE (a) The competent authority should base its decision to issue or amend a DOA on the recommendation in the DOA investigation report (for an initial investigation) or the significant change report (for significant changes) submitted by the DOA team leader. The report includes a proposal by the DOAT for the terms of approval that define the products, technical scope and privileges for which the approval is to be granted, with appropriate limitations. TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 267 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (b) When the competent authority issues the approval, a final controlled copy of an acceptable handbook for the organisation should be supplied to the competent authority. (c) In some cases, it may be acceptable for some actions to not be fully closed because work is still in progress. The competent authority may decide according to the following principles: (1) The findings should be of level 2 or 3, which do not need to be rectified as a matter of urgency within less than 3 months, and should normally not exceed three in number. (2) A corrective action plan, including timescales, should have been accepted, and should not require an additional specific follow-up audit by the competent authority.  21.B.430 Initial certification procedure AMC1 21.B.431(a), (b) and (c) Oversight principles MANAGEMENT SYSTEM ASSESSMENT As part of the initial certification of an organisation in accordance with point 21.B.430, the competent authority should assess the organisation’s management system and its processes to make sure that all the required enablers of a functioning management system are present and suitable. As part of their continuing oversight, the competent authority should remain satisfied as to the presence of the required enablers, and assess the effectiveness of the organisation’s management system and processes. When significant changes take place in the organisation, the competent authority should decide whether it needs to review the existing assessment to ensure it is still appropriate.  21.B.431 Oversight principles AMC1 21.B.222 and 21.B.432 Oversight programme ANNUAL REVIEW (a) The oversight planning cycle and the related oversight programme for each organisation should be reviewed annually to ensure they remain adequate regarding any changes in the nature, complexity or safety performance of the organisation. (b) When reviewing the oversight programme and the oversight planning cycle, the competent authority should also consider any relevant information collected in accordance with points 21.A.3A and 21.B.215(d) for production organisations, or point 21.B.431(d) for design organisations.  21.B.432 Oversight programme AMC1 21.B.222(b) and 21.B.432(b) Oversight programme SPECIFIC NATURE AND COMPLEXITY OF THE ORGANISATION — RESULTS OF PAST OVERSIGHT When determining the oversight programme, including the relevant sample of design activities under the scope of the organisation as product audits, the competent authority should consider in particular the following elements, as applicable: TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 268 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (a) the effectiveness of the organisation’s management system in identifying and addressing non-compliances and safety hazards; (b) the implementation by the organisation of any industry standards that are directly relevant to the organisation’s activity subject to Part 21; (c) any specific procedures implemented by the organisation that are related to any alternative means of compliance used; (d) the number of locations and the activities performed at each location; (e) the number and type of subcontractors who perform production or design activities as appropriate; and (f) the volume of activity for each product, parts or appliance.  21.B.432 Oversight programme AMC2 21.B.222(b) and 21.B.432(b) Oversight programme SUBCONTRACTED ACTIVITIES If a Part 21 organisation subcontracts some activities, the competent authority should determine whether the Part 21 organisation needs to be audited on how they control particular subcontracted activities and include this in the oversight programme, taking into account the specific nature and complexity of the subcontracted activities, the results of previous oversight activities of the organisation approved according to Subparts G or J, and based on the assessment of the associated risks. For such an audit, the competent authority inspector should ensure that he or she is accompanied throughout the audit by a senior technical member of the Part 21 organisation.  21.B.432 Oversight programme AMC1 21.B.432(b)(1) Oversight programme AUDIT (a) The oversight programme should indicate which aspects of the terms of approval will be covered by each audit. (b) Audits may be complemented by a review of the compliance monitoring results particular to the topics of the audit to determine if the organisation is identifying and correcting its problems. (c) At the conclusion of the audit, the auditing inspector should complete an audit report that identifies the areas and processes that were audited and includes all the findings that were raised.  21.B.432 Oversight programme AMC1 21.B.432(c) Oversight programme OVERSIGHT PLANNING CYCLE AUDIT AND INSPECTION TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 269 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 (a) When determining the oversight planning cycle and defining the oversight programme, the competent authority should assess the risks related to the activity of each organisation, and adapt the oversight to the level of risk identified and to the effectiveness of the organisation’s management system, in particular its ability to effectively manage safety risks. (b) The competent authority should establish a schedule of audits and inspections that is appropriate to each organisation. The planning of audits and inspections should take into account the results of the hazard identification and the risk assessment conducted and maintained by the organisation as part of the organisation’s management system. (c) When the competent authority, having regard to the level of risk identified and the effectiveness of the organisation’s management system, varies the frequency of an audit or inspection, it should ensure that all aspects of the organisation’s activity are audited and inspected within the applicable oversight planning cycle.  21.B.432 Oversight programme AMC2 21.B.222(c) and 21.B.432(c) Oversight programme OVERSIGHT PLANNING CYCLE — AUDIT (a) For each organisation approved by the competent authority, all the processes should be completely audited at periods that do not exceed the applicable oversight planning cycle. The beginning of the first oversight planning cycle is normally determined by the date of issue of the first approval. If the competent authority wishes to align the oversight planning cycle with the calendar year, it should shorten the first oversight planning cycle accordingly. (b) Audits should include at least one on-site audit within each oversight planning cycle. For organisations that exercise their regular activity at more than one site, the determination of the sites to be audited should consider the results of past oversight, the volume of activity at each site, as well as the main risk areas identified. (c) For organisations that hold more than one approval, the competent authority may define an integrated oversight schedule to include all the applicable audit items. In order to avoid any duplication of audits, credit may be granted for any specific audit items already completed during the current oversight planning cycle, subject to the following conditions: (1) the specific audit item should be the same for all the approvals under consideration; (2) there should be satisfactory evidence on record that the specific audit items were carried out and that all corrective actions have been implemented to the satisfaction of the competent authority; (3) the competent authority should be satisfied that there is no evidence that standards have deteriorated in respect of those specific audit items for which credit is granted; and (4) the interval between two audits for the specific item for which credit is granted should not exceed the applicable oversight planning cycle.  21.B.432 Oversight programme TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 270 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC1 21.B.432(d) Oversight programme EXTENSION OF THE OVERSIGHT PLANNING CYCLE BEYOND 24 MONTHS (a) If the during an inspection the competent authority finds a decrease in the safety performance of the organisation, the competent authority should revert to a 24-month (or shorter) oversight planning cycle and review the oversight programme accordingly. (b) In order to be able to apply an oversight planning cycle of up to 36 months, the competent authority should determine the format and contents of the regular reports to be made by the organisation on its safety performance. (c) To enable the competent authority to apply an oversight planning cycle of up to 48 months, the competent authority should establish, implement and maintain a methodology to evaluate the safety performance of the organisation, focusing on the organisation’s ability to effectively identify aviation safety hazards and manage the associated risks.  21.B.432 Oversight programme GM1 21.B.125(b), 21.B.225(b) and 21.B.430(b) Findings and corrective actions OBJECTIVE EVIDENCE Objective evidence is a fact which is, or can be, documented, based on observations, measurements or tests that can be verified. Objective evidence generally comes from the following: (a) documents or manuals; (b) examination of equipment/products; and (c) information from interview questions and observations of organisation activities.  21.B.433 Findings and corrective actions AMC1 21.B.433(d) Findings and corrective actions NOTIFICATION OF FINDINGS In the case of a level 1 finding, confirmation should be obtained in a timely manner that the head of the design organisation has taken note of the finding and its details. A finding requires timely and effective oversight by the competent authority to ensure the completion of the corrective action. This oversight may include intermediate communication, including letters as necessary, to remind the approval holder to verify that the corrective action plan is followed. The competent authority should grant the organisation a corrective action implementation period that is appropriate to the nature of the finding, which should not in any case be more than 21 working days, commencing from the date of the written communication of the finding to the organisation, requesting corrective action to address the non-compliance identified.  21.B.433 Findings and corrective actions TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 271 of 272 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (B) Draft AMC & GM to Part 21 AMC1 21.B.435 Changes to a design organisation approval APPLICATION FOR SIGNIFICANT CHANGES OR VARIATION OF SCOPE AND TERMS OF THE DOA (a) The competent authority should have adequate control over any changes in the personnel specified in points 21.A.245(a) and (b). Such changes in personnel will require an amendment to the handbook. (b) When an organisation submits the name of a new nominee for any of the personnel positions specified in points 21.A.245(a) and (b), the competent authority may require the organisation to produce a written résumé of the proposed person's qualifications. The competent authority should reserve the right to interview the nominee or call for additional evidence of his or her suitability before deciding upon his or her acceptability. (c) For changes that require prior approval, in order to verify the organisation's compliance with the applicable requirements, the competent authority should conduct an audit of the organisation, limited to the extent of the changes, and determine whether the organisation needs to provide a safety risk assessment. (d) If a safety risk assessment is deemed necessary, the competent authority should inform the organisation accordingly. (e) If the competent authority considers that it is necessary to review the safety risk assessment performed by the organisation, it should request the assessment from the organisation and assess its results. (f) If required for verification, the audit may include interviews and inspections carried out at the organisation’s facilities. (g) The competent authority should receive an application for any significant changes or for a change to the terms of approval of the DOA on an EASA Form 82 completed by the applicant.  21.B.435 Changes to a design organisation approval TE.RPRO.00034-009 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 272 of 272 An agency of the European Union European Union Aviation Safety Agency Notice of Proposed Amendment 2019-05 (C) Embodiment of safety management system (SMS) requirements into Part-145 and Part 21 RMT.0251 PHASE II EXECUTIVE SUMMARY With reference to Rulemaking Task (RMT).0251 Phase II in EPAS 2019-2023, this Notice of Proposed Amendment (NPA) proposes amendments to Annex I (Part 21) to Regulation (EU) No 748/2012 and Annex II (Part-145) to Regulation (EU) No 1321/2014, in order to: — introduce safety management principles that implement ICAO Annex 19; and — foster an organisational culture for effective safety management and effective occurrence reporting in accordance with Commission Regulation (EU) No 376/2014. Note 1: Phase I of RMT.0251 was limited to the introduction of safety management requirements into Part- CAMO (see Opinion No 06/2016). Note 2: The review of the occurrence reporting system was governed by RMT.0681, but certain additional changes are proposed through this RMT, in light of the principles of ICAO Annex 19, Chapter 5. This NPA proposes to consider the applicability of safety management systems (SMSs) to Part-145 approved maintenance organisations, as well as to production and design organisations that are approved in accordance with Subparts G and J of Part 21. By doing so, safety will be enhanced through: — the establishment of safety policies and objectives that are associated with sufficient resources; — the systematic identification of hazards, and a risk management system; — the safety assurance system, including giving consideration to safety performance; and — safety promotion. This RMT also aims to streamline the procedures for oversight, and introduce a set of new, common management system requirements for competent authorities to increase their efficiency. NPA 2019-05 is divided into three parts. The present NPA 2019-05 (C) includes the draft implementing rules (IRs) as well the draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) for Part-145. NPA 2019-05 (A) includes: — the procedural information pertaining to the regulatory proposal; — the explanatory note to the proposed amendments; — the regulatory impact assessment; and — a detailed summary of the proposed amendments (see Chapter 7 ‘Appendices’). The draft IRs as well as the draft AMC and GM for Part 21 are proposed in NPA 2019-05 (B). Action area: Systemic enablers to safety — safety management Affected rules: Part-145 and Part 21 Affected stakeholders: AMOs (Part-145); POA holders; DOA holders; ETSOA holders; competent authorities Driver: Safety Rulemaking group: No (but Focused Consultation Group) Impact assessment: Full Rulemaking Procedure: Standard 12.7.2017 17.4.2019 2020/Q1 2020/Q3 2020/Q3 TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 1 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Table of contents Table of contents Table of contents ........................................................................... 2 Draft Cover Regulation (EU) 1321/2014 (Draft EASA opinion) ......... 6 Article 4 Continuing-airworthiness organisation approvals .................................................. 7 Draft Annex II (Part-145) to Reg. (EU) 1321/2014 (Draft EASA opinion) .......................................................................... 8 145.1 General Competent authority ........................................................................ 8 SECTION A — TECHNICAL AND ORGANISATION REQUIREMENTS ..................................... 9 145.A.10 Scope......................................................................................................... 9 145.A.15 Application for an organisation certificate ............................................... 9 145.A.20 Terms of Approval..................................................................................... 9 145.A.30 Personnel requirements ......................................................................... 10 145.A.35 Certifying staff and support staff ............................................................ 13 145.A.36 Records of airworthiness review staff ................................................... 14 145.A.37 Airworthiness review staff ..................................................................... 15 145.A.45 Maintenance data ................................................................................... 15 145.A.47 Production planning................................................................................ 17 145.A.48 Performance of maintenance ................................................................. 17 145.A.50 Certification of maintenance .................................................................. 18 145.A.55 Record-keeping Maintenance and airworthiness review records .......... 18 145.A.60 Occurrence reporting.............................................................................. 21 145.A.65 Safety and quality policy, Maintenance procedures and quality system22 145.A.70 Maintenance organisation exposition (MOE) ......................................... 23 145.A.75 Privileges of the organisation ................................................................. 25 145.A.80 Limitations on the organisation ............................................................. 25 145.A.85 Changes to the organisation ................................................................... 25 145.A.90 Continued validity ................................................................................... 27 145.A.95 Findings ................................................................................................... 27 145.A.120 Means of compliance ........................................................................... 28 145.A.140 Access................................................................................................... 28 145.A.155 Immediate reaction to a safety problem ............................................. 28 145.A.200 Management system ........................................................................... 28 145.A.202 Internal safety reporting scheme ........................................................ 30 145.A.205 Contracting and subcontracting .......................................................... 30 SECTION B — AUTHORITY REQUIREMENTS PROCEDURE FOR COMPETENT AUTHORITIES .......................................................................................................................................... 32 145.B.005 Scope ..................................................................................................... 32 145.B.115 Oversight documentation ..................................................................... 32 145.B.120 Means of compliance ............................................................................ 32 145.B.125 Information to the Agency .................................................................... 33 145.B.135 Immediate reaction to a safety problem .............................................. 33 145.B.200 Management system ............................................................................ 33 145.B.205 Allocation of tasks to qualified entities ................................................ 35 145.B.210 Changes in the management system .................................................... 35 TE.RPRO.00034-008 © European Union Aviation Safety Agency. 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Page 2 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Table of contents 145.B.220 Record-keeping ..................................................................................... 36 145.B.300 Oversight principles .............................................................................. 37 145.B.305 Oversight programme ........................................................................... 38 145.B.310 Initial certification procedure ............................................................... 39 145.B.330 Changes – organisations ....................................................................... 40 145.B.350 Findings and corrective actions ............................................................ 40 145.B.355 Suspension, limitation and revocation ................................................. 42 APPENDICES TO ANNEX II (Part-145)................................................................................ 43 Appendix II — Class and Ratings System used for the Approval of Maintenance Organisations referred to in Annex I (Part-M) Subpart F and Annex II (Part-145) 43 Appendix III — Maintenance Organisation Approval Certificate - EASA Form 3-145 referred to in Annex II (Part-145)........................................................................... 48 Draft AMC/GM to Annex II (Part-145) (Draft EASA decision) ......... 50 GM1 to Annex II (Part-145) Definitions ................................................................................. 50 SECTION A — TECHNICAL AND ORGANISATION REQUIREMENTS ................................... 53 AMC1 145.A.10 Scope ............................................................................................................ 53 GM1 145.A.10 Scope .............................................................................................................. 54 AMC1 145.A.15 Application for an organisation certificate ................................................... 56 AMC2 145.A.15 Application for an organisation certificate .................................................. 56 GM1 145.A.15(b) Application for an organisation certificate ............................................... 56 AMC1 145.A.25(a) Facility requirements ............................................................................... 57 AMC1 145.A.30(a) Personnel requirements .......................................................................... 57 AMC1 145.A.30(b) Personnel requirements .......................................................................... 57 GM1 145.A.30(b) Personnel requirements ........................................................................... 58 AMC1 145.A.30(c) Personnel requirements ........................................................................... 59 AMC1 145.A.30(c);(ca) Personnel requirements ................................................................... 59 GM1 145.A.30(ca) Personnel requirements .......................................................................... 60 AMC1 145.A.30(cc) Personnel requirements ........................................................................ 61 AMC1 145.A.30(d) Personnel requirements .......................................................................... 62 AMC1 145.A.30(e) Personnel requirements .......................................................................... 63 AMC2 145.A.30(e) Personnel requirements .......................................................................... 65 AMC3 145.A.30(e) Personnel requirements .......................................................................... 66 AMC4 145.A.30(e) Personnel requirements .......................................................................... 66 AMC5 145.A.30(e) Personnel requirements ......................................................................... 67 GM1 145.A.30(e) Personnel requirements ............................................................................ 67 GM2 145.A.30(e) Personnel requirements ............................................................................ 70 GM3 145.A.30(e) Personnel requirements ............................................................................ 73 GM4 145.A.30(e) Personnel requirements ........................................................................... 75 GM5 145.A.30(e) Personnel requirements ........................................................................... 75 GM6 145.A.30(e) Personnel requirements ........................................................................... 76 AMC1 145.A.30(f) Personnel requirements ........................................................................... 77 AMC1 145.A.30(h) Personnel requirements .......................................................................... 77 AMC1 145.A.30(j)(4) Personnel requirements ....................................................................... 78 GM 145.A.30(j)(4) Personnel requirements (Flight crew) ..................................................... 79 AMC1 145.A.30(j)(5) Personnel requirements ....................................................................... 80 AMC1 145.A.30(j)(5)(i) Personnel requirements .................................................................... 80 AMC1 145.A.30(j)(5)(ii) Personnel requirements ................................................................... 81 AMC1 145.A.35(a) Certifying staff and support staff ............................................................. 81 AMC1 145.A.35(d) Certifying staff and support staff ............................................................. 82 AMC1 145.A.35(e) Certifying staff and support staff ............................................................. 83 AMC1 145.A.35(f) Certifying staff and support staff .............................................................. 83 AMC1 145.A.45(c) Maintenance data .................................................................................... 84 AMC1 145.A.45(d) Maintenance data .................................................................................... 84 AMC1 145.A.45(e) Maintenance data .................................................................................... 85 AMC1 145.A.47(b) Production planning................................................................................ 85 GM1 AMC 145.A.47(b) Production planning .......................................................................... 86 GM1 145.A.47(d) Production planning ................................................................................. 87 TE.RPRO.00034-008 © European Union Aviation Safety Agency. 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Page 3 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Table of contents AMC1 145.A.48(a) AMC 145.A.80 Limitations on the organisation Performance of maintenance .......................................................................................................................... 87 AMC1 145.A.48(c)(2) AMC1 145.A.48(b) Performance of maintenance ................................ 88 AMC2 145.A.48(c)(2) AMC2 145.A.48(b) Performance of maintenance ................................ 88 AMC3 145.A.48(c)(2) AMC3 145.A.48(b) Performance of maintenance ................................ 88 AMC4 145.A.48(c)(2) AMC4 145.A.48(b) Performance of maintenance ................................ 89 AMC1 145.A.48(c)(3) Performance of maintenance .............................................................. 91 GM1 145.A.48(c)(3) Performance of maintenance ................................................................ 91 GM1 145.A.48(c)(4) GM 145.A.48(d) Performance of maintenance - critical design configuration control limitations (CDCCL) .............................................................................. 91 GM1 AMC 145.A.50(a) Certification of maintenance............................................................. 92 AMC1 145.A.50(b) Certification of maintenance ................................................................... 92 AMC1 145.A.50(e) Certification of maintenance ................................................................... 93 AMC1 145.A.55 Record-keeping ........................................................................................... 93 GM1 145.A.55 Record-keeping ............................................................................................. 94 GM1 145.A.55(a)(1) Record-keeping Maintenance and airworthiness review records ......... 94 AMC1 145.A.55(a)(3) AMC 145.A.55(c) Record-keeping Maintenance and airworthiness review records ....................................................................................................................... 95 AMC1 145.A.55(d) AMC 145.A.35(j) Certifying staff and support staff Record-keeping ........ 95 AMC2 145.A.55(d) AMC 145.A.36 Record-keeping Records of airworthiness review staff ... 96 AMC 145.A.60(b) Occurrence reporting ................................................................................ 96 AMC 145.A.65(a) Safety and quality policy, maintenance procedures and quality system .. 97 AMC1 145.A.65(b) Safety and quality policy, Maintenance procedures and quality system . 97 GM1 145.A.65 Maintenance procedures .............................................................................. 97 GM2 145.A.65(b)(1) Safety and quality policy, Maintenance procedures and quality system ............................................................................................................................................... 98 AMC1 145.A.65(b)(2) Safety and quality policy, Maintenance procedures and quality system ............................................................................................................................................... 98 AMC1 145.A.70(a) Maintenance organisation exposition (MOE) .......................................... 98 GM1 145.A.70(a) Maintenance organisation exposition (MOE) .......................................... 103 AMC1 145.A.70(a)(1) Maintenance organisation exposition (MOE) ................................... 104 AMC1 145.A.75(b) Privileges of the organisation ................................................................ 105 GM1 145.A.75(b) Privileges of the organisation ................................................................. 109 AMC1 145.A.85 Changes to the organisation...................................................................... 109 AMC2 145.A.85 Changes to the organisation...................................................................... 109 GM1 145.A.85 Changes to the organisation ....................................................................... 109 GM1 145.A.85(a)(1) Changes to the organisation ............................................................... 110 GM2 145.A.85(a)(1) Changes to the organisation ............................................................... 110 GM1 145.A.85(b) Changes to the organisation ................................................................... 110 GM1 145.A.85(c) Changes to the organisation ................................................................... 111 AMC1 145.A.95 Findings ..................................................................................................... 111 GM1 145.A.95 Findings ....................................................................................................... 112 AMC1 145.A.120 Means of compliance .............................................................................. 112 GM1 145.A.200 Management system ................................................................................. 112 AMC1 145.A.200(a)(1) Management system ...................................................................... 115 GM1 145.A.200(a)(1) Management system ........................................................................ 116 GM2 145.A.200(a)(1) Management system ........................................................................ 116 AMC1 145.A.200(a)(2) Management system ...................................................................... 117 GM1 145.A.200(a)(2) Management system ........................................................................ 118 AMC1 145.A.200(a)(3) Management system ...................................................................... 118 GM1 145.A.200(a)(3) Management system ........................................................................ 120 GM2 145.A.200(a)(3) Management system ........................................................................ 121 AMC1 145.A.200(a)(4) Management system ...................................................................... 123 GM1 145.A.200(a)(4) Management system ........................................................................ 123 GM1 145.A.200(a)(5) Management system ........................................................................ 124 AMC1 145.A.200(a)(6) Management system ....................................................................... 124 AMC2 145.A.200(a)(6) AMC 145.A.65(c)(1) Management System ...................................... 124 AMC3 145.A.200(a)(6) Management System ...................................................................... 126 AMC4 145.A.200(a)(6) AMC 145.A.65(c)(2) Safety and quality policy, maintenance procedures and quality system Management System ......................................................... 127 GM1 145.A.200(a)(6) Management system ........................................................................ 128 GM2 145.A.200(a)(6) GM 145.A.65(c)(1) Safety and quality policy, maintenance procedures and quality system Management system ............................................................................ 128 TE.RPRO.00034-008 © European Union Aviation Safety Agency. 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Page 4 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Table of contents AMC1 145.A.202 Internal safety reporting scheme ............................................................ 132 GM1 145.A.202 Internal safety reporting scheme .............................................................. 133 GM1 145.A.205 Contracting and subcontracting ................................................................ 133 GM2 145.A.205 Contracting and subcontracting ................................................................ 134 SECTION B — AUTHORITY REQUIREMENTS PROCEDURE FOR COMPETENT AUTHORITIES ........................................................................................................................................ 136 GM1 145.B.120 Means of compliance ................................................................................. 136 AMC1 145.B.120(e) Means of compliance ........................................................................... 136 AMC1 145.B.200 Management system ................................................................................ 136 AMC2 145.B.200 Management system ................................................................................ 137 AMC1 145.B.200(a)(1) Management system ....................................................................... 138 GM1 145.B.200(a)(2) Management system ......................................................................... 138 AMC1 145.B.200(a)(3) Management system ....................................................................... 141 AMC2 145.B.200(a)(3) Management system ....................................................................... 141 AMC3 145.B.200(a)(3) Management system ....................................................................... 142 AMC1 145.B.200(a)(5) Management system ....................................................................... 144 GM1 145.B.200(a)(5) Management system ........................................................................ 145 AMC1 145.B.200(d) Management system ........................................................................... 145 GM1 145.B.205 Allocation of tasks to qualified entities ...................................................... 146 AMC1 145.B.220(a) Record-keeping .................................................................................... 147 AMC1 145.B.220(a)(1) Record-keeping ................................................................................ 147 AMC1 145.B.300(a);(b);(c) Oversight principles ................................................................... 147 AMC1 145.B.300(f) Oversight principles .............................................................................. 148 AMC1 145.B.305(a);(b) Oversight programme .................................................................... 148 AMC1 145.B.305(b) Oversight programme .......................................................................... 149 AMC2 145.B.305(b) Oversight programme .......................................................................... 149 AMC1 145.B.305(b)(1) Oversight programme ..................................................................... 150 AMC1 145.B.305(c) Oversight programme .......................................................................... 150 AMC2 145.B.305(c) Oversight programme .......................................................................... 150 AMC1 145.B.305(d) Oversight programme .......................................................................... 151 AMC1 145.B.310 Initial certification procedure ................................................................... 152 AMC1 145.B.310(a) Initial certification procedure .............................................................. 153 AMC1 145.B.310(c) Initial certification procedure ............................................................... 153 AMC2 145.B.310(c) Initial certification procedure ............................................................... 153 AMC1 145.B.310(d) Initial certification procedure .............................................................. 154 AMC1 145.B.310(e)(2) Initial certification procedure .......................................................... 154 AMC1 145.B.330 Changes .................................................................................................... 154 GM1 145.B.330 Changes ...................................................................................................... 155 GM1 145.B.350(b);(c) Findings and corrective actions ........................................................ 155 AMC1 145.B.355(c) Suspension, limitation and revocation ................................................. 156 APPENDICES TO AMC TO ANNEX II (PART-145).............................................................. 157 Appendix I to AMC 145.B.20(1) EASA Form 4 ..................................................................... 157 Appendix II to AMC2 145.B.310(c) AMC 145.B.20(5) EASA Form 6 ...................................... 158 Appendix III to AMC 145.A.15 EASA Form 2 ......................................................................... 167 Appendix IV to AMC3 145.A.30(e) and AMC2 145.B.200(a)(3) 145.B.10(3) Fuel Ttank Ssafety Ttraining ............................................................................................................................... 168 TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 5 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Proposed amendments to Part-145 The text of the amendment is arranged to show deleted text, new or amended text as shown below: — deleted text is struck through; — new or amended text is highlighted in grey; — an ellipsis ‘[…]’ indicates that the rest of the text is unchanged. Important note: ‘easy-to-read document’ Under each modified requirement (i.e. implementing rules), the blue underlined AMC or GM, when also modified, can be accessed through activation of the associated hyperlinks [Click with the mouse]. In order to return to the previous view (i.e. initial text), please use [Alt + Left arrow]. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 6 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Draft Cover Regulation (EU) No 1321/2014 (Draft EASA opinion) Article 4 Continuing-airworthiness organisation approvals1 […] 9. Limited certifying staff authorisations issued in accordance with 145.A.30(j)(3) or (j)(4) to holders of a flight engineer licence which are valid at the date of entry into force of this Regulation shall remain valid until they expire or they are revoked by the maintenance organisation. 10. Organisations that hold a certificate issued in accordance with Annex II (Part-145) before (insert date of entry into force of the new Regulation) shall adapt their management system, training programmes, procedures and manuals to be compliant with Annex II to this Regulation within two years of its entry into force. […] 1 This amendment is made to the text of Article 4 as proposed through Opinion No 05/2016 (https://www.easa.europa.eu/document-library/opinions/opinion-052016). TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 7 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Draft Annex II (Part-145) to Regulation (EU) No 1321/2014 (Draft EASA opinion) GENERAL [Note: related AMC/GM:  GM1 to Annex II (Part-145) Definitions] 145.1 General Competent authority Regulation (EU) No 1321/2014 For the purpose of this Part, the competent authority shall be: (1). for organisations that haveing their principal place of business in a Member State, the authority designated by that Member State or by another Member State in accordance with Article 64 of Regulation (EU) 2018/1139, or the Agency pursuant to Articles 64 or 65 of Regulation (EU) 2018/1139, or; (2). for organisations that haveing their principal place of business located in a third country, the Agency. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 8 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 SECTION A — TECHNICAL AND ORGANISATION REQUIREMENTS 145.A.10 Scope This Section establishes the requirements to be met by an organisation to qualify for the issue or continuation of a certificate an approval for the maintenance of aircraft and components. [Note: related AMC/GM:  AMC1 145.A.10 Scope  GM1 145.A.10 Scope] 145.A.15 Application for an organisation certificate An application for the issue or change of an approval shall be made to the competent authority in a form and manner established by such authority. (a) An application for a certificate or an amendment to an existing certificate in accordance with this Annex shall be made in a form and manner established by the competent authority, taking into account the applicable requirements of Annex I (Part-M), Annex Vb (Part-ML) and this Annex. (b) Applicants for an initial certificate pursuant to this Annex shall provide the competent authority with: (1) the results of a pre-audit performed by the organisation against the applicable requirements provided for in Annex I (Part-M), Annex Vb (Part-ML) and this Annex; (2) documentation demonstrating how they will comply with the requirements established in this Regulation. That documentation shall include, as provided for in point 145.A.85, a procedure that describes how changes not requiring prior approval will be managed and notified to the competent authority. [Note: related AMC/GM:  AMC1 145.A.15 Application for an organisation certificate  AMC2 145.A.15 Application for an organisation certificate  GM1 145.A.15(b) Application for an organisation certificate  Appendix III to AMC1 145.A.15 EASA Form 2] 145.A.20 Terms of approval (a) The approval is indicated on the certificate, which is included in Appendix III, and is issued by the competent authority. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 9 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (b) The organisation shall specify the scope of work deemed to constitute approval in its maintenance organisation exposition (MOE) (Appendix IV to Annex I (Part-M) Appendix II contains a table of all classes and ratings). 145.A.30 Personnel requirements1 (a) The organisation shall appoint an accountable manager who has corporate authority for ensuring that all maintenance required by the customer can be financed and carried out in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts to the standard required by this Part. The accountable manager shall: (1). ensure that all necessary resources are available to accomplish maintenance in accordance with this Annex, Annex I (Part-M) and Annex Vb (Part-ML), as applicable, with point 145.A.65(b) to support the organisation approval certificate; (2). establish and promote the safety and quality policy specified in point 145.A.200(a) 145.A.65(a); (3). demonstrate a basic understanding of this Regulation Annex (Part-145). (b) The accountable manager organisation shall nominate a person or group of persons, whose with the responsibility ies include for ensuring that the organisation is always in compliance complies with this Annex, Annex I (Part-M) and Annex Vb (Part-ML) Part. Such person(s) shall ultimately be responsible to the accountable manager. 1. The person or persons nominated shall represent the maintenance management structure of the organisation and be responsible for all functions specified in this Part. 2. The person or persons nominated shall be identified and their credentials submitted in a form and manner established by the competent authority. 3. The person or persons nominated shall be able to demonstrate relevant knowledge, background and satisfactory experience related to aircraft or component maintenance and demonstrate a working knowledge of this Part. 4. Procedures shall make clear who deputises for any particular person in the case of lengthy absence of the said person. (c) The accountable manager under point (a) shall appoint nominate a person or group of persons with the responsibility for managing the compliance monitoring function the quality system, including the associated feedback system as part of the management system required by point 145.A.65(c). The appointed person shall have direct access to the accountable manager to ensure that the accountable manager is kept properly informed on quality and compliance matters. (ca) The accountable manager shall nominate a person or group of persons with the responsibility for managing the development, administration, and maintenance of effective safety management processes as part of the management system. 1 This amendment is made to the text of 145.A.30 as proposed through Opinion No 06/2016 (https://www.easa.europa.eu/document-library/opinions/opinion-062016). TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 10 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (cb) The accountable manager shall ensure that the person or group of persons nominated in accordance with points 145.A.30(b), (c) and (ca) have direct access to keep him/her properly informed on compliance and safety matters. (cc) The person or persons nominated in accordance with points 145.A.30(b), (c) and (ca) shall be able to demonstrate relevant knowledge, background and satisfactory experience related to aircraft or component maintenance and demonstrate a working knowledge of this Regulation. Such person(s) shall be ultimately responsible to the accountable manager. (d) The organisation shall have a maintenance man-hour plan showing to ensure that the organisation has sufficient staff to plan, perform, supervise, inspect and quality monitor the organisation’s activities in accordance with the terms of approval. In addition, the organisation shall have a procedure to reassess work intended to be carried out when actual staff availability is less than the planned staffing level for any particular work shift or period. (e) The organisation shall establish and control the competence competency of personnel involved in any maintenance, development of maintenance programmes, airworthiness reviews, safety management and/or quality audits compliance monitoring in accordance with a procedure and to a standard agreed by the competent authority. In addition to the necessary expertise related to the job function, the competence competency of the personnel must include an understanding of the application of safety management principles, as well as human factors and human performance issues that are appropriate to that person's function and responsibilities in the organisation. ‘Human factors’ means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration of human performance. ‘Human performance’ means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations. […] (j) By derogation to points (g) and (h), in relation to the obligation to comply with Annex III (Part-66), the organisation may use certifying staff who are qualified in accordance with the following provisions: (1). For an organisation whose facilities are located outside the Community territory, the certifying staff may be qualified in accordance with the national aviation regulations of the State in which the organisation facility is registered, subject to the conditions specified in Appendix IV to this Part. (2). For line maintenance carried out at a line station of an organisation which is located outside the Community territory, the certifying staff may be qualified in accordance with the national aviation regulations of the State in which the line station is based, subject to the conditions specified in Appendix IV to this Part. (3). For a repetitive pre-flight airworthiness directive which specifically states that the flight crew may carry out such airworthiness directive, the organisation may issue a limited certification authorisation to the aircraft commander and/or the flight engineer on the basis of the flight crew licence held. However, the organisation shall ensure that sufficient practical training has been carried out to ensure that such the aircraft TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 11 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 commander or flight engineer can accomplish the airworthiness directive to the required standard. (4). In the case of aircraft operating away from a supported location, the organisation may issue a limited certification authorisation to the commander and/or the flight engineer on the basis of the flight crew licence held, subject to being satisfied that sufficient practical training has been carried out to ensure that the commander or flight engineer can accomplish the specified task to the required standard. The provisions of this point shall be detailed in an exposition procedure. (5). In the following unforeseen cases, where an aircraft is grounded at a location other than the main base where no appropriate certifying staff are available, the organisation contracted to provide maintenance support may issue a one-off certification authorisation: (i) to one of its employees that holdsing equivalent type authorisations on aircraft of similar technology, construction and systems; or (ii) to any person with not less than five 5 years maintenance experience and who holdsing a valid ICAO aircraft maintenance licence rated for the aircraft type requiring certification, provided that there is no organisation appropriately approved under this Part at that location, and the contracted organisation obtains and holds on file evidence of the experience and the licence of that person. All such cases as specified in this point must be reported to the competent authority within seven 7 days after issuing such a certification authorisation. The organisation that issuesing the one-off authorisation shall ensure that any such maintenance that could affect flight safety is re-checked by an appropriately approved organisation. (k) If the organisation performs airworthiness reviews and issues the corresponding airworthiness review certificate for ELA1 aircraft not involved in commercial operations in accordance with point ML.A.903 of Annex Vb (Part-ML), it shall have airworthiness review staff who are qualified and authorised in accordance with point 145.A.37 point ML.A.904 of Annex Vb (Part- ML). [Note: related AMC/GM:  AMC1 145.A.30(a) Personnel requirements  AMC1 145.A.30(b) Personnel requirements  GM1 145.A.30(b) Personnel requirements  AMC1 145.A.30(c) Personnel requirements  AMC1 145.A.30(c);(ca) Personnel requirements  GM1 145.A.30(ca) Personnel requirements  AMC1 145.A.30(cc) Personnel requirements  AMC1 145.A.30(d) Personnel requirements TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 12 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  AMC1 145.A.30(e) Personnel requirements  AMC2 145.A.30(e) Personnel requirements  AMC3 145.A.30(e) Personnel requirements  AMC4 145.A.30(e) Personnel requirements  AMC5 145.A.30(e) Personnel requirements  GM1 145.A.30(e) Personnel requirements  GM2 145.A.30(e) Personnel requirements  GM3 145.A.30(e) Personnel requirements  GM4 145.A.30(e) Personnel requirements  GM5 145.A.30(e) Personnel requirements  GM6 145.A.30(e) Personnel requirements  AMC1 145.A.30(f) Personnel requirements  AMC1 145.A.30(h) Personnel requirements  AMC1 145.A.30(j)(4) Personnel requirements  GM 145.A.30(j)(4) Personnel requirements (Flight crew)  AMC1 145.A.30(j)(5) Personnel requirements  AMC1 145.A.30(j)(5)(i) Personnel requirements  AMC1 145.A.30(j)(5)(ii) Personnel requirements  Appendix IV to AMC3 145.A.30(e) and AMC2 145.B.200(a)(3) 145.B.10(3) Fuel Ttank Ssafety Ttraining] 145.A.35 Certifying staff and support staff […] (d) The organisation shall ensure that all certifying staff and support staff receive sufficient continuation recurrent training in each two-year 2-year period to ensure that such staff have up-to-date knowledge of relevant technology, organisation procedures and safety management, as well as human factor issues. (e) The organisation shall establish a programme for continuation recurrent training for certifying staff and support staff, including a procedure to ensure compliance with the relevant points of 145.A.35 as the basis for issuing certification authorisations under this Part to certifying staff, and a procedure to ensure compliance with Annex III (Part-66). (f) Except where any of the unforeseen cases of point 145.A.30(j)(5) apply, the organisation shall assess all prospective certifying staff for their competence competency, qualification and capability to carry out their intended certifying duties in accordance with a procedure as TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 13 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 specified in the exposition prior to the issue or re-issue of a certification authorisation under this Part. […] (i) The person responsible for the quality system compliance monitoring shall also remain responsible on behalf of the organisation for issuing certification authorisations to certifying staff. Such That person may nominate other persons to actually issue or revoke the certification authorisations in accordance with a procedure as specified in the exposition. (j) (Reserved) The organisation shall maintain a record of all certifying staff and support staff, which shall contain: 1. the details of any aircraft maintenance licence held under Annex III (Part-66); and 2. all relevant training completed; and 3. the scope of the certification authorisations issued, where relevant; and 4. particulars of staff with limited or one-off certification authorisations. The organisation shall retain the record for at least three years after the staff referred to in this point have ceased employment with the organisation or as soon as the authorisation has been withdrawn. In addition, upon request, the maintenance organisation shall furnish the staff referred to in this point with a copy of their personal record on leaving the organisation. The staff referred to in this point shall be given access on request to their personal records as detailed above. […] [Note: related AMC/GM:  AMC1 145.A.35(a) Certifying staff and support staff  AMC1 145.A.35(d) Certifying staff and support staff  AMC1 145.A.35(e) Certifying staff and support staff  AMC1 145.A.35(f) Certifying staff and support staff] 145.A.36 Records of airworthiness review staff The organisation shall record all details concerning the airworthiness review staff and maintain a current list of all the airworthiness review staff together with their scope of approval as part of the organisation's exposition pursuant to point 145.A.70(a)6. The organisation shall retain the record for at least three years after the staff referred to in this point have ceased employment (or engagement as a contractor or volunteer) with the organisation or as soon as the authorisation has been withdrawn. In addition, upon request, the maintenance organisation shall provide the staff referred to in this point with a copy of their personal record on leaving the organisation. The staff referred to in this point shall be given access on request to their personal records. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 14 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 145.A.37 Airworthiness review staff (a) In order to be approved to carry out airworthiness reviews, a Part-145 organisation shall have appropriate airworthiness review staff who comply with all of the following requirements: (1) they have acquired experience in continuing airworthiness of at least 1 year for sailplanes and balloons and of at least 3 years for all other aircraft; (2) they hold an appropriate licence issued in accordance with Annex III (Part-66) or a nationally recognised maintenance personnel qualification appropriate to the aircraft category (when Article 5(6) refers to national rules) or an aeronautical degree or equivalent, or they have acquired experience in continuing airworthiness in addition to that referred to in point (1) of at least 2 years for sailplanes and balloons and at least 4 years for all other aircraft; (3) they have acquired appropriate aeronautical-maintenance training. (b) Before the organisation issues an airworthiness review authorisation, the organisation shall nominate the person who will perform an airworthiness review of an aircraft under supervision of the competent authority or already authorised airworthiness review staff of the organisation. If this supervision is satisfactory, the competent authority shall formally accept that person to become airworthiness review staff. (c) The Part-145 organisation shall ensure that the airworthiness review staff can demonstrate appropriate recent continuing airworthiness experience. 145.A.45 Maintenance data (a) The organisation shall hold and use applicable current maintenance data in the performance of maintenance, including modifications and repairs. ‘Applicable’ means relevant to any aircraft, component or process specified in the organisation's terms of approval approval class rating schedule and in any associated capability list. In the case of maintenance data provided by an operator or customer, the organisation shall hold such data when the work is in progress, with the exception of the need to comply with point 145.A.55(c) 145.A.55(a)(3). (b) For the purposes of this Part, applicable maintenance data shall be any of the following: (1). Any applicable requirement, procedure, operational directive or information issued by the authority responsible for the oversight of the aircraft or component; (2). Any applicable airworthiness directive issued by the authority responsible for the oversight of the aircraft or component; (3). Instructions for continuing airworthiness, issued by type certificate holders, supplementary type certificate holders, any other organisation required to publish such data by Annex I (Part- 21) to Regulation (EU) No 748/2012, and in the case of aircraft or components from third countries, the airworthiness data mandated by the authority responsible for the oversight of the aircraft or component; TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 15 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (4). Any applicable standard, such as but not limited to, maintenance standard practices recognised by the Agency as a good standards for maintenance; (5). Any applicable data issued in accordance with point (d). (c) The organisation shall establish procedures to ensure that if found, any inaccurate, incomplete or ambiguous procedure, practice, information or maintenance instruction contained in the maintenance data used by maintenance personnel is found, it is recorded as part of the internal safety reporting scheme referred to in point 145.A.202, and notified to the author of the maintenance data. (d) The organisation may only modify maintenance instructions in accordance with a procedure that is specified in the maintenance organisation's exposition. With respect to those changes, the organisation shall demonstrate that they result in equivalent or improved maintenance standards, and shall inform the type-certificate holder of any such changes. Maintenance instructions for the purposes of this point means instructions on how to carry out the particular maintenance task: they exclude the engineering design of repairs and modifications. (e) The organisation shall provide a common work card or worksheet system to be used throughout the relevant parts of the organisation. In addition, the organisation shall either accurately transcribe accurately the maintenance data contained in points (b) and (d) onto such work cards or worksheets, or make precise reference to the particular maintenance task or tasks contained in such that maintenance data. Work cards and worksheets may be computer-generated and held on an electronic database that is subject to both adequate safeguards against unauthorised alteration, and for which there is a back-up electronic database, which shall be updated within 24 hours of any entry made to the main electronic database. Complex maintenance tasks shall be transcribed onto the work cards or worksheets and subdivided into clear stages to ensure that there is a record of the accomplishment of the complete maintenance task. The procedures under this point shall take into account human factors and human performance limitations. Where the organisation provides a maintenance service to an aircraft operator who requires their work cards or worksheet system to be used, then such those work cards or that worksheet system may be used. In this case, the organisation shall establish a procedure to ensure correct completion of that the aircraft operator’s' work cards or worksheets are correctly completed. (f) The organisation shall ensure that all applicable maintenance data is readily available for use when required by maintenance personnel. (g) The organisation shall establish a procedure to ensure that maintenance data it controls is kept up to date. In the case of operator/customer-controlled and provided maintenance data, the organisation shall be able to show that either it either has written confirmation from the operator/customer that all such maintenance data is up to date, or that it has work orders that specifying the amendment status of the maintenance data to be used, or that it can show that it is on the operator/customer maintenance data amendment list. [Note: related AMC/GM:  AMC1 145.A.45(c) Maintenance data TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 16 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  AMC1 145.A.45(d) Maintenance data  AMC1 145.A.45(e) Maintenance data] 145.A.47 Production planning (a) The organisation shall have a system appropriate to the amount and complexity of work to plan the availability of all necessary personnel, tools, equipment, material, maintenance data and facilities in order to ensure the safe completion of the maintenance work. (b) As part of the management system, The the planning of maintenance tasks, and the organising of shifts, shall take into account human performance limitations, including the risk of fatigue for maintenance personnel. (c) When it is required to hand over the continuation or completion of maintenance tasks for reasons of a shift or personnel changeover, relevant information shall be adequately communicated between the outgoing and the incoming personnel. (d) The organisation shall ensure that any aviation safety hazards associated with external working teams carrying out maintenance at the organisation’s facility are considered by the organisation’s management system. [Note: related AMC/GM:  AMC1 145.A.47(b) Production planning  GM1 AMC 145.A.47(b) Production planning  GM1 145.A.47(d) Production planning] 145.A.48 Performance of maintenance (a) The organisation shall only carry out maintenance on an aircraft or component for which it is approved when all the necessary facilities, equipment, tooling, material, maintenance data and personnel are available. (b) The organisation shall be responsible for the maintenance that is performed under its approval. (c) The organisation shall establish procedures to ensure that: (1)(a) after the completion of the maintenance, a general verification is carried out to ensure that the aircraft or component is clear of all tools, equipment and any extraneous parts or material, and that all access panels that were removed have been refitted; (2)(b) an error-capturing method is implemented after the performance of any critical maintenance task; (3)(c) the risk of multiple errors during maintenance and the risk of errors being repeated in identical maintenance tasks are minimised; and, TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 17 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (4)(d) damage is assessed, and modifications and repairs are carried out using the data specified in point M.A.304. Any hazards identified in relation to these tasks shall be addressed in accordance with the organisation’s safety risk management procedures required by point 145.A.200(a)(3). [Note: related AMC/GM:  AMC1 145.A.48(a) AMC 145.A.80 Limitations on the organisation Performance of maintenance  AMC1 145.A.48(c)(2) AMC1 145.A.48(b) Performance of maintenance  AMC2 145.A.48(c)(2) AMC2 145.A.48(b) Performance of maintenance  AMC3 145.A.48(c)(2) AMC3 145.A.48(b) Performance of maintenance  AMC4 145.A.48(c)(2) AMC4 145.A.48(b) Performance of maintenance  AMC1 145.A.48(c)(3) Performance of maintenance  GM1 145.A.48(c)(3) Performance of maintenance  GM1 145.A.48(c)(4) GM 145.A.48(d) Performance of maintenance - critical design configuration control limitations (CDCCL)] 145.A.50 Certification of maintenance (a) A certificate of release to service shall be issued by appropriately authorised certifying staff on behalf of the organisation when it has been verified that all the maintenance that was ordered has been properly carried out by the organisation in accordance with the procedures specified in point 145.A.70, taking into account the availability and use of the maintenance data specified in point 145.A.45, and that there are no known non-compliances which are known to endanger flight safety. […] [Note: related AMC/GM:  GM1 AMC 145.A.50(a) Certification of maintenance  AMC1 145.A.50(b) Certification of maintenance  AMC1 145.A.50(e) Certification of maintenance] 145.A.55 Record-keeping1 Maintenance and airworthiness review records (a) Maintenance records (1)(a) The organisation shall record all the details of any maintenance work that is carried out. As a minimum, the organisation shall retain all the records that are necessary to prove 1 This amendment is made to the text of 145.A.55 as proposed through Opinion No 13/2016 (https://www.easa.europa.eu/document-library/opinions/opinion-132016). TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 18 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 that all the requirements have been met for the issue of the certificate of release to service, including the subcontractor's release documents and for the issue of any airworthiness review certificate and recommendation. (2)(b) The organisation shall provide a copy of each certificate of release to service to the aircraft owner/operator, together with a copiesy of any detailed maintenance records that are associated with the work carried out and that are necessary to demonstrate compliance with point M.A.305. (3)(c) The organisation shall retain a copy of all detailed maintenance records (including certificates of release to service) and any associated maintenance data for three 3 years from the date when the aircraft or component to which the work relates was released from the organisation. In addition, it shall retain a copy of all the records related to the issue of airworthiness review certificates and recommendations for three years from the date of issue and shall provide a copy of them to the owner of the aircraft. 1. The records under this point shall be stored in a manner that ensures protection from damage, alteration and theft. 2. Computer backup discs, tapes etc. shall be stored in a different location from that containing the working discs, tapes etc., in an environment that ensures they remain in good condition. (4)3. Where If an organisation approved under this Annex (Part-145) terminates its operation, all the retained maintenance records covering the last three 3 years shall be transferred distributed to the last owner or customer of the respective aircraft or component, or shall be stored as in the manner specified by the competent authority. (b) Airworthiness review records (1) If an organisation has the privilege referred to in point 145.A.75(f), it shall retain a copy of each airworthiness review certificate that it has issued, together with all the supporting documents, and shall make these records available, upon request, to the owner of the aircraft. (2) The organisation shall retain a copy of all the records referred to in point (b)(1) for 3 years after the issue of the airworthiness review certificate. (3) If an organisation terminates its operation, all the retained airworthiness review records covering the last 3 years shall be transferred to the last owner or customer of the respective aircraft, or shall be stored in the manner specified by the competent authority. (c) Management system, contracting and subcontracting records (1) The organisation shall ensure that the following records are retained: (i) records of management system key processes as defined in point 145.A.200; (ii) contracts, both for contracting and subcontracting, as defined in point 145.A.205; TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 19 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (2) Management system records, as well as any contracts pursuant to point 145.A.205, shall be kept for a minimum period of 5 years. (d) Personnel records (1) The organisation shall ensure that the following records are retained: (i) records of the qualifications and the experience of the personnel involved in maintenance, compliance monitoring and safety management; (ii) records of the qualifications and the experience of all the airworthiness review staff. (2) The records of all the airworthiness review staff shall include details of any appropriate qualifications held, together with a summary of their relevant continuing airworthiness experience and training, and a copy of the authorisation. (3) The records of all the certifying staff and support staff shall contain the following: (i) the details of any aircraft maintenance licence held under Annex III (Part-66) or equivalent; (ii) all the relevant training that they completed; (iii) the scope of the certification authorisations that were issued, where relevant; (iv) the particulars of the staff that held limited or one-off certification authorisations. (4) Personnel records shall be kept as long as a person works for the organisation, and shall be retained until 3 years after the person has left the organisation, or after an authorisation has been withdrawn. (5) The staff referred to in (d)(2) and (d)(3) shall upon request be given access to their personnel records as detailed above. In addition, upon request, the maintenance organisation shall furnish each of them with a copy of their personnel records on leaving the organisation. (e) The organisation shall establish a system of record-keeping that allows adequate storage and reliable traceability of all the activities developed. (f) The format of the records shall be specified in the organisation’s procedures. (g) Records shall be stored in a manner that ensures that they are protected from damage, alteration and theft. [Note: related AMC/GM:  AMC1 145.A.55 Record-keeping  GM1 145.A.55 Record-keeping  GM1 145.A.55(a)(1) Record-keeping Maintenance and airworthiness review records  AMC1 145.A.55(a)(3) AMC 145.A.55(c) Record-keeping Maintenance and airworthiness review records TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 20 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  AMC1 145.A.55(d) AMC 145.A.35(j) Certifying staff and support staff Record-keeping  AMC2 145.A.55(d) AMC 145.A.36 Record-keeping Records of airworthiness review staff] 145.A.60 Occurrence reporting (a) As part of its management system, the organisation shall implement an occurrence reporting system that meets the requirements as defined in Regulation (EU) No 376/2014(1) and Implementing Regulation (EU) 2015/1018(2). The organisation shall report to the competent authority, the state of registry and the organisation responsible for the design of the aircraft or component any condition of the aircraft or component identified by the organisation that has resulted or may result in an unsafe condition that hazards seriously the flight safety. (b) Without prejudice to point (a), the organisation shall ensure that any incident, malfunction, technical defect, exceeding of technical limitations, occurrence that would highlight inaccurate, incomplete or ambiguous information contained in data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012 or other irregular circumstance that has or may have endangered the safe operation of the aircraft and that has not resulted in an accident or serious incident are reported to the competent authority and to the organisation responsible for the design of the aircraft. The organisation shall establish an internal occurrence reporting system as detailed in the exposition to enable the collection and evaluation of such reports, including the assessment and extraction of those occurrences to be reported under point (a). This procedure shall identify adverse trends, corrective actions taken or to be taken by the organisation to address deficiencies and include evaluation of all known relevant information relating to such occurrences and a method to circulate the information as necessary. (c) Without prejudice to Regulation (EU) No 376/2014 and Implementing Regulation (EU) 2015/1018, the reports referred to in points (a) and (b) shall be made The organisation shall make such reports in a form and manner established by the competent authority and shall Agency and ensure that they contain all pertinent information about the condition and evaluation results known to the organisation. (d) Where If the organisation is contracted by a commercial operator to carry out maintenance, the organisation shall also report to the operator any such condition that affectsing the operator's aircraft or component. (e) The organisation shall produce and submit such reports Reports shall be made as soon as practicable possible, but in any case within 72 hours of the organisation identifying the condition to which the report relates, unless exceptional circumstances prevent this. (1) Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18) (https://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1550059605071&uri=CELEX:32014R0376). (2) Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L163, 30,06,2015, p. 1). (https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1550744323518&uri=CELEX:32015R1018) TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 21 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (f) Where relevant, the organisation shall produce a follow-up report to provide details of the actions it intends to take to prevent similar occurrences in the future, as soon as these actions have been identified. This report shall be produced in a form and manner established by the competent authority. [Note: related AMC/GM:  AMC 145.A.60(b) Occurrence reporting] 145.A.65 Safety and quality policy, Maintenance procedures and quality system (a) The organisation shall establish a safety and quality policy for the organisation to be included in the exposition under point 145.A.70. (b) The organisation shall establish procedures agreed by the competent authority, which ensure that taking into account human factors, and human performance to ensure and good maintenance practices are taken into account during maintenance, including all contracted and subcontracted activities, and which comply with the requirements of this Annex compliance with the applicable requirements established in 145.A.25 to 145.A.95. The maintenance procedures established under this point shall: (1). ensure that a clear work order or contract has been agreed between the organisation and the organisation requesting maintenance to clearly establish the maintenance to be carried out so that the aircraft and components may be released to service in accordance with point 145.A.50; and, (2). cover all aspects of carrying out the maintenance, including the provision and control of specialised services, and lay down the standards to which the organisation intends to work. (c) The organisation shall establish a quality system that includes the following: 1. Independent audits in order to monitor compliance with required aircraft/aircraft component standards and adequacy of the procedures to ensure that such procedures invoke good maintenance practices and airworthy aircraft/aircraft components. In the smallest organisations the independent audit part of the quality system may be contracted to another organisation approved under this Part or a person with appropriate technical knowledge and proven satisfactory audit experience; and 2. A quality feedback reporting system to the person or group of persons specified in point 145.A.30(b) and ultimately to the accountable manager that ensures proper and timely corrective action is taken in response to reports resulting from the independent audits established to meet point (1). [Note: related AMC/GM:  AMC 145.A.65(a) Safety and quality policy, maintenance procedures and quality system  AMC1 145.A.65(b) Safety and quality policy, Maintenance procedures and quality system TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 22 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  GM1 145.A.65 Maintenance procedures  GM2 145.A.65(b)(1) Safety and quality policy, Maintenance procedures and quality system  AMC1 145.A.65(b)(2) Safety and quality policy, Maintenance procedures and quality system] 145.A.70 Maintenance organisation exposition (MOE) (a) ‘Maintenance organisation exposition’ means the document or documents that contain the material specifying the scope of work deemed to constitute approval and showing how the organisation intends to comply with this Annex (Part-145). The organisation shall provide the competent authority with establish a maintenance organisation exposition (MOE) that, containing the following information:  specifies the scope of work and shows how the organisation intends to comply with this Annex; and  provides all the necessary instructions, information and procedures for the personnel of the organisation to perform their duties. It shall contain directly, or by reference, all of the following information: (1). A statement signed by the accountable manager confirming that the maintenance organisation will at all times work in accordance exposition and any referenced associated manuals define the organisation's compliance with this Annex (Part-145), Annex I (Part-M) and Annex Vb (Part-ML), as applicable, and will be complied with the approved MOE at all times. When If the accountable manager is not the chief executive officer of the organisation, then such the chief executive officer shall countersign the statement; (2). the organisation's safety and quality policy and the related safety objectives as specified by point 145.A.200(a)(2) 145.A.65; (3). the title(s) and name(s) of the persons nominated under point 145.A.30(b), (c) and (ca); (4). the duties and responsibilities of the persons nominated under point 145.A.30(b), (c) and (ca), including the matters on which they may deal directly with the competent authority on behalf of the organisation; (5). an organisation chart showing the associated chains of accountability and responsibility between all the persons referred to in nominated under points 145.A.30(b), (c), (ca), (h) and (k), and related to point 145.A.200(a)(1); (6). a list of the certifying staff, support staff and, if applicable, the airworthiness review staff and staff responsible for the development and processing of the maintenance programme, with their scopes of approval; (7). a general description of the manpower resources and of the system that is in place to plan the availability of staff, as required by point 145.A.30(d); (8). a general description of the facilities located at each address specified in the organisation's approval certificate; TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 23 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (9). a specification of the scope of work of the organisation's that is scope of work relevant to the extent terms of approval; (10). the notification procedure of point 145.A.85 for organisation changes; the procedure that defines the scope of changes not requiring prior approval, and that describes how such changes will be managed and notified, as required by points 145.A.15(b) and 145.A.85(c); (11). the procedure for amending the maintenance organisation exposition MOE amendment procedure; (12). the procedures and quality management system documentation established by the organisation under points 145.A.25 to 145.A.205 145.A.90, and any additional procedure that is followed in accordance with Annex I (Part-M) or Annex Vb (Part-ML); (13). a list of all the commercial operators, where applicable, to which the organisation provides an aircraft maintenance service, and the associated procedures; (14). a list of all the subcontracted organisations, where applicable, as specified in point 145.A.75(b); (15). a list of all the approved locations, including line stations, where applicable, as specified in point 145.A.75(d); (16). a list of all the contracted organisations, where applicable;. (17) a list of the currently approved alternative means of compliance. (b) The initial issue of the MOE shall be approved by the competent authority. The exposition It shall be amended as necessary so that it to remains an up-to-date description of the organisation. The exposition and any subsequent amendment shall be approved by the competent authority. (c) Amendments to the MOE shall be managed as defined in the procedures referred to in points (10) and (11). Any amendments that are not included in the scope of the procedure referred to in point (10), as well as any amendments related to the changes listed in point 145.A.85(a), shall be approved by the competent authority. Notwithstanding point (b) minor amendments to the exposition may be approved through an exposition procedure (hereinafter called indirect approval). [Note: related AMC/GM:  AMC1 145.A.70(a) Maintenance organisation exposition (MOE)  GM1 145.A.70(a) Maintenance organisation exposition (MOE)  AMC1 145.A.70(a)(1) Maintenance organisation exposition (MOE)] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 24 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 145.A.75 Privileges of the organisation1 In accordance with the MOE exposition, the organisation shall be entitled to carry out the following tasks: (a) Maintain any aircraft and/or component for which it is approved at the locations identified in the approval certificate and in the MOE exposition; (b) Arrange for the maintenance of any aircraft or component for which it is approved at another subcontracted organisation that is working under the quality management system of the organisation. This refers to work being carried out by an organisation not itself appropriately approved to carry out such maintenance under this Part and is limited to the work scope permitted under the procedures laid down in point 145.A.65(b). This work scope and it shall not include a base maintenance check of an aircraft, or a complete workshop maintenance check or overhaul of an engine or an engine module; […] (f) If specifically approved to do so for aircraft covered by Annex Vb (Part-ML) ELA1 aircraft not involved in commercial operations, and if it has its principal place of business in one of the Member States, it shall perform airworthiness reviews and issue the corresponding airworthiness review certificate under the conditions specified in point ML.A.903 of Annex Vb (Part-ML) to this Regulation. [Note: related AMC/GM:  AMC1 145.A.75(b) Privileges of the organisation  GM1 145.A.75(b) Privileges of the organisation] 145.A.80 Limitations on the organisation The organisation shall only maintain an aircraft or component for which it is approved when all the necessary facilities, equipment, tooling, material, maintenance data and certifying staff are available. 145.A.85 Changes to the organisation (a) The following changes to the organisation shall require prior approval: (1) changes that affect the scope of the certificate or the terms of approval of the organisation; (2) changes to the personnel nominated in accordance with points 145.A.30(b), (c) and (ca); (3) changes to the reporting lines between the personnel nominated in accordance with points 145.A.30(b), (c) and (ca), and the accountable manager; (4) the procedure as regards changes not requiring prior approval referred to in point (c); 1 This amendment is made to the text of 145.A.75 as proposed through Opinion No 06/2016 (https://www.easa.europa.eu/document-library/opinions/opinion-062016). TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 25 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (5) additional locations of the organisation other than those that are subject to point 145.A.75(c). (b) For all changes requiring prior approval in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts, the organisation shall apply for and obtain an approval issued by the competent authority. The application shall be submitted before any such change takes place, in order to enable the competent authority to determine that there is continued compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts, and to amend, if necessary, the organisation certificate and the related terms of approval that are attached to it. The organisation shall provide the competent authority with any relevant documentation. The change shall only be implemented upon the receipt of a formal approval from the competent authority in accordance with point 145.B.330. The organisation shall operate under the conditions prescribed by the competent authority during such changes, as applicable. (c) All changes not requiring prior approval shall be managed and notified to the competent authority as defined in the procedure referred to in point 145.A.15(b), which is approved by the competent authority in accordance with point 145.B.310(h). The organisation shall notify the competent authority of any proposal to carry out any of the following changes before such changes take place to enable the competent authority to determine continued compliance with this Part and to amend, if necessary, the approval certificate, except that in the case of proposed changes in personnel not known to the management beforehand, these changes must be notified at the earliest opportunity: 1. the name of the organisation; 2. the main location of the organisation; 3. additional locations of the organisation; 4. the accountable manager; 5. any of the persons nominated under point 145.A.30(b); 6. the facilities, equipment, tools, material, procedures, work scope, certifying staff and airworthiness review staff that could affect the approval. [Note: related AMC/GM:  AMC1 145.A.85 Changes to the organisation  AMC2 145.A.85 Changes to the organisation  GM1 145.A.85 Changes to the organisation  GM1 145.A.85(a)(1) Changes to the organisation  GM2 145.A.85(a)(1) Changes to the organisation  GM1 145.A.85(b) Changes to the organisation  GM1 145.A.85(c) Changes to the organisation] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 26 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 145.A.90 Continued validity (a) An approval shall be issued for an unlimited duration. It The organisation’s certificate shall remain valid, subject to compliance with all of the following conditions: 1. the organisation remaining in compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts Annex II (Part-145), in accordance with, taking into account the provisions related to the handling of findings as specified under point 145.B.350 145.B.50; and 2. the competent authority being granted access to the organisation as specified in point 145.A.140 to determine continued compliance with this Part; and 3. the certificate not being surrendered or revoked. (b) Upon surrender or revocation, the certificate approval shall be returned to the competent authority without delay. 145.A.95 Findings (a) After the receipt of a notification of findings according to point 145.B.350, the organisation shall: (1) identify the root cause or causes of, and contributing factors to, the non-compliance; (2) define a corrective action plan; (3) demonstrate the implementation of corrective action to the satisfaction of the competent authority. (b) The actions referred to in points (a)(1), (a)(2) and (a)(3) shall be performed within the period agreed with that competent authority as defined in point 145.B.350. (a) A level 1 finding is any significant non-compliance with requirements laid down in this Annex (Part-145) which lowers the safety standard and hazards seriously the flight safety. (b) A level 2 finding is any non-compliance with requirements laid down in this Annex (Part-145) which could lower the safety standard and possibly hazard the flight safety. (c) After receipt of notification of findings according to point 145.B.50, the holder of the maintenance organisation approval shall define a corrective action plan and demonstrate corrective action to the satisfaction of the competent authority within a period agreed with this authority. [Note: related AMC/GM:  AMC1 145.A.95 Findings  GM1 145.A.95 Findings] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 27 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 145.A.120 Means of compliance (a) Alternative means of compliance to the AMC adopted by the Agency may be used by an organisation to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. (b) If an organisation wishes to use an alternative means of compliance, it shall, prior to using it, provide the competent authority with a full description of the alternative means of compliance. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment that demonstrates compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. The organisation may use these alternative means of compliance subject to receiving a prior approval from the competent authority, and upon receipt of the notification as provided for in point 145.B.120. [Note: related AMC/GM:  AMC1 145.A.120 Means of compliance] 145.A.140 Access For the purpose of determining compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, the organisation shall grant access at any time to any facility, aircraft, document, records, data, procedures or any other material relevant to its activity subject to certification, whether it is contracted/subcontracted or not, to any person authorised by one of the following authorities: (a) the competent authority defined in point 145.1; (b) the authority acting under the provisions of point 145.B.300(d) or 145.B.300(e). 145.A.155 Immediate reaction to a safety problem The organisation shall implement: (a) any safety measures mandated by the competent authority in accordance with point 145.B.135; (b) any relevant mandatory safety information issued by the Agency. 145.A.200 Management system (a) The organisation shall establish, implement, and maintain a management system that includes: (1) clearly defined lines of responsibility and accountability throughout the organisation, including a direct safety accountability of the accountable manager; TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 28 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (2) a description of the overall philosophies and principles of the organisation with regard to safety, referred to as the safety policy, and the related safety objectives; (3) the identification of aviation safety hazards entailed by the activities of the organisation, their evaluation and the management of the associated risks, including taking actions to mitigate the risks and verify their effectiveness; (4) maintaining personnel trained and competent to perform their tasks; (5) documentation of all management system key processes, including a process for making personnel aware of their responsibilities and the procedure for amending this documentation; (6) a function to monitor the compliance of the organisation with the relevant requirements. Compliance monitoring shall include a system to feed back findings to the accountable manager to ensure the effective implementation of corrective actions as necessary; (7) any additional relevant requirements that are laid down in this Regulation. (b) The management system shall correspond to the size of the organisation and the nature and complexity of its activities, taking into account the hazards and the associated risks inherent in these activities. (c) If the organisation holds one or more additional organisation certificates within the scope of Regulation (EU) 2018/1139, the management system may be integrated with that required under the additional certificate(s) held. [Note: related AMC/GM:  GM1 145.A.200 Management system  AMC1 145.A.200(a)(1) Management system  GM1 145.A.200(a)(1) Management system  GM2 145.A.200(a)(1) Management system  AMC1 145.A.200(a)(2) Management system  GM1 145.A.200(a)(2) Management system  AMC1 145.A.200(a)(3) Management system  GM1 145.A.200(a)(3) Management system  GM2 145.A.200(a)(3) Management system  AMC1 145.A.200(a)(4) Management system  GM1 145.A.200(a)(4) Management system  GM1 145.A.200(a)(5) Management system  AMC1 145.A.200(a)(6) Management system  AMC2 145.A.200(a)(6) AMC 145.A.65(c)(1) Management System TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 29 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  AMC3 145.A.200(a)(6) Management System  AMC4 145.A.200(a)(6) AMC 145.A.65(c)(2) Safety and quality policy, maintenance procedures and quality system Management System  GM1 145.A.200(a)(6) Management system  GM2 145.A.200(a)(6) GM 145.A.65(c)(1) Safety and quality policy, maintenance procedures and quality system Management system] 145.A.202 Internal safety reporting scheme (a) As part of its management system, the organisation shall establish an internal safety reporting scheme to enable the collection and evaluation of such occurrences that are to be reported under point 145.A.60. (b) The scheme shall also enable the collection and evaluation of those errors, near misses, and hazards reported internally that do not fall under point (a). (c) Through this scheme, the organisation shall: (1) identify the causes of, and contributing factors to, any errors, near misses, and hazards reported, and address them as part of their safety risk management process in accordance with point 145.A.200(a)(3); (2) ensure an evaluation of all the known, relevant information relating to errors, the inability to follow procedures, near misses, and hazards, and a method to circulate the information as necessary. (d) The organisation shall make arrangements to ensure the collection of any safety issues related to subcontracted activities. (e) The organisation shall cooperate on safety investigations with any other organisation that makes a significant contribution to the safety of its own maintenance activities. [Note: related AMC/GM:  AMC1 145.A.202 Internal safety reporting scheme  GM1 145.A.202 Internal safety reporting scheme] 145.A.205 Contracting and subcontracting (a) The organisation shall ensure that when contracting or subcontracting any part of its maintenance activities, or when purchasing equipment or services: (1) these maintenance activities conform to the requirements of this Annex; and (2) any aviation safety hazards associated with such contracting, subcontracting or purchase are considered as part of the organisation’s management system. (b) If the organisation subcontracts any part of its maintenance activities to another organisation, the subcontracted organisation shall work under the approval of the organisation. The TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 30 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 organisation shall ensure that the competent authority is given access to the subcontracted organisation to determine whether there is continued compliance with the applicable requirements. [Note: related AMC/GM:  GM1 145.A.205 Contracting and subcontracting  GM2 145.A.205 Contracting and subcontracting] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 31 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 [Section B is replaced by:] SECTION B — AUTHORITY REQUIREMENTS 145.B.005 Scope This section establishes the administrative and management system requirements to be followed by the competent authority that is in charge of the implementation and enforcement of Section A of this Annex. 145.B.115 Oversight documentation The competent authority shall provide all the legislative acts, standards, rules, technical publications, and related documents to the relevant personnel in order to allow them to perform their tasks and to discharge their responsibilities. 145.B.120 Means of compliance (a) The Agency shall develop Acceptable Means of Compliance (‘AMC’) that may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. (b) Alternative means of compliance may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. (c) The competent authority shall establish a system to consistently evaluate that all alternative means of compliance used by itself or by organisations under its oversight allow for the establishment of compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. (d) The competent authority shall evaluate all the alternative means of compliance proposed by an organisation in accordance with point 145.A.120 by analysing the documentation provided and, if considered necessary, by conducting an inspection of the organisation. When the competent authority finds that the alternative means of compliance are in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts, it shall without undue delay: (1) notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the approval or certificate of the applicant accordingly; (2) notify the Agency of their content, and include copies of all the relevant documentation. (e) If the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts, it shall: (1) make them available to all the organisations and persons under its oversight; TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 32 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (2) notify the Agency without undue delay . The competent authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that they comply with Regulation (EU) 2018/1139 and its delegated and implementing acts. [Note: related AMC/GM:  GM1 145.B.120 Means of compliance  AMC1 145.B.120(e) Means of compliance] 145.B.125 Information to the Agency (a) The competent authority shall notify the Agency without undue delay if there are any significant problems with the application of Regulation (EU) 2018/1139 and its delegated and implementing acts. (b) The competent authority shall provide the Agency with any safety-significant information stemming from the occurrence reports it has received pursuant to point 145.A.60. 145.B.135 Immediate reaction to a safety problem (a) Without prejudice to Regulation (EU) No 376/2014 and Implementing Regulation (EU) 2015/1018, the competent authority shall implement a system to appropriately collect, analyse, and disseminate safety information. (b) The Agency shall implement a system to appropriately analyse any relevant safety information received, and without undue delay, provide to Member States and the Commission any information, including recommendations or corrective actions to be taken, that is necessary for them to react in a timely manner to a safety problem involving products, parts, appliances, persons or organisations that are subject to Regulation (EU) 2018/1139 and its delegated and implementing acts. (c) Upon receiving the information referred to in points (a) and (b), the competent authority shall take adequate measures to address the safety problem. (d) Measures taken under point (c) shall immediately be notified to all persons or organisations which need to comply with them under Regulation (EU) 2018/1139 and its delegated and implementing acts. The competent authority shall also notify those measures to the Agency and, when combined action is required, to the other Member States concerned. 145.B.200 Management system (a) The competent authority shall establish and maintain a management system, including as a minimum: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 33 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (1) documented policies and procedures to describe its organisation, means and methods to achieve compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. The procedures shall be kept up to date, and serve as the basic working documents within that competent authority for all related tasks; (2) a sufficient number of personnel to perform its tasks and discharge its responsibilities. A system shall be in place to plan the availability of personnel, in order to ensure the proper completion of all tasks; (3) personnel who are qualified to perform their allocated tasks and who have the necessary knowledge, experience, initial and recurrent training to ensure continuing competency; (4) adequate facilities and office accommodation to perform the allocated tasks; (5) a function to monitor the compliance of the management system with the relevant requirements, and the adequacy of the procedures, including the establishment of an internal audit process and a safety risk management process. Compliance monitoring shall include a system to feed back audit findings to the senior management of the competent authority to ensure the implementation of corrective actions as necessary; (6) a person or group of persons ultimately responsible to the senior management of the competent authority for the compliance monitoring function. (b) The competent authority shall, for each field of activity, including the management system, appoint one or more persons with the overall responsibility for the management of the relevant task(s). (c) The competent authority shall establish procedures for participation in a mutual exchange of all necessary information and assistance with any other competent authorities concerned, including all findings raised and any follow-up actions taken as a result of the oversight of persons and organisations who carry out activities in the territory of a Member State, but certified by the competent authority of another Member State or the Agency. (d) A copy of the procedures related to the management system and their amendments shall be made available to the Agency for the purpose of standardisation. [Note: related AMC/GM:  AMC1 145.B.200 Management system  AMC2 145.B.200 Management system  AMC1 145.B.200(a)(1) Management system  GM1 145.B.200(a)(2) Management system  AMC1 145.B.200(a)(3) Management system  AMC2 145.B.200(a)(3) Management system  AMC3 145.B.200(a)(3) Management system  AMC1 145.B.200(a)(5) Management system TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 34 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  GM1 145.B.200(a)(5) Management system  AMC1 145.B.200(d) Management system  Appendix IV to AMC3 145.A.30(e) and AMC2 145.B.200(a)(3) 145.B.10(3) Fuel Ttank Ssafety Ttraining] 145.B.205 Allocation of tasks to qualified entities (a) Tasks related to the initial certification, or to the continuing oversight of persons, or organisations subject to Regulation (EU) 2018/1139 and its delegated and implementing acts, may be allocated only to qualified entities. When allocating tasks, the competent authority shall ensure that it has: (1) put a system in place to initially and continuously assess whether the qualified entity complies with Annex VI ‘Essential requirements for qualified entities’ to Regulation (EU) 2018/1139. This system and the results of the assessments shall be documented; (2) established a documented agreement with the qualified entity, approved by both parties at the appropriate management level, which clearly defines: (i) the tasks to be performed; (ii) the declarations, reports, and records to be provided; (iii) the technical conditions to be met in performing such tasks; (iv) the related liability coverage; (v) the protection given to information acquired in carrying out such tasks. (b) The competent authority shall ensure that the internal audit process and safety risk management process required by point 145.B.200(a)(5) cover all the certification and continuing oversight tasks performed on its behalf. [Note: related AMC/GM:  GM1 145.B.205 Allocation of tasks to qualified entities] 145.B.210 Changes in the management system (a) The competent authority shall have a system in place to identify any changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139 and its delegated and implementing acts. This system shall enable it to take action as appropriate to ensure that its management system remains adequate and effective. (b) The competent authority shall update its management system to reflect any change to Regulation (EU) 2018/1139 and its delegated and implementing acts in a timely manner, so as to ensure its effective implementation. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 35 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (c) The competent authority shall notify the Agency of any changes affecting its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139 and its delegated and implementing acts. 145.B.220 Record-keeping (a) The competent authority shall establish a system of record-keeping that allows adequate storage, accessibility, and reliable traceability of: (1) the management system’s documented policies and procedures; (2) the training, qualifications, and authorisation of its personnel; (3) the allocation of tasks, covering the elements required by point 145.B.205, as well as the details of tasks allocated; (4) certification processes and continuing oversight of certified organisations, including: (i) the application for an organisation certificate; (ii) the competent authority’s continuing oversight programme, including all the assessments, audits and inspection records; (iii) the organisation certificate, including any changes to it; (iv) a copy of the oversight programme, listing the dates when audits are due and when audits were carried out; (v) copies of all formal correspondence; (vi) details of findings, corrective actions, dates of action closures, any exemptions and enforcement actions; (vii) any assessment, audit and inspection report issued by another competent authority pursuant to point 145.B.300(d); (viii) copies of all organisation MOEs or manuals and any amendments to them; (ix) copies of any other documents approved by the competent authority; (5) the evaluation and notification to the Agency of any alternative means of compliance proposed by organisations, and the assessment of any alternative means of compliance used by the competent authority itself; (6) safety information and follow-up measures in accordance with point 145.B.125; (7) the use of flexibility provisions in accordance with Regulation (EU) 2018/1139. (b) The competent authority shall maintain a list of all the organisation certificates that it issued. (c) All the records referred to in points (a) and (b) shall be kept for a minimum period of 5 years, subject to applicable data protection law. (d) All the records referred to in points (a) and (b) shall be made available upon request to a competent authority of another Member State or the Agency. [Note: related AMC/GM: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 36 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  AMC1 145.B.220(a) Record-keeping  AMC1 145.B.220(a)(1) Record-keeping] 145.B.300 Oversight principles (a) The competent authority shall verify: (1) compliance with the requirements that are applicable to organisations prior to issuing an organisation certificate, as applicable; (2) continued compliance with the applicable requirements of the organisations that it has certified; (3) the implementation of appropriate safety measures mandated by the competent authority as defined in points 145.B.135(c) and (d). (b) This verification shall: (1) be supported by documentation specifically intended to provide personnel responsible for safety oversight with guidance to perform their functions; (2) provide the organisations concerned with the results of safety oversight activities; (3) be based on assessments, audits and inspections, including unannounced inspections; (4) provide the competent authority with the evidence needed in case further action is required, including the measures provided for in point 145.B.350 ‘Findings and corrective actions’. (c) The scope of the oversight defined in points (a) and (b) shall take into account the results of past oversight activities and the safety priorities. (d) If the facilities of an organisation are located in more than one State, the competent authority, as defined in point 145.1, may agree to have oversight tasks performed by the competent authority(ies) of the Member State(s) where the facilities are located, or by the Agency for facilities that are located in a third country. Any organisation that is subject to such an agreement shall be informed of its existence and of its scope. (e) For any oversight activities that are performed at facilities located in a Member State other than where the organisation has its principal place of business, the competent authority, as defined in point 145.1, shall inform the competent authority of that Member State before performing any on-site audit or inspection of the facilities. (f) The competent authority shall collect and process any information deemed useful for conducting oversight activities, including unannounced inspections. [Note: related AMC/GM:  AMC1 145.B.300(a);(b);(c) Oversight principles  AMC1 145.B.300(f) Oversight principles] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 37 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 145.B.305 Oversight programme (a) The competent authority shall establish and maintain an oversight programme covering the oversight activities required by point 145.B.300. (b) The oversight programme shall be developed taking into account the specific nature of the organisation, the complexity of its activities, the results of past certification and/or oversight activities, and it shall be based on the assessment of the associated risks. It shall include within each oversight planning cycle: (1) assessments, audits and inspections, including unannounced inspections and, as applicable: (i) management system assessments and process audits; (ii) product audits of a relevant sample of the maintenance carried out by the organisation; (iii) sampling of the airworthiness reviews performed; (2) meetings convened between the accountable manager and the competent authority to ensure that both remain informed of all significant issues. (c) For organisations certified by the competent authority, an oversight planning cycle not exceeding 24 months shall be applied. (d) Notwithstanding point (c), the oversight planning cycle may be extended to 36 months if the competent authority has established that during the previous 24 months: (1) the organisation has demonstrated that it can effectively identify aviation safety hazards and manage the associated risks; (2) the organisation has continuously demonstrated under point 145.A.85 that it has full control over all changes; (3) no level 1 findings have been issued; (4) all corrective actions have been implemented within the time period that was accepted or extended by the competent authority as defined in point 145.B.350. Notwithstanding point (c), the oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the conditions provided in points (1) to (4) above, the organisation has established, and the competent authority has approved, an effective continuous system for reporting to the competent authority on the safety performance and regulatory compliance of the organisation itself. (e) The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased. (f) The oversight programme shall include records of the dates when assessments, audits, inspections and meetings are due, and when assessments, audits, inspections and meetings have been effectively carried out. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 38 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (g) At the completion of each oversight planning cycle, the competent authority shall issue a recommendation report on the continuation of the approval, reflecting the results of oversight. [Note: related AMC/GM:  AMC1 145.B.305(a);(b) Oversight programme  AMC1 145.B.305(b) Oversight programme  AMC2 145.B.305(b) Oversight programme  AMC1 145.B.305(b)(1) Oversight programme  AMC1 145.B.305(c) Oversight programme  AMC2 145.B.305(c) Oversight programme  AMC1 145.B.305(d) Oversight programme] 145.B.310 Initial certification procedure (a) Upon receiving an application for the initial issue of a certificate for an organisation, the competent authority shall verify the organisation’s compliance with the applicable requirements. (b) A meeting with the accountable manager of the organisation shall be convened at least once during the investigation for initial certification to ensure that he or she fully understands the significance of the certification process, and the reason for signing the statement specified in point 145.A.70(a)(1). (c) The competent authority shall record all findings, closure actions (i.e. actions required to close a finding), and recommendations. (d) The competent authority shall confirm to the organisation in writing all the findings raised during the verification. For initial certification, all findings must be corrected to the satisfaction of the competent authority before the certificate can be issued. (e) When satisfied that the organisation complies with the applicable requirements, the competent authority shall: (1) issue the certificate as established in Appendix III ‘EASA Form 3-145’ to this Annex; (2) formally approve the MOE. (f) The certificate reference number shall be included on the EASA Form 3-145 certificate in a manner specified by the Agency. (g) The certificate shall be issued for an unlimited duration. The privileges and the scope of the activities that the organisation is approved to conduct, including any limitations as applicable, shall be specified in the terms of approval attached to the certificate. (h) To enable the organisation to implement changes without prior competent authority approval in accordance with point 145.A.85(c), the competent authority shall approve the relevant TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 39 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 MOE procedure that defines the scope of such changes and describes how such changes will be managed and notified. [Note: related AMC/GM:  AMC1 145.B.310 Initial certification procedure  AMC1 145.B.310(a) Initial certification procedure  AMC1 145.B.310(c) Initial certification procedure  AMC2 145.B.310(c) Initial certification procedure  AMC1 145.B.310(d) Initial certification procedure  AMC1 145.B.310(e)(2) Initial certification procedure  Appendix II to AMC2 145.B.310(c) AMC 145.B.20(5) EASA Form 6] 145.B.330 Changes — organisations (a) Upon receiving an application for a change that requires prior approval, the competent authority shall verify the organisation’s compliance with the applicable requirements before issuing the approval. (b) The competent authority shall establish the conditions under which the organisation may operate during the change unless the competent authority determines that the organisation’s certificate needs to be suspended. (c) When satisfied that the organisation is in compliance with the applicable requirements, the competent authority shall approve the change. (d) Without prejudice to any additional enforcement measures, if the organisation implements changes requiring prior approval without having received the approval of the competent authority pursuant to point (c), the competent authority shall suspend, limit or revoke the organisation’s certificate. (e) For changes not requiring prior approval, the competent authority shall include the review of such changes in its continuing oversight in accordance with the principles set forth in point 145.B.300. If any non-compliance is found, the competent authority shall: (1) notify the organisation about the non-compliance and request further changes; (2) in the case of level 1 or level 2 findings, act in accordance with point 145.B.350. [Note: related AMC/GM:  AMC1 145.B.330 Changes – organisations  GM1 145.B.330 Changes – organisations] 145.B.350 Findings and corrective actions (a) The competent authority shall have a system to analyse findings for their safety significance. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 40 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (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 also include: (1) any failure to give the competent authority access to the organisation's facilities as defined in point 145.A.140 during normal operating hours and after two written requests; (2) obtaining or maintaining the validity of the organisation certificate by falsification of the submitted documentary evidence; (3) any 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. If a finding directly relates to an aircraft, the competent authority shall inform the State in which the aircraft is registered. (1) If there are any level 1 findings, the competent authority shall take immediate and appropriate action to prohibit or limit the activities of the organisation involved, 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) If there are any level 2 findings, the competent authority shall: (i) grant the organisation a corrective action implementation period that is appropriate to the nature of the finding, which in any case shall initially not be more than 3 months. The period 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 the past safety performance of the organisation, the competent authority may extend the 3-month period provided that a satisfactory corrective action plan has been 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. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 41 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (3) If 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 shall be taken as laid down in point (d)(1). (4) The competent authority shall record all the findings that it has raised or that have been communicated to it in accordance with point (e) below and, where applicable, the enforcement measures it has applied, as well as all corrective actions and the dates of the action closures for all the findings. (e) Without prejudice to any additional enforcement measures, when the authority of a Member State acting under the provisions of point 145.B.300(d) 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 the finding. [Note: related AMC/GM:  GM1 145.B.350(b);(c) Findings and corrective actions] 145.B.355 Suspension, limitation and revocation The competent authority shall: (a) suspend a certificate on reasonable grounds in the case of a potential safety threat; (b) suspend, revoke or limit a certificate pursuant to point 145.B.350; or (c) suspend a certificate if the competent authority’s inspectors are unable over a period of 24 months to discharge their oversight responsibilities through on-site audit(s) due to the security situation in the State where the facilities are located. [Note: related AMC/GM:  AMC1 145.B.355(c) Suspension, limitation and revocation] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 42 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 APPENDICES TO ANNEX II (PART-145) Appendix II — Class and Rratings Ssystem used for the Aapproval of Part-145 Mmaintenance Oorganisations referred to in Annex I (Part-M) Subpart F and Annex II (Part-145) The provisions of Appendix IV to Annex I (Part-M) apply. (a) Except as stated otherwise for the smallest organisations in point (m), the table referred to in point (l) provides the standard system for the approval of Part-145 maintenance organisations and the issuing of the certificate (terms of approval). An organisation must be granted an approval that ranges from a single class and rating with limitations to an approval for all classes and ratings with limitations. (b) In addition to the table referred to in point (l), each maintenance organisation is required to indicate its scope of work in its MOE. See also point (k). (c) Within the approval class(es) and rating(s) established by the competent authority, the scope of work specified in the MOE defines the exact limits of its approval. It is therefore essential that the approval class(es) and rating(s) and the organisation’s scope of work match. (d) A category A class rating means that the maintenance organisation may carry out maintenance on aircraft and components (including engines and/or Auxiliary Power Units (APUs)), in accordance with the aircraft maintenance data or, if agreed by the competent authority, in accordance with the component maintenance data, only while such components are fitted to the aircraft. Nevertheless, such an A-rated maintenance organisation may temporarily remove a component for maintenance in order to improve access to that component, except when its removal generates the need for additional maintenance that is not eligible for the provisions of this point. This is provided that an appropriate control procedure in the MOE has been approved by the competent authority. The limitation section will specify the scope of such maintenance, thereby indicating the extent of the approval. (e) Category A class ratings are subdivided into ‘Base’ or ‘Line’ maintenance categories. Such an organisation may be approved for either ‘Base’ or ‘Line’ maintenance, or both. It should be noted that a ‘Line’ facility located at a main base facility requires a ‘Line’ maintenance approval. (f) A category B class rating means that the maintenance organisation may carry out maintenance on uninstalled engines and/or APUs and engine and/or APU components, in accordance with the engine and/or APU maintenance data or, if agreed by the competent authority, in accordance with the component maintenance data, only while such components are fitted to the engine and/or the APU. Nevertheless, such a B-rated approved maintenance organisation may temporarily remove a component for maintenance in order to improve access to that component, except when its removal generates the need for additional maintenance that is not eligible for the provisions of this point. The limitation section will specify the scope of such maintenance, thereby indicating the extent of the approval. A maintenance organisation that is approved with a category B class rating may also carry out TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 43 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 maintenance on an installed engine during ‘base’ and ‘line’ maintenance, provided that an appropriate control procedure in the MOE has been approved by the competent authority. The scope of work in the MOE shall reflect these activities if they are permitted by the competent authority. (g) A category C class rating means that the maintenance organisation may carry out maintenance on uninstalled components (excluding complete engines and APUs) that are intended to be fitted on the aircraft or the engine/APU. The limitation section will specify the scope of such maintenance, thereby indicating the extent of the approval. A maintenance organisation that is approved with a category C class rating may also carry out maintenance on an installed component (other than a complete engine/APU) during base and line maintenance, or at an engine/APU maintenance facility provided that an appropriate control procedure in the MOE has been approved by the competent authority. The scope of work in the MOE shall reflect these activities if they are permitted by the competent authority. (h) A category D class rating is a self-contained class rating that is not necessarily related to a specific aircraft, engine or other component. The D1 — Non-Destructive Testing (NDT) rating is only necessary for a maintenance organisation that carries out NDT as a particular task for another organisation. A maintenance organisation that is approved with a class rating in the A, B or C category may carry out NDT on products that it maintains without the need for a D1 class rating provided that the MOE contains NDT procedures. (i) The limitation section is intended to give the competent authorities the flexibility to customise an approval for any particular organisation. Ratings shall only be mentioned on the approval if they are appropriately limited. The table referred to in point (l) specifies the types of limitation that are possible. It is acceptable to stress the maintenance task rather than the type or manufacturer of the aircraft or engine, if this is more appropriate to the organisation (an example could be avionic systems installations and the related maintenance). If that is mentioned in the limitation section, it indicates that the maintenance organisation is approved to carry out maintenance up to and including this particular type/task. (j) When a reference is made to the series, type and group in the limitation section of class A and B, series means a specific type series such as the Airbus 300, 310 or 319, or the Boeing 737-300 series, the RB211-524 series, the Cessna 150 or Cessna 172, the Beech 55 series, the continental O-200 series, etc. Type means a specific type or model such as the Airbus 310-240 type, the RB 211-524 B4 type, or the Cessna 172RG type. Any number of series or types may be quoted. Group means, for example, Cessna single piston engine aircraft or Lycoming non- supercharged piston engines, etc. (k) Notwithstanding point 145.A.85(a)(1), when a component capability list is used that could be subject to frequent amendments, then the organisation may propose to include such amendments in the procedure referred to in point 145.A.85(c) for changes not requiring prior approval. (l) Table CLASS RATING LIMITATION BASE LINE AIRCRAFT A1 [Shall state the aeroplane [YES/NO] (*) [YES/NO] (*) Aeroplanes manufacturer or the group or TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 44 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 CLASS RATING LIMITATION BASE LINE above 5 700 kg series or type and/or the maximum maintenance tasks] take-off mass (MTOM) Example: Airbus A320 Series A2 [Shall state the aeroplane [YES/NO] (*) [YES/NO] (*) Aeroplanes of manufacturer or the group or 5 700 kg series or type and/or the MTOM maintenance tasks] Example: DHC-6 Twin Otter Series State whether the issuing of airworthiness review certificates is authorised (only possible for aircraft covered by Annex Vb (Part-ML)) A3 [Shall state the helicopter [YES/NO] (*) [YES/NO] (*) Helicopters manufacturer or the group or series or type and/or the maintenance task(s)] Example: Robinson R44 A4 [Shall state the aircraft category [YES/NO] (*) [YES/NO] (*) Aircraft other (sailplane, balloon, airship, etc.), than A1, A2 the manufacturer or group or and A3 aircraft series or type and/or the maintenance task(s)] State whether the issuing of airworthiness review certificates is authorised (only possible for aircraft covered by Annex Vb (Part-ML)) ENGINES B1 [Shall state the engine series or type and/or the maintenance Turbine task(s)] Example: PT6A Series B2 [Shall state the engine manufacturer or group or series or type Piston and/or the maintenance task(s)] B3 [Shall state the engine manufacturer or series or type and/or APU the maintenance task(s)] COMPONENTS C1 Air Cond & [Shall state the aircraft type or aircraft manufacturer or OTHER THAN Press component manufacturer or the particular component and/or COMPLETE C2 Auto Flight cross refer to a capability list in the exposition and/or the ENGINES OR C3 Comms and maintenance task(s)] APUs Nav Example: PT6A Fuel Control C4 Doors — Hatches C5 Electrical Power & Lights C6 Equipment C7 Engine — TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 45 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 CLASS RATING LIMITATION BASE LINE APU C8 Flight Controls C9 Fuel C10 Helicopter — Rotors C11 Helicopter — Trans C12 Hydraulic Power C13 Indicating — recording system C14 Landing Gear C15 Oxygen C16 Propellers C17 Pneumatic & Vacuum C18 Protection ice/rain/fire C19 Windows C20 Structural C21 Water ballast C22 Propulsion Augmentation SPECIALISED D1 Non- [Shall state particular NDT method(s)] SERVICES Destructive Testing (*) Delete as appropriate (m) A maintenance organisation which employs only one person to both plan and carry out all its maintenance activities can only hold a limited scope of approval rating. The maximum permissible limits are: CLASS RATING LIMITATION AIRCRAFT A2 PISTON ENGINE AEROPLANE OF 5 700 KG MTOM OR LESS AIRCRAFT A3 SINGLE PISTON ENGINE HELICOPTER OF 3 175 KG MTOM OR LESS AIRCRAFT A4 NO LIMITATIONS ENGINES B2 LESS THAN 450 HP COMPONENTS OTHER THAN C1 TO C22 AS PER CAPABILITY LIST COMPLETE ENGINES OR APUs SPECIALISED SERVICES D1 NDT NDT METHOD(S) TO BE SPECIFIED. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 46 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 It should be noted that such an organisation may be further limited by the competent authority in the scope of approval depending on the capabilities of the particular organisation. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 47 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Appendix III — Maintenance Oorganisation Approval certificate - EASA Form 3-145 referred to in Annex II (Part-145) Page 1 of 2 [MEMBER STATE (*)] A Member of the European Union (**) MAINTENANCE ORGANISATION APPROVAL CERTIFICATE Reference: [MEMBER STATE CODE(*)].145.XXXX Pursuant to Regulation (EC) No 216/2008 (EU) 2018/1139 of the European Parliament and of the Council and to Commission Regulation (EU) No 1321/2014 for the time being in force and subject to the condition specified below, the [COMPETENT AUTHORITY OF THE MEMBER STATE (*)] hereby certifies: [COMPANY NAME AND ADDRESS] as a maintenance organisation in compliance with Section A of Annex II (Part-145) of Regulation (EU) No 1321/2014, approved to maintain products, parts and appliances listed in the attached approval schedule terms of approval and issue related certificates of release to service using the above references and, when stipulated, to issue recommendations and airworthiness review certificates after an airworthiness review as specified in point M.A.901(l) of Annex I (Part-M) to the same Regulation ML.A.903 of Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014 for those aircraft listed in the attached terms of approval schedule. CONDITIONS: 1. This approval is limited to that specified in the scope of work section of the approved maintenance organisation exposition as referred to in Section A of Annex II (Part-145), and 2. This approval requires compliance with the procedures specified in the approved maintenance organisation exposition, and 3. This approval is valid whilst the approved maintenance organisation remains in compliance with Annex II (Part-145) of to Regulation (EU) No 1321/2014. 4. Subject to compliance with the foregoing conditions, this approval shall remain valid for an unlimited duration unless the approval has previously been surrendered, superseded, suspended or revoked. Date of original issue: ......................................................................................................................................... Date of this revision: .…....................................................................................................................................... Revision No: ........................................................................................................................................................ Signed: ................................................................................................................................................................ For the competent authority: [COMPETENT AUTHORITY OF THE MEMBER STATE(*)] EASA Form 3-145 Issue 3 4 (*) Or EASA if EASA is the competent authority (**) Delete for non-EU Member States or EASA Page 2 of 2 TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 48 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 MAINTENANCE ORGANISATION TERMS OF APPROVAL SCHEDULE Reference: [MEMBER STATE CODE (*)].145.[XXXX] Organisation: [COMPANY NAME AND ADDRESS] CLASS RATING LIMITATION BASE LINE AIRCRAFT (**) (***) (****) [YES/NO] (**) [YES/NO] (**) (***) (****) [YES/NO] (**) [YES/NO] (**) (***) (****) [YES/NO] (**) [YES/NO] (**) (***) (****) [YES/NO] (**) [YES/NO] (**) ENGINES (**) (***) (***) (***) (***) COMPONENTS (***) (***) OTHER THAN COMPLETE (***) (***) ENGINES OR (***) (***) APUs (**) (***) (***) (***) (***) (***) (***) SPECIALISED (***) (***) SERVICES (**) (***) (***) This approval schedule is These terms of approval are limited to those products, parts and appliances and to the activities specified in the scope of work section of the approved maintenance organisation exposition, Maintenance Organisation Exposition reference: ............................................................................................. Date of original issue: ........................................................................................................................................ Date of last revision approved: ................................................ Revision No: ………………................................... Signed: ............................................................................................................................................................... For the competent authority: [COMPETENT AUTHORITY OF THE MEMBER STATE (*)] EASA Form 3-145 Issue 3 4 (*) Or EASA if EASA is the competent authority (**) Delete as appropriate if the organisation is not approved. (***) Complete with the appropriate rating and limitation (****) Complete with appropriate limitation and, for A2 and A4 ratings, state whether the issue of recommendations and airworthiness review certificates is authorised or not (only possible for ELA1 aircraft covered by Annex Vb (Part-ML) not involved in commercial operations when the organisation performs the airworthiness review together with the annual inspections contained in the maintenance programme). TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 49 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Draft AMC & GM to Annex II (Part-145) (Draft EASA decision) GENERAL GM1 to Annex II (Part-145) Definitions For the purpose of the AMC & GM to Part-145, the following definitions are used: Audit refers to a systematic, independent, and documented process for obtaining evidence, and evaluating it objectively to determine the extent to which requirements are complied with. Note: audits may include inspections Alternative Ref. Regulation (EU) No 1321/2014, Article 21. Means of Compliance (AltMoC) Assessment in the context of management system performance monitoring, continuous improvement and oversight, this refers to a planned and documented activity performed by competent personnel to evaluate and analyse the achieved level of performance and maturity in relation to the organisation’s policy and objectives. Note: an assessment focuses on desirable outcomes and the overall performance, looking at the organisation as a whole. The main objective of the assessment is to identify the strengths and weaknesses to drive continual improvement. Remark: for ‘risk assessment’, please refer to the definition below. Base Ref. AMC1 145.A.10 maintenance Competency is a combination of individual skills, practical and theoretical knowledge, attitude, training, and experience. Correction is the action to eliminate a detected non-compliance. Corrective is the action to eliminate or mitigate the root cause(s) and prevent the action recurrence of an existing detected non-compliance, or other undesirable conditions or situations. Proper determination of the root cause(s) is crucial for defining effective corrective actions to prevent reoccurrence. Error is an action or inaction by a person that may lead to deviations from accepted procedures or regulations. Note: errors are often associated with occasions when a planned sequence of mental or physical activities either fails to achieve its intended outcome, or is not appropriate with regard to the intended outcome, and when results cannot be attributed purely to chance. 1 As proposed through Opinion No 06/2016 (https://www.easa.europa.eu/document-library/opinions/opinion-062016). TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 50 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Fatigue is a physiological state of reduced mental or physical performance capability resulting from sleep loss or extended wakefulness, the circadian phase, or workload (mental and/or physical activity) that can impair a person’s alertness and ability to safely perform safety-related duties. Hazard is a condition or an object with the potential to cause or contribute to an aircraft incident or accident. Human factors is anything that affects human performance, which means principles that apply to aeronautical design, certification, training, operations and maintenance, and which seek a safe interface between the human and other system components by proper consideration of human performance. Human refers to human capabilities and limitations which have an impact on the safety, performance and efficiency of aeronautical operations. Inspection in the context of compliance monitoring and oversight, refers to an independent documented conformity evaluation by observation and judgement accompanied, as appropriate, by measurement, testing or gauging, in order to verify compliance with applicable requirements. Note: inspection may be part of an audit (e.g. product audit), but may also be conducted outside of the normal audit plan, for example to verify closure of a particular finding. Just Culture Ref. Regulation (EU) No 376/2014, Article 2. Line Ref. AMC1 145.A.10 maintenance Near miss is an event in which an occurrence to be mandatorily reported according to Regulation (EU) No 376/2014 was narrowly averted or avoided. Example: a mechanic on rechecking his or her work at the end of a task realises that one work card step was not properly carried-out. Organisational is a latent condition that affects the effectiveness of safety risk controls, related factor to the culture, policies, processes, resources, and workplace of an organisation. Oversight refers to the time frame within which all areas of the approval and all processes planning cycle should be reviewed by the competent authority by means of audits and inspections. Oversight refers to the detailed oversight schedule that defines the number of audits and programme inspections, the scope and duration of each audit and inspection, including details of product audits and locations, as appropriate, to be performed by the competent authority, and the tentative time frame for performing each audit and inspection. Preventive is the action to eliminate the cause of a potential non-compliance, or other action undesirable potential situations. Risk assessment is an evaluation based on engineering and operational judgement and/or analysis methods in order to establish whether the achieved or perceived risk is acceptable or tolerable. Safety culture is an enduring set of values, norms, attitudes, and practices within an organisation concerned with minimising the exposure of the workforce and the general public to dangerous or hazardous conditions. In a positive safety culture, TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 51 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 a shared concern for, commitment to, and accountability for safety is promoted. Safety risk refers to the predicted probability and severity of the consequences or outcomes of a hazard. Safety training refers to dedicated training to support safety management policies and processes, including human factors training. Note: the main purpose of the safety training programme is to ensure that personnel at all levels of the organisation maintain their competency to fulfil their safety roles. Safety training should, in particular, consider the safety knowledge derived from hazard identification and risk management processes, and support the fostering of a positive safety culture. Note: safety management training means specific training for the staff involved in safety management functions in accordance with point 145.A.30(ca) or 145.A.200(a)(3) Working days refers to days between and including Monday to Friday, not including public holidays. [Back to implementing rule:  145.1 Competent authority] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 52 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 SECTION A — TECHNICAL AND ORGANISATION REQUIREMENTS AMC1 145.A.10 Scope 1. Line Maintenance should be understood as any maintenance that is carried out before flight to ensure that the aircraft is fit for the intended flight. (a) Line Maintenance may include:  Trouble shooting Troubleshooting.  Defect rectification.  Component replacement with the use of external test equipment if required. Component replacement may include components such as engines and propellers.  Scheduled maintenance and/or checks, including visual inspections, that will detect obvious unsatisfactory conditions/discrepancies but do not require extensive in-depth inspections. It may also include the internal structure, systems and powerplant items which are visible through quick-opening access panels/doors.  Minor repairs and modifications which do not require extensive disassembly, and can be accomplished by simple means. (b) For temporary or occasional cases (ADs, SBs) the Quality Compliance Monitoring Manager may accept base maintenance tasks to be performed by a line maintenance organisation subject to a risk assessment and provided all requirements are fulfilled as defined by the competent authority. (c) Maintenance tasks that falling outside these criteria are considered to be Base Maintenance tasks. (d) Aircraft that are maintained in accordance with ‘progressive’ type programmes should be individually assessed in relation to this paragraph. In principle, the decision to allow some ‘progressive’ checks to be carried out should be determined by the assessment that all the tasks within the particular check can be carried out safely and to the required standards at the designated line maintenance station. 2. Where If the organisation uses facilities both inside and outside the Member State, such as satellite facilities, sub-contractors, line stations, etc., such facilities may be included in the approval without being identified on the approval organisation certificate, subject to provided that the maintenance organisation exposition MOE identifiesying the facilities and containsing procedures to control such facilities, and the competent authority is being satisfied that they form an integral part of the approved maintenance organisation. [Back to implementing rule:  145.A.10 Scope] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 53 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 GM1 145.A.10 Scope SMALLEST ORGANISATIONS This Guidance Material (GM) provides guidance on how the smallest organisations satisfy the intent of Part-145: 1. By inference, the smallest maintenance organisations would only be involved in the maintenance of a limited number of light aircraft, or aircraft components, used for commercial air transport. It is therefore a matter of scale; the maintenance of light aircraft does not demand require the same level of resources, facilities or complex maintenance procedures as the maintenance of larger aircraft by large organisations. 2. It is recognised that a Part-145 approval may be required by two quite different types of small organisations., t The first being is the a light aircraft maintenance hangar, and the second being is the a component maintenance workshop, e.g. for small piston engines, radio equipment, etc. 3. Where only one person is employed (in fact having the certifying function and others), these o Organisations that only employ one person, who carries out the certification function and other functions, and that are approved under Part-145, may use the alternatives provided in point 3.1, limited to the following: Class A2 Base and Line maintenance of aeroplanes of 5 700 kg maximum take-off mass (MTOM) or less and below (with piston engines only). Class A3 Base and Line maintenance of single-engined helicopters of 3 175 kg MTOM or less than 3 175 kg. Class A4 Aircraft other than A1, A2 and A3 aircraft. Class B2 Piston engines with maximum output of less than 450 HP. Class C Components. Class D1 Non-dDestructive Testing. 3.1. 145.A.30(b): The minimum requirement is for one full-time person who meets the Part-66 requirements for certifying staff and holds the position of ‘accountable manager, safety manager, maintenance engineer and is also certifying staff and, if applicable, airworthiness review staff’. No other person may issue a certificate of release to service and therefore if that person if absent, no maintenance may be released during such his or her absence. 3.1.1. The quality independent audit element of the compliance monitoring function of 145.A.65(c) point 145.A.200(a)(6) may be subcontracted to an appropriate organisation approved under Part-145 or contracted to a person with appropriate technical knowledge and extensive experience of quality audits, working under the management system of the organisation, employed on a part-time basis, with the agreement of the competent authority. Note: F full-time for the purpose of Part-145 means not less than 35 hrs per week, except during vacation periods. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 54 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 3.1.2. 145.A.35. In the case of an approval based on one person using an subcontracted quality independent audit monitoring arrangement as referred to in 3.1.1, the requirement for a record of certifying staff is satisfied by the submission to and acceptance by the competent authority of the MOE EASA Form 4. With only one person, the requirement for a separate record of authorisation is unnecessary because the EASA Form 3 approval schedule certificate defines the authorisation. An appropriate statement, to reflect this situation, should be included in the exposition. 3.1.3. 145.A.65(c) 145.A.200(a)(6). It is the responsibility of the contracted quality monitoring organisation or person referred to in 3.1.1 to make a minimum of 2 on-site audits every year visits per 12 months and it is the responsibility of this organisation or person to carry out such these activities monitoring on the basis of 1 pre-announced visit and 1 not unannounced visit to the maintenance organisation. It is the responsibility of the Part-145 organisation to ensure that effective implementation of all corrective actions takes place. comply with the findings of the contracted quality monitoring organisation or the person. CAUTION: it should be understood that if the contracted organisation or the above mentioned person loses or gives up its approval, then the organisation’s approval will be suspended. 4. Recommended operating procedure for a Part-145 approved maintenance organisation based upon up to 10 persons involved in maintenance. 4.1. 145.A.30(b) and 145.A.30(c): The normal minimum requirement is for the employment on a full-time basis of two persons who meet the applicable competent authorities’ requirements for certifying staff, whereby one holds the position of ‘maintenance engineer’ and the other holds the position of ‘quality audit compliance monitoring engineer’. Either person can assume the responsibilities of the accountable manager and safety manager provideding that they can comply in full with the applicable elements of points 145.A.30(a) and 145.A.30(ca), but the ‘maintenance engineer’ should be the certifying person to retain the independence of the ‘quality audit compliance monitoring engineer’ to carry out audits. Nothing prevents either engineer from undertaking maintenance tasks, provideding that the ‘maintenance engineer’ issues the certificate of release to service. This ‘maintenance engineer’ may also be nominated as airworthiness review staff to carry out airworthiness reviews and to issue the corresponding airworthiness review certificate for ELA1 aircraft not involved in commercial operations in accordance with ML.A.903 M.A.901(l). The ‘quality audit compliance monitoring engineer’ should have similar qualifications and status to the ‘maintenance engineer’ for reasons of credibility, unless he/she he or she has a proven track record in aircraft compliance monitoring quality assurance, in which case some reduction in the extent of his or her maintenance qualifications may be permitted. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 55 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 In cases where If the competent authority agrees that it is not practical for the an organisation to nominate a person as responsible post holder for the quality independent audit of the compliance monitoring function, this element function may be contracted in accordance to with paragraph 3.1.1. [Back to implementing rule:  145.A.10 Scope] AMC1 145.A.15 Application for an organisation certificate In a form and in a manner established by the competent authority means that the An application should be made on an EASA Form 2 (refer to Appendix III to AMC to Part-145) or an equivalent form that is acceptable to the competent authority. EASA Form 2 is valid for the application for M.A. Subpart F, Part-CAO, Part-145 and Part-CAMO organisations. Organisations that apply for several certificates may do so using a single EASA Form 2. [Back to implementing rule:  145.A.15 Application for an organisation certificate] AMC2 145.A.15 Application for an organisation certificate GENERAL (a) Draft documents should be submitted at the earliest opportunity so that assessment of the application can begin. The initial certification or approval of changes cannot take place until the competent authority has received the completed documents. (b) This information, including the results of the pre-audit specified in point 145.A.15(b)(1), will enable the competent authority to conduct its assessment in order to determine the volume of certification and oversight work that is necessary, and the locations where it will be carried out. (c) The intent of the internal pre-audit referred to in point 145.A.15(b)(1) is to ensure that the organisation has internally verified its compliance with the Regulation. This should allow the organisation to demonstrate to the competent authority the extent to which the applicable requirements are complied with, and to provide assurance that the organisation management system is established to a level that is sufficient to perform maintenance activities. [Back to implementing rule:  145.A.15 Application for an organisation certificate] GM1 145.A.15(b) Application for an organisation certificate PROCEDURE FOR CHANGES NOT REQUIRING PRIOR APPROVAL TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 56 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 The procedure for changes not requiring prior approval should include, as mentioned in point 145.A.70(a)(10), both the scope of those changes and how they will be managed and notified. For applicants for an initial certificate, the scope may be limited by the competent authority for the first period of operation. An extension of such a limited scope may be considered later; see GM1 145.A.85(c). [Back to implementing rule:  145.A.15 Application for an organisation certificate] AMC1 145.A.25(a) Facility requirements […] 5. Subject to a risk assessment and agreement by the competent authority, the organisation may use facilities at the approved location, other than a hangar that encloses the whole aircraft, for certain aircraft base maintenance tasks, provided that those facilities offer levels of weather and environmental protection that are equivalent to those of a hangar, as well as a suitable working environment for the particular work package. This does not exempt an organisation from the requirement to have an aircraft hangar in order to be approved to conduct base maintenance at a given location. AMC1 145.A.30(a) Personnel requirements ACCOUNTABLE MANAGER With regard to the Accountable manager, it is normally intended to mean the chief executive officer of the approved maintenance organisation, who by virtue of his or her position, has overall (including in particular financial) responsibility for running the organisation. The accountable manager may be the accountable manager for more than one organisation, and is not necessarily required to be necessarily knowledgeable on technical matters, as the maintenance organisation exposition MOE defines the maintenance standards. When the accountable manager is not the chief executive officer, the competent authority will need to should be assured that such an the accountable manager has direct access to the chief executive officer and has the necessary a sufficiency of ‘maintenance funding’ allocation. [Back to implementing rule:  145.A.30 Personnel requirements] AMC1 145.A.30(b) Personnel requirements MANAGEMENT STRUCTURE FOR MAINTENANCE The person or group of persons nominated under point 145.A.30(b) with the responsibility for ensuring compliance should represent the management structure of the organisation, and be responsible for all maintenance functions. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 57 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 1. Dependent upon the size of the organisation, the Part-145 functions may be subdivided under individual managers or combined in any number of ways. However, the compliance monitoring function should be independent from the other functions. 2. The organisation should have, dependent upon the extent of approval, a base maintenance manager, a line maintenance manager, and a workshop manager, and a quality manager, all of whom should report to the accountable manager, except in small Part-145 organisations where any one manager may also be the accountable manager, as determined by the competent authority, and he/she he or she may also be the line maintenance manager or the workshop manager. 3. The base maintenance manager is responsible for ensuring that all maintenance required to be carried out in the hangar, plus any defect rectification carried out during base maintenance, is carried out to the design and quality standards specified in point 145.A.65(b). The base maintenance manager is also responsible for any corrective action resulting from the quality compliance monitoring of point 145.A.200(a)(6) 145.A.65(c). 4. The line maintenance manager is responsible for ensuring that all maintenance required to be carried out on the line, including line defect rectification, is carried out to the standards specified in point 145.A.65(b), and is also responsible for any corrective action resulting from the quality compliance monitoring of point 145.A.200(a)(6) 145.A.65(c). 5. The workshop manager is responsible for ensuring that all work on aircraft components is carried out to the standards specified in point 145.A.65(b), and is also responsible for any corrective action resulting from the quality compliance monitoring of point 145.A.200(a)(6) 145.A.65(c). 6. (reserved) The quality manager’s responsibility is specified in 145.A.30(c). 7. Notwithstanding the example sub-paragraphs 2 - 5 6 titles, the organisation may adopt any titles for the foregoing managerial positions, but it should identify to the competent authority the titles and the persons chosen to carry out these functions. 8. Where If an organisation chooses to appoint managers for all or any combination of the identified Part-145 functions because of the size of the undertaking, it is necessary that these managers should ultimately report to the accountable manager ultimately through either the base maintenance manager, or the line maintenance manager, or the workshop manager, or the quality compliance monitoring manager or the safety manager, as appropriate, to the accountable manager. NOTE: Ccertifying staff may report to any of the managers specified, depending upon which type of control the approved maintenance organisation uses (for example, licensed licenced engineers/independent inspection/dual function supervisors, etc.) so as long as the quality independence of the compliance monitoring function is ensured staff specified in 145.A.65(c)(1) remain independent. [Back to implementing rule:  145.A.30 Personnel requirements] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 58 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 GM1 145.A.30(b) Personnel requirements RESPONSIBILITY FOR ENSURING COMPLIANCE For day-to-day functions, the responsibility for ensuring that all maintenance activities are performed in accordance with the applicable requirements and procedures lies with the person(s) nominated in accordance with point 145.A.30(b). These nominated persons should demonstrate a complete understanding of the applicable requirements, and ensure that the organisation’s processes and standards accurately reflect the applicable requirements. It is their role to ensure that compliance is proactively managed, and that any early warning signs of non-compliance are documented and acted upon. [Back to implementing rule:  145.A.30 Personnel requirements] AMC1 145.A.30(c) Personnel requirements Monitoring the quality system Compliance monitoring may includes the need to involve the accountable manager and the nominated persons referred to in point 145.A.30(b) in requesting corrections and corrective remedial actions as necessary by the accountable manager and the nominated persons referred to in 145.A.30(b). [Back to implementing rule:  145.A.30 Personnel requirements] AMC1 145.A.30(c);(ca) Personnel requirements SAFETY MANAGEMENT AND COMPLIANCE MONITORING FUNCTION (a) Safety manager (1) The safety manager should act as the focal point for effective safety management processes, and be responsible for their development, administration and maintenance. (2) The functions of the safety manager should be to: (i) facilitate hazard identification, risk assessment and management; (ii) monitor the implementation of actions taken to mitigate risks, as listed in the safety action plan, unless action follow-up is addressed by the compliance monitoring function; (iii) provide periodic reports on safety performance to the safety review board; (iv) ensure the maintenance of safety management documentation; (v) ensure that there is safety training available, and that it meets acceptable standards; (vi) provide advice on safety matters; and TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 59 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (vii) ensure the initiation and follow-up of internal occurrence investigations. (3) If more than one person is designated for the safety management function, the accountable manager should identify the person who acts as the unique focal point (i.e. the ‘safety manager’). (b) The compliance monitoring function should ensure that: (1) the activities of the organisation are monitored for compliance with the applicable requirements and any additional requirements as established by the organisation, and that these activities are carried out properly under the supervision of the nominated persons referred to in points 145.A.30(b) to (ca). (2) any maintenance contracted to another maintenance organisation is monitored for compliance with the contract; (3) an audit plan is properly implemented, maintained, and continually reviewed and improved; and (4) corrections and corrective actions are requested as necessary. (c) The compliance monitoring manager should: (1) not be one of the persons referred to in point 145.A.30(b); (2) be able to demonstrate relevant knowledge, background and appropriate experience related to the activities of the organisation, including knowledge and experience in compliance monitoring; and (3) have access to all parts of the organisation, and as necessary, any subcontracted organisation. (d) If more than one person is designated for the compliance monitoring function, the accountable manager should identify the person who acts as the unique focal point (i.e. the ‘compliance monitoring manager’). (e) If the functions related to compliance monitoring or safety management are combined with other duties, the organisation should ensure that this does not result in any conflicts of interest. (f) If the same person is designated to manage both the compliance monitoring function and safety management-related processes and tasks, the accountable manager, with regard to his or her direct accountability for safety, should ensure that sufficient resources are allocated to both functions, taking into account the size of the organisation, and the nature and complexity of its activities. (g) Subject to a risk assessment and agreement by the competent authority, with due regard to the size of the organisation and the nature and complexity of its activities, the compliance monitoring manager role and/or safety manager role may be exercised by the accountable manager, provided that he or she has demonstrated the related competency as defined in point (c)(2). [Back to implementing rule:  145.A.30 Personnel requirements] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 60 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 GM1 145.A.30(ca) Personnel requirements SAFETY MANAGER (a) Depending on the size of the organisation and the nature and complexity of its activities, the safety manager may be assisted by additional safety personnel in performing all the safety management tasks defined in AMC1 145.A.200(a)(1). (b) Regardless of the organisational setup, it is important that the safety manager remains the unique focal point for the development, administration, and maintenance of the organisation’s management system. [Back to implementing rule:  145.A.30 Personnel requirements] AMC1 145.A.30(cc) Personnel requirements KNOWLEDGE, BACKGROUND AND EXPERIENCE OF NOMINATED PERSON(S) Persons or group(s) of persons nominated in accordance with points 145.A.30(b), (c) and (ca) should have: (a) practical experience and expertise in the application of aviation safety standards and safe operating practices; (b) knowledge of: (1) human factors principles; (2) safety management systems based on the EU management system requirements (including compliance monitoring) and ICAO Annex 19. (c) 5 years of relevant work experience, of which at least 2 years should be from the aeronautical industry in an appropriate position; (d) a relevant engineering degree or an aircraft maintenance technician qualification with additional education that is acceptable to the competent authority. ‘Relevant engineering degree’ means an engineering degree from aeronautical, mechanical, electrical, electronic, avionic or other studies that are relevant to the maintenance and continuing airworthiness of aircraft/aircraft components; The above recommendation may be replaced by 5 years of experience in addition to those already recommended by the paragraph (c) above. These 5 years should cover an appropriate combination of experience in tasks related to aircraft maintenance and/or continuing airworthiness management and/or the surveillance of such tasks; (e) thorough knowledge of the organisation's MOE; (f) knowledge of a relevant sample of the type(s) of aircraft or components gained through a formalised training course. These courses could be provided by a Part-147 organisation, by the manufacturer, by the Part-145 organisation or by any other organisation accepted by the TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 61 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 competent authority. Aircraft/engine type training courses should be at least at a level equivalent to the Part-66 Appendix III Level 1 General Familiarisation. ‘Relevant sample’ means that these courses should cover typical aircraft or components that are within the scope of work. For all balloons and any other aircraft of 2 730 kg MTOM or less, the formalised training courses may be replaced by a demonstration of the required knowledge by providing documented evidence, or by an assessment performed by the competent authority. This assessment should be recorded; (g) knowledge of the relevant maintenance methods; (h) knowledge of the applicable regulations. [Back to implementing rule:  145.A.30 Personnel requirements] AMC1 145.A.30(d) Personnel requirements SUFFICIENT NUMBER OF PERSONNEL […] 4. For In the case of aircraft base maintenance, the maintenance man-hour plan should relate to the aircraft hangar visit plan as specified in AMC1 145.A.25(a). 5. For In the case of aircraft component maintenance, the maintenance man-hour plan should relate to the aircraft component planned maintenance as specified in point 145.A.25(a)(2). 6. The quality monitoring man-hours allocated to the compliance monitoring function man-hours should be sufficient to meet the requirement of point 145.A.200(a)(6) 145.A.65(c), which means taking into account AMCs to 145.A.200(a)(6) AMC 145.A.65(c). Where If the quality compliance monitoring staff also perform other functions, the time allocated to such those functions needs to be taken into account in determining the number of quality compliance monitoring staff numbers. 7. The maintenance man-hour plan should be reviewed at least every 3 months and updated when necessary. 8. Significant deviations from the maintenance man-hour plan should be reported through the departmental responsible manager to the quality compliance monitoring manager, the safety manager and the accountable manager for review, as well as through the internal safety reporting scheme. A Ssignificant deviation means that there is more than a 25 % shortfall in the available man-hours during a calendar month for any one of the functions specified in point 145.A.30(d). 9. In addition, as part of its management system in accordance with point 145.A.200, the organisation should have a procedure to assess and mitigate the risks: (1) if the actual number of staff available is less than the planned staffing level for any particular work shift or period; TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 62 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (2) if there is a temporary increase in the proportion of subcontracted staff in order to meet specific operational needs. [Back to implementing rule:  145.A.30 Personnel requirements] AMC1 145.A.30(e) Personnel requirements COMPETENCY ASSESSMENT Competence Competency should be defined as a measurable skill or standard of performance, knowledge and understanding, taking into consideration attitude and behaviour. The referenced procedure requires amongst others that planners, mechanics, specialised services staff, supervisors, certifying staff and support staff, whether employed or contracted, are assessed for competence competency before unsupervised work commences and competence competency is controlled on a continuous basis. Competence Competency should be assessed by the evaluation of:  on-the-job performance and/or testing of knowledge by appropriately qualified personnel, and  records for basic, organisational, and/or product type and differences training, and  experience records. Validation of the above could include a confirmation check with the organisation(s) that issued such the document(s). For that purpose, experience/training may be recorded in a document such as a log book, or based on the suggested template in GM3 145.A.30(e). As a result of this assessment, an individual’s qualifications should determine:  which level of ongoing supervision would be required or and whether unsupervised work could be permitted.;  whether there is a need for additional training. A record of should be kept such of each individual’s qualifications and competence competency assessment should be kept (refer also to point 145.A.55(d)). This should include copies of all documents that attest to their qualifications, such as the a licence and/or any authorisation held, as applicable. For a proper competence competency assessment of its personnel, the organisation should consider that: 1. In accordance with the job function, adequate initial and recurrent training should be provided and recorded to ensure continued competence competency so that it is maintained throughout the duration of the employment/contract. 2. All staff should be able to demonstrate knowledge of, and compliance with, the maintenance organisation’s procedures, as applicable to their duties. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 63 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 3. All staff should be able to demonstrate an understanding of the safety management principles, human factors and human performance issues in relatedion with to their job function, and be trained as per AMC2 145.A.30(e). 4. To assist in the assessment of competence competency and to establish the training needs analysis, job descriptions are recommended for each job function in the organisation. Job descriptions should contain sufficient criteria to enable the required competence competency assessment. 5. Criteria should allow the assessment to establish that, among others aspects (titles might be different in each organisation):  Managers are able to properly manage the work output, processes, resources and priorities described in their assigned duties, accountabilities and responsibilities in accordance with the safety policy and objectives and in compliance with the applicable requirements in a safe compliant manner in accordance with regulations and organisation procedures.  Planners are able to interpret maintenance requirements into maintenance tasks, and have an understanding that they have no authority to deviate from the maintenance data.  Supervisors are able to ensure that all the required maintenance tasks are carried out and, where if they are not completed or where it is evident that a particular maintenance task cannot be carried out according to the maintenance data, then such that these problems will be adequately addressed to eliminate the non-compliance, and reported through the internal safety reporting scheme to prevent their reoccurrence to the 145.A.30(c) person for appropriate action. In addition, for those supervisors, who also carry out maintenance tasks, the assessment should ensure that they understand that such tasks should not be undertaken when if they are incompatible with their management responsibilities.  Mechanics are able to carry out maintenance tasks to any standard specified in the maintenance data, and will notify their supervisors of any defects or mistakes that requireing rectification to re-establish required maintenance standards.  Specialised services staff are able to carry out specialised maintenance tasks to the standard specified in the maintenance data. They should be able to communicate with their supervisors and report accurately when necessary.  Support staff are able to determine that the relevant tasks or inspections have been carried out to the required standard.  Certifying staff are able to determine when the aircraft or aircraft component maintenance is ready to be released to service, and when it should not be released to service.  Quality audit Compliance monitoring staff are able to monitor compliance with Part-145 this Regulation and to identifying non-compliances in an effective and timely manner so that the organisation may remain in compliance with this Regulation Part-145. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 64 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  Staff who have been designated safety management responsibilities are familiar with the relevant processes in terms of hazard identification, risk management, and the monitoring of safety performance.  All staff are familiar with the safety policy and the procedures and tools that can be used for internal safety reporting. Competence The competency assessment should be based upon the procedure specified in GM2 145.A.30(e). [Back to implementing rule:  145.A.30 Personnel requirements] AMC2 145.A.30(e) Personnel requirements SAFETY TRAINING (INCLUDING HUMAN FACTORS) Refer to the definition of safety training in GM1 to Annex II (Part-145). (a) With In respect to the understanding of the application of safety management, human factors and human performance issues, all maintenance organisation personnel should have received an initial and recurrent continuation human factors safety training, appropriate for their responsibilities. This should concern include to a minimum at least the following staff members:  Post-holders Nominated persons, line managers, supervisors;  Certifying staff, support staff and mechanics;  Technical support personnel such as planners, engineers, technical record staff;  Quality control/assurance staff Persons involved in any compliance monitoring and/or safety management-related processes and tasks, including the application of human factors principles, internal investigations and safety training;  Specialised services staff;  Human factors staff/human factors trainers;  Stores department staff, purchasing department staff;  Ground equipment operators. The generic term ‘line managers’ refers to departmental heads or persons responsible for operational departments or functional units that are directly involved in the delivery of the basic maintenance services of the organisation. (b)1. Initial human factors safety training should cover all the topics of the training syllabus specified in GM1 145.A.30(e) either as a dedicated course or else integrated within other training. The syllabus may be adjusted to reflect the particular nature of the organisation. The syllabus may also be adjusted to meet suit the particular nature of work for each function within the organisation. For example: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 65 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  small organisations that do not working in shifts may cover in less depth subjects related to teamwork and communication in less depth;  planners may cover in more depth the scheduling and planning objectives of the syllabus, and in less depth the objective of developing skills for shift working. All personnel, including personnel being recruited from any other organisation, should receive initial human factors safety training that is compliant with the organisation’s training standards prior to commencing the actual job function, unless their competence competency assessment justifies that there is no need for such a training. New,ly directly employed personnel who working under direct supervision may receive training within 6 months after joining the maintenance organisation. (c)2. The purpose of human factors continuation recurrent safety training is primarily to ensure that staff remain current in terms of SMS principles and human factors, and also to collect feedback on safety and human factors issues. Consideration should be given to the possibility that such training has the involvingement of the quality department compliance monitoring staff and the key safety management personnel in this training. There should be a procedure to ensure that feedback is formally reported by passed from the trainers through the internal safety reporting scheme to the quality department to initiate action where necessary. Recurrent safety training should be delivered either as a dedicated course or integrated within other training. Human factors continuation training It should be of an appropriate duration in each two year 2-year period in relation to the relevant compliance monitoring quality audit findings and other internal/external sources of information available to the organisation on safety and human errors factors maintenance issues in maintenance available to the organisation. (d)3. Human factors Safety training should be delivered by a competent trainer, and may be conducted by the maintenance organisation itself, or independent trainers, or any training organisations acceptable to the competent authority. (e)4. The human factors safety training procedures should be specified in the maintenance organisation exposition MOE. [Back to implementing rule:  145.A.30 Personnel requirements] AMC3 145.A.30(e) Personnel requirements Additional training in fuel tank safety, as well as the associated inspection standards and maintenance procedures, should be required for staff for maintenance organisations’ technical personnel, especially technical personnel involved in the compliance of CDCCL tasks. EASA Guidance is provided for the training to of maintenance organisation personnel is provided in Appendix IV to AMC3 145.A.30(e) and AMC2 145.B.200(a)(3) 145.B.10(3). [Back to implementing rule:  145.A.30 Personnel requirements] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 66 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC4 145.A.30(e) Personnel requirements Competence Competency assessments should include the verification for the check whether there is a need of for additional EWIS training, if this is when relevant. EASA Guidance is provided for on EWIS training programmes to for maintenance organisation personnel is provided in AMC 20-22. [Back to implementing rule:  145.A.30 Personnel requirements] AMC5 145.A.30(e) Personnel requirements INITIAL AND RECURRENT TRAINING (a) Adequate initial and recurrent training should be provided and recorded to ensure that staff remain competent. (b) All prospective maintenance staff should be assessed for their competency related to their intended duties (see the definition of competency in GM1 to Annex II (Part-145). (c) The organisation should develop a procedure that describes the process for conducting competency assessments of personnel. The procedure should specify: (1) the persons who are responsible for this process; (2) when the assessments should take place; (3) how to give credit from previous assessments; (4) how to validate qualification records; (5) the means and methods to be used for the initial assessment; (6) the means and methods to be used for the continuous control of competency, including to gather feedback on the performance of personnel; (7) the aspects of competencies to be observed during the assessment in relation to each job function; (8) the actions to be taken if the assessment is not satisfactory; and (9) how to record the assessment results. (d) Competency may be assessed by having the person work under the supervision of another qualified person for a sufficient time to arrive at a conclusion. Sufficient time could be as little as a few weeks if the person is fully exposed to relevant work. The person need not be assessed against the complete spectrum of their intended duties. If the person has been recruited from another approved maintenance organisation, it is reasonable to accept a written confirmation from the previous organisation. [Back to implementing rule:  145.A.30 Personnel requirements] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 67 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 GM1 145.A.30(e) Personnel requirements TRAINING SYLLABUS FOR INITIAL HUMAN FACTORS SAFETY TRAINING The training syllabus below identifies the topics and subtopics to be addressed during the human factors safety training. The maintenance organisation may combine, divide, or change the order of any of the subjects of in the syllabus to suit its own needs, as long as all the subjects are covered to a level of detail that is appropriate for to the organisation and its personnel. Some of the topics may be covered in separate training courses (e.g. health and safety, management, supervisory skills, etc.) in which case duplication of the training is not necessary. Where possible, practical illustrations and examples should be used, especially accident and incident reports. Topics should be related to existing legislation, where relevant. Topics should be related to existing guidance/advisory material, where relevant (e.g. ICAO HF Digests and Training Manual). Topics should be related to maintenance engineering where possible; too much unrelated theory should be avoided. 1. General/Introduction to safety management and human factors 1.1. Need to address safety management and human factors 1.2. Statistics 1.3. Incidents 1a. Safety risk management 1a.1. Hazard identification 1a.2. Safety risk assessment 1a.3. Risk mitigation and management 1a.4. Effectiveness of safety risk management 2. Safety Culture/Organisational factors 2.1 Just culture 2.2 Reporting culture 2.3 Informed culture 2.4 Flexible culture/learning culture 3. Human Error error 3.1. Error models and theories 3.2. Types of errors in maintenance tasks 3.3. Violations 3.4. Implications of errors TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 68 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 3.5. Avoiding and managing errors 3.6. Human reliability 4. Human performance & limitations 4.1. Vision 4.2. Hearing 4.3. Information-processing 4.4. Attention and perception 4.5. Situational awareness 4.6. Memory 4.7. Claustrophobia and physical access 4.8. Motivation 4.9. Fitness/Health 4.10. Stress 4.11. Workload management 4.12. Fatigue and fatigue risk management 4.13. Alcohol, medication, drugs 4.14. Physical work 4.15. Repetitive tasks/complacency 5. Environment 5.1. Peer pressure 5.2. Stressors 5.3. Time pressure and deadlines 5.4. Workload 5.5. Shift Work 5.6. Noise and fumes 5.7. Illumination 5.8. Climate and temperature 5.9. Motion and vibration 5.10. Complex systems 5.11. Other hazards in the workplace 5.12. Lack of manpower 5.13. Distractions and interruptions TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 69 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 6. Procedures, information, tools and practices 6.1. Visual Inspection 6.2. Work logging and recording 6.3. Procedure - practice/mismatch/norms 6.4. Technical documentation - access and quality 6.5. Critical maintenance tasks and error-capturing methods (independent inspection, reinspection, etc.) 7. Communication 7.1. Shift/Task handover 7.2. Dissemination of information 7.3. Cultural differences 8. Teamwork 8.1. Responsibility 8.2. Management, supervision and leadership 8.3. Decision-making 9. Professionalism and integrity 9.1. Keeping up to date; currency 9.2. Avoiding eError-provoking behaviour 9.3. Assertiveness 10. Organisation’s HF safety programme 10.1. Safety policy and objectives, just culture principles 10.21. Reporting errors and hazards, internal safety reporting scheme 10.2. Disciplinary policy 10.3. Error Occurrence investigation process 10.4. Action to address problems 10.5. Feedback and safety promotion [Back to implementing rule:  145.A.30 Personnel requirements] GM2 145.A.30(e) Personnel requirements COMPETENCY ASSESSMENT The organisation should develop a procedure describing the process of competence assessment of personnel. The procedure should specify: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 70 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  persons responsible for this process,  when the assessment should take place,  credits from previous assessments,  validation of qualification records,  means and methods for the initial assessment,  means and methods for the continuous control of competence including feedback on personnel performance,  competences to be observed during the assessment in relation with each job function,  actions to be taken when assessment is not satisfactory,  recording of assessment results. An example of elements that may be considered during a competency assessment according to the job functions and the scope, size and complexity of the organisation, is given in the following table (not exhaustive): For example, according to the job functions and the scope, size and complexity of the organisation, the assessment may consider the following (the table is not exhaustive): and support staff monitoring staff Safety manager Certifying staff Quality audit Service staff Compliance and key SM Specialised Mechanics Supervisor personnel Managers Planners Knowledge of applicable officially recognised standards X X X Knowledge of auditing techniques: planning, conducting X X and reporting Knowledge of safety management, human factors, X X X X X X X X human performance and limitations, and just culture Knowledge of logistics processes X X X Knowledge of organisation capabilities, privileges and X X X X X X X limitations Knowledge of Part-M, Part-ML,Part-145 and any other X X X X X X relevant regulations Knowledge of relevant parts of the maintenance X X X X X X X X organisation exposition and procedures Knowledge of occurrence reporting system (mandatory and voluntary), internal reporting scheme and understanding of the importance of reporting X X X X X X occurrences, incorrect maintenance data and existing or potential defects Knowledge of safety risks linked to the working X X X X X X X X environment Knowledge on of CDCCL when relevant X X X X X X X Knowledge on of EWIS when relevant X X X X X X X TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 71 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 and support staff monitoring staff Safety manager Certifying staff Quality audit Service staff Compliance and key SM Specialised Mechanics Supervisor personnel Managers Planners Understanding of professional integrity, behaviour and X X X X X X X X attitude towards safety Understanding of conditions for ensuring continuing X X airworthiness of aircraft and components Understanding of his/her own human performance and X X X X X X X limitations Understanding of personnel authorisations and X X X X X X X limitations Understanding critical maintenance tasks X X X X X X Ability to compile and control completed work cards X X X Ability to consider human performance and limitations. X X X X X X Ability to determine required qualifications for task X X X performance Ability to identify and rectify existing and potential X X X X X X unsafe conditions Ability to manage third parties involved in maintenance X X activity Ability to confirm proper accomplishment of X X X X maintenance tasks Ability to identify and properly plan performance of X X X critical maintenance tasks Ability to prioritise tasks and report discrepancies X X X X Ability to process the work requested by the operator X X X Ability to promote the safety and quality policy X X X X Ability to properly process removed, uninstalled and X X X X rejected parts Ability to properly record and sign for work X X X X accomplished Ability to recognise the acceptability of parts to be X X installed prior to fitment Ability to split complex maintenance tasks into clear X stages Ability to understand work orders, work cards and refer X X X X X X to and use applicable maintenance data Ability to use information systems X X X X X X X X Ability to use, control and be familiar with required X X X X tooling and/or equipment Adequate communication and literacy skills X X X X X X X X Analytical and proven auditing skills (for example, X X objectivity, fairness, open-mindedness, determination, TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 72 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 and support staff monitoring staff Safety manager Certifying staff Quality audit Service staff Compliance and key SM Specialised Mechanics Supervisor personnel Managers Planners …) Maintenance error investigation skills X X Resources management and production planning skills X X X Teamwork, decision-making and leadership skills X X Ability to encourage a positive safety culture X X X X and apply a just culture [Back to implementing rule:  145.A.30 Personnel requirements] GM3 145.A.30(e) Personnel requirements TEMPLATE FOR RECORDING EXPERIENCE/TRAINING The following template may be used to record the professional experience gained in an organisation, and the training received and to be considered during the competence competency assessment of the an individual in another organisation. Aviation Maintenance personnel experience credential Name Given name Address Telephone E-mail Independent worker Trade Group: airframe engine electric avionics other (specify) ………………… Employer’s details (when applicable) Name Address Telephone Maintenance organisation details Name Address Telephone Approval Number Period of employment From: To: Domain of employment Planning Engineering Technical records Store department Purchasing Mechanics/Technician Line Maintenance Base Maintenance Component Maintenance Servicing Removal/installation Testing/inspection Scheduled Maintenance Inspection Repair TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 73 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Trouble-shooting Trouble-shooting Troubleshooting Overhaul Troubleshooting Repair Re-treatment Reassembly A/C type A/C type Component type Certifying Staff and support staff Cat. A Cat. B1 Cat. B2 Cat. C Component type Other (e.g. NDT) A/C Type A/C Type A/C Type A/C Type Component Type Specify Certification privileges: Yes / No Specialised services Speciality (NDT, composites, welding, etc.): Skilled personnel Speciality (sheet metal, structures, wireman, upholstery, etc.): Ground equipment operation Quality control Quality assurance Training Supervision Compliance monitoring Safety investigation Safety management Total number of check boxes ticked: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 74 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Details of employment Training received from the contracting organisation Date Nature of training Certified by: Name: Date: Position: Signature: Contact details: Advisory note: A copy of the present credentials will be kept for at least 3 years from its their issuance by the maintenance organisation. [Back to implementing rule:  145.A.30 Personnel requirements] GM4 145.A.30(e) Personnel requirements SAFETY TRAINER The competency of a trainer to conduct safety training should include: (a) an understanding of safety management and human factors in a maintenance environment at a level sufficient to teach the elements of the initial safety training syllabus (see GM1 145.A.30(e)); (b) a good understanding of training and facilitation techniques, and communication skills that enable the trainer to influence attitudes and behaviours; (c) experience within the aviation industry, or a suitable academic background; (d) knowledge of the organisation’s safety programme (Module 10 of GM1 145.A.30(e)). [Back to implementing rule: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 75 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  145.A.30 Personnel requirements] GM5 145.A.30(e) Personnel requirements COMPETENCY OF THE SAFETY MANAGER The competency of a safety manager should include, but not be limited to, the following: (a) knowledge of ICAO standards and European requirements on safety management; (b) an understanding of management systems, including compliance monitoring systems; (c) an understanding of risk management; (d) an understanding of safety investigation techniques; (e) an understanding of human factors; (f) understanding and promotion of a positive safety culture; (g) operational experience related to the activities of the organisation; (h) safety management experience; (i) interpersonal and leadership skills, and the ability to influence staff; (j) oral and written communications skills; (k) data management, analytical and problem-solving skills; (l) professional integrity. [Back to implementing rule:  145.A.30 Personnel requirements] GM6 145.A.30(e) Personnel requirements SAFETY TRAINING (INCLUDING HUMAN FACTORS) (a) The scope of the safety training and the related training programme will vary significantly depending on the size and complexity of the organisation. Safety training should reflect the evolving management system, and the changing roles of the personnel who make it work. (b) In recognition of this, training should be provided to management and staff at least: (1) during the initial implementation of safety management processes; (2) for all new staff or personnel recently allocated to any safety management related task; (3) on a regular basis to refresh their knowledge and to understand changes to the management system; (4) when changing roles affect their safety management roles, accountabilities, responsibilities, and authorities; and TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 76 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 NOTE: in the context of safety management, the term ‘authority’ is used in relation to the level of management in the organisation that is necessary to make decisions related to risk tolerability. (5) when performing dedicated safety functions in domains such as safety risk management, compliance monitoring, and internal investigations. (c) Safety training is subject to the record-keeping requirements in point 145.A.55(d). [Back to implementing rule:  145.A.30 Personnel requirements] AMC1 145.A.30(f) Personnel requirements […] 6. It should be noted that new methods are, and will be, developed, such as, but not limited to thermography and shearography, which are not specifically addressed by EN 4179. Until the time this agreed standard is established, such methods should be carried out in accordance with the particular equipment manufacturer’s recommendations, including any training and examination process to ensure the competence competency of the personnel in the process. 7. Any maintenance organisation approved under Part-145 that carries out NDT should establish NDT specialist qualification procedures that are detailed in the exposition and accepted by the competent authority. 8. Boroscoping and other techniques such as delamination coin tapping are non-destructive inspections rather than non-destructive testing. Notwithstanding such differentiation, the maintenance organisation should establish an exposition procedure that is accepted by the competent authority to ensure that personnel who carry out and interpret such inspections are properly trained and assessed for their competence competency in the process. Non-destructive inspections, which are not being considered as to be NDT by Part-145, are not listed in Appendix II under class rating D1. […] [Back to implementing rule:  145.A.30 Personnel requirements] AMC1 145.A.30(h) Personnel requirements In accordance with points 145.A.30(h) and 145.A.35, the qualification requirements (basic licence, aircraft ratings, recent experience and recurrent continuation training) are identical for certifying staff and for support staff. The only difference is that support staff cannot hold certification privileges when performing this role, since during base maintenance, the release to service will be issued by category C certifying staff. Nevertheless, the organisation may use as support staff (for base maintenance) persons who already hold certification privileges for line maintenance. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 77 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 [Back to implementing rule:  145.A.30 Personnel requirements] AMC1 145.A.30(j)(4) Personnel requirements 1. For the issue of a limited certification authorisation: (a) the commander should hold either an airline transport pilots license licence (ATPL), or a commercial pilots license licence (CPL) in accordance with Part-FCL. (b) The flight engineer should hold either an ATPL, CPL or a national flight engineer licence acceptable to the competent authority on the aircraft type. 2. In addition, the limited certification authorisation is subject to the maintenance organisation exposition MOE containing procedures to address the personnel requirements of point 145.A.30(e) and the associated AMC and guidance material. The procedures should be accepted by the competent authority and should include as a minimum: (a) Completion of adequate maintenance continuing airworthiness regulation training as related to maintenance. (b) Completion of adequate task training for the specific task on the aircraft. The task training should be of sufficient duration to ensure that the individual has a thorough understanding of the task to be completed, and that it will involve training in the use of the associated maintenance data. (c) Completion of the procedural training as specified in Part-145. 2.(i) Typical tasks that may be certified and/or carried out by the a commander who holdsing an ATPL or CPL are the minor maintenance or simple checks included in the following list: (a) The Rreplacement of internal lights, filaments and flash tubes. (b) The Cclosing of cowlings and refitment of quick access inspection panels. (c) Role changes, e.g. stretcher installation fit, dual controls, FLIR, doors, photographic equipment etc. (d) Inspection for, and removal of, de-icing/anti-icing fluid residues, including the removal/closure of panels, cowls or covers that are easily accessible, but that do not requireing the use of special tools. (e) Any check/replacement that involvesing simple techniques that are consistent with this AMC and that have been as agreed by the competent authority. 2.(ii) Holders of flight engineer licence acceptable to the competent authority on the aircraft type, may only exercise this limited certification authorisation privilege when performing the duties of a flight engineer. In addition to paragraph 2(i)(a) to (e) other typical minor maintenance or simple defect rectification tasks that may be carried out are included in the following list: (a) Replacement of wheel assemblies. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 78 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (b) Replacement of simple emergency equipment that is easily accessible. (c) Replacement of ovens, boilers and beverage makers. (d) Replacement of external lights. (e) Replacement of passenger and cabin crew seats, seat belts and harnesses. (f) Simple replacement of overhead storage compartment doors and cabin furnishing items. (g) Replacement of static wicks. (h) Replacement of aircraft main and APU aircraft batteries. (i) Replacement of in-flight entertainment system components other than public address. (j) The de-activation only of sub-systems and aircraft components as permitted by the operator's minimum equipment list where such de-activation is agreed by the competent authority as a simple task. (k) Re-setting of tripped circuit breakers under the guidance of maintenance control. (l) Any other task agreed by the competent authority as a simple task for a particular aircraft type. 3. The validity of the authorisation should be limited to have a finite life of twelve 12 months, and may be renewed subject to if there has been satisfactory re-current recurrent training on the applicable aircraft type. [Back to implementing rule:  145.A.30 Personnel requirements] GM 145.A.30(j)(4) Personnel requirements (Flight crew) For the holder of a flight engineer licence acceptable to the competent authority appendix 1 to JAR FCL 4.160 Technical Training Course (TTC) details the following subjects: Familiarisation with basic maintenance procedures, to give additional technical background knowledge, especially with respect to the implication of systems malfunctions, and to train the applicant in maintenance related to the Minimum equipment list (MEL). The theoretical knowledge instruction consists of 100 hours and includes the following elements: 1. Airframe and systems 2. Electrics 3. Powerplant and emergency equipment 4. Flight instruments and automatic flight control systems Practical skills training provided by an organisation approved under Part-145 is given which includes 35 hours practical experience in the following subjects: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 79 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  Fuselage and flight controls,  Engines,  Instruments,  Landing gear and brakes,  Cabin/cockpit/emergency equipment,  De-icing/anti-icing related maintenance activities;  Ground handling and servicing,  Certificate of completion. Following successful completion of the technical training, the training organisation carrying out the theoretical knowledge instruction and/or the practical skill training should provide the applicant with a certificate of satisfactory completion of the course, or part thereof. [Back to implementing rule:  145.A.30 Personnel requirements] AMC1 145.A.30(j)(5) Personnel requirements 1. For the purposes of this sub-paragraph, ‘unforeseen’ means that the grounding of the aircraft grounding could not reasonably have been predicted by the operator because the defect was unexpected, due to it being part of a hitherto reliable system. 2. Issuing Aa one-off authorisation should only be considered for issue under the responsibility of the compliance monitoring manager by the quality department of the contracted organisation after it has made a reasoned judgement was made that such an authorisation requirement is appropriate under the circumstances, and while at the same time that it maintainsing the required airworthiness standards. The organisation’s compliance monitoring personnel quality department will need to should assess each situation individually prior to the issuingance of a one-off authorisation, and it may request the safety management personnel to perform a safety risk assessment. 3. A one-off authorisation should not be issued where if the level of certification required could exceed the knowledge and experience level of the person it is issued to. In all cases, due consideration should be given to the complexity of the work involved and the availability of the required tooling and/or test equipment needed to complete the work. [Back to implementing rule:  145.A.30 Personnel requirements] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 80 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC1 145.A.30(j)(5)(i) Personnel requirements In those situations where the requirement for If a one-off authorisation to issue a CRS for a task on an aircraft type for which certifying staff does not hold a type-rated authorisation has been identified is necessary, the following procedure is recommended: 1. The Fflight crew should communicate full details of the defect to the operator’s supporting maintenance organisation. If necessary, the supporting maintenance organisation will then request the use of a one-off authorisation from the compliance monitoring personnel quality department. 2. When issuing a one-off authorisation, the compliance monitoring personnel, quality department of the organisation should verify that: (a) Full technical details relating to the work required to be carried out have been established and passed on to the certifying staff. (b) The organisation has an approved procedure in place for coordinating and controlling the total maintenance activity undertaken at the location under the authority of the one-off authorisation. (c) The person to whom a one-off authorisation is issued has been provided with all the necessary information and guidance relating to maintenance data, and any special technical instructions associated with the specific task undertaken. A detailed step-by-step worksheet has been defined by the organisation, and has been communicated to the holder of the one-off authorisation holder. (d) The person holds authorisations of equivalent levels and scopes on other aircraft types that have of similar technology, construction and systems. 3. The holder of the one-off authorisation holder should sign off the detailed step-by-step worksheet when completing the work steps. The completed tasks should be verified by visual examination and/or normal system operation upon return to an appropriately approved Part-145 maintenance facility. [Back to implementing rule:  145.A.30 Personnel requirements] AMC1 145.A.30(j)(5)(ii) Personnel requirements This paragraph addresses the requirements for staff who are not employed by the maintenance organisation, but who meet the requirements of point 145.A.30(j)(5). In addition to the items listed in AMC 145.A.30(j)(5)(i), paragraph points 1, 2(a), (b) and (c) and 3, the compliance monitoring personnel quality department of the organisation may issue such a one-off authorisation providing provided that full qualification details relating to the qualifications of the proposed certifying personnel are verified by the compliance monitoring personnel quality department and made available at the location. [Back to implementing rule: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 81 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  145.A.30 Personnel requirements] AMC1 145.A.35(a) Certifying staff and support staff 1. Holding a Part-66 licence with the relevant type/group rating, or a national qualification in the case of components, does not mean by itself that the holder is qualified to be authorised as certifying staff and/or support staff. The organisation is responsible to for assessing the competence competency of the holder for the scope of the maintenance to be authorised. […] 4. The satisfactory assessment of the competence competency of the holder should be conducted in accordance with a procedure approved by the competent authority (item 3.4 of the MOE, as described in AMC1 145.A.70(a)). 5. The organisation should hold copies of all the documents that attest to the competence competency and recent experience of the holder for the period described in point 145.A.55(d)(4) 145.A.35(j). Additional information is provided in AMC 66.A.20(b)3. [Back to implementing rule:  145.A.35 Certifying staff and support staff] AMC1 145.A.35(d) Certifying staff and support staff 1. Continuation Recurrent training is a two-way process to ensure that certifying staff remain current in terms of the necessary procedures, safety management, human factors and technical knowledge, and that the organisation receives feedback on the adequacy of its procedures and maintenance instructions. Due to the interactive nature of this training, consideration should be given to the possibility that such training has the involvingement of the compliance monitoring staff and the key safety management personnel in this training quality department to ensure that feedback is actioned. Alternatively, there There should be a procedure to ensure that feedback is formally reported by passed from the trainers through the internal safety reporting scheme training department to the quality department to initiate action. 2. Continuation Recurrent training should cover any changes made to in the relevant requirements such as Part-145, changes in to the organisation’s procedures, safety policy and objectives, and or to the modification standard of the products being maintained, plus as well as any human factors and safety issues identified from any internal or external analysis of incidents. It should also address any instances where in which staff failed to follow the procedures, and the reasons why particular procedures were are not always followed. In many cases, the continuation recurrent training will reinforce the need to follow the procedures and will ensure that any incomplete or incorrect procedures are identified to the company in order so that they can be corrected. This does not preclude the possible need It may be necessary to carry out an quality audit of such these procedures. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 82 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 3. Continuation Recurrent training should be of sufficient duration in each 2-year period to meet the intent of point 145.A.35(d) and may be split into a number of separate elements. Point 145.A.35(d) requires such a training to keep certifying staff updated in terms of relevant technology, procedures, safety management and human factors issues which means it is one part of ensuring compliance quality. Therefore, sufficient duration should be related to relevant quality audit findings and other internal / external sources of information available to the organisation on human errors and safety issues in maintenance. This means that in the case of an organisation that maintains aircraft with few relevant quality audit findings, hazards and related safety risks identified, continuation recurrent training could be limited to days rather than weeks, whereas in the case of a similar organisation with a number of relevant quality audit findings, hazards and related safety risks identified, such a training may take several weeks. For an organisation that maintains aircraft components, the duration of continuation recurrent training would follow the same philosophy but should be scaled down to reflect the more limited nature of the activity. For example, certifying staff who release hydraulic pumps may only require a few hours of continuation recurrent training, whereas those who release turbine engines may only require a few days of such a training. The content of continuation recurrent training should be related to relevant quality audit findings, hazards and related safety risks identified. It and it is recommended that such a training is reviewed at least once in every 24-month period. 4. The method of training is intended to be a flexible process, and this training could, for example, be provided by include a Part-147 organisation continuation training course, an aeronautical college courses, by the Part-145 organisation, or by another training or maintenance organisation internal short duration courses, seminars, etc. The elements, general content and length of such a training should be specified in the maintenance organisation exposition MOE unless such training is undertaken by an organisation approved under Part-147 when such details may be specified under the approval and cross referenced in the maintenance organisation exposition. [Back to implementing rule:  145.A.35 Certifying staff and support staff] AMC1 145.A.35(e) Certifying staff and support staff The programme for continuation recurrent training should list all certifying staff and support staff and when the training will take place, the elements of such a training, and an indication that it was carried out reasonably on time as planned. Such information should subsequently be transferred to the certifying staff and to the support staff records as required by point 145.A.55(d)(3) 145.A.35(j). [Back to implementing rule:  145.A.35 Certifying staff and support staff] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 83 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC1 145.A.35(f) Certifying staff and support staff As stated in point 145.A.35(f), except where any of the unforeseen cases of point 145.A.30(j)(5) applies, all prospective certifying staff and support staff should be assessed for their competence competency related to their intended duties in accordance with AMCs 1, 2, 3, and 4 and 5 to point 145.A.30(e), as applicable. [Back to implementing rule:  145.A.35 Certifying staff and support staff] AMC1 145.A.45(c) Maintenance data 1. The referenced procedure should ensure that when maintenance personnel discover inaccurate, incomplete or ambiguous information in the maintenance data, they should record the details as part of the internal safety reporting scheme specified in point 145.A.202. The procedure should then ensure that the Part-145 approved maintenance organisation notifies the problem to the author of the maintenance data in a timely manner. A record of such communications to the author of the maintenance data should be retained by the Part- 145 approved organisation until such time as the type certificate holder has clarified the issue by e.g. amending the maintenance data. 2. The referenced procedure should be specified in the maintenance organisation exposition MOE. [Back to implementing rule:  145.A.45 Maintenance data] AMC1 145.A.45(d) Maintenance data The referenced procedure should address the need for a practical demonstration by the mechanic to the compliance monitoring quality personnel of the proposed modified maintenance instruction. Depending on the nature of the maintenance instruction modification, the safety management personnel may be required to perform a safety risk assessment. When satisfied, the quality compliance monitoring personnel should approve the modified maintenance instruction, and ensure that the type certificate or supplementary type certificate holder is informed of the modified maintenance instruction. The procedure should include a paper/electronic traceability of the complete process from start to finish, and ensure that the relevant maintenance instruction clearly identifies the modification. Modified maintenance instructions should only be used in the following circumstances: (a) Where the type certificate / supplementary type certificate holder’s original intent can be carried out in a more practical or more efficient manner. (b) Where the type certificate / supplementary type certificate holder’s original intent cannot be achieved by following the maintenance instructions. For example, where a component cannot be replaced following the original maintenance instructions. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 84 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (c) For the use of alternative tools / equipment. Important Note: Critical Design Configuration Control Limitations (CDCCL) are airworthiness limitations. Any modification of the maintenance instructions linked to CDCCL constitutes an aircraft modification that should be approved in accordance with Part 21. [Back to implementing rule:  145.A.45 Maintenance data] AMC1 145.A.45(e) Maintenance data 1. The maintenance organisation should:  accurately transcribe accurately the maintenance data onto such work cards or worksheets, or  make precise reference to the particular maintenance task(s) contained in such the maintenance data, which already identifies the task as a CDCCL where applicable. 2. Relevant parts of the organisation means, with regard to aircraft base maintenance, aircraft line maintenance, engine workshops, mechanical workshops and avionic workshops. Therefore, engine workshops, for example, should have a common system throughout such the engine workshops that may be different to from that in the aircraft base maintenance. 3. The workcards work cards should differentiate and specify, when relevant, disassembly, the accomplishment of tasks, reassembly and testing. In the case of a lengthy maintenance task involving a succession of personnel to complete such a task, it may be necessary to use supplementary workcards work cards or worksheets to indicate what was actually accomplished by each individual person. 4. Where required by the operator/CAMO to use their work card or worksheet system, the maintenance organisation should assess the system for compliance with the maintenance organisation procedures, for example, the subdivision of complex maintenance tasks into clear stages. [Back to implementing rule:  145.A.45 Maintenance data] AMC1 145.A.47(b) Production planning FATIGUE RISK MANAGEMENT (a) Human performance can be affected by excessive hours of duty and shift working, particularly with multiple shift periods, additional overtime or night work. Induced fatigue is one of the factors that contributes towards maintenance errors. In accordance with point 145.A.200(a)(3), these risks should be assessed and managed by the organisation, taking into account the size, nature, and complexity of the organisation and its operational working hours. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 85 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (b) In order to manage the risk related to the fatigue of personnel, the organisation should: (1) as part of its management system, develop, define and maintain a policy for the management of fatigue-related risks, and the related procedures; (2) define and use work schedules with maximum work and minimum rest hours that comply with the national and, when applicable, EU legislation on working time and taking into account the recommendations of Appendix H to Chapter 3 of ICAO Doc 9824; (3) ensure that existing internal reporting systems enable the identification of fatigue-related hazards; (4) assess and manage the risks raised by these reports in accordance with the organisation’s safety risk management procedures (see AMC1 145.A.200(a)(3)), and monitor the effectiveness of the related risk mitigation actions that are implemented; (5) provide training and safety promotion information/briefings on the management of fatigue. (c) The work hour limits defined under (b)(2) should not be exceeded merely for management convenience even when staff is willing to work extended hours. Without prejudice to the national and, when applicable, EU legislation on working time, in exceptional circumstances where the maximum work hours are to be exceeded (such as for urgent operational reasons), the organisation should carry out a risk assessment, and with the agreement of the individual staff member, it should be recorded how the increased fatigue risk will be mitigated. This may include: (1) additional supervision and independent inspection; (2) limitation of maintenance tasks to non-critical tasks; (3) use of additional rest breaks; (4) permission to nap in accordance with guidelines approved by the organisation. [Back to implementing rule:  145.A.47 Production planning] GM1 AMC 145.A.47(b) Production planning HUMAN PERFORMANCE AND FATIGUE (see definitions in GM1 to Annex II (Part-145)) (a) Limitations of human performance, in the context of planning safety related tasks, refers to the upper and lower limits, and variations, of certain aspects of human performance (Circadian rhythm / 24 hours body cycle) which personnel should be aware of when planning work and shifts. (b) With regard to fatigue, there are three primary factors that are relevant: (1) the amount of proper sleep; (2) the amount of time awake; TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 86 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (3) the time of day where work is performed. (c) Fatigue is also impacted by high workloads (mental and/or physical activity) and by the physical and mental health of the staff concerned. [Back to implementing rule:  145.A.47 Production planning] GM1 145.A.47(d) Production planning ‘External working team’ refers to an organisation that does not belong to the Part-145 organisation in whose facility the maintenance is being carrying out, and which is, for example (this list is not exhaustive):  contracted by the Part-145 maintenance organisation; or  subcontracted by the Part-145 maintenance organisation; or  contracted by the aircraft owner/CAMO. The objective of this requirement is to manage the risk involved in the actual execution of maintenance by the various organisations at the same location. Example: the need for one organisation to be informed that they should not put the aircraft in a certain configuration (regarding electrical power, hydraulic power, the flight control configuration, the aeroplane on jacks, etc.) if this is could adversely affect the work performed by another organisation. Note: please refer to the difference between contracting and subcontracting maintenance activities in GM2 145.A.205. [Back to implementing rule:  145.A.47 Production planning] AMC1 145.A.48(a) AMC 145.A.80 Limitations on the organisation Performance of maintenance This paragraph is intended to cover the situation where the larger organisation may temporarily not hold all the necessary tools, equipment, etc., for an aircraft type or variant, or component specified in the organisation's scope of work approval. This paragraph means that the competent authority need not amend the approval to delete the aircraft type or variants on the basis that it is a temporary situation and there is a commitment from the organisation to re-acquire tools, equipment etc. before maintenance on the type may recommence. [Back to implementing rule:  145.A.48 Performance of maintenance] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 87 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC1 145.A.48(c)(2) AMC1 145.A.48(b) Performance of maintenance The procedure should identify the error-capturing methods, the critical maintenance tasks, the training and the qualifications of staff who applying error-capturing methods, and how the organisation ensures that its staff is familiar with critical maintenance tasks and error-capturing methods. [Back to implementing rule:  145.A.48 Performance of maintenance] AMC2 145.A.48(c)(2) AMC2 145.A.48(b) Performance of maintenance CRITICAL MAINTENANCE TASKS (a) The procedure should ensure that the following maintenance tasks are reviewed to assess their impact on flight safety: (1) tasks that may affect the control of the aircraft’s flight path and attitude, such as the installation, rigging and adjustments of flight controls; (2) aircraft stability control systems (autopilots, fuel transfer); (3) tasks that may affect the propulsive force of the aircraft, including the installation of aircraft engines, propellers and rotors; and (4) the overhaul, calibration or rigging of engines, propellers, transmissions and gearboxes. (b) The procedure should describe which data sources are used to identify critical maintenance tasks. Several data sources may be used, such as: (1) information from the design approval holder; (2) accident reports; (3) the investigation and follow-up of incidents; (4) occurrence reporting; (5) flight data analysis, where this is available from the operator/CAMO; (6) the results of audits; (7) monitoring schemes for normal operations monitoring schemes, where these are available from the operator/CAMO; and (8) feedback from training. [Back to implementing rule:  145.A.48 Performance of maintenance] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 88 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC3 145.A.48(c)(2) AMC3 145.A.48(b) Performance of maintenance ERROR-CAPTURING METHODS (a) Error-capturing methods are those actions defined by the organisation to detect maintenance errors that are made when while performing maintenance. (b) The organisation should ensure that the error-capturing methods are adequate for the work and the disturbance of the system. A combination of several actions (e.g. visual inspections, operational checks, functional tests, rigging checks) may be necessary in some cases. [Back to implementing rule:  145.A.48 Performance of maintenance] AMC4 145.A.48(c)(2) AMC4 145.A.48(b) Performance of maintenance INDEPENDENT INSPECTION Independent inspection is one possible error-capturing method. (a) What is an independent inspection An independent inspection is an inspection performed by an ‘independent qualified person’ of a task carried out by an ‘authorised person’, taking into account that: (1) the ‘authorised person’ is the person who performs the task or supervises the task, and they assume the full responsibility for the completion of the task in accordance with the applicable maintenance data; (2) the ‘independent qualified person’ is the person who performs the independent inspection and attests to the satisfactory completion of the task, and that no deficiencies have been found. The ‘independent qualified person’ does not issue a certificate of release to service, therefore they are not required to hold certification privileges; (3) the ‘authorised person’ issues the certificate of release to service or signs off the completion of the task after the independent inspection has been carried out satisfactorily; (4) the work card system used by the organisation should record the identification of both persons and the details of the independent inspection as necessary before the certificate of release to service or the sign-off for the completion of the task is issued. (b) Qualifications of persons performing independent inspections The organisation should have procedures to demonstrate that the ‘independent qualified person’ has been trained and has gained experience in the specific type of inspection to be performed. The organisation could consider making use of, for example: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 89 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (1) staff who holding a certifying staff, or support staff, or sign-off authorisation or equivalent that is necessary to release or sign off the critical maintenance task; (2) staff who holding a certifying staff, or support staff, or sign-off authorisation or equivalent that is necessary to release or sign off similar tasks in a product of a similar category, and who haveving received specific practical training in the task to be inspected; or (3) a commander who holdsing a limited certification authorisation in accordance with point 145.A.30(j)(4) and hasving received adequate practical training and hasving enough experience in the specific task to be inspected, and on how to perform independent inspections. (c) How to perform an independent inspection An independent inspection should ensure the correct assembly, locking and sense of operation of the parts involved. When inspecting control systems that have undergone maintenance, the independent qualified person should consider the following points independently: (1) all those parts of the system that have actually been disconnected or disturbed should be inspected for their correct assembly and locking; (2) the system as a whole should be inspected for full and free movement over the complete range; (3) cables should be tensioned correctly with adequate clearance at secondary stops; (4) the operation of the control system as a whole should be observed to ensure that the controls are operateing in the correct sense; (5) if different control systems are interconnected so that they affect each other, all the interactions should be checked through the full range of the applicable controls; and (6) software that is part of the critical maintenance task should be checked, for example: its version, and its compatibility with the aircraft configuration. (d) What to do in unforeseen cases when only one person is available REINSPECTION: (1) Reinspection is an error-capturing method that is subject to the same conditions as an independent inspection is, except that the ‘authorised person’ who performsing the maintenance task is also actsing as the ‘independent qualified person’, and performs the inspection. (2) Reinspection, as an error-capturing method, should only be performed in unforeseen circumstances when only one person is available to carry out the task and perform the independent inspection. The circumstances cannot be considered to be unforeseen if the person or organisation has not assigned a suitable ‘independent qualified person’ to that particular line station or shift. (3) The certificate of release to service is issued after the task has been performed by the ‘authorised person’ and the reinspection has been carried out satisfactorily. The work TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 90 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 card system used by the organisation should record the identification and the details of the reinspection before the certificate of release to service for the task is issued. [Back to implementing rule:  145.A.48 Performance of maintenance] AMC1 145.A.48(c)(3) Performance of maintenance The procedures should be aimed at: (a) minimising multiple errors and preventing omissions. Therefore, the procedures should specify: (1) that every maintenance task is signed off only after completion; (2) how the grouping of tasks for the purpose of sign-off allows critical steps to be clearly identified; and (3) that work performed by personnel under supervision (i.e. temporary staff, trainees) is checked and signed off by an authorised person; (b) minimising the possibility of an error being repeated in identical tasks and, therefore, compromising more than one system or function. Thus, the procedures should ensure that no person is required to perform a maintenance task involving removal/installation or assembly/disassembly of several components of the same type fitted to more than one system, a failure of which could have an impact on safety, on the same aircraft or component during a particular maintenance check. However, in unforeseen circumstances when only one person is available, the organisation may make use of reinspection as described in point (d) of AMC4 145.A.48(b) AMC4 145.A.48(c)(2). [Back to implementing rule:  145.A.48 Performance of maintenance] GM1 145.A.48(c)(3) Performance of maintenance To minimise the risk of multiple errors or errors being repeated, the organisation may implement:  procedures to plan the performance by different persons of the same task in different systems;  duplicate independent inspection or re-inspection procedures. [Back to implementing rule:  145.A.48 Performance of maintenance] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 91 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 GM1 145.A.48(c)(4) GM 145.A.48(d) Performance of maintenance — critical design configuration control limitations (CDCCL) The organisation should ensure that when performing maintenance, the CDCCL are not compromised. The organisation should pay particular attention to possible adverse effects of any change to the wiring of the aircraft, even of a change not specifically associated with the fuel tank system. For example, it should be common practice to identify the segregation of fuel gauging system wiring as a CDCCL. The organisation can prevent adverse effects associated with changes to the wiring by standardising maintenance practices through training, and not through periodic inspections. Training should be provided to avoid indiscriminate routing and splicing of wires, and to provide comprehensive knowledge of critical design features of fuel tank systems that would be controlled by a CDCCL. Guidance on the training of maintenance organisation personnel is provided in Appendix IV to AMC3 145.A.35 145.A.30(e) and AMC2 145.B.200(a)(3) 145.B.10(3). [Back to implementing rule:  145.A.48 Performance of maintenance] GM1 AMC 145.A.50(a) Certification of maintenance ’Endangers the flight safety’ means any instances where safe operation could not be assured, or which could lead to an unsafe condition. It typically includes, but is not limited to, significant cracking, deformation, corrosion or failure of primary structure, any evidence of burning, electrical arcing, significant hydraulic fluid or fuel leakage, and any emergency system or total system failure. An airworthiness directive that is overdue for compliance is also considered to be a hazard to flight safety. However, the intent is not to require the maintenance organisation to find or become responsible for hidden non-compliances which are not expected to be discovered during the ordered maintenance. A certificate of release to service issued by a maintenance organisation certifies that the performed maintenance work has been completed in accordance with the applicable regulations and the maintenance organisation’s approved procedures. In the case of aircraft maintenance, it does not necessarily mean that the aircraft is in airworthy condition. Ensuring that the aircraft is airworthy before each flight always remains the responsibility of the owner/operator/CAMO. [Back to implementing rule:  145.A.50 Certification of maintenance] AMC1 145.A.50(b) Certification of maintenance 1. The certificate of release to service should contain the following statement: ‘Certifies that the work specified, except as otherwise specified, was carried out in accordance with Part-145 and in respect to that work, the aircraft/aircraft component is considered ready for release to service’. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 92 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Reference should also be made to the EASA Part-145 approval number and the identity of the person who issued the release. […] [Back to implementing rule:  145.A.50 Certification of maintenance] AMC1 145.A.50(e) Certification of maintenance 1. Being unable to establish full compliance with point sub-paragraph Part- 145.A.50(a) means that the maintenance required by the aircraft operator could not be completed due to either to running out of available aircraft maintenance downtime for the scheduled check, or by virtue of the condition of the aircraft, requiring additional maintenance downtime. […] [Back to implementing rule:  145.A.50 Certification of maintenance] AMC1 145.A.55 Record-keeping GENERAL (a) The record-keeping system should ensure that all records are accessible within a reasonable time whenever they are needed. These records should be organised in a manner that ensures their traceability and retrievability throughout the required retention period. (b) Records should be kept in paper form, or in electronic format, or a combination of the two. Records that are stored on microfilm or in optical disc formats are also acceptable. The records should remain legible throughout the required retention period. The retention period starts when the record is created or was last amended. (c) Paper systems should use robust materials which can withstand normal handling and filing. Computer record systems should have at least one backup system, which should be updated within 24 hours of any new entry. Computer record systems should include safeguards to prevent unauthorised personnel from altering the data. (d) All computer hardware that is used to ensure the backup of data should be stored in a different location from the one that contains the working data, and in an environment that ensures that the data remains in good condition. When hardware or software changes take place, special care should be taken to ensure that all the necessary data continues to be accessible through at least the full period specified in the relevant provision. In the absence of any such indications, all records should be kept for a minimum period of 3 years. [Back to implementing rule:  145.A.55 Record-keeping] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 93 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 GM1 145.A.55 Record-keeping RECORDS Microfilming or optical storage of records may be carried out at any time. The records should be as legible as the original record, and remain so for the required retention period. [Back to implementing rule:  145.A.55 Record-keeping] GM1 145.A.55(a)(1) Record-keeping Maintenance and airworthiness review records MAINTENANCE RECORDS 1. Properly executed and retained maintenance records provide owners, operators and maintenance personnel with information essential in controlling unscheduled and scheduled maintenance, and trouble-shooting troubleshooting to eliminate the need for re-inspection and rework to establish airworthiness. The prime objective is to have secure and easily retrievable records with comprehensive and legible contents. The aircraft record should contain basic details of all serialised aircraft components and all other significant aircraft components installed, to ensure traceability to such installed aircraft component documentation and the associated maintenance data as specified in point 145.A.45. 2. Some gas turbine engines are assembled from modules, and a true total time in service for a total engine is not kept. When owners and operators wish to take advantage of the modular design, then the total time in service and the maintenance records for each module is are to be maintained. The maintenance records as specified are to be kept with the module and should show compliance with any mandatory requirements pertaining to that module. 3. Reconstruction of lost or destroyed maintenance records can be done by reference to other records which reflect the time in service, research of records maintained by repair facilities, and reference to records maintained by individual mechanics etc. When these things have been done and the record is still incomplete, the owner/operator may make a statement in the new record describing the loss, and establishing the time in service based on the research and the best estimate of time in service. The reconstructed records should be submitted to the competent authority for acceptance. Note: Additional maintenance may be required. 4. The maintenance record can be either a paper or computer system or any combination of both. 5. Paper systems should use robust material which can withstand normal handling and filing. The record should remain legible throughout the required retention period. 6. Computer systems may be used to control maintenance and/or record details of maintenance work carried out. Computer systems used for maintenance should have at least one backup TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 94 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 system which should be updated at least within 24 hours of any maintenance. Each terminal is required to contain programme safeguards against the ability of unauthorised personnel to alter the database. [Back to implementing rule:  145.A.55 Record-keeping] AMC1 145.A.55(a)(3) AMC 145.A.55(c) Record-keeping Maintenance and airworthiness review records MAINTENANCE RECORDS ’Associated maintenance data’ is specific information such as repair and modification data. This does not necessarily require the retention of all Aircraft Maintenance Manuals, Component Maintenance Manuals, IPC etc. issued by the TC holder or STC holder. Maintenance records should refer to the revision status of the data used. [Back to implementing rule:  145.A.55 Record-keeping] AMC1 145.A.55(d) AMC 145.A.35(j) Certifying staff and support staff Record-keeping RECORDS OF CERTIFYING STAFF AND SUPPORT STAFF 1. The following minimum information, as applicable, should be kept on record in respect of each certifying staff and or support staff: (a) Name (b) Date of Bbirth (c) Basic Ttraining (d) Type Ttraining (e) Continuation Recurrent Ttraining (f) Experience (g) Qualifications relevant to the authorisation (h) Scope of the authorisation (i) Date of first issue of the authorisation (j) If appropriate - expiry date of the authorisation (k) Identification Nnumber of the authorisation 2. The record may be kept in any format but should be controlled by the organisation's compliance monitoring function quality department. This does not mean that the compliance monitoring manager quality department should run the record system. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 95 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 3. The number of Ppersons authorised to access the system should be maintained kept to at a minimum to ensure that records cannot be altered in an unauthorised manner, or and that such confidential records do not become accessible to any unauthorised persons. 4. The competent authority is an authorised person when investigating the records system for initial certification and oversight continued approval or when the competent authority has cause to doubt the competence competency of a particular person. [Back to implementing rule:  145.A.55 Record-keeping] AMC2 145.A.55(d) AMC 145.A.36 Record-keeping Records of airworthiness review staff RECORDS OF AIRWORTHINESS REVIEW STAFF The following minimum information, as applicable, should be kept on record in respect of each airworthiness review staff: (a) nName; (b) dDate of birth; (c) cCertifying staff authorisation; (d) eExperience as certifying staff on ELA1 aircraft covered by Part-ML; (e) qQualifications relevant to the approval (knowledge of relevant parts of Part-ML and knowledge of the relevant airworthiness review procedures); (f) sScope of the airworthiness review authorisation and personal authorisation reference; (g) dDate of the first issue of the airworthiness review authorisation; and (h) iIf appropriate, expiry date of the airworthiness review authorisation. [Back to implementing rule:  145.A.55 Record-keeping] AMC 145.A.60(b) Occurrence reporting 1. The aim of occurrence reporting is to identify the factors contributing to incidents, and to make the system resistant to similar errors. 2. An occurrence reporting system should enable and encourage free and frank reporting of any (potentially) safety related occurrence. This will be facilitated by the establishment of a just culture. An organisation should ensure that personnel are not inappropriately punished for reporting or co-operating with occurrence investigations. 3. The internal reporting process should be closed-loop, ensuring that actions are taken internally to address safety hazards. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 96 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 4. Feedback to reportees, both on an individual and more general basis, is important to ensure their continued support for the scheme. [Back to implementing rule:  145.A.60 Occurrence reporting] AMC 145.A.65(a) Safety and quality policy, maintenance procedures and quality system The safety and quality policy should as a minimum include a statement committing the organisation to:  Recognise safety as a prime consideration at all times.  Apply Human factors principles.  Encourage personnel to report maintenance related errors/incidents.  Recognise that compliance with procedures, quality standards, safety standards and regulations is the duty of all personnel.  Recognise the need for all personnel to cooperate with the quality auditors. [Back to implementing rule:  145.A.65 Maintenance procedures] AMC1 145.A.65(b) Safety and quality policy, Maintenance procedures and quality system GENERAL 1. Maintenance procedures should be held current kept up to date such that they reflect the best practices within the organisation. It is the responsibility of all the organisation’s employees to report any differences via their organisation’s internal safety occurrence reporting scheme mechanisms. 2. All procedures, and changes to those procedures, should be verified and validated before use where practicable. 3. All technical procedures should be designed and presented in accordance with good human factors principles. [Back to implementing rule:  145.A.65 Maintenance procedures] GM1 145.A.65 Maintenance procedures HUMAN FACTORS PRINCIPLES TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 97 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 The following key points should be considered when designing and presenting technical procedures in accordance with good human factors principles: (a) The design of procedures and changes should involve maintenance personnel who have a good working knowledge of the tasks. (b) Ensure that the procedures are accurate, appropriate and usable, and reflect best practices. (c) Take account of the level of expertise and experience of the user; where appropriate, provide an abbreviated version of the procedure for use by experienced technicians. (d) Take account of the environment in which the procedures are to be used. (e) Ensure that all the key information is included without the procedure being unnecessarily complex. (f) Where appropriate, explain the reasons for the procedure. (g) The order of the tasks and the steps should reflect best practices, with the procedure clearly stating where the order of steps is critical, and where the order is optional. (h) Ensure consistency in the design of procedures and the use of terminology, abbreviations, references, etc. (i) For documents produced in the English language, use ‘simplified English’. [Back to implementing rule:  145.A.65 Maintenance procedures] GM2 145.A.65(b)(1) Safety and quality policy, Maintenance procedures and quality system Appendix V to AMC1 CAMO.A.315(c) Appendix XI to AMC M.A.708(c) provides guidance on the elements that need to be considered for the maintenance contract between the CAMO and the maintenance organisation. The Part-145 organisation should take into account these elements to ensure that a clear contract or work order has been concluded before providing maintenance services. [Back to implementing rule:  145.A.65 Maintenance procedures] AMC1 145.A.65(b)(2) Safety and quality policy, Maintenance procedures and quality system Specialised services include any specialised activity, such as, but not limited to non-destructive testing, that require particular skills and/or qualification. Point 145.A.30(f) covers the qualifications of personnel but, in addition, there is a need to establish maintenance procedures that cover the control of any specialised process. [Back to implementing rule: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 98 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  145.A.65 Maintenance procedures] AMC1 145.A.70(a) Maintenance organisation exposition (MOE) The following information should be included in the maintenance organisation exposition: The information specified in point 145.A.70(a) subparagraphs points (6) and (12) to (16) (17) inclusive, whilst a part of the MOE maintenance organisation exposition, may be kept as separate documents or on separate electronic data files subject to the management part of said exposition containing a clear cross-reference to such documents or electronic data files. The MOE exposition should contain the information, as applicable, specified in this AMC. The information may be presented in any subject order as long as all the applicable subjects are covered. Where an organisation uses a different format, for example, to allow the exposition to serve for more than one approval, then the exposition should contain a cross-reference Annex using this list as an index with an explanation as to where the subject matter can be found in the exposition. The exposition should contain information, as applicable, on how the maintenance organisation complies with the Critical Design Configuration Control Limitations’ (CDCCL) instructions. Small maintenance organisations may combine the various items to form a simple exposition that is more relevant to their needs. The operator may use electronic data processing (EDP) for the publication of the MOE maintenance organisation exposition. The MOE maintenance organisation exposition should be made available to the approving competent authority in a form that is acceptable to the competent authority. Attention should be paid to the compatibility of EDP publication systems with the necessary dissemination of the MOE maintenance organisation exposition, both internally and externally. PART 0 GENERAL ORGANISATION (Operators within the European Union) This section is reserved for those maintenance organisations approved under Part-145 who are also operators within the European Union. PART 1 MANAGEMENT GENERAL 1.1 Corporate commitment Statement by the accountable manager 1.2 Safety and quality policy and objectives 1.3 Management personnel 1.4 Duties and responsibilities of the management personnel 1.5 Management organisation chart 1.6 List of certifying staff, support staff and airworthiness review staff 1.7 Manpower resources 1.8 General description of the facilities at each address intended to be approved TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 99 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 1.9 Organisations intended scope of work 1.10 Notification pProcedure for changes requiring prior approval to the competent authority regarding changes to the organisation’s activities/approval/location/personnel 1.11 Procedure for Eexposition amendments procedures and changes not requiring prior approval including, if applicable, delegated procedures 1.12 Procedure for alternative means of compliance (AltMoC) PART 2 MAINTENANCE PROCEDURES 2.1 Supplier evaluation and subcontract control procedure 2.2 Acceptance/inspection of aircraft components and material from outside contractors 2.3 Storage, tagging and release of aircraft components and material to aircraft maintenance 2.4 Acceptance of tools and equipment 2.5 Calibration of tools and equipment 2.6 Use of tooling and equipment by staff (including alternate tools) 2.7 Cleanliness standards of maintenance facilities 2.8 Maintenance instructions and relationship to aircraft/aircraft component manufacturers’ instructions including updating and availability to staff 2.9 Repair procedure 2.10 Aircraft maintenance programme compliance 2.11 Airworthiness directives procedure 2.12 Optional modification procedure 2.13 Maintenance documentation in use and its completion 2.14 Technical record control 2.15 Rectification of defects arising during base maintenance 2.16 Release to service procedure 2.17 Records for the operator 2.18 Occurrence reporting of defects to the competent authority/operator/manufacturer 2.19 Return of defective aircraft components to store 2.20 Defective components to outside contractors 2.21 Control of computer maintenance record systems 2.22 Control of man-hour planning versus scheduled maintenance work 2.23 Critical maintenance tasks and error-capturing methods 2.24 Reference to specific maintenance procedures such as: - TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 100 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  Engine running procedures  Aircraft pressure run procedures  Aircraft towing procedures  Aircraft taxiing procedures 2.25 Procedures to detect and rectify maintenance errors. 2.26 Shift/task handover procedures 2.27 Procedures for notification of maintenance data inaccuracies and ambiguities, to the type certificate holder 2.28 Production planning procedures 2.29 Airworthiness review procedures and records for aircraft covered by Part-ML ELA1 aircraft not involved in commercial operations 2.30 Development and approval processing for maintenance programmes for ELA2 aircraft not involved in commercial operations PART L2 ADDITIONAL LINE MAINTENANCE PROCEDURES L2.1 Line maintenance control of aircraft components, tools, equipment, etc. L2.2 Line maintenance procedures related to servicing/fuelling/de-icing, including inspection for/removal of de-icing/anti-icing fluid residues, etc. L2.3 Line maintenance control of defects and repetitive defects L2.4 Line procedure for completion of technical logs L2.5 Line procedure for pooled parts and loaned parts L2.6 Line procedure for return of defective parts removed from aircraft L2.7 Line procedure for critical maintenance tasks and error-capturing methods PART 3 QUALITY MANAGEMENT SYSTEM PROCEDURES 3.1 Hazard identification and safety risk management schemes 3.2 Internal safety reporting and investigations 3.3 Safety action planning 3.4 Safety performance monitoring 3.5 Management of changes (including organisational changes with regard to safety responsibilities) 3.6 Safety training and promotion 3.7 Immediate safety action and coordination with the operator’s ERP 3.8 Compliance monitoring TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 101 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 3.8.1 Quality aAudit plan and audit of organisation procedures 3.8.2 Quality Product audit of aircraft and inspections 3.8.3 Audit findings — corrective Quality audit remedial action procedure 3.94 Certifying staff and support staff qualifications and training procedures 3.105 Certifying staff and support staff records 3.116 Quality audit Compliance monitoring and safety management personnel 3.127 Qualifying inspectors 3.138 Qualifying mechanics 3.149 Aircraft or aircraft component maintenance tasks exemption process control Control of the process for exemption from aircraft/aircraft component maintenance tasks 3.1510 Concession control for deviations from organisations’ procedures 3.1611 Qualification procedure for specialised activities such as NDT welding, etc. 3.1712 Management of Control of manufacturers’ and other maintenance external working teams 3.13 Human factors training procedure 3.1814 Competence Competency assessment of personnel 3.1915 Training procedures for on-the-job training as per Section 6 of Appendix III to Part-66 (limited to the case where the competent authority for the Part-145 approval and for the Part-66 licence is the same). 3.2016 Procedure for the issue of a recommendation to the competent authority for the issue of a Part-66 licence in accordance with 66.B.105 (limited to the case where the competent authority for the Part-145 approval and for the Part-66 licence is the same). PART 4 OPERATORS 4.1 Contracting operators 4.2 Operator procedures and paperwork 4.3 Operator record completion PART 5 SUPPORTING DOCUMENTS 5.1 Sample of documents 5.2 List of Ssubcontractors as per point 145.A.75(b) 5.3 List of line maintenance locations as per point 145.A.75(d) 5.4 List of contracted organisations as per point 145.A.70(a)(16) PART 6 OPERATORS MAINTENANCE PROCEDURES TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 102 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 This section is reserved for those maintenance organisations approved under Part-145 who are also operators. PART 7 FAA SUPPLEMENTARY PROCEDURES FOR A FAR TITLE 14 CFR PART 145 REPAIR STATION This section is reserved for those EASA Part-145 approved maintenance organisations approved under EASA Part-145 who are also certificated as an FAA FAR Title 14 CFR Part 145 repair station. The contents of this Part should be based on the Maintenance Annex Guidance (MAG) issued by EASA and the FAA following the agreement between the United States of America and the European Union on cooperation in the regulation of civil aviation safety. PART 8 TRANSPORT CANADA CIVIL AVIATION (TCCA) SUPPLEMENTARY PROCEDURES FOR A CAR 573 MAINTENANCE ORGANISATION This section is reserved for those EASA Part-145 approved maintenance organisations holding a CAR 573 approval. The content of this Part should be based on the Maintenance Annex Guidance (MAG) issued by EASA and the TCCA following the agreement on civil aviation safety between the European Union and Canada. PART 9 ANAC SUPPLEMENTARY PROCEDURES FOR AN RBAC 145 MAINTENANCE ORGANISATION This section is reserved for those EASA Part-145 approved maintenance organisations that hold an RBAC 145 approval. The contents of this Part should be based on the Maintenance Annex Guidance (MAG) issued by EASA and ANAC following the agreement on civil aviation safety between the European Union and Brazil. [Back to implementing rule:  145.A.70 Maintenance organisation exposition (MOE)] GM1 145.A.70(a) Maintenance organisation exposition (MOE) 1. The purpose of the maintenance organisation exposition (MOE) is to set forth the procedures, means and methods of the organisation. 2. Compliance with its contents will assure compliance with the requirements of Part-145, which is a prerequisite to obtaining and retaining a maintenance organisation approval certificate. 3. Points 145.A.70(a)(1) to (a)(11) constitutes the ‘general’ management’ part of the MOE and therefore could be produced as one document and made available to the person(s) specified under point 145.A.30(b) who should be reasonably familiar with its contents. The point 145.A.70(a)(6) list of certifying staff and B1 and B2 support staff may be produced as a separate document. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 103 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 4. Point 145.A.70(a)(12) constitutes the working procedures of the organisation, and therefore as stated in the requirement, may be produced as any number of separate procedures or manuals. It should be remembered that these These documents should be cross-referenced from the management MOE. 5. Personnel are expected to be familiar with those parts of the manuals that are relevant to the maintenance work they carry out. 6. The organisation should specify in the MOE who should amend the exposition, manual particularly in the case where there are several parts. 7. The organisation should define the responsibilities quality manager should be responsible for monitoring and amending the amendment of the MOE, unless otherwise agreed by the competent authority, including the associated procedures manuals and submission of the proposed amendments to the competent authority in accordance with point 145.A.70(c). However the competent authority may agree via a procedure stated in the amendment section of the MOE that some defined class of amendments may be incorporated without prior approval by the competent authority. 8. The MOE should cover four main parts: (a) The general part of the management MOE covering the parts elements specified in point (3) earlier; (b) The maintenance procedures covering all aspects of how aircraft components may be accepted from outside sources, and how aircraft will be maintained to the required standard; (c) The quality management system procedures, including the methods of qualifying mechanics, inspectors ion, certifying staff, compliance monitoring and safety management and quality audit personnel; (d) Contracting operator procedures and paperwork. [Back to implementing rule:  145.A.70 Maintenance organisation exposition (MOE)] AMC1 145.A.70(a)(1) Maintenance organisation exposition (MOE) ACCOUNTABLE MANAGER STATEMENT Part 1 of the MOE should include a statement signed by the accountable manager (and countersigned by the chief executive officer, if different), confirming that the MOE and any associated manuals will be complied with at all times. The accountable manager’s exposition statement as specified under point 145.A.70(a)(1) should embrace the intent of the following paragraph, and in fact, this statement may be used without amendment. Any modification to the statement should not alter the intent. ‘This exposition and any associated referenced manuals define the organisation and procedures upon which the (competent authority*) Part-145 approval is based as required by 145.A.70. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 104 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 These procedures are approved by the undersigned and must should be complied with, as applicable, when work orders are being progressed under the terms of the Part-145 approval. It is accepted that these These procedures do not override the necessity of complying with any new or amended regulation published by the (competent authority*) from time to time where these new or amended regulations are in conflict with these procedures. It is understood that the (competent authority*) will approve this organisation whilst the (competent authority*) is satisfied that the procedures are being followed and work standards maintained. It is further understood that the (competent authority*) reserves the right to suspend, limit or revoke the approval of the organisation if the (competent authority*) has evidence that procedures are not followed or standards not upheld. It is understood that the approval of the organisation is based on the continuous compliance of the organisation with Part-145, and with the organisation’s procedures described in this exposition. The competent authority* is entitled to limit, suspend, or revoke the approval if the organisation fails to fulfil the obligations imposed by Part-145 or any conditions according to which the approval was issued. Signed ........................................ Dated .......................................... Accountable Manager and...... (quote position)........................ Chief Executive Officer … For and on behalf of........ (quote organisation’s name)..................................................’ Note: Where it states (‘competent authority*’), please insert the actual name of the competent authority, for example, EASA, the CAA-NL, the LBA, the DGAC, CAA, etc. Whenever the accountable manager changes, it is important to ensure that the new accountable manager signs the paragraph 9 statement at the earliest opportunity. Failure to carry out this action could invalidate the Part-145 approval. When an organisation is approved against any other Part containing a requirement for an exposition, a supplement covering the differences will suffice to meet the requirements except that the supplement should have an index showing where those parts missing from the supplement are covered. If the organisation holds one or more additional organisation certificates within the scope of Regulation (EU) 2018/1139 containing a requirement for an exposition or manual, it may choose to combine the MOE with that exposition or manual in order to avoid duplication. An index that shows where each requirement is addressed should be kept up to date and made available to the competent authority upon request. [Back to implementing rule:  145.A.70 Maintenance organisation exposition (MOE)] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 105 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC1 145.A.75(b) Privileges of the organisation 1. Working under the quality management system of an organisation appropriately approved under Part-145 (sub contracting subcontracting) refers to the case of one organisation, not itself appropriately whether or not it is approved to under Part-145, that carries out aircraft line maintenance or minor engine maintenance or maintenance of other aircraft components or a specialised service as a subcontractor for an organisation appropriately approved under Part-145. To be appropriately approved to subcontract, the organisation should have a procedure for the control of such subcontractors as described below. Any approved maintenance organisation that carries out maintenance for another approved maintenance organisation within its own approval scope is not considered to be subcontracting for the purpose of this paragraph. Note: For those organisations approved under Part-145 that are also certificated by the FAA under FAR Part 145 it should be noted that FAR Part 145 is more restrictive in respect of maintenance activities that can be contracted or sub-contracted to another maintenance organisation. It is therefore recommended that any listing of contracted or sub-contracted maintenance organisations should identify which meet the Part-145 criteria and which meet the FAR Part 145 criteria. 2. Maintenance of engines or engine modules other than a complete workshop maintenance check or overhaul, is intended to mean any maintenance that can be carried out without disassembly of the core engine or, in the case of modular engines, without disassembly of any core module. 3. FUNDAMENTALS OF SUBCONTRACTING SUB-CONTRACTING UNDER PART-145 3.1. The fundamental reasons for allowing an organisation approved under Part-145 to sub- contract subcontract certain maintenance tasks are: (a) To permit the acceptance of specialised maintenance services, such as, but not limited to, plating, heat treatment, plasma spraying, fabrication of specified parts for minor repairs / modifications, etc., by organisations without the need for direct approval of those organisations by the competent authority in such cases. (b) To permit the acceptance of aircraft maintenance up to but not including a base maintenance check as specified in point 145.A.75(b) by organisations not appropriately approved under Part-145 when it is unrealistic to expect direct approval of those organisations by the competent authority. The competent authority will determine when it is unrealistic, but in general, it is considered unrealistic if only one or two organisations intend to use the subcontracted sub- contract organisation. (c) To permit the acceptance of component maintenance. (d) To permit the acceptance of engine maintenance up to but not including a workshop maintenance check or overhaul of an engine or engine module as specified in point 145.A.75(b) by organisations not appropriately approved under Part-145 when it is unrealistic to expect direct approval of those organisations by TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 106 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 the competent authority. The determination of unrealistic is as per sub-paragraph (b). 3.2. When maintenance is carried out under the sub-contract control management system, it means that for the duration of such maintenance, the Part-145 approval has been temporarily extended to include the sub-contractor subcontractor. It therefore follows that those parts of the sub-contractor subcontractor’s facilities personnel and procedures involved with the maintenance organisation’s products undergoing maintenance should meet Part-145 requirements for the duration of that maintenance, and it remains the organisation’s responsibility to ensure that such requirements are satisfied. 3.3. For the criteria specified in sub-paragraph 3.1, the organisation is not required to have complete facilities for the maintenance that it needs to subcontract, sub-contract but it should have its own expertise to determine that whether the subcontractor sub- contractor meets the necessary standards. However, an organisation cannot be approved unless it has the in-house facilities, procedures and expertise to carry out the majority of maintenance for which it wishes to be approved in terms of the number of class ratings. 3.4. The organisation may find it necessary to include several specialist subcontractors sub- contractors to enable it to be approved to completely certify the release to service of a particular maintenance product. Examples could be specialist for welding, electro- plating, painting, etc. To authorise the use of such subcontractors, the competent authority will need to be satisfied that the organisation has the necessary expertise and procedures to control such subcontractors sub-contractors. 3.5. An organisation working outside the scope of its approval schedule is deemed to be not approved. Such an organisation may in this circumstance operate only under the sub- contract subcontract control of another organisation approved under Part-145. 3.6. Authorisation to subcontract sub-contract is indicated by the competent authority approving accepting the MOE maintenance organisation exposition containing a specific procedure on the control of sub-contractors. 4. PRINCIPAL PART-145 PROCEDURES FOR THE CONTROL OF SUBCONTRACTORS SUB- CONTRACTORS NOT APPROVED UNDER PART-145 4.1. A pre-audit procedure should be established whereby the maintenance organisations’ subcontract control section, which may also be the 145.A.65(c) quality system independent audit section, should audit a prospective subcontractor to determine whether those services of the subcontractor that it wishes to use meets the intent of Part-145. A pre-audit procedure should be established whereby the maintenance organisation should audit a prospective subcontractor to determine whether those services of the subcontractor that it wishes to use meet the intent of Part-145. This audit should be performed under the responsibility of the compliance monitoring function. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 107 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 4.2. The organisation approved under Part-145 needs to assess to what extent it will use the sub-contractor subcontractor`s facilities. As a general rule, the organisation should require its own paperwork, approved data and material/spare parts to be used, but it could permit the use of tools, equipment and personnel from the sub-contractor subcontractor as long as such tools, equipment and personnel meet the requirement of Part-145. In the case of sub-contractors subcontractors who provide specialised services, it may for practical reasons be necessary to use their specialised services personnel, approved data and materials, subject to acceptance by the organisation approved under Part-145. 4.3. Unless the sub-contracted subcontracted maintenance work can be fully inspected on receipt by the organisation approved under Part-145, it will be necessary for such organisations to supervise the inspection and release from the subcontractor sub- contractor. Such control activities should be fully described in the organisation’s procedures. The organisation will need to consider whether to use its own staff or to authorise the sub-contractor subcontractor's staff. 4.4. The certificate of release to service may be issued either at the subcontractor’s sub- contractor or at the organisation’s facility by staff issued a certification authorisation in accordance with point 145.A.30 as appropriate, by the organisation approved under Part-145. Such staff would normally come from the organisation approved under Part- 145, but may otherwise be a person from the subcontractor sub-contractor who meets the approved maintenance organisation certifying staff standard, which itself is approved by the competent authority via the MOE maintenance organisation exposition. The certificate of release to service and the EASA Form 1 will always be issued under the maintenance organisation approval reference. 4.5. The sub-contract control procedure will need to record audits of the sub-contractor, to have a corrective action follow up plan and to know when sub-contractors are being used. The procedure should include a clear revocation process for sub-contractors who do not meet the Part-145 approved maintenance organisation’s requirements. The subcontract control procedure will need to address the relevant management system key processes such as hazard identification, safety risk assessment and management, internal safety reporting, and compliance monitoring (see point 145.A.205). The procedure should ensure that records of all subcontractor audits and inspections, and the corresponding actions are kept, and provide information on when subcontractors are used. The procedure should include a clear revocation process for subcontractors who do not meet the Part-145 approved maintenance organisation’s requirements. 4.6. The Part-145 quality audit compliance monitoring staff will need to audit the subcontract sub-contract control function section and sample audit sub-contractors subcontractors unless this task is already carried out by the quality audit compliance monitoring staff as stated in sub-paragraph 4.1. 4.7. The contract between the Part-145 approved maintenance organisation and the sub- contractor subcontractor should contain a provision to grant access to the TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 108 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 subcontractor to any person authorised by the authorities specified in point 145.A.140 for the competent authority and EASA standardisation team staff to have right of access to the sub-contractor. [Back to implementing rule:  145.A.75 Privileges of the organisation] GM1 145.A.75(b) Privileges of the organisation SUBCONTRACTING TO A PART-145 APPROVED ORGANISATION It is not the intent of the rule to prevent a Part-145 organisation from subcontracting certain maintenance activities to another Part-145 approved organisation. In this case, although it is approved under Part-145, such a subcontracted organisation would work under the management system of the contracting Part-145 organisation. The rule does also not foresee a Part-145 approved organisation working solely as a subcontractor of other Part-145 organisations, such that it would refrain from exercising its privileges. [Back to implementing rule:  145.A.75 Privileges of the organisation] AMC1 145.A.85 Changes to the organisation APPLICATION TIME FRAMES (a) The application for the amendment of an organisation certificate should be submitted at least 30 working days before the date of the intended changes. (b) In the case of a planned change of a nominated person, the organisation should inform the competent authority at least 20 working days before the date of the proposed change. (c) Unforeseen changes should be notified at the earliest opportunity, in order to enable the competent authority to determine whether there is continued compliance with the applicable requirements, and to amend, if necessary, the organisation certificate and the related terms of approval. [Back to implementing rule:  145.A.85 Changes to the organisation] AMC2 145.A.85 Changes to the organisation MANAGEMENT OF CHANGES The organisation should manage the safety risks related to any changes to the organisation in accordance with AMC1 145.A.200(a)(3) point (e). For changes requiring prior approval, it should conduct a safety risk assessment and provide it to the competent authority upon request. [Back to implementing rule: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 109 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  145.A.85 Changes to the organisation] GM1 145.A.85 Changes to the organisation CHANGES TO THE MOE Point 145.A.85 also covers changes to the MOE, as explained in point 145.A.70(c). [Back to implementing rule:  145.A.85 Changes to the organisation] GM1 145.A.85(a)(1) Changes to the organisation CHANGES THAT MAY AFFECT THE SCOPE OF THE CERTIFICATE OR THE TERMS OF APPROVAL Typical examples of such changes are listed below: (1) the name of the organisation; (2) the organisation’s principal place of business; (3) the organisation’s scope of work; (4) the accountable manager referred to in point 145.A.30(a); (5) the safety policy; (6) the facilities. [Back to implementing rule:  145.A.85 Changes to the organisation] GM2 145.A.85(a)(1) Changes to the organisation CHANGE OF THE NAME OF THE ORGANISATION A change of the name requires the organisation to submit a new application as a matter of urgency. If this is the only change to report, the new application can be accompanied by a copy of the documentation that was previously submitted to the competent authority under the previous name, as a means of demonstrating that the organisation complies with the applicable requirements. [Back to implementing rule:  145.A.85 Changes to the organisation] GM1 145.A.85(b) Changes to the organisation CHANGES REQUIRING PRIOR APPROVAL This GM is a non-exhaustive list of items that require prior approval from the competent authority (other than covered by point 145.A.85(a)) as specified in the applicable implementing rules: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 110 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (a) Alternative means of compliance [145.A.120(b)]; (b) The MOE procedure for the use of alternative tooling or equipment [145.A.40(a)(i)]; (c) The use of component maintenance data by an A-rated organisation for the maintenance of components fitted to the aircraft [Appendix II point (d)]; (d) The MOE procedure to allow an A-rated organisation to temporarily remove a component for maintenance, in order to improve access to that component [Appendix II point (d)]; (e) The use of component maintenance data by a B-rated organisation for the maintenance of components fitted to the engine and/or APU [Appendix II point (f)]; (f) The MOE procedure to allow a B-rated organisation to carry out maintenance on an installed engine during ‘base’ and ‘line’ maintenance [Appendix II point (f)]; (g) The MOE procedure to allow a C-rated organisation to carry out maintenance on an installed component (other than a complete engine/APU) during ‘base’ and ‘line’ maintenance or at an engine/APU maintenance facility [Appendix II point (g)]; (h) The Airworthiness Review Staff (ARS) nominated by the organisation [145.A.37(b)]; (i) The procedures and standards to establish and control the competency of personnel [145.A.30(e)]; (j) An effective and continuous system for reporting to the competent authority on the safety performance and regulatory compliance of the organisation [145.B.305(d)]. [Back to implementing rule:  145.A.85 Changes to the organisation] GM1 145.A.85(c) Changes to the organisation CHANGES NOT REQUIRING PRIOR APPROVAL The intention of point 145.A.85(c) is to allow the competent authority to accept certain changes to the organisation (other than where the implementing rule explicitly requires an approval) to be implemented without prior approval, depending on the compliance and safety performance of the organisation, and in particular, on its capability to manage the safety risks related to changes. [Back to implementing rule:  145.A.85 Changes to the organisation] AMC1 145.A.95 Findings GENERAL The action plan defined by the organisation should address the effects of the non-compliance, as well as its root cause(s) and contributing factor(s). Depending on the issues, the action plan should address the correction/containment of the issue, corrective action and preventive action. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 111 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 [Back to implementing rule:  145.A.95 Findings] GM1 145.A.95 Findings CAUSAL ANALYSIS (a) It is important that the analysis does not primarily focus on establishing who or what caused the non-compliance, but on why it was caused. Establishing the root cause or causes of a non-compliance often requires an overarching view of the events and circumstances that led to it, to identify all the possible systemic and contributing factors (regulatory, human factors, organisational factors, technical, etc.) in addition to the direct factors. (b) A narrow focus on single events or failures, or the use of a simple, linear model, such as a fault tree, to identify the chain of events that led to the non-compliance, may not properly reflect the complexity of the issue, and therefore there is a risk that important factors that must be addressed in order to prevent a reoccurrence will be ignored. Such an inappropriate or partial causal analysis often leads to defining ‘quick fixes’ that only address the symptoms of the non-conformity. A peer review of the results of the causal analysis may increase its reliability and objectivity. (c) A system description of the organisation that considers the organisational structures, processes and their interfaces, procedures, staff, equipment, facilities and the environment in which the organisation operates, will support both effective causal (reactive) and hazard (proactive) analyses. [Back to implementing rule:  145.A.95 Findings] AMC1 145.A.120 Means of compliance DEMONSTRATION OF COMPLIANCE (a) In order to demonstrate that the implementing rules are met, a risk assessment should be completed and documented. (b) The result of the risk assessment forms an integral part of the management system records to be managed in accordance with point 145.A.55. [Back to implementing rule:  145.A.120 Means of compliance] GM1 145.A.200 Management system GENERAL TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 112 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Safety management seeks to proactively identify hazards and to mitigate the related safety risks before they result in aviation accidents and incidents. Safety management enables an organisation to manage its activities in a more systematic and focused manner. When an organisation has a clear understanding of its role and contribution to aviation safety, it can prioritise safety risks and more effectively manage their resources and obtain optimal results. The principles of the requirements in points 145.A.200, 145.A.202, 145.A.205 and the related AMC constitute the EU management system framework for aviation safety management. This framework addresses the core elements of the ICAO safety management system (SMS) framework defined in Appendix 2 to Annex 19, and it promotes an integrated approach to the management of an organisation. It facilitates the introduction of the additional safety management components, building upon the existing management system, rather than adding them as a separate framework. This approach is intended to encourage organisations to embed safety management and risk-based decision-making into all their activities, instead of superimposing another system onto their existing management system and governance structure. In addition, if the organisation holds multiple organisation certificates within the scope of Regulation (EU) 2018/1139, it may choose to implement a single management system to cover all of its activities. An integrated management system may not only be used to capture multiple certification requirements, but also to cover other business management systems such as quality, security, occupational health and environmental management systems. Integration will remove any duplication and exploit synergies by managing safety risks across multiple activities. Organisations may determine the best means to structure their management systems to suit their business and organisational needs. The core part of the management system framework (145.A.200) focuses on what is essential for safety management, by mandating the organisation to: (a) clearly define responsibilities and accountabilities; (b) establish a safety policy and the related safety objectives, (c) implement safety reporting procedures in line with just culture principles; (d) ensure the identification of aviation safety hazards entailed by its activities, ensure their evaluation, and the management of the associated risks, including: (1) taking actions to mitigate the risks; (2) verifying the effectiveness of the actions taken to mitigate the risks; (e) monitor compliance, while considering any additional requirements that are applicable to the organisation; (f) keep their personnel trained, competent, and informed about significant safety issues; and (g) document all the key management system processes. Compared with the previous Part-145 quality system ‘framework’, the new elements that are introduced are, in particular, those addressed under points (b) to (d). Points (c) and (d)(1) address component 2 ‘Safety Risk Management’ of the ICAO SMS framework. Points (d)(2) and (e) address component 3 ‘Safety Assurance’ thereof. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 113 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Point 145.A.200 defines the following as key safety management processes; these are further specified in the related AMC and GM:  Hazard identification;  Safety risk management;  Internal investigation;  Safety performance monitoring and measurement;  Management of change;  Continuous improvement;  Immediate safety action and coordination with the aircraft operator’s Emergency Response Plan (ERP). It is important to recognise that safety management will be a continuous activity, as hazards, risks and the effectiveness of safety risk mitigations will change over time. These key safety management processes are supported by a compliance monitoring function as an integral part of the management system for safety. Most aviation safety regulations constitute generic safety risk controls established by the ‘regulator’. Therefore, ensuring effective compliance with the regulations during daily operations and independent monitoring of compliance are fundamental to any management system for safety. The compliance monitoring function may, in addition, support the follow-up of safety risk mitigation actions. Moreover, where non-compliances are identified through internal audits, the causes will be thoroughly assessed and analysed. Such an analysis in return supports the risk management process by providing insights into causal and contributing factors, including human factors, organisational factors and the environment in which the organisation operates. In this way, the outputs of compliance monitoring become some of the various inputs to the safety risk management functions. On the other hand, the safety risk management processes may be used to determine focus areas for compliance monitoring. In this way, internal audits will inform the organisation’s management of the level of compliance within the organisation, whether safety risk mitigation actions have been implemented, and where corrective or preventive action is required. The combination of safety risk management and compliance monitoring should lead to an enhanced understanding of the end-to-end process and the process interfaces, exposing opportunities for increased efficiencies, which are not limited to safety aspects. As aviation is a complex system with many organisations and individuals interacting together, the primary focus of the key safety management processes is on the organisational processes and procedures, but it also relies on the humans in the system. The organisation and the way in which it operates can have a significant impact on human performance. Therefore, safety management necessarily addresses how humans can contribute both positively and negatively to an organisation’s safety outcomes, recognising that human behaviour is influenced by the organisational environment. The effectiveness of safety management largely depends on the degree of commitment of the senior management to create a working environment that optimises human performance and encourages personnel to actively engage in and contribute to the organisation’s management processes. Similarly, a positive safety culture relies on a high degree of trust and respect between the personnel TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 114 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 and the management, and it must therefore be created and supported at the senior management level. If the management does not treat individuals who identify hazards and report adverse events in a consistently fair and just way, those individuals are unlikely to be willing to communicate safety issues or to work with the management to effectively address the safety risks. As with trust, a positive safety culture takes time and effort to establish, and it can be easily lost. It is further recognised that the introduction of processes for hazard identification and risk assessment, mitigation and verification of the effectiveness of such mitigation actions will create immediate and direct costs, while related benefits are sometimes intangible, and may take time to materialise. Over time, an effective management system will not only address the risks of major occurrences, but also identify and address production inefficiencies, improve communication, foster a better organisational culture, and lead to a more effective control of contractors and suppliers. In addition, through an improved relationship with the authority, an effective management system may result in a reduced oversight burden. Thus, by viewing safety management and the related organisational policies and key processes as items that are implemented not only to prevent incidents and accidents, but also to meet the organisation’s strategic objectives, any investment in safety should be seen as an investment in productivity and organisational success. [Back to implementing rule:  145.A.200 Management system] AMC1 145.A.200(a)(1) Management system ORGANISATION AND ACCOUNTABILITIES (a) The management system should encompass safety by including a safety manager and a safety review board in the organisational structure. The functions of the safety manager are those defined in AMC1 145.A.30(c);(ca). (b) Safety review board (1) The safety review board should be a high-level committee that considers matters of strategic safety in support of the accountable manager’s safety accountability. (2) The board should be chaired by the accountable manager and composed of the heads of the functional areas. (3) The safety review board should monitor: (i) safety performance against the safety policy and objectives; (ii) that any safety action is taken in a timely manner; and (iii) the effectiveness of the organisation’s management system processes. (4) The safety review board may also be tasked with: (i) reviewing the results of compliance monitoring; (ii) monitoring the implementation of related corrective and preventive actions. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 115 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (c) The safety review board should ensure that appropriate resources are allocated to achieve the established safety objectives. (d) The safety manager or any other relevant person may attend, as appropriate, safety review board meetings. He or she may communicate to the accountable manager all information, as necessary, to allow decision-making to be based on safety data. (e) Notwithstanding point (a), where justified by the size of the organisation and the nature and complexity of its activities and subject to a risk assessment and agreement by the competent authority, the organisation may not need to establish a formal safety review board. In this case, the tasks normally allocated to the safety review board should be allocated to the safety manager. [Back to implementing rule:  145.A.200 Management system] GM1 145.A.200(a)(1) Management system SAFETY ACTION GROUP (a) A safety action group may be established as a standing group or as an ad hoc group to assist, or act on behalf of the safety manager or the safety review board. (b) More than one safety action group may be established, depending on the scope of the task and the specific expertise required. (c) The safety action group usually reports to, and takes strategic direction from, the safety review board, and may be composed of managers, supervisors and personnel from operational areas. (d) The safety action group may be tasked or assist with: (1) monitoring safety performance; (2) defining actions to control risks to an acceptable level; (3) assessing the impact on safety of organisational changes; (4) ensuring that safety actions are implemented within agreed timescales; (5) reviewing the effectiveness of previous safety actions and safety promotion. [Back to implementing rule:  145.A.200 Management system] GM2 145.A.200(a)(1) Management system MEANING OF THE TERMS ‘ACCOUNTABILITY’ AND ‘RESPONSIBILITY’ In the English language, the notion of accountability is different from the notion of responsibility. Whereas ‘accountability’ refers to an obligation which cannot be delegated, ‘responsibility’ refers to an obligation that can be delegated. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 116 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 [Back to implementing rule:  145.A.200 Management system] AMC1 145.A.200(a)(2) Management system SAFETY POLICY & OBJECTIVES (a) The safety policy should: (1) reflect organisational commitments regarding safety, and its proactive and systematic management, including the promotion of a positive safety culture; (2) include internal reporting principles, and encourage personnel to report maintenance-related errors, incidents and hazards; (3) recognise the need for all personnel to cooperate with the compliance monitoring and internal investigations referred to under point (c) of AMC1 145.A.200(a)(3); (4) be endorsed by the accountable manager; (5) be communicated, with visible endorsement, throughout the organisation; and (6) be periodically reviewed to ensure it remains relevant and appropriate for the organisation. (b) The safety policy should include a commitment to: (1) comply with all the applicable legislation, to meet all the applicable requirements, and adopt practices to improve safety standards; (2) provide the necessary resources for the implementation of the safety policy; (3) apply human factors principles; (4) enforce safety as a primary responsibility of all managers; and (5) apply ‘just culture’ principles to internal safety reporting and the investigation of occurrences and, in particular, not to make available or use the information on occurrences: (i) to attribute blame or liability to front-line personnel or other persons for actions, omissions or decisions taken by them that are commensurate with their experience and training; or (ii) for any purpose other than the maintenance or improvement of aviation safety. (c) Senior management should continually promote the safety policy to all personnel, demonstrate its commitment to it, and provide necessary human and financial resources for its implementation. (d) Taking due account of its safety policy, the organisation should define safety objectives. The safety objectives should: (1) form the basis for safety performance monitoring and measurement; TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 117 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (2) reflect the organisation’s commitment to maintain or continuously improve the overall effectiveness of the management system; (3) be communicated throughout the organisation; and (4) be periodically reviewed to ensure they remain relevant and appropriate for the organisation. [Back to implementing rule:  145.A.200 Management system] GM1 145.A.200(a)(2) Management system SAFETY POLICY (a) The safety policy is the means whereby the organisation states its intention to maintain and, where practicable, improve safety levels in all its activities and to minimise its contribution to the risk of an aircraft accident or serious incident as far as is reasonably practicable. It reflects the management’s commitment to safety, and should reflect the organisation’s philosophy of safety management, as well as being the foundation on which the organisation’s management system is built. It serves as a reminder of ‘how we do business here’. The creation of a positive safety culture begins with the issuance of a clear, unequivocal policy. (b) The commitment to apply ‘just culture’ principles forms the basis for the organisation’s internal rules describing how ‘just culture’ principles are guaranteed and implemented. (c) For organisations that have their principal place of business in a Member State, Regulation (EU) No 376/2014 defines the ‘just culture’ principles to be applied (refer in particular to Article 16(11) of that Regulation). [Back to implementing rule:  145.A.200 Management system] AMC1 145.A.200(a)(3) Management system SAFETY MANAGEMENT KEY PROCESSES (a) Hazard identification processes (1) Reactive and proactive schemes for hazard identification should be the formal means of collecting, recording, analysing, acting on, and generating feedback about hazards and the associated risks that may affect safety. (2) The organisation should in particular focus on: (i) hazards that may be generated from limitations in human performance; and (ii) hazards that may stem from the organisational set-up or the existence of complex operational and maintenance arrangements (such as when multiple organisations are contracted, or when multiple levels of contracting/subcontracting are included). TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 118 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (b) Risk management processes (1) A formal safety risk management process should be developed and maintained that ensures that there is: (i) analysis (in terms of the probability and severity of the consequences of hazards and occurrences); (ii) assessment (in terms of tolerability); and (iii) control (in terms of mitigation) of risks to an acceptable level. (2) The levels of management who have the authority to make decisions regarding the tolerability of safety risks, in accordance with (b)(1)(ii), should be specified. (c) Internal investigation (1) In line with its just culture policy, the organisation should define how to investigate incidents such as errors or near misses, in order to understand not only what happened, but also how it happened, to prevent or reduce the probability and/or consequence of future recurrences (refer to AMC1 145.A.202). (2) The scope of internal investigations should extend beyond the scope of the occurrences required to be reported to the competent authority in accordance with point 145.A.60. (d) Safety performance monitoring and measurement (1) Safety performance monitoring and measurement should be the processes by which the safety performance of the organisation is verified in comparison with the safety policy and the safety objectives. (2) These processes may include, as appropriate to the size, nature and complexity of the organisation: (i) safety reporting, addressing also the status of compliance with the applicable requirements; (ii) safety reviews, including trend reviews, which would be conducted during the introduction of new products and their components, new equipment/technologies, the implementation of new or changed procedures, or in situations of organisational changes that may have an impact on safety; (iii) safety audits that focus on the integrity of the organisation’s management system, and on periodically assessing the status of safety risk controls; and (iv) safety surveys, examining particular elements or procedures in a specific area, such as identified problem areas, or bottlenecks in daily maintenance activities, perceptions and opinions of maintenance management personnel, and areas of dissent or confusion. (e) Management of change The organisation should manage the safety risks related to a change. The management of change should be a documented process to identify external and internal changes that may TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 119 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 have an adverse effect on safety. It should make use of the organisation’s existing hazard identification, risk assessment and mitigation processes. (f) Continuous improvement The organisation should continuously seek to improve its safety performance and the effectiveness of its management system. Continuous improvement may be achieved through: (1) audits carried out by external organisations; (2) assessments, including assessments of the effectiveness of the safety culture and management system, in particular to assess the effectiveness of the safety risk management processes; (3) staff surveys, including cultural surveys, that can provide useful feedback on how engaged personnel are with the management system; (4) monitoring the recurrence of incidents and occurrences; (5) evaluation of safety performance indicators and reviews of all the available safety performance information; and (6) the identification of lessons learned. (g) Immediate safety action and coordination with the operator’s Emergency Response Plan (ERP) (1) Procedures should be implemented that enable the organisation to act promptly when it identifies safety concerns with the potential to have an immediate effect on flight safety, including clear instructions on who to contact at the owner/operator/CAMO, and how to contact them, including outside of normal business hours. These provisions are without prejudice to the occurrence reporting required by point 145.A.60. (2) If applicable, procedures should be implemented to enable the organisation to react promptly if the ERP is triggered by the operator and it requires the support of the Part-145 organisation. [Back to implementing rule:  145.A.200 Management system] GM1 145.A.200(a)(3) Management system SAFETY RISK MANAGEMENT — INTERFACES BETWEEN ORGANISATIONS (a) Safety risk management processes should specifically address the planned implementation of, or participation of the organisation in, any complex operational and maintenance arrangements (such as when multiple organisations are contracted, or when multiple levels of contracting/subcontracting are included). (b) Hazard identification and risk assessment start with the identification of all the parties involved in the arrangement, including independent experts and non-approved organisations. This identification process extends to cover the overall control structure, and assesses in particular the following elements across all subcontract levels and all parties within such arrangements: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 120 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (1) coordination and interfaces between the different parties; (2) applicable procedures; (3) communication between all the parties involved, including reporting and feedback channels; (4) task allocation, responsibilities and authorities; and (5) the qualifications and competency of key personnel with reference to point 145.A.30. (c) Safety risk management should focus on ensuring the following aspects: (1) clear assignment of accountability and allocation of responsibilities; (2) that only one party is responsible for a specific aspect of the arrangement, with no overlapping or conflicting responsibilities, in order to eliminate coordination errors; (3) the existence of clear reporting lines, both for occurrence reporting and progress reporting; (4) the possibility for staff to directly notify the organisation of any hazard that suggests an obviously unacceptable safety risk as a result of the potential consequences of this hazard. (d) The safety risk management processes should ensure that there is regular communication between all the parties involved to discuss work progress, risk mitigation actions, and changes to the arrangements, as well as any other significant issues. [Back to implementing rule:  145.A.200 Management system] GM2 145.A.200(a)(3) Management system MANAGEMENT OF CHANGE (a) Unless they are properly managed, changes in organisational structure, facilities, the scope of work, personnel, documentation, policies and procedures, etc. can result in the inadvertent introduction of new hazards, and expose the organisation to new or increased risk. Effective organisations seek to improve their processes, with conscious recognition that changes can expose the organisation to potentially latent hazards and risks if they are not properly and effectively managed. (b) Regardless of the magnitude of a change, large or small, its safety implications should always be proactively considered. This is primarily the responsibility of the team that proposes and/or implements the change. However, a change can only be successfully implemented if all the personnel affected by the change are engaged, are involved and participate in the process. The magnitude of a change, its safety criticality, and its potential impact on human performance should be assessed in any change management process. (c) The process for the management of change typically provides principles and a structured framework for managing all aspects of the change. Disciplined application of the management TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 121 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 of change can maximise the effectiveness of the change, engage the staff, and minimise the risks that are inherent in a change. (d) The introduction of a change is the trigger for the organisation to perform their hazard identification and risk management processes. Some examples of change include, but are not limited to: (1) changes to the organisational structure; (2) the inclusion of a new aircraft type in the terms of approval; (3) the addition of aircraft of the same or a similar type; (4) significant changes in personnel (affecting key personnel and/or large numbers of personnel, high turn-over); (5) new or amended regulations; (6) competition (e.g. new competitor); (7) changes to the customer base (e.g. loss of major customer); (8) changes to the security arrangements; (9) changes in the financial status of an organisation; (10) new schedule(s), location(s), equipment, and/or operational procedures; and (11) the addition of new subcontractors. (e) A change may have the potential to introduce new, or to exacerbate pre-existing, human factor issues. For example, changes in computer systems, equipment, technology, personnel changes, including changes in management personnel, procedures, work organisation, or work processes are likely to affect performance. (f) The purpose of integrating human factors (HF) into the management of change is to minimise potential risks by specifically considering the impact of the change on the people within a system. (g) Special consideration, including any HF issues, should be given to the ‘transition period’. In addition, the activities utilised to manage these issues should be integrated into the change management plan. (h) Effective management of change should be supported by the following: (1) Implementation of a process for formal hazard identification/risk assessment for major operational changes, major organisational changes, changes in key personnel, and changes that may affect the way maintenance is carried out; (2) Identification of changes that are likely to occur in business which would have a noticeable impact on: (i) resources — material and human; (ii) management direction — policies, processes, procedures, training; and (iii) management control. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 122 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (3) Safety cases/risk assessments that are aviation-safety focused. (4) The involvement of key stakeholders in the change management process, as appropriate. (i) During the management of change process, previous risk assessments and existing hazards are reviewed for possible effect. [Back to implementing rule:  145.A.200 Management system] AMC1 145.A.200(a)(4) Management system COMMUNICATION ON SAFETY (a) The organisation should establish communication regarding safety matters that: (1) ensures that all personnel are aware of the safety management activities, as appropriate for their safety responsibilities; (2) conveys safety-critical information, especially related to assessed risks and analysed hazards; (3) explains why particular actions are taken; and (4) explains why safety procedures are introduced or changed. (b) Regular meetings with personnel, at which information, actions, and procedures are discussed, may be used to communicate safety matters. [Back to implementing rule:  145.A.200 Management system] GM1 145.A.200(a)(4) Management system SAFETY PROMOTION (a) Safety training, combined with safety communication and information sharing, forms part of safety promotion. (b) Safety promotion activities should support: (1) the organisation’s policies, encouraging a positive safety culture, creating an environment that is favourable to the achievement of the organisation’s safety objectives; (2) organisational learning; and (3) the implementation of an effective safety reporting scheme and the development of a just culture. (c) Depending on the particular safety issue, safety promotion may also constitute or complement risk mitigation actions. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 123 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (d) Qualifications and training aspects are further specified in the AMC and the GM to point 145.A.30. [Back to implementing rule:  145.A.200 Management system] GM1 145.A.200(a)(5) Management system MANAGEMENT SYSTEM DOCUMENTATION (a) The organisation may document its safety policy, safety objectives and all its key management system processes in a separate manual (e.g. a Safety Management Manual or Management System Manual), or in its MOE (see AMC1 145.A.70(a), Part 3 ‘Management system procedures’). Organisations that hold multiple organisation certificates within the scope of Regulation (EU) 2018/1139 may prefer to use a separate manual in order to avoid duplication. That manual or the MOE, depending on the case, should be the key instrument for communicating the approach to management system for the whole of the organisation. (b) The organisation may also choose to document some of the information that is required to be documented in separate documents (e.g. policy documents, procedures). In that case, it should ensure that the manual or the MOE contains adequate references to any document that is kept separately. Any such documents are to be considered as integral parts of the organisation’s management system documentation. [Back to implementing rule:  145.A.200 Management system] AMC1 145.A.200(a)(6) Management system COMPLIANCE MONITORING — GENERAL (a) The primary objectives of compliance monitoring are to provide an independent monitoring function on how the organisation ensures compliance with the applicable requirements, policies and procedures, and to request action where non-compliances are identified. (b) The independence of the compliance monitoring should be established by always ensuring that audits and inspections are carried out by personnel who are not responsible for the functions, procedures or products that are audited or inspected. [Back to implementing rule:  145.A.200 Management system] AMC2 145.A.200(a)(6) AMC 145.A.65(c)(1) Management system COMPLIANCE MONITORING — INDEPENDENT AUDIT TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 124 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 1. The primary objectives of the quality system are to enable the organisation to ensure that it can deliver a safe product and that organisation remains in compliance with the requirements. 1.2. An essential element of the quality system compliance monitoring is the independent audit. 2.3. The independent audit is should be an objective process of routine sample checks of all aspects of the organisation’s ability to carry out all maintenance to the required standards required by this Regulation. and It should includes some product sampling, as this is the end result of the maintenance process. 3. It represents The independent audit should provide an objective overview of the complete set of maintenance-related activities and is intended to complement the 145.A.50(a) requirement for certifying staff to be satisfied that all required maintenance has been properly carried out before issue of the certificate of release to service. Independent audits It should include a percentage of random unannounced audits carried out on a sample basis when while maintenance is being carried out. This means that some audits should be carried out during the night for those organisations that work at night. 3a. The organisation should establish an audit plan to show when and how often the activities as required by this Regulation will be audited. 4. Except as specified in sub-paragraphs points 7 and 9, the independent audit plan should ensure that all aspects of Part-145 compliance are verified every year checked every 12 months, including all the subcontracted activities, and the auditing may be carried out as a complete single exercise or subdivided over the 12 month annual period in accordance with a scheduled plan. The independent audit should does not require each procedure to be verified checked against each product line when it can be shown that the particular procedure is common to more than one product line and the procedure has been verified checked every year 12 months without resultant findings. Where findings have been identified, the particular procedure should be verified rechecked against other product lines until the findings have been rectified, after which the independent audit procedure may revert back to a 1-year interval 12 monthly for the particular procedure. 5. Except as specified otherwise in subparagraphs 7, the independent audit should sample check one product on each product line every year 12 months as a demonstration of the effectiveness of compliance with the maintenance procedures compliance. It is recommended that Procedures and product audits may be combined by selecting a specific product example, such as an aircraft or engine or instrument component, and sample checking all the procedures and requirements associated with the specific product example to ensure that the end result should be an airworthy product. For the purpose of the independent audit, a product line includes any product under an Appendix II approval class rating as specified in the terms of approval schedule issued to the particular organisation. It therefore follows, for example, that a maintenance organisation approved under Part-145 with a capability to maintain aircraft, repair engines, brakes and autopilots would need to carry out four complete product audits sample checks each year, except as specified otherwise in subparagraphs points 5, 7 or 9. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 125 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 6. The sample check of a product audit means to witness any relevant testing and visually inspect the product and the associated documentation. The sample check product audit should not involve repeated disassembly or testing unless the sample check product audit identifies findings that requireing such an action. 7. Except as specified otherwise in sub-paragraph point 9, where the smallest organisation, that is an organisation with a maximum of 10 personnel actively engaged in maintenance, chooses to contract the independent audit element of the compliance monitoring, quality system in accordance with 145.A.65(c)(1) it is conditional on the audit being carried out twice in every year 12 month period. 8. Except as specified otherwise in sub-paragraph point 9, where the organisation has line stations listed as per point 145.A.75(d), the compliance monitoring documentation quality system should include a describe description of how these line stations are integrated into the function, system and include a plan to audit each listed line station at a frequency consistent with the extent of flight activity at the particular line station and the related safety hazards identified. Except as specified otherwise in sub-paragraph point 9, the maximum period between audits of a particular line station should not exceed 2 years 24 months. 9. Except as specified otherwise in sub-paragraph point 5, provided that there are no safety- related findings, the audit planning cycle specified in this AMC may be increased by up to 100 %, subject to a risk assessment and agreement by the competent authority the competent authority may agree to increase any of the audit time periods specified in this AMC 145.A.65(c)(1) by up to 100% provided that there are no safety related findings and subject to being satisfied that the organisation has a good record of rectifying findings in a timely manner. 10. A report should be issued raised each time an audit is carried out describing what was checked and the resulting non-compliance findings against applicable requirements, and procedures and products. 11. The independence of the audit should be established by always ensuring that audits are carried out by personnel not responsible for the function, procedure or products being checked. It therefore follows that a large maintenance organisation approved under Part-145, being an organisation with more than about 500 maintenance staff should have a dedicated quality audit group whose sole function is to conduct audits, raise finding reports and follow up to check that findings are being rectified. For the medium sized maintenance organisation approved under Part-145, being an organisation with less than about 500 maintenance staff, it is acceptable to use competent personnel from one section/department not responsible for the production function, procedure or product to audit the section/department that is responsible subject to the overall planning and implementation being under the control of the quality manager. Organisations with a maximum of 10 maintenance staff actively engaged in carrying out maintenance may subcontract the independent audit element of the quality system compliance monitoring function to another organisation or contract a qualified and competent person approved by, with the agreement of the competent authority. [Back to implementing rule: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 126 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  145.A.200 Management system] AMC3 145.A.200(a)(6) Management system COMPLIANCE MONITORING — CONTRACTING OF THE INDEPENDENT AUDIT (a) If external personnel are used to perform independent audits: (1) any such audits are performed under the responsibility of the compliance monitoring manager; and (2) the organisation remains responsible for ensuring that the external personnel have the relevant knowledge, backgrounds, and experience that are appropriate to the activities being audited, including knowledge and experience in compliance monitoring. (b) The organisation retains the ultimate responsibility for the effectiveness of the compliance monitoring function, in particular for the effective implementation and follow-up of all corrective actions. [Back to implementing rule:  145.A.200 Management system] AMC4 145.A.200(a)(6) AMC 145.A.65(c)(2) Safety and quality policy, maintenance procedures and quality system Management system COMPLIANCE MONITORING — FEEDBACK SYSTEM 1. An essential element of the quality system compliance monitoring is the quality feedback system. 2. The quality feedback system may should not be contracted to external outside persons or organisations. 2a. When a non-compliance is found, the compliance monitoring function should ensure that the root cause(s) and contributing factor(s) are identified (see GM1 145.A.95), and that corrective actions are defined. The feedback part of the compliance monitoring function should define who is required to address any non-compliance in each particular case, and the procedure to be followed if the corrective action is not completed within the defined time frame. The principal functions of the quality feedback system is are to ensure that all findings resulting from the independent quality audits of the organisation are properly investigated and corrected in a timely manner, and to enable the accountable manager to be kept informed of any safety issues and the extent of compliance with Part-145. 3. The independent quality audit reports referred to referenced in AMC 145.A.65(c)(1) AMC2 145.A.200(a)(6) sub-paragraph 10 should be sent to the relevant department(s) for corrective rectification action, giving target rectification dates. Rectification These target dates should be discussed with the relevant such department(s) before the quality department or nominated quality auditor compliance monitoring function confirms such the dates in the report. The relevant department(s) are required by 145.A.65(c)(2) to implement the corrective action TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 127 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 rectify findings and inform the compliance monitoring function quality department or nominated quality auditor of the status of the implementation of the action such rectification. 4. The accountable manager should hold regular meetings with staff to check progress on rectification except that in the large organisations such meetings may be delegated on a day to day basis to the quality manager subject to the accountable manager meeting at least twice per year with the senior staff involved to review the overall performance and receiving at least a half yearly summary report on findings of non-compliance. Unless the review of the results from compliance monitoring is the responsibility of the safety review board (ref. AMC1 145.A.200(a)(1) point (b)(4)), the accountable manager should hold regular meetings with staff to check the progress of any corrective actions. These meetings may be delegated to the compliance monitoring manager on a day-to-day basis, provided that the accountable manager: (1) meets the senior staff involved at least twice per year to review the overall performance of the compliance monitoring function; and (2) receives at least a half-yearly summary report on non-compliance findings. 5. All records pertaining to the independent quality audit and the quality feedback system should be retained for the period specified in point 145.A.55(c) at least 2 years after the date of closure clearance of the finding to which they refer or for such periods as to support changes to the audit planning cycle in accordance with AMC2 145.A.200(a)(6) AMC 145.A.65(c)(1) sub-paragraph 9 audit time periods, whichever is the longer. [Back to implementing rule:  145.A.200 Management system] GM1 145.A.200(a)(6) Management system COMPLIANCE MONITORING FUNCTION The compliance monitoring function is one of the elements that is required to ‘ensure’ compliance with the applicable requirements. This means that the compliance monitoring function itself should be subject to independent monitoring of compliance in accordance with 145.A.200(a)(6). [Back to implementing rule:  145.A.200 Management system] GM2 145.A.200(a)(6) GM 145.A.65(c)(1) Safety and quality policy, maintenance procedures and quality system Management system COMPLIANCE MONITORING — AUDIT PLAN (a)1. The purpose of this GM is to give guidance on just one acceptable working audit plan to meet part of the needs of point 145.A.200(a)(6) 145.A.65(c)1. There is any number of other acceptable working audit plans. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 128 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (b) The audits described in the audit plan are intended to monitor compliance with the applicable requirements, and at the same time to review all areas of the organisation to which those requirements are applicable. (c) In order to achieve this objective, as a first element, the organisation needs to identify all the regulatory requirements that are applicable to the activity and the scope of work under consideration, to allow the audit plan to focus on the relevant topics. Each topic (e.g. facilities, personnel, etc.) should be cross-referred with the relevant requirement and the related procedure of the organisation in the exposition that describes the particular topic. If an organisation applies an AMC to demonstrate compliance with the rule, that information may also be stated. (d) As a second element, all the functional areas of the organisation in which Part-145 functions are intended to be carried out, including subcontracting, need to be listed in order to identify the applicability of any topic to each functional area. (e) A matrix can be used, as shown in the example below, to capture the two elements mentioned above. This matrix is intended to be a living document to be customised by each particular organisation depending on its scope of work and its structure. This matrix should represent the overall compliance of the audit system and needs to be amended, as necessary, based upon any change to the applicable regulations, the procedures of the organisation or the functional areas of the organisation (e.g. a change in the scope of work to include line maintenance, etc.) Example (to be further completed) of an audit matrix for an organisation involved in aircraft base maintenance that does not hold airworthiness review privilege: Topic Requirement Exposition Functional areas Base Compliance Component … Subcontracting maintenance monitoring workshop Facilities 145.A.25(a)(1 … 1.8 X N/A X X ) AMC … 2.22 X N/A N/A X 145.A.25(a) … … … … … … … Personnel … … … … … … … 145.A.30(c) 1.4 N/A X N/A N/A … 145.A.30(d) 1.7, 2.22 X X X X … … … … … … … … 145.A.37 N/A N/A N/A N/A N/A … … … … … … … … … Record- 145.A.55 … … … … … … keeping … … … … … … … … … … … … … … … (f) The audit plan can be presented as a simplified schedule (see below), showing the operational areas of the organisation against a timetable to indicate when each particular area was scheduled for audit and when the audit was completed. The audit plan should include a TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 129 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 number of product audits (depending on the number of product lines), some of which should be unannounced (see AMC2 145.A.200(a)(6)). Example (to be further completed) of an audit plan for an organisation, mentioned in point (e), that has 2 base maintenance hangars, and hydraulic and electrical workshops: Operational area Functional area Planned Completed Remarks Base maintenance hangar 1 Base maintenance mmm yyyy dd mmm yyyy Base maintenance hangar 2 Base maintenance mmm yyyy dd mmm yyyy Hydraulic workshop Component workshop mmm yyyy dd mmm yyyy Electrical workshop Component workshop mmm yyyy dd mmm yyyy Subcontractor 1 Subcontracting mmm yyyy dd mmm yyyy Product audit 1 Base maintenance mmm yyyy dd mmm yyyy Product audit 2 Component workshop unannounced dd mmm yyyy … … … … (g) The audit of each operational area will review all the topics that are applicable to the relevant functional area. For each topic, the audit should check that the particular Part-145 requirement is documented in the corresponding procedure in the exposition and that the procedure is effectively implemented in the operational area that is being audited. In addition, the audit should also identify any practice/process implemented in the operational area which has not been documented in any procedure in the exposition. 2. The proposed plan lists the subject matter that should be covered by the audit and attempts to indicate applicability in the various types of workshops and aircraft facilities. The list should therefore be tailored for the particular situation and more than one list may be necessary. Each list should be shown against a timetable to indicate when the particular item is scheduled for audit and when the audit was completed. PARA Comment HANGAR ENGINE MECH AVIONIC Workshop Workshop Workshop 145.A.25 Yes Yes Yes Yes 145.A.30 Yes Yes Yes Yes 145.A.35 Yes Yes Yes Yes 145.A.36 Yes No No No 145.A.40 Yes Yes Yes Yes 145.A.42 Yes Yes Yes Yes 145.A.45 Yes Yes Yes Yes 145.A.47 Yes Yes Yes Yes 145.A.48 Yes Yes if appl if appl 145.A.50 Yes Yes Yes Yes 145.A.55 Yes Yes Yes Yes 145.A.60 Yes Yes Yes Yes 145.A.65 Yes Yes Yes Yes 2.1 MOE Yes Yes Yes Yes 2.2 MOE Yes Yes Yes Yes 2.3 MOE Yes Yes Yes Yes 2.4 MOE Yes Yes Yes Yes TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 130 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 PARA Comment HANGAR ENGINE MECH AVIONIC 2.5 MOE Yes Yes Yes Yes 2.6 MOE Yes Yes Yes Yes 2.7 MOE Yes Yes Yes Yes 2.8 MOE Yes Yes Yes Yes 2.9 MOE Yes Yes Yes Yes 2.10 MOE Yes No No No 2.11 MOE Yes Yes Yes Yes 2.12 MOE Yes Yes Yes Yes 2.13 MOE Yes Yes Yes Yes 2.14 MOE Yes Yes Yes Yes 2.15 MOE Yes No No No 2.16 MOE Yes Yes Yes Yes 2.17 MOE if appl if appl if appl if appl 2.18 MOE Yes Yes Yes Yes 2.19 MOE Yes Yes Yes Yes 2.20 MOE Yes Yes Yes Yes 2.21 MOE if appl if appl if appl if appl 2.22 MOE Yes Yes No No 2.23 MOE Yes Yes if appl if appl 2.24 MOE Yes Yes Yes Yes 2.25 MOE Yes Yes Yes Yes 2.26 MOE Yes Yes Yes Yes 2.27 MOE Yes Yes Yes Yes 2.28 MOE Yes Yes Yes Yes 2.29 MOE Yes No No No 2.30 MOE Yes No No No L2.1 MOE if appl No No No L2.2 MOE if appl No No No L2.3 MOE if appl No No No L2.4 MOE if appl No No No L2.5 MOE if appl No No No L2.6 MOE if appl No No No L2.7 MOE if appl No No No 3.9 MOE if appl if appl if appl if appl 3.10 MOE if appl if appl if appl if appl 3.11 MOE if appl if appl if appl No 3.12 MOE Yes Yes No No 3.13 MOE Yes Yes Yes Yes 3.14 MOE Yes Yes Yes Yes 145.A.70 Yes Yes Yes Yes 145.A.75 Yes Yes Yes Yes 145.A.80 Yes Yes Yes Yes 145.A.85 Yes Yes Yes Yes 145.A.95 if appl if appl if appl if appl Note 1: ‘if appl’ means ‘if applicable or relevant’. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 131 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Note 2: In the case of line stations, all line stations should be audited at the frequency agreed with the competent authority within the limits of AMC 145.A.65(c)(1). [Back to implementing rule:  145.A.200 Management system] AMC1 145.A.202 Internal safety reporting scheme (a) Each internal safety reporting scheme should be confidential and enable and encourage free and frank reporting of any potentially safety-related occurrence, including incidents such as errors or near misses, safety issues and identified hazards. This will be facilitated by the establishment of a just culture. (b) The internal safety reporting scheme should contain the following elements: (1) clearly identified aims and objectives with demonstrable corporate commitment; (2) a just culture policy as part of the safety policy, and related just culture implementation procedures; (3) a process to: (i) identify those reports which require investigation; and (ii) when so identified, investigate all the causal and contributing factors, including any technical, organisational, managerial, or human factors issues, and any other contributing factors related to the occurrence, incident, error or near miss that was identified; (iii) if adapted to the size and complexity of the organisation, analyse the collective data showing the trends and frequencies of the contributing factors; (4) appropriate corrective actions based on the findings of investigations; (5) initial and recurrent training for staff involved in internal investigations; (6) where relevant, the organisation should cooperate with the owner, operator or CAMO on occurrence investigations by exchanging relevant information to improve aviation safety. (b) The internal safety reporting scheme should: (1) ensure the confidentiality of the reporter; (2) be closed-loop, to ensure that actions are taken internally to address any safety issues and hazards; and (3) feed into the recurrent training as defined in AMC5 145.A.30(e) whilst maintaining appropriate confidentiality. (c) Feedback should be given to staff both on an individual and a more general basis to ensure their continued support of the safety reporting scheme. [Back to implementing rule: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 132 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  145.A.202 Internal safety reporting scheme] GM1 145.A.202 Internal safety reporting scheme GENERAL (a) The overall purpose of the internal safety reporting scheme is to use the reported information to improve the level of the safety performance of the organisation, and not to attribute blame. (b) The objectives of the scheme are to: (1) enable an assessment to be made of the safety implications of each relevant incident (errors, near miss), safety issue and hazard reported, including previous similar issues, so that any necessary action can be initiated; and (2) ensure that knowledge of relevant incidents, safety issues and hazards is shared so that other persons and organisations may learn from them. (c) The scheme is an essential part of the overall monitoring function and should be complementary to the normal day-to-day procedures and ‘control’ systems; it is not intended to duplicate or supersede any of them. The scheme is a tool to identify those instances in which routine procedures have failed or may fail. (d) All safety reports that are judged to be reportable by the person submitting the report should be retained, as the significance of such reports may only become obvious at a later date. (e) Typical occurrences to be reported are those in which aviation safety was, or could have been endangered, or which could have led to an unsafe condition. If, in the view of the reporter, an occurrence did not endanger aviation safety but, if it was repeated in different but likely circumstances, would create an unsafe situation that could lead to an accident or serious incident, then a report should be made. What is judged to be reportable on one class of product, part, or appliance may not be the same for another, and the absence or presence of a single factor, organisational, human, or technical, can transform an occurrence into an accident or serious incident. (f) The collection and analysis of timely, appropriate and accurate data will allow the organisation to react to the information that it receives, and to take the necessary action. [Back to implementing rule:  145.A.202 Internal safety reporting scheme] GM1 145.A.205 Contracting and subcontracting RESPONSIBILITY WHEN CONTRACTING OR SUBCONTRACTING MAINTENANCE (a) Regardless of the approval status of the subcontracted organisations, a Part-145 organisation is responsible for ensuring that all subcontracted activities are subject to hazard identification and risk management, as required by point 145.A.200(a)(3), and to compliance monitoring, as required by point 145.A.200(a)(6). TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 133 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (b) A Part-145 organisation is responsible for identifying hazards that may stem from the existence of complex maintenance arrangements (such as when multiple organisations are contracted, or when multiple levels of contracting/subcontracting are included) with due regard to the organisations’ interfaces (see GM1 145.A.200(a)(3)). In addition, the compliance monitoring function should at least check that the approval of the contracted maintenance organisation(s) effectively covers the contracted activities, and that it is still valid. (c) A Part-145 organisation is responsible for ensuring that interfaces and communication channels are established with the contracted maintenance organisation for occurrence reporting. This does not replace the obligation of the contracted organisation to report to the competent authority in accordance with Regulation (EU) No 1321/2014. For subcontracted activities, interfaces and communication channels are also needed for the purpose of the internal safety reporting scheme (145.A.202). [Back to implementing rule:  145.A.205 Contracting and subcontracting] GM2 145.A.205 Contracting and subcontracting DIFFERENCE BETWEEN ‘CONTRACTING MAINTENANCE’ AND ‘SUBCONTRACTING MAINTENANCE’ (a) ‘Subcontracting maintenance’ means subcontracting to a third party under the maintenance organisation management system. This is the case when a third party carries out certain maintenance tasks on behalf of the Part-145 organisation, and the responsibility remains within the Part-145 organisation (this Part-145 organisation must have the tasks within its scope of approval). Whether the third party is approved or not is not relevant for the designation of subcontracting, since the third party will be working under the management system of the Part-145 organisation and the maintenance will be released under the approval of this organisation. See also GM1 145.A.75(b). (b) ‘Contracting maintenance’ means contracting to another maintenance organisation which will release the maintenance under its own approval. This is the case when a Part-145 organisation, contracted to carry out maintenance by an owner/operator/CAMO, further contracts certain maintenance tasks to another approved Part-145 organisation, and transfers the responsibility for the release of such tasks to the second Part-145 organisation. Contracting should only be foreseen when it is allowed by the person or organisation that requests the maintenance. (c) In case (a), the subcontracted organisation works under the approval of the contracting organisation, whereas in case (b), the contracted organisation works under its own approval. [Back to implementing rule:  145.A.205 Contracting and subcontracting] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 134 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 135 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 [AMC/GM to Section B are replaced by:] SECTION B — AUTHORITY REQUIREMENTS GM1 145.B.120 Means of compliance ALTERNATIVE MEANS OF COMPLIANCE Alternative means of compliance that are used by a competent authority, or by a person or organisations under its oversight, may be used by other competent authorities, persons, or organisations only if they are processed again in accordance with points 145.B.120(d) and (e). [Back to implementing rule:  145.B.120 Means of compliance] AMC1 145.B.120(e) Means of compliance DEMONSTRATION OF COMPLIANCE In order to demonstrate that the implementing rules are met, a risk assessment should be completed and documented. [Back to implementing rule:  145.B.120 Means of compliance] AMC1 145.B.200 Management system ORGANISATIONAL STRUCTURE (a) In deciding upon the required organisational structure, the competent authority should review: (1) the number of certificates to be issued, and the number and size of the potential Part-145 approved maintenance organisations within that Member State; (2) the possible use of qualified entities and of the resources of the competent authorities of other Member States to fulfil the continuing oversight obligations; (3) the level of civil aviation activity, the number and complexity of the aircraft and the size of the Member State’s aviation industry; and (4) the potential growth of activities in the field of civil aviation. (b) The competent authority should retain effective control of the important surveillance functions and should not delegate them in such a way that Part-145 organisations, in effect, regulate themselves in airworthiness matters. (c) The set-up of the organisational structure should ensure that the various tasks and obligations of the competent authority do not solely rely on individuals. The continuous and undisturbed TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 136 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 fulfilment of these tasks and obligations of the competent authority should also be guaranteed in case of illness, accidents or leave of individual employees. [Back to implementing rule:  145.B.200 Management system] AMC2 145.B.200 Management system GENERAL (a) The competent authority designated by each Member State should be organised in such a way that: (1) there is specific and effective management authority in the conduct of all the relevant activities; (2) the functions and processes described in the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, AMC, Certification Specifications (CSs), and Guidance Material (GM) may be properly implemented; (3) the competent authority’s policy, organisation and operating procedures for the implementation of the applicable requirements of Regulation (EU) 2018/1139 and and its delegated and implementing acts are properly documented and applied; (4) all the competent authority’s personnel who are involved in the related activities are provided with training where necessary; (5) specific and effective provision is made for communicating and interfacing as necessary with EASA and the competent authorities of other Member States; and (6) all the functions related to implementing the applicable requirements are adequately described. (b) A general policy in respect of the activities related to the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts should be developed, promoted, and implemented by the manager at the highest appropriate level; for example, the manager at the top of the functional area of the competent authority that is responsible for such activities. (c) Appropriate steps should be taken to ensure that the policy is known and understood by all the personnel involved, and all the necessary steps should be taken to implement and maintain the policy. (d) The general policy, whilst also satisfying the additional national regulatory responsibilities, should, in particular, take into account: (1) the provisions of Regulation (EU) 2018/1139; (2) the provisions of the applicable implementing rules and their AMC, CSs, and GM; (3) the needs of industry; and (4) the needs of EASA and of the competent authority. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 137 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (e) The policy should define specific objectives for the key elements of the organisation and processes for implementing the related activities, including the corresponding control procedures and the measurement of the achieved standard. [Back to implementing rule:  145.B.200 Management system] AMC1 145.B.200(a)(1) Management system DOCUMENTED POLICIES AND PROCEDURES (a) The various elements of the organisation involved with the activities related to Regulation (EU) 2018/1139 and its delegated and implementing acts should be documented in order to establish a reference source for the establishment and maintenance of this organisation. (b) The documented procedures should be established in a way that facilitates their use. They should be clearly identified, kept up to date, and made readily available to all the personnel who are involved in the related activities. (c) The documented procedures should cover, as a minimum, all of the following aspects: (1) policies and objectives; (2) the organisational structure; (3) responsibilities and the associated authority; (4) procedures and processes; (5) internal and external interfaces; (6) internal control procedures; (7) the training of personnel; (8) cross-references to associated documents; (9) assistance from other competent authorities or EASA (where required). (d) It is likely that the information may be held in more than one document or series of documents, and suitable cross-referencing should be provided. For example, the organisational structure and job descriptions are not usually in the same documentation as the detailed working procedures. In such cases, it is recommended that the documented procedures should include an index of cross references to all such other related information, and the related documentation should be readily available when required. [Back to implementing rule:  145.B.200 Management system] GM1 145.B.200(a)(2) Management system SUFFICIENT PERSONNEL TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 138 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (a) This GM on the determination of the required personnel is limited to the performance of certification and oversight tasks, excluding any personnel who are required to perform tasks that are subject to any national regulatory requirements. (b) The elements to be considered when determining who are the required personnel and planning their availability may be divided into quantitative and qualitative elements: (1) Quantitative elements (i) the estimated number of initial certificates to be issued; (ii) the number of organisations to be certified by the competent authority; (iii) the estimated number of subcontracted organisations used by certified organisations. (2) Qualitative elements (i) the size, nature, and complexity of the activities of certified organisations, taking into account: (A) the privileges of each organisation; (B) the types of approval and the scopes of approval; (C) possible certification to industry standards; (D) the number of personnel; and (E) the organisational structure and the existence of subsidiaries; (ii) the safety priorities identified; (iii) the results of past oversight activities, including audits, inspections and reviews, in terms of risks and regulatory compliance, taking into account: (A) the number and the levels of findings; (B) the time frame for implementation of corrective actions; and (C) the maturity of the management systems implemented by organisations, and their ability to effectively manage safety risks; and (iv) the size and complexity of the Member State’s aviation industry, and the potential growth of activities in the field of civil aviation, which may be an indication of the number of new applications and changes to existing certificates to be expected. (c) Based on the existing data from previous oversight planning cycles, and taking into account the situation within the Member State’s aviation industry, the competent authority may estimate: (1) the standard working time required for processing applications for new certificates; (2) the number of new certificates to be issued for each planning period; and (3) the number of changes to existing certificates to be processed for each planning period. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 139 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (d) In line with the competent authority’s oversight policy, the following planning data should be determined: (1) the standard number of audits to be performed per oversight planning cycle; (2) the standard duration of each audit; (3) the standard working time for audit preparation, on-site audit, reporting, and follow-up per inspector; (4) the standard number of unannounced inspections to be performed; (5) the standard duration of inspections, including preparation, reporting, and follow-up per inspector; and (6) the minimum number and the required qualifications of the inspectors for each audit/inspection. (e) The standard working time could be expressed either in working hours per inspector, or in working days per inspector. All planning calculations should then be based on the same unit (hours or working days). (f) It is recommended to use a spreadsheet application to process the data defined under (c) and (d), to assist in determining the total number of working hours/days per oversight planning cycle required for certification, oversight and enforcement activities. This application could also serve as a basis for implementing a system for planning the availability of personnel. (g) The number of working hours/days per planning period for each qualified inspector that may be allocated for certification, oversight and enforcement activities should be determined, taking into account: (1) purely administrative tasks that are not directly related to certification and oversight; (2) training; (3) participation in other projects; (4) planned absence; and (5) the need to include a reserve for unplanned tasks or unforeseeable events. (h) The determination of the working time available for certification, oversight and enforcement activities should also consider, as applicable: (1) the use of qualified entities; (2) cooperation with other competent authorities for approvals that involve more than one Member State; (3) oversight activities under a bilateral aviation safety agreement. (i) Based on the elements listed above, the competent authority should be able to: (1) monitor the dates when audits and inspections are due, and when they were carried out; (2) implement a system to plan the availability of personnel; and TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 140 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (3) identify possible gaps between the number and the qualifications of personnel and the required volume of certification and oversight. Care should be taken to keep planning data up to date in line with changes in the underlying planning assumptions, with particular focus on risk-based oversight principles. [Back to implementing rule:  145.B.200 Management system] AMC1 145.B.200(a)(3) Management system QUALIFICATION AND TRAINING — GENERAL (a) It is essential for the competent authority to have the full capability to adequately assess the compliance and performance of an organisation by ensuring that the whole range of activities is assessed by appropriately qualified personnel. (b) For each inspector, the competent authority should: (1) define the competencies required to perform the allocated certification and oversight tasks; (2) define the associated minimum qualifications that are required; (3) establish initial and recurrent training programmes in order to maintain and to enhance the competency of inspectors at the level that is necessary to perform the allocated tasks; and (4) ensure that the training provided meets the established standards, and is regularly reviewed and updated whenever necessary. (c) The competent authority may provide training through its own training organisation with qualified trainers, or through another qualified training source. (d) If training is not provided through an internal training organisation, adequately experienced and qualified persons may act as trainers, provided that their training skills have been assessed. If required, an individual training plan should be established that covers specific training skills. Records should be kept of such a training, and of the assessment, as appropriate. [Back to implementing rule:  145.B.200 Management system] AMC2 145.B.200(a)(3) Management system QUALIFICATION AND TRAINING — INSPECTORS (a) Competent authority inspectors should have: (1) practical experience and expertise in the application of aviation safety standards and safe operating practices; TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 141 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (2) comprehensive knowledge of: (i) the relevant parts of the implementing rules, certification specifications and guidance material; (ii) the competent authority’s procedures; (iii) the rights and obligations of an inspector; (iv) safety management systems based on the EU management system requirements (including compliance monitoring) and ICAO Annex 19; (v) continuing airworthiness management; (vi) operational procedures that affect the continuing airworthiness management of the aircraft or its maintenance; (vii) maintenance-related human factors and human performance principles; (3) training on auditing techniques and assessing and evaluating management systems and safety risk management processes; (4) 5 years of relevant work experience for them to be allowed to work independently as inspectors. This may include experience gained during training to obtain the qualifications mentioned below in point (a)(5); (5) a relevant engineering degree or an aircraft maintenance technician qualification with additional education. ‘Relevant engineering degree’ refers to an engineering degree from aeronautical, mechanical, electrical, electronic, avionic or other studies that are relevant to the maintenance and continuing airworthiness of aircraft/aircraft components. (6) knowledge of a relevant sample of the type(s) of aircraft or components, gained through a formalised training course. Aircraft/engine type training courses should be at least at a level equivalent to a Part-66 Appendix III Level 1 General Familiarisation. ‘Relevant sample’ refers to courses that cover the typical aircraft or components that are within the scope of work; (7) knowledge of maintenance standards, including fuel tank safety (FTS) training as described in Appendix IV to AMC3 145.A.30(e) and AMC2 145.B.200(a)(3). (b) In addition to technical competency, inspectors should have a high degree of integrity, be impartial in carrying out their tasks, be tactful, and have a good understanding of human nature. (c) A programme for recurrent training should be developed that ensures that the inspectors remain competent to perform their allocated tasks. As a general policy, it is not desirable for the inspectors to obtain technical qualifications from those entities that are under their direct regulatory oversight. [Back to implementing rule:  145.B.200 Management system] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 142 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC3 145.B.200(a)(3) Management system INITIAL AND RECURRENT TRAINING — INSPECTORS (a) Initial training programme The initial training programme for inspectors should include, as appropriate to their role, current knowledge, experience and skills in at least all of the following: (1) aviation legislation, organisation, and structure; (2) the Chicago Convention, the relevant ICAO annexes and documents; (3) Regulation (EU) No 376/2014 on the reporting, analysis and follow-up of occurrences in civil aviation; (4) overview of Regulation (EU) 2018/1139 and its delegated and implementing acts and the related AMC, CS, and GM; (5) Regulation (EU) No 1321/2014 as well as any other applicable requirements; (6) management systems, including the assessment of the effectiveness of a management system, in particular hazard identification and risk assessment, and non-punitive reporting techniques in the context of the implementation of a ‘just culture’; (7) auditing techniques; (8) procedures of the competent authority that are relevant to the inspectors’ tasks; (9) human factors principles; (10) the rights and obligations of inspecting personnel of the competent authority; (11) on-the-job training that is relevant to the inspector’s tasks; (12) technical training that is appropriate to the role and tasks of the inspector, in particular for those areas that require approvals. NOTE: the duration of the on-the-job training should take into account the scope and complexity of the inspector’s tasks. The competent authority should assess whether the required competency has been achieved before an inspector is authorised to perform a task without supervision. (b) Recurrent training programme Once qualified, the inspector should undergo training periodically, as well as whenever deemed necessary by the competent authority, in order to remain competent to perform the allocated tasks. The recurrent training programme for inspectors should include, as appropriate to their role, at least the following topics: (1) changes in aviation legislation, the operational environment and technologies; (2) procedures of the competent authority that are relevant to the inspector’s tasks; (3) technical training that is appropriate to the role and tasks of the inspector; and (4) results from past oversight. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 143 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (c) Assessments of an inspector’s competency should take place at regular intervals that do not exceed 3 years. The results of these assessments, as well as any actions taken following the assessments, should be recorded. [Back to implementing rule:  145.B.200 Management system] AMC1 145.B.200(a)(5) Management system SAFETY RISK MANAGEMENT PROCESS (a) The safety risk management process required by point 145.B.200 should be documented. The following should be defined in the related documentation: (1) means for hazard identification, and the related data sources, taking into account data that comes from other competent authorities with which the competent authority interfaces in the State, or from the competent authorities of other Member States; (2) risk management steps including: (i) analysis (in terms of the probability and the severity of the consequences of hazards and occurrences); (ii) assessment (in terms of tolerability); and (iii) control (in terms of mitigation) of risks to an acceptable level; (3) who holds the responsibilities for hazard identification and risk management; (4) who holds the responsibilities for the follow-up of risk mitigation actions; (5) the levels of management who have the authority to make decisions regarding the tolerability of risks; (6) means to assess the effectiveness of risk mitigation actions; and (7) the link with the compliance monitoring function. (b) To demonstrate that the safety risk management process is operational, competent authorities should be able to provide evidence that: (1) the persons involved in internal safety risk management activities are properly trained; (2) hazards that could impact the authority’s capabilities to perform its tasks and discharge its responsibilities have been identified and the related risk assessment is documented; (3) regular meetings take place at appropriate levels of management of the competent authority to discuss the risks identified, and to decide on the tolerability of risks and possible risk mitigations; (4) in addition to the initial hazard identification exercise, the risk management process is triggered as a minimum whenever changes occur that may affect the competent authority’s capability to perform any of the tasks required by Part-145; TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 144 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (5) a record of the actions taken to mitigate risks is maintained, showing the status of each action and the owner of the action; (6) there is a follow-up on the implementation of all risk mitigation actions; (7) risk mitigation actions are assessed for their effectiveness; (8) the results of risk assessments are periodically reviewed to check whether they remain relevant. (Are the assumptions still valid? Is there any new information?). [Back to implementing rule:  145.B.200 Management system] GM1 145.B.200(a)(5) Management system SAFETY RISK MANAGEMENT PROCESS The purpose of safety risk management as part of the management system framework for competent authorities is to ensure the effectiveness of the management system. As for any organisation, hazard identification and risk management are expected to contribute to effective decision-making, to guide the allocation of resources and contribute to organisational success. The safety risk management process required by point 145.B.200 is intended to address the safety risks that are directly related to the competent authority’s organisation and processes, and which may affect its capability to perform its tasks and discharge its responsibilities. This process is not intended to be a substitute for the State safety risk management SARPs defined in ICAO Annex 19, Chapter 3, component 3.3. This does not mean, however, that the competent authority may not use information and data that is obtained through its State Safety Programme (SSP), including oversight data and information, for the purposes of safety risk management as part of its management system. The safety risk management process is also to be applied to the management of changes (145.B.210), which is intended to ensure that the management system remains effective whenever changes occur. [Back to implementing rule:  145.B.200 Management system] AMC1 145.B.200(d) Management system PROCEDURES AVAILABLE TO EASA (a) Copies of the procedures related to the competent authority’s management system, and their amendments, that should be made available to EASA for the purpose of standardisation, should provide at least the following information: (1) the competent authority’s organisational structure for the continuing oversight functions that it undertakes, with a description of the main processes. This information should demonstrate the allocation of responsibilities within the competent authority, and that the competent authority is capable of carrying out the full range of tasks for TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 145 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 the size and complexity of the Member State’s aviation industry. It should also consider the overall proficiency and the scope of authorisation of the competent authority’s personnel; (2) for personnel who are involved in oversight activities, the minimum required professional qualifications and amount of experience, and the principles that are used to guide their appointment (e.g. assessment); (3) how the following are carried out: assessments of applications and evaluations of compliance, the issuing of certificates, continuing oversight activities, the follow-up of findings, enforcement measures and the resolution of safety concerns; (4) the principles used for the management of exemptions and derogations; (5) the processes that are in place to distribute the applicable safety information to enable a timely reaction to a safety problem; (6) the criteria for planning continuing oversight activities (i.e. an oversight programme), including the management of interfaces when conducting continuing oversight activities (of air operations and of continuing airworthiness management, for example); (7) an outline of the initial training of newly recruited oversight personnel (taking future activities into account), and the basic framework for the recurrent training of oversight personnel. (b) As part of the continuous monitoring of a competent authority, EASA may request details of the working methods used, in addition to a copy of the procedures of the competent authority’s management system (and any amendments). These additional details are the procedures and the related guidance material that describes the working methods for the personnel of the competent authority who conduct oversight activities. (c) Information related to the competent authority’s management system may be submitted in an electronic format. [Back to implementing rule:  145.B.200 Management system] GM1 145.B.205 Allocation of tasks to qualified entities CERTIFICATION TASKS The tasks that may be performed by a qualified entity on behalf of the competent authority include those that are related to the initial certification and to the continuing oversight of persons and organisations as defined in Regulation (EU) No 1321/2014. [Back to implementing rule:  145.B.205 Allocation of tasks to qualified entities] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 146 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC1 145.B.220(a) Record-keeping GENERAL (a) The record-keeping system should ensure that all records are accessible within a reasonable time whenever they are needed. These records should be organised in a manner that ensures their traceability and retrievability throughout the required retention period. (b) All records that contain sensitive data regarding applicants or organisations should be stored in a secure manner with controlled access to ensure their confidentiality. (c) Records should be kept in paper form, or in an electronic format, or a combination of the two. Records that are stored on microfilm or optical discs are also acceptable. The records should remain legible and accessible throughout the required retention period. The retention period starts when the record is created. (d) Paper systems should use robust material which can withstand normal handling and filing. Computer record systems should have at least one backup system, which should be updated within 24 hours of any new entry. Computer record systems should include safeguards against any unauthorised personnel from altering the data. (c) All computer hardware that is used to ensure the backup of data should be stored in a different location from the one that contains the working data, and in an environment that ensures that the data remains in a good condition. When hardware or software changes take place, special care should be taken to ensure that all the necessary data continues to be accessible throughout at least the full period specified in point 145.B.220(c). [Back to implementing rule:  145.B.220 Record-keeping] AMC1 145.B.220(a)(1) Record-keeping COMPETENT AUTHORITY MANAGEMENT SYSTEM Records that are related to the competent authority’s management system should include, as a minimum, and as applicable: (a) the documented policies and procedures; (b) the personnel files of the competent authority’s personnel, with the supporting documents related to their training and qualifications; (c) the results of the competent authority’s internal audits and safety risk management processes, including audit findings, and corrective, preventive and risk mitigation actions; and (d) the contract(s) established with any qualified entities that perform certification or oversight tasks on behalf of the competent authority. [Back to implementing rule:  145.B.220 Record-keeping] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 147 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC1 145.B.300(a);(b);(c) Oversight principles ASSESSMENT OF THE MANAGEMENT SYSTEM As part of the initial certification of an organisation, the competent authority should assess the organisation’s management system and processes to make sure that all the required enablers of a functioning management system are present and suitable. As part of its continuing oversight activities, the competent authority should verify that the required enablers remain present, and assess the effectiveness of the organisation’s management system and processes. When significant changes take place in the organisation, the competent authority should determine whether there is a need to review the existing assessment to ensure that it is still appropriate. [Back to implementing rule:  145.B.300 Oversight principles] AMC1 145.B.300(f) Oversight principles INFORMATION DEEMED USEFUL FOR OVERSIGHT This information should include, as a minimum: (a) any occurrence reports received by the competent authority; (b) the reports received following the issuing of any one-off certification authorisations as defined in point 145.A.30(j)(5); (c) the results of the following types of inspections and surveys if they indicate an issue that originates from a Part-145 organisation: (i) ramp inspections performed in accordance with Subpart RAMP of Annex II (Part-ARO) to Commission Regulation (EU) No 965/2012 ‘Air Operations’; (ii) product surveys of aircraft, pursuant to M.B.303 or ML.B.303; (iii) any aircraft sample surveys conducted pursuant to CAMO.B.305(b)(1); and (iv) any physical surveys or partial airworthiness reviews performed by the competent authority in line with M.B.901. [Back to implementing rule:  145.B.300 Oversight principles] AMC1 145.B.305(a);(b) Oversight programme ANNUAL REVIEW (a) The oversight planning cycle and the related oversight programme for each organisation should be reviewed annually to ensure that they remain adequate regarding any changes in the nature, complexity or the safety performance of the organisation. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 148 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (b) When reviewing the oversight planning cycle and the related oversight programme, the competent authority should also consider any relevant information collected in accordance with points 145.A.60 and 145.B.300(f). [Back to implementing rule:  145.B.305 Oversight programme] AMC1 145.B.305(b) Oversight programme SPECIFIC NATURE AND COMPLEXITY OF THE ORGANISATION — RESULTS OF PAST OVERSIGHT When determining the oversight programme, including the relevant sample of maintenance carried out by the organisation for the product audits, the competent authority should consider in particular the following elements, as applicable: (1) the effectiveness of the organisation’s management system in identifying and addressing non-compliances and safety hazards; (2) the implementation by the organisation of any industry standards that are directly relevant to the organisation’s activities subject to this Regulation; (3) the procedure applied for and the scope of changes not requiring prior approval; (4) any specific procedures implemented by the organisation that are related to any alternative means of compliance used; (5) the number of approved locations and the activities performed at each location; (6) the number and type of any subcontractors who perform maintenance tasks; and (7) the volume of activity for each A, B, C and D class rating, as applicable. [Back to implementing rule:  145.B.305 Oversight programme] AMC2 145.B.305(b) Oversight programme SUBCONTRACTED ACTIVITIES If a Part-145 organisation subcontracts maintenance tasks, the competent authority should determine whether the subcontracted organisation needs to be audited and included in the oversight programme, taking into account the specific nature and complexity of the subcontracted activities, the results of previous oversight activities of the approved organisation, and the assessment of the associated risks. For such audits, the competent authority inspector should ensure that he or she is accompanied throughout the audit by a senior technical member of the Part-145 organisation. NOTE: if a Part-145 organisation subcontracts maintenance tasks, the competent authority should ensure that the Part-145 organisation manages the risks related to, and that it has sufficient control over, the subcontracted activities (see GM1 145.A.205 and AMC1 145.A.75(b)). TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 149 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 [Back to implementing rule:  145.B.305 Oversight programme] AMC1 145.B.305(b)(1) Oversight programme AUDIT (a) The oversight programme should indicate which aspects of the approval will be covered by each audit. (b) Part of each audit should concentrate on the audit reports produced by the organisation’s compliance monitoring function, to determine whether the organisation has been identifying and correcting its problems. (c) At the conclusion of the audit, the auditing inspector should complete an audit report that identifies the areas and processes that were audited, and includes all the findings that were raised. (d) At the completion of each oversight planning cycle, a new EASA Form 6 should be issued. [Back to implementing rule:  145.B.305 Oversight programme] AMC1 145.B.305(c) Oversight programme OVERSIGHT PLANNING CYCLE — AUDIT AND INSPECTION (a) When determining the oversight planning cycle and defining the oversight programme, the competent authority should assess the risks related to the activity of each organisation, and adapt the oversight to the level of risk identified and to the effectiveness of the organisation’s management system, in particular its ability to effectively manage safety risks. (b) The competent authority should establish a schedule of audits and inspections that is appropriate to each organisation. The planning of audits and inspections should take into account the results of the hazard identification and the risk assessment conducted and maintained by the organisation as part of the organisation’s management system. Inspectors should work in accordance with the schedule provided to them. (c) When the competent authority, having regard to the level of risk identified and the effectiveness of the organisation’s management system, varies the frequency of an audit or inspection, it should ensure that all aspects of the organisation’s activity are audited and inspected within the applicable oversight planning cycle. [Back to implementing rule:  145.B.305 Oversight programme] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 150 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC2 145.B.305(c) Oversight programme OVERSIGHT PLANNING CYCLE — AUDIT (a) For each organisation certified by the competent authority, all processes should be completely audited at periods that do not exceed the applicable oversight planning cycle. The beginning of the first oversight planning cycle is normally determined by the date of issue of the first certificate. If the competent authority wishes to align the oversight planning cycle with the calendar year, it should shorten the first oversight planning cycle accordingly. (b) The interval between two audits for a particular process should not exceed the interval of the applicable oversight planning cycle. (c) Audits should include at least one on-site audit within each oversight planning cycle. For organisations who carry out their regular activities at more than one site, the determination of the sites to be audited should consider the results of past oversight activities and the volume of activities at each site, as well as main risk areas identified. (d) For organisations that hold more than one certificate, the competent authority may define an integrated oversight schedule that includes all the applicable audit items. In order to avoid any duplication of audits, credit may be granted for specific audit items that have already been completed during the current oversight planning cycle, provided that: (1) the specific audit item is the same for all the certificates under consideration; (2) there is satisfactory evidence on record that those specific audit items were carried out, and that all the related corrective actions have been implemented to the satisfaction of the competent authority; (3) the competent authority is satisfied that there is no evidence that standards have deteriorated regarding those specific audit items for which credit is granted; (4) the interval between two audits for the specific item for which credit is granted does not exceed the applicable oversight planning cycle. [Back to implementing rule:  145.B.305 Oversight programme] AMC1 145.B.305(d) Oversight programme EXTENSION OF THE OVERSIGHT PLANNING CYCLE BEYOND 24 MONTHS (a) If the competent authority applies an oversight planning cycle that exceeds 24 months, it should, at a minimum, perform one inspection of the organisation within each 12-month segment of the applicable oversight planning cycle to validate the oversight programme. (b) If the results of this inspection indicate a decrease in the safety performance of the organisation, the competent authority should revert back to a 24-month (or less) oversight planning cycle and review the oversight programme accordingly. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 151 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (c) In order to be able to apply an oversight planning cycle of up to 36 months, the competent authority should determine the format and contents of the regular reports to be made by the organisation on its safety performance. (d) To enable the competent authority to apply an oversight planning cycle of up to 48 months, the competent authority should establish, implement and maintain a methodology to evaluate the safety performance of the organisation, focusing on the organisation’s ability to effectively identify aviation safety hazards and manage the associated risks. [Back to implementing rule:  145.B.305 Oversight programme] AMC1 145.B.310 Initial certification procedure VERIFICATION OF COMPLIANCE (a) In order to verify the organisation’s compliance with the applicable requirements, the competent authority should conduct an audit of the organisation, including interviews of the personnel, and inspections carried out at the organisation’s facilities. (b) The competent authority should only conduct such an audit if it is satisfied that the application and the supporting documentation, including the results of the pre-audit performed by the organisation, are in compliance with the applicable requirements. (c) The audit should focus on the following areas: (1) the detailed management structure, including the names and qualifications of personnel as required by points 145.A.30(a), (b), (c) and (ca), and the adequacy of the organisation and its management structure; (2) the personnel: (i) the adequacy of the number of staff, and of their qualifications and experience with regard to the intended terms of approval and the associated privileges; (ii) the validity of any licences and/or authorisations, as applicable; (3) the processes used for safety risk management and compliance monitoring; (4) the facilities and their adequacy regarding the organisation’s scope of work; (5) the documentation based on which the certificate should be granted (i.e. the documentation required by Part-145): (i) verification that the procedures specified in the MOE comply with the applicable requirements; and (ii) verification that the accountable manager has signed the exposition statement. (d) If an application for an organisation certificate is refused, the applicant should be informed of the right of appeal that exists under national law. [Back to implementing rule:  145.B.310 Initial certification procedure] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 152 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC1 145.B.310(a) Initial certification procedure (a) The competent authority should determine how and by whom the audit shall be conducted. For example, it will be necessary to determine whether one large team audit, a short series of small team audits, or a long series of single inspector audits is most appropriate for the particular situation. (b) The audit may be structured so as to verify the organisation’s processes related to a product line. For example, in the case of an organisation with Airbus A310 and A320 ratings, the audit should concentrate on the maintenance processes of one type only for a full compliance check, and depending upon the result, the second type may only require a sample check against those aspects that were seen to be weak regarding compliance for the first type. (c) In determining the scope of the audit and which activities of the organisation will be assessed during the audit, the privileges of the approved organisation should be taken into account, e.g. their approval to carry out airworthiness reviews. (d) The competent authority auditing inspector should always ensure that he or she is accompanied throughout the audit by a senior member of the organisation, who is normally the compliance monitoring manager. The reason for being accompanied is to ensure that the organisation is fully aware of any findings made during the audit. (e) At the end of the audit, the auditing inspector should inform the senior member of the organisation of all the findings that were raised during the audit. [Back to implementing rule:  145.B.310 Initial certification procedure] AMC1 145.B.310(c) Initial certification procedure (a) There may be occasions when the competent authority inspector is unsure about the compliance of some aspects of the applicant's organisation. If this occurs, the inspector should inform the organisation about the possible non-compliance at the time, and about the fact that the situation will be reviewed within the competent authority before a decision is made. If the review concludes that there is no finding, then a verbal confirmation to the organisation should suffice. (b) Any findings should be recorded on the audit report form, each with a provisional categorisation as a level 1 or 2 finding. Subsequent to the on-site audit that identified the particular findings, the competent authority should review the provisional finding levels, adjusting them if necessary, and should change the categorisation from ‘provisional‘ to ‘confirmed‘. [Back to implementing rule:  145.B.310 Initial certification procedure] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 153 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 AMC2 145.B.310(c) Initial certification procedure (a) The audit should be recorded using the audit report EASA Form 6 (Appendix II to AMC2 145.B.310(c)). (b) A review of the EASA Form 6 audit report form should be carried out by a competent independent person nominated by the competent authority. The review should take into account the relevant points of Part-145, the categorisation of the findings levels and the closure action that was taken. A satisfactory review of the audit report should be indicated by a signature on the EASA Form 6. (c) The audit reports should include the date when each finding was closed, together with a reference to the competent authority report or letter that confirmed the closure. [Back to implementing rule:  145.B.310 Initial certification procedure] AMC1 145.B.310(d) Initial certification procedure All findings should be confirmed in writing to the applicant organisation within 2 weeks of the on- site audit. [Back to implementing rule:  145.B.310 Initial certification procedure] AMC1 145.B.310(e)(2) Initial certification procedure (a) The competent authority should indicate its approval of the MOE in writing. (b) Approval of the MOE constitutes the formal acceptance of the personnel specified in points 145.A.30(b), 145.A.30(c), 145.A.30(ca) and 145.A.30(k). (c) The competent authority may reject an accountable manager if there is clear evidence that this person previously held a senior position in any organisation that was approved in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts, and that the person abused that position by not complying with the applicable requirements. [Back to implementing rule:  145.B.310 Initial certification procedure] AMC1 145.B.330 Changes — organisations (a) The competent authority should have adequate control over any changes to the personnel specified in points 145.A.30(a), (b), (c), (ca) and (k). Such changes in personnel will require an amendment to the exposition. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 154 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 (b) When an organisation submits the name of a new nominee for any of the personnel specified in points 145.A.30(a), (b), (c), (ca) and (k), the competent authority may require the organisation to produce a written résumé of the proposed person's qualifications. The competent authority should reserve the right to interview the nominee or to call for additional evidence of his or her suitability before deciding upon him or her being acceptable. (c) For changes requiring prior approval, in order to verify the organisation's compliance with the applicable requirements, the competent authority should conduct an audit of the organisation, limited to the extent of the changes, and determine whether a safety risk assessment needs to be provided by the organisation. (d) If a safety risk assessment is deemed to be necessary, the competent authority should inform the organisation accordingly. (e) If the competent authority considers that it is necessary to review the safety risk assessment performed by the organisation, it should request the organisation to provide it, and assess its results. (f) If required, the audit may include interviews and inspections carried out at the organisation’s facilities. (g) The applicable part(s) of the EASA Form 6 should be used to document the assessment of any changes to the Part-145 approval. [Back to implementing rule:  145.B.330 Changes – organisations] GM1 145.B.330 Changes — organisations CHANGE OF THE NAME OF THE ORGANISATION (a) On receipt of the application and the amendment to the relevant parts of the MOE, the competent authority should reissue the certificate. (b) A change of only the name does not require the competent authority to audit the organisation unless there is evidence that other aspects of the organisation have changed. [Back to implementing rule:  145.B.330 Changes – organisations] GM1 145.B.350(b);(c) Findings and corrective actions The following is an example of a level 1 finding:  The calibration control of the equipment specified in point 145.A.40(b) had previously failed on a particular type product line such that most of the ‘calibrated’ equipment was suspect from that time onwards. A complete product line is defined as all the aircraft, engines or components of a particular type. For such a level 1 finding, it may be necessary for the competent authority to ensure that: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 155 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  further maintenance and re-certification of all the affected products is accomplished, dependent upon the nature of the finding;  further training by the organisation is carried out and audited by the competent authority before the activity is resumed, dependent upon the nature of the finding. In practical terms, if a competent authority inspector finds a non-compliance with Part-145 against one product, it is deemed to be a level 2 finding. The following are examples of level 2 findings:  There was a one-time use of a component that did not have a serviceable tag.  The training documents of the certifying staff are not complete. [Back to implementing rule:  145.B.350 Findings and corrective actions] AMC1 145.B.355(c) Suspension, limitation and revocation INFORMATION ON THE SECURITY SITUATION (a) The European Commission Security Directorate generally advises against any non-essential travel to a country where hostile conditions, or a combination of the following conditions, reduce the level of security, and pose a high level of threat to personnel, as follows: (1) international or internal armed conflict with frequent armed confrontation taking place, numerous casualties, and/or serious damage to infrastructure; (2) a situation that could lead to war, or characterised by high internal or external tension that could escalate into instability in the short term; very poorly functioning institutions; (3) relatively frequent terrorist attacks due to the presence of active terrorist groups, either domestic or transnational, and state authorities that are unable to ensure a satisfactory level of security; and (4) frequent criminal violence that also targets non-nationals. State authorities have a limited ability to counter criminal activities and ensure security. (b) Countries where the above conditions apply should not be considered to be compatible with the performance of on-site audits by the competent authority. [Back to implementing rule:  145.B.355 Suspension, limitation and revocation] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 156 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 APPENDICES TO AMC TO ANNEX II (PART-145) Appendix I to AMC 145.B.20(1) EASA Form 4 The provisions of Appendix X to AMC M.B.602(a) and AMC M.B.702(a) EASA Form 4 apply. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 157 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Appendix II to AMC2 145.B.310(c) AMC 145.B.20(5) EASA Form 6 Part-145 APPROVAL RECOMMENDATION REPORT EASA FORM 6 Part 1: General Name of organisation: Approval reference: Requested approval rating: EASA Form 3 dated*: FAA FAR Title 14 CFR Part 145 Certificate No (if applicable): TCCA CAR 573 Certificate (if applicable): ANAC RBAC 145 Certificate (if applicable): Address of facility audited: Audit period: From to Date(s) of audit: Audit reference(s): Persons interviewed: Competent authority inspector(s) surveyor(s): Signature(s): Competent authority office: Date of EASA Form 6 Part 1 completion: *delete as appropriate TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 158 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Part-145 APPROVAL RECOMMENDATION REPORT EASA FORM 6 Part 2: Part-145 Compliance Aaudit Rreview The five columns may be labelled and used as necessary to record the approval class and/or product line reviewed. Against each column used of the following Part-145 points, please either tick () the box if satisfied with compliance or cross (X) the box if not satisfied with compliance, and specify the reference of the Part 4 finding next to the box, or enter N/A where if an item is not applicable, or N/R when if it is applicable but it was not reviewed. ParaPoint Subject 145.A.25 Facility requirements 145.A.30 Personnel requirements 145.A.35 Certifying Sstaff and support staff 145.A.376 Records of Aairworthiness review staff 145.A.40 Equipment, and Ttools and material 145.A.42 Acceptance of Components 145.A.45 Maintenance Ddata 145.A.47 Production Pplanning 145.A.48 Performance of maintenance 145.A.50 Certification of Mmaintenance 145.A.55 Record-keeping Maintenance Records 145.A.60 Occurrence Rreporting 145.A.65 Safety and Quality Policy, Maintenance procedures and Quality System 145.A.70 Maintenance Oorganisation Eexposition (MOE) (see Part 3) 145.A.75 Privileges of the organisation 145.A.80 Limitations on the organisation TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 159 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 145.A.85 Changes to the organisation 145.A.95 Findings 145.A.120 Means of compliance 145.A.140 Access 145.A.155 Immediate reaction to a safety problem 145.A.200 Management system 145.A.202 Internal safety reporting scheme 145.A.205 Contracting, subcontracting and procurement Competent inspector(s) surveyor(s): Signature(s): Competent authority office: Date of EASA Form 6 Part 2 completion: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 160 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Part-145 APPROVAL RECOMMENDATION REPORT EASA FORM 6 Part 3: Compliance with 145.A.70 Maintenance organisation exposition Please either tick () the box if satisfied with compliance; or cross (X) if not satisfied with compliance, and specify the reference of the Part 4 finding; or enter N/A where if an item is not applicable; or N/R when if it is applicable but it was not reviewed. PART 1 General Management 1.1 Corporate commitment Statement by the accountable manager 1.2 Safety and Quality policy and objectives 1.3 Management personnel 1.4 Duties and responsibilities of the management personnel 1.5 Management Oorganisation Cchart 1.6 List of Ccertifying staff, support staff and airworthiness review staff (Note: a separate document may be referenced) 1.7 Manpower resources 1.8 General description of the facilities at each address intended to be approved 1.9 Organisations intended scope of work 1.10 Notification pProcedure for changes requiring prior approval to the competent authority regarding changes to the organisation’s activities/approval/location/personnel 1.11 Procedure for Eexposition amendments procedures and changes not requiring prior approval 1.12 Procedure for alternative means of compliance PART 2 Maintenance Pprocedures 2.1 Supplier evaluation and subcontract control procedure 2.2 Acceptance/inspection of aircraft components and material from outside contractors 2.3 Storage, tagging, and release of aircraft components and material to aircraft maintenance 2.4 Acceptance of tools and equipment 2.5 Calibration of tools and equipment 2.6 Use of tooling and equipment by staff (including alternate tools) 2.7 Cleanliness standards of maintenance facilities 2.8 Maintenance instructions and relationship to aircraft/aircraft component manufacturers’ instructions including updating and availability to staff 2.9 Repair procedure 2.10 Aircraft maintenance programme compliance 2.11 Airworthiness Directives procedure 2.12 Optional modification procedure TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 161 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Part-145 APPROVAL RECOMMENDATION REPORT EASA FORM 6 Part 3: Compliance with 145.A.70 Maintenance organisation exposition 2.13 Maintenance documentation in use and its completion 2.14 Technical records control 2.15 Rectification of defects arising during base maintenance 2.16 Release to service procedure 2.17 Records for the operator 2.18 Occurrence Rreporting of defects to the competent authority/Operator/Manufacturer 2.19 Return of defective aircraft components to store 2.20 Defective components to outside contractors 2.21 Control of computer maintenance record systems 2.22 Control of man-hour planning versus scheduled maintenance work 2.23 Critical maintenance tasks and error-capturing methods 2.24 Reference to specific maintenance procedures 2.25 Procedures to detect and rectify maintenance errors 2.26 Shift/task handover procedures 2.27 Procedures for notification of maintenance data inaccuracies and ambiguities to the type certificate holder 2.28 Production planning procedures 2.29 Airworthiness review procedures and records for aircraft covered by Part-ML ELA1 aircraft not involved in commercial operations 2.30 Development and approval processing for maintenance programmes for ELA2 aircraft not involved in commercial operations PART L2 Additional Lline Mmaintenance Pprocedures L2.1 Line maintenance control of aircraft components, tools, equipment, etc. L2.2 Line maintenance procedures related to servicing/fuelling/de-icing, etc. L2.3 Line maintenance control of defects and repetitive defects L2.4 Line procedure for completion of technical log L2.5 Line procedure for pooled parts and loaned parts L2.6 Line procedure for return of defective parts removed from aircraft L2.7 Line procedure for critical maintenance tasks and error-capturing methods PART 3 Quality Management Ssystem Pprocedures 3.1 Hazard identification and safety risk management schemes 3.2 Internal safety reporting and investigations 3.3 Safety action planning 3.4 Safety performance monitoring 3.5 Management of change (including organisational changes with regard to safety responsibilities) 3.6 Safety training and promotion 3.7 Immediate safety action and coordination with the operator’s ERP 3.8 Compliance monitoring TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 162 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 3.8.1 Quality aAudit plan and audit of organisation procedures 3.8.2 Quality Product audit of aircraft and inspections 3.8.3 Audit findings — corrective Quality audit remedial action procedure 3.94 Certifying staff and support staff qualifications and training procedures TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 163 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Part-145 APPROVAL RECOMMENDATION REPORT EASA FORM 6 Part 3: Compliance with 145.A.70 Maintenance organisation exposition 3.105 Certifying staff records 3.116 Quality audit Compliance monitoring and safety management personnel 3.127 Qualifying inspectors 3.138 Qualifying mechanics 3.149 Aircraft/aircraft component maintenance tasks exemption process control Control of the process for exemption from aircraft/aircraft component maintenance tasks 3.1510 Concession control for deviation from organisation’s procedures 3.1611 Qualification procedure for specialised activities such as NDT, welding, etc. 3.1712 Management of Control of manufacturers’ and other external maintenance working teams 3.13 Human Factors training procedure 3.1814 Competence Competency assessment of personnel 3.1915 Training procedures for on-the-job training as per Section 6 of Appendix III to Part-66 (limited to the case where the competent authority for the Part-145 approval and for the Part-66 licence is the same). 3.2016 Procedure for the issue of a recommendation to the competent authority for the issue of a Part-66 licence in accordance with 66.B.105 (limited to the case where the competent authority for the Part-145 approval and for the Part-66 licence is the same). PART 4 Operators 4.1 Contracting operators 4.2 Operator procedures/paperwork 4.3 Operator record completion PART 5 Appendices Supporting documents 5.1 Sample Ddocuments 5.2 List of subcontractors 5.3 List of Lline maintenance locations 5.4 List of contracted Part-145 organisations MOE Rreference: MOE Aamendment: Competent authority audit staff: Signature(s): Competent authority office: Date of EASA Form 6 Part 3 completion: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 164 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Part-145 APPROVAL RECOMMENDATION REPORT EASA FORM 6 Part 4: Findings — Part-145 Compliance status Each level 1 and 2 finding should be recorded, whether it has been rectified or not, and should be identified by a simple cross-reference to the Part 2 requirement. All non-rectified findings should be copied in writing to the organisation for them to take the necessary corrective action. Part Audit reference(s): L Corrective action 2 or 3 E reference Findings V Date Date Reference E Due Closed L TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 165 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Part-145 APPROVAL RECOMMENDATION REPORT EASA FORM 6 Part 5: Part-145 Approval or continued approval or change recommendation* Name of organisation: Approval reference: Audit reference(s): The following Part-145 scope terms of approval are is recommended for this organisation: Or, it is recommended that the Part-145 scope terms of approval specified in EASA Form 3 referenced ...................................................... should be continued. Name of recommending competent authority inspector surveyor: Signature of recommending competent authority inspector surveyor: Competent authority office: Date of recommendation: EASA Form 6 review (quality check): Date: *delete as appropriate [Back to implementing rule:  145.B.310 Initial certification procedure] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 166 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Appendix III to AMC1 145.A.15 EASA Form 2 The provisions of Appendix IX to AMC M.A.602 and AMC M.A.702 EASA Form 2 apply. [Back to implementing rule:  145.A.15 Application for an organisation certificate] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 167 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Appendix IV to AMC3 145.A.30(e) and AMC2 145.B.200(a)(3) 145.B.10(3) Fuel Ttank Ssafety Ttraining This appendix includes general instructions for providing training on Ffuel Ttank Ssafety issues. A. Effectivity:  Large aeroplanes as defined in Decision 2003/11/RM of the Executive Director of the Agency (CS-25) and certified after 1 January 1958 with a maximum type certified passenger capacity of 30 or more or a maximum certified payload capacity of 7 500 lbs (3 402 kg) cargo or more, and  Large aeroplanes as defined in Decision 2003/11/RM of the Executive Director of the Agency (CS-25), which contains have CS-25 aAmendment 1 or later in their certification basis. B. Affected organisations:  Part-145 approved maintenance organisations that are involved in the maintenance of the aeroplanes specified in paragraph A), and fuel system components installed on such aeroplanes when the maintenance data is are affected by CDCCL.  Competent authorities that are responsible as per 145.B.30 for the oversight of the Part-145 approved organisations specified in this paragraph B). C. Persons from affected organisations who should receive training: Phase 1 only:  The group of persons who representing the maintenance management structure of the organisation, the quality compliance monitoring manager, the safety manager and the staff who are directly involved in required to quality monitoring the compliance of the organisation.  The Ppersonnel of the competent authorities who are responsible as per 145.B.30 for the oversight of the Part-145 approved maintenance organisations specified in paragraph B). Phase 1 + Phase 2 + Continuation recurrent training:  The Ppersonnel of the Part-145 approved maintenance organisation who are required to plan, perform, supervise, inspect and certify the maintenance of the aircraft and fuel system components specified in paragraph A). D. General requirements of the training courses Phase 1 – Awareness: The training should be carried out before the person starts to work without supervision, but not later than 6 months after joining the organisation. The persons who have already attended the Level 1 Familiarisation course in compliance with ED Decision 2007/002/R Appendix IV is are already in compliance with Phase 1. TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 168 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145 Type: It sShould provide be an awareness of course with the principal elements of the subject. It may take the form of a training bulletin, or any other self-study or informative session. The Ssignature of the reader trainer is required to ensure that the person has passed the training. Level: It should be a course at the level of familiarisation with the principal elements of the subject. Objectives: The trainee should, after the completion of the training: 1. Bbe familiar with the basic elements of the fuel tank safety issues.; 2. Bbe able to give a simple description of the historical background and the elements requiring a safety consideration, using common words and showing examples of non-conformities.; 3. Bbe able to use typical terms. Content: The course should include:  a short background showing examples of FTS accidents or incidents,;  the description of the concept of fuel tank safety and CDCCL,;  some examples of manufacturers documents showing CDCCL items,;  typical examples of FTS defects,;  some examples of TC holders repair data;  some examples of maintenance instructions for inspection. Phase 2 — Detailed training A flexible period may be allowed by the competent authorities to allow organisations to set up the necessary courses and impart provide the training to the personnel, taking into account the organisation’s training schemes/means/practices. This flexible period should not extend beyond 31 December 2010. The persons who have already attended the Level 2 Detailed training course in compliance with ED dDecision 2007/002/R Appendix IV either from a Part-145 maintenance organisation or from a Part-147 training organisation are already in compliance with Phase 2 with the exception of recurrent continuation training. Staff should have received Phase 2 training by 31 December 2010 or within 12 months of joining the organisation, whichever comes later. Type: It sShould be a more in-depth internal or external course. It should not take the form of a training bulletin, or any other form of self-study. At the end of the course, the trainees should be required to take Aan examination should be required at the end, which should be in the form of a multi choice questions, and the pass mark of the examination should be 75 %. […] [Back to implementing rule: TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 169 of 170 An agency of the European Union European Union Aviation Safety Agency NPA 2019-05 (C) Proposed amendments to Part-145  145.A.30 Personnel requirements  145.B.200 Management system] TE.RPRO.00034-008 © European Union Aviation Safety Agency. All rights reserved. ISO 9001 certified. Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/internet. Page 170 of 170 An agency of the European Union
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