Regulation (EU) 2021/1963
About for this article: The scope of this article is to present the Part-145 regulatory changes and help the reader to conduct a customized gap analysis before updating the MOE and implementing an SMS.
145.A.10 Scope
There is no change in the requirement text.
Potential adjustment only if there are changes in the AMCs/GMs and the current MOE.
145.A.15 Application for an organization certificate
The title has been changed (previous title was “Application”).
Added the applcable Part-M and Part-ML requirements and some extra requirements for applicants for an initial certificate.
Refer to the list of Part-M and Part-ML requirements that needs to be addressed in the MOE/ procedures. Despite the new wording the organisation is expected to comply with this requirement before the transition.
From 2 December 2022, organisations pursuing an initial certificate shall provide to the competent authority the results of a pre-audit performed by the organisation against applicable requirements Part-M, Part-ML and ‘new Part-145’.
EASA proposed to use ‘Form 2’ as indicated in AMC1 to 145.A.15. The manner to communicate the form is left to each competent authority’s discretion to define.
145.A.20 Terms of approval and scope of work
Previous title was “Terms of approval”.
The Scope of work has to be in accordance with 145.A.70.
The Terms of approval attached to the organisation’s certificate are issued by the competent authority.
145.A.30 Personnel requirements
(a) Requirement for ‘accountable manager’ is reworded with potential impact on the description of responsibilities in the MOE;
(b) Nominated person of group of persons representing the management structure;
(c) compliance monitoring instead of quality system (ca) new position ‘Safety manager’;
Accountable manager has a basic understanding of this Regulation (expected to cover 2018/1139 and 1321/2014), in particular new responsibilities to establish and promote safety policy (reference to 145.a.200(a)(2)). Nominate safety manager and compliance monitoring manager (reusing as possible and desired the quality system function).
(ca) Person responsible for the safety management processes (‘safety manager’) is subject to approval of the competent authority pursuant article 145.A.85(a)(2).
Nominated person or group of persons demonstrate a working knowledge of the changes in 1321/2014 as per this amendment and changes in the new MOE/procedures. An ‘EASA Form 4’ is no longer necessary.
(cb) existing requirement (cc) existing requirement;
(d) re-wording with low impact on compliance;
(e) re-wording to account for ‘safety management and compliance monitoring’, addition of competency to include an understanding of safety management principles;
Organisation to establish and control the competency of the safety manager as well as to include in the competence for all personnel an understanding of the application of safety management principles.
(f) to (i) no change;
(j) extended to cover support staff for base maintenance (j)(1) and other re-wording with low impact on compliance;
(k) airworthiness review under Part-ML reference to 145.A.37.
The managers of paragraphs (b) are responsible for ensuring the staff work
in accordance with the organisation exposition and procedures, while the manager in paragraph (c) is responsible for monitoring the organisation’s compliance with Regulation (EU) No 1321/2014.
145.A.35 Certifying staff and support staff
(a) to (c) no change
(d) to (f) re-wording to emphasize up-to-date knowledge based on recurrent training and to include safety management
(g) and (h) no change
(i) reworded to account for nominated group of persons instead of single person
Former (j) requirement to maintain a record of all certifying and support staff is covered by new 145.A.55(d).
All subsequent requirements are changing letter and 145.A.35(o) is removed.
Training on safety management that can be accomplished through 145.A.30
The term “recurrent training” was used instead of “continuation training”.
The term ‘continuation training’ could also be understood as being incomplete and to be continued 2 years later.
145.A.37 Airworthiness review staff
Introduced as new number but the content is equivalent to former 145.A.30(k).
Editorial changes to the MOE and the procedures may be needed due to new numbering Eligibility criteria for sailplanes and balloons are relaxed. Requirement removed for AR staff to be independent from the continuing airworthiness management process of the aircraft being reviewed.
145.A.45 Maintenance Data
(a) Editorial change including change of reference (old 145.A.55(c) equivalent to 145.A.55(a)(3)
(b) No change
(c) Detected inaccurate, incomplete or ambiguous maintenance is also recorded as part of the internal safety reporting scheme (referred to in point 145.A.202)
(d) editorial
(e) added that also long maintenance tasks shall be transcribed onto the work cards or worksheets.
This can be alternatively covered by a transition finding against 145.A.202 In case of non-compliance with paragraph 145.A.45(c) in respect to notification to the author an oversight finding should be raised.
145.A.47 Production planning
(a) no change
(b) planning shall take into account the human performance, including the threat of fatigue, as part of the management system
(c) no change
new: The organisation shall ensure that aviation safety hazards associated with external working teams carrying out maintenance at the organisation’s facilities are considered by the organisation’s management system.’
The organisation should amend current exposition and procedures to account for the changes in this requirement. The term “fatigue” is referred as “threat” rather than “risk”. It is not suitable to assess the consequences of fatigue in terms of probability and severity.
145.A.48
(a) containing former 145.A.80
(b) new: The organisation shall be responsible for the maintenance that is performed within the scope of its approval.
(c) (1) to (4) are covering former 145 (a) to (d)
(c) (5) new: referring to M(L).A.403(b) for assessment of aircraft defects.
Despite the new points and numbers, there are not potential transition findings with the changes. In case of non- compliance with 145.A.48, an oversight finding should be raised. Editorial updates to the MOE and the procedures may be needed due to the changes.
145.A.50 Certification of maintenance
(a) change to emphasize that the verification is performed by the certifying staff issuing the CRS
(b) no change
(c) ‘aircraft operator’ is replaced by ‘person or organisation responsible for the aircraft continuing airworthiness’
(d) change to clarify that CRS is issued by appropriately authorised certifying staff on behalf of the organisation. ‘required maintenance’ is replaced by ‘maintenance that was ordered’
(g) no change
(f) editorial changes.
145.A.55 Record keeping
Previous title: ‘Maintenance and airworthiness review records’
(a) Maintenance records: (a)(1) previously (a), (a)(2) previously (b), (a)(3) previously (c), (a)(4) previously (c)(3)
(b) Airworthiness review records: (b)(1) previously under (a), (b)(2) previously under (c), (b)(3) previously under (c)(3)
(c) New: Management system, contracting and subcontracting records
(d) Personnel records: (1)(i) new, (1)(ii) and (2) previously under 145.A.36, (3) previously 145.A.35(j), (4) only partially covered, (5) previously under 145.A.36 and 145.A.35(j)
(e) New establishing the need of a record-keeping system
(f) New establishing the need to document the format of the records
Previously under (c)(1) and (2).
Potential transition finding of non-compliance with 145.A.55(c) or (d)(1)(i). This can be alternatively covered by a transition finding against 145.A.200 and 145.A.205. Potential transition finding of non-compliance with 145.A.55(e) and/or (f). Editorial updates to the MOE and the procedures may be needed due to the changes in references. Management system records are retained for at least 5 years in order to enable the identification of meaningful trends.
145.A.60 Occurrence reporting
(a) New: establishing occurrence reporting as part of the management system and in compliance with regulations EU) No 376/2014 and (EU) 2018/1139. Previously partially covered.
(b) reworded but previously under 145.A.60(a)
(c) New: reporting such events to the person or organisation that is responsible for the continuing airworthiness of that aircraft.
new: establishing the requirements for organisations that do not have their principal place of business in a Member State, establishing both initial mandatory reports and, where relevant, a follow-up report.
145.A.65 Maintenance procedures
Previous title: ‘Safety and quality policy, maintenance procedures and quality system’
(a) safety and quality policy moved to 145.A.200(a)(2). reworded but previously under (b)
(b) previously under (b)(1) and (b)(2)
Former (c) related to quality system moved to requirement 145.A.200(ja)(6).
Editorial updates to the MOE and the procedures may be needed due to the changes in references IMPORTANT: When the activity is contracted, it is carried out under the contracted organisation’s approval.
145.A.70 MOE
(a)(1) no change
(a)(2) New: safety policy and the related safety objectives
(a)(3) to (5) include person(s) nominated under points 145.A.30
(c) and new (ca) and their responsibilities, organisation chart
(a)(6) ‘scope of approval’ replaced by ‘scope of authorisation’
(a)(7) now including the system that is in place to plan the availability of staff
(a)(8) facilities covering all approved locations (a)(9) added link to point 145.A.20
(a)(10) procedure that sets out the scope of changes not requiring prior approval including notification
(a)(11) editorial change
(a)(12) generalised to the procedures specifying how the organisation ensures compliance with this Annex
(a)(13) added ‘regular’ to aircraft maintenance services (a)(14) no change
(a)(15) generalised to all approved locations (a)(16) no change
(a)(17) New: the list of the currently approved alternative means of compliance used by the organisation
(b) and (c): (b) is reviewed to specify that the initial MOE is subject to competent authority approval. MOE update and approval process managed as per points (a)(10) and (a)(11). Changes listed in point 145.A.85(a) shall be approved by the competent authority.
New: Organisation shall develop a procedure to comply with (c), where previously the ‘indirect approval procedure’ was optionally (‘may’).
The organisation should amend current exposition to account for all changes, requiring to address at least: · the statement signed by the accountable manager confirming work in accordance with the new Annex II as amended by 2021/1963 · the safety policy (a)(2) · person(s) nominated under points 145.A.30 (c) and (ca) and their duties and responsibilities · new organisation chart · a general description of how the organisation ensures availability of staff (a)(7) · procedure defining the scope of changes not requiring prior approval and describing how such changes will be managed and notified (a)(10) and (11) · list of the approved locations and not only line stations in (a)(15) · list of the currently approved alternative means of compliance used by the organisation in (a)(17) MOE amendment for compliance with (a)(3), (a)(5), (10), (a)(11), (a)(17) and (c) has to be approved by the competent authority. In case the organisation already has an approved procedure for ‘indirect approval’, this continues to be applicable unless the NCA determined that the procedure is not meeting the requirements for the procedure changes not requiring prior approval. MOE amendment for other changes for compliance with new Part-145 procedures may be in scope of changes not requiring prior approval. 145.A.70 has been amended and it now reads ‘directly or by reference’, which allows reference to external documents in the MOE. New point (17), added in the MOE as regards the list of AltMoC.
145.A.75 Privileges of the organization
(a) and (b) editorial changes
(c) to (e): no change
(f): point is only applicable to organisations with its principal place of business in one of the Member States.
No impact from the changes, except (f) is not eligible.
145.A.80
Deleted. The text is moved to 145.A.48(a).
Editorial updates to the MOE and the procedures may be needed due to remove references to 145.A.80.
145.A.85 Changes to the organization
Content is mostly new with the following main changes:
(a) establishing a list of changes that require prior approval by the competent authority.
(b) establishing the process for changes that require prior approval by the competent authority
(c) establishing the process for changes that do not require prior approval by the competent authority.
As soon as the corresponding MOE procedures of 145.A.70(a)(10), (a)(11) and (c) are approved by the competent authority, the organisation may apply the procedure for changes not requiring prior approval. Changes to nominated persons require prior approval: This would impose an unnecessary burden on the organisation because of its responsibility to select who is best suited for these roles and this could hinder the operations in case of unplanned/unanticipated changes of personnel. Deputies are mentioned in 145.A.30(b). This would allow the organisation to continue operating while giving it the time to submit a new name for the nominated person and for the competent authority to approve it before the change effectively takes place.
145.A.90 Continued validity
(a)(1)to(3) editorial changes and adding compliance with Regulation (EU) 2018/1139. References to 145.B.350 and 145.A.140
(b): added ‘without delay’
Editorial updates to the MOE and the procedures may be needed to update relevant cross references.
145.A.95 Findings and observations
(a) Previously covered by 145.a.95(c). Added reference to point 145.B.350.
(a)(1) new addressing the need to identify the root cause(s) of, and contributing factor(s) to, the non-compliance.
(a)(2) and (a)(3) previously covered by 145.a.95(c).
New It should be noted that the corrective action & implementation plan is subject to assessment and acceptance of the competent authority pursuant point 145.B.350(d).
(b) new regarding the period agreed with that competent authority for the actions
new addressing the need to give due consideration to the observations in accordance with point 145.B.350(f).
Potential transition finding of non-compliance with 145.A.95(a)(2) would require the organisation to establish and implement procedures to submit the corrective action plan within the time frame granted and obtaining the acceptance of the competent authority. In case of non-compliance with aspects covered previously by former 145.A.60 an oversight finding should be raised. The definitions are now in Section B (145.B.350) and the obligation to categorise findings into level 1 and level 2 applies to the competent authority only. The actions referred to in 145.A.95 only refer to the findings issued by the competent authority.
145.A.120 Means of compliance
New point establishing the criteria to use alternative means of compliance to establish compliance with this Regulation.
Potential transition finding, if the organisation wishes to use an alternative means of compliance, is not needed as far as privilege is not exercised. A Procedure for alternative means of compliance that is acceptable to the competent authority is needed.
145.A.140 Access
Access to any facility covered by 145.A.90(a)(2), but now extended to any aircraft, document, records, data, procedures or to any other material and both to the competent authority defined in point 145.1 and to the authority performing the oversight tasks in accordance with point 145.B.300(d).
Even if partially newly introduced, this requirement is not considered as a novelty and no potential transition finding is expected regarding this requirement. In case of non-compliance, an oversight finding should be raised.
Editorial updates to the MOE and the procedures to update the relevant cross references.
145.A.55 Immediate reaction to a safety problem
145.A.155 add a new requirement to implement any safety measures mandated by the competent authority and any relevant mandatory safety information issued by the Agency.
Even if newly formally introduced through CAMO.A.155, this requirement is not considered as a novelty and apart from the case of the exposition update to account for that new article (refer to potential transition finding for MOE, refer to 145.A.70).
In case of non-compliance, an oversight finding should be raised.
The measures referred to in (a) include those taken by the competent authority because of an accident (or other data collected showing an immediate risk to civil aviation safety) or pursuant to Article 70(1) of the Basic Regulation or upon receipt of safety information and recommendations from EASA. The measure referred to in (b) is that referred to in Article 76(6) of the Basic Regulation and includes airworthiness directives (ADs).
145.A.200 Management System
Requirement introducing novelties
(a)(1) and (a)(2) was previously 145.A.65(a) (a)(6) was previously 145.A.65(c)
(b) is new but could already be in place
The organisation should amend current exposition quality system procedure to account for 145.A.200 and 145.A.202. Main novelties are: · 145.A.200(a)(2): Safety policy and related safety objectives. · 145.A.200(a)(3): identification of aviation safety hazards and management of associated risks. · 145.A.200(a)(4): safety promotion · 145.A.200(a)(5): documentation of all management system key processes. This is considered the main novelty of the regulation. As part of the transition 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. In case of non-compliance with 145.A.200(a)(1)/(a)(4)/(a)(6) an oversight finding should be raised.
145.A.202 Internal safety reporting scheme
Previously partly under 145.A.60(b).
A new 145.A.202 Internal safety reporting scheme is added to establish an internal reporting scheme supporting the organisation’s hazard identification and safety risk management processes and fostering its safety culture.
The internal reporting scheme shall also be accessible to organisations (i.e. sub-contractors) working under the management system. It also forms the basis for establishing mandatory and voluntary occurrence reporting as required by Regulation (EU) No 376/2014. The organisation should amend its procedures to account for 145.A.202
145.A.205 Contracting and subcontracting
A new 145.A.205 Contracting and subcontracting is added to clarify the responsibility of the Part-145 organisation to ensure that any contracting or subcontracting complies with applicable requirements.
Note that provisions for subcontracting where previously in AMC 145.A.75(b).
The organisation should amend current exposition to account for 145.A.205. In case of non-compliance with previous existing requirements (e.g. 145.A.75(b)), an oversight finding should be raised. The intent of paragraph (a)(2) is not to analyse the risks inherent to the activity/equipment provided by the external party but to the fact that an external party is involved (e.g. subcontracting the cleaning of the cabin to a non-approved organisation).