Article 3
Part-M & Part-ML applicability
1. The continuing airworthiness of aircraft referred to in point (a) of Article 11 and components for installation thereon shall be ensured in accordance with the requirements of Annex I (Part-M), except for aircraft listed in the first subparagraph of paragraph 2 to which the requirements of Annex Vb (Part-ML) shall apply.
1the continuing airworthiness of aircraft, including any component for installation thereto, which are:
(i) registered in a Member State, unless their regulatory safety oversight has been delegated to a third country and they are not used by an EU operator; or
(ii) registered in a third country and used by an EU operator, where their regulatory safety oversight has been delegated to a Member State;
Annex Vb (Part-ML) applicability
2. The requirements of Annex Vb (Part-ML) shall apply to the following other than complex motor-powered aircraft:
(a) aeroplanes of 2 730 kg maximum take-off mass or less;
(b) rotorcraft of 1 200 kg maximum take-off mass or less, certified for a maximum of up to 4 occupants;
(c) other ELA2 aircraft.
Where aircraft referred to points (a), (b) and (c) of the first subparagraph is listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008, the requirements of Annex I (Part-M) shall apply.
List in AOC (Part-ML aircraft)
3. In order to be listed in the air operator certificate of an air carrier licensed in accordance with Regulation (EC) No 1008/2008, aircraft referred to in points (a), (b) and (c) of the first subparagraph of paragraph 2 shall comply with all of the following requirements:
(a) its aircraft maintenance programme has been approved by the competent authority in accordance with point M.A.302 of Annex I (Part-M);
(b) due maintenance required by the maintenance programme referred to in point (a) has been performed and certified in accordance with point 145.A.48 and 145.A.50 of Annex II (Part-145);
(c) an airworthiness review has been performed and a new airworthiness review certificate has been issued in accordance with point M.A.901 of Annex I (Part-M).
Permit to Fly
4. By way of derogation from paragraph 1 of this Article, the continuing airworthiness of aircraft referred to in point (a) of Article 1 (ref note 1), for which a permit to fly has been issued, shall be ensured on the basis of the specific continuing airworthiness arrangements defined in the permit to fly issued in accordance with Annex I (Part-21) to Commission Regulation (EU) No 748/20121.
Aircraft Maintenance Programme
5. Aircraft maintenance programmes for aircraft referred to in point (a) of Article 1 that comply with the requirements specified in point M.A.302 of Annex I (Part-M) applicable before 24 September 2019 shall be deemed to comply with the requirements specified in point M.A.302 of Annex I (Part-M) or point ML.A.302 of Annex Vb (Part-ML), as applicable, in accordance with paragraphs 1 and 2.
Annex Va (Part-T) applicability
6. Operators shall ensure the continuing airworthiness of aircraft referred to in point (b) of Article 1 and components for installation thereon in accordance with the requirements of Annex Va (Part-T)2.
2aircraft registered in a third country for which their regulatory safety oversight has not been delegated to a Member State when they are dry leased-in by an air carrier licensed in accordance with Regulation (EC) No 1008/2008.
This means that the provisions of Part-T are not applicable to aircraft registered in a third country for which their regulatory safety oversight has been delegated to a Member State. In such a case, the responsibilities established under M.A.201 are applicable (ref. Article 1(a)(ii) of Regulation (EU) No 1321/2014).
Other than complex motor-powered aircraft (multiple turboprop)
7. The continuing airworthiness of aeroplanes with a maximum certificated take-off mass at or below 5 700 kg which are equipped with multiple turboprop engines shall be ensured in accordance with the requirements applicable to other than complex motor-powered aircraft as set out in points M.A.201, M.A.301, M.A.302, M.A.601 and M.A.803 of Annex I (Part-M), point 145.A.30 of Annex II (Part-145), points 66.A.5, 66.A.30, 66.A.70, Appendix V and VI of Annex III (Part-66), point CAMO.A.315 of Annex Vc (Part-CAMO), point CAO.A.010 and Appendix I of Annex Vd (Part-CAO) to the extent that they apply to other than complex motor-powered aircraft.
Article 3 to Regulation (EU) 1321/2014 (incl. amending Regulation (EU) 2020/1159)