Responsibilities

M.A.201

M.A.201(a) Continuing airworthiness

(a) The owner of the aircraft shall be responsible for the continuing airworthiness of aircraft and shall ensure that no flight takes place unless all of the following requirements are met:

(1) the aircraft is maintained in an airworthy condition;

(2) any operational and emergency equipment fitted is correctly installed and serviceable or clearly identified as unserviceable;

(3) the airworthiness certificate is valid;

(4) the maintenance of the aircraft is performed in accordance with the AMP specified in point M.A.302.

M.A.201(b) Aircraft Leasing

(b) When the aircraft is leased, the responsibilities of the owner are transferred to the lessee if:

1. the lessee is stipulated on the registration document; or

2. detailed in the leasing contract.
When reference is made in this Part to the ‘owner’, the term owner covers the owner or the lessee, as applicable.

M.A.201(c) Maintenance person/ organisation

(c) Any person or organisation performing maintenance shall be responsible for the tasks performed.

M.A.201(d) Pre-flight inspection

(d) The pilot-in-command or, in the case of aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/2008, the operator, shall be responsible for the satisfactory accomplishment of the pre-flight inspection. That inspection shall be carried out by the pilot or another qualified person and shall not need to be carried out by an approved maintenance organisation or by certifying staff.

M.A.201(e) Licensed air carrier operator

(e) In the case of aircraft used by air carriers licensed in accordance with Regulation (EC) No 1008/20081 the operator shall be responsible for the continuing airworthiness of the aircraft it operates and shall:

(1) ensure that no flight takes place unless the conditions set out in point (a) are met;

(2) take the necessary steps to ensure its approval as a continuing airworthiness management organisation (‘CAMO’) pursuant to Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), as part of air operator certificate for the aircraft it operates;

AMC M.A.201(e)(2) AOC responsibilities

1. An air carrier licensed in accordance with Regulation (EC) No 1008/2008 only needs to hold a CAMO approval as part of its air operator certificate (AOC) for the management of the continuing airworthiness of the aircraft listed on its AOC. The approval to carry out airworthiness reviews is optional.

2. Part-M does not provide for CAMOs to be independently approved to perform continuing airworthiness management tasks on behalf of air carriers licensed in accordance with Regulation (EC) No 1008/2008. The approval of such activity is vested in the (AOC).

3. The operator is ultimately responsible and, therefore, accountable for the airworthiness of its aircraft.

(3) take the necessary steps to ensure its approval in accordance with Annex II (Part-145) or conclude a written contract in accordance with point CAMO.A.315(c) of Annex Vc (Part-CAMO) or point M.A.708(c) of this Annex (Part-M) with an organisation which has been approved in accordance with Annex II (Part-145).

GM M.A.201(e) De-icing, anti-icing

The performance of ground de-icing and anti-icing activities does not require a Part-145 maintenance organisation approval. Nevertheless, inspections required to detect and, when necessary, remove de-icing and/or anti-icing fluid residues are considered maintenance. Such inspections may only be carried out by suitably authorised personnel.

M.A.201(ea) Single business grouping

(ea) By derogation to point (e)(2), at least two operators forming part of a single air carrier business grouping may use the same CAMO to assume the responsibility for the continuing airworthiness management of all the aircraft they operate, provided that all of the following requirements are met:

(1) the CAMO is approved in accordance with Annex Vc (Part-CAMO) for the aircraft to be managed;

(2) the CAMO forms part of the same air carrier business grouping as the operators concerned;

(3) a contract is established in accordance with Appendix I to this Annex between the CAMO and the AOC holder not itself approved as a CAMO;

(4) the CAMO has its principal place of business in the territory to which the Treaties apply;

(5) the individual management systems of the organisations concluding a contract are harmonised with each other.

M.A.201(eb) Termination or revocation of an AOC part in a single business grouping

(eb) By derogation to point (e)(2), when the termination or revocation of an air operator certificate results in a situation where an air carrier licensed in accordance with Regulation (EC) No 1008/2008 and forming part of an air carrier business grouping is no longer in compliance with point M.A.201(ea), that licensed air carrier shall define and implement an action plan to the satisfaction of the competent authority to comply with point M.A.201(e)(2) as soon as practicable.

M.A.201(f) Complex motor-powered aircraft- commercial operations (except licensed air carriers)

(f) For complex motor-powered aircraft used for commercial specialised operations, for CAT operations other than those performed by air carriers licensed in accordance with Regulation (EC) No 1008/2008 or by commercial Approved Training Organisations (‘ATO’) and Declared Training Organisations (‘DTO’) referred to in Article 10a of Regulation (EU) No 1178/20111, the operator shall ensure that:

(1) no flight takes place unless the conditions set out in point (a) are met;

(2) the tasks associated with continuing airworthiness are performed by a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M); when the operator is not a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), it shall conclude a written contract as regards the performance of those tasks in accordance with Appendix I to this Annex with an organisation approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M);

(3) the CAMO referred to in point (2) is approved in accordance with Annex II (Part-145) as an organisation to qualify for the issue of an approval for the maintenance of aircraft and of components for installation thereon, or that CAMO has concluded a written contract in accordance with point CAMO.A.315(c) of Annex Vc (Part-CAMO) or point M.A.708(c) of this Annex (Part-M) with organisations approved in accordance with Annex II (Part-145).

M.A.201(g) Complex motor-powered aircraft- other operations

(g) For complex motor-powered aircraft not included in points (e) and (f), the owner shall ensure that:

(1) no flight takes place unless the conditions set out in point (a) are met;

(2) the tasks associated with continuing airworthiness are performed by a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M); when the owner is not a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), it shall conclude a written contract as regards the performance of those tasks in accordance with Appendix I to this Annex with an organisation approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M);

(3) the CAMO referred to in point (2) is approved in accordance with Annex II (Part-145) as an organisation to qualify for the issue of an approval for the maintenance of aircraft and of components for installation thereon, or that CAMO has concluded a written contract in accordance with point CAMO.A.315(c) of Annex Vc (Part-CAMO) or point M.A.708(c) of this Annex (Part-M) with organisations approved in accordance with Annex II (Part-145).

M.A.201(h) Other than complex motor-powered aircraft- commercial SPO/ CAT (non-licensed air carriers)

(h) For aircraft other than complex motor-powered aircraft used for commercial specialised operations or for CAT operations other than those performed by air carriers licensed in accordance with Regulation (EC) No 1008/2008, or by commercial ATOs and commercial DTOs referred to in Article 10a of Regulation (EU) No 1178/2011, the operator shall ensure that:

(1) no flight takes place unless the conditions set out in point (a) are met;

(2) the tasks associated with continuing airworthiness are performed by a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), or a combined airworthiness organisation (‘CAO’) approved in accordance with Annex Vd (Part-CAO); when the operator is not a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), or a CAO approved in accordance with Annex Vd (Part-CAO), it shall conclude a written contract in accordance with Appendix I to this Annex with a CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M), or a CAO approved in accordance with Annex Vd (Part-CAO);

(3) the CAMO or CAO referred to in point (2) is approved in accordance with Annex II (Part-145) or in accordance with Subpart F of this Annex (Part-M), or as a CAO with maintenance privileges, or that CAMO has concluded a written contract in accordance with point CAMO.A.315(c) of Annex Vc (Part-CAMO) or point M.A.708(c) of this Annex (Part-M) with organisations approved in accordance with Annex II (Part-145) or in accordance with Subpart F of this Annex (Part-M) or Annex Vd (Part-CAO) with maintenance privileges.

M.A.201(i) Other than complex motor-powered aircraft- other operations

(i) For aircraft other than complex motor-powered aircraft not included in points (e) and (h), or used for limited operations, the owner shall ensure that flight takes place only if the conditions set out in point (a) are met. To that end, the owner shall:

(1) attribute the continuing airworthiness tasks referred to in point M.A.301 to a CAMO or CAO through a written contract concluded in accordance with Appendix I; or

(2) carry out those tasks himself; or

(3) carry out those tasks himself except the tasks of the development of and the processing of the approval of the AMP, only if those tasks are performed by a CAMO or CAO through a limited contract concluded in accordance with point M.A.302.

AMC M.A.201(i)(3) Limited contract for the development of the AMP

The limited contract for the development and, when applicable, processing of the approval of the aircraft maintenance programme should cover the responsibilities related to M.A.302(d), M.A.302(f) and M.A.302(h).

GM M.A.201(i) Aircraft maintenance programme

If an owner decides not to make a contract in accordance with M.A.201(i), the owner is fully responsible for the proper accomplishment of the corresponding tasks. As a consequence, it is recommended that the owner properly self-assesses his/her own competence to accomplish them or otherwise seeks the proper expertise.

M.A.201(j) Competent authority access

(j) The owner/operator shall ensure that any person authorised by the competent authority is granted access to any of its facilities, aircraft or documents related to its activities, including any subcontracted activities, to determine compliance with this Part.

M.A.201(k) Mixed operations

(k) Where an aircraft included in an air operator certificate is used for non-commercial operations or specialised operations under point ORO.GEN.310 of Annex III or point NCO.GEN.104 of Annex VII to Regulation (EU) No 965/2012, the operator shall ensure that the tasks associated with continuing airworthiness are performed by the CAMO approved in accordance with Annex Vc (Part-CAMO) or Subpart G of this Annex (Part-M) or the combined airworthiness organisation (“CAO”) approved in accordance with Annex Vd (Part-CAO), whichever applicable, of the air operator certificate holder.

GM1 M.A.201(k) Use of aircraft included in an AOC for NCO or SPO

As point (k) is not a derogation from the previous points of M.A.201, points M.A.201(f), (g), (h) and (i) are still applicable.

Continuing airworthiness management for each type of operator/ aircraft

		Continuing airworthiness management
Commercial operations	Licenced air carriers ((EC) 1008/2008)	Continuing airworthiness shall be performed by a CAMO. Operator shall be CAMO approved (CAMO linked to the AOC).
	Commercial specialised operations or CAT operations other than licensed air carriers or commercial ATOs	Continuing airworthiness shall be performed by a CAMO. Operator shall obtain CAMO approval, or operator shall contract a CAMO
Other than commercial operations	Complex motor-powered aircraft Twin turboprop aeroplanes of 5 700 kg MTOM and below can be exempted by the Member State from complying with any requirements applicable to CMPA and shall instead comply with the requirements applicable to other than CMPA	Continuing airworthiness shall be performed by a CAMO. Owner shall contract a CAMO
	Other than complex motor-powered aircraft (CMPA) and limited operations Limited operations are defined in Regulation (EU) 1312/2014 Article 2(p)	Continuing airworthiness management may be performed by the owner. CAMO is not required.