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Aircraft registered in a Member State and used by an operator located in a third country Frederic Knecht Rulemaking Directorate EASA. Aircraft registered in a Member State and used by an operator located in a third country.

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Aircraft registered in a Member State and used by an operator located in a third country

Frederic Knecht

Rulemaking Directorate

EASA

aircraft registered in a member state and used by an operator located in a third country
Aircraft registered in a Member State and used by an operator located in a third country

For aircraft registered in a Member State and operated in a third country:

  • EU regulation 2042/2003 applies because of Article 1.1(a) when the State of Registry has not transferred the responsibility per Article 1.2.
  • Article 1.3 states: “the provision of this regulation (2042/2003) related to commercial air transport (CAT) are applicable to licensed air carrier as defined by the Community law”.
  • The provisions of CAT do not apply because the operator in a third country is not a licensed air carrier as defined by the Community law (EEC) No 1008/08 of 24 September 2008 (recast of2407/92 of 23 July 1992)
aircraft registered in a member state and used by an operator located in a third country1
Aircraft registered in a Member State and used by an operator located in a third country
  • However, according to the legal services of the Commission, even when the provisions of CAT do not apply, those aircraft are still considered as being involved in CAT and the opt-outs for aircraft not involved in CAT cannot be used.

As a consequence (assuming that we are talking about large aircraft):

since 28 September 2005:

    • the contract with a CAMO approved in accordance with subpart-G.
    • and the maintenance in Part-145 AMO

are required.

aircraft registered in a member state and used by an operator located in a third country2
Aircraft registered in a Member State and used by an operator located in a third country

Regarding the contract with the CAMO.

  • If it is a CAMO located in a Member State, this CAMO may perform airworthiness review (when it has been granted the additional privilege G+I) and issue the ARC or a recommendation for the authority to issue the ARC.
  • If it is a CAMO located in a third country, it cannot have the privilege to perform airworthiness reviews.
  • One option would be that a CAMO located in a Member State with privileges G+I performs the airworthiness review and issues a recommendation. However, this is not practical because it requires another additional contract.
aircraft registered in a member state and used by an operator located in a third country3
Aircraft registered in a Member State and used by an operator located in a third country

A solution has been introduced in the new regulation 1056/2008, in:

  • For aircraft not involved in CAT (as per the interpretation of the Commission):
    • Paragraph M.A.901(i)1: The authority of the State of Registry may perform the airworthiness review and issue the ARC for aircraft managed by a foreign CAMO.
    • Then, per new M.A.901(f), the foreign CAMO managing the aircraft may extend twice for a period of 1 year each time the ARC.
  • For aircraft involved in CAT:
    • There would be a need that once every three years an EU CAMO issues a recommendation and the authority issues the ARC.
    • Then, per new M.A.901(f), the foreign CAMO managing the aircraft may extend twice for a period of 1 year each timethe ARC.