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

1

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

2
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 of 2407/92
  of 23 July 1992)

3
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.

4
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 GI)
  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 GI performs the
  airworthiness review and issues a recommendation.
  However, this is not practical because it
  requires another additional contract.

5
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 time the ARC.