Page 1 of 2 Date 28 May 2020 Number ILT-2020/30489
Human Environment and Transport Inspectorate Ministry of Infrastructure and Water Management
c
General approval
Date 28 May 2020
Number
Subject ILT-2020/30489
Covid19 – outbreak: Acceptance of previous issue of Airworthiness Review Certificates.
Valid until:
15 August 2020
The Civil Aviation Authority of The Netherlands and pursuant to article 71(1) of Regulation (EU) No. 2018/1139, grants an exemption for the following requirements:
Exempted requirements:
Regulation (EU) No 1321/2014 (‘the Continuing Airworthiness Regulation’),
- Annex I (Part-M) article M.A.901(a) and Appendix III (ARC 15b issue 6), and - Annex Vb (Part-ML) article ML.A.901(a) and Appendix IV (ARC Form 15c issue
3), as applicable.
Summary of the exemption:
Regulations (EU) 2019/1383 and (EU) 2020/270 amending the Continuing Airworthiness Regulation introduced proportional rules for airworthiness of general aviation, management systems in continuing airworthiness management organisations and clearer continuing airworthiness records requirements. These regulations also introduced revised Airworthiness Review Certificates for aircraft subject to Part-M (EASA Form 15b issue 6) and Part-ML (EASA Form 15c issue 3);
these certificates shall be issued upon a satisfactory airworthiness review when the previous ARC expires and cannot be extended (aircraft is not in a controlled environment). These regulations became applicable from 24 March 2020.
However the COVID-19 outbreak has resulted in drastic restrictions which may prevent regulated approved organisations from effectively implementing these new requirements. Accordingly this exemption allows to temporarily accept that an Airworthiness Review Certificate has been issued pursuant the previous regulation.
In view of the above The Netherlands has decided that, subject to fulfilling the applicable mitigating conditions as specified in this Exemption (see field “Summary of mitigations”), all of the following shall apply:
a) By way of derogation from article M.A.901(a) and Appendix III (ARC EASA Form 15b issue 6) of Part-M and article ML.A.901(a) and Appendix IV (ARC EASA Form 15c issue 3) of Part-ML of the Continuing Airworthiness Regulation, as applicable from 24 March 2020, an aircraft may have an Airworthiness Review Certificate issued based on the previous regulation in accordance with the requirements of Regulation (EU) No 1321/2014 and its technical Annexes as they were on 23 March 2020;
Page 2 of 2 Date 28 May 2020 Number ILT-2020/30489
Human Environment and Transport Inspectorate Ministry of Infrastructure and Water Management
b) A corrected Airworthiness Review Certificate, based on the information of the previously issued Airworthiness Review Certificate, shall be issued for the affected aircraft in accordance with Part-M Appendix III (EASA Form 15b issue 6) or Part-ML Appendix IV (ARC EASA Form 15c issue 3), as applicable, ultimately by 15 August 2020;
c) The derogation provided for in point (a) is granted until 15 August 2020.
Reason for granting the exemption:
Urgent unforeseeable circumstances
The COVID-19 outbreak has resulted in drastic restrictions, which may prevent the proper implementation of the new and revised Annexes to Regulation (EU) No 1321/2014 amended by Regulations (EU) 2019/1383 and (EU) 2020/270, and applicable from 24 March 2020.
Urgent operational needs
As a result of the of the extreme operational and resource constraints caused by the COVID-19 outbreak, it is needed to apply this exemption to ensure business continuity, when the said circumstances are notified to the Competent Authority by the person or organisation involved in the continuing airworthiness of aircraft and components.
Summary of mitigating measures Safety, environmental protection
Considering that the airworthiness review is performed i.a.w. the regulation, the Airworthiness Review Certificate not being of the correct form (15c instead of 15b) and/or previous issue does not affect the safety. However for the mutual recognition of certificates pursuant Basic Regulation 2018/1139 article 67, the aircraft certificates should ultimately be compliant with the regulation.
Market distortion
Due to the exceptional circumstances affecting all EU Member States, and given its limited duration, the exemption does not have a distorting effect on the market conditions.
Concerned entity details
• Aircraft operators/owners of aircraft applicable for Part-M and Part-ML.
• Organisations approved in accordance with Subpart F and Subpart G of Annex I (Part-M), Annex II (Part-145), Annex Vc (Part-CAMO) and Annex Vd (Part-CAO) to Regulation (EU) No 1321/2014.
• Persons authorised in accordance with ML.A.904 of Annex Vb (Part-ML) to Regulation (EU) No 1321/2014.
The Minister of Infrastructure and Water Management, on her behalf,
The Inspector,
Ing. E.F. Roozen
E.F.
Roozen
Digitaal ondertekend door E.F. Roozen Datum:
2020.06.02 09:51:19 +02'00'
