For the purpose of this Part, the competent authority shall be:
1.
for the oversight of the continuing airworthiness of individual aircraft and the issue of airworthiness review certificates the authority designated by the Member State of registry.
2.
for the oversight of a maintenance organisation as specified in M.A. Subpart F,
(i)
the authority designated by the Member State where that organisation’s princi-ple place of business is located.
(ii)
the Agency if the organisation is located in a third country.
3.
for the oversight of a continuing airworthiness management organisation as speci-fied in M.A. Subpart G,
(i)
the authority designated by the Member State where that organisation’s princi-ple place of business is located if the approval is not included in an air operator’s certificate.
(ii)
the authority designated by the Member State of the operator if the approval is included in an air operator’s certificate.
(iii) the Agency if the organisation is located in a third country.
4.
for the approval of maintenance programmes,
(i)
the authority designated by the Member State of registry.
(ii)
in the case of commercial air transport, when the Member State of the operator is different from the State of registry, the authority agreed by the above two States prior to the approval of the maintenance programme.
(iii) By derogation from paragraph 4(i), when the continuing airworthiness of an air-craft not used in commercial air transport is managed by a continuing airworthi-ness management organisation approved in accordance with Section A, Subpart G of this Annex (Part M) not subject to the oversight of the Member State of reg-istry, and only if agreed with the Member State of registry prior to the approval of the maintenance programme:
(a)
the authority designated by the Member State responsible for the oversight of the continuing airworthiness management organisation, or
(b)
the Agency if the continuing airworthiness management organisation is located in a third country.
EC 1056/2008
PART-M
19
ED 2008/013/R
AMC M.1
A competent authority may be a ministry, a national aviation authority or any aviation body designated by the Member State and located within that Member State. A Member State may designate more than one competent authority to cover different areas of responsibility, as long as the designation decision contains a list of the competencies of each authority and there is only one competent authority responsible for each given area of responsibility.
EC 1056/2008
SUBPART B
ACCOUNTABILITY
M.A.201 Responsibilities
(a)
The owner is responsible for the continuing airworthiness of an aircraft and shall ensure that no flight takes place unless:
1.
the aircraft is maintained in an airworthy condition, and;
2.
any operational and emergency equipment fitted is correctly installed and serv-iceable or clearly identified as unserviceable, and;
3.
the airworthiness certificate remains valid, and;
4.
the maintenance of the aircraft is performed in accordance with the approved maintenance programme as specified in M.A.302.
(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.
(c)
Any person or organisation performing maintenance shall be responsible for the tasks performed.
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