EASA has growing impact on the lease management of aircraft operating within the community, EASA Part M regulations directly addresses owners of leased aircraft, considering also the expanding responsibilities and scope of EASA, more regulations are becoming relevant to the needs of the leasing community as a group.
Many Countries around the world are adopting the EASA regulatory environment to replace their own. On 1 May 2011 entered into force the Agreement between the USA and the EU on cooperation in the regulation of civil aviation safety (This should ultimately serve to make it somewhat less challenging as we increasingly see standardisation taking place).
When we look at aircraft delivery/re delivery we should see that there are a number of specific areas which are directly relevant to the importation / exportation and Leasing of Aircraft.
In the area of Initial Airworthiness we have (Part 21) – Type Certificates, Supplemental Type Certificates, Airworthiness Certificates, Noise Certificates, Design Organisation Approvals, Appliance and Part Approvals (e.g. TSO / ETSOs, PMA / EPAs), Repair Approvals, Permits-to-fly; Airworthiness Codes (e.g. CS-25 – Certification Specifications Large Aircraft), Additional Airworthiness Specifications (CS-26). As well as the need for comparison with related and corresponding US FARs.
In the area of Continuing Airworthiness (Part M) to consider the regulatory obligations of the owner / leaseholder to manage the continuing airworthiness using the EASA Part M Subpart G organisation. Contracts play a significant role in this area as well as Maintenance “Contracts” (where legal responsibility is transferred) we have a number of “ Sub contracts” where the owner / leaseholder remains legally responsible.
Also in Part M we need to comply with the requirements associated with the Airworthiness Review Process and the associated Airworthiness Review Certificate. (ARC). The ARC must be valid as a prerequisite for the validity of the C of A Certificate of Airworthiness. The ongoing requirement starts with the initial review on an imported aircraft and involving a cycle of annual extensions and 3 yearly “full” reviews (providing we can retain the aircraft in a controlled environment).
Related to EU Regulation 965/2012 (EASA OPS Regulation)
Part-ORO (also consider issues related to security) Part SPA – special approvals RVSM, ETOPS, etc and Part-CAT (also consider operational equipment requirements)
Issues which need to be considered in broader terms include:
- When and where a permit to fly is appropriate;
- Technical Records Retention Periodicity and associated requirement;
- Aircraft Registration Process / Export Certificate of Airworthiness;
- What is the position concerning Data Link?
- Requirements in respect of Is a video surveillance systems;
- What are the implications or Benefits of the US / Europe Bilateral Agreement?
- Are there currently any national import regulations which are still applicable;