28.10.2008 Official Journal of the European Union L 283/5 COMMISSION REGULATION (EC) No 1056/2008 of 27 October 2008 amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, in particular Article 80(2) thereof, Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC ('), and in particular Article 5(5) thereof, Whereas: (1) In accordance with Article 7(6) of Commission Regu- lation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (3, the European Aviation Safety Agency (hereinafter the Agency) has made an evaluation of the implication of the provisions of Annex I (Part-M) to that Regulation. (2)  The Agency has concluded that the current provisions of Annex I (Part-M) to Regulation (EC) No 2042/2003 are too stringent for aircraft not involved in commercial air transport, in particular for aircraft that are not classified as ‘complex motor-powered aircraft’. (3) Due to the expiration of the period during which Member States had the possibility to apply derogation for aircraft not involved in commercial air transport, as provided in Article 7(3)(a) of Regulation (EC) No 2042/2003, which most Member States have actually applied, the provisions of Annex I (Part-M) shall be fully applied in all Member States from 28 September 2008, unless changes are adopted in due time. (4)  The Agency has advised making significant amendments to Regulation (EC) No 2042/2003, and in particular to Annex [ (Part-M) thereof, in order to adapt the existing requirements to the complexity of the different categories of aircraft and the types of operations without impairing the level of safety. () OJ L 79, 19.3.2008, p. 3, L. () O] L 315, 28.11.2003, p. 1. (5)  In order to allow the competent authorities of the Member States and the interested parties to become suf- ficiently acquainted with the new requirements of Part M, and to adapt themselves thereto, Member States should be allowed to defer the application of Part M to aircraft not involved in commercial air transport for an addi- tional period of one or two years, depending on the provisions concerned. (6)  Regulation (EC) No 2042/2003 should therefore be amended accordingly. (7)  The provisions of this Regulation take into account the Communication from the Commission of 11 January 2008, ‘An Agenda for sustainable Future in General and Business Aviation’ (3). (8)  The measures provided for in this Regulation are based on the opinion issued by the Agency in accordance with Articles 17(2)(b) and 19(1) of Regulation (EC) No 216/2008. (99 The measures provided for in this Regulation are in accordance with the opinion of the Committee estab- lished by Article 65 of the Regulation (EC) No 216/2008, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 2042/2003 is amended as follows: 1. In Article 2 the following points (k) and (1) are added: ‘(k) “ELA1 aircraft” means the following European Light Aircraft: (i) an aeroplane, sailplane or powered sailplane with a Maximum Take-off Mass (MTOM) less than 1 000 kg that is not classified as complex motor- powered aircraft; () COM(2007) 869 final.