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Document 32022R1358

Commission Delegated Regulation (EU) 2022/1358 of 2 June 2022 amending Regulation (EU) No 748/2012 as regards the implementation of more proportionate requirements for aircraft used for sport and recreational aviation

C/2022/3234

OJ L 205, 5.8.2022, p. 7–98 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/reg_del/2022/1358/oj

5.8.2022   

EN

Official Journal of the European Union

L 205/7

COMMISSION DELEGATED REGULATION (EU) 2022/1358

of 2 June 2022

amending Regulation (EU) No 748/2012 as regards the implementation of more proportionate requirements for aircraft used for sport and recreational aviation

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Articles 19(1) and 62(13) thereof,

Whereas:

(1)

Commission Regulation (EU) No 748/2012 (2) lays down the requirements for the airworthiness and environmental certification of products, parts and appliances of civil aircraft, such as engines, propellers and parts to be installed therein.

(2)

Pursuant to Article 140(3) of Regulation (EU) 2018/1139, sport and recreational aviation is to be subject to simple and proportionate rules to avoid putting unnecessary administrative and financial burdens for the organisations involved in the design and production of such aircraft. Those rules are to be proportionate, cost-effective and flexible, while ensuring the necessary level of safety.

(3)

Organisations involved in the design and production of certain categories of products used in sport and recreational aviation should be provided with the possibility, as an alternative to design certification, to declare the compliance of the design of an aircraft, and if applicable of the engine and propeller, with the relevant industry standards, where it is considered that this will ensure an acceptable level of safety.

(4)

Organisations involved in the design and production of products used in sport and recreational aviation should also be provided with the possibility to utilise a more proportionate process for the certification of such products.

(5)

Organisations involved in the design and production of products used in sport and recreational aviation should be provided with the possibility, as an alternative to an organisational approval, to declare their capability to design and produce products and parts. Those organisations should be able to use existing approvals as a means to demonstrate their capability in conducting design and production activities.

(6)

Environmental protection requirements should be also laid down for the products the design of which is subject to a declaration of design compliance. Such environmental protection requirements should be based on requirements contained in Volumes I, II and III of Annex 16 to the Convention on International Civil Aviation (3) in order to ensure the same, uniform level of environmental protection irrespective of whether a product is subject to type certification or a declaration of design compliance.

(7)

Regulation (EU) No 748/2012 should therefore be amended accordingly.

(8)

A sufficient transitional period should be provided for organisations involved in the design and production of aircraft primarily used in sport and recreational aviation to ensure their compliance with the new rules and procedures introduced by this Regulation.

(9)

The measures provided for in this Regulation are in accordance with Opinion No 05/2021 (4), issued by the European Union Aviation Safety Agency in accordance with Article 76(1) of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 748/2012 is amended as follows:

(1)

the title is replaced by the following:

‘ COMMISSION REGULATION (EU) No 748/2012

of 3 August 2012

laying down implementing rules for the airworthiness and environmental certification or declaration of compliance of aircraft and related products, parts and appliances, as well as for the capability requirements of design and production organisations

(recast) ’;

(2)

Article 1 is replaced by the following:

‘Article 1

Scope and definitions

1.   This Regulation lays down, in accordance with Articles 19 and 62 of Regulation (EU) 2018/1139, common technical requirements and administrative procedures for the airworthiness and environmental certification of products, parts and appliances specifying:

(a)

the issue of type certificates, restricted type certificates, supplemental type certificates and changes to those certificates;

(b)

the issue of certificates of airworthiness, restricted certificates of airworthiness, permits to fly and authorised release certificates;

(c)

the issue of repair design approvals;

(d)

the showing of compliance with environmental protection requirements;

(e)

the issue of noise certificates and restricted noise certificates;

(f)

the identification of products, parts and appliances;

(g)

the certification of certain parts and appliances;

(h)

the certification of design and production organisations;

(i)

the issue of airworthiness directives;

(j)

the making of declarations of design compliance and changes to those declarations;

(k)

the making of declarations of design and production capability.

2.   For the purpose of this Regulation, the following definitions shall apply:

(a)

“JAA” means the “Joint Aviation Authorities”;

(b)

“JAR” means “Joint Aviation Requirements”;

(c)

“Part 21” means the requirements and procedures for the certification of aircraft and related products, parts and appliances, and of design and production organisations laid down in Annex I (Part 21) to this Regulation;

(d)

“Part 21 Light” means the requirements and procedures for the certification or declaration of design compliance of aircraft intended primarily for sports and recreational use and related products and parts, and declaration of design and production capability of organisations laid down in Annex Ib (Part 21 Light) to this Regulation;

(e)

“principal place of business” means the head office or registered office of the undertaking within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;

(f)

“article” means any part and appliance to be used on civil aircraft;

(g)

“ETSO” means European Technical Standard Order. The European Technical Standard Order is a detailed airworthiness specification issued by the European Union Aviation Safety Agency (the “Agency”) to ensure compliance with the requirements of this Regulation as a minimum performance standard for specified articles;

(h)

“EPA” means European Part Approval. European Part Approval of an article means that the article has been produced in accordance with approved design data not belonging to the type-certificate holder of the related product, except for ETSO articles;

(i)

“ELA1 aircraft” means the following manned European Light Aircraft:

(i)

an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft;

(ii)

a sailplane or powered sailplane of 1 200 kg MTOM or less;

(iii)

a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air balloons, 1 050 m3 for gas balloons, 300 m3 for tethered gas balloons;

(iv)

an airship designed for not more than four occupants and a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air airships and 1 000 m3 for gas airships;

(j)

“ELA2 aircraft” means the following manned European Light Aircraft:

(i)

an aeroplane with a maximum take-off mass (MTOM) of 2 000 kg or less that is not classified as complex motor-powered aircraft;

(ii)

a sailplane or powered sailplane of 2 000 kg MTOM or less;

(iii)

a balloon;

(iv)

a hot air airship;

(v)

a gas airship complying with all of the following characteristics:

—

3 % maximum static heaviness,

—

non-vectored thrust (except reverse thrust),

—

conventional and simple design of structure, control system and ballonet system,

—

non-power assisted controls;

(vi)

a rotorcraft with an MTOM not exceeding 600 kg which is of a simple design, designed to carry not more than two occupants, not powered by turbine and/or rocket engines; restricted to VFR day operations;

(k)

“operational suitability data (OSD)” means data, which is part of an aircraft type certificate, restricted type certificate or supplemental type certificate, consisting of all of the following:

(i)

the minimum syllabus of pilot type rating training, including determination of type rating;

(ii)

the definition of scope of the aircraft validation source data to support the objective qualification of simulators or the provisional data to support their interim qualification;

(iii)

the minimum syllabus of maintenance certifying staff type rating training, including determination of type rating;

(iv)

determination of type or variant for cabin crew and type-specific data for cabin crew;

(v)

the master minimum equipment list.’;

(3)

Article 2 is replaced by the following:

‘Article 2

Certification of products, parts and appliances

1.   Products, parts and appliances shall be issued certificates as specified in Annex I (Part 21).

2.   By way of derogation from paragraph 1 of this Article, certificates may be alternatively issued as specified in Annex Ib (Part 21 Light) for the following products:

(a)

an aeroplane with a maximum take-off mass (MTOM) of 2 000 kg or less and a maximum operational seating configuration of four persons;

(b)

a sailplane or powered sailplane of 2 000 kg MTOM or less;

(c)

a balloon;

(d)

a hot air airship;

(e)

a passenger gas airship designed for not more than four persons;

(f)

a rotorcraft of 1 200 kg MTOM or less and a maximum operational seating configuration of four persons;

(g)

a piston engine or fixed pitch propeller that is intended to be installed on an aircraft referred to in points (a) to (f); or

(h)

a gyroplane.

3.   By way of derogation from paragraphs 1 and 2 of this Article, a declaration of design compliance may alternatively be made, as specified in Annex Ib (Part 21 Light), for the following products:

(a)

an aeroplane of 1 200 kg MTOM or less that is not jet-powered and with a maximum operational seating configuration of two persons;

(b)

a sailplane or a powered sailplane of 1 200 kg MTOM or less;

(c)

a balloon designed for not more than four persons;

(d)

a hot air airship designed for not more than four persons.

4.   By way of derogation from paragraphs 1 to 3 of this Article, aircraft, including any installed product, part and appliance, which are not registered in a Member State shall be exempted from the provisions of Subparts H and I of Section A of Annex I (Part 21) and Subparts H and I of Section A of Annex Ib (Part 21 Light). They shall also be exempted from the provisions of Subpart P of Section A of Annex I (Part 21) and Subpart P of Section A of Annex Ib (Part 21 Light), except where aircraft identification marks are prescribed by a Member State.’;

(4)

the following Article 2a is inserted:

‘Article 2a

Transitional arrangements for certificates previously issued under Annex I (Part 21)

1.   A holder of a valid type certificate or a supplemental type certificate issued, or deemed to have been issued, by the Agency under Annex I (Part 21) may, until 25 August 2025 request to the Agency to maintain, from a given date, the type design approved under that certificate in accordance with Annex Ib (Part 21 Light), provided that the product covered by that certificate is within the scope of Article 2(2).

2.   Where a request is made pursuant to paragraph 1, that type certificate or supplemental type certificate shall be governed, as of the given date referred to in paragraph 1, by the provisions of Annex Ib (Part 21 Light) regarding the type certificates or supplemental type certificates, as applicable. The Agency shall amend the type certificate data sheet or supplemental type certificate data sheet accordingly.’;

(5)

in Article 3, paragraphs 3 and 4 are replaced by the following:

‘3.   With regard to products for which a type-certification process was proceeding through the JAA or a Member State on 28 September 2003, the following shall apply:

(a)

if a product is under certification by several Member States, the most advanced project shall be used as the reference;

(b)

points 21.A.15(a), (b) and (c) of Annex I (Part 21) shall not apply;

(c)

by way of derogation from point 21.B.80 of Annex I (Part 21), the type-certification basis shall be that established by the JAA or, where applicable, the Member State at the date of application for the approval;

(d)

compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purposes of compliance with points 21.A.20(a) and (d) of Annex I (Part 21).

4.   With regard to products that have a national type certificate, or equivalent, and for which the approval process of a change carried out by a Member State was not finalised at the time when the type certificate had to be approved in accordance with this Regulation, the following conditions shall apply:

(a)

if an approval process is being carried out by several Member States, the most advanced project shall be used as the reference;

(b)

point 21.A.93 of Annex I (Part 21) shall not apply;

(c)

the applicable type-certification basis shall be that established by the JAA or, where applicable, the Member State at the date of application for the approval of change;

(d)

compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purposes of compliance with point 21.B.107 of Annex I (Part 21).’;

(6)

in Article 8, paragraphs 2 and 3 are replaced by the following:

‘2.   By way of derogation from paragraph 1 of this Article, a natural or legal person responsible for the design of products whose principal place of business is in a Member State and who applies for or holds a certificate for the design of products, or changes or repairs thereto, in accordance with Article 2(2) may, alternatively, demonstrate their capability in accordance with Annex Ib (Part 21 Light).

3.   Natural or legal persons involved in the design of aircraft subject to a declaration of design compliance referred to in Article 2(3) need not demonstrate their capability.’;

(7)

in Article 8, the following paragraph 5 is added:

‘5.   By way of derogation from paragraph 1 of this Article, an organisation whose principal place of business is in a non-Member State may demonstrate its capability by holding a certificate issued by that State for the product, part and appliance for which it applies in accordance with Annex I (Part 21), provided that:

(a)

that State is the State of design;

(b)

the Agency has determined that the system of that State includes the same independent level of checking of compliance as provided by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State.’;

(8)

in Article 9, paragraphs 2 and 3 are replaced by the following:

‘2.   By way of derogation from paragraph 1 of this Article, a natural or legal person whose principal place of business is in a Member State and who is responsible for the manufacture of products and their parts and appliances in accordance with Article 2(2) may alternatively demonstrate their capability in accordance with Annex Ib (Part 21 Light).

3.   The demonstration of capability pursuant to paragraphs 1 or 2 shall not be required where the production organisation or natural or legal person are involved in the following manufacturing activities:

(a)

the manufacture of parts or appliances that are eligible, in accordance with Annex I (Part 21), for installation in a type-certified product without the need to be accompanied by an authorised release certificate (that is to say EASA Form 1);

(b)

the manufacture of parts that are eligible, in accordance with Annex Ib (Part 21 Light), for installation in an aircraft that has been subject to a declaration of design compliance without the need to be accompanied by an authorised release certificate (that is to say EASA Form 1);

(c)

the manufacture of an aircraft that has been subject to a declaration of design compliance referred to in Article 2(3), and of parts that are eligible for installation on such aircraft. In such case, the manufacturing activities shall be conducted in accordance with Subpart R of Section A of Annex Ib (Part 21 Light).’;

(9)

Article 10 is replaced by the following:

‘Article 10

Agency measures

1.   The Agency shall develop acceptable means of compliance (“AMC”) which competent authorities, organisations and personnel may use to demonstrate compliance with the provisions of Annex I (Part 21) and Annex Ib (Part 21 Light).

2.   The AMC issued by the Agency shall neither introduce new requirements nor alleviate the requirements of Annex I (Part 21) and Annex Ib (Part 21 Light).’;

(10)

Annex I (Part 21) is amended in accordance with Annex I to this Regulation;

(11)

Annex Ib (Part 21 Light) is added as set out in Annex II to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 25 August 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 June 2022.

For the Commission

The President

Ursula VON DER LEYEN

(1)   OJ L 212, 22.8.2018, p. 1.

(2)  Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).

(3)  Convention on International Civil Aviation, signed at Chicago on 7 December 1944 (the ‘Chicago Convention’).

(4)  Opinion 05/2021 of 22 October 2021 of the European Union Aviation Safety Agency, Part 21 Light – Certification and declaration of design compliance of aircraft used for sport and recreational aviation and related products and parts, and declaration of design and production capability of organisations, https://www.easa.europa.eu/document-library/opinions/opinion-052021

ANNEX I

Annex I (Part 21) to Regulation (EU) No 748/2012 is amended as follows:

(1)

in Section A, Subpart G is amended as follows:

(a)

point 21.A.133 is replaced by the following:

“21.A.133   Eligibility

Any natural or legal person (‘organisation’) shall be eligible as an applicant for an approval under this Subpart. The applicant shall:

(a)

justify that, for a defined scope of work, an approval under this Subpart is appropriate for the purpose of showing conformity with a specific design; and

(b)

hold or have applied for an approval of that specific design; or

(c)

have declared or intends to declare compliance of that specific design in accordance with Subpart C of Section A of Annex Ib (Part 21 Light); or

(d)

have ensured satisfactory coordination between production and design, through an appropriate arrangement with:

(1)

the applicant for, or holder of, an approval of that specific design issued in accordance with this Regulation; or

(2)

the natural or legal person who made a declaration of compliance of that specific design in accordance with Subpart C of Section A of Annex Ib (Part 21 Light).”;

(b)

in point 21.A.139, point (d) is replaced by the following:

“(d)

as part of the quality management element of the production management system, the production organisation shall:

1.

ensure that each product, part or appliance produced by the organisation or by its partners, or supplied from or subcontracted to outside parties, conforms to the applicable design data and is in a condition for safe operation, and thus exercise the privileges as defined in point 21.A.163;

2.

establish, implement and maintain, as appropriate, within the scope of the approval, control procedures for:

(i)

document issue, approval or change;

(ii)

vendor and subcontractor assessment audit and control;

(iii)

the verification that incoming products, parts, materials and equipment, including items supplied new or used by buyers of products, are as specified in the applicable design data;

(iv)

identification and traceability;

(v)

manufacturing processes;

(vi)

inspection and testing, including production flight tests;

(vii)

the calibration of tools, jigs, and test equipment;

(viii)

non-conforming item control;

(ix)

airworthiness coordination with:

(A)

the applicant for, or holder of, the design approval;

(B)

the natural or legal person who made a declaration of design compliance in accordance with Subpart C of Section A of Annex Ib (Part 21 Light);

(x)

the completion and retention of records;

(xi)

the competence and qualifications of personnel;

(xii)

the issue of airworthiness release documents;

(xiii)

handling, storage and packing;

(xiv)

internal quality audits and the resulting corrective actions;

(xv)

work within the terms of approval performed at any location other than the approved facilities;

(xvi)

work performed after the completion of production but prior to delivery, to maintain the aircraft in a condition for safe operation;

(xvii)

the issue of a permit to fly and approval of the associated flight conditions.

3.

include specific provisions in the control procedures for any critical parts.”;

(c)

in point 21.A.145, point (b) is replaced by the following:

“(b)

with regard to all the necessary airworthiness and environmental protection data:

1.

the production organisation is in receipt of such data from the Agency and from the holder of, or applicant for, the type certificate, restricted type certificate or design approval issued in accordance with this Regulation or a natural or legal person who made a declaration of design compliance under Subpart C of Section A of Annex Ib (Part 21 Light), including any exemption granted against the environmental protection requirements, to determine conformity with the applicable design data;

2.

the production organisation has established a procedure to ensure that the airworthiness and environmental protection data are correctly incorporated in its production data;

3.

such data is kept up to date and made available to all personnel that need access to such data to perform their duties.”;

(d)

point 21.A.163 is replaced by the following:

“21.A.163   Privileges

Pursuant to the terms of approval issued under point 21.A.135, the holder of a production organisation approval may:

(a)

perform production activities under this Annex or Annex Ib (Part 21 Light);

(b)

in the case of complete type-certified aircraft and upon presentation of a statement of conformity (EASA Form 52) issued under points 21.A.174 and 21.A.204 of this Annex or under points 21L.A.143(c) and 21L.A.163 of Annex Ib (Part 21 Light), obtain an aircraft certificate of airworthiness and a noise certificate without further showing;

(c)

in the case of other products, parts or appliances, issue authorised release certificates (EASA Form 1) under this Annex (Part 21) or under Annex Ib (Part 21 Light) without further showing;

(d)

in the case of an aircraft that is subject to a declaration of design compliance under point 21L.A.43 of Annex Ib (Part 21 Light) and upon presentation of a statement of conformity (EASA Form 52B) issued under points 21L.A.143(d) and 21L.A.163 of Annex Ib (Part 21 Light), obtain an aircraft restricted certificate of airworthiness and a restricted noise certificate without further showing;

(e)

in the case of products or parts to be installed on an aircraft that is subject to a declaration of design compliance under point 21L.A.43 of Annex Ib (Part 21 Light), issue authorised release certificates (EASA Form 1) under Annex Ib (Part 21 Light) without further showing;

(f)

maintain a new aircraft that it has produced and issue a certificate of release to service (EASA Form 53) in respect of that maintenance;

(g)

under procedures agreed with its competent authority for production, for an aircraft it has produced and when the production organisation itself is controlling under its Production Organisation Approval the configuration of the aircraft and is attesting conformity with the design conditions approved for the flight, to issue a permit to fly in accordance with point 21.A.711(c) including approval of the flight conditions in accordance with point 21.A.710(b).”;

(e)

point 21.A.165 is replaced by the following:

“21.A.165   Obligations of the holder

Pursuant to the terms of approval issued under point 21.A.135, the holder of a production organisation approval shall:

(a)

ensure that the production organisation exposition furnished in accordance with point 21.A.143 and the documents to which it refers, are used as basic working documents within the organisation;

(b)

maintain the production organisation in conformity with the data and procedures approved for the production organisation approval;

(c)

1.

determine that each completed aircraft conforms to the type design and is in condition for safe operation prior to submitting statements of conformity to the competent authority; or

2.

determine that other products, parts or appliances are complete and conform to the approved design data or declared design data and are in a condition for safe operation before issuing an EASA Form 1 to certify conformity to approved or declared design data and condition for safe operation;

3.

additionally, in the case of environmental requirements determine that:

(i)

the completed engine is in compliance with the applicable engine exhaust emissions requirements on the date of manufacture of the engine; and

(ii)

the completed aeroplane is in compliance with the applicable CO2 emissions requirements on the date its first certificate of airworthiness is issued.

4.

determine that other products, parts or appliances conform to the applicable data before issuing an EASA Form 1 as a conformity certificate;

(d)

provide assistance to the holder of the type certificate or other design approval or a natural or legal person who made a declaration of design compliance under Subpart C of Section A of Annex Ib (Part 21 Light) in dealing with any continuing airworthiness actions that are related to the products, parts or appliances that have been produced;

(e)

where, under its terms of approval, the holder intends to issue a certificate of release to service, determine that each completed aircraft has been subjected to the necessary maintenance and is in a condition for safe operation, prior to issuing the certificate;

(f)

where applicable, under the privilege of point 21.A.163(e), determine the conditions under which a permit to fly can be issued;

(g)

where applicable, under the privilege of point 21.A.163(e), establish compliance with points 21.A.711(c) and (e) before issuing an aircraft with a permit to fly;

(h)

comply with Subpart A of this Section.”;

(2)

in Section A, Subpart H is amended as follows:

(a)

point 21.A.171 is replaced by the following:

“21.A.171   Scope

This Subpart establishes the procedure for issuing airworthiness certificates to aircraft which conform to a type certificate that has been issued in accordance with this Annex.”;

(b)

in point 21.A.174, point (b) is replaced by the following:

“(b)

each application for a certificate of airworthiness or restricted certificate of airworthiness shall include:

1.

the class of airworthiness certificate applied for;

2.

with regard to new aircraft:

(i)

a statement of conformity:

—

issued under point 21.A.163(b); or

—

issued under point 21.A.130 and validated by the competent authority; or

—

for an imported aircraft, a statement of conformity issued under point 21.A.163(b) or, in the case of an aircraft imported in accordance with Article 9(4) of this Regulation, a statement signed by the exporting authority that the aircraft conforms to a design approved by the Agency;

(ii)

a weight and balance report with a loading schedule and;

(iii)

the flight manual, when required by the applicable certification specifications for the particular aircraft.

3.

with regard to used aircraft originating from:

(i)

a Member State, an airworthiness review certificate issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014 (1);

(ii)

a non-Member State:

—

a statement by the competent authority of the State where the aircraft is, or was, registered, reflecting the airworthiness status of the aircraft on its register at the time of transfer;

—

a weight and balance report with a loading schedule;

—

the flight manual when such a manual is required by the airworthiness code for the aircraft;

—

historical records to establish the production, modification and maintenance standard of the aircraft, including all limitations associated with a restricted certificate of airworthiness issued in accordance with point 21.B.327;

—

a recommendation for the issuance of a certificate of airworthiness or restricted certificate of airworthiness and for an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014;

—

the date on which the first certificate of airworthiness was issued and, if the standards of Volume III of Annex 16 to the Convention on International Civil Aviation apply, the CO2 metric value data.”;

(3)

in Section A, Subpart I is amended as follows:

(a)

point 21.A.201 is replaced by the following:

“21.A.201   Scope

This Subpart establishes the procedure for issuing noise certificates to aircraft which conform to a type certificate that has been issued in accordance with this Annex.”;

(b)

in point 21.A.204, point (b) is replaced by the following:

“(b)

each application shall include:

1.

with regard to new aircraft:

(i)

a statement of conformity:

—

issued under point 21.A.163(b); or

—

issued under point 21.A.130 and validated by the competent authority; or

—

for an imported aircraft, a statement of conformity issued under point 21.A.163(b) or, in the case of an aircraft imported in accordance with Article 9(4) of this Regulation, a statement signed by the exporting authority that the aircraft conforms to a design approved by the Agency; and

(ii)

the noise information determined in accordance with the applicable noise requirements;

2.

with regard to used aircraft:

(i)

the noise information determined in accordance with the applicable noise requirements; and

(ii)

historical records to establish the production, modification, and maintenance standard of the aircraft.”;

(4)

in Section A, Subpart J is amended as follows:

(a)

point 21.A.233 is replaced by the following:

“21.A.233   Eligibility

Any natural or legal person (‘organisation’) shall be eligible as an applicant for an approval under this Subpart:

(a)

in order to demonstrate compliance with points 21.A.14, 21.A.112B, 21.A.432B or 21.A.602Bof this Annex; or

(b)

in order to demonstrate compliance with points 21L.A.23, 21L.A.83 or 21L.A.204 of Annex Ib (Part 21 Light); or

(c)

for the purpose of obtaining privileges under point 21.A.263 regarding approval of minor changes or minor repair design, or issuing declarations of compliance regarding minor changes or minor repair design of aircraft for which design compliance has been declared in accordance with Subpart C of Section A of Annex Ib (Part 21 Light).”;

(b)

in point 21.A.239, point (d) is replaced by the following]:

“(d)

as part of the design assurance element of the design management system, the design organisation shall:

1.

establish, implement and maintain a system for the control and supervision of the design, and of design changes and repairs, of products, parts and appliances covered by the terms of approval; this system shall:

(i)

include an airworthiness function responsible for managing that the design of products, parts and appliances, or the design changes and repairs, comply with the applicable type-certification basis, technical specifications concerning the making of declarations, the applicable operational suitability data certification basis and the environmental protection requirements;

(ii)

ensure that it properly discharges its responsibilities in accordance with this Annex and with the terms of approval issued under point 21.A.251;

2.

establish, implement and maintain an independent verification function of the demonstration of compliance on the basis of which the organisation declares compliance with the applicable airworthiness, operational suitability data and environmental protection requirements; and

3.

specify the manner in which the design assurance system accounts for the acceptability of the parts or appliances that are designed or the tasks that are performed by its partners or subcontractors according to the methods which are the subjects of written procedures.”;

(c)

point 21.A.263 is replaced by the following:

“21.A.263   Privileges

(a)

(Reserved)

(b)

(Reserved)

(c)

The holder of a design organisation approval shall be entitled, within the scope of its terms of approval issued under point 21.A.251 and under the relevant procedures of the design management system:

1.

to classify changes to a type certificate or to a supplemental type certificate and repair designs as ‘major’ or ‘minor’;

2.

to approve minor changes to a type certificate or to a supplemental type certificate and minor repair designs under this Annex (Part 21) or under Annex Ib (Part 21 Light);

3.

to declare the compliance of a minor change or minor repair to the design of an aircraft for which design compliance has been declared by the declarant under point 21L.A.43 of Subpart C of Section A of Annex Ib (Part 21 Light);

4.

to declare compliance of a changed aircraft design, in accordance with point 21L.A.43 of Annex Ib (Part 21 Light), in the event that the natural or legal person who originally made a declaration of design compliance with respect to that aircraft under point 21L.A.43 of Annex Ib (Part 21 Light) is no longer active or is unresponsive to requests for the declaration of compliance of design changes;

5.

to approve certain major repair designs under Subpart M of this Annex to products or auxiliary power units (APUs);

6.

to approve for certain aircraft the flight conditions under which a permit to fly can be issued in accordance with point 21.A.710(a)(2), except for permits to fly to be issued for the purpose of point 21.A.701(a)(15);

7.

to issue a permit to fly in accordance with point 21.A.711(b) for an aircraft it has designed or modified, or for which it has approved, in accordance with point 21.A.263(c)(6), the flight conditions under which the permit to fly can be issued, and where the holder of a design organisation approval itself:

(i)

controls the configuration of the aircraft, and

(ii)

attests conformity with the design conditions approved for the flight;

8.

to approve certain major changes to a type certificate under Subpart D of this Annex or under Subpart D of Section A of Annex Ib (Part 21 Light); and

9.

to issue certain supplemental type certificates under Subpart E of this Annex or under Subpart E of Section A of Annex Ib (Part 21 Light) and approve certain major changes to those certificates.”;

(d)

in point 21.A.265, point (c) is replaced by the following:

“(c)

determine that the design of the products, or of the changes or repairs to them, complies with the applicable type-certification basis, technical specifications concerning the making of declarations, operational suitability data certification basis, and the environmental protection requirements and have no unsafe features;”;

(5)

in Section A, in Subpart K, in point 21.A.307, the following point (b)(7) is inserted:

“7.

a part or appliance manufactured by a person or organisation referred to in Article 9(4) of this Regulation;”;

(6)

In Appendix I, the text in title ‘Instructions for the use of EASA Form 1’ is replaced by the following:

“These instructions relate only to the use of EASA Form 1 for production purposes. Attention is drawn to Appendix II to Annex I (Part-M) of Regulation (EU) No 1321/2014 which covers the use of EASA Form 1 for maintenance purposes.

1.   PURPOSE AND USE

1.1.

 A primary purpose of the certificate is to declare the airworthiness of new aviation products, parts and appliances (‘the item(s)’).

1.2.

 Correlation must be established between the certificate and the item(s). The originator must retain a certificate in a form that allows verification of the original data.

1.3.

 The certificate is acceptable to many airworthiness authorities, but this may be dependent on bilateral agreements and/or the policy of the airworthiness authority.

1.4.

 The certificate is not a delivery or shipping note.

1.5.

 Aircraft are not to be released using the certificate.

1.6.

 The certificate does not constitute approval to install the item on a particular aircraft, engine, or propeller but helps the end user determine its airworthiness approval status.

1.7.

 A mixture of production released and maintenance released items is not permitted on the same certificate.

1.8.

 A mixture of items certified in conformity with ‘approved data’ and to ‘non-approved data’ is not permitted on the same certificate.

2.   GENERAL FORMAT

2.1.

 The certificate must comply with the format attached including block numbers and the location of each block. The size of each block may however be varied to suit the individual application, but not to the extent that would make the certificate unrecognisable.

2.2.

 The certificate must be in ‘landscape’ format, but the overall size may be significantly increased or decreased so long as the certificate remains recognisable and legible. If in doubt, consult the competent authority.

2.3.

 The user/installer responsibility statement can be placed on either side of the form.

2.4.

 All printing must be clear and legible to permit easy reading.

2.5.

 The certificate may either be pre-printed or computer generated but in either case the printing of lines and characters must be clear and legible and in accordance with the defined format.

2.6.

 The certificate should be in English, and if appropriate, in one or more other languages.

2.7.

 The details to be entered on the certificate may be either machine/computer printed or hand-written using block letters and must permit easy reading.

2.8.

 Limit the use of abbreviations to a minimum, to aid clarity.

2.9.

 The space remaining on the reverse side of the certificate may be used by the originator for any additional information but must not include any certification statement. Any use of the reverse side of the certificate must be referenced in the appropriate block on the front side of the certificate.

3.   COPIES

3.1.

 There is no restriction in the number of copies of the certificate sent to the customer or retained by the originator.

4.   ERROR(S) ON A CERTIFICATE

4.1.

 If an end user finds an error(s) on a certificate, they must identify it (them) in writing to the originator. The originator may issue a new certificate if they can verify and correct the error(s).

4.2.

 The new certificate must have a new tracking number, signature and date.

4.3.

 The request for a new certificate may be honoured without re-verification of the item(s) condition. The new certificate is not a statement of current condition and should refer to the previous certificate in block 12 by the following statement: ‘This certificate corrects the error(s) in block(s) [enter block(s) corrected] of the certificate [enter original tracking number] dated [enter original issuance date] and does not cover conformity/condition/release to service’. Both certificates should be retained according to the retention period associated with the first.

5.   COMPLETION OF THE CERTIFICATE BY THE ORIGINATOR

Block 1

Approving competent authority/Country

State the name and country of the competent authority under whose jurisdiction this certificate is issued. When the competent authority is the Agency, only ‘EASA’ must be stated.

Block 2

EASA Form 1 header

‘AUTHORISED RELEASE CERTIFICATE EASA FORM 1’

Block 3

Form Tracking Number

Enter the unique number established by the numbering system/procedure of the organisation identified in block 4; this may include alpha/numeric characters.

Block 4

Organisation Name and Address

Enter the full name and address of the production organisation (refer to EASA Form 55 Sheet A) or natural or legal persons releasing the item(s) covered by this certificate. Logos, etc. of the organisation are permitted if they can be contained within the block.

Block 5

Work Order/Contract/Invoice

To facilitate customer traceability of the item(s), enter the work order number, contract number, invoice number, or similar reference number.

Block 6

Item

Enter line item numbers when there is more than one line item. This block permits easy cross-referencing to the Remarks in block 12.

Block 7

Description

Enter the name or description of the item. Preference should be given to the term used in the instructions for continued airworthiness or maintenance data (e.g. Illustrated Parts Catalogue, Aircraft Maintenance Manual, Service Bulletin, Component Maintenance Manual).

Block 8

Part Number

Enter the part number as it appears on the item or tag/packaging. In the case of an engine or propeller, the type designation may be used.

Block 9

Quantity

State the quantity of items.

Block 10

Serial Number

If the item is required by regulation to be identified with a serial number, enter it here. Additionally, any other serial number not required by regulation may also be entered. If there is no serial number identified on the item, enter ‘N/A’.

Block 11

Status/Work

Enter either ‘PROTOTYPE’ or ‘NEW’.

Enter ‘PROTOTYPE’ for:

(i)

the production of a new item in conformity with non-approved design data;

(ii)

the production of a new item in conformity with design data that has not yet been declared by a declarant in accordance with Subpart C, F or N of Section A of Annex Ib (Part 21 Light);

(iii)

re-certification by the organisation identified in block 4 of the previous certificate after alteration or rectification work on an item, prior to entry into service, (e.g. after incorporation of a design change, correction of a defect, inspection or test, or renewal of shelf life). Details of the original release and the alteration or rectification work are to be entered in block 12;

Enter ‘NEW’ for:

(i)

the production of a new item in conformity with the approved design data;

(ii)

the production of a new item in conformity with design data declared by the declarant in accordance with Subpart C, F or N of Section A of Annex Ib (Part 21 Light);

(iii)

re-certification by the organisation identified in block 4 of the previous certificate after alteration or rectification work on an item, prior to entry into service, (e.g. after incorporation of a design change, correction of a defect, inspection or test, or renewal of shelf-life). Details of the original release and the alteration or rectification work are to be entered in block 12;

(iv)

re-certification by the product manufacturer or the organisation identified in block 4 of the previous certificate of items from ‘prototype’ (conformity only to non-approved data) to ‘new’ (conformity to approved data and in a condition for safe operation), subsequent to approval of the applicable design data, provided that the design data has not changed.

For certified products, the following statement must be entered in block 12:

‘RE-CERTIFICATION OF ITEMS FROM ‘PROTOTYPE’ TO ‘NEW’: THIS DOCUMENT CERTIFIES THE APPROVAL OF THE DESIGN DATA [INSERT TC/STC NUMBER, REVISION LEVEL], DATED [INSERT DATE IF NECESSARY FOR IDENTIFICATION OF REVISION STATUS], TO WHICH THIS ITEM (THESE ITEMS) WAS (WERE) MANUFACTURED.’

The box ‘approved design data and are in a condition for safe operation’ should be marked in block 13a;

For aircraft subject to a declaration of design compliance in accordance with Subpart C of Section A of Annex Ib (Part 21 Light), the following statement must be entered in block 12:

‘RE-CERTIFICATION OF ITEMS FROM ‘PROTOTYPE’ TO ‘NEW’: THIS DOCUMENT CERTIFIES THE DECLARATION OF THE DESIGN DATA [INSERT DECLARATION REFERENCE, REVISION LEVEL], DATED [INSERT DATE IF NECESSARY FOR IDENTIFICATION OF REVISION STATUS], TO WHICH THIS ITEM (THESE ITEMS) WAS (WERE) MANUFACTURED.’

(v)

the examination of a previously released new item prior to entry into service in accordance with a customer-specified standard or specification (details of which and of the original release are to be entered in block 12) or to establish airworthiness (an explanation of the basis of release and details of the original release are to be entered in block 12).

Block 12

Remarks

Describe the work identified in block 11, either directly or by reference to supporting documentation, necessary for the user or installer to determine the airworthiness of item(s) in relation to the work being certified. If necessary, a separate sheet may be used and referenced from EASA Form 1. Each statement must clearly identify which item(s) in block 6 it relates to. If there is no statement, state ‘None’.

Enter the justification for release to non-approved design data in block 12 (e.g. pending type certificate, for test only, pending approved data).

If the item has been produced in accordance with design data that has not yet been declared by the declarant in accordance with Subpart C, F or N of Section A of Annex Ib (Part 21 Light), then the following statement shall be included in Block 12:

‘PENDING DECLARATION OF DESIGN COMPLIANCE IN ACCORDANCE WITH SUBPART C, F OR N of Section A of Annex Ib (Part 21 Light)’

If the item has been produced in accordance with design data that has been declared by the declarant in accordance with Subpart C, F or N of Section A of Annex Ib (Part 21 Light), then the following statement shall be included in Block 12:

‘PRODUCED IN CONFORMITY WITH THE DESIGN DATA OF A DECLARATION OF DESIGN COMPLIANCE IN ACCORDANCE WITH SUBPART C, F OR N of Section A of Annex Ib (Part 21 Light)’

If printing the data from an electronic EASA Form 1, any data not appropriate in other blocks should be entered in this block.

Block 13a

Mark only one of the two boxes:

1.

Mark the ‘approved design data and are in a condition for safe operation’ box if the item(s) was (were) manufactured using approved design data and found to be in a condition for safe operation.

2.

Mark the ‘non-approved design data specified in block 12’ box if the item(s) was (were) manufactured using applicable non-approved design data.

This box shall also be marked when the item has been produced in conformity with design data that has been declared in accordance with Subpart C, F and N of Section A of Annex Ib (Part 21 Light).

Identify the data in block 12 (e.g. pending type certificate, for test only, pending approved data, conformity to design data from a declaration of design compliance in accordance with Subpart C, F or N of Section A of Annex Ib (Part 21 Light).

Mixtures of items released against approved and non-approved design data are not permitted on the same certificate.

Block 13b

Authorised Signature

This space shall be completed with the signature of the authorised person. Only persons specifically authorised under the rules and policies of the competent authority are permitted to sign this block. To aid recognition, a unique number identifying the authorised person may be added.

Block 13c

Approval/Authorisation Number

Enter the approval/authorisation number/reference. This number or reference is issued by the competent authority for approved or declared production organisations (for parts produced under Annex Ib (Part 21 Light). If the organisation has produced a part that conforms to design data declared by a declarant in accordance with Subpart C, F or N of Section A of Annex Ib (Part 21 Light) and the organisation is not an approved or a declared production organisation, then they should enter the following statement:

‘PRODUCED UNDER SUBPART R of Section A of Annex Ib (Part 21 Light)’

Block 13d

Name

Enter the name of the person signing block 13b in a legible form.

Block 13e

Date

Enter the date on which block 13b is signed, the date must be in the format dd = 2 digit day, mmm = first 3 letters of the month, yyyy = 4 digit year.

Block 14a-14e

General Requirements for blocks 14a-14e:

Not used for production release. Shade, darken, or otherwise mark to preclude inadvertent or unauthorised use.

User/Installer Responsibilities

Place the following statement on the certificate to notify end users that they are not relieved of their responsibilities concerning installation and use of any item accompanied by the form:

‘THIS CERTIFICATE DOES NOT AUTOMATICALLY CONSTITUTE AUTHORITY TO INSTALL.

WHERE THE USER/INSTALLER PERFORMS WORK IN ACCORDANCE WITH REGULATIONS OF AN AIRWORTHINESS AUTHORITY DIFFERENT THAN THE AIRWORTHINESS AUTHORITY SPECIFIED IN BLOCK 1, IT IS ESSENTIAL THAT THE USER/INSTALLER ENSURES THAT HIS/HER AIRWORTHINESS AUTHORITY ACCEPTS ITEMS FROM THE AIRWORTHINESS AUTHORITY SPECIFIED IN BLOCK 1.

STATEMENTS IN BLOCKS 13A AND 14A DO NOT CONSTITUTE INSTALLATION CERTIFICATION. IN ALL CASES AIRCRAFT MAINTENANCE RECORDS MUST CONTAIN AN INSTALLATION CERTIFICATION ISSUED IN ACCORDANCE WITH THE NATIONAL REGULATIONS BY THE USER/INSTALLER BEFORE THE AIRCRAFT MAY BE FLOWN.’ ”

(1)  Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).

ANNEX II

The following Annex Ib (Part 21 Light) is inserted:

“Contents

21L.1

 Scope

21L.2

 Competent authority

SECTION A –

TECHNICAL REQUIREMENTS

SUBPART A –

 GENERAL PROVISIONS

21L.A.1

 Scope

21L.A.2

 Obligations and actions performed by a person other than the applicant for, or holder of, a certificate or the declarant of a declaration of design compliance

21L.A.3

 Reporting system

21L.A.4

 Airworthiness directives

21L.A.5

 Collaboration between design and production

21L.A.6

 Marking

21L.A.7

 Record-keeping

21L.A.8

 Manuals

21L.A.9

 Instructions for continued airworthiness

21L.A.10

 Access and investigation

21L.A.11

 Findings and observations

21L.A.12

 Means of compliance

SUBPART B –

 TYPE CERTIFICATES

21L.A.21

 Scope

21L.A.22

 Eligibility

21L.A.23

 Demonstration of design capability

21L.A.24

 Application for a type certificate

21L.A.25

 Demonstration of compliance

21L.A.26

 Type design

21L.A.27

 Requirements for the issuance of a type certificate

21L.A.28

 Obligations of a type-certificate holder

21L.A.29

 Transferability of a type certificate

21L.A.30

 Continued validity of a type certificate

SUBPART C –

 DECLARATIONS OF AIRCRAFT DESIGN COMPLIANCE

21L.A.41

 Scope

21L.A.42

 Eligibility

21L.A.43

 Declaration of design compliance

21L.A.44

 Compliance activities for a declaration of design compliance

21L.A.45

 Detailed technical specifications and environmental protection requirements that are applicable to aircraft subject to declarations of design compliance

21L.A.46

 Aircraft design data

21L.A.47

 Obligations of the declarant of a declaration of design compliance

21L.A.48

 Non-transferability of a declaration of aircraft design compliance

SUBPART D –

 CHANGES TO TYPE CERTIFICATES

21L.A.61

 Scope

21L.A.62

 Standard changes

21L.A.63

 Classification of changes to a type certificate

21L.A.64

 Eligibility

21L.A.65

 Application for a change to a type certificate

21L.A.66

 Demonstration of compliance

21L.A.67

 Requirements for the approval of a minor change to a type certificate

21L.A.68

 Requirements for the approval of a major change to a type certificate

21L.A.69

 Approval of a change to a type certificate under a privilege

21L.A.70

 Obligations for minor changes to a type certificate

SUBPART E –

 SUPPLEMENTAL TYPE CERTIFICATES

21L.A.81

 Scope

21L.A.82

 Eligibility

21L.A.83

 Demonstration of design capability

21L.A.84

 Application for a supplemental type certificate

21L.A.85

 Demonstration of compliance

21L.A.86

 Requirements for approval of a supplemental type certificate

21L.A.87

 Approval of a supplemental type certificate under a privilege

21L.A.88

 Obligations of a holder of a supplemental type certificate

21L.A.89

 Transferability of a supplemental type certificate

21L.A.90

 Continued validity of a supplemental type certificate

21L.A.91

 Changes to a part of a product covered by a supplemental type certificate

SUBPART F –

 CHANGES TO AIRCRAFT FOR WHICH DESIGN COMPLIANCE HAS BEEN DECLARED

21L.A.101

 Scope

21L.A.102

 Standard changes

21L.A.103

 Classification of changes to the design of an aircraft for which design compliance has been declared

21L.A.104

 Eligibility

21L.A.105

 Declaration of design compliance for minor changes

21L.A.106

 Obligations of the person making a declaration of compliance of the design of a minor change

21L.A.107

 Declaration of design compliance for a major change

21L.A.108

 Compliance activities for declaring compliance of a major change

SUBPART G –

 DECLARED PRODUCTION ORGANISATIONS

21L.A.121

 Scope

21L.A.122

 Eligibility

21L.A.123

 Declaration of production capability

21L.A.124

 Management system for production

21L.A.125

 Resources of the declared production organisation

21L.A.126

 Scope of work

21L.A.127

 Obligations of the declared production organisation

21L.A.128

 Notification of changes and cessation of activities

SUBPART H –

 CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS

21L.A.141

 Scope

21L.A.142

 Eligibility

21L.A.143

 Application for a certificate of airworthiness or a restricted certificate of airworthiness

21L.A.144

 Obligations of the applicant for a certificate of airworthiness or a restricted certificate of airworthiness

21L.A.145

 Transferability and re-issuance of a certificate of airworthiness and of a restricted certificate of airworthiness within Member States

21L.A.146

 Continued validity of a certificate of airworthiness and of a restricted certificate of airworthiness

SUBPART I –

 NOISE CERTIFICATES AND RESTRICTED NOISE CERTIFICATES

21L.A.161

 Scope

21L.A.162

 Eligibility

21L.A.163

 Application

21L.A.164

 Transferability and re-issuance of noise certificates and restricted noise certificates within Member States

21L.A.165

 Continued validity of a noise certificate and of a restricted noise certificate

SUBPART J –

 DECLARED DESIGN ORGANISATIONS

21L.A.171

 Scope

21L.A.172

 Eligibility

21L.A.173

 Declaration of design capability

21L.A.174

 Management system for design

21L.A.175

 Resources of the declared design organisation

21L.A.176

 Scope of work

21L.A.177

 Obligations of the declared design organisation

21L.A.178

 Notification of changes and cessation of activities

SUBPART K –

 PARTS

21L.A.191

 Scope

21L.A.192

 Showing of compliance

21L.A.193

 Release of parts for installation

SUBPART M –

 DESIGN OF REPAIRS TO TYPE-CERTIFIED PRODUCTS

21L.A.201

 Scope

21L.A.202

 Standard repairs

21L.A.203

 Classification of repair designs to a type-certified product

21L.A.204

 Eligibility

21L.A.205

 Application for the approval of a repair design to a type-certified product

21L.A.206

 Demonstration of compliance

21L.A.207

 Requirements for the approval of a minor repair design

21L.A.208

 Requirements for the approval of a major repair design

21L.A.209

 Approval of a repair design under a privilege

21L.A.210

 Obligations of a holder of a repair design approval

21L.A.211

 Unrepaired damage

SUBPART N –

 DESIGN OF REPAIRS TO AIRCRAFT FOR WHICH DESIGN COMPLIANCE HAS BEEN DECLARED

21L.A.221

 Scope

21L.A.222

 Standard repairs

21L.A.223

 Classification of repair designs to an aircraft for which design compliance has been declared

21L.A.224

 Eligibility

21L.A.225

 Declaration of design compliance for minor repair designs

21L.A.226

 Declaration of design compliance of major repair designs

21L.A.227

 Compliance activities for declaring compliance of a major repair design

21L.A.228

 Obligations of the declarant of a declaration of design compliance of a repair design

21L.A.229

 Unrepaired damage

SUBPART O –

 EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS

SUBPART P –

 PERMIT TO FLY

21L.A.241

 Permit to fly and flight conditions

SUBPART Q –

 IDENTIFICATION OF PRODUCTS AND PARTS

21L.A.251

 Scope

21L.A.252

 Design of markings

21L.A.253

 Identification of products

21L.A.254

 Handling of identification data

21L.A.255

 Identification of parts

SUBPART R –

 STATEMENT OF CONFORMITY FOR AIRCRAFT AND AUTHORISED RELEASE CERTIFICATE (EASA FORM 1) FOR ENGINES AND PROPELLERS, OR PARTS THEREOF, THAT CONFORM TO A DECLARATION OF DESIGN COMPLIANCE

21L.A.271

 Scope

21L.A.272

 Eligibility

21L.A.273

 Production control system

21L.A.274

 Issuance of a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1)

21L.A.275

 Obligations of a natural or legal person issuing a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1)

SECTION B –

PROCEDURES FOR COMPETENT AUTHORITIES

SUBPART A –

 GENERAL PROVISIONS

21L.B.11

 Oversight documentation

21L.B.12

 Exchange of information

21L.B.13

 Information to the Agency

21L.B.14

 Airworthiness directives received from non-Member States

21L.B.15

 Immediate reaction to a safety problem

21L.B.16

 Management system

21L.B.17

 Allocation of tasks to qualified entities

21L.B.18

 Changes in the management system

21L.B.19

 Resolution of disputes

21L.B.20

 Record-keeping

21L.B.21

 Findings and observations

21L.B.22

 Enforcement measures

21L.B.23

 Airworthiness directives

21L.B.24

 Means of compliance

SUBPART B –

 TYPE CERTIFICATES

21L.B.41

 Certification specifications

21L.B.42

 Initial investigation

21L.B.43

 Type-certification basis for a type certificate

21L.B.44

 Special conditions

21L.B.45

 Designation of the applicable environmental protection requirements for a type certificate

21L.B.46

 Investigation

21L.B.47

 Issuance of a type certificate

21L.B.48

 Continuing airworthiness oversight of products for which a type certificate has been issued

21L.B.49

 Transfer of a type certificate

SUBPART C –

 DECLARATIONS OF DESIGN COMPLIANCE

21L.B.61

 Detailed technical specifications and applicable environmental protection requirements for declarations of product design compliance

21L.B.62

 Initial oversight investigation

21L.B.63

 Registration of a declaration of design compliance

21L.B.64

 Continuing airworthiness oversight of aircraft for which design compliance has been declared

SUBPART D –

 CHANGES TO TYPE CERTIFICATES

21L.B.81

 Type-certification basis and applicable environmental protection requirements for a major change to a type certificate

21L.B.82

 Investigation and issuance of an approval of a minor change to a type certificate

21L.B.83

 Investigation of a major change to a type certificate

21L.B.84

 Issuance of an approval of a major change to a type certificate

21L.B.85

 Continuing airworthiness oversight of changed products for which a type certificate has been issued

SUBPART E –

 SUPPLEMENTAL TYPE CERTIFICATES

21L.B.101

 Type-certification basis and applicable environmental protection requirements for a supplemental type certificate

21L.B.102

 Investigation

21L.B.103

 Issuance of a supplemental type certificate

21L.B.104

 Continuing airworthiness oversight of products for which a supplemental type certificate has been issued

SUBPART F –

 CHANGES TO AIRCRAFT FOR WHICH DESIGN COMPLIANCE HAS BEEN DECLARED

21L.B.121

 Initial oversight investigation of a declaration of design compliance of a major change to the design of an aircraft for which design compliance has been declared

21L.B.122

 Registration of a declaration of design compliance for a major change to an aircraft design

21L.B.123

 Continuing airworthiness oversight of a changed aircraft for which design compliance has been declared

SUBPART G –

 DECLARED PRODUCTION ORGANISATIONS

21L.B.141

 Initial oversight investigation

21L.B.142

 Registration of a declaration of production capability

21L.B.143

 Oversight

21L.B.144

 Oversight programme

21L.B.145

 Oversight activities

21L.B.146

 Changes to declarations

SUBPART H –

 CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS

21L.B.161

 Investigation

21L.B.162

 Issuance or amendment of a certificate of airworthiness or a restricted certificate of airworthiness

21L.B.163

 Oversight

SUBPART I –

 NOISE CERTIFICATES

21L.B.171

 Investigation

21L.B.172

 Issuance or amendment of noise certificates

21L.B.173

 Oversight

SUBPART J –

 DECLARED DESIGN ORGANISATIONS

21L.B.181

 Initial oversight investigation

21L.B.182

 Registration of a declaration of design capability

21L.B.183

 Oversight

21L.B.184

 Oversight programme

21L.B.185

 Oversight activities

21L.B.186

 Changes to declarations

SUBPART K –

 PARTS

SUBPART M –

 DESIGN OF REPAIRS TO TYPE-CERTIFIED PRODUCTS

21L.B.201

 Type-certification basis and applicable environmental protection requirements for a repair design approval

21L.B.202

 Investigation and issuance of an approval for a minor repair design

21L.B.203

 Investigation of an application for the approval of a major repair design

21L.B.204

 Issuance of an approval of a major repair design

21L.B.205

 Continuing airworthiness oversight of products for which a repair design has been approved

21L.B.206

 Unrepaired damage

SUBPART N –

 DESIGN OF REPAIRS TO AIRCRAFT FOR WHICH DESIGN COMPLIANCE HAS BEEN DECLARED

21L.B.221

 Initial oversight investigation of a declaration of design compliance of a major repair design to an aircraft for which design compliance has been declared

21L.B.222

 Registration of a declaration of a major repair design to an aircraft for which design compliance has been declared

21L.B.223

 Continuing airworthiness oversight of a repair design for which design compliance has been declared

SUBPART O –

 EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS

SUBPART P –

 PERMIT TO FLY

21L.B.241

 Investigation prior to the issuance of a permit to fly

21L.B.242

 Investigation prior to issuance of the flight conditions

SUBPART Q –

 IDENTIFICATION OF PRODUCTS AND PARTS

SUBPART R –

 STATEMENT OF CONFORMITY FOR AIRCRAFT AND AUTHORISED RELEASE CERTIFICATES (EASA FORM 1) FOR ENGINES AND PROPELLERS, AND PARTS THEREOF, THAT CONFORM TO A DECLARATION OF DESIGN COMPLIANCE

21L.B.251

 Oversight

21L.B.252

 Oversight programme

21L.B.253

 Oversight activities

Appendices to Annex Ib

21L.1   Scope

(reserved)

21L.2   Competent authority

(reserved)

SECTION A

TECHNICAL REQUIREMENTS

SUBPART A –   GENERAL PROVISIONS

21L.A.1   Scope

This Section establishes general rights and obligations that are applicable to:

(a)

the applicant for, and holder of, any certificate issued or to be issued in accordance with this Annex;

(b)

any declarant of design or production capability or of design compliance; and

(c)

any natural or legal person issuing a statement of conformity for an aircraft, or an authorised release certificate (EASA Form 1) for an engine, propeller or part produced.

21L.A.2   Obligations and actions performed by a person other than the applicant for, or holder of, a certificate or the declarant of a declaration of design compliance

The actions and obligations required to be undertaken by the applicant for, or holder of, a certificate for a product or part or by the declarant of a declaration of design compliance under this Section may be undertaken on its behalf by any other natural or legal person, provided that the applicant’s, holder’s or declarant’s obligations are and will be properly discharged.

21L.A.3   Reporting system

(a)

Without prejudice to Regulation (EU) No 376/2014 of the European Parliament and of the Council (1) and its delegated and implementing acts, any natural or legal person who holds or has applied for a type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, or who has declared the compliance of an aircraft design, or a design change or repair design to it under this Annex shall:

1.

establish and maintain a system for collecting, investigating and analysing occurrence reports in order to identify adverse trends or to address deficiencies, and to extract occurrences, whose reporting is mandatory in accordance with point (3) and those which are reported voluntarily. The reporting system shall include:

(i)

reports of and information related to failures, malfunctions, defects or other events which cause or might cause adverse effects on the continuing airworthiness of the product or part covered by the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, or by the declaration of design compliance issued under this Annex;

(ii)

reports of errors, near misses, and hazards that do not fall under point (i);

2.

make available to known operators of the product or part, and, on request, to any person authorised under other associated implementing acts or delegated acts, the information about the system established in accordance with point (a)(1), and on how to provide such reports of and information related to failures, malfunctions, defects or other events referred to in point (a)(1)(i);

3.

report to the Agency any failure, malfunction, defect or other event of which they are aware related to a product or part, covered by the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, or by a declaration of design compliance issued under this Annex, and which has resulted in or may result in an unsafe condition.

(b)

Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, any natural or legal person who has declared their production capability under Subpart G of this Annex, or who produces a product or part under Subpart R of this Annex, shall:

1.

establish and maintain a system for collecting and assessing internal occurrence reports, including reports on internal errors, near misses, and hazards, in order to identify adverse trends or to address deficiencies, and extract occurrences, whose reporting is mandatory in accordance with points (2) and (3) and those which are reported voluntarily;

2.

report, to the responsible design approval holder or declarant of a declaration of design compliance, all cases in which products or parts have been released by them and subsequently identified to have possible deviations from the applicable design data, and investigate with the design approval holder or the declarant of a declaration of design compliance, to identify those deviations which could lead to an unsafe condition;

3.

report to the Agency and the competent authority of the Member State responsible in accordance with point 21L.2, if any, the deviations which could lead to an unsafe condition that were identified according to point (2) of point 21L.A.3(b);

4.

if acting as a supplier to another production organisation, report to that other organisation all the cases in which it has released products or parts to that organisation and subsequently identified them to have possible deviations from the applicable design data.

The reporting obligations of point 21.A.3A(b) of Annex I of natural and legal persons who hold or have applied for a production organisation approval shall include occurrences related to products and parts produced in conformity with design data approved or declared in accordance with this Annex, and, where the design compliance was declared, reports shall be made to the declarant of design compliance.

(c)

Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, any natural or legal person referred to in points (a) and (b) when reporting in accordance with points (a)(3), (b)(2), (b)(3) and (b)(4), shall appropriately safeguard the confidentiality of the reporter and of the persons mentioned in the report.

(d)

Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, any natural or legal person referred to in points (a) and (b) shall make the reports defined in points (a)(3) and (b)(3) in a form and manner established by the competent authority as soon as practicable, and in any case, dispatch the reports not later than 72 hours after the natural or legal person referred to in points (a) and (b) has identified the possible unsafe condition, unless exceptional circumstances prevent this.

(e)

Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, if an occurrence reported under point (a)(3) or under point (b)(3) results from a deficiency in the design, or a production deficiency, the holder of the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, the declarant of a declaration of design compliance or the production organisation referred to in point (b) as appropriate, shall investigate the reason for the deficiency and report to the Agency and to the competent authority of the Member State responsible in accordance with point 21L.2, if any, the results of its investigation and any action it is taking or proposes to take to correct that deficiency.

(f)

If the competent authority finds that an action is required to correct the deficiency, the holder of the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, the declarant of a declaration of design compliance, or the production organisation referred to in point (b) as appropriate, shall submit the relevant data to the competent authority upon its request.

21L.A.4   Airworthiness directives

When an airworthiness directive has to be issued by the Agency in accordance with point 21L.B.23 to correct an unsafe condition, or to require the performance of an inspection, the holder of the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, as well as the declarant of a declaration of design compliance, as applicable, shall:

(a)

propose the appropriate corrective action or required inspections, or both, and submit details of these proposals to the Agency for approval;

(b)

following the approval by the Agency of the proposals referred to under point (a), make available to all known operators or owners of the product or part, and, on request, to any person required to comply with the airworthiness directive, appropriate descriptive data and accomplishment instructions.

21L.A.5   Collaboration between design and production

The holder of a type certificate, supplemental type certificate, approval of a change to type certificate or approval of a repair design, the declarant of a declaration of design compliance, and the organisation or the natural or legal person producing products or parts of that specific design shall collaborate so as to ensure that the product or part are in conformity to that design and to ensure the continued airworthiness of the product or part.

21L.A.6   Marking

(a)

The holder of a type certificate, supplemental type certificate, approval of a change to type certificate or approval of a repair design, or the declarant of a declaration of design compliance shall specify the marking for products or parts in accordance with Subpart Q of this Annex.

(b)

The organisation or the natural or legal person producing products or parts shall mark these products and parts in accordance with Subpart Q of this Annex.

21L.A.7   Record-keeping

All natural or legal persons who hold or who have applied for a type certificate, supplemental type certificate, repair design approval, or permit to fly, who have declared design compliance, who have issued a declaration of design or production capability, or who produce products or parts under this Regulation shall:

(a)

when designing a product or part or changes or repairs thereto, establish a record-keeping system that incorporates the requirements imposed on its partners and subcontractors and maintain the relevant design information/data and hold it at the disposal of the Agency in order to provide the information necessary to ensure their continued airworthiness and compliance with the applicable environmental protection requirements;

(b)

when producing a product or part, establish a record-keeping system and record the details of the work relevant to the conformity of the products or parts, and the requirements imposed on its partners and suppliers, and hold them at the disposal of the competent authority in order to provide the information necessary to ensure the continuing airworthiness of the product and part;

(c)

with regard to permits to fly, in addition to the record-keeping requirements established in point 21.A.5(c) of Annex I, record any documents produced to demonstrate compliance with the additional requirements established in point 21L.A.241(b), and hold them at the disposal of the Agency and the competent authority;

(d)

retain records of competence and the qualifications of personnel who are involved in design or production and in the independent function to monitor the compliance, if required by points 21L.A.125(c), 21L.A.175(b) or 21L.A.175(e).

21L.A.8   Manuals

The holder of a type certificate or supplemental type certificate or the declarant of a declaration of design compliance shall produce, maintain and update master copies of all the manuals or variations in the manuals required by the applicable type-certification basis, the applicable detailed technical specifications and the applicable environmental protection requirements for the product or part, and provide copies, on request, to the Agency.

21L.A.9   Instructions for continued airworthiness

(a)

The holder of a type certificate, supplemental type certificate, design change or repair design approval or the declarant of a declaration of design compliance shall establish the information which is necessary for ensuring that the airworthiness of the aircraft type and any associated part, conforming to that design, is maintained throughout the operational life.

(b)

The holder of a type certificate, supplemental type certificate, design change or repair design approval or the declarant of a declaration of design compliance shall provide the information established in (a) before that design is released to service.

(c)

The instructions for continued airworthiness shall be provided by:

1.

the holder of a type certificate or by the declarant of a declaration of design compliance to each known owner of one or more products upon its delivery or upon the issuance of the first certificate of airworthiness or restricted certificate of airworthiness, as applicable, for the affected aircraft, whichever occurs later;

2.

the holder of a type certificate, supplemental type certificate or minor change approval or by the declarant of a declaration of design compliance for a design change to all known operators of the product affected by the change upon the release to service of the modified product;

3.

the holder of a repair design approval or by the declarant of a declaration of design compliance for a repair design to all known operators of the product affected by the repair upon the release to service of the product in which the repair design is embodied. The repaired product or part may be released into service before the related instructions for continued airworthiness have been completed, but this shall be for a limited service period, and in agreement with the Agency.

Thereafter, these certificate holders or declarants shall make this information available on request to any other person required to comply with those instructions for continued airworthiness.

(d)

By way of derogation from point (b), the type-certificate holder or declarant of a declaration of design compliance may delay the availability of a part of the instructions for continued airworthiness, dealing with long lead accomplishment instructions of a scheduled nature, until after the product or modified product has entered into service, but shall make those instructions available before the use of this data is required for the product or modified product.

(e)

The design approval holder or declarant of a declaration of design compliance who is required to provide instructions for continued airworthiness in accordance with point (b) shall also make available all the changes to those instructions to all the known operators of the product affected by the change, and, on request, to any other person required to comply with those changes.

21L.A.10   Access and investigation

All natural or legal persons who hold or who have applied for a type certificate, supplemental type certificate, major repair design approval, permit to fly, certificate of airworthiness, restricted certificate of airworthiness, noise certificate or restricted noise certificate, who have declared design compliance, who have declared their design or production capability or who produce aircraft, engines, propellers or parts under Subpart R of this Annex, shall:

(a)

grant the competent authority access to any facility, product, part, document, record, data, processes, procedures or any other material, and permit the review of any report and make any inspection and perform or witness any test that is necessary to verify the compliance and the continued compliance with the applicable requirements of this Section;

(b)

if the natural or legal person uses partners, suppliers or subcontractors, make arrangements with them to ensure that the competent authority has access and can investigate as described in point (a).

21L.A.11   Findings and observations

(a)

After the receipt of the notification of findings, the natural or legal person who holds or who has applied for a type certificate, supplemental type certificate, major repair design approval, permit to fly, certificate of airworthiness, restricted certificate of airworthiness, noise certificate or restricted noise certificate, who has declared design compliance, who has declared their design or production capability or who produces aircraft, engines, propellers or parts under Subpart R of this Annex, shall take the following steps within the time period determined by the competent authority in accordance with point (d) or (e) of point 21L.B.21:

1.

identify the root cause(s) of, and contributing factor(s) to, the non-compliance;

2.

define a corrective action plan and propose it to the competent authority;

3.

demonstrate the implementation of the corrective action(s) to the satisfaction of the competent authority.

(b)

An observation notified by the competent authority in accordance with point (f) of point 21L.B.21 shall be given due consideration. The natural or legal person shall record the decision taken in respect of those observations.

21L.A.12   Means of compliance

(a)

A legal or natural person may use any alternative means of compliance to the acceptable means of compliance (AMC) to establish compliance with this Regulation.

(b)

If a natural or legal person wishes to use an alternative means of compliance, they shall, prior to using it, provide the competent authority with a full description. The description shall include any revisions to manuals or procedures that may be relevant, as well as an explanation indicating how compliance with this Regulation is achieved.

(c)

The natural or legal person may use those alternative means of compliance subject to prior approval from the competent authority.

SUBPART B –   TYPE CERTIFICATES

21L.A.21   Scope

This Subpart establishes the procedure for applying for type certificates, and establishes the rights and obligations of the applicants for, and holders of, those certificates for products, when the product is one of the following:

(a)

an aeroplane with a maximum take-off mass (MTOM) of 2 000 kg or less with a seating configuration of maximum four persons;

(b)

a sailplane or powered sailplane with an MTOM of 2 000 kg or less;

(c)

a balloon;

(d)

a hot air airship;

(e)

a passenger gas airship designed for not more than four persons;

(f)

a rotorcraft with an MTOM of 1 200 kg or less with a seating configuration of maximum four persons;

(g)

a piston engine and fixed pitch propeller that are intended to be installed on an aircraft referred to in points (a) to (f). In such cases, the type certificate data sheet shall be appropriately annotated to only permit installation of the engine or propeller on such aircraft;

(h)

gyroplanes.

21L.A.22   Eligibility

Any natural or legal person who has demonstrated, or is in the process of demonstrating, their design capability in accordance with point 21L.A.23, may apply for a type certificate under the conditions laid down in this Subpart.

21L.A.23   Demonstration of design capability

An applicant for a type certificate shall demonstrate their design capability by:

(a)

holding a design organisation approval with terms of approval that cover the respective category of the product, issued by the Agency in accordance with Subpart J of Section A of Annex I (Part 21); or

(b)

declaring their design capability for the type of design work and the category of the product in accordance with Subpart J of this Annex.

21L.A.24   Application for a type certificate

(a)

An application for a type certificate shall be made in a form and manner established by the Agency.

(b)

An application for a type certificate shall include as a minimum:

1.

a justification that the application is within the scope as established in point 21L.A.21;

2.

preliminary descriptive data of the product, the intended use, and the kind of operation of the product for which certification is requested;

3.

a proposal for the type-certification basis and the applicable environmental protection requirements, prepared in accordance with the requirements and options specified in points 21L.B.43 and 21L.B.45;

4.

a compliance demonstration plan detailing the means and methods of compliance that shall be updated by the applicant when there are changes to the certification project that affect points (1) to (3) or any changes to the means and methods of compliance.

(c)

An application for a type certificate shall remain valid for 3 years. In case a type certificate has not been issued within this period, a new application shall be made in accordance with points (a) and (b).

21L.A.25   Demonstration of compliance

(a)

The applicant for a type certificate shall, following the acceptance of the compliance demonstration plan by the Agency and in accordance with its contents, then:

1.

demonstrate compliance with the applicable type-certification basis as established and notified to the applicant by the Agency in accordance with point 21L.B.43;

2.

demonstrate compliance with the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with point 21L.B.45; and

3.

provide the Agency with the means by which such compliance has been demonstrated.

(b)

The applicant for a type certificate shall provide the Agency with a recorded justification of the means of compliance within compliance documents according to the compliance demonstration plan.

(c)

When carrying out testing and inspections to demonstrate compliance in accordance with point (a), the applicant shall have verified and documented this verification prior to carrying out any test:

1.

for each test specimen, that:

(i)

the materials and processes adequately conform to the specifications for the proposed type design;

(ii)

the constituent parts of the products adequately conform to the drawings in the proposed type design;

(iii)

the manufacturing processes, construction and assembly adequately conform to those specified in the proposed type design; and

2.

that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated.

(d)

The flight testing for the purpose of obtaining a type certificate shall be conducted in accordance with the methods for such flight testing specified by the Agency. The applicant for a type certificate shall make all the flight tests necessary to determine compliance with the applicable type-certification basis. The flight tests shall include a period of operation in a final configuration of a sufficient duration to ensure that there will be no safety issues when the aircraft first enters service.

(e)

An applicant for a type certificate shall allow the Agency to:

1.

review any data and information related to the demonstration of compliance;

2.

witness or carry out any test or inspection conducted for the purpose of the demonstration of compliance;

3.

conduct a physical inspection of the first article of that product in the final configuration to verify the compliance of the design with the type-certification basis and the applicable environmental protection requirements and any other investigation determined in accordance with point 21L.B.46.

(f)

Upon the completion of the compliance demonstration, the applicant shall declare to the Agency that:

1.

they have demonstrated compliance with the type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with points 21L.B.43 and 21L.B.45, according to the compliance demonstration plan; and

2.

no feature or characteristic has been identified that may make the product unsafe or environmentally incompatible for the uses for which certification is requested.

21L.A.26   Type design

The applicant for a type certificate shall define the product type design to enable its unique and unambiguous identification, consisting of:

(a)

drawings and specifications and a listing of those drawings and specifications that are necessary to define the configuration and the design features of the product;

(b)

information on the materials and processes used;

(c)

information on the methods of manufacture and assembly;

(d)

any airworthiness limitations;

(e)

the environmental compatibility requirements; and

(f)

any other data allowing by comparison the determination of the airworthiness, and, if relevant, the environmental compatibility of later products of the same type.

21L.A.27   Requirements for the issuance of a type certificate

In order to be issued with a type certificate, the applicant shall:

(a)

demonstrate their design capability in accordance with point 21L.A.23;

(b)

demonstrate the compliance of the design in accordance with point 21L.A.25;

(c)

demonstrate, for aircraft type certificates, that the engine or propeller, or both, if installed on the aircraft, have either:

1.

a type certificate issued or determined in accordance with Annex I (Part 21) or issued in accordance with this Annex; or

2.

been included within the application for the aircraft type certificate and the applicant has ensured the compliance of the engine and propeller during the compliance demonstration in point 21L.A.25;

(d)

demonstrate that there are no unresolved issues from the physical inspection of the first article of that product in the final configuration or any other investigation carried out by the Agency in accordance with points (c) and (d) of point 21L.B.46.

21L.A.28   Obligations of a type-certificate holder

The holder of a type certificate shall undertake the obligations of a type-certificate holder set forth in Subpart A of this Annex and shall continue to comply with the eligibility requirement under point 21L.A.22.

21L.A.29   Transferability of a type certificate

A type certificate may be transferred to a new holder, provided that the Agency has verified, in accordance with point 21L.B.49, that the natural or legal person to whom the type certificate is intended to be transferred is eligible in accordance with point 21L.A.22 to hold a type certificate and is able to undertake the obligations of a type-certificate holder under point 21L.A.28. The holder of the type certificate or the natural or legal person who wishes to adopt the certificate shall apply to the Agency to verify whether these conditions are complied with, in a form and manner established by the Agency.

21L.A.30   Continued validity of a type certificate

(a)

A type certificate shall remain valid as long as:

1.

the type certificate is not surrendered by the holder;

2.

the holder of the type certificate remains in compliance with the relevant requirements of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, taking into account the provisions related to the handling of findings as specified under point 21L.B.21;

3.

the type certificate is not revoked by the Agency in accordance with point 21L.B.22.

(b)

Upon surrender or revocation, the type certificate shall be returned to the Agency.

SUBPART C –   DECLARATIONS OF AIRCRAFT DESIGN COMPLIANCE

21L.A.41   Scope

(a)

This Subpart establishes the procedure for declaring the design compliance of aircraft, and establishes the rights and obligations of the persons making such declarations.

(b)

This Subpart applies to the following categories of aircraft, provided that the design of the aircraft does not include novel or unusual design features:

1.

an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not jet-powered, and has a seating configuration of maximum two persons;

2.

a sailplane or powered sailplane with an MTOM of 1 200 kg or less;

3.

a balloon designed for not more than four persons;

4.

a hot air airship designed for not more than four persons.

(c)

For the purpose of this Subpart, a design feature shall be considered to be novel or unusual if at the time that the declaration of design compliance is made, that design feature is not covered by the detailed technical specifications established and made available by the Agency in accordance with point 21L.B.61.

21L.A.42   Eligibility

Any natural or legal person may declare the compliance of an aircraft design under the conditions laid down in this Subpart.

21L.A.43   Declaration of design compliance

(a)

Prior to producing an aircraft or agreeing with a production organisation to produce an aircraft, a natural or legal person who designs that aircraft shall declare that its design complies with the applicable detailed technical specifications and the applicable environmental protection requirements referred to in point 21L.A.45.

(b)

The declaration shall be made in a form and manner established by the Agency and shall contain at least the following information:

1.

the name of the person submitting the declaration, and their address/place of business;

2.

a unique reference for identifying the aircraft;

3.

indication of the applicable detailed technical specifications and the applicable environmental protection requirements according to point 21L.A.45 with which the declarant declares compliance;

4.

a signed statement made under the sole responsibility of the person making the declaration that the design of the aircraft, and if applicable the engine or propeller, is in compliance with the applicable detailed technical specifications and the applicable environmental protection requirements referred to in point 3, according to the compliance demonstration plan referred to in point (c)(3);

5.

a signed statement made under the sole responsibility of the person making the declaration that no features or characteristics have been identified by that person that may make the aircraft unsafe or environmentally incompatible for the intended use;

6.

a signed commitment that the person making the declaration will undertake the obligations referred to in point 21L.A.47;

7.

if the aircraft design covered by the declaration includes an engine or propeller:

(i)

a reference to the engine or propeller type certificate issued or determined in accordance with Annex I (Part 21) or issued in accordance with this Annex; or

(ii)

in the case of piston engines and fixed pitch propellers, a statement that the declaration of design compliance of the aircraft covers the compliance of the engine or propeller with the applicable engine or propeller technical specifications;

8.

the instructions for continued airworthiness;

9.

the operating limitations;

10.

the data sheet for airworthiness and, if applicable, emissions;

11.

the data sheet for noise, if applicable;

12.

any other conditions or limitations prescribed for the aircraft, and if applicable the engine or propeller, in the applicable detailed technical specifications and the applicable environmental protection requirements with which the declarant declares compliance.

(c)

The declarant shall submit the declaration of design compliance referred to in point (b) to the Agency. Together with this declaration, the declarant shall provide to the Agency:

1.

a drawing of the aircraft;

2.

a detailed description of the aircraft design, including all the configurations covered by the declaration, the operating characteristics, design features and any limitations;

3.

a compliance demonstration plan detailing the means by which compliance with the applicable detailed technical specifications and the applicable environmental protection requirements has been demonstrated during compliance demonstration;

4.

recorded justifications of compliance obtained from the compliance activities that have been conducted according to the compliance demonstration plan;

5.

where compliance is demonstrated by carrying out tests, recorded justification of the conformity of the test articles and equipment, demonstrating:

(i)

for the test specimen, that:

(A)

the materials and processes adequately conformed to the specifications for the design;

(B)

the constituent parts of the products adequately conformed to the drawings in the design; and

(C)

the manufacturing processes, construction and assembly adequately conformed to those specified in the design;

(ii)

that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated;

6.

reports, results of inspections or tests that the declarant found necessary to determine that the aircraft, and if applicable the engine or propeller, complies with the applicable detailed technical specifications and the applicable environmental protection requirements.

21L.A.44   Compliance activities for a declaration of design compliance

Prior to making a declaration of design compliance in accordance with point 21L.A.43, the declarant responsible for design of that aircraft shall, for that specific aircraft design:

(a)

establish a compliance demonstration plan detailing the means for compliance demonstration that shall be followed during the compliance demonstration. This document shall be updated as necessary;

(b)

record the justification of compliance within compliance documents according to the compliance demonstration plan;

(c)

perform testing and inspections as necessary in accordance with the compliance demonstration plan;

(d)

ensure and record the conformity of the test articles and equipment and ensure that the test specimen conforms to the specifications, drawings, manufacturing processes, construction and assembly means in the design;

(e)

ensure that the test and measuring equipment to be used for testing are adequate for testing and appropriately calibrated;

(f)

allow the Agency to conduct or participate in any inspections or tests of aircraft in the final or suitably mature design and production configuration that are necessary to determine that the product has no feature or characteristic that makes the aircraft unsafe or environmentally incompatible for the intended use;

(g)

carry out flight testing, in accordance with the methods for such flight testing specified by the Agency, to determine whether the aircraft complies with the applicable detailed technical specifications and the applicable environmental protection requirements. The flight testing shall include a period of operation in the final configuration of a sufficient duration to ensure that there will be no safety issues when the aircraft first enters service.

21L.A.45   Detailed technical specifications and environmental protection requirements that are applicable to aircraft subject to declarations of design compliance

The declarant shall demonstrate the compliance of the aircraft design with the detailed technical specifications and the applicable environmental protection requirements referred to in point 21L.B.61, which are applicable to that aircraft and which are effective on the date on which the declaration of design compliance is made to the Agency.

21L.A.46   Aircraft design data

(a)

The declarant shall clearly define the aircraft design to enable its unique and unambiguous identification.

(b)

The aircraft design data that is used by the declarant to uniquely define the aircraft design shall include:

1.

the drawings and specifications and a listing of those drawings and specifications that are necessary to define the configuration and the design features of the product;

2.

information on the materials and processes used;

3.

information on the methods of manufacture and assembly;

4.

any airworthiness limitations;

5.

any environmental compatibility requirements; and

6.

any other data allowing by comparison the determination of the airworthiness and, if relevant, the environmental compatibility of later products of the same type.

21L.A.47   Obligations of the declarant of a declaration of design compliance

The declarant who made a declaration of aircraft design compliance to the Agency in accordance with point 21L.A.43 shall:

(a)

upon submission of the declaration, arrange for the Agency to conduct a physical inspection and flight tests of the first article of that aircraft in the final or a suitably mature configuration to ensure that the aircraft can achieve an acceptable level of safety and is environmentally compatible;

(b)

retain all the supporting documents for the declaration of design compliance, and make them available to the Agency upon request;

(c)

comply with all other obligations applicable to a declarant of a declaration of design compliance set forth in Subpart A of this Annex.

21L.A.48   Non-transferability of a declaration of aircraft design compliance

(a)

A declaration of aircraft design compliance cannot be transferred.

(b)

A natural or legal person who is taking over the design of an aircraft for which compliance of the design has been previously declared shall:

1.

submit a new declaration of aircraft design compliance in accordance with this Subpart;

2.

demonstrate that the declarant who previously made a declaration of aircraft design compliance is no longer active or has agreed to the transfer of the aircraft design data;

3.

commit to comply with all the obligations applicable to persons making a declaration of aircraft design compliance set forth in this Subpart as per point 21L.A.47.

SUBPART D –   CHANGES TO TYPE CERTIFICATES

21L.A.61   Scope

This Subpart establishes:

(a)

the procedure for applying for the approval of changes to type certificates for products certified in accordance with this Annex, provided that the changed product is still within the scope of point 21L.A.21;

(b)

the rights and obligations of the applicants for, and holders of, those approvals referred to in point (a);

(c)

provisions regarding the standard changes that do not require an approval.

21L.A.62   Standard changes

(a)

Standard changes are those changes to a type certificate of a product approved in accordance with Subpart B of Section B of this Annex:

1.

that follow the design data included in the certification specifications issued by the Agency, containing the acceptable methods, techniques and practices for carrying out and identifying standard changes, including the associated instructions for continued airworthiness; and

2.

that are not in conflict with the data of the holder of that type certificate.

(b)

Points 21L.A.63 to 21L.A.70 are not applicable to standard changes.

21L.A.63   Classification of changes to a type certificate

(a)

Changes to a type certificate shall be classified as minor or major.

(b)

A ‘minor change’ is a change that has no appreciable effect on the mass, balance, structural strength, reliability, certified noise or emissions levels, operational characteristics, or other characteristics affecting the airworthiness or the environmental compatibility of the product.

(c)

All other changes are ‘major changes’, unless the change in design, power, thrust, or mass is so extensive that a substantially complete investigation of compliance with the applicable type-certification basis or with the applicable environmental protection requirements or with the applicable detailed technical specifications is required, in which case the design shall be certified in accordance with Subpart B of this Annex.

(d)

The requirements for the approval of minor changes are those established in point 21L.A.67.

(e)

The requirements for the approval of major changes are those established in point 21L.A.68.

21L.A.64   Eligibility

(a)

Only the type-certificate holder may apply for the approval of a major change to a type certificate under this Subpart; all other applicants for a major change to a type certificate shall apply under Subpart E of this Annex.

(b)

Any natural or legal person may apply for the approval of a minor change to a type certificate under this Subpart.

21L.A.65   Application for a change to a type certificate

(a)

An application for the approval of a change to a type certificate shall be made in a form and manner established by the Agency.

(b)

For a major change to a type certificate, the applicant shall include in the application a compliance demonstration plan for the demonstration of compliance in accordance with point 21L.A.66, along with a proposal for the type-certification basis and the applicable environmental protection requirements, prepared in accordance with the requirements and options specified in point 21L.B.81.

21L.A.66   Demonstration of compliance

(a)

The applicant for a major change to a type certificate shall demonstrate compliance with the applicable type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with point 21L.B.81, and shall provide the Agency with the means by which such compliance has been demonstrated.

(b)

The applicant for a major change to a type certificate shall provide the Agency with a recorded justification of the means of compliance according to the compliance demonstration plan.

(c)

When carrying out testing and inspections to demonstrate compliance in accordance with point (a), the applicant shall have verified and documented this verification prior to carrying out any test:

1.

for the test specimen, that:

(i)

the materials and processes adequately conform to the specifications for the proposed changed type design;

(ii)

the constituent parts of the products adequately conform to the drawings in the proposed changed type design;

(iii)

the manufacturing processes, construction and assembly adequately conform to those specified in the proposed changed type design; and

2.

that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated.

(d)

The flight testing for the purpose of obtaining an approval of a major change to a type certificate shall be conducted in accordance with the methods for such flight testing specified by the Agency. The applicant for a major change to a type certificate shall make all the flight tests necessary to determine compliance with the applicable type-certification basis and the applicable environmental protection requirements.

(e)

An applicant for a major change to a type certificate shall allow the Agency to:

1.

review any data and information related to the demonstration of compliance;

2.

witness or carry out any test or inspection conducted for the purpose of the demonstration of compliance; and

3.

if it is considered necessary, conduct a physical inspection of the first article of that product in the final changed configuration to verify the compliance of the design with the type-certification basis and the applicable environmental protection requirements.

(f)

Upon completion of the compliance demonstration, the applicant shall declare to the Agency that:

1.

they have demonstrated compliance with the type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with point 21L.B.81, according to the compliance demonstration plan; and

2.

no feature or characteristic has been identified that may make the changed product unsafe or environmentally incompatible for the uses for which certification is requested.

21L.A.67   Requirements for the approval of a minor change to a type certificate

In order to be issued with an approval of a minor change to a type certificate, the applicant shall:

(a)

demonstrate that the change and the areas affected by the change comply:

1.

with the type-certification basis and the applicable environmental protection requirements incorporated by reference in the type certificate; or

2.

if the applicant chooses to, with the certification specifications that are applicable to the product on the date of the application for the change;

(b)

declare compliance with the type-certification basis and the applicable environmental protection requirements that apply in accordance with point (a)(1), or with the certification specifications chosen in accordance with point (a)(2), record the justifications of compliance in the compliance documents, and record that no feature or characteristic has been identified that may make the changed product unsafe for the uses for which certification is requested;

(c)

submit to the Agency the justification of compliance for the change and the declaration of compliance.

21L.A.68   Requirements for the approval of a major change to a type certificate

In order to be issued with an approval of a major change to a type certificate, the applicant shall:

(a)

demonstrate that the change and the areas affected by the change comply with the type-certification basis and the applicable environmental protection requirements, as established and notified to the applicant by the Agency in accordance with point 21L.B.81;

(b)

demonstrate compliance in accordance with point 21L.A.66;

(c)

demonstrate that there are no unresolved issues from the physical inspection of the first article of that product in the final changed configuration carried out by the Agency in accordance with point 21L.A.66(e)(3).

21L.A.69   Approval of a change to a type certificate under a privilege

(a)

The approval of a change to a type certificate that it has designed may be issued by an approved design organisation without an application according to point 21L.A.65 in accordance with the scope of its privileges provided for in points (2) and (8) of point 21.A.263(c) of Annex I (Part 21) instead of the Agency, as recorded in the terms of approval.

(b)

When issuing an approval of a change to type certificate in accordance with point (a), the design organisation shall:

1.

ensure that all the substantiation data and justifications are available;

2.

ensure that the compliance of the change with the type-certification basis and the applicable environmental protection requirements according to point (a)(1) of point 21L.A.67 or point (a) of point 21L.A.68 has been demonstrated and declared in accordance with point 21L.A.66;

3.

confirm that it has not found:

(i)

any non-compliances with the type-certification basis or, where applicable, with the applicable environmental protection requirements, or with the certification specifications chosen;

(ii)

any feature or characteristic of the change that may make the changed product unsafe or environmentally incompatible for the uses for which certification is requested;

4.

limit the approval of a change to a type certificate to the specific configuration(s) in the type certificate to which the change relates.

21L.A.70   Obligations for minor changes to a type certificate

The holder of an approval of a minor change to a type certificate shall ensure that the obligations for holders of minor change approvals of Subpart A of this Annex are undertaken.

SUBPART E –   SUPPLEMENTAL TYPE CERTIFICATES

21L.A.81   Scope

This Subpart establishes the procedure for natural or legal persons other than the holder of that type certificate for applying for the approval of major changes to type certificates, issued under Annex I (Part 21) or this Annex, of products within the scope of point 21L.A.21, provided that the changed product is still within the scope of that point, and establishes the rights and obligations of the applicants for, and holders of, those certificates.

21L.A.82   Eligibility

Any natural or legal person who has demonstrated, or is in the process of demonstrating, or have declared, their design capability in accordance with point 21L.A.83 may apply for a supplemental type certificate under the conditions laid down in this Subpart.

21L.A.83   Demonstration of design capability

An applicant for a supplemental type certificate shall demonstrate their design capability by:

(a)

holding a design organisation approval with terms of approval that cover the respective category of product, issued by the Agency in accordance with Subpart J of Section A of Annex I (Part 21); or

(b)

declaring their design capability for the scope of the product in accordance with Subpart J of this Annex.

21L.A.84   Application for a supplemental type certificate

(a)

An application for a supplemental type certificate shall be made in a form and manner established by the Agency.

(b)

When applying for a supplemental type certificate, the applicant shall:

1.

include in the application the information required by point 21L.A.65(b);

2.

specify whether the certification data has been or will be prepared completely by the applicant or on the basis of an arrangement with the owner of the type-certification data.

21L.A.85   Demonstration of compliance

(a)

The applicant for a supplemental type certificate shall demonstrate compliance with the applicable type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with point 21L.B.101 and shall provide the Agency with the means by which such compliance has been demonstrated.

(b)

The applicant for a supplemental type certificate shall provide the Agency with a recorded justification of the means of compliance within compliance documents according to the compliance demonstration plan.

(c)

When carrying out testing and inspections to demonstrate compliance in accordance with point (a), the applicant shall have verified and documented this verification prior to carrying out any test:

1.

for the test specimen, that:

(i)

the materials and processes adequately conform to the specifications for the proposed changed type design;

(ii)

the constituent parts of the products adequately conform to the drawings in the proposed changed type design;

(iii)

the manufacturing processes, construction and assembly adequately conform to those specified in the proposed changed type design; and

2.

that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated.

(d)

The flight testing for the purpose of obtaining a supplemental type certificate shall be conducted in accordance with the methods for such flight testing specified by the Agency. The applicant for a supplemental type certificate shall make all the flight tests necessary to determine compliance with the applicable type-certification basis.

(e)

An applicant for a supplemental type certificate shall allow the Agency to:

1.

review any data and information related to the demonstration of compliance;

2.

witness or carry out any test or inspection conducted for the purpose of the demonstration of compliance; and

3.

conduct a physical inspection of the first article of that product in the final changed configuration to verify the compliance of the design with the type-certification basis and the applicable environmental protection requirements.

(f)

Upon completion of the compliance demonstration, the applicant for a supplemental type certificate shall declare to the Agency that:

1.

it has demonstrated compliance with the type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with points 21L.B.101, according to the compliance demonstration plan; and

2.

no feature or characteristic has been identified that may make the changed product unsafe or environmentally incompatible for the uses for which certification is requested.

21L.A.86   Requirements for approval of a supplemental type certificate

(a)

In order to be issued with a supplemental type certificate, the applicant shall:

1.

demonstrate their design capability in accordance with point 21L.A.83;

2.

demonstrate that the change to a type certificate and the areas affected by the change comply with the type-certification basis and the applicable environmental protection requirements, as established by the Agency in accordance with point 21L.B.101;

3.

demonstrate compliance in accordance with point 21L.A.85;

4.

if the applicant has specified that they provided certification data on the basis of an arrangement with the owner of the type-certification data in accordance with point 21L.A.84(b), demonstrate that the type-certificate holder:

(i)

has no technical objection to the information submitted under point 21L.A.65; and

(ii)

has agreed to collaborate with the applicant to ensure the discharge of all the obligations for continued airworthiness of the changed product through compliance with points 21L.A.28 and 21L.A.88;

5.

demonstrate that there are no unresolved issues from the physical inspection of the first article of that product in the final changed configuration carried out by the Agency in accordance with point 21L.A.85(e)(3).

(b)

A supplemental type certificate shall be limited to the specific configuration(s) in the type certificate to which the related major change relates.

21L.A.87   Approval of a supplemental type certificate under a privilege

(a)

The approval of a supplemental type certificate for a major change it has designed may be issued by an approved design organisation without an application according to point 21L.A.84 in accordance with the scope of its privileges provided for in point (9) of point 21.A.263(c) of Annex I (Part 21) instead of the Agency, as recorded in the terms of approval.

(b)

When issuing a supplemental type certificate in accordance with point (a), the design organisation shall:

1.

ensure that all the substantiation data and justifications are available;

2.

ensure that the compliance of the change with the type-certification basis and the applicable environmental protection requirements has been demonstrated and declared;

3.

confirm that it has not found:

(i)

any non-compliances with the type-certification basis or, where applicable, with the applicable environmental protection requirements, or with the certification specifications chosen;

(ii)

any feature or characteristic of the change that may make the changed product unsafe or environmentally incompatible for the uses for which certification is requested;

4.

limit the approval of the supplemental type certificate to the specific configuration(s) in the type certificate to which the change relates.

21L.A.88   Obligations of a holder of a supplemental type certificate

Each holder of a supplemental type certificate shall undertake the obligations of a supplemental type-certificate holder set forth in Subpart A of this Annex and shall continue to comply with the eligibility requirement under point 21L.A.82.

21L.A.89   Transferability of a supplemental type certificate

A supplemental type certificate may be transferred to a new holder, provided that the Agency has verified that the natural or legal person to whom the certificate is intended to be transferred is eligible in accordance with point 21L.A.83 to hold a supplemental type certificate and is able to undertake the obligations of a supplemental type-certificate holder under point 21L.A.88.

21L.A.90   Continued validity of a supplemental type certificate

(a)

A supplemental type certificate shall remain valid as long as:

1.

the supplemental type certificate is not surrendered by the holder;

2.

the holder of the supplemental type certificate remains in compliance with the relevant requirements of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, taking into account the provisions related to the handling of findings as specified under point 21L.B.21;

3.

the supplemental type certificate is not revoked by the Agency in accordance with point 21L.B.22.

(b)

Upon surrender or revocation, the type certificate shall be returned to the Agency.

21L.A.91   Changes to a part of a product covered by a supplemental type certificate

(a)

A minor change to a part of a product covered by a supplemental type certificate shall be approved in accordance with Subpart D of this Annex.

(b)

A major change to that part of a product covered by a supplemental type certificate shall be approved as a separate supplemental type certificate in accordance with this Subpart.

(c)

By way of derogation from point (b), a major change to that part of a product covered by a supplemental type certificate submitted by the supplemental type-certificate holder may be approved as a change to the existing supplemental type certificate in accordance with points 21L.A.63 to 21L.A.69.

SUBPART F –   CHANGES TO AIRCRAFT FOR WHICH DESIGN COMPLIANCE HAS BEEN DECLARED

21L.A.101   Scope

This Subpart establishes:

(a)

the procedure for declaring the compliance of a change to the design of an aircraft which was subject to a declaration made in accordance with Subpart C of this Annex;

(b)

the rights and obligations of the declarant making a declaration of compliance of the change referred to in point (a); and

(c)

provisions regarding the standard changes that do not require a declaration of design compliance.

21L.A.102   Standard changes

(a)

Standard changes are changes to the design of an aircraft which was subject to a declaration made in accordance with Subpart C of this Annex and which:

1.

follow the design data included in the certification specifications issued by the Agency, containing the acceptable methods, techniques and practices for carrying out and identifying standard changes, including the associated instructions for continued airworthiness; and

2.

are not in conflict with the design data covered by the declaration of aircraft design compliance made in accordance with Subpart C of this Annex.

(b)

Points 21L.A.103 to 21L.A.108 are not applicable to standard changes.

21L.A.103   Classification of changes to the design of an aircraft for which design compliance has been declared

(a)

Changes to the design of an aircraft which was subject to a declaration made in accordance with Subpart C of this Annex shall be classified as minor or major, using the criteria laid down in points 21L.A.63 (b) and (c).

(b)

The design compliance of a minor change shall be declared in accordance with point 21L.A.105.

(c)

The design compliance of a major change shall be declared in accordance with point 21L.A.107.

21L.A.104   Eligibility

(a)

A declarant who made a declaration of aircraft design compliance in accordance with Subpart C of this Annex may declare compliance of a minor change to the design of that aircraft under the conditions laid down in this Subpart. In addition, such a declaration of compliance may also be made, under the conditions laid down in this Subpart, by a design organisation approved in accordance with point (c)(3) of point 21.A.263 of Annex I (Part 21).

(b)

Only the declarant who made a declaration of aircraft design compliance in accordance with Subpart C of this Annex may declare the compliance of a major change to the design of an aircraft for which design compliance has been declared in accordance with Subpart C of this Annex, under the conditions laid down in this Subpart.

(c)

By derogation from point (b) of point 21.L.A.104, if the declarant who made a declaration of aircraft design compliance in accordance with Subpart C of this Annex is no longer active or is unresponsive to requests for design changes, the compliance of a changed aircraft design may also be declared in accordance with Subpart C of this Annex by a design organisation approved in accordance with point (c)(4) of point 21.A.263 of Annex I (Part 21) within the scope of their terms of approval, or by any other natural or legal person who is able to undertake the obligations laid down in point 21L.A.47 with respect to that changed aircraft.

21L.A.105   Declaration of design compliance for minor changes

(a)

Prior to installing or incorporating or agreeing with a production organisation to install or incorporate a minor change to the design of an aircraft for which design compliance has been declared in accordance with Subpart C of this Annex the organisation that has designed that minor change shall declare that the design of that minor change complies with:

1.

either the detailed technical specifications incorporated by reference in the declaration of design compliance of the aircraft, unless those detailed technical specifications or parts of them are no longer applicable in accordance with point 21L.B.61 because the Agency has determined that experience from other similar products in service or products that have similar design features has shown that unsafe conditions may develop, and the detailed technical specifications that were referenced in the declaration of design compliance of the aircraft do not address this unsafe condition, or

2.

the detailed technical specifications applicable, on the date on which the declaration is made in accordance with point 21L.B.61, if chosen by the declarant; and

3.

the applicable environmental protection requirements referred to in point 21L.B.61 which are applicable on the date on which the declaration is made.

(b)

The declaration of design compliance shall be made in a form and manner established by the Agency.

(c)

The declarant or the organisation that has designed the minor change shall maintain a register of minor changes to the design of aircraft for which design compliance has been declared, and make any declaration made in accordance with point (a) available to the Agency upon request.

21L.A.106   Obligations of the person making a declaration of compliance of the design of a minor change

Any person that has made a declaration of compliance of a minor change to an aircraft design in accordance with point 21L.A.105 shall:

(a)

maintain a register of those declarations and shall make those declarations available to the Agency upon request;

(b)

retain all supporting documents for a declaration of design compliance, and make them available to the Agency upon request;

(c)

undertake all other obligations of a declarant of a declaration of design compliance set forth in Subpart A of this Annex.

21L.A.107   Declaration of design compliance for a major change

(a)

Prior to installing or incorporating or agreeing with a production organisation to install or incorporate a major change to the design of an aircraft for which design compliance has been declared in accordance with Subpart C of this Annex, the organisation that has designed that major change shall declare that the design of that major change and the areas affected by that change comply with:

1.

either the detailed technical specifications incorporated by reference in the declaration of design compliance of the aircraft, unless those detailed technical specifications or parts of them are no longer applicable in accordance with point 21L.B.61 because the Agency has determined that experience from other similar products in service or products that have similar design features has shown that unsafe conditions may develop and the detailed technical specifications that were referenced in the declaration of design compliance of the aircraft do not address this unsafe condition, or

2.

the detailed technical specifications applicable on the date on which the declaration is made in accordance with point 21L.B.61, if chosen by the declarant; and

3.

the applicable environmental protection requirements referred to in point 21L.B.61 which are applicable on the date on which the declaration is made.

(b)

The declaration of design compliance shall be made in a form and manner established by the Agency.

(c)

The declaration shall contain at least the following information:

1.

the name of the person submitting the declaration, and their address/place of business;

2.

the declaration reference number of the aircraft to which the major change relates;

3.

a unique reference for identifying the major change;

4.

indication of the detailed technical specifications and the applicable environmental protection requirements with which the declarant declares compliance;

5.

a signed statement made under the sole responsibility of the person making the declaration that the design of the major change is in compliance with the detailed technical specifications and the applicable environmental protection requirements referred to in point (4), according to the compliance demonstration plan referred to in point (d)(3);

6.

a signed statement made under the sole responsibility of the person making the declaration that no features or characteristics have been identified by that person that may make the aircraft unsafe or environmentally incompatible for the intended use;

7.

a signed commitment that the person making the declaration will undertake the obligations referred to in point 21L.A.47 in respect of the changed aircraft design;

8.

the instructions for continued airworthiness;

9.

the operating limitations, if changed;

10.

the data sheet for airworthiness and, if applicable, the record of emissions compliance;

11.

the data sheet for noise, if applicable;

12.

any other conditions or limitations prescribed for the aircraft in the applicable detailed technical specifications and the applicable environmental protection requirements with which the declarant declares compliance.

(d)

The declarant that designs a major change shall submit the declaration referred to in point (c) to the Agency. Together with this declaration, the declarant shall provide to the Agency:

1.

a description of the major change;

2.

basic data about the major change, including the operating characteristics, design features and any limitations;

3.

a compliance demonstration plan detailing the means for compliance demonstration that was followed during the compliance demonstration;

4.

recorded justifications of compliance within the compliance data obtained from the compliance activities that have been conducted according to the compliance demonstration plan;

5.

the means by which such compliance with the applicable detailed technical specifications and applicable environmental protection requirements in point 21L.B.61 has been demonstrated;

6.

where compliance is demonstrated by carrying out tests, recorded justification of the conformity of the test articles and equipment, demonstrating:

(i)

for the test specimen, that:

(A)

the materials and processes adequately conformed to the specifications for the design;

(B)

the constituent parts of the products adequately conformed to the drawings in the design; and

(C)

the manufacturing processes, construction and assembly adequately conformed to those specified in the design;

(ii)

that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated;

7.

reports, results of inspections or tests that the declarant found necessary to determine that the aircraft complies with the applicable detailed technical specifications and applicable environmental protection requirements.

(e)

The declaration of a major change to a declaration of design compliance shall be limited to the specific configuration(s) in the declaration of design compliance to which the change relates.

21L.A.108   Compliance activities for declaring compliance of a major change

Prior to making a declaration of compliance in accordance with point 21L.A.107, the declarant shall, for that specific design:

(a)

establish a compliance demonstration plan detailing the means for compliance demonstration that shall be followed during the compliance demonstration. This document shall be updated as necessary;

(b)

record the justification of compliance within compliance documents according to the compliance demonstration plan;

(c)

perform testing and inspections as necessary in accordance with the compliance demonstration plan;

(d)

ensure and record the conformity of the test articles and equipment and ensure that the test specimen conforms to the specifications, drawings, manufacturing processes, construction and assembly means in the design;

(e)

ensure that the test and measuring equipment to be used for testing are adequate for testing and appropriately calibrated;

(f)

allow the Agency to conduct or participate in any inspections or tests of aircraft in the final or suitably mature design and production configuration that are necessary to determine that the changed product has no feature or characteristic that makes the aircraft unsafe or environmentally incompatible for the intended use;

(g)

carry out flight testing, in accordance with the methods for such flight testing specified by the Agency, as necessary to determine that the aircraft complies with the applicable detailed technical specifications and the applicable environmental protection requirements.

SUBPART G –   DECLARED PRODUCTION ORGANISATIONS

21L.A.121   Scope

(a)

This Subpart establishes:

1.

the procedures for declaring the production capability of natural and legal persons showing the conformity of products and parts with the applicable design data;

2.

the rights and obligations of the natural and legal persons making a declaration of production capability referred to in point (1).

(b)

The following categories of products and parts may be produced by organisations which have made a declaration of production capability in accordance with this Subpart:

1.

products and parts the design of which has been certified in accordance with this Annex;

2.

aircraft the design of which is covered by a declaration made in accordance with this Annex, and their engines, propellers and parts.

21L.A.122   Eligibility

Any natural or legal person (‘organisation’) may declare their production capability under this Subpart, if that person:

(a)

has applied or intends to apply for the approval of the design of the product or part in accordance with this Annex; or

(b)

has declared or intends to declare the compliance of an aircraft design in accordance with this Annex; or

(c)

is collaborating with the applicant for, or holder of, an approval of the design of the product to be issued or issued in accordance with this Annex, or with the organisation that has declared or intends to declare the compliance of that aircraft design in accordance with this Annex, in order to ensure that the manufactured product or part is in conformity to that design, and to ensure the continued airworthiness of the product or part.

21L.A.123   Declaration of production capability

(a)

Prior to producing any products or parts, an organisation intending to show the conformity of those products or parts with the applicable design data shall declare its production capability.

(b)

The declaration, and any subsequent changes thereto, shall be made in a form and manner established by the competent authority.

(c)

The declaration shall include the information necessary for the competent authority to become familiar with the organisation and the intended scope of work, and shall include at least the following:

1.

the registered name of the organisation;

2.

the contact details of the organisation’s registered address of their principal place of business and, where applicable, the contact and the operating sites of the organisation;

3.

the names and contact details of the accountable manager of the organisation nominated in accordance with point (c)(1) of point 21L.A.125;

4.

the intended scope of work;

5.

the date of the intended commencement of production;

6.

a statement confirming that the organisation:

(i)

has a management system for production in accordance with point (a) of point 21L.A.124; and

(ii)

will maintain the management system for production in compliance with this Subpart;

7.

a statement confirming that the organisation will adhere to the processes and procedures established in accordance with point (d) of point 21L.A.124;

8.

a statement that the organisation agrees to undertake the obligations of a declared production organisation in accordance with point 21L.A.127.

(d)

The declaration of production capability shall be submitted to the competent authority.

21L.A.124   Management system for production

(a)

The declared production organisation shall establish, implement, and maintain a management system for production with clear accountability and lines of responsibility throughout the organisation that:

1.

corresponds to the nature and complexity of its activities and the size of the organisation, and takes into account the hazards and associated risks inherent in these activities;

2.

is established under the accountability of an accountable manager nominated according to point (c)(1) of point 21L.A.125.

(b)

The management system for production shall include a means to manage quality by maintaining a quality system that shall:

1.

ensure that each product or part produced by the declared production organisation or by its partners, or supplied from or subcontracted to outside parties, conforms to the applicable design data and is in a condition for safe operation;

2.

establish, implement, and maintain, as appropriate, within the scope of their activities, control procedures for:

(i)

document issue, approval, or change;

(ii)

vendor and subcontractor assessment, audit and control;

(iii)

verification that incoming products, parts, materials, and equipment, including items supplied new or used by buyers of products, are as specified in the applicable design data;

(iv)

identification and traceability;

(v)

manufacturing processes;

(vi)

inspection and testing, including production flight tests;

(vii)

calibration of tools, jigs, and test equipment;

(viii)

non-conforming item control;

(ix)

the collaboration with the applicant for, or holder of, the design approval or the declarant of a declaration of design compliance;

(x)

the completion and retention of records;

(xi)

ensuring the competence and qualifications of personnel;

(xii)

the issue of airworthiness release documents;

(xiii)

handling, storage and packing;

(xiv)

internal quality audits and the resulting corrective actions;

(xv)

work performed at any location other than the operating sites included in the declaration;

(xvi)

work carried out after the completion of production but prior to delivery, to maintain the aircraft in a condition for safe operation;

(xvii)

the request for the issuance of permits to fly and the approval of associated flight conditions;

3.

include specific provisions in the control procedures for any critical parts.

(c)

The declared production organisation shall establish, as part of their management system for production, an independent function to monitor the compliance of the organisation with the relevant requirements, and compliance with, and the adequacy of, the production management system. This monitoring shall include a system to provide feedback to the person or group of persons referred to in points (c)(1) and (2) of point 21L.A.125 to ensure, as necessary, corrective action.

(d)

The declared production organisation shall establish, maintain and keep updated, as part of their management system for production, processes and procedures that ensure the compliance of products that are produced with the applicable design data. The declared production organisation shall make documentary evidence of these processes and procedures available to the competent authority upon request.

(e)

The declared production organisation shall have procedures in place to ensure that newly manufactured aircraft are maintained in accordance with the applicable maintenance instructions and are kept in an airworthy condition and, if applicable, that a certificate of release to service is issued for any maintenance that has been completed.

(f)

If the declared production organisation holds (an)other organisation certificate(s) issued on the basis of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, the production organisation may integrate the production management system with the management system that is required for the issuance of the other certificate(s).

21L.A.125   Resources of the declared production organisation

The declared production organisation shall ensure that:

(a)

the facilities, working conditions, equipment and tools, processes and associated materials, the number and competence of staff, and the general organisation are adequate to discharge its obligations under point 21L.A.127;

(b)

with regard to all necessary airworthiness and environmental protection data:

1.

it is in receipt of such data from the Agency, and from the declarant of design compliance or the holder of, or the applicant for, the type certificate, or design approval, to determine its conformity with the applicable design data;

2.

it has established a procedure to ensure that airworthiness and environmental compatibility data is correctly incorporated into its production data;

3.

such data is kept up to date and made available to all personnel who need access to such data to perform their duties;

(c)

with regard to management and staff:

1.

an accountable manager has been nominated by the declared production organisation with authority to ensure that, within the organisation, all production is performed to the required standards and that the declared production organisation is continuously in compliance with the requirements of the management system for production referred to in point (a) of point 21L.A.124, and the processes and the procedures identified in point (d) of point 21L.A.124;

2.

a person or group of persons has or have been nominated by the accountable manager to ensure that the organisation is in compliance with the requirements of this Subpart, and is (are) identified, together with the extent of their authority. Such a person or group of persons shall be responsible to the accountable manager and have direct access to them. They shall have the appropriate knowledge, background and experience to discharge their responsibilities;

3.

staff at all levels have been given appropriate authority to be able to discharge their allocated responsibilities and that there is full and effective coordination within the declared production organisation in respect of airworthiness and environmental compatibility data matters;

4.

the organisational structure of the organisation along with the key personnel who are responsible for ensuring that the organisation is in compliance with this Subpart is documented and kept updated;

(d)

with regard to certifying staff, authorised by the declared production organisation to sign the documents issued under point 21L.A.126 within the scope of declared production activities:

1.

the knowledge, background (including other functions in the organisation), and experience of the certifying staff are appropriate to discharge their allocated responsibilities;

2.

certifying staff are provided with evidence of the scope of their authorisation. A list of certifying staff shall be maintained by the declared production organisation.

21L.A.126   Scope of work

(a)

A declared production organisation is entitled to show the conformity of the products and parts that are within the scope of this Section and that it has produced within the declared scope of work, with the applicable design data.

(b)

A declared production organisation is entitled, for a complete aircraft, after presentation of an aircraft statement of conformity (EASA Form 52B), to apply:

1.

for an aircraft that conforms to a type design approved in accordance with Subpart B of Section B of this Annex, for a certificate of airworthiness and a noise certificate;

2.

for an aircraft that conforms to a design for which compliance has been declared in accordance with Subpart C of this Annex, for a restricted certificate of airworthiness and a restricted noise certificate.

(c)

A declared production organisation is entitled to issue authorised release certificates (EASA Form 1) for engines, propellers and parts that either conform to:

1.

approved design data issued in accordance with Subparts B, D, E or M of Section B of this Annex;

2.

declared design data for which design compliance has been declared in accordance with Subparts C, F or N of this Annex;

3.

production data based upon all the necessary approved design data as provided by a repair design approval holder.

(d)

A declared production organisation is entitled to recommend the conditions for an aircraft that it has produced and for which it has attested conformity with the applicable design data, under which a permit to fly can be issued by the competent authority under Subpart P of Annex I (Part 21).

(e)

A declared production organisation is entitled to maintain a new aircraft that it has produced, as necessary to keep it in an airworthy condition, unless Regulation (EU) No 1321/2014 requires the maintenance to be performed under such rules, and to issue a certificate of release to service (EASA Form 53B) in respect of that maintenance.

21L.A.127   Obligations of the declared production organisation

(a)

The declared production organisation shall work in accordance with clearly defined procedures, practices and processes.

(b)

If the declared production organisation intends to conduct flight tests, then it shall prepare, maintain and keep updated an operations manual that includes a description of the organisation’s policies and processes for flight testing. The declared production organisation shall make this manual available to the competent authority upon request.

(c)

For completed aircraft, prior to submitting an aircraft statement of conformity (EASA Form 52B) to the competent authority, the declared production organisation shall ensure that the aircraft is in a condition for safe operation and conforms to:

1.

the approved type design of a type-certified product issued in accordance with Subpart B of Section B of this Annex, or

2.

the design data of an aircraft for which design compliance has been declared in accordance with Subpart C of this Annex.

(d)

For products (other than complete aircraft) and parts, the declared production organisation shall ensure prior to issuing an authorised release certificate (EASA Form 1) that the product or part is in a condition for safe operation and conforms to the approved type design of a type-certified product issued in accordance with Subpart B, D, E or M of Section B of this Annex or conforms to the design data of an aircraft for which design compliance has been declared in accordance with Subpart C, F or M of this Annex.

(e)

For engines, the declared production organisation shall ensure that the completed engine is in compliance with the applicable engine exhaust emissions requirements applicable on the date of production of the engine.

(f)

The declared production organisation shall include, in any authorised release certificates (EASA Form 1) that are issued by it, the reference number issued by the competent authority in accordance with point 21L.B.142 for this declared production organisation.

(g)

The declared production organisation shall ensure that the organisation records the details of any work that is completed.

(h)

The declared production organisation shall provide, to the design holder or the declarant of a declaration of design compliance, continuing airworthiness support for any products or parts that they have produced.

(i)

The declared production organisation shall have an archiving system that records the requirements that have been placed on other organisations, such as suppliers and subcontractors. The declared production organisation shall make the archived data available to the competent authority for continuing airworthiness purposes.

(j)

For the production of new aircraft, the declared production organisation shall ensure that the aircraft is kept in an airworthy condition and that maintenance is performed, including any necessary repairs in accordance with the applicable design data, prior to the issuance of an aircraft statement of conformity (EASA Form 52B).

(k)

Where the declared production organisation issues a certificate of release to service after such maintenance, it shall determine that each completed aircraft has been subjected to the necessary maintenance and is in a condition for safe operation, prior to issuing that certificate.

(l)

The declared production organisation shall comply with the requirements in Subpart A of this Annex applicable to a declared production organisation.

21L.A.128   Notification of changes and cessation of activities

The declared production organisation shall notify the competent authority without undue delay of the following:

(a)

any changes to the information that has been declared in accordance with point (c) of point 21L.A.123;

(b)

any changes to the management system for production that are significant to the showing of conformity or to the airworthiness and environmental compatibility characteristics of the product or part;

(c)

the cessation of some of or all the activities covered by the declaration.

SUBPART H –   CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS

21L.A.141   Scope

This Subpart establishes the procedure for applying for a certificate of airworthiness or a restricted certificate of airworthiness for an aircraft whose design has been certified or declared in accordance with this Annex, and establishes the rights and obligations of the applicants for, and holders of, those certificates.

21L.A.142   Eligibility

Any natural or legal person under whose name an aircraft is registered or will be registered in a Member State (‘Member State of registry’) may apply for a certificate of airworthiness or for a restricted certificate of airworthiness for that aircraft under the conditions laid down in this Subpart.

21L.A.143   Application for a certificate of airworthiness or a restricted certificate of airworthiness

(a)

A natural or legal person shall apply for a certificate of airworthiness or a restricted certificate of airworthiness in a form and manner established by the competent authority of the Member State of registry.

(b)

A natural or legal person may apply for:

1.

a certificate of airworthiness for aircraft which conform to a type certificate that has been issued by the Agency in accordance with Subpart B of Section B of this Annex; or

2.

a restricted certificate of airworthiness for aircraft which conform to a declaration of design compliance in accordance with Subpart C of this Annex which is registered by the Agency in accordance with point 21L.B.63 at the time of application.

(c)

For a new aircraft that conforms to a type certificate issued by the Agency, the applicant shall include in the application:

1.

an aircraft statement of conformity (EASA Form 52 or EASA Form 52B) that is either issued or signed by:

(i)

a production organisation that has declared their production capability under Subpart G of this Annex and has been registered by the competent authority in accordance with point 21L.B.142; or

(ii)

a production organisation approval holder under the privileges of point (b) of point 21.A.163 of Annex I (Part 21);

2.

a weight and balance report with a loading schedule;

3.

the flight manual if required by the applicable type-certification basis.

(d)

For a new aircraft that conforms to a declaration of design compliance which is registered by the Agency, the applicant shall include in the application:

1.

an aircraft statement of conformity (EASA Form 52B) that is either issued or signed by:

(i)

a natural or legal person in accordance with Subpart R of this Annex;

(ii)

a production organisation that has declared their production capability under Subpart G of this Annex and has been registered by the competent authority in accordance with point 21L.B.142; or

(iii)

a production organisation approval holder under the privileges of point (d) of point 21.A.163 of Annex I (Part 21);

2.

a weight and balance report with a loading schedule;

3.

the flight manual if required by the applicable detailed technical specifications for the declaration of design compliance.

(e)

For a used aircraft originating from a Member State, the applicant shall include in the application an airworthiness review certificate issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014.

(f)

For a used aircraft originating from a non-Member State, the applicant shall include in the application:

1.

a statement from the competent authority of the State where the aircraft is, or was, registered, reflecting the airworthiness status of the aircraft at the time of transfer;

2.

the historical records to establish the production, modification, and maintenance standard of the aircraft;

3.

a weight and balance report with a loading schedule;

4.

the flight manual;

5.

a recommendation for the issuance of a certificate of airworthiness or restricted certificate of airworthiness and for an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014 or an airworthiness review certificate in accordance with Annex Vb (Part-ML) to Regulation (EU) No 1321/2014.

(g)

Unless otherwise agreed, the statements referred to in points (c)(1), (d)(1) and (f)(1) shall be issued no more than 60 days before the presentation of the aircraft to the competent authority of the Member State of registry.

21L.A.144   Obligations of the applicant for a certificate of airworthiness or a restricted certificate of airworthiness

The applicant for a certificate of airworthiness or for a restricted certificate of airworthiness shall:

(a)

present the manuals, placards, listings, and instrument markings and other necessary information required by the applicable type-certification basis or by the applicable detailed technical specifications for declarations of design compliance in one or more of the official language(s) of the European Union acceptable to the competent authority of the Member State of registry;

(b)

demonstrate that their aircraft is identified in accordance with Subpart Q of this Annex;

(c)

arrange for inspections of the competent authority of the Member State of registry to assess whether the aircraft has any non-conformities that could affect the safety of the aircraft.

21L.A.145   Transferability and re-issuance of a certificate of airworthiness and of a restricted certificate of airworthiness within Member States

Where the ownership of an aircraft has changed:

(a)

if it remains on the same register, the certificate of airworthiness, or the restricted certificate of airworthiness issued in accordance with Subpart H of Section B of this Annex, shall be transferred together with the aircraft;

(b)

if the aircraft is intended to be registered in another Member State, the natural or legal person under whose name the aircraft will be registered shall apply to the competent authority of the new Member State of registry for a new certificate of airworthiness or a restricted certificate of airworthiness and shall include in this application the former certificate of airworthiness or restricted certificate of airworthiness issued in accordance with Subpart H of Section B of this Annex and a valid airworthiness review certificate issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014.

21L.A.146   Continued validity of a certificate of airworthiness and of a restricted certificate of airworthiness

(a)

A certificate of airworthiness or a restricted certificate of airworthiness shall remain valid as long as:

1.

the aircraft remains on the same register;