This document is an excerpt from the EUR-Lex website
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
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
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)
In force
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:
2. For the purpose of this Regulation, the following definitions shall apply:
|
(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:
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:
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:
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:
|
(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:
|
(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:
|
(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:
|
(2) |
in Section A, Subpart H is amended as follows:
|
(3) |
in Section A, Subpart I is amended as follows:
|
(4) |
in Section A, Subpart J is amended as follows:
|
(5) |
in Section A, in Subpart K, in point 21.A.307, the following point (b)(7) is inserted:
|
(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
2. GENERAL FORMAT
3. COPIES
4. ERROR(S) ON A CERTIFICATE
5. COMPLETION OF THE CERTIFICATE BY THE ORIGINATOR
|
(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:
|
(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:
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:
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:
|
(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:
|
(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:
|
(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:
|
(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:
|
(f) |
Upon the completion of the compliance demonstration, the applicant shall declare to the Agency that:
|
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:
|
(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:
|
(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:
|
(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:
|
(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:
|
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:
|
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:
|
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:
|
(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:
|
(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:
|
(f) |
Upon completion of the compliance demonstration, the applicant shall declare to the Agency that:
|
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:
|
(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:
|
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:
|
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:
|
(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:
|
(f) |
Upon completion of the compliance demonstration, the applicant for a supplemental type certificate shall declare to the Agency that:
|
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:
|
(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:
|
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:
|
(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:
|
(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:
|
(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:
|
(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:
|
(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:
|
(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:
|
(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:
|
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:
|
(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:
|
(b) |
The management system for production shall include a means to manage quality by maintaining a quality system that shall:
|
(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:
|
(c) |
with regard to management and staff:
|
(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:
|
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:
|
(c) |
A declared production organisation is entitled to issue authorised release certificates (EASA Form 1) for engines, propellers and parts that either conform to:
|
(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:
|
(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:
|
(c) |
For a new aircraft that conforms to a type certificate issued by the Agency, the applicant shall include in the application:
|
(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:
|
(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:
|
(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:
|